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STATEMENT ON FOREIGN INVESTMENT LAW
OF MYANMAR
The Government of the Union of Myanmar has been striving
hard to promote all round development of national economy to
improve provisions of food, clothing and shelter for the
people so as to ameliorate their living standards. In this
connection steps have been taken to ensure mass
participation with maximum utilization of the faculties of
people and induce foreign investment on the basis of
equality and mutual benefit.
The Government has also envisaged such policy objectives as
exploitation of abundant resources of the country with a
view to catering to the needs of the nation in the first
instance; exporting whatever surplus available; creation of
new employment as the economic activities expand so that
especially young people would have great job opportunities
and privileges of learning on-job training as well as
technical training both inland and abroad; economic and
social development of various regions of the State along
with expansion and improvement of transport and
communications.
Foreign investors who invest and operate on equitable
principles would be given the right to enjoy appropriate
economic benefits, to repatriate them, and to take their.
Legitimate assets back home on closing of their business.
They would also be given proper guarantee by the Government
against nationalization of their business in operation. All
these rights and privileges would be granted in the interest
of the Union of Myanmar and its people.
THE UNION OF MYANMAR
FOREIGN INVESTMENT LAW, PROCEDURES
AND
TYPES OF ECONOMIC ACTIVITIES
ALLOWED FOR
FOREIGN INVESTMENT
March 1996
At present, enquiries are being made by foreign companies
and persons wishing to make investments in the State in a
reasonable manner. Similarly, enquiries and contacts are
also being made by citizens. It is desirous that a
Commission of a high caliber be formed so as to scrutinize
the proposals and to co-ordinate all matters concerning
enterprises which may be permitted.
As it is necessary to make legal provisions for the
above-mentioned matter, the State Law and Order Restoration
Council has enacted the Foreign Investment Law.
The State Law and Order Restoration
Council
The Union of Myanmar Foreign Investment Law
[The State Law and Order Restoration Council Law No. 10/88]
The 7 th waning day of Tazaungmon, 1350 B.E.
(30 th November,1988)
The State Law and Order Restoration Council hereby enacts
the following Law: -
CHAPTER I
Title and Definition
1. This Law shall be called the Union of Myanmar Foreign
Investment Law.
2. The following expressions contained in this Law shall
have the meanings given hereunder :-
(a) “Commission” means the Union of Myanmar Foreign
Investment Commission;
(b) “Government” means the Government of the Union of
Myanmar;
(c) “Citizen” includes an associate citizen or a naturalized
citizen. The said
expression also include an economic organization
formed with local investment
only;
(d) “Foreign” means a person who is not a citizen. The said
expression also includes
an economic organization formed with foreign
investment only;
(e) “Promoter” means any citizen or any foreigner submitting
an investment proposal
to the Commission;
(f) “Proposal” means the prescribed application submitted by
a promoter to the
Commission for approval of an intended investment and the
accompanying draft
contract;
(g) “Permit” means the order in which the approval of the
Commission of a proposal is
expressed;
(h) “Foreign Capital” includes the following which are
invested in an economic
enterprise by any foreign under a permit:-
- foreign currency;
- property actually required for the enterprise and
which is not available within
the State such as machinery, equipment ,
machinery components, spare parts
and instruments;
- rights which can be evaluated such as licenses, trade
makes and patent rights;
- technical know-how;
- re-investment out of benefits accrued to the
enterprise from the above or out
of share of profits;
(i) “Investor” means a person or an economic organization
making an investment
under a permit;
(j) “Bank” means any bank of the State.
CHAPTER II
Applicable Economic Activities
3. This Law
applies to economic activities prescribed by the Commission
from time with the prior approval of the Government.
CHAPTER III
Basic Principles
4. Foreign
investments shall be made in accordance with the following
basic principles :-
(a) Promotion and expansion of exports ;
(b) Exploitation of natural resources which require heavy
investment ;
(c) Acquisition of high technology;
(d) Supporting and assisting production and services
involving larger capital;
(e) Opening up of more employment opportunities;
(f) development of works which would save energy
consumption;
(g) Regional development.
CHAPTER IV
Form of Organization
5. Foreign
investment may be made in any of the following forms :-
(a) Investment made by a foreigner to the extent of one
hundred per cent foreign
capital;
(b) Joint-venture made between a foreigner and a citizen.
6. (a) In forming under section 5:-
(i) A sole proprietorship, a partnership and a limited
company may be formed;
(ii) If a joint-venture is formed the foreign capital shall
be at least 35 per cent of the
total capital.
