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INSIGHTS

Insights

We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

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April 25, 2025
Vietnam is on the cusp of a major judicial reform with significant implications for intellectual property (IP) litigators. A draft law, expected to be passed in mid-2025, will restructure the court system into a three-tiered judicial hierarchy while retaining the current two-tiered trial structure. The reforms include the anticipated establishment of a specialized IP court and a reallocation of jurisdiction that may fundamentally change how and where IP disputes are resolved. From 63 to 34: Fewer Provinces, Fewer Courts – But Wider Reach Under the new model, the judiciary will be organized into three levels: (i) the Supreme People’s Court, with three newly established appellate courts in Hanoi, Da Nang, and Ho Chi Minh City, (ii) the 34 provincial-level People’s Courts (following a reduction from 63 provinces to 34 due to administrative consolidation), and (iii) a newly created tier of regional-level courts (tòa án khu vực) that will replace the existing district-level courts. Each regional court will encompass several district-level courts within a province. The number of regional courts in each province will be determined based on the number of districts following a planned reduction. While the number of provincial-level courts will decrease, the newly established regional-level courts will be granted expanded jurisdiction. Notably, these courts will have first-instance jurisdiction over a broad range of civil, commercial, and administrative matters. In criminal cases, they will handle offenses punishable by up to 20 years’ imprisonment, while more serious crimes will remain under the jurisdiction of provincial-level courts. For IP litigators, this likely means that first-instance cases, especially civil infringement disputes, will shift from the provincial level to the lower regional level. These regional courts will become the new battleground for IP enforcement. Same Two-Tier Adjudication, Different Game Board While the judicial structure is evolving, the core adjudicative framework remains unchanged: Vietnam retains its two-level system of
April 24, 2025
On April 8, 2025, Thailand passed a resolution to reduce the government fees for registering the sale and mortgage of immovable property. These reductions are outlined in two notifications issued by the Ministry of Interior and published in the Government Gazette on April 22, 2025. The measures are part of the government’s ongoing efforts to support the real estate sector and promote property ownership. The reduced fees apply to sale and mortgage registrations for certain types of properties—detached houses, semidetached houses, row houses, commercial buildings, accompanying land, and condominium units—with a sale price, official assessed value, or mortgage amount not exceeding THB 7 million. The reduced fees apply only when the buyer is an individual with Thai nationality. The reduced rates for registration fees are as follows: Sale: 0.01% of the officially assessed value (reduced from the normal rate of 2%) Mortgage: 0.01% of the mortgage amount (reduced from the normal rate of 1%) when registered at the same time as the sale of the property. These reduced rates are in effect from April 22, 2025, to June 30, 2026.
April 23, 2025
On April 13, 2025, the government of Vietnam issued Decree No. 89/2025/ND-CP to amend and supplement Decree No. 92/2016/ND-CP dated July 1, 2016, concerning conditional business lines within the civil aviation sector (“Decree 89”). This update was implemented through an expedited procedure with immediate effect and has drawn public attention as it broadens the types of aircraft eligible for import into Vietnam, thereby promising to inject greater diversity into the country’s aviation market. What has changed? Decree 89 expands the recognition of aircraft type certificates—documents ensuring that the design of the aircraft, aircraft engine, or propeller meet airworthiness standards—from two to seven foreign aviation authorities. While Vietnam previously only accepted type certificates from the U.S. Federal Aviation Administration (FAA) and the European Union Aviation Safety Agency (EASA), the country now further accepts type certificates issued by five additional foreign aviation authorities: National Civil Aviation Agency of Brazil (ANAC) Transport Canada Civil Aviation (TCCA) Federal Agency for Air Transport of the Russian Federation (Rosaviatsiya) U.K. Civil Aviation Authority (UK CAA) Civil Aviation Administration of China (CAAC) Additionally, on April 14, 2025, Vietnam’s Ministry of Construction issued Circular No. 03/2025/TT-BXD (“Circular 03”) with immediate effect, amending and supplementing several articles under Circular No. 01/2011/TT-BGTVT previously issued by the Ministry of Transport (which was merged into the Ministry of Construction on March 1, 2025) in 2011 on the promulgation of the Civil Aviation Safety Regulations for aircraft and aircraft operations. Echoing Decree 89, Circular 03 allows the Civil Aviation Authority of Vietnam (CAAV) to issue or recognize Certificates of Airworthiness to aircraft that hold type certificates issued by the aviation authorities of Brazil, Canada, Russia, the United Kingdom, or China, in addition to those issued by the FAA or EASA. Following the entry into force of Decree 89 and Circular 03, the first aircraft imported and approved for commercial flights under
April 22, 2025
