Reforms Related with Investment

Similar documents
Doing Business in Myanmar. Aung Naing Oo Director General Directorate of Investment and Company Administration

THE FOREIGN INVESTMENT LAW (THE PYIDAUNGSU HLUTTAW LAW NO 21/2012) (2 ND NOVEMBER, 2012) (THE 3 rd WANING OF THADINGYUT, 1374 ME)

The Pyidaungsu Hluttaw enacted this law. Chapter (1) Title and Definition. 1. This law shall be called the Foreign Investment Law.

Doing Business in Myanmar. Thant Sin Kyaing Director Directorate of Investment and Company Administration

UNIVERSAL LINK SERVICE CO., LTD THINN HTUT THIDAR CEO UNIVERSAL LINK SERVICE CO., LTD

Benefit and Privilege for Foreign Investment in Myanmar. Aung Naing Oo Director General Directorate of Investment and Company Administration

Investment Climate in Myanmar U San Myint Deputy Director General Directorate of Investment and Company Administration

FDI in Myanmar and Its Outlook. Aung Naing Oo Director General / Secretary MIC

Myanmar Special Economic Zone Law, 2014 (2014, The Pyidaungsu Hluttaw Law No. 1/2014) 8 th Waning of Pyatho 1375 ME (2014, January 23)

THE UNION OF MYANMAR THE STATE PEACE AND DEVELOPMENT COUNCIL THE DAWEI SPECIAL ECONOMIC ZONE LAW

GOVERNMENT OF THE REPUBLIC OF THE UNION OF MYANMAR MINISTRY OF PLANNING AND FINANCE NOTIFICATION NO. [ ] /2017

Chapter I Title and Interpretation of these Rules. 1. These Rules shall be called the Myanmar Investment Rules.

DRAFT 3/ (Unofficial Translation of the Official Myanmar Version )

The State Law and Order Restoration Council hereby enacts the following Law:- CHAPTER I Title and Definition

Myanmar s competitiveness & Investment opportunities (Understanding Business Regulations)

Myanmar Investment Law Updates

FDI in Myanmar and Its Outlook. Aung Naing Oo Director General / Secretary MIC

THE UNION OF MYANMAR FOREIGN INVESTMENT LAW (1988)

Investment Trend and Economic Situation in Myanmar

LAW ON INVESTMENT. National Assembly of the Socialist Republic of Vietnam Legislature XI, 8 th Session

MYANMAR LEGAL. Fb February Albert T. Chandler 2/ /F Bubhajit Building 20 North Sathorn Road Bangkok 10500, Thailand.

Myanmar Investment Law (The Pyidaungsu Hluttaw Law No. 40/2016) The 2 nd, Waning of Thadingyut, 1378 M.E. (18, October, 2016)

Law On Foreign Investment Promulgated

MYANMAR. The New Foreign Investment Law - An analysis. Issue 2: November Overview. Next steps

GOVERNMENT DECREE PROVIDING DETAILED REGULATIONS ON THE IMPLEMENTATION OF THE LAW ON FOREIGN INVESTMENT IN VIETNAM

Myanmar. UNCTAD Compendium of Investment Laws. Myanmar Investment Law (2016) Official translation

Establishing a Corporate Set-Up in Myanmar Updated: March 2016

MYANMAR LEGAL. Myanmar Upstream Oil & Gas Sector. July 2013

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness. General Provisions

Myanmar Upstream Oil & Gas Sector

LAW ON INVESTMENT TABLE OF CONTENTS

Provisions of the State Council Concerning the Encouragement of Investment in Developing Hainan Island (Promulgated on May 4, 1988)

CAS & Associates. Doing Business in Myanmar

Positioning Myanmar as an attractive new investment destination in Southeast Asia

Released in July 2002 (new)

Legal and tax framework for setting up pharma and healthcare projects in Myanmar Sebastian Pawlita 20 February 2015

Myanmar Legislation, Tax and Accounting Systems. 12 July 2013 Wirat Sirikajornkij

Outlines. Myanmar Until Investment Related Reforms Policy Change Legal Framework (MIL & MCL) Regulatory Framework Institutional Framework

Foreign Investment Law of Mongolia

Business Opportunities In Ghana

The Minimum Wage Law, 2013

Presented by U Sann Htun Managing Director(Retd) No.3 Mining Enterprise

Construction projects, Oil & Gas, Mining, Export Processing Zones, Ports and Power in Myanmar James Finch, Partner