(b) In forming as mentioned above, in carrying out the
business and in liquidation on the termination of business,
other existing laws of the State shall be complied with.
CHAPTET V
Formation of the Commission
7. The
Government shall form the Commission.
CHAPTER VI
Duties and Powers of the Commission
8. The
Commission may accept any proposal which in its opinion will
promote the interests of the State and which is without
prejudice to any existing law.
9. The
Commission shall in scrutinizing a proposal take into
consideration facts such as financial credibility, economic
justification of the business enterprise and appropriateness
of technology.
10. The
Commission shall issue a permit to a promoter, on a proposal
being accepted.
11. In case
an extension, relaxation or amendment of the term of the
permit or the agreement is submitted by those concerned, the
Commission may allow thereof as it may deem appropriate.
12. The
Commission shall take necessary and prompt action in respect
of complaints made by investors on failure to receive fully,
benefits entitled to under this Law.
13. The
Commission may, at any time require a promoter or an
investor to furnish such evidence or facts as the Commission
may deem necessary.
14. The
Commission may, for the purpose of carrying out the
provisions of this Law form such committees and bodies as
may be necessary.
15. The
Commission may prescribe the bank which shall transact
financial matters under this Law.
16. The
Commission shall, from time to time report its performance
to the Government. It shall also recommend to the Government
measures necessary to facilitate and promote foreign
investments.
CHAPTR VII
Contracts
17. In
forming an economic enterprise under a permit, contracts
shall be executed as may be necessary.
18. The
Commission may, upon application by those concerned allow
the extension, relaxation or amendment of the term of a
contract or agreement as may be appropriate.
CHAPTER VIII
Insurance
19. An
economic organization formed under a permit shall effect
insurance with Myanmar Insurance Corporation in respect of
the prescribed types of insurance.
CHAPTER IX
Appointment of Personnel
20. In
appointing personnel in an economic organization formed
under a permit, preference shall be given to citizens,
provide that the Commission may, if necessary, allow the
appointment of experts and technicians from abroad.
CHAPTER X
Exemptions and Reliefs
21. The
Commission shall, for the purpose of promoting foreign
investment within the State, grant the investor exemption or
relief from taxes mentioned in sub-section (a) out of the
following exemptions or reliefs from taxes. In addition the
Commission may grant any or more than one or all of the
remaining exemptions or reliefs from taxes :-
(a) In respect of any enterprise for the production of goods
or services, exemption from income-tax for a period
extending to 3 consecutive years, inclusive of the year of
commencement of production of goods or services; in case
where it is beneficial for the State, exemption or relief
from income-tax for a further reasonable period depending
upon the success of the enterprise in which investment is
made;
(b) Exemption or relief from income-tax on profits of the
business if they are maintained in a reserve fund and
re-invested therein within 1 year after the reserve is made;
(c) Right to accelerate depreciation in respect of
machinery, equipment, building or other capital assets used
in the business, at the rate fixed by the Commission to the
extent of the original value for the purpose of income-tax
assessment;
(d) If the goods produced by any enterprise are exported,
relief from income-tax up to 50 percent on the profits
accrued from the said export;
(e) Right of an investor to pay income-tax payable to the
State on behalf of foreigners who have come from abroad and
are employed in the enterprise and the right to deduct such
payment from the assessable income;
(f) Right to pay income-tax on the income of the
above-mentioned foreigners at the rates applicable to the
citizens residing within the country;
(g) Right to deduct from the assessable income, such
expenses incurred in respect of research and development
relating to the enterprise which are actually required and
are carried out within the State;
(h) Right to carry forward and set-off up to 3 consecutive
years from the year the loss is sustained in respect of such
loss sustained within 2 years immediately following the
enjoyment of exemption or relief from income-tax as
contained in sub-section (a), for each individual
enterprise;
(i) Exemption or relief from customs duty or other internal
taxes or both on machinery, equipment, instruments,
machinery components, spare parts and materials used in the
business, which are imported as they are actually required
for use during the period of construction;
(j) Exemption or relief from customs duty or other internal
taxes or both on such raw materials imported for the first 3
years’ commercial production following the completion of
construction.
CHAPTER XI
Guarantees
22. The
Government guarantees that an economic enterprise formed
under a permit shall not be nationalized during the term of
the contract or during extended, if so extended.
23. On the
expiry of the term of the contract, the Government
guarantees an investor of foreign capital, the rights he is
entitled to, in the foreign currency in which such
investment was made.