Thailand’s Immigration Bureau has announced the launch of the Thailand Digital Arrival Card (TDAC) as part of ongoing efforts to improve entry procedures and streamline immigration processing. Effective May 1, 2025, all foreign nationals with any type of visa entering Thailand by any means will be required to complete the TDAC online prior to arrival. This requirement does not apply to individuals transiting or transferring through Thailand without passing through immigration control, or to those entering with a border pass. Foreign nationals planning to enter Thailand must complete and submit their TDAC within the three days prior to their arrival date. The form, which collects passport information, personal details, travel information (e.g., flight number), Thai accommodation information, and a health declaration—can be filled out in English online at https://tdac.immigration.go.th. Once the form is submitted, an acknowledgment will be sent to the email address entered on the form. This acknowledgment must be presented at the immigration checkpoint in Thailand along with travel documents for verification. The Thai government strongly encourages all foreign passport holders to complete the TDAC ahead of their departure to prevent any entry delays or issues at the checkpoint.
April 21, 2025
2025年3月31日,柬埔寨劳工与职业培训部(MLVT)发布第009/25号通知,宣布延长2025年度外国雇员工作许可证及雇佣手册的续期申请期限。本次延期旨在为尚未完成工作许可证续期申请的外国雇员提供充足时间,以应对续期申请提交过程中出现的延误情况。 工作许可证及雇佣手册续期申请的新截止日期为2025年4月30日。所有申请及续期手续必须通过劳工与职业培训部(MLVT)设立的外国劳动力集中管理系统(Foreign Workforce Centralized Management System)在线办理,并须在上述截止日期前完成。 未在截止日期前完成外国雇员工作许可证及雇佣手册的续期申请,可能会导致雇主及外国雇员面临严重的罚款。 所有外国雇员应在延长后的截止日期前完成工作许可证及雇佣手册的续期申请,以确保在柬埔寨工作的合法有效性。
April 21, 2025
In response to the Thai stock index’s decline and market volatility, Thailand’s Department of Business Development is proposing an amendment to the country’s treasury stock rules to ease the requirements for both the implementation and the disposal of shares, as they see this as a timely opportunity to optimize the use of treasury stock as a tool to support share prices and prevent them from falling below their fundamental value. The rules governing treasury stock for public companies are set out in the Public Limited Companies Act B.E. 2535 (1992) (PLCA), its accompanying ministerial regulation, and the relevant rules issued by the Stock Exchange of Thailand (SET). The law permits share repurchases in two circumstances: (1) to buy back shares from dissenting shareholders following an amendment to the articles of association affecting voting or dividend rights, and (2) for financial management purposes when the company has retained earnings and excess liquidity—this second scenario is more common in the market. To satisfy the excess liquidity requirement, the company must primarily demonstrate the ability to meet its debt obligations within six months, have sufficient retained earnings, and ensure that the treasury stock implementation does not breach the SET’s free-float requirement. The SET rules prescribe that the repurchase price must not exceed 115% of the five-day average closing price at the time of repurchase, and the disposal price must not be lower than 85% of this average closing price at the time of disposal. As for the timing, treasury shares must be held for at least three months and sold within three years; otherwise, the company must proceed with a capital reduction. There is also a six-month waiting period following the finishing or canceling of a previous share buyback before a company can start a new one. The proposed amendment will ease these timings as
April 18, 2025
On April 12, 2025, Thailand published an amendment to the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes in the Government Gazette, with the regulation taking effect the following day. Drafts of the amendment had been shared in recent months, and the final amendment of the decree contains some additional key revisions, such as narrowing the business operators subject to the decree’s requirements, reducing operators’ obligations, and establishing collaboration between relevant stakeholders to tackle technology crime. These key revisions to the amendment are detailed below. Business operators subject to the decree: The business operators covered under the decree now include only payment service providers under the Payment System Act and digital asset operators under the Royal Decree on Digital Asset Businesses. Digital platform services under the Royal Decree on Digital Platform Service Businesses That Are Subject to Prior Notification are no longer within the scope of the decree. Definition of technology crime: The final version of the amendment removed the expanded definition of technology crime that had been included in a previous draft, leaving the decree’s existing definition unchanged. Telecommunications provider obligations: Mobile and telecommunications service providers now have an obligation to monitor and screen for content that may be related to technology crime and suspend SIM cards when instructed to do so by the National Broadcasting and Telecommunications Commission (NBTC). Transaction and account suspension: The amendment removes the decree’s complex transaction suspension procedures and leaves room for business-specific regulators (e.g., Bank of Thailand, Securities and Exchange Commission, NBTC) to impose various technology crime suspension requirements on business operators under their supervision. The newly established Center for Prevention and Suppression of Technology Crimes can also notify financial institutions and business operators of names or digital asset wallet addresses that may be related to technology crime, triggering an obligation to suspend the
April 18, 2025
On March 31, 2025, Cambodia’s Ministry of Labour and Vocational Training (MLVT) issued Notification 009/25, which grants an extension for the renewal of foreign workers’ work permits and employment books in 2025. This extension is to ensure that those who have not yet applied for the renewal of their work permits are provided with sufficient time to complete the application process, as there have been delays in the submission of work permit extension requests. The new deadline for the submission of renewal applications for work permits and employment books is April 30, 2025. Applications and renewals must be processed via the MLVT’s online Foreign Workforce Centralized Management System before the specified deadline. Failure to extend the validity of work permits and employment books for foreign workers before the deadline may result in significant monetary penalties for both employers and foreign nationals. All foreign workers should renew their work permits and employment books within the extended deadline to ensure continued validity for working in Cambodia.