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March 24, 2020

COVID-19 Resource Center

As the global COVID-19 situation develops, Tilleke & Gibbins is dedicated to ensuring that our clients remain up to date on the most important legal developments in Southeast Asia as they happen.

With the situation developing so rapidly, we have created this COVID-19 Resource Center which contains current news and alerts prepared by Tilleke & Gibbins’ attorneys in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam, all of whom are working together to address critical developments and how they affect your business. You can find the latest updates below, along with our articles on these topics as they emerge.

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For any inquiries, please email [email protected]. 

RELATED INSIGHTS​ 

October 2, 2026
On July 24, 2026, a new 12.5% Section 301 tariff took effect on most imports from Thailand into the United States. The tariff was imposed by the Office of the US Trade Representative (USTR) under Section 301 of the Trade Act of 1974, following a finding that Thailand had failed to impose and effectively enforce a prohibition on imports of goods produced with forced labor. The new tariff replaced the temporary 10% Section 122 surcharge that had applied since February 24, 2026, following the US Supreme Court’s invalidation of the prior tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The 12.5% tariff is not the only potential source of additional US duties on Thai-origin goods. Thailand is also subject to a separate Section 301 investigation concerning structural excess manufacturing capacity, which could result in additional duties. Unlike the Section 122 surcharge, which was capped at 15% and limited to 150 days, Section 301 provides a more flexible framework for imposing and maintaining trade measures. Section 301 actions are generally subject to a four-year termination rule but may continue following a review if continuation is requested. The new tariff therefore represents a potentially longer-term change in the tariff treatment of Thai-origin goods entering the US market. This article explains the legal and policy developments that led to the new tariff, how the Section 301 tariff differs from the tariff regimes that preceded it, Thailand’s response and ongoing negotiations with the United States, and the practical implications for businesses that manufacture, export, import, or distribute goods between Thailand and the United States. From IEEPA to Section 122 to Section 301 IEEPA Era (April 2025–February 2026) Beginning in April 2025, the US administration imposed sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), invoking national emergencies relating to trade
September 30, 2026
On September 23, 2026, the Trade Competition Commission of Thailand (TCCT) launched a one-month public consultation period on a proposed notification that would overhaul how antitrust offenses under the Trade Competition Act B.E. 2560 (2017) are settled and penalized. The draft notification would replace the existing 2019 settlement framework with more detailed procedures, introduce offense-specific methods for fine calculation, and add tiered deterrence multipliers. Comments may be submitted until October 22, 2026. Restructured Settlement Procedures and Timelines The proposed notification formalizes the settlement process with clearer terminology and mandatory procedural steps. Once the TCCT determines that an accused party has committed an offense that does not warrant imprisonment, the commission would fix the settlement fine amount. The accused would have 15 days from receipt of the summons to appear before the TCCT, though this period may be extended if necessary. If the accused confesses, consents to settlement, and pays the fine within the prescribed period, the criminal case would be closed and the settlement recorded. Refusals would also be recorded for further arrangements, and failure to appear, pay, or consent would result in the TCCT forwarding the case file and its recommendation—along with the accused’s fingerprints—to the public prosecutor. Notably, the draft allows accused parties to request settlement even after the TCCT has recommended prosecution but before the public prosecutor files charges, subject to prosecutorial consent. The draft preserves TCCT discretion to decline settlement where the accused has committed more than three prior offenses or where the violation has substantially impaired free and fair competition, directing such cases directly to prosecution. Fine Calculation Frameworks The proposed notification establishes different fine calculation approaches depending on the type of Trade Competition Act violation. For the most serious offenses (such as abusing market dominance, making anticompetitive agreements, or forming hardcore cartels) the
September 30, 2026
On September 15, 2026, Vietnam’s Ministry of Finance (MOF) released for public consultation a draft circular on reporting and information disclosure in the pilot crypto asset market. The draft implements Resolution No. 05/2025/NQ-CP on the Pilot Implementation of the Crypto Asset Market in Vietnam and provides further detail on how licensed crypto asset service providers (“CASPs”) will be supervised once the market becomes operational. The draft indicates a data-intensive supervisory model, with licensed CASPs serving as the first line of market oversight. Public Disclosure Requirements The draft imposes detailed public disclosure requirements on CASPs, aimed primarily at market transparency. CASPs and crypto asset issuers must make disclosures in both Vietnamese and English, retain reported and disclosed information for at least 10 years, and keep information published on their websites accessible for at least five years. For CASPs, disclosure obligations arise both periodically and when specific events occur. A CASP must announce any crypto asset to be admitted to trading on its website at least seven days before trading begins and publish periodic financial statements. Certain extraordinary events and information requested by the MOF must generally be disclosed within 24 hours. CASPs must also provide ongoing market information. During trading hours, they must publish key trading data, including prices and volumes, daily highs and lows, average prices, the three best bid and offer levels, and transactions by foreign investors. By 9:00 a.m. each trading day, they must publish specified information on the previous day’s trading activity. Regulatory Reporting Requirements Separate from public disclosure, the draft requires CASPs to provide regulators with detailed information enabling ongoing supervision of their operations and the market. For market activity, CASPs must report decisions to admit or remove a crypto asset from trading within 24 hours, submit previous-day trading data to the State Securities Commission
September 30, 2026
Packaging is a valuable commercial asset that helps consumers identify and distinguish products through their shape, colors, graphics, labels, and overall presentation. Obtaining legal protections for these assets is thus an important step. Businesses entering into or operating in the Myanmar market should assess whether trademark protection, industrial design protection, or both provide the strongest IP strategy for these features. The country’s Intellectual Property Department (IPD) under the Ministry of Commerce now administers trademark and industrial design registrations since Myanmar’s modernization of its intellectual property framework through the enactment of four key IP laws in 2019. Trademark Protection for Packaging Under the Trademark Law 2019, a “mark” is any visually perceptible sign, including words, names, letters, numerals, figurative elements, color combinations, or combinations of these signs, capable of distinguishing one undertaking’s goods or services from another’s. Trademark protection may therefore extend to certain elements of product packaging that function as source identifiers. Depending on their presentation and distinctiveness, packaging elements such as brand names, logos, labels, configurations, color combinations, and three-dimensional (3D) shapes may qualify for trademark protection. However, under the current practice of the IPD and its available examination guidelines, the packaging and  trade dress (including product get-up) are not expressly recognized as separate registrable subject matter in Myanmar. Under the Trademark Law 2019, trademark infringement—including unauthorized use of a registered mark on packaging—may give rise to civil remedies, including injunctions and damages, as well as criminal penalties. A 3D mark may protect packaging shape or configuration if it has acquired distinctiveness through use and consumers associate it with the relevant products. However, a shape dictated by a functional or technical purpose is ineligible for registration. Registration of a 3D mark may be renewed indefinitely for successive ten-year periods, subject to compliance with renewal requirements. Industrial Design Protection