Long-term Resident Visa

On 14 September 2021, the cabinet had approved the economic stimulus and investment promotion packages including 'long-term resident visa' concept which aims to attract four group of overseas applicants. Benefits of the package include automatic work permit for applicants and also visas for their spouses and children; and same rate of income tax as Thai citizens.

The enactment of law on long-term resident visa, will be scheduled during December 2021 to March 2022. We will keep on monitoring the progress and update futher.


Fair Trade Practices Relating to Period of Credit Term in the Case SME Operators are Sellers of Goods or Providers of Services

 In brief
Government has a policy on sustainably reducing gap and creating fairness in business operation for small and medium enterprise (SME) operators, it is then deemed suitable to prescribe standard criteria on credit term for a period of 30 days to 45 days for SME operators as proposed by the National Economic and Social Development Council and the Bank of Thailand.
On 18 June 2021, the Government Gazette website has published the Notice of Trade Competition Commission Re: Guidelines on Consideration of Fair Trade Practices Relating to Period of Credit Term in the Case SME Operators are Sellers of Goods or Providers of Services, dated 24 May 2021, issued under Trade Competition Act, B.E. 2560 (2017).
This Notice shall be enforced after the lapse of 180 days from the day following the date of its publication in the Government Gazette onwards, which is on 15 December 2021.

Nature of SME business
Small and Medium Enterprise (SME) operators means business operators whose natures of business are as follows:

No.

Matters

Details

1. Manufacturing goods Employment:

Not exceeding 200 persons

Income:

Not exceeding 500,000,000 Baht per year

2. Providing of services, wholesale, or retail business Employment:

Not exceeding 100 persons

Income:

Not exceeding 300,000,000 Baht per year

Definition

Terms

Definition

Trade Credit An agreement on granting trade credit between a SME operator who is a seller of goods or services and a buyer of goods or services, including consignment or buying/selling of any other description, and there will be made payment for the goods or services thereafter according to the conditions and the period of time agreed upon in writing.
Credit Term A period of time given by a seller of goods or services to a buyer of goods or services within the period of time agreed upon as evidenced in writing.

The Fixing of Credit Terms
Any business operator who is a trading partner and a small and medium enterprise (SME) operator is subjected to the guidelines on consideration of fair trade practices as follows:

No.

Matters

Details

1. Credit terms a) Trade sector, production sector, and service sector

Not exceeding 45 days, unless already agreed in lesser credit term

b) Trader sector, production sector, and service sector, especially those concerning agricultural produces or initial processed agricultural products

Not exceeding 30 days, unless already agreed in lesser credit term

2. Counting of Credit Terms a) Regularly

Counted from the date of delivery of goods or the providing of services according to the quantity, category, quality/standard of the goods or services duly agreed upon and the documents thereof have been handed over correctly and completely

b) In the case of consignment

Counted as from the date of sale of goods in full quantity or at the rate agreed upon according to normal trade practices.

3. Payment of Trade Credit a) Any business operator (trading partner)

Must be shown clear steps of payment according to normal trade practices.

b) SME Operator

Must present documentary evidences of labour employment; or documents showing incomes to confirm its status as a SME operator to any business operator who is its trading partner for information

Unfair Trade Practices
Any acts involving the granting of credit term which may be described as unfair trade practices are:

No

Detail

1. Delaying payment of goods or services exceeding the specified credit term without reasonable grounds therefor.
2. Change of credit term or other conditions under the contract without reasonable grounds therefor, or no prior notice is given at least 60 days in advance.
3. Other acts which are unfair enforcements by any business operator who is a trading partner of a small and medium enterprise operator, such as, setting special conditions concerning the granting of trade credit which may cause a burden to the contractual party unnecessarily, etc

Yours sincerely,

Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Nannapas Phatcharakeatkanok
Associate
Nannapas.P@ilawasia.com
ILAWASIA Co., Ltd.

Chananya Yongmunkongkul
Associate
Chananya.Y@ilawasia.com
ILAWASIA Co., Ltd.