CHAPTER XII
Foreign Capital
24. The
Commission shall evaluate the foreign capital in terms of
kyat in the manner prescribed, and register it in the name
of the investor. In so registering, the types of the foreign
capital and the type of the foreign currency evaluated shall
be stated.
25. In the
event of termination of business, the person who has brought
in foreign capital may withdraw as foreign capital which he
is entitled to withdraw as prescribed by the Commission
within the time stipulated.
CHAPTER XIII
Right to Transfer Foreign Currency
26. The
following shall be transferable abroad in the relevant
foreign currency through the bank prescribed by the
Commission, at the prevailing official rate of exchange:-
(a) Foreign currency entitled to by the person who has
brought in foreign capital;
(b) Foreign currency permitted for withdrawal by the
Commission to the person who
has brought in foreign capital;
(c) Net profits after deducting from the annual profits
received by the person who
has brought in foreign capital, all taxes and the prescribed
funds;
(d) Legitimate balance, after causing payment to be made in
the respect of taxes and after deducting in the manner
prescribed, living expenses incurred for himself and his
family, out of the salary and lawful income obtained by the
foreign personnel during performance of service in the
State.
CHAPTER XIV
Matters Relating to Foreign Currency
27. An
economic organization formed under a permit shall open in
the bank prescribed by the Commission, a foreign currency
account in the type of foreign currency accepted by the
bank, and a kyat account and carry out all financial
transactions relating to the business enterprise.
28.
Foreigners serving in any such economic organization shall
open a foreign currency account and a kyat account in any
bank prescribed by the Commission.
CHAPTER XV
General Provisions
29. The
Commission shall hold meetings in the manner prescribed.
30. The
decisions of the Commission made under the powers conferred
by this Law
shall be final and conclusive.
31. No
suit, prosecution or other proceeding shall lie against any
member of the Commission or committee or body or any public
servant for any act done in good faith under this Law.
32. For the
purpose of carrying out the provisions of this Law the
Government may prescribe such procedures as may be
necessary, and the Commission may issue such orders and
directives as may be necessary.
(Sd) SAW MAUNG
GENERAL
Chairman
The State Law and Order Restoration Council
~ ~ ~
PROCEDURES RELATING TO THE UNION OF
MYANMAR
FOREIGN INVESTMENT LAW
THE GOVERNMENT OF THE UNION OF MYANMAR
Notification No.xx/88
The 14 th waning day of Tazayngmon, 1350 B.E
(7 th December, 1988)
In exercise of the powers conferred under section 32 of the
Union of Myanmar Foreign Investment Law, the Government of
the Union of Myanmar prescribes the following procedures :-
CHAPTER I
Title and Definition
1. These procedures shall be called procedures relating to
the Union of Myanmar Foreign Investment Law.
2. The
expressions contained in these procedures shall have the
same meanings as are assigned to them in the Union of
Myanmar Foreign Investment Law. In addition, the following
expressions shall have the meanings given hereunder :-
(a) “Law” means the Union of Myanmar Foreign Investment Law;
(b) “Form” means the form attached to these procedures;
(c) “Member” means the Chairman or member of the Union of
Myanmar Foreign Investment Commission.
CHAPTER II
Formation of the Commission
3. The
Commission shall consist of the following persons :-
(a) Minister, Ministry of Planning and Finance
- Chairman
(b) Minister, Ministry of Trade …
- Member
(c) Minister, Ministry of Industry No. (1)
- Member
(d) Minister, Ministry of Industry No. (2)
- Member
(e) Minister, Ministry of Energy …
- Member
(f) Minister, Ministry of Agriculture and Forests
- Member
(g) Minister, Ministry of Transport and Communications
-
Member
(h) Minister, Ministry of Mines …
- Member
(i) Minister, Ministry of Construction
- Member
(j) Minister, Ministry of Livestock Breeding and Fisheries
- Member
(k) Minister, Ministry of Co-operative
- Member
4. The
Secretary of the Commission shall be appointed and assigned
duties by the Chairman of the Commission.
CHAPTER III
Economic Activities which may be
carried out
5. The
Commission shall with the prior approval of the Government
publish a list showing types of economic activities in which
foreign investment may be made. In connection with this
matter replies shall also be given when enquiries are made.
