Vietnam’s new Penal Code (the “New Penal Code”), which became effective on January 1, 2018, significantly bolsters Vietnam’s anti-corruption laws with respect to the private sector. The New Penal Code sets out numerous corruption-related offenses, including the giving and promising of bribes, the receiving of bribes, the “brokerage” of bribes, and embezzlement. The most significant corruption-related change in the new law involves the criminalization of private-sector bribery.

Cambodia signed an Agreement on the Validation of European Patents (“Validation Agreement”) with the European Patent Office (EPO) on January 23, 2017. This agreement will enter into force on March 1, 2018.Cambodia will be the first Asian country to validate European patents in its territory, placing it among 44 countries worldwide that allow protection with a single European patent application.

On November 13, 2017, Thailand introduced substantial amendments to the Thai Customs Act, an act that had long been considered outdated, controversial, and lacking in clarity. Numerous important provisions therefore became effective, offering a new platform upon which Customs authorities, law enforcement officials, and the Thai courts could operate.

Registration of sound marks has been possible in Thailand since September 1, 2017, based on amendments to the Trademark Act B.E. 2534 (1991) and the issuance of Ministerial Regulation No. 5 B.E. 2560 (2017).

The Contract Committee of the Consumer Protection Board has issued a new notification under the Consumer Protection Act designating the lease of residential property as a “contract-controlled business.”The Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018) (the “Notification”), published on February 16, 2018, imposes a number of important requirements and restrictions on residential lease contracts that will come into effect on May 1, 2018.

On January 18, 2018, the Ministry of Health (MoH) of Vietnam issued Circular No. 01/2018/TT-BYT (Circular 01) on the labeling of pharmaceuticals (referred to hereinafter as “drugs” for brevity). This circular will take effect from June 1, 2018, and will replace the current drug labeling regulations (Circular No. 06/2016/TT-BYT).

The much-anticipated Myanmar Companies Bill was passed by the Pyidaungsu Hluttaw and assented to by President U Htin Kyaw on December 6, 2017. The newly enacted Myanmar Companies Law 2017 (MCL 2017) effectively repeals the archaic Myanmar Companies Act 1914 (MCA 1914), and will come into effect at a date to be designated by the president, currently anticipated to be no later than August 1, 2018. In the meantime, the MCA 1914 remains in effect. The main changes introduced by the MCL 2017 are detailed below.

The Consumer Protection Act B.E. 2522 (1979) grants the Contract Committee of the Consumer Protection Board the power to designate “contract-controlled businesses,” in order to control the contents of written contracts between certain businesses and their consumers in the course of sales or services. Designation as a contract-controlled business is intended to ensure that contracts contain necessary terms and conditions and to prevent consumers from being unreasonably disadvantaged by unfair contract terms.