On 29 March 2020, the Prime Minister of the Lao PDR issued Order No. 06/PM (“Order 06”) calling for suspension of all nonessential businesses effective from 30 March 2020 until 19 April 2020. The order prohibits all nonessential in-person communications and travel, and requires everyone, including government employees, business owners, and foreign workers, to stay […]

On 23 March 2020, in response to the spreading of COVID-19, the Ministry of Labor and Vocational Training (“MLVT”) issued notification 009/20 requiring all employers to provide an updated list of the contact telephone numbers of all employees to the Department of Labor Inspection of the MLVT by 26 March 2020. Lists are to be emailed to [email protected]. […]

Sickness is a paid leave permitted by the Labor Law (Article 169). Therefore, during sickness, employer needs to pay the salary of his employee. Highlights of this note If an employee falls sick, who pay the salary? What if an employee wants to stay home to take care of children or school closed or child […]

Amid the outbreak of the COVID-19 pandemic, many courts and tribunals globally have suspended operations to halt the COVID-19 spread, with trials, hearings, and court mentions being postponed and rescheduled. Subsequent to the Ministry of Health of the Union of Myanmar announcing the first confirmed COVID-19 cases, the Supreme Court of the Union, on 24 […]

With the emergence and spread of COVID-19, the sale of protective masks and antiseptic disinfectant have greatly increased to the extent that it has become difficult to buy them at a reasonable price.

When a company has dissolved, it essentially means that the company has ceased to exist, and thus cannot sue or be sued. The question then becomes, how can a party pursue a claim against a dissolved company? Highlights of this note How can a party pursue a claim against a dissolved company? How to restore […]

Highlights of this note Arbitration in Myanmar – recent developments Are parties free to choose for foreign arbitration under Myanmar law? How to invoke an arbitration clause in Myanmar and apply for a stay of court proceedings under the Myanmar Arbitration Law Does the subject matter of the dispute fall within the scope of the […]

On 19 August 2019, the Union Parliament of Myanmar, Pyidaungsu Hluttaw, enacted Land Acquisition, Resettlement and Rehabilitation Law (Pyidaungsu Hluttaw Law No. 24/2019) to replace the colonial-era Land Acquisition Act (1894) as well as to provide a legal framework for resettlement and rehabilitation for the first time in Myanmar. Highlights of this note Overview What’s […]

On 12 June 2019, the Division of Industry and Commerce, Vientiane (“DIC-Vte”) issued Instruction No. 0651 (the “Instruction”) regarding measures to be taken against the illegal operation of businesses by foreigners. The Instruction’s scope covers foreigners who operate unapproved businesses, defined as those who: Operate a business without an enterprise registration certificate (“ERC”) or business […]

With the recent celebration of our seventh anniversary as well as the upcoming Thingyan Festival in Myanmar, we at VDB Loi would like to thank you for your continued support. We are very pleased to share with you some of VDB Loi’s best moments and achievements over the past year. We are delighted to report […]

We provide the ultimate ground advantage for commercial disputes. Most cases are actually won or lost on the ground, where the assets are. That is where we come in. Many parties are hesitant to get involved in litigation in the emerging markets we cover, but local proceedings can also be turned into an advantage. If […]

According to the recent Directorate of Investment and Company Administration (“DICA”) announcement issued on 8th March 2019, companies who missed the 31 January deadline now have until March 30 to re-register. However, any companies who fail to re-register by this new deadline will be struck off from the registry, and will not be able to carry on business […]

According to a previous notice of the Ministry of Commerce (“MOC”) dated 22 December 2017, all corporate entities were required to complete their online re-registration with the MOC by 31 December 2018. Recently, the MOC issued another notice, No. 0384, dated 30 January 2019, regarding further extension of the online re-registration deadline to 31 December […]

Financing and tax 2018 saw several changes to the tax regulations. The application of transfer pricing rules in Cambodia is now a reality. Starting from 2018, companies have to comply with the regulations issued in October 2017, which adopt the arm’s length principle in accordance with the OECD’s guidelines. The regulations left many questions unanswered, […]

Further to the amendment in 2018 of the Labor Law and Prakas 443 on seniority payment, which is applicable to all existing unlimited duration contracts (for more details, please see our Cambodia legal update here), the Ministry of Labor and Vocational Training (“MLVT”), through its information declaration on seniority payments dated 28 December 2018, has provided […]

The Ministry of Labour, Immigration and Population published the Leave and Holidays Rules (Notification 69/2018) and the Shops and Establishment Rules (Notification 68/2018) (the “Rules”) which implement the relevant laws. The Rules provide new forms for use by employers in lodgments to labor offices, and clarify entitlements relating to days off, public holidays, leave and […]

Seniority payment On 11 July 2018, the Labor Law was amended by Royal Decree (“Labor Law Amendment”), particularly Articles 89, 90, 91, 94, 110, 120, and 122. One notable amendment is the elimination of the “indemnity for dismissal”, which is equivalent to severance pay and paid upon employment termination only, and the introduction of the […]

On 20 August 2018, the Ministry of Labor and Vocational Training (“MLVT”) issued notice No. 028 K.B./S.Ch.N (“Notice 028”) regarding approval requests for employing foreign employees (“Quota Approval”) and renewing work permits for 2019. According to Notice 028, employers or managers of any corporate entities employing foreign employees must apply for the 2019 Quota Approval […]

Cambodia’s regulatory framework in the area of alternative dispute resolution has developed considerably. In the last few years, Cambodia has seen the first foreign arbitral award successfully enforced by the Cambodian courts and has also seen the first completion of domestic commercial arbitration cases. These developments have given investors, both foreign and local, increased confidence […]

The National Committee for The Minimum Wage (the “Committee”) publicized a Notification on 2 January 2018 in which a new minimum wage of MM4,800 per day, calculated at a rate of MMK600 per hour, was proposed. In relation to the previous effective Minimum Wage (MMK3,600 per day / MMK450 per hour), this represents an increase […]