Lease Business License in Laos

In brief
On 30 July 2021, the Lao Official Gazette website has published the Decree on Lease Business No. 417/GOV Dated 2 July 2021. The main reason of this issuance is to ensure that the lease business in Laos will be operated in accordance with the law, it is also aimed at accessing sources of capital and facilitating business operation, contributing to economic and social development.
This Decree sets out that both Lao investors or foreign investors, whether in form of individuals or legal entities who wish to operate the lease business must apply for an Enterprise Registration Certificate at Ministry of Industry and Commerce (MOIC); then apply for Lease Business License at Bank of Laos (BOL), this business shall be operated under the name of “Leasing Company” but not allowed to operate in the form of the Sole Limited Company.
The capital for the lease business is 5 Billion Kip or over (approximately 522,100 USD), the capital can be in cash or in kind, but the capital in kind must not more than 10% of the registered capital. Moreover, this Decree does not set out the minimum of shares for foreign investors and it might set out in the relevant laws and regulations.

Documentation
The documents must be in the Lao language, if the documents are in English, they must be translated and certified by a Notary Public. The documentation to be prepared for filing the License are as follows:

No. Details
1. A completed of Application for Lease business License from Bank of Laos (BOL)
2. Enterprise Registration Certificate
3. Feasibility Study
4. A copy of the Enterprise Registration Certificate from the shareholders (if the shareholders are a legal entity)
5. Financial certificate, Deposit bank account from the shareholders
6. Agreement on Establishment of Leasing Business
7. Meeting Resolution for Establishment of Leasing Business
8. Regulations for Leasing Company
9. List of Shareholders and the description of their equity participation
10. Proof of source of the registered capital, in case if the investor is individual, 2 years Financial Statement Report from the external audit company
11. Letter of Consent that authorized the Bank of Laos (BOL) to check the source of registered capital
12. Proof of Residence, Criminal Record, Curriculum Vitae (CV), a copy of Identification Card or Household Registration book of the majority Lao Shareholders; if the majority shareholders are foreigner, a copy of the passport is required
13. Proof of Education and Proof of Experience in Financial area, Banking or another relevant fields; and the Curriculum Vitae of Directors
14. If the representative of the legal entity is Laos, the appointment letter for the representative of the shareholders is required, and if the representative legal entity is a foreigner, a copy of the passport is required
15. Letter of Guarantee from the relevant authorities of the investor’s country which can be proof that the foreign individual and legal entity are allowed to invest in Lease Business in Laos
16. Proof and Map of project location or site where the company will be located and that must be approved by the Chief of Village
17. Power of Attorney (if the representative of the business owner is not available to process the registration)

Durations and Procedures

Procedure #1 Procedure #2
After receiving the documents -mentioned above, officer of the Bank of Laos will take 15 working days to consider and check the accuracy of the application After that, officer of the Bank of Laos will take 45 working days to issue the License
Conditions Conditions
- The capital must be enough to invest and the source of capital must be clear and in accordance with this Decree
- The description of the Feasibility Study must be complete, appropriate and actionable
- The Directors must have an education background and experience in Financial, Banking, or another relevant fields
- The shareholders have never been convicted of intentional criminal mischief
- The registered capital has been paid completely
- Employ the appropriate number of employees
- The materials and location must be provided to ensure the facilities of business operation
- The internal operating system that’s included the inspection and management system must be fully prepared.

If the applicant does not meet any conditions mentioned above but the applicant informs the Bank of Laos with the appropriate reason, the officer will extend 45 working days to consider the application. After 45 working days of extension, if the applicant still not meets the conditions, the Bank of Laos will issue the rejection letter accordingly.

Yours sincerely,

Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Viphavanh Syharath
Associate
Viphavanh.S@ilawasia.com
ILAWASIA Co., Ltd.


Lao E-commerce Business License

In brief
On 12 April 2021, the Lao Government has issued the Decree on E-Commerce No. 1296/GOV. The main reason of this issuance is to uplift the safety of the E-commerce transaction as a reliable activity; and to allow foreign individual or legal entity to operate E-commerce business in Laos, the foreign investor is able to hold the share maximum 90 per cent of shares, with the capital of ten billion Kip or over.
Currently, The Ministry of Industry and Commerce (MOIC) is now working for the registration on this issue, they are now setting up the regulation and fees.
Moreover, the investor who process E-commerce business before this Decree has issued, they shall get the notification at the MOIC within 90 days.

