INTELLECTUAL PROPERTY

Procedures For The Online Application For Trademark Registration,

Prakas № 125, 4 May 2017

The purpose of Prakas No.125, issued by the Ministry of Commerce (“MOC”), is to implement the procedures for online trademark registration.

The Department of Intellectual Property (“DIP”) under the Ministry of Commerce (“DIP”) is vested with the authority to manage the online submission process for trademark registration.

Online submissions can be performed by: (1) a residential applicant, with a permanent address or business operations in Cambodia; or (2) a trademark agent (duly registered with the DIP) on behalf of applicants with a permanent address or business operations outside of Cambodia.

Applicants must ensure that all information and documents submitted using the DIP’s online system for trademark registration is true and accurate. Any persons found to have provided false information may be penalised under the sanctions contained in Article 63 of the Law Concerning Marks, Trade Names and Unfair Competition.

An application for trademark registration may be submitted using the DIP’s online system via this website address: www.efiling.cambodiaip.gov.kh.

For further inquiries, please contact cambodia@dfdl.com.

*The information provided is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situation

The post Cambodian Law Update For May 2017 appeared first on DFDL.

It is with great pleasure and pride for DFDL to announce that Jack Sheehan, Partner and Head of the Regional Tax Practice group has been appointed Vice President of the European Chamber in the Lao PDR.

More than 50 people came together at ECCIL’s General Assembly in Vientiane on May 31st 2017. Among the participants were 39 ordinary members attending in person or by proxy, including esteemed representatives from the embassies of Germany, France and the EU delegation, along with an observer from the Lao National Chamber LNCCI.

The General Assembly adopted the activity and financial reports as presented by the outgoing president and treasurer respectively. Following presentations on the planned activities, 11 ordinary members were elected to the Executive Committee. In addition to DFDL’s Jack Sheehan, these included members representing a wide variety of industries, some among them the most prominent companies in the country, along with key stakeholders from the SME sector.

The new board of the General Assembly freshly constituted, swiftly convened a meeting to elect its leaders, appointing Jack Sheehan to the role of new Vice President. Graciously accepting the appointment, Jack commented, “I am deeply honored to accept the position of Vice President of the European Chamber of Commerce. We have an excellent new board and I believe ECCIL will have an exciting year ahead.”

Jack specializes in international tax planning, mergers and acquisitions, and general tax advisory. Jack has extensive experience in advising clients on inbound and outbound investments and complex tax matters across Asia.

The post European Chamber in Lao appoints Jack Sheehan, DFDL as its new Vice President appeared first on DFDL.

Prakas 559 was issued last week by the Ministry of Economy and Finance and it provides welcome clarification on the recent addition to the existing list of non-taxable supplies for VAT purposes, as implemented by the 2017 Law on Financial Management.

Prakas 559 additionally sets out the activities that constitute Primary Finance Services, supplying much needed guidance on these for those in the financial sector and to those engaging in related services. Further analysis is provided below.

Analysis

Typically in Cambodia, a tax registered entity must charge 10% VAT on supplies that they produce i.e. goods and/or services – referred to as taxable supplies. The VAT regulations in Cambodia provide certain exceptions to this general rule – for example, if goods or certain services are exported outside of Cambodia (typically referred to as zero-rated supplies), or if the supply being produced is not deemed to be a good or service for VAT purposes i.e. land or money.

Additionally, Cambodian tax regulations also make reference to ‘non-taxable supplies’. As the name suggests, these kinds of supplies, as contained in the tax regulations in Cambodia, are not deemed as taxable supplies for VAT purposes. Essentially this means that a registered taxpayer carrying out a non-taxable supply is exempted from having to charge the 10% VAT on those same supplies that it invoices to its customers.

The key difference between a non-taxable and a zero-rated supply is that in principle, an entity that zero-rates VAT may still claim VAT input credits from tax registered suppliers that issue VAT invoices to them. On the other hand, entities providing a non-taxable supply cannot claim VAT input credits through the VAT invoices they receive from VAT registered suppliers. Entities that carry out non-taxable supplies may only claim VAT charged by tax registered suppliers as an expense for tax purposes.

Primary Financial Services

One of the noteworthy categories of non-taxable supplies as stated in the Law on Taxation and the VAT Sub-Decree is Primary Financial Services (“PFS”). The historical issue with PFS is that prior to the enactment of Prakas 559 they were never defined. Unofficially, many businesses assumed that in order to qualify as a PFS, the activity needed to be licensed in some manner by the National Bank of Cambodia.

Prakas 559 has now defined PFS as “financial services which derive profit on a margin/difference basis including:

1. Money deposit operations, the provision of credit or loans, excluding service fees related to the provision of credit or loan;
2. Initial Public Offering (IPO), securities trading or other financial instruments, and clearance and settlement services with respect to the Cambodia Security Exchange;   
3. Money exchange services;
4. Surety and pawn brokerage services; and
5. Trade on gold which has not been processed as jewelry.

New Non-Taxable Supplies

The 2017 Law on Financial Management creates some additional non-taxable supplies for VAT purposes, namely;

• Educational Services;
• The supply of electricity and clean water;
• Unprocessed agricultural products; and
• Services relating to the removal and/or removal of waste material either solid or liquid.