CHAPTER IV
Submission of Proposal
6. A
promoter shall state the following particulars in submitting
a proposal :-
(a) Name of promoter, citizenship, address, place of
business, place of incorporation, type of business;
(b) If investment is to be made by joint-venture,
particulars mentioned in sub-clause (a) relating to the
persons wishing to participate in the joint-venture;
(c) Evidence in support of sub-clause (a) or sub-clause (b);
(d) Commercial and financial references of the promoter or
persons wishing to participate in the joint-venture;
(e) Particulars relating to production or services
enterprise in which investment is to be made;
(f) Intended form of organization in which investment is to
be made in the State;
(g) If a partnership is to be formed, draft partnership
agreement, the ratio and amount of capital to be contributed
by the partners, the profit sharing ratio and the rights and
liabilities of the partners;
(h) If a limited company is to formed, draft contract,
drafts of the Memorandum of Association and Articles of
Association, authorize capital of the company, types of
shares, the number of shares to be subscribed by the
shareholders;
(i) Name, citizenship, address and designation of the
executives of the organization in which investment is to be
made;
(j) The total capital of the organization in which
investment is to be made, the ratio of local and foreign
capital, total amount of foreign capital to be brought into
the State, the value of the various types of foreign capital
and the period within which such foreign capital is to be
brought in;
(k) The intended term of investment, the period of
construction;
(l) Place or places in the State where investment is to be
made;
(m) Techniques and systems to be used in the production and
sale;
(n) The type and quantum of energy to be used;
(o) The quantity and value of the main machineries,
equipment raw materials and similar materials required to be
used during the period of construction;
(p) The type and area of land required;
(q) Volume and value of annual production of the enterprise
and volume and value of services;
(r) Annual requirement of foreign exchange to carry on the
business and the estimated amount of foreign exchange
earnings;
(s) Volume and value of goods to be sold locally and abroad
annually;
(t) The number, category and tenure of personnel required
locally and from abroad;
(u) Economic justification.
7. An
application containing the above particulars shall be made
in attached Form (1) and shall be signed in person by the
promoter and submitted. In addition, draft contract shall
also be submitted together with the said application.
8. If it is
an economic enterprise in which foreign capital to the
extent of one hundred per cent is brought in to the State
and invested, the promoter shall submit together with the
application, draft contract to be executed with an
organization determined by the Ministry concerned.
CHAPTER V
Scrutiny of Proposal
9. The
Commission shall scrutinize financial credibility in the
following manner :-
(a) In cases where necessary, to examine the audited annual
final accounts of the person who will bring in foreign
capital;
(b) To require Myanmar Foreign Trade Bank to make enquiries
through its foreign correspondent banks regarding the
business standing of the person who will bring in foreign
capital;
(c) To call for supporting evidence and to scrutinize the
same as to whether any citizen subscribing capital actually
has sufficient capital or not.
10. The Commission shall scrutinize the following
particulars with regard to the economic justification of an
enterprise in which investment is to be made :-
(a) estimated annual net profit
(b) estimated annual foreign exchange earnings and
requirements;
(c) recoupment period;
(d) prospects of new employment;
(e) prospects of increased national income;
(f) local and foreign market conditions;
(g) requirement for local consumption;
(h) prospects of foreign exchange savings.
11. The
Commission may form technical bodies as may be necessary in
order to scrutinize the appropriateness of technology.
12. The Commission shall scrutinize application containing
the proposal and the draft contract after obtaining the
opinion of departments of organizations concerned.
CHAPTER VI
Issue of Permit
13. On
approval of the proposal by the Commission, a permit in the
attached Form (2) shall be issued.
CHAPTER VII
Termination of Business before the
Expiry of its Term
14. On
submission of a desire to terminate the business by mutual
agreement before the expiry of the term of the contract, the
Commission may, based upon the following particulars
scrutinize as to whether or not it is correct and justified,
and allow the termination:-
(a) substantial and continuous losses in the enterprise;
(b) breach of the terms of contract by one of the parties to
the same;
(c) occurrence of force majeure;
(d) incapability of implementing the original aims and
objects of the enterprise.
CHAPTER VIII
Insurance
15. An
economic organization formed under a permit:-
(a) shall effect the following types of insurance with the
Myanma Insurance Corporation:-
1. Machinery Insurance;
2. Fire Insurance;
3. Marine Insurance;
4. Personal Accident Insurance.
(b) may effect the following types of insurance, if so
desired, with the Myanma Insurance Corporation:-
1. Contractors' All Risks Insurance;
2. Erection All Risks Insurance;
3. Electronic Equipment Insurance;
4. other insurance accepted by the Myanma Insurance
Corporation.
16. In effecting insurance the details shall be worked out
in consultation with the Myanma Insurance Corporation.
