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 […]

Draft Competition Rules 2017 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 […]

The Ministry of Transport and Communications (“MTC”) and Posts and Telecommunications Department (“PTD”) have finally come through the long process of obtaining government approval and issued the first batch of International Gateway (“IGW”) licenses. Around a dozen of companies have received their IGW licenses and new licenses will continue to be awarded. A glimpse at […]

Foreign investments in the media sector have not been active in Myanmar this year. One of the probable reason could be the lack of clarify over foreign ownership in this sector. In this brief we analyze the restriction over foreign ownership according to the laws and requirements from the particular authorities in Myanmar. Highlights Broadcasting […]

The National Assembly has passed Myanmar Companies Law (the “MCL”) after extensive debate on various aspects of Myanmar’s long awaited corporate reform. The Law is finally here, passed on 23 November, pending signing into law by the President. Key areas which were hotly debated in recent weeks included the highly contentious question of whether small […]

In our previous client briefing note, we outlined five key things to look forward to under the Myanmar Companies Law (“MCL”). Following on from this, and as part of our continued coverage of the MCL, we will outline five potential drawbacks with regard to the MCL and how they may affect companies in practice. 1. […]

Introduction: The end of the comprehensive overhaul of Myanmar’s corporate legal framework is finally in sight with an updated Companies Law (the “MCL”) approved by Myanmar’s Parliament. Once the MCL is signed into law by the President, the outdated Myanmar Companies Act of 1914 (the “1914 Act”) will be abolished, bringing Myanmar Companies Law in […]

Myanmar’s long awaited legal reform to its intellectual property framework is nearing completion with the recent announcement of a new draft of the Trademarks Bill (the “Bill”). Once enacted, the process for registering your trademark in Myanmar will be streamlined with a soon to be established Intellectual Property Office (“IPO”) replacing the comparatively weaker protection […]

Introduction: The ‘E-Government Master Plan’ (the “Plan”) is a recently launched initiative by the Myanmar Government which strives to provide a platform for the integration of Information and Communications Technology (“ICT”) into government policy, agencies and organizations. This ambitious plan envisages, among other things, to create a shared network infrastructure, Ministry specific applications and a […]

VDB-Loi’s comments on the draft Law on Registration of Deeds and the Law Amending the Farm Land Law have recently been submitted to the Amyotha Hluttaw (Lower House). As the situation currently stands, the Amyotha Hluttaw will submit VDB-Loi’s comments to the Pyithu Hluttaw (Upper House) with their additional commentary after discussions. Upon a recent […]

PTD speeds up licenses and reform What you can’t say or do when advertising your products or services Access to personal electronic data: Now the law says you need permission Some Regulatory points of attention for telecom M&A and contracting in Myanmar How to negotiate a spectrum license in Myanmar? Myanmar opens applications for international […]

August was a busy month at the National Assembly with most attention going to amendment of the Telecom Law. Central to the amendment are the harsh sanctions on defamation and misinformation using telecommunication means, presently a non-bailable offence. Legislators in both chambers are seeking to recalibrate the provision. Waterways were also discussed through the draft […]

The insurance sector in Myanmar is still in its infancy and dominated by the state owned enterprise, Myanma Insurance (“MI”). Through the Myanmar Insurance Law 1993, MI was empowered to engage in all insurance business activities, permit other insurance companies to issue the type of policies as MI authorizes, and monopolize third-party liability and re-insurance. […]

The Myanmar Investment Commission (MIC) has announced ten priority areas, according to a statement on the Directorate of Investment and Company Administration’s website. Investors submitting proposals in the area will be given priority, with foreign and local investors welcome to invest in the areas, the statement said.. It is not clear from the statement how […]

The Post and Telecommunications Department (PTD) has been active recently administering and issuing new licenses and pushing for regulatory reform. In this note we outline some key developments in the Myanmar telecom sector in that regard.

The measures which your business must take to ensure compliance with Myanmar law does not end with incorporation. In fact, the Consumer Protection Law, read with the recent Competition Law (effective February 2017) mean that you must now take additional precautions to ensure that your day to day business advertising and marketing are up to […]

The Pyidaungsu Hluttaw published a new law on 8 March, 2017, the Law Protecting the Privacy and Security of Citizens (Union Parliament Law 5/2017). This new law sets out general duties of relevant ministries and authorities to protect privacy and security of citizens, while a “citizen” is defined as “the person who is a citizen […]

In a move to expand the potential opportunities for foreign investors, the list of activities a foreign investor is allowed to carry out in Myanmar only under a joint venture (“JV”) with a Myanmar citizen or company, has been cut significantly. Highlights of this note Big Winners are Retail, Petroleum Products, Real Estate, Media and […]

On Friday March 31st 2017 the VDB Loi and Latham & Watkins hosted an event entitled “Government Guarantees for Public Private Projects in Myanmar” in Nay Pyi Taw, Myanmar. In attendance were H.E. Kyaw Win, Union Minister of Planning and Finance, U Aung Nai Oo, Director General DICA, U Win Khant, Permanent Secretary Ministry of Planning […]

In 2016, telecommunication sector attracted most foreign investment in Myanmar, according to MIC data, and this trend is expected to continue over the coming years. In this client briefing note, we explain ten tips for telecom contracting in Myanmar. Highlights of this note Make it clear who is responsible to get the license in a […]