Prakas 559 further expands upon the scope of the bottom four activities above as follows:

1. The term “electricity”​​​ refers to electricity which is supplied for the purpose of domestic consumption or business consumption. The supply of electricity does not include cable installation or other related measurement tools.
2. The term “clean water” refers to clean water which is supplied for the purpose of domestic consumption or business consumption except for the sale of drinking water. The supply of clean water does not include pipeline installation or other measurement tools.
3. The term “unprocessed agricultural products” refers to bulbs, flowers, leaves, shoots or suckers, roots, and miscellaneous plant elements which have been obtained from local cultivated land, whether sliced or grounded or not, which has not been processed to create a final product.
4. The term “solid and liquid waste” refers to solid and liquid material or substances which can no longer be used, or that have been abandoned.

Input VAT Credit

Lastly, Prakas 559 makes reference to Articles 29 to 41 of the VAT Sub-Decree which delineate the rules in regard to claiming input VAT credits from VAT registered suppliers. In practical terms, these rules adhere to the principle outlined above whereby an entity engaging in non-taxable supplies may not claim VAT input credits. The Articles also proffer a formula to claim input VAT credits in the event that an entity deals in both taxable and non-taxable supplies.

The DFDL tax team, as always, stands ready to answer any questions that you may have on this and other tax issues of concern.

DFDL Contact
Clint O’Connell
Cambodia Head of Tax
clint.oconnell@dfdl.com

Tax services required to be undertaken by a licensed tax agent in Cambodia are provided by Mekong Tax Services Co., Ltd, a member of DFDL and licensed as a Cambodian tax agent under license number – TA201701018

The post Cambodia Tax Update : VAT Update – Non-Taxable Supplies appeared first on DFDL.

Kittipong is a Junior Corporate Lawyer in our Thailand office. He graduated from Thammasat University with a Bachelor of Law and assumed the role of coordinator in various campus events during his studies. Kittipong held several professional roles prior to joining DFDL. He speaks both Thai and English.

The post Kittipong Yuenyong appeared first on DFDL.

When : 8th June 2017

Where : Crown Plaza, Vientiane

DFDL and the European Chamber of Commerce in the Lao PDR (‘ECCIL’) are jointly hosting a legal and tax update seminar. DFDL Partner, Jack Sheehan and Senior Legal Adviser Rutherford Hubbard will discuss the new Investment Promotion Law, the new Value Added Tax Law and other legal developments and the implications for foreign and domestic investors in the Lao PDR.

Key topics to be discussed will include:

• How will the amendments to the Investment Promotion Law impact foreign and domestic investors in the Lao PDR;
• What are the key changes to the tax and investment incentives available under the amended law;
• An overview of the risks and challenges under the new Investment Promotion Law;
• Other regulatory updates in the Lao PDR, including the Electricity and Water Laws;
• An overview of the new VAT Law and its implications for businesses in the Lao PDR;
• Key points for compliance with the new VAT law on VAT deductions, VAT refunds, VAT on services, VAT on imports, VAT on service fees etc; and
• Other recent tax changes that businesses need to be aware of in the Lao PDR.

Date: 8 June 2017, Thursday

Time: 9:00am-12:30pm (Registration starts at 8:30am)

Venue: Crown Plaza, Vientiane

Fees : USD 35 (287,000 LAK) for ECCIL members;
USD 55 (451,000 LAK) for non-members

Registration:
Please contact ECCIL at soupanith.lounalath@eccil.org , sem.eccil@gmail.com, contact@eccil.org or call 021 264 330, 020 9551 9988.

For more information:
Steven Major
Finance and Admin Manager
steven.major@dfdl.com
+856 20 59532304

The post DFDL & ECCIL – Legal and Tax Update | 8 June 2017 | Vientiane appeared first on DFDL.

We would like to inform you that from Saturday, 17 June 2017, our Vietnam offices (Hanoi and Ho Chi Minh City) will change telephone and facsimile codes following the Decision of the Vietnam Ministry of Information and Communications.

Please see below our new telephone and facsimile numbers. We appreciate if you could update these contact details accordingly.

New Telephone and Fax Numbers

Hanoi Office                   Ho Chi Minh City Office
T +84 24 3936 6411       T +84 28 3910 0072
F +84 24 3936 6413       F +84 28 3910 0073

Thank you for your continued support. Please contact us at info@dfdl.com if we can be of any further assistance.

The post Notice : Update of new telephone codes in Vietnam appeared first on DFDL.

This is the chapter 12 out of 19 chapters of our Cambodia Investment Guide. Learn the best way to invest in Cambodia. Download the full publication here.

Chapter 12.2 to 12.5: Natural Resources and the Environment

The regulatory framework for the use and protection of Cambodia’s vast natural resources has grown considerably in recent years. This framework is expected to continue to expand in the future as this sector receives financial support from external aid. This section outlines the regulatory regime currently in place. Keep in mind that because of the technical and complex nature of regulations in this area, implementation and enforcement can be inconsistent.