CHAPTER IX
Appointment of Personal
17. An
economic organization formed under a permit shall allow its
personnel to enjoy, at least, the workmen's rights contained
in the existing laws of the State.
18. The Commission shall, in permitting the appointment of
foreign experts and technicians, carry out the following:-
a. prescribing the type, number and term of the required
foreign experts and technicians according to the individual
business organization;
b. in cases where necessary, obtaining the opinion of the
Ministry of Labor.
19. An economic organization formed under a permit shall
have the right to fix the salary and wage rates of its local
personnel and foreign experts and technicians, to determine
the payment of such salary and wages in kyat or foreign
currency after consultation, and to terminate the services
of such personnel.
20. An
economic organization formed under a permit shall make
arrangements for local and foreign training so as to ensure
its local personnel proficiency in their work and promotion
to higher ranks of services.
CHAPTER X
Exemptions and Reliefs from Taxes
21. The
Commission may, either by notifying on its own motion or on
the application of the promoter or the investor, grant
exemptions or reliefs from taxes. In so granting, the type
of exemption or relief shall be specified. In necessary
cases the period for such enjoyment shall be stipulated.
Where rates of depreciation have been prescribed and allowed
on capital goods, such rates shall also be specified.
22. The
Commission on receiving the application may, after necessary
scrutinization as to whether it is justified or not, grant
such exemption or relief and period thereof, as may be
appropriate. Such exemption or relief shall be intimated to
the promoter or investor, and the departments and
organizations concerned.
23. In
allowing a deduction of expenses for research and
development relating to the enterprise from the assessable
income, the said allowance shall pertain only to those works
of research and development which cannot be conducted by any
department or organization of the State.
CHAPTER XI
Evaluation and Registration of Foreign
Capital
24. In
evaluating foreign capital in terms of kyat for the purpose
of registration by the Commission the following shall be
carried out:-
a. to cause to be brought in foreign currency in any type of
foreign currency acceptable to the Myanma Foreign Trade
Bank, and to evaluate the same at the prevailing official
rate of exchange;
b. to cause the value of the types of foreign capital other
than the foreign currency to be stated in any type of
foreign currency acceptable to the Myanma Foreign Trade Bank
and to scrutinize whether the value of the respective
foreign currency so stated is appropriate or not, and to
evaluate such values so scrutinized at the prevailing
official rate of exchange.
25. The
Commission shall register the type of re-invested foreign
capital in terms of kyat and in any type of foreign currency
acceptable to the Myanma Foreign Trade Bank.
CHAPTER XII
Right to transfer Foreign Currency
26. Foreign
currency entitled to be transferred abroad under section 26
of the Law shall be transferred through the Myanma Foreign
Trade Bank.
27. In
determining the net profits transferable abroad the
following funds shall be deducted:-
a. employees' bonus fund;
b. contribution made by the employer to the employees'
provident fund;
c. employees' social and welfare fund;
d. enterprise development fund;
e. such other funds as are required to be reserved according
to commercial practice.
28. In
deducting the living expenses of the foreign personnel and
of his family, the Myanma Foreign Trade Bank shall
scrutinize on the basis of the following:-
a. cost of accommodation:
b. cost of messing;
c. salary and wages paid to menials such as domestic help,
cook and driver;
d. household, medical and other expenses.
CHAPTER XIII
Matters relating to Foreign Currency
29. An
economic organization formed under a permit shall, for the
purpose of carrying out financial transactions such as
depositing, withdrawing and transferring foreign currency
and kyat relating to the business, open a foreign currency
account and a kyat account in the Myanma Foreign Trade Bank.
30. Foreigners serving in any such economic organization
shall open a foreign currency account and a kyat account in
the Myanma Foreign Trade Bank.
CHAPTER XIV
Meetings
31. The
Commission shall hold meetings at least twice a month.
32. The
Chairman of the Commission shall preside at the meetings.
When the Chairman is unable to attend, any member assigned
by him may preside at the meeting.
33.
Two-thirds of the members present at a meeting shall
constitute the quorum.
34. The
Commission shall make decisions by majority vote of the
members present at the meeting.
35. The Commission may invite to the meeting such persons as
are required.
By Order,
(Sd) MAUNG KO
Secretary
The Government of the Union of Myanmar
~ ~ ~
The Government of the Union of Myanmar
Notification
No.3/93
Yangon. The 1 st Waxing Day of Kasone 1355 M.E
(21 st April, 1993)
Amendment of clauses 3 and 4 of the
Procedures Relating to the Union of Myanmar Foreign
Investment Law.