Documentation
Required documents for filing the E-Commerce Business License are as follows:
1. E-Commerce Registration Application from Ministry of Industry and Commerce (which is not available yet);
2. A copy of Enterprise Registration Certificate;
3. Business plan;
4. Technical Standards of Electronic Channel Certificate (at Ministry of Technology and Communication);
5. Electronic Payment Service Provider License (at Bank of Lao PDR).

Duration
Ministry of Industry and Commerce shall consider and issue the license for E-commerce business registration certificate within 5 working days after receiving the application. However, the E-commerce Business Registration system is not available yet.
In this regard, a copy of Enterprise Registration Certificate and Business Plan are required in obtaining this license, as stated on Decree.

Yours sincerely,
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Viphavanh Syharath
Associate
Viphavanh.S@ilawasia.com
ILAWASIA Co., Ltd.

Vanisha Chaidee
Associate
Viphavanh.S@ilawasia.com
ILAWASIA Co., Ltd.


The Temporarily Closure of the Department of Intellectual Property (DIP) and the availability of service during the pandemic

In Brief
Due to high numbers of COVID-19 infection in Bangkok and other 12 provinces that mentioned in an Emergency Decree in relation to recent wide spread of COVID-19 cases around Thailand, the extreme measure of remote working from home or residences has implemented and started on 20th July 2021 until 3rd August (or further revised notice) in order to decrease the spread and infection by public affairs.
Recently, The Department of Intellectual Property (DIP) has issued Notification of Department of Intellectual Property (DIP) Re: Availability of Service undertaken by DIP during COVID-19 pandemic, dated 20th July 2021, to inform on adaptation of the extreme implementation of remote working from the distance; to decrease possibility of infection among peoples through the transportation away; to temporarily close physical receiving office; and to set temporary shifted-staff to proceed the advanced appointments. In this regard, DIP informed available channels during this period as follows:

Method Details of Service
1. Online Channel 1. Electronic filing
2. Electronic payment of the official fee
3. E-certificate issuance (only patent and petty patent)
2. Postal Box -

Extension of Patent Application
The Department of Intellectual Property (DIP) has issued Notification of the Department of Intellectual Property (DIP) Re: Extension of Document Submission and Additional Revision of Application for Patent and Petty Patent Filing during COVID-19 pandemic dated 12th July 2021 to prevent and decrease the infection risk of COVID-19 by public affair and to relieve the inconvenience of applicants. In this regard, DIP informed the extension period for patents and petty patents which deadlines have already met their due, as follows:

Matters Details
1. Office Action of patents Between 12 July 2021 and 31 August 2021 will be treated as ending on 31 August 2021.
2. Extension Responses to these office actions can be filed from 1 to 30 September 2021.

Other Exception
The Department of Intellectual Property (DIP) has also set measure to extend period and process for trademark renewal, revise application, submit additional documents, etc. specially for applicant by proceed under Notification of Department of Intellectual Property (DIP) Re: Extension of period and process along with the law and regulation that undertook by DIP during COVID-19 pandemic, dated 24th March 2020.

Matters Details
1. Preparation of Form Prepare application form for extension submission. The form can be accessed by the mentioned notification.
2. Evidences Enclose evidences showing the effect you had from COVID-19, i.e., Hospital Admission Documentation, or Home Isolation Order by Hospital Documentation.
3. Submission of Place File the application form for extension of the period to DIP or Provincial Commerce Office within 15 days as of the last day as date effected from COVID-19.
4. Further Action File the application of various trademark matters within 30 days from the approval date by officers.

Yours sincerely,

Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Nattaya Mahakunakorn
Senior Associate
Nattaya.M@ilawasia.com
ILAWASIA Co., Ltd.

Patthariya Sirinunthaphapakorn
Associate
Patthariya.S@ilawasia.com
ILAWASIA Co., Ltd.


Thailand's Top 50 IP Experts 2021 revealed

As the founder of ILAWASIA, Mr. Somphob has led the firm’s accelerated growth in the field of IP, litigation, and trademark prosecution, he has been consistently recognized as a prominent legal professional, and business-savvy advisor in intellectual property law.

