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Tax on Specific Goods Law (2016)
Union Tax Law (2016)
The Payment of Wages Act (2016)
Financial Institution Law (2016)
Arbitration Law (2016)
Small and Medium Enterprise Development Law (2015)
Competition Law (2015)
The Myanmar Special Economic Zone Rules (2015)
Environmental Impact Assessment Procedures (2015)
The Law Amending the Commercial Tax Law (2014)
Consumer Protection Law (2014)
Environmental Conservation Rules (2014)
Myanmar Special Economic Zone Law (2014)
Law Amending the Income Tax Law (2014)
Microfinance Business Supervisory Committee Directive No. 1/2014
Microfinance Business Supervisory Committee Directive No. 2/2014
Minimum Wage Law in Myanmar (2013)
Employment and Skills Development Law (2013)
Central Bank Law (2013)
Security Exchange Certificate Transaction Law (2013)
The Income – Tax Regulation (2012)
The Foreign Exchange Management Law (2012)
The Export and Import Law (2012)
Income – Tax Rule (2012)
The Environmental Conservation Law (2012)
The Essential Supplies and Services Law (2012)
Farmland Law (2012)
The Vacant, Fallow and Virgin Lands Management Law (2012)
Microfinance Law (2011)
The Law Amending the Myanmar Stamp Act (2011)
Income Tax Law (2011)
The State-Owned Economic Enterprises Law (1989)
Commercial Tax Law (1990)
The Transfer of Immovable Property Restriction Act (1987)
The Myanmar Stamp Act (1899)

Tax on Specific Goods Law
Pyidaungsu Hluttaw Law No 11 of 2016
The 9 Waxing Day of Pyatho 1377 M.E.
18 January 2016
Pyidaungsu Hluttaw enacted this Law.

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Chapter 1
Name, Effective Date and Definitions
This Law shall be called Tax on Specific Goods Law.
The provisions of this Law shall be effective in the length and breadth of the country startingfrom 2016-2017 fiscal year.
The expressions in this Law shall have the definitions given hereunder:(a)Tax means tax imposed on specific goods payable under this Law. This expression
includes the fine and penalty charged under this Law.
(b)
Taxpayer means a person who is responsible to pay the tax according to this Law.
(c)
Specific goods means the goods mentioned in the Schedule of this Law.
(d)Manufacturing means the manufacturing of specific goods in one’s own factory or
workshop or establishment or by entrusting to other people. This expression includes
each manufacturing process in which goods are produced in natural way or bypreserving. Moreover:(1)distilling, re-distilling for refinery and addition of odour and taste,
fermentation, bottling, adding necessary ingredients for preparation ofbeverages and preserving in other manner;(2)preserving and altering tobacco leaves or tobacco raw materials into productsthat can be consumed, inhaled and chewed and producing cheroots, cigars,
cigarette and similar products by using tobacco; and(3)extracting and altering specific goods mechanically or manually or altering
their quality or nature or size or structure or combination and combining theirpart of parts.
(e)
Manufacturer means a person who manufactures specific goods in his/her own
factory or workshop or establishment or by entrusting to other people.
(f)Importer means a person who imports specific goods that are specified to be leviedwith taxes.
(g)
Sale means the sale of specific goods in down payment or instalment or suspended
payment or advance sale system.
(h)Owner of specific goods means a person who is in possession of specific goods.
This expression includes a representative who is authorized to manage specificgoods transferred by the owner or manufacturer or a beneficiary in connection withspecific goods.
(i)Traveler means a person who is in possession of evidence of going on foreign trip.
This expression includes people who is in possession of direct travelling tickets,
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(j)

(k)
(l)

(m)

(n)
(o)

(p)
(q)
(r)
(s)
(t)

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transits in the country according to the itinerary and will leave for another foreigncountry.
Landed cost means the sum mixed with the value determined according to custom
law for imported specific goods, the custom charged on such goods and unloading
expense.
Duty free shop means the shop that is authorized to operate and sell specific goods
to the travelers in line with the disciplines.
Selling price of factory, workshop and establishment means the selling price offactory, workshop and establishment without including the tax chargeable under thisLaw.
Market price means the retail selling price determined by supply and demand
without being controlled by the buyer and seller or the estimated selling pricecalculated according to the stipulations in any event where retail selling price cannot
be determined.
Declaration form means the form submitted by the taxpayer for production and saleof specific goods under this Law.
Assessment means the determination of tax payable by the taxpayer under this Law.
This expression includes the submission of declaration form and going under theassessment by taxpayers themselves after calculating the payable tax according tothis Law.
Year means fiscal year.
Ministry means Republic of the Union of Myanmar Government, Ministry of
Finance.
Department means Internal Revenue Department.
Director General means the Director General of Internal Revenue Department.
Township Revenue Officer means the in-charge officer of the relevant Township
Revenue Office who is assigned the duty of collecting taxes from the taxpayer. This
expression includes Heads of the staff who are assigned the duty of assessing andcollecting taxes at Large Taxpayer Revenue Office and Medium Taxpayer Revenue
Office.

Chapter 2
Charging the Tax and Responsibility(a)Any person who:(1)imports specific goods;(2)
manufactures them in the country; or(3)exports them shall be charged with tax according to the Schedule of this Law.
(b)
A person who possesses or owns specific goods for which tax has not been paid shallcomply with the provisions of this Law.
(c)
A person who imports, exports, manufactures or possesses specific goods shallcomply with this Law and rules issued under this Law.
With regard to specific goods for which tax is charged according to section 4:LS HORIZON (MYANMAR) LIMITED  No. 94, UNION BUSINESS CENTRE (UBC), SUITE NO. 05-01, 5th FLOOR, NAT MAUK ROAD,
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(a)

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if they are imported:(1)the importer shall pay the tax on specific goods.
(2)
the Custom Department shall collect the custom and tax payable under subsection 1 according to the manner of collecting the custom.
(b)
if they are manufactured in the country, the manufacturer shall pay the tax on
specific goods.
(c)
if they are exported, the exporter shall pay the tax on specific goods.
(a)Through Union Tax Law that is prescribed for the respective financial year:(1)the items contained in the Schedule of this Law may be amended or added ordeleted.
(2)
the tax rates chargeable on specific goods contained in the Schedule which
will be calculated based on value, amount, weight or other measurement shallbe determined.
(3)
specific goods and tax rate chargeable for the export shall be specified.
(b)With regard to owned or manufactured specific goods for which tax has not been
paid, the relevant taxpayer shall send the required information to Township Revenue
Officer in order to determine selling price in line with stipulations. Township
Revenue Officer shall also request such information.
(a)
The tax rate for specific goods chargeable according to section 4 shall be calculated
based on value of goods, amount, weight or other measurement happened on:(1)
the date on which custom is cleared for specific goods which are imported; or(2)
the date on which specific goods are manufactured; or(3)
the date on which it is inspected that specific goods are owned without
paying the tax according to this Law.
(b)
The selling price of specific goods shall be calculated based on:(1)the market price determined and approved by Director General and Internal
Revenue Department Management Committee for the relevant fiscal year for
specific goods manufactured in the country or specific goods found at theowner’s place for which tax has not been paid according to this Law.
(2)the landed cost for specific goods imported.
(a)Any person shall, according to this Law:(1)pay the chargeable tax before collecting specific goods if he/she imports
specific goods.
(2)
pay the chargeable tax within 10 days after the end of the month in which
specific goods are sold if they are manufactured in the country.
(3)
pay the chargeable tax within 7 days from the date on which it is inspectedthat specific goods for which tax has not been paid are found at the owner’s
place.
(b)
The matters which are difficult to be dealt and complied with the procedureaccording to sub-section (a) shall be solved with the manners determined by Director
General.
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Chapter 3
Tax Exemption and Reliefs(a)
No tax shall be charged on the following specific goods:(1)specific goods exported to foreign countries except for the ones determined
to be charged with tax for export according to Union Tax Law.
(2)
specific goods sold by duty free shop to travelers.
(3)
specific goods sold on the ship or aircraft that travel to foreign countries.
(4)
specific goods temporarily imported for the purpose of re-exporting.
(5)
specific goods manufactured locally or imported for social, religious, healthand education purposes and those donated by local and international people.
(6)
specific goods imported for people who are exempted according tointernational laws and international or diplomatic conventions.
(7)
fuel used for aircrafts that leave for foreign countries.
(b)
Union Government may exempt tax or grant tax relief in connection with taxable
specific goods under the approval of Pyidaungsu Hluttaw.
(c)Union Government may exempt tax or grant tax relief for the following matters:(1)specific goods given to the State by foreign organizations as aids or specific
goods
(2)
specific goods included in reciprocal rights principles.
(3)
specific goods manufactured locally or imported by Union Government for
security and defense purposes except for teak and hardwood logs, teak andconversions, jade, ruby, sapphire, emerald, diamond and other valuable crude
gems, fine gems and jewelry.
The following matters shall be conducted in line with stipulations:(a)manners to be followed and complied for specific goods temporarily imported under
the plan of re-exporting.
(b)manners to be followed and complied for tax refund.
A manufacturer of specific goods may set off the tax paid at the time of importing raw
materials and partly-finished goods or buying them from other local manufacturer of
specific goods in order to manufacture specific goods with the tax chargeable on sale ofhis/her manufactured specific goods. Tax set-off process shall be conducted in line withstipulations so that tax will be charged only for one time for manufacturing and sale ofspecific goods.
Chapter 4
Duties and Powers
Director General shall practise the following duties and powers. He may confer his/herduties and powers to his/her subordinate staff and let them to implement:(a)determining market price of specific goods and determining the estimated selling
price of the factory, workshop and establishment based on such market price.
(b)
determining the manners of paying taxes for cases where tax payment is difficult to
be made within specified period; extending the deadline of tax payment.
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13.

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(c)
announcing procedures and instructions.
(d)determining the forms.
(e)entering into business premises and checking specific goods and records.
(f)inspecting and restricting the re-shuffling of specific goods.
(g)discovering and confiscating specific goods; and(h)handling sample materials.
A person who has been conferred duties and powers by Director General according tosection 12 has the right to:(a)inspect statistics, evidence and other documents maintained through any system forthe purpose of this Law, enter business premises and buildings, and conduct fully.
Moreover, he/she has the right to:(1)take reference and copy accounting books, evidence and other documents.
(2)
record, count and inspect goods, materials, facilities and containers located in
the premises.
(3)
print markings on accounting books or documents that have been inspected
for remembrance, take reference from them and copy them.
(b)stop and inspect any vehicle that is on the verge of leaving from the warehouse
where taxable specific goods are kept.
(c)
If there is any reason to believe that any case conducted under this section will beobstructed or rejected, a person who has been conferred duties and powers by
Director General according to section 12 has the right to request search warrant from
Township Judge. In doing so, the findings shall be promptly reported to Township
Judge and relevant Region or State Revenue Officer, Union Territory Revenue
Officer, Revenue Officer of Large Taxpayer Revenue Office or Medium Taxpayer
Revenue Office.
(d)
Any matter contained in sub-section (a) shall be conducted in front of the relevant
manufacturer or owner of specific goods or his/her representative and two witnesses.
The receipt will be issued if accounting books and documents are confiscated andthey will be possessed for a limited period during which they will be inspected.
When a person who is dwelling in a building or premise claims for the evidence to show thepower for entering, any authorized person shall reveal the written evidence signed andissued by Director General to show that he/she has the power to practise the rights under
section 12. If the authorized person is unable to do so, he/she shall not enter or exist in suchbusiness building or premise.
Chapter 5
Registration(a)
A manufacture of specific goods shall conduct the registration process at the relevant
Township Revenue Officer’s office.
(b)
Township Revenue Officer may send the notice to the manufacturer of specificgoods for registration in line with stipulations.
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(c)If Township Revenue Officer discovers that the application is made for registrationin line with stipulations, he/she shall issue the operating certificate for the relevant fiscal
year.

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Chapter 6
Submitting the Declaration Form
16.
(a)
A local manufacture of taxable specific goods shall pay the tax within 10 days after
the end of the relevant month during which specific goods are sold and submit declaration
form of manufacturing and selling specific goods for such relevant month to Township
Revenue Officer.
(b)
If there is any cause for Township Revenue Officer to presume that any person
manufactures taxable specific goods, he/she may inform such manufacturer of taxable
specific goods to pay for tax on the manufacturing and sale of specific goods and submit thedeclaration form.
(c)
A person who imports taxable specific goods shall submit the list of imported
specific goods to the Customs Department before withdrawing them from Customs
Department.
Chapter 7
Tax Assessment and Refund
17. (a) If Township Revenue Officer believes and is satisfied that the declaration form sent undersub-sections (a) and (b) of Section 16 is correct and complete in connection with
manufacturing and sale of specific goods, he/she shall assess tax based on such declaration
form.
(b)
If there is any cause for Township Revenue Officer to believe that the manufacturing
and sale amount of specific goods may not be accurately obtained from information
contained in the declaration form submitted for manufacturing and sale of specific goods,
he/she may assess tax by screening other necessary evidence.
(c)
If any person fails to submit the declaration form in connection with manufacturing
and sale of specific goods, Township Revenue Officer shall, based on the available
information, assess tax on any manufacturer of specific goods within one month after theend of the month in which specific goods are manufactured and sold.
18.
If the taxpayer can show that or Township Revenue Officer or Custom Department finds outthat the paid tax amount is greater than the actual taxable amount, any extra sum shall be
refunded. The taxpayer is entitled to claim the refund within one year starting from the dateof receiving the notice.
Chapter 8
Re-assessment and Correcting the Mistake19.
(a)Township Revenue Officer may re-assess the tax for any fiscal year in regard to:(1)the matter in which tax is free from being assessed although it should beassessed; or(2)the matter in which tax is assessed less than the chargeable amount.
(b)
The tax shall be calculated and claimed according to tax rate which is effective forthe relevant year when taking action according to sub-section (a).
20.
(a)
Township Revenue Officer may, upon finding any conspicuous mistake in the recordin connection with the assessment or upon the report made by the taxpayer, amend any
decision within 3 years starting from the date on which such decision is made.
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(b)Tax Appeal Tribunal or Region or State Revenue Officer, Union Territory Revenue
Officer, Revenue Officer of Large Taxpayer Revenue Office or Medium Taxpayer Revenue
Office may, upon finding any conspicuous mistake in the record in connection with theorder for appeal upon the report made by the appellant, amend the order for appeal within 3
years starting from the date on which such order is made.
(c)
The tax shall be calculated according to tax rate of the relevant year when taking
action according to sub-sections (a) and (b). The taxpayer or appellant shall be given theright to explain in order to make an amendment that will increase the tax amount or decrease
the refund amount.

21.

Chapter 9
Appeal(a)
Any taxpayer who is dissatisfied with any order may appeal to the following
individuals and organizations:(1)the relevant Region or State Revenue Officer or Union Territory Revenue
Officer or Revenue Officer of Large Taxpayer Revenue Office or Medium
Taxpayer Revenue Office if the amount of tax assessed by Township
Revenue Officer exceeds 1 million kyats.
(2)
Tax Appeal Tribunal if the tax amount exceeds 10 million kyats and thedecision is made by Regional or State Revenue Officer or Union Territory
Revenue Officer or Revenue Officer of Large Taxpayer Revenue Office or
Medium Taxpayer Revenue Office.
(3)
Union Supreme Court if the case is related to legal question arisen from thedecision made by Tax Appeal Tribunal.
(b)
The taxpayer:(1)may appeal in line with specifications if he/she is dissatisfied with any order
or decision made to him/her.
(2)
shall submit the appeal form within 30 days starting from the date on which
the order or decision is made by Township Revenue Officer.
(c)
If the taxpayer or Township Revenue Officer is dissatisfied with the decision passedby the relevant Region or State Revenue Officer or Union Territory Revenue Officer
or Revenue Officer of Large Taxpayer Revenue Office or Medium Taxpayer
Revenue Office, they shall submit the appeal form within 60 days starting from thedate on which such order is made.
(d)When calculating the limitation for appeal,(1)
the period required to copy the order that is desirous to be appealed and(2)
the period during which the right to appeal is requested without settling thetax completely shall be deducted.
(e)Union Supreme Court, Tax Appeal Tribunal, the relevant Region or State Revenue
Officer or Union Territory Revenue Officer or Revenue Officer of Large Taxpayer
Revenue Office or Medium Taxpayer Revenue Office may relax the limitation
period prescribed under sub-sections (b) and (c) if there is sound reason.
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(f)

(g)
(h)

(i)

(j)

22.

23.

Any person who is desirous to appeal shall go under appeal only after:(1)either settling the tax completely; or(2)applying and depositing 50% of the assessed tax to the relevant Region orState Revenue Officer or Union Territory Revenue Officer or Revenue Officer ofLarge Taxpayer Revenue Office or Medium Taxpayer Revenue Office andcomplying with the decision made by them.
The relevant appeal court may pass the relevant order after providing the appellant
the right to speak when making a decision for appeal case.
If the amount of tax does not exceed 1 million kyats, the decision of Township
Revenue Officer shall be final and conclusive. If the amount of tax does not exceed
10 million kyats, the decision of Region or State Revenue Officer, Union Territory
Revenue Officer, Revenue Officer of Large Taxpayer Revenue Office or Medium
Taxpayer Revenue Office shall be final and conclusive. If the tax amount exceeds 10
million kyats and no legal question arises, the order of Tax Appeal Tribunal shall befinal and conclusive.
If any legal question arises with regard to the order made by Tax Appeal Tribunal,
the appellant or Region or State Revenue Officer, Union Territory Revenue Officer,
Revenue Officer of Large Taxpayer Revenue Office or Medium Taxpayer Revenue
Office may make a proposal to Tax Appeal Tribunal within 60 days starting from thedate on which such order is made.
If Tax Appeal Tribunal refuses the proposal made under sub-section (i), a person
whose proposal has been refused may apply to Union Supreme Court within 60 days
starting from the date on which the order of refusal is made.

Chapter 10
Offences and Penalties
If any person fails to conduct any of the following activity without sound reason, Township
Revenue Officer shall cause such person to pay the fine or remedy for each of the failure:(a)5 million kyats for failing to register within the respective year;(b)
5 million kyats for failing to provide information in time requested under this Law inorder to determine market price.
(c)
100 per cent of the value of specific goods shall be paid as fine if they are owned
without paying tax and such specific goods shall be confiscated.
(d)
10 per cent of the payable tax shall be paid as fine for failing to pay tax under thisLaw within specified period.
(e)
10 per cent of the tax chargeable for the relevant month shall be paid as fine for
failing to submit declaration form in time.
(f)
50 per cent of value of specific goods shall be paid as fine for failing to affix tax
label on them discovered by Township Revenue Officer.
(a)
If it is discovered that any person evades for tax exemption or omits information
related to specific goods in order to reduce tax amount, such person shall be provided withthe right to disclose complete information within specified period.
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24.

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(b)
If a person who has the right to disclose complete information according to subsection (a) does so, he/she shall pay the tax as well as the fine which is equivalent to one
time of the tax which is over charged due to tax invasion or omission of information.
(c)
If a person who has the right to disclose complete information according to subsection (a) fails to do so within specified period or provide less information related to
manufacturing amount of specific goods which has been omitted or evaded, he/she shall becharged with both tax under sub-section (b) and fine and shall also be prosecuted.
If any person who has the right to disclose information according to section 23 (a) isconvicted of having failed to disclose information within permitted period or providing lessinformation in regard to amount of specific goods which have been omitted or evaded,
he/she shall be punishable with imprisonment for a term not more than 3 years or with finenot more than 1 million kyats or both.
(a)
Any person who intentionally submits incorrect declaration form in regard to
manufacturing amount of specific goods with dishonest intention or submits evidence that isincorrect or known to be incorrect by such person shall be punishable with fine that isequivalent to 3 times of chargeable tax and shall be prosecuted.
(b)
Any person who is convicted after being charged with the offence under sub-section(a) shall be punishable with imprisonment for a term not more than 3 years or fine not morethan 3 million kyats or both.
Any person who is convicted of having committed any of the following offence by having aground of this Law shall be punishable with imprisonment for a term not more than 7 years:(a)misusing any right or power conferred under this Law by dishonest intention or
fraudulent manner.
(b)failing to comply with the provision of this Law without sound reason; prohibiting
the conduct of activity that is to be done in line with laws in force.
Whoever commits bribery by having a ground of this Law or makes effort to do so shall becharged according to criminal proceeding or according to any law in force separately
prescribed for such offence.
If any person is convicted of having failed to provide information without sound reason after
being prosecuted under sub-section (d) of section 31, he/she shall be punishable withimprisonment for a term of minimum 1 year to maximum 3 years.
Chapter 11
Compulsory Collecting
If any taxpayer fails to pay tax chargeable under this Law within specified period or in linewith the manners determined by Director General:(a)he/she shall be regarded as the default person and the unpaid tax shall be regarded asarrear tax amount.
(b)
the arrear tax amount shall be collected from the taxpayer as the income tax arrears.

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36.

Chapter 12
Miscellaneous
Tax Appeal Tribunal, Regional or State Revenue Officer, Union Territory Revenue Officer,
Revenue Officer of Large Taxpayer Revenue Office or Middle Taxpayer Revenue Office or
Township Revenue Officer are entitled to request any information related to the matters of
this Law from any person who is in possession of such information.
If any person who has been requested to provide information according to section 30 fails to
do so:(a)timeline for him/her shall be extended to 15 days.
(b)
If such person still fails to provide information within the timeline extended undersub-section (a), Tax Appeal Tribunal, Regional or State Revenue Officer, Union Territory
Revenue Officer, Revenue Officer of Large Taxpayer Revenue Office or Middle Taxpayer
Revenue Office or Township Revenue Officer may inspect the reason for failure bypracticing the Civil Procedure Code.
(c)
When inspection under sub-section (b), if it is found out that the reason for failure is
not because of such person’s action but because of the loss of documents, such person shallbe caused to make an oath to the extent he/she can recall and he/she may be permitted tosubmit the information.
(d)
If Tax Appeal Tribunal, Regional or State Revenue Officer, Union Territory
Revenue Officer, Revenue Officer of Large Taxpayer Revenue Office or Middle Taxpayer
Revenue Office or Township Revenue Officer find out that a person fails to submit
information without sound reason, they may prosecute him/her.
Any person who will leave Myanmar shall not do so unless he/she receives the certificate
showing that he/she has no liability to pay tax or has completed tax payment issued by any
authority that has been conferred duty by the Ministry for that purpose.
However, the Ministry may exempt any person from this section by issuing the notificationin connection with the above-mentioned case.
(a)
Tax collected from respective Region or State except the amount collected forimporting specific goods may be deposited to the fund of respective Region or Stateaccording to percent or ratio determined by Union Government.
(b)
The reward may, according to the percent or ratio determined by Pyidaungsu
Hluttaw, be given from the fine collected on owning and possessing specific goods forwhich tax has not been paid.
The Ministry:(a)may determine specific goods on which tax label shall be affixed or for which othermanner shall be practised among taxable specific goods.
(b)
may determine the sale by affixing tax label or the practice of other manner.
(c)
may determine manners of storing or maintaining specific goods under bond.
The Ministry may determine manners to be followed in connection with specific goods forwhich commercial tax has been paid according to provisions of Commercial Tax Law 2014,
Union Tax Law and Union Tax Law 2015.
When implementing the provisions of this Law:LS HORIZON (MYANMAR) LIMITED  No. 94, UNION BUSINESS CENTRE (UBC), SUITE NO. 05-01, 5th FLOOR, NAT MAUK ROAD,
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(a)the Ministry may issue the rules, regulations and disciplines under the approval ofUnion Government.
(b)
the Ministry may issue the notifications, orders and instructions and Director General
may issue the notifications, orders, instructions and procedures under the approval of the
Ministry.
I hereby sign according to the Constitution of Republic of the Union of Myanmar.
Sd/xxxThein Sein
The President
Republic of the Union of Myanmar

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BO CHO QUARTER, BAHAN TOWNSHIP, YANGON 11201, MYANMAR  TEL/FAX: +95 1 860 3436  TEL: +95 1 860 3435 EXT. 6001

Schedule
Specific Goods on which Tax will be charged
In connection with the specific goods contained in the following schedules, if they
are imported, the tax shall be charged on the landed cost, and if they are produced and soldin the country, the tax shall be charged on more of either the selling price determined by thefactory, workshop and establishment or the selling price estimated and determined by
Director General of Internal Revenue Department and Management Committee of Internal
Revenue Department based on the market price at the specific rate shown against them. The
value grade and tax percent of specific goods shall be determined according to Union Tax
Law that is prescribed for the respective financial year.
Sr.

Types of specific goods

No1.

(a) Various kinds of cigarettes(b) Various kinds of cigarettes(c) Various kinds of cigarettes(d) Various kinds of cigarettes(e) Various kinds of cigarettes(f) Various kinds of cigarettes(g) Various kinds of cigarettes(imported)

Market Price Value Grade
Up to () kyats per packet

containing 20 pieces
From () kyats to () kyats per

packet containing 20 pieces
From () kyats to () kyats per

packet containing 20 pieces
From () kyats to () kyats per

packet containing 20 pieces
From () kyats to () kyats per

packet containing 20 pieces() kyats and above per packet

containing 20 pieces
On landed cost

Tax percent() kyats per piece() kyats per piece() kyats per piece() kyats per piece() kyats per piece% of the value%

2.

Tobacco%3.

Virginia tobacco, cured%

4.

Cheroots%

5.

Cigars%6.

Pipe tobacco

60

7.

Betel chewing preparations%

8.

(a) Various kinds of liquor

Up to () kyats per litre() kyats per litre

LS HORIZON (MYANMAR) LIMITED  No. 94, UNION BUSINESS CENTRE (UBC), SUITE NO. 05-01, 5th FLOOR, NAT MAUK ROAD,
BO CHO QUARTER, BAHAN TOWNSHIP, YANGON 11201, MYANMAR  TEL/FAX: +95 1 860 3436  TEL: +95 1 860 3435 EXT. 6001

(b) Various kinds of liquor(c) Various kinds of liquor(d) Various kinds of liquor(e) Various kinds of liquor(f) Various kinds of liquor(g) Various kinds of liquor(h) Various kinds of liquor(i) Various kinds of liquor(j) Various kinds of liquor(k) Various kinds of liquor(imported)
9.

Various kinds of beer

10.

(a) Various kinds of wine(b) Various kinds of wine(c) Various kinds of wine(d) Various kinds of wine(e) Various kinds of wine(f) Various kinds of wine(g) Various kinds of wine(h) Various kinds of wine

From () kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats

per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre() kyats and above per litre

On landed cost() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre% of per litre value%%

Up to () kyats per litre

From () kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats) kyats to () kyats

per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre
From (
per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre() kyats per litre

LS HORIZON (MYANMAR) LIMITED  No. 94, UNION BUSINESS CENTRE (UBC), SUITE NO. 05-01, 5th FLOOR, NAT MAUK ROAD,
BO CHO QUARTER, BAHAN TOWNSHIP, YANGON 11201, MYANMAR  TEL/FAX: +95 1 860 3436  TEL: +95 1 860 3435 EXT. 6001

(i) Various kinds of wine(j) Various kinds of wine(k) Various kinds of wine
(imported)
11.

12.

13.

Teak and hardwood logs, teak and conversions
exceeding 10 inches round
Jade, rubies, sapphires, emeralds, diamonds
and other gems (rough)Jewelries and jade, rubies, sapphires, emeralds,
diamonds, other gems (fine) and jewelries

From () kyats to () kyats

per litre() kyat and above per litre

On landed cost() kyats per litre% of one litre value
%

%

%

%

Vans above 1,800 CC except Double Cab 4
14.

Door Pick Up, saloons, sedans and estate%

wagons and coupes
15.

Petrol, diesel, aviation jet fuel%16.

Natural gas%

LS HORIZON (MYANMAR) LIMITED  No. 94, UNION BUSINESS CENTRE (UBC), SUITE NO. 05-01, 5th FLOOR, NAT MAUK ROAD,
BO CHO QUARTER, BAHAN TOWNSHIP, YANGON 11201, MYANMAR  TEL/FAX: +95 1 860 3436  TEL: +95 1 860 3435 EXT. 6001

Sunday, December 27, 2015
Translation of the draft 2016 Union Tax Law
CONVENIENCE TRANSLATION - ACCURACY NOT GUARANTEED
Union Tax Law Draft 2016
Pyidaungsu Hluttaw Law No. /2016, 1377 M.E, 2016
The Pyidaungsu Hluttaw hereby enacts this law.
Chapter (1)Title, coming into force and definitions
1. (a) This law shall be called the Union Tax Law 2016.
(b) The provisions contained in this law (1) Shall come into force with effect from 1st April, 2016 for the 2016-2017 financial year
regarding chapter 5: commercial tax;
(2) Regarding chapter 6: income tax (aa) shall come into force with effect from 1st April, 2016 regarding the provisions
contained in section 19 - salary income - and section 24 of this law;(bb) shall come into force from the 2016-2017 assessment year regarding the remaining
provisions.
2.
(a)
(b)
(c)
(d)
(e)

3.

4.

The following expressions contained in this law shall have the meanings given
hereunder “Tax” means the tax collected for the Union by the Union Government;“Law” means the laws enacted relating to the tax collected for the Union by theUnion Government;“Relevant Ministry” means the Union Ministries responsible for collecting the taxes
to be collected by the Union Government for the Union;“Law relating to the budget” means the law relating to the Union budget and thelaw relating to the additional budget allotment, enacted annually;“Tax Rate” means the specified rate at which tax is collected for the Union by theUnion Government.
Chapter 2
Taxes earmarked for collection
The taxes received by the Union contained in the laws relating to the budget are thetaxes earmarked for collection contained in table (1) of this law for the relevant
financial year.
Chapter 3
Specifying the tax rates and reporting
The relevant Ministry shall collect the earmarked taxes at the tax rates contained inthis law for the types of the taxes.

2

5.

6.
7.

If the tax rates contained in this law should be amended, supplemented or substituted,
the Union Government shall submit the matter to the Pyidaungsu Hluttaw to be
decided after discussion.
Every three months, the relevant Ministry shall send the status of collection of theearmarked taxes contained in table (1) of this law to the Budget Department.
Every six months, the Budget Department shall compile the lists of tax collection
status sent by the relevant Ministries and submit the compilation to the Union
Government through the Ministry of Finance with its opinion and remarks.

Chapter 4
Duties and powers of the relevant Ministries
8.
The relevant Ministries shall be responsible for, and monitor, the collection of theearmarked taxes contained in table (1) of this law.
9. The relevant Ministries shall request assistance from the Union Ministries, Region orState Governments, Head Organizations of the Self-administered Divisions and Head
Organizations of the Self-administered Regions in order to obtain required data andsupport so that tax payers pay in accordance with the law.
10. The relevant Ministries shall request assistance from the Union Ministries, Region orState Governments, Head Organizations of the Self-administered Divisions and Head
Organizations of the Self-administered Regions in order to obtain required data andsupport so that tax payers pay in accordance with the law.
Chapter 5
Commercial Tax
11. According to section 6 of the Commercial Tax Law, the schedules to this law areprescribed as follows -(a)Schedules to the Commercial Tax Law
Special Goods
If the special goods contained in the following schedule are imported, the tax shall be
paid on the landed costs, and if the special goods are produced and sold in the
country, the tax shall be paid on the sales price shown by the factory or workshop, or
the market price, or the estimated value specified by the Director General forCommercial Tax, whichever is higher.
No.

Special goods(a) Various kindsof cigarettes(b)
Variouskinds of cigarettes(c) Various kindsof cigarettes(d)Variouskinds of cigarettes(e) Various kindsof cigarettes(f) Various kinds

Value based on the market
price
20 sticks per pack with a selling
price up to Ks. 300
20 sticks per pack with a selling
price from Ks. 301 to 500
20 sticks per pack with a selling
price from Ks. 501 to 1,000
20 sticks per pack with a selling
price from Ks.1,001 to 2,000
20 sticks per pack with a selling
price from Ks. 2,001 to 3,000
20 sticks per pack with a selling

Tax rate
Ks. 3 per stickKs. 8 per stickKs. 14 per
stick
Ks. 29 per
stick
Ks. 48 per
stick
120% of the

3

No.

2.
3.
4.
5.
6.
7.
8.

9.
10.
11.

12.

Special goodsof cigarettes(g)Variouskinds of cigarettes(imported)
TobaccoVirginia tobacco,
cured
Cheroot
CigarsPipe tobacco
Betel chewing
preparation(a) Various kindsof liquor(b)
Variouskinds of liquor(c) Various kindsof liquor(d) Various kindsof liquor(e) Various kindsof liquor(f) Various kindsof liquor(g)
Variouskinds of liquor(h)Variouskinds of liquor(i) Various kindsof liquor(j) Various kindsof liquor(imported)
Various kinds ofbeer
Various kinds ofwine
Teak, hard woodlogs andconversions
Jade, rubies,
sapphires,emeralds,
diamonds andother precious
stonesValue based on the market
price
price above Ks. 3,000
Landed costs

Tax rate
value
120%

60%
60%
60%
60%
60%
60%
Selling price up to Ks. 500 per
litre
Selling price from Ks. 501 to
1,000 per litre
Selling price from Ks. 1,001 to
2,000 per litre
Selling price from Ks. 2,001 to
3,000 per litre
Selling price from Ks. 3,001 to
4,000 per litre
Selling price from Ks 4,001 to
5,000 per litre
Selling price from Ks. 5,001 to
7,000 per litre
Selling price from Ks. 7,001
to10,000 per litre
Selling price more than Ks.
10,000 per litre
Landed costs

Ks. 66 per
litre
Ks. 197 per
litre
Ks. 394 per
litre
Ks. 656 per
litre
Ks. 919 per
litre
Ks. 1,181 per
litre
Ks. 1,575 per
litre
Ks. 2,231per
litre
60% of the
value
60%

60%
50%
25%

15%

4

No.
13.

14.

15.
16.
(b)

Special goods

Value based on the market
price

Jewelry made fromjade, rubies,
sapphires,emeralds,
diamonds or otherprecious stones
Four double
pickup vehicles
above 1800 CC,
light vans, saloons,sedans and lightwagons, estate
wagons andcoupesPetrol, diesel,
aviation jet fuelNatural gas

Tax rate
5%

25%

10%
8%

No commercial tax shall be levied for any goods mentioned below.
Sr. no.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.

Description of the goods
Paddy, rice, split, soft bran, rough bran, paddy husk
Wheat grain, flour, smooth and rough flour
Maize and other cereals, powder maize and other powder cereals
Pulses, chick peas, pea flour
Peanuts, shelled or unshelled
Sesame, sesame flowers
Mustard seeds, sunflower seeds, tamarind seeds, cotton seeds
Palm oil
Various cottons
Jute and similar fibers
Garlic, onions
Potatoes
Cassava plants, cassava powder
Spices (leaves, fruits, seeds, bark), prepared spices
Various fresh fruits
Vegetables
Sugar, sugarcane
Mulberry leaves
Medical plants or herbs
Thatch, reeds, thapo, dani, taung htan, pharlar, elephant foot yam
tuber, thanakhar and such agricultural products not elsewhere
specified
Wood, bamboo
Live animals, fish and shrimps
Silk cocoons

5

Sr. no.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.

Description of the goods
Canes, finished and unfinished
Honey and bee wax
Lac
Dregs from the production of peanut oil, sesame oil, bran oil,fermented soy-bean oil and solid oil
Soap powder, soap
Bleaching oil
Coir yarn, charcoal made from coconut shells
Tea leaves, various kinds of dry tea leaves
Different kinds of stamps, including revenue stamps
Sealing wax and sticks
Slates, slate pencils and chalk
Shrimp and fish sauces (ngan-pya-ya)
Peanut oil, sesame oil, sunflower oil, bran oil, fermented soybean oil, solid oil
Raw fish, raw prawns
Milk, all kinds of milk powder
Chili, chili powder
Saffron, saffron powder
GingerFish paste
Ripe tamarinds
National flag
Various kinds of religious beads
Various kinds of rulers, erasers, sharpeners
Alternatives to firewood
Coconut oil (not palm oil)
Various kinds of fowl eggs
Pumpkin seeds, watermelon seeds
Religious clothes (thingyan robes, etc.)
Oil dregs
Salt
Rubber paste
Betel nuts
Fertilizers
Insecticides, pesticides
Farm equipment, farm machines and parts
Raw materials for animal feed, finished animal feed
Animal medicines
Cross-breeding components
Solar panels, solar charger controllers and solar inverters
X-ray films, plates and other X-ray material, surgical, medical or
pharmaceutical apparatus and equipment
Bandages, gauze, other surgical dressing materials, hospital andsurgical outfit and sundries
Pharmaceutical and other medicines (except medicine restrictedby rules and regulations)6

Sr. no.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.

(c)

(d)
(1)
(2)
(e)

(1)
(2)
(3)
(4)
(5)

Description of the goods
Raw materials for pharmaceuticals
Textbooks, exercise and drawing books of various kinds andpapers for the production of such books and all sorts of pencils
Graphite for the production of pencils
Condoms
The weapons, machines, vehicles, equipment and their spareparts for the usage of governmental organizations for national
defense and security
Various kinds of gun powder, various kinds of dynamites andaccessories thereof used by the civil departments
Crops seeds, nursery plants
Fire engines, ambulance vehicles
Duty free articles to be sold in foreign currency to overseas
passengers at the departure places
Goods used by diplomats and non-diplomatic staff at foreignembassies and consulates if there is reciprocity
Goods purchased for the consumption of armed forces by using
the budget of the Ministry of Defense
CMP goods, packaging materials for them, packaging materials
for finished goods
Fuel sold to foreign embassies, UN organizations and foreign
diplomats by the Ministry of Energy.
Goods purchased by local or foreign organizations with money
donated for the country
Jet fuel for outbound planes
Goods exempted from tax by parliament due to requirements ofthe state

Except for the goods specified in sub-sections (a) and (b), 5% commercial tax
shall be paid on the sales price of goods produced and sold in the country or on
the landed costs of imported goods.
Except for goods and trading activities exempted in accordance with this law,
5% commercial tax shall be paid on the sales price of the following activities:
Domestic sale of imported goods
TradingWith regard to the goods specified in sub-section (a), the commercial tax leviedon the import of the goods listed below must not be set off with the commercial
tax levied on the proceeds of the sale of said goods. Likewise, the commercial
tax levied when purchasing such goods from a local manufacturer must not be
set off with the commercial tax levied on the proceeds from the resale of said
goods. But for a trading transaction with the goods a set-off may be done inaccordance with the commercial tax regulations Cigarettes
TobaccoVirginia tobacco, cured
Cheroots
Cigars7(6)
Pipe tobacco(7)
Betel chewing preparation(8)
Various kinds of liquor(9)
Various kinds of beer(10) Various kinds of wine(f) 5% commercial tax shall be levied on the revenue from services provided in the
country, with the exception of the following exempted services –Sr. No.
1.
2.
3.
4.
5.
6.
7.

8.
9.
10.
11.

Types of services
House rental services unless the services are operated as abusiness
Parking space rental services
Life insurance services
Microfinance services
Health care services
Education services
Freight transport services (vehicles, vessels, aircraft, heavymachinery transport services)

16.
17.
18.
19.
20.
21.
22.

Employment agency services
Banking services
Customs clearance services
Service consisting in the renting out of objects for social
functionsContract manufacturing
Funeral services
Child nursery services
Myanmar traditional massage / massage performed by ablind person
Moving services
Toll collection services
Animal health care services
Public toilet fees collection services
Outbound air transport services
Services concerning culture and art
Public transport services (bus, railway and ferry boats)

23.

License fees to be paid to state organizations

24.

Publishing businesses concerned with the security of the
Ministry of Defence and their publishing services
Services used by diplomats and non-diplomatic staff ofembassies and consulates if there is reciprocity
Services purchased by local or foreign organizations withmoney donated for the country
Services exempted from tax by parliament due torequirements of the state.

12.
13.
14.
15.

25.
26.
27.

8

Sr. No.
28.

(g)Types of services
Intra-government services provided by the Office of the
President, the Office of the Union Government, the Officeof the Pyidaungsu Hluttaw, the Office of the Pyithu
Hluttaw, the Office of the Amyotha Hluttaw, the Office of
the Supreme Court, the Constitutional Court, the Office of
the Union Election Commission, the Union General
Attorney’s Office, the Office of the Union Auditor and the
Office of the Union Civil Service Board, the Union
Ministries, the Naypyitaw Council, the Central Bank ofMyanmar, the Department of Social Welfare, the Offices ofRegion and State Governments and Departments (notincluded are services provided by, or to, state-owned
enterprises)

5% commercial tax shall be levied on the revenue from the remaining services
with the exception of services listed in sub-section (f).
(h) 3% commercial tax shall be levied on the sale proceeds from selling a building
after having constructed it in the state. The developers shall be subject to all
obligations and benefits contained in the Commercial Tax Law and theCommercial Tax Regulations.
12. In the cooperative sector and private sector, no commercial tax shall be levied if
the sales proceeds or the service revenue do not exceed the following thresholds–(a)Production and domestic sale of goods which are subject to commercial tax:
sale proceeds up to Ks. 20,000,000 within one financial year;(b)Services subject to commercial tax: Service revenue up to Ks. 20,000,000
within one financial year;(c) Trading: Sale proceeds up to Ks. 20,000,000 within one financial year.
13. If any person receives foreign currency for the production and sale of any goods
subject to commercial tax, the performance of services subject to commercial tax,
or trading, the amount of commercial tax shall be calculated according to the tax
rates stipulated in this law and paid in kyats in accordance with the commercial
tax regulations.
14. Any person exporting the following goods shall pay commercial tax on the saleproceeds at the following tax rates. The commercial tax levied when buying andproducing the goods may be set off against the commercial tax on the export
according to the stipulations.

9

Sr.
No.
(a)
(b)
(c)
(d)
(e)
(f)

Type of goods

Tax percentage rate

Crude oil
Natural gas
Teak, hard wood logs and conversions
Jade, rubies, sapphires, emeralds, diamonds
and other precious stones
Jewelry made from jade, rubies, sapphires,emeralds, diamonds and other precious stones
Electric power

5
8
50
15
5
8

15. The provision of section 14 shall not apply to sale proceeds on which nocommercial tax is levied [because they do not exceed the thresholds].
16. With the exception of the goods contained in section 14 above, the commercial
tax levied on the export of goods shall be 0%. The commercial tax levied whenbuying and producing the goods may be set off with the commercial tax on theexport according to the stipulations. Notwithstanding the commercial tax
provisions, if the commercial tax levied for the export is less than the commercial
tax levied when buying and producing the goods, a refund may be demanded.
However, this shall not apply to goods that are purchased in the country andbrought overseas for self-use.
17. 5% commercial tax applies if Myanmar Petroleum Products Enterprise under the
Ministry of Energy imports jet fuel to sell it domestically.
18. The definition of the expressions contained in chapter 5 of this law shall be thesame as in the Commercial Tax Law.
Chapter 6
Income Tax
19. (a) The income tax rates to be to be applied to anyone’s income from salary,
profession,
property, business and other sources are as follows Sr. No. Income schedules for assessing income tax
Income tax rate
From

To

Kyat

Kyat

(a)

1

2,000,000

0%(b)2,000,001

5,000,000

5%(c)

5,000,001

10,000,000

10%

(d)

10,000,001

20,000,000

15%

(e)

20,000,001

30,000,000

20%

(f)

30,000,001and above

(b)

25%

Notwithstanding any other provisions of the income tax law, 10% income tax
shall be assessed on the income consisting of the total rental fees from the leaseof land, buildings and apartments; the allowances in accordance with sections 6

10of the Income Tax Law may be deducted. This income shall not be combinedwith other types of income and no additional assessment shall be made20. 10% income tax shall be assessed, in foreign currency, on the total income
earned abroad - with the exception of exempted income - of citizens residing
abroad; the allowances according to sections 6 and 6A of the Income Tax Law
may not be deducted.
21. If a company is incorporated and registered in Myanmar according to the
Myanmar Companies Act or the 1950 Special Companies Act, 25% income tax
shall be assessed on the total net profit in kyats earned by this company; theallowance under section 6 of the Income Tax Law may not be deducted.
22. 25% income tax shall be assessed on the total income (with the exception ofincome from salary) of a foreigner residing abroad; the income tax rate shall be
the income tax rate under section 19 if the income is from salary; the allowances
under sections 6 and 6A of the Income Tax Law may not be deducted.
23. 25% income tax shall be assessed on the total net income of such a business if
the business operates under a permit issued by the Myanmar Investment
Commission; the allowance under section 6 of the Income Tax Law may not be
deducted.
24. 30% income tax shall be assessed on income which has escaped assessment; theallowances under sections 6 and 6A of the Income Tax Law may not be
deducted. However, if a citizen can show the source of the income used forbuying, constructing, acquiring or establishing a new business, or expanding thebusiness, the income tax shall be assessed according to the tax rates specified
below with regard to the remaining income whose sources cannot be shown. No
income tax is to be assessed if the sources of all income used can be shown.
Assessment according to this section shall not apply to the ownership or trade of
properties obtained illegally or matters in which action is taken under the AntiMoney Laundering Law.
Sr.
No.
(a)
(b)
(c)
(d)
(e)
25.

Income (Kyat)
1-100,000,000
100,000,001 - 500,000,000
500,000,001 - 1,000,000,000
1,000,000,001 - 1,500,000,000
1,500,000,001 and above

Income Tax Rate
3%
5%
10%
20%
30%

25% Income tax shall be assessed on the income of cooperative societies
registered and formed under the Cooperative Society Law, with the exception ofprimary cooperative societies; the allowance under section 6 of the Income Tax
Law may be deducted.
26. 25% income tax shall be assessed on the total net profit of state-owned economic
organizations; the allowance under section 6 of the Income Tax Law may not be
deducted.
27. If a capital gain has arisen in kyats or foreign currency from selling, exchanging
or otherwise transferring one asset or more than one assets[,the following
income tax rates apply.]; the allowances under sections 6 and 6A of the Income
Tax Law may not be deducted -

11

(a)

If the company is participating in Myanmar's oil and gas sector, the income tax
shall be assessed according to the tax rate shown next to the capital gain
specified below in the type of currency earned -ProfitIncome tax rate to be assessed(1)
Up to equivalent kyats 100 billion
40%(2)
From equivalent kyats 100 billion+1 to 150 billion
45%(3)
Equivalent kyats 150 billion+1 and above
50%(b) 10% income tax shall be assessed, in kyats or foreign currency, on the capitalgain of an individual person or a group of persons with the exception ofcompanies participating in Myanmar's oil and gas sector. The tax shall beassessed in the type of currency earned if [the tax payer] is a foreigner residing
abroad.
28. No income tax shall be assessed on a capital gain if the total value of the assets
sold, exchanged or otherwise transferred within one year is not more than kyats
10,000,000.
29. Income of small or mid-sized businesses of up to kyats 10,000,000 during thefirst three years, including the year of commencement of the business, is exempt
from income tax. Income tax shall be assessed on income earned in excess of
this amount.
30. The basic allowance according to clauses (1) and (2), sub-section (a), section 6 of
the Income Tax Law is an amount equivalent to 20% of the income for eachtype of income. However, the total basic relief for a year shall not exceed kyats
10,000,000.
31. A parent relief is added to clause (2) sub-section (a) section 6 of the Income Tax
Law. The income tax shall be assessed on what remains of the total income after
deducting the following allowances contained in clause (2) sub-section (c)section 6 of the Income Tax Law (a) Kyats 1,000,000 for each parent with whom the taxpayer lives together(b) Kyats 1,000,000 for a spouse(c) Kyats 500,000 for each child
32. The income tax is to be calculated in accordance with the provisions contained in
section 8 of the Income Tax Regulation if the income (with the exception of acapital gain) is received in a foreign currency. The income tax shall be levied in
kyats on citizens and foreigners residing in the country; it shall be levied in thetype of currency obtained on foreigners residing abroad.
33. Income specified below is exempt from income tax –(a) Up to a total income of kyats 10,000,000 received once or repeatedly during theincome year as an award for an arrest under the Narcotic Drugs andPsychotropic Substances Law;(b) Up to a total income of kyats 10,000,000 received once or repeatedly during theincome year as an award for the seizure of illegal materials;(c) Reward received together with a medal conferred by the state;(d) Income from salary received in foreign exchange by a citizen residing abroad;(e) Pensions and gratuities obtained by a civil servant as a consequence ofretirement;(f) Winning money in a lucky draw of the state lottery.

12

34. The definition of the expressions contained in chapter 6 of this law shall be thesame as in the Income Tax Law.
Chapter 7
Rates of other taxes to be collected
35. The relevant ministries must manage the rate to be collected, exemptions andrelief with regard to the taxes specified below in accordance with the existinglaw(a) Excise tax(b) Import license fees(c) Myanmar state lottery(d) Transportation tax(e) Stamp duty(f) Customs duty(g) Land tax(h) Water tax(i) Embankment tax(j) Forest products tax(k) Mineral extraction tax(l) Natural pond and lake tax(m) Rubber paste tax(n) Oil and gas extraction tax(o) Mineral tax and gem stone tax(p) Communication service tax(q) Power generation tax
36. Notwithstanding the provisions in the Myanmar Gemstones Law, with regard to
the extraction of jade, rubies, sapphires, emeralds, diamonds and othergemstones and the trade of them in unprocessed and finished jewelry:(a) Commercial tax shall be charged according to sub-section (a), section 11 andsection 14 of this law on the proceeds in kyats or foreign currency from the saleof the gemstones or jewelry;(b) Sub-section (a) shall not apply to sale proceeds which are not taxable [because
they do not exceed the thresholds];(c) Income tax shall be charged on the total net income obtained within a year
according to the income tax rates under this law.
Chapter 8
Miscellaneous
37. The Union Government may, by notification, form a supporting team for tax
collection if necessary.
38. The Union Government shall do the following to enable the sale of locallymanufactured goods in the market and competition with imported goods, thedevelopment of long-term benefits for local agriculture and livestock farming
which mainly depend on the local manufacturing business, and domestic andforeign investments carried out in the state, without contravening international
agreements signed by the state –

13

(a)

Engaging in activities so that, with regard to the amount of goods permitted forimport and customs duty rates, the highest privilege and relief similar to that ofcountries in the ASEAN region within the framework of the WTO and ASEAN
Trade Agreement can be obtained;(b) Making necessary arrangements in conformity with the provisions of thecustoms law, the provisions of the procedures relating to import/export
permission and the fixing of allotments.
39. The relevant ministries must educate and organize the public so that they pay tax
according to the tax assessment law and inform the public of the reliefs andexemptions so that they can be enjoyed in accordance with the law, andrecognize dutiful tax payers and arrange for appropriate rewards.
(Table -1)
2016 - 2017 Financial Year
Taxes of the Union originally earmarked for collection
Sr.
Responsible Ministries
Description
2016 - 2017
No.
of the Union
Estimate
Government
in million kyats
1.
2,485,510.056
Taxes collected on
local production
and consumption
1. MinistryofHome Excise duty
940.311
2. Affairs
Commercial tax
2,229,929.745
3. Ministry of FinanceImport license fees
5,000.000
4. Ministry of CommerceState lottery
30,000.000
5. Ministry of FinanceTransport tax
181,470.000
6. MinistryofRail Stamp duty
37,710.000
7. Transportation
Pearl oyster tissue460.000
Ministry of Financeimplant tax
Ministry of Mines
2.
Taxes collected on
2,370,434.645
income andownership
1.
Income tax
2,370,434.645
3.

Ministry of Finance1.

4.

Ministry of Finance

1.
2.
3.
4.

Customs Duty
Customs duty

Taxes collected on
the extraction andconsumption ofstate- owned
resources
Taxes collected on
MinistryofHome landAffairs
Water tax
Ministry of Agriculture
and Irrigation
Embankment tax

475,000.000
475,000.000
887,384.336

1.485
13.7230.025
2,886.265

14

Sr.
No.

5.

6.

Responsible Ministriesof the Union
Government
MinistryofHome
Affairs
MinistryofEnvironmental
Conservation
andForestry
Ministry
Affairs

of

Home

7.

8.
9.

Ministry of Lifestock,
Fisheries and Rural
Development
10. Ministry of Energy

Ministry of Mines
MinistryofCommunication,
Information Technology
Ministry
PowerofDescription

Tax collected on theextraction of forest
materials
Tax collected on theextraction ofminerals (notincluding industrial
raw materials,
minerals anddecorative stones)
Natural pond andlake tax
Tax collected for the
extraction of oil andnatural gas
Mineral tax and gems
stones tax
Tax collected fortelecommunication
services
Tax collected on thegeneration of electric
power.

2016 - 2017
Estimatein million kyats
3.855

1,303.800
710,613.714

19,540.000
142,595.149

10,426.320

Electric
Grand total

6,218,329.037

Please contact Sebastian Pawlita (sebastian.pawlita@lawplusltd.com) if you
are interested in further information.

15

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Below is a courtesy translation of the ‘2016 Payment of Wages Act’ a law enacted by the
Myanmar parliament. This law has been translated by SMART Myanmar, an EU funded project.*2016 The Payment of Wages Act(2016 Pyidaungsu Hluttaw Law No. 17)
The 1st Waning Day of Pyatho, 1377 M.E.
25th January, 2016
Pyidaungsu Hluttaw enacts this Act.

Chapter (1)Name and Definition
1. This law shall be known as “The Payment of Wages Act”.

2. Definitions in this act have the following meanings:(a) Wages means the wage or salary received as an employee working part time, weekly, ormonthly for the employer. Overtime fees and bonuses paid based on performance or
ethics and other benefits which can be regarded as income are also included in this.
But the following things are excluded…
(1) Travel allowances or other special allowances for travel(2) Expenses based on work requirements that are allowed to be reimbursed later from the
Employer.
(3) Social welfare allowances(4) Contributions by the employer according to any existing law(5) Lodging and meal allowances, charges for electricity, charges for water and other taxes(6) Medical expenses and recreational expenses(7) Contribution upon dismissal or in accordance with sympathy

PWA1601

(8) Pension and reward base on service years upon their retirement(9) Other things set and declared by the Ministry in accordance with the approval of Union
Government stated as these do not concern with wages in this Act.

(b) Employer means the person who is responsible to pay upon the employment of one ormore persons via verbal or written agreement to carry out his/her duty on trade,manufacturing, services, agriculture and livestock. Contractors, authorized agents incharge on behalf of an employer, heirs and authorized dealers are also included andconsidered as employer. But, labor leaders (the head of labor union or workplace
coordination committee) are excluded.

(c) Employee means the person who earns his/her living on the wages, whether from parttime work, piece-work or permanent work.
Persons in internship and scholars, clerks and office staff, labor outside the work,
housemaids and drivers, security guards, cleaners, maintenance workers, chef, postman,gardeners and general workers are included.

(d) The Ministry means Ministry of Labor, Employment and Social Security.
(e) Department means Department of Factory and Labor Law Inspection.

(f) Chief of Inspector means Director General, Department of Factory and Labor
Law Inspection.
(g) Inspector means any investigating officer from Department of Factory and Labor Law
Inspection.

Chapter (2)Methods of payment and time-frame
3. The employer must…
(a) Pay in local currency or foreign currency recognized by the Central Bank of Myanmar. Thismay be in cash, check or deposit into the bank account of Employee.
(b) Moreover, pay can be in the means of…
(1) Totally in cash OR half the cash and half in things set according to the local price tothose employees working in trade, manufacturing and service sectors.
(2) Totally in cash OR half the cash and half in things set as local price according to local
traditions or common agreement to those working in agriculture and livestock sectors.

PWA1601But, this must be for the sake of the employees and their families. And, it also must be
reasonable/fair.
(3) An employee shall receive the payment for 60 days when he/she is in Alternative Civil
Service.

4. An employer must pay for…
(a) Part-time, daily, weekly or other part-time job, temporary or piecework when the work isdone OR at the agreed time.
(b) According to the Article (a), the time frame shall not exceed one month.
(c) Wages for the permanent work must pay per monthly basis. If so…
(1) Must pay at the end of the payment period when there are not more than 100
workers.
(2) If there are 100 workers and above, pay must not be administered later than 5 days
after the end of the payment period.
(d) Upon termination, wages must be paid within 2 days from the date of termination.
(e) If a resignation letter is submitted, wages must be paid at the ending day of the payment
period.
(f) If an employee dies, wages must be paid to the legally recognized heir within 2 working days
after the day he/she has died.
(g) All wages must be paid during the working day.

5. If the owner encounters difficulty to pay the wages according to Section 4 sub-section (c)because of significant happenings, including natural disaster, the employer must report to the
Department with solid evidence that wages will be paid at the mentioned day upon theworkers’ agreement.
6. The Department shall allow the owner to pay the wages at an appropriate time after the
Ministry has investigated and set the rules for that.

Chapter (3)Deductions
7. The Employer…
(a) Can deduct from wages for absences except when such absence is during a public holiday orentitled leave, according to the law.

PWA1601

(b) Accommodation charges and transportation charges, meal allowances, charges for water andelectricity, taxes and errors in payment shall be allowed for deduction.
(c) Can deduct from pre-issued, expensed and saved (or) contributed amount according to thelaw upon the employee contract.
(d) The Employer can deduct with the judgment of the Court of Arbitrator Jury Council.

8. The Employer cannot deduct except the deduction in accordance with Section 7 and Section
11.

9. The total amount of other deductions, except when the employee fails to perform theirduties, shall not be more than 50% of the employee’s wages.

10. The Employer must…
(a) According to Section 11 of this Act, get permission from the Department concerning “why”
and “how” prior to making deductions from wages.
(b) Permissions stated in sub-section (a) shall be publicly posted.
(c) Fines must not exceed the value of damage caused by the action or cost of performance
failure of the employee.
(d) According to Section 4 of this Act, when making a specific deduction…
(1) Do not deduct without allowing an appeal from the Employee.
(2) Do not deduct more than 5% of the monthly wages.
(e) No deduction is allowed from a worker under 16 years old.
(f) The timeframe for deductions shall be set upon an agreement from both sides.
(g) Deductions shall be carried out within the limited timeframe upon the agreement of theTownship Arbitration Council set in accordance with Law.
(h) Every deduction must be well documented.
(i) You must submit a monthly report to the Department concerning deductions.
(j) Fines deducted according to Section 11 sub-section (b) must be used for the social welfare of
the employees upon discussion with a registered labor organization.

11. Employers shall fine for the following actions or performance failure by the employees…
(a) Direct damage which is either intentional or due to negligence or due to the failure of
the employee concerned with company property to take proper care.

PWA1601

(b) A breach of the employment contract or breech of any rules for which a fine had beenpreviously set.
12. If a worker…
(a) Encounters any one of the following situations, he/she shall ask directly or via a registered
Labor Organization or by the in-house Workplace Coordination Committee to the Employer:(1) Any unreasonable deduction from wages(2) Payment which is not made by the due date.
(b) If the Employer takes no action, although asked in accordance with Section 12 Sub-Section(a), the Employee can present this to the Inspector within 6 month from the date of thededuction or from the date of the failure to render payment.

13. (a) The Inspector shall issue a decree after reviewing the case presented in accordance with
Section 12 Sub-Section (b).
(b) Not only the Employee, but also the Employer, has 30 days to appeal to the Chief ofInspector if they are not satisfied with the order.
(c) The Chief of Inspector shall decree after reviewing the appeal applied in accordance with
Sub-Section (b).
(d) The Chief of Inspector’s decision will be the final decision.

Chapter (4)Overtime Wages
14. If an Employee carries out overtime work, he/she must be allowed the presiding overtime
rate as set by the Law.

Chapter (5)Duties and Responsibilities of Inspector and Chief of Inspector
15. In order to supervise or investigate the implementation of the Terms stated in this Act, theMinistry can appoint Inspectors as needed.

16. A Chief of Inspector(a) Can appoint the Inspector depending upon the respective territory.
(b) Can delegate/instruct the Inspector to sue an accused Employer at the relevant court of law.

PWA160117. An Inspector(a) Must perform his/her duty completely as Chief of Inspector appointed.
(b) Has to report to the Chief of Inspector in accordance with the presiding norms.

18. The Inspector and Chief of Inspector has the right to carry out the following actions.
(a) Can inspect the workplace included in this Act at any time upon showing their government
ID. If it is a nighttime inspection, then 2 witnesses must accompany.
(b) During the inspection, according to Section 18 sub-section (a), may check/inspect the payroll
documents, deduction records, and other evidentiary documents of the related/involved persons.
(c) May copy or keep the original payroll records and other documents related to payroll as
evidence, provided this is done with a search warrant and 2 witnesses.

Chapter (6)Lawsuit
19.

(a) An Inspector shall sue any person not in accordance with this Act, for breach of any
term of this Law, at the respective court under the permission of the Chief of Inspectors.
(b) A lawsuit in accordance with the Section 19 Sub-Section (a) shall not affect the right to claim
by civil suit.
(c) Without presenting to an Inspector according to Section 12 sub-section (b), a worker canclaim in accordance with civil law.

20. The Court can decree that payment can be suspended or exempt in the following
circumstances.
(a) Emergency cases including natural disaster.
(b) In cases of bankruptcy of the Employer.
(c) In cases where the employee is absent to accept payment either by himself/herself or by his/her agent.

21. The following circumstances are not included in the lawsuit concerned with deductions or any
other claims.
(a) The claim to the Inspector is in ongoing process.

PWA1601

(b) Already directed to pay for the claim.
(c) Already confirmed as no need to pay.

Chapter (7)Prohibitions
22. All Employers are not allowed to breach any terms stated in Sections 4,5,8,9 and 11.

23. No person is allowed to breach any Bylaws, Notifications and Orders declared in accordancewith this Act.

Chapter (8)Offenses and Penalties
24. Upon conviction, a jail sentence of not more than 3 months (or) a fine of at least 2 Million
Kyats (or) both may be administered to the respective/convicted Employer. Moreover,forfeited wages must be paid to the respective Employee.

25. If an Employer again commits and is convicted of the same offense, there must be a jailsentence up to 6 months (or) a fine of at least 5 Million Kyats (or) both. Moreover, theforfeited wages must be paid to the respective Employee.

26. Upon conviction, the fine must be minimum 100,000 Kyats to maximum 500,000 Kyats toanyone who breaches any prohibition stated in Section 23.

27. Upon conviction, the decree must be the sentence in jail of not more than 3 months (or) fineof not more than 500,000 Kyat (or) both of that for his/her detriment.

Chapter (9)General
28. Any agreement or contract which is incommensurate with the terms stated in this Act shallbe considered null and void.

PWA160129. While implementing the terms stated in this Act,(a) The Ministry can enact the Bylaws and also declare the Rules upon the agreement of theUnion Government.
(b) Departments and Ministries can declare the required Orders, Notifications, Instructions andProcedures.

30. The Payment of Wages Act, 1936 is hereby repealed.

I hereby sign in accordance with Constitution of The Republic of the Union of Myanmar.

Sd/- Thein Sein
President
The Republic of the Union of Myanmar*This document is a courtesy translation of the 2016 Payment of Wages Act. Only the wording of theoriginal Myanmar language version, as approved by the Pyidaungsu Hluttaw, may be considered aslegally valid. SMART Myanmar cannot be responsible for mistakes in translation or accidental omissions.
The information contained herein does not constitute legal advice and is intended for general
information only.
This publication has been produced with the assistance of the European Union.The contents of thispublication are the sold responsibility of SMART Myanmar and can in no way be taken to represent theviews of the European Union.

PWA1601

Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)

Content
Sr.
No
1.

Section No.

Particular
CHAPTER I
TITLE AND DEFINITION

Section 1
Section 2
CHAPTER IIOBJECTIVES

2.
Section 3

CHAPTER III
ESTABLISHMENT

3.
Section 4

Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19

CHAPTER IV
GENERAL POWERS AND DUTIES OF THE CENTRAL BANK OF MYANMAR IN
RELATION TO FINANCIAL INSTITUTIONSGeneral Powers
Delegation of Powers
Cooperation with Regulators
CHAPTER V
LICENSE
Application for License
Documents required for Licensing
Approval or Rejection of Application
Notification by Central Bank
Requirement for Licensing
Compliance with Terms and Conditions
Fees for Banks
Revocation of License
Decision on Revocation
Notification of Revocation of License
Alteration of Constituent Documents
Scheduled Institutions

Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28

CHAPTER VI
Non‐BANK FINANCAL INSTITUTIONS (NBFI) and FOREIGN BANKREPRESENTATIVE OFFICE
Application for Registration Certificate
Issuance of Registration Certificate
Regulations and Directives on NBFINBFI Business
Representative OfficeIssuance or Refusal of Registration Certificate
Activities of Representative Office
Fees for NBFI
Amendment of Constituent Documents

4.

Section 5
Section 6
Section 7
5.

6.

Financial Institutions Law(Content)No Pages‐5.docx

Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)
Sr.
No

Section No.

Particular

Section 29
Section 30

Extension of this Law to NBFI and Representative OfficePublication of List of NBFI and Representative Office
CHAPTER VII
RESTRICTIONS RELATING TO ACCEPTANCE AND SOLICITATION OF DEPOSITS
Restriction on Acceptance of Deposit
Restriction on Unsolicited Calls
False, Deceptive Offensive and Misleading Advertisement
CHAPTER VIII
CAPITAL, RESERVES AND SIGNIFICANT OWNERSHIP
Maintenance of Capital Funds
Maintenance of Reserve Funds
Maintenance of Liquid Assets
Maintenance of Assets in Myanmar
Assigned Capital of Foreign Bank Branch
Provisions for Loans and Other Assets
Payment of Dividends
Prescription on Assets, Liabilities and Provisions
Acquisition of Substantial Interests
Approval to Continue to be Substantial Shareholder
Reporting on Substantial Interest
Approval to Acquire Substantial Interest
Disapplication of Restriction on Substantial Interest
Breach of Restriction on Substantial Interest and Maximum Shareholding
Merger of banks
Merger Procedures
Regulation on Maximum Shareholding
CHAPTER IXPERMITTED ACTIVITIESConditions of Permitted Activities
Permissible Banking Activities
Requirement for Subsidiary
Permissible Activities of Development Bank
Subsidiaries and Consolidated Supervision
Restriction on Trade
Restriction on Investment in Immovable Property
Requirements relating to credit facilities
Large exposures
Restrictions on Investments
Restriction on Cross Holding
Disapplication of Sections 60 and 61
Restriction on Credit for Purchase of Own Shares and Debt Securities
Lending to related party
Regulation on Maximum Foreign Currency Exposure
Regulation on Prudential Requirements
Records of Transactions and Commitments
Money Laundering and the Reporting of suspicious transactions
Control of establishment or acquisition of subsidiaries

7.
Section 31
Section 32
Section 33
8.
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Section 40
Section 41
Section 42
Section 43
Section 44
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
9.
Section 51
Section 52
Section 53
Section 54
Section 55
Section 56
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Section 66
Section 67
Section 68
Section 69
Financial Institutions Law(Content)No Pages‐5.docx

Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)
Sr.
No

Section No.
Section 70
Section 71
Section 72

10.
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 81
Section 82
Section 83
11.
Section 84
Section 85
Section 86
Section 87
Section 88
Section 89
Section 90
12.
Section 91
Section 92
13.
Section 93
Section 94
Section 95
Section 96
14.
Section 97
Section 98
Section 99
Section 100
Section 101
Section 102
Section 103

Financial Institutions Law(Content)No Pages‐5.docx

Particular
Establishment of correspondent banking relationship
Consumer Protection
Anti‐Competitive practices
CHAPTER X
BOARD OF DIRECTORS, CHIEF EXECUTIVE
Board of Directors
Functions, Duties and Powers of the Board
Power to Form Committee
Fit and Proper Criteria
Appointment of Chief Executive and Conditions of Services
Disqualification and Removal from OfficeDisclosure of Interests
Liability of Directors and Officers
Duty to Maintain Secrecy
Exceptions to Duty of Secrecy
Further exception to Duty of Secrecy
CHAPTER XIACCOUNTING, AUDITING AND FINANCIAL STATEMENTS
Accounts and Financial Statements
Audit Committee
Balance Sheet and Profit and Loss Account
Periodic Returns to Central Bank
External Auditors
Audit Report
Submission of Audit Report
CHAPTER XIIREGULATION, INSPECTION AND SUPERVISION
On‐Site Examinations of bankInspections made by Foreign Banks
CHAPTER XIIICORRECTIVE ACTION AND BANK RESOLUTION MEASURES
Responsibility of Central Bank concerning compliance by banks
Corrective actions taken by the Central Bank
Warning notice issued by the Central Bank
Power of Central Bank to ensure corrective actions taken by banks
CHAPTER XIV
ADMINISTRATORSHIP
Appointment of an Administrator
Review of appointment
Effect of taking control
Remedial actions that can be taken by the Administrator
Report of the Administrator
Termination of Administratorship
Financial Support by Central Bank

Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)
Sr.
No
15.

Section No.

Section 104
Section 105
Section 106
Section 107
Section 108
Section 109
Section 110
Section 111
16.

Particular
CHAPTER XVREHABILITATION OF BANK
Action available to the Central Bank
Shareholder Representations
Capital reduction and cancellation of shares
Vesting of Assets and Liabilities
Conditions for Vesting
Effect of Vesting Order
Taxes and fees
Moratorium
CHAPTER XVIREHABILITATION OF NBFI AND SCHEDULED INSTITUTION

Section 112
17.

Section 113
Section 114
Section 115
Section 116
Section 117
Section 118
Section 119
Section 120
Section 121
Section 122
Section 123
Section 124
Section 125
Section 126
Section 127
18.
Section 128
Section 129
Section 130
Section 131
Section 132
19.
Section 133
Section 134
Section 135
Section 136
Section 137
Section 138
Section 139
Financial Institutions Law(Content)No Pages‐5.docx

CHAPTER XVIILIQUIDATION OF BANKS,PRIOR APPROVAL NEEDED FOR VOLUNTARY
WINDING‐UP AND LIQUIDATION OF A BANK
Prior Approval of Central Bank for Voluntary Winding‐up and Liquidation
Conditions for Voluntary Winding ‐up or Liquidation
Notice of Voluntary Liquidation
Rights of Creditors
Cancellation of License and Distribution of Assets
Compulsory liquidation
Representative of Owners in Liquidation Proceedings
Petition for commencing liquidation proceedings
Rejection of Petition
Appointment of Liquidator
Negotiated Settlements
Priority of Payment
Cross Border Insolvency
Power of Central Bank to make Regulation on Liquidation
Disapplication of other Laws Relating to Insolvency
CHAPTER XVIII
E‐MONEY, E‐BANKING AND MOBILE BANKINGInterpretation
Issue of E‐Money and Credit Token Restricted
Regulation on E‐ Money and Credit Token
Violation
E‐ Banking Services
CHAPTER XIX
OVERSIGHT OF PAYMENT AND SETTLEMENT SYSTEM
Payment System Policy
Powers of the Central Bank
Power of Central Bank to Establish, Operate and Supervise Payment Systems
Additional Power of Central Bank on Payment Systems
Validity of Netting Agreements
Interpretation
Legality of Settlement Rules

Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)
Sr.
No

Section No.

Particular

Section 140
Section 141

Electronic Presentment of ChequesRegulation on Cheques
CHAPTER XX
CREDIT INFORMATIONPowers of the Central Bank regarding Credit Bureau
Regulation of Private credit bureaus
Right of Central Bank to obtain Information
CHAPTER XXI
POWER TO EXEMPT, RECOVERY OF FEES, BANK HOLIDAYS AND JUDICIALREVIEW
Recovery of fees, expenses, etc.
Declaration of holidays
Judicial Review
Exemption of certain transactions from stamp duties
CHAPTER XXIIELECTRONIC EVIDENCE
Authentication of electronic documents
Application of evidence rule for electronic documents
Presumption of integrity of electronic document
Standards may be considered
CHAPTER XXIIIPARTICULARS OF UNCLAIMED MONEYS OR DORMANT ACCOUNTS

20.
Section 142
Section 143
Section 144
21.

Section 145
Section 146
Section 147
Section 148
22.
Section 149
Section 150
Section 151
Section 152
23.
Section 153

CHAPTER XXIVADMINISTRATIVE PENALTIES

24.
Section 154
Section 155
Section 156
Section 157
25.
Section 158
Section 159
Section 160
Section 161
Section 162
Section 163
Section 164
Section 165
Section 166
Section 167
Section 168
Section 169
Section 170
26.
Section 171
Financial Institutions Law(Content)No Pages‐5.docx

Imposition of Penalties
Appeal against Penalties
Criminal or Civil Action not Precluded
Liability for Damages
CHAPTER XXVPROHIBITIONS
Prohibition on carrying on banking business
Prohibition on carrying on NBFI business
Offence of Submission of False or Misleading Information
Prohibition on use of words “bank”, etc
Prohibition on establishment of Representative Office
Prohibition of illegal deposit taking
Prohibition on use of words “Finance Company”, etc
Prohibition of Unsolicited Calls
Prohibition on Advertisement
Prohibition of Transfer of License
Prohibition on Merger and Amalgamation of bank business
Offence Relating to E‐money and Credit Token
Offence Relating to Private Credit Bureau
CHAPTER XXVIOFFENCES AND PUNISHMENT
Offences against Sections 158, etc

Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)
Sr.
No

Section No.
Section 172
Section 173
Section 174

27.
Section 175
Section 176
Section 177
Section 178
Section 179
Section 180
Section 181
Section 182
Section 183
Section 184
Section 185

Financial Institutions Law(Content)No Pages‐5.docx

Particular
Offences against Sections 161, etc
Power to Compound Offences
Abetting, Attempt or Conspiracy
CHAPTER XXVIIGENERAL
Conflict of Law
Surrender and Reissuance of License
Requirement to provide information for reissuance of License
Preservation of Central Bank Actions
Preservation of Rules, Regulations, etc
Preservation of Pending Application and Appeal
Preservation of Transactions and Dealings
Cognizable Offences
Legal Protection
Power of Central Bank to issue Regulation, etc
RepealUnofficial Translation
Financial Institutions Law(Pyidaungsu Hluttaw Law No. 20, 2016)
1st Waning of Pyatho 1377 ME(January 25, 2016)
Pyidaungsu Hluttaw hereby enacts this Law.
CHAPTER I
TITLE AND DEFINITION
1.

This Law shall be called the Financial Institutions Law.

2.

The following expression contained in this Law shall have the meanings given hereunder:‐(a)State means the Republic of the Union of Myanmar.
(b)
Financial Institution means banks, non‐bank financial institutions and scheduled
institutions.
(c)Bank means an entity licensed by the Central Bank under this law to carry on banking
business. In which commercial bank, development bank and foreign bank branchlicensed under this Law are also included.
(d)Banking business means the business of commercial banking or developmentbanking.
(e)
Entity means a company established under the Myanmar Companies Act or Special
Company Act and State‐owned Financial Institutions.
(f)Commercial Banking Business means the business of;(1)
accepting or receiving various kinds of deposits ;(2)
paying and collecting cheques drawn by or paid in by customers;(3)
providing credit facilities; and(4)such other banking business as the Central Bank may prescribe under Section
52.
(g)Commercial Bank means a bank licensed by the Central Bank under this Law to carryon commercial banking business.
(h)Development Banking Business means the business of accepting fixed deposits withterms exceeding one year and financing of specific economic sectors at terms
consistent with the terms of the resources collected by such banks or funds provided
by the Government.
(i)
Development Bank means a bank licensed by the Central Bank under this Law to carryon development banking business.
(j)
Non‐Bank Financial Institution means an entity that is registered under Section 20 tocarry on one or more of the following businesses‐(1)
finance company;(2)leasing;1

Financial Institutions Law edited by CBM 20160303(Website)‐1

(k)

(l)
(m)

(n)
(o)

(p)
(q)

(r)
(s)
(t)

(u)

(3)
factoring;(4)
credit token;(5)money services;(6)
any other credit services the Central Bank may prescribe.
Holding company means a company that owns 51% or more of the shares of a bank or
has the power to elect a majority of the directors of the bank or exercises a significant
influence over the management, operations and policies of the bank.
Board of Directors means the Board of Directors of a financial institution.
Bank Branch, in relation to a bank, includes the principal place of business, a branch,a pay office or sub-pay office, an agency and a place of business set up andmaintained for a limited period only.
Business day means any calendar day other than a Saturday, Sunday, public holiday
and bank holiday.
Capital funds means(1)in the case of a bank established in Myanmar, its capital used for the purposesof calculating its capital adequacy ratio prescribed by the Central Bank; and theaggregate of its paid-up capital and its published reserves, deduction having
been made for any loss appearing in the accounts of the bank and(2)in the case of a foreign bank branch licensed in Myanmar, its initial paid-up
capital and its capital used for the purposes of calculating its capital adequacy
ratio prescribed by the Central Bank from time to time.
Central Bank means the Central Bank of Myanmar established under the Central Bankof Myanmar Law.
Chief Executive, in relation to a financial institution, means a person who is principally
responsible for the management and conduct of the business of the financial
institutions, in which in the direct employment of, or acting for or by arrangement
with, the financial institution also included.
Company has the same meaning as defined in Myanmar Companies Act.
Subsidiary company has the same meaning as defined in the Myanmar Companies
Act.
Credit facility means –(1)
the granting by a financial institution of advances, loans and other facilities
where by a customer of the financial institution has access to funds or financial
guarantees; or(2)
the incurring by a financial institution of other liabilities on behalf of acustomer.
Credit societies business means the business of engaging primarily in financing toindividuals who are members for consumption, production or commerce, using funds
collected in member’s accounts.