1. As the State Law and Order Restoration Council has
re-organized the Ministry of Planning and Finance into the
Ministry of National Planning and Economic Development and
the Ministry of Finance and Revenue by Notification No.12/93
of 17 th February, 1993, the Government of the Union of
Myanmar hereby amends clauses 3 and 4 of the Procedures
Relating to the Union of Myanmar Foreign Investment Law as
follows :-
2. The Commission shall consist of the following persons :-
(a) Deputy Prime Minister
Chairman
(b) Deputy Prime Minster
Vice-Chairman
(c) Minister, Ministry of Industry No.1
Member
(d) Minister, Ministry of Forestry
Member
(e) Minister, Ministry of Agriculture
Member
(f) Minister, Ministry of Hotels and Tourism
Member
(g) Minister, Ministry of Trade
Member
(h) Minister, Ministry of Mines
Member
(i) Minister, Ministry of Transport
Member
(j) Minister, Ministry of Livestock
Breeding and Fisheries
Member
(k) Minister, Ministry of Energy
Member
(l) Minister, Ministry of Industry No.2
Member
(m) Minister, Ministry of Finance and Revenue
Member
(n) Minister, Ministry of Co-operatives
Member
(o) Minister, Ministry of National Planning and
Secretary
Economic Development
(p) A person assigned responsibility by the Chairman
Joint-Secretary
3. The office work of the Commission shall be undertaken by
the Ministry of National Planning and Economic Development.
By order,
(Soe Tint)
Secretary
The Government of the Union of Myanmar
~ ~ ~
The Government of the Union of Myanmar
Notification
No.10/93
Yangon. The 7th Waning Day of Second Waso,
1355 M.E
(9 th August, 1993)
1. The Government of the Union of Myanmar has amended
clauses 3 and 4 of the Procedures Relating to the Union of
Myanmar Foreign Investment Law by Notification No.3.93 of
21st April, 1993.
2. The following person is hereby added as a member to the
number of persons consisted in the Union of Myanmar Foreign
Investment Commission under clause 2 of the aforesaid
Notification.
Minister
Member
The Prime Minister’s Office
By order,
(Sue Tint)
Secretary
The Government of the Union of Myanmar
~ ~ ~
THE UNION OF MYANMAR
FOREIGN INVESTMENT COMMISSION
NOTIFICATION NO.1/89
TYPES OF ECONOMIC ACTIVITIES
ALLOWED FOR FOREIGN INVESTMENT
(30 TH MAY, 1989)
The Union of Myanmar Foreign
Investment Commission
Notification No 1/89
11 the Waning Day of Kasson , 1351 B.E
(30th May, 1989)
Subject : Types of economic activities
allowed for foreign investment
The Union of Myanmar Foreign Investment Commission in
exercise of the powers conferred under Chapter III,
paragraph 5 of the Procedures Relating to the Union of
Myanmar Foreign Investment Law, and with the approval of the
Government, announces the following list of economic
activities in which foreign investment may be made :-
List of Economic Activities
| |
Reno |
Type of Economic Activities |
| |
(1) |
(2) |
| |
1
2
3
4
5
6
7
8
9 |
1
2
1
2
3
4
1
2
3
4
1
2 3
1
2
3 4
5
6
7
1
2
3
4
1
2
1
2
3
4
5
1
2
3
1
2
3
4
5
1
2 3
4
5
1
2
1
2
3 4
5
6 7
8 9
10
1
2
3
4
1
2
3
4
5
6
7
8 9
10 11
12
13
14 15
16
17
1
2
1 2
3 4
1
1 |
Agriculture
Cultivating, producing, processing and marketing of
seasonal agricultural crops (including tapioca and
tobacco).
Establishing of plantations, (including medicinal
plants, coffee, tea, palm oil, horticulture, etc.)
and producing, processing and marketing of their
produce.
Livestock and Fishery
Livestock breeding, processing, canning and
marketing of livestock and its products (including
pig breeding and pork processing, etc.).
Production and marketing of animal feeds, additives,
supplements and veterinary medicines.
Breeding, fishing, processing, and marketing of
fresh water and marine fish, prawns and other
aquatic organisms including fish fry, fingerlings,
post larvae of shrimp, but not including breeding
and production of fish and prawns in fisheries which
have been reserved for research by the Government.
Production, processing, marketing of all kinds of
fish feeds.
Forestry
Production and marketing of basic construction
materials, furniture, parquet etc., using teak
extracted and sold by the State-owned economic
organizations. (To be carried out jointly with the
State-owned economic organizations.)