More than his outstanding knowledge, Mr. Somphob is praised for his services not only of the legal aspects but also of the upcoming business trends which are likely to impact the client’s transaction.

Currently, ILAWASIA has affiliated companies which are continuously operating the legal services in Greater Mekong Sub-region countries for many years, such as Cambodia and Myanmar, and is known as Intellectual Property Consulting Firm. At the moment, we are certified as the Intellectual Property Agency officially by the Intellectual Property Department of Laos.

For more details, please visit at https://bit.ly/2TcWhoD


Recent Updates on Myanmar Trademark Registration

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).
Please be notified that the filing of the new trademark system is slightly changed with the previous filing system. But the timeframe of filing is two weeks as previously.
Firstly, the application must be submitted from 2 pm to 4 pm during the working days. Secondly, officer will inform the applicant of the trademark about the filing date via phone and at that stage; trademark registration process will start. Thirdly, the certificate of the Declaration of Ownership of Trademark will be issued from the Registration of Deeds Office after two weeks from the filing date.

Re-filing Registered Trademarks under the New Trademark Law 2019
The re-filing of old trademarks registration during the Soft Opening Period is still effective before the Trademark Law comes into force.
The Ministry of Commerce, Intellectual Property Department held the meeting about the presentation on the official filing fees and clarified the ongoing work plans of the department in Nay Pyi Taw on 24th May 2021. The Ministry of Commerce may announce related to the official filing fees and POA when the Law effect.
Union Minister of the Ministry of Commerce informs that the Head Office of the IP Department may be in Nay Pyi Taw and the branches may be in Yangon and Mandalay.

Yours sincerely,
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Htar Su May
Paralegal
Htar@ilawasia.com
ILAWASIA Co., Ltd.

Patthariya Sirinunthaphapakorn
Associate
Patthariya.S@ilawasia.com
ILAWASIA Co., Ltd.

Nattaya Mahakunakorn

Associate

Nattaya.M@ilawasia.com
ILAWASIA Co.,Ltd.


Digest on New Cambodian Tax and Corporate Laws

Taxation
“Notification No. 8716 GDT, dated 18 May 2021, on the Date of Submitting U.S. Reportable Accounts for the Calendar Year 2020 of the Banks, Insurers and Financial Institutions”
Based on this Notification, the Cambodian General Department of Taxation requires all commercial banks, insurance enterprises and financial institutions, who fall under the reporting obligations of the agreement entered into between the Royal Government of Cambodia and the United States, to better international tax compliance, as well as to comply with the Foreign Account Tax Compliance Act (FATCA) of the United States of America, all banks, insurance enterprise and financial institutions are required to submit U.S. reportable accounts for the calendar year 2020 to the U.S. Internal Revenue Service-IRS through the General Department of Taxation within 30 July 2021. Additionally, the report shall follow IRS’s standard.
Failure to report, banks, insurance enterprises and financial institutions will risk being penalized by FATCA, agreement entered into between Cambodia and the United States, as well as this Notification.

Corporate and Commercial
❶ “Notification No. 1143 of 26 May 2021, issued by the Ministry of Commerce, on the Issuance of E-Commerce Permit or License”
Cambodian Ministry of Commerce, on 26 May 2021, issued a Notification requiring all individuals and legal entities, including foreign entities, doing business in e-commerce spheres to apply for e-commerce permits and licenses with the Department of Commercial Registration of the General Department of Commercial Services of the Ministry of Commerce.
E-Commerce license and permit is regulated by the Department of Commercial Registration, General Department of Commercial Services. Application could be done through website: www.ecommercelicensing.moc.gov.kh. Any individual or legal entity doing business in e-commerce without permit or license will be financially penalized based on the relevant regulation.