2

(v)

Credit token business means the activity of issuing a token being a credit card, debit
card, charge card or stored value card and such other card or device prescribed by theCentral Bank.
(w)
Credit bureau means an entity specialized in the collection and sale of credit
performance information for individuals and companies.
(x)
Deposit means a sum of money paid on terms under which it will be repaid or it isrepayable, either wholly or in part, with any consideration in money or money’s worth
and such repayment being either, on demand or at a time or in circumstances agreed
by the person or an entity making the payment and the person receiving it.
(y)Document includes –(1)
any matter expressed or described on any material in any form;(2)
any visual or sound recording, electronic, magnetic or mechanical .
(z)
Employee means an employee of the financial institution and includes an individual
seconded or temporarily transferred from another employer.
(ya) Factoring business means the business of financing accounts receivables.
(la)Fit and proper means probity, integrity, diligence, competence, banking and businessexperience of a person and set of criteria prescribed by the Central Bank for the
purposes of this Law.
(wa) Finance Company business means business engaging primarily in financing thepurchase of goods or services with funding other than deposits from the public.
(tha) Foreign bank branch means a branch of a foreign bank licensed by the Central Bank tocarry out banking business in Myanmar.
(ha) Government means the Union Government of the Republic of the Union of Myanmar.
(lagyi) Leasing business means the business of letting or sub-letting movable property on
hire, regardless whether the letting is with or without an option to purchase theproperty.
(aha) License means the authorization issued by the Central Bank to carry on banking
business under this Law.
(aa) Registration Certificate means the approval issued by the Central Bank to NBFI tocarry on business under this Law.
(bb) Ministry means the Union Ministry of Finance.
(cc)
Money services business means the business of(1)money transmission;(2)
issuance and management of payment instrument;(3)
cashing of cheques;(4)
issuing and selling of traveler’s checks or money orders.
(dd) Officer in relation to a financial institution, includes–(1)
the chief executive, or his deputies;(2)
the chief financial officer;(3)such other person performing executive functions at the financial institution.

3

(ee)

Payment system means any system or arrangement for the transfer, clearing or
settlement of funds or securities, but excludes—(1)
an in-house payment system operated by a person solely for own
administrative purposes;(2)such other systems or arrangements as may be prescribed by the Central Bank.
(ff)
Payment instrument means any instrument, whether tangible or intangible, thatenables a person to obtain money, goods or services or to otherwise make payment.
(gg) Place of business means a branch or an office of a financial institution.
(hh) Relative in relation to a person means his spouse, brother or sister of the individual,
brother or sister of the spouse of the individual, any lineal ascendant and descendantof the individual or spouse of the individual and his dependents; and any such
relationship created through adoption.
(ii)
Related party in relation to a financial institution means(1)a person who has substantial interest in the financial institution or the financial
institution has significant interest in the person;(2)
a director or officer of the financial institution or of a body corporate that
controls the financial institution;(3)
a relative of a natural person covered in paragraphs (1) and (2);(4)
an entity that is controlled by a person described in paragraphs (1), (2) and (3);(5)
a person or class of persons who has been designated by the Central Bank as arelated party because of its past or present interest in or relationship with thefinancial institution.
(jj)
Scheduled Institutions means institutions not established under this law, but underanother law, that provide financial services for a specific group or a community that
include;(1) Rural Development Bank;(2) Agricultural Bank;(3) Micro Finance Institutions licensed under the Microfinance Business Law;
(4) Credit Societies;(5) Postal Savings Bank.
(kk) Securities include securities as defined in the Securities Exchange Law.
(ll)
Substantial interest means owning, directly or indirectly, ten percent or more of thecapital or of the voting rights of a financial institution or, directly or indirectly,
exercising control over the management of the financial institution, as the Central
Bank may determine.
(mm) Associate company means a company where not less than twenty per centum and not
more than fifty per centum of that company's shares are held by another company.

4CHAPTER IIOBJECTIVES
3.

The aim of this Law is(a)to obtain sustainable economic development of the State;(b)to develop the financial sector of the State;(c)to ensure that financial Institution within the State carry on financial services activities
in line with the international standards ;(d)to enable the Central Bank to effectively regulate and supervise the financial
institutions in accordance with the international standards; and(e)to maintain the stability, safety and soundness of the financial system and to protect
the depositors’ interest.
CHAPTER III
ESTABLISHMENT

4.
The financial institutions shall be established as limited liability company in accordance with
the Myanmar Companies Act or with the Special Company Act. In the case of state-owned financial
institutions, it shall be deemed to have been established under this Law.
CHAPTER IV
GENERAL POWERS AND DUTIES OF THE CENTRAL BANK OF MYANMAR IN RELATION TO FINANCIAL
INSTITUTIONSGeneral Powers
5.
The Central Bank in relation to the financial institution, shall have power to (a)grant licenses;(b)provide registration, approval and authorization;(c)carry out regulation and supervision of bank and NBFIs under this Law;(d)require any bank and NBFI to comply with any order, regulation, directive andguideline issued under this Law;(e)require any bank and NBFI to provide any information and periodical written reports
as may be prescribed by the Central Bank;(f)promote, implement and enforce consumer protection in the banking and payment
system; and(g)such other power conferred on it under this Law.
Delegation of Powers
6.
In implementing its duties under this Law, the Central Bank(a)may also authorise or instruct its officer or employee to perform any functions,
exercise any powers, or discharge any duties;(b)
may appoint any person who is not its officer or employee to perform any functions,
exercise any powers, or discharge any duties, as determined by Board of Directors.
5

Cooperation with Regulators
7.
In carrying out functions under this Law the Central Bank may(a)cooperate with regulators of financial institutions not governed under this Law andrelevant domestic and international authorities and exchange information relating toany bank or NBFI.
(b) the Central Bank may enter into memorandum of understanding and other suitablearrangements with other financial regulators to ensure the safety and soundness of thefinancial system.
(c)
In regulating and supervising representative offices of foreign banks, and bank and
NBFIs, in which foreign banks or foreign investor has a substantial interest, cooperatewith the foreign regulators concerned, on the basis of reciprocity and ensuring timely
exchanges of information adequate to discharge its regulatory and supervisory
responsibilities.
(d) have the power to enter into cooperative arrangements and shall provide for theconfidential treatment of the information received pursuant to the memorandum of
understanding and other arrangements.
CHAPTER V
LICENSE
Application for License
8.
(a)
Any person wishing to conduct banking business under this Law must apply to theCentral Bank for a license in the prescribed form together with the following
documents(1)document evidencing that proposed applicant is a company or an entity
incorporated under the Laws of Myanmar;(2)
a copy of the proposed applicant’s Memorandum of Association, its Articles of
Association and any other document associated with its formation;(3)
the proposed location of the principal place of business and the branch officesof the proposed bank;(4)
copies of the audited balance sheets and profit and loss accounts of theapplicant;(5)
the amounts of the authorized and subscribed capital of the proposed
institution;(6)
a business plan for the proposed institution, setting out the types of activities
envisaged for and the structural organization of the proposed institution;(7)
the qualification and experience, business or profession, the financial conditionof owners of substantial interest in the proposed institution;(8)
the qualification and experience, the directors and chief executive of the
proposed institution;(9)
an authorization of the applicant permitting the Central Bank to carry out
financial, criminal and professional background checks on the applicant, its
directors and chief executive and affiliated persons;
6

(10)

(b)

an authorization of the owners, directors and chief executive of the proposed
institutions, permitting the Central Bank to carry out financial, criminal andprofessional background checks on them and affiliated persons;(11) such additional information as shall be prescribed by regulation of the Central
Bank.
The State-owned bank established under any written Laws of Myanmar before thisLaw shall reapply its license under this Law in accordance with section 176 of this Law.

Documents required for Licensing
9.
In addition to the documents listed in section 8 of this Law, the following documents shallaccompany the application by a foreign bank for a license to carry on banking business in Myanmar
through a subsidiary or branch –(a)a credit rating report by an international credit rating agency;(b)a statement of its capital position, its ranking by total assets and capital in its homecountry and globally;(c)a written undertaking of the foreign bank, to provide such funds as may be necessary
to meet all its obligations relating to the business activities of its subsidiary or branch
in Myanmar;(d)a written statement from the bank regulator of the country where the foreign bankmaintains its principal place of business certifying that:(1)
the foreign bank has a valid license to carry on banking business in thatcountry;(2)
the foreign bank is authorized under the law of that country to establish a
subsidiary or a branch in Myanmar;(3)
no facts are known to the regulator showing that any director or officer of thesaid foreign bank are not fit and proper.
Approval or Rejection of Application
10.
(a)
The Central Bank shall, on an application having been duly made in accordance withsection 8 and 9, approve the application for license if the licensing requirements
under this Law are met.
(b)
The Central Bank shall reject an application for a license if it is satisfied that any of thefollowing circumstances apply –(1)
the licensing requirements under this Law has not been met;(2)
any information contained in the application for a license or any information
submitted in connection there with is found to be false, misleading or
inaccurate;(3)
the Central Bank has determined that there are indications that the applicant
would not comply with any of the requirements under this Law or any otherLaws in Myanmar;(4)
the Central Bank has determined that there are indication that the influencethat would be exercised on the applicant by any person who has a substantial
7

(5)

(6)

interest in the proposed institution would threaten the sound and prudent
management of the applicant;the Central Bank has determined that the applicant would be connected to agroup of persons that would pose a threat to the sound and prudent
management of the applicant or hinder the Central Bank in the discharge of its
regulatory and supervisory responsibilities;
the Central Bank has determined that current domestic economic or financial
conditions in Myanmar warrant the rejection of the application for a license.

Notification by Central Bank
11.
The Central Bank(a)shall notify the applicant in writing of its decision whether to issue or refuse a license
within a period of not later than six months from date of the receipt of a complete
application.
(b)shall return any incomplete application to fulfill the licensing requirements. Where
any additional information or document required by the Central Bank is not provided
by the applicant within the specified period, the application shall be deemed to havebeen withdrawn.
(c)
The Central Bank may make changes to the conditions and restrictions in a license thathas been issued, in light of any factors that may undermine the efficient and stable
operation of the bank or the financial system or the interests of depositors.
(d)shall determine the rules and regulations on licensing, and publish the list of banks
licensed annually.
Requirement for Licensing
12.
Any person wishing to carry out banking business shall be –(a)a company incorporated under written Laws in Myanmar and has a valid license
issued by the Central Bank;(b)a foreign bank subsidiary or branch with a valid license issued by the Central Bank;(c)a person who is exempted under section 19.
Compliance with Terms and Conditions
13.
Any bank, holding a license issued by the Central Bank, shall –(a)comply with all conditions and restrictions imposed by the Central Bank ;(b)commence its operations within one year from the date of receipt of its license tooperate;(c)
not carry on any activity other than the activities permitted under this Law; and(d)conspicuously display a copy of its license at each of its place of business.
Fees for Banks
14.
(a)
The Central Bank may prescribe different fees for licenses issued for different
businesses or for different classes or categories of banks.
8(b)Every bank shall pay the following fees not less than one month before theanniversary date of the issue of the license –(1)
a license fee upon being licensed;(2)
a fee for opening any office in Myanmar other than the office at the principal
place of business;(3)
an annual fee on the license so issued and in respect of each office, including
the office at the principal place of business.
Revocation of License
15.
(a)
The Central Bank may revoke the license of a bank if:(1)
failing, within the period specified, to deposit the modified minimum capitalrequirements prescribed for banks;(2)
failing, within the period specified, to restore the minimum capital required
following losses in business;(3)
failing, within the period specified, to refrain from activities which violate theexisting laws or fail to comply with the terms and conditions prescribed by theCentral Bank;(4)liquidating voluntarily or involuntarily or bankruptcy;(5)extinguishing of the original legal entity as a result of a merger, amalgamation
or division;(6)
Central Bank is satisfied that the revocation of the license would not be
contrary to the national interest and interests of the depositors of the bank;(7)
the bank provided, in connection with its application for the license,
information that was false or misleading in a material particular;(8)
the bank fails to commence permitted activities within one year from the dateof receipt of the license;(9)
the bank ceases to conduct permitted activities without having any soundreasons for more than three months continuously;(10) the bank conducts permitted activities in a manner detrimental to the rights
and interests of depositors;(11) it would be contrary to the national interest for the license to remain in force;(12) it would be contrary to financial system stability in Myanmar for the license toremain in force;(13) the bank acts in contravention of the Central Bank of Myanmar Law or thisLaw, or the rules and regulations framed there under;(14) the bank fails to comply with the orders or directives issued by the CentralBank;(15) the bank becomes insolvent or is unlikely to return to solvency within areasonable period of time;(16) the bank is merged or amalgamated with any other bank without having priorapproval of the Central Bank;(17) the bank requests the Central Bank to revoke its license.
9

Decision on Revocation
16.
The Central Bank ‐(a)shall make a decision on the revocation within ninety days from the date of above
circumstances occurred under section 15;(b)
Information concerning the decision taken under sub‐section (a) and the grounds onwhich the decision is based shall be furnished in writing to the concerned bank.
Notification of Revocation of License
17.
Where the decision has been made to revoke a license under section 15 and 16, the Central
Bank shall publish a notification for public information.
Alteration of Constituent Documents
18.
Any bank incorporated in Myanmar seeking to alter its Memorandum of Association or its
Articles of Association shall get the prior written authorization of the Central Bank.
Scheduled Institutions
19.
(a)This Law shall not apply to scheduled institutions.
(b)
Notwithstanding sub‐section (a), scheduled institutions shall be subject to the whole
or any part of this Law, if the Ministry upon the recommendation of the Central Bank
decides that‐(1)
it is in the interest of the depositors or public; or(2)the total assets of the scheduled institutions exceeds the amount prescribedby the Central Bank in a regulation for purposes of this section; or(3)
the said institution poses a threat to stability and soundness of the banking
system or the financial system as a whole; or(4)
the said institution is operated for the sole purpose of avoiding being licensed
or registered as a bank, or NBFI under this Law.
(c)
The Ministry shall publish an order to give effect to the decision in sub‐section (b).
(d)
It shall not be necessary for the Ministry or Central Bank to give an opportunity to thescheduled institution concerned to make any representation prior to the order.
(e)
An order of the Ministry under subsection (b) shall be deemed to be an integral part ofthis Law and be read as one with this law.
(f)
The Ministry may issue the necessary regulations and the Central Bank may issue
necessary notification, order, directive and procedures to give effect to this section.
(g)
The provisions of this section and any regulations or order made hereunder shall havefull force and effect notwithstanding anything contained in the written Law underwhich the scheduled institution is established and anything contained in any otherwritten Law.

10

CHAPTER VI
Non‐BANK FINANCAL INSTITUTIONS (NBFI) and FOREIGN BANK REPRESENTATIVE OFFICE
Application for Registration Certificate
20.
(a)
A company wishing to carry on NBFI business shall apply to the Central Bank for theregistration certificate as prescribed by the Central Bank.
(b)
Persons carrying on NBFI business prior to the effective date of this Law shall apply to
the Central Bank within 6 months of the effective date to obtain a registration
certificate from the Central Bank to carry on NBFI business.
Issuance of Registration Certificate
21.
The Central Bank shall issue the registration certificate to the applicant under section 20 withthe terms and conditions as it may deem fit.
Regulations and Directives on NBFI22.
The Central Bank may issue regulations and directives to NBFI on matters pertaining to‐(a)governance requirements;(b)transparency and disclosure requirements;(c)consumer protection;(d)reporting requirements; and(e)such other matters relating to regulation and oversight of the NBFIs.
NBFI Business
23.
A NBFI may engage in one or all of the following activities subject to any conditions andrestriction imposed by the Central Bank‐(a)finance company business;(b)leasing business;(c)factoring business;(d)credit card business;(e)money services business;(f)
any other credit services the Central Bank may prescribe;(g)such other activities determined by the Central Bank.
Representative Office24.
Foreign financial institution seeking to set up a representative office in Myanmar shall obtain
the registration certificate of the Central Bank.
Issuance or Refusal of Registration Certificate
25.
The Central Bank ‐(a)upon receipt of complete application under section 24, having assessed theapplication, may grant or refuse the registration certificate subject to terms andconditions;
11

(b)

may issue rule and regulations relating to representative office in Myanmar.

Activities of Representative Office26.
(a)A representative office shall only carry on activities or business as may be specified by
the Central Bank;(b)
No foreign financial institution shall, through its representative office, carry on within
Myanmar any banking, development banking or NBFI business.
Fees for NBFI27.
A NBFI and a foreign institution respectively upon receipt of the registration certificate shall –(a)pay fees as may be prescribed by the Central Bank;(b)
at any time submit information relating to its business or affairs, and such periodical
returns as the Central Bank may specify.
Amendment of Constituent Documents
28.
(a)Every NBFI, or every representative office shall, within three months notify the Central
Bank of any amendment or alteration to any of its constituent documents;(b)
The notification in sub‐section (a) must be duly verified by a statutory declaration
made by a director of the NBFI or representative office.
Extension of this Law to NBFI and Representative Office29.
(a)the Central Bank may by an order published in the gazette, declare that any or all of
the provisions of this Law shall apply to a particular NBFI, or representative office, or
to such class, category of NBFI, business or representative offices generally if it isnecessary to –(1)
promote monetary stability and a sound financial structure; or(2)influence the credit situation to the advantage of State; or(3)protect the interest of the public in respect of the business or activities carriedon by the NBFI, or representative office.
(b)
Where an order under sub‐section (a) is published the provisions of this Law madeapplicable to such NBFI, or representative office, or such class, category of NBFI
business or representative offices, shall apply as if the references therein to a bankwere references to such particular NBFI, or representative office, or to such class,category or description of NBFI business, or representative offices.
Publication of List of NBFI and Representative Office30.
The Central Bank shall publish annually a list of all NBFIs and representative office mentioned
in section 29.

12

CHAPTER VII
RESTRICTIONS RELATING TO ACCEPTANCE AND SOLICITATION OF DEPOSITS
Restriction on Acceptance of Deposit
31.
Only persons having a valid license granted by the Central Bank may carry on the business of
accepting deposit.
Restriction on Unsolicited Calls
32.
Except with the written consent of the Central Bank, no financial institutions or person canmake unsolicited calls for the purposes of(1)soliciting or procuring for the making of deposit in Myanmar; or(2)entering into or offering to enter into any agreement with a view to the acceptance of
deposit in Myanmar.
False, Deceptive Offensive and Misleading Advertisement33.
(a)
If the Central Bank is of the opinion that any statement made in an advertisement
issued by a bank is false, deceptive offensive or misleading, the Central Bank may by
notice in writing direct the bank to do all or any of the following :(1)cease the continued issue of the advertisement;(2)
modify the advertisement in such manner as may be specified by the Central
Bank;
(3)
take all practical steps to retract or withdraw the advertisement from every
and all publication or display of it.
(b)
The Central Bank may vary, amend or revoke any directions issued under sub-section(a).

CHAPTER VIII
CAPITAL, RESERVES AND SIGNIFICANT OWNERSHIP
Maintenance of Capital Funds
34.
(a)Banks shall hold capital in the following manner(1)in the case of a bank incorporated in Myanmar, its paid-up capital is not lessthan twenty billion kyat;(2)in the case of branch or subsidiary of foreign bank, its paid-up capital is notless than the equivalent of seventy five million US dollars.
(b)
The paid-up capital in sub-section (a) may be increased from time to time by theCentral Bank as prescribed in a regulation.
(c)
A bank shall maintain at all times, net capital funds unimpaired by losses, in such ratio
specified by the Central Bank in a regulation.
(d)
For the purposes of this Law, the initial capital funds of a bank shall be the amount ofsubscribed and paid- up capital.
13

(e)

A bank seeking to reduce its share capital shall obtain the prior written approval of theCentral Bank.

(f)

The Central Bank may require a bank with a subsidiary to calculate and maintain theminimum capital adequacy ratio on a consolidated basis.

(g)

For the purposes of this Law‐
(1)
Core capital or Tier 1 Capital means permanent shareholders’ equity in theform of issued and fully paid ordinary shares, and perpetual non‐cumulative
preference shares, capital grants and disclosed reserves less year to datelosses, goodwill, pre‐operating expenses and/or prepaid expenses, deferredtaxes, capitalized leasehold rights and any other intangible assets;(2)
Supplementary capital or Tier 2 capital means general provisions which areheld against future, presently unidentified losses and are freely available tomeet losses which subsequently materialize, subordinated debts, cumulativeand redeemable preferred stocks, and any other form of capital as may be
determined and specified from time to time by the Central Bank;(3)
Total capital means the sum of core capital and supplementary capital; and(4)
Total risk weighted assets and off‐balance sheet exposures means total assets
and off‐balance sheet exposures adjusted in relation to the risks of thedifferent categories of assets and off‐balance sheet exposures as may beprescribed by the Central Bank.

Maintenance of Reserve Funds
35.
(a)
A bank shall maintain a reserve fund and a sum equal to twenty five per centum of
the net profits of that year shall be transferred to its reserve fund. Such transfer shallbe made so long as the amount of the reserve fund is equal to one hundred per
centum of its paid ‐up capital; and(b)
Notwithstanding sub‐section (a), the Central Bank may from time to time specify adifferent portion of the net profits of each year, to be transferred to the reserve fundof a bank.
Maintenance of Liquid Assets
36.
A bank shall hold such minimum, or minimum average amount of liquid assets in Myanmar at
all times or over such time as may be specified by the Central Bank in a regulation.
Maintenance of Assets in Myanmar
37.
A bank shall maintain at all times, such minimum amount of assets in Myanmar as may be
specified by the Central Bank in a regulation.
Assigned Capital of Foreign Bank Branch
38.
(a)
A foreign bank shall maintain for its bank branch, a minimum amount of assigned
capital, which amount shall be the same as the minimum amount of initial capital
14

(b)

funds to be maintained if such foreign bank branch was established and licensed as adomestic bank.
The assigned capital to be maintained by a foreign bank for its branch shall be kept in
the form and manner as may be specified by the Central Bank in a regulation.

Provisions for Loans and Other Assets
39.
Every bank shall‐(a)make provision for loans, advances and other assets before any profit or loss isdeclared;(b)ensure that the provision for loans, advances and other assets made under sub‐section (a) is adequate according to such regulations as may be specified by theCentral Bank.
Payment of Dividends
40.
(a)A bank shall only pay dividends or make any form of distribution to its shareholders
from its profits.
(b)
No bank shall declare or pay any dividend or make any form of distribution to its
shareholders–(1)
until all its capitalized expenses, including preliminary expenses, other items of
expenditure, and tangible assets, have been completely written off;
(2)
if, as a result thereof, the aggregate book value of its assets would be less than
the sum of the book values of its liabilities and unimpaired capital funds;(3)
as long as the bank is in breach of a requirement imposed by or under any
provision of this Law.
Prescription on Assets, Liabilities and Provisions
41.
The Central bank may prescribe‐(a)different minimum amounts of assets to be held by different classes or categories ofbanks;(b)different type of assets to be classified as assets, and different type of liabilities to beclassified as liabilities, for different classes or categories of banks; and(c)different provisions for different classes or categories of banks in relation to any
matter provided under this Law.
Acquisition of Substantial Interests42.
(a)
Any person, alone or in concert acquiring the substantial interest of a bank shallsubmit to the Central Bank a written application accompanied by any other supporting
documents as may be specified in the regulations issued by the Central Bank.
(b)
The Central Bank shall be authorized to carry out the background checks referred to insub‐section (a) and may require any additional documents and information in relation
to an application made.
15

(c)

(d)

The Central Bank shall not grant an approval to an application made under sub-section(a) and (b), if it determines that one or more of the following circumstances apply:(1)
the applicant, being an individual, is not a fit and proper person;(2)
the applicant, being a body corporate, has one or more directors or chief
executive who are not fit and proper persons;(3)facts are known to the Central Bank to indicate that the person making theacquisition would exercise significant influence on the bank that would
threaten the sound and prudent management of the bank.
The Central Bank shall have power to approve or reject any application made undersub-section (a).

Approval to Continue to be Substantial Shareholder
43.
No person who is a substantial shareholder of a bank shall, upon the coming into force of thisLaw, continue to be such a shareholder unless, within 6 months after effective date, apply to theCentral Bank for approval to continue to be such a shareholder.
Reporting on Substantial Interest
44.
Each bank shall submit an annual report to the Central Bank of the names and addresses ofshareholders having substantial interest in the bank and the number of voting shares held by such
persons.
Approval to Acquire Substantial Interest
45.
No person shall, alone or in concert with one or more persons, enter into any agreement or
arrangement to acquire substantial interest in a bank without the prior approval of the Central Bank.
Disapplication of Restriction on Substantial Interest
46.
(a)
The provisions of sections 43 and 45 shall not apply to(1)Voting shares of a bank acquired(aa) in lieu of shares for the repayment of credit granted by the bank;(bb) under an underwriting arrangement, in which case the bank shalldispose of such voting shares within one year or such longer period as
the Central Bank in exceptional circumstances may approve;(2)
Voting shares of a bank held as an agent, trustee or custodian.
(b)
A bank which has acquired voting shares of another bank under paragraph 1(aa) of
sub-section (a) shall inform the Central Bank upon its acquisition of such voting shares.
Breach of Restriction on Substantial Interest and Maximum Shareholding
47.
(a)Where the Central Bank is satisfied that any person has contravened the provisions ofsections 42,43,44 and 45 or the regulations made under section 50, the Central Bank
may impose administrative penalties under a directive as follows-

16

(1)

(b)

(c)

(d)
(e)

in respect of any voting shares which are the subject of the contravention
prohibit the transfer of, or the carrying out of the agreement or arrangement
to transfer, such shares;(2)
prohibit the exercise of any voting rights in respect of such shares;(3)
prohibit the issue of further shares or pursue any offer made to their holder;(4)
except in a liquidation, prohibit the payment of any sums due from the bankon such shares;(5)
in respect of the defaulting person, the Central Bank direct such person to sellsuch shares by public auction.
A directive made under sub-section (a) shall be served on the defaulting person assoon as practicable, and may be publicized in such manner as the Central Bank deems
fit.
Any defaulting person against whom a directive has been made under sub-section (a)may, within fourteen days of the service of the directive, make representations inwriting to the Central Bank applying for a revocation or for a modification of theorder.
The Central Bank may, after considering the representations made under sub-section(c), either confirm the directive, or revoke it, or vary it in such manner.
The Central Bank may give directions to the directors or officers of a bank as may benecessary to give effect to any directive made under sub-section (a).

Merger of banks
48.
(a)With the prior written approval of the Central Bank, banks shall carry on the following(1)for a bank to acquire the business or a substantial part of the business ofanother bank or to sell all or a substantial part of its own business;(2)
for the amalgamation or merger of a bank with another bank;(3)
for a foreign bank to acquire the business or a substantial part of the businessof a bank in Myanmar or to sell all or a substantial part of its own business in
Myanmar;(4)
which will result in a change in the control of a bank or its holding company.
(b)
An application for the approval in sub-section (a) shall be submitted to Central Bank
together with a copy of the proposed agreement and all other relevant informationand documents.
(c)
At any time after receiving an application the Central Bank, may by written notice,require the applicants or any of them to provide any additional information anddocuments.
(d)
The Central Bank shall, on an application having been duly made under this section
approve or refuse the application and make necessary modifications, or impose conditions in approving the application.
(e)
In relation to the sub-section (a)(4) , the term “control” includes(1)the ability to influence, whether directly or indirectly, the composition of theboard of directors of a company or any other body corporate;
17

(2)

holding, directly or indirectly, whether personally or through a holding
company or companies or subsidiaries thereof, or in any other way, anaggregate of twenty per centum or more of the voting power of a company orbody corporate.

Merger Procedures
49.
(a)Where Central Bank has granted approval to an application in respect of anagreement under section 48, the institution whose business is to betransferred(transferor) and the person to whom the transfer is to be made(transferee) may make a joint application to the High Court of the Region or High
Court of the State by way of an ex-parte originating summons for such order of theHigh Court of the Region or High Court of the State as may be required to facilitate or
enable the agreement being given effect to.
(b)
On the hearing of an application under sub-section (a), the concerned High Court of
the Region or High Court of the State may grant an order in the terms applied for orwith such modifications or variations as the High Court of the Region or High Court of
the State deems just or proper in the circumstances of the case.
(c)
The order of concerned the High Court of the Region or High Court of the State madeunder sub-section (b) shall be published by the transferee for public information.
(d)
The transferor shall lodge, within thirty days of the making of the order of theconcerned High Court of the Region or High Court of the State under sub-section (b),an authenticated copy of such order together with an authenticated copy of theagreement or arrangement approved by Central Bank with(1)the Registrar of Companies; and(2)
the appropriate authority, if any, concerned with the registration or recordingof dealings in any movable property, or any interest in movable propertytransferred pursuant to the order.
(e)
The concerned High Court of the Region or High Court of the State shall, where anorder of the High Court of the Region or High Court of the State under sub-section (a)vests any alienated land, or any share or interest in any alienated land in thetransferee cause a copy of the order to be served on the Land Administrator,
immediately after the making of the order so that the Land Administrator, gives effectto the provisions of the said section.
(f)An order of the High Court of the Region or High Court of the State under sub-section(b) may relate to any property or business of the transferor outside Myanmar and, if it
so relates, effect may be given to it either in accordance with any reciprocalarrangements relating to enforcement of judgments that may exist between Myanmar
and the country, in which such property or business is, or where there are no sucharrangements, in accordance with the Law applicable in such country.

18Regulation on Maximum Shareholding
50.
The Central Bank may make regulations specifying(a)the maximum percentage of the voting shares of a bank that may be held by any
person; and(b)maximum percentages under sub-section (a) with respect to any class of companies,
body corporate or individuals.

CHAPTER IXPERMITTED ACTIVITIESConditions of Permitted Activities
51.
Each bank may carry on the activities permitted by this Law, subject to the provisions of its
Memorandum of Association and Articles of Association and to the conditions and restrictions of its
license.
Permissible Banking Activities
52.
A commercial bank may carry on and may engage in any or all of the following activities,
subject to any conditions and restriction in the license issued to such bank(a)acceptance of deposits;(b)lending;(c)leasing;(d)factoring;(e)money services;(f)credit token business;(g)foreign exchange business;(h)issuing and administering payment instruments such as credit cards, travellers'cheques and bankers' drafts (payment orders);(i)
issuing of guarantees and commitments;(j)trading for own account or for account of customers in, money market instruments
such as cheques, bills and certificates of deposit; foreign exchange; currency forward
and spot contracts, swaps and exchange and interest-rate instruments; andtransferable securities;(k)providing corporate advise;(l)money broking;(m)portfolio management and advice;(n)trustee services;(o)credit reference services;(p)e- banking;(q)mobile banking;(r)safe custody services;(s)development banking business;
19

(t)
(u)

mortgage financing;other banking activities determined by the Central Bank.

Requirement for Subsidiary53.
Through as separately incorporated subsidiary, a bank may engage in(a)insurance business;(b)
securities broking business;(c)any other activity related to banking business as approved by the Central Bank.
Permissible Activities of Development Bank
54.
A development bank may engage in one or all of the following activities subject to any
conditions and restriction in the license (a)providing long term finance;(b)
issuing guarantees and commitments;(c)such other activities prescribed by the Central Bank.
Subsidiaries and Consolidated Supervision
55.
Any such subsidiaries shall be subject to supervision to the same extent as the bank and theCentral Bank may require any information otherwise required with respect to such bank and its
subsidiary to be reported separately for each entity and on a consolidated basis.
Restriction on Trade56.
No bank shall engage, whether on its own account or on a commission basis, in wholesale orretail trade including import and export trade, unless –(a)in the course of satisfaction of debts due to it;(b)purchasing or selling of gold or foreign currency by the bank.
Restriction on Investment in Immovable Property
57.
A bank shall not purchase or in any other way acquire any immovable property therein,
exceeding such percentage of its capital funds as may be determined by the Central Bank, unless(a)required for the purpose of conducting its banking business or of providing housing orother amenities for its staff;(b)accepting any immovable property as security for a debt.
Requirements relating to credit facilities
58.
(a)Every bank shall ensure that the bank has established and maintained(1)adequate internal policies, practices and procedures relating to the granting ofcredit facilities, making of investments and the ongoing management of theloan and investment portfolio;(2)adequate internal policies, practices and procedures for evaluating the qualityof assets and the adequacy of loans loss provisions and loan loss reserves.
20

(b)

(c)

(d)

A director, chief executive or officer of a bank shall not give any credit facility incontravention of any credit limit imposed on him, and any agreement made with him,by the bank.
The Central Bank may direct a bank to(1)submit any information relating to its policies and procedures for the giving of
any credit facility;(2)
submit a report on the limit or the terms and conditions imposed on every
director, chief executive or officer of the bank in relation to granting of credit
facilities;
The Central Bank may make such modification to the policies or procedures of thecredit facilities submitted by the bank as it deems fit.

Large exposures
59.
(a)
A bank shall not take on financial exposure in respect of a person or a single
counterparty or group of connected counterparties which constitutes in theaggregate a liability amounting to more than twenty per centum of the core capital of
the bank. Such restriction shall not be applied to the exposure related to theGovernment policy by the state-owned banks.
(b)
The limit in sub-section (a) does not apply to transactions between banks unlessotherwise specified by the Central Bank and subject to such terms and conditions
imposed by the Central Bank.
(c)
The Central Bank may establish additional limits for unsecured, partially secured andsecured financial exposures of a bank.
(d)A bank shall report to the Central Bank, the particulars of each large financial
exposure, in the form and at the intervals that the Central Bank may require.
(e)
The Central Bank may specify the group of connected counterparties, aggregate
exposure, additional limits and such other requirements as it deems necessary.
(f)
For the purpose of this section, "financial exposure " means a credit facility given by abank to or on behalf of any person which credit facility may include loans, advances,
overdrafts, lease financing, acceptances, guarantees, letters of credit, performancebonds, foreign exchange contracts and any other form of direct or indirect financial
obligation to a bank as defined by the bank, including any off-balance sheet credit
facility.
Restrictions on Investments
60.
(a)A bank shall not acquire or hold shares in any company or enterprise(1)that is not a public company and that does not meet the criteria determined by
the Central Bank;(2)
that carries on the type of business that is declared ineligible by the Central
Bank.

21

(b)

A bank shall not acquire or hold shares of, in any company or enterprise to an
aggregate value in excess of ten per centum of the unimpaired capital funds of thebank.

Restriction on Cross Holding
61.
(a)
A bank may acquire or hold shares(1)in another bank, up to a value of five per centum of the unimpaired capitalfunds of the other bank;(2)in any company or enterprise carrying on a NBFI business, up to a value of five
per centum of the unimpaired capital funds of that company or enterprise.
(b)
The limit in section 60 sub-section (b) shall not apply(1)where the bank acquires or holds any shares of any company or enterprise
under an underwriting or sub-underwriting contract for a period not exceeding
seven business days, or such further period as the Central Bank may approve;(2)
to any acquisition or holding of shares approved in writing by the Central Bankin another bank under Chapter XIV and XV of this Law or a company that is awholly owned subsidiary of the bank;(3)
to any acquisition or holding of shares in the course of the satisfaction of any
debt due to the bank provided such acquisition or holding is declared in writing
to the Central Bank and is disposed of within two years from the date ofacquisition.
(c)
Any bank acquiring or holding shares under this section shall keep a register of suchholdings available for inspection at all times.
(d)
For the purposes of this section, the Central Bank may by regulations specify the terms
and conditions of(1)an acquisition or holding by a bank in an enterprise that may be made by suchbank; and(2)
the nature and maximum value of shares any person and aggregate value of allshares that may be acquired or held by a bank.
(e)Where a bank has contravened the provisions of this section or any regulations madethere under, the Central Bank may(1)prohibit such bank from increasing the amount of shares in that company orenterprise; and(2)require such bank to decrease the amount of its shares in that company orenterprise to specified limit within a specified time.
Disapplication of Sections 60 and 61
62.
The provisions of section 60 and 61 shall not apply to foreign bank and their foreign bankbranches.

22

Restriction on Credit for Purchase of Own Shares and Debt Securities
63.
(a)
No bank shall grant credit for the acquisition of its own shares or for the purchase ofdebt securities with respect to which the bank has an unconditional or contingent
liability.
(b)
No bank shall grant credit against the security of its own shares or shares of acompany that has substantial interest in the bank.
(c)the provision in sub-section (a) and (b) shall not apply to a bank from providing moneyor granting credit facility secured by its own shares to an employee stock ownershipplan to finance the purchase of shares of the bank: Provided that the sum of theamounts of funds so provided shall not exceed the equivalent of five per centum of
the total nominal amount of the subscribed and paid in share capital of the bank.
Lending to related party
64.
(a)No bank shall provide any credit facility to its directors, managers or shareholders
holding more than five per centum of the voting shares of the bank.
(b)
No bank shall enter, directly or indirectly, with a related party of the financial
institutions into any transaction on terms and conditions that are less favorable to thebank than market terms and conditions.
(c)
A bank shall enter into a transaction with a related party if the following is satisfied(1)such transaction has been approved at a meeting of the Board of Directors of
the bank by the votes of not less than two thirds of the number of its
directors other than any director concerned;(2)such transaction is secured by collateral.
(d)
No bank shall grant any credit facility to a related party if as a result thereof a limit
specified by regulation of the Central Bank would be exceeded.
(e)Central Bank may specify the following(1)the principal amount of any credit facility;(2)
the aggregate principal amount outstanding on all credit facility or any class ofcredit facility by a bank to any single related party or a single member of astated class of related party.
(f)
All credit to related party shall be disclosed in the accounts for that financial year andfor each subsequent financial year till such credit facility has been repaid or settled in
full.
(g)
Any transaction of a bank with a related party that is in breach of this section shall bepromptly reported to the Central Bank describing the transaction and specifying its
terms and conditions.
(h)
If a bank enters into a transaction that is in breach of this section, the Central Bank
may issue a directive within thirty days, to secure repayment of all amounts due or
impose such other conditions as it deems fit.
(i)this section shall not apply to a director or officer who is an employee of the bank at
the time that the credit facility is granted if the credit facility is granted under thescheme applicable to the employees.
23Regulation on Maximum Foreign Currency Exposure
65.
The Central Bank may issue regulations to set the maximum foreign currency exposure whichbank may incur in foreign currency generally or in any specified currency or currencies.
Regulation on Prudential Requirements
66.
(a)
The Central Bank shall issue regulations in accordance with the provisions of this Law
to specify the prudential requirements for banks.
(b)
Prudential requirements may be specified for all banks or may be specified for one ormore classes or categories of banks based on the differences in the purpose, natureand size of business and the origin of financial resources, of such banks.
(c)
Any banks that fail to comply with a requirement prescribed under this section shall
pay to the Central Bank, within such time as may be determined by the Central Bank, afine at such rate specified in a regulation of the Central Bank.
Records of Transactions and Commitments
67.
(a)Banks shall keep on file the pertinent documents for every transaction andcommitments of the institution, in such form as shall render the documents
admissible as evidence in a court of law.
(b)
The Central Bank may in a regulation specify the terms and conditions on record
keeping and record retention including(1)the types of documents;(2)
the manner of retention;(3)
the duration of retention;(4)
such other requirements deemed necessary to give effect to this section.
Money Laundering and the Reporting of suspicious transactions
68.
The Central Bank shall make regulations prescribing the specific procedures including
reporting requirements under Anti-money Laundering Law, Counter Terrorism Law and other related
Laws.
Control of establishment or acquisition of subsidiaries
69.
A bank shall obtain the prior written consent of the Central Bank on the followings(a)establish or acquire any subsidiary within or outside Myanmar;(b)
any office in or outside Myanmar.
Establishment of correspondent banking relationship70.
(a)Bank may establish correspondent banking relationship with any bank outside
Myanmar.
(b)
The Central Bank may prescribe by regulation the terms and conditions for theestablishment of correspondent banking relationship with financial institution outside
Myanmar.
24

Consumer Protection
71.
(a)
It shall be the responsibility and duty of the Central Bank to promote consumer
protection and financial capability of the bank consumers and financial consumers
generally.
(b)
For the purposes of carrying out the responsibility and duty under sub-section (a), theCentral Bank shall be empowered to(1)plan, formulate an implement a strategy for financial consumer protection in
Myanmar;(2)
co-ordinate consumer protection measures carried out by other financial
sector regulators;(3)
receive all necessary information from other financial sector regulators andfinancial institutions;(4)
issue directions to the general financial sector in areas that are not supervisedby the other financial sector regulators and where there are gaps;(5)
promote an out of court dispute resolution system to deal with disputes
between financial institution and its customers;(6)
promote and consolidate consumer research and data collection;(7)
create an effective financial literacy network of stakeholders;(8)keep the Government and public informed of the activities and issues in thearea of financial consumer protection.
(c)
The Central Bank may issue regulations necessary to give effect to sub-section (a) and(b).
Anti-Competitive practices
72.
A bank shall be prohibited from(a)entering into contracts or agreements or adopting practices of any kind which would
secure them a position of dominance in the financial markets;(b)engaging in manipulative practices in order to obtain an unfair advantage forthemselves or for third parties.
CHAPTER X
BOARD OF DIRECTORS, CHIEF EXECUTIVE
Board of Directors
73.
(a)Every bank shall have a Board of Directors consisting of not less than five who shall beelected by the general meeting of the shareholders of the bank.
(b)
A meeting of the Board of Directors of a bank shall not be duly constituted although
the number of directors required to constitute the quorum at such meeting is present,
unless at least one independent non-executive director is present at such meeting.
(c)
The provisions of this section shall not apply to foreign bank branches.

25

Functions, Duties and Powers of the Board74.
(a)
All functions to be performed and all powers to be exercised by the bank, other thanthose to be performed by the general meeting of shareholders, shall be performed
and exercised by the Board of Directors subject to this Law.
(b)
The Board of Directors may frame necessary by-laws in order to systematically
perform the functions to be performed by it under sub-section (a).
(c)
The responsibilities of the Board of Directors shall include the overseeing of the
management of the affairs of the bank and include −(1)
adopting and reviewing a comprehensive risk management process;(2)
establishing and reviewing the system and procedures of control and risk
management;(3)
adopting policies for organizational arrangements for delegating authority andresponsibility;(4)
adopting adequate internal practices and procedures that promote ethical andprofessional standards;(5)
adopting and reviewing the system of internal controls of the bank;(6)
ensuring that the bank complies with the requirements of this Law and rules
and regulations, directives, and guidelines issued thereunder.
Power to Form Committee
75.
(a)
The Board of Directors may form one or more committees or sub-committees
according to need for specific purposes including (1)Risk Management Committee;(2)
Credit Committee;(3)
Remuneration Committee;(4)
Audit Committee;(5)Assets and Liability Management Committee.
(b)
The functions, duties, powers and working procedure of a committee or subcommittee formed under sub-section (a), and the remuneration or allowances to be
paid to its members shall be as determined by the Board of Directors.
Fit and Proper Criteria
76.
(a)
A person shall be eligible to be appointed, elected or nominated as a director, chief
executive or manager of a bank only if the person is a fit and proper person to holdoffice and the person is not prevented from doing so by any provision of this Law.
(b)
In determining whether a person is a fit and proper person under this Law, in addition
to such other matters that may be prescribed by the Central Bank, the following
matters shall be taken into consideration (1)the academic or professional qualifications or effective experience in banking,finance, business or administration or any other relevant discipline of theperson concerned;
26

(2)

(c)

(d)

(e)

(f)

whether such person is or has been subject to any investigation or inquiry in
relation to fraud, deceit, dishonesty or any other improper conduct by any
regulatory body, professional association, or any other body established by
Law within or outside Myanmar;(3)
whether such person has been convicted by any court in Myanmar or abroadin respect of a crime committed in connection with financial management.
(4)
whether such person is an un-discharged bankrupt or has been declared abankrupt in Myanmar or abroad;(5)
whether such person has failed to satisfy any judgment or order of any court
whether in Myanmar or abroad including the repayment of a debt;(6)
whether such person has been declared by a court in Myanmar or abroad or
an official medical board in Myanmar to be of unsound mind;(7)
whether such person has been removed or suspended by a regulatory action
or Central Bank from serving as a director or officer in any bank or financial
institution or corporate body in Myanmar or abroad; or(8)whether such person has been a substantial shareholder, director, chief
executive of any financial institution in Myanmar or elsewhere whose license
has been suspended or has been cancelled.
Without prejudice to sub-section (b), a director, chief executive or manager of a bankshall not simultaneously hold office as a director or officer of another bank or financial
institution except where such other institution is a subsidiary or a holding company ofthe bank.
No person shall be nominated, appointed and elected as a director of a bank before
the bank has given the Central Bank written notice of intent thereof within 30 days of
the appointment.
The written notice shall be in such form as may be prescribed by the Central Bank andbe accompanied by the relevant documents and information as required by theCentral Bank.
The Central Bank is authorized under this Law to carry out any such backgroundchecks as it considers appropriate in confirming any of the matters referred to in subsections (b), (c) and (d).

Appointment of Chief Executive and Conditions of Services
77.
(a)
The Board shall appoint a Chief Executive of the bank subject to this Law and theMemorandum and Articles of Association.
(b)
No person shall be nominated or appointed as chief executive of a bank unless thebank has complied with section 76(d).
(c)
The Central Bank may, either approve or disapprove the proposed appointment or
nomination as chief executive and shall, within thirty days after receipt of the noticeof intent, notify the bank of the decision.

27

(d)

(e)

(f)

Any person aggrieved by a notice of disapproval by the Central Bank under sub-section(c) may within fifteen days of the date of receipt of the notice, appeal to the Central
Bank.
On receipt of a notice of appeal under sub-section (d), the Central Bank may within
thirty days of receipt either confirm the nomination or appointment or reject theappeal.
The decision of the Central Bank is final.

Disqualification and Removal from Office
78.
(a)A person shall be ineligible to hold office as a director or chief executive if(1)the person is not a fit and proper person to continue in office;(2)
the person whose appointment, election or nomination had not been properly
notified to the Central Bank under section 76(d);(3)
the person whose appointment or nomination has been disapproved by theCentral Bank under section 77(c);(4)
the person has become disqualified and permanently incapable of performing
duties with the bank;(5)
the person has otherwise acted in a way that is manifestly opposed to theobjectives and interests of the bank or its depositors.
(b)
A bank shall, within fifteen days of becoming aware that one of its directors or chief
executive is ineligible to hold the office, cause the removal of the ineligible director or
chief executive and notify the Central Bank in writing accordingly.
(c)Where the Central Bank is satisfied that any of the directors or chief executive of abank who is ineligible under sub-section (a), continues to hold office, the Central Bankmay (1)
direct the bank in writing to remove such person from the office within such
period as may be specified in such direction; and(2)
notify in writing the person whose removal is required of such a direction witha copy of the direction.
(d)
The bank shall within the period specified in the direction, remove the person
identified from the office and notify such person in writing of his removal from officeand shall take any such other steps as are necessary to inform the shareholders of thebank and the Registrar of Companies of such removal.
(e)
The removal of the director or officer in accordance with the directions given undersub-section (c) shall take effect from the date of receipt by the director of thenotification of removal, notwithstanding the provisions of any other Law or the
Memorandum of Association and Articles of Association of the bank.
(f)
A bank which fails to comply with any direction given under sub-section (c) (1) within
the period specified and any director or officer who has been served with a noticeunder sub-section (c) (2) who continues to act as a director or officer, shall each be
guilty of an offence under this Law.
28

(g)

Any bank that is aggrieved by the removal of a person from the office of director or
officer of that bank under this sub-section (c), or the person concerned, may appeal to
the Central Bank in which case, the procedures provided for under section 77(d) and(e) shall apply.

Disclosure of Interests
79.
(a)Every director and officer shall disclose in full to the Board of Directors of the bank any
substantial financial and commercial interest that the person or any relatives may
have either directly or indirectly.
(b)Such disclosure referred to in sub-section (a), shall be made upon first becoming a
director, chief executive or manager of the bank and annually thereafter.
(c)
Whenever any matter related to such an interest, arises for discussion in a meeting of
the Board of Directors, the director or officer shall disclose the interest and shall notattend any deliberations or vote on the decision on such a matter.
Liability of Directors and Officers
80.
(a)
In addition to any liability imposed by other provisions of this Law or any other Law,any director, chief executive or officer of a bank shall be liable for any loss or damage
sustained by the bank, any depositor of the bank or any other person as a result of hisgross negligence or willful misconduct in the performance of his/her functions or
duties as director, chief executive or officer of that bank.
(b)
For the purpose of this section, any person authorizing or willfully permitting grossnegligence or willful misconduct by another person shall be jointly with such otherperson and severally liable for any loss or damage sustained as a result thereof.
(c)Actions to recover damages from a director or officer under this section shall becommenced within three years after occurrence of the negligence or misconduct.
Duty to Maintain Secrecy
81.
(a)A bank shall keep secret the information relating to the affairs or the account, record,
and transaction of a customer of a bank.
(b)
No director, officer or employee of any bank licensed institution whether during his
tenure of office, or thereafter, and no person who has by any means, access tocustomer information, shall provide or otherwise disclose to any person, suchcustomer information.
(c)
No person who has any information or document which to the person’s knowledge
was disclosed in contravention of sub-section (a) shall disclose the same to any otherperson.
Exceptions to Duty of Secrecy
82.
(a)The provisions of section 81 shall not apply to the disclosure of customer information(1)to the Central Bank, or to any director, officer or employee of the Central Bank,or to any person appointed by the Central Bank under this Law, where the
29

(b)

(c)

disclosure is for the purpose of the exercise of powers and duties of theCentral Bank;(2)
to any person rendering professional services to the Central Bank where theperson is authorized in writing by the Central Bank to obtain the informationfrom the bank;(3)
which the customer, or his personal representative, has given permission inwriting to disclose;(4)
in a case where the customer is declared bankrupt, or, if the customer is acompany, the company is being or has been wound up, in Myanmar or outside
Myanmar;(5)
where the information is required by a party to a bona fide commercial
transaction, to assess the creditworthiness of the customer relating to suchtransaction;(6)
where the information is required for the purposes of any criminal proceedings
or in respect of any civil proceedings between a bank and its customer or his
guarantor relating the customer's transaction; or between the bank and two
or more parties making adverse claims to money in a customer's account;(7)
in accordance with the order of a court of law;(8)
where the disclosure is solely in connection with the conduct of internal auditof the bank or the performance of risk management;(9)
to credit bureaus licensed by the Central Bank;(10) where disclosure is solely in connection with the performance of operational
functions of the bank, where such operational functions have been outsourced;(11) where disclosure is in relation to the merger or proposed merger of the bankwith another financial institutions;(12) where the disclosure is solely in connection with the transfer or proposedtransfer of the business of the bank to another bank;(13) where the disclosure is solely in connection with the restructure, transfer orsale of a bank under Chapters XIV and XV; and(14) where such disclosure is made under the Anti-money Laundering Law andCounter Terrorism Law.
In any civil proceedings under sub-section (a) (6) and (7) where any information or
document is likely to be disclosed in relation to a customer's account, suchproceedings may, if the court, of its own motion, or on the application of a party tothe proceedings, so orders, be held in camera and in such case, the information or
document shall be secret as between the court and the parties thereto, and no suchparty shall disclose such information or document to any other person.
Unless the court otherwise orders, no person shall publish the name, address orphotograph of any parties to such civil proceedings as are referred to in sub-section(b), or any information likely to lead to the identification of the parties thereto, either
during the currency of the proceedings or at any time after they have been concluded.
30

Further exception to Duty of Secrecy
83.
Notwithstanding the provisions of any other section, the Central Bank may(a)publish information obtained by it from the banks, in a consolidated form as it
considers fit in the public interest;(b)
share supervisory information, on a confidential basis, with financial supervisory andregulatory agencies, both domestic and foreign, responsible for the safety andsoundness of the financial system, if the information is used only for purposes related
to the effective supervision of the institutions concerned.

CHAPTER XIACCOUNTING, AUDITING AND FINANCIAL STATEMENTS
Accounts and Financial Statements
84.
(a)Every bank shall maintain accounts and records, and prepare periodic financial
statements, adequate to reflect its operations and financial condition, in accordancewith such internationally accepted accounting standards, as prescribed by regulations
made by the Central Bank.
(b)
Compliance with such regulations shall be deemed to be in compliance with theaccounting standards specified in or under any other written law.
(c)Without limiting the generality of the provisions of sub-section (a), each foreign bankbranch shall maintain separate books, accounts and records, and shall prepare
financial statements, including profit and loss accounts, reflecting only the assets,
liabilities, income and expenses of the foreign bank branch, that are segregated fromthe other books, accounts, records and financial statements of the foreign bank towhich it belongs.
Audit Committee
85.
(a)Every bank is required to set up an Audit Committee.
(b)
The Audit Committee shall consist of three members appointed by the general
meeting of shareholders of the bank for periods of four years.
(c)
Any member of the Board of Directors who is a non-executive independent director
shall lead the Audit Committee and the management shall not concurrently serve on
the Audit Committee.
(d)
The Audit Committee shall –(1)establish appropriate accounting procedures and accounting controls for thebank, supervise compliance with such procedures, and audit the bank's
accounts and records;(2)
monitor compliance with the laws and regulations applicable to the bank andreport to the Board of Directors thereon;(3)
deliver opinions on any matters submitted to it by the Board of Directors.
31

(e)

The Audit Committee shall meet ordinarily once every three months and wheneverconvened by the Board of Directors.

Balance Sheet and Profit and Loss Account86.
(a)Every bank shall prepare at the expiration of each financial year(1)a balance sheet as at the last working day of such financial year;(2)
a profit and loss account in respect of such year;(3)such other financial statements as required by the Central Bank.
(b)
The balance sheets and profit and loss accounts of a bank shall reflect its operations
and financial condition and those of its subsidiaries, both on an individual and on aconsolidated basis.
(c)Every bank shall transmit the financial statements to the Central Bank within threemonths after the close of the financial year.
(d)Every bank shall publish its audited financial statement for such financial year in atleast one widely read newspaper in Myanmar or in such other manner permitted by
the Central Bank.
(e)
The audited financial statement shall be exhibited in a conspicuous place of each bankbranch.
(f)
The Central Bank may prescribe the form, content and certification of the balance
sheet and profit and loss account including any disclosure requirements to be made.
(g)

Where the Central Bank determines that a disclosure statement published by a bankunder sub-section (f) does not contain information which it is required to contain or isotherwise false or misleading, the Central Bank may, by notice in writing to the bank,require the bank(1)to publish a disclosure statement that contains the information that wasomitted;(2)
to publish a disclosure statement that does not contain false or misleading
information; or(3)
to take such other corrective action as the Central Bank may specify in thenotice.

Periodic Returns to Central Bank
87.
(a)Every bank shall prepare and submit to the Central Bank periodic financial returns.
(b)Each return required under sub-section (a) shall be(1)submitted in such form, and at such intervals as may be prescribed by theCentral Bank;(2)certified as to its accuracy by the chief executive and the chief financial officerof the bank.
(c)
Returns to be so submitted by a licensed foreign bank branch shall cover only theassets, liabilities, income, expenses, administration and operations of its foreign bankbranch.
32

(d)Failure to submit any return as required by or under this section shall be an offence
under this Law.

External Auditors
88.
(a)
The general meeting of the concerned bank shall appoint suitable external auditor forauditing its accounts.
(b)
Banks shall replace their external auditors at least once every five years and may notappoint the same auditor for more than three consecutive times or such other period
as may be prescribed by the Central Bank.
(c)Each bank shall, promptly after appointing external auditors, inform the Central Bankof the names, business address, qualifications and experience of the auditors.
(d)External auditors shall be regarded as suitable, unless the Central Bank has given awritten notice that for reasons explained in the notice, the external auditors
employed by the bank are not suitable, in which case the bank shall promptly replace
its external auditors.
(e)
Only fit and proper person shall be appointed as auditors and no related party andemployee of a bank shall be eligible for appointment as external auditor for that bank.
(f)
Any person appointed as external auditor who shall after such appointment become arelated person or employee of the bank shall immediately cease to act as its external
auditor.
(g)
If a bank fails to appoint external auditors under sub-section (a), the Central Bank shallhave the power to appoint external auditors for such bank to carry out the tasks
specified by section 89 at the expense of the bank.
(h)Every external auditor appointed by a bank under sub-section (a) or (e) shall have aright of access at all times to the books, accounts and vouchers and all documents andrecords belonging to the bank, which he considers necessary for the performance of
his duties, and he shall be entitled to require from the directors and officers of thebank such information and explanations as he thinks necessary for the performanceand proper discharge of his duties and functions as auditor.
(i)
The Central Bank may issue regulation on the criteria for external auditors and related
matters.
Audit Report89.
(a)Every audit report, which shall be completed within three months of the end of thefinancial year shall contain the following statement by the auditors(1)whether in their opinion the balance sheet and profit and loss account are fulland fair and properly drawn up;(2)whether they exhibit a true and correct statement of affairs of the bank;(3)
whether the information obtained from the officers or agents of such bank issatisfactory;(4)such other relevant matters as may be prescribed by the Central Bank.

33

(b)

For banks, the report of the auditors made in accordance with sub-section (a) shall beread together with the report of the Board of Directors of the bank at the annual
general meeting of their shareholders.
(c)Upon its completion, but not later than three months after the end of the financial
year, the audit report of the auditors made under sub-section (a), together with theauditors’ management letter, shall be transmitted to the Central Bank.
(d)
Where the Central Bank is of the opinion that the audited financial statements do notexhibit a true and correct statement of affairs of the bank or that the auditors’ reportor management letter are otherwise unsatisfactory, it may order the bank to require
the auditor or newly appointed external auditor to submit a fresh report at theexpense of the bank.
(e)an auditor, shall immediately report the matter to the Central Bank if, in the course of
the performance of his duties as an auditor of a bank, he is satisfied of the following(1)there has been a serious breach or non-observance of the provisions of thisLaw or that otherwise a criminal offence involving fraud or dishonesty has
been committed;(2)
losses have been incurred which reduce the capital funds of the bank by fifty
percent;(3)
serious irregularities have occurred, including irregularities that jeopardize thesecurity of the creditors; or(4)
he is unable to confirm that the claims of creditors are still covered by theassets.
Submission of Audit Report
90.
(a)
The auditor must submit the audit report to both the concerned bank and financial
institution and the Central Bank.
(b)

While submitting the audit report to the Central Bank under sub-section (a), theauditor must attach thereto the other reports connected with the audit of theconcerned bank, as well as the documents prescribed by the Central Bank.

CHAPTER XIIREGULATION, INSPECTION AND SUPERVISION
On-Site Examinations of bank
91.
(a)
The Central Bank shall cause an on-site examination to be made of each bank atintervals not exceeding two years.
(b)
The Central Bank may –(1)
conduct any on-site examination of a bank under examination jointly withother persons.
(2)
select, appoint and authorize any chartered accountant or firm of charteredaccountants to be an examiner.
34

(c)

(d)

(e)

(f)

(g)

(h)

It shall be lawful for any examiner (1)to require any director, officer, employee or auditor of a bank under
examination to furnish all such information relating to the affairs of the bank,as such examiner may consider necessary;(2)
to require any director, officer, employee or auditor of a bank under
examination to produce for inspection any documents, cash, securities andother assets of the bank, in his possession or custody;(3)in the case where there is evidence of mismanagement by a bank under
examination, to require(aa) any director, officer or employee to submit the accounts of the bank foraudit by an auditor authorized by the Central Bank;(bb) the bank under examination to furnish to the auditor such information;(cc)
inspection by the auditor of any documents, cash, securities and otherassets of the bank, or in its possession or custody.
It shall be the duty of every director, officer, employee and auditor of a bank under
examination to comply with the requirements imposed under section 91 and toprovide access to, the offices of the bank and to any directors, officers or employeesof the bank.
Where the Central Bank considers it necessary to determine whether a bank iscarrying on business in a manner detrimental to its present or future depositors, it
may by notice in writing, require any person whom it considers to have information
relating to the bank, to furnish such information to the Central Bank or to any
examiner.
A person required to furnish information to the Central Bank under sub-section (e)shall do so, unless such person is prevented by a court order to furnish suchinformation to the Central Bank.
For the purpose of ascertaining the true condition of the affairs of a bank under
examination of section 91, also examine the business of any company, which is or has
at any relevant time been—(1)a holding company or subsidiary company of the bank under examination;(2)
a subsidiary company of a holding company of the bank under examination;(3)
an associate company of the bank under examination.
A person referred to in this section shall comply with all requirements imposed on him
by the Central Bank under section 91.

Inspections made by Foreign Banks
92.
(a)
A foreign bank may inspect its office established in the Myanmar after securing theapproval of the Central Bank under this Law and subject to the conditions prescribedby the Central Bank.
(b)
The concerned foreign bank must submit to the Central Bank a copy of the inspection
report prepared by it after conducting inspection under sub-section (a).
35

CHAPTER XIIICORRECTIVE ACTION AND BANK RESOLUTION MEASURES
Responsibility of Central Bank concerning compliance by banks
93.
It shall be the responsibility and duty of the Central Bank to systematically monitor the
performance of all banks so as to ensure their compliance with all applicable criteria, standards,
rules, regulations and provisions of this Law.
Corrective actions taken by the Central Bank
94.
(a)
The Central Bank may implement corrective actions where(1)a bank informs the Central Bank that it is insolvent or that it is likely to become
unable to meet its obligations to a material extent or that it is about tosuspend payment to any extent; or(2)whether after an inspection under section 91, or otherwise, the Central Bank issatisfied that a bank(aa) is carrying on its business in a manner detrimental to the interests of its
depositors, creditors or the public;(bb) is not paying its financial obligations as they fall due;(cc)
has become or is likely to become unable to meet all or any of its
obligations to a material extent, or is about to suspend payment to any
extent;(dd) has contravened any provision of this Law or any condition of its
license, or any provision of any written Law, regardless that there has
been no prosecution in respect thereof;(ee) has obtained its license on the ground of false or fraudulent statements
made by it in connection with the license application;(ff)
the association of any director, chief executive or officers of a bank is or
is likely to be detrimental to the interests of the bank or its depositors;(gg) the Central Bank is being hindered in supervising the bank because allor a significant part of the administration, operation and books orrecords of the bank have been moved outside of Myanmar without theprior consent of the Central Bank;(hh) has failed to carry out any direction given to it by the Central Bank;(ii)
has failed to meet the Central Bank standards relating to asset quality
management, earning, liquidity or sensitivity to market risk;(jj)
has failed to meet or is in danger of failing to meet any capitalrequirements in this Law or any regulation of the Central Bank;(kk) engaging in practices, operations or activities that could pose risks to
the depositors of the banking system in whole or in part;(ll)
is insolvent and the value of total assets is less than the value of total
liabilities;
36

(b)

(mm) is facing legal action for relief by a custodian, receiver or liquidator
under any Bankruptcy Law or any Law that provides for relief ofdebtors;(nn) has engaged in or been used for criminal activities and the bank has nottaken measures adequate to prevent it;(oo) consist of one or more foreign bank which have gone into voluntaryliquidation, or in respect of which a custodian, receiver or liquidator has
been appointed, or whose license to carry on banking business in the
country of its principal place of business has been cancelled;(pp) is otherwise in a situation which the Central Bank considers may
materially impair the ability of the bank to meet its obligations orotherwise continue its operations;(qq) has incurred losses in its banking operation for three financial year
continuously.
Notwithstanding sub-section (a), where the Central Bank determines that the giving ofa warning notice under section 95 would jeopardize the interest of depositors or
creditors, , the Central Bank may proceed to take any of the corrective actions under
section 96 without giving a warning notice.

Warning notice issued by the Central Bank
95.
(a)Where the Central Bank has made a determination that any of the circumstances
described in section 94 exists in respect of a bank, the Central Bank shall issue awarning notice to the bank.
(b)Upon being served a notice under sub-section (a), the bank shall, within two weeks ofbeing served the notice, submit to the Central Bank in writing its plan of action andcommitment to address the weaknesses or lapses specified in the notice.
(c)
A plan of action referred to in sub-section (b) shall(1)give details of remedial measures to address the underlying weaknesses orlapses in the bank;(2)
be approved by the Board of Directors of the bank concerned;(3)
specify the timeframe within which the weaknesses or lapses would besatisfactorily addressed;(4)
explain the monitoring mechanisms for the implementation of the remedial
measures.
(d)
A bank which has submitted a plan of action to the Central Bank shall submit to theCentral Bank such updates or other reports as may be required.
(e)
If a bank fails to submit a plan of action within the specified time or if the Central Bank
determines that the plan of action submitted by the bank is inadequate, or if the bankfails to implement the plan submitted, the Central Bank shall take any such corrective
actions specified in section 96.

37

Power of Central Bank to ensure corrective actions taken by banks
96.
(a)
The Central Bank may take one or more of the following actions against a bank towhich a notice has been issued under section 95(a) or a bank falling within any one ormore of the circumstances mentioned in section 94‐(1)
caution or prohibit the bank against entering into any particular transaction orclass of transactions;(2)
direct the bank to cease and desist from any unsafe or unsound practice orcontravention;(3)
require the bank to take appropriate action as may be directed by the Central
Bank;
(4)
during the course, or after the completion, of any inspection of a bank under
section 91, the Central Bank shall –(aa) require the bank to call a meeting of its directors for the purpose of
considering any matter relating to the affairs of the bank;(bb) require an officer of the bank to discuss any such matter with theCentral Bank;(cc)
require the Board of Directors of the bank to give in writing to any
officer specified by the Central Bank all notices of, and othercommunications relating to, any meeting of the Board and thecommittee;(dd) appoint one or more of the officers of the Central Bank to observe themanner in which the affairs of the bank or of its offices or branches arebeing conducted and make a report thereof;(ee) require the bank to make, within such time as may be specified by theCentral Bank, such changes in the management as the Central Bank
may consider necessary based on the state of affairs disclosed during orby the inspection;(5)
require the bank to increase its paid‐up capital either through the issue of newshares or a call on the unpaid portion of the issued capital;(6)
require the bank to maintain higher capital adequacy or liquidity ratios or place
other restrictions or conditions on the business conducted by the bank;(7)
suspend in whole or part of the business of the bank;(8)
suspend in whole or part of the shareholders’ rights, including voting rights, inthe bank and/ or prohibit the distribution of profits or other withdrawals by
shareholders of the bank;(9)suspend or permanently bar from office of the bank, any director, chief
executive, or officer;(10) restrict the powers of any director, chief executive, officer and employee ofthe bank;(11) limit the compensation, (including management fees and bonuses) paid to
directors and senior officers of the bank;
38

(12)

(b)

(c)

(d)
(e)

(f)

(g)

prohibit or impose limitations on the acceptance of deposits and the grantingof loans or advances or the making of investments by the bank;(13) require the bank to enhance its governance, internal controls and risk
management systems;(14) require the downsizing of operations, restrict the expansion of branches oroffices or the closing of branches or offices in Myanmar or abroad, of the bank;(15) enhance provisioning for assets of doubtful quality;(16) prohibit principal or interest payments on subordinated debt provided by theshareholders of the bank;(17) other than state-owned bank by order in writing made by the Central Bank,
remove from office, any director, chief executive or officer of the bank and if
state-owned bank, notify concerned authority to take necessary action on it;(18) by order in writing made by the Central Bank, suspend the Board of Directors
and take control of the bank and operate its business through the appointment
of “Administrator”, selected by the Central Bank as being fit and proper tomanage the bank;(19) by order in writing made by the Central Bank, require the bank to apply for delisting from any stock exchange on which it is listed.
In the case of an order under paragraphs (9) and (17) of sub-section (a), the director,
chief executive or officer to be removed from office, have been given a reasonable
opportunity to make representations to the Central Bank in respect of the proposedorder: Provided that if in the opinion of the Central Bank, in the case of an order to bemade by the Central Bank under paragraphs (9)and (17) of sub-section (a), any delay
would be detrimental to the interests of the bank, or its depositors, creditors or the
public generally, the order may be made immediately and the opportunity to makerepresentations be given as soon as possible after the order has been made.
The order may, in consequence of such representations be confirmed, modified,amended, replaced or revoked subject to such conditions, as the Central Bank may
specify.
An order made under paragraph (18) of sub-section (a), shall be valid for a period notexceeding 2 years unless extended by subsequent order issued by the Central Bank.
The Central Bank shall provide an initial report to Cabinet as soon as practicable after
the control of a bank has been taken over by an Administrator appointed underparagraph (18) of sub-section (a) and a yearly report thereafter.
An order of the Central Bank made under paragraph (18) of sub-section (a) may at any
time be revoked by an order and such order may contain directions or provisions of anincidental, ancillary, or consequential nature, as deemed necessary or expedient by
the Central Bank.
Any director, chief executive or officer removed from office under paragraph (17) of
sub-section (a) shall cease to hold the office with effect from the date set out in theorder and shall not thereafter hold any other office in that bank or, in any manner,
whether directly or indirectly, engage in, any affairs or business of the bank.
39

(h)

(i)
(j)

(k)

The removal of any director, chief executive or officer under paragraph (17) of subsection (a) shall be lawful and valid notwithstanding anything contained in any
contract of service or agreement or contract, and whether or not made or provided
for under any law, and any person so removed from office shall not be entitled toclaim any compensation for the loss or termination of office.
The provisions of this section shall apply to the foreign bank branch.
All assets, liabilities, acts and omissions of the foreign bank resulting from orotherwise relating to the business of any of its bank branch office shall be attributed
to that single entity in applying the provisions of this Chapter.
For the purposes of this Chapter, the capital and value of assets of a bank shall be
determined in accordance with standards and procedures specified in the regulations
made by the Central Bank.
CHAPTER XIV
ADMINISTRATORSHIP

Appointment of an Administrator
97.
(a)Administrators shall be appointed by an order of the Central Bank under of section
96(a) (18).
(b)
For the purposes of sub-section (a), only fit and proper persons are eligible to serve as
Administrator for a bank.
(c)
If at any time an Administrator becomes ineligible to serve, the Administrator shall be
replaced by the Central Bank.
(d)
An Administrator shall be appointed for a term not exceeding twenty four months as
specified in the appointment, which may be extended once for another period notexceeding twenty four months.
(e)
The Administrator shall be employed by the Central Bank and receive remunerationfrom the Central Bank.
(f)
All costs incurred by the Central Bank on account of the administratorship, including
the remuneration of the Administrator, shall be borne by and charged to the bank forwhich the Administrator is appointed.
(g)
The decision by the Central Bank appointing an Administrator or extending the term of
appointment of an Administrator shall be in writing, specifying the grounds for its
decision.
Review of appointment
98.
(a)Within five business days from the date of service of the decision appointing theAdministrator for a bank, the Board of Directors of the bank may make written
representations on behalf of the bank to the Central Bank objecting to theappointment of the Administrator.
(b)
In the event that no such objection is made within the five business days, the bankshall be deemed to have consented to the appointment of the Administrator.
40

(c)

(d)
(e)

Upon the timely receipt of such objection, the Central Bank shall review theappointment of the Administrator and decide either to affirm the appointment or toterminate the appointment, giving the grounds for its decision in writing.
The decision made under sub-section (c) shall be final and served promptly on thechairman of the Board of Directors of the bank.
If the appointment of the Administrator is terminated, the Administrator shallimmediately return control of the bank and its assets, books and records to theauthorized manager of the bank.

Effect of taking control
99.
(a)Upon the appointment of an Administrator the bank and its directors, chief executive
and officers shall submit the property, business and affairs of the bank to the controlof the Administrator, and shall provide the Administrator with all such facilities as may
be required to carry on the business and affairs of the bank.
(b)
The Administrator shall assume control of the property, business and affairs of thebank concerned, and carry on the business and affairs of that bank in the name and on
behalf of the bank, for such time as may be specified in the order or until such time
when the order is revoked.
(c)Throughout the period of the order that is in force, all the powers of the bank, and ofits directors and shareholders under the constituent documents or memorandum andarticles of the bank, or exercisable by the bank or its directors under any written law,or otherwise, shall be vested in the Administrator.
(d)
While the order is in force, no director, chief executive or officer of a bank shall, either
directly or indirectly, engage in any activity in relation to the bank, except as may berequired or authorized by the Administrator.
(e)
No remuneration of whatever nature shall accrue or be payable to any director, chief
executive or officer of the bank, except that which is approved in writing by the
Administrator.
Remedial actions that can be taken by the Administrator
100. An Administrator may with the approval of the Central Bank, and notwithstanding any
provisions of the Myanmar Companies Act and Special Companies Act or any other Law, take any one
or more of the following measures for the purpose of carrying out the rehabilitation of a bank–(a)suspend, terminate and wind up, any part of the bank’s activities in or outside
Myanmar;(b)sell the assets of the bank to any other bank or entity on such terms and conditions as
may be approved by the Central Bank;(c)terminate the employment of any officers or employee, or replace any officers andemployee of the bank;(d)if the officers or employees mentioned in sub-section (c) are from state-owned banks,
notify relevant authority to take necessary action;
41

(e)
(f)
(g)

(h)

make such arrangements as the Administrator considers necessary for the merger ofthe bank with another bank;re-organize the bank by increasing its capital and selling shares to new shareholders
and reconstituting the Board of Directors of the bank;re-construct the bank in any such manner as the Administrator considers to be in theinterest of depositors, including the closing down of unviable business or the bank or
re-organizing its management;take any such other measures as may be approved by the Central Bank to rehabilitate
the bank.

Report of the Administrator
101. (a)The Administrator shall prepare and present to the Central Bank a report on thefinancial condition and future prospects of the bank for which the Administrator
has been appointed within the time specified by the Central Bank.
(b)
The Administrator shall include in the report an assessment of the amount ofassets likely to be realized in a liquidation of the bank.
(c)
The report shall be accompanied by a proposed action plan, where relevant, thatshall discuss the relative costs and benefits associated with(1)returning the bank to compliance by carrying out an action plan;(2)
rehabilitation of the bank under the procedure set forth in Chapter XV;(3)
a voluntary liquidation under Chapter XVII;(4)
revocation of the license and liquidation of the bank; and(5)commencement of insolvency proceedings against the bank.
Termination of Administratorship102. (a)The appointment of an Administrator shall terminate upon the earlier of(1)completion of the term specified in appointment the Administrator andextension thereof;(2)
the date of the decision of the Central Bank;(3)
the date of the decision of the court of law to that effect;(b)
Within twenty business days of the termination of the appointment, theAdministrator shall prepare and submit to the Central Bank a final report of the
Administratorship.
Financial Support by Central Bank
103. During the administratorship, the Central Bank may provide financial support to banks
under conditions to be prescribed in an order to provide for any temporary liquidity support.

42

CHAPTER XVREHABILITATION OF BANK
Action available to the Central Bank
104. (a)The Central Bank shall, within one year of placing a bank under the control of an
Administrator audit or cause to audit the accounts of the bank concerned.
(b)Based on the report of the Administrator and the auditor, the Central Bank may takeany one or more of the following actions with regard to a bank(1)release the suspension of the Board of Directors of the bank made under
section 96(a) (18) and order the same Board of Directors to operate thebusiness of the bank;(2)
dismiss the Board of Directors of the bank and direct the convening of ageneral meeting of the bank to elect a new Board of Directors;(3)
carry out a capital reduction exercise and cancel any portion of the shares ofthe bank which is lost or unrepresented by available assets;(4)
dilute the participation of the existing shareholders by issuing shares to such
persons and at such consideration as may be determined by the Central Bank;(5)
file an application in the concerned High Court of the Region or High Court of
the State for the liquidation of the bank.
(c)Without prejudice to the powers conferred under section 96, or sub-section (b), and in
addition to the powers conferred under the Central Bank of Myanmar Law(1)the Central Bank may by order(aa) direct any shareholder of the bank to divest or transfer the shares
owned by him to a fit and proper person for such consideration as may
be determined by the Central Bank;(bb) transfer any assets or liabilities, in whole or part, from the bank toanother bank or financial institution, on such terms and conditions as
may be determined by the Central Bank;(cc)
subject to section 107, vest all or part of the assets and liabilities of thebank in another bank or financial institution, as may be consideredappropriate by the Central Bank;(2)
the Central Bank may with the consent of the Union Parliament through Union
Government do one or more of the following(aa) purchase any shares of the bank financed by the Union Government
Budget for the purpose of controlling the business of that bank;(bb) provide soft loans to the bank, financed by the Union Government
Budget for the purpose of ensuring stability of the bank and thefinancial system as a whole.
(cc)
establish a new bank to be capitalized by the Union Government
Budget to acquire the assets and liabilities of the bank.

43

(d)

(e)

(f)

(g)

In deciding on the appropriate action to be taken under sub-section (b) or sub-section(c), the Central Bank shall have due consideration to the latest audit report of thebank and any report prepared by the Administrator.
No action under sub-section (b), or sub-section (c), shall be taken unless the bank in
respect of which the action is to be taken has been given a reasonable opportunity tomake representations to the Central Bank in respect of the proposed order: Provided
that if in the opinion of the Central Bank any delay would be detrimental to theinterests of the bank, or its depositors, creditors or the public generally, the action
may be taken immediately and the opportunity to make representations shall be given
as soon as possible after the action has been taken.
As a consequence of such representations, the action of the Central Bank shall be
confirmed, modified, amended, altered, varied, replaced or revoked subject to suchconditions, as the Central Bank may specify.
The Central Bank may for the purposes of this section, disclose information relating to
the bank to any potential acquirer and the recipient shall hold such information in
confidence and use it solely for purpose of making a decision on the acquisition.