Investment in Myanmar Tax updates. 16 August 2017

LAO PEOPLE S DEMOCRATIC REPUBLIC LAW ON THE PROMOTION AND MANAGEMENT OF FOREIGN INVESTMENT IN THE LAO PEOPLE S DEMOCRATIC REPUBLIC

THE NEW GENERATION OF BUSINESS LAWS

Chapter 3 Evaluation of the New Foreign Investment Law in Myanmar: Is it Market-Friendly, or Not? Masami Ishida

Doing Business in Myanmar: An Introduction

by Pedro Jose Fausto Bernardo, Kelvin Chia Yangon Ltd

FDI in Myanmar and Its Outlook. Aung Naing Oo Director General / Secretary MIC

MYANMAR SCHEDULE OF SPECIFIC COMMITMENTS

Trading in Myanmar: Understanding the Import & Export Payment System in Myanmar. Myanmar Private Sector Investment Summit

DOING BUSINESS IN MYANMAR MYANMAR LEGAL SERVICES LTD

Permitting wholesale and retail within the country by foreign companies and joint venture companies

DECREE No. 108/2006/ND-CP OF SEPTEMBER 22, 2006, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE INVESTMENT LAW THE

Mongolian Law Updates: Recent Key Changes (since 2013)

Egypt enacts new investment law to promote foreign investments

Changes and Challenges: Acquisitions and Investments in Myanmar

THE REPUBLIC OF SOMALILAND

2. Companies applying for Fiscal Incentives are required to complete in full:

Investing in Myanmar. February kpmg.com/mm

Law on the Administration of Free Trade-Industrial Zones of the Islamic Republic of Iran

Aung Naing Oo Director General Directorate of Investment and Company Administration

COMPILATION OF LAWS AND REGULATIONS

LOCAL CONTENT. Tanzania - Petroleum

An Analysis of Myanmar's Trade Flows

Prime Minister s Office No /PM

The Microfinance Business Law (The Pyidaungsu Hluttaw Law No. 13 /2011 ) The 5th Waxing Day of Nadaw 1373 M.E. ( 30th November, 2011 ) The Pyidaungsu

Table of Content. Foreword

ON STRATEGIC INVESTMENTS IN THE REPUBLIC OF KOSOVO. Based on Article 65 (1) of the Constitution of the Republic of Kosovo,

STROHAL LEGAL GROUP. Fundamentals of Market Entry in Myanmar

LINCOLN LEGAL SERVICES (MYANMAR) LIMITED

Mongolia. UNCTAD Compendium of Investment Laws. Law On Investment (2013) Unofficial translation

MYANMAR. Manufacturing Sector. Sector. Sub-Sector

How CETA Will Benefit the

Guide to Doing Business in Kuwait

Myanmar s New Foreign Investment Law

Unofficial Translation INVESTMENT PROMOTION ACT, B.E (1977) 1

Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures

LINCOLN LEGAL SERVICES (MYANMAR) LIMITED

LAW OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA OF THE HWANGGUMPHYONG AND WIHWADO ECONOMIC ZONE

INVESTMENT PROMOTION ACT (Title amend., SG 37/04)

INVESTMENT PROMOTION ACT B.E. 2520

Sierra Leone. UNCTAD Compendium of Investment Laws. Investment Promotion Act, 2004 (2004)

New Terms & Conditions for Retail / Wholesale Activities in Myanmar

DOING BUSINESS IN PANAMA

ACT 478 GHANA INVESTMENT PROMOTION CENTRE ACT, 1994 ARRANGEMENT OF SECTIONS

INVESTMENT PROMOTION ACT 1977 [1]

Investing in Myanmar. July kpmg.com/mm

Introduction to Doing Business in Myanmar.

Investing in the Mining sector in Tanzania. 1. Relevant Authorities and Legislation Laws Regulating Mining Sector In Tanzania

Myanmar Laws, Regulations and Policies that every investor should know

SPECIAL ECONOMIC ZONE APPLICATION FORM

MYANMAR. Solar PV in Myanmar

Protocol to Implement the Fifth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

DECREE 247 of 24 July on Applications According to the Act on Management Companies and Investment Funds

Securities Transaction Law (2013, Pyidaungsu Hluttaw Law No. 20) The 9 th Waning of Waso M.E (30 th July 2013)

COMMON CONVENTION ON INVESTMENTS IN THE STATES OF THE CUSTOMS AND ECONOMIC UNION OF CENTRAL AFRICA *

Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity

TREATY SERIES 2016 No. 14

Transcription:

Reforms Related with Investment Issued the notification No. 39/2011 relating to the right to use land Declared the notification no. 40/2011 relating to the foreign currencies Myanmar Investment Commission was reorganized with 11 members who are not only from Government Sector but also from private sector, academic field and researcher field. The Union of Myanmar Foreign Investment Law (FIL) was enacted on 30 November 1988 and the parliament has approved a new foreign investment law on 2 nd November 2012. The Special Economic Zone Law was also enacted in January 2011 and is now proceeding for amendment.