2. Mining

The regulatory framework for the use and protection of Cambodia’s vast natural resources has grown considerably in recent years. This framework is expected to continue to expand in the future as this sector receives financial support from external aid. This section outlines the regulatory regime currently in place. Keep in mind that because of the technical and complex nature of regulations in this area, implementation and enforcement can be inconsistent.

1. An artisanal mining license will be issued only to Cambodians to explore for and exploit mineral resources by using locally available hand tools and by working alone or with family members in a group not exceeding seven persons;
2. A pits and quarries mining license will be issued to a qualified natural person or legal entity to explore for and exploit construction materials, industrials and industrial minerals, quarried from pits and used in the construction, chemical and processing industries;
3. A gem mining license will be issued to a qualified natural person or legal entity to explore for and exploit precious, semi-precious and ornamental stones;
4. A mineral (gemstone) cutting license will be issued to a qualified natural person or legal entity to cut precious, semi-precious and ornamental stones;
5. A mineral exploration license will be issued to a qualified natural person or a legal entity to explore for mineral resources; and
6. An industrial mining license will be issued only to a concessionaire holding a mineral exploration license to explore for and exploit mineral resources found in commercial deposits located within the boundaries of the area of land granted under the mineral exploration licenses.

Mining/mining licenses are primarily under the authority of the MME. It should be noted that a mineral exploitation proposal except proposals related to decorative stones and construction stones and materials, must be submitted to the one-stop service of the Council for the Development of Cambodia (“CDC”). The CDC will issue approval after the preliminary study and exploration stages subject to the MME’s discretion. The CDC’s in-principle approval must be obtained before the MME issues an industrial mining license.

The mineral sector is managed specifically by the General Department of Mines Resource of the MME (“GDMR”). The GDMR has two principal roles, one being the promotion of mineral resource development and the other, the regulation and supervision of mineral resources development.

The MME may require the applicant to enter into a mining agreement if it deems the mining exploration license or mining exploitation proposals to be sufficiently large and of special benefit to the country.

In May 2016, the Cambodian government issued a ministerial ordinance in a form of Sub-Decree 72 (“Sub-Decree 72”) to manage mineral resource exploration licenses and industrial mining licenses. Sub-Decree 72 provides for procedures, processes and conditions related to the issuance of exploration licenses and industrial mining licenses. Rights and obligations of licensees are now regulated by Sub-Decree 72.

Under Sub-Decree 72, an exploration license is valid for three years and may be renewed for another two terms provided that each such term does not exceed two years. Similarly, the validity of an industrial mining license cannot exceed 21 years and may be renewed for another two terms provided that each term does not exceed 10 years. In exceptional circumstances, an industrial mining license may be renewed more than the terms specified above, although Sub-Decree 72 is silent as to what constitutes exceptional circumstances permitting such a renewal.

Licensees must be aware that they have reporting obligations to the MME. A licensee holding an exploration license must report to the MME on an annual basis about the results and associated expenses related to mineral resources exploration for each year before the end of the first month of the next calendar year or within 30 days following the date of exploration license expiry. Similarly, a licensee holding an industrial mining license must file a monthly production and sale report to the MME in a form as determined by the MME within 15 days of the following calendar month. Failure to comply with reporting obligations may result in license revocation.

The Cambodian government encourages and promotes investment in the mining sector and grants customs duties exemptions for the exploration of gas, oil and all kinds of mining as well as supply bases for gas and oil activities.

It should be noted that all mineral resources are reserved for local supply. The export of raw mineral resources is prohibited under Cambodian law.

3. Available Concessions for Mining

There are two ways to source an available and potential mining concession in Cambodia:

• through a joint venture or contractual arrangement with the existing mining concessionaire; or
• through direct contact with the GDMR. Geology and mineral data are necessary to assess the recoverability of available mineral resources; however, the GDMR has limited geology and mineral data. Currently, the GDMR has only fourteen sheets of 1:200,000 geological maps that cover Cambodia.

4. Water Resources

The Ministry of Water Resources and Meteorology (“MOWRM”) was established in 1999 with governing powers over Cambodia’s vast water resources. The MOWRM is responsible for developing and managing water resources in Cambodia. Additionally, the Ministry of Rural Development (“MRD”) is specifically responsible for rural water supply sanitation. The MME is also in charge of water supply for provincial capitals and medium-sized and small towns as well as for the regulation of the private sector involved in piped water systems.

The MOWRM has the duty of managing and developing Cambodia’s aquatic resources for use by business, agriculture and inhabitants as well as for recreational and environmental purposes. The MOWRM also oversees irrigation and flood control development.

The Law on Water Resource Management was enacted on 29 June 2007 to determine the rights and obligations of water users, set the main principles for water management and outline the participation of community of farmers using water in the development of water resources.

According to the Law on Water Resource Management, licensing or authorization is required for the use, consumption or diversion of water for industrial or agricultural purposes beyond basic needs such as drinking, laundering, bathing, raising animals and watering gardens and crops. The water works constructions related to the aforementioned activities also require licensing or authorization from the MOWRM.