Shareholder Representations
105. (a)For the purposes of this Chapter, only the owners’ representative of a bank may makerepresentations to the Central Bank against any action taken by the Central Bank.
(b)
The owners representative means(1)the person appointed by a decision taken by a simple majority vote of theowners of the bank to be the representative;(2)
the person holding for the time being the office of Chairman of the Board of
Directors of the bank or his duly authorized representative.
(c)Within fourteen days from the date of service of an order made by the Central Bank
under section 104(b) and (c), the owners of the bank may make objections in writing
to the Central Bank against the decision.
(d)
The owners shall be deemed to have consented to the decision taken if the Central
Bank does not receive the objection on time.
(e)
The Central Bank shall within fourteen days of the receipt of timely objection, review
the objection and either confirm, modify or terminate the order of the Bank as it
considers appropriate giving the grounds for the decision.
(f)
The decision of the Central Bank shall be served promptly on the owners’
representative of the bank.
(g)
All action taken by the Central Bank shall remain in full force and effect during such
period unless or until otherwise terminated by the Central Bank.
(h)The order confirmed, modified or terminated decision issued by the Central Bank shallbe final and conclusive.

44

Capital reduction and cancellation of shares106. (a)Where the paid-up capital of a bank has been lost or is un-represented by available
assets, the Central Bank may, on notice being published for public information, throughan application to the concerned High Court of the Region or High Court of the State,
reduce the share capital of the bank by canceling such portion of its paid-up capitalthat has been lost or un-represented by available assets.
(b) Where the assets or liabilities of the bank have been transferred to another person
under section 104(c)(1)(bb) and (cc) , the Central Bank may on notice being published
for public information, through an application to the concerned High Court of theRegion or High Court of the State, cancel the residual share capital of the bank.
(c)Where the Central Bank issues an order under sub-section (a) to reduce the sharecapital of a bank, if on the expiry of ninety days from the date of any call made by thebank on its members to pay on their respective shares and payment on any such shares
has not been made, the Central Bank may proceed to apply to the concerned High
Court of the Region or High Court of the State for the cancellation of such shares forwhich payment has not been made.
(d) Where the share capital of a bank is reduced pursuant to sub-section (a), or any of its
shares is cancelled pursuant to sub-section (b), the Central Bank may require theconstituent documents or memorandum and articles of association of the bank to bealtered, and any company records or registers amended accordingly.
Vesting of Assets and Liabilities
107. Where all or part of the assets and liabilities of a bank are to be vested or transferred toanother bank or financial institution under section 104, the Central Bank may by order published for
public information, vest or transfer the assets and liabilities specified to the acquiring institution onsuch terms and conditions as it may consider appropriate. The order of the Central Bank issued under
this section shall be final and conclusive.
Conditions for Vesting
108. The vesting order shall only be made if–(a)the vesting of assets and liabilities of the bank to which an order under section 107
applies in the acquiring institution is justified by the interests of the depositors andcreditors of the transferee institution or the public interest;(b)
the acquiring institution is capable of carrying on in a competent manner the businessof the bank; and(c)the acquiring institution agrees in writing to comply with such terms and conditions as
may be specified by the Central Bank relating to the manner in which the assets to bevested are to be used and any existing liabilities are to be met.
Effect of Vesting Order
109. (a)With effect from the relevant date specified in the vesting order issued under section
107 –
45

(1)

(b)

(c)

all rights of the transferee institution to the assets vested and all obligations
under the liabilities vested shall be deemed to have been transferred to andacquired by the acquiring institution, and notwithstanding the provisions of
any other Law to the contrary no other action shall be required to perfect suchtransfer or acquisition;(2)
all entries in all the Official Registers in Myanmar recording assets or liabilities
so vested shall be changed by replacing the name of the transferee institution
with the name of the acquiring institution, provided however, that no failure to
make such change shall affect any right or obligation transferred and acquiredby the acquiring institution under the vesting order;(3)
the acquiring institution shall comply with the terms and conditions of thevesting that the acquiring institution has consented to in writing and with any
such other directions as the Central Bank may issue under this Law or the
Myanmar Companies Act or the Special Company Act;(4)
the license issued to the transferee institution shall be modified to the extent
necessary to accommodate the effects of the vesting order on the business ofsuch transferee institution;(5)
if all assets and liabilities of the transferee institution deriving from domesticbanking business and banking business outside Myanmar are vested in theacquiring institution, the license to the transferee institution shall be cancelledby the Central Bank.
Unless otherwise specified by the Central Bank and as may be set out in the vestingorder issued under section 107, with effect from the relevant date(1)all contracts, deeds, bonds, agreements, powers of attorney, grants of legal
representation and other instruments of whatever nature pertaining or
relating to the vested assets or liabilities of the transferee institution andsubsisting, or having effect on the day immediately preceding the relevant
date and to which the transferee institution is a party or which are in favor of
the transferee institution , shall be deemed with effect from the relevant date
to be contracts, deeds, bonds, agreements, powers of attorney, grants of legal
representation or other instruments entered in to or granted, as the case may
be, by the acquiring institution;(2)
all actions and proceedings of whatever nature instituted by or against thetransferee institution pertaining or relating to the vested assets or liabilities of
the transferee institution and pending on the day immediately preceding therelevant date, shall be deemed with effect from the relevant date to be actions
and proceedings instituted by or against the acquiring institution, and may becontinued or prosecuted accordingly.
For the purposes of this section(1)‘relevant date’ means the date the vesting order is published;(2)“Official Registries” means a registry established under the Law of Myanmarthat records the creation of interests, ownership, transfers and dealings in46

properties whether movable or immovable of individuals and bodies corporate
in Myanmar.
Taxes and fees
110. Exemption from taxes, fees or charges due and owing on any transfer of an asset or liability
can be applied to the Ministry under this Chapter. No consent of creditor, depositor, borrower orshareholder shall be applicable to any transaction under this Chapter.
Moratorium
111. (a)In addition to the powers in this Chapter, the Central Bank may, if it considers it to bein the interest of the bank, or if it is necessary to protect the interests of depositors or
maintain stability of the financial system, by order published for public information(1)prohibit any bank from carrying on all its banking business, or such part of it, as
may be set out in the order;(2)
prohibit the bank from doing or performing any act or function connected withall its banking business, or such part of it, as may be set out in the order;(3)
suspend the license granted to the bank under this Law to such extent and forsuch period as may be necessary to give effect to the prohibitions under subsection(1) or sub-section(2);(4)
provide for all such matters of an incidental or consequential nature, in orderto give effect to the matters under the foregoing paragraphs, including
provisions for the taking into the custody or control of the Central Bank theproperty, books, documents or effects of the bank.
(b)
An order under sub-section (a) may, from time to time, be modified, amended,altered, varied or replaced either prospectively, or where it is not impracticable orunjust to do so, retrospectively, by a further order under sub-section (a).
(c)
An order made under sub-section (a), and a further order under sub-section (b) may
be revoked by the Central Bank and any such order may contain all such incidental andconsequential orders and directions deemed necessary by the Central Bank.
CHAPTER XVIREHABILITATION OF NBFI AND SCHEDULED INSTITUTION
112. A NBFI or scheduled institution may be rehabilitated in accordance with the regulations andprocedures prescribed by the Central Bank.
CHAPTER XVIILIQUIDATION OF BANKS, PRIOR APPROVAL NEEDED FOR VOLUNTARY WINDING-UP AND
LIQUIDATION OF A BANK
Prior Approval of Central Bank for Voluntary Winding-up and Liquidation
113. (a)No person shall petition to High Court for the voluntary winding-up and the liquidationof a bank, without the written approval of the Central Bank.
47

(b)

(c)

An approval under sub-section (a) shall not be granted unless the Central Bank issatisfied(1)that the incumbent bank is solvent and has the ability to repay its depositorsand other creditors without delay;(2)that the winding-up, liquidation of the incumbent bank has been approved ata meeting of the shareholders of the banking by an affirmative voterepresenting not less than three fourths of the outstanding shares entitled tovote.
Provided that no such authority may be granted by the Central Bank for the windingup or liquidation of a domestic bank being a state-owned corporation without theprior written approval by the Government, or for the liquidation of a branch in
Myanmar of a foreign financial institution without the written request by the
management of the foreign financial institution to which the branch belongs.

Conditions for Voluntary Winding -up or Liquidation
114. (a)Before the Central Bank grants an approval under section 113(b)and (c), it shall ensurethat the incumbent bank seeking winding-up or voluntary liquidation has(1)repaid its depositors;(2)
paid all financial liability or obligations incurred under this Law and returned allfunds and other property held by it in a fiduciary capacity.
(b)
In addition to the requirements in sub-section (a), an incumbent bank must(1)have wound- up all operations undertaken;(2)
immediately ceased to carry on the business to be liquidated, exercising only
such powers as are necessary to effect an orderly liquidation.
(c)
The Central Bank may request for reports, documents and such other information
concerning the person seeking the approval and the incumbent bank, including its
winding-up and liquidation plan.
(d)
The Central Bank may issue such direction as it deems fit to any person seeking theapproval of the Central Bank and the incumbent bank to ensure that the requirements
in sub-section (a) are met.
(e)
If an incumbent bank is unable to meet the requirements of section 113 and thissection, the Central Bank shall appoint an Administrator under section 97 of this Law.
Notice of Voluntary Liquidation
115. (a)The incumbent bank shall cause a notice of the winding-up or voluntary liquidation –(1)
to be sent to the Registrar of Companies within fourteen days of the receipt of
the approval under section 113, from the Central Bank;(2)
to be sent to all depositors and other creditors, and persons otherwise entitledto the funds or property held by such bank as a fiduciary, lessor of a safe
deposit box or bailee;(3)
to be notified to the debtors of the bank to repay their debt immediately;(4)
to be published once in at least two widely circulated newspapers in Myanmar;
48

(5)
(b)
(c)

to be displayed in a conspicuous place at its principal place of business andeach of its other offices.
The Central Bank shall specify the information to be included in the notice referred toin sub-section (a).
The Central Bank may exempt an incumbent bank from sending a notice under subsection(a) (2) to any person where the Central Bank is satisfied that(1)it is impracticable to do so;(2)
the person has otherwise had adequate notice of the winding up andliquidation.

Rights of Creditors
116. (a)The approval to go into winding-up or voluntary liquidation shall not prejudice therights of a depositor or other creditor of an incumbent bank to payment in full of any
claim, or the rights of an owner of funds or other property held by the bank.
(b)
All lawful claims shall be paid promptly and all funds or other property held by theincumbent bank shall be returned to their rightful owners within such maximum
period as the Central Bank may determine.
Cancellation of License and Distribution of Assets
117. (a)Upon completion of the winding-up and liquidation, the incumbent bank shall prepare
and submit to the Central Bank an audited statement of accounts and a report ofliquidation certified by an opinion of an external auditor acceptable to the bank.
(b)
The opinion of the auditor submitted under sub-section (a), shall state(1)whether the statement of accounts are full and fair and have been properly
drawn up;(2)
whether the report of winding-up or liquidation exhibits a true and correctstatement of the liquidation of the incumbent bank;(3)
where the auditor has called for any explanation or information from theincumbent bank, whether the explanation or information received by theauditor is satisfactory;(4)
whether the voluntary winding-up and liquidation was carried out incompliance with the directions given by the Central Bank.
(c)
Where the Central Bank is of the opinion, based on the documents submitted undersub-section (a) that the incumbent bank has discharged all its obligations as referred
to in section 114:
(1)
the Central Bank shall cancel the license of the incumbent bank and notify thecancellation in accordance with the provisions of section 115 of this Law;(2)the bank shall distribute its remaining assets among its rightful owners inproportion to their respective rights.
(d)
No distribution under sub-section (c)(2) shall be made before the incumbent bank
has49

(1)

(e)
(f)

(g)
(h)
(i)

transmitted to the Central Bank funds sufficient to meet any disputed claim to
payment or return of funds or property that may be determined by the court;(2)transmitted to the Central Bank funds payable to all depositors, other creditorsor persons entitled thereto who have not claimed such funds;(3)
complied with section 152 with regards to other funds and property held by
the bank which cannot be distributed to the persons under sub-section (c)(2).
All costs, charges and expenses properly incurred in the liquidation are payable out of
the assets of the bank in voluntary liquidation.
On receipt from the incumbent bank of a notice of approval of the audited statementof accounts and the report of liquidation submitted under sub-section (a), theincumbent bank shall cause the notice to be published for public information.
Upon the publication of such notice of approval under sub-section (f), the Registrar ofCompanies, to strike-off the name of the company from the Register of Companies.
From the date of the notice in sub-section (f), the bank shall stand dissolved.
The dissolution of a bank under sub-section (g) shall not affect the liability under thisLaw or any written Law of any owner, director, chief executive or other officer of thebank and that liability shall continue and may be enforced as if the bank had not been
dissolved.

Compulsory liquidation
118. A bank may be compulsorily wound-up or liquidated by the Central Bank, if one or more of
the following grounds are present:(a)the bank is not paying its financial obligations as they fall due;(b)
the Central Bank determines that the capital of the banking is less than one-half ofthe minimum capital to be maintained by the bank under this Law;(c)the Central Bank determines that the value of the assets of the bank is less than thevalue of the debts or is insolvent;(d)the Administrator appointed under section 97 recommends that the bank beliquidated.
Representative of Owners in Liquidation Proceedings
119. For the purposes of the procedures set out hereinafter, the owners of a bank shall be
represented by a representative who shall be(a)for a domestic bank not being a state-owned bank, the person holding for the time
being the office of Chairman of the Board of Directors of the bank or his duly
authorized representative, unless another person is appointed as owners’
representative by the owners of the bank;(b)for a domestic bank being a state-owned bank, Government or its duly authorized
representative;(c)for a branch or a subsidiary of a foreign bank, the chief executive or his deputy of theforeign bank.
50

Petition for commencing liquidation proceedings120. The Central Bank may petition the concerned High Court of the Region or High Court of theState to commence liquidation proceedings against a bank.
Rejection of Petition
121. A petition for commencing liquidation proceedings against a bank shall be rejected by theHigh Court if (a)none of the grounds of section 118(a) applies;(b)
the petition is not accompanied by the required documents for commencement of theliquidation;(c)any document or other evidence submitted to the High Court of the Region or High
Court of the State in support of the petition is manifestly false or inaccurate andwithout such document the petition does not meet the requirements of the law;(d)the owners’ representative for the bank shows, with the concurrence of the Central
Bank, that capital funds have been made to the bank and such funds are immediately
available and sufficient to eliminate the grounds for commencing liquidation
proceedings against the bank;(e)the petition concerns a domestic bank being a state-owned and the Government
provides a written guarantee for the due payment of all liabilities of the bank;(f)the petition does not meet any other requirement of the law.
Appointment of Liquidator
122. By its decision to commence liquidation proceedings against a bank, the relevant High Courtof the Region or High Court of the State shall appoint the Central Bank or a person or persons
nominated by the Central Bank to act on its behalf as the liquidator.
Negotiated Settlements
123. (a)The liquidator for a bank in liquidation may enter into and carry out negotiatedsettlements of claims with any creditor and debtor of the bank, with the priorapproval of the Central Bank.
(b)
No such settlement shall be subject to opposition, review or appeal.
Priority of Payment
124. The assets of a bank shall be distributed among its creditors in the following order of priority(a)secured debt (guaranteed debt);(b)
all costs and expenses on account of the administration of the insolvency;(c)claims with regard to deposits that are not in the form of debt securities;(d)liabilities of the bank on account of Administration, rehabilitation and any liabilities
due and owing to the Central Bank;(e)national and local taxes due over a period of not more than one year preceding thedate of the liquidation decision;(f)salary payments to employees of the bank, excluding any remuneration of members
51

(g)
(h)

of the board of directors, as accrued to the date of the decision to open liquidation
proceedings;
claims of unsecured creditors;
any other claims not paid under paragraphs (a) to (f).

Cross Border Insolvency
125. (a)In order to promote equal access of resident and non-resident creditors to a universal
pool of assets of a banks in liquidation that engaged in cross border activities(1)if a bank in liquidation has branch in a foreign country, the bank shallcooperate with the authorities of that country;(2)
if a creditor of a bank in liquidation has received partial payment on his claims
in a foreign country, the balance of his claims may be presented for payment
together with costs incurred in the liquidation proceedings before theconcerned High Court of the Region or High Court of the State;(3)
the relevant High Court may decide the extent to which foreign financial
insolvency resolution measures against foreign bank should be recognized inliquidation proceedings commenced by the relevant High Court concerning
their foreign bank branch in Myanmar;(4)
if a foreign bank is in liquidation in the country where its principal place ofbusiness is located, the relevant High Court may at the request of the foreign
financial institution, authorize the transfer to the liquidator in that country
such assets of the foreign bank branch in Myanmar, as the foreign bank branchshall deem advisable and in the interest of the depositors and creditors of that
foreign bank branch in Myanmar.
(b)
Claims of non-resident creditors of a foreign bank branch shall not be recognized forthe purpose of the set-off or netting of obligations and shall not otherwise beadmitted in liquidation proceedings commenced against a foreign bank branch.
(c)Liquidation proceedings in Myanmar commenced against a foreign bank branch shallnot limit the rights of creditors of the foreign bank to which the branch belongs to
pursue action of their claims against foreign assets held by the foreign bank outside
Myanmar.
Power of Central Bank to make Regulation on Liquidation
126. The Central Bank may prescribe by regulations, the following;(a)process and procedures for liquidation;(b)terms and conditions of liquidator and its duties and power;(c)finality in payment, clearing and settlement system;(d)set off and netting;(e)process for distribution;(f)liquidation proceedings concerning foreign bank branch;(g)termination of liquidation proceeding.
52

Disapplication of other Laws Relating to Insolvency
127. (a)The provisions of the Myanmar Companies Act, Special Companies Act and any Law
relating to insolvency of companies shall not apply to a bank, unless otherwise
specified in this Chapter.
(b)
Notwithstanding the provisions of any written Law, any petition against a bank for awinding-up order or the appointment of a custodian, liquidator shall only be broughtin the relevant High Court of the Region or High Court of the State.

CHAPTER XVIII
E-MONEY, E-BANKING AND MOBILE BANKINGInterpretation
128. “E- Money” means monetary value as represented by a claim on the issuer which is –(a)stored on an e- device including a card;(b)issued on receipt of funds of an amount not less than the monetary value issued;(c)accepted as means of payment by persons other than the issuer.
Issue of E-Money and Credit Token Restricted
129. (a)No person may issue E-money or credit token, to the public unless such person is(1)a bank; or(2)
a financial institution that has been registered for that purpose by the Central
Bank.
(b)
E-money and credit token may be issued under a written contract between the issuer
and the receiver of e-money or credit token that clearly states the period of validity ofthe e-money or credit token issued under the contract and the conditions forredemption of any e-money or credit token issued under the contract.
Regulation on E- Money and Credit Token
130. The Central Bank may by regulation(a)specify conditions and requirements for obtaining registration from the Central Bank
before a person may issue e- money or credit token to the public, and thecircumstances in which such registration shall or may be revoked by the Central Bank;(b)
impose on the issuers of e-money or credit token to the public, prudential
requirements, and such other requirements including those relating to safety ofcustomers’ funds, and accounting and reporting;(c)issue requirements applicable to contractual conditions, arrangements and payment
procedures between the various parties that issue, use in payment, and accept emoney or credit token in payment;(d)
impose on issuers of e- money or credit token to the public, rules and procedures
designed to facilitate inspection of their e- money business by the Central Bank.

53

Violation
131. Any person who issues e- money or credit token to the public while he is in violation of aprovision of this Law or a regulation issued under this Chapter shall be guilty of an offence under thisLaw.
E- Banking Services
132. (a)The Central Bank is responsible for regulating the establishment of systems andpractices for internet banking services, mobile banking and other forms of electronicbanking collectively called e-banking services in Myanmar.
(b)
For the purposes of the following, the Central Bank may issue necessary regulations
and guidelines(1)to limit systemic and other risks that could threaten the stability of financial
markets or undermine confidence in the payment system;(2)
to encourage institutions to educate customers about their rights andresponsibilities and how to protect their own privacy;(3)
to encourage the development of effective, low risk, low cost and convenient
payment and financial services to customers and businesses through eservices.
(4)
on minimum standards that the institutions must observe regarding e-banking
services;(5)
on conditions and processes for establishing of e-banking services.
CHAPTER XIX
OVERSIGHT OF PAYMENT AND SETTLEMENT SYSTEM
Payment System Policy
133. (a)In addition to the powers provided in the Central Bank of Myanmar Law, the Central
Bank shall have the power to formulate, adopt and monitor the implementation of apayment system policy for Myanmar.
(b)
In promoting safety and efficiency of the payment system, the Central Bank shall cooperate with other central banks or equivalent entities of other countries and withother relevant domestic or foreign authorities.
Powers of the Central Bank
134. The Central Bank shall have the powers(a)to regulate, supervise and monitor payment, clearing and settlement systems ;(b)to provide for the settlement of securities in securities accounts maintained at theCentral Bank;(c)to provide for the regulation, supervision and monitoring of providers of money
service and other form of payment instruments to the general public ;(d)to facilitate the electronic presentment of cheques.
54

Power of Central Bank to Establish, Operate and Supervise Payment Systems
135. The Central Bank may establish, operate, organize, promote, participate or assist in theestablishment, operation, organization and promotion of, and regulate and supervise(a)any system for the clearing and settlement of payments and other arrangements forthe making or exchange of payments in domestic or foreign currencies;(b)
any system for the clearing and settlement of securities and other arrangements forthe exchange of securities;(c)any system to facilitate the clearing and settlement including other arrangements forthe making or exchange of payments or the exchange of securities in any currency
against other payments or securities in another currency.
Additional Power of Central Bank on Payment Systems
136. (a)In order to facilitate the clearing of cheques and other electronic instruments used asmeans of payment, the Central Bank may, in cooperation with financial institutions,establish clearing houses in such places as it shall deem necessary.
(b)
The Central Bank shall have the power to do all or any of the following in relation to aclearing and settlement system and its clearing house:(1)
be a participant, participate and act as a central counter-party, including in aloss-sharing mechanism;(2)
act as a custodian of financial assets, or settlement agent, or both;(3)
accept and pay interest on deposits from clearing house, a participant or thecentral counter-party;(4)
provide intra-day liquidity to the participants.
Validity of Netting Agreements
137. Where a financial institution or the Central Bank is a party to a netting agreement, thefinancial institution or the Central Bank may enforce the agreement.
Interpretation
138. “Payment service provider” includes money service providers, payment instrument issuers
and payment system operators.
Legality of Settlement Rules
139. (a)The settlement rules of a clearing and settlement system are valid and binding on theclearing house, the participants, the central counter-party.
(b)
The rights and remedies of a participant, a clearing house, a central counter-party or
the Central Bank, with respect to collateral granted to it as security for a payment or
the performance of an obligation incurred in a designated clearing and settlement
system, may not be affected by insolvency proceedings and may not be the subject ofany stay provision or order affecting the ability of creditors to exercise rights andremedies with respect to the collateral.

55

Electronic Presentment of Cheques140. (a)A bank may present a cheque by electronic means for payment to the bank on whom
it is drawn.
(b)
In making the electronic presentment of a cheque under sub-section(a), a bank may
act in whole or in part through a third party service provider, including another bankor the clearing house, and such service provider is deemed to be an agent of the bank.
(c)
A cheque image or truncated cheque will be recognized as the equivalent of the paper
cheque that it represents, in any court of law.
(d)Once the transfer of funds takes place on a cheque image, or truncated cheque, theoriginal cheque will no longer be negotiable.
Regulation on Cheques141. The Central Bank may prescribe regulations on dishonored cheque, retention of cheque
image and physical cheque, system rules on electronic presentment and implementation of theprovisions of this Law.
CHAPTER XX
CREDIT INFORMATIONPowers of the Central Bank regarding Credit Bureau
142. (a)In addition to section 75 of the Central Bank of Myanmar Law, the provisions of this
Chapter shall apply to matters relating to credit information.
(b)
The Central Bank may establish or authorize the establishment of a credit bureau
designed to collect and provide information on the payment record of the clients of allbank, NBFIs and other financial institutions in Myanmar.
(c)
The Central Bank may require any credit institution and any other entities engaged in
the extension of credit to report any information required by the credit reference
system.
(d)Banks, NBFIs and other institutions shall ensure the veracity of the credit informationof its clients submitted to the system.
Regulation of Private credit bureaus
143. (a)The Central Bank shall have the powers to license and regulate the operations ofprivate credit bureaus that access information from banks, NBFIs and scheduled
institutions.
(b)
No person shall operate a private credit bureau without a valid authorization issued by
the Central Bank.
Right of Central Bank to obtain Information
144. The Central Bank may obtain necessary information from a credit bureau.

56

CHAPTER XXI
POWER TO EXEMPT, RECOVERY OF FEES, BANK HOLIDAYS AND JUDICIAL REVIEW
Recovery of fees, expenses, etc.
145. (a)There shall be recoverable as a debt due to the Central Bank from the bankconcerned(1)the amount of any fees payable under section 14(b);(2)
any remuneration and expenses payable by the bank to(aa) an auditor appointed;(bb) an administrator appointed under section 96(a)(18);(3)
any financial penalty payable by the bank under this Law.
(b)
An action to recover any financial penalty recoverable under this section shall not be
brought after the expiration of 6 years from the date on which the cause of action
accrued.
Declaration of holidays
146. (a)The Central Bank may, at any time by notice to the public, declare any day or days to
be a bank holiday or holidays.
(b)
No bank in Myanmar shall do any business without the approval of the Central Bankon any day declared a bank holiday under sub-section (a).
Judicial Review
147. (a)Any court having to adjudge a case filed in relation to the Central Bank or any action
taken by the Central Bank or any person appointed by the Central Bank to act on its
behalf, employee, or agent of the Bank, the sole question before the court shall bewhether (1)the Central Bank exceeded its legal authority;(2)
the procedures followed by the Central Bank in making its decision werematerially inconsistent with the procedures prescribed by this Law;(3)the notification, or publication of the rules and regulation of the Central Bank
fails to meet this Law;
(4)the decision of the Central Bank is manifestly inconsistent with the provisionsof this Law or the Central Bank of Myanmar Law.
(b)
Notwithstanding anything in any other law, any action taken by the Central Bank shallremain in effect without stay or restriction during the period of any legal action by any
person or appeal and any further appeal or other judicial proceedings related to theappeal.
(c)
Any relief or redress granted by any court against any action taken by the Central Bank
shall be confined to compensation in monetary form.
(d)
The competent court to hear any action or suit against the Central Bank or any person
indicated under sub-section (a) shall be the relevant High Court.

57

Exemption of certain transactions from stamp duties
148. Exemption from stamp duty imposed by the prevailing Law on stamp duties or tax shall be
determined by the Ministry in respect of the transfer of shares and assets of a bank or any of its
subsidiary companies, sold or disposed by the bank if such sale or disposal has been approved by theCentral Bank under section 107.
CHAPTER XXIIELECTRONIC EVIDENCE
Authentication of electronic documents
149. Notwithstanding the provisions of the Evidence Act, any person seeking to admit anelectronic document as evidence has the burden of proving its authenticity by evidence capable ofsupporting a finding that the electronic document is that which it is purported to be.
Application of evidence rule for electronic documents
150. (a)The best evidence rule in respect of an electronic document is satisfied(1)on proof of the integrity of the electronic documents system by or in which theelectronic document was recorded or stored; or(2)
if an evidentiary presumption exists under this Law.
(b)
Despite sub-section (a), in the absence of evidence to the contrary, an electronic
document in the form of a print out satisfies the best evidence rule if the print out has
been manifestly or consistently acted on, relied on or used as a record of theinformation recorded or stored in the print out.
Presumption of integrity of electronic document
151. In the absence of evidence to the contrary, the integrity of an electronic documents system
by or in which an electronic document is recorded or stored is proven –(a)by evidence capable of supporting a finding that at all material times the computer
system or other similar device used by the electronic documents system wasoperating properly or, if it was not, the fact of its not operating properly did not affectthe integrity of the electronic document and there are no other reasonable grounds todoubt the integrity of the electronic documents system;(b)
if it is established that the electronic document was recorded or stored by a party whois adverse in interest to the party seeking to introduce it;(c)
if it is established that the electronic document was recorded or stored in the usual
and ordinary course of business by a person who is not a party and who did not recordor store it under the control of the party seeking to introduce it.
Standards may be considered
152. (a)A court for the purpose of determining under any rule of law whether an electronic
document is admissible, evidence may be presented in respect of any standard,
procedure, usage or practice concerning the manner in which electronic documents
58

(b)

are to be recorded or stored, having regard to the type of business, enterprise or
endeavor that used, recorded or stored the electronic document and the nature andpurpose of the electronic document.
An electronic document includes any information in digital form, where information
may include data, text, sounds, codes, computer programs, software, or databases.
CHAPTER XXIIIPARTICULARS OF UNCLAIMED MONEYS OR DORMANT ACCOUNTS

153.

(a)

(b)

Every bank must submit to the Central Bank particulars of accounts which haveremained dormant for more than seven years, within the first month of every fiscal
year.
The Central Bank may issue guidelines on unclaimed moneys and dormant accounts as
it deems necessary.

CHAPTER XXIVADMINISTRATIVE PENALTIES
Imposition of Penalties
154. The financial institutions, its directors, members, executive officers, shareholders,management, managers and staff who violate any of the provisions of this Law or any regulations,by-law, order, directive, procedures under this Law shall be subject to the followings administrative
penalties imposed by the Central Bank –(a)warnings;(b)fines;(c)orders including those restricting the operations of financial institutions;(d)suspension or permanent termination from duties in the financial institutions.
Appeal against Penalties
155. (a)Under section 154 any person aggrieved by the imposition of the penalty may appeal
to the Board of Directors of the Central Bank, within thirty days from the date thepenalty is imposed.
(b)
The decision by the Board of Directors of the Central Bank on the appeal under subsection (a) shall be final.
Criminal or Civil Action not Precluded
156. The administrative penalties provided in this Law shall not preclude taking criminal action orcivil action.
Liability for Damages
157. Imposition of penalties under section 154 shall make the party guilty of the offence
immediately liable to pay for any damages caused to the institution or to other parties.
59

CHAPTER XXVPROHIBITIONS
Prohibition on carrying on banking business158. No person shall establish a bank and carry on the banking business unless a license granted by
the Central Bank.
Prohibition on carrying on NBFI business159. No person shall establish a NBFI and carry on NBFI business unless it has a registration
certificate issued by the Central Bank.
Offence of Submission of False or Misleading Information
160. No person shall submit false or misleading information in connection with an application forlicense to the Central Bank.
Prohibition on use of words “bank”, etc
161. No person other than the following institutions shall use as part of its name or its description
any of the words “ bank ”, “ commercial bank”, “development bank”, “ banker ”, or “ banking ”
unless it has a license or prior written approval of the Central Bank –(a)
an association of bank;(b)an institution with respect to which such usage is established or recognized by law orinternational agreement;(c)the representative or office of a foreign bank;(d)any institution acting on behalf of the Government which carries on banking;(e)any persons exempted by the Central Bank, by notification.
Prohibition on establishment of Representative Office162. No foreign financial institutions shall establish the representative office unless it has aregistration certificate issued by the Central Bank.
Prohibition of illegal deposit taking
163. No person shall receive, take, or accept deposits unless it has a valid license under this Law.
Prohibition on use of words “Finance Company”, etc
164. No person shall assume or use the words "finance company ", "leasing", "factoring", "credit
token", "money services", or any derivatives of these words in any language, unless it has aregistration certificate or prior written consent issued by the Central Bank.
Prohibition of Unsolicited Calls
165. No financial institution or person shall, without the written consent of the Central Bank, makeunsolicited calls from any person in Myanmar or outside Myanmar by soliciting or procuring for the
making of deposit; or entering into or offering to enter into any agreement with a view to theacceptance of deposit.
60

Prohibition on Advertisement
166. No financial institutions shall make a false, deceptive, offensive or misleading advertisement
in connection with its permitted activities.
Prohibition of Transfer of License
167. No licensee shall transfer its license to another person.
Prohibition on Merger and Amalgamation of bank business168. Except with the prior written approval of the Central Bank, no bank shall(a)sell all or a substantial part of its own business;(b)acquire the business or a substantial part of the business of another bank;(c)amalgamate or merge with another bank;(d)in the case of a foreign bank to acquire the business or a substantial part of thebusiness of a bank in Myanmar; and(e)in the case of a foreign bank to sell all or a substantial part of its own business in
Myanmar.
Offence Relating to E-money and Credit Token
169. No person who issues e- money or credit token to the public shall violate any provision of thisLaw or a regulation issued under this Law.
Offence Relating to Private Credit Bureau
170. No private credit bureau shall violate any consumer protection regulations or fail to furnish
correct information that may be required by the credit reference system.
CHAPTER XXVIOFFENCES AND PUNISHMENT
Offences against Sections 158, etc
171. Any person who contravenes the provisions of sections 158, 159, 160, 162, 163, 167 and 168of this Law shall upon conviction be punished with an imprisonment of two years to not more than
five years and a fine of five hundred million Kyats.
Offences against Sections 161, etc
172. Any person that who contravenes the provisions of sections 161, 164, 165, 166, 169 and 170of this Law shall upon conviction be punished with an imprisonment of not more than two years anda fine of one hundred million Kyats.
Power to Compound Offences173. (a)The Governor may with the consent in writing of the Public Prosecutor, offer tocompound any offence under any provision of this Law or under regulations madeunder this Law by accepting from the person reasonably suspected of having
committed the offence such amount not exceeding fifty per centum of the amount of
61

(b)

(c)

(d)
(e)

the maximum fine, including the daily fine, if any, in the case of a continuing offence,
to which that person would have been liable if he had been convicted of the offence,
within such time as may be specified in the offer.
An offer under sub-section (a) may be made at any time after the offence has beencommitted and where the amount specified in the offer is not paid within the time
specified in the offer, or such extended time as the Governor may grant, prosecution
for the offence may be instituted at any time after that against the person to whom
the offer was made.
Upon receipt of the amount under sub-section (a), no prosecution shall be instituted
in respect of the offence against the person to whom the offer to compound wasmade.
Nothing in this section shall authorize the compounding of any repeated offence.
Any monies paid to the Central Bank pursuant to the provisions of sub-section (a) shallbe paid into and form part of the consolidated fund.

Abetting, Attempt or Conspiracy
174. Whoever abets, attempts, or conspires in the commission of any offence under this Law shallbe liable to the punishment provided in this Law for such offence.
CHAPTER XXVIIGENERAL
Conflict of Law
175. If any provision in this Law conflict with the provisions of the Myanmar Companies Act orSpecial Companies Act, the provision of this Law shall prevail.
Surrender and Reissuance of License
176. Every bank that holds license issued under repealed Law shall surrender its license to theCentral Bank within six months of the effective date. The Central Bank shall issue new license to thebank under section 11 of this Law subject to such terms and conditions imposed by the Central Bank.
Requirement to provide information for reissuance of License
177. Every bank on the date that this Law enters into force, shall provide the Central Bank with alist of shareholders, and for each owner of a substantial interest, including the ultimate beneficial
owner of such substantial interest and such other information on their owners, in particular ownersof a substantial interest, as requested by the Central Bank, within one year of the entry into force of
this Law.
Preservation of Central Bank Actions
178. Every action of the Central Bank taken under the repealed Law shall continue in full force andeffect unless expressly revised or withdrawn by the Central Bank under this Law.

62

Preservation of Rules, Regulations, etc
179. All rules, regulations, orders, direction, notifications and other subsidiary legislation made orissued under or by virtue of the repealed Law, shall be deemed to have been made or issued underor by virtue of this Law, and shall continue to remain in full force and effect in relation to the persons
to whom they apply until amended, repealed or replace under or by virtue of this Law.
Preservation of Pending Application and Appeal
180. Any application for a license, approval or consent, or for any other purpose whatsoever, or
any appeal, made by any person to the Central Bank under the repealed Law and pending
immediately before the effective date, shall, if there is a corresponding provision in this Law, be dealt
with as if it was made under that provision and, if there is no such corresponding provision in thisLaw, such application or appeal shall lapse on the coming into force of this Law.
Preservation of Transactions and Dealings
181. All transactions or dealings lawfully executed or entered into, and all business lawfully done,
under or in accordance with any of the repealed Law by a person who was licensed under the
repealed law with any depositor or other customer, creditor, debtor, or other person, shall bedeemed to have been lawfully and validly executed, entered into, or done, under and in accordancewith this Law, and, accordingly, any right or liability under such transaction, dealing or businessexisting, immediately before the coming into force of this Law, shall be deemed to continue to be
lawful and valid under this Law.
Cognizable Offences
182. Offences prosecuted under this Law are prescribed as cognizable offences.
Legal Protection
183. (a)A person who carries out the assigned duties under this Law in good faith shall not betaken criminal action or civil action in implementing the provisions of this Law.
(b)
The Central Bank shall indemnify the persons who assigned by the Central Bank to
perform its duties, for any liability that arises from the exercise or purported exercise
of, or omission to exercise, any power conferred by this Law.
Power of Central Bank to issue Regulation, etc
184. For the purpose of implementing the provisions of this Law, the Central Bank may issue
regulations, by‐laws, notifications, orders, directives, guideline and procedures as may be necessary.

63

Repeal185. The Financial Institutions of Myanmar Law (The SLORC Law No.16/90) (hereinafter referred toas “repealed law”), is hereby repealed.

I hereby sign this Law under the Constitutions of the Republic of the Union of Myanmar.

(sd) Thein Sein
President
The Republic of the Union of Myanmar

6414th January, 2016

[Note: This is not an official English translation. In preparing this draft English translation before
an English translation is officially published, we have followed a policy to do a word for wordtranslation. However, in some cases in which the Myanmar language is unclear but similar to the
UNCITRAL Model Law, we have used words from the UNCITRAL model law, assuming that was theintention of the drafters.”]
ARBITRATION LAW
The Pyidaungsu Hluttaw Law No. 5/2016
The 10th Waning Day of Nadaw 1377 M E
5th January, 2016
The Pyidaungsu Hluttaw hereby enacts the following Law:
Chapter 1
Title, Scope of Application and Definition
Title
1.

This Law shall be called the Arbitration Law.

Scope of Application
2.

(a)Subject to sub- section (b), an Arbitration Agreement whether executed in the State orin any other country, the place where legal implementation of arbitration is in theState, the provisions of this Law shall be applicable.

(b)

If the place of arbitration is at any other country, which is apart from the State, orplace of arbitration is not specified or not determined, section 10,11,30, 31 andChapter 10, shall be applicable.

(c)

If any other existing law in force in the State is restricted on the settlement of disputeby means of arbitration, the provisions of this Law shall not be binding upon suchlaw.

Definitions
3.

The expressions contained in this law shall have the same meaning given hereunder:(a)“State” means the Republic of the Union of Myanmar;(b)“arbitration agreement” means an agreement in writing by the parties to submit toarbitration all or certain disputes which arise or which may arise between them inrespect of legal relationship, whether contractual or not;(c)“arbitration” means any arbitration administered by an arbitrator or arbitral tribunal;(d)“Arbitrator” means a person or a panel of arbitrators appointed with the consent of
the parties to administer the disputes by arbitration;(e)“award” means a decision of the arbitral tribunal and includes any interim award;(f)“arbitral tribunal” means a sole arbitrator or a panel of arbitrators;

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(g)

“Court” means the District Court or High Court of the State or Region of original
jurisdiction, having jurisdiction to decide the questions in dispute of the arbitration as
if they are exercising its original civil jurisdiction;(h)“domestic arbitration” is an arbitration which is not an international arbitration;(i)“international arbitration” means:
(1)

(2)

(3)

(4)

if, at the time of execution of the arbitration agreement, if one of the party’s
place of business and trading activity is situated in another country other than
Myanmar; orif the place stated in the arbitration agreement or the place to conduct
arbitration in accordance with the arbitration agreement is situated outside thecountry in which the parties have their place of business; orif, among the commercially related business obligations, any place where asubstantial part of the obligations is to be performed or the closest placeconnected to the subject matter of the dispute is situated outside the country
in which the parties have their place of business; orif the parties of the arbitration agreement have expressly agreed that the
subject matter relates to more than one country; such arbitration shall mean
International Arbitration

Explanatory note:1.

2.

If the place of business of a party is more than one place, the place ofbusiness of the party shall be that which is the closest to the place ofexecution of the arbitration agreement;
If a party does not have a place of business, reference to his place of businessshall be its permanent residing place.

(j)“New York Convention” means the convention relating to the Recognition and
Enforcement of Foreign Arbitral Awards adopted by the United Nations Diplomatic
Conference held on 1958 June 10 at New York;(k)“foreign arbitral award” means an award made in the territory of the New York
Convention member states other than the State in accordance with the arbitrationagreement;(l)“place of arbitration” means a place where the arbitration is administered legallywhich is determined by the persons in dispute of an arbitration agreement or a person
authorized by the person in dispute or arbitral tribunal or arbitration institution;(m)“party” means a party to an arbitration agreement; and(n)legal representative” means a person who in law represents the estate of a deceased
person, and includes any person who intermeddles with the estate of the deceased,
and, where a party acts in a representative character, the person on whom the estatedevolves on the death of the party so acting.
Chapter 2
Aim

4.

Aims of this Law are as follows:

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(a)
(b)
(c)

to settle domestic commercial disputes and international commercial disputes in a fairand effective manner;
to settle disputes by means of arbitration, and to recognize and enforce the foreign
award; andto encourage settlement of disputes by means of arbitration.
Chapter 3
General Principles

Receipt of written communications
5.

(a)Unless otherwise agreed by the parties:
(1)

(2)

(b)

any written communication is deemed to have been received on the date ofdelivered, if it is delivered to the addressee personally or if it is delivered at
his place of business, habitual residence, or mailing address;
if none of those described in subsection (1) can be found after making areasonable inquiry, a written communication is deemed to have been received
on the day it is so delivered, if it is sent to the addressee’s last-known place ofbusiness, habitual residence, or mailing address by registered letter or any
other means which provides a record of the attempt to deliver it.

The provisions of this article do not apply to communications in court proceedings.

Objection and Waiver of right to object
6.

(a)

A party who is involving in the arbitration proceeding or on processing the arbitration
shall object without undue delay or if a time is provided by this Law or arbitrationagreement or arbitral tribunal, within such period of time:
(1)
(2)
(3)
(4)

(b)

Arbitral tribunal has no jurisdiction;
Procedural defect in arbitration process;Failure to comply with the arbitration agreement or provisions of this Law;
Detrimental impact on the arbitral tribunal or arbitration due to procedural
defect.

proceed with the arbitration without stating his objection under subsection (a), shallbe deemed to have waived his right to object.

Extent of court intervention
7.

Notwithstanding anything contained in any other law for time being in force, in mattersgoverned by this Law, no court shall intervene except where so provided in this Law.

Administrative assistance8.

The parties, or the arbitration tribunal with the agreement of the parties, may makearrangements to acquire assistance from any suitable institution or person to facilitateadministration of the arbitral process.
Chapter 4
Arbitration Agreement

9.

(a)

Relating with the arbitration agreement, writing agreement under section 3,
subsection (b) means:

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3

(1)
(2)

(b)

an arbitration agreement shall be deemed in writing if it is signed by theparties;
if the information contained in electronic communication is accessible so as
to be useable for subsequent reference, such arbitration agreement by meansof electronic communication shall be deemed in writing.

An arbitration agreement may be in the form of an arbitration clause in a contract orin the form of a separate agreement.

Refer to Arbitration and stay of suit before court
10.

(a)

a court before which an action is brought in a matter which is the subject of anarbitration agreement shall, if a party so requests not later than when submitting his
written statement on the substance of the dispute, refer the parties to arbitration unlessit finds that the agreement is null and void, inoperative or incapable of being
performed;(b)where an action referred to in subsection (a) of this article, arbitral proceedings may
nevertheless be commenced or continued, and an award may be made, while the issue
is pending before the court;(c)

If the court refuses to refer the parties to arbitration, any decision making before
filing a suit relating to any matter of the arbitration contained in the arbitrationagreement, shall not effect to the suit;(d)the court shall order to stay the suit before the court, if the court refers the parties toarbitration;(e)

No appeal shall be allowed against the court decision which refers to arbitration undersubsection (a);(f)

Appeal shall be allowed relating to the court decision refusing to refer to thearbitration.

Power of the Court to intervene in Arbitration
11.

(a)

Unless otherwise agreed by the parties, if a party requests the court, the court shallhave power to make decision as its own jurisdiction for:
(1)
(2)
(3)
(4)
(5)

(6)
(7)
(8)

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taking evidence;the preservation any evidence;pass an order related to the property in disputes in arbitration or any property
which is related to the subject-matter of the dispute;inspection, taking photo for evidence, preservation and seizure of theproperty which is related to the dispute;
samples to be taken from, or any observation to be made of or experimentconducted upon, any property which is or forms part of the subject-matter ofthe dispute;
allow to enter in the premises owned by or under the control of the parties todisputes for the purpose of above mentions matters;
sale of any property which is the subject-matter of the dispute;an interim injunction or appointment of a receiver;

4

(b)

If the interim measure is needed urgently in arbitration, the court may pass an orderrelating to preservation of evidence and related properties upon the application of aparty as require.

(c)

If the interim measure is not needed urgently, upon the application of a party inarbitration, the court shall deal such matter after delivering a notice to the otherparties and arbitral tribunal and with the approval of the arbitration tribunal or withthe written consent of the other party.

(d)

The court shall only deal with the matters which the authorized person of the parties
or arbitral tribunal or arbitral institution or other institution has no authority to do or
not able to handle effectively.

(e)

An order made by the court shall cease to have effect in whole or in part if the arbitral
tribunal makes an order which expressly relates to the order under subsection (a).
Chapter 5
Composition of Arbitral Tribunal

Number of arbitrators
12.

(a)

The parties are free to determine the number of arbitrators. However, if the number ofarbitrator is more than one, it shall not be an even number.

(b)

Failing such determination as mentioned in subsection (a), the number of arbitrator
shall be one.

Appointment of arbitrators
13.

(a)

Unless otherwise agreed by the parties, any nationality may act as an arbitrator.

(b)

The parties are free to agree on a procedure of appointing the arbitrator or arbitrators,
subject to the provisions of subsection (e) of this article.

(c)Where, an appointment procedure agreed upon by the parties, the appointment has tobe made in accordance with such procedure. If a party fails to appoint or if bothparties or the two arbitrators fail to agree on the third arbitrator, entrusted third partyor an institution fails to perform any function and if the appointment procedure is notprovided in the arbitration agreement, any party may request the Chief Justice or any
person/institution selected by him to take the necessary measure.

(d)

Failing such agreement in subsection (b),
(1)

(2)

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in an arbitration with three arbitrators, each party shall appoint one arbitrator,
and the two arbitrators thus appointed shall choose the third arbitrator who
will act as the presiding arbitrator of the arbitral tribunal. If a party fails to
appoint the arbitrator within thirty days of receipt of a request to do so fromthe other party, or if the two arbitrators fail to agree on the third arbitrator
within thirty days of their appointment, the appointment shall be made, uponrequest of a party, by the Chief Justice or any person/institution selected by
the Chief Justice.
in an arbitration with a sole arbitrator, the Chief Justice or any
person/institution selected by him shall, upon request of a party, appoint thesole arbitrator if a party fails to appoint the sole arbitrator within thirty daysof receipt of a request to do so from the other party.

5

(e)

The Chief Justice or any person/institution selected by him, in appointing an
arbitrator, shall have due regard to the qualifications required of the arbitrator by theagreement of the parties and such considerations as being an independent andimpartial arbitrator.

(f)

The Chief Justice or any person/institution selected by him may perform appropriate
functions entrusted to him by subsections (c) and (d) of this section.

(g)

In appointing a sole or third arbitrator for international arbitration in which parties areof different nationalities, the Chief Justice or any person/institution selected by him
may take into account appointing an arbitrator of a nationality other than those of theparties.

(h)

A decision on a matter entrusted to the Chief Justice or any person/institution selectedby him by subsections (c) and (d) of this section shall be subject to no appeal.

Explanation Notes: The Chief Justice mentioned in this section refers to the Chief Justice ofthe High Court of the Region or High Court of the State within their jurisdiction for domestic
arbitration and refers to the Chief Justice of the Union for the international arbitration.
Grounds for challenge for arbitrator
14.

(a)

When a person is approached in connection with his possible appointment as anarbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts
as to his impartiality or independence.

(b)

If an arbitrator did not inform such circumstances to the parties as mentioned insubsection (a), from the time of his appointment and throughout the arbitralproceedings, he shall disclose any such circumstances to the parties without delay.

(c)

An arbitrator may be challenged only if:
(1)
(2)

(d)

circumstances exist that give rise to justifiable doubts as to his impartiality or
independence, or
he does not possess qualifications agreed to by the parties.

A party may challenge an arbitrator appointed by him, or in whose appointment hehas participated, only for reasons of which he becomes aware after the appointment
has been made.

Challenge procedure
15.

(a)

The parties are free to agree on a procedure for challenging an arbitrator.

(b)

Failing such agreement in subsection (a), a party who intends to challenge an
arbitrator shall, within fifteen days after becoming aware of the constitution of thearbitral tribunal or after becoming aware of any circumstance referred to in thesubsection 14(c), send a written statement of the reasons for the challenge to thearbitral tribunal.

(c)

Unless the challenged arbitrator per subsection (b) withdraws from his office or theother party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

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(d)

If a challenge under the procedure agreed upon by the parties is not successful or
arbitral tribunal decides subject to the subsection (c) as there is no reason to challenge
upon the procedure of subsection (b), the party who intends to challenge may apply tothe court to decide upon the challenge within 30 days from the date of such decision
is made.

(e)

Although the application under subsection (d) is pending in the court, the arbitral
tribunal shall continue the arbitral proceedings and make an award.

(f)

If the arbitral award has been set aside subsequent to application made undersubsection (d), the Court may decide whether the challenged arbitrator is entitled toany fees or not.

Termination of the mandate of arbitrator and appointment of substitute arbitrator
16.

(a)

The mandate of an arbitrator shall terminate if:
(1)

(2)

17.

he becomes unable to perform legally and actually his functions ( as a matterof law or as a matter of fact) or for other reasons fails to act without undue
delay;
he resigns from his office or if the parties agree on the termination.

(b)

If a controversy remains concerning matters specified in subsection (a)(1), any party
may, unless otherwise agreed by the parties, apply the court to decide on thetermination of the mandate of the arbitrator. The decision regarding with thetermination of the mandate of arbitrator, shall be subject to no appeal.

(c)If, under subsection (a)(1) or subsection (c) of section 15, an arbitrator resigns fromhis office or a party agrees to the termination of the mandate of an arbitrator, this does
not imply acceptance of the validity of any ground referred to in subsection (a)(1) or
subsection (c) of section 14.

(a)

Where the mandate of an arbitrator terminates under section 15 or 16, or because of
his withdrawal from office for any other reason or because of the revocation of his
mandate by agreement of the parties or in any other case of termination of his
mandate, a substitute arbitrator shall be appointed according to the rules that wereapplicable to the appointment of the arbitrator being replaced.

(b)

If an arbitrator is replaced as per subsection (a), the former hearings may be repeatedat the discretion of arbitral tribunal, unless otherwise agreed by the parties.

(c)

If an arbitrator is replaced as per this section, the order and decision made before thesubstitution of the arbitrator shall not be deemed invalid due to the re-composition of
the arbitral tribunal, unless otherwise agreed by the parties.
Chapter 6
Jurisdiction of Arbitral Tribunal

Competence of arbitral tribunal to rule on its jurisdiction
18.

(a)

Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own
jurisdiction, including any objections with respect to the existence or validity of thearbitration agreement. For that purpose:

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(1)
(2)

an arbitration clause which forms part of a contract shall be treated as anagreement independent of the other terms of the contract;a decision by the arbitral tribunal that the contract is null and void shall not
be affected the validity of arbitration clause under that contract.

(b)

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than
the submission of the statement of defence. A party is not precluded from raisingsuch a plea by the fact that he has appointed, or participated in the appointment of, anarbitrator.

(c)

A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised
as soon as the matter alleged to be beyond the scope of its authority is raised during
the arbitral proceedings.

(d)

The arbitral tribunal may admit a later plea referred to in subsection (b) and (c) if itconsiders the delay justified.

(e)

The arbitral tribunal may rule on a plea referred to in subsections (b) and (c) as
preliminary issue or as an arbitral award. If the arbitral tribunal rules that it has
jurisdiction or not, any party aggrieved by the arbitral award, may appeal to the court,
subject to section 43, subsection (d) (1)(2) and section 47, subsection (b) (1), within
30 days from the date of receiving of such decision.

(f)

Although the application is pending in the court, the arbitral tribunal shall continue
the arbitral proceedings and make an award.

Power of arbitral tribunal to order interim orders
19.

(a)

Unless otherwise agreed by the parties, an arbitral tribunal shall have powers to makedecision, order and instructions to any party for:
(1)
(2)
(3)
(4)
(5)

(6)
(7)
(8)

security for costs;
discovery of documents and interrogatories;
giving of evidence by affidavit;
the preservation, interim custody or sale of any property which is part of thesubject-matter of the dispute;
samples to be taken from, or any observation to be made of or experimentconducted upon, any property which is or forms part of the subject-matter ofthe dispute;the preservation and interim custody of any evidence for the purposes of theproceedings;
securing the amount in dispute;an interim injunction or any other interim measure.

(b)

An arbitral tribunal may have power to administer oaths to the parties and witnesses.

(c)

An arbitral tribunal may have the power to adopt inquisitorial procedures as its
consider appropriate.

(d)

The power of the arbitral tribunal to order a claimant to provide security for costs as
referred to in subsection (a)(1) shall not be exercised solely because the claimant is:(1)

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an individual ordinarily residing outside the Republic of the Union of
Myanmar;

8

(2)

(e)

a corporation or an association incorporated or formed under the law of theother country.

All decisions, orders or instruction made by an arbitral tribunal in the course of anarbitration may apply to the court for the enforcement in accordance with the section
31.

Immunity of the arbitrator
20.

An arbitrator shall not be liable for his act or omission which is done with due care during thecourse of arbitration as an arbitrator.
Chapter 7
Conduct of Arbitral Proceedings

Equal treatment of parties
21.

The parties shall be treated with equality and each party shall be given a full opportunity ofpresenting his case.

Determination of rules of procedure
22.

(a)

Without contradicting the provisions of this Law, the parties are free to agree on theprocedure to be followed by the arbitral tribunal in conducting the proceedings.

(b)

Failing such agreement as specified in subsection (a), the arbitral tribunal may,subject to the provisions of this Law, conduct the arbitration in such manner as it
considers appropriate.

(c)

In conducting arbitral proceedings as per subsection (b), the power conferred upon
the arbitral tribunal includes the power to determine the admissibility, relevance,materiality, and weight of any evidence.

Place of arbitration
23.

(a)

The parties are free to agree on the place of arbitration.

(b)

Failing such agreement as specified in subsection (a), the place of arbitration shall be
determined by the arbitral tribunal having regard to the circumstances of the case,including the convenience of the parties.

(c)

Notwithstanding the provisions in subsections (a) and (b), the arbitral tribunal may,unless otherwise agreed by the parties, meet at any place it considers appropriate for
consultation among its members, for hearing witnesses, experts or the parties, or for
inspection of goods, other property or documents.

Commencement of arbitral proceedings
24.

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular
dispute commence on the date on which a request for that dispute to be referred to arbitrationis received by the respondent.

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9

Language
25.

(a)

The parties are free to agree on the language or languages to be used in the arbitralproceedings.

(b)

Failing such agreement as specified in subsection (a), the arbitral tribunal shalldetermine the language or languages to be used in the arbitral proceedings.

(c)This agreement or determination, unless otherwise specified in subsection (a) or (b),shall apply to any written statement by a party, any hearing and any award, decisionor other communication by the arbitral tribunal.

(d)

The arbitral tribunal may order that any documentary evidence shall be accompanied
by a translation into the language or languages agreed upon by the parties ordetermined by the arbitral tribunal.

Statements of claim and defence
26.

(a)

The parties may agree the particulars to be stated in the claim or defence. Failingsuch agreement, the claimant shall state the facts supporting his claim, the points at
issue and the relief or remedy sought, and the respondent shall state his defence inrespect of these particulars and apply to the arbitral tribunal within the period of timeagreed by the parties or determined by the arbitral tribunal.

(b)

The parties may submit with their statements all documents they consider to be
relevant and other evidence or may add a reference to the documents they willsubmit.

(c)

Unless otherwise agreed by the parties, either party may amend or supplement his
claim or defence during the course of the arbitral proceedings, unless the arbitral
tribunal considers it inappropriate to allow such amendment having regard to thedelay in making it.

Hearings and written proceedings
27.

(a)

Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether tohold oral hearings for the presentation of evidence or for oral argument, or whether
the proceedings shall be conducted on the basis of documents and other materials.
However, unless the parties have agreed that no hearings shall be held, the arbitral
tribunal shall hold such hearings at an appropriate stage of the proceedings, if sorequested by a party.

(b)

The parties shall be given sufficient advance notice of any hearing and of any
meeting of the arbitral tribunal for the purposes of inspection of goods, other property
or documents.

(c)

All statements, documents or other information supplied to the arbitral tribunal by
one party shall be communicated to the other party. Also any expert report orevidentiary document on which the arbitral tribunal may rely in making its decision
shall be communicated to the parties.

Default of a party
28.

Unless otherwise agreed by the parties, if, without showing sufficient cause:

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10

(a)

the claimant fails to communicate his statement of claim in accordance with section
26, subsection (a), the arbitral tribunal shall terminate the proceedings;(b)

the respondent fails to communicate his statement of defence in accordance withsection 26, subsection (a), the arbitral tribunal shall continue the proceedings.
However, such failure in itself shall not be treated as an admission of the claimant’s
allegations;(c)any party fails to appear at a hearing or to produce documentary evidence, the arbitral
tribunal may continue the proceedings and make the award on the evidence before it.

Expert appointed by arbitral tribunal
29.

(a)

Unless otherwise agreed by the parties, the arbitral tribunal:
(1)
(2)

(b)

may appoint one or more experts to report to it on specific issues to be
determined by the arbitral tribunal;
may require a party to give the expert any relevant information or to produce,or to provide access to, any relevant documents, goods or other property for
his inspection.

If a party so requests or if the arbitral tribunal considers it necessary, the expert shall,
after delivery of his written or oral report, participate in a hearing. In doing so, theparties shall have the opportunity to put questions to the expert and to present
evidence on the points at issue.

Court assistance in taking evidence
30.

(a)

The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to
the Court for assistance in taking evidence.

(b)

The application shall specify the following particulars:
(1)
(2)
(3)
(4)

the names and addresses of the parties and the arbitrators;
the general nature of claim and the relief sought;
the names and addresses of any person to be heard as witness or expert
witness and a statement of the subject-matter of the testimony required;the document to be submitted or the description of the document to be
produced or property to be inspected.

(c)

The Court may, within its competence and according to its rules on taking evidence,
execute the request that the evidence be provided directly to the arbitral tribunal.

(d)

The Court may, while making an order under subsection (c), issue the same processes
to witnesses as it may issue in suits tried before it.

Enforcement of interim order of the arbitral tribunal by Court
31(a)relating to arbitration, whether interim order are passed within or outside the State,
Courts may enforce such interim orders passed by the arbitral tribunal as if its own
order and decision.

(b)

in relation to arbitration exercised outside the State, when an applicant file the interim
order for enforcement is unable to submit strong evidence that it is the same type oforder exercised within the State, the Court shall not approve for enforcement.

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11

(c)

When approval is granted according to subsection (a) the Court shall enforce suchorder.

(d)There shall be no right of appeal upon the Court decision on granting approvalaccording to subsection (a) or upon refusal.

Explanation Note: The interim order which refers to this section includes decision, orderand instruction of the arbitral tribunal.
Chapter 8
Making of Arbitral Award and Termination of Proceedings
Rules applicable to substance of dispute
32.

(a)

If the place of arbitration is the Republic of the Union of Myanmar:(1)

In domestic arbitration, the arbitral tribunal shall decide the dispute which to
be settled by arbitration in accordance with the substantive law in force of the
Republic of the Union of Myanmar.

(2)

In international commercial arbitration:
aa)
bb)

cc)

The arbitral tribunal shall decide the dispute in accordance with suchrules of law as are chosen by the parties;
Any designation of the law or legal system of a given State shall be
construed, unless otherwise agreed by the parties, as directly
referring to the substantive law of that State and not to its conflict oflaws rules;
Failing any designation as per subsection clause (aa) by the parties,
the arbitral tribunal shall apply the rules of law which it considers
applicable.

(b)

The arbitral tribunal shall decide the dispute with justice, equity and good conscience
if the parties have expressly authorized it to do so.

(c)

In all cases, the arbitral tribunal shall decide in accordance with the terms of thecontract and shall take into account the usages of the trade applicable to thetransaction.

Decision-making by panel of arbitrators
33.

(a)

In arbitral proceedings with more than one arbitrator, any decision of the arbitral
tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its
members.

(b)

However, notwithstanding anything contained in subsection (a), questions ofprocedure may be decided by a presiding arbitrator, if so authorized by the parties or
all members of the arbitral tribunal.

Settlement
34.

(a)

If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shallterminate the proceedings and, if requested by the parties and not objected to by the

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12

arbitral tribunal, record the settlement in the form of an arbitral award on agreed
terms.
(b)

An award on agreed terms shall be made in accordance with the provisions of section
35 and shall state that it is an arbitral award.

(c)Such award on agreed terms has the same status and effect as any other award on the
merits of the case.

Form and contents of award
35.

(a)

The award shall be made in writing and shall be signed by arbitrator or arbitrators.

(b)

In arbitral proceedings with more than one arbitrator for the purpose of subsection(a), the signatures of the majority of all arbitrators of the arbitral tribunal shall suffice,provided that the reason for any omitted signature is stated.

(c)

Unless the parties have agreed that no reasons are to be given or unless the award isan award on agreed terms, the award shall state the reasons upon which it is based.

(d)

The award shall state its date and the place of arbitration as determined in accordancewith section 23. The award shall be deemed to have been made at that place.

(e)

After the award is made, a signed copy shall be delivered to each party.

(f)Unless otherwise agreed by the parties:
1)
2)

The costs of an arbitration shall be fixed by the arbitral tribunal;
The arbitral tribunal shall specify the party entitled to costs, the party who
shall pay the costs, the amount of costs and method of determining thatamount and the manner in which the costs shall be paid.

Explanatory note:
For the purpose of subsection (f) (1), “costs” means reasonable costs relating to:
(1)
(2)
(3)
(4)

fees and expenses of arbitrators and witnesses;
legal fees and expenses;
any administration fees of the institution supervising the arbitration; andany other expenses incurred in connection with the arbitral proceedings and thearbitral award.

Termination of proceedings
36.

(a)

The arbitral proceedings shall be terminated by the final award or by an order of thearbitral tribunal in accordance with subsection (b) of this section.

(b)

The arbitral tribunal shall issue an order for the termination of the arbitralproceedings when:
(1)

(2)

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the claimant withdraws his claim, unless the respondent objects thereto andthe arbitral tribunal recognizes a legitimate interest on his part in obtaining a
final settlement of the dispute;the parties agree on the termination of the proceedings;

13

(3)

(c)

the arbitral tribunal finds that the continuation of the proceedings has for any
other reason become unnecessary or impossible.

Subject to the provisions of section 37, the mandate of the arbitral tribunal terminateswith the termination of the arbitral proceedings pursuant to the section 34, subsection(a) and this section.

Correction and interpretation of award; additional award
37.

(a)

Within thirty days from the date of award, unless another period of time has been
agreed upon by the parties, a party, with notice to the other party, may request thearbitral tribunal to correct in the award any errors in computation, any clerical or
typographical errors or any errors of similar nature.

(b)

If the arbitral tribunal considers the request made as per subsection (a) or, its own
initiative, may correct any error of the type refer to in subsection (a) and suchcorrection shall be delivered to the parties.

(c)

If so agreed by the parties, a party, with notice to the other party, may request thearbitral tribunal to give an interpretation of a specific point or part of the award.

(d)

If the arbitral tribunal considers the request made as per subsection (c) to be justified,
it shall give the interpretation within thirty days of receipt of the request. Theinterpretation shall form part of the award.

(e)

Unless otherwise agreed by the parties, a party, with notice to the other party, may
request, within thirty days of receipt of the award, the arbitral tribunal to make an
additional award as to claims presented in the arbitral proceedings but omitted fromthe award.

(f)

If the arbitral tribunal considers the request made as per subsection (e) to be justified,
it shall make the additional award within sixty days from the receipt of such request.

(g)

The arbitral tribunal may extend, if necessary, the period of time within which it shallmake a correction, interpretation or an additional award under subsection (b), (d) or
(e).

(h)

The provisions of section 33 shall apply to a correction or interpretation of the award
or to an additional award.

Effect of the Arbitral Award
38.

Unless otherwise agreed by the parties, the award made by the arbitral tribunal pursuant to thearbitration agreement, shall be final and binding on the parties and persons claiming underthem respectively.
Chapter 9Power of the Court relating to Domestic Arbitration

Determination of preliminary issue of law
39.

(a)

Unless otherwise agreed by the parties, the Court may, on the application of a party to
the arbitral proceedings who has given notice to the other parties, determine any issueof law arising in the course of the proceedings which the Court is satisfied
substantially affects the rights of one or more of the parties.

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14

(b)

The Court shall not accept and consider an application under this section unless it ismade with the agreement of all parties; or it is made with the permission of thearbitral tribunal and the Court is observed that the determination of the issue is likely
to incur more costs; and the application is caused delay the case.

(c)

The application of subsection (a) shall identify the issue of law to be determined and,except where made with the agreement of all parties, shall state the grounds on whichshould be decided by the Court.

(d)Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitralproceedings and make an award while an application to the Court under this section ispending.

Enforcement of Domestic Arbitration
40.

(a)

The domestic award shall be enforced under the Code of Civil Procedure in the samemanner as if it were a decree of the court.

(b)

If the respondent, who applies for the enforcement of the arbitral award, proves thatthe arbitral tribunal is not competent to make an arbitral award, the court shall not
enforce the arbitral award.

(c)This section shall be applied for the enforcement of any domestic arbitral award.

Particulars for the set aside the Domestic Arbitral award
41.

(a)

Upon the application for setting aside by one of the party, the court may set aside thedomestic arbitral award only if:
(1)
(2)

(3)

(4)

a party to the arbitration agreement was under some incapacity; orthe arbitration agreement is not valid under the law to which the parties haveagreed or, failing any indication thereon, under the law of the Republic of theUnion of Myanmar; or
the party making the application was not given proper notice of theappointment of an arbitrator or of the arbitral proceedings or was otherwise
unable to present his case; orthe award deals with a dispute not contemplated by or not falling within theterms of the submission to arbitration, or contains decisions on mattersbeyond the scope of the submission to arbitration.

Proviso: If the decisions on matters submitted to arbitration can be separated fromthose not so submitted, only that part of the award which contains decisions
on matters not submitted to arbitration may be set aside; or(5)

the composition of the arbitral tribunal or the arbitral procedure was not inaccordance with the agreement of the parties or was not in accordance withthis Law.

Proviso: Such agreement was not in conflict with a provision of this Law fromwhich the parties cannot derogate.
(6)

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the subject-matter of the dispute is not capable of settlement by arbitration
under the existing law; or

15

(7)

the award is in conflict with the national interest (public policy) of the
Republic of the Union of Myanmar.

(b)

An application for setting aside may not be made after three months have elapsed
from the date on which the party making that application had received the award or, if
a request had been made under section 37, from the date on which that request had
been disposed of by the arbitral tribunal.

(c)

The court, when asked to set aside an award as per subsection (a), may, whereappropriate and so requested by a party, adjourn the setting aside proceedings for aperiod of time determined by it in order to give the arbitral tribunal an opportunity toresume the arbitral proceedings or to take such other action as in the arbitral
tribunal’s opinion will eliminate the grounds for setting aside.

Appeal against Domestic Arbitration
42

43.

(a)

A party in dispute may, upon notice to the other parties and to the arbitral tribunal,
appeal to the Court on an issue of law arising out of an award made in theproceedings.

(b)

According to subsection (a) there is a right of appeal upon the award of the arbitration
tribunal. However if there is a written agreement between the parties not to appeal,
there shall be no right of appeal to the Court under this section.

(c)

If there is an agreement in writing between the parties that it is not required to write
down the reasons on the award, there shall be no appeal on such ground according tothis section.

(d)Filing appeal according to this section shall be effected by the facts relating to section
44.

(e)

When filing an appeal according to this section, shall identify the issue of law to be
determined and state the grounds on which it is alleged that leave to appeal should be
granted.

(f)

Whether the Court accept or refuse the right of appeal under this section there shall be
no second appeal.

(a)

The Court, if satisfied and agree with the following facts shall accept the appeal:
(1)
(2)

(b)

When filing appeal according to this section, the Court can pass any of the following
orders:
(1)
(2)
(3)
(4)

(c)

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the decision of the arbitral tribunal of the issue in dispute is substantiallyaffect the rights of a party or upon the parties ;the decision of the arbitral tribunal on the issue in dispute is obviously wrong.

Approve the award;
Amend the l award;
To return the decision to the arbitral tribunal to review and reconsider thewhole or part of the award;
set aside the whole or part of the arbitral award.

Appeal can be filed to the Court of competent jurisdiction for following court order:

16

(1)
(2)
(3)
(4)

(d)

Following orders of an arbitral tribunal can be filed for appeal to the Court ofJurisdiction:
(1)
(2)
(3)

(e)

An order refusing to refer to arbitration according to section 10 subsection(f);An order granting or refusing to perform one of the interim measuresaccording to section 11;
Court order passing upon the issue of law according to section (39)subsection (a);An order setting aside or refusing the set aside of domestic arbitral award
according to section 41.

Order accepting the application according to section 18 subsection (b) and(c);
Order by the arbitral tribunal that it has jurisdiction or not according tosection 18 (e);Order granting or refusing to perform the any interim measures according tosection 19.

There shall be no second appeal upon the order passed from filing of appeal
according to this section .

Effect of the Appellate Court order upon Domestic Arbitration
44.

The appellate Court, when passing an order relating to the award according to section 43
subsection (b):
(a)
(b)

(c)

When it is decided to amend the award, such amended decision shall be effected aspart of the award;
When the Court pass the order remitting the award in whole or partial to the arbitral
tribunal for reconsideration and revision the arbitral tribunal shall revise such mattersand pass the decision;
Necessary timing for the arbitral tribunal to review and pass the decision may berecommended.
Chapter 10
Recognition of Enforcement of Foreign Arbitral Award

Particulars to apply for recognition or enforcement of foreign arbitral award
45(a)The party applying for the enforcement of a foreign award shall, at the time of theapplication, produce before the court:
(1)
(2)
(3)

the original award or a copy thereof, duly authenticated in the mannerrequired by the law of the country in which it was made;the original agreement for arbitration or a duly certified copy thereof; andsuch evidence as may be necessary to prove that the award is a foreign award.

(b)

Where the award or arbitration agreement requiring to be submitted under subsection(a) is in a foreign language, the party seeking to enforce the award shall produce atranslation into English certified as correct by the ambassador or consular of thecountry to which that party belongs or certified as correct in such other manner as
may be sufficient according to the law in force in the Republic of the Union of
Myanmar.

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Recognition and Enforcement of Foreign Arbitral Award
46.

(a)

Except the application to set aside the award is refused under subsection (b) and (c),the award shall be enforced under the Code of Civil Procedure in the same manner as
if it were a decree of the court.

(b)

The court may refuse to recognize the foreign arbitral award if the party against
whom it is invoked furnishes to the court proof that:
(1)
(2)

(3)

(4)

(5)

(6)

(c)

Enforcement of the foreign arbitral award may be refused if the court finds that:
(1)
(2)

(d)

the parties to the arbitration agreement referred was under some incapacity;orthe said agreement is not valid under the law to which the parties havesubjected to it or, failing any indication thereon, under the law of the country
where the award was made;the party against whom the award is invoked was not given proper notice of
the appointment of an arbitrator or of the arbitral proceedings or wasotherwise unable to present his case; orthe award deals with a dispute not contemplated by or not falling within theterms of the submission to arbitration, or it contains decisions on mattersbeyond the scope of the submission to arbitration; orthe composition of the arbitral tribunal or the arbitral procedure was not inaccordance with the agreement of the parties or, failing such agreement, was
not in accordance with the law of the country where the arbitration took
place; orthe award has not yet become binding on the parties or has been set aside orsuspended by a competent authority of the country in which, or under the lawof which, that award was made;the subject-matter of the dispute is not capable of settlement by arbitration
under the law of the Republic of the Union of Myanmar; orthe enforcement of the award would be contrary to the national interest(public policy) of the Republic of the Union of Myanmar.

If an application for setting aside or suspension of an award has been made to acompetent authority referred to in subsection (b)(6) of this section, the court may, if itconsiders it proper, adjourn its decision on the enforcement of the award and may
also, on the application of the party claiming enforcement of the award, order theother party to provide appropriate security.

Appeals47.

Any party to dispute:(a)

The following orders passed by a competent court may be appealed:
(1)
(2)
(3)

An order granting or refusing to take any measure under section 10;
Any order under section 11;
An order setting aside or refusing to set aside an award under section 46,
subsection (b) and (c);(b)

The following orders passed by arbitral tribunal may be appealed to the competent
Court:

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18

(1)
(2)
48.

An order determining whether the arbitral tribunal has jurisdiction or notunder section 18, subsection (e);An order granting or refusing the interim matures under section 19;

Nothing in this Chapter shall prejudice any rights which any person would have had ofenforcing foreign arbitral award in the Republic of the Union of Myanmar or of availinghimself of such award to the enactment of this Law.

No application of the Arbitration (Protocol and Convention) Act
49.

Enforcement of foreign arbitral award under this Chapter shall not apply to the enforcement
under the Arbitration (Protocol and Convention) Act, 1937.
Chapter 11
Miscellaneous

50.

(a)

In order to enforce the award made in contracting State of the New York Convention,
the Chief Justice of the Union may appoint, by notification, any officer from the
Office of the Supreme Court of the Union or any person or any individual in chargeof any organization to certify or authenticate the copy of the arbitration agreement or
arbitral award.

(b)

The person, who is appointed per subsection (a), shall:(1)(2)

comply with the rules determined by the Chief Justice of the Union ; andnot reveal, directly or indirectly, to others any fact in the arbitral award or
arbitration agreement including the personal information of the parties,
without the written consent of the parties.

51.

A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carryinterest at the rate applied in the decree for payment of money, from the date of the award.

52.

(a)

The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as
the case may be, as an advance for the costs referred to in section 35, subsection (f),which it expects will be incurred in respect of the claim submitted to it. Provided that
where, apart from the claim, a counter-claim has been submitted to the arbitral
tribunal, it may fix separate amounts of deposit for the claim and counter-claim.

(b)

The deposit referred to in subsection (a) shall be payable in equal shares by theparties. Where one party fails to pay his share of the deposit, the other party may paythat share. Where the other party also does not pay the aforesaid share in respect of
the claim or the counter-claim, the arbitral tribunal may suspend or terminate thearbitral proceedings in respect of such claim or counter-claim, as the case may be.

(c)Upon termination of the arbitral proceedings, the arbitral tribunal shall render an
accounting to the parties of the deposits received and return any unexpended balance
to the parties, as the case may be.

53.

(a) The arbitral tribunal shall have a lien on the arbitration for any unpaid costs.
(b)

If an arbitral tribunal refuses to deliver an award because of any party refuse to pay
the costs to the arbitral tribunal, by application of other party, the Court may inquireas necessary and order that there shall be paid to the arbitral tribunal by the
responsible party and Court may order the arbitral tribunal to deliver the arbitralaward accordingly.

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19

54.

(c)

An application under subsection (b) may be made by any party unless the fees
demanded have been fixed by written agreement between him and the arbitral
tribunal.

(d)

The Court may make such orders as it thinks fit regarding the costs of the arbitration
where any question arises respecting such costs and the arbitral award contains nosufficient provision concerning them.

(a)An arbitration agreement shall not be discharged by the death of any party thereto,either as respects the deceased or any other party, but shall in such event be
enforceable by or against the legal representative of the deceased.

(b)

The authority of an arbitrator shall not be revoked by the death of any party by whom
he was appointed.

55.

Notwithstanding anything contained elsewhere in this Law or in any other law for the time
being in force, where with respect to an arbitration agreement any application under this Law
has been made in a Court, that Court alone shall have jurisdiction over the arbitralproceedings and all subsequent applications arising out of that agreement and the arbitralproceedings shall be made in that Court and in no other Court.

56.

The provisions under the Limitation Act which refers to the Arbitration Act (1944), shall bedeemed to refer this Law.

57.