❷ “Ministerial Prakas No. 316, dated 12 May 2021, on Financial Penalties under the Supervision of the Ministry of Commerce”
On 12 May 2021, the Ministry of Economy and Finance and the Ministry of Commerce jointly issued an Inter-Ministerial Prakas, regarding the financial penalties under the supervision of the Ministry of Commerce. The financial penalties are imposed based the Law on Commercial Rules and Commercial Registers, Law on Trade Marks, Trade Names and Acts of Unfair Competition, Law on Commercial Enterprises and Law on 
E-Commerce and other regulations being in force in the Kingdom of Cambodia.
The amount of penalties are as the following:

Description of Breach Amount of 
Financial Penalty (in Khmer Riels) Amount of Financial Penalty (in US Dollars) *
Failure to register in any amendment at the Ministry of Commerce 1,000,000 247
Failure to file annual declaration of commercial enterprise 2,000,000 494
Providing false information and faking other required documents to register company 1,000,000 247
Operating e-commerce business without license or permit 10,000,000 2,468
Providing false information on the report, minutes or other documents of the company which need to be filed with the Ministry of Commerce 2,000,000 494
Failure to submit copy of financial report to be filed with the Ministry of Commerce 2,000,000 494
More than 6-month late application to re-register mark 200,000 50

Should you have any further inquiries or require any assistance, please let us know.
Yours sincerely,
Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Vicheka Lay
Partner
Vicheka.Lay@ilawasia.com
ILAWASIA Co., Ltd.

Huyching Cheang
Associate
Huyching.C@ilawasia.com
ILAWASIA Co., Ltd.


LEGAL 500: FIRMS IN THE SPOTLIGHT

ILAWASIA is prouded to be named as one of the FIRMS IN THE SPOTLIGHT for Myanmar, Cambodia and Laos in the Legal 500.

🏆 Myanmar : ILAW MYANMAR CO., LTD.
🏆 Cambodia : I.L ASIA CO., LTD.
🏆 Laos : ILAW LAOS CO., LTD.

For 33 years, The Legal 500 has been analysing the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market.

Find more information on this link https://bit.ly/3tVpbWx


Myanmar imposed a ban on products not allowed to import through the border areas

In Brief
Myanmar has imposed a ban on the products from other countries, including Thailand through the border areas. The announcement of Customs Department, Ministry of Planning and Finance and Industry (No.1-TaKa (OSS)/2021(3)) issued on 19 April 2021, and the Announcement of Trade Department, Ministry of Commerce (No.2020-2021 (0607) issued on 18 April 2021, and other relevant announcements of Trade Department have been issued to impose four kinds of products that are prohibited to import to Myanmar, comprising of:

1) All kind of soft drinks;
2) All types of coffee mix and tea mix;
3) instant coffee; and
4) Sweetened condensed milk/raw milk.

This regulation will be effective on May 1, 2021 and enforced to the importation through Thai-Myanmar border checkpoints, including 1) Myawaddy; 2) Tachileik; and 3) Kawthaung. However, importation by seaborne routes and by air are still allowed, but there may be increasing of the relevant costs.

Exceptional
There is exceptional condition in case that you import the products by sea instead of land importation. The following list of import documentations have to be prepared to present at the customs checkpoint:

No. Documents
1. Proforma Invoice
2. Packing List
3. Sale Contract
4. DO/BL
5. Import License/Import Permit
6. Other necessary documents

Our opinions
The Announcements have been issued and administrated under the Military Council. Therefore, it is believed that these Announcements are linked to the political crisis in Myanmar. Most Myanmar people started to boycott the purchase of goods from junta-linked companies that seized power on February 1, 2021 to overthrow the Civilian Government.

Although importation by sea is allowed, Burmese and foreign Traders estimate that the closure of seaborne routes would make difficulties to importation and destabilize the food market.
As the case maybe, the military council’s restrictions on border trade have led to a return to the black market; some border traders also said that corruption could occur. Presently, Chinese products are not used in the country that supports the coup government. Campaigns are underway not to buy.

Should you have any further inquiries or require any assistance, please let us know.
Yours sincerely,

Somphob Rodboon
Managing Partner
Somphob.R@ilawasia.com
ILAWASIA Co., Ltd.

Htar Su May
Paralegal
Htar@ilawasia.com
ILAWASIA Co., Ltd.

Jessupa Na Pomphet
Associate
Jessupa.N@ilawasia.com
ILAWASIA Co., Ltd.