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INSIGHTS

Insights

Tilleke & Gibbins provides regular updates on 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, or subscribe to receive the latest legal developments straight to your inbox.

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December 4, 2024
Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.

RECENT INSIGHTS

September 28, 2026
Thailand has expanded the mandatory use of the Electronic Government Procurement (e-GP) system to cover submissions of procurement appeals to all government agencies subject to the Public Procurement and Supplies Administrative Act B.E. 2560 (2017) (Government Procurement Act). The expansion, which was set out in an official circular dated September 16, 2026, from the Public Procurement and Supplies Administrative Ruling Committee, takes effect on October 1, 2026. Notable Changes Under the expanded framework, bidders challenging an e-bidding or selective-method procurement result must file their appeal exclusively through e-GP within seven working days of the result being announced by the Comptroller General’s Department. While the system accepts filings around the clock during that window, submissions on the final day must be fully completed by 16:30 according to the e-GP system clock—merely starting a draft or uploading materials before the cutoff does not count as a confirmed submission. Government agencies that disagree with an appeal, in whole or in part, will also report their findings and supporting documents to the Appeals Committee through e-GP using the prescribed Appeal Opinion Report, also within seven working days of receipt. Withdrawals of appeals must likewise follow prescribed e-GP steps that vary depending on whether the matter is still under agency review, has been forwarded to the Appeals Committee, or has already been resolved. Excluded Categories Certain categories of procurement are not subject to the new guidelines on filing appeals electronically. These include: Procurement of supplies for confidential government use. Procurement conducted by government agencies operating overseas where the bidder is a foreign legal entity with no legal representative in Thailand, or where the bidder is a non-Thai national. Consulting service procurement under chapter 7 of the Government Procurement Act Design or construction supervision procurement under chapter 8 of the Government Procurement These exclusions apply
September 28, 2026
On September 15, 2026, the Thai Food and Drug Administration (Thai FDA) opened a public consultation period on the principles of a proposed Ministry of Public Health (MOPH) notification establishing specific Good Manufacturing Practice (GMP) requirements for foods derived from cultured animal cells. The proposal would build on Thailand’s existing safety assessment framework by proposing GMP requirements specifically tailored to the production of cultivated meat. As cultivated meat advances toward commercial production, its unique manufacturing processes present food safety challenges involving aseptic conditions, starting cell quality, culture media, and specialized equipment. Thailand’s Food Act B.E. 2522 (1979) provides the legal basis for regulating food manufacturing, but no GMP requirements specifically tailored to cultivated meat have been issued under it. The proposed framework aims to address this gap. The Thai FDA has not yet released a complete draft notification, so the proposed requirements outlined below may change before adoption. However, they indicate the direction the regulator intends to take, and companies preparing to enter the Thai market can use them now to anticipate their compliance obligations. What Is Cultivated Meat? Cultivated meat, also known as cell-based food or cell-cultured meat (and referred to in the proposed notification as food derived from cultured animal cells), is produced by cultivating animal cells rather than raising and slaughtering animals through conventional meat production. The process generally begins with the selection of animal cells or stem cells, which are cultivated in an appropriate culture medium within a bioreactor to promote cell growth and proliferation. Scaffolding materials or other techniques may subsequently be used to develop cells into tissue or other forms suitable for consumption. Unlike conventional meat production, this process introduces specific food safety considerations relating to starting cells, culture media, production substances, contamination controls, and potential residues in the final product. Thailand’s Safety
September 28, 2026
On July 22, 2026, the government of Vietnam issued Decree No. 292/2026/ND-CP detailing the implementation of the Law on Foreign Trade Management (Decree 292). Decree 292 came into effect on September 5, 2026, replacing Decree No. 69/2018/NND-CP, and introduces several important changes to Vietnam’s foreign trade regime. Of particular relevance is the addition to the list of goods prohibited from importation of “products and goods extracted, produced, or manufactured wholly or partly through forced labor by enterprises, countries, or territories in accordance with relevant international treaties to which the Socialist Republic of Vietnam is a party.” This new prohibition introduces forced-labor considerations into Vietnam’s import compliance framework and may have practical implications for how businesses manage related risks across their operations and supply chains. Implementation of the New Prohibition According to Decree 292, the minister or head of the relevant ministerial-level agency is responsible for publishing the detailed list and corresponding harmonized system (HS) codes for each category of goods prohibited from export