The Supreme Court of the Union may issue necessary rules, regulations, by-law, notification,orders, directives, procedures and manuals, in accordance with this Law.

58.

(a)

Unless otherwise agreed by the parties in the arbitration agreement or otherdocuments, the provisions of this Law shall not apply to the arbitration which
commencing in accordance with the arbitration agreement before this Law had beenenacted.

(b)

Subject to the provision of subsection (a), if arbitration is commencing before thisLaw had been enacted, pending arbitration shall be proceed in accordance with the
Law selected by the parties to the arbitration agreement.

59.

The Arbitration Act, 1944 is repealed by this Law.

I hereby sign in accordance with the Constitution of the Republic of the Union of Myanmar.

(S/d) Thein Sein
President
Republic of the Union of Myanmar

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Small and Medium Enterprises Development Law(2015)(၂၀၁၅)

Contents
No.

Particular

Page

1.

Chapter (I)Name and Definition

1-5

2.

Chapter (II)Objective

5-6

3.

Chapter (III)Basic Principles

6-7

4.

Chapter (IV)Formation of Central Committee

7-9

and Functions and Duties thereof
5.

Chapter (V)Formation of Working Committee

9-11

and Functions and Duties thereof
6.

Chapter (VI)

Formation of Evaluation and Reporting 12-13
Body and Functions and Duties thereof

7.

Chapter (VII)Formation of Agency and Agency

13-16

Branch Offices and Functions andDuties thereof
8.

Chapter (VIII)

TheRole of Business Associations

16

9.

Chapter (IX)

Duties and Rights of Entrepreneur

16-17

10.

Chapter (X)Formation of Fund Management Body 17-19
and Functions and Duties thereof

11.

Chapter (XI)

One-Stop Service System

19

12.

Chapter (XII)

Collecting and Keeping the

19-20

Information and Dissemination
13.

Chapter (XIII)

Human Resources Development and

20-21

Providing Technology
14.

Chapter (XIV)

Finding Market and Connection

21

၁။

(၁)

၁−၅

၂။

(၂)

၅−၆

၃။

(၃)

၆−၇

၄။

(၄)

၇−၉

၅။

(၅)

၉−၁၁

၆။

(၆)

၁၂−၁၃

၇။

(၇)

၁၃−၁၆

၈။

(၈)

၁၆

၉။

(၉)

၁၆−၁၇

၁၀။

(၁၀)

၁၇−၁၉

၁၁။

(၁၁)

၁၉

၁၂။

(၁၂)

၁၉−၂၀

၁၃။

(၁၃)

၂၀−၂၁

၁၄။

(၁၄)

၂၁

No.

Particular

15.

Chapter (XV)

Coordination on Taxation

16.

Chapter (XVI)

Supporting Entrepreneurship and

Page
22
22-23

Business Start-up
17.

Chapter (XVII)Registration

23-24

18.

Chapter (XVIII)

Miscellaneous

24-25

၁၅။

(၁၅)

၂၂

၁၆။

(၁၆)

၂၂−၂၃

၁၇။

(၁၇)

၂၃−၂၄

၁၈။

(၁၈)

၂၄−၂၅

The Republic of the Union of Myanmar
Pyidaungsu Hluttaw
Small and Medium Enterprises Development Law(2015)(၂၀၁၅)

The Small and Medium Enterprises Development Law(The Pyidaungsu HluttawLaw No. 23, 2015)
6th Waning of Tagu, 1376 M.E.
(9 April 2015)

The Pyidaungsu Hluttaw hereby enacts this Law.
Chapter I
Name and Definition
1.

This law shall be called The Small and Medium Enterprises
Development Law.

2.

The following expressions contained in this Law shall have themeanings given here under.
(a) The Small Enterprise means the following enterprises inwhich the value of the land is not included in the capital
investment–(1) The enterprise, if it mainly operates manufacturingbusiness,in which number of employees shall not exceed
than 50 as permanent or capital investment shall not
exceed 500 million kyats;(2) The enterprise, if it is labour intensive or mainly operates
piecework business, in which number of employees shallnot exceed 300 as permanent or capital investment shallnot exceed 500 million kyats;(3) Theenterprise,if

it mainly operates

wholesalebusiness,in which number of employees shall not exceed
30 as permanent or annual income of the previous year
shall not exceed 100 million kyats;( ၂၀၁၅၂၃ ။ )
၁၃၇၆

၆

(၂၀၁၅

၉

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။

(၁)

၁။
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၂။
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)
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၅၀၀

(၂)
၃၀၀
၅၀၀
(၃)
၃၀
၁၀၀

(4) The enterprise, if it mainly operates retail business,inwhich number of employees shall not exceed 30 aspermanent or annual income of the previous year shallnot exceed 50 million kyats;(5) The enterprise, if it mainly operates service business,inwhich number of employees shall not exceed 30 aspermanent or annual income of the previous year
shall not exceed 100 million kyats;(6) The enterprise, if it is any other business other than in
the above sub-sections (1), (2), (3), (4) and (5),in
which number of employees shall not exceed 30 aspermanent or annual income of the previous year shallnot exceed 50 million kyats;(b) The Medium Enterprise means the following enterprises inwhich the value of the land is not included in the capital
investment(1) The enterprise, if it mainly operates manufacturingbusiness,in which number of employees shall not
exceed 300 as permanent or capital investment shallnot exceed 500 million kyats to 1,000 million kyats;(2) The enterprise, if it is labour intensive or mainly
operates piecework business,in which number of
employees shall not exceed 600 as permanent or capital
investment shall not exceed 500 million to 1,000
million kyats ;(3) The enterprise, if it mainly operate wholesale
business,in which number of employees shall not
exceed 60 as permanent or annual income of theprevious year shall not exceed 100 million to 300
million kyats;
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၅
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။

( )
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၃၀၀
၅၀၀
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2

(4) The enterprise, if it mainly operates retail business, inwhich number of employees shall not exceed 60 aspermanent or annual income of the previous year shallnot exceed 50 million to 100 million kyats;(5) The enterprise, if mainly operates service business,inwhich number of employees shall not exceed 100 aspermanent or annual income of the previous year shallnot exceed 100 million kyats to 200 million kyats;(6) The enterprise, if it is any other business other than in
the above sub-section (1), (2),(3), (4) and(5),in which number of employees shall not exceed 60
as permanent or annual income of the previous year
shall not exceed 50 million kyats to 100 million kyats;(c)Entrepreneur means the person or business which operatesmall enterprise or medium enterprise or both small andmedium enterprise with full percent capital of citizen.

(d)Business Association means a non-profit association, an
association

which

cooperates

with

such

non-profit

association, sub-association and branch unit thereof which
are established by entrepreneurs in accord with the existing
laws.
(e)

Central Committee means the Central Committee of Smalland Medium Enterprises Development.

(f)3Working Committee means the Working Committee of the
Small and Medium Enterprises Development.

(၄)
၆၀
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(g)

Agencymeans

the

small

and

mediumenterprises

development agency.
(h)Agency Branch Offices mean the branch offices which are
opened in the respective Regions or States and Selfadministered Divisions or Self-administered Zones or Union
Territory with the permission of the Central Committee andthe Working Committee.

(i)

One-Stop Service Team means the team which is formed
and assigned duty by the local administration body in therespective Regions or States, Self-administered Divisions or
Self-administered Zones and Union Territory in order toprovide service for registration and application of permits at
one place for small and medium enterprises and to discharge
duties contained in this Law.

(j)Fund means small and medium enterprises development
fund established under this law.

(k)

Fund Management Body means the body which manages
the small and medium enterprises development fund.

(l)Responsible Ministry means the Ministry assigned by theUnion Government to take responsibility mainly in theimplementing

of

small

and

mediumenterprises

development.
(m)

4

Respective Ministries means the Ministries related to theimplementation of small and medium enterprises
development.

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(n)

Bank means the company licensed by the Central Bank tooperate commercial banking or development banking in
Myanmar.In this expression,foreign bank which haveobtained license also includes.

(o)Entrepreneurship means the innovation of marketable andmore useful technology, products, manufacturing andservices.

(p)RegistrationPermission means the registration permission
by the Agency for small and medium enterprises in accord
with the stipulations in order to enjoy the rights contained inthis Law.

(q)

Loan Information Department means the department
established with the permission of the Central Bank ofMyanmar to collect the related loan information or the otherappropriate information to assess the worth of borrowing of
the customers to the financial institutions, and to inform thecollected information to the financial institutions.

Chapter II
Objective
3.

The objectives of this law are as follows:(a)5

to enable
to accept the
information
relatedtobusiness, technical assistance and financial aids for thesmall and medium enterprises;

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(b) to reach

local and international markets and enhance thecompetitiveness of small and medium enterprises;(c) to have new employment opportunities and increase incomeof the people through the development of small and medium
enterprises;(d) to reduce the difficulties and obstacles in business operationsof small and medium enterprises.
Chapter III
Basic Principles
4.

The basic principles of this law are as follows:(a)tendering necessary financial assistance, tendering legal
advice and laying down the administrative policy in orderto thrive small and medium enterprises and to reduce thedifficulties of enterprise;(b) undertaking necessary measures for small and medium
enterprises in order to compete not only in the local market
but also in the foreign markets with the international
standardized quality products and servicesto increase thecapacity of competitiveness, and to obtain market;(c)encouraging small and medium enterprises for registration
which are not yet registered in accord with the law;(d) supporting the availability of information, technology andfinancial investment to new establishing or existing small andmedium enterprises;
6

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(e)

ensuring small and medium enterprises to manage on theavailability of resources with sustainable manner which has
minimum

impactsonnaturalandsocio-economic

environment;(f)encouraging the small and medium entrepreneurs to produce
innovative products, to develop services, to increase
production capacity, to use appropriate advanced technology
and facilities in production and distribution;(g) encouraging the development of employment opportunities
and human resources and managing the development of onjob trainings;(h) promoting the cooperation of Government, private andinternational organizationsfor the development of small andmedium enterprises;
Chapter IV
Formation of Central Committee and Function and Duties thereof
5.

(a)

The Union Government shall,to discharge functions andduties contained in this Law in order to enhance thedevelopment of small and medium enterprises, from theCentral Committee of Small and Medium Enterprises asfollows:(1) The President of the Union(2) The Vice- Presidents(3) The Union Ministers from
Respective Ministries

7

ChairmanVice-Chairman
Members

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(4) The suitable representatives

Members

And economists, Intellectuals
and intelligentsia from thebusiness associations(5) The Union Minister fromSecretary

responsible Ministry(b)

Joint-secretary shall be assigned duty from among themembers formed under the sub-section (a).

(c)

6.

The president of the Union of Myanmarshall proclaim theformation of the Central Committee.

The functions and duties of the Central Committee are as follows(a)laying down thepolicies and guiding in order to carry out
the development of small and medium enterprisesin accord
withthebasic principles contained in this law;(b)

encouraging and promoting the development of small andmedium enterprises which take part with highest ratio in theeconomic forces of the State;(c)giving guidance to communicate and coordinate with local
and international organizations for obtaining the financial
and technical assistance;

8(d)encouraging and promoting the development of themarket ofsmall and mediumenterprise in order to reach rural area;(e)arranging the regular occurrence and development ofassess to market for the local and foreign investment
enterprises;

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(ဃ)

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(f)

(g)

encouraging and promoting to train and nurture thenecessary human resources for the development of small
and medium enterprises;
giving guidance and support for theapplication oftechnology on energy

production andeffectiveandefficient use of energy, and technology on environmental
conservation;(h)coordinating and giving guidance for the use of production
technology on value added products and the use ofmachinery, and giving guidance and support for emerging
innovative enterprises;(i)coordinating

with

the

relevant

government

departments, organizations, local authorities and private
entrepreneurs inorder to provide and fill adequately thebasic infrastructuresand supplies of small and medium

enterprises;(j)forming of the Working Committee and specifying duties
and functions;(k)guiding to form Agency, Fund Management Board and theother necessary Boards and to assign duty thereupon.
Chapter V

Formation of the Working Committee and Functions and Duties thereof

7.
(a) The Central Committee shall form the Working Committee asfollows:(1) a Vice-president(2) the Union Minister fromthe responsible ministry9

ChairmanVice-Chairman

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(3) the Union Minister or Deputy

Member

Ministers from the respective Union Ministry(4) chief ministers of respectiveRegion orMemberState,and Chairman of the Nay Pyi Taw Council(5) persons from the government departments

Memberand government organizations(6) suitable persons, economists,intellectuals,

Memberintelligentsia from the associations(b) The Central Committee shall designate and assign duty thesecretary and Joint-Secretary fromamong the members of thecommittee formed under sub-section (a).
8.
The function and duties of the WorkingCommittee of Small andMedium Enterprises Development are as follows:

10

(a)

collecting, analyzing and submitting necessary information
to the Central Committee in order to encourage and promote
the small and medium enterprises;(b)

assisting the small and medium enterprises in order toovercome the obstacles;(c)

supporting to connect extensively with the local and foreign
economic markets to enable to extend the market;(d)creating in order to fulfill the skilled-labour requirementand
employment opportunities;(e)

educating and promoting for technology requirements byaccessing with the local and international organizations
respectively;

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(f)

connecting with the relevant government or private financial
institution, investment organizations and banks in order toobtain local and foreign financial assistances;(g)

supporting for the development of the operations of relatedbanks and microfinance activities for the development ofsmall and medium enterprises;(h)cooperating with local and international organizations
relatingto small and medium enterprises to receive anddisseminate technology and economic advice;(i)coordinating with the technicalresearch departmentof thegovernment Ministries and non-government organizations;(j)formation the agency, fund management body andevaluation reporting body with the approval of the Central
Committee and specifying its functions and duties;(k)submitting the operations reports and the other necessary
reports to the Central Committee;(l)coordinating for attaining necessary budget allotment from
Union BudgetFund for the development of small andmedium enterprises;(m)undertaking the functions and duties relating to thedevelopment of small and medium enterprises assigned by
the Central Committee from time to time;(n)arranging for the occurrence of connection between the
manufacturing sectors and sale sectors in the regions
respectively;

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Chapter VI
Formation of the Evaluation and Reporting Body and Functions andDuties thereof
9.

The Working Committee shall form the Evaluation Reporting Body

with the suitable persons with the approval of the Central Committee. A
member who is appointed by the Central Committee shall perform as thechairperson of the body.
10.

The functions and duties of the Evaluation Reporting Body are as

follows:(a) observing and evaluating the actual conditions, requirements
and difficulties of small and medium enterprises;(b) evaluatingthe performance of the agency and agency branch
offices ;(c) evaluating work performance of service businesses, training
schools, and financial institutionswhichsupport for thedevelopment of small and medium enterprises;(d) assessing and evaluating the impact of small and medium
enterprises on naturaland socio-economic environment;(e) evaluating in order to support by the State on the requirementof small and medium enterprises through the analysis of thedevelopment of regional countries and countries around theworld;(f)evaluating the sector growth, contribution in Gross Domestic
Product (GDP),exports and imports of small and medium
enterprises;

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(g) assessing and evaluating on job creation of small and medium
enterprises,

minimum wage, investment and products

according to type, of business, investment and employment;(h) submitting the evaluation report to the Central Committee
through the Working Committee andproclaiming to the

public from time to time.
Chapter VII
Formation of Agency and Agency Branch Offices and Functions andDuties thereof
11.
heads

The Working Committee shall form the agency comprising of thefromconcerned

government

departments,

governmentorganizations, and the suitable representatives and experts from theassociations with the approval of the Central Committee.
12.

The person who is appointed with the approval of the Central

Committee shall perform as the chairman of the agency. The chairman of
the agency shall be deemed as Deputy Ministerlevel.
13.

The Director General from the responsible ministry shall perform

as the secretary of the agency.
14.

The functions and Duties of the agency are as follows:(a) implementing the small and medium enterprises development
policy;(b) submitting the annual progress report on enhancing thedevelopment of the small and medium enterprises to theCentral Committee through the Working Committee;

13

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(

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(c)

supporting to lessen the difficulties and needs faced according
to the business nature ofthe small and medium enterprises;(d) coordinating for the establishment of regional agency branch
offices and one-stop service teamin order to provide thenecessary services to the small and medium enterprises;(e)undertaking legal education activities related to the small andmedium enterprises;(f)tendering necessary advice, organizing workshops andproviding trainingsrequired for the development of the small
and medium enterprises;(g) coordinating with the relevant government departments andgovernment organizations for the establishment of the small
and medium enterprises;(h) providing non-financial services in cooperation with therelevant ministry, organizations, companies and banks forenhancing the availability of financial support to the small andmedium enterprises ;(i)facilitating to establish the economic networks by cooperating
between the small and medium enterprises and the local andforeign enterprises;(j)urgingthecompetition

of

the

small

and

mediumenterpriseseach other to promote the creation and extension ofmarket, and organizing goods and technology exhibitions;

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(k) advising and settling the disputes of small and medium
enterprises, and assisting to settle the disputes by means ofarbitration;(l)supporting for the establishment of legal consultancyorganizations and consultancy service for business set-up
related to the small and medium enterprises;(m) collecting the data and statistics related to the small andmedium enterprise, checking in phases, recording and using
as necessary;(n) arranging to allow the registration of small and medium
enterprises in accord with the stipulations and specifying theterm of registration;(o) communicating with the international financial institutions,international

development agencies, business associations

and local and international

non-governmentorganizations

for the development of the small and medium enterprises;(p) cooperatingclosely with the financial institutions for thedevelopment of the small and medium enterprises andimplementationofdevelopment

means,and

obtaining

advices;(q) keeping the status of the small and medium enterprises until
next three years after changing and emerging from type ofsmall and medium enterprise;
15

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15.

The agency branch offices which implement the functions andduties of the agency according to regions shall take responsibilityto theoperations of one-stop service teams in the relevant areas.
Chapter VIIIThe Role of Business Associations
16.

The business associationsshall closely work with the Central

Committee and the other related organizations in order to comply withand implement the basic principles of this law.
17.

The business associations shallcooperate each other for the growthand development of the small and medium enterprises and thedevelopment of their business standard.
Chapter IX
Duties and Rights of Entrepreneur
18.

The duties and rights of entrepreneur are as follows:(a) registration of small and medium enterprisesin accord withthe stipulations to enable to enjoy the rights contained in thislaw;(b) changing freely of management mode and advanced
technology in order to respond on the changes of economic orsocial environment and to develop enterprises;(c) informing by the entrepreneur when the capital investment,
number of labour and annual income of the previous year are
inclusive as small and medium enterpriseare inconsistent withany of the specifications, re-registering within the permitted
period and returning the registration certificate;

16

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(d) keeping statisticsand records of own business in accord withthe stipulations and receiving inspection according to thenecessity;(e) having the right to submit the grievances to the agency
through the agency branch office;(f)having the right to connect with government and nongovernment technical research departments, and local andforeign organizations through the agency for energy
production and effective and efficient use of energy,
environmental conservation , the production of value-added
products and the use of machinery;(g) having the right to attend in local and foreign training courses,
workshops, lectures, exhibitions and competitions with thearrangement of the agency;(h) having the right to apply forobtaining financial assistance andother services from the government ministries, governmentorganizations and private organizations through the agency;(i)having the right to apply for enabling to obtain loans
according to the business plan for the development of small
and medium enterprises;(j)having the right to participate in the local and foreign businessnetworks with the arrangement of agency;
Chapter X

Formation of the Fund Management Body and Function and Duties thereof

19.
The Working Committee shall, with the approval of the Central
Committee, form Fund Management Body with the suitable persons inaccord with the stipulations. A member of the body who is designated by
the Central Committee shall perform as the chairperson.

17

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20.

The functionsand duties of the Fund Management Body are as

follows(a) calculating and submittingto the Working Committee for
estimating in annual budget allotment in order to provide loan
services with low interest for the purpose of the developmentof small and medium enterprises;(b) proposing a financial support to be enable to use for the
supporting activities of small and medium enterprises
development to the Central Committee through the Working
Committee;(c) establishing the small and medium enterprises development
fund with the assistance fund of the State, grant from local
and international financial institutions, donation from thedonors and the service fees received from the own services;(d) coordinating for the cooperation between the local and foreignorganizations desirous to make investment and the registeredsmall and medium enterprises in accord with the existinglaws;(e) arranging and recognizing for the direct access to finance ofregistered small and medium enterprises through the small
and medium enterprise development banks and concernedbanks after receiving a special loan with low interest specified
by the State, non-interest loan from internal and externalbanks, financial institutions and investment organizations,loan with low interest, any loan for the development of small
and medium enterprises;
18

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(f)

using the fund for the matters of the development of the small
and medium enterprises;(g) establishing theFinancial Information Unit to support for
obtaining the normal loan, low interest loan, non-interest loan
and grant aids not repayable tothe small and medium

enterprises;(h) coordinating with the credit guarantee companies andcorporations allowed by the Ministry of Finance in order toprotect the losses in borrowing money to small and medium
enterprises;
21.
The Fund Management Body shall carry out in consultation with
the Ministry of Finance and the Central Bank of Myanmar under thesupervision of the Working Committee for the effective implementationof the financial matters.
Chapter XI
One-stop Service System
22.
The respective Ministries shall conferred powers tothe officials tofunction, who have capacity to undertake one-stop service system bygiving authority to work jointly in the one-stop service team for thedevelopment of small and medium enterprises.
23.
The officials who are implementing the one-stop service systemshall cooperate with the agency branch offices.

Chapter XII
Collecting and Keeping the Information and Dissemination
24.
The agency shall, with respective departments and organizations tocarry out the collecting information, keeping records and using of such
19

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19

information as may be necessary related to the small and medium
enterprise, coordinate and cooperate the followings:(a) providing information on market, technology and investment
through the network systems and disseminating thorough themedia;(b) coordinating for the establishment of local and international
market advisory centers;(c) coordinating with the relevant departments to develop ecommerce system for the local and foreign buyers and sellers;

Chapter XIII
Human Resources Development and ProvidingTechnology
25.
The agency shall, with the relevant departments and organizations
to enhance the production capacity and competitiveness of the small andmedium enterprises coordinate the followings:(a) seeking and transferring appropriate technologies;(b) providing advice on production technology andtrainingswhich enable to the utilization of modern
machineries;(c) encouraging and cooperating for the establishment ofthelaboratories that will test the quality of the products;(d) exchangingtechnology between the local and foreign
departments, organizations and private organizations;(e) arranging the deserved reward

according to the businesscapacity in order to promote the innovation;
20

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(f)

providingnew technologiesachieved from the research resultsin order to produce from pilot stage to commercial
production;(g) undertaking the capacity building programme for the small
and medium entrepreneurs and supporting in the humanresource development activity;

Chapter XIV
Finding Market and Connection
26.

The agency shall, with the relevant departments and organizations

for market promotion of the small and medium enterprises, coordinate andcooperate the following:(a) encouraging the export priority business actions;(b) causing the awareness and familiar of the entrepreneurs on
principles and practices of the international markets;(c) supporting for market penetration and acquisition of market
shares;(d) enabling to reveal the standardization which can connect tothe international market, and arranging for easy and smooth
trade;(e) causing the awareness and familiar of the entrepreneurs on
customs andrelaxation;
21

trade producers, and to receive

appropriate

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Chapter XV
Coordinationon Taxation
27.

The agency shall, for the development of small and medium

enterprises and acquisition of competitiveness ability in accord with theguidance of the Working Committee, advice to the relevant departments
and organizations to undertake tax exemption and reliefs regarding thefollowings matters:(a) manufacturing ofadvanced new products through research;(b) operating small and medium enterprises which include in thelist of priority in the less economic developed areas;(c) undertaking the manufacturing of products by using byproducts and wastes;(d) undertaking the factory modification for energy production,effective and efficient use of energy, reutilization;(e) undertaking the rehabilitation of the small and medium
enterprises due to devastation of natural disaster.

Chapter XVISupporting Entrepreneurship and Business Start-up
28.

The agency shall, with relevant departments and organizations inorder to make more investment in the small and medium enterprises by

22

(၁၅)

၂၇။

ဌ
(

)

( )

( )

(ဃ)

( )
။
(၁၆)

၂၈။

22

entrepreneurs who undertake entrepreneurship in accord with the guidanceof the Working Committee, coordinate and cooperate the following:(a) giving tax relief;(b) leasing the land to establish factory or the place for businesswith reasonable rate;(c) establishing the business consultancy services, and advisingand resolving the difficulties;(d) assisting the establishment of joint-venture business.

Chapter XVIIRegistration
29.

The agency shall –(a) allow the small and medium enterprises to register if they areenable to present the relevant license, permit or registration
certificate;(b) allowto register, if the small and medium enterprises are notrequired to have license, permit or registered certificate when
consistent with the following:(1) not affecting the health of public who are residing in thesurrounding;(2) being minimum impact on the natural and socioeconomic environment and providing conservation work
complied with specification;

23

ဌ
(

)

( )

( )

(ဃ)
။
(၁၇)

၂၉။

(

)
။

( )
(၁)

(၂)

23

(3) being safety of fire.
(4) not affecting the safety of work site and health;30.

The small and medium enterprisesmaymake registration, withdraw

business license and apply for necessary recommendations at the relevant
one-stop service centre.
31.
The agency shall revoke the registration when one of the following
mattersoccurs:(a) returning of registration certificate by entrepreneur;(b) termination of business under the existing laws;(c) exceeding of limited three year period on changing businessstatus which beyond the definition of small and medium
enterprises;
Chapter XVIII
Miscellaneous
32.

The Central Committee shall in accord with this Law, succeed anddischarge the functions and duties of the Central Committee of Small andMedium Enterprises Development which was formed before enacting this
law.
33.

The Working Committee shall,in accord with this law, succeed anddischarge the functions and duties of the Working Committee of the Smalland Medium Enterprises Development which was formed before enacting
this law.
34.
In order to undertake the previsions contained in this law,theresponsible Ministry shall take responsible for the office works of theCentral Committee, the Working Committee, the Agency, FundManagement Body, Evaluation and Reporting Body, Agency Branch
offices and One-Stop Service Centre and shall bear the expenditures.
24

(၃)
(၄)

။

၃၀။

။
၃၁။
(

)

( )
( )
၃

။

(၁၈)

၃၂။

။
၃၃။

။
၃၄။

ဌ

။

24

35.
The responsible Ministry shall, with the approval of the Union
Government, specify the recompense and allowance of the members of theCentral Committee, the Working Committee, the Agency, the FundManagement Body and the Evaluation Reporting Body who are notgovernment officials.
36.
The term of service of the Union level personnel contained in thislaw are normally the same as the term of the President.
37.

In implementing the provisions contained in this law:(a) The responsible Ministry may issue the necessary rules,
regulations and by-laws with the approval of the Union
Government;(b) The Central Committee, the Working Committee, and the
responsible Ministry may issue the necessary notifications,orders, directives and procedures.
(c)

The Agency may issue the necessary orders and directives
with the approval of the Working Committee.

I hereby sign under the Constitution of the Republic of the Union of
Myanmar.

(Sd.) Thein Sein
President of the Union
Republic of the Union of Myanmar

25

၃၅။

ဌ
အအဂျင်စီ

။
၃၆။
။
၃၇။

(

)

ဌ

။
( )

ဌ

။
( )
။

။

( )

25

The Competition Law(The Pyidaungsu Hluttaw Law No9, 2015)
The 7th Waxing Day of Taboung, 1376 M.E(24 February, 2015)
The Pyidaungsu Hluttaw hereby enacts this Law.
Chapter I
Title, Enforcement and Definition
1.

( a )

This Law shall be called the Competition Law.

(b)This Law shall come into force from the date specified by the
President with notification.

2.

The expressions contained in this Law shall have the meanings given

hereunder:( a )State means the Republic of the Union of Myanmar.

(b)

Government means the Union Government of the Republic of theUnion of Myanmar.

( c )Commission means the Myanmar Competition Commission
formed under this Law.

(d)

Ministry means the ministry assigned duty by the Union
Government.

( e )Competition means business related competition carried out bybusinesses among the businessmen in the market throughcompetitive business activities to get more number of customers
who consume by purchasing their goods and services, market
share and market dominance.

( f )Competition Policy means policies laid down by the State to cause
direct effect on production, services, trade, investment and2businesses in order to emerge fair competition in the market andprotect the interests of the consumers from monopolization.
(g)

Act of Restraint on Competition means the act which reduces orhinders the competition among businesses in the market. In thisexpression, agreements of restraint on competition, taking chanceon the abuse of the dominant market position and monopolization
by any individual or group are also included.

(h)Unfair Competition means competitive practices by businesses
during the business process which cause or may cause damage tothe interests of the State or the legitimate rights and interests ofother businesses or of consumers.

( i )Business means any business, such as manufactures, distributions,purchases, sells, imports, exports and exchanges the goods, orservice.

( j )Businessman means the person who carries out any business orservice business. In this expression, an organization that operates
business or service is also included.

(k)Goods means materials that is traded or manufactured or
consumed for the purpose of this Law. In this expression,
debentures, stocks and shares are also included.

( l )Service means business that is carried out by fee or remunerationor consideration for the purpose of this Law. In this expression,businesses that are specified as service by the Government fromtime to time are also included.

3

(m)

Market means an area where commercial dealings are conducted
between persons desirous of selling and purchasing of goods andservices.

(n)Market-share means the percentage or ratio of the sales or services
provided by the businessman out of the total sale volume of themarket.

(o)Price means the amount specified in the sale of goods or services.

(p)

Committee means other committees including the Investigation
Committee formed by the Commission in order to carry out thefunctions and duties of the Commission.

(q)

Working group means the working group formed by thecommittee in order to carry out functions and duties relating tocompetition.
Chapter II
Objective

3.

The objectives of this Law are as follows:( a ) to protect and prevent acts that injure of public interests throughmonopolization or manipulation of prices by any individual orgroup with intent to endanger fair competition in economic
activities, for the purpose of development of the national economy;( b ) to be able to control unfair market competition on the internal andexternal trade and economic development;( c )to be able to prevent from abuse of dominant market power;( d ) to be able to control the restrictive agreements and arrangements
among businesses.

4

Chapter III
Basic Principles
4.

The basic principles of competition are as follows:( a )ensuring to lead to the economic developed community in the
Region and State by creating free and fair competition
environment in the market;(b)ensuring the businesses to uniform development and enjoy
equally rights through encouragement of fair competition in themarket;( c )enabling to protect from the detriment to the interests of the pubic
by manipulation of price;(d)ensuring to emerge free and fair competition in each area of
business;( e )ensuring to emerge economic community where it can carry out
freely for international, regional and bilateral goods, services,
investment, skilled labour and free flow of capital and tocooperate in competition network;( f )implementing in the market in accordance with the competition
policy;(g)encouraging the innovative capability by protecting intellectual
property rights of investors, inventors and producers.
Chapter IV
Formation of the Commission

5.

The Government:( a )shall form the Myanmar Competition Commission comprising ofan appropriate person of Union level as a Chairman, professionals

5and suitable persons from the relevant Union Ministries,
government departments, government organizations and nongovernmental organizations as members.
(b)shall, in forming the Commission, designate Vice-chairman and
Secretary out of the members and assign duty.

( c )may reform the Commission formed under sub-section (a) as
may be necessary.

6.

The Commission members who are not civil service personnel are entitledto enjoy the salary, allowance and emolument allowed by the Ministry.
7.

The Commission may independently administer and carry out its

functions and duties in accordance with the economic policies laid down by theState.
Chapter VPowers and Duties of the Commission
8.

The powers and duties of the Commission are as follows:( a )cooperating and coordinating

withinternational, regionalorganizations or bilateral countries on competition matters;(b)exempting from the compliance of this Law to businesses
essential for the benefit of the State and small and medium
enterprises, if necessary;( c )forming committees and working groups according to thenecessity and specifying functions and duties thereof;(d)making decision on the matters submitted by the committees andworking groups;

6

( e )

specifying necessary forms, procedures and terms and conditionsof application in order to obtain permission to cooperatebusinesses or to restrain competition;( f )specifying market share, supply, amount of capital, number ofshare and magnitude of owned property relating to business
which can cause detriment to competition due to dominance,purchase, acquisition or merger among businesses of full or
partial ownership of a business by another business;(g)

specifying and determining market share, supply, amount of
capital, number of share and magnitude of owned property
relating to business which is assumed as monopolization by theCommission;(h)directing to a business or a group of businesses to reduce thespecified magnitude of market share if the ownership of market
share of such business or group of businesses exceeds or isassumed by the Commission to be exceeding, the stipulated
magnitude that can cause detriment to competition in the market;( i )prohibiting by issuing notification of restriction on market shareand sale promotion of any businessman who might monopolize
assumed by the Commission;( j )assigning duty to investigate if the Commission suspects that
there is a violation of any prohibitions contained in this Law or if
a concrete complaint has received;(k)calling for necessary evidence and data related to competition
from any businessman;

7

( l )

calling and inquiring persons concerned to make necessaryinquires relating to competition;(m)inviting and discussing with professionals and experts in accord
with the requirement to provide data, explanation, suggestions or
opinions relating to competition;(n)seizing the necessary evidence and properties in accord with thestipulations as exhibits to inspect case by case, and passing
permission order or refusing to return such evidence or property
on bond or revoking the permission;(o)scrutinizing report on findings submitted by the Investigation
Committee and directing to prosecute if necessary;(p)arranging to grant an accomplice a pardon with conditions if suchaccomplice testifies without any concealment before the Court
that he has involved in committing the crime;(q)

submitting advice to the Government through the Ministry inrespect of matters relating to competition;( r )performing the duties relating to competition assigned by theGovernment from time to time.

9.

The Commission shall report on accomplishment of its performance andsituation of development to the Government quarterly.
10.

The Commission shall submit its performance urgently if extraordinary

situation arises.
Chapter VI
Formation of the Investigation Committee and Functions and Duties thereof
11.

The Commission:

8

( a )

shall form the Investigation Committee comprising minimum of
five members to maximum of nine members. It shall be assigned
as Chairman of the Committee to a suitable person among them.

(b)in forming under sub-section (a), the Committee members shallbe the persons

who have experience and knowledgeineconomics, subject, legal subject, commercial subject and otherrespective subjects.
( c )in forming under sub-section (a), the Investigation Committee
members shall not be a person who involved directly or indirectlyin the business matters which shall be investigated.

(d)

may reform the Investigation Committee formed undersub-section (a),as may be necessary.
12.

The functions and duties of Investigation Committee are as follows:( a )calling and examining for necessary evidence, document,
financial evidence and concrete statement of reasons and callingand inquiring necessary witnesses for investigation matters;(b)in performing the matters contained in sub-section (a),submitting
to the respective departments and organizations through theCommission for enabling to take an action if it fails to comply
without concrete reason;( c )entering , inspecting and searching, in accordance with Law, thebuilding , land and workplace of any businessman or person
being investigated or any other person who seems to be involvedin connection with them;(d)submitting report on findings of investigation and for enabling
to take necessary action under this Law to the Commission;

9

( e )

forming necessary working groups and specifying functions andduties thereof;( f )receiving and vetting reports on findings ofinvestigation byworking groups.
Chapter VII
Act of Restraint on Competition
13.

No person shall carry out any of the following acts which cause act ofrestraint on competition:( a )fixing the price directly or indirectly in purchase price or selling
price or other commercial situation;(b)making agreement on restraint on competition in the market;( c )abusing by taking chance on the situation of dominance in therelevant market;(d)conducting restraint on market by individual or organization;( e )restraining andpreventing to share market or resources

provision;( f )restraining or controlling on

production, market acquisition,technology and development of technology and investment;(g)
14.

collusion in tendering or auctioning;

The Commission may, by specifying a certain period, exempt in respectof agreement on restraint on competition which intends to lessen the expense of
consumers if it is inclusive in any of the following matters;( a )reforming formation and type of any business to improve thecapability of business;(b)

upgrading of technology and technology level in order to improve
the quality of goods and services;

10

( c )

ensuring to be uniform development of technological standards
and quality level of different products;(d)ensuring to be uniform in the matters of carrying out business,
distribution of goods and payment not concerned with price orfacts related to price;( e )ensuring to raise competitiveness of small and medium
enterprises;( f )ensuring to raise competitiveness of Myanmar businesses in theinternational market.
Chapter VIII
Monopolization on Market in Competition

15.

No businessman shall carry out any of the following acts which causemonopolization on market:( a )controlling on purchase price or selling price of goods or fees ofservices;(b)

restraining services or production or restricting of opportunities
in purchase and sale of goods or specifying compulsory terms
and conditions directly or indirectly for other businessmen, for the
purpose of price controlling;( c )suspending or reducing or restraining services, production,purchasing,

distribution, transfer

or import

withoutany

appropriate reasons or destroying or causing damage the goods toreduce the quality in order to lessen under the demand;(d)controlling and restraining the area where goods or services aretraded in order not to enter other businessmen into the market andto control market share;

11

( e )

interfering in carrying out business of other person without
fairness.

16.

The businessman may, with the permission of the Commission in order tohave an effect on the maintenance of the situation of another business orcreation of a new business, perform any of the following matters;( a )cooperating with producer, distributor and provider of any otherbusiness;(b)purchasing in full or in part of owned properties or shares of any
other business.
Chapter IX
Unfair Competition

17.

The acts for the purposes of unfair competition under this law include as

follows;( a )misleading of consumers;(b)disclosing business secrets;( c )coercing of businessmen to each other;(d)defaming of the reputation of another business;( e )disturbing the operation of another business;( f )advertising and sale promotion for the purpose of unfair
competition;(g)discriminating among businessmen;(h)selling goods at price lesser than production cost or cost,
insurance and freight (CIF) in the market;( i )abusing influence of his business, inducing or instigating of aparty under contract with other businesses to breach the contract;

12

( j )

exercising unfair competitive act in competition stipulated by theCommission for the interests of consumers when necessary.

18.

No businessman shall carry out any of the following acts which mislead

the consumers:( a )carrying out with intention to compete with the use of deceptive
information which mislead the legally registered name of goods,
business slogan, logo, packaging, geographical indication andother elements.

(b)carrying out business such as production of goods and services byusing the information contained in sub-section (a).

19.

No businessman shall, in respect of disclosing secrets of any otherbusiness, carry out any of the following acts;( a )infringing security measures protected by the lawful owners ofbusiness secrets in accessing and collecting of business secrets
and information related to such secret;(b)using or revealing information of business secret without
permission of lawful owner of such business;( c )deceiving a person with an obligation to maintain secrets orabusing the confidence of such person in accessing, collecting,collecting or revealing of business secrets and information related
to such secrets;(d)leaking business secrets and procedures of products distribution
owned by other persons who conduct systematically inaccordance with the Law;

13

( e )

leaking economic information by infringing security measures
exercised by the State-owned organization;( f )carrying out business activities or applying business licence or
distributing goods by using information contained in subsection(e).

20.

No businessman shall coerce consumers or partners of other business bythreatening or compelling them not to transact or to cease the transaction withsuch business.
21.

No businessman shall broadcast false information directly or indirectly inorder to damage the reputation, financial situation or business operation of otherbusinesses.
22.

No businessman shall obstruct or disrupt other businesses directly or

indirectly.
23.

No businessman shall, for the purpose of unfair competition, carry out

any of the following advertising acts:( a )comparing directly goods or services of a business with those of
the same type of other business;(b)

misleading customers by imitative advertising of the goods ofothers;( c )broadcasting false or misleading information to the customers on
one of the following matters;(1)

price,

quantity,

quality,utility,designs,varieties,

packagings, date of manufacture, durability, origin,
manufactures, place of manufacture, processors or placeof processing;(2)

usage, service,warranty period;

14

(3)
(d)
24.

other false or misleading information;other advertising activities prohibited by any existing Law.

No businessman shall carry out any of the following acts which cause

unfair competition;( a )organizing a sale promotion with intend to mislead;(b)discriminating among customers in the same promotional
campaign;( c )exercising other promotional ways prohibited by any existing
Law.

25.

No businessman shall carry out any of the following acts which causes

discrimination:( a )causing obstruction in competition by refusing of permission tojoin his organization or to leave a business although it meets the
specified qualifications;(b)

restricting objectives and activities of a business involving inbusiness organization without concrete reasons.

26.

No businessman shall sell his goods competitively in the market at pricelesser than production cost of such goods or at price lesser than cost, insurance
and freight (CIF) if it is imported goods in order to lessen competitiveness ofother businesses.
27.

No businessman shall, by abusing influence in the market, carry out anyof the following acts;( a )selling the goods or providing services at price lesser than
production cost or cost, insurance and freight (CIF) in order tocause competitors to leave the market;

15

(b)

causing to the detriment of consumers by sale or purchase thegoods or services at unreasonable price to market price or by
fixing sale price for retailers;( c )controlling the production, distribution of goods and providing
services; restraining the market; obstructing the development ofscience and technology; and causing the detriment of consumers;(d)laying down non-uniform commercial terms and conditions
within the same market in order to cause unfair competition;( e )laying down unfair terms and conditions upon other businesses inconcluding contracts regarding goods and services or coercing toaccept obligations which are not related directly to such contracts;( f )preventing entering of new competitiors into market by unfair
means;(g)refusing or allowing discriminately the use of main infrastructuresor rare resources owned or utilized by oneself in order to prevent
entry of new competitiors into the market.

28.

No businessman shall persuade or induce a person or a business who has

concluded a contract with other businesses to breach such contract before theexpiry of contract term.
29.

No businessman shall import goods into market through unfair means andsell such goods at price lesser than market price.
Chapter X
Collaboration among Business30.

In collaboration among business the following acts are included:( a )merger of businesses;(b)

consolidation of businesses;

16

( c )

purchasing or acquisition of other business by a business;(d)joint-venture of businesses;( e )performing other means of collaboration among businesses
specified by the Commission.

31.

No businessman shall, in performing the acts contained in section 30,

collaborate which enable to cause the following situations;( a )collaboration intends to raise extremely

the dominance overmarket within a certain period;(b)collaboration intends to decrease competition for acquiring themarket which is a sole or minority of businesses.

32.

No collaboration of business shall be carried out if the combined market

share of business collaboration is exceeded to the market share specified by theCommission.
33.

Any prohibited collaboration of business or prohibition under section 31

may be exempted in the following circumstances;( a )where the business, after collaboration as per section 30 is still inthe size of small and medium enterprise specified under any
existing law;(b)

where one or more of businesses involved in businesscollaboration is or are at the risk of being collapsed or of
becoming bankrupt;( c )where collaboration among businesses is in the circumstance that
effect on the promotion of export or in the circumstance that
supports the development of technique and technology or that
establishes entrepreneurial business.

17

Chapter XI
Taking Administrative Action and Appeal
34.

The Committee may take the following one action or more than one

action upon a businessman who violates the orders, directives and proceduresissued under this Law:( a )warning;(b)

imposing specified fine;( c )coordinating with relevant Ministries to close the operation ofbusiness temporarily or permanently.

35.

Any person who dissatisfies the order or decision passed by theCommittee may appeal to the Commission within 60 days from the receiving
date of such order or decision.
36.

( a )

The Commission may confirm, amend or cancel the decision of
the Committee when it is appealed under section 35.

(b)

The decision of the Commission under sub-section (a) shall befinal and conclusive.

37.

In default of payment of fine specified under sub-section (b) of section

34, it shall be collected as arrears of income tax.
38.

The administrative action passed under this Law shall not prohibit taking

criminal action or civil action.
Chapter XII
Offences and Penalties
39.

Any person who violates the prohibition contained in section 13 shall,onconviction,be punished with imprisonment for a term not exceeding three years
or with a fine not exceeding one hundred and fifty lakhs Kyat or with both.

18

40.

Any businessman who violates the prohibitions contained in section 23,

section 24 or section 29 shall, on conviction, be punished with imprisonment fora term not exceeding three years or with fine not exceeding Kyat one hundredand fifty lakhs or with both.
41.

Any person who violates the prohibitions contained in section 15, section

19, section 22, section 26, section 27, section 31 or section 32 shall, on
conviction, be punished with imprisonment for a term not exceeding two years
or with fine not exceeding Kyat one hundred lakhs or with both.
42.

Any person who violates the prohibitions contained in section 18, section

20, section 21, section 25 or section 28 shall, on conviction, be punished withimprisonment for a term not exceeding one year or with fine not exceeding Kyat
fifty lakhs or with both.
43.

Any person who fails without any concrete reason to apply to the requestof the Investigation Committee to submit any evidence, document or financial
evidence or to appear for the examination as witness for investigation under thisLaw shall be punished, on conviction, with imprisonment for a term notexceeding three months or with fine not exceeding Kyat one hundred thousand.
44.

Notwithstanding contained in any existing law, the matters related to any

provision contained in this law regarding competition shall be carried out by this
Law.
Chapter XIII
Miscellaneous
45.

Commission shall hold the meetings in accord with the stipulations.

46.

Any member of the Commission who is not a Civil Service Personnel or

Investigation Committee shall be deemed as public servant defined in section 21of the Penal Code when performing the duties contained in this Law.

19

47.

In prosecuting under this Law, prior sanction of the Commission shall beobtained.
48.

The Ministry may appoint and assign a suitable officer as a collector tocollect the specified fine contained in sub-section (b) of section 34.
49.

If a person prosecuted is a business organization under this Law, theresponsible person of such organization shall be prosecuted together with suchbusiness organization if he is unable to prove that the offence is committed
without his knowledge or with due diligence to prevent the offence and such
responsible person shall be deemed as jointly guilty for such offence if suchorganization is convicted.
50.

The offences contained in this Law are determined as the cognizableoffences.
51.

An aggrieved person may also sue any person being convicted in civil

action for his loss under this law.
52.

The Commission may coordinate with respective Courts and Law Officesin accord with the existing laws to grant a pardon to a person as a leniency who
discloses that he participated in violation of section 13.
53.

When granting leniency by the respective Court, the different leniency

may be granted depending upon the cooperation time and cooperation conditionof any businessman.
54.

The Ministry shall:( a )take responsibility for the office work of the Commission,Committees and the Working Groups;(b)bear the expenses of the Commission, Committees and working
groups.

20

55.

Any member of the Commission or of the Investigation Committee or of

the Working Group or a Civil Service Personnel shall not be sued in criminal orcivil action or by any other means if it is a concrete evidence that he or she
exercises the power conferred under this Law in good faith.
56.

In implementing the provisions contained in this Law:
( a )the Ministry may issue necessary rules,regulations and by-laws
with the approval of the Government.

(b)

the Commission may issue necessary notifications, orders,
directives and procedures and the Committee may issue necessaryorders and directives.
-----------------------------------------------------------------

I hereby sign under the Constitution of the Republic of the Union of Myanmar.

Sd/ Thein Sein
President
Republic of the Union of Myanmarconfidential
1
The Government of the Republic of the Union of Myanmar
The Ministry of National Planning and Economic Development
Notification No. (1 / 2015)
The 12th Waxing of Wagaung, 1377 M.E.
(27th August, 2015)
In exercise of the power conferred under sub-section (a) of section 95 of
the Myanmar Special Economic Zone Law, the Ministry of National Planningand Economic Development hereby issues these rules with the approval of theUnion Government:

Chapter I
Title and Definition
1.

These rules shall be called the Myanmar Special Economic Zone Rules.

2.

The expressions contained in these rules shall have the same meaning asprescribed in the Myanmar Special Economic Zone Law. Moreover, the following
expressions shall have the meanings given hereunder:(a)

Law means the Myanmar Special Economic Zone Law, 2014;(b)

Authorized Operations means operations relating to businesses forthe establishment of the Special Economic Zone, construction
business for the development of infrastructure within the Special
Economic Zone and operations of their businesses or businesses
relating to the repair and maintenance works within the Special
Economic Zone permitted by the Management Committee;(c)Business means the investment

business operated in the Special

Economic Zone with permission of the Management Committee;
confidentialconfidential
2(d)Capital

Goods

means

any

plant,

machinery,equipmentoraccessories required for manufacturing or production of goods, either
directly or indirectly, in which either goods or services are included,
such as, construction works for the development of the Special
Economic Zone, replacement, modernization, technological upgrade
or expansion, change of materials, packaging machinery andequipment, machinery and instruments for testing and research;(e)

One Stop Service Centre (OSSC) means a centre which is formed by
the Management Committee of the Special Economic Zone with therelevant departments to issue permits for investment within theSpecial Economic Zone, to carry out registration of company,
issuance of entry visa relating to business, issuance of certificate oforigin, tax collection process, issuance of work permit andpermission for construction of factory and issuance of licenses andpermits forother investment and business within the Special

Economic Zone. ;(f)

Proposal means an application submitted by an investor or adeveloper to the Management Committee of the Special Economic
Zone to get the permit for an intended investment;(g)

Domestic Tariff Area means internal taxation area of the Republicof the Union of Myanmar;(h)Authorized Customs Officers means the customs officer attached to
the One Stop Service Centre (OSSC) of the Special Economic Zone.

(i)

Specified Customs Officer means the Head of Authorized Customs
Officers who are attached to the One Stop Service Center of theSpecial Economic Zone;
confidentialconfidential
3(j)

Raw Material means required materials which are used for the
production of goods, in the form of, natural or

unprepared or

unrefined. Furthermore, materials or goods which are required to
produce finished goods, required finished goods or semi-finished goods
to produce value-added products and packaging materials in which
unprepared or natural or raw materials ready to product and use areincluded;(k)Foreign Entrepreneur means a person who resides out of the
Republic of the Union of Myanmar, doing investment business andbusinesses relating to thereof in the Special Economic Zone. In thisexpression, a company incorporated outside of the Republic of theUnion of Myanmar is also included;(l)Authorized Representative means a person authoritized by theinvestor or the developer with an official letter to carry the goods
necessary for a business in Special Economic Zone, to clear thecustom, to reexport and to carry out similar businesses;(m)

Goods Supplier means a person who supplies raw materials, semiproduct, finished products and technology which are required forservices or products with or without fees for any business which isin the Special Economic Zone or in the domestic tariff area or inabroad;(n)Permit means an official permission letter issued by the Management
Committee to an investor or a developer to operate businesses in theSpecial Economic Zone;(o)

Myanmar Automated Cargo Clearance System (MACCS) means aclearance system for export, import customs procedures by using
confidentialconfidential
4
information technology system and its relevant departmentalorganizations;(p)

Combined Container Load means a container in which goods
from different owners are placed in it. In this expression, thegoods that are not exported with the container are included;(q)Form means the form stipulated in o these rules.

Chapter II
Formation of the Management Committee and carrying out theactivities
3.

The Central Body shall form a Management Committee for the Special

Economic Zone within thirty days from the date of approval for the establishmentof the relevant Special Economic Zone

in accordance with section 9 of the

Myanmar Special Economic Zone Law.
4.

The Central Body may assign duties to the assigned person in theManagement Committee, without limitation of the terms based on his skill andrequirement.
5.

The members of Management Committee who are not government servant

are entitled to enjoy expenses and remuneration allowed by the Management
Committee. The relevant Management Committee may, as necessary, charge theservice fees for its services, including issuance of a permit from the Developers
and Investors or Promoters.

Chapter III

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5

Convening the Meetings of Central Body, Central Working Body
and Management Committee
6.

The meeting of the Central Body shall be convened at least twice a year.

7.

The quorum ofmeeting shall be valid, if more than half of the members of

the Central Body are present.
8.

The Central Body shall make decisions with the approval of more thanhalf of the members who are present at the meeting. The decision shall not be
objected, denied or amended by the members of the Central Body who are notpresent at the meeting.
9.

The Central Body may, if necessary, invite the relevant Ministry, theUnion Minister or the Deputy Minister, the technical experts and other essential
persons to the meeting.
10.

The meeting of the Central Working Body shall be convened at least

quarterly. .
11.

The chairman of the Central Working Body shall act as a chairman of themeeting. The vice-chairman shall chair the meeting when the chairman is notavailable. In the absence of chairman or vice-chairman, the meeting shall not be
convened.
12.

The quorum of meeting shall be valid, if more than half of the members of

the Central Working Body are present.
13. The Central Working Body shall make decisions by the approval of morethan half of the members who have attended the Central Working Body meeting.
The decision shall not be objected, denied or amended by the members who are
not present at the meeting.
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6
14.

The Central Working Body may, if necessary, invite the relevant Ministry,

the Union Minister or the Deputy Minister, the technical experts and otheressential persons to the meeting.
15.

The Management Committee shall convene the meetings at least twice amonth.
16.

The chairman of the Management Committee shall act as a Chairman of

the meeting. The Vice-Chairman shall chair the meeting when the Chairman is
not available. In the absence of Chairman and Vice-Chairman, Secretary shallchair the meeting.
17.

The quorum of the meeting shall be valid, if

more thanhalf of the

The Management Committee shall make decisions by theapproval ofmembers of the Management Committee are present.,.
18.

more than half of the members who have attended the Management Committee
meeting. The decision shall not be objected, denied or amended by theManagement Committee members who are not present at the meeting.
19.

The Management Committee may, if necessary, invite the head of

department of the relevant Ministry, the technical experts and other essential
persons to the meeting.

Chapter IV
One Stop Service Centre (OSSC)
20.

The relevant Management Committee shall form One Stop Service Center(OSSC) with the officials from the following government departments, andgovernment organizations:(a)Customs Department;
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7(b)

Department of Commerce and Consumer Affairs;(c)Directorate of Investment and Company Administration (DICA) or
department or organization which is responsible for incorporation
and affairs of company;;(d)Internal Revenue Department;(e)Labour Department;(f)

Department of Immigration and National Registration;(g)

Any relevant department of the Ministry of Industry;(h)

Any relevant department of the Ministry of Construction;(i)

Department of Food and Drugs Administration (FDA);(j)

Any relevant department of the Ministry of Electric Power;(k)

Any other organization as the Management Committee may think fit
relating to the requirement of business activities.

21.

One Stop Service Center (OSSC) shall be administered and supervised by

the Management Committee and it shall jointly be opened at the office of therelevant Management Committee.
22.

The representatives from the relevant Ministries who are appointed at One

Stop Service Center (OSSC) shall issue the required license permits andpermission to Developers and Investors without getting any approvals andrecommendations from the relevant Ministries. Those representatives shall befully authorized by the respective Ministries for making decisions and signing toissue the relevant license and permit.
23.

One Stop Service Center (OSSC) shall carry out the followings inaccordance with the guidance of the relevant Management
Committee in order to provide the Investors with the smooth andconfidentialconfidential
8comprehensive administrative services(a)issuanceoftherequired permit, license and permission to do the businesses within
the Special Economic Zone;(b)

carrying out for registration of company and activities relating to it;(c)issuance of entry visa and residency for foreigners and theiraccompanying families;(d)issuance of permit and license for exports and imports;(e)issuance of certificate of origin;(f)carrying out tax collection and related matters;(g)carrying out matters relating to labor and worker registration;(h)issuance of permit to construct the factory and carryingout for industrial registration;(i)

issuance of the permit for the construction of a building, factory andother constructions;(j)controlling and preservation not to demage the environment ;(k)issuance of work permit for foreign workers;(l)inspection and issuance of certificates for food and drug safety andprevention of Contagious Diseases;(m)

drawback claims of customs duties and other taxes;(n)customs clearance for exports and imports, including Post Clearance
Audit;(o)Issuance of any other permit, license and permission required for theinvestment and businesses of the developers and the investors in theSpecial Economic Zone with the cooperation of the relevantManagement Committee.
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Chapter V
Establishment of Special Economic Zone
24.

(a)

The selected developer shall submit a detailed development project
for the establishment of a Special Economic Zone with FORM-A to
the Management Committee within 6 months from the date of
nomination.

(b)

The Management Committee shall submit the detailed project
proposal for the establishment of a Special Economic Zone to theCentral Working Body within 15 days from the date of receipt fromthe developer.

(c)

The Central Working Body shall check and submit the project
proposal to the Central Body within thirty days from the date ofsubmission of the Management Committee;(d)

The Central Body shall decide whether it approves or denies suchdevelopment project within thirty days from the date of submission
by the Central Working Body.

25.

The Management Committee shall issue permit with FORM-B to theselected Developer, together with stipulated conditions, after the Central Body
had approved the selection.
26.

If the selection has been done more than one individual developer to carry out

the development of the Special Economic Zone, each selected developer shall carryout for the development of each designated part of the Special Economic Zone.
27.

The developer shallperform its best efforts in the development works inthe time limited by the Management Committee.

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1028.

In issuing the permit to the Developer according to these rules, the relevantManagement Committee may allow the type of business by the approved
procedures to begin the business.
29.

The developer shall apply to the Management Committee for the extensionof the permitted period of the business with FORM-C. The Management
Committee shall scrutinize as may be necessary and give the extension, if it isfound that it is appropriate to extend, within 15 days from the date of receipt ofapplication prescribed the period of it. . The permit shall be informed andrecorded to the nearest Central Working Committee meeting.
30.

The developer shall submit a quarterly report with FORM-D to theManagement Committee about the progress of development of the Special
Economic Zone.

Chapter VI
Demarcation of Zone in the Special Economic Zone
31.

Export-oriented manufacturing businesses shall be allocated as a priority in a

Free Zone. Supporting industries supplying directly to the export-oriented
manufacturers may also be allocated in the Free Zone or Free Zone Activity may be
defined.
32.

The Management Committee may separately allow \ the suitable service

industries among the service businesses prescribed in the rule 54 to be allocatedin the Free Zone or Free Zone Activity may seperately be defined. .
33.

The developer shall fence a Free Zone with the minimum height of two

hundred and forty centimeter together with the minimum height of sixty
centimeter barbed wire fencing on top of the wall or as separately specified by
the Customs Department.
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34.

An entry and an exit of Free Zone in above rule 33, shall be placed be as

designated by the Customs Department and be fully monitored by the customs
officers who are attached to the One Stop Service Center (OSSC) of the relevant
Special Economic Zone.
35.

Only the persons authorized by the Management Committee shall enter

into the Free Zone prescribed in rule 33.
36.

The Management Committee shall not allow any retail business andservices business to situate in Free Zone ,except some services which are, as
required, allowed to provide to the investors in the Free Zone prescribed in rule
33.
37.

The Management Committee may allow any other manufacturing Businessbased on domestic market, within the Promotion Zone.
38.

If there is no demarcation of the Free Zone and Promotion Zone in theSpecial Economic Zone, then the other businesses except Free Zone Activites
shall be deemed as the businesses within the Promotion Zone.

Chapter VII
Boundary Demarcation and Land Use
39.

An establishment of the Special Economic Zone shall have a contiguous

area of at least one thousand hectares, but not exceeding twenty thousand- five
hundred hectares.
40.

The developer or the investor shall apply the permission to rent or use theland required for the development of the Special Economic Zone to the relevantManagement Committee.
41.

The Developer shall not have the right to sell the land in the Special

Economic Zone.
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1242.

The Developer shall give the right to use land to the Investors who havethe permit.
43.

The Developer or the Investor shall have the right to sublease the land

which they are entitled to lease or use in accordance with the prescribed terms
and conditions of the Land Lease Agreement.
44.

The Developer shall transfer the land in terms of sub-lease or any otherway only to a person or an entity holding a valid permission issued by theManagement Committee.
45.

The Developer or Investor may sell, mortgage, lease, exchange and givethe right to use land to the other party within the permitted period. In this regard:(a)the Developer shall obtain approval of the Central Body with theform specified by the Management Committee;(b)

the Investor shall obtain the permit of the Management Committee.

46. The vacant land within the Promotion Zone, which has no infrastructure,such as, roads in the zone, water supply, electricity supply, etc., shall not beleased to any other person for either business or social purposes such as schools,
hospitals, hotels, recreation and entertainment related residential and businesscomplexes. Provided that the development of this area conducted by a SubDeveloper which is a partner or contractor of the Developer selected throughtender by the Developer shall not be applied with this restriction.

Chapter VIII
Submission of Proposal
47.

An investor or promoter who wants to obtain the investment permit within

the Special Economic Zone shall directly apply withconfidential

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13
FORM-E to the relevant Management Committee of Special Economic Zone.
FORM-E shall be submitted together with the detailed data and information of
the followings:(a)Lay out plan of land and industrial area in the Special Economic
Zone;

(b)

water supply system;(c)electricity installation system;(d)building construction plan;(e)mechanical and machinery installation plan;(f)environmental conservation plan;(g)detailed investment proposal of the investment business;(h)other requirements.

Chapter IX
Issuance of Permit
48.

The Management Committee shall:(a)decide to permit or permit with remarks or reject the proposal within
thirty days from the date of receipt of the investment proposal
together with the required documents and facts prescribed in the
Myanmar Special Economic Zone Law and the Myanmar Special
Economic Zone Rules;(b)

inform in writing with the reason to the applicant when the proposal
is permitted with remarks or rejected ..

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49.

The decision of the Management Committee in respect of the issuance ofpermit shall be final and conclusive.
50.

If the proposal is permitted, the Management Committee shall issue thepermit with FORM-F. The permit shall include the terms and conditions
stipulated by the Management Committee with regard to trading, warehousing,selling of the goods to be produced and product within the Domestic Tariff Area.
51.

The Management Committee may allow doing the following businesswithin the Special Economic Zone:(a)other businesses except the restricted businesses;(b)trading goods after storage to distribute in accordance with the
instruction of the cargo owner with or without trademarks by theaccountability of the overseas supplier, packaging and repackagingof the goods without producing;(c)importation and storage of goods which must be refrigerated;(d)complete Knock-Down and Semi Knock-Down by importing thematerials or semi fitted materials according to the production
procedure.

52.

The following Businesses shall not be allowed in the Special Economic

Zone:
(a)

manufacturing and fixation business of arms, weapons andexplosives, and services rendering for military purposes;(b)production, packaging and services business hazardous to theenvironment and ecosystem;(c)the waste management services to abroad;confidentialconfidential
15(d)production and packaging of psychotropic substances andnarcotic drugs;(e)importingor

production

chemicals, other goods

andpackagingofpoisonous

including hazardous radioactive

substances and agricultural pesticide and insecticide which areprohibited by International Regulations or the World HealthOrganization, which affect the public health and environment;(f)business utilizing the industrial wastes imported from abroad;(g)

production and packaging business of prohibited substances
which may destroy ozone layer;(h)production, packaging and sale of goods which are made ofasbestos;(i)

production and packaging of polluted substances hazardous to
the public health and environment.

53.

The proposed businesses which implicate the following facts shall not beallowed: :(areuse of plastic or solid wastes which are not complied with theinternational standards of recycling and waste management systems;(b)reuse of used clothing and garments or used clothing, used textiles
materials and garments, industrial wipers, shoddy wool, yarn,
blankets and shawls;(c)repairing or renovating to be used in local

after imported usedmaterials;(d)exportation and importation of chemicals, organisms,

materials,

industrial machinery and technology which are inconsistant with theprovisions in the existing Laws, rules and regulationsof the Union;
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Chapter X
Types of Conductible Investment Businesses and Requirements
54.

The following investment businesses may be carried out in the Special

Economic Zone:(a)

trading;(b)

infrastructure development business, including real estate, hotel andsales centre;(c)technology and design;(d)warehousing and logistics services;(e)research and development services;(f)computer software programming services;(g)

information services such as venues for business meeting andconferences, information and data processing portal, human resource
services, insurance claiming service, data portal for legal facts,
medical records, records of financial transactions, remote control
service, tax and revenue records, supporting/techanical assistancecentres, websites service, computer effects and graphic designs;(h)distribution service including wholesales and retail;(i)financial service;(j)professional service except legal service and accounting service;(k)

servcies for short term and long term lease;(l)other services including consultancy service;(m)construction and other related services;(n)

education services;confidentialconfidential
17

55.

(o)

services relating to environmental conservation;(p)hospital and health services;(q)

tourism and other related services;(r)

recreation and entertainment services;(s)

culture and sports services;(t)transportation and related services.

In order to obtain the permit from the Management Committee, theinvestor shall:(a) conclude the land lease or land use agreement when the approval ofManagement Committee and written approval for land use to invest
from the developer are received;;(b) send a copy of land leaseagreement to the Management Committee, within six months
after receiving the permit. The Management Committee may
revoke the permit when the investor fails to do so;(c)perform in accordance with the standards of environmental
conservation and control of air pollution if it is required;(d)submit the evidence of residency in the country, passport and otherrequired documents of directors of his comapany or persons fromthe business partner organizations to the Management Committee;(e)submit the tax clearance certificate issued by the relevant department
or auditted balance sheet for last three following years of thecompany.

56.

In respect of service businesses to the overseas enterprises:

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18(a)the foreign enterprises shall supply free of charge for raw materials,
including capital goods, consumer goods, semi-processed goods,
spare parts, and semi-finished goods;(b)businesses may establish with the loan system or lease system for thecapital goods;(c)the foreign entrepreneur may carry out and instruct in accordancewith requirement for the importation of finished products ortransfered the products to the bonded warehouse before customs
clerance has been done;(d)the business has right to receive the convertible foreign currency
from the organizations in abroad for the production of their products;(e)the business shall keep the personal account and separate accounts
for production and services.

57.

The Investor shall fulfill the following requirements in order to obtain thepermit from the Management Committee for the investment in the Special
Economic Zone.
(a)manufacturing Business in a Free Zone or manufacturing Free Zone
Activity shall export at least seventy-five

percentof the total

production to the foreign country. The required minimum paid up
capital should be equivalent to seven hundred and fifty thousand
United States Dollars;;(b)a supporting Free Zone Activity shall supply at least 80 percentof thetotal production to the exporting businesses. The required minimum
paid up capital should be equivalent to three hundred United States
Dollars;

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19(c)services which related with export including trading business andsupplying business within the free zone shall have minimum paid-up
capital equivalent to fifty hundred United States Dollars ;(d)the International trade exhibition center within a Free Zone shallhave minimum paid up capital equivalent to ten million UnitedStates Dollars;(e)manufacturing industries

within a Promotion Zone

shall haveminimum paid up capital equivalent to three hundred United States
Dollars;(f)

service industries

within a Promotion Zone shall have minimum

paid up capital equivalent to three hundred United States Dollars;(g)business for real estate development

within a Promotion

Zone, including shopping malls, condominiums, residences, etc.
shall have minimum paid up capital equivalent to five million UnitedStates Dollars;;(h)hotels within a Promotion Zoneshall have minimum 3-star level;(i)

invesment of training schools, vocational training schools andeducational institutions

within a Promotion Zone shall haveminimum paid up capital equivalent to two million United States
Dollars;(j)hospitals within a Promotion Zone shall have minimum one hundred
beds with modernized treatment, high technology examinationequipments and machinery, laboratories and operation theatre;(k)

if livestock industries arecarried out in a Promotion Zone, he shallobtain advice from the Management Committee;(l)

if fishery industries are carried out in a Promotion Zone, he shallhave minimum one hundred hectors of land area;
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20(m) if forest products industries are carried out

in a Promotion Zone heshall have minimum space of five hundred

hectors for theestablishment of forest plantation;(n)

if agro-based products industries are carried out in a Promotion
Zone, it shall be carried out with the permission of relevantManagement Committee.

58.

In coordination with the investors, the relevant Management Committee

shall stipulate other requirements for business other than specified in rule 57.
The relevant Management Committee may, according to the sub-section (f)of section 11 of the Myanmar Special Economic Zone Law, issue notifications,orders, directives and procedures in accordance with the international standard
in the area of trade, environmental conservation, investment and business to be
abided by the investor.
59.

The investment businesses within the Free Zone shall annually submit

audited report of the auditor appointed by them with regard to the direct orindirect sales and services at the end of the financial year to the Management
Committee to monitor to be in line with clause (a) and (b) of rule 57.
60.

The investment business which is absent to submit the audited report as perrule 59 for any financial year is not entitled to enjoy exemptions and reliefs forthat absent financial year.
61.

The investor shall apply to the Management Committee at least four weeks

in advance before the end of financial year if the type of business has beenchanged from the Free Zone Activity to Promotion Zone Business.

Chapter XIProcedures for Establishment of Businesses
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62.

The Management Committee may allow the investment proposal for thevarious productions of finished goods from raw materials, enhancement of
production capacity and change of type of manufacturing goods or services if it
is in line with rule 55.
63.

The Management Committee may allow the submission of the investor totransfer business, based on the proven ability of upcoming investor who takes
over the assets and undertakes the liabilities of the existing investment
business64. An investor holding the permit issued under rule 50 shall be entitled
to set up a Business either in a Free Zone, or a Promotion Zone or other Zone orboth Zones with the permission of the Management Committee.
65.

The Investor shall commence the permitted business operation within one

year after getting the permit and shall inform the date of commencement of thecommercial operation or the production of goods to the Management Committee.
66.

The Investor shall request the extension of construction period to theManagement Committee not later than thirty days before the expiry date ofstipulated period if the business operation may not be commenced within one
year. The Management Committee may grant extension for appropriate period
not longer than two years, if it thinks the explanation of the request credible
reason. 67. The permitted term will be expired if the Business has notcommenced productions or services activity within the date of expiry of
stipulated period as per above rules 65 and 66. The permit may be obtained
throughout the period of business operation if the Business has commenced its
business operation within the stipulated period of time as per rules 65 and 66.
68.

The investor shall open and maintain separate accounts for businesses

operated in both Free Zone and Promotion Zone.

Chapter XII
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Exemption and Relief
69.

The investment business permitted by the Foreign Investment Law,

Myanmar Citizen Investment Law and other investment laws

shall not be

entitled to enjoy the exemptions and relief stated under the Myanmar Special
Economic Zone Law if the said investment business has been transferred to theSpecial Economic Zone, enjoyed period of all exemptions and reliefs under suchlaws. If the period of exemptions and relief allowed under theMyanmar Special
Economic Zone Law is longer than the period of other investment laws, thebalance period shall be enjoyed by the investor.
70.

The Investor shall be entitled to enjoy the exemptions and relief as per the

Myanmar Special Economic Zone Law for the investment expansion of same ordifferent business in the Special Economic Zone without transferring the existing
investment business permitted under the Foreign Investment Law, Myanmar
Citizens Investment Law, and other Investment Laws.
71.

An Investor and a Developer shall maintain proper list of commodities

which are imported from Domestic Tariff Area with specific quantity and value
for a yearly basis. Such accounts shall clearly include quantity and value of thegoods imported from Domestic Tariff Area, consumption or utilization of such
goods, production of goods, waste or scrap or remnants, the quantity of export,
sales and supplyof manufactured goods

or to the Promotion Zone or theDomestic Tariff Area and balance in stock.
72.

The Investor and the Developer shall maintain such records prescribed inrule 71 for a period of seven following years starting from the end of relevant
financial year.
73.

An Investor engaged in both trading and manufacturing activities shallmaintain separate records for each business activity respectively.
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74.

The Investor shall submit the Quarterly Performance Reports with FORM-

G to the Management Committee.
75.

The Developer shall submit the quarterly report on import and procurementof goods from the Domestic Tariff Area, utilization of the same and the stock inhand with FORM-D to the Chairman of the Management Committee and theSpecified Customs Officer.
76.

Businessmen in a Promotion Zone or other supplying business in a

Domestic Tariff Area, when they export or sell the finished or semi-finishedgoods produced by themselves using imported raw materials to a Business in a
Free Zone or a Free Zone Activity or Developer, shall submit the triplicate copiesof the assessed export declaration which is under tariff reduction scheme andshall attach the recommendation letter of the relevant Specified Customs Officer..
The import tax for the imported raw materials shall be paid the balance after
deduction of prepaid duties.
77.

A Developer or a business in the Free Zone or Free Zone Activity shall

repay exemptions and relief enjoyed tax benefit of duty free and other tax free or
exemption or tariffs reduction upon the goods which are imported when such
goods are not used for their businesses.

Chapter XIII
Settlement of Dispute78.

If any dispute arises between Developers and Investors, or Developers andthe relevant Management Committee, or Investors and the relevant Management
Committee, or between Developers, or between Investors in respect of theinvestment business, arising dispute shall be settled amicably.
79.

If such dispute may not be settled in accordance with this rule 78:
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24(a)it shall be dealt with in accordance with the dispute settlement
mechanism stipulated in the relevant agreement;(b)

if the dispute settlement mechanism is not stipulated in the relevant
agreement, it shall be dealt with in accordance with the relevant
existing laws of the Republic of the Union of Myanmar.

80.

If dispute arises between the Developer and Investor, they shall inform andsummit with expressing thecause of dispute to the relevant Management

Committee.
81.

The Developer or Investor may establish the documents issued by theManagement Committee as evidence, if necessary, in the settlement of the
dispute. ,If it is necessary for other evidence related to the Management

Committee, they may apply to it for such evidence.
82.

The Developer or the investor shall submit and request the permission to

the Management Committee, if it arises that any staff from the Management
Committee Office is to appear before the court as witness.

Chapter XIV
Regulations relating to Duty and Tax
83.

The commercial tax or value added tax must be paid to the Department ofInternal Revenue of One Stop Service Center (OSSC) before the 10th waxing of amonth commencing from the expiry of the exemption.
84.

Where a non-resident foreigner has no incorporated business in Myanmarbut

has ownership of business and intellectual property right in the Special

Economic Zone:
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25(a)a business or a developer who makes the payment to the non-resident

foreigner shall deduct the withholding tax as prescribed under the existing
Income Tax Law and shall pay it to Department of Internal Revenue of
One Stop Service Center (OSSC) by the name of recipient;(b) theabove

withholding taxes are final levy.
(c)a Business or a Developer who makes the payment to a non-resident
foreigner shall deduct the withholding tax from rental fees and othersimilar incomes asprescribed under the existing Income Tax Law

and shall pay it to the Department of Internal Revenue of One Stop
Service Center (OSSC) of the Special Economic Zone by the nameof recipient.
85.

The Investor or Businesses shall deduct the income tax from the salaries

and other incomes of foreign officers , managers, staffs and workers employed in
the Special Economic Zone as provided by the existing Income Tax Law, withthe currency stipulated by the Central Body, and pay

it toDepartment ofInternal Revenue of One Stop Service Center (OSSC) of the Special Economic
Zone. An income tax statement of monthly deductions shall be furnished to
Department of Internal Revenue of One Stop Service Center (OSSC) within 7days from the date of deductions. The annual statement of salaries paid to
employees shall be submitted within 3months after the end of financial year,
namely April, May and June.
86.

Withholding Tax, other than the salaries, shall be paid to the Department ofInternal Revenue of One Stop Service Center (OSSC) of the Special Economic
Zone, in accordance with the regulations provided in the Income Tax Law.
87.

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26
87. According to the section 49 of the Myanmar Special Economic Zone Law, acustom officer of department of internal revenue of the One Stop Service Center(OSSC) of the Special Economic Zone scrutinize application of the Investor or
the Developer relating to

the paid income tax on profit accrued from the

Authorized Operations and may accept it to exempt tax for dividends of theirshares.
88.

When any Business and a Developer in a Special Economic Zone lose, thelosses shall be set off and carried forward from their income up to five following
financial years, ifa Certified Public Accountant authenticate such losses.
89.

According to the section 52 of the Special Economic Zone Law, a businesswithin the Free Zone or Free Zone Activity is permitted to deduct the actual
expenses for providing vocational or management training to the skilled workers,
unskilled workers, managerial staffs and other employees from the taxable
income. The documents in respect of training expenses shall be submitted as
evidence to a custom officer of Department of Internal Revenue of the One Stop
Service Center (OSSC) of the Special Economic Chapter XVBank and Insurance90.

The entrepreneur or the Developer doing business transactions within or

outside the Special Economic Zone with Myanmar Currency (Kyat) shall also
have the right to open Myanmar currency (Kyat) account at any Authorized
Dealer Bank.
91.

A Developer or an Investor may transfer capital and net profit inaccordance with the provisions of the Foreign Exchange Management Law andrules.
92.

Insurance companies owned by the citizens or the foreigners,or jointly

owned by the citizen and the foreigner may set up their representative offices
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27
and insurance businesses in a Promotion Zone. It can also open representative
offices and insurance business as other business if there is no demarcation as aFree Zone and a Promotion Zone.
93.

The said representative offices and insurance businesses are allowed to sell

their insurance policies to the Investors, Developer and other related businesses
within the Special Economic Zone in accordance with the Myanmar Insurance
Law, rules, and orders and directives of the Supervising Board of Myanmar
Insurance Enterprises.
94.

The foreign insurance company (branch) within the Special Economic

Zone may appoint auditor, lawyer, examiner and negotiator for calculation of thecompensation at the outside of the Special Economic Zone.
95.

The insurance companies which are going to set up their branch

representative offices and insurance businesses in the Special Economic Zone
shall be in line with the standards and qualification stipulated by the Supervising
Board of Myanmar Insurance Enterprise.
96.

The insurance company which is in line with the standards andqualification stipulated by Supervising Board of Myanmar Insurance Enterpriseand going to set up andcarry out therepresentative offices and insurance

businesses in the Special Economic Zone shall apply with FORM-E to obtain thepermission of the Management Committee.

Chapter XVI
Movement of Goods into a Free Zone or for Free Zone Activities
97.

Any goods imported or procured from the Domestic Tariff Area, required

for the Authorized Operations, shall be admitted into a Free Zone subject to thefollowing conditions, namely:
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28(a)the goods imported or procured from the Domestic Tariff Area shallbe brought into the premises of Investors or designated place within
the Special Economic Zone.