Production and marketing of carvings and handicrafts
made of teak that has been extracted and sold by
State-owned economic organizations engaged in the
extraction and marketing of the same.
Production, processing and marketing of hardwoods
(other than teak), bamboo, cane/rattan and other
forest produce.
Production and marketing of construction material,
furniture and other products using hardwoods (other
than teak), bamboo, cane/rattan and other forest
produce.
Mining
Exploration, exploitation, production and marketing
of non-metallic industrial, industrials, such as
coal, limestone, gypsum, etc.
Marble quarrying and production and marketing of
marble blocks and stabs.
Carrying out other quarrying industries and
marketing of products thereof.
Industry
(1) Foodstuff
Manufacturing and marketing of bakery products
including biscuits, wafers, noodles, macaroni,
spaghetti, etc.
Manufacturing and marketing of all kinds of
confectionery including those of sweets, cocoa, and
chocolate.
Preserving, manufacturing, canning and marketing of
other food products.
Processing manufacturing and marketing of oil and
fats from vegetables, animals and other substances.
Manufacturing and marketing of soft beverages,
aerated and non-aerated products.
Manufacturing and marketing of malt and malt liquors
and other brewery products.
Distilling, blending, rectifying, bottling and
marketing of all kinds of sprits, beverages and
non-beverages.
(2) Textile
Combing, spinning, weaving, finishing and marketing
of textile materials of cotton, jute, silk, wool,
synthetic fibers, mixed fibers and other fibers of
all kinds.
Manufacturing and marketing of made up apparel of
all kinds including knitwear.
Manufacturing and marketing of made up apparel
materials of all kinds including towels, linens of
all kinds, rug and carpets.
Manufacturing and marketing of cordage, rope and
twine of all kinds.
(3) Personal Goods
Manufacturing and marketing of soap of all kinds,
dentifrices, cosmetics, perfume and toilet
preparations.
Manufacturing and marketing of all kinds of personal
goods not elsewhere specified, including umbrella,
safety matches, etc.
(4) Household goods
Manufacturing and marketing of household goods such
as textiles, glass, plastic, melamine, metal
products, ceramic and earthenware.
Manufacturing and marketing of non-electrical
household goods such as enamelware, cutlery,
crockery of all kinds.
Manufacturing and marketing of electrical household
goods and appliances, such as refrigerators, air
conditioners, hot plates, irons, cookers, fans and
other home use appliances.
Manufacturing and marketing of radios, transistors,
television receivers, videos, etc.
Manufacturing and marketing of electrical fittings
and fixtures, electric lamps, bulbs and tubes, etc.
(5) Leather Products and the Likes
Processing of hides, skins and leathers of all
kinds, excluding synthetic leather, and
manufacturing and marketing thereof, including foot
wears, handbags, etc.
Processing of synthetic and artificial leather and
manufacturing and marketing thereof, including foot
wears, handbags, etc. .
Processing and marketing of furs and skins not
elsewhere specified.
(6) Transport Equipment
Manufacturing and marketing of bicycles, tricycles,
and other cycles of all kinds, component parts and
accessories.
Manufacturing and marketing of scooters, motor
cycles, mopeds, etc., component parts and
accessories.
Manufacturing and marketing of motor cars, buses,
trucks, vans, wagons, component parts and
accessories.
Manufacturing and marketing of tractors of all
kinds, ambulances, fire engines, dump trucks,
bowsers and other occupational motor vehicles,
component parts and accessories.
Manufacturing and marketing of tyres, tubes and
flaps for all kinds of vehicles and other purposes.
(7) Building Materials
Manufacturing and marketing of bricks, tiles, floor
titles and wall tiles, refractory bricks, etc.,
Manufacturing and marketing of asbestos building
materials of all kinds.
Manufacturing and marketing of cement of all kinds,
cement products, lime, plaster and related
manufactures.
Manufacturing and marketing of pre-stressed concrete
pipe, plant and other concrete products.
Manufacturing and marketing of all kinds of glass
and glass products.
(8) Pulp and Paper
Manufacturing and marketing of pulp of all kinds,
paper and paper board of all kinds including
newsprint.
Manufacturing and marketing of paper, paper board
including carbon paper, waxed paper, toilet paper,
etc.
(9) Chemicals, Chemical Products and
Pharmaceuticals
Manufacturing and marketing of all kinds of basic
chemicals, organic and inorganic including caustic
soda, chlorine, stearic acid, etc.,
Manufacturing and marketing of all kinds of light
chemicals, not elsewhere specified.