The MOWRM’s license or approval is also required for the following activities;

• extracting sand, soil, stone, gravel, oil and gas from seas, rivers, canals, channels, ditches, lakes and ponds;
• filling of rivers, canals, channels, ditches, lakes and natural reservoirs;
• emitting, stowing or storing poisonous substances that can affect water quality or cause danger to human beings, animals and plants; and
• constructing bridges over rivers or constructing ports or buildings on the shore or on beaches.

Companies or individuals that discover underground water sources or underground water wells in the course of their mineral exploration and other activities have the obligation under the Law on Water Resource Management to inform the MOWRM about such discoveries.

5. Environmental Protection

We understand that the Cambodian Government aims to prepare an Environmental Code although it may take years to achieve such a feat. Currently, environmental matters are governed by the Law on Environmental Protection and Resource Management, enacted to protect and restore Cambodia’s natural environment and to ensure the conservation, development, management and sustainable use of natural resources.

The Law on Environmental Protection and Resource Management empowers the Ministry of Environment (MOE) to inspect any premises or any means of transport if the MOE considers that it affects the environment. To ensure the sustainability of natural resources, the Law on Environmental Protection and Resource Management requires all ministries to consult with the MOE before issuing decisions or undertaking activities related to the protection, the development or the management of the use of natural resources.

The Law on Environmental Protection and Resource Management is supported by various governmental regulations including, inter alia, the Sub-Decree on Environmental Impact Assessment, the Sub-Decree on Water Pollution Control, the Sub-Decree on Solid Waste Management and the Sub-Decree on Control of Air and Noise Pollution.

Chapter 13 : Contract Law and Enforcement 

You can download the complete guide for free here.

The post Chapter 12: Natural Resources and the Environment appeared first on DFDL.

DFDL is pleased to announce that Craig Hawkins has joined DFDL’s tax team in Indonesia. Craig is a senior tax adviser with over 10 years’ experience in taxation, including four years in Indonesia. He moves over from his key position at KPMG Indonesia, where he was a senior manager in the corporate tax practice.

Craig will be in charge of DFDL’s Indonesia tax team with existing tax partner Jack Sheehan. He has experience in a wide range of tax advisory projects, with special emphasis on energy, mining, engineering, distribution and manufacturing. Craig is lauded for his excellent technical knowledge, responsiveness and quality of work.

The high profile KPMG hire in Indonesia comes in the wake of DFDL’s additional senior hires in the region. In Thailand, DFDL recruited Withers Partner and ex Bakers and KPMG tax lawyer Jonathan Blaine, another example of DFDL’s forward leaning HR strategy.

The post DFDL boosts tax practice in Indonesia with key KPMG hire appeared first on DFDL.

Craig has significant international tax experience at four big firms spread across Indonesia, South Africa and Saudi Arabia. Craig obtained an Honor’s degree in accountancy from the University of Stellenbosch, South Africa, and an Honor’s Bachelor of Commerce specializing in taxation from the University of Cape Town, South Africa in 2013 followed by an Advanced Diploma in International Tax from the Thomas Jefferson School of Law, San Diego, California, USA in 2015. Craig is a qualified Chartered Accountant and registered at the South African Institute of Chartered Accountants (SAICA) in 2008. He is fluent in both English and Afrikaans.

The post Craig Hawkins appeared first on DFDL.

When : 14th June 2017

Where : Sule Shangri-La, Yangon 

While there are as many styles of management as there are managers, great managers know how to get the very best out of the people on their teams. Their success comes from a mix of skills and knowledge, and in this workshop, we’ll be giving you both.

In one highly interactive day, we’ll be covering:

• The impact Myanmar labour law has on your role as a manager
• How to delegate and supervise effectively to ensure your work gets done and done well
• How to supervise your team, and flex your supervision styles to take account of individual differences
• The impact your communication style has on the individual members of your team, and how you can vary it to engage and motivate your team
• How to give feedback in a way that builds trust and has a positive impact on performance

You’ll come away with skills and knowledge that you’ll be able to put to work right away for the benefit of your team, your organization – and you!

Upon completion of attending the training, the attendees will be awarded with a certification of completion by DFDL.

Who should attend?

• C-level executives
• Managers and supervisors in all functional areas
• For-profits, not-for profits, public, private, government

If you believe that someone else in your organization would also benefit from this workshop, please forward this event to them.

Speakers : 

Tony Campbell

DFDL’s Professional Development Director

Tony passionately believes in the power of training to help people and organizations achieve their goals. Tony is an award-winning trainer with more than 30 years’ experience delivering workshops and seminars across Asia, Europe, North America, and Australia. His clients have included organizations of all sizes across a wide range of sectors.

Danyel Thomsom

Regional Head of Labour Practice

Danyel is a U.S. qualified lawyer who has been practicing in Southeast Asia for 10 years. She advises clients on all matters involving labor law issues, including employment contracts, internal regulations, employment terminations, and employer rights and obligations. Her varied client base includes commercial enterprises, embassies, international organizations, and non-governmental organizations. She is based in DFDL’s Yangon, Myanmar office and provides advice on employment matters for DFDL offices throughout the region, in particular Myanmar and Laos. Danyel firmly believes that clear, legally compliant HR documentation creates a solid foundation for a good working relationship between managers and their people.