Subject to the type of transaction, thegoods may be sent and carried out to sub-contractor for out-sourcing.
;(b)

the goods unnecessary for carrying out the Authorized Operations
shall not be allowed into a Free Zone without the permission of theManagement Committee. The reasons shall be recorded

if theManagement Committee has permitted;(c)the list of goods shall, prior to importing, be submitted to register at
the Management Committee;(d)hazardous goods shall be placed at the specific area designated by
the Management Committee or at the installation area within thepremises of the Investor.

98.

The documents relating to admission of the goods into and out of the Free

Zone shall be submitted to the relevant Authorized Customs Officer.
99.

The goods imported or procured from the Domestic Tariff Area by theFree Zone Activities shall be applied to the provisions in the rules 97 and 98.
100. The Investor or the Developer shall use the goods admitted into a Free
Zone only for carrying out the Authorized Operations. If the admitted goods are
utilized for other business other than for the Authorized Operations ortheInvestor or the Developer fails to abide by the provisions for the goods underthese rules, duty shall be chargeable on such goods as if these goods have beencleared for domestic use.
101. In the case of a Business in a Free Zone is unable to utilize the goods
imported or procured from Domestic Tariff Area, it may export the goods to theconfidentialconfidential
29
foreign country or sell such goods to other Business in a Free Zone without
payment of duty, or as necessary, dispose of such goods on payment ofapplicable duties and other taxes on the basis of an import declaration form
submitted by the buyer from Domestic Tariff Area. .
102. The provisions described in the rules 100 and 101 shall be applied only to
the goods imported or procured from the Domestic Tariff Area with duty free.
103. The Business in a Free Zone or Free Zone Activities shall maintain theaccount and balance of the entire goods with duty free by means of imported orexport or sales or supplies in Domestic Tariff Area or transfer to other Businessin a Free Zone or Free Zone Activities. .
104. The Business in a Free Zone or the Free Zone Activities shall regularly
maintain records for the movement of goods with duty free and shall submit
when the relevant Authorized Customs Officer has officially requested forinspection.
105. The investor shall utilize, export and disposed of the goods admitted to a
Free Zone Activity within the validity period of the permit issued to such Free
Zone Activity or in the case of a Developer within a period of 3 years or
extended period as may be allowed by the Management Committee.
106. In the case of failure to utilize or export or dispose of the goods within the
period allowed under rule 105, payment of duty of such goods shall be liable,considered as if such goods had been removed to Domestic Tariff Area, startingfrom the date of expiry.
107. The Management Committee may allow Businesses in a Free Zone toutilize or export or dispose of the goods in accordance with their desire inaccordance with stipulation.
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30
108. The duty-free goods admitted into a Free Zone or services, manufactured
or semi-manufactured goods, may be transferred or borrowed to an Investor or
Developer within the same Free Zone or in another Free Zone or to a Free Zone
Activities without payment of duty, subject to the following conditions, namely:(a)an Investor or a Developer who is the transferred or lessee shall bean authorized business operator to receive or purchase the duty-free
goods;(b)an Investor or a Developer who is the transferred or lessee shallmaintain the proper list of transferred or borrowed goods;(c)the transferred goods other than the raw material procured from
Domestic Tariff Area shall be accounted as an import by thereceiving Investor or Developer while the value of the same shall be
deducted from the import of the transferring Investor or Developer;(d)transfer or borrowing of goods to Investors or Developers in other Special

Economic Zone or to Free Zone Activities shall be allowed with the priorpermission of the relevant Authorized Customs Officer in accordenance withthe stipulation.109.

After informing in advance not less than 7 days to therelevant Authorized Customs Officer an Investor in a Free Zone or Free Zone
Activities may destroy goods, including Capital Goods procured from Domestic
Tariff Area or goods imported or goods manufactured or produced by theInvestor, including rejects or waste or remnants within the Special Economic
Zone without payment of duty.
110. The Investor shall undertake the matters of environmental conservation as
required for such destroying of the goods.
111. Where it is not possible to carry out destruction of

goods within theSpecial Economic Zone as prescribed at the rule 109, the process shall be carriedconfidentialconfidential
31
out, with the permission of the relevant Authorized Customs Officer, in thepresence of the Specified Customs Officers outside the Special Economic Zone.
112. When it is not possible in the presence of Authorized Customs Officer at
the site of destruction, the Specified Customs Officer may allow the Investor toadduce the alternative means that such destruction has been properly carried out.
113. The precious stone or the part of precious stone or the precious metals shallnot be destroyed.
114. Ifa Business in a Free Zone or a Free Zone Activity is consistent thefollowing, they may be allowed to make sub-contract its part of production or
any production process, to the Business in the Domestic Tariff Area or Businessin a Free Zone or Free Zone Activity to be transferred without any further
permission of the Specified Customs Officer of customs section of One Stop
Service Center (OSSC) in the Special Economic Zone, based on annual account ::(a)the finished goods requiring further processing or semi-finishedgoods taken outside a Free Zone for sub-contracting shall be
brought back into the Business within one hundred and twenty
days or within the period extended by the relevant Specified
Customs Officer. The reasons for such extension shallberecorded in writing.;(b)a business shall bring back molds, jigs, tools, fixtures,
drawings taken with the permission of the relevant Specified
Customs Officer to the premises of sub-contractor(s) before
expiry of such sub-contracting agreement to the premises ofthe original business.. ;confidentialconfidential
32(c)

raw materials, components and consumables except fuel may be sentalong with these goods, or separately.

115. The Businesses engaging trading or warehousing shall not be allowed to do
sub-contracting of production or production process in the Domestic Tariff Area.
117. 116. Based on the document expressing list of materials and the incoming
and outgoing under sub-contract, the movement of goods and the record ofquantity and value of the materials to be used to produce each and every productshall be kept in accordance with the format designated by the Management
Committee., . The Management Committee may permit sub-contracting of partof the production process to be done in abroad and in such cases, the goods may
be exported abroad from the premises of sub-contractor subject to following
conditions, namely:(a)sub-contracting charges shall be declared in the export declaration
forms, invoices and other related documents;(b)

the profit of export shall be fully repatriated in favor of the original
Business.

118. An Investor or a Developer or their authorized representative, , may also
temporarily remove the goods procured or imported duty free by them for theirauthorized operations, to a place in the same Domestic Tariff Area or a businessin another Free Zone or Free Zone Activity , for a sub-contracting process, withprior permission of and subject to the conditions prescribed by the Management
Committee.
119. A Business in a Free Zone may take goods, including finished goods
requiring further processing or semi-finished goods to the premises of subcontractor..

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33

120 With regard to the part of the production process:(a)

the Investor shall also, if necessary, apply for sub-contracting
permission at the time of initial application for development
project approval and based on such initial approval totheSpecified Customs Officer attached to the One Stop Service
Center (OSSC) in the Special Economic Zone, he shallscrutinize and permit sub-contracting of part of production
process or part of the production;(b) where the permission for subcontracting has not been taken at
the time of project approval or a new permission is sought, theInvestor shall file an application containing the name andaddress of the subcontractor, details of the processes to be
carried out at the sub contractor’s premises in the Domestic
Tariff Area and self-certified input and output ratio for the said
processes;(c)after examination of details under subRule (b), the Specified
Customs Officer attached to the One Stop Service Center(OSSC) in the Special Economic Zone may grant annual permits
for any production process or sub-part of the business, executed
subcontracting;(d) moving raw materials, consumables and components, except
imported or domestically purchased fuel into the Domestic
Tariff Area for sub-contracting, the Business in a Free Zone
shall furnish the bank guarantee to cover the duty foregone onsuch materials being taken out for subcontracting to theconfidentialconfidential
34

Specified Customs Officer attached to the One Stop Service
Center (OSSC) in the Special Economic Zone. Provided thatbank guarantee shall not be required for the Business in a Free
Zone is not the black list within two years.
(e)after receipt of goods from the subcontractor, the relevant
Authorized

Customs

Officer

may

check

eitheratthesubcontractor’s premises or at the gate of the Free Zone for the
purpose of verification of goods which were sent and received.
(f)after executing subcontract, the Authorized Customs Officer at
the Free Zone shall inspect the identification marks of the goods
for verification of the goods at the appointed area near the gatewhen received back from the subcontractor. Where very
important items are sent out for subcontracting, based on the
background or past performance of the Investor, the Specified
Customs Officer attached to the One Stop Service Center(OSSC) in the Special Economic Zone shall, if required, keep
sample.

(g) the goods sent out for subcontracting shall be returned to theInvestors within one hundred and twenty days from the date of
movement or within such period as may be extended by theSpecified Customs Officer attached to the One Stop Service
Center (OSSC) in the Special Economic Zone. The reasons for
granting such extension shall be recorded in writing;(h) The Specified Customs Officer shall carry out to collect thecustoms duties upon the goods from the subcontractor which areconfidentialconfidential
35

not brought back within the designated period of time to theInvestor.
121. The relevant Specified Customs Officer may allow the Business in a Free
Zone to export the finished goods directly from the premises of subcontractor. .
In giving such permit::(a)the subcontractor shall be a person who is doing Free Zone
Activity; ;(b)export of finished goods shall be done directly from the premises ofthe subcontractor. It is not allowed to export through third party;(c)sample of goods exported from the premises of subcontractors shallbe sent by the subcontractor under sealed condition, to the Specified
Customs Officer for inspecting to compare to the original sample
goods;(d)the manifest for duty-free goods shall be processed at the port ofexport as in the case of normal export and the name of the Investorand subcontractor shall be entered into the such manifest;(e)goods which are inspected and sealed by the Authorized Customs
Officermaybeallowedtoexportfrompremisesofthesubcontractor. In the case of subcontracting to be done in abroad,the goods shall either be returned to the original business or may besold to buyers in the country of such subcontractors or any third
country.
122. Waste, scrap or remnants generated during process at the premises ofsubcontractors may either be returned to the Investor or may be cleared on
payment of duty as if the said waste or scrap or remnants have been cleared by
the Investor or may be destroyed at the premises of subcontractors according toconfidentialconfidential
36
the instruction of the Specified Customs Officer.. Provided that where thepremises of subcontractors are located abroad, the scrap, waste or remnants
generated at the premises of subcontractors may either be returned to the Investor
or may be disposed of at abroad.
123. A Business in a Free Zone may execute subcontract to do subcontracting
for part of the production or production process in another Business within thesame Free Zone. Raw material imported or procured by the Investor to
manufacture the Capital Goods may be transferred to another Investor for use in
manufacturing or fabricating. 124.

The Developer or his representative, , shallfollow the same procedure for subcontracting by a Business in a Free Zone
prescribed in the rule 120 for subcontracting in Domestic Tariff Area or a
Business in other Free Zone or a Free Zone Activity.. The Bank Guarantee
covering the duty foregone on the materials sent for subcontracting shall be
requested only in case of temporary removal of goods by the contractor from theFree Zone.
125. When a Business in a Free Zone or a Free Zone Activity undertakes ofsubcontracting for export on behalf of exporter in the Domestic Tariff Area, on
the basis of annual permission from the Specified Customs Officer,,:(a)

all the raw materials including semi-finished goods and consumables,
including fuel shall be supplied by the exporter from the Domestic
Tariff Area;(b)finished goods shall be exported directly by the Business in a Free
Zone or a Free Zone Activity on behalf of the exporter from theDomestic Tariff Area; (c)the name of the exporter from theDomestic Tariffs Area and name of the Business in the Free Zone or
the Free Zone Activity shall be mentioned together with the export
document;
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37(d)

the exporter from the Domestic Tariff Area has the right to refund of duty
paid on the inputs by way of duty drawback.Chapter XVIIImport Procedures
126. The Business in a Free Zone or a Free Zone Activity or a Developer shallsubmit in advance the list of goods to be imported to the Management
Committee, although the import license need not be applied for those imported
goods. Such import list may be changed according to market requirements fromtime to time.
127. Business in a Promotion Zone or Other Activity shall submit in advance alist of goods to be imported which are required for the authorized business
operation to the Management Committee. No import license shall be required forthe import of such entered goods.
128. Business in Promotion Zone or other Activity shall apply import license
for the goods which are not entered in advance at the Management Committee.
The Management Committee shall ease the conditions of import license.
129. In coordination with the relevant department, the Management Committee
shall issue notification in advance for import of goods in the certain special case inwhich shall be required to beprohibited

according to the internationalsuggestions. and shall also issue permit and license necessary for importation ofsuch goods at One Stop Service Center (OSSC).
130. Import procedures in the Special Economic Zone shall be carried out with
the Myanmar Automated Cargo Clearance System (MACCS) after the“MACCS” is introduced.
131. An Investor or

Developer may import goods directly to the Special

Economic Zones through the following modes of supply:
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38

ports or airports;
inland customs posts;
inland container depots;
foreign post offices;
authorized couriers; ora person who is authorized by the Business.
132. Direct transfer by means of full loaded container or combined container
load or other means of packaging of goods imported through ports or airports orinland customs posts or inland container depots shall be allowed from such port or
airport or inland container depot or inland customs post to the Special Economic
Zone.
133. The Investor or Developer may also procure goods required for the
Authorized Operations from the bonded warehouses designated in the Domestic
Tariff Area or International Trade Exhibitions held in Myanmar.
134. The goods imported by Business in a Free Zone or Free Zone Activity or
Business in Promotion Zone or other Activity or Developer shall be allowed to
be transshipped from the port or airport to the Special Economic Zone without
checking by the Customs Authorities at the relevant port or airport. Provided thatsuch goods may be inspected when there is specific information or intelligence
information.
135. The goods imported by an Investor or

Developer shall be directlytransshipped to the Special Economic Zone only by the registered logistic firm or
its agent.
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136. The Investor shall abide by the following procedures for the importation of
goods and services:(a)the Investor shall submit the 5 copies of import declaration withthe stamped namely “Special Economic Zone Cargo” alongwith Bill of Lading or Airways Bill, invoice and packing list to
the Authorized Customs Officer;(b)

if the Import Declaration is not assessed on the date ofapplication , the goods shall be allowed to be transferred to theInvestor on the basis of the registered Import Declaration, afteran endorsement to this effect has been made by the Authorized
Customs Officer;(c)

if the goods including Capital Goods are supplied free of cost or
on loan or lease basis, the Import Declaration shall be enteredinto jointly the name of the Investor and the supplier;(d)

if the goods including Capital Goods are supplied on loan orlease basis by a domestic supplier, the Import Declaration shallbe entered into jointly the name of the Investor and domestic
supplier;(e)the registered Import Declaration shall be submitted to the
Authorized Customs Officer of the Special Economic Zones. If
finished, it shall be deemed to be permitted for transfer of goods
to the Investor;(f)in case of sealed container, the goods shall be transferred to aSpecial Economic Zone

without customs escort after

verification of the seal on the basis of registered or assessed
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40

Import Declaration;(g)in case of other cargo, goods shall be allowed to be transferred toa Special Economic Zone on the basis of registered or assessed
Import Declaration, according to the transshipment procedure;(h)the transshipment permission shall be stamped on the fifth copyof the Import Declaration without separate documents ortransshipment bond for transshipment to file ;(i)on arrival of cargo either in the form of container or sealed
truck, seal on the container or the truck, as the case may be,shall be verified by the Authorized Customs Officer in theSpecial Economic Zone;(j)on arrival of cargo either in the form of combined container
load or other form of packaging, verification of marks andnumbers of the container shall be carried out as appropriate by
the Authorized Customs Officer at gate of the Special
Economic Zones or a designated place in the Special Economic
Zone;

(k)

if verification of marks and numbers of container may not be
undertaken at the gate of the Special Economic Zone or adesignated place of the Special Economic Zonethe goods shallbe allowed to send directly to the premises of the Investor andverification shall be undertaken at those places;(l)the Investor shall submit fifth copy of Import Declaration
bearing endorsement of the Authorized Customs Officer that the
goods have been received in the Special Economic Zone to theconfidentialconfidential
41

customs officer in charge of the airport or port or inland
container depot or post officeor warehouses of the custom

office, as the case may be, within forty-five days from the dateof clearance of goods. When the Investor fails to do so, theofficer in charge of such airport or port or inland container
deport or inland customs post or post office or warehouse ofcustom office, as the case may be, shall notify to the Specified
Customs Officer in the relevant Special Economic Zone forlevying duty from the Investor in a Free Zone, if any;(m) after endorsement regarding verification of mark of product andquantity in case of combined container load or in other form of
packaging or inspection of seal in the case of full loaded
container or sealed truck by the Authorized Customs Officer
attached to the One Stop Service Center (OSSC) of the relevant
Special Economic Zone, such goods shall be transferred to theinvestor.

It shall be deemed the completion of the customs

procedure with regard to the importation of cargo when theinvestor receives the goods.
137. Any inspection of cargo shall be carried out at the premises of the investors
if the Customs Department considers it is required to check.
138.

Notwithstanding contained in the provisions under the rule 136, theCustoms Department has the right to exercise the Post-Clearance Audit (PCA)..
139. Investor in a Promotion Zone or Free Zone Activity or any Other Activity
shall follow the same customs clearance procedures as applicable to the goods
imported or procured from Domestic Tariff Area by the Developer.
confidentialconfidential
42140. The Developer may import or procure goods and services from outside of
the Special Economic Zone, enjoyed exemptions and reliefs for the Authorized
operations. .
141.

After getting the permit for the Authorized Operation, the Developer or

the Investor, shall apply permit to the Management Committee for the list of
goods and services, including construction materials, heavy machinery,equipments and machines necessary for the Authorized Operations.
142. The

Developer or an Investor shall declare the warehouse within theSpecial Economic Zone to the Specified Customs Officer.
143. In case of the storage has been done outside of the Free Zone but within theSpecial Economic Zone, safeguard measures necessary for security comply withas stipulated by the Specified Customs Officer.
144. The developer shall keep the goods imported or procured from outside of
the Special Economic Zone for Authorized Operations at the designated area tobe inspected by the Authorized Customs Officer before such goods are brought
into use.
145. The Developer shall maintain a proper account of the import or
procurement, consumption and utilization of goods and submit report to theManagement Committee with FORM-D once in every three months.
146. The Developer shall move goods from the Special Economic Zone to theDomestic Tariff Area only after payment of concerned duty except thepermission of the Specified Customs Officer.147. The Developer shall apply theprocedures applicable to the Investor in a Free Zone on import or procurement ofgoods and services, their admission, clearance of goods. However, Developer
may move the goods imported or procured from Domestic Tariff Area to any
place of the Special Economic Zonefor carrying out the Authorized Operations.
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43
148. The Management Committee shall monitor the utilization of the goods
imported or procured from the Domestic Tariff Area by the developer. .
149. A Developer may send or transfer components and the capital goods,
including construction equipment which will no longer use or are surplus toanother Developer or Investor after obtaining the permission of the Management
Committee.
150. The Investors in a Free Zone may import, with the exemption of either
custom duties or other taxes or both, precious goods namely gold or
silver or platinum or gem and jewellery from abroad through an
authorized representative. When such goods are imported,(a)the authorized representative bringing the precious goods shalldeclare with duplicate copies of the import declaration form to theauthorized officer at the airport arrival hall;(b)

the authorized representative shall hand over the invoice and packing
list of the goods indicating name and address of the importing
Investors to the Authorized Customs Officer at the airport for detention
in the airport warehouse with the receipt;(c)the customs officer at the airport shall issue the detention receipt;(d)the Investor shall submit Import Declaration together with a copy of
invoice, a copy of packing list and the detention receipt number
issued by the customs officer at the airport to the Authorized Customs
Officer;(e)the Authorized Customs Officer shall retain original Import
Declaration ,after assessment of Import Declaration and hand overthecopiesof

such

ImportDeclaration

to

the

authorized

representative of the Investor to present the Authorized Customs
Officer at the airport warehouse to release the goods.
confidential

Afterconfidential
44
receivingtheoriginal

detention

receipt

together

with

the

authorization letter from the Investor, the Authorized Customs
Officer at the airport warehouse, making entries in the warehouseregister and detention receipt register, the Authorized Customs
Officer shall allow the goods to release for clearance;(f)after release, the goods shall be transferred to either the Investor
or the authorized representative of the Investor after sealing
under the customs escort;(g)

the goods shall be allowed to send to the premise of Businessafter verification of marks and number of packages by the
Authorized Customs Officer at gate of the Free Zone in theSpecial Economic Zone.

151. An Investor may importwhen the exported goods are found either

defective or damaged by the overseas buyer or such goods have not been takenby the overseas buyer or the payment is not settled from the buyer as per agreed
schedule after delivery of goods or when buyers return goods due to change ofmarket factors subject to the following conditions, namely.

(a)the Investor shall identify the goods which are original export
goods at the time of reimport;(b)

the period of reimported goods shall be within the warranty
period or the validity period of the amended contract or aperiod of one year from the date of export , among them thelatest period.

152. If it is found that the imported goods are error or defective,

replacement of such goods shall be allowed by identifying the correctness
confidentialconfidential
45of the goods imported through a Business in Free Zone or Free Zone
Activity or domestic authorized dealer of appointed by the overseas
supplier.
153. The supplier of goods within the Domestic Tariff Area shall submit the
documents relating

to the payment of tax and duty for the importation of

supplies which are provided for the Business within the Free Zone or for the
Authorized Operation of a Developer and claim for tax refund of such supplies.
154. Duty-free goods procured or imported by a Business in a Free Zone or aFree Zone Activity or a Developershall be allowed to admit into the premises of
the Business in the Free Zone or Free Zone Activity.
155. When the Business in Free Zone or Free Zone Activity or the Developer
procure the goods from the Domestic Tariffs Area,the supplier of the goods or
the buyer of Business within the Free Zone or Free Zone Activity or Developer
on behalf of the seller from Domestic Tariffs Areas shall submit importdeclaration to the Authorized Custom Officer before the arrival of the goods.
156. The Specified Customs Officer shall detain the goods at the designatedarea if the goods have been arrived before filing and checking the Import
Declaration. The goods shall be released to the Business in a Free Zone or theFree Zone Activity or the Developer only after completion of the filing andassessment of the Import Declaration.
157. The Authorized Customs Officer shall approve the comprehensive importdeclaration where there are frequent deliveries of goods to the investors in a Free
Zone.
158. A copy of Import Declaration with an endorsement by the Authorized
Customs Officer for the permitted goods already delivered to the Business in a
Free Zone or the Free Zone Activity or the Developer shall be transferred to theconfidentialconfidential
46
excise officer having jurisdiction over the supplier from Domestic Tariff Area
within forty-five days. If it is failed to do so, the respective excise officer shallrequest for payment of duty against the supplier from Domestic Tariff Area.
159. The Business in a Free Zone or the Free Zone Activity or the Developer
shall apply to the Specified Customs Officer for the claim of refund duty for theimport declaration filing under the claim of refund. The benefit of the refund dutyis transferable to the supplier from Domestic Tariff Area from the Business in a
Free Zone or the Free Zone Activity or the Developer.
160. The Import Declaration shall be assessed in accordance with the
instructions and procedures laid down by the Department of Customs. At the timeof assessment, it shall be specifically examined whether the goods are required for
the Authorized Operations of the Developer or the Business in a Free Zone or theFree Zone Activity or not, with reference to the permit or the list of goods
approved by the Management Committee..
161. The Authorized Customs Officer shall examine the goods obtained fromthe Domestic Tariff Area on arrival at the gate of Free Zone or the premise of theBusiness in the Free Zone in respect of description, quantity, marks and otherrelevant particulars given in the invoice, Export Declaration and packing list andshallalso examine as per the examination norms laid down in respect ofexported goods in cases of the goods are being procured under claim of anexport entitlement.
162. The supplier from the Domestic Tariff Area shall be allowed to sell the
goods under tax refund system if the payment for the goods purchased is settled
directly from the Foreign Currency or Myanmar Kyats Account of the Businessin a Free Zone or the Free Zone Activity or the Developer.

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47
163. A copy of the Export Declaration with an endorsement of the Authorized
Customs Officer for the goods which have been received by the Business in theFree Zone or the Free Zone Activity or the Developer shall be deemed as proofof export.
164. According to its desire, the Business in a Free Zone or the Free Zone
Activity or the Developer may also procure goods from Domestic Tariff Area
without availing exemptions or drawbacks on the basis of invoice or transport
documents issued by the supplier.
165.

Such invoices or transport documents shall be endorsed to the effect thatno exemptions and drawbacks have been availed on the said supplies.
166. Procedures for the receiving of goods from the bonded warehouse are as
follows:(a)Business in a Free Zone or Free Zone Activity or the Developer
shall submit an Import Declaration to the Authorized Customs
Officer when the goods are claimed from the bonded
warehouse;(b)

the Business in a Free Zone or the Free Zone Activity or theDeveloper shall submit the Import Declaration assessed by the
Authorized Customs Officer to the customs officer in charge ofthe bonded warehouse to be claimed the goods;(c)the customs officer in charge of the bonded warehouse shallallow clearance of the goods from the bonded warehouse which
are supplied to the Business in a Free Zone or the Free Zone
Activity or the Developer without payment of duty on the basisof Import Declaration duly assessed by the Authorized Customs
confidentialconfidential
48

Officer;(d)where the delivery certificate approved and signed by the
Authorized Customs Officer is not received by the customs
officer in charge of bonded warehouse within forty-five days
from the date of clearance of the goods from the warehouse, thecustoms officer in charge of the bonded warehouse shallproceed to demand applicable duty from the supplier.

167. According to the procedures prescribed by the rule 166, a business in Free
Zone or Free Zone Activity or a Developer may:(a)

procure goods from international exhibitions held in the Union;(b)

procure goods and services from a Business in a Free Zone or theFree Zone Activity or the Developer without payment of duty.

168. A Business in a Free Zone or the Free Zone Activity or the Developer may
procure goods and services from another business in a Free Zone or a Free Zone
Activity within the same or any other Special Economic Zones subject to thefollowing conditions. In procuring:(a)the receiving Business or Developer shall file the Import Declaration
to the Authorized Customs Officer, in quintuplicate together with thedescription of the goods, an invoice and packing list for assessment;(b)on the basis of such assessed Import Declaration, the goods shall beallowed to be transferred to the receiving Business or Developer
under transshipment permit;(c )there shall be no requirement to file any additional document orbond(s) for the purpose of transshipment of goods and theconfidentialconfidential
49
transshipment

permission

shall

be

stampedontheImportDeclaration itself;(d)the supplying business shall submit the delivery certificate to theSpecified Customs Officer having jurisdiction over that supplying
business within forty-five days.

In case of failing to submit, theSpecified Customs Officer of the supplying business shall inform by
writing letter to the Specified Customs Officer of the receiving
business or Developer for demand of duty from the receiving
business or Developer;(e)where the supplying and receiving business or Developer are locatedin the same Special Economic Zone, the provisions of subrules (a) to(d) shall not be applied and the movement of goods shall be allowed
and such transactions shall be recorded in the regular books ofaccounts of the receiving business or Developer and the supplying
business and no Import Declaration shall be required for filing.

Chapter XVIII
Export Procedures
169. Export license shall not be required for export from Special Economic
Zone.
170. Export of special chemicals, plant and animals, materials, equipment andtechnologies to be controlled by international suggestion shall be abided by theexisting laws, rules and the international conventions in which Myanmar
participates .
171. Export procedures in Special Economic Zones shall be carried out by the
Myanmar Automated Cargo Clearance System ( MACCS ), when it is implemented.
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50
172. A business may export goods or services, includin agro-products, semifinished goods, sub-assemblies and components under the terms and conditionsprescribed in permit, except the items prohibited by of the existing Laws andrules. A manufacturing business may also export by-products, rejects, waste, andscrap arising out of the manufacturing process.
173. A business engaged in computer software and related business may export
computer software and technical know-how services through information andtelecommunications links or freight forwarding or courier service.
174. The minimum export price shall not be restricted to the export products
except export of raw materials procured from domestic without any further
processing or manufacturing activities. .
175.

A Business may export free samples, including molds made with wax orsilver or non-precious metal alloy or rubber without limitation of the quantity
through any permissible modes of export.
176. Supplies from the Domestic Tariff Area to an Authorized Operations in a
Free Zone or Free Zone Activity or Developer may be enjoyed export benefits
under the Myanmar Special Economic Zone Law and these rules.
177. The procedure for export from a Special Economic Zone through seaports
or airports or inland container depot or container freight station or by Courier orby private logistic firm is as follows:(a)a consignor shall submit Shipping Bill in quadruplicate together with
export declaration, invoice, packing list and other required
documents as per mode of export to the Authorized Customs Officer;(b)

the Shipping Bill or airway bill shall be registered, assigned arunning serial number and assessed by the Authorized Customs
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51
Officer in the manner and procedure as followed in case of exports
under free-shipping bill without any requirement of the counter
signature;(c)the Authorized Customs Officer shall check and seal the goods at thepremises of the business. If services are exported in non-physicalform, the export value is to be furnished by the Business on selfcertification basis;(d)the Authorized Custom Officer shall not recheck the sealed goods atthe port or airport or inland container depot. Provided that the
Authorized Custom Officer may check such goods with thepermission of Director General of Custom Department when there is
specific intelligence information. . . (e)the consignor may export

through inland container depot within the Special Economic Zone, or
through any port or airport or inland container depot. Provided thatin case of export of large quantities of cargo from the Special
Economic Zone may not be possible for continuous loading in one
consignment, the Specified Customs Officer may allow the export ofsuch cargo with the undertaking given by the Business which shallbe exported within ninety days. The business shall pay as perundertaking for the amount of applicable duty on the goods which
are failed to export;(f)

notwithstanding contained in clause (d) of this rule, when the goods
are not checked or sealed by the Authorized Customs Officer at thepremises of the business, such goods shall be subjected to check by
the customs officer in charge at the port or airport or inland container
depot.

178.

The export of gems and jewellery shall apply the following procedures:confidentialconfidential
52(a)the following information shall be included when submitting the Billof Lading (B/L), invoice, packing list to the Authorized Customs
Officer:(i)

description of the gems and jewellery, and quantity;(ii)

weight and percentage of purity, carat of precious stones andjewellery such as gold,

silver,platinum, diamond, ruby,sapphire, cubic zircon, etc;
(iii)

FOB Price, quantity and total value of each and every type ofgems and jewellery;(b)

the Business may export jewellery with the set price issued by
Designated Agency for

the Gems and Jewellery based on thenational standard rate. That price shall be based on the prevailingmarket rate of Gold or rate of exchange from U.S. Dollar to
Myanmar Kyats. Provided that the certificate issued by the
Designated Agency shall not precede 3 working days from the dateof shipment or as may be notified by the Union Government;(c)a Business may export the goods through foreign post or courier
service as per the procedure of post or courier business;(d)a Business may export of goods and services, through another
Business or consignor or Free Zone Activity subject to following
conditions, namely:(i)goods or services shall be manufactured or developed in theBusiness concerned;(ii)

a Business shall abide by regulations with regard to the
Authorized Operations;(iii)

a Business shall abide by the provisions of this rule when theexport orders are received and the goods shall be directly
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53
transferred from the Business premises to the airport or port of
shipment;(e)

the procedure for export through a merchant exporter are as follows;(i)when the goods are exported directly from the Special
Economic Zone or through any other port, the movement ofgoods can be done directly from the Special Economic Zone tothe said port of export as the movement of goods from one
warehouse to another;(ii)

the name of business and the name of the exporter shall bementioned in the export documents;(f)a Business in a Free Zone or Free Zone Activity may transfer goods,
including goods imported or procured from Domestic Tariff Area, toanother Business in a Free Zone or Free Zone Activity, subject to thefollowing procedures, namely:(i)the transfer of goods shall be done with the sealed container orsealed trucks between the receiving business and supporting
business which are located at different Special Economic
Zone;

(ii)

the suppling Business shall submit the purchasing contract andnecessary documents for transfer of goods, invoice andpacking list to the Authorized Customs Officer in the Special
Economic Zone. The Authorized Customs Officer shall issue
the permit for transfer of goods and seal the containers ortrucks to transfer the goods to another Special Economic Zone;(iii)

the receiving Business shall file purchasing contract, required
documents for the purpose of transfer of goods, invoice andpacking list together with the permit issued by theAuthorized
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Customs Officer in charge of the Special Economic Zone
located in supplying businessto the Authorized Customs

Officer of the receiving business located in the Special
Economic Zone; ;(iv)

the transferred goods shall be cleared by the Authorized
Customs Officer after assessment of documents submitted by
the receiving business;(v)

the receiving Business shall submit the delivery certificate to
the Authorized Customs Officer

ofthe Special Economic

Zone where the supplying business is located within forty-fivedays. If failed , the Authorized Customs Officer where thesupplying business is located, shall communicate to theCustoms Officer having assessment from the receiving
business for demand of applicable duty(vi)

where supplying and receiving Businesses in a Free Zone orFree Zone Activity are located in the same Special Economic
Zone, movement of goods including raw materials shall beallowed subject to maintenance of accounts by both receiving
and supplying Business in a Free Zone or Free Zone Activity
and no other documents shall be required to be filed.

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Chapter XIX
Rules for distribution of movable goods from the Special
Economic Zone to the Domestic Tariff Area
179.

Manufacturing Businesses within a Free Zone shall be allowed to sell

maximum twenty-five percent in value of their products manufactured bythemselves or any other goods imported by themselves into a Free Zone to theDomestic Tariff Area including a Promotion Zone. In such sale, buyer

in aPromotion Zone or in local market shall pay the duties and other taxes on such
goods as imported from abroad.
180. The sale of finished products manufactured by Free Zone Activity to theDomestic Tariff Area shall apply the provision under the rule 179.
181. Rule 179 shall be applied when the goods imported by the Businesses
within a Free Zone have been sold , re-invoiced or reexported g to anyone in
the Domestic Tariff Area.
182. The import procedures for payment of customs duties for the same goods
imported by a Business within a Free Zone or Free Zone Activity shall be applied
for the sale of goods and services, including rejects or wastes or scraps or remnants
or by-products arising during the manufacturing process by a Business within a Free
Zone or Free Zone Activity to the Domestic Tariff Area.
183. Goods procured from the Domestic Tariff Area and sold without being any
manufacturing process shall not be required import license. 184. When surplus
of electricity generated from the Power Plant of Developer in the Special
Economic Zone may be sold to the Domestic Tariff Area, except the Promotion

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Zone or other Business in the Special Economic Zone, the duty and taxes shall be
paid upon the consumable inputs and raw materials used for generation of power.
185. When the Management Committee receives the proposal for sale of surplus
electricity, , if necessary, in consultation with the responsible Ministry, it shall
examine for the electricity supply. . It is not required in consultation with the
responsible Ministry for sale of electricity in the same Special Economic Zone.
186. The Management Committee shall set the standards and norms forelectricity generation by a Business within a Special Economic Zone.
187. Sale of surplus electricity power to Developers or Investors in the same orother Special Economic Zone shall not be paid for duty.
188. The sale of electricity to the Domestic Tariff Area shall obtain permissions from
the Managemnet Committee and the relevant Ministry. 189. Duty and taxes onsale of surplus electricity to the Domestic Tariff Area shall be paid underprovisions contained in these Rules.
190. Relating to the matters of goods purchased for the domestic use,:(a)the buyer from the Domestic Tariff Area shall submit the Import
Declaration mentioning the description, model number and serial
number of the goods together with the invoice and packing list to the
Authorized Customs Officer;(b)a Business within the Free Zone or Free Zone Activity on behalf ofthe buyer, by the permission of the buyer from the Domestic Tariff
Area may submit the Import Declaration related to these goods to the
Authorized Customs Officer.

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191. Valuation of the goods cleared into Domestic Tariff Area shall be
determined in accordance with the provisions of Tariff Law and rules asapplicable to the imported goods.
192. If the goods procured from the Domestic Tariffs Area by the Businesswithin a Free Zone or a Free Zone Activity have been sent back to the Domestic
Tariffs Area in the form of originally purchased goods or not much changes ofprocessing, deemed as reimport goods and the procedures of reimport goods fromthe outside of country shall be followed. The import duty is exempted for such
reimport goods. Import benefit shall not be paid for those goods as well. The
import declaration shall not be required for such case that those goods may be
reimported to Domestic Tariff Area according to the original invoice.
193.

A Business within a Free Zone or a Free Zone Activity may transfer the

Capital Goods which were imported and used for their Authorized Operations in
the Special Economic Zone, to Domestic Tariff Area by payment of customs duty
exempted at a time of import.
194. In case of selling of Capital Goods imported with the duty free by the tradingbusiness or logistics business in a Free Zone to the Domestic Tariff Area , duty andother taxesshall be levied on such goods as required at the time of import.
195. Goods supplied by a Business within .a Free Zone or a Free Zone Activity
to Domestic Tariff Area on payment of duty may be brought back to the Businesswithin a Free Zone or Free Zone Activity for the purpose of repair within aperiod of 6 months from the date of clearance, or within a period extended by theSpecified Customs Officer or within the warranty period or within among them ,the latest period, on payment of duty on the value of repairs
Customs Officer is satisfied after verifying such goods.

confidential

if the Specifiedconfidential
58
196. The Business within a Free Zone or the developer may temporarily remove
the following goods to the Domestic Tariff Area without payment ofduty, namely:(a)high value machineries and equipments

used in the construction work for short term;(b)capital goods and its parts for repairs and return thereof;(c)sample goods for display, or the goods displayed in the exhibition
for export promotion and return thereof;(d)goods for test, repair, refining and calibration and return thereof;(e)computers and other products can be used like computer or personal
goods for official employees of the businesses within the Special
Economic Zone and the Developer;(f)

the goods received the prior permission by the Management
Committee.

197. The goods imported for the purpose of repair or replacement or quality
testing or research or enhancing quality or calibration from the Free Zone may betransferred to Domestic Tariff Area or abroad, if it transfers,

by submitting to

the Specified Customs Officer and on maintenance of records for movement ofsuch goods.
198. A Business within a Free Zone or Free Zone Activity may transfer goods
for quality testing or research or technical development purposes, to any
recognized laboratory or institution, without payment of duty, on giving an
undertaking to the Authorized Customs Officer for the return of such goods. If
such goods have been consumed or destroyed in the process of testing or at thetime of research and development, the Business within a Free Zone or Free Zone

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Activity shall submit a certificate from the laboratory or institution to that effectto the Specified Customs Officer.
199. The Business within a Free Zone or Free Zone Activity or the Developer
shall undertake the movement of goods under the rules 196 to 197, based on theserially numbered document, authenticated by the Managing Director or owner ofthe company or secretary of the company or the authorized representative of thecompany.
200. Before usingof authenticated serial numbered document, these serial

numbers shall be presented in advance to the Authorized Customs Officer.
201.

Identification marks, models, serial numbers and specifications of thegoods received back after such use, test or repair or calibration should match withthose mentioned in the authenticated documents issued by the authorized
representative of the Business within a Free Zone or a Free Zone Activity or thedeveloper and signed by the Authorized Customs Officer at the time of taking out
such goods into Domestic Tariff Area.
202. The goods shall be brought back to the Free Zone within one hundred
andtwenty days from the date of taking the goods out of the Free Zone or within
the extended period permitted by the Specified Customs Officer.
203. If a Business within a Free Zone or a Free Zone Activity or the Developer
fails to bring back the goods within the period specified in above rule 202, theapplicable duty on such goods shall be paid .
204.

Under the provisions of above rule 203, the Business within a Free Zone

or a Free Zone Activity may remove the goods including the capital goods toanother Business at the same Free Zone or to Domestic Tariff Area for test or
repair or calibration or re-conditioning or return. Such movement of goods within
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60
the same Special Economic Zone shall be undertaken by maintaining the records
at the supplying and receiving places.

Chapter XX
Procedures for the Inspection of Contagious Diseases
205. The Contagious Diseases inspection shall be carried out, if necessary, theAuthorized Customs Officer of the One Stop Service Center (OSSC) at theSpecial Economic Zones shall inform to the responsible person from the Ministryof Health.
206. The responsible person from the Ministry of Health attached to the One
Stop Service Center (OSSC) may carry out regular inspection.
207. The Management Committee shall consult with the relevant Ministry forfurther detailed inspection to be carried out as required and shall invite therespective technicians to the One Stop Service Center (OSSC). It shall let themcarry out such inspection.
208.

The Management Committee shall carry out as the procedures of therelevant Ministry if it is found necessary to be taken further action underinspection.

Chapter XXI
Labor and Employment
209. The Management Committee shall carry out the labor matters in theSpecial Economic Zone as follows:(a)

The Management Committee supervises to ensure that theemployment agreements are made in accordance with the existing
Labor Law and regulations. The rights and duties of the employer
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61
and employee shall be described in the employment agreements.
Moreover, employment matters, including minimum wages, salary,leave, holiday, overtime fees, compensation for dismissal from work
and workmen’s compensation shall be administered in accord withthe existing Labor Law and regulations.

The Investors and theDeveloper shall develop their own Internal regulations on labour
recruitment and shall submit it to the Management Committee;(b)

The Management Committee shall inspect and supervise to ensure
not to lose and to protect the rights of the employees, technicians andstaffs. The Management Committee shall inform twentyfour hours
in advance to the investor or the developer for the inspection. Suchinspection shall be carried out together with the representatives fromlabor section of One Stop Service Center (OSSC) of the Special
Economic Zone.

210. Investor or Developer in the Special Economic Zone shall submit their own
employment recruitment disciplines to the Managment Committee of the relevant
Special Economic Zone if they use it.. The relevant Management Committee may
issue notification, order, directives and procedures for the labour recruitments
matters for the relevant Special Economic Zone.
211. The disciplines in the work place shall be informed clearly to the citizen or theforeigner, who has been appointed at a suitable post, at the time of executing
Employment Contract between the Developer or Investor and the employees.
212. The Investor or the Developer shall apply to the Management Committee
in the event that they want to recruit foreign experts and technicians more than
the quantity stipulated under the section 75 of the Law to perform the Authorized
Operations.

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62
213. According to the rule 212, Management Committee may give permission
after scrutinizing the followings facts when receiving the application:(a)whether Myanmar Citizens undertakethe responsibilities to begiven to the foreigner to be appointed or not ;(b)whether the responsibilities to be given to the foreigner shall besuitable with the Authorized Business Operation or not.

214. The Investor or the Developer shall obtain in advance the work permit for
the foreigners to be employed in the Special Economic Zone from the authorized
person of the labor section of the One Stop Service Center (OSSC) of a Special
Economic Zone before commencing the business operation.
215. The labor section of the One Stop Service Center (OSSC) of a Special
Economic Zone shall provide service for the labour registration for both citizen
and foreigner before commencing the business operation.
216. Any employer in theSpecial Economic Zone

shall be responsible toprovide the trainings arrangement necessary for the improvement of job skills,
technical skills, administrative skills of the employees and the staffs. The
Management Committee

shall ask for the arrangement of trainings for theemployees and reports from the employer, from time to time.
217. Foreigners employed in the Special Economic Zones shall apply for the
related matters of immigration such as, renewal of the entry visa, residency to theimmigration section of the One Stop Service Center (OSSC).
218. The employer shall inform, if any labor dispute arises between theemployer and employees, the technicians and the staffs in the Special Economic
Zone, to the Management Committee within twenty-four hours of the occurrenceof such dispute.
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Chapter XXII
Miscellaneous
219. The Investor or the Developer who is desirous of terminating or winding
up its Business or reducing its paid-up capital shall notify and submit to therelevant Management Committee.
220. The relevant Management Committee shall issue the identity card forvalidity period of five following years as the FORM-H to the business owners
and their employees appointed at their authorized business operations for the
regular entry to the Free Zone at the Special Economic Zone.
221. Such Identidy Card holder shall:(a)return all issued identity cards, commencing from the day on whichbusiness shut down when such business is terminated;(b)

returnthe identity card to the relevant Management Committee by any
employee who has been resigned the job from the current Businessor the Developer.
222. The relevant Management Committee shallissue identity cards to thecontractors and their visitors as FORM-H. A proper record of such entries shallbe maintained at the Free Zone Gate.
223. Unless otherwise specified in these rules, self-declaration of all inward or
outward movement of goods into or from the Special Economic Zone shall bemade by the Investor or the Developer. There may be no routine inspection ofsuch goods unless the specific order is issued by the Management Committee.
224. The Management Committee may form a supporting group with therepresentatives from the relevant ministries and government organizations or the
representatives of Investors and Developers, others relevant personnel andconfidentialconfidential
64
personnel from private organizations. For such formation may be formed, if
necessary, as per provisions of Myanmar Companies Act or Special Company
Act or their successive laws.
225. When these rules are issued, a Development Business or an Investment
Business shall apply to the provision under these rules.

Union Minister
Ministry of National Planning and Economic Development

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FORM-AAPPLICATION TO ESTABLISH A SPECIAL ECONOMIC ZONE
[ Subrule (a) of Rule 24]
1.

Full Name and address(a)Name of the Applicant(b)Full Address(Regd. Office and Head Office)(c)

Zip Code (sign/mark)(d)Tel. Number(e)

Fax Number(f)E-Mail Address(g)Name and address of each of the Directors/
Partners/ Promoters2.

Nature of the Business to be applied(a)Public Limited Company(b)

Private Limited Company(c)

Proprietorship(d)Partnership(e)Others (please specify)

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66
Note: Copy of certificate of incorporation along with Article of Association andMemorandum of Association in case of companies and partnership deed in case ofpartnership firms shall be attached.
3.

Location of the proposed Special Economic Zone:4.

Details of the proposed Special Economic Zone:(a)

Distance from the nearest Sea Port or Airport or Rail or Road head tothe proposed Special Economic Zone.

(b)

Indicate the area of the proposed Special Economic Zone (inhectares)(c)

To furnish the documents for possession if the applicant is owner ofthe land(d)

In the case of lease hold land, frunish the lease conditions.

(e)

If the land is not in ownership or possession, furnish activities being
taken for acquisition of land.

(f)Furnish whether the area is contiguous or not or whether there is any
thoroughfare or not .

5.

Proposed financial and investment details:(a)Cost of the lease of land, soil type and quality
i.e. waste and barren land, suitable for single crop or double crop etc.

(b)

Cost of proposed infrastructure, namely:(1)

Development of land(2)

Boundary walls, roads, drainage, water supply,
electricity, etc(3)

Ready built up factory premises (Rental factory)
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67

( c)

(4)

Port

(5)

Airport(6)

Others, (if any, in details).

Total investment(In US$)

6.

Financial situation(a)

Paid up equity capital

(b)

Loan

(c)

External Commercial Loan, if any, furnish in details(d)Other sources
Total

7.

8.

Foreign Direct Investment (FDI)(a)

Amount of investment(US$ million)(b)

Source of FDI (Country and Company in details).

Equity capital including foreign investment(a)

Authorized Capital (Amount in Thousand Kyat)(1)

Amount of Capital to be contributed(2)

Subscribed(3)Type of Capital

Note: If it is existing company, furnish the classification of the existing andproposed capital structure(b)

Pattern of share-holding in the paid-up capital (Amount inThousand Kyat) or (Thousand US $)confidentialconfidential
68
(1)

9.

Foreign shareholding(2)

Myanmar company/non-resident foreigner individual holding(3)

Resident holding

(4)

Total

Development of identified area as Special Economic Zone in Myanmar

furnishes the followings in details:
Area (in hectares)(a)

Proposed area for development of the Special Economic Zone(b)

Proposed area for Free Zone(c)

Proposed area for Promotion Zone(d)

Proposed area for production (to classify the production in Free Zone
and Promotion Zone)(e)

Development activities to be undertaken in the Special Economic
Zone, namely:(1)

Site development(2)

Demarcation(3)

Construction of roads(4)

Installation of water supply, waste water treatment andsewage systems

(f)

(5)

Power distribution system(6)

Telecom facilities(7)

Construction of factory buildings and warehouses(8)

Any other activity which may be required in the Free Zone.

Activities proposed in Promotion Zone, namely:
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69

(g)

(1)

Residential housing(2)

Commercial complex(3)

Recreation facilities(4)

Corporate Social Responsibility activities (in details)(5)

Others requirements

Standard operation and maintenance of the facilities proposed10.

To indicate exports produced directly and indirectly during the first five
year period.
(To attach a project report, and economic and commercial feasibility of the
proposal)
11.

Has the applicant obtained any permission or approval from the Union

Government for establishing any other Special Economic Zones , if so, details
may be given and/or whether any such application is pending by the Union
Government?
Place:
Date:
Name -------------Signature of the Applicant--------Tel.No------------------------------Fax-----------------------------------E-mail-------------------------------Web-Site, (if any) -----------------Full Residential Address----------

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70

UNDERTAKING
I/We hereby undertake to abide by the provisions of the Myanmar Special
Economic ZoneLaw,rules and orders made thereunder. I/We hereby declare thatthe above statements are true and correct to the best of my/our knowledge andbelief. I/We will abide by any other condition, which may be stipulated by theUnion Government. I/We fully understand that any Letter of Approval granted tome/us on the basis of the statement furnished is liable to cancellation or any otheraction that may be taken having regard to the circumstances of the case if it isfound that any of the statements or facts therein are incorrect or false. An
affidavit duly sworn in support of the above information is enclosed.
Place: -------------------Date: ---------------------Signature of the Applicant-------------Name (in Block Letters) --------------Designation------------------------------Official Seal/Stamp---------------------Tel. No-----------------------------------E-mail------------------------------------Web-Site-------------------------Full Residential Address----------------

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FORM –B

PERMIT FOR DEVELOPER OF THE SPECIAL ECONOMIC ZONE
[ Rule 25]
THE GOVERNMENT OF THE REPUBLIC OF THE UNION OF MYANMAR
THE MANAGEMENT COMMITTEE OF THE SPECIAL ECONOMIC ZONE

Date…………
To:
Subject:

Setting up of Special Economic Zone

Reference:Your proposal/s No............dated...............
Sir/Madame,
With reference to your above mentioned application, the Government of the
Republic of the Union of Myanmar approve your proposal for development,
operation

andmaintenance

of

the

SpecialEconomic

Zone

(SEZ)

at

............................village,.................District in the State of ......................., as per
details given below:
1.

PROPOSAL and PROJECT details:
To set up a Special Economic Zonewith the area of ..........at.............
( Place , District and Name of the State).

2.

DEVELOPER: .................. (Name of the developer)

3.

General Conditions:confidentialconfidential
72(a)

The Developer shall develop, operate and maintain the Special
Economic Zone in terms of the Myanmar Special Economic Zone
Law and the rules made thereunder.

(b)

The Developer shall implement and operatethe project in terms of
the Myanmar Special Economic Zone Law, rules and orders madethereunder.

(c)

The Developer shall obeyto the environmental requirements.

(d)

The Developer shall abide by the local Laws, rules, regulations andby-Laws in regard to area land planning, sewerage disposal,
environmental conservation, labourlaws and any other regional
activities.

(e)

The Developer may raise the required funds for establishment ofSpecial Economic Zone.If it is necessary to borrow external loan, heshall abide by the regulations of the Government of the Republic of
the Unionof Myanmar.

(f)

The Developer shall carry out the business within the approval
period 1 year. The report of business implementation and progress
report shall be

submitted to the Union Government every six

months.
(g)

The permit maybe suspended in case of violation of any regulations
and by-laws stipulated herein.

(h)The operation and maintenance of the services shall be made as per
the standards specified in the proposal and to the satisfaction of theusers.

(i)

The Developer shall haveadequate human resources to provide thefacilities.
confidentialconfidential
73(j)

The Investment charges may be negotiated and incurred between theDeveloper and Investor under the advice of the Management
Committee. This fact maybe altered under the agreement of the said
persons.

(k)

The Developer shall obtain the approval of the Management
Committee for enabling to carry out the development, operation andmaintenance of Special Economic Zone. After getting the approvalof the management committee and declaring as the Special
Economic Zone, the Developer shall be entitled for duty-free importor domestic procurement of goods for the approved activities.

(l)

In carrying out the permitted authorized operations mentioned in the
proposal, it shall be carried out in accordance with the restriction
mentioned in the Myanmar Special Economic Zones Law, rules andregulations thereof..

(m)

No duty-free goods shall be available for personal use of, or
consumption by officials, workers, staff or owners of the Investor or
Developer.

(n)

Normally, the implementation period of the business shall beallowed not exceeding three years. Any request, however, may beconsidered by the Central Body for the Myanmar Special Economic
Zone, on merits. Such request shall be appliedto the Union
Government within six (6) months before expiry of the approval
period.

4.

Privileges of Developer:(a)

The Union Government may grant the privileges to the Developer in
the implementation of the approved business according to section
40 and clause (a) of section 44 of the Myanmar Special Economic
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74
Zone Law (The Pyidaungsu Hluttaw Law No.1/2014) enacted on the
23rd January, 2014.
(b)

The other stipulations as approved by the Central Body as
mentioned in the Annex to this letter shall also be obeyed(c)

The Developer shall inform the acceptance of all facts mentioned
above within thirty days from the date of receipt of this letter. If
required to communicate, it shall be addressed to the Chairman of
the Management Committee.

(d)

The Developer may send the facts in detail, including the map indicating
the Special Economic Zone area permitted by the Union Government.

5.

The Developer shall submit

theinterests onimport, procurement andutilization of goods to the chairman of the Management Committee , based on
the Myanmar Special Economic Zone Rules.

Chairman
TheManagement Committee of the Special Economic Zone

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75

FORM –CAPPLICATION FOR EXTENSION OF VALIDITY OF BUSINESSOPERATION[ Rule 29]
1.

Name and address of the Developer:

2.

Letter of Permit No. and Date:

3.

Issuance Date of Permit:4.

Expiry date of permitof the Special

Economic Zone:
5

Whether application for extension has been made before the expiry date ofpermit or not ,if yes, date of application:

6.

Period of Extension:

7.

Whether the Special Economic Zone has been declared or not.If yes, dateof8.

Decleration:

If it isdeclared as the special Economic Zone, the Management Committeeof the Special Economic Zone shall declared as the Free Zone and thePromotion Zone:

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76
9.

Development project to beimplementated for 3 years performances ofbusiness shall be listed. List the default operations carried out likeboundary walls, preparation of site, administrative block, electrification,
roads, water pipelines, other authorized activities etc for implementing theSpecial Economic Zone shall be listed in descriptive details:

10.

Proposed time frame for completion of thework:

11.

Reasons forapplication of extension:
I/We hereby declare that the above statements are true and correct to thebest of my/our knowledge and belief. I/We will abide by any

othercondition, which may be stipulated by the Government of the Republic of
the Union of Myanmar. I/We fully understand that any Letter of permit
issued to me/us on the basis of the statement furnished is liable tocancellation or any other action that may be taken having regard to thecircumstances of the case if it is found that any of the statements or facts
therein is incorrect or false.
Place: ----------------Date: -----------------Signature of the Applicant-------------Name (in Block Letters)---------------Designation------------------------------Official Seal/Stamp---------------------Tel. No-----------------------------------E-mail------------------------------------Web-Site, if any-------------------------Others------------------------------------confidentialconfidential
77
Full Residential Addres-----------------

Permission of the Chairman of the Management Committee
The proposal has been examined and my permission is as follows:Signature of the Chairman of the Management Committee

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78

FORM-DQUARTERLY REPORT TO BE FURNISHED BY THE DEVELOPER TO
THE MANAGEMENT COMMITTEE[ Rule 30]
PERIOD OF REPORTING:QUARTERLY (APRIL-JUNE)(JULY-SEPTEMBER) (OCTOBERDECEMBER) (JANUARY-MARCH)
1.

Name and address of the Developer

2.

Permit No. and Date

3.

Details of Authorized Operations approved by the Central Body

4.

Land
(a)

Proposed total areas (b) Areas
development plans (c)

5.

now

in

possession

andfutureArea earmarked for processing area(d)

Details of processing area developed(a)

Details of imports or procurement of goods made for Authorized
Operations, from inception till last quarteropening(b)balance

Details of imports or procurement of goods made for Authorized
Operations during the current quarter(c)

Details of consumption of goods imported or procured [(a)+(b)]confidentialconfidential
79(d)

Details of imported goods held in stock at the end of the quarter(a) +(b) - (c)6.

Details of infrastructure developedin the processing area andprocessing area

7.

Other details of progress of implementation of the project(SIGNATURE)
Developer

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80
FORM-EAPPLICATION FORM FOR SETTING UP BUSINESS IN SPECIAL
ECONOMIC ZONE
[Rule 47]
Reference:
Date:
PART – I

1.

Applicant(a)Name of the applicant/ company

(b)

Full

addressoftheRegistered

Office/Head

Officeforapplicant/company(c)Tel. No.

(d)Fax No.

(e)

Web-Site (if any)(f)

Official Representative
Name(Male/Female)
Date of Birth
CitizenPassport No. , Issued Organization and Issued Date-------------------------------------------------------------------------------------------------------------------------------------------

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81
Designation
Permanent address
Home Address
Telelphone No.
Fax(g)

Authorized capital and permitted capital(h)Business to be undertaken actually (Types of business)(i)

Types of Production / Services(j)

The location of business and the type of business in each situation(Including the business in foreign)(k)Number of Staff (origin country/others)(l)Company History (Summary)(m)

The specific facts of Company(n)

The files attached with
(1)

Memorandum of Association and Articiles of Association (ifit is a company, express in English)(2)

The pamphlet of company(3)

The report by Certified Public Accountant (describe for 3
years)

2.

Businesstobeundertaken

inthe

SPECIALECONOMIC

According to the current programme, describe the followings(a)Company to undertaking a business(b)

Address of the Head Officeconfidential

ZONE

confidential
82(c)Legal Representative

(d)

(e)

(1)

Name

(2)

(Male/Female)(3)

Date of Birth(4)

Citizen(5)

Passport No.,Issued Organization and Issued Date

(6)

Designation(7)

Permanent address(8)Home Address(9)

Telelphone Number (in Myanmar)

(10)

Fax

Applied type of business (to make mark)(1)

Business within Free Zone

(2)

Free Zone Activity(3)

Business within Promotion Zone

(4)

Other Activities

Type of business:-Production-Service.

(f)

Location of the business and land area to be used(g)

Period to do business(h)

Factory construction plan(i)Type of production and service
confidentialconfidential
83(j)Initial capital to do the business(Kyat in thousand orUS$ in thousand)Foreigner

Citizen

Total

Permitted Capital(Percentage)
Foreign Loan
(Percentage)
Total(Percentage)
Remark: To furnish the name of borrower, period of loan, interest rateand(k)plan for repayment, if it is foreign loan.

Contribution of the main shareholder to Authorized capital(Kyat in thousand or US$ in thousand)(l)Name ofContribution

Shareholder

AmountForeigner/Citzen

Share
Percentage

Sales, Profit and Loss (Kyat in thousand or US$ in thousand)confidentialconfidential
84
1st year 2nd year

3rd year

4th year

5th year

Balance
ExportDomestic
Machinary
ExportDomestic
Gross Profit
Management Cost
Profit Before Tax
Note: Year means an operation year after the commercial operation.
(m)Capital goods to be used in the business. (Goods and machinery, others)
Capitalgoods,
machinery andothersNumberRemark (detail description,(Unit)

special characteristics etc:)

Import materials

Localpurchasing
Import materials

confidentialconfidential
85
Localpurchasing
Import materials
Localpurchasing
Note: The Management Committee shall formulate forms for next
steps in the registration of details of the import materials to be usedin the business.
(n)

Raw materials/ other inputs to be used in the business(Unit)
Component

Quantitymaterials/ Semifinished goods/
Raw material

1st year

2nd year

3rd year

4th year

5th year

Importmaterial
Localpurchasing
Note: Year meansan operation

year after commercial operation. The

Management Committee of---------Special Economic Zone shallformulate the details including components, semi-finished goods,
raw material with forms for next steps.
(o)Process of Production and explanation(p)

Appointment ofemployee
confidentialconfidential
86(Employment)Year

Occupation

Foreigner

Citizen

Total

Administration
Expert
1st yearLabourTotal

2nd year--

3rd year--

4th year--

5th year

-

-

(q)

Requirement of Infrastructure
Requirement amountInfrastructure

InitialPeriod(1)Water(in Cubic

Normal Operation

meter)(a)For manufacturing process(b)Fordrinking purpose(c) Others(to mention)(d) Total requirement(2)Electricity (Describe by KVA)
(3) Participation of foreigners (Describe briefly if it is done byagreement and not necessary to mention in money valueconcluded)(a)(b)

Technicial Agreement

License Exchange Agreement
confidentialconfidential
87

(r)

(c)

Administrative Agreement(d)Market Cooperation Agreement(e)OthersEnvionmental conservation and protection plan and reduction of social
impact(s)(1)

Volume and nature of solid waste and plan for disposal(2)

Describe if there is a system for waste management

Plan for dormitory, transport, lunch and other supplementary rights(Furnish current plan)(t)

Vocational training programme to support citizen workers (Furnish
current plan)(u)Other Factors(1)

If the applicant was issued license in accordance with the Foreign
Investment Law, the complete facts, reference, issued date, typeof products and progress report of the each project which are
relating to the license.

(2)

Describe if the applicant, or the shareholders or the directors ofother companies or organizations were prohibited to obtainlicense in occordance with the Foreign Investment Law or
Foreign Trade Law or Foreign Exchange Management Law or
Customs Acts.

Place
Date
Signature of the Applicant----------------Name-----------------------------------------UNDERTAKING
confidentialconfidential
88
I/We hereby declare that the above statements are true and correct to thebest of my/our knowledge and belief. I/We shall abide by any other condition,
which may be stipulated by the Chairman of the Management Committee.
I/We fully understand that any permit and permission granted to me/us on
the basis of the statement furnished is liable to cancellation or any other actionthat may be taken having regard to the circumstances of the case if it is found thatany of the statements or facts therein are incorrect or false.
I/We shall strictly follow the provisions stipulated by the developer in the ----- zone of ------- Special Economic Zone and also follow the policy of anticorruption.
Place:

Signature of the Applicant------------------

Date: ___________Name in Block Letters---------------------Designation----------------------------------Official Seal/Stamp ------------------------Tel. No.--------------------------------------E-mail----------------------------------------Full Address--------------------

PART-IIIf sub-contracting is envisaged in the manufacturing operations, furnish
following details:
confidentialconfidential
89(i) Sub-contracting permission is required for :(a) part of the production process (quantity)(b) any particular production process (give details)(ii) Name and address and other particulars of sub-contractor (if there is the
sub-contractor )(a)Domestic Tariff Area(b)

Business in Promotion Zone(c)

Free Zone Activities(d) Other Special Economic Zone Activities

FORM-F
PERMIT OF INVESTMENT BUSINESSTHE MANAGEMENT COMMITTEE OF THE SPECIAL ECONOMIC ZONE

confidentialconfidential
90[ Rule 50]........................ Town
Dated............................
Subject: Proposal for setting up a Business in the Special Economic Zone
Reference: Application No. …of ….Company.dated..........
Dear Sirs,
With reference to the above mentioned application, the Management Committee.......Special

Economic

Zone

permits…..Company

todoinvestment

businesssubject to the provisions of the Myanmar Special Economic Zones Law
and the rules and orders ....... for undertaking Authorized Operations,especiallyservices ,including manufacturing and trading as under:
Authorized Operations
1. Items of manufacture:
2. Service activities:
Authorized Location of Business

1. Free Zone
2. Promotion Zone
Supports for Investment
If the approval of the Management Committee of Special Economic Zone has
been obtained, the Authorized Operations of the relavant company is allowed toentile the privileges under Sections 32, 44 and 49 of the Myanmar Special
Economic Zone Law. Terms and Conditions:(i)

It shall export the manufactured goods, import, and procure for trading
and services under the provisions of the Myanmar Special Economic
confidentialconfidential
91
Zones Law and Rules ;(ii)

It shall abide by facts laid downby the Enveronmental Conservation
Department for not impacting the environment.;(iii)

It may import or procure all the goods all the items in the Domestic
Traffic Area, except those prohibited by the Management Commmittee;(iv)

It may export or sell goods or services in the Domestic Tariff Area,inaccordance with the provisions of the Myanmar Special Economic
Law, rules and orders;(v) Thispermit is valid within a period of 3 years from its date of issue. It
may implement

the Authorized

Operations and the projectswithin 3 year period.extended period ;(vi)Date of commencement of Authorized Operation shall be
intimated to the Chairman of the Management Committee;(vii)This Permit shall be valid throughout the validity period or extended
validity period of the Authorized Operation;(viii) The permit shall be decided based on the detail proposal furnished by
the investor.;(ix)

The provisions of Myanamar Special Economic Zones Law, rules andorders shall be abided by and exercised.;(x)

If the authorized operation may not commerce within validity period or
extended period to carry out ,the permit of such operation shall be voidat the time of the end of the validity period;(xi)

If it fails to comply with the above conditions stipulated , the permit
shall be avoided ;confidentialconfidential
92(xii) If it is required to alter the terms and conditions of the permit, it shallbe addressed to the Chairman of the Management Committee.
Notification of the situations and restrictions
1. Taking a foreign loan or other conduct to borrow or making documents
there are assumed to take a loan without prior approval of the Central
Bank shall not be allowed and conditions stipulated by the Central Bank
shall be abided. It should be learnt of the para 48 to 52 contained in
Foreign Currency Exchange Management Procedure promulgated in30th September, 2014 relating to taking a foreign loan.
2. Theinvestor

shall

take

the

building

permitoftherelevant

departments,the certificate of the fire security, and the permit of theenvironment conservation from One Stop Service Centre of Special
Economic Zone before building factory.

Chairman,the Management Committee............. Special Economic Zone
Copy forwarded to:Vice Chairman ...........Special Economic Zone

FORM-GQUARTERLY PERFORMANCE REPORT TO BE SUBMITTED BY THE
INVESTOR TO THE MANAGEMENT COMITTEE
confidentialconfidential
93[Rule 74]
PERIOD OF REPORTING: (APRIL-MARCH)
Period.........
Part – I
1.

Name of the Investor:

2.

Item of manufacture/service activity:

3.

Export(a)(In thousand MMK)FOB value of exports for the Year
(Indicate items of exports)

4.

(b)

Cumulative value of exports for the five-year period(c)Countries of exports

Import(a)(In thousand MMK)

Raw materials and other inputs utilized(1)

Opening balance of imported raw materials, consumables,
components, packing materials etc.

(2)

Cost, Insurance and Freight (CIF) value(3)

Cumulative value ofimports for the five year period (a+b)(4)

The value of goods and services received from other investor
in Special Economic Zone during such quarterly or the above
import.(5) Total (c+d)

confidentialconfidential
94(6)

The value of goods and services transferred to other investors
in the Special Economic Zone during such quarterly period or
the above imports(7)(8)

Closing balance of the above imports.

Import and value of components acutally utilized during
quarterly period {(e)-[f+g]}(b) Capital goods(1)Cost, Insurance and Freight (CIF) value ofimports(2)

Value of imported capital goods and components received
from other Investors in Speical Economic Zone during
quarterly period(3)

Total (1+2)(4)

Value of imported capital good, andquarterly period (3+4)(5)components during

Total value of imported capital

goods and components during quarterly period (3-4)(6)

Proportionate amortized value of imported capital goods taken
for Net Foreign Exchange Earnings calculations.

5.

Other outflow of Foreign Exchange (Royalty, technical know-how fee,
repatriation of Dividend/Profits, Payment of Sales Commission, Interest on
overseas borrowings, etc.) during quarterly period

6.

Total outflow [4.A (8) +4.B (6) +5]

7.

Net Foreign Exchange Earnings for quarterly period [3(a)-6]8.

Net Foreign Exchange earning position at the end of previous year

9.

Cumulative Net Foreign Exchange Earnings for the five year period [7+8]confidentialconfidential
95

Part - II1.

2.

Domestic Tariff Area Sales Value(a)Sale of finished goods/services(b)

Sales of rejects(c)Sale of by-product(d)Sale of Waste/Scrap

(e)

Total

Capital structure of the enterprise
(a)

(b)

Capital(1)

Authorised capital(2)

Paid up capital

Overseas investments:(1)

Approved(2)

Actual Inflow during the year

(3)

Cumulative actual investment for 5 years
confidential(In thousand MMK)

confidential
96
3.

Employment Male/ Female

4.

Investment in the Special Economic Zone

(in thousand MMK)(a)

Building: ...........................................

(b)

Plant and Machinery: ...........................................
(1)

Internal : ...........................................

(2)

Import(Cost,

InsuranceandFreightvalue):...........................................
(3)
5.

Total (1) + (2): ...........................................

Other Information(a)Foreign commercial borrowing pending at the end of last
year:

(b)

(1)

Loans less than three years; (Amount in $)(2)

Loans more than three years; (Amount in $)Cases

pendingforobtainingtheforeignexchange

realization, if any.
Date of export………………….
Name of importer …………….
Address…………………………
Total Amount…………………………
(SIGNATURE)
with Seal of Co.
Note: The information given in the formats should be authenticated by the authorized
representative of the Investor and certified by a Certified Accountant.
confidentialconfidential
97

FORM-HPERMANENT IDENTITY CARD (ID card)[ Rule 220]
Serial Number:

Date of Issue:

PHOTO

Valid until:
1.

Name of the Unit (as mentioned in photo) or Name of the Contractor (asmentioned in the photo of temporary registration card), address and License
number.
2.

Name of the Card Holder

3.

Designation
Signature of the Officer……………………..
Management Committee

INSTRUCTIONS
1.

This card should be worn by the pass holder all the time inside the Free

Zone.
2.

This card is not transferable.

3.

This card shall be shown when it is asked by the Security and Customs(responsible person) staff.
4.

The card holder and his/her vehicle should be checked for Security purposeat the gate.
confidentialconfidential
98
5.

The loss of this pass shall immediately be reported to the Security Officer.

6.

This card shall be surrendered to the Security Officer,when it is being on

expiry.

confidential

ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE
The Government of the Republic of the Union of Myanmar
Ministry of Environmental Conservation and Forestry
Notification No. 616 / 2015
Nay Pyi Taw, the 3rd Waning Day of Nadaw, 1377 M.E.
(29 December, 2015)

The Ministry of Environmental Conservation and Forestry,in exercise of
the power conferred by sub-section (b) of Section 42 of theEnvironmental Conservation Law, hereby issues the following
Procedure.

CHAPTER I.
Title and Definitions
1.

This Procedure shall be called the Environmental Impact
Assessment (EIA) Procedure.

2.

The expressions contained in this Procedure shall have the same
meanings as are assigned to them under the Environmental
Conservation Law and Rules. In addition thereto, the following
expressions shall have the meanings given hereunder:(a)Project means any commercial, economic, agricultural, social,academic, scientific, political or other project, activity, program,business, service or undertaking, whether regarded individually orin the aggregate, the performance of which requires any approval
or is licensed, restricted, or otherwise regulated to any extent by
any part of the Union Government and which may have an
Adverse Impact.
(b) EIA Type Project means a Project judged by the Ministry as
being likely to have potential for Adverse Impacts. It means
generally those which:Involve multiple components and many or varied pollution
sources and/or pollutant types, requiring integrated EMP to
be tailored specifically to mitigate such pollution;

Are characterized by a high risk of significant, adverse
environmental or social impact;
Are of a type or size for which there is a lack of priorknowledge and experience as to what the potential adverse
impacts may be and their size or significance; orWhere the significance of the potential environmental orsocial impacts or the sensitivity/vulnerability of the recipientsof those impacts requires a high level of environmental andsocial management expertise and skills, and continued strict
control and supervision throughout the life of the Project.
(c)Initial Environmental Examination or IEE Type Projectmeans a Project judged by the Ministry to have some Adverse
Impacts, but of lesser degree and/or significance than those for
EIA Type Projects. It means generally those which:
Are limited in scope or size;
Have well known environmental and social impacts that forthe most part are temporary, local and reversible; orHave impacts which can be mitigated and managed by wellproven and available technologies and practices but withrespect to which specific controls, measures andalternatives must be assessed, designed and implemented.
(d) Non IEE or EIA Type Project means a Project which isneither an IEE Type Project nor an EIA Type Project.
(e)Complex Project refers to a Project that has substantial
impacts on the environment, which may include impacts beyond
the borders of the jurisdiction under consideration, or acumulative impact on other projects, or in which complex
technology is applied.
(f)Project Affected Person or PAP means a natural person,
legal entity, or organization that is, or is likely to be, directly or
indirectly affected by a Project or a proposed Project, including
without limitation effects in the nature of legal expropriation ofland or real property, changes of land category, and impacts on
the ecological and environmental systems in the settlement areasof such person, entity or organization.

(g)Adverse Impact means any adverse environmental, social,socio-economic, health, cultural, occupational safety or health,and community health and safety effect suffered or borne by any
entity, natural person, ecosystem, or natural resource, including,but not limited to, the environment, flora and fauna, where such
effect is attributable in any degree or extent to, or arises in any
manner from, any action or omission on the part of the Project
Proponent, or from the design, development, construction,
implementation, maintenance, operation, or decommissioning of
the Project or any activities related thereto.
(h)Environmental Impact means the probable effects orconsequence on the natural and built environment, and people
and communities of a proposed Project or businesses or activities
or undertaking. Impacts can be direct or indirect, cumulative, andpositive or adverse or both. For purposes of this Procedure,
Environmental Impacts include occupational, social, cultural,socio-economical, public and community health, and safetyissues.
Moreover, social
impacts
includeInvoluntary
Resettlement and relating to Indigenous People.
(i)Cumulative Impact in relation to a Project means the impact or
impacts of a Project that in itself or themselves may not besignificant but may become significant when added to the existingand potential impacts eventuating from similar or diverse Projects
or undertakings in the same geographic area or region.
(j)Best Available Techniques or BAT means the most effective
and advanced stage in the development of activities and their
methods of operation which indicate the practical suitability ofparticular techniques for providing in principle avoidance,
prevention, reduction, mitigation and compensation as the basis
for Emission Limit Values designed to prevent and, where that is
not practicable, generally to reduce emissions and the impact on
the environment as a whole, where:‘Best’ shall mean most effective in achieving a high generallevel of protection of the environment as a whole;‘Available’ techniques shall mean those developed on ascale which allow implementation in the relevant industrial
sector, under economically and technically viable conditions

taking into consideration the cost and advantages, as longas they are reasonably accessible to the operator; and‘Techniques’ shall include both the technology used andthe way in which the installation is designed, built,
maintained, operated and decommissioned.
(k)Good Practice means that practice which is recognized by aconsensus of relevant stakeholders (including without limitation
government, industry, labour, financiers, and academia) as
having been adopted by leading, reputable companies ofinternational standard, which is capable of being adhered towithin the Republic of the Union of Myanmar, and which, when
carried out by or in respect of the Project, can be expected further
to reduce the Adverse Impacts arising from the Project andactivities related thereto.
(l) Alternativesin relation to a proposed Project, means different
realistic and feasible means of meeting the general purpose andrequirements of the Project, which may include lower-impact
alternatives to:i)the property on which or location where it is proposed toundertake the Project,ii)

the type of Project to be undertaken,iii)

the design or layout of the Project,iv)

the technology to be used in the Project,v)

the operational aspects of the Project, andvi)

any other substantive characteristic or aspect of the Project
as deemed necessary or appropriate by the Ministry.