Manufacturing and marketing of all kinds of plastic
wares.
Manufacturing and marketing of chemical products,
such as paint, varnishes, dyes, thinner and
lacquers, etc.,
Manufacturing and marketing of industrial chemical
gases including compressed, liquefied and solid
forms.
Manufacturing and marketing of ice in all forms.
Manufacturing and marketing of medicine,
pharmaceuticals and drugs, etc.
Manufacturing and marketing of insecticides,
pesticides, etc.
Manufacturing and marketing of rubber products.
Recycling of chemicals, plastic wastes and others,
and marketing.
(10) Iron and Steel
Manufacturing and marketing of iron and steel
products, using iron and steel purchased from
State-owned economic organizations or from abroad.
Manufacturing and marketing of basic iron and steel
products using iron and steels purchased from
State-owned economic organizations or from abroad.
Manufacturing and marketing of basic non-ferrous
metal products of all kind using metal purchased
from State-owned economic organizations or from
abroad.
Manufacturing and marketing of pre-fabricated and
structural products of all kinds including
construction and building parts.
(11) Machinery and Plant
Manufacturing and marketing of all kinds of
agricultural machinery and agricultural equipment.
Manufacturing and marketing of all kinds of
machinery and equipment used for extraction of
timber.
Manufacturing and marketing of all kinds of mining
machinery and equipment.
Manufacturing and marketing of all kinds of
machinery and equipment for other industrial
purposes including wood-based industries.
Manufacturing and marketing of scientific, medical,
surgical, optical and all other professional
machinery, equipment and accessories.
Manufacturing and marketing of machinery, equipment
and accessories required for the production and
distribution of electricity including cable,
switches, transformer, generator, battery, etc.
Manufacturing of machinery, equipment and
accessories required for all kinds of
telecommunication including wireless sets,
telephone, etc. and marketing under the permission
of the Government.
Manufacturing and marketing of pumps of all kinds.
Manufacturing and marketing of all kinds of
machinery and equipment not elsewhere specified,
including piston, piston rings, injection pump and
nozzles, casting parts, forging parts, pressure
vessel, etc.
Manufacturing of small plants.
Manufacturing and marketing of all kinds of machine
tools.
Manufacturing and marketing of all kinds of cables,
ropes, twine, chain and similar products.
Manufacturing and marketing of cinematographic and
photographic films, cassette and video tapes and
related electronic and electrical products.
Manufacturing and marketing of clocks and watches of
all kinds.
Manufacturing and marketing of fountain pens, ball
pens, pencils, and similar writing gears.
Manufacturing and marketing of all kinds of toys,
mechanical and non-mechanical.
Manufacturing and marketing of machinery and
equipment not elsewhere specified.
Construction
Construction enterprises undertaking domestic and
overseas construction works.
Installation of machinery plants and equipment and
provision of trial and test run service.
Transport and Communications
Road transport and vehicles repair services.
Inland water transport services.
Dockyard services.
Shipping agency services.
Trade
Hotels and Tourist Industries.
Economic activities to which the State-owned
Economic Enterprises Law applies
Economic activities mentioned in section 3 of the
State-owned Economic Enterprises Law, provided
permission has been obtained under section 4 of the
said Law.
|
Note: If proposals for
economic activities not specified in the above
mentioned list are submitted, they will be
considered individually by the Union of Myanmar
Foreign Investment Commission.
By Order,
(Khine Khine)
Secretary
The Union of Myanmar Foreign Investment Commission
~ ~ ~
The Union of Myanmar Foreign
Investment Commission
Notification No.1/92
Yangon. 5 th Waxing day of Thadingyut 1354 M.E,
(1 st October, 1992)
Supplement of Types of Economic
Activities allowed for Foreign Investment
The Union of Myanmar Foreign Investment Commission
in exercise of the powers conferred under Section 3
of the Union of Myanmar Foreign Investment law and
the procedures under chapter 3 paragraph 5 of the
said Law, and with the prior approval of the
Government announces the following supplementary
list of economic activities under industry, as
Serial No.5 Sub-serial no. (3), under the heading
“Personal Goods” , in which foreign investment may
be made –
List of Economic Activities
| |
Sr.No |
Type of Economic Activities |
| |
(1) |
(2) |
| |
5
|
3
|
Industry
(3) Personal Goods
Manufacturing and marketing of jewellery |
By Order,
(Khine Khine)
Secretary
The Union of Myanmar Foreign Investment Commission
|