Detail : 

Date: 14 June 2017, Wednesday 

Time: 8:30 am – 5:30 pm

Venue: Sule Shangri-La Hotel
223 Sule Pagoda Road, Yangon, Myanmar

Fees : USD 95 / MMK 130,000
(The price includes two coffee breaks and buffet lunch. Payment should be made prior to the event)

Early Bird Fees: USD 60 / MMK 83,000
Please register with us by 31 May to enjoy our limited special offer rates.

Registration:
To register, please send your full name, position, company, industry, and email address to events.myanmar@dfdl.com

For more information:
Ms. Aye Thanda
DFDL Myanmar Limited
Tel:  +95 1 526 180, +95 1 1 221 283 

The post What Great Managers Do | 14 June 2017 | Yangon appeared first on DFDL.

When : 15 June 2017

Where : Phnom Penh

Earlier this month, the General Department of Taxation (“GDT”) issued Notification 7374 concerning the rights and obligations of taxpayers with regard to the submission and resolution of tax complaints. While Notification 7374 re-frames a number of existing regulations, it also provides some additional key changes to the complaints process in Cambodia which all taxpayers should take due notice of.

Notification 7374 is the newest in a number of recent tax audit changes that have occurred in the last 18 months in Cambodia. We encourage you to join our award winning and industry recognized tax experts for an engaging presentation and Q&A session to ensure that you are fully aware of how to comply with these latest developments.

Attendees will gain invaluable insights into the Cambodian tax audit process along with practical updates on the core areas of focus that tax auditors currently have in their sights.

Presented by Clint O’Connell, the primary topics under discussion will range over: 

• An overview of the different types of tax audits in Cambodia and the tax audit process;
• Recent changes to the rules and procedures regarding the tax audit process;
• Recent hot issues in regard to tax audits;
• Progress report on the newly established tax disputes committee; and
• A Q&A session where the discussion will be opened to the floor. 

Speakers : 
Clint O’Connell – Senior Director, Head of the Cambodia Tax Practice.

Clint has worked professionally in Cambodia for over nine years, and in that time he has been involved in some of the largest commercial transactions in Cambodia. He advises a wide range of clients, from large globally-listed companies to small and medium-sized enterprises.

Clint has gained vast experience in international tax through working in the technical standards unit of the tax authority in New Zealand along with his time spent at KPMG, PwC and DFDL in New Zealand, Vietnam and Cambodia.
 
Clint’s experience, engagements and expertise are widely recognized throughout the region. He is a regular contributor to the International Tax Review and Bloomberg BNA’s Tax Planning International Asia-Pacific Focus journal, and he has also lectured at CamEd as part of their popular “Tax in Cambodia” course. Clint holds a law degree from Victoria University in Wellington, New Zealand and is a registered Barrister and Solicitor of the High Court of New Zealand.

Date: Thursday 15 June 2017 

Time: 8:30 am – 11:00 am
(registration starts at 7:45am) 

Venue: 
Topaz Restaurant,
162 Preah Norodom Blvd,
Phnom Penh

Fee: USD 20

Early bird discounted fee : USD 15*
*extended to Friday, 9 June

Registration:
To register, please send your Full Name, Title and Role, Company, Industry, and Email address to events.cambodia@dfdl.com

Tax services required to be undertaken by a licensed tax agent in Cambodia are provided by Mekong Tax Services Co., Ltd, a member of DFDL and licensed as a Cambodian tax agent under license number – TA201701018

The post Tax Master Class – Tax Audits in Cambodia | 15 June 2017 | Phnom Penh appeared first on DFDL.

This is the chapter 12 out of 19 chapters of our Cambodia Investment Guide. Learn the best way to invest in Cambodia. Download the full publication here.

Chapter 12.2 to 12.5: Natural Resources and the Environment

The regulatory framework for the use and protection of Cambodia’s vast natural resources has grown considerably in recent years. This framework is expected to continue to expand in the future as this sector receives financial support from external aid. This section outlines the regulatory regime currently in place. Keep in mind that because of the technical and complex nature of regulations in this area, implementation and enforcement can be inconsistent.

6. Environmental Impact Assessments

Environmental impact assessments (“EIAs”) are required for some projects depending on their nature, size, activity etc., as specified in the Sub-Decree on the Implementation of Environmental Impact Assessment Process, enacted in 1999. The exact nature and format of the assessments are also set out in this Sub-Decree.

Investors whose projects are subject to an EIA are required to submit a preliminary EIA report and pre-feasibility study report to the MOE. For projects that may have severe environmental impacts, full EIA reports and feasibility study reports must also be submitted to the MOE. The approval of the MOE on the preliminary and full EIA reports must be obtained before commencing the project.

These investors are required to pay a service fee for examining the EIA report and monitoring the implementation of the project, and pay a contribution to the Environment Endowment Fund.

The MOE, as a matter of practice, rather than law, has been requiring newly licensed investment companies to enter into a contract with that Ministry. The contract requires the investor to state that it will comply with environmental regulations, will act to safeguard the environment and will immediately remedy any negative environmental impact caused by the investing company.

