Myanmar Approves 4 Gas/LNG to Power Projects (VDB Loi insights this month)


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From our Infrastructure, Real Estate and Construction Team
Myanmar Somewhat Unexpectedly Signs 4 Major LNG/Gas-to-Power Projects
The Ministry of Electricity and Energy (MOEE) has yesterday approved 4 large gas/LNG to power projects. The MOEE is using a new approval instrument which they call the “Notice to Proceed” (NTP).
From our Telecoms, Media and Technology Team
TMT and Competition Insight of January 2018: Competition rules, adjustment of licensing fees, quarterly report and universal service strategy

The Ministry of Commerce published the Draft Competition Rules 2017 on 29 December 2017. These are intended to implement the Competition Law 2015, which takes effect from February 2017. The Draft Competition Rules 2017 include articles on the formation and responsibilities of the Myanmar Competition Commission and the investigation committee, as well as the process of filing complaints and investigating and resolving disputes in relation to anticompetitive activities. Read more…

From our Labour Law Team
New Minimum Wage

The National Minimum Wage Determination Committee issued Notification 2/2015 on 28 August 2015 in which the Stipulation of Minimum Wage was announced at MMK3,600 (US$2.80) per day, calculated at a rate of MMK450 (US$0.35) per hour. Read more…

From our Energy and Natural Resources Team
From “MOA” to “NTP”: How Myanmar is Streamlining the Power Project Approval Process

The Ministry of Electricity and Energy (MOEE) is about to follow a new approval process for electricity generation projects, replacing the classic “Memorandum of Agreement” with a unilateral letter committing the Government to the project, calling this a “Notice to Proceed”. Read more…

From our Licensing Team
MONREC issues first ever Environmental Compliance Certificate

The Ministry of Natural Resources and Environmental Conservation (MONREC) has just issued what we were told is their first ever Environmental Compliance Certificate(ECC). The ECC is in a letter format and confirms that the applicant’s Environmental and Social Impact Assessment is in compliance with the requirements of the Law on Environmental Conservation (LEC). It is issued by the Minister’s Office of MONREC. Read more…

Updated list of MIC Team Members

The Union Government of Myanmar has issued an updated list of members for the Myanmar Investment Commission. This list is in effect starting from 18 January 2018. There are only a few changes compared to the previous list of members. Please see the list below. Read more…

According to Notification 5/2018 by the President of the Union of Myanmar, U Win Khaing, Union Minister of the Ministry of Construction and the Ministry of Electricity has been reappointed to the position of the Union Minister of the Ministry of Electricity and Energy. To access the original announcement, please click here.
  • Law amending the Union Auditor General Law (Law no: 2/2018)
    Law amending the Union Auditor-General Law has recently been enacted in order to complement the existing Union Auditor-General Law of 2010. The Union Auditor General is responsible to the president, and his main duty is to audit the accounts of receipts and expenditure of the Union Ministries as well as all government accounts. The amended law has been enacted to provide the Union Auditor General with additional powers, allowing for the auditing of government-related projects, including regional government projects.
  • Statistics Law (Law no: 1/2018)
    The Statistics Law 2018 has been newly enacted in order to modernize the system of collecting the data for the population census in Myanmar as well as the country’s economic statistics. The 2018 law aims to ensure an accurate analysis of Myanmar economics and social statistics. The Ministry of National Planning and Finance is responsible for the implementation of the law. The new 2018 Statistics Law repealed the Central Census Authority Act 1952.
  • Competition Rules 2017 (Notification no: 50/2017)
    The Ministry of Commerce finally enacted the Competition Rules in order to implement the Competition Law 2015. The Rules formed an investigation committee responsible for receiving complaints from consumers/competitors of businesses. In the Rules, the Ministry includes a more elaborate explanation of the complaints procedure and the investigation process which are set to prevent unfair competition in Myanmar’s economic sector.
  • Bill on 4th time amendment of Anti-Corruption Law
    The bill has been drafted in order to clamp down on corruption issues arising among the Ministries. The bill mainly focuses on the redefinition of the terms of the main Anti-Corruption Law of 2013. Notably, there are several additional provisions, including a provision for the protection of those who inform the government of corruption; the informants will also be rewarded by the government.
  • Bill on National Planning from April 2018 to September 2018
    The Parliament drafted the Bill on National Planning from April to September 2018 in order to observe and analyze current and future government projects in all economic sectors of Myanmar. The government aims to obtain a global view on the choice of prioritization of selected government projects during a specific period, in order to determine the best plan for Myanmar economic development.
  • Trend setting Asian bilateral DFI puts VDB Loi on retainer: After a rigorous comparison and selection process, our firm was selected as local counsel by the highly influential DFI of an Asian capital exporting country.
  • Hydropower consortium engages Energy Team: Two of the consortium partners of a large hydropower project have now retained VDB Loi to help restructure and adjust the project to new policies and preferences by the Ministry of Electricity and Energy.
  • Chinese financial institution retains VDB Loi: A financial institution from the PRC has engaged VDB Loi as local counsel for a financial transaction under consideration in the power sector.
  • European DFI chooses VDB Loi for financing transaction: A Development Financial Institution located in Europe has picked VDB Loi as its counsel to advise in connection with the funding of a microfinance company in Myanmar.
  • Distribution group seeks to restructure import structure: Our Corporate and our Tax teams are helping an import and trade group with the restructuring of their activity in Myanmar.
  • VDB Loi acts on labour dispute: Our Disputes team and partners are providing advice and representation to a corporate client embroiled in an employment disputes involving compensation.
  • Exim Bank’s Market Outreach Program for Healthcare Sector – Myanmar
    5 February 2018
    Yangon, Myanmar.

    More detail…
  • Myanmar Energy, Infrastructure and Construction Update
    20 February 2018
    Tokyo, Japan.

    More detail…
  • Cashing In: New Mechanisms for Direct and Indirect Cash Extraction Post 2017 Companies Law
    Date to be advised, Yangon, Myanmar
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  • Japanese tech giant retains VDB Loi for eGovernment project: Our TMT team is working flat-out for a technology provider looking to get into Myanmar’s eGovernment space. We advise on law and policy and we help liaise with regulators and Government project owners.
  • Commercial lawsuit: Our Disputes team will be assisting a foreign invested Myanmar player in the transportation sector to start a legal proceeding against one of its competitors.
  • LNG to Power project takes it up a notch: Our Infrastructure Real Estate Construction team and our Energy team are ramping up their services for a large LNG-to-Power project in Myanmar.
  • Japanese institution takes a shareholding in local holding company: Our Corporate M&A team is advising a Japanese institutional investor with purchasing a stake in a Myanmar investment company with participations in a range of sectors.
  • Asian hypermarket chain retains VDB Loi for possible market entry: Our Corporate M&A and our Licensing teams will be helping an Asian retail giant with its structuring options for a contemplated investment in Myanmar.
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