(m)Biodiversity means the variability among living organisms
from all sources including, inter alia, terrestrial, atmospheric,and
marine and other aquatic ecosystems and the ecologicalcomplexes of which any such ecosystem is a part; this includes
diversity within species, between species, and of ecosystems.
(n)Emission means the direct or indirect release of any emission
from individual or diffuse sources into the air, water, land or any

subterranean area. Emissions include emissions of solid waste,effluent, gas, noise, odor, light, radiation, vibration or heat.
(o)Emission Limit Values or ELV is a figure specifying theconcentration or load of a pollutant allowed to be emitted ordischarged to the environment from a specific installation in agiven period of time or per unit of production.
(p)IEE Report means a report on an IEE Type economic activity
prepared in accordance with the requirements stipulated in Article
36 and having a focus on: systematic identification andassessment of potential Adverse Impacts including Cumulative
Impacts of the proposed Project, business, service or activity;
systematic assessment of feasible Project alternatives; anddetermination of appropriate measures to mitigate potential
Adverse Impacts. IEE Reportshall include an EMP.
(q)EIA Report means a report on an EIA Type economic activity
prepared in accordance with the requirements stipulated in Article
63 and having a focus on: systematic identification andassessment of potential Adverse Impacts including cumulative
impacts of the proposed Project, business, service or activity;
systematic assessment of feasible Project alternatives; anddetermination of appropriate measures to mitigate potential
Adverse Impacts. EIAReport shall include an EMP.
(r)EIA Report Review Body means that body to be formed by
the Ministry in accordance with Article 58 of the Rules, comprisingtechnical experts from relevant government departments,
government organizations, technical organizations and civilsociety responsible to review and provide comments andrecommendations on an EIA Report.
(s)Construction Phase EMP means a detailed andcomprehensive EMP for the construction phase of a Project. Suchplan shall present all relevant commitments, Emission Limit
Values,Environmental
QualityStandards
andother
environmental requirements. The plan shall include a descriptionof the construction works,installations, and infrastructure, andshall present an overview of Adverse Impacts, present mitigation
measures and monitoring programs together with time schedules,
projected budget use, overview maps, images, aerial photos,
satellite images, site layout plans, cross-sections, transects,

environmental management and monitoring sub-plans for eachconstruction site, thematic sub-plans, and management
procedures, as appropriate.
(t)Operational Phase EMP means a detailed and comprehensive
EMP for the operational phase of a Project. Such plan shallpresent all relevant commitments, Emission Limit Values,
Environmental Quality Standards and other environmental
requirements. The plan shall include a description of the Project
operations, installations, and infrastructure, and shall present an
overview of Adverse Impacts, present mitigation measures
together with time schedules, projected budget use, overview
maps, images, aerial photos, satellite images, site layout plans,cross-sections, transects, environmental management andmonitoring sub-plans for each Project site, thematic sub-plans,
and management procedures, as appropriate.
(u)Environmental Compliance Certificate or ECC is adocument having legal effect, through which the Ministry
approves an IEE Report, an EIA Report, or an EMP.
(v)Indigenous People means people with a social or cultural
identity distinct from the dominant or mainstream society, whichmakes them vulnerable to being disadvantaged in the processesof development.
(w)Involuntary Resettlement means the mandatory physicaldisplacement of a PAP from their home arising from a Project, orthe unavoidable loss by a PAP of productive or incomegenerating assets occasioned by a Project.
(x)Ministry means the Ministry of Environmental Conservation
and Forestry.
(y)Department
Department.

means

the

Environmental

Conservation(z) Project Proponent means any natural person, legal entity, ororganization, from the public or private sector, intending toundertake, or having commenced to undertake, as relevant, aProject or any aspect of a Project (including study, survey,
design, development, pre-construction, construction, operation,
decommissioning, closure, and post-closure) within the territorial
borders of the Republic of the Union of Myanmar, and during theperiod of such undertaking which has an ownership interest (legal
or equitable) in the Project, or which intends (or could reasonably
be expected to intend) to derive financial or other benefits fromthe Project of the sort which an owner would ordinarily derive.
(aa)Project Proposal means a written document, in form, content
and structure in accordance with the Ministry’s requirements andguidance, accurately setting forth the key aspects and relevant
details (including, inter alia, the nature and size of all known orforeseeable Adverse Impacts) of a Project or Project expansion,as the case may be, which a Project Proponent wishes toundertake, or having commenced to undertake.
(bb) Rules means the Environmental Conservation Rules.
(cc)Residual Impacts meanspredicted or actual Environmental
Impacts that remain after mitigating measures have been applied,
including after Project closure.
(dd)Scoping means the process contemplated in Chapter Vof
this Procedure for determining the scope of an EIA (i.e. the datathat need to be collected and analyzed to assess the potential
Adverse Impacts of a Project) and producing a terms of reference(ToR) for preparation of an EIA Report.
(ee) Prior Permission means the permission issued by the
Ministry in respect of Projects listed in Annex 1 ‘Categorization of
Economic Activities for Assessment Purposes’, setting forthenvironmental conservation terms and conditions in accordancewith Section 24 of the Law.
(ff) Inspector means any consultant assigned by the Ministry,
and the Department’s own officers at national, regional, state,
Nay Pyi Taw Union Territory and/or local offices, to conduct
monitoring and inspections of a Project and activities related
thereto in order to control and determine compliance by the
Project with all applicable environmental and socio-economical
requirements and, where possible, to prevent violations of the
Project’s obligations according to the Procedure. The Ministry
may also, for the implementation of monitoring and inspections,enlist the assistance of officers from other relevant government
departments and organizations according to the Procedure.

(gg) Strategic Environmental Assessment refers to a range ofanalytical and participatory approaches that aim to integrate
environmental into policies, plans and programs and evaluate theinter-linkages with economic and social considerations. The
principle is to integrate environment, alongside economic andsocial concerns, into a holistic sustainability assessment.

CHAPTER II.
Establishment of the Environmental Impact Assessment Process3.

Pursuant to Section 21 of the Law and Articles 52, 53 and 55 of
the Rules, all Projectsand Project expansions undertaken by any
ministry, government department, organization, corporation,board, development committee and organization, local
government or authority, company, cooperative, institution,enterprise, firm, partnership or individual (and/or all Projects, fieldsites, factories and businesses including expansions of such
Projects, field sites, factories and businesses identified by the
Ministry, which may cause impact on environmental quality andare required to obtain Prior Permission in accordance with
Section 21 of the Law, and Article 62 of the Rules) having thepotential to cause Adverse Impacts, are required to undertake
IEE or EIA or to develop an EMP, and to obtain an ECC in
accordance with this Procedure.

4.

Any Project, field site, factory or business which is identified by
Section 21 of the Law and Article 62 of the Rules requires Prior
Permission, including those which exist prior to the issuance of
this Procedure.

5.

In accordance with Article 68 of the Rules, small-scale Projects,
field sites, factories or businesses which are not specifically
identified by the Ministry, but which may impact on environmental
quality and as such are required to obtain Prior Permission inaccordance with Section 21 of the Law or Article 62 of the Rules,
and which are also not included in Annex 1 ‘Categorization of
Economic Activities for Assessment Purposes’, shall obtain therecommendation of the Department as to whether or not such a
Project has Environmental Impacts and shall comply with theterms and conditions prescribed by the Department beforeapplying for a permit or license from the relevant ministry or
governmental organization.
6.

The ECC issued by the Ministry shall reflect any terms andconditions that are contained in any relevant Prior Permission.

7.

Projects that involve Involuntary Resettlement or which may
potentially have an Adverse Impact on Indigenous People shallcomply with specific procedures separately issued by the
responsible ministries. Prior to the issuance of any such specificprocedures, all such Projects shall adhere to international goodpractice (as accepted by international financial institutions
including the World Bank Group and Asian Development Bank)on Involuntary Resettlement and Indigenous Peoples.

8.

Any Project already in existence prior to the issuance of theRules, or the construction of which has already commenced prior
to the issuance of the Rules, and which, in either case, shall be
required to undertake, within the timeframe prescribed by the
Department, an environmental compliance audit, including on-site
assessment, to identify past and/or present concerns related tothat Project's Environmental Impacts, and to:a) develop an EIA or IEE or EMP;b) obtain an ECC; andc) take appropriate actions to mitigate Adverse Impacts inaccordance with the Law, the Rules, and other applicable
laws.

9.

Any Project already in existence prior to the issuance of theRules, or the construction of which has already commenced prior
to the issuance of the Rules, shall be required to carry out an IEE
or EIA as determined by the Ministry in accordance with thisProcedure in respect of any proposed extension or expansion ofsuch Project which would increase the Project size or production
or would necessitate additional construction, renovation,
installation or other extension or expansion related activities, if
the nature and scale of such extension or expansion are suchthat, regarded as an independent Project without reference to thenature or scale of the Project already in existence or underconstruction, they would have been subject to the requirement tocarry out an IEE or EIA. If no IEE or EIA is required to be carriedout in respect of such Project extension or expansion, then the
EMP and ECC for such Project shall be revised as necessary
within the timeframe prescribed by the Department to take into
consideration such extension or expansion.
10.

IEE or EIA Type Projects funded with external aid which havebeen approved by the Parliament prior to the issuance of theRules and which must be implemented within a predetermined
period of time, and IEE or EIA Type Projects implemented by any
ministry or government organization by itself or cooperatively or
jointly with other organization, shall:a) if construction has already commenced prior to the issuanceof the Rules, comply with Article 8or shall,b) if construction has not yet commenced prior to the issuanceof the Rules, be required to carry out an IEE or EIA as thisProcedure may require and within the timeframe prescribedby the Department, and shall obtain the relevant ECC prior
to the submission of such Project to the Cabinet.

11.

Any expansion in respect of a Project implemented after theissuance of the Rules and which does not require an IEE or EIA(as the case may be), but such expansion would cause that
Project to require an IEE or EIA (as the case may be), then the
Department shall determine whether an IEE or EIA (as the casemay be) of that Project shall be required and/or whether an
updated, revised EMP shall be required, and then report to the
Ministry.

12.

For any preliminary activities to be carried out by or on behalf of a
Project Proponent before the Ministry has determined whether
the Project is obliged to carry out an IEE or EIA, the Ministry shallhave the right to establish and impose requirements with respect
to those preliminary activities, which the Project Proponent shallbe obliged to comply with as a prior condition to engaging in
those preliminary activities such as to ensure that suchpreliminary activities do not cause Environmental Impacts.

13.

The Project Proponent shall:a) arrange for appropriate public consultation through allphases of the IEE and EIA process as required by Articles
34, 50, and 61, andb) disclose to the public in a timely manner all relevant Projectrelated information in accordance with this Procedure exceptthat which may relate to National Security concerns as
informed by the Ministry.
14.

The Ministry shall be responsible for the application andinterpretation of this Procedure.

15.

The Ministry has the power and exclusive authority to:a) define Project screening criteria;b) approve technical guidelines for IEE and EIA;c) review and approve IEE Reports;d) provide guidelines for and approve the ToR of EIA;e) review and approve EIA Reports;f)review and approve EMP, Construction Phase EMP andOperational Phase EMP;g) determine and impose Environmental Impact related
conditions which will be applicable to any approval of an
IEE, EIA or EMP;h) monitor and enforce compliance with the conditions set forthin an ECC and monitor and enforce the implementation of
EMP, including any amendments thereof occasioned oncethe detailed design of the proposed Project has been
finalized or by or on account of experience during
implementation of the Project;i)

require any Project to update its EMP and to submit such
updated EMP to the Ministry for review and approvalaccording to a schedule defined by the Ministry;j)identify and notify the registration conditions and/or
procedures for a Third Person or Organization who wishes
to undertake IEE or EIA; andk) perform other duties and functions relating to IEE and EIA
as stipulated by the Union Government.

16.

The EIA Report Review Body shall have the following
responsibilities:a) When requested by the Ministry, to review the EIA of any
Project.
b) Within the timeframe prescribed by the Ministry, to prepare
an EIA Review report in regard to an EIA Report.
c) In each case, prescribe the scope and content of the EIA
Review report. Such scope and content may include, among
other things, assessments of the following questions:(i)

Does the EIA Report comply with this Procedure?

(ii)

Does the EIA Report comply with the Scoping Report
and the ToR for the EIA?

(iii)

Does the EIA Report comply with explicit guidelines,
standards, timing and criteria for review?

(iv)

Does the EIA Report recognize and consider the viewsof stakeholders?

(v)

Is the EIA Report complete? Does it contain sufficient,suitable and reliable information?

(vi)

Have all applicable environmental and social
requirements been adequately identified, addressed,
referred to and fully complied with in the preparationand content of the EIA Report?

(vii)

Have all foreseeable Adverse Impacts been identified
and addressed in the preparation and content of the
EIA Report?

(viii)Is it likely that the measures to prevent, mitigate orminimize Adverse Impacts of the Project specified in
the EIA Report will ensure that the environmental
requirements will be fully complied with?

(ix)

Are the measures to prevent or minimize pollution fromthe Project effective and based on BAT and Good
Practice?

(x)

Are there any measures or procedures which are noncompliant, or which risk leading to non-compliance,with environmental and social requirements?

(xi)Can the Project as described and presented in the EIA
Report be constructed and operated without causing
unacceptable Adverse Impacts?

d) The EIA Review report shall identify any defects in the EIA
investigations or in the EIA Report and shall give
recommendations as to which further studies, investigations,consultations or assessments the Project Proponent must
undertake and report.
e) The EIA Review report shall, where relevant, give
recommendations on conditions of the ECC.
f)

If requested by the Committee or the Ministry, the EIA
Report Review Body shall present its findings at a meeting.

Requirements concerning Third Person or Organization
undertaking IEE and EIA17.
(a) If specific terms, conditions and/or registration procedures
have not been separately issued by the Ministry, any Third
Person or Organization, whether foreign or domestic, whowishes to prepare an IEE and EIA shall first apply to the
Department together with the information and supporting
evidence indicated below, to complete such registration.
Such application shall include:i)the name, contact address and profile of the person ororganization,ii)

relevant experience of the person or organization, andiii)

for key personnel, an outline of each person's
experience in the field of environmental assessment,
academic credentials, relevant certificates andaccreditations.

(b) If specific terms, conditions and/or registration procedures
have been separately issued by the Ministry, any Third
Person or Organization who wishes to prepare an IEE or
EIA shall first apply to the Department in accordance withthe terms, conditions and/or procedures for suchregistration.

18.

The Department will review the materials submitted by applicantsseeking to be registered in accordance with Article 17, in order todetermine each applicant's suitability to carry out suchassessments. Based upon the materials submitted by anapplicant, the Department may register the applicant as deemed
to be suitable on payment of the application fee or may refuse toregister the applicant if deemed to be unsuitable in accordancewith Ministry guidance. Any applicant whose registration
application has been rejected may re-apply for registration after
the applicant has resolved or corrected the defect(s).

19.

Registration, once completed, shall be valid for a period of three(3) years. Three (3) months prior to expiration of registration, theapplicant may apply to the Department for an extension. The
Department can extend the registration, with the approval or the
Ministry, and on payment of the registration fee.

20.

With the guidance of the Ministry, the Department may suspend
or cancel the registration of any person or organization who has
been registered in accordance with Article 18or any priorrequirements, and may impose such other corrective or punitive
measures as may be lawfully available to it, if the Department
determines that such person or organization has violated any
provision of Republic of the Union of Myanmar law, or if theassessments of such person or organization contain significant
errors or are materially misleading or have not been prepared inaccordance with recognized standards generally applicable tosuch work and services and/or relevant provisions of the Law, theRules, this Procedure or other applicable Republic of the Union of
Myanmar laws. A notification of suspension or termination ofregistration shall be issued.

21.
(a) Noperson or organization who/which has not beenregistered by the Department shall prepare, submit or allow
the submission to the Ministry of any EIA Reportcontemplated in this Procedure.

(b) Persons or organizations who/which are in the process of

preparing an EIA Report contemplated in this Procedure
prior to the issuance of this Procedure are required tocomplete registration within three (3) months of issuance of
the Procedure.
22.

The Department shall maintain and publish from time to time a listof all persons and organizations who/which have been registeredby the Department for the preparation of IEE Reports andEIA
Reports.

CHAPTER III.
Screening
23.
(a) The Project Proponent shall submit the Project Proposal to

the Ministry for Screening. In accordance with thisProcedure, the submission of the Project Proposal for
Screening is the same as the submission of an application
for Prior Permission.
(b) The

Ministry will send the Project Proposal to the
Department to determine the need for environmental
assessment.

(c) Following the preliminary Screening and verification that the

Project Proposal contains all required documents andrelated materials, subject to Articles 8, 9, 10, 11, 26 and 27
the Department shall make a determination in accordancewith Annex 1 ‘Categorization of Economic Activities forAssessment Purposes’, taking into account Article 25 andthe additional factors listed in Article 28 in order to designate
the Project as one of the following, and then submit theirdesignation to the Ministry:

24.

i)

an EIA Type Project, orii)

an IEE Type Project, oriii)

A Non IEE or EIA Type Project, and therefore notrequired to undertake any environmental assessment.

The Ministry shall also make a determination whether an EMP
shall be required in respect of any Project.

25.

An EIA is required in all cases where the Project will be located inor will have foreseeable adverse effects on any legally protectednational, regional or state area, including without limitation: (i) aforest conservation area (including biodiversity reserved area); (ii)a public forest; (iii) a park (including marine parks); (iv) a
mangrove swamp; (v) any other sensitive coastal area; (vi) a
wildlife sanctuary; (vii) a scientific reserve; (viii) a nature reserve;(ix) a geophysical significant reserve; (x) any other nature reserve
nominated by the Minister; (xi) a protected cultural heritage area;and (xii) a protected archeological area or area of historicalsignificance.

26.

Notwithstanding any categorization set forth in Annex 1‘Categorization of Economic Activities for Assessment Purposes’,
the Ministry reserves the right to change the type of the Project asnecessary, if the Ministry determines that special circumstances
so warrant to require a Project that would otherwise be required
to complete and submit an IEE or an EIA or to exempt a Projectfrom completing any IEE or EIA assessment.

27.

For purposes of Screening, the Ministry may at its discretion electto treat Projects that are logically or economically linked, or whichhave the same or related proponents, or which are sequential intime, as a single Project. Components of basic infrastructure(such as an access road, transmission tower or waste disposal
facility) that are required for a larger Project (such as a mine or a
power plant) shall be considered to be part of that larger Project.
In such circumstances, the Ministry may determine whether an
IEE or an EIA will be required for the Projects that are treated asa single Project.

28.

In accordance with Article 23, in making its determination as tothe type of environmental assessment a Project or Project
expansion will require, the Department shall in addition to theprovisions in Article 25 and the type and size categorization in
Annex 1 ‘Categorization of Economic Activities for Assessment
Purposes’ consider the following factors in accordance with
Ministry guidance:a) the need for the Project tosituation;

deal with an emergencyb) the interest of public health and safety;c) the interest of national security;d) the lifespan of the Project;e) protection of cultural and religious norms, and historical andreligious heritage;f)

protection of areas having a fragile ecosystem;g) areas affected by cyclones, strong storms, flooding,earthquake (including the Sagaing Fault) and areas
vulnerable to natural disaster;h) protection of water resources (lakes, reservoirs, rivers,
groundwater aquifers) that serve or may in the future serve
as primary sources of public drinking water;i)

recreation zones and pearl production areas;j)conservation and protection of biodiversity;k) introduction of exotic or alien species;l)adoption of new technologies;m) population density;n) national, regional and global climate change conditions;o) likely trans boundary impacts;p) likely residual impacts or effects occurring some years after
Project closure; andq) other factors as the Ministry may determine.
29.

Within fifteen (15) working days of receiving the complete Project
Proposal, the Department shall determine the type ofenvironmental assessment (EIA, IEE, or none) which the Projectwill require, and the Department shall inform the Project
Proponent in writing as to such determination in accordance with
the Ministry guidance.

30.

The Ministry shall periodically review and, as it may deem
necessary, revise Annex 1 ‘Categorization of Economic Activities
for Assessment Purposes’.

CHAPTER IV.
Initial Environmental Examination
31.

The IEE process is outlined in the diagram set forth in Annex 2‘Environmental Assessment Procedure Flowchart’.

32.

Prior to commencement of an IEE, the Project Proponent shallinform the Department in writing as to the identity of the person(s)and/or organization, if any, who will undertake the IEE andreporting. The Project Proponent may carry out the IEE andreporting by itself or may appoint a registered person ororganization according to the Article 18 to do so.

33.

Within seven (7) working days of its receipt of information about
the identity of any proposed person(s) and/or organization
selected by the Project Proponent to undertake the IEE, theDepartment will confirm in accordance with the Ministry approval
whether such person(s) and/or organization are/is in goodstanding with the Department.

34.

The Project Proponent shall undertake the following public
consultation process in regard to an IEE Type Project:a) Immediately upon commencement of the IEE, disclose
relevant information about the proposed Project to the publicand civil society through the Project or Project Proponent’s
website(s) and local media, including by means of theprominent posting of legible sign boards at the Project sitewhich are visible to the public, and comply with technicalguidelines issued by the Ministry; andb) arrange the required complement of consultation meetings
as advised by the Ministry, with local communities, potential
PAPs, local authorities, community based organizations, andcivil society, and provide appropriate and timely
explanations in press conferences and media interviews.

IEE Report Requirements
35.

The Project Proponent shall issue a letter of endorsement in aformat prescribed by the Ministry. Such letter shall be submitted
to the Department together with the IEE Report prepared either inthe Myanmar language, or in the English language with anaccompanying, accurate summary in the Myanmar language, andconfirming:a) the accuracy and completeness of the IEE,b) that the IEE has been prepared in strict compliance withapplicable laws including this Procedure, andc) that the Project will at all times comply fully with thecommitments, mitigation measures, and plans in the IEE
Report.
36.

The IEE Report shall contain the following:a) Project description in reasonable detail with description of
the project size, installations, technology, infrastructure,
production processes, use of materials and resources,
generation of waste, emissions and disturbances together
with overview maps and site layout maps (using aerial
photos and satellite images in proper scale) for each Project
phase and, where relevant, project alternatives for each
Project phase;b) identification of the Project Proponent including (where theProject Proponent is not a natural person but a company orother juridical entity) the identification of the owners,
directors (if any) and day to day management and officers of
the Project Proponent;c) identification of the IEE experts, including which expert is
responsible for which part of the IEE Report;d) description of applicable laws, decrees, regulations,standards, guidelines and corporate policies related toenvironmental and social matters of the Project together withthe relevant government agencies involved and their roles
and responsibilities vis-à-vis the Project.
e) description of the surrounding environmental and social
conditions of the Project including maps of all relevant
physical, biological, social, socio-economic and culturalfeatures;f)

identification and assessment of potential Environmental
Impacts including assessment and description of Adverse
Impacts and Residual Impacts with presentation of thespatial and temporal characteristics of the impacts using
maps, images, aerial photos and satellite images;g) results of the public consultation and public participation
processes, recommendations received from the public, and
the Project Proponent's written responses to comments
received during that process;h) the environmental protection measures of the Project which
are intended to mitigate Adverse Impacts clearly presented
together with applicable environmental and social
requirements and any Residual Impacts;i)the EMP; andj)the persons, organizations and budgets needed for
implementation of the EMP.

Submission of IEE Report37.

After completing all investigations and public consultation andparticipation processes required for IEE Type Projects, theProject Proponent shall submit the IEE Report for the Project tothe Department in both digital form and complete paper copies,
together with the required service fee as prescribed by the
Department.

38.

Not later than fifteen (15) days after submission of the IEE Reportto the Department, the Project Proponent shall disclose the IEE
Report to civil society, PAPs, local communities and otherconcerned stakeholders: (i) posting on the Project or Project
Proponent’s website(s), (ii) by means of local media (i.e.
newspapers); (iii) at public meeting places (e.g. libraries,
community halls); and (iv) at the offices of the Project Proponent.

Review and Approval Process for IEEs
39.

Upon receipt of the IEE Report from the Project Proponent, theDepartment shall:a) disclose the IEE Report to the public on the Ministry and/or
Department website(s), and/or through other appropriate
media;b) invite comments and suggestions on the IEE Report from all
relevant
parties
includingrelevant
governmentorganizations, institutions, civil society organizations, andPAPs, as appropriate;c) arrange public consultation meetings at the local level, at
which the Project Proponent shall present the IEE Report;andd) collect and review all comments and recommendations
received, and forward the same to the Ministry to enable it tomake a final decision on approval of the IEE Report.
40.

If it is determined by the Ministry that the IEE Report does notsatisfy requirements, then the Project Proponent shall be called
upon by the Department to undertake necessary amendments
and/or to provide supplementary information as directed by the
Ministry.

41.

Upon completion of its review of the IEE Report, the Ministry
shall;a) approve the IEE Report, subject to any conditions it may
prescribe, and issue an ECC; orb) require that the Project carry out an EIA, citing the reasonsfor this decision and informing the Project Proponent of its
decision; and, in either casec) publicly disclose its decision.

42.

The Department shall deliver the final decision of the Ministry
within sixty (60) working days of receipt of an IEE Report. If the
Ministry requires an IEE Report to be amended, then the due
date for delivery of the Ministry's decision shall be extended
accordingly.

43.

All costs incurred in completing the IEE Report disclosure andreview, including the public consultation process, shall be borneby the Project Proponent.

CHAPTER V.
Environmental Impact Assessment
EIA Process
44.

The EIA process is outlined in the diagram in Annex 2.

45.

The Project Proponent must appoint a registered Third Person or
Organization to carry out the EIA investigation and reporting.
Prior to commencement of the EIA, the Project Proponent shallinform the Department in writing as to the identity of the duly
registered person(s) and/or organization it has selected toundertake the EIA investigation and reporting.

46.

Within seven (7) working days of its receipt of information about
the identity of the person(s) and/or organization selected by the
Project Proponent to undertake the EIA, the Department will
confirm in accordance with the Ministry approval whether such
person(s) and/or organization are in good standing with the
Department.

Scoping
47.

All EIA Type Projects shall undergo Scoping.

48.

The Project Proponent shall be responsible to ensure that the
Scoping and the preparation of the ToR for the EIA Report areundertaken in a professional manner and in accordance with thisProcedure and any applicable guidelines issued or adopted by
the Ministry.

49.

The Scoping of the proposed Project shall:a) define the study area, area of influence, time boundaries,
Project phases, and potential stakeholders;b) start the process of understanding the applicable regulations
and standards, and their context for Project design andcompletion of the EIA;c) make a provisional identification of Environmental Impacts,
focusing in particular on the environmental, social and healthissues that need to be addressed in subsequent EIA studies;d) provide an indication of the depth and breadth of thesubsequent EIA investigations including what baseline dataand information are required, what further studies andinvestigations must be carried out, and how such datacollection, studies and investigations shall be undertaken;e) provide an opportunity for consultants, relevant authorities,
project developers, and interested and affected parties toexpress their views and concerns regarding the proposal
before an EIA proceeds;f)enable an efficient and comprehensive assessment processthat saves time, resources, and costs and avoids delays;andg) identify potentially affected communities
stakeholders with an interest in the Project.
50.

and

other

As part of the Scoping, the Project Proponent shall ensure thatthe following public consultation and participation process iscarried out:a) disclose information about the proposed Project to the publicand civil society through posting on the Project or Project
Proponent’s website(s) and local media, including by meansof the prominent posting of legible sign boards andadvertising boards at the Project site which are visible to the
public; andb) arrange the required complement of consultation meetings
as advised by the Ministry, with local communities, potential
PAPs, local authorities, community based organizations, andcivil society, and provide appropriate and timely
explanations in press conferences and media interviews.

51.

The Project Proponent shall prepare a Scoping Report either inthe Myanmar language, or in the English language with anaccompanying, accurate summary in the Myanmar language, withthe following content:a) Executive Summaryb) Context of the Projectc) Overview of the Policy, Legal and Institutional Frameworkd) Project Description and Alternatives

e) Description of the Environment together with maps in properscale indicating all relevant features, images, aerial photos
and satellite imagesf)

Key Potential
Measures

Environmental

Impactsand

Mitigationg) Public Consultation and Disclosureh) Conclusions and Recommendations
52.

Based on the Scoping, the Project Proponent shall prepare the
ToR for the EIA investigations in accordance with applicableguidelines issued or adopted by the Ministry.

53.

The Project Proponent shall submit the completed Scoping
Report and ToR to the Department for review and approval.

54.

Within fifteen (15) working days of receiving the complete
Scoping Report and ToR, the Department, in accordance with
Ministry guidance, shall eithera) approve the Scoping Report and ToR with or without
conditions, orb) require the Project Proponent to revise the Scoping Report
and/or ToR in accordance with comments of the
Department.

EIA Investigation
55.

The Project Proponent shall ensure that the EIA investigation
properly addresses all Adverse Impacts and is undertaken inaccordance with the ToR as approved by the Department.

56.

The EIA investigation shall consider all biological, physical, social,economic, health, cultural and visual components of the study
area, together with all pertinent legal matters relating to theenvironment, people and communities (including land use,
resources use, and ownership of and rights to land and otherresources) that may be affected by the Project during all Project
phases including pre-construction, construction, operation,
decommissioning, closure, and post-closure, and shall identify
and assess all Adverse Impacts, risks, Cumulative Impacts andResidual Impacts for environment, social and, if relevant, healththat potentially could arise from the Project.

57.

The investigations shall include all necessary data collection,technical studies, modeling, field surveys, field sampling,laboratory analysis, engineering designs and calculations, andconsultations to determine and document that all feasible
measures are taken to ensure that all Residual Impacts are withinapplicable limits and are acceptable to the Ministry and interested
and affected persons.

58.

The investigation shall also include an analysis of Alternatives.
Such analysis shall include a description of each Alternative, andan assessment and comparison of the Adverse Impacts, required
mitigation measures and Residual Impacts of the Alternatives.

59.

The Project Proponent is obliged to use, comply with and refer toapplicable national and international standards adopted by theUnion Government and/or the Ministry, or, in the absence of
relevant national or adopted international standards, suchstandards as may be agreed with the Ministry.

60.

The EIA shall consider the views, concerns, and perceptions ofstakeholders, communities and individuals that could be affectedby the Project or who otherwise have an interest in the Project.
The EIA shall include the results of consultations with the public,
affected populations and other stakeholders on the environmental
and social issues. The concerns raised during such consultations
shall be considered in assessing impacts, designing mitigation
measures, and in the development of management andmonitoring plans.

61.

As part of the EIA investigations, the Project Proponent shallundertake the following consultation process:a) timely disclosure of all relevant information about the
proposed Project and its likely Adverse Impacts to the publicand civil society through local and national media, thewebsite(s) of the Project or Project Proponent, at public
places such as libraries and community halls, and on signboards at the Project site visible to the public, and provide
appropriate and timely explanations in press conferences
and media interviews;

b) arrange consultation meetings at national, regional, state,
Nay Pyi Taw Union Territory and local levels, with PAPs,
authorities, community based organizations and civil society;c) consultations with concerned government organizations
including the Ministry, the concerned sector ministry,
regional government authorities and others; andd) field visits for the Ministry and concerned governmentorganizations.
EIA Report Requirements
62.

The Project Proponent shall issue a letter of endorsement in aformat prescribed by the Ministry. Such letter shall be submitted
to the Department together with the EIA Report prepared either inthe Myanmar language, or in the English language with anaccompanying, accurate summary in the Myanmar language,
confirming:a) the accuracy and completeness of the EIA;b) that the EIA has been prepared in strict compliance withapplicable laws including this Procedure and with the ToR
for the EIA; andc) that the Project will at all times comply fully with thecommitments, mitigation measures, and plans in the EIA
Report.

63.

The Project Proponent is responsible for the preparation of an
EIA Report which shall contain the following:
1.0 Executive Summary
2.0 Introduction
2.1 Presentation of the Project Proponent
2.2 Presentation of the Environmental and Social Experts
2.3 Presentation of the Health Experts for Projects with
Health Impacts
3.0 Policy, Legal and Institutional Framework
3.1
Corporate Environmental and Social Policies (ifapplicable)

3.2 Policy and Legal Framework, including existing applicablelaws and rules, International Conventions, Treaties andAgreements, and national and international standards
and guidelines
3.3 Contractual and other Commitments
3.4 Institutional Framework
3.5 Project’s Environmental and Social Standards
3.6 Health Standards for Projects with Health Impacts
4.0 Project Description and Alternative Selection
4.1 Project Background
4.2 Project Location, overview map and site layout maps
4.3
Project Development and Implementation Time
Schedules
4.4 Description of the project size, installations, technology,
infrastructure, production processes, use of materials andresources and generation of waste, emissions anddisturbances, including the devises and measures tocontrol emissions and disturbances, all together withoverview maps and site layout maps and design drawings
for each Project phase (pre-construction, construction,
operation, decommissioning, closure and post-closure)
4.5 Description of the selected Alternative(s) by Projectphase(pre-construction,
construction,
operation,
decommissioning, closure and post-closure)
4.6 Comparison and Selection of the preferred Alternatives
5.0 Description of the Surrounding Environment
5.1 Setting the Study Limits
5.2 Methodology and Objectives
5.3 Public Administration and Planning: Identification andsummary of the main relevant elements in socioeconomic development plans, spatial plans, and sectorplans at Union Government, State or Region, City andTownship levels

5.4 Legally protected national, regional or state areas,
including without limitation: (i) forest conservation areas(including biodiversity reserved areas); (ii) public forests;(iii) parks (including marine parks); (iv) mangroveswamps; (v) any other sensitive coastal areas; (vi) wildlife
sanctuaries; (vii) scientific reserves; (viii) nature reserves;(ix) geophysically significant reserves; (x) any othernature reserve nominated by the Minister; (xi) protected
cultural heritage areas; and (xii) protected archeologicalareas or areas of historical significance.
5.5 Physical Components: Description with data and maps of(i) topography; (ii) water resources; (iii) geology and soils,
hydrology/hydrogeology; (iv) environmental quality; (v)climate; (vi) vegetation cover; and (vii) natural hazards
including earthquakes, tsunamis, extreme weather
events, flooding, drought, wildfires and others
5.6 Biological Components: Descriptions and maps on faunaand flora including abundance, spatial distribution of rare,endangered and vulnerable species, and species of
economic and health/nutritional values, and maps anddescription of valued or sensitive environmental areasand habitats
5.7 Infrastructure and Services: Location and size or capacityof transport infrastructure, public utilities and services
5.8 Socio-Economic Components: Income and livelihoods,
living conditions and access to public services andnatural resources, land use maps, population distribution
maps, maps and charts of other socio-economic
indicators such as poverty, employment and education
5.9 Public Health Components: Mortality and morbidity,
occurrence of diseases, accidents and injuries, and social
health determinants
5.10
Cultural Components: Description and maps ofcultural, historical, and religious sites, structures andobjects, and objects with high aesthetic value; descriptionof traditional knowledge and beliefs, and cultural
practices5.11
Visual Components including where applicablelandscape, city scape and sea scape using three
dimensional models
6.0 Impact and Risk Assessment and Mitigation Measures
6.1 Impact and Risk Assessment Methodology
6.2 Impact and Risk Identification, Assessment and
Mitigation. For each Project phase (pre-construction,
construction, operation, decommissioning, closure, andpost-closure):
6.2.1 Identification and assessment of potential
Environmental Impacts including (i) physical,
biological, social, socio-economic, health, cultural,and visual impacts; (ii) potential impacts on climatechange such as greenhouse gas emissions andloss of carbon sinks or stocks; and (iii)
identification of impacts of climate change on the
Project based on available climate change
predictions from designated national authorities orinternational scientific research bodies
6.2.2 Identification and assessment of the likelihood andseverity of natural and industrial hazards relevantto the Project
6.2.3 The design, layout, functioning, management andimplementation of appropriate impact and risk
mitigation measures
6.2.4 Characterization and assessment of any Residual
Impacts and risks and comparison with applicableregulations, standards and guidelines
6.2.5 Comprehensive monitoring plan
6.3 Relevant maps, aerial photos, satellite images in properscale clearly indicating the location of sources ofAdverse Impacts, the spatial and temporal distribution ofsuch impacts and with reference to the Description of the
Surrounding Environment, the components that are likely
to be impacted and the nature of the impacts.

7.0 Cumulative Impact Assessment
7.1 Methodology and Approach
7.2 Cumulative Impact Assessment
7.2.1 Brief description and map of relevant existing andfutureprivateandpublicprojects
anddevelopments
7.2.2 Identification and assessment of the potential
cumulative impacts on the components in thesurrounding environment and the Project’s
contribution to such impacts
7.2.3 Determination of the leverage and influence that
the Project may have over the significant andproject related cumulative impacts
7.2.4 Description of measures to mitigate the Project’s
contribution to the cumulative impacts
8.0 Environmental Management Plan
8.1 Project Description by Project phase (pre-construction,
construction, operation, decommissioning, closure andpost-closure)
8.2 Project’s Environmental, Socio-economic and, where
relevant, Health Policies and Commitments, legal
requirements and institutional arrangements
8.3 Summary of Impacts and Mitigation Measures
8.4 Overall budget for implementation of the EMP
8.5 Management and Monitoring Sub-Plans by Projectphase(pre-construction,
construction,
operation,
decommissioning, closure and post-closure); theManagement and Monitoring Sub-Plans shall addressand satisfy all relevant environmental and social
management and monitoring issues such as but notlimited to noise, vibrations, waste, hazardous waste,
wastewater and storm water, air quality, odor, chemicals,
water quality, erosion and sedimentation, biodiversity,
occupational and community health and safety, cultural

heritage, employment and training, and emergency
response
8.6 Content of each Sub-Plan
8.6.1 Objectives
8.6.2 Legal Requirements
8.6.3 Overview maps and site layout maps, images,
aerial photos, satellite images
8.6.4 Implementation Schedule
8.6.5 Management Actions
8.6.6 Monitoring Plans
8.6.7 Projected Budgets and Responsibilities
9.0 Public Consultation and Disclosure
9.1 Methodology and Approach
9.2 Summary of consultations and activities undertaken
9.3 Results of Consultations
9.4 Further ongoing Consultations
9.5 Disclosure
Submission of EIA Report64.

After completing all investigations and public consultation andparticipation processes required for EIA Type Projects, theProject Proponent shall submit the EIA Report to the Department
in both digital form and complete paper copies, together with therequired service fee as prescribed by the Department.

65.

Not later than fifteen (15) days after submission of the EIA Reportto the Department, the Project Proponent shall disclose the EIA
Report to civil society, PAPs, local communities and otherconcerned stakeholders: (i) by means of national media (i.e.
newspapers); (ii) the website(s) of the Project or Project
Proponent; (iii) at public meeting places (e.g. libraries, community
halls); and (iv) at the offices of the Project Proponent.

66.

Upon receipt of the EIA Report, the Department will make the EIA
Report publicly available.

Review and Approval Process for EIA Report
67.

Upon receipt of the EIA Report from the Project Proponent, theDepartment shall:a) submit the EIA Report to the EIA Report Review Body forcomment and recommendations;b) invite comments and suggestions on the EIA Report from all
relevant
parties
includinginvolved
governmentorganizations, institutions, civil society organizations, andPAPs, as appropriate;d) arrange public consultation meetings at national, regional,
state, Nay Pyi Taw Union Territory and local levels where
the Project Proponent shall present the EIA Report; ande) collect and review all comments and recommendations
received, including those of the EIA Report Review Body,
and forward the same to the Ministry to enable it to make a
final decision on approval of the EIA Report.

68.

If it is determined by the Ministry that the EIA Report does notsatisfy requirements, then the Project Proponent shall be called
upon by the Department to undertake the necessary amendments
as directed by the Ministry. The Ministry shall deliver its final
decision within ninety (90) working days of receipt of the EIA
Report. In case of Complex Projects, or if the Ministry requires the
EIA Report to be amended, then the timeline will be extended
accordingly.

69.

All costs incurred in completing the EIA Report disclosure andreview, including the public consultation process, shall be borneby the Project Proponent.

70.

Upon completion of its review of the EIA Report, the Ministry
shall;a) approve the EIA Report with the guidance of the Committee,
subject to any conditions as may be prescribed, and issue
an ECC; orb) inform the Project Proponent of its decision to reject the EIA
Report and cite reasons for doing so (grounds for rejectionof an EIA Report shall be in accordance with guidance from
the Ministry); and, in either casec) publicly and timely disclose its decision by appropriate
means.

CHAPTER VI.
Appeal Process
71.

Within thirty (30) days of public disclosure that the EIA Report has
been approved or rejected by the Ministry, any Project Proponent,
person or organization which submitted the EIA Report inaccordance with this Procedure, and any other person ororganization potentially affected by any Adverse Impacts of the
Project, shall have the right to file an appeal to the Committee
through the Ministry with respect to the Ministry decision to rejector approve such EIA Report, provided, however, that:a) no appeal of a decision by the Ministry to reject an EIA
Report shall be allowed, except where the appellant has
specifically alleged that such rejection was not duly made inaccordance with this Procedure or that such rejection was
based upon an unsubstantiated or unjustified decision by the
Ministry;b) not more than one (1) appeal on the same case shall beallowed with respect to a decision by the Ministry; andc) no condition prescribed by the Ministry shall be subject toappeal by a Project Proponent.

72.

With respect to any appeals allowed that are received by the
Ministry within the appeal submission period, the Ministry shall,
within fifteen (15) days of receipt of such appeals, forward theappeals to the Committee for consideration.

73.

The Committee shall, within thirty (30)working days of its receipt
of a forwarded appeal from the Ministry, consider that appeal andmake a decision to:a) uphold the decision of the Ministry, orb) instruct the Ministry to require the Project Proponent torevise and resubmit the EIA Report to the Ministry, orc) instruct the Ministry to alter, revise or cancel its decision on
the EIA Report and cite its grounds for such instruction.

74.

The decision of the Committee shall be final.

75.

The Ministry shall inform the Committee decision to the appellant
and the Project Proponent. Upon receipt of the decision from theCommittee, the Ministry shall publicly disclose any reversal or
modification of its decision concerning an EIA Report.

CHAPTER VII.
Environmental Management Plan
76.

For Project types which require EMP according to the Article 55(a) of the Rules or Article 24 of the Procedure, the Project
Proponent may prepare an EMP by itself or may appoint a personor organization who/which is registered according to the Article
18.

77.

The Project Proponent shall issue a letter of endorsement in aformat prescribed by the Ministry according to the Article 63. Such
letter shall be submitted to the Department prepared either in the
Myanmar language, or in the English language or both. The
Project Proponent shall submit the EMP to the Department inboth digital form and complete paper copies, together with therequired service fee as prescribed by the Department, andconfirming:a) the accuracy and completeness of the EMP;b) that the EMP has been prepared in strict compliance withapplicable laws including this Procedure; andc) that the Project will at all times comply fully with thecommitments, mitigation measures, and plans in the EMP.

78.

Upon Receipt of the EMP from the Project Proponent, theDepartment shall review and submit to the Ministry to enable it tomake a final decision on approval of the EMP.

79.

If it is determined by the Ministry that the EMP does not satisfy
requirements, then the Project Proponent shall be called upon by
the Department to undertake necessary amendments and/or toprovide supplementary information as directed by the Ministry.

80.

Upon completion of its review of the EMP, the Ministry shall;a) approve the EMP, subject to any conditions it may prescribe,and issue an ECC; orb) require that the Project carry out an IEE or EIA, citing thereasons for this decision and informing the Project
Proponent of its decision; and, in either casec) publicly disclose its decision.
81.

The Department shall deliver the final decision of the Ministry
within thirty (30) working days of receipt of an EMP. If the Ministry
requires an EMP to be amended, then the due date for delivery of
the Ministry's decision shall be extended accordingly.

82.

Any additional costs associated with reaching a determination
regarding Project types which require EMP shall be borne by the
Project Proponent.

CHAPTER VIII.
Environmental Consideration in Project Approval
Project Approval Requirements
83.

For Projects that require an IEE or EIA, before any permit isgranted or issued by any ministry, or any other competentauthority in respect of any application to proceed with
implementation of such Projects, an ECC shall first have been
duly issued by the Ministry in accordance with this Procedure.

84.

All Projects and activities, whether categorized in Annex 1‘Categorization of Economic Activities for Assessment Purposes’
as requiring an IEE, an EIA, nor neither: (i) are obliged to obtain
all required authorizations, permits, licenses and approvals and tocomply with all applicable laws, regulations, procedures,
ministerial directives, zoning, planning requirements, and othergovernmental requirements, and (ii) shall remain subject to any
environmental and/or social conditions which the Ministry may
impose as a condition to the commencement or continuation of
construction or operation of that Project or activity.

85.

Any proposed Project or activity which has been determined not
to require an EIA or IEE (whether because it is below theindicated IEE threshold or is not listed in the categorization
below) shall nonetheless be subject to the imposition of any

conditions deemed appropriate by the Ministry as part of thereview, approval and permitting procedure of the Government.
86.

When the relevant ministry or authority has given approval (priorpermission, license, permit or register) to a Project for which an
ECC has been issued, it shall notify the Ministry of such approval.

Environmental Compliance Certificate, Conditions and Revisions
to Conditions
87.

Upon receipt of the written approval from the relevant authority,
the Project Proponent shall commence implementation of the
Project strictly in accordance with the conditions attached to the
ECC and including the EMP, within such time as may beprescribed by the Ministry.

88.

An ECC is granted in respect of a specific, clearly identified
Project. The ECC must specify:a) the registered name and registered office address of the
Project Proponent to whom the ECC is issued;b) the documentation (IEE Report/EIA Report) that the Project
Proponent submitted to the Ministry and on the basis ofwhich the ECC has been issued;c) a map, images, aerial photos and satellite images showing
the geographic location(s) of the Project and each of its
components;d) the Project type and layout with an overview of activities,
installations, operations, production capacity, production
methods, and waste generation; ande) Project phases and timing (the commencement andconclusion dates of each).

89.

The Ministry may prescribe conditions of an ECC. Such
conditions may encompass any or all of:a) General management: (i) procedures and management
systems to identify, control, prevent or minimize all Adverse
Impacts; (ii) procedures to ensure compliance with allenvironmental and social commitments; (iii) procedures toimplement the measures described in the EMP,
Construction Phase EMP, and/or Operational Phase EMP,as the case may be; (iv) procedures to improve theenvironmental and social performance of the Project; (v)organization with qualified environmental and social
personnel; and (v) documentation, reporting and information
disclosure procedures;b) Emissions: (i) Emissions not allowed, (ii) Emission Limit
Values in terms of types, substances, loads, concentrations,rates, timing, duration, frequency, seasons, and Project
phase, (iii) Emission points, (iv) form and media, (v)recipients, (vi) contribution to Environmental Quality
Standards, and (vii) statistical methods for determining
compliance;c) Use of energy and natural resources: amounts, type, originof resource, rates, effectiveness of use, and waste
generation;d) Pollution Prevention: Effectiveness of production orconstruction methods or waste storage and treatment
facilities to prevent or, where this is not practicable, tominimize pollution, and to prevent or minimize the risk ofpollution;e) Nature conservation and management: (i) protection andrehabilitation of sites, environments or species, (ii)effectiveness of environmental measures to prevent or
minimize Adverse Impacts on certain environments or
species; and (iii) biodiversity offsets;f)

Cultural resources: (i) protection of cultural heritage sites,
structures and objects, and (ii) procedures for dealing witharcheological finds;g) Hazardous or toxic materials including waste: (i) limits to thetypes, categories, and amounts; and (ii) methods andsystems of collection, storage, handling, transport, treatment
and disposal;h) Waste management: (i) limits to the types, categories, andamounts of waste (liquid, solid, atmospheric) generated; (ii)methods and systems of collection, storage, handling,transport, treatment and disposal; and (iii) recycling or reuseof wastes;

i)Transport and access: (i) access points; (ii) means oftransport of materials and people to and from the Project;(iii) transport routes for products, materials or waste; and (iv)
access control measures;j)Decommissioning, rehabilitation, clean up and closure: (i)sites, areas/ environments and facilities; (ii) objectives andstandards; (iii) site conditions and after use; (iv) timing; and(v) controls and monitoring;k) Control measures: (i) prevention of accidents and responses
to emergency conditions; (ii) measures and procedures incase of accidents, incidents, and operational irregularities;(iii) control and maintenance of pollution prevention/
minimization measures; and (iv) safety zones;l)

Monitoring: (i) parameters; (ii) methods; (iii) sampling andanalyses; (iv) point of monitoring; (v) frequency; (vi) timing;(vii) data management; (viii) maintenance and control ofmonitoring equipment; and (ix) documentation and reporting;m) Documentation and reporting: (i) parameters and issues thatmust be documented and reported; (ii) types and methods;(iii) frequency and timing; (iv) quality controls; and (v)recipients;n) Financial guarantee: (i) type of guarantee; (ii) amount; (iii)timing; (iv) application; and (v) type and financial capacity ofguarantor;o) Funding of inspection by the Ministry: (i) amounts; (ii)payment procedure; and (iii) timing and frequency; andp) Contributions to the Environmental Management Fund inaccordance with Article 30 of the Rules: (i) pollution charges(emissions, waste), and (ii) charges on the use of natural
resources and benefits from ecosystem services.
90.

The Ministry may, upon joint application of a Project Proponent
and a proposed transferee, transfer to the proposed transferee an
ECC or any part of an ECC.

91.

An ECC issued by the Ministry shall be valid for a period of five(5) years from the date of issuance. Six (6) months prior toexpiration of an ECC issued by the Ministry, the Project
Proponent may apply to the Ministry for an extension.
92.

The Ministry may unilaterally modify conditions in the ECC and/or
require the Project Proponent to revise and resubmit the EMP to
the Ministry for review and approval, if at any time the Ministry
determines that:a) the mitigation measures are insufficient or inadequate to
mitigate the actual or likely impacts of the Project;b) new information becomes known as to how harmful theAdverse Impacts of the Project are, or are likely to be or
become;c) the Project has Adverse Impacts which could not be
foreseen at the time the originally approved IEE Report / EIA
Report and EMP were approved;d) the Adverse Impacts of the Project are greater than thoseanticipated impacts that formed the basis for the
preparation, submission, and approvals of the original IEE
Report/EIA Report and EMP and the issuance of the ECC
and conditions therein;e) new techniques conforming to the definition of BAT are
available which would significantly reduce the Adverse
Impacts of the Project;f)the Adverse Impacts of the Project can be reduced throughadherence to Good Practice without commercially significant
extra cost to the Project; org) the measures/conditions are unnecessary to mitigate theAdverse Impacts.
93.

The Ministry shall, upon consideration of the supplemental
documentation, if any, make a decision on modifications to theconditions in the ECC or require that a new EIA, IEE or EMP, as
the case may be, shall be prepared and submitted.

94.

The
Project
Proponent
shallcommence
substantial
implementation of the Project within the first two (2) years after
the issuance of the ECC, and not later than thirty (30) days after
such commencement shall notify the Department in writing of thedate of commencement, and identify the activities constituting
substantial implementation of the Project.
95.

The Project Proponent shall be required to carry out and submit
for the Ministry's approval a new assessment (IEE or EIA, as thecase may be) if substantial Project commencement has notoccurred within two (2) years after obtaining the ECC, unless the
Project Proponent has applied in writing providing reasons why it
has not been able to commence substantial implementation of the
Project, indicating what further period of time is needed before
substantial commencement of the Project can take place, and theMinistry has in its discretion granted an extension.

96.

In case of major changes in size, scope, location, layout,
technology, risk associated with foreseeable Adverse Impacts,
production methods or pollution prevention/mitigation measuresof the Project, or an expansion or second phase development is
proposed, the Project Proponent shall notify the Ministry andprovide supporting documentation of such changes within thetimeframe as may be prescribed.

97.

For EIA Type Projects with comprehensive construction works,
the Ministry may include as a condition in the ECC that the
Project Proponent shall prepare and submit to the Department a
detailed Construction Phase EMP for review and approval prior to
the intended start of construction works of the Project.

98.

For EIA Type Projects, the Ministry may include as a condition in
the ECC that the Project Proponent shall prepare and submit to
the Department a detailed Operational Phase EMP for review andapproval prior to the intended start of operations of the Project.

99.

The Department may require that a Construction Phase EMP or
Operational Phase EMP, as the case may be, shall be
periodically updated and resubmitted to the Department inaccordance with Ministry guidance for its review and approval.

100.

The Project Proponent shall incorporate all relevant
environmental commitments and requirements set forth in the EIA
Report, Construction Phase EMP and/or Operational Phase EMP
as the case may be, and in the ECC, applicable Emission Limit
Values and Environmental Quality Standards, into detailed

designs, construction contract specifications, and contracts on
Project operations related to any part of the Project.
101.

In case the Department finds that changes to the Project, theProject site or Adverse Impacts of the Project warrant revisions to
the EMP, Construction Phase EMP, or Operational Phase EMP
as the case may be, then the Department may require the Project
Proponent to prepare and submit a revised EMP, Construction
Phase EMP, or Operational Phase EMP, as the case may be to
the Department for review and approval.

Responsibility for all Adverse Impacts
102.

The Project Proponent shall bear full legal and financial
responsibility for:a) all of the Project Proponent's actions and omissions andthose of its contractors, subcontractors, officers, employees,
agents, representatives, and consultants employed, hired, or
authorized by the Project acting for or on behalf of the
Project, in carrying out work on the Project; andb) PAPs until they have achieved socio-economic stability at alevel not lower than that in effect prior to the commencementof the Project, and shall support programs for livelihood
restoration and resettlement in consultation with the PAPs,
related government agencies, and organizations and otherconcerned persons for all Adverse Impacts.

103.

The Project Proponent shall fully implement the EMP, all Projectcommitments, and conditions, and is liable to ensure that allcontractors and subcontractors of the Project comply fully with allapplicable Laws, the Rules, this Procedure, the EMP, Projectcommitments and conditions when providing services to theProject.

104.

The Project Proponent shall be responsible for, and shall fully andeffectively implement, all requirements set forth in the ECC,
applicable Laws, the Rules, this Procedure and standards.

105.

The Project Proponent shall timely notify and identify in writing to
the Ministry, providing detailed information as to the proposed
Project's potential Adverse Impacts.

CHAPTER IX.
Monitoring
106.

The Project Proponent shall, during all phases of the Project (preconstruction, construction, operation, decommissioning, closure
and post-closure), engage in continuous, proactive andcomprehensive self-monitoring of the Project and activities
related thereto, all Adverse Impacts, and compliance withapplicable laws, the Rules, this Procedure, standards, the ECC,
and the EMP.

107.

The Project Proponent shall notify and identify in writing to the
Ministry any breaches of its obligations or other performance
failures or violations of the ECC and the EMP as soon asreasonably possible and in any event, in respect of any breach
which would have a serious impact or where the urgent attentionof the Ministry is or may be required, within not later than twentyfour (24) hours, and in all other cases within seven (7) days of the
Project Proponent becoming aware of such incident.

108.

The Project Proponent shall submit monitoring reports to the
Ministry not less frequently than every six (6) months, as provided
in a schedule in the EMP, or periodically as prescribed by the
Ministry.

109.

The monitoring reports shall include:a) documentation of compliance with all conditions;b) progress made to date on implementation of the EMP
against the submitted implementation schedule;c) difficulties encountered in implementing the EMP andrecommendations for remedying those difficulties and steps
proposed to prevent or avoid similar future difficulties;d) number and type of non-compliance with the EMP andproposed remedial measures and timelines for completion ofremediation;e) accidents or incidents relating to the occupational andcommunity health and safety, and the environment; andf)monitoring data of environmental parameters and conditions
as committed in the EMP or otherwise required.

110.

Within ten (10) days of completing a monitoring report ascontemplated in Article 108 and Article 109 in accordance with
the EMP schedule, the Project Proponent shall make suchreport(except as may relate to National Security concerns)
publicly available on the Project’s website, at public meeting
places (e.g. libraries, community halls) and at the Project offices.
Any organization or person may request a digital copy of amonitoring report and the Project shall, within ten (10) days ofreceiving such request, submit a digital copy via email or as mayotherwise be agreed upon with the requestor.

Monitoring and Inspection by the Ministry, Relevant Government
Departments and Organizations
111.

The Ministry has the right, using the Department’s officers atnational, regional, state, Nay Pyi Taw Union Territory and/or local
offices, the services of any consultant, or both, to conduct
monitoring and inspections of a Project and activities related
thereto in order to control and determine compliance by the
Project with all applicable environmental and socio-economical
requirements and, where possible, to prevent violations of the
Project’s obligations. The Ministry may also, for the
implementation of monitoring and inspections, enlist theassistance of other relevant government departments andorganizations.

112.

If, upon inspection, the Ministry identifies any non-compliancewith the conditions in the ECC, the Ministry may require theProject Proponent to undertake remedial measures and/or may
impose penalties as provided for in this Procedure.

113.

For purposes
Proponent:ofmonitoringandinspection,

theProjecta) shall grant to the Ministry and/or its representatives, at any
time during normal working hours, access to the Project’s
offices and to the Project site and any other location atwhich the Project activities or activities related to the Project
are performed; andb) from time to time as and when the Ministry may reasonably
require, shall grant the Ministry access to the Project’s
offices and to the Project site and any other location atwhich the Project activities or activities related to the Project
are performed.
114.

In carrying out any inspection, the Ministry may take photographs
and make other audio and video recordings of any type, take soil,
sediment, water, and air samples, and examine computers, copy
documents including digital files, interview persons, and carry out
any other investigation which the Ministry believes to benecessary or appropriate. The Ministry, as it deems necessary,
may carry out such inspection in coordination with any otherministries.

115.

In the event of an emergency, or where, in the opinion of the
Ministry, there is or may exist a violation or risk of violation of thecompliance by the Project with all applicable environmental andsocial requirements, the Project shall grant full and immediate
access to the Ministry at any time as may be required by the
Ministry.

116.

The Ministry’s inspections may include without limitation sites,
facilities, vehicles, computers, archives, documents and all otherforms and types of media and information storage, and persons.

117.

The Project Proponent shall further ensure that the Ministry’s
rights of access hereunder shall extend to access by the Ministry
to the Project’s contractors and subcontractors.

118.

Where, in the opinion of the Ministry, the Project is not incompliance with its obligations, the Ministry shall promptly informthe Project.

119.

The Ministry may recommend and warn the Project to strictly
implement its obligations. The Ministry reserves the right to post
any warning on the Ministry and/or Department websites or torequire the Project to post and retain such warning on the
Project’s website, or both, or to effect disclosure to the public inother appropriate ways.

120.

The Ministry shall indicate the manner in which environmental
and social obligations are not being complied with by the Project
Proponent, and shall give the Project a specified time period(determined by the Ministry to be reasonable under thecircumstances) within which to bring the Project into compliance.

121.

Where, in the opinion of the Ministry, the Project Proponent is notin compliance with, or is likely not to comply with, its
environmental and social obligations, the Ministry may take suchenforcement actions as the Ministry thinks appropriate as are set
out in any applicable law, including without limitation the right tosuspend the Project operation, and the right of the Ministry toemploy any qualified third party to correct such non-compliance atthe Project Proponent's sole expense.

122.

All costs of the Ministry to conduct inspection and monitoring of
the Project shall be borne by the Project Proponent. Such costs
shall not exceed that which is necessary to ensure the Project’s
compliance with the Project commitments as set out in the EMP
and in the ECC.

CHAPTER X.
Strategic Environmental Assessment
123.
a) To ensure the achievement of a generally high level ofenvironmental and social protection with respect to Projects
and other economic activities in and throughout the Republicof the Union of Myanmar and its political and geographic
subdivisions, and to facilitate the prompt and effective
integration of relevant environmental and social
considerations into public policy and planning, the Ministry
may require that policies, strategies, development plans,
frameworks and programs that are prepared orcontemplated by Union Ministries, the governments andauthorities of Regions, States,, Self-Administered Zones,
Self-Administered Divisions, the Nay Pyi Taw Union
Territory, Cities and Townships, and other individuals ororganizations shall be screened for potential environmental
and social impacts in accordance with strategic
environmental assessment guidelines issued by the Ministry.
b) Where such Screening indicates that any such policy,
strategy, development plan, framework or program may
have a significant environmental or social impact, theMinistry may require the authority responsible for suchpolicy, strategy, development plan, framework or program toundertake a properly scoped study to identify and assess
the potential environmental and social impacts, and toprepare and incorporate into such policy, strategy,
development plan, framework or program an environmental
and social management and monitoring frameworkcomprehensively addressing such impacts.
124.

The Ministry may require that Projects and other economic
activities that derive from such policy, strategy, development plan,framework or program that are prepared or contemplated byUnion Ministries, the governments and authorities of Regions,
States, Self-Administered Zones, Self-Administered Divisions, theNay Pyi Taw Union Territory, Cities and Townships, and otherindividuals or organizations and which have been required toundertake a study to identify and assess the potential
environmental and social impacts (as stipulated above) shall be
developed and implemented (sited, designed, constructed andoperated) in accordance with the environmental and social
management and monitoring framework of such policy, strategy,
development plan, framework or program.

CHAPTER XI.
Administrative Punishment
125.

The Ministry shall have the right to impose penalties on a Project
for any breach by the Project, the Project Proponent, or any
contractor or subcontractor of the Project or any other Person
acting on behalf of the Project, of commitments as set forth in the
Prior Permission. In addition it shall take action in imposing otheradministrative punishment.

126.

The imposition of such penalties and administrative punishment
on the Project shall be subject to:a) with respect to the first occurrence of any such breach,violation or performance failure, receipt by the Project
Proponent of prior written notice and expiration of areasonable cure period not exceeding sixty (60) days.
b) the Project Proponent shall not be entitled under (a) toreceive any warning or receive the benefit of any cure periodwith respect to the recurrence of any such breach, violation

or performance failure that occurs within five (5) years fromthe date of the initial breach, violation or performance failure
prior to the imposition of applicable penalties by the Ministry.
127.

Penalties are imposed and required to be paid in addition to any
costs of remediation, clean up, and compensation that may be
incurred by the Ministry. Penalties imposed pursuant to thisProcedure are in addition to any penalties that may be imposed
under any other applicable law or regulation, the Rules or thisProcedure.

128.

The payment of penalties by the Project Proponent shall notrelieve the Project of liability, if any, for claims that may beasserted against the Project by third parties with respect todamage incurred and/or injury suffered arising out of the Project’s
performance or any breaches or performance defects by the
Project.

129.

Penalties payable to the Ministry and administrative punishments
under this Procedure are as set forth in Annex 3 ‘Prescribed
Penalties Under Procedure’ hereto.

130.

The Department shall prepare and submit to the Ministry the listof administrative punishments applicable to Projects.

131.

With respect to Projects which continue to be non-compliant withthis Procedure after the imposition of administrative punishment,
the Ministry shall both contemplate criminal punishment provided
for under Article 32of the Law, and inform the relevant
government departments and organizations having authority toissue licenses, permits or registrations, to take necessary action.
(Win Tun)
Union Minister

ANNEX 1
Categorization of Economic Activities for Assessment Purposesa. This Annex provides guidance as to whether an IEE or EIA is required
for any proposed project or activity. If, as a result of that determination,an IEE or an EIA is determined to be required, then the proponent of
the project or activity will be obliged to prepare, obtain approval for, andimplement an appropriate EMP in respect of the proposed project or
activity. Any appeal from such determination must be made inaccordance with the EIA Procedure.
b. If a Project Proponent of an existing project or activity intends to expandthat project or activity, then the Department shall consider and use thetype and size thresholds specified in the categorization below as thebasis for determining whether such expanded project or activity will be
required to conduct any additional assessment, either in the form of an
IEE, an EIA or an EMP.
c. If a production capacity included in the categorization below has notbeen explicitly expressed as a total production capacity (e.g. installedcapacity for energy production), then the applicable production capacity
threshold shall be the total production output under normal operations.
d. The Ministry reserves the right to interpret, clarify and amend thisAnnex from time to time as and when it deems necessary inaccordance with the Article 30 of the Procedure.

No.

Type of Economic Activity

Criteria for IEE Type Economic
Activities

6.

SPECIAL INVESTMENT PROJECTS
Projects in which investment is decided by
the Parliament or the government cabinetor the President
ENERGY SECTOR DEVELOPMENT
Hydro Power Plants
Installed capacity ≥ 1 MW but < 15
MW andReservoir volume (full supply level) <20,000,000 m3andReservoir area (full supply level) <400 haNuclear Power Plants
Natural Gas or Bio Gas Power Plants
Installed capacity ≥ 5 MW but < 50
MW
Coal-fired Power Plants
Installed capacity ≥ 1 MW but < 10MWPower Plants from Waste Products
Installed capacity ≥ 50 MW

7.

Geothermal Facilities

1.

2.

3.
4.
5.

Installed capacity ≥ 5 MW but < 50
MW

Criteria for EIA Type Economic
Activities
All sizes

Installed capacity ≥ 15 MW
Or Reservoir volume (full supply
level) ≥ 20,000,000 m3
Or Reservoir area (full supply
level) ≥ 400 ha
All sizes
Installed capacity ≥ 50 MW
Installed capacity ≥ 10 MW
All activities where the Ministry
requires that the Project shallundergo EIA
Installed capacity ≥ 50 MW

8.

10.

Combined Cycle Power Plants (gas &thermal)Thermal Power Plants (other than thetypes in items 4, 5, 6, 7 and 8)
Wind Power Plants

11.

Solar Power Plants

12.
13.
14.

Onshore Oil and Gas Seismic Surveys
Onshore Oil and Gas Exploration Drillings
Onshore Oil and Gas Production drillingand production activities; transportation
activities including pipelines; pumpstations, compressor stations and storage
facilities; ancillary and support operations;and decommissioning
Offshore Oil and Gas Seismic Surveys
Offshore Oil and Gas Exploration Drillings
Offshore Oil and Gas Production drillingand production activities; offshore pipeline
operations, offshore transportation,
compressor stations and storage facilities;
ancillary and support operations; anddecommissioning

9.

15.
16.
17.

Installed capacity ≥ 5 MW but< 50 MWInstalled capacity ≥ 5 MW but< 50 MWInstalled capacity ≥ 5 MW but< 50 MWInstalled capacity ≥ 50 MW

Installed capacity ≥ 50 MW
Installed capacity ≥ 50 MW
Installed capacity ≥ 50 MW
All activities where the Ministry
requires that the Project shallundergo EIA

All sizes-

All sizes
All sizes

All sizes-

All sizes
All sizes

18.

19.

20.
21.
22.

23.
24.

Petroleum Refineries or Natural Gas
Refineries(including manufacturing ofliquefied petroleum gas, motor gasoline,
kerosene, diesel oil, heating oil, fuel oil,bitumen, asphalt, sulphur, andintermediate products e.g.
propane/propylene mixtures, virgin
naphtha, middle distillate and vacuum
distillate for the petrochemical industry)
Natural Gas Processing Plants;
Production of liquid products from naturalgas (this may include methanol andpetroleum liquid products such as
naphtha, gasoline, kerosene, diesel fuel,waxes, and lubes)
Natural Gas Liquefaction Plants
Oil or Natural Gas Terminals
Petroleum Depotsor Liquid Gas Depots

Oil or Gas Transmission or Distribution
Systems
Filling Stations (including liquefied
petroleum gas and compressed naturalgas)-

All sizes-

All sizes

Storage capacity Petroleum <10,000 t;
Liquid gas < 2,500 t< 10 kmAll sizes
All sizes
Storage capa city
Petroleum ≥ 10,000 t; Liquidgas ≥ 2,500 t≥ 10 km≥ 10 m3 (10,000 l) fuel storage
capacity

All activities where the Ministry
requires that the Project shallundergo EIA

25.
26.

27.

28.

29.

30.

31.

32.

Petroleum-based Organic Chemicals
Manufacturing
Electrical Power Transmission Lines ≥ 115
kV but < 230 kV≥ 50 kmAll sizes

All activities where the Ministry
requires that the Project shallundergo EIAElectrical Power Transmission Lines ≥ 230
All sizes
All activities where the MinistrykVrequires that the Project shallundergo EIAHigh Voltage (230 kV and 500 kV)≥ 4 haAll activities where the MinistryTransformer Substations
requires that the Project shallundergo EIA
AGRICULTURE, LIVESTOCK AND FORESTRY DEVELOPMENT
Plantation Industrial/Crop Production (e.g.
≥ 200 ha but < 500 ha≥ 500 harubber, palm oil, cocoa, coffee, tea,bananas, sugar cane)
Annual Crop Production (e.g. cereals,≥ 500 ha but < 3,000 ha≥ 3,000 ha
pulses, roots, tubers, oil-bearing crops,
fibre crops, vegetables, and fodder crops)
Livestock Farms (e.g. cows, buffaloes,≥ 500 livestock units but <≥ 3,000 livestock units
horses, goats, sheep and others)
3,000
livestock units
Farms for Poultry and Other Commercially Fowl (poultry, ducks, turkeys)
Fowl ≥ 20,000
Raised Fowl
≥ 5,000 but < 20,000
Ostriches ≥ 200
Ostriches ≥ 50 but < 200
Quail ≥ 100,000
Quail ≥ 25,000 but < 100,000

≥ 2,000 pigs but < 5,000 pigs
Total water surface ≥ 1 ha but< 25 ha≥ 5,000 pigs
Total water surface ≥ 25 ha

Total water surface ≥ 1 ha but< 100 ha≥ 50 ha but < 200 ha
All sizes

Total water surface ≥ 100 ha

36.
37.

Pig Farms
Inland Fish Raising and Aquaculture (inrivers, lakes, ponds; including shrimp
raising)
Marine and Coastal Fish Raising and
Aquaculture
Oyster Raising and Pearl Production
Raising and Caring for Wild Animals

38.

Reptile Farms

Alligators, monitor lizards or
pythons< 1,000 reptiles
other reptiles< 5,000 reptiles< 500 ha< 10,000 ha≥ 100 ha but < 5,000 ha

33.
34.

35.

39. Clear-cut Logging
40. Concession Forest
41. Irrigation Systems
Manufacturing
Food and Beverage Manufacturing
42. Meat Processing Plants (slaughter ofcattle, pigs, sheep and other livestock)
43. Poultry Processing Plants (slaughter ofpoultry and other commercially raisedfowl)
44. Fish Processing Plants≥ 200 haAll activities where the Ministry
requires that the Project shallundergo EIA≥ 1,000 alligators, monitor
lizards or pythons≥ 5,000 snakes or other reptiles≥ 500 ha≥ 10,000 ha≥ 5,000 ha≥ 15 t/d but < 50 t/d carcase
production≥ 15 t/d but < 50 t/d carcase
production≥ 50 t/d carcase production≥ 15 t/d but < 75 t/d≥ 75 t/d≥ 50 t/d carcase
production

45.

46.

47.

(fish, crustaceans, gastropods,
cephalopods, and bivalves; includes byproducts such as fish oil and fish meals)
Food and Beverage Processing Facilities(processing of beef, pork, mutton andpoultry meats, vegetable, and fruit raw
materials into value-added food and nonfermented beverage products for humanconsumption)
Dairy Processing Plants(reception, storage, and industrial
processing of raw milk and the handlingand storage of processed milk and dairy
products)
Manufacture of Animal Feeds

48.

Vegetable Oil Production and Processing
Facilities

49.

Manufacture of Starches and Starch
Products≥ 10 t/d but < 20 t/d≥ 20 t/d≥ 200 t/d raw milk on annual
average basis

All activities where the Ministry
requires that the Project shallundergo EIA≥ 100 t/d but < 300 t/d≥ 300 t/d product or
Product and≥ 600 t/d if production is
operating a maximum of 90 d/a< 600 t/d if production is
operating a maximum of 90
d/a≥ 100 t/d but < 300 t/d≥ 300 t/d product or
Product and≥ 600 t/d if production is
operating a maximum of 90 d/a< 600 t/d if production is
operating a maximum of 90
d/a≥ 100 t/d but < 300 t/d product≥ 300 t/d product
and
or

50.

51.

< 600 t/d if production is≥ 600 t/d if production is
operating a maximum of 90 d/a
operating a maximum of 90
d/a
Manufacture of Grain Mill Products (grain ≥ 100 t/d but < 300 t/d product≥ 300 t/d productmilling, rice milling, production of rice flour,andorvegetable milling, coffee and cocoa< 600 t/d if production is≥ 600 t/d if production ismilling, manufacture of flour)
operating a maximum of 90 d/a
operating a maximum of 90
d/aMonosodium Glutamate (seasoning≥ 50 t/d but <100 t/d≥ 100 t/dpowder) Factories≥ 50 t/d but < 300 t/d and< 600 t/d if production is
operating a maximum of 90 d/a≥ 50,000 l/d but < 300,000l/d
product and< 600,000 l/d if production is
operating a maximum of 90 d/a≥ 20,000 l/d52.

Sugar Manufacturing Plants

53.

Alcohol, Wine and Beer Production
Factories

54.

Non-Alcohol Factories (soda, softdrink, mineral water production)

55.
56.

Ice Factories
Drinking Water Factories (for bottled
refined water)≥ 500 t/d but < 2,000 t/d≥ 100,000 l/d

57.

Tobacco Processing Plants≥ 1 t/d but < 15 t/d Product≥ 300 t/d refined sugar or≥ 600 t/d if production is
operating a maximum of 90 d/a≥ 300,000l/d product or≥ 600,000l/d if production is
operating a maximum of 90 d/a
All activities where the Ministry
requires that the Project shallundergo EIA≥ 2,000 t/d
All activities where the Ministry
requires that the Project shallundergo EIA≥ 15 t/d productGarments, Textiles and Leather Products
58. Textile Manufacturing Facilities(production of yarn, fabric, garments
and finished goods based on natural
fibers, synthetic fibers and/or
regenerated fibers)
59. Pre-treatment (washing, bleaching,mercerization) or Dyeing of Textiles orFibres60. Leather Products Manufacturing(includes synthetic leather, handbags,
luggage, saddle, footwear)
61. Tanning and Leather Finishing
Wood Manufacturing
62. Sawmilling and Manufactured Wood
Products

63.

64.

Board and Particle-based Products
Manufacturing(board and particle-based
products, plywood and glued andlaminated products, board from other raw
materials such as sugar cane bagasse,
straw, and linen)
Pulp and/or Paper Mills

All sizes

All activities where the Ministry
requires that the Project shallundergo EIA≥ 1 t/d but < 10 t/d≥ 10 t/d≥1,000 t/a

All activities where the Ministry
requires that the Project shallundergo EIA< 12 t/d finished products≥ 12 t/d finished products

Sawmills: input ≥ 3,000 m3/a but Sawmills: input ≥ 50,000 m3/a
< 50,000 m3/a
Wood products: input ≥ 15,000
m3/aWood products: input ≥ 1,000
m3/a but < 15,000 m3/a
< 600 m3/d
≥ 600 m3/doror
< 420 t/d
≥ 420 t/d

≥ 20 t/d but < 50 t/d≥ 50 t/d

65.

Printing or Other Surface Treatment
Facilities (using organic solvents, inparticular for dressing, printing, coating,degreasing, waterproofing, sizing,
painting, cleaning or impregnating)Chemicals Manufacturing
66. Large Volume Inorganic Compounds
Manufacturing and Coal Tar Distillation(includes ammonia, acids [nitric,hydrochloric, sulphuric, hydrofluoric,
phosphoric acid], chlor-alkali [e.g.
chlorine, caustic soda, soda ash], carbon
black, and coal tar distillation[naphthalene, phenanthrene, anthracene])
67.
68.
69.
70.
71.

Petroleum-based Polymers Manufacturing
PlantsCoal Processing Plants(processing of coal into
gaseous or liquid chemicals including fuels)
Chemical Fertilizer Manufacturing Plants
Pesticide Manufacturing, Formulation, andPackaging Plants
Oleo chemicals Manufacturing Plants(production of fatty acids, _lycerine, andbiodiesel using fats and oils from vegetable oranimal sources)≥ 6 kg/h but < 150 kg/h
consumption of organic
solvents≥ 150 kg/hor
≥ 200 t/a consumption oforganic solvents-

All sizes-

All sizes
All sizes-

All sizes
All sizes
All sizes

72.
73.
74.
75.

76.
77.

Pharmaceuticals and Biotechnology
Manufacturing Plants
Other Basic Organic Chemicals Manufacturing
PlantsOther Basic Inorganic Chemicals Manufacturing
PlantsOther Chemical Products Manufacturing
Plants(e.g. paints, inks, varnishes, soap,
detergents, perfumes, pyrotechnic products,
photographic chemicals)
Explosives Manufacturing Plants
Manufacturing of Extinguishers and Other
Firefighting Products

78.

Manufacturing of CO2Gas and Filling andLiquefying Industrial Gas
Manufacture of Glass and Ceramics
79. Glass, Glass Fibre or Mineral Fibre
Manufacturing Plants
80.

Ceramic Tile and Sanitary Ware Manufacturing
Plants< 50 t/a≥ 50 t/a-

All sizes-

All sizes≥ 5 t/d but < 10 t/d≥ 10 t/d

All sizes

All sizes
All activities where the Ministry
requires that the Project shallundergo EIA≥ 3,000 t/a≥ 1,000 t/a but < 3,000t/a
All sizes

All activities where the Ministry
requires that the Project shallundergo EIA≥ 1,000 t/a fine ceramics All activities where the Ministry≥ 10,000 t/a ceramic tiles requires that the Project shallundergo EIA

Manufacture of Construction Materials
81. Cement and Lime Manufacturing Plants

82.

Clinker Plants

83.

Other Construction Supplies and Materials
Production
84. Asphalt Production Plants
Metal, Machinery and Electronics
85. Base Metal Smelting and Refining Plants(base metal smelting and refining of lead, zinc,copper, nickel, and aluminium)

86.
87.

Manufacture of Pig Iron, Raw and Low Alloy
Steel from Iron Ore or Scrap Metal
Foundries(casting ferrous [iron and steel] andnonferrous [primarily aluminium, copper, zinc,lead, tin, nickel, magnesium, and titanium]
metals)Cement ≥ 10 t/h but < 30
Cement ≥ 30 t/h
t/h
Lime ≥ 50 t/d
Lime ≥ 20 t/d but < 50 t/d
All sizes
All activities where the Ministry
requires that the Project shallundergo EIA≥ 30,000 t/a but≥ 50,000 t/a< 50,000 t/a< 100 t/d
≥ 100 t/d
Non-ferrous metal < 20
t/d melting capacity,
except for lead andcadmium < 4 t/d melting
capacity< 2.5 t/h

Non-ferrous metal ≥ 20 t/d
melting capacity,
except for lead and cadmium≥ 4 t/d melting capacity

Ferrous metal < 20 t/d
production capacity
Non-ferrous metal < 20t/d production capacity
except for lead andcadmium < 4 t/d
production capacity

Ferrous metal ≥ 20 t/d
production capacity
Non-ferrous metal ≥ 20 t/d
production capacity except forlead and cadmium ≥ 4 t/d
production capacity≥ 2.5 t/h

88.

Non-ferrous Metal Melting, Smithy and Filigree

89.

Shipyards and Ship Building Enterprises

90.

92.

Locomotives and Other Railway Rolling Material
Manufacturing, Repairing and Assembling
Metal, Plastic, Fibre and Rubber Products
Manufacturing Plants(material processing
operations common to multiple industries
engaged in the manufacture of metal, plastic,
fibre, and rubber products)
Rubber and Latex Processing Plants

93.

Vehicle Tire Manufacturing Plants

94.

Semiconductors and Other Electronics
Manufacturing Plants(manufacturing ofsemiconductors, printed circuit boards, printed
wiring assemblies, screens, passive
components, and magnetic devices)Electronic and Electric Equipment Manufacturing
Plants(computers, communication equipment,

91.

95.

