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Asia’s AI Law Wave in 2026 — Vietnam, South Korea, China, and ASEAN Move Full Speed Ahead

Vietnam became the first ASEAN country to enforce an AI law in March 2026, South Korea followed with its AI Basic Act in January 2026, China is rolling out more than 30 AI and data standards, while Thailand is gathering public feedback on AI guidelines.

23 Mar 202611 min
AI RegulationASEANVietnamSouth KoreaChinaAI Governance

Overview — Why 2026 Is a Turning Point for AI Regulation in Asia

The year 2026 is shaping up to be the most dramatic shift in Asia’s AI regulatory landscape since the rise of Generative AI. After the European Union set the pace with the EU AI Act in 2024, countries across Asia have accelerated efforts to roll out their own laws and standards.

In the first quarter of 2026 alone, several major developments happened at once: Vietnam began enforcing ASEAN’s first dedicated AI law, South Korea brought its AI Basic Act into effect, China prepared more than 30 new standards, and ASEAN updated its AI governance guidance to cover Generative AI.

For Thai businesses already using AI—or planning to do so soon—understanding this wave of regulation is no longer just a nice-to-know issue. It is becoming a matter of business survival.


Vietnam — The First ASEAN Country with a Binding Standalone AI Law

On March 1, 2026, Vietnam became the first country in Southeast Asia to enforce a standalone AI law with full legal effect through Law No. 134/2025. This law was written specifically to regulate AI systems, rather than simply amending older laws to include AI.

Risk-Tiered Model

The law adopts a risk-based approach similar to the EU AI Act, dividing AI systems into three levels:

  • Low Risk — AI systems that do not directly affect people’s rights or safety and face the fewest requirements
  • Medium Risk — Systems that require impact assessments and supporting documentation
  • High Risk — AI systems used in healthcare, education, and finance that must be reviewed and registered before deployment

A Transition Period Businesses Need to Watch Closely

The law sets different transition periods depending on the industry:

  • 18 months for AI used in healthcare, education, and finance — reflecting the higher complexity and impact of these sectors
  • 12 months for all other industries

This means Thai businesses providing AI services or exporting AI products to Vietnam will need to comply with this law by 2027 at the latest.


South Korea — An AI Basic Act with Cross-Border Reach

South Korea moved quickly as well, bringing the AI Basic Act (AI Framework Act) into force on January 22, 2026. This makes South Korea one of the first countries in Asia to implement a broad AI law.

Key Points Businesses Need to Know

Requirements for “High-Impact AI” — The law defines a category of High-Impact AI covering systems used in healthcare, energy, and public services. Providers of these systems face stricter obligations around impact assessments, transparency, and accountability.

Mandatory Labeling for Generative AI — All content created by Generative AI must be clearly labeled as AI-generated, whether it is text, images, video, or audio. This is one of the strictest requirements in Asia.

Extraterritorial Application — This is especially important for Thai businesses. The AI Basic Act also applies to foreign AI providers offering services to users in South Korea. Similar to Europe’s GDPR approach, this means that if a Thai business operates an AI platform with users in South Korea, it must comply with this law too.


China — More Than 30 AI Standards with Severe Penalties

China has not waited to pass a single overarching AI law. Instead, it has taken a layered approach by continuously issuing standards and detailed regulations. In 2026, the country is expected to introduce more than 30 new standards covering areas from AI agents to datasets and beyond.

Penalties Serious Enough to Change Business Decisions

What makes China’s AI regulatory framework especially tough is the penalty regime:

  • Fines of up to RMB 50 million (around THB 250 million) or 5% of annual revenue, whichever is higher
  • Immediate power to suspend AI services — Regulators can order AI services to stop without waiting for court proceedings

For Thai businesses trading with China or using AI platforms from China, these developments require close attention. Non-compliance could directly affect their ability to operate in the Chinese market.


ASEAN and Thailand — From Voluntary Guidance to Enforceable Law

ASEAN Guide on AI Governance and Ethics

At the regional level, ASEAN updated its Guide on AI Governance and Ethics in 2025 to address Generative AI, based on seven key principles:

  1. Transparency — AI systems should be explainable
  2. Fairness — They should avoid discrimination and bias
  3. Security — They should be protected against attacks and misuse
  4. Reliability — They should perform accurately and consistently
  5. Human-Centricity — AI should augment people, not replace them
  6. Privacy — Personal data must be protected
  7. Accountability — There must be clear responsibility when problems occur

However, ASEAN’s guidance remains voluntary and non-binding, meaning there are no penalties for not following it. Still, it serves as a policy compass for member states as they draft their own laws.

Thailand — Moving Forward Carefully

Thailand is gradually moving from voluntary guidance toward enforceable law through several mechanisms at the same time:

  • Draft Royal Decree on AI System Service Business — currently under consideration and likely to become a major step toward a binding legal framework for AI
  • National AI Strategy and Action Plan (2022–2027) — setting the direction for Thailand’s AI development and governance
  • AI Ethics Guideline — an early foundation that reflects the government’s intent to build a responsible AI ecosystem

Although Thailand does not yet have a fully enforceable AI law, the direction is clear: it is moving along a path similar to Vietnam and South Korea.


Impact on Thai Businesses — 5 Things to Prepare for Now

1. AI service exporters will need to comply with multiple legal regimes

If a Thai company provides AI services to customers in Vietnam, South Korea, or China, it will need to comply with each country’s AI laws, all of which have different requirements. Managing multiple compliance frameworks at once will be a complex challenge.

2. AI content labeling is becoming the norm

Following the trend in South Korea and China, businesses using Generative AI to create content should start building AI-labeling processes now rather than waiting for Thai law to make it mandatory.

3. AI in healthcare, finance, and education will face the strictest scrutiny

Both Vietnam and South Korea are focusing heavily on AI used in high-impact sectors. Thai businesses in these industries should begin assessing the risks of their current AI systems and preparing proper documentation now.

4. Compliance costs will rise, but it is still a worthwhile investment

Complying with AI laws requires resources for risk assessments, documentation, and system improvements. But compared with the cost of non-compliance—especially in China, where fines can reach THB 250 million—proactive investment is far more cost-effective.

5. Early movers will have a competitive advantage

Businesses that start building AI governance frameworks today will be in a much stronger position when Thai AI law becomes enforceable. They will not need to scramble at the last minute and can use compliance as a trust-building advantage with customers and overseas partners.


Key Takeaways

The year 2026 marks a clear turning point. AI regulation in Asia is no longer a question of “if” but of “when” and “how strict.”

Vietnam has shown that ASEAN countries can pass standalone AI legislation. South Korea has demonstrated that AI law can have cross-border effect. China has made it clear that penalties for non-compliance can be severe.

For Thai businesses, the question is no longer whether to comply, but how to start preparing in time. Building a strong AI governance framework today does more than reduce legal risk—it also strengthens credibility and creates long-term competitive advantage.

If your organization is looking for guidance on AI governance readiness or needs expert support in assessing the risks of your current AI systems, contact the Enersys team to speak with our specialists.


References

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