Financing and tax 2018 saw several changes to the tax regulations. The application of transfer pricing rules in Cambodia is now a reality. Starting from 2018, companies have to comply with the regulations issued in October 2017, which adopt the arm’s length principle in accordance with the OECD’s guidelines. The regulations left many questions unanswered, […]

Looking back, it is evident that 2018 has seen a lot of changes in the Myanmar legal framework. There is also a number of developments that can be expected in the near future. Banking regulations Until early November, foreign bank branches could only provide banking services to foreign companies, i.e., companies incorporated in Myanmar with […]

The new Myanmar Companies Law (“MCL”) introduced refreshed procedures and timing in terms of holding your Annual General Meeting (“AGM”) and filing an annual return in the Myanmar Companies Online (“MyCo”) system. The annual return form for overseas corporations (Form E-7) has been available in the MyCo system since 2 November 2018, while the  annual […]

Further to the amendment in 2018 of the Labor Law and Prakas 443 on seniority payment, which is applicable to all existing unlimited duration contracts (for more details, please see our Cambodia legal update here), the Ministry of Labor and Vocational Training (“MLVT”), through its information declaration on seniority payments dated 28 December 2018, has provided […]

The Ministry of Labour, Immigration and Population published the Leave and Holidays Rules (Notification 69/2018) and the Shops and Establishment Rules (Notification 68/2018) (the “Rules”) which implement the relevant laws. The Rules provide new forms for use by employers in lodgments to labor offices, and clarify entitlements relating to days off, public holidays, leave and […]

Seniority payment On 11 July 2018, the Labor Law was amended by Royal Decree (“Labor Law Amendment”), particularly Articles 89, 90, 91, 94, 110, 120, and 122. One notable amendment is the elimination of the “indemnity for dismissal”, which is equivalent to severance pay and paid upon employment termination only, and the introduction of the […]

The recently effective Myanmar Companies Law (the “MCL”) brings about groundbreaking changes to the corporate landscape in Myanmar, as it modernizes the rules related to entities (companies, branches and representative offices) conducting business in Myanmar. Despite the changes companies still need to act so they can reap the benefits of the new measures. In this […]

On 20 August 2018, the Ministry of Labor and Vocational Training (“MLVT”) issued notice No. 028 K.B./S.Ch.N (“Notice 028”) regarding approval requests for employing foreign employees (“Quota Approval”) and renewing work permits for 2019. According to Notice 028, employers or managers of any corporate entities employing foreign employees must apply for the 2019 Quota Approval […]

No sooner was the Myanmar Companies Law passed its effective date of August 1, 2018, when the Directorate of Investment and Company Administration (“DICA”) the company regulator in Myanmar, published an announcement on ‘Anti-corruption Code of Ethics for Companies and Body Corporates’ (the “Code”). But what exactly does the Code herald for businesses? In this […]

In June the President signed a new notification issuing guidelines to government departments and organizations in relation to the execution of international convention and ‘commercial contracts.’ The notification was published in the gazette last month, and aims to codify existing internal governmental practices. The Notification contains a number of new elements that local and foreign […]

The slogan of the Dutch tax authorities is “We can’t make it more fun, but we can certainly make it easier”. A fair, easy, predictable and efficient tax system is an important factor in attracting foreign investment. Highlights Speed up the signing of double taxation agreements Prioritize implementing advance tax rulings for investors so that […]

In preparation for the launch of the new electronic companies’ registry system, Myanmar Companies Online (“MyCO”), the Directorate of Investment and Company Administration (“DICA”) is preparing a set of prescribed forms to collect the information required to be submitted to the Companies Registrar under the Myanmar Companies Law 2017 (“MCL”). In order to raise public […]

Cambodia’s regulatory framework in the area of alternative dispute resolution has developed considerably. In the last few years, Cambodia has seen the first foreign arbitral award successfully enforced by the Cambodian courts and has also seen the first completion of domestic commercial arbitration cases. These developments have given investors, both foreign and local, increased confidence […]

The National Committee for The Minimum Wage (the “Committee”) publicized a Notification on 2 January 2018 in which a new minimum wage of MM4,800 per day, calculated at a rate of MMK600 per hour, was proposed. In relation to the previous effective Minimum Wage (MMK3,600 per day / MMK450 per hour), this represents an increase […]

Re-register or be ceased! Directorate of Investment and Company Administration (“DICA”) has issued a draft of the Companies Regulations 2018 called Myanmar Companies (Electronic Registry System and Miscellaneous Matters) Regulations 2018 (“Regulation”) with a commencement date of 1 August 2018. The Regulation is a continuation of the Myanmar Companies Law issued in 2017 and is […]

Further to its Notice No. 012/18 dated 29 March 2018, the Ministry of Labor and Vocational Training (“MLVT”) issued Notice No. 016/18 dated 25 April 2018 (“Notice 016”) to further extend the deadline to apply for renewal of foreign employees’ work permits. According to Notice 016, the previous deadline of 30 April 2018 is extended […]

On 7 March 2018, the Ministry of Commerce (“MOC”) issued Prakas No. 088 MOC (“Prakas 088”) regarding the filing of business association statutes. According to Prakas 088, as part of ongoing obligations after registration with the government authorities, all business associations must file their statutes with the MOC. The filing must include their statutes as […]

Good news for corporate entities that have not yet renewed the 2018 work permits for their foreign employees with the Ministry of Labor and Vocational Training (“MLVT”).On 29 March 2018, the MLVT issued Notice No. 012/18, extending the previous deadline of 30 March 2018 to 30 April 2018 to give employers more time to renew […]

Commercial Law – Filing Statute of Business Associations On 07 March 2018, the Ministry of Commerce (“MOC”) issued Prakas No. 088 MOC (“Prakas 088”) regarding filing statutes of business associations. According to Prakas 088, as part of ongoing obligations after registration with government authorities, all business associations, including foreign chambers of commerce, must file their […]

As part of ongoing efforts to strictly enforce work permit requirements, following a notice from the Office of the Council of Ministers, the Ministry of Interior (“MOI”) and the Ministry of Labor and Vocational Training (“MLVT”) issued a joint Prakas (No. 719 Br.K) dated 19 February 2018 (“Joint Prakas 719”) on the enforcement of foreign […]