7. Water Pollution Control

The Sub-Decree on Water Pollution Control was enacted on 6 April 1999 to control water pollution and to suppress and reduce public water pollution. The Sub-Decree sets out the standards of liquid waste that can be discharged. The Sub-Decree determines some pollution sources that need to obtain authorization from the MOE prior to the discharge of liquid waste or the transportation of liquid waste from certain industries. The Sub-Decree also prohibits the dumping of waste products or dangerous substances that will cause water poisoning.

8. Solid Waste Management

The management of solid waste is governed by the Sub-Decree on Waste Management, dated 27 April 1999. The import of waste into Cambodia is specifically prohibited by the Sub-Decree. Pursuant to this Sub-Decree, authorization from the MOE is required for the transport or construction of hazardous waste disposal or storage sites; investment in hazardous waste treatment or incineration; investment in establishing waste disposal, waste incineration, waste storage or waste reprocessing sites. This Sub-Decree also requires that hazardous waste be disposed of and stored safely in accordance with accepted technical standards.

9. Noise and Air Pollution

The control of air pollution and noise nuisance is addressed in the Sub-Decree on Air Pollution and Noise Nuisance Control dated 10 July 2000. This Sub-Decree specifies the permitted level of pollutants and noise. The Sub-Decree prohibits the import, use or manufacture of motor vehicles and machineries that emit pollutants or noise beyond the permitted level. Pursuant to this Sub-Decree, the emission of pollutants and noise from immovable sources requires the authorization of the MOE.

10. Natural Protected Areas

Twenty-three natural protected areas were established by the Royal Decree on the Management of Natural Protected Areas dated 1 November 1993. These natural protected areas are classified under four major categories: national parks, wildlife sanctuaries, protected landscapes and multiple use areas. Subsequently, three additional natural protected areas have been classified by separate regulations. The Department of Nature Conservation and Protection of the MOE is responsible for overseeing the protected areas with the cooperation of the relevant ministries and authorities including; the Ministry of Agriculture, Forestry, and Fisheries (“MAFF”), the MOWRM, the Ministry of Land Management, Urban Planning, and Construction (“MLMUPC”), the Ministry of Tourism, the MRD and the provincial/municipal authorities.

11. International Treaties

Cambodia is a member of a number of treaties in relation to environmental protection. Some main environmental protection treaties that Cambodia has ratified to date include;

• the Vienna Convention for the Protection of the Ozone Layer;
• the Montreal Protocol on Substances that Deplete the Ozone Layer;
• the International Convention on Climate Change;
• the Kyoto Protocol to the UN Framework Convention on Climate Change;
• the Convention on Biological Diversity;
• the Cartagena Protocol on Bio-Safety to the Convention on Biological diversity;
• the ASEAN Agreement on Trans-Boundary Haze Pollution;
• the Stockholm Convention on Persistent Organic Pollutants;
• the Basel Convention on the Control of Trans-Boundary Movements of Hazardous Wastes and their Disposal;
• the Convention on Wetlands of International Importance, Especially as Waterfowl Habitat;
• the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
• the Agreement on the Establishment of the Global Green Growth Institute; and
• Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

Chapter 13 : Contract Law and Enforcement 

You can download the complete guide for free here.

The post Chapter 12: Natural Resources and the Environment appeared first on DFDL.

When: 21st June 2017

Where: Park Hyatt Saigon, Ho Chi Minh City

DFDL, in collaboration with Eurocham, Jones Lang LaSalle (JLL) Vietnam, Vietnam Supply Chain and Navigos Search cordially invites you to the upcoming seminar “MANUFACTURING BOOM IN VIETNAM” which will be held on 21 June 2017 at the Park Hyatt Saigon, Ho Chi Minh City.

Patrick Keil – DFDL Vietnam Senior Legal Adviser, along with Greg Ohan from JLL Vietnam, Eckart Dutz from Vietnam Supply Chain and Nguyen Phuong Mai from Navigos Search will discuss and expand upon Vietnam’s burgeoning economic growth, and the exciting opportunities afforded by the thriving expansion of its manufacturing base. Particular attention will be cast upon Vietnam’s industrial dynamics and core operational aspects, with a focus on industrial real estate, supply chain, personnel management and training, legal matters, detailing the crucial challenges to be faced, opportunities to arrive of, and the key obstacles to surmount.

The discussions will range over various topics such as:

• Industrial Real Estate: the national Vietnam Industrial Real Estate Market: Emerging Locations and dynamic sectors.
• Vietnam and the Region: How does Vietnam stand in relation to its neighbours? – Case studies.
• Current and Future Competitiveness: the role of land, labour and infrastructure.
• Human resources: challenges in sourcing qualified engineering and technical staff; the availability and skillsets of manual labourers; vocational training; qualified technical and managerial staff.
• Legal matters relevant to manufacturing / industrial activity in Vietnam

Agenda:

• Vietnam’s Manufacturing Boom and dynamics of the Industrial Property Market
• Supply Chain
• Vietnam’s Manufacturing: human resources challenges
• Legal matters relevant to manufacturing/industrial activity in Vietnam – DFDL’s Patrick Keil will be leading the discussion
• Q&A

Date: 21st June 2017, Wednesday

Time: 11:45am-1:30pm

Venue: Park Hyatt Saigon, 2 Lam Son Square, Dist 1, HCM City, Vietnam

Fees: VND 850,000 for Eurocham members and VND 1,150,000 for non-members

*Lunch will be provided.

