ILAWASIA CO.,LTD.

IN BRIEF Developers or breeders who invest in the plant variety development process should be legally protected.

IN BRIEF The Ministry of Energy has announced a new 25th bid-round of applications for petroleum exploration and production rights,

IN BRIEF On January 8, 2025, the Minister of Finance proposed the Emergency Decree on Top-up Tax, B.E. 2567 (2024) (“Top-up Tax Decree”) to Parliament for consideration and affirmation of the Cabinet’s approval.

IN BRIEF Since 2019, the COVID-19 pandemic has drastically reshaped traditional retail, pushing consumers toward online platforms during global lockdowns and fueling an E-commerce boom.

IN BRIEF Myanmar’s Copyright Law 2019 was enacted on May 24, 2019 and the Ministry of Commerce issued the Copyright Rules with the Notification No. 70/2023, dated October 23, 2023.

In today’s digital era, Data Centers are the backbone of our technology-driven world.

A. Legislation: In 2021, the Ministry of Technology and Communication has issued the Ministerial Decision on experimenting with digital asset transactions No. 888.MTC, dated November 9, 2021. To defines the types, regulations and measures regarding the trial of digital asset transactions in the Lao PDR to be safe, reliable and effective, aiming to protect the rights and legitimate interests of the transaction operators and service users to contribute to the economic and social development of the nation.1 After that, the Bank of Lao PDR (BOL) has issued the Ministerial Decision on the trial operation of Crypto currency Trading Platform No. 777.BOL, date December 15, 2021; to defines the principles, regulations and measures regarding the operation of crypto currency trading during the trial period in order to make the management, risk management and operation of crypto currency trading stable, safe, reliable and effective, aiming to protect the rights and legitimate interests of service users and contribute to the development of the financial and monetary institution system as well as the economic and social development of the nation. 2 B. Requirements for Operator of Cryptocurrency Trading Platform Must have Lao shareholder(s) to hold at least 51% of the total share;3 The register capital is at least 10.000.000 USD (TEN MILLION US DOLLARS)4 Must be a company registered as an enterprise in the Lao PDR to exclusively operate shopping centre business Cryptocurrency only;5 Must have at least one manager who holds Lao nationality and has a passport in Lao PDR;6 Must be in a cooperation and connection system with commercial banks under the management of the Bank of the Lao PDR7 C. Required Supporting Documents Feasibility study and its timeframe8 Security system9 Business Impact Analysis (BIA), Business Community Management (BCM), Business Community Planning (BCP), and Complexity 10 Internal Control System11 Anti Money Laundry Policy12 D. Requirements of Digital Asset Businesses13 For cryptocurrency mining activities: Royalty fee for permission to conduct cryptocurrency mining transactions is collected once in the amount of 500,000 US dollars (five hundred thousand US dollars) per license; Cryptocurrency mining enterprises must pay a tax based on the size of electricity supply: every 10 (ten) megawatts must pay 1,000,000 US dollars (One Million US dollars), which means that every 1 (one) megawatt in the contract must pay 100,000 US dollars (One Hundred Thousand US dollars), by giving it to the state budget in instalments (4 (four) instalments per year). Delivery of each instalment shall be no later than the 20th day of the first month of the next instalment. Starting from the 3rd year onwards, there must be a review of the payment of taxes in the form of assigning a new contractor Exemption from importation of electronic equipment used in cryptocurrency mining. For cryptocurrency transactions: One-time fee for the license to operate the cryptocurrency trading center is 1,000,000 US dollars (one million US Dollars) per license; Crypto currency buying and selling service enterprises (centers) must pay a Lump-Sum tax at the rate of 15% (fifteen percent) of the fees that the service center collects from buyers and sellers at the time of buying and selling each time by giving it to the state budget in installments (4 (four) installments per year). Delivery of each installment not later than the 20th day of the first month of the next installment. 3. The obligations above are defined as principles for business operators to implement. In addition to the above, business operators and those with income must comply with relevant laws and regulations. E. Application Process, Time frame and Government Fees i. Application Process: According to Article 11 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, dated December 15, 2021: Step 1. The Bank of the Lao PDR must consider the application for Crypto currency Trading Platform Business and give an answer in principle within 30 days from the date of receipt of complete and accurate document. Step 2. After receiving the letter of approval in principle, those who intend to apply for a cryptocurrency trading center must fulfill the following conditions: Pay one million US dollars in Royalty fees to the Ministry of Finance; Pay up fully registered capital; Have operation office and equipment to serve the appropriate business operations; Have an operating system and an information technology system that can meet the operation of the cryptocurrency trading center and obtain a technical standard certificate for the trading system. Compose standard staffs in sufficient numbers Meet other conditions as determined by the Bank of the Lao PDR. Step 3: The Bank of Lao PDR will issue a business license to those who intend to apply for a license to Crypto currency business, have fully fulfilled the conditions set forth in Step 2 and such applicant must be active in business within thirty days from the date of receiving the business license. In the case of those who intend to operate a cryptocurrency trading center, if they cannot fulfill the conditions as defined in Step 2 with sufficient reasons, the Bank of Lao PDR may extend the time to fulfill the conditions to 45 days. If not, the officer will issue the rejection of the application. ii. Time frame Approximately 60-90 Days, including the preparation of applications and supporting documents and approval process. iii. Government Fees14 Application Fee:20,000,000 LAK (Twenty Million Lao Kip) (approximately 920 USD) per one application on the date of submission the application; License Fee: 5,000,000 LAK (Five Million Lao Kip) (approximately 240 USD) per one license and it must be paid on the date of receiving the License. Operation Annual fee: 0.1% of the total revenue. F. Conclusion The regulatory framework for cryptocurrency businesses in Laos, as outlined in this article, reflects the Lao PDR's commitment to fostering a secure and efficient digital asset environment. With clear requirements for operators, robust taxation measures, and government oversight, the country has established a foundational structure to attract investment while ensuring compliance and stability in this emerging sector. For businesses seeking to navigate these complex regulations, ILAW LAOS offers unparalleled expertise and guidance. As a prominent legal entity, ILAW LAOS has built a strong reputation for its comprehensive understanding of local and regional laws. The firm's team of experienced professionals is adept at assisting clients in meeting regulatory requirements, securing necessary approvals, and mitigating risks associated with this dynamic market. AUTHOR Tanadee Pantumkomon, Partner; and Viphavanh Syharath, Associate. 1Article 1 of Ministerial Decision on experimenting with digital asset transactions No. 888.MTC, dated November 9, 2021. 2Article 1 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 2Article 8 (No.3) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 4Article 10 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 5Article 8 (No. 1) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 6Article 8 (No. 4) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 7Article 8 (No. 6) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 8Article 9 (No. 9.4; 9.5;) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 9Article 9 (No. 9.6) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 10Article 9 (No. 9.7) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 11Article 9 (No. 9.8) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 12Article 9 (No. 9.11) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021. 13Article 10 of Ministerial Decision on experimenting with digital asset transactions No. 888.MTC, dated November 9, 2021 14Article 14 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