Foreign Investment Priority Areas labour intensive export-oriented projects resource-based export-oriented value-added projects Hi-tech and heavy investment

Form of Investment 2 A Citizen or Concerned Government Organization 100% Foreign Owned 1 Joint Venture 3 Any System Included in the Mutually Agreed Contract

Minimum Foreign Capital Requirements US Dollars 500,000/- for Manufacturing US Dollars 300,000/- for Service US Dollars 10 million for industrial mineral US Dollars 15 million for metallic mineral (Until the declaration of the required rules, regulations, procedures, orders, notifications and directives by the Ministry of National Planning and Economic Development)

Application for Permit In order to obtain a investment permit, an investor or promoter may apply investment proposal to MIC in accordance with the stipulations. The MIC;- (a) May accept or refuse the proposal within 15 days after making necessary scrutiny if the proposal submitted under section 19 is obtained; (b) Shall allow or refuse the proposal within 90 days to the person who submit the proposal if the proposal is accepted. If the investor or the promoter obtains the permit issued by MIC, an investment shall be established after concluding necessary contract with relevant Government department and organization or person and organization. MIC may, if it is applied by those relevant Government department, allow the extending, reducing, amending of the term of agreement contained in the Contract as appropriate in accord with this Law.

Document Requirement for Investment Proposal An application form 1 in which proposed activity/ area, form of investment, equity ratio, duration, estimated output, economic justification etc.,. A draft contract (100% or JV with a State organization or private company ) A draft land lease agreement(if required); For resource-based industries, to be submitted through concerned Ministry For other industries, to submit directly to MIC Draft Memorandum and Articles of Association if it is a limited company; Bank reference and recommendation regarding the potential foreign investor s business standing;

Appointment of Staff and Workers Appoint Citizens employees, technicians and service personnel for skilled businesses as follows : (a) First 2 years 25% (b) Second 2 years 50% (c) Third 2 years 75% Arrange to provide necessary vocational training and practicing training to Citizen staff for improvement of the working skills Appoint only Citizens for the works which do not require skill; Carry out labor recruitment through the Labour Exchange Office or local labour exchange agencies or by the arrangement of the investors; Appoint citizen skilled workers, technicians and staff by signing an employment agreement between the employer and worker in accord with the existing Labor Laws and Rules; Administer the rights of causing not to differ the level of wages in appointing the Myanmar citizen staff like the foreigner staff as the allocation of expert level.

Appointment of Staff and Workers (Cont.) The foreigners who work at the investment business under the permit shall submit and apply for the work permit and the local residence permit issued by the Union. The investor shall: (a) Conclude an employment agreement in accord with the stipulations in appointing staff and workers; (b) Carry out to enjoy the rights contained in the existing labour laws and rules including minimum wages and salary, leave, holiday, overtime fee, damages, workman s compensation, social welfare and other insurance relating to workers in stipulating the rights and duties of employers and workers or the occupational terms and conditions contained in the employment agreement; (c) Settle the disputes arisen among employers, among workers, between employers and workers and technicians or staff in accord with the relevant existing laws.

Applicable /restricted or prohibited Business Business stipulated by MIC, by notification, with the prior approval of Union Government Totally 11 restricted or prohibited businesses are designated as follow: Business which can affect the traditional culture and customs of the national races within the Union Business which can affect the public health Business which can cause damage to the natural environment and ecosystem Business which can bring the hazardous or poisonous wastes into the Union Factories which produce or the business which use hazardous chemicals under international agreements Manufacturing business and services which can be carried out by the citizens by issuing rules Business which can bring technologies, medicines, utensils paraphernalia which is testing in abroad or not obtaining the approval to use Business of farming agriculture, and short term or long term agricuture which can be carried out by citizens by issuing rules Business of breeding which can be carried out by citizens by issuing rules Business of the Myanmar Marine Fisheries which can be carried out by citizens by issuing rules Business of foreign investment to be carried out within 10 miles from borderline connecting the Union territory and other countries except the areas stipulated as economic zone with the permission of the Union Government MIC may allow the restricted or prohibited investments for the interest of the Union and Citizen especially the native people with the approval of the Union Government for the interest of the State and the People. MIC shall, the foreign investment business which can cause great effect on the conditions of security, economic, environment and social interest of the Union and citizens, submit to the Pyidaungsu Hluttaw through the Union Government.