Registration:
Please contact Ms. Nhung(Eurocham) at eventsupport@eurochamvn.org or 028 3827 2715 (Ext 126)\

Speakers:

Patrick Keil
Senior Legal Advisor

Patrick’s legal practice is focused on enabling international investments, with an emphasis on the energy, infrastructure, technology and mining sectors. He has over ten years of advisory experience, gathered in roles covering both emerging and mature markets. Since starting with DFDL in Ho Chi Minh City, Patrick has mainly been engaged in the inbound M&A space, servicing international clients across multiple industries, including renewable energy, garment manufacturing, real estate, and venture capital technology startup investments.

In collaboration with,

For further information, please do not hesitate to contact us at info@dfdl.com

The post ECCIV – Manufacturing Boom in Vietnam | 21 June 2017 | Ho Chi Minh City appeared first on DFDL.

When : 19th – 23rd June 2017

Where : Queen Mary University of London, London, UK

DFDL warmly invites you to join us in making history at the first Energy Law Summer Program ever to be held at the prestigious Queen Mary University London, Law School in London.

This ambitious new course is primarily geared towards, and purposefully designed for the particular interest and benefit of solicitors and lawyers, advanced law students, regulators, and key economic stakeholders alike. Here, the fundamentals of energy law will be introduced, discussed, and analyzed in comprehensive detail. Newcomers will be uniquely introduced to the world of policy, science, and technology issues that surround energy law, in ways that will be clear, concise, enlightening and engaging. This course will feature discussions, group exercises, practical guidance, and activities, spearheaded by internationally recognized experts in the field.

DFDL is proud to participate in this prestigious inaugural event, in association with Queen Mary University Law school, along with specialists and renowned academics from across the globe. In tune with our pioneering regional commitment and dedication to being at the vanguard of legal development and diversification in ASEAN, DFDL experts will host an entire day’s proceedings, ready to expand further on topics such as taxation, transparency, compliance, and Asian energy projects.

Venue: Centre for Commercial Law Studies,
Queen Mary University of London,
67-69 Lincoln’s Inn Fields,
London WC2A 3JB, UK

DFDL Speakers: 

For more information and registration, please contact: 

Professor Raphael Heffron
r.heffron@qmul.ac.uk

The post Queen Mary’s University Energy Law Program | 19 – 23 June | London appeared first on DFDL.

DFDL is pleased to announce the appointment of Audray Souche as the Managing Director of DFDL Thailand. Audray succeeds Angus Mitchell in the role.

Audray has been working in the region since 2002. After a first experience in Cambodia, she joined DFDL in 2004 and has worked several years in DFDL’s Vientiane and Ho Chi Minh City offices. As the Deputy Head of the regional Energy, Mining and Infrastructure Practice Group, she has led DFDL teams on numerous energy, project development, financing and technical assistance matters in the Lao PDR, Cambodia, Myanmar, Thailand, Vietnam, Bhutan and Nepal and launched the development of a dedicated regional renewable energy division. With more than 6 years of experience in the Thai jurisdiction, including 5 years as deputy managing director of DFDL Thailand, she has also worked closely with the Thai team and accompanied DFDL clients in Thailand on numerous corporate/licensing, commercial, labor and M&A matters.

Alexander Lynch, DFDL CEO says, “I am delighted to welcome Audray as our new Managing Director in Thailand. Audray’s experience in the variety of roles she has carried out at DFDL, together with her experience for clients across the region, make her ideally suited to this leadership role.”

Alex adds, “I also want to thank Angus for his enormous contribution to the Firm and for helping to grow the office during his successful tenure.”

Audray comments, “It is an honour to be given the opportunity to lead DFDL teams in Thailand. I am looking forward to continuing the journey of my predecessors, David Doran and Angus Mitchell both of whom I have been fortunate to work closely with during many years. Their vision and professional standards will continue guiding our team’s efforts. We have enjoyed many successes; now we are eager to do more. It is a critical time for business and investment in Thailand: the country is entering into a new era, we want to evolve with it. Making DFDL an always better place to work, empowering our team and always creating more added value to our clients will be our ambitions. “

The post DFDL names new Managing Director for Thailand appeared first on DFDL.

We are pleased to introduce the 2017 edition of our investment guide for Cambodia.

Understanding the ins and outs of opening and developing a business in Cambodia can often be daunting. The latest investment guide identifies all the pitfalls, difficulties and solutions of navigating an investment through the legal highway in this country. DFDL advisers are dedicated to ensuring the process of investing in the country is as simple and straightforward as possible and leading legal experts in their field give their opinions and share their experiences in this user-friendly guide to piloting these legal systems.

This investment guide focuses on the current legal climate and accurately identifies challenges investors are bound to face while equipping you with useful solutions and advice. Everything you need to know about contemporary laws and regulations are explained in a concise and systematic manner in this innovative guide. Investors will learn about new niche markets and investment pockets in the country as well as gain in-depth knowledge on the step by step process of setting up a business in Cambodia.