Introduction Following the Royal Government’s decision in the Special Statement on “One Year Achievement of the 7th Legislature” on August 22, 2024,

According to Thailand's National Statistical Office, the country officially entered the status of an "aged society" in 2024.

Since 9 June 2022, cannabis and hemp are no longer classified as narcotics under the Narcotics Code,

On 17 September 2024, the General Department of Taxation, under the Ministry of Economy and Finance, issued an instruction on the procedure for business dissolution permanently.

Overview: Article 4 of the Law on Minimum Wage, enacted on July 6, 2018, states that the minimum wage is determined by a PraKas from the Minister of Labor.

Overview: The Cambodian Labor Law, enacted on March 13, 1997, and amended in 2007, 2018, and 2021,

Since Thailand joined the Madrid Protocol in 2017, the process for international trademark registrations (IR) has become more streamlined.

Recent developments in Thailand’s tax laws signal a shift in how foreign income will be taxed for individuals residing in the country.

In Brief On 5 September 2024, the Ministry of Land Management, Urban Planning, and Construction (MLMUPC) officially launched its new suite of digital public services,

Overview: On August 27, 2024, the Royal Government of Cambodia issued Sub-Decree No. 194 ANKr.BK, establishing the National Committee on Trade Remedy.

REGULATION AND OBJECTIVES OF SPECIAL TAX AUDIT UNIT On July 16, 2024, the Cambodian Prime Minister signed into law Sub-Decree No. 160 ANKr.BK, establishing a special tax audit unit under the supervision of the General Department of Taxation (GDT) within the Ministry of Economy and Finance.

On 23rd July 2024, the Ministry of Information issued the Prakas No. 084 PrK.Info, in order to determine the forms, procedures, and measures to govern the commercial advertisement of alcoholic products.

On 1st June 2024, the State Administration Council (SAC) issued the notification no. 106/2024, setting the effective date for Myanmar’s Patent Law 2019,

On 9th March 2023, the Ministry of Commerce (MOC), Intellectual Property Department held the discussion concerning with enforcement of Trademark Law.

According to the Section 462, Sub-section (a) (ii) of the Myanmar Companies Law, DICA announced a directive no.7/2023 on 17 January 2023, stating that nominee directors and nominee shareholders will not be allowed.

On January 12, 2023, the Myanmar Intellectual Property Department issued an announcement stating that the Trademark Law 2019, is planned to come into force in March 2023.

On 24 January 2022, Cabinet has approved Draft Ministerial Regulations in relation to the exemption of official surcharge fee of trademark and patent which the owner/holder will have to pay additional charges in case the trademark registration is not renewed and patent annual fee is not paid within the time stipulated by law. This aims to reduce the burden and to relieve the suffering economic effect caused by COVID-19.

The New Trademark Application under the old Registration System is still accepting Currently, the Registration of Deeds Office is still accepting the filing of new trademarks during the soft opening period under the Old Trademark Registration System. When the new Trademark Law comes into force, accepting the filing of new trademarks will be stopped by issuing the notice from the Ministry of Commerce (MOC).

A. Latest Process On September 29, 2020, the Thai Cabinet approved a draft amendment of the Copyright Act to National which has been reviewed by Council of States and submitted Assembly. The House of Representatives of the National Assembly of Thailand has been accepted the principles of the draft amendment of the Copyright Act at the first reading on January 27, 2021. The proposed of an amendment shall be reviewed within 7 days by Select Committee.

In brief On February 23, 2021, The Department of Intellectual Property (DIP) has announced the notification regarding the criteria of fast track examination for trademark registration application and trademark renewal application. The Notification initiated a new fast-track system for trademark prosecution and continuous, which reduced the timeframe for examination of a trademark application and shortened the issuance of a trademark renewal certificate. The purpose is to lift up service level, and facilitate transaction for the private sector and regular people, as well as contribute positive factors for trademark business.