Exemptions and Reliefs 5 years tax holiday Further tax exemption/relief for an appropriate period in case if it is considered beneficial for the State

Exemptions and Reliefs (Cont.) Exemption or relief from income tax on profit which is reinvested within one year. Right to accelerate depreciation in respect of capital assets used in business, at the rate fixed by the State for the purpose of income-tax assessment. Relief from income tax up to 50 percent on the profit from exports. Right to pay income tax of the foreign employees at the rate applicable to the citizens of Myanmar. Right to deduct the research and development expenditure. Right to carry forward and set off losses up to 3 consecutive years, from the year the loss is sustained.

Exemptions and Reliefs (Cont.) Exemption/Relief of Customs Duties and/or Other Internal Taxes Imported machinery & equipment - construction period Imported raw material - first 3 years of commercial production

Exemptions and Reliefs (Cont.) Exemption/Relief of Customs Duties and/or Other Internal Taxes Imported machinery & equipment (Increasing business investment during the specified period by the permission of the Commission) Exemption/Relief of Commercial Tax Exports

Guarantees No nationalization and expropriation. No termination during the permitted period. Right to repatriation.

Right to Use Land 50 Years (For Initial Period) Depending on the business, type of business and investment amount 10 Years (First Renewal) Land Lease 10 Years (Second Renewal)

Right to Transfer Foreign Currency Foreign currency entitled to by the person Foreign currency permitted for withdrawal by the MIC Net Profit Legitimate Balance Through The Banks that can Operate the Foreign Banking

The Myanmar Special Economic ZoneZone Law Production based businesses Services business Infrastructure construction businesses Other businesses - determined by the Central Body, with the approval of the Government.

Incentives under the SEZ Law Tax holiday - 5 years Second 5 years - 50% relief on income tax overseas sale products Third 5 years - 50% relief on income tax reinvestment obtained from export sale More applicable

Incentives under the SEZ Law Imported raw material Machineries Export Processing Zone Equipment Machineries Vehicles 5 years 50% exemption for the next 5 consecutive years

Industrial Zones Monywa, Kalay, (2) Magwe, Pakhokku, Yenanchaung (3) Mandalay, Myingyan, Meikhtila (3) Taungyi (1) Phaan (1) Pyay (1) Mawlamyine (1) Pathein, Myaungmya, Hinthada (3) Yangon (4) Myeik (1) 19 Industrial Zones are already developed

Industrial Zones 6 Industrial Zones to be established Muse (1) Mandalay (Yadana Pone) (1) Tatkone (1) Phaan (1) Ponnakyun (1) Myawaddy (1) Phaya Thone Zu (1)

Incorporation of Companies Laws related to incorporation of companies - The Myanmar Companies Act 1914, - Special Companies Act 1950, - Myanmar Companies (Amendment) Act 1955 and - Myanmar Companies regulations 1957. The Directorate of Investment and Company Administration is responsible for permission and registration of the incorporation of companies.

Incorporation of Joint Venture Company The Myanmar Companies Act Foreigner/Foreign Company + Myanmar Citizen/Company The 1950 Special Company Act Foreigner/Foreign Company + Myanmar Government / SOE

Business Permit According to the Section 27 (A) of the Myanmar Companies Act, No foreign company shall carry on or continue its business in the Republic of the Union of Myanmar unless it has obtained a permit from the Ministry of National Planning and Economic Development. Therefore, the foreign companies must follow the laws, rules, regulations and procedures for applying permit, the basic principles of allowing permit and the formal requirements.

Capital Brought In Industry and Manufacturing Business Hotel Business Construction Business US$ 150000 Services Travels and Tours Bank Representative Insurance Representative US$ 50000

Criterions of Investment Protection of investors Safeguard of environment conservation Deeply emphasize on social impact Transparency and accountability in financial matters Create job opportunities Abide existing labour law Support corporate social responsibilities consistent with regional and international standard and agreements Transfer of Technology

Market Economy All the entrances for sound business are opened Made reform for requirements and Extend Reduce the Centralization Reduce the barriers and bottleneck Cooperate the Public Private Partnership Invite the Foreign Direct Investment Active stakeholder support Facilitate Business and Facilitating Linkage

International Business Matchmaking Program Investment Seminars Consulting on Laws & Regulations Interpretation Identifying Partners / Match-Making Overseas Missions Consulting on Contract Negotiation

Thank You