or import under its purview. Goods involving forced labor fall under the purview of the Ministry of Home Affairs. However, as of the date of this article, no corresponding list has been published specifying the goods to which the forced-labor prohibition applies, leaving businesses without official guidance on how the prohibition will be applied or enforced in practice. Nevertheless, this absence does not suspend the prohibition’s application. As Decree 292 has already taken effect, goods involving forced labor remain subject to the general legal framework applicable to goods prohibited from importation. In particular, Decree 169/2026/ND-CP provides for administrative penalties for the importation or transportation of prohibited goods into Vietnam. Depending on the nature and circumstances of the violation, criminal liability may also arise under the Criminal Code. In practice, enforcement is likely to depend on the
September 25, 2026
On September 22, 2026, the Trade Competition Commission of Thailand (TCCT) opened a one-month public consultation period on proposed amendments to three key competition regulations, covering (1) the criteria for determining market dominance, (2) the definition of “monopoly” under Thailand’s premerger approval regime, and (3) the definition of a merger that may substantially lessen competition under Thailand’s postmerger notification regime. The public hearing period closes on October 21, 2026. The proposed changes could significantly affect merger filing obligations and the assessment of market dominance under the Trade Competition Act B.E. 2560 (2017) (TCA). The scope of the consultation and the proposed changes are outlined below. Market Dominance Criteria The draft notification on market dominance criteria proposes changes to the tests for both single-firm dominance and collective dominance, which would be measured using concentration ratios, as follows: Single-firm dominance: The proposed changes would lower the market-share threshold from 50% to 33% and the sales-turnover threshold from THB 1 billion to THB 500 million for the preceding year. Collective dominance: The three-firm concentration ratio (CR3) currently being used would be replaced by a two-firm concentration ratio (CR2). Under the new regime, the two largest operators in a relevant market would be considered dominant if their combined market share reached at least 75% in the preceding year. However, any business operator with sales turnover below THB 500 million or a market share below 10% would be excluded from this assessment. In addition to static or numerical thresholds, the proposed notification introduces a dynamic threshold or alternative criteria for assessing dominance in markets that change rapidly, experience short-term fluctuations in demand or supply, or use technology as a platform for conducting business, such as digital markets. Premerger and Postmerger Filing Thresholds Under the TCA, a premerger filing is required if a merger transaction
September 24, 2026
Vietnam is implementing and developing a broad package of regulatory reforms that could reshape how IP, data, digital platforms, and product authenticity are regulated and enforced. Several of the key measures have been led by the Ministry of Public Security in its legislative and administrative capacity, as part of a broader government effort. The core reform package consists of four key legal instruments: proposed amendments to the Criminal Code, a proposed new Data Security Law, a draft Decree on Product Identification, Authentication and Traceability, and the newly enacted Decree No. 330/2026/ND-CP. These instruments include rules on criminal enforcement, data security, electronic identification, product identification and traceability, administrative violations, and cybersecurity sanctions. Combined, these measures will affect copyright enforcement, industrial property rights, trade secrets, AI training data, product provenance, online takedowns, valuation of counterfeit goods and electronic evidence. It is worth noting that, in addition to strengthening criminal penalties for IP crimes, Vietnam’s emerging regulatory framework increasingly treats infringement, data misuse, product authentication, and platform-enabled violations as interconnected regulatory and enforcement challenges. For rights holders and foreign investors, this could mean stronger tools against counterfeiting and online infringement, but also more compliance obligations around data, traceability, AI, platform controls and government-facing reporting. Expansion of Criminal IP Enforcement Proposed amendments to Article 225 of the Criminal Code would expand criminal copyright exposure beyond reproduction and distribution to cover large-scale commercial public performance and online communication of works, phonograms and video recordings. This is important because piracy is increasingly about streaming, unauthorized communication, and platform access models rather than physical copying. Aggravated copyright infringement could be subject to up to 10 years in prison for individuals and fines of up to VND 6 billion (about USD 228,300) for commercial legal entities. The amended Article 226 would expand criminal industrial property liability beyond
September 24, 2026