Production capacity ≥ 5
t/d but < 20 t/d< 1 haand< 20,000 t lifting capacity-

Production capacity ≥ 20 t/d≥ 5,000 m2 production
area, or≥ 6 kg/h consumption oforganic solvents

All activities where the Ministry
requires that the Project shallundergo EIA≥ 2,000 t/a

All activities where the Ministry
requires that the Project shallundergo EIA
All activities where the Ministry
requires that the Project shallundergo EIA≥ 5,000 m2 production
area, or≥ 6 kg/h consumption oforganic solvents≥ 5,000 m2 production
area, or≥ 6 kg/h consumption oforganic solvents≥ 5,000 m2 production
area, or≥ 1 haor≥ 20,000 t lifting capacity≥ 100 vehicles/a

All activities where the Ministry
requires that the Project shallundergo EIA

All activities where the Ministry
requires that the Project shall

96.
97.

consumer electronics (cooking, washing, food,warm and cooling domestic and public
electronic, laboratory equipment, electric motors,
electric lightning etc.)
Batteries and Accumulators Manufacturing
Plants
Machinery, Vehicles and Equipment
Manufacturing Plants

98.

Motor Vehicle and Motor Bike Assembly Plants

99.

Motor Vehicle Accessories, Related Equipment
and Engine Manufacturing Factories

100.

Motor Vehicle Maintenance Workshops

101.

Car Breaking

102.

Weapons and Ammunition Manufacturing Plants≥ 6 kg/h consumption oforganic solvents

undergo EIA< 3,000 t/a≥ 3,000 t/a≥ 5,000 m2 production
area, or≥ 6 kg/h consumption oforganic solvents≥ 5,000 m2 production
area, or≥ 6 kg/h consumption oforganic solvents≥ 5,000 m2 production
area, or≥ 6 kg/h consumption oforganic solvents
Utilization area ≥ 5,000m2

All activities where the Ministry
requires that the Project shallundergo EIA< 10 vehicles/d,< 50 motorbikes/d-

All activities where the Ministry
requires that the Project shallundergo EIA
All activities where the Ministry
requires that the Project shallundergo EIA
All activities where the Ministry
requires that the Project shallundergo EIA≥ 10 vehicles/d≥ 50 motorbikes/dAll sizes

Waste Management
103. Non-Hazardous Waste Disposal Facilities

104.

Non-Hazardous Waste Incinerators

105.

Non-Hazardous Waste Recycling, Recovery or
Reuse Facilities
Hazardous Waste Disposal Facilities

106.
107.

Hazardous Waste Recycling, Recovery or
Reuse Facilities
108. Wastewater Treatment Plants (centralized
systems)109. Wastewater and Storm Water Collection
Systems
Water Supply
110. Groundwater Development for Industrial,
Agricultural or Urban Water Supply
Infrastructure and Service Development
111. Dams and Reservoirs

112.

Lake, River and Channel Land Filling which

Landfills < 10 t/d
andtotal capacity < 25,000 t
Others < 50 t/d< 3 t/hLandfills ≥ 10 t/dortotal capacity ≥ 25,000 t
Others ≥ 50 t/d≥ 3 t/h< 50 t/d≥ 50 t/d-

All sizes< 10 t/d≥ 10 t/d-

All sizes

Length ≥ 1 km but < 10km

≥ 10 km

< 4,500 m3/d

≥ 4,500 m3/d

Dam height < 15 m
andReservoir area < 400 ha
Area < 50 ha

Dam height ≥ 15 m
or
Reservoir area ≥ 400 ha
Area ≥ 50 haImpacts on the Public
Length < 2 km
andArea < 25 ha
Total < 500,000 t

Length ≥ 2 km
orArea ≥ 25 ha
Total ≥ 500,000 t
All sizes

All sizes

Area < 25 ha

All activities where the Ministry
requires that the Project shallundergo EIA
Area ≥ 25 ha-

All sizes

Hospitals

All sizes

All activities where the Ministry
requires that the Project shallundergo EIA

All sizes

121.

Cemeteries and Crematoria(for burial,incineration and other forms)
Tourism and Hospitality Development

122.

Golf courses

113.

Other Large Civil Works Construction(embankments, seawalls, offshore breakwater)

114.
115.

118.

Dredging
River Channel Conservation (surface water &water volume control)
Shipping(operation and maintenance of ships
used for the transport of bulk cargo, and goods,
and ship breaking)Ports, Harbours, and Terminals(ports, harbours,
and terminals for cargo and passengers transfer)Industrial Zone Construction and Development

119.

120.

116.

117.

≥ 80 rooms but < 200roomsortotal utilization area ≥200,000 m2 but <500,000 m2
9 holes≥ 200 roomsortotal utilization area is ≥500,000 m2

18 holesTransportation
123. Railways and Tramways (construction andmaintenance of rail infrastructure and operationof rolling stock)
124. Cable Cars
125. Airports and Runway Construction
126.
127.

128.
129.
130.
131.

Bridges, River Bridges and Viaducts (newconstruction)
Bridges, River Bridges and Viaducts (upgrading)Tunnels
Expressways and Highways (ASEAN Highway
Standard; new construction or widening)
Other Roads (state, region, urban; newconstruction or widening)
Road Improvement (upgrading from seasonal to
all weather surface, widening of shoulders)Mining132. Extraction of Rock, Gravel or Sand from a Riveror Marine Waters
133. Construction, Building and Ceramic Minerals
Extraction (aggregates, limestone, slates, clay,

Length <5 km

Length ≥ 5 km

Length < 0.5 km
Runway length < 2,100m
Length ≥200 m but <2km

Length ≥ 0.5 km
Runway length ≥ 2,100 m

Length ≥ 300 m

All activities where the Ministry
requires that the Project shallundergo EIA
Length ≥ 1 km
Length ≥50 km

Length < 1 km
Length ≥ 2 km but < 50km
Length ≥ 50 km but <100 kmLength ≥ 50 km≥ 1,000 m3/a but <50,000 m3/a
< 200 acre
andLength ≥2 km

Length ≥100 km
All activities where the Ministry
requires that the Project shallundergo EIA≥ 50,000 m3/a
≥ 200 acre
or

134.

135.

136.
137.
138.
139.
140.
141.

gypsum, feldspar, silica sands, granite, kaolin,
bentonite, marble, and quartzite)
Extraction and Refining of Industrial
Minerals(barite, fluorite, phosphate, potash, salt,
soda ash, asbestos)
Extraction of Ferrous, Non-Ferrous Metal andPrecious Metal Ore Except Gold (iron,manganese, silver, copper, tin, antimony, lead,nickel, zinc, chromium, bauxite), and Precious
Stone
Refining of Metal Mineral Ore (without using
hazardous chemicals)
Refining of Metal Mineral Ore (using hazardous
chemicals)
Extraction and Refining of Gold Ore (without
using hazardous chemicals)
Extraction and Refining of Gold Ore (using
hazardous chemicals)
Coal Mining (underground and surface)
Mining, including Dredging of Heavy Mineral
Sands(tungsten, ilmenite, rutile, zircon, titanium,
monazite)< 100,000 t/a≥ 100,000 t/a< 200 acreand<100,000 t/a ore<50 acreand< 50,000 t/a≥ 200 acreor
≥ 100,000 t/a ore≥ 200 acreor
≥ 50,000 t/a<50,000 t/a≥50,000 t/a<25,000 t/a≥25,000 t/a<20 acre≥ 20 acre<20 acre and<25,000 t/a< 100,000 t/a coal
≥ 1,000 m3/a but <50,000 m3/a

≥20 acre or≥25,000 t/a≥ 100,000 t/a coal
≥ 50,000 m3/a

Project Proposal Screening

Chart
1.0
Ministry of Environmental
Conservation and Forestry

Project Proponent
SubmitPrepare Project Proposal

Process for obtaining
permit or license to
implement an activity
or project from thecompetent authority

No
IEE/EIA/EMP
Required

Screening based on theprinciples and categorizationin Annex 1
days15working
days

IEE/EMP Type
Activity or
Project

Chart
2.0

EE Investigations andReview

Chart
2.1

IEE Review and Approval
ProcessChart
2.2

EMP Preparation, Review
and Approval Process

Chart
3.0

Scoping (EIA)

Chart
3.1

EIA Investigations andReview

Chart
3.2

EIA Review andApproval

Chart
4.0

Appeal Process

IEE Investigations and Review

Chart
2.0
Ministry of Environmental
Conservation and Forestry

Project Proponent

SubmitSelect IEE Experts

registeredIEE Experts not appropriate

7 workingdays

Decisionon IEE

EIAIEE Experts appropriate, conduct
IEE
Conduct IEE Investigations

Review IEE Reportauthorities, community based organizations, Disclose the IEE Report to the
publiccivil society Disclose information

about the Activity or Project Call for comments fromgovernment, PAPs, civil society
and other stakeholders

 Undertake environmental andsocial assessment studies andinvestigations
Prepare/Revise IEE
Reportubmit

 Arrange Public Consultations at
local levelworkingdays

not satisfactory

Publicdisclosure of
IEE Report

IEE Report
Decision

IEE Review and Approval

Chart
2.1
Ministry of Environmental
Conservation and Forestry

Project Proponent

EIA
Required

IEE Report
Decision(Approval)

EIA Process
PublicDisclosure

IEE Report
Approved

Inform EIA
is required
Issue ECC withconditions

After getting
Investment
LicensePublic Disclosure of
ECC
Comply with ECC, ECC
Conditions and IEE Report
including EMPEMP Review and Approval

Chart
2.2
Ministry of Environmental
Conservation and Forestry

Project Proponent

EMP Preparation

Submit

EMP Review

EMP is not complete
Go to
Chart
2.0
Go to
Chart
3.0

IEE Process

Inform IEE is required

Process for obtaining
Investment License

EMP

Approved

Inform EIA is required
EIA Process

30 working daysDisclosedecision to
the public

EMP approved

Issue ECC withconditions

After getting
Investment
LicensePublic disclosure of ECC
Comply with ECC Conditions
and EMPScoping (EIA)

Chart
3.0

Ministry of Environmental
Conservation and Forestry

Project Proponent

Check registration
Third Person/
Organization

SubmitI
Select EIA Experts

7 workingThird Person/Organization not

Third Person/Organization Registered, conduct

Conduct ScopingEIA Type Activity or ProjectDisclose information about the Activity or
Project

Undertake environmental and social scoping
studies and investigation

Conduct consultations with the PAPs, local

Prepare/revise Scoping
Report and TOR for the EIA
investigations

Review Scoping Report and TOR

15 working
days60SubmitS
Scoping Report/TOR not
satisfactoryIEE Report

Decision(Approval)
on Scoping

Scoping Report and TOR
Approved
ContinuesContinues

EIA Investigations andReview

Chart
3.1

Project Proponent

Ministry of Environmental
Conservation and Forestry

Conduct EIA Investigations

Review EIA Report
Submit EIA Report to EIA Report
Review Body Disclose information about the Activity or
Project

EIA Report Review Body
prepares comments

 Undertake environmental and social
assessment studies and investigations

 Conduct consultations at national, state andlocal level with PAPs, authorities, civilsociety, community based organizations, theMinistry, sector ministries, regional
government organizations

Prepare/Revise EIA
ReportPublicdisclosure of
EIA Report

Submit Disclose the EIA Report to the public Call for comments from government,
PAPs, civil society and otherstakeholders

 Arrange Public Consultations at State,
Regional and local level

90 working
days

EIA Report notsatisfactory
EIA Report
Decision(Approval)
Approved
Continues

Rejected

EIA Review and Approval

Chart
3.2
Ministry of Environmental
Conservation and Forestry

Project Proponent

No

Decisionwhether to
AppealYes
Termination

EIA Report
Rejected

EIA Report
Decision

PublicDisclosure of EIA
report rejection

InformEIA Report
Approved

Issue ECC withconditions

Process for obtaining
Investment
Public Disclosure of
ECC

Activity or Project
implementation in compliancewith ECC, ECC Conditions
and EIA Report including EMP

No
Yes

Decisionwhether to
AppealAppeal Process

Chart
4.0

Appellant
Ministry of Environmental
Conservation and Forestry

File Appeal

Environmental Conservation
Committee

Forward Appeal
15 days

30 days

Receive instructions
from theEnvironmental
Conservation
Committee

Require revised EIA
ReportReview Appeal
Uphold theMinistry’s
Decision

Require revised
EIA report
Final
Decision on
EIA Report

Revert Decision on EIA
Approval/Rejection

30 working
days
Decisionon
AppealRequire the
Ministry’s
Decision to berevisedInform:Public Disclosure of
result of appeal•Appellant,•Project Proponent•The Ministry

ANNEX 3
Penalties and other Administrative Punishment
Specific Administrative
Punishment of the MinistryNo.

Non-Compliance

Penalties

1

Failure or delay in timely submission of reports within
period prescribed by Ministry

100 to 500 US$ orequivalent Myanmar
Kyat+ 10-25 US$ / day
until curedor
equivalent Myanmar
Kyat‒ Issue Enforcement Notice2

Obstruction or interference with an official in the courseof their duties

250 to 5,000 US$ orequivalent Myanmar
Kyat‒ Issue Enforcement Notice‒ Criminal prosecution

3

Failure to provide information to the Ministry or any
representative

1,000 to 5,000 US$or equivalent
Myanmar Kyat

‒ Suspension of Approval of
EMP, EMP-CP, EMP-OP
in whole or in part
‒ Revocation of Approval of
EMP, EMP-CP, EMP-OP
in whole or in part
‒ Criminal prosecution

Penalties

Specific Administrative
Punishment of the MinistryNo.

Non-Compliance

4

Failure to provide information to Ministry Inspector or
any representative when requested in regard to
inspection and monitoring

250 to 5,000 US$ or ‒ Issue Enforcement Noticeequivalent Myanmar
Kyat

5

Undertaking or allowing any preparatory or otherconstruction works without the prior approval by the
Ministry of a revised EMP or EMP-CP

1,000 to 5,000 US$or equivalent
Myanmar Kyat
+ 50 to 500 US$ /day until cured orequivalent Myanmar
Kyat‒ Criminal prosecution

6

Operating/implementing without a permit, or approvalby the Ministry of an EMP or EMP-OP

1,000 to 5,000 US$or equivalent
Myanmar Kyat
+ 50 to 500 US$ /day until cured orequivalent Myanmar
Kyat‒ Criminal prosecution7

Non-compliance with an Enforcement Notice or
Suspension Notice issued by the Ministry

2,000 to 10,000 US$ ‒ Suspension of Approval ofor equivalent
EMP, EMP-CP or EMP-OP
Myanmar Kyat
in whole or in part
+ 100-500 US$ / day ‒ Revocation of Approval of
EMP, EMP-CP or EMP-OP
until cured or

No.

Non-Compliance

Penalties
equivalent Myanmar
Kyat

in whole or in part‒ Issue Enforcement Notice‒ Suspension of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part
‒ Revocation of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part

8

Failure to notify to the Ministry of any knowledge of any
event of an imminent threat of environmental damage

9

Failure to take reasonable steps to prevent an imminent 2,500 to 10,000 US$ ‒ Issue Enforcement Noticethreat of damage to the environment, social, humanor equivalent‒ Suspension of Approval ofhealth, livelihoods, or property, where applicable based
Myanmar Kyat
EMP, EMP-CP or EMP-OP
on the EMP, EMP-CP or EMP-OP
in whole or in part
‒ Revocation of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part

10

Failure to comply with conditions in the ECC andallowable Emission Limit Values

1,000 to 5,000 US$or equivalent
Myanmar Kyat

Specific Administrative
Punishment of the Ministry

1,000 to 10,000 US$or equivalent
Myanmar Kyat

‒ Issue Enforcement Notice‒ Suspension of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part
‒ Revocation of Approval of
EMP, EMP-CP or EMP-OP
in whole or in partSpecific Administrative
Punishment of the MinistryNo.

Non-Compliance

Penalties

11

Failure to pay compensation amounts required in
respect of social impacts

1,000 to 10,000 US$or equivalent
Myanmar Kyat

‒ Issue Enforcement Notice‒ Suspension of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part
‒ Revocation of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part

12

Failure to fully restore social conditions upon
resettlement

1,000 to 10,000 US$or equivalent
Myanmar Kyat

‒ Issue Enforcement Notice‒ Suspension of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part
‒ Revocation of Approval of
EMP, EMP-CP or EMP-OP
in whole or in part

Notes:

1. All penalty amounts set forth in this Annex are denominated in United States Dollars (US$) and are subject toannual inflation adjustment
2. Abbreviations are as follows:
EMP = Environmental Management Plan
EMP-CP = Environnemental Management Plan - Construction Phase
EMP-OP=Environmental Management Plan - Operational Phase

The Law Amending the Commercial Tax Law(The Pyihtaungsu Hluttaw Law No. 16/2014)
The 9th Waning day of Dabaung, 1375 M.E(24th March, 2014)
The Pyihtaungsu Hluttaw hereby enacts the following law :1.

This Law shall be called the Law Amending the Commercial Tax Law.

2.

The provisions of this Law shall be effective in the whole country commencing from the
2014-2015 financial year.

3.

The word “Region or State Revenue Officer or Head of the Companies’ Circle Tax
Office” in Commercial Tax Law shall be substituted by the word “Area Revenue Officerof the Union or Region or State Revenue Officer or Head of the Companies’ Circle Tax
Office or Head of the Assessment Office”.

4.

In section 3 of the Commercial Tax Law:
(a)

(b)

Sub-section (b), (d), (i) and (q) shall be substituted as follows:“(b)

Assessee means a person who is responsible to pay tax under this Law. \](d)Services means the rendering of a service for remuneration, a fee or
consideration.

(i)

Importer means a person who imports goods or services by any method froma foreign country(q)

Township Revenue Officers means the officer-in-charge of the relevant
Township Revenue Office who is assigned duty to assess the tax which shallbe paid by the assessee. This expression includes Staff Officers or Deputy
Staff Officers who are assigned duty to assess the tax under section 10 of theCommercial Tax Law.

After sub-section (q), sub-section (r), (s) and (t) shall be inserted as follows :“(r) Trade means commercializing goods by a system of cash-payment, credit,
deferred payment, pre-selling, exchange and sale-and-return.

5.

(s)

Trade means a person who trades on his own behalf or as a representative orby any other means.

(t)

The Union Tax Law means the tax law that shall be submitted yearly by theUnion Government to the Pyihtaungsu Hluttaw under the provisions of theConstitution.”

Section 4 of the Commercial Tax Law shall be substituted as follows :“4. Commercial tax as specified in the Schedule shall be imposed on anybody engaging
in the following activities : (a) Domestic manufacturing and distribution, (b) Importing,(c) Trading, (d) Providing services.”
1
105137v1

6.

Section 5 of the Commercial Tax Law shall be substituted as follows :“5. The tax due under section 4 : (a) Shall be paid by the importer for importing (b)Shall be paid by the producer, trader, importer or service provider if they sell[domestically] produced or imported goods or resell goods or provide services; these
persons must collect the tax, together with the net purchase price or the net service fees,from the purchaser or the recipient of the services; (c) Shall be paid by the manufacturer
or importer of Special Goods.

7.

Section 6 of the Commercial Tax Law shall be substituted as follow :“6. For any year : (a) Expressions and tax rates in the Schedule may be amended, added
and abrogated by the Union Tax Law.
(b) The amounts of sales proceeds and revenue from services on which no commercial
tax is assessed may be specified.

8.

After Section 7 of the Commercial Tax Law, the following explanation shall beinserted :“Explanation – Charitable actions include actions to improve education and health,helping the poor and victims of natural disasters as long as the supply or donation are forthe benefit of the people.

9.

Section 8 the Commercial tax Law shall be substituted as follows :“8. (a) The Union Tax Law may provide for the following :(1) Grant of tax exemption or relief and withdrawing of any category of goods orservices or assesses;(2) In respect of any newly established or ongoing enterprise, the following may be
stipulated : (aa) Grant of tax exemption or relief on the import of machineries,
equipment and other articles that are imported in order to use or install them in new or
ongoing construction;(bb) Grant tax exemption or relief of thirty six consecutive months at most, starting fromthe date of commencement of commercial operation of the production or services
business;(3) Grant of tax exemption or relief in respect of any category of goods produced in the
country and exported or sold. (b) The Union Government may grant commercial tax
exemption and relief in respect of the following items :(1) Donations by local and international donors or internal organizations for social,religious, health or educational purposes;(2) Goods supplied by local or international organizations to the State;(3) Equipment from donors or international organizations that is imported in order tobe used by scholars or practitioners who are engaged in the development of theStates.
(4) Goods used by diplomats if the exemption or relief is granted reciprocally.”2105137v1

10.

After Section 15(c) of the Commercial Tax Law, Sub-section (d) shall be inserted asfollows :“(d) Person who pays a monthly fixed rate.”

11.

After Section 15 of the Commercial Tax Law, Section 15A shall be inserted as follows :“15A. Anybody leaving the Republic of the Union of Myanmar shall, in the mannerprescribed by the regulations, obtain a recommendation letter showing that he paid tax
under this law. In respect of this matter, however, the Ministry of Finance of the Union
Government may grant exemptions by notifications.

12.

Section 19(b) of the Commercial Tax Law shall be substituted as follow:“(b) An assessed dissatisfied with any other may appeal in accordance with the regulations.
If the order was issued by the Township Revenue Officer, the assessee shall appeal within
thirty days from the date of receipt of the tax collection letter or order with which theassessee is dissatisfied. If the objecting assessee or the Township Revenue Officer are
dissatisfied with the order of the Area Revenue Officer of the Union or State or Region
Revenue Officer or Head of the Companies’ Circle Tax Office or Head of the Assessment
Office, they have the right to appeal within sixty days from the date of receipt of the orderwith which they are dissatisfied. In counting the limitation period, the following periods
shall be excluded : (i) Time required for obtaining the copy of the order against which theappeal is intended to be filed : (ii) time for filing a request to be entitled to appeal without
paying the tax in full.”

13. After Section 19 of the Commercial Tax Law, Section 19A shall be inserted as follows :“19A. (a) The assessee or Area Revenue Officer of the Union or Region or State
Revenue Officer or Head of the Companies’ Circle Tax Office or Assessable Office may,
if it is a question of law which arises from the order the Revenue Appellate Tribunal,
propose to that Revenue Appellate Tribunal within sixty days from the date of thereceipt of order with which they are dissatisfied to hand over the matter to the Supreme
Court of the Union.
(b) if a proposal filed in accordance with sub-section (a) is rejected by the Revenue
Appellate Tribunal, the person who filed the proposal may apply to the Supreme Courtof the Union within sixty days from the date of the receipt of the order which rejects the
proposal.
14. Section 21 of the Commercial Tax Law shall be substituted as follow :“21. If any person, without sufficient cause, default in any of the following matters, theTownship Revenue Officer shall cause him to pay a fine at the following stipulated
percentage.
When causing him to pay fine, the fine mentioned in sub-section (f) shall be collected
separated before the end of the financial year :(a) a fine equivalent to ten percent of the tax payable in the relevant assessment for the
failure to register or to send intimation of commencement of the operation of theenterprise;3105137v1

(b) a fine equivalent to ten percent of the tax payable in the relevant assessment for eachof the following failures : failure to pay the monthly tax within the stipulated time,
to submit the quarterly return or the annual return;(c) a fine equivalent to ten percent of the additional tax payable in the relevant
assessment for each of the following failures : failure to pay in accordance with theannual return, failure to comply with a notice requesting personal attendance for an
examination relating to the assessment;(d) a fine equivalent to ten percent of the additional tax payable in the relevant
assessment for the failure to pay tax within the stipulated period or within theextended period;(e) a fine equivalent to ten percent of the additional tax payable in the relevant
assessment for the failure to keep receipts or documents showing acceptance of themoney that are required to be kept according to the Commercial Tax Regulations;(f) a fine equivalent to hundred percent of the tax payable in the relevant assessment if
the Township Revenue Officer finds out that [the taxpayer] failed to give the receipt
or document showing acceptance of the money to the purchaser or recipient of theservices in spite of [the taxpayer] having kept such receipt or document.
15. Section 27 of the Commercial Tax Law shall be substituted as follows :“27. The Union Tax Law may, for any year, prescribe the tax rate for [revenue in]foreign currency if foreign currency is received as purchase price for the sale of any
goods or as remuneration for the rendering of any service.
16. The word “the producer, service provided or importer” that is mentioned in Section 30
shall be substituted by the word “the producer, trader, service provider or importer”.
17. After Section 30 of the Commercial Tax Law, Section 31, 32 and 33 shall be inserted asfollow :’31. The Union Government may, except for money collected on export, give a
stipulated percentage of the money collected in Myanmar currency as commercial tax
from a Region or State to the fund of this Region or State.
32. The producer, trader, importer or service provider shall, after having collected thetax together with the net purchase price for the sale of domestically produced goods,bought goods or imported goods or the net fee for the service, give a receipt or adocument showing acceptance of the money to the purchaser or recipient of the service.
33. Regulations may be issued with regard to the sale, production, distribution andimport of special goods where a tax stamp is affixed.
I hereby sign under the Constitution of the Republic of the Union of Myanmar.
(Sd.) Thein Sein
President
The Republic of the Union of Myanmar
4105137v1

1

The Consumer Protection Law(The Pyidaungsu Hluttaw No.10, 2014)(The 14th Waxing of Taboung, 1375 M.E.)(14th , March, 2014)
The Pyidaungsu Hluttaw hereby enacts the following Law:
Chapter (I)Title and Definition
1.

This Law shall be called as the Consumer Protection law.

2.

The following expressions contained in this Law shall have the meanings

given hereunder:(a)“Consumer” means person who takes or uses goods or services not fortrading.

(b)“Consumer Protection” means giving legal protection, giving
guaranteeing in health and safety to the consumers in respect of goods
or services.

(c)“Goods” means object tangible or insufficiently tangible, movable or
immovable, consumable or inconsumable which is enable to trade foruse and consume by general public.

(d)“Services” means an action which fulfills the need of consumer in theform of work or performance in the society.

(e)“Trade” means buying and selling goods or services determined thevalue and aiming to obtain interest.

(f)“Advertisement” means the activity that publicizes the goods produced
and services provided by and individual, any organization or any
business. The activity by media also includes in this expression.

2

(g)

“Entrepreneur” means an individual person or organization conducting
production, distribution, storage, transportation, sale, reproduction,
exportation, importation, resale of goods, providing services oradvertisement.

(h)“Fraud” means the act which is not in good faith of wrong statement orincorrect advertisement with the intention to mislead the consumer
related to goods or services and the act done dishonestly to believe
wrongfully by public of natural quality, manufacturing process,activity process, characteristic, specified standard, intention or quantity
relating to goods or services.

(i)“Damage” means death, injury and loss to a person, and injury and loss
to any property movable or immovable.

(j)“Sale Promotion” means activity aiming at to buy or use more widely
the goods or services by the consumer.

(k)“Consumer Dispute Settlement Body” means a body formed under thisLaw to coordinate and settle the dispute arises relating to goods orservices between entrepreneur and consumer.

(l)“Ministry” means the Ministry of Commerce of the Union
Government.

(m)“Central Committee” means the Central Committee of Consumer
Protection formed under this Law.

(n)

“Department” means the Department of Commerce and Consumer
Affairs.

3

Chapter II
Objectives
3.

The objectives of the Consumer Protection Law are as follows:(a)to enable to understand and claim the own rights as a consumer and not
to cause sufferance from fraud in using the goods or services;(b)

to cause occurrence of a system effectively protect the rights of theconsumer;(c)to cause occurrence of consumer protection scheme including protecting
by Law distributing and informing correct transparent information to
the consumer;(d)to cause behaviours taking responsibility in carrying out with regard
upon consumer protection activity by the entrepreneur;(e)to cause fulfillment of goods or services that enable to ensure the highquality for safety, health, satisfaction of the consumer.

Chapter III
Formation of the Central Committee
4.

The Union Government:(a)shall form the Consumer Protection Central Committee comprising theUnion Minister of the Ministry of Commerce as Chairman, the Deputy
Ministers from the respective Ministries, the Heads from respective
government departments and organizations, the representatives fromthe non-government organizations and experts as members and persons
assigned duty by the chairman as secretary and joint-secretary;(b)

the Central Committee formed under sub-section (a) may amend andform as may be necessary.

4

Chapter IV
Functions and Duties of the Central Committee
5.

The functions and duties of the Central Committee are as follows:(a)

implementing the objectives of this Law to be in success;(b)tendering advice, recommendations and assistance to the Union
Government in laying down and carrying out the policies of consumer
protection;(c)surveying for safety of consumer regarding goods and services;(d)enabling to form non-governmental consumer protection organizations
and encouraging for development of functions thereof;(e)distributing information through media for the interest of consumer;(f)settling the complaints related to consumer protection from theconsumer, consumer protection organizations and other organizations;(g)conducting survey by collecting statistics related to consumer
protection business and reviewing the said surveys and performing forthe interest of consumers as may be necessary;(h)communicating with the international organizations and regionalorganizations;(i)informing to the relevant department, organization for enabling toprohibit regarding goods that are unsuit for consumption;(j)coordinating with the Ministry of Science and Technology for enabling
to form in accord with the stipulations, if necessary, the standardization
experts groups and laboratories of goods or services;

5

(k)

educating the entrepreneurs to protect the interest of consumer andeffectively carry out their affairs;(l)deciding the appeal case on administrative penalty passed by theConsumer Dispute Settlement Body;(m)

co-operating with non-governmental consumer protection associations
formed in accord with the existing law.
Chapter V
Rights and Duties of the Consumer

6.

(a)

The rights of the consumer are as follows:(i)enabling to use safety of the goods or services;(ii)

enabling to choose the goods or services and enabling to obtain
the promised value, terms and conditions and warranty;(iii)

having right to obtain completely and correctly of information
relating to the condition and warranty of the goods or services;(iv)

claiming to hear and settle on dispute related to goods orservices used by the consumer, enabling to obtain consumer
protection and enabling to obtain correct settlement.

(v)

receiving fair relationship that is non-discriminatory treatment
and service.

(b)

The duties of the consumer are as follows:(i)complying with the information and guideline related to goods
or services intended and expressed to cause safety;(ii)

complying with the decisions of the Consumer Dispute
Settlement which settle properly in consumer disputes;(iii)

avoiding

false

entrepreneurs;

accusation

intendedtodetriment

on

6

(iv)

avoiding the saying, writing and acting in order to detriment on
relevant entrepreneurs by mean of media or by other mean while
relevant persons is settling the consumer dispute.

Chapter VI
Rights and Duties of the Entrepreneurs
7.

(a)

The rights of the entrepreneur are as follows:(i)

receiving payment in accord with agreements, value in sale ofgoods or services;(ii)

having right of defence under law in consumer dispute;(iii)

enabling to make regain of goodwill if the injury and loss of theconsumer is not because of his goods or services;(iv)

enabling to regain goodwill if it is provable in accord with thelaw that the injury and loss of the consumer is not because ofgoods or services that he has purchased;(b)

The duties of the entrepreneurs are as follows:(i)

acting the business accord with business ethics;(ii)

giving clear and proper information on goods or services;(iii)

treating honestly and properly with non-discrimination to theconsumers;(iv)

guaranteeing the goods or services traded or produced based on
stipulated standard and quality;(v)

providing opportunity to test on goods or services which require
to test quality before purchasing;

7

(vi)

taking responsibility as guaranteed in respect of damage due toconsuming goods or using services during the warranty period;(vii) taking responsibility as agreed terms and conditions if received
or used goods by consumer are inconsistent with the agreement;(viii) complying exactly with the agreed agreement or promise in theagreement in doing service business;(ix)

avoiding the saying, writing and acting to cause detriment on therelevant consumer by means of media or by other means while
relevant person is settling the consumer dispute.

Chapter VII
Prohibitions for Entrepreneurs
8.

The entrepreneur shall not carry out the production, trade of the followings:(a)goods that are not in conformity with the information or condition
stated on the label, warrantee, distinctive, efficacy, net weight, net
volume, total amount, quality, grade, position, mode, style of therelevant goods;(b)

goods that are not in conformity with the statement contained in theingredients of label or advertisement and sale promotion;(c)goods without name, size, net weight, volume, composition,
instruction, manufactured date and batch number, expiry date, side
effect, poisonous materials, name and address of manufactured
company,
preparation;

name

of

distribution,

trademark,information

and

8

(d)

goods without stating in Myanmar language or jointly in Myanmar andother language, the information or instruction related to use
commencing from the date stipulated by the Central Committee;(e)goods mentioned improperly in respect of place of yield or place of
production;(f)goods that are not in conformity with the recommendation of
acknowledged department or organization of domestic and abroad; orthe prescribed standard;(g)goods that are stated the guarantee of health and nutrition without
reference of scientific research finding by the respective organization;(h)goods that are not in conformity with the prescribed standards andnorms;(i)

service that is not in conformity with stated condition, guarantee,
distinct, term, efficacy in respect of the relevant service;(j)service that is not in conformity with the statement contained in theadvertisement and sale promotion.

9.

The entrepreneur shall not offer for sale, promote sale and advertise withintent of misleading the buyer or user in the following conditions;(a)being goods discounted or fixed special price that are not in conformity
with the referred quality standard, style or mode, distinct characteristic,
use;

(b)

being goods that are not in fresh and good condition;(c)making firm sponsor and approval to goods or services of any othercompany;(d)being goods or services that are not useful or available;

9

(e)

being goods or services that the defect and need are concealed;(f)disparaging directly or indirectly other goods or services;(g)using exaggeration not approved with complete information;(h)being goods or services that are sold or given by offering withuncertain promises.

10.

The entrepreneur shall, in selling and buying, not deceive or mislead theconsumers with any of the following conditions:(a)stating incorrectly that the goods or services meet the prescribedstandard, quality;(b)concealing and stating the need of the goods or services;(c)selling by substituting the other goods which is not the proposed
goods;(d)increasing the price of the goods or services before sale promotion of
the goods or services;(e)selling by redecorating and mixing the goods that are expired;(f)selling by mixing goods that are similar and lower in quality; and thegoods that are different and unsafe to consume.

11.

The entrepreneur shall not offer for sale, promote sale or advertise on special

price within on certain period without arrangement to sell the goods or services
within the designated period or according to the amount as offered, promoted sale,
advertised.
12.

The entrepreneur shall not offer for sale, promote sale or advertise the goods

or services if not enable to give actually although promised to give other goods asprize or give service free of charge.

10

13.

The entrepreneur shall not offer for sale, or advertise the goods or services byusing any mode which causes annoyance to physical or mental of the consumer.
14.

The entrepreneur shall not advertise the following kinds of advertisement:(a)advertisements that are deceived to the consumers in respect quality ofgoods, quantity, ingredients in goods, mode of use to goods, price ofgoods, rate of service and time to be enable to deliver the goods orservices;(b)advertisements that are deceived on warranty of the goods or services;(c)advertisements containing false informations in respect of goods orservices;(d)advertisements that are not informed the risk of using the goods orservices;(e)advertisements used on any person or any incident without thepermission of the person concerned;

(f)
15.

advertisements that violate the provisions of Law, ethics.

The entrepreneur or advertiser shall be liable to the consequences of own

advertisements.
Chapter VIII
Formation of the Consumer Dispute Settlement Body and Functions andDuties thereof
16.

The Central Committee shall, in order to carry out systematically thefunctions of consumer protection and to settle the disputes of consumers, form theConsumer Dispute Settlement Bodies in Regions or States, Districts, Townships
with suitable persons.

11

17.

The functions and duties of the Consumer Dispute Settlement Bodies are as

follows:(a)mediating and conciliating consumer disputes;(b)

distributing knowledge to consumer relating to consumer protection;(c)

accepting and examining the complaint in writing or oral of consumer
relating to the goods or services;(d)carrying out duties conferred by the Central Body from time to time.
Chapter IX
Settlement of Consumer Dispute

18.

The Consumer Dispute Settlement Body shall, in settling the consumer

disputes, carry out the followings:(a)examining the entrepreneur who is accused of violation;(b)

examining the person who knows the consumer dispute, eye-witnesses
and expert;(c)examining and assessing the documents required in inquiry and otherexhibits;(d)examining and deciding whether or not there is loss at consumer’s side;(e)

notifying the decision related to consumer protection to theentrepreneur who has violated against it in dispute;(f)taking action if violates the provisions in section 8.
Chapter X
Right To Take Action of The Consumer Dispute Settlement Body

19.

The Consumer Dispute Settlement Body may, if finds out that theentrepreneur fails to comply any duty mentioned in sub-section (b) or section 7 orviolates any mentioned in section 8, pass decision and take any one or more of thefollowing actions:

12

(a)

warning;(b)

severe warning;(c)remedy;(d)prohibiting the sale and distribution of goods that are disputing inlimited period;(e)causing to recall the goods in market;(f)destroying the goods that are enable to cause danger to consumers;(g)coordinating with the relevant Ministries if required to revoke license
temporarily or permanently of business permit.

20.

The person who is not satisfied with the decision passed relating to taking

actions contained in section 19 may appeal to the Central Committee within 60 days
from the date of passing decision.
21.

The Central Committee may confirm, amend or cancel the decision passed by

the Consumer Dispute Settlement Body. The decision of the Central Committee
shall be final and conclusive.
22.

The Department, shall have the right to collect as arrears of revenue on the

person who fails to pay compensation under the order passed in accord with theprovisions contained in this chapter. In collecting so, any suitable official may be
assigned duty as the collector.

Chapter XI
Offences and Penalties
23.

Any entrepreneur who violates any provision contained in sections

9,10,11,12,13 or 14 shall, on conviction, be punished with imprisonment for a term
not exceeding 3 years or with fine not exceeding 5,000,000 kyats or with both.

13

24.

The consumer may sue for their injury under civil litigation althoughconvicted under section 23.

Chapter XII
Miscellaneous25.

The seller of goods shall give a receipt to the lawyer for purchase of goods. It

shall contain total amount of payment, model number of goods, place of
manufacture, other dates determined by whom it concerns including buyer's
address, name, date of purchase, type of purchasing goods, quantity, amount ofmoney paid for each item, specific statement such as tax in the receipt.
26.

The entrepreneur shall have the burden of proof that there is no intention tomislead contained in section 9.
27.

Matters relating to the provisions contained in this Law shall be carried out

only in accord with this Law.
28.

The Central Committee may, in implementing the provision contained in thislaw, carry out the standardizations for the goods or services by forming separate
expert groups or by selecting the inspection groups, established laboratories under
the relevant existing laws.
29.

(a)

The Central Committee may

recognize the department andorganization that examined chemical whether or not in conformity withstandardization related to goods or services.
(b)

The chemical examination result of the department and organizations
recognized by the Central Committee under sub-section (a) shall befinal evidence.

14

30.

The Consumer Dispute Settlement Body may, in deciding and settling theconsumer disputes, cooperate with the consumer protection associations which are
non-governmental organization formed in accord with the existing law and obtainadvice if necessary.
31.

For enabling to carry out the provisions contained in this Law:(a)the Ministry may issue Rules, regulations and by-laws with theapproval the Government as may be necessary;(b)

the Ministry and the Central Committee may issue notifications,orders, directives and procedures and the Department may issue orders
and directives as may be necessary.

I hereby signed under the Constitution of the Republic of the Union of
Myanmar.

Sd/
Thein Sein
The President of the Union
The Republic of the Union of Myanmar

Environmental Conservation Rules

The Republic of the Union of Myanmar
Ministry of Environmental Conservation and Forestry

ENVIRONMENTAL CONSERVATION RULES

Environmental Conservation Rules

Date: June, 2014

The Republic of the Union of Myanmar
Ministry of Environmental Conservation and Forestry
Notification No. 50 / 2014
The 8th Waxing Day of Nayon 1374 M.E.
( 5th June, 2014)
The Ministry of Environmental Conservation and Forestry, in exercise of power conferredunder sub-section (a) of section 42 of the Environmental Conservation Law, hereby issues the following
rules with the approval of the Union Government.

Chapter (I)Title and Definition
1. These rules shall be called the Environmental Conservation Rules.
2. The expression contained in these rules shall have the same meanings as contained in theEnvironmental Conservation Law. Moreover, the following expressions shall have the meaning
as follows:(a) Law means the Environmental Conservation Law;(b) School means any university, college, school opened by any Government department,
Government organization or private and private organization which got recognization of
the opening by the Government;(c) Environmental management means the management of human activities, which affect allliving and non-living things and influence living things around the world and their relations;(d) Environmental Impact Assessment means the process of systematic study which is
required as part of the decision making process on the proposed project, business, service
or activity whether there are potentials or impact processes that may cause an impact on
physical environment, human and living things, social and socio-economic because of the
project;(e) Meaning of Third Party means an individual or an organization who does not develop
or approve a project, business, service or activity;(f) Initial Environmental Examination means the evaluation whether the impact of a project,business, service or activity is evident, the environmental Impact Assessment is required tocarry out and other specified documents and certificates are necessary to prepare;(g) Environmental Management Plan means the method and the plan to be adopted toprotect, avoid and mitigate environmental impacts due to each project phase like planning,
implementation, operation, decommissioning and after decommissioning of a project,business, service or activity or any other reasons because of the project. Such plan includes
monitoring plan to monitor the change of environmental condition and environmental
conservation activities and precautionary measures in response of environmental
emergency;-2-

Environmental Conservation Rules(h) Form means the form contained in these rules;(i) Environmental Conservation Officer means the staff officer and above level officers
from Environmental Conservation Department.

Chapter (II)Adopting Policy Relating to Environmental Conservation
3. The Committee shall prepare the necessary policies relating to environmental conservation foreach relevant sector in coordination with suitable organization or an individual from theGovernment department, Government organization and private sector concerned and submit
them to the Union Government. Environmental conservation policies approved by theGovernment shall be disclosed to the public with suitable means.
4. The Committee shall, if it considers that policies relating to environmental conservation should
be modified according to the guidance of the Union Government or the submission of an advice
by the Ministry or the advice of the relevant Government department, Governmentorganization, private sector and the public, modify it with the approval of the Union
Government.
5. The Ministry shall, when it considers that it is necessary to adopt or modify the policies relating
to environmental conservation, submit its finding of such adoption or modification of policies
and advice to the Committee.
6. The Ministry shall implement the Myanmar National Environmental Policy and otherenvironmental policies for conservation issued by the Committee according to the section 3
with the approval of the Union Government.

Chapter (III)
Environmental Conservation
7. The Committee shall implement the following environmental conservation educational
trainings, environmental conservation development activities in coordination and cooperation
with the relevant Government departments, Government organizations, social organizations
and private organizations:(a) Arranging and holding talks relating to environmental conservation in schools;(b) Dissemination of knowledge of environmental conservation through media such as
newspaper, journal, magazine, periodical, radio, television, internet, etc…;(c) Drawing schedules for talks and discussions relating to environmental conservation in
urban and rural areas in co-ordination with the relevant administrative organizations,school administrators, organizations relating to environmental conservation;(d) Carrying out the development of environmental conservation studies and researchworks;(e) Carrying out other educational activities relating to environmental conservation.

8. The Committee may carry out the following activities relating to environmental conservationin coordination and cooperation with Government departments, Government organizations andother organizations relating to environmental conservation:-3-

Environmental Conservation Rules(a) Growing tree, inserting fish species and supporting environmental conservation
activities;(b) Exhibiting environmnental conservation shows and exhibitions, conducting
competitions, plays, concerts and entertainments relating to environmental
conservation;(c) Carrying out coordinated cleaning activities;(d) Holding memorial days relating to environmental conservation;(e) Carrying out other activities relating to environmental conservation;(f) Protecting endangered species and reintegration and regeneration them in their habitats.
9. The Committee:(a) May suggest and encourage, if necessary, the relevant departments to insert and amend
the school lessons on environmental conservation;(b) Shall scrutinize, from time to time, the progress of implementation developed by theadvice of the relevant Government department and Government organization.
10. The Committee may, if any of the following situations arises, send necessary advice or
encouragement to the relevant Government department and Government organization:(a) Guidance of the Union Government relating to environmental conservation;(b) Asking advice from the relevant Government departments and Governmentorganizations;(c) Finding out by means of investigation of environmental conservation;(d) Considering by itself, according to any report or by his own motion, that it is necessary
for conservation of environment.

11. The Committee may assign the Ministry to scrutinize whether the relevant Government
department and Government organization follows the advice or encouragement given in section
10.
12. The Committee, for the conservation and enhancement of environment:(a) May ask necessary proposals, advices, remarks from the relevant Government
departments, Government organizations, international institutions, local and oversea nongovernmental organizations, social organization, experts and the public for a particular caseor general;(b) May guide to the Department to hold workshops, conferences if it is necessary;(c) May accept and obtain local or foreign technical assistances;(d) May ask the Ministry to prepare and maintain a record, apply and manage the technicalassistances obtained in sub-section (c);(e) May ask the relevant Government department to obtain local or foreign technicalassistances and providing necessary assistances for enabling to do so;(f) Shall coordinate with the relevant Government department and Government organization,
which receives technology, to inform to the Committee about the technology received andthe progress at the time of completion or annually.
13. The Committee, relating to occurrence of the situation which damages to the environment or
which are likely to damage the environment:-4-

Environmental Conservation Rules(a) May inform to the Government department and Government organization concerned if it isfound that it is occurred because of the Government department, Government organization
owned project, factory, workshop, work centre, service or place; to the relevant owner and
the Government department and Government organization which issued permission,
licence, permit and an order to develop such project if it is found that it is occurred becauseof the private-owned or public company owned factory, workshop, work centre, service orplace, to handle as necessary within the stipulated period not to cause environmental
damage;(b) Shall inform to the relevant Government department and Government organization to takeaction of terminating business, if it does not comply with the notice under sub-section (a)within the stipulated time;(c) Shall ask the policy from the Union Government to carry on if it is necessary.
14. The Ministry shall implement the environmental management work programs for the wholecountry or for a region in respect of environmental management with the approval of the Union
Government.
15. The Ministry shall cooperate and coordinate so that the relevant Government departments,
Government organizations, Nay Pyi Taw Council, Region or State Government, Selfadministered Division or Self-administered Region, District General Administrator of theGeneral Administration Department or Township General Administrator of the General
Administration Department, Ward or Village-tract Administrator, Private organization and the
Public can implement the work programmes for environmental management described in
section 14 in accordance with stipulations.
16. The Ministry:(a) Shall adopt the necessary programs, with the approval of the Committee, for theconservation and enhancement of environment, protection, control and reduction ofpollution in the environment, and reconservation;(b) May assign duty to the relevant department and the organization under its Ministry or otherrelevant Government department and Government organization with the guidance of theCommittee to implement the programs contained in sub-section (a);(c) May form an inspection team in the department or organization under the Ministry or in
any other relevant Government department and Government organization with theguidance of the Committee to monitor and inspect the implementation of programs
contained in sub-section (a);(d) May give an advice about environmental conservation if the relevant Government
department, Government organization, private organization and an individual asks for anadvice about the conservation and enhancement of environment, protection, control andreduction of pollution in the environment, or if it considers that it is necessary.
17. The organization which has a responsibility to monitor, inspect and supervise theimplementation of the programs contained in sub-section (c) of rule 16 shall submit their work
performance report to the Ministry.

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Environmental Conservation Rules

18. The Ministry:(a) May assign duty to the Department to prepare and submit proposals about potential
methods and conditions for economic incentives which do not affect or has minimum
impact on the environment for continuous growth in addition to legal affairs and guidelines
relating to environment;(b) Shall scrutinize proposals submitted by the Department and submit them to the Committeewith its remark.
19. The Ministry:(a) May assign duty to the Department to support in handling issues smoothly if anenvironmental dispute arises between the Government department and Governmentorganization; between Government department and private organization or public; between
an individual and private organization; between an individual, private organizations andthe public;(b) May form a conciliation body, if it is necessary, comprising representatives from therelevant Government department, Government organization, representatives of bothparties, and suitable citizens, to conciliate and handle the dispute. Moreover, it may
determine the functions and duties of such body;(c) May reform the conciliation body if the formation of the conciliation body is objected withreason by one parties of the dispute or both parties;(d) Shall submit and ask the guidance of the Union Government for the disputes which cannot
be handled by the conciliation body.

20. The Ministry shall, according to the power contained in sub-section (h) of section 7 of the Law,determine the categories of hazardous substances which may significantly affect theenvironment at the present situation or in short term or in long term to prohibit import, export,
production, storing, transporting and trading in accordance with the international conventions
and international agreements relating to environmental conservation accepted by Myanmar.
21. The Ministry may assign duty to the Department to implement policy, order, work programs
and guidelines relating to management, conservation and enhancement of environment for thematters of protection of the ozone layer, conservation of biological diversity, conservation ofcoastal environment, mitigation and adaptation of global warming and climate change,
combating desertification and management of non-depleting substances and otherenvironmental matters.
22. The Ministry shall, when the Union Government assigns other functions and duties relating toenvironmental conservation, implement them itself or, if it is necessary, in coordination andcooperation with the relevant Government departments, Government organizations andindividuals.
23. The Department:(a) shall negotiate and draw the short term, medium term and long term projects forenvironmental management relating to the whole country or relevant local area and carryout implementation, supervision and scrutinization of implementation with the approval of
the Ministry;-6-

Environmental Conservation Rules(b) Shall implement the plans for environmental conservation and enhancement, protection ofpollution in environment, control and reduction of pollution in environment in accordancewith the guidance of the Ministry;(c) Shall monitor the implementation of projects and plans contained in sub-sections (a) and(b), if it is necessary in cooperation and coordination with other Government departments,
Government organizations and non-governmental organizations, and submit the work
performance report to the Ministry.
24. The Department shall prepare and submit proposals about potential methods and conditions for
economic incentives which do not affect or has minimum impact on the environment to the
Ministry for continuous growth in addition to legal affairs and guidelines relating toenvironment;
25. The Department shall prepare necessary information for the Ministry to prescribe the categoriesof hazardous substances which may affect significantly at the present situation or in short termor in long term on the environment to prohibit import, export, production, storing, transportingor trading in accordance with the international conventions and international agreements
relating to environmental conservation accepted by Myanmar and submit them to the Ministry.
26. The Department shall also carry out the following functions and duties for conservation ofenvironment:(a) Collection and compiling of data for the conservation and enhancement of the environment,
doing research and conducting training programs;(b) Making plans to be carried out according to mitigation of climate change and adaptation
policy;(c) Implementing the dissemination of environmental information and enhancement ofenvironmental awareness;(d) Managing and carrying out environmental conservation awareness education andbroadcasting works for enabling to teach environmental subjects in schools and public
participation in environmental conservation activities;(e) Scrutinizing and submitting so as to enable to issue necessary permissions relating tobusiness, factory and workshop which has an impact on environmental quality and would
be implemented by the Government departments, Government organizations, private
individuals and private organizations;(f) Scrutinizing and giving remark in response to the request of the relevant departments,organizations relating to import, export and transportation of hazardous substances, which
can damage the environment and are restricted or prohibited by international agreements
and local existing laws;(g) Determining and declaring guidance relating to the Environmental Impact Assessment
procedure;(h) Preparing Environmental Impact Assessment system and submitting to the Ministry;(i) Preparing and submitting an environmental situation report for the whole country;(j) Declaring the environmental situation to the whole country, to each region or for aparticular case to the public in accord with the guidance of the Ministry.

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Environmental Conservation Rules

Chapter (IV)International, Regional and Bi-lateral Cooperation Relating to Environmental
Conservation
27. The Committee may, if it considers that it is necessary to conclude international, regional andbilateral agreements, instruments relating to matters of environmental conservation, assign the
Ministry to proceed as appropriate after obtaining an approval from the Union Government.
28. The Committee, in order to carry out conservation and enhancement of the environment
according to international convention, regional and bilateral agreements relating toenvironmental conservation which shall be implemented by Myanmar:(a) May discuss with the relevant Government departments and Government organizations;(b) May arrange for cooperation and participation of the Ministry and relevant Government
departments and Government organizations for implementation.

Chpater ( V)
Environmental Management Fund
29. The Committee, for conservation of environment:(a) May accept the donation, aid and others in cash or by account ransfer or any other means;(b) Shall deposit donation, aid and others contained in sub-section (a) to the environmental
management fund;(c) Shall expend the environmental management fund only for environmental conservation
matters except that the Committee decides to use in other case;(d) Shall instruct the Ministry to maintain the receipts under sub-section (a) with statistics, touse, inspect and manage them.

30. The Ministry:(a) May determine necessary facts including conditions and the amount of compensation paidby the polluter, who make a damage to the environment, with the approval of theCommittee;(b) May determine, with the approval of the Committee, necessary facts including the amountof money which shall be contributed by organizations which obtain benefit from the naturalenvironmental service system and businesses which explore, trade and use the natural
resources from a part of the benefit for the fund to be used in environmental conservation
works.
31. The Ministry shall establish the environmental management fund with the following receipts toimplement environmental conservation activities effectively :(a) Receipts from the Union Consolidated fund;(b) Receipts from the Ministry by carrying out its duties relating to environmental
conservation;(c) Loan, donation, grant and other lawful receipts from the Committee and the Ministryfrom local and overseas;-8-

Environmental Conservation Rules(d) Compensation by the polluter under sub-section (o) of section 7 of the Law and section 30of the Rules, and contribution of organizations which obtain benefit from naturalenvironmental service system and contribution of businesses, which explore, trade and use
the natural resources from a part of the benefit the for the fund for environmental
conservation works.
32. The Ministry may assign duty to the Department to carry out depositing, managing,withdrawing to use, transferring and keeping financial records of the environmental
management fund according to section 31, in accord with the guidance of the Committee.
33. The Department, regarding the environmental management fund in accord with the guidanceof the Ministry,(a) Shall set up a withdrawl account at any State-owned bank;(b) Shall set up an account for each category of material, donation and grant and make arecord;(c) Shall manage in accordance with the financial regulation;(d) Can withdraw, use and transfer the fund for expenses
34. The Department shall carry out depositing money to and withdrawing money from theenvironmental management fund , keeping financial records and reporting to the Ministrymonthly.
35. The Ministry may contribute and expend the environmental management fund for the
expenditure for special matters relating to management, conservation and enhancement ofenvironment for the matters of protection of the ozone layer, conservation of biologicaldiversity, conservation of coastal area, mitigation and adaptation of global warming and climatechange, combating desertification, pollution control, management of non-depleting substances,doing research and development for environmental conservation and other environmental
matters.

Chapter (VI)
Environmental Emergency
36. The Committee:(a) Shall, if it knows and belives by itself or if it receives reliable information from the Ministryor any other Government department or Government organization or by any other meansthat any situation of environmental emergency arises or likely to arise in the entire country
or in Nay Pyi Taw or in any Region or State or in any area, inform immediately to theUnion Government to enable to declare occurrence of an environmental emergency:(b) If it is considered that an emergency situation is over, it shall inform to the Union
Government to enable to declare the termination of the environmental emergency.
37. The Ministry:(a) Shall prepare the emergency response plans for the environmental emergency in advancein coordination with the relevant Government departments and Government organizations;-9-Environmental Conservation Rules(b) Shall carry out, as may be necessary, in coordination and cooperation with the relevant
Government departments, Government organizations, Non-governmental organizations
and Experts, in accord with the guidance of the Union Government, to enable to prevent
damage to the environment which is caused or likely to cause by environmental emergency.

Chapter (VII)
Environmental Quality Standards
38. The Ministry:(a) May stipulate, with the approval of the Union Government and the Committee, theenvironmental quality standards contained in sub-section (d) of section 7 and section 10 of
the Law for the whole country, for any area or urban or rural, area, any river, any stream,
any lake, or a part of them for environmental conservation and enhancement by notification;(b) May coordinate and cooperate as necessary with the relevant Government department,
Government organization, other Government departments, other Governmentorganizations which are responsible to stipulate environmental quality standards, Nay Pyi
Taw Council, Region or State Governments, City Development Committees, District
Development Committees and Non-governmental organizations in stipulating theenvironmental quality standards under sub-section (a);(c) May modify such stipulation under sub-section (a), as may be necessary, for the interestsof the public according to the time and area;(d) May carry out, as may be necessary, activities to encourage the public as well as the relevant
Government departments and Government organizations to comply with the environmental
quality standards stipulated under sub-section (a).

39. The Department:(a) Shall prepare the environmental quality standards for the Ministry in accordance withsection 38 (a), in co-ordination with the relevant Government departments, Governmentorganizations, other Government departments and organizations which are responsible tostipulate environmental quality standards, the Nay Pyi Taw Council, Regional or State
Governments, City Development Committees, Regional Development Committees, Nongovernmental organizations and Experts, as may be necessary, and submit them to the
Ministry;(b) May conduct necessary special inspections and investigations at necessary time and place
to enable to stipulate environmental quality standards.

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Environmental Conservation Rules

Chapter (VIII)Management of Urban Environment
40.
(a) The Ministry may give necessary advice about environmental conservation if the relevant
Government departments and Government organizations, private organizations andindividuals ask an advice about urban environmental management contained in section 17of the Law in accord with the guidance of the Committee, or if it considers necessary;(b) The Department shall submit an advice about urban environmental management with its
comments to the Ministry if it is necessary.

Chapter (IX)
Waste Management
41. The Ministry shall specify categories and classes of hazardous wastes generated from theproduction and use of chemicals or other hazardous substances in carrying out industry,
agriculture, mineral production, livestock and fisheries, waste disposal and other activities incoordination with the relevant Government department and Government organization.
42. The Ministry, to enable to promote the establishment of necessary facilities or centers for thetreatment of solid waste, liquid waste and gas emissions which contain poisonous andhazardous substances, shall cooperate with the relevant Government departments, Governmentorganizations and experts:(a) May cause certain categories of business which release solid waste, liquid waste and gas
emission containing prescribed amount of poisonous and hazardous substances to carry out
treatment by establishing its own waste treatment factory or waste treatment station, or
combined waste treatment factory or waste treatement station;(b) May determine the period for the businesses, which were established before the issue ofthese rules and are responsible to establish its own waste treatment factory or waste
treatement station, or combined waste treatment factory or waste treatment station, toestablish factories and stations for waste treatment;(c) May assign duty to the Department to inspect and report whether the businesses concerned
comply with waste treatment under sub-section (a).

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Environmental Conservation Rules

43. The Ministry:(a) May prescribe the terms and conditions relating to effluent treatment in industrial estate,
special economic zones and other necessary places and buildings, and emissions ofmachines, vehicles and mechanisms;(b) May prescribe supervision methods relating to confiscation, storing, keeping safetymeasures, transportation, import, export, managing such material with advanced
technology, treatment and disposal of hazardous waste;(c) May adopt necessary measures for improvement of destruction, storage, placment andtransportation of solid waste in coordination with the relevant Government departments
and Government organizations;(d) May adopt cleaner production methods and recycling method of natural resources andwastes in industries and businesses.
44. The Department shall specify the categories and classes of hazardous wastes generated fromthe production and use of chemicals or other hazardous substances in carrying out industry,
agriculture, mineral production, livestock and fishery, waste disposal and other works, incoordination with the relevant Government departments and Government organizations, if
necessary relevant non-governmental organizations according to the guidance of the Ministry
and submit them to the Ministry.
45. The Department shall inspect whether the businesses which are responsible to establish a waste
treatment factory or center under section 42 comply with terms and conditions of waste
treatment according to the guidance of the Ministry and submit a report to the Ministry.
46. The Department:(a) Shall prepare the terms and conditions relating to effluent treatment in industrial estates,
special economic zones, other necessary places and buildings, and emissions of machines,
vehicles and mechanisms and submit them to the Ministry;(b) Shall prepare methods for supervision of confiscation, storage, keeping safety measures,transportation, import, export, managing that material with advanced technology, treatment
and disposal of hazardous waste and submit them to the Ministry;(c) Shall cause to implement and supervise the measures adopted by the Ministry for the
improvement of destruction, storage, placement and transportation of solid waste;(d) Shall submit a report to the Ministry after inspecting industries and businesses whether
cleaner production methods and recycling method of natural resources and wastes
stipulated by the Ministry are adopted.

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Environmental Conservation Rules

Chapter (X)Conservation of Natural Resources and Cultural Heritages
47. The department:(a) Shall scrutinize the situation of performance relating to conservation, management,
beneficial use and sustainable use of natural resources and enhancement of regional
cooperation implemented by the relevant Government departments and Governmentorganizations in accord with the guidance of the Union Government and the Committee
according to section 18 of the Law and report the progress to the Ministry;(b) Shall coordinate with relevant Government departments and Government organizations not
to deplete the habitats of natural plants and living things when implementing facts
contained in sub-section (a).
48. The Ministry may cooperate with the relevant Government departments and Governmentorganizations or assign duty to cooperate them when carrying out environmental conservation
activities for perpetuation of cultural heritage areas, natural heritage areas, cultural monuments,
buildings and natural areas according to one of the exsiting Laws.
49. The Ministry may assign duty to the Department to cooperate with the relevant Government
departments and Government organizations when making proper land use for perpetuation ofnatural resources and cultural heritages contained in section 18 of the Law.
50. The Ministry may communicate and coordinate with the international organizations, as may benecessary, to enable to obtain necessary technology, skill assistance for perpetuation of natural
resources and cultural heritages.

Chapter (XI)
Environmental Impact Assessment
51. The Ministry may assign duty to the Department for enabling to adopt and implement theenvironment impact assessment system.
52. The Ministry shall determine the categories of project, business, service or activity which shallconduct environmental impact assessment.
53. The Ministry may cause the categories of proposed project, business, service or activity which
are not included in the categories stipulated under section 52 to conduct an initial environmental
examination so as to enable to scrutinize whether or not environmental impact assessment study
is necessary to conduct for such projects.
54. Government department, organization or an individual who would develop the categories ofproject, business, service or activity stipulated under section 52:(a) Shall conduct an environment impact assessment for his project, business, service or
activity;(b) Shall submit that the environment impact assessment is intended to conduct by which third
party or an organization to the Ministry in advance;(c) Shall submit the environmental impact assessment report to the Ministry.
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Environmental Conservation Rules

55. Government department, organization or an individual which has been established before theenaction of these rules and is responsible to coduct the environmental impact assessment or
initial environmental examiniation for the project, business, service or activity:(a) Shall prepare the environmental management plan according to environmental impact
assessment procedure and submit it to the Ministry;(b) Shall implement an environmental management plan with stipulated terms and conditions
approved by the Ministry within the time stipulated by the Ministry.
56. Government department, organization or an individual who develops the project, business,
service or activity shall manage to conduct environmental impact assessment by a third partyor an organization with suitable qualifications accepted by the Ministry.
57. The Ministry shall, upon submission that the environmental impact assessment is intended to
conduct by which third party or organization under section 54 (b) to the Ministry in advance,
determine and decide after making scrutiny whether or not it is a suitable third party or an
organization to conduct the environmental impact assessment. The decision of the Ministry
relating to such matter is final and conclusive.
58. The Ministry shall form the environmental impact assessment report Review Body with experts
from relevant Government departments and organizations.
59. If private experts are included in the environment impact assessment report Review Body,
honorariums, expenses and allowances for them shall be borne from the environmental
management fund.
60. The Ministry may assign the Department to scrutinize the report of environmental impact
assessment prepared and submitted by a third party or an organization and report to the Ministry
through the environmental impact assessment Review Body.
61. The Ministry may approve and reply the environmental impact assessment report orenvironmental management plan with the guidance of the Committee.

Chapter (XII)
Prior Permission
62. The Ministry shall determine and declare the categories of business, work-site or factory,
workshop which may cause an impact on the environmental quality with the approval of theCommittee and with the agreement of the Union Government.
63. The owner or occupier of the category of business, work-site or factory, workshop stipulated
under section 21 of the Law and section 62 of the Rules shall apply the application (Form-1) to
the Ministry to obtain the prior permission.
64. The Ministry shall, if the application for prior permission is allowed after scrutiny, issue theprior permission in Form-2 by stipulating terms and conditions. The business, work-site orfactory, workshop which the Ministry issued prior permission shall be registered and kept asrecords.

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Environmental Conservation Rules

65. The Ministry may, if it refuses any application to issue prior permission as it is not in conformity
with the stipulations, allow such application to re-apply for the issue of prior permission after
it is performed in conformity with such stipulations completely.
66. The Ministry may check whether or not it complys with stipulated terms and conditions whenissuing prior permission:(a) May assign duty to the Department to scrutinize and inform;(b) May inform to the relevant Government department and Government organization to
scrutinize and inform.
67. The investor shall obtain the approval of the Ministry concerning the environment impacts.
68. For improvement of environmental management, the small scaled private enterprise, factory
and workshop which are not included in the categories stipulated in sections 52 and 53 and 62
shall obtain a comment from the Department concerning the environment impacts before
applying a permission and a license to the Ministry concerned to construct or operate thebusiness.

Chapter (XIII)
Prohibitions
69.
(a) Any person shall not emit, ask to emit, dispose, ask to dispose, pile and ask to pile, by anymeans, hazardous waste or hazardous substances stipulated by notification according to
any rules in this rules at any place which may affect the public directly or indirectly.
(b) Nobody shall carry out any activity which can damage the ecosystem and the naturalenvironment which is affected due to such system, except for the permission of the Ministry
for the interests of the people.

Chapter (XIV)
Miscellaneous
70. The Committee may coordinate and cooperate to have a contact person or a division in relevant
Government departments and Government organizations to enable to cooperate to carry out
environmental conservation activities in each sector.
71. The Ministry may give a certificate of honor or an acknowledgement of good environmental
management to the city, place, factory, workshop, project, etc... which is good in environmental
management.
72. The Department which shall carry out the functions and duties of the Department according tothese rules is the Environmental Conservation Department of the Ministry of Environmental
Conservation and Forestry.
73. The Environmental Conservation Department may delegate to carry out his functions andpowers of the Environmental Conservation Department to the relevant officer-in-charge of theEnvironmental Conservation Department in Region or State as necessary.

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Environmental Conservation Rules

74. Any person who finds the commission of any act which may affect the environment or theviolation of any prohibitions may, for environmental conservation, inform to the relevant
Township General Administration Department, relevant department and organization or theoffice of the ward or village-tract administrator.

(Sd.) Win Tun
Union Minister
Ministry of Environmental Conservation and Forestry
Letter No. 2/ 220 (b) (6)/ (4301/ 2014)
Date: 5th June, 2014
Delivered to
The President Office
The Union Government Office
The Hluttaw Office
The Supreme Court of the Union
The Court of National Constitutional Law
The Office of Union Election Commission
The Office of Union Attorney General Office
The Office of the Auditor General of the Union
The Office of Union Gazetted Officers
All Union Ministries
Myanmar Central Bank
Naypyitaw Concil, State and Regional Ministers
Offices of State and Regional Government
Secretary, Myanmar Investment Committee
Managing Director, Printing and Publishing Enterprise(A request to announce in the Myanma Gazette)
Office Copy
Myo Nyunt
Staff Officer
Ministry of Environmental Conservation and Forestry- 16 -

Environmental Conservation Rules

Form (1)Application for the Issue of Prior Permission( Rule 63)
To
Union Minister
Ministry of Environmental Conservation and Forestry
Dated:…. Year…. Month…Day
Subject:

Application for the issue of prior permission

1.
I Mr./Ms……………………………………………… residing at …..……………… Region…..……………………Township….……………… City ….………………………Ward/Village-tract
apply for the issue of prior permission according to section 64 of the Environmental Conservation Rules
to carry out the following business.
2.
The relevant facts are submitted as follows:(a) Name of applicant owner …………………………………………………………………
(b) Name of Father……………………………………………………………………………
(c) National Registration Card (NRC) No.………………………………………..…………
Passport No. ………………………………………..………………..……………………
(d) Place of issuing NRC……………………………………………………………………
Place of issuing Passport…………………………………………………………………
(e) Nationality ………………………………………………………………………………
(f) Place of birth ……………………………………………………………………………
(g) Address …………………………………………………………………………………
1) If he is a Myanmar nationality, local address……………………………………
……………………………………………………………………………………
2) If he is a foreigner, address in his own country …………………………
……………………………………………………………………………………
3) If he is a foreigner, address in Myanmar……………………………………
……………………………………………………………………………………
(h) The type of business for which the prior permission is requested ………………
……………………………………………………………………………………………
…………………………….……………………………………………………………
(i) The address of the business/ work-site/ factory/ workshop …………………….………
………………………………………………………………………………….…………
(j) To attach the copy of the company registration if it is a company.
(k) To attach the copy of permission, license, permit of the business if it is obtained fromother Government departments and Government organizations.

Applicant(Mr. / Ms…..)- 17 -

Environmental Conservation Rules

Form (2)Prior permission( Rule 64)
Subject: Issuing prior permission
1. Prior permission is given to U/ Daw…………………………………………… who resides in………..………… Country, ……..……..……..…… Region/ State, ………………………… City,……………………… Township, ……………………. Ward or Village in response of requesting priorpermission for a business which is described in the paragraph 2 with the condition that the applicant
must follow the rules and regulations described in the paragraph 3 according to section 64 of theEnvironmental Conservation Rules.
2. Applied Business Information(a) Type of business for which the prior permission is requested ……………………………………
….…………………………………………………………………………………………………….…
….…………………………………………………………………………………………………….….
(b) The address of the business/ work-site/ factory/ workshop…………………………………………
……………………………………………………………………………………………………………
…………………….………………………………………………………………………….…….…….
3. Rules and regulations(a) Paying compensation with the amount of money decided by the Ministry if the project pollutes theEnvironment.
(b) If there is benefit from natural environmental service system, a specified amount of money decided
by the Ministry should be contributed to the fund.
(c) If it is the extraction of natural resources, a part of the benefit must be contributed to the fund ofenvironmental management for environmental conservation works according to the Ministry.
(d)………………………………………………………………………………………………………
………………………………………………………………………………………………………. …
(e)………………………………………………………………………………………………………
…………………………………………………………………………………………………………
(f)…………………………………………………………………………………………………………
…………………………………………………………………………………………….……………

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Myanmar Special Economic Zone Law, 2014(2014, The Pyidaungsu Hluttaw Law No. 1/2014)
8th Waning of Pyatho 1375 ME(2014, January 23)
The Pyidaungsu Hluttaw hereby enacts this Law.
Chapter I
Title, Relevance and Definition
1. This Law shall be called the Myanmar Special Economic Zone
Law, 2014.
2. This Law is relevant to all the Special Economic Zones.
3. The following expressions contained in this Law shall have themeanings prescribed hereunder:(a) Union means the Republic of the Union of Myanmar;(b) Union Government means the Union Government of the
Republic of the Union of Myanmar;(c) Special Economic Zone means the zone notified and establishedby the Central Body as the Special Economic Zone bydemarcating the boundary and issuing the notification under thisLaw;(d) Infrastructures

mean physical fundamental requirements

connected with Special Economic Zone such as electric power
supply, water supply, sewage treatment, transportation, road,
D:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

1

railway, port, airport and communication network and fundamental
requirements that are not physical such as computer programmes
management programmes which can carry out tasks in easy andeffective ways;(e) Developer means company, person or organization, as the casemay be, which is permitted by the Management Committee to
implement care by case in the development works, constructionof infrastructure, operations or maintenance works of the Special
Economic Zone in accordance with the provisions of this Law
andrules,

regulations,notifications,orders,directives,

procedures issued under to this Law;(f) Investor means citizen and foreigner who establish the joint
venture business or citizen or foreigner who implements theinvestment business permitted by the relevant Management
Committee case by case in the Special Economic Zone;(g) Citizen includes the associate citizen and naturalized citizen. In
this expression the economic organization formed by the citizens
shall also be included by this Law;(h) Foreigner means a person who is not the citizen. In thisexpression the economic organization formed by foreigners shallalso be included by this Law;(i) Free Zone means the area which is deemed to be situated outside
the country which is stipulated by the relevant Management
Committee and the Customs Department to be entitled to theD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

2exemption of the customs duty and other taxes relating to thegoods in the Special Economic Zone and the goods imported into
this zone. In this expression also includes the Free Zone business
manufacturing area, transportation area and international wholesale
area;(j) Promotion Zone means the internal taxation area situated within
the Special Economic Zone and other activities which are not theactivities of Free Zone;(k) Free Zone Activity means activities situated within the Special
Economic Zone and export-oriented activity which has the samerights as the factory activities in the Free Zone which are notseparately prescribed as the Free Zone or the Promotion Zone;.
(l) Other Activity

means activity which has the same rights asfactory activity in the Promotion Zone

situated within theSpecial Economic Zone which are not separately prescribed as
the Free Zone or the Promotion Zone and the activities in the
Promotion Zone;(m) Other Zone means the zones stipulated by the Union
Government from time to time except high-technology industrial
zone, information and technology zone, export products
manufacturing zone, port area zone, providing and transportation
zone, science and technology research development zone,
services zone, subsidiary trade zone;(n) Central Body means the Central Body relating to the Myanmar
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3Special Economic Zone formed by the Union Government under
this Law;(o) Central Working Body means the Central Working Body
relating to the Myanmar Special Economic Zone formed by theCentral Body under this Law;(p) Management Committee means the Special Economic Zone
Management Committee formed under this Law to carry out the
management, administration and supervision works in therelevant Special Economic Zone;(q) Focal Ministry means the Union Ministry prescribed andassigned by the Union Government to take responsibility inimplementing the necessary functions and duties under this Law;(r) Asset means land, building, vehicle and capital assets of thebusiness, the shares, promisory deed and other similar deeds ofagreement;(s) Profit from the asset means the profit received from selling,
mortgaging, exchanging and leasing of the asset.
Chapter II
Objectives
4. The objectives of this Law are as follows:(a) to support the main objectives of the national economic
development plan;

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4(b) to affect employment for the people, to promote their living
standards, to promote the export of goods with the improvementof production and to increase foreign exchange earnings;(c) to encourage, promote and attract being for the balanced
development of the industrial, economic and social sectors in theState;(d) to promote cooperation in industrial, economic and commercial
activities, services and financial transactions between the Stateand other countries, and to provide the opportunities forvocational training to the citizens;(e) to encourage and attract domestic and foreign investments bybuilding good foundations for the Developers and the Investors;(f) to promote the flow of domestic and foreign investments in theSpecial Economic Zone and to establish linkages in continuity
among the industries in and the Special Economic Zone with thecreation of new jobs.
Chapter III
Formation of the Central Body and its Functions and Duties
5. The Union Government:(a) shall form the Central Body relating to the Myanmar Special
Economic Zone, comprising a suitable person as the chairman andfrom the relevant Union Ministers, governmental as departments
and governmental organizations as members, for enabling toD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

5carry out the functions and duties contained in this Law inrespect of establishing and operating the Special Economic Zone;(b) may reform the Central Body formed by subsection (a) as
necessary;(c) shall determine the functions and duties of the Central Body.
6. The functions and duties of the Central Body are as follows:(a) stipulating the policies for the successful implementation of theSpecial Economic Zones in accordance with the provisions under
this Law and giving instructions as necessary;(b) transforming areas in the country which have been selected anddesignated into the business centres of special advanced industry
economy and commerce, service, tourism, agro-based industry
investment, finance and export-oriented industry business center;(c) scrutinizing and obtaining the opinion of the relevant governmental
departments and governmental organizations in relation to the
proposal, the appropriate place, the required land area, the extent andboundary for the establishment of the Special Economic Zone, andsubmitting for the approval of the Union Government;(d) Forming the Central Working Bodies and Management
Committees with the approval of the Union Government, anddetermining their functions and duties;(e) laying down the projects and programmes for the development
and management of the Special Economic Zone, and determining
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6the work programmes

and policy frameworks for the

implementation and supervision;(f) scrutinizing and approving the development plan of Special
Economic Zone submitted by the Management Committee;(g) having right to determine the amount of investment andcategories of business in the Special Economic Zone;(h) supervising the functions of the Management Committees,
carrying out inspections from time to time, and coordinating withtherelevant

governmental

departments

andgovernmentalorganizations;(i) determining the taxes and revenues, rental fees and land use
premiums to be levied under this Law with the approval of theUnion Government and giving exemptions and reliefs thereof;(j) giving extension to the period of the tax exemptions and reliefs
provided under this Law with the approval of the Union
Government in order to develop the whole country;(k) supervising and guiding in order to carry out the office works
speedily at one stop service within the Special Economic Zone;(l) forming organizations with the person from the relevant
governmental departments and governmental organizations tocarry out the matters relating to the administration, security,
management and municipality, and determining the functions andduties of the organizations;D:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

7(m) assigning duties to the Management Committee to directlysupervise the organizations formed under Subsection (l);(n) submitting reports on the situation of the implementation of theSpecial Economic Zone to the Union Government from time totime;(o) establishing new Special Economic Zones for the interests of theState and the Citizens, or upgrading the existing suitableindustrial zones into a Special Economic Zone

if it is inconformity with the stipulated prerequisites of the Special
Economic Zone and approval by the Pyidaungsu Hluttaw after
submitting with the agreement of the Union Government;(p) carrying out other functions and duties assigned by the Union
Government in relation to the Special Economic Zone.
Chapter IV
Formation of the Central Working Body and its Functions andDuties
7. The Central Body with the approval of the Union Government:(a) shall form the Central Working Body relating to the Myanmar
Special Economic Zone with persons from the stipulated
governmental departments and governmental organizations toprovide assistance in the implementation of the activities of theSpecial Economic Zone;(b) shall determine and assign duties of the Chairman, Vice
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8

Chairman, Secretary and Joint Secretary when forming undersub-section (a);(c) may reform the Central Working Body formed by sub-section (a)as necessary.