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It is with great pleasure and pride for DFDL to announce that Clint O’Connell, Director and Head of the Cambodia Tax Practice Group has been elected as the new Deputy Chairperson of EuroCham Cambodia’s tax committee.

Among Corporate members BUN & Associates, Cambodia Investment Management, DFDL, HBS Law, Morison Kak & Associates, N-Strat, R&T Sok & Heng Law Office and Zico Law, DFDL swiftly convened a meeting to elect its leaders, appointing Clint O’Connell to the role of Deputy Chairperson, who will automatically rotate into the chairperson’s role for the following year.

The Committee is a platform for information sharing and discussion, devoting itself to matters relating solely to tax related issues, while seeking to build bridges and form consensus with the Cambodian authorities in order to improve the overall business environment, and encourage global best practice in this important sector, now and in the upcoming years ahead.

Clint has worked professionally in Cambodia for over seven years, and in that time has been involved in some of the largest commercial transactions and globally-listed companies to small-and medium-sized businesses in Cambodia.

Congratulations to Clint.

The post European Chamber in Cambodia appoints Clint O’Connell, DFDL as its new Deputy Chairperson appeared first on DFDL.

The deadline for existing companies to opt-in for the investment incentives available under the new Investment Promotion Law (No. 14/NA, 17 November 2016 (the “Investment Promotion Law”) is fast approaching. Existing companies that intend to opt-in should ensure that their application has been submitted to the One-Stop Service Office (“OSSO”) of the Ministry of Planning and Investment by Thursday, 17 August 2017.

Are existing companies eligible to “opt In”?

YES. The Investment Promotion Law provides significant incentives to newly established companies in the Lao PDR (the “Incentives”). However existing companies may “opt-in” to the new incentive structure, by applying to the OSSO for an Investment Promotion Incentive Certificate (the “Incentive Certificate”). The Incentive Certificate will set out the investment incentives to which the company is entitled. However, not all existing companies are eligible for the Incentives.

Who is eligible?

All sole limited and limited companies may elect to opt in by obtaining an Incentive Certificate, if they satisfy one of the following:

• Have a total investment value (not yet defined) of at least 1.2 Billion Kip;
• Utilize 30 or more Lao national technical staff; OR
• Hire more than 50 Lao nationals (for contracts of at least 1 year)

Investors that do not meet the requirements for Incentives should be aware that certain administrative aspects of the new Investment Promotion Law, such as those pertaining to changes in corporate documentation, will apply to them regardless.

What are some of the benefits?

• Profit Tax Exemption: From three to fifteen years, based on the business sector and the zone in which the company is registered;
• VAT Exemption: Applies to importation of materials or equipment unable to be supplied or produced in the Lao PDR to form vehicles, machinery, or fixed property; the importation of materials or equipment, including parts, used for manufacturing; and domestic raw materials (excluding natural resources) used to manufacture finished or semi-finished products for export; and
• Rent/Concession Fee Exemption: Applies for five to fifteen years based on the business sector and the zone in which the company is registered.

The Profit Tax Exemption runs from the date of “first business revenue”, while the Rent/Concession Fee Exemption runs from the date of the underlying land lease or concession agreement. The VAT Exemption applies to all investors, for the duration of their investment.

Companies that do not opt in retain their existing incentives, while companies that opt-in will lose any incentives to which the company is entitled under the previous Law on Investment Promotion (№ 02/NA, 8 July 2009). investors should carefully consider the extent to which they are eligible for incentives before deciding to opt in.

What do you need to do?

For companies which think that they may be eligible for Incentives under the Investment Promotion Law the deadline for opting in is 17 August 2017.

If you are not sure if your company is eligible or what Incentives you may qualify for, or if you would like further information on how to opt in for the Incentives, please feel free to contact us.

The post Lao Legal Update: Investment Incentive Deadline Approaching appeared first on DFDL.

DFDL is delighted to announce that Bernard Cobarrubias has been appointed to the Tax Committee of European Chambers of Commerce in Singapore. Bernard will be involve in sharing DFDL’s best practices of identifying solutions to common tax issues when doing business in Singapore and the region.

We congratulate Bernard on his appointment to the committee and are confident that he will make a positive contribution to ECCIS.

The post Bernard Cobarrubias appointed to the Tax Committee of EuroCham in Singapore appeared first on DFDL.

Dave Seibert is a Senior Legal Adviser in our office in Yangon, Myanmar. His primary practice focus is in the Energy, Mining, and Infrastructure. He studied Japanese language and culture at Sophia University, Tokyo, Japan in 2002 and went on to gain a Bachelor of Science in Business Administration from Robert Morris University, Pennsylvania, USA in 2003. Dave earned his Juris Doctor at Michigan State University College of Law, USA in 2007. After receiving his Juris Doctor, he became a Senior Legal Specialist in regulatory affairs and ISO functions for the Texas system operator before moving to South Korea to become an associate professor of writing at Dongguk University and Jeju National University. Dave has worked in various roles in Cambodia and Myanmar and was recently a Senior Associate, Energy Practice Group Lead at VDB Loi Ltd. before joining DFDL. He is also a novelist and has written a fiction manuscript, due to be published in 2017. He is fluent in English and speaks conversational Japanese.

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