On September 15, 2026, Thailand’s Office of Insurance Commission (OIC) issued two notifications—one for life insurance and one for non-life insurance—amending the 2020 regulatory framework governing policy issuance and offering, agent and broker conduct, premium collection, and advertising. The amendments take effect on January 1, 2027. Electronic Policy Delivery and OIC Reporting Insurers must now deliver policies electronically by default, with printed copies required only where the policyholder opts out of electronic delivery. For life insurance, this requirement extends to coverage summaries and exclusion documents. Insurers must also electronically submit issued policies to the OIC immediately upon issuance. This is a significant new data-reporting obligation that requires system integration with the OIC’s platform. Risk Management, Sales Conduct, and License Misuse The notifications introduce several amendments and additional requirements in the areas of risk management, sales conduct, and license misuse: Internal risk management must now expressly cover advertising, policy offering, and sales agent information, including market conduct risk and reputational risk. Sales conducted through employees, agents, or brokers are subject to enhanced requirements, including verification of the seller’s identity and authority, disclosure of the purpose of contacting the customer, provision of complete and accurate policy information, customer assistance with application forms, and notification of the expected timing for policy delivery or insurer follow-up. For life insurance, customers must also be informed of their right to cancel the policy. For life insurance specifically, employees, agents, and brokers must submit insurance applications to the insurer at the earliest opportunity, and no later than the next business day. Using another person’s name or license, or allowing another person to use one’s own name or license, for the purpose of offering insurance for sale, listing in sales-related documents, or recording in the insurance policy is now expressly prohibited for both life and non-life insurance.
September 23, 2026
Many multinational companies are familiar with the concept of “time off in lieu” (TOIL), under which employees receive compensatory time off instead of overtime pay for additional hours worked. While TOIL is common in many jurisdictions, employers in Thailand should be cautious, as Thai labor law does not expressly recognize TOIL as a substitute for statutory overtime-related compensation. Under the Labor Protection Act B.E. 2541 (1998) (LPA), employees who work overtime or perform work on holidays are generally entitled to statutory overtime, holiday, or holiday overtime compensation, including: Overtime Pay: 1.5 times the employee’s normal wage rate for work performed beyond normal working hours on a regular working day. Holiday Pay: 1 or 2 times the employee’s normal wage rate for work performed during normal working hours on a holiday, depending on category of employee. Holiday Overtime Pay: 3 times the employee’s normal wage rate for overtime work performed on a holiday. Importantly, the LPA does not contain any provision expressly permitting employers to substitute overtime-related compensation with compensatory leave, as such compensation is treated as a payment obligation rather than additional time off. Why TOIL Can Be Risky in Thailand Thai labor law is protective in nature, and statutory entitlements to overtime, holiday, and holiday overtime pay are generally regarded as minimum employee rights. As a result, these rights cannot be waived, even with the employee’s consent. Therefore, an employer who grants TOIL instead of paying statutory overtime-related compensation may still be exposed to claims for unpaid amounts, notwithstanding that compensatory leave has already been provided. Thai courts have affirmed this principle, holding that employers remain liable for statutory payments for work performed beyond normal working hours even where substitute time off has been granted. Are There Any Exceptions? Certain categories of employees are exempt from overtime-related compensation,
September 23, 2026
Arbitration under Thai law rests on consent. Section 11 of the Arbitration Act B.E. 2545 (2002) requires an arbitration agreement to be in writing and signed by the parties. This may also be satisfied by communications, an unchallenged allegation in pleadings, or incorporation by reference to a document containing an arbitration clause. A non-signatory cannot, as a general rule, be compelled to arbitrate merely because it participated in the transaction, received a benefit, or belongs to the corporate group of a signatory. Thai law nevertheless permits arbitration agreements and awards to affect third parties indirectly in limited circumstances. Under section 24, an arbitration clause is separable from the main contract; the invalidity of the contract does not invalidate the clause. In Supreme Court Judgment No. 3918/2563, an apparent sales contract concealed a construction contract and was void under the Civil and Commercial Code. However, the concealed construction contract and written arbitration clause remained effective. The tribunal had jurisdiction, and its award was enforceable under the Arbitration Act. Under the Arbitration Act, when a claim or liability is validly transferred, the transferee is bound by the related arbitration agreement. This includes assignment, transfer of obligations, legal succession, and subrogation. Depending on the facts and contract and agency law, consent may arise through execution by an authorized agent, ratification, assumption of obligations, or conduct accepting the contract and its arbitration clause. Thai law respects separate corporate personality. The group-of-companies doctrine has no statutory basis under the Arbitration Act, while alter egos or sham allegations require compelling evidence and an identifiable legal basis. Supreme Court Judgment No. 9161/2568 illustrates the procedural treatment of non-signatories. A consultancy contract required LCIA arbitration seated in Dubai. When the employer sued a consultant and his spouse in Thailand concerning a housing loan, the court disposed of