Updates
Thailand: Draft Climate Change Act
- DFDL Thailand
The draft Climate Change Act (“Draft Act“), proposed by the Department of Climate Change and Environment (“DCCA“) under the Ministry of Natural Resources and Environment, is currently in the legislative process. The Draft Act introduces 3 primary issues including carbon tax system, carbon credit business, greenhouse gas emissions trading system.
Vietnam: Abolishment of notification obligations concerning promotional activities under certain forms
- Dentons Luat Viet
On October 10th, 2024, the Government issued Decree No. 128/2024/ND-CP for amending, supplementing several provisions of Decree No. 81/2018/ND-CP dated May 22nd, 2018 that provided detailed guidelines on the Commercial Law regarding commercial promotional activities.
Thailand: First Administrative Fine for PDPA Violation
- DFDL Thailand
The Office of the Personal Data Protection Committee has issued an order on 31 July 2024 requiring a private e-commerce company to strictly comply with the Personal Data Protection Act B.E. 2562 (2019) (PDPA) and order the first administrative fine for the amount up to 7 million Baht for non-compliance with the PDPA.
Thailand: Significant Fine on Soil Pollution
- DFDL Thailand
An investigation has been conducted by the Pollution Control Department against a Company which revealed that surface water around the company’s facility has high levels of acidity and lead contamination, with the quality of underground water in 12 locations was below standard and a watercourse in a nearby rubber plantation was found to contain a high level of acidity. As a result, the PCD filed a lawsuit against the company to pay a fine based on the following offences under Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992) (“ECA”):
Vietnam: Decree 135, Encouraging the Development of Self-produced and Self-consumed Rooftop Solar Power
- Global Vietnam Lawyers
On October 22, 2024, the Government issued Decree 135/2024/ND-CP regulating the mechanism and policies to encourage the development of self-produced and self-consumed rooftop solar power.
Cambodia: New Transfer Pricing Prakas Explained
- DFDL Cambodia
Prakas 574 “On the Rules and Procedures for Income and Expense Allocation among Related Parties” (Transfer Pricing) was issued by the Ministry of Economy and Finance on the 19 September 2024 and comes into effect on 1 January 2025.
Cambodia: Real Estate Tax Incentives Clarified and Extended
- DFDL Cambodia
Notification 014 MEF.N on the continuance and extension of tax incentives for the real estate sector was issued by the Cambodian Ministry of Economy and Finance on the 9th of October 2024.
Myanmar: New Patent Service Fees in Myanmar
- DFDL Myanmar
On 29 July 2024, the Ministry of Commerce released a detailed notification that included a comprehensive list of patent and utility model application forms. Following this, on 22 October 2024, the Intellectual Property Agency under the MOC issued Notification No. 2/2024, which outlines the service fees associated with patent and utility model registration as well as patent agent registration.
Vietnam: New proposals to amend Customs regulations
- PwC Legal Vietnam
On 24 October, the General Department of Customs issued official letter 5162/TCHQ-GSQL setting out various proposed changes to the Vietnam Customs regime. The draft circular is open for feedback until 8 November.
Vietnam: Decree 135 on Rooftop Solar Power Development for Self-Production and Self-Consumption
- Indochine Counsel
On 22 October 2024, the Government issued Decree No. 135/2024/ND-CP (“Decree 135”), which took immediate effect. This Decree introduces a legal framework and sets forth clearer procedures, including guidance for legal administration, aimed at facilitating the development of rooftop solar power (“RSP”) for self-production and self-consumption.
Vietnam: Analysis of the Feasibility of Implementing Article 31 of the Law on the Capital to Develop Real Estate Related to Urban Railways
- LNT & Partners
Article 31 of the Law on the Capital stipulates the planning and development of urban transportation infrastructure, emphasizing the crucial role of the urban railway system in forming synchronized development areas. The goal is to develop Hanoi in a modern, sustainable direction with the capability of connecting different areas within the city conveniently and efficiently.
Vietnam: Transfer Of Real Estate Project
- LNT & Partners
Started from 1st August 2024, a transfer of a real estate project is governed by the LoERB 2023 and its guidelines. The new legal framework establishes a legal process applicable to a transfer of partial or an entire real estate project from a developer to another developer. The legal update summarizes few key points of the said legal frameworks which developers should be aware of when engaging in project transfers under the updated legal framework.
Vietnam: Breaking News - Vietnam Unveils Draft Personal Data Protection Law
- Indochine Counsel
Amid on-going discussion on Decree No. 13/2023/ND-CP on Personal Data Protection which has been in effect over a year, the Ministry of Public Security recently released a draft Law on Personal Data Protection on 24 September 2024 for public consultation.
Vietnam: Open API Draft Circular Released by State Bank of Vietnam
- Indochine Counsel
To complete the legal framework for Open API, on 23 July 2024, the State Bank of Vietnam (“SBV”) published the draft circular regulating the implementation of Open API in the banking industry.
Vietnam: Bidding to select investors to implement land use projects - Decree 115/2024/ND-CP
- Global Vietnam Lawyers
On September 16, 2024, the Government issued Decree 115/2024/ND-CP detailing a number of articles and measures to implement the Law on Bidding on selecting investors to implement land using projects
Protecting Children's Personal Data In Cyberspace: Common Issues In The EU’S and Vietnam's Approaches
- Lexcomm Vietnam LLC
This article will highlight the common issues that the EU and Vietnam encounter when the regulations are implemented in practice, namely issues of ambiguous privacy policies, and age and parental consent verification. The paper is structured as follows: Section 2 reviews the regulations of the EU and Vietnam respectively, Section 3 analyses the common issues in both jurisdictions’ approaches, then Section 4 concludes.
Vietnam: Highlights on Investment Climate in Vietnam
- Lexcomm Vietnam LLC
This presentation summary provides an overview of key considerations regarding investment into Vietnam including the labour market, infrastructure, access to finance, and investment incentives.
Cambodia: Increase in Minimum Wage for 2025 for the Garments, Textiles, Footwear, Travel Products and Bags Sectors
- DFDL Cambodia
On 20 September 2024, the Ministry of Labour and Vocational Training issued Prakas 211/24 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear, Travel Product and Bag Sectors, to set a new minimum wage for 2025, which will be effective from 1 January 2025.
Cambodia: Rules Pertaining to E-Commerce Clarified for Banks
- DFDL Cambodia
Letter No 29613 issued by the General Department of Taxation in August 2024 to the Associations of Banks and Microfinance in Cambodia clarifying the application of the E-Commerce reverse charge obligation has finally put to rest what has been a long-standing contested issue between the private sector and the tax authority.
Vietnam: Potential Upgrade of Legal Framework on Personal Data Protection
- DFDL Vietnam
After much speculation and planning by the Government, the Draft Law on Personal Data Protection in Vietnam was officially published for public consultation on 24 September 2024.
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