8. The functions and duties of the Central Working Body are as follows:(a) submitting the suggestion to the Central Body after scrutinizing
the proposals for the construction of Special Economic Zone andinvestment business which are submitted by the Management
Committee, the developer or the investor;(b) scrutinizing the development project of Special Economic Zone
submitted by the Management Committee for the implementationof Special Economic Zone and submitting the suggestion to theCentral Body;(c) submitting the suggestion to the Central Body after scrutinizing
the types of the zone, priorities activities, the types of business to
be carried out in each zone of the Special Economic Zone;(d) submitting its advice to the Central Body, after observing on thematters relating to international special economic zone, in otherspecial economic zones and sites which should be carried out in
Myanmar;(e) coordinating with the relevant organizations in order to undertakethe investment businesses which will be done in the respective
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9

Special Economic Zone with the approval of the Central Body inaccordance with the stipulations;(f) submitting the suggestion to the Central Body after scrutinizing
the administrative, managerial, legal and other matters relating to
the investment business in the Special Economic Zone;(g) having right to assign the duties after forming other appropriate
working bodies under the Central Working Body if necessary.
Chapter V
Formation of the Management Committee and its Functions
9. The Central Body:(a) shall form each Management Committee for the respective
Special Economic Zone with the persons from the relevant
governmental departments and governmental organizations, theexternal persons and persons from external organizations to
implement the functions and duties under this Law;(b) shall include a representative from relevant region or state
government as a member in the respective Management
Committee;(c) shall determine the Chairman, Vice Chairman, Secretary and
Joint Secretary in forming under Subsection (a);(d) may reform the Management Committee formed under
Subsection (a) as necessary.

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10.

The Chairman of the Management Committee shall be

responsible to the President through the Central Body.
11.

The functions and duties of the Management Committee are as

follows:(a) obtaining the approval after submitting the development project
for the implementation of the Special Economic Zone to theCentral Body through the Central Working Body;(b) making arrangement to enable the investment business inaccordance with the stipulations;(c) issuing the permit of allowing investment business within 30
days from the application date if the application of the intending
investor under section 30 is completed with the requirements;(d) supervising and carrying out inspection on the development
matters of the Special Economic Zone such as implementation of
the investment and development projects, land use, environmental
conservation, education, health, finance, taxation, municipality,transportation, communication, security, electricity, energy andwater supply, and coordinating with the relevant governmental
departments and governmental organization;(e) coordinating with the relevant governmental departments andgovernmental organizations as may be necessary to protect theproperties, profits and other rights of the investors in conformity
with the existing laws;

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(f) stipulating the matters which are to be abided by the investors by
issuing notifications, orders, directives and procedures;(g) coordinating with the relevant governmental departments andgovernmental organizations, as may be necessary, for enabling toobtain the entry visa and residency for foreign investors and theiremployees, technicians, staff and family members if they areforeigners working in the Special Economic Zone;(h) coordinating as may be necessary to facilitate implementation offinancial management by the Central Bank in the Special
Economic Zone, and exchanging of foreign currency for theinvestors, supervising the financial matters and communicating
and operating with the banks which are authorized to carry out
foreign banking businesses in Myanmar;(i) giving permission in accordance with the stipulations in theSpecial Economic Zone to the developers, investors and thecompanies, and supervising their activities;(j) supplementing, amending and repealing, from time to time, thestipulations relating to the registered investment business in theSpecial Economic Zone without affecting the registeredinvestment business;(k) determining the contagious zones and areas in the Special
Economic Zone;(l) establishing one-stop services centre the approval for investment,
company registration, issue of the entry visa relating to theD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

12business, issue of the certificate of origin, collection of taxation,
approval of employment permit and permission, giving
permission for factory construction and other investment andeconomic business licenses and permits can be provided;(m) managing the departments formed by sub-section (l) directly andunder its purview;(n) determining to ensure that the construction work and designs of
the Special Economic Zone are in conformity with the main
project or not;(o) determining the types of businesses, the minimum investment
amount which must be invested for each type of investment, theminimum number of citizen employees to be employed,
standardization of advanced technology and matters which haveto be abided by in the Free Zone and the Promotion Zone;(p) supervising and ensuring compliance with the existing laws
relating to theconservation

andprotection of naturalenvironment, scrutinizing the industrial waste disposal systemfrom the factory, ensuring in conformity with the stipulations to
the developer or investor in the Special Economic Zone;(q) forming a supporting body if necessary with the representatives
from the relevant governmental departments and governmentalorganizations, the representatives of the developer and investor
and other suitable persons and persons from organizations;(r) directing to improve the investment business and changing
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13management pattern based on the advice of the supporting bodyrelating to the construction, operation, repair and maintenance of
the investment projects in the Special Economic Zone;(s) issuing rules and regulations to carry out the business operationand management in the respective Special Economic Zones inaccordance with the stipulations;(t) allowing the exemptions and reliefs to the investor or developerin accordance with Myanmar Special Economic Zone Law;(u) carrying out the functions and duties specifically assigned by theUnion Government and the Central Body.
Chapter VI
The establishment of Special Economic Zone
12.

The Central Body may establish the Special Economic Zone by

the approval of Pyidaungsu Hluttaw with the agreement of the Union
Government in the suitable place or area for the development of Stateeconomy based on the following criteria:(a) having international gateways such as port, airport, or cantransport easily to international border or domestic markets;(b) being the area designated for regional development by the Union
Government;(c) having the infrastructural pre-requisites or having the prospect
for the implementation;

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(d) availability of the water resource and electric power;(e) having sufficient land area to establish the industries and theinvestment business;(f) availability of the skilled workers, semi-skilled workers andtrainable workers;(g) able to arrange the training courses for the recruitment of
required skilled workers;(h) being the strategic area or land in the condition of transportation
or linkage to the market in the country.
13.

Notwithstanding the non-conformity of any of the criteria in

section 12 , the Central Body may establish the Special Economic
Zone by the approval of the Pyidaungsu Hluttaw with the agreementof the Union Government, if it considers that the establishment of theSpecial Economic Zone would be beneficial for the State and its
people.
14.

The Central Body may:(a) select the developer by calling tender according to the international
procedures;(b) select the developer, as another way of selection, by giving
priority to those who have managerial experience in the Special
Economic Zone, considering on the benefits for the State and thecitizens, favourable conditions for speedy implementation of the
project, participation of the people and transparency.
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15.

Foreigner may carry out any other business approved by therelevant Management Committee, either as one hundred per centforeign investment or a joint venture with the citizen.
Chapter VII
Stipulations of Free Zone and Promotion Zone
16.

The relevant Management Committee in a Special Economic

Zone:(a) may stipulate any specifie demarcation as Free Zone or
Promotion Zone as may be necessary;(b) may stipulate other zones according to the market demand in
addition to the Free Zone and Promotion Zone;(c) may stipulate any export oriented activities as Free Zone
Business on each activity if there is no specifie stipulations as
Free Zone or Promotion Zone.
17.

The Free Zone business stipulated by Section 16 Subsection (c)may obtain the privileges of the businesses located in the Free Zone,
and other activities which are not stipulated as the Free Zone
businesses in the Special Economic Zone may obtain the privilegesof the businesses located in the Promotion Zone.
18.

The Customs Department:(a) shall protect the imported goods from overseas and the
manufactured products of the Free Zone so as not to enter thedomestic market or into the Promotion Zone without respective
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clearance of customs duties;(b) shall specify the entries and exits of the Free Zone and the ways
to be applied in order to secure for the safety of the Free Zone
boundary;(c) shall carry out the matters of customs duty clearance in theSpecial Economic Zone in accordance with international norms
which is clear and comprehensible customs duty procedures. If it
is necessary, the Custom Department may carry out the actual
inspection at the place where the investor’s business is situated;(d) may take action according to the relevant customs duty procedures in
examining under sub-section (c), if it finds any non-conformity withthe stipulations.
19.

The Customs Department and the relevant department shallstipulate the procedures relating to customs duty clearance for thetransportation of manufactured products of the Free Zone to thedomestic market or to the Promotion Zone.
20.

It shall be deemed that the goods transported from the Free Zone

to the domestic or to the Promotion Zone as imported goods fromoverseas, and the transportation of raw materials from overseas to theFree Zone which are then manufactured in the Free Zone as finishedor partly finished products and then transported to the domestic or to
the Promotion Zone as importation to the domestic;
21.

If there is no other provisions relating to the goods under section

20, the customs duties and other related taxation shall be paid
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17

according to the existing laws.
22.

The goods transported from the domestic region or the Promotion

Zone to the Free Zone shall be deemed as the export products of theState.
23.

The manufacturing business located in the Free Zone or Free

Zone businesses shall mainly be export oriented manufacturingbusiness. Such supporting business and export oriented business in
the Special Economic Zone where there is no specifie stipulation on
Free Zone and Promotion Zone may be determined as Free Zone
business.
24.

A hundred percent citizen investment or a hundred percent

foreign investment or joint venture between citizen and foreigner canbe carried out in the Free Zone.
25.

The maximum percentage of the amount of goods manufactured

in the Free Zone which may be delivered and sold to the domestic
market or to the Promotion Zone may be prescribed by the Rules.
26.

In the transportation of goods from the Special Economic Zone toother country, if passing the outside areas of the Special Economic
Zone, shall be transported by the sealed containers.
27.

A hundred percent citizen investment, or a hundred percent

foreign investment or joint venture between citizen and foreigner canbe carried out in the Promotion Zone.
28. (a) The Promotion Zone is the location of the business which isD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

18

based on the domestic market or the market in the Special
Economic Zone and it is also the place where the businesssuch as manufacturing business based on the domestic market,
housing, departmental store, banking business, insurance
business, school, hospital and recreatinal places can be invested.
(b) The manufacturing business in the Promotion Zone are mainly
based on the domestic market , and they can be exported directlyfrom such business and delivered to the Free Zone businesses.
(c) Other businesses

situated in Special Economic Zone where

there is no specific stipulation of Free Zone or Promotion Zone
which are not the Free Zone business shall be specified as thebusiness invested in the Promotion Zone.
Chapter VIII
Types of Investment Business, the Duties and the Exemptions of theInvestor
29.

The investor is entitled to carry out the following investment

business in the Special Economic Zones in accordance with thestipulations:(a) manufacturing finished products from raw materials, processing
goods warehousing, transportation and providing services;(b) transporting and importing raw materials, packaging materials,
machinery instruments and equipment, and fuel oils to be used in
the investment business from the domestic or overseas to theSpecial Economic Zone;
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(c) trading the manufactured products from the investment businessto the domestic and overseas in accordance with the stipulations;(d) establishing and operating the offices for investment businessand overseas service works at the stipulated place in the Special
Economic Zone with the permission of the Management
Committee;(e) carrying out other economic business which are not prohibited by
the State, with the permission of the Management Committee.
30.

The person intending to invest in the Special Economic Zone

shall apply to the Management Committee to obtain the investment
permission in accordance with the rules and regulations stipulated
under this Law
31.

The investor shall complete the investment construction in the

stipulated period and operate profitably the investment business. If
the investment business is unable to be completed during the
stipulated period, the investor shall submit the justification reason to
the Management Committee in advance. If delay is found without
any justification reason, the Management Committee may revoke theinvestment permission in accordance with the rules and regulations.
32.

The investor is entitled to the following income tax exemption

and reliefs:(a) for investment business in the Free Zone or the Free Zone
business, there shall be income tax exemption for the first sevenyears from the commencement of the commercial operation;
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(b) for investment business in the Promotion Zone or other business inthe boundary of the Special Economic Zone, there shall be income
tax exemption for the first five years from the commencement of thecommercial operation;(c) for the investment business within the Free Zone and thePromotion Zone, there shall be fifty percent relief on the income
tax rate stipulated under the existing law for the second five
years;(d) for the investment business within the Free Zone and thePromotion Zone there shall be fifty percent relief of the income
tax rate stipulated by the existing law for the third five years on
the profit which is obtained from the business if it is reinvested
within one year in the business as a reserve fund.
33.

After the expiry of the tax exemption and relief period under

Section 32, if the tax exemption and relief under this Law are notpermitted again, the investor shall pay the income tax at the rate
stipulated by the existing law.
34.

The investor shall:(a) register the business, company, organizations to be operated in
the Special Economic Zone in accordance with the stipulations at
the Branch Office of Directorate of Investment and Companies
Administration which is opened jointly with the Office ofManagement Committee within the Special Economic Zone;(b) report the situation of the implementation on the investment
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business to the Management Committee in accordance with thestipulations;(c) compile and keep the business statistics, accounts and records
accurately in accordance with the international standards;(d) destroy the perished, unusable or sub-standard medicines and food
stuffs of the investment business in accordance with thestipulations of the Management Committee at the stipulated place.
35.

The investor shall not only abide by the environmental standards

described in the Myanmar Environmental Conservation Law andinternational standards, but also carry out them in accordance withthe existing laws in order not to have undesirable health and social
impact.
36.

The investor who has intention of terminating or liquidating thebusiness or company or organization shall carry out in accordancewith the stipulations after giving prior notice to the Management
Committee.
37.

The investor may re-register the transfer of part or whole of theshares of the business or company or organization after giving priornotice to the Management Committee.
Chapter IX
Development Business, Duties and Exemptions of Developer
38.

Development business may be carried out as follows:(a) it may be carried out as a developer by the private, or by theD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

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government, or by incorporation of private and the government;(b) Establishment of the Special Economic Zone may be carried out
as a developer by a one hundred per cent citizen investment, or a
one hundred per cent foreigner investment, or a joint venture
investment of the citizen and the foreigner or intergovernmental
investment.
39.

The developer:(a) may, after entering into a leasing contract with the relevantManagement Committee, carry out the implementation ofbusiness in the Special Economic Zone, sub-leasing the land to
the investors and making maintenance in the Special Economic
Zone under the supervision of the Management Committee;(b) may, if it is the Union Government, or Divisional or State
Government, carry out the activities such as construction,
management and maintenance in the Special Economic Zone,
whether directly or by contracting out the work to otherorganizations in transparency;(c) shall complete each of development in project the stipulated
period. If it cannot be completed in the stipulated period, he shallsubmit sufficient justification in advance to the Management
Committee. If finding of being delayed without sufficientjustifications, the contract of land lease between the Management
Committee and the developer shall be null and void;(d) may carry out the infrastructures in the Special Economic Zone
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by him self or by contracting out to other organizations;(e) may develop by forming specifie organizations to construct anyof the infrastructures with the agreement of the Central Body , indeveloping infrastructures related to the Special Economic Zone
which are located outside the Special Economic Zone. These
organizations shall have separate accounts. The developer of therelated infrastructure may be entitled to the privileges of thedeveloper of the Special Economic Zone. The development ofrelated infrastructures such as road, railway, bridge and water supply
which will take longer time to recoup the costs of investment may
be granted more privileges with the agreement of the Central Body.
(f) shall, if a related infrastructure renders its services not only
within the Special Economic Zone but also outside the Special
Economic Zone, enter into contracts in respect of each sector
with the relevant governmental organizations in relation to its
services to outside the Special Economic Zone.
40. The developer is entitled the following income tax exemptions andreliefs:(a) income tax exemption for the first eight years from thecommencement of business operation;(b) fifty per cent relief of the income tax rate stipulated by theexisting law for the second five years; and(c) fifty per cent relief of the income tax rate stipulated by theexisting law for the third five years on the profit which isD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

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obtained from the business if it is reinvested within one year in
the business as a reserve fund.
41.

The developer shall, after the expiry of the tax exemption andrelief period under Section 40, if the tax exemption and relief under
this Law are not permitted again, pay the income tax rate stipulatedby the existing law.
42.

If the developer who carries out the business operation by himself

in the Special Economic Zone, he may sublease the land andbuildings in the Special Economic Zone to the investors during thepermitted period or during the period of land lease to operate thebusiness by the Management Committee.
43.

The developer shall pay the payable fees for the right to use landor the right to operate business activities either in one lump sum or
regular instalment to the relevant department in accordance with theland agreement with the relevant Management Committee.
Chapter X
The Exemptions and Reliefs on the Import Revenue of theDeveloper and the Investor
44. The entitlement to the exemptions and reliefs on the importtaxation shall be as follows:(a) for the developer, the exemptions of customs duties and otherrelevant taxation on the import of the construction materials forthe infrastructures and own offices; machine instruments;
machinery; motor vehicles for work and work materials;
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(b) for the investor of the Free Zone, the exemptions of customs
duties and other relevant taxation for the import of raw materials
for production, machinery instrument and necessary spare partsfor production; construction materials and motor vehicles forbuilding factory, warehouse and own office;(c) for the investor of the Free Zone, the exemptions of customs
duties and other relevant taxation on the import of trading goods,
consignment goods, motor vehicles and other materials which areessential for the business for free-tax wholesale trading, export
trading and services of provision and transportation;(d) for the investor of the Promotion Zone, the exemptions ofcustoms duties and other relevant taxation for five years from thebusiness commencement on the import of equipment andinstrument not for sales and their required spare parts, theconstruction materials for factory, warehouse and own office, themotor vehicles and other materials which are essential for thebusiness, and fifty percent relief of the custom duties and othertaxation for the consecutive five years.
45.

The investor of the Promotion Zone:(a) shall regularly pay the customs and other taxation upon theimportation of raw materials and other goods for production;(b) may apply to refund of the customs duties and other taxation paid
at the time of importing those materials for the finished orsemi-finished goods produced by the materials imported under
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sub-section (a) are exported abroad or into the Free Zone.
46.

The developer and investor:(a) shall not sell and transfer the imported machinery, equipment,
instruments and motor vehicles to the outside of the Special
Economic Zone;(b) shall repay the exemptions or relief which were enjoyed at thetime of import if the materials were sold and transferred undersub-section (a) as a special case.
47.

The developer and investor shall take the decision of the relevantManagement Committee regarding the provisional period of importpermission in relation to the import of large machinery andequipment in the short period for use in the initial of construction
work.
48.

The developer and the investor of the Special Economic Zone

shall be permitted to manage to retrieve the losses for five years after
the year of losses incurred.
49.

In relating to commercial tax or value-added tax:(a) The investor of the Free Zones may be given exemption of thecommercial tax or valued-added tax;(b) The investor of the Promotion Zone may be given exemption andrelief of the commercial tax and value-added tax during theperiod of relief provided in this Law. After the end of the periodof relief, the commercial tax and value-added tax shall be paid in
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accordance with the relevant law.
(c) The investor may apply for the exemption of commercial tax orvalue-added tax for manufactured goods which will be exported.
(d) The investor of the Free Zone may apply the exemption forimport tax or value-added tax for the goods imported from thelocal or Promotion Zone to the Free Zone.
50.

Except for goods which are prohibited and restricted by theUnion Government, the goods exported directly or indirectly or
re-exported from the Special Economic Zone are entitled toexemption of taxes and other assessments.
51.

The developers and investors may apply the exemption of income

tax for the dividends distributed to each shareholders based on the
profits accrued locally for which tax has been paid.
52.

The actual expenses of conduating local training by the investorof the Free Zone to the skilled worker or semi-skilled worker or thestaff of the management sector and providing the business researchand development are deductible from the taxable income.
Chapter XI
The Settlement of Disputes
53.

If any dispute arises in respect of the investment business, it shallbe settled amicably between the disputing parties.
54.

If it cannot be settled under Section 53:

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(a) it shall be dealt with in accordance with the dispute settlement
mechanism if it is stipulated in the relevant agreement;(b) it shall be dealt with in accordance with the existing laws of theUnion if the disputes settlement mechanism is not stipulated in
the relevant agreement.
Chapter XII
Withholding Tax from the Source
55.

If the non-resident foreigner has no business established in

Myanmar but has the right to carry out business related to the Special
Economic Zone under any property and intellectual property right:(a) the payer shall deduct the withholding tax from the source of theroyalty, interest and payments for the business services inaccordance with the income tax rate prescribed under the Income
Tax Law and pay it to the relevant authority;(b) the payer shall deduct the withholding tax from the source ofrental fee and other similar income in accordance with theincome tax rate prescribed under the Income Tax Law and pay itto the relevant authority.
56.

The respective investor shall collect and pay the income tax of

local and foreign staff and workers employed in the Special
Economic Zone from their salaries and incomes in accordance with
the income tax rate prescribed under the existing law in the currency
determined by the Central Body.

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Chapter XIIIBank and Finance Management and Insurance Business
57.

The business which is operated in foreign currency in the Special

Economic Zone shall have the right to open foreign currency accountwith any bank of foreign banking in Myanmar and carry out thematters of receipt and payment with the foreign currency inaccordance with the stipulations.
58.

The developer and the investor are entitled to exchange and remit

their own foreign currency within the Special Economic Zone orabroad in accordance with the stipulations.
59.

Insurance companies owned by the citizen, the foreigner, or

jointly owned by the citizen and the foreigner are entitled to operate
their agency offices and insurance business within the Special
Economic Zone.
Chapter XIV
Management and Inspection of Goods by the Customs Department
60.

The investor in the Free Zone or the Free Zone Business shallabide by this Law and rules, bye-laws, regulations, notifications,orders and directives issued by this Law, and the investors in the
Promotion Zone or other business shall abide by the provisions of theexisting customs duty law and related rules and regulations.
61.

The Customs Department, in reducing the procedures and controlof customs duty in the Free Zone, shall ensure the realization of
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observance of international conventions, but shall not exercise
excessive control.
62.

The Customs Department shall make customs declaration,

scrutinizing the documents and if necessary, examining the goods
only once in accordance with international norm when raw material
and machinery which are transported for manufacturing export
products into the Free Zone or when export products are sent
overseas.
63.

The Customs Department shall, when inspecting the goods

having risk imported into the Free Zone by using the way of customs
inspection in accordance with customs procedures, inspect those
goods not more than necessary measure.
64.

If it is necessary for the Customs Department to conduct field

inspection on the goods, although it has to inspect at the Investor’ssite, it shall reduce the customs procedures in order to expedite theinspection on goods. The customs officer, if necessary, may seal to
avoid losses when transporting the inspected goods.
65.

The Customs Department shall, after taking the goods causing thecustoms clearance work smoothly and quickly, have the right to use
Post Clearance Audit system which allow inspection for book keeping,records, business system and commercial information maintained bypersons who import or export and companies involved directly or
indirectly at international trading until the satisfaction of Customs
Department.
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66.

The matters regarding trading goods of designated trading area in

the Free Zone or goods displayed at exhibition which showedmanufactured products shall be carried out under the procedures of
the Customs Department.
67.

The Customs Department may monitor and inspect the mattersregarding the transportation of goods used in the process of the
manufacturing in the Free Zone according to the procedures.
68.

The investors of the Free Zone may directly purchase raw

materials, accessories, parts, equipment, packaging materials andsemi-finished goods which need to produce export products orneeded to use for export business from the local or the Promotion
Zone. When such goods are transported to the Free Zone, the customs
clearance procedures shall be abided by.

Chapter XVQuarantine Inspection and Confinement so as not to spread
Contagious Disease69.

The responsible person from the Quarantine Prevention

Department of the Department of Health:(a) shall carry out quarantine inspection and confinement as
necessary not to spread contagious disease in transporting goods,
vehicles, containers, animals and plants which are to be directly
imported to the Special Economic Zone or directly transported
from the Special Economic Zone to the outside, between theD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

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ports, airports, railway stations and the Special Economic Zone;(b) shall, carry out quarantine inspection and confinement so as not
to spread contagious disease, as may be necessary, relating to
the export, import items or investment business within theSpecific Economic Zone.
Chapter XVI
Matters relating to Labour
70.

The Management Committee for the matters relating to labour in

the Special Economic Zone:(a) shall supervise to ensure that the employment agreement is madein accordance with the stipulations;(b) shall coordinate in determining the rights and duties of theemployer and employee or terms and conditions relating toemployment contained in the employment agreements forenjoying the rights in accordance with the existing labour laws
including minimum wages, salary, leave, holiday, overtime
charges, compensation for dismissal from work and workmen’scompensation;(c) shall inspect and supervise so as not to diminish or lose the rights
and entitlements of the employees, technicians and staffs;(d) may determine the minimum wages of employee and staff.
71.

The investor may recruit freely from the Work and Labour

Recruitment Office in the Special Economic Zone, or from local
labour recruitment agents, or by his own arrangement relating toD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

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labour recruitment.
72.

In employing citizens skilled workers, technicians and staff inrelation to the employment, the employment agreement shall besigned by the employer and employee and shall be employed inaccordance with the existing Labour Laws and Rules.
73.

The investor shall arrange the training and course relating to therelevant subjects by the type of business for the improvement of theskill of the citizen staff.
74.

The investor shall employ only the citizens in the work wherehigh technology and skill are not required.
75.

The investor shall, in employing citizen skilled workers,

technicians and staff who are required of high technology and skills,
have appointed the citizens at least 25 percent the first two years fromthe commencing year of operation, at least 50 percent in the second
two years, at least 75 percent in the third two years.
76.

(a)

The relevant Management Committee shall negotiate andmediate the disputes arising between the employer and theemployee, the technician or the staff in the Special Economic
Zone.
(b) If no settlement has been reached although negotiation andmediation were made by the relevant Management Committee
under sub-section (a), such disputes shall be dealt with pursuant
to the Trade Dispute Act.

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77.

The work permit for foreign employees working in the Special

Economic Zone shall be issued by the representative office of labour
department opened in operating as one stop services department in
the Special Economic Zone.
78.

The investor, if it is required to appoint more foreign employees

than stipulated numbers based on the condition of his investment
business, may appoint by the permission of the relevant Management
Committee.
Chapter XVIILand Use
79.

The Management Committee may, after causing payment of feesto be made by the developer or the investor for the right to land leaseor land use, permit for 50 years. If the investor is desirous ofcontinuing to operate after the expiry of the permitted term, it may
renew for 25 years.
80.

The developer or the investors:(a) shall bear the expenses of relocating and paying compensation inaccordance with the agreements if houses, buildings, farms andgardens, orchards and fields, plantation on land permitted forland lease or land use are required to be relocated;(b) shall, to relocate the persons so as not to lower their original
standard of living, to fulfill the fundamental needs and forfacilitating such works, coordinate and carry out with the relevantManagement Committee as may be necessary;
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(c) shall use the land which is entitled to lease or use in accordancewith the prescribed terms and conditions;(d) shall not modify or alter significantly, without permission of therelevant Management Committee, the topography or the contourof the land for which he obtained land lease or land use;(e) shall report immediately to the Management Committee if
natural mineral resources or antiques or treasure or mine notrelating to the permitted enterprise which are not included in theoriginal agreement are found above or under the land which he isentitled to lease or use. If the Management Committee permits,
he may continue to operate on such land. If not, he shall move tothe substituted arranged area;(f) may sell, mortgage, lease, exchange or gift land lease, land use
and buildings to a third party or other organizations enabling tooperate the work within the approved term in accordance withthe rules and regulations and with the agreement of the relevantManagement Committee.
81.

If the developer or the investor dissolves or winds up his

investment, the permission to land lease or land use shall be revoked
and the land must be returned back; if necessary, the developer or theinvestor shall remove the buildings on the land.
82.

The Ministry of Home Affairs, shall carry out the take over ortransfer of the lands in the region intended as Special Economic Zone
by the Central Body in accordance with the existing laws.
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Chapter XVIII
Miscellaneous
83.

The assets, profits and other rights owned by the developer orinvestor shall be recognized and protected in accordance with theexisting laws.
84.

The prices of products, services or exported products manufactured

from the Free Zone or the Promotion Zone shall not be restricted andcontrolled.
85.

The developer or the investor and their workers, technicians,

employees and family members who reside in the Special Economic
Zone shall abide by other existing laws of the Republic of the Unionof Myanmar in addition to the provisions of this Law.
86.

It is guaranteed that the investment business in the Special

Economic Zone shall not be nationalized during the permitted period.
87.

The relevant Union Ministries and the Region or State Ministries

shall implement the works relating to them contained in this Law.
88.

The person who is assigned duty by the relevant Union Ministry

and the Region or State government shall levy in accordance with theexisting tax and revenue laws from the defaulter who was failed to
pay taxes and fines recoverable under this Law.
89.

Notwithstanding anything contained in any existing law, thematters relating to any provision of this Law shall be carried out inaccordance with this Law.
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90.

The focal Ministry shall undertake to carry out the office worksof the Central Body and bear the expenses.
91.

The Union Government:(a) may assign the duty to the focal Ministry or any other Union
Ministry to carry out the office works of the Management
Committee and to bear the expenses;(b) may, by notification, if it is necessary to carry out the functions
and duties of the Central Body for the Special Economic Zone,
form any special committee with the suitable persons;(c) may, by notification, form any management committee with thesuitable persons to carry out the works of management andsupervision;(d) may stipulate the functions and duties of the committees
contained in subsection (b) and (c).
92.

The Central Body, the Central Working Body and the Management

Committee relating to the Myanmar Special Economic Zone formed by
the Myanmar Special Economic Zone Law (The State Peace andDevelopment Council Law No. 8/2011) repealed by this Law shall be
accepted as formed by this Law until the formation of the Central
Body, the Central Working Body and the Management Committee
under this Law.
93.

The notifications, orders, directives and procedures issued by the

Myanmar Special Economic Zone Law (The State Peace andD:¥MSEZ Law¥MSEZ Law Eng reply AG 22-4-2014¥1.Myanmar Special Economic Zone Law 2014.doc

38

Development Council Law No. 8/2011) repealed by this Law shall havethe right to exercise in so far as they are not contrary to this Law.
94.

The notifications, orders, directives and procedures issued by theCentral Body, the Central Working Body and the relevant Special
Economic Zone Management Committee shall not affect the businessregistered to invest in the Special Economic Zone before issuing them.
95.

In implementing the provisions of this Law:(a) the responsible Union Ministry may issue rules, regulations andby-laws with the approval of the Union Government if necessary;(b) the Central Body, the Central Working Body and the Management
Committee may issue notifications, orders, directives andprocedures as may be necessary.
96.

The Myanmar Special Economic Zone Law (The State Peace andDevelopment Council Law No. 8/2011) and The Dawei Special
Economic Zone Law (The State Peace and Development Council
Law No. 17/2011) are hereby repealed by this Law.

I hereby sign under the Constitution of the Republic of the Union of
Myanmar.
sd/ Thein Sein
President
Republic of the Union of Myanmar

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Law Amending the Income Tax Law
Pyidaungsu Hluttaw Law No. 15/2014
9th Waning of Tabaung, 1375 M.E
24th March, 2014
The Pyidaungsu Hluttaw hereby enacts this law.
1. (a) This law shall be called the Law Amending the Income Ta Law.
(b) This law shall be effective from the 2014‐2015 income year.
2. In the Income Tax Law –(a) The expression, "the region or state head of the internal revenue office or the head of
the internal revenue office for companies," shall be respectively substituted with theexpression, "the head of the Union territory internal revenue office or the region orstate head of the internal revenue office or the head of the internal revenue office forcompanies or the head of the internal revenue office for large tax payers";(b) The expression "income from undisclosed sources" shall be substituted with theexpression "income which has escaped assessment".
3. In section 3 of the Income Tax Law –(a) Sub‐section (q) and (s) shall be substituted as follows –"(q) Capital assets means any land, buildings and the rooms therein, vehicles and any
assets provided as a contribution to an enterprise. In this expression, shares, bonds,
security papers and similar instruments are also included;(s) The township head of the internal revenue office means the officer in charge of therelevant township internal revenue office who is assigned duty to assess the tax
payable by the tax payer, or the heads of the respective offices who are assigned
duty to assess the tax in the internal revenue office for companies or in the internal
revenue office for large tax payers under this law";(b) After sub‐section (t), sub‐sections (u), (v) and (w) shall be inserted as follows‐"(u) Security papers means the security papers as defined in the Securities Exchange
Law;(v) Assessment means calculation and assessment of tax by the head of the townshipinternal revenue office under this law and, additionally, self‐assessment by the tax
payer in the income declaration form in accordance with the provisions stipulated
in the law, as well as temporary assessment during the income year;‐1‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(w) The Union Tax Law means the law relating to taxes which is to be submitted to the
Pyidaungsu Hluttaw yearly by the Union Government in accordance with theprovisions stipulated in the constitution."
4. Section 4 of the Income Tax Law shall be substituted as follows‐"4.(a)

Specifying, amending and substituting the following income and income tax rates
according to the Income Tax Law for any assessment year –(1)

Total taxable income to be assessed;(2)

Income tax rate for each type of income;(3)

Income tax rate for income on which the tax is payable in a foreign currency.

(b) When specifications, amendments and substitutions are done in accordance with sub‐section (a), all taxable total income earned during the income year related to theassessment year must be assessed and the specified rate must be applied for eachtype of income."
5. Section 5 of the Income Tax Law shall be substituted as follows –"5.(a)

This law does not apply to the following types of income –(1)

Income achieved by any religious or charitable organization and used
exclusively for matters of religion or charity;(2)

Income achieved by a local authority;(3)

Money from the commutation of a pension, condolences payments [which
otherwise would have to be] categorized under the head "salary";(4)Compensation obtained for death or injury;(5)

Money obtained from an insurance;(6)

Income of casual, non‐recurring nature with the following exceptions –(aa) capital gains;(bb) income from an enterprise;(7)

Share of the after‐tax profit of an association.

(b) (1) Any person earning income for which the Union Tax Law grants tax exemption,
relief or other benefits is entitled to such exemption, relief or benefit;(2) The Union Government has the right to grant exemptions or relief from income
tax or grant other benefits related to the tax for the following income types –‐2‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(aa) Income obtained from donations for social, religious, health or educationalcauses in the country from domestic or foreign employers or internationalorganizations;(bb) aid provided for the country by domestic or foreign organizations;(cc) interest paid on soft loans or official development aid loans;(dd) donated property or donations provided by domestic or foreignorganizations in the event of natural disasters.
(c)An exemption from income tax must be granted to newly established small‐ andmid‐sized businesses for three consecutive years, including the starting year, forincome specified as exempted by the Union Tax Law;(d) If a benefits relating to income tax are stipulated in any other existing law, thebenefits must be granted in accordance with these stipulations."
6. In section 6 of Income Tax Law –(a) The expression "by notification of the Ministry of Finance and Revenue issued with theapproval of Union Government" contained in sub‐section (a) shall be substituted withthe expression, "in the Union Tax Law in any assessment year".
(b) Sub‐section (b) and (d) of section 6 shall be deleted;(c) After section 6, a section 6A shall be inserted as follows –"6A. When assessing the taxable income, money donated for any religious or charitableorganization sponsored by a state organization of any level or recognized by the
Ministry of Finance of the Union Government by virtue of a notification may be
deducted from the amount calculated in accordance with sub‐section (c) ofsection 6. The deductible donation shall not exceed 25% of the total income of thetax payer.
Explanation:

In the expression "charity", aid for the public good such as aid towards educationand health and aid for the poor and persons affected by natural disasters are included."
7. In section 8 of the Income Tax Law‐(a) Sub‐section (b) shall be substituted as follows‐"(b) Income from salary, income from profession, income from property, income frombusiness and income from other means shall be aggregated and the tax shall beassessed on the total amount. Income under the remaining heads shall be assessed
separately in accordance with each income head."‐3‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(b) Sub‐section (c) shall be deleted.
8. The explanation of section 11 of the Income Tax Law shall be substituted as follows –"Explanation:

In the expression "business" –(a) Any trading business, commercial business or production business and any similarbusiness as well as any services business is included.
(b) Furthermore, buying or transferring security papers, or investing in security papers to
obtain interest is included if such acts are performed repeatedly in a year as an
economic business."
9. Section 14 of the Income Tax Law shall be substituted as follows –"14. Tax under the head of "income which has escaped assessment" shall be assessed on
the value of immovable or movable property (including money) if it cannot be
ascertained how the respective person obtained this property.
The income shall be calculated in accordance with the rules stipulated under thissection."
10. The expression "the wife and unmarried children" contained in section 14 (b) of the Income
Tax Law shall be substituted with the expression "the spouse and unmarried children".
11. Section 16 of the Income Tax Law shall be substituted as follows –"16 (a) Any person who is responsible to disburse the money shall, for any type of income,including income under the head "salary", withhold the tax to be paid from the
disbursed money at the time of disbursement. The tax to be paid on the respective
annual income of the relevant person under the respective head shall be estimatedand withheld in the most equal installments possible. However, if more or less tax
was withheld than would have been required according to the actual amount in theincome year, the installment may be decreased or increased.
(b) The Ministry of Finance of the Union Government may issue notifications with theapproval of the Union Government for withholding tax matters for any type ofincome under the remaining heads except for income under the head "salary".
(c) The person who withheld the money in accordance with sub‐sections (a) and (b) shall
pay the respective amount to the Union Government in accordance with theregulations within the stipulated time and by the stipulated method and shall abideby all the stipulations concerning this matter.

‐4‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(d) Anyone failing to withhold and pay in accordance with sub‐sections (a) and (b)without sufficient reason shall be regarded as defaulter who failed to pay this tax.
The Ministry of Finance of the Union Government may, by notification, fix the fine toby paid for this default.
Explanation:

The "person who is responsible to disburse the money" under this section means theowner himself if the business is owned by an individual and the association of persons if it is ownedby this association. In case of the Union government or a regional authority, the relevant
management staff is responsible to disburse the money."
12. After section 16 of the Income Tax Law, sections 16A and 16B shall be inserted as follows –"16A(a) The tax payer must, for all heads of income with the exception of income forwhich tax is paid by the withholding mechanism in section 16, estimate howmuch income he will earn in the relevant income year and pay the tax in advance.
(b)The tax to be paid according to sub‐section (a) shall be paid in accordance withthe specified methods in quarterly installments before the end of the respective
quarter.
(c) If the tax to be paid in accordance with this section is not paid or the amount
paid is less than the tax assessed, 10% of the unpaid amount shall be additionallylevied as a fine.

16B

The Ministry of Finance of the Union Government may, with the approval of theUnion Government, issue notifications specifying the methods to be followed forthe payment of tax via the withholding mechanism or via advance payments."

13. Sub‐section (b), section 19 of Income Tax Law shall be substituted as follows –"(b) May request, at any time within 3 years after the end of the relevant assessment year
from the person who has to pay income tax for the income year or at the time ofincome earned or from the person who has been requested by the head of thetownship internal revenue department to submit the income declaration form, to:produce supporting evidence, accounts, and a list of the property that is not included in
the accounts. May request this person's attendance for the purpose of examination andassessment. The list of property mentioned in this sub‐section may be prescribed by
the Ministry of Finance in income tax regulations."
14. Sub‐section (d) of section 19 Income Tax Law shall be substituted as follows –‐5‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com"(d) The head of the township internal revenue department shall assess the income tax
based on the available supporting documents with regard to anyone who failed tosubmit the income declaration form in accordance with sub‐section (a) of section 17,
sub‐section (b) of section 17, or who failed to heed the request in the notice given inaccordance with sub‐section (b) of this section. The Ministry of Finance may issue
notifications specifying the methods of assessment."
15. The expression "Union Government" contained in section 29 of the Income Tax Law shall be
substituted with the expression "the Ministry of Finance of the Union Government."
16. Section 43 of Income Tax Law shall be substituted as follows –"43 The head of the township internal revenue office, the head of the Union territory
internal revenue office or the head of the region or state internal revenue office or thehead of the internal revenue office for companies or the head of the internal revenue
office for large tax payers, the committees formed in accordance with section 7 and thecommittees and persons who are assigned duty have the same powers as are vested ina civil court."
I hereby sign according to the Constitution of the Republic of the Union of Myanmar.

SignedThein Sein
President
The Republic of the Union of Myanmar‐6‐

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Government of the Republic of the Union of Myanmar
Microfinance Business Supervisory Committee
Directive No. 1/2014
14th Waxing Day of Pyartho, 1375 M.E. Nay Pyi Taw
14thJanuary, 2014
1. The Microfinance Supervisory Committee, in exercising the power conferred upon it
under sub-section (b) of section 68 of the Microfinance Law, hereby issues this Directive
No. 1/2014.
2. Microfinance Institutions shall, under the decisions of Meeting No. 1/2013 ofMicrofinance Business Supervisory Committee held on 17.5.2013 and Meeting No.
2/2013 of Microfinance Business Supervisory Committee held on 23.9.2013, precisely
comply withthe following specifications:a) Loan Size:
Loan Size of Microfinance Institutions shall not exceed kyat five
hundred thousand;b) Solvency Ratio for Microfinance Institutions which accept deposit:
tokeep Solvency Ratio of Microfinance Institutions which accept deposit consistently
not less than 15 percent;Explanation:in Total Equity includes paid up capital, premium for capital equity(premium equity for share investment), donated capital, variety of currency
investment bonds, profit money which keep spare money and gross income ofcurrent year.

c) Liquidity Ratio for Microfinance Institutions which accept deposit:
tokeep Liquidity Ratio of Microfinance Institutions which accept deposit consistently notless than 30 percent;Explanation:in calculating Liquidity Ratio of Microfinance Institutions which
accept deposit, to calculate the amount of Cash in hand and Cash in bankdepending on Total Voluntary Deposits Outstanding.

‐1‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.comd) Hire Purchase System:Microfinance Institutions shall carry out the Hire Purchase
System only for buying farmland material and light production material.
3. The above specifications shall be amended in accordance with market condition as it isnecessary.

Win Shein
ChairmanMicrofinance Business Supervisory Committee
Letter No. KaKa – 1/6 (464 / 2014)
Date: 14thJanuary, 2014
Distribution
Every member of Rural Development and Poverty Reduction Working Committee
Every member of Microfinance Business Supervisory Committee
Union Government Office
Office of Hluttaw‐2‐

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Government of the Republic of the Union of Myanmar
Microfinance Supervisory Committee
Directive No. 2/2014
4th Waning Day of Dabotdwe, 1375 M.E. Nay Pyi Taw
18th February, 2014
1. The Microfinance Supervisory Committee, in exercising the power conferred upon it under sub‐section (b) of section 68 of the Microfinance Law, hereby issues this Directive No. 2/2014.
2. Microfinance institutions shall, under the decisions of Meeting No. 1/2014 of the Micro Private
Cooperative Credit Development Supporting Committee held on 24.1.2014, exactly comply withthe following:a) Interest collection on the basis of the effective rate:
According to Directive No.
1/2011 of the Microfinance Supervisory Committee, the rate on micro loans is MMK 2.50
per month for MMK 100 and the rate shall not exceed MMK 30 per year. Some microfinanceinstitutions are collecting a flat rate according to the loan period without taking into accountthat the loan is reduced [when it is repaid in installments], the actual interest thereby
exceeding significantly the interest if it were calculated by the effective rate. Therefore,[microfinance institutions must] collect [interest] equally on the basis of the effective rateon the loan.
b) Microfinance institutions shall issue the following information every two month if there
are no changes and immediately if there are changes. The following facts must be issued:i.
Type of loan;ii.
Amount to be lent according to type of loan;iii.
Period to repay according to type of loan;iv.
Amount to repay in one installment and number of installments according to type ofloan;v.
Rate collected according to an installment of payment on loan, statement of total
payment according to specified period of payment for the whole amount of loan,
effective rate and system of collecting the rates;
vi.
Fine and other collections if overdue fines are specified;vii.
System of collecting compulsory savings and form of calculating the rate on the
loan;
viii.
Are there other fees to be paid for savings?; method of reimbursing the specified
savings;‐1‐

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ix.

When issuing information about savings and loans, statements shall be made not
only in the language which is understood by the local people, but also in the
Myanmar language so that the document can be inspected by inspectors.
3. The above items shall be amended in accordance with market condition whenever necessary.
Win Shein
ChairmanMicrofinance Supervisory Committee
Letter No. KaKa – 1/6 (533 / 2014)
Date:

18th February, 2014‐2‐

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The Minimum Wage Law, 2013
(The Pyidaungsu Hluttaw Law No. 7/2013)
The 11th Waxing Day of 1374 M.E.
(22nd March, 2013)

Preamble
To meet with the essential needs of the workers, and their families, who are working at thecommercial, production and service, agricultural and livestock breeding businesses and with the
purpose of increasing the capacity of the workers and for the development of competitiveness, thePyidaungsu Hluttaw hereby enacts this law.

Chapter I
Title and Definitions
1. (a) This Law shall be called the Minimum Wage law, 2013.
(b) This Law shall be in force with effect from the day stipulated by the president.
2. The expressions contained in this law shall have the meanings given hereunder:(a) Worker means a person who earns living by wage obtained by carrying out the work ofpermanent work, temporary work using his physical or intellectual power by conclusionof employment agreement with employer to work at any commercial, production andservice, agricultural and livestock breeding business. In this expression, apprentices andtrainees, clerks and staff, outside workers, house maids and drivers, security men,
guards and sanitary workers and staff include. However, it does not include thefollowing workers and staff:(i)Wife, husband, children, parents and blood brothers and sisters who are themembers of employer and doing the work of employer by depending upon andliving with the employer;(ii)

Civil service personnel;(iii)

Seafarers.

(b) Employer means a person who is responsible to pay such worker after employing one ormore workers under the employment agreement at the commercial, production and‐1‐

CONVENIENCE TRANSLATION – for further
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service, agricultural and livestock breeding business. The expression includes thefollowing persons as the employer:(i)the Administrative representative of the employer;(ii)

the person who is responsible, on behalf of the employer, to manage or pay
remuneration to the worker;(iii)

heir, successor or legal representative of the employer when he die;(iv)

if it is a partnership firm, each or all partners or the person who is delegated by
the partnership firm to manage the work is the employer;(v)

if it is a company established under the Myanmar Companies Act, Board of
Directors or directors or the person who is delegated by the company to manage
the work in accord with law, is the employer;(vi)

if it is a cooperative society formed under the Cooperative Society Law,
members of the executive committee or directors of the cooperative society are
the employers.

(c) Commercial business, production and service business mean any commercial,
production and service, commercial and industrial business, service or business related
to such works, stipulated under section 6 of this Law, by notification of the National
Committee;(d) Agricultural and Livestock breeding business means a business of plowing in any paddy
land, farm land, garden land, vacant land and virgin land; land preparing, planting,nursing, caring, preparing or reaping, picking up the agricultural product crops andvegetables; livestock breeding of domestic animals including breeding of chicken, duck,
quail, bird and bee, animal breeding including the breeding of buffalo, cow, elephant,horse, mule, ass, sheep, goat and pig; aquaculture, manufacturing diary products andany service related to any of such works;(e) Wage means the fee, wage or salary entitled to be obtained by the worker for carrying
out hourly work, daily work, weekly work, monthly work or any other part‐time work of
the employer. This expression includes overtime fee or bonus given by the employer forthe good work or character, or other remunerations or benefits which may be
determined as income. However, it does not include the followings:(i)travelling allowances;(ii)

pension salary and gratuity for service;‐2‐

CONVENIENCE TRANSLATION – for further
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social security cash benefits;(iv)

allowances for accommodation and meal, electricity charges, water service
charges and duties and taxes;(v)

medical treatment allowances and recreation allowances;(vi)

damages for dismissal from work and compassionate allowance;(vii)

Other fees stipulated by the Ministry of Labour, Employment, Social Securities,
by notification, with the approval of the Union Government that it does notapplied by the wage contained in this Law.

(f) Organization means a labour organization or employer organization formed under any
existing law;(g) Representatives of worker and employer means the representatives representing thelabour organizations and employer organizations, or if there is no labour organization,
the representatives representing the workers, if there is no employer organization, therepresentatives representing the employers;(h) National Committee means the National Committee of tripartite committee formed
with government representative, employer representative, and worker representativefor determining the Minimum Wage, stipulated under this Law;(i) Union Committee, Region or State Committee mean the Committee for determining
Minimum Wage formed according to Union Committee, relevant Region or State
Committee stipulated under this law;(j) Ministry means the Ministry of Labour, Employment, Social Security of the Union
Government;(k) Department means a department assigned duty by the Ministry to carry out any
function and duty contained in this Law;(l) Inspector means any officer assigned duty under this Law to inspect a commercial,
production and service, agricultural and livestock breeding business, relating to whether
or not it complies and carries out in conformity with this Law, and rules and regulations,notification, order, directive and the procedure stipulated under this law.

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Chapter II
Forming the National Committee
3. The President:(a) shall form the National Committee, by notification, in order to prescribe the minimum
wage for the workers with representatives of the relevant Government Departments,
Government Organizations, labour Organizations or representatives of Workers,
Employer Organizations or representatives of Employer and other persons who areexperienced, expert and fair in matters related to wage prescription;(b) in forming under sub‐section (a), the Chairman and Secretary shall be determined
simultaneously. If it is necessary, Vice‐chairman and Joint‐secretary may be determined;(c) the term of the National Committee determined under sub‐section (a) shall be three
years, and if it is necessary, it may be reorganized by substituting the members.
4. In forming the National Committee:(a) The representatives of the Government Departments and Organizations shall be thepersons who are responsible persons relating to labour affairs, agriculture, livestock
breeding, economics, commerce, production and social affairs;(b) The representatives of the worker and employer:(i)shall be the persons who are desirous to carry out for the interest of relevantorganization or, for the interest of employer and workers;(ii)

shall be in equal number in accord with the stipulation and the right to express
the desire of such representatives shall also be equal.

(c) One or more persons who are expert in wage affairs may be included and formed and heshall be well experienced and he shall be the person who used to carry out fairly
between the worker and employer.

Chapter 3
The Duties and Powers of the National Committee
5. The Duties and Powers of the National Committee are as follows:(a) laying down national level policies relating to the particulars which should be based for
determining minimum wage under this Law;(b) prescribing the duties and forming Union Committee, Region Committees or State
Committees comprising the representatives of the Government Departments,‐4‐

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Government Organizations, representatives of worker and employer, and experts toenable to submit suggestions, after making study, assessment and calculation on the
research work and assessment papers, for determining minimum wage;(c) guiding the Union Committee, the Region Committees and State Committees in accord
with adopted national level policies relating to submission of suggestions after making
study, assessment and calculation on the research work and assessment papers fordetermining the minimum wage;(d) doing research after collecting accounts, assessing and calculating, laying down projects
and programmes, relating to the particulars which should be based for determining theminimum wage;(e) publishing, by notification, for the public notice, the proposed rates of minimum wage
which should be prescribed in conformity with the provisions contained in chapter 6 ofthis Law, after studying and scrutinizing the suggestions of the Union Committee,
Region and State Committees for the determination of minimum wage in the wholecountry or, Region or State, or commercial, production and service, agricultural andlivestock breeding business, and issuing and determining the rates of minimum wage
with the approval of the Union Government;(f) In the proposed rates of minimum wage to be published by notification under sub‐section (e), prescribing wage per hour, a day, a week, a month according to the skill; orrate of minimum wage for any other part‐time work after studying and scrutinizing thepotential of occupational risk, mentioning thereof;(g) If there is any objection on the proposed rate of minimum wage of the National
Committee, it is to negotiate by the tripartite representatives of the relevant Union
Committee, Region Committee or State Committee. Upon determining the suitable rateof minimum wage after scrutinizing the proposed rate of minimum wage by thetripartite representatives of the National Committee, submitting to the Union
Government;(h) Declaring the amending notification, on the stipulated rate of minimum wage, at aminimum of once in two years, with the approval of the Union Government, after
scrutinizing, in conformity with the various changing situations by classifying theemployment skill and occupational risk according to category of commercial, production
and service, agricultural and livestock breeding business or according to region;‐5‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(i) After forming the necessary work committees prescribing duties thereof, relating todetermination of minimum wage and review;(j) Holding regular and special meetings of the National Committee in accord with thestipulations;(k) Submitting the work performances of the National Committee to the Union Government
from time to time.

Chapter IV
Determining the Categories of Work
6. The National Committee shall determine, by notification, commercial, production andservice, agricultural and livestock breeding business which shall be applied by the provisions
relating to minimum wage contained in this Law, in the whole country or relevant Union,
Region or State. Moreover it may amend the said businesses in accord with the changing
situation from time to time.

Chapter V
The particulars to be based in Determining the Minimum Wage
7. The following particulars shall be based and considered in suggesting by the Union
Committee, Region and State Committees after making study, scrutiny and calculation or, in
determining the minimum wage by the National Committee, relating to the determination ofminimum wage:(a) the needs of workers and their families;(b) existing salaries;(c) social security benefits;(d) living cost and changes of such living costs;(e) compatible living standard;(f) employment opportunities in conformity with the needs for State's economy anddevelopment of production;(g) gross domestic production value of the State and per capita income;(h) hazardous to health and harmful to work, nature of the work;(i) Other facts stipulated by the Ministry with the approval of the Union Government.

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Chapter VI
Issuing the Notification which Determines the Minimum Wage
8. The relevant Union Committee, Region and State Committees shall submit suggestions on
the rates which should be prescribed, after studying the particulars to be based indetermining minimum wage and the particulars to be included and considered, to the
National Committee in conformity with stipulated means.
9. Relating to the determination of minimum wage for the workers of the Special Economic
Zones:(a) The relevant Special Economic Zone management committee shall submit the proposed
rates of minimum wage which should be prescribed for the workers and staff according
to the category of investment in the Special Economic Zone, to the National Committee;(b) The National Committee shall prescribe, with the approval of the Union Government,
after carrying out in accord with the provisions contained in this Law, on the submission
made under sub‐section (a) relating to the determination of minimum wage.
10. The National Committee:(a) Shall, after considering the suggestion made under section 8 and 9, assign duty to the
Department to publish the proposed notification for determining the minimum wage in
the State's gazette and the newspapers in advance of a minimum of 60 days, to enable
to know it by the public and to object, if any;(b) To prescribe, if there is no objection on the rate of minimum wage after obtaining theapproval of the Union Government, ;(c) Shall ask the Union Committee, Region or State Committees to negotiate and resubmit
the proposed rate, if there is objection on the proposed rate of minimum wage;(d) Shall ask the tripartite representatives to scrutinize and decide on the suitable rate ofminimum wage after scrutinizing the rate of minimum wage re‐proposed andresubmitted by the relevant Union Committee, Region or State committee under sub‐section (c) and determine the rate of minimum wage after obtaining the approval of theUnion Government;(e) Shall assign duty to the Department to publish and inform the rate of minimum wage
stipulated under sub‐section (b) or (d) to be known by the public in accord with sub‐section (a), and to be known by the relevant organizations, employer and workers.

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11. The person who is dissatisfied with the rate of minimum wage stipulated by the National
Committee under sections 9 and 10 may apply to the Supreme Court of the Union to issue
any writ and amend in accord with the Constitution of the Republic of the Union of
Myanmar and the Union Judiciary Law.

Chapter VII
The Duties of the Employer
12. The employer:(a) shall not pay wage to the worker less than the minimum wage stipulated under this Law;(b) may pay more than the minimum wage stipulated under this Law;(c) shall not have the right to deduct any other wage except the wage for which it has theright to deduct as stipulated in the notification issued under this Law;(d) shall pay the minimum wage to the workers working in the commercial, production andservice business in cash. Moreover, if the specific benefits, interests or opportunities areto be paid, it may be paid in cash or partly in cash and partly in property, with prevailingregional price, jointly according to the desire of the worker;(e) in paying minimum wage to the workers working in the agricultural and livestockbusiness, some cash and some property at prevailing regional price may be paid jointly
according to local custom or desire of the majority of workers or collective agreement.
Such payment shall be for any personal use and benefit of the worker and his family andthe value shall also be considerable and fair.
13. The employer:(a) shall inform the workers the rates of minimum wage relating to the business among therates of minimum wage stipulated under this Law and advertise it at the workplace toenable to be seen by the relevant workers;(b) shall prepare and maintain the lists, schedules, documents and wages of the workers
correctly;(c) shall report the lists, schedules and documents prepared and maintained under sub‐section(b) to the relevant department in accord with the stipulations;(d) shall accept the inspection when summoned by the inspection officer. Moreover, heshall produce the said lists and documents upon asking to submit;‐8‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(e) shall allow the entry and inspection of the inspection officer to the commercial,
production and service businesses, agricultural and livestock breeding workplaces andgive necessary assistances;(f) if the workers cannot work due to sickness, shall give them holiday for medical
treatment in accord with the stipulations;(g) if the funeral matter of the member of the family of worker or his parent occurs, shallgive holiday without deducting from the minimum wage, in accord with the stipulations.

Chapter VIIIThe Rights of the Workers Relating to the Minimum Wage
14. A worker working in any establishment relating to this Law:(a) has the right to obtain the minimum wage stipulated under this Law or, if the employer
pay more than the said wage;(b) has the right to continue to enjoy the pay paid more, if the pay received is more than theminimum wage stipulated under this Law, before the coming into force of this Law;(c) has the right to enjoy the minimum wage stipulated under this Law, if the minimum
wage contained in the employment agreement is less than the minimum wage
stipulated under this Law;(d) has the right to enjoy not less than the minimum wage stipulated for each work where
he is working when working in two or more works;(e) has the right to enjoy the stipulated minimum wage for the time worked in the part‐timejob, hourly job;(f) has the right to enjoy a holiday per week with pay in the salary‐paid work. If he isemployed in such holiday, he shall have the right to obtain over‐time fee in accord withthe existing law;(g) if working less than the working hours per day stipulated in a daily‐waged job is not due
to reduced working according to the desire of the worker, or if work has to be paused
due to the failure of employer to give job, the full wage shall be paid as if the work isdone full‐time;(h) has the right to enjoy the stipulated minimum wage without discriminating between
man and woman;‐9‐CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(i) has the right to enjoy the minimum wage in cash, if he is a worker working in thecommercial, production and service business. Moreover, if the specific benefits,interests or opportunities are to be paid, it may be paid in cash or partly in cash andpartly in property at prevailing regional price jointly according to the desire of theworker;(j) if he is a worker working in the agricultural and livestock breeding business, theminimum wage may be enjoyed in some cash and some property at prevailing regional
price jointly according to local custom or desire of the majority of workers or collective
agreement for the worker and his family in accord with the stipulations.
15. The worker who is entitled to obtain the wage and other benefits under section 14:(a) if he does not obtain all wages or other benefits entitled to be obtained, or obtains lessthan the stipulated minimum wage, may submit to the relevant Union Committee,
Region or State Committee and Department within one year from the day he is entitledto obtain such injured wages and other benefits;(b) he may sue for all the entitled wages civil proceeding.
16. If an employer is convicted by a court for his failure to pay the minimum wages and otherbenefits stipulated under this Law or for the payment to worker less than such minimum
wage and although ordered to pay defaulted wages and other benefits to the relevant
worker, if such worker does not obtain injured wages and other benefits which is entitled toobtain under section 14, it shall not affect the right to institute civil proceeding.

Chapter IX
Assigning Duty to the Inspection Officer, Inspection and Taking Action
17. The Ministry shall assign duty to the officers of the relevant department in order to inspect
the commercial, production and service business, agricultural and livestock breedingbusinesses whether or not they comply with and carry out in conformity with the rule,
regulation, by Law, notification, order, directives and procedures under this law.
18. The inspection officer:(a) has the right to enter and inspect the relevant commercial, production and service
workplaces, agricultural and livestock breeding workplaces and inspect whether or notthey comply with and carry out in accord with the rules, notifications, orders, directives
and procedures under this Law, whether or not the lists, schedules and documents,‐ 10 ‐

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wages relating to the workers are prepared correctly, and whether or not such lists,schedules and documents are reported to the Department in accord with thestipulations;(b) may summon, inspect the relevant persons under the assignment of duty by the
Department, asking and copying for the relevant lists, schedules and documents.
(c) if there are outside workers at employer, has the right to inspect information relating tosuch outside workers, their names and addresses and the right to ask for and copy theirlists and documents and lists relating to minimum wage;(d) in carrying out under sub‐section (a), (b) and (c) relating to inspection, if required by theemployer to produce the document, shall show the civil service identify card issued by
the relevant department;(e) report to the Department in accord with the stipulations relating to the finding undersub‐sections (a), (b) and (c), and documents and papers called for.
19. The Department shall, after submitting to the Union Committee, Region or State Committee
and according to its decision, claim and pay the minimum wages entitled by the worker fromthe employer who fails to pay minimum wage stipulated under this Law or the employer
who is in arrears to pay minimum wage.
20. The Department shall, if the employer fails to pay the minimum wages within the stipulated
time even though it was claimed under section19, assign duty to an inspection officer, withthe approval of the relevant Union Committee, Region or State Committee, to institute such
employer at the relevant court.
21. The inspection officers may institute at the court, the person who commit any stipulation
under this law, under the directive and assignment of duty by the Department.

Chapter X
Prohibitions and Penalties
22. Any employer:(a) shall not fail to pay the workers the minimum wage stipulated under this Law;

‐ 11 ‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(b) shall not pay to the workers less than the minimum wages and other benefits which isentitled by the worker under section 14;(c) relating to the accounts, schedules, documents and lists of wage of the workers:(i)shall not make false entry, deceitful recording or false and deceitful reporting;(ii)shall not fail to report to the relevant department in accord with the stipulations;(iii)shall not fail to produce when required by the inspection officer;(d) shall not fail to go and accept inspection when summoned by the inspection officer;(e) shall not obstruct or interfere with the inspection officer who comes and inspects on
duty.
23. Any employer who violates any of the prohibitions contained in section 22 shall, on
conviction, be punished with imprisonment for a term not exceeding one year or with finenot exceeding 5 lakhs or with both.
24. Any employer:(a) shall not violate any term and condition contained in the minimum wage notification;(b) shall not fail to inform the workers relating to the rates of minimum wage concerning to
his workers among the rates of minimum wage stipulated under this Law and announceat the place where the workers are able to see it in the work centre and workplace;
25. Any employer who violates any prohibition contained in section 24 shall, on conviction, bepunished with imprisonment for a term not exceeding six months or with fine not exceeding
kyat 3lakhs or with both.
26. The court shall, in sentencing a punishment under sections 23 and 25, pass the wage
defaulted to pay by the employer as fine and give it to the worker.
27. Any person who violates any prohibition contained in the rules and orders issued under thisLaw shall, on conviction, be punished with imprisonment for a term not exceeding 3months
or with fine or with both.

Chapter XI
Miscellaneous
28. The agreement relating to the minimum wage, contained in the employment agreement,
employment oral contract or constructive contract less than the minimum wage stipulated
under this Law before or after the coming into force of this law, shall be void as far as it iscontrary to this Law.
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29. (a) The members of the National Committee who are not civil service personnel have theright to enjoy honorarium stipulated by the Union Government;(b)The members of the Union Committee, Region and State Committees have the right toenjoy honorarium stipulated by the relevant Union Committee, Region or State Committeewith the approval of the Union Government;
30. The various expenditures relating to the duties under this law of the National Committee
shall be borne from the budget of the Union Government, the expenditures of Union
Committee shall be borne from the budget of the Nay Pyi Taw Council, the expenditures ofRegion and State Committees shall be borne from the budget of the relevant Region andState Governments.
31. The Ministry shall arrange and carry out the office works relating to the functions and dutiesof the National Committee, and Union Committee, Region or State Committee.
32. The offences under this Law may be prosecuted at the relevant court only by the inspection
officer assigned duty by the Department.
33. The members of the National Committee, Union Committee, Region or State Committee or,
person or members of the organization who are assigned specific duty under this Law as it isnecessary, who are not civil service personnel, shall be presumed as the civil service
personnel while they are carrying out the duties under this Law.
34. No suit on civil proceeding or criminal proceeding shall be prosecuted against any memberof the committee or inspection officer who carries out duties in good faith under this Law.
35. The Department shall submit the following particulars relating to the minimum wage to the
Ministry:(a) Formation of committees which stipulate the minimum wage and ways of formation;(b) Business relating to minimum wage and estimated number of workers;(c) stipulated minimum wages;(d) such matters if there are other important matters relating to the rates of minimum
wage.
36. In implementing the provisions contained in this Law:(a) the Ministry may issue necessary rules and regulations by law with the approval of theUnion Government;(b) the National Committee and the Ministry may issue necessary notification, order,
directive and procedure.
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37. The following Acts are hereby repealed:(a) The Minimum Wage Act, 1949 (No. 66/49);(b) The Agricultural Worker Minimum Wage Act (No. 44/48)
I hereby sign according to the Constitution of the Republic of the Union of Myanmar.
(Sd.)
Thein Sein
The President
The Republic of the Union of Myanmar‐ 14 ‐

Employment and Skill Development Law(Pyidaungsu Hluttaw Law No. 29/2013)
9th Wanning of Wargoung 1375 M.E
30th August 2013

The Pyidaungsu Hluttaw hereby enacts this Law.

Chapter 1
Title and Definitions

1. (a) This Law shall be called the Employment and Skill Development Law.
(b) This Law shall be in force 3 months after notification is announced.
2. The expressions contained in this law shall have the meanings given as under:(a) Employer means the person who has the right to appoint the employee or the person who is delegated toappoint this employee in the Government department and Organization, the Co‐operative society in whichpermanent or temporary employees of above the limited numbers are working, Private or Joint‐venture business,
any Organization, the Company.
(b) Employee means the person who works for remuneration of skill job, fairly skill job, nonskill job in the
Government department and Organization, the Co‐operative society, Private or Joint‐Venture, any Organization, theCompany. In this expression the apprentice is also included.
(c) Industry and Service means factory, one type or all types of workshops, one type work or all types' works,
mill, branch workshop, branch work, branch workshop department and one type or all types of branch work
department, which are situated in any location, stipulated by the Ministry of Labour, Employment and Social Security
for the matters under this law.
(d) Wage, Salary mean in addition to normal wage, salary earned by working, overtime wage and allowance areincluded if overtime and allowance are entitled. In this expression the remuneration to cover the special expense
due to the nature of the work is not included.
(e) Training mean pre worksite training, on job training, skill training, high skill training, training related to
employment transfer, which open for the employment seekers and employees to enhance their knowledge,
technical ability and skill development.
(f) Training School means the school founded and opened to give training for meeting the technical skill norm forthe employment seekers and employees.
(g) Skill mean the technical capability required to work in accord with the stipulations.
(h) Technical Skill Norm means technical capability norm required to work in accord with the recognized or
specified technical skill set up by the skill development body for all kinds of work under this law.
(i) Central Body means technical skill development central body formed under this law.
(j) Registered Certificate means the certificate issued to the training school and technical skill assessment
departments by the technical skill development committee under this law.

(k) Technical Skill Assessment Department means the department recognized and power is entrusted by thetechnical skill development committee, as it meets the specified norm.
(l) Technical Skill Certificate means the certificate issued by the technical skill assessment department with theapproval of technical skill development committee.
(m) Skill Employee means the employee who receives the technical skill certificate issued by the technical skill
assessment department with the approval of the technical skill development committee.
(n) Fund means the technical skill development fund founded under this law.
(o) Put in fee means the money paid to the technical skill development fund by the relevant employer under thislaw.
(p) The Ministry means the ministry of employee, the employment and the social security.

Chapter 2
Seeking Employment and Employee

3. The Ministry shall arrange easy opportunities and jobs to assist in the job seeker to select job suitable to his age,capability, to get the job, to be stable in the job and to develop in the skill, to assist in the employer to get thesuitable and compatible with the job.
4. (a) for any matter under section 3, the Ministry:(1) shall set up employment and labour exchange office as necessary;(2) shall carry out the necessary arrangement to reveal the employment opportunities, to assist in the employment
seeker and to assist in the employer to get the employee who is suitable and compatible with the employment, toopen government employment and labour exchange office, to allow the local private employment agency companies
which are providing free service to the employment seekers, and other means.
(b) If the employment seeker refuse to accept the employment offered by the employment and labour exchange
office giving the reason that regarding the said employment there is a dispute between the employee and employer,
the remuneration earned by the other is more than the similar employment for him, he shall have the right to enjoy
the other benefit and opportunities available in the said Labour Office.
(c) In connection with the employment which is vacant at present and going to be vacant, the Ministry shall arrange
to ask the employer for informing the vacant employment in his business to the relevant employment and labour
exchange office in accord with the stipulations.

Chapter 3
Signing Employment Agreement

5. (a) (1) If the employer has appointed the employee to work for an employment, the employment agreement shallbe made within 30 days. But it shall not be related with government department and organization for a permanent
employment.

(2) If pre training period and probation period are stipulated before the appointment the said trainee shall not be
related with the stipulation of sub‐section (1).
(b) The following particulars shall be included in the employment agreement:(1) the type of employment;(2) the probation period;(3) wage, salary;(4) location of the employment;(5) the term of the agreement;(6) working hour;(7) day off, holiday and leave;(8) overtime;(9) meal arrangement during the work hour;(10) accommodation;(11) medical treatment;(12) ferry arrangement to worksite and travelling;(13) regulations to be followed by the employees;(14) if the employee is sent to attend the training, the limited time agreed by the employee to continue to work after
attending the training;(15) resigning and termination of service;(16) termination of agreement;(17) the obligations in accord with the stipulation of the agreement;(18) the cancellation of employment agreement mutually made between employer and employee;(19) other matters;(20) specifying the regulation of the agreement, amending and supplementing;(21) miscellaneous.
(c) The worksite regulations contained in the employment agreement shall be in compliance with any existing law
and the benefits of the employee shall not be less than those of the any existing law.
(d) According to the employment agreement, the Ministry shall issue the notification for paying the stipulatedcompensation to the employee by the employer, if the work is completed earlier than the stipulated period or thewhole work or any part of it have to be terminated due to unexpected condition or the work has to be terminated
due to various conditions.
(e) The employment agreement made under sub‐section (a) shall be related with daily wage workers, piece rate
workers who are appointed temporarily in the government department and organization.
(f) The worksite regulations and benefits contained in the employment agreement mutually made between theemployer and employee or among the employees shall be amended as necessary, in accord with the existing law.
(g) The employer shall send a copy of the employment agreement made between the employer and employee, tothe relevant employment and labour exchange office within the stipulated period and shall get the approval of it.

(h) The employment agreement made before the enforcement of this law shall be confirmed up to the end of theterm of the original agreement.

Chapter 4
Forming Employment and Skill Development Teams and Their Duties andResponsibilities

6. The Union Government ‐(a) shall form the central body for employment and skill development consisting of the following personnel:(1) The Union Minister Chairman

Union Ministry of Labour, Employment and Social Security(2) The Union Minister Member

The relevant Ministries(3) The City Mayor Member

Nay Pyi Taw, Yangon and Mandalay City Development Committees(4) The relevant Minister Member

Region or State Government(5) Chairman Member

Union of Myanmar Federation of Chamber of Commerce And Industry(6) Chairman Member

Union of Myanmar Labour Organizations(7) Chairman Member

Union of Myanmar Employers Organizations(8) Deputy Minister Secretary

The Ministry of Union Labour, Employment and Social Security.

(b) Vice chairman and joint secretary shall be appointed in forming under sub‐section (a).

7. The Central Body shall lay down the policies in respect of the following duties –(a) creating employment opportunities;(b) reducing unemployed persons;(c) promoting the disciplines and capability of the employees;(d) promoting the skill development of the employees;(e) forming employment and skill development teams and directing.
8. The Central body shall form the employment development team consisting of the following personnel with theapproval of the Union Government –(a) The Deputy Minister Chairman

Union Labour, Employment and Social security Ministry(b) The Deputy Minister Member

The relevant Union Ministries(c) The Director General or Managing Director Member

The relevant department or enterprise(d) The representative Member

Union of Myanmar Federation of Chamber of Commerce andIndustry(e) The representative Member

Myanmar Labour Organizations(f) The representative Member

Myanmar Labour Organizations(g) The representative Member

Myanmar Employer Organizations(h) Director General Secretary Labour Directorate

9. The duties and responsibilities of the employment development team are as follows:(a) creating employment opportunities in the country;(b) acquiring the employment for those who want to work;(c) reducing unemployed persons;(d) promoting the discipline and capability of the workers.
10. (a) the central body shall form the skill development team consisting of the following personnel with the consent
of the Union Government –(1) The Deputy minister Chairman

The Union Ministry which is empowered by the Union Government(2) Director General or Managing Director

The relevant Department or Enterprise(3) The Representative Member

The Union of Myanmar Federation of Chamber of Commerce And
Industry(4) The Chairman Member

The Technical Organizations(5) The representative Member

Myanmar Labour Organizations(6) The representative Member

Myanmar Employer Organizations(7) Deputy Director General Secretary

The Labour Directorate(b) In forming under sub‐section (a), the technical expert relating to the skill development for labour shall be
appointed as member.
11. The duties and responsibilities of the skill development teams are as follows:(a) classification of employment skill norm, drawing and enacting;(b) priority classification for the skill development of the employees and laying down the policies relating to the skill
training;(c) prescribing the arrangement relating to the skill assessment;(d) issuing the registered certificate to the training school or skill assessment departments;(e) laying down the arrangement relating to the issuing of skill assessment certificate;(f) managing after forming the skill development fund for the employees;(g) supervising the committees and sub‐committees formed by it.
12. (a) the skill development team shall form the following committees to perform the duties –(1) The committee for skill norm to be specified and training;(2) The committee for skill norm assessment and acknowledgement.
(b) The skill development team shall form the sub‐committees as necessary, under the committee of section 12
sub‐sections (a).
13. In connection with the duties and powers of the respective committees formed under section 12 sub‐sections (a)–(a) The committee for skill norm to be specified and training and the committee for skill norm assessment andacknowledgement shall draw after coordinating, the relevant establishment committee‐wise and the work program.
(b) The committee for skill norm to be specified and training shall perform the followings:(1) drawing the type of employment and true and correct skill norm after referring with the international norms;

(2) drawing the syllabus in accord with the skill norm, specifying the training norm;(3) specifying the quality of the training instructor;(4) specifying equipment, apparatus and teaching aid norm;(5) training school registration and kind of training registration;(6) coordinating for the technical skill development;(7) after scrutinizing, submitting to the skill development team relating to the application for register certificate.
(c) The committee for skill norm assessment and acknowledgement shall perform the followings:(1) specifying the assessment norm in accord with the employment skill norm to be specified;(2) registration of skill assessment department and registration of skill assessment program;(3) after scrutinizing, submitting to the skill development team relating to the application for the registeredcertificate;(4) specifying assessment method, specifying quality control systems and duties for the assessors and quality
warranty of the skill assessment department;(5) technological coordination for the skill development;(6) specifying the grade and arranging the competition for the employment skill development;(7) issuing acknowledgement certificate as the outstanding person if he performs in the competition significantly.

Chapter 5
Employee Skill Development and Doing Training Program

14. The employer shall carry out the training program in accord with the work requirement in line with the policy ofthe skill development team to develop the skill relating to the employment for the workers who are proposed toappoint and working at present.
15. The Employer:(a) shall carry out the training for each work or compounding the work individually or group‐wise by opening on‐job
training, training systematically at worksite, sending outside training and training by using information technology
system, for arranging the training program to enhance the employment skill of the workers;(b) appointing the youths of 16 years as apprentice, shall arrange the training for technology relating to theemployment systematically in accord with the regulations prescribed by the skill development team.

Chapter 6
Registration and Founding of the Training School and Skill Assessment Departments

16. (a) The employer or the service provider shall apply through the relevant committees to the skill development
team to acquire the registration certificate in accord with the stipulations.

(b)The foreigner who comes and wants to open the training school or any skill assessment department, he shallapply through the relevant committees to the skill development team to acquire the registration certificate in accord
with the existing laws.
17. The skill development team:(a) shall allow or refuse to issue the registration certificate after asking the relevant committees formed under
section 12, to scrutinize whether it is in compliance with the stipulations or not, in connection with the application
under section 16;(b) shall issue the registration certificate to the applicant after paying for the registration fees in accord with thestipulated regulations, if it is permitted to issue it;(c) shall allow to apply again within 30 days, if it is refused to issue the registration certificate.
18. The registered certificate holding training school and skill assessment departments shall apply through therelevant committee to the skill development team to extend the term of the registration in accord with thestipulations, if they want to continue the relevant work after expiring the term of the registration.
19. The skill development team shall have the right to cancel the registered certificate of the said training school or
the skill assessment department, if it is found that they are not in compliance with the stipulations contained in theregistered certificate.
20. The obligations of the registered training school are as follows:(a) Receiving the consent after drawing the following training program and submitting to the skill development
team;(1) the skill norm,(2) the syllabus,(3) the statement for the location of the training school, the building and apparatus,(4) the name of the instructor and his qualification,(5) the training period,(6) the training system for using in the training, the training aids,(7) the training certificate,(8) the training fee,(9) the other particulars prescribed by the committee for the skill norm to be specified and training.
(b) signing the agreement relating to the trainee and the training;(c) maintaining the curriculum vitae of the trainees;(d) submitting the report relating to the training to the skill development team within 15 days after completing thetraining;(e) submitting to the skill development team minimum 30 days in advance before transferring, if the training school
is required to transfer to another person who wants to open the training school;(f) transferring the trainees with the remaining training expanses to any other work similar training school, if the
training school is required to close.
21. The founder of the registered training school:

(a) shall have the right to appoint the foreign experts and instructors who receive work permit issued by the relevant
ministry. Their stay period shall be in accord with the existing law;(b) shall have the right to import the teaching aids in accord with the existing laws;
22. The obligations of the registered skill assessment department are as follows:(a) Receiving the consent after submitting the following skill assessment program to the skill development team;(1) the assessment program based on the recognized skill norm,(2) the statement of the location of the department, the building and the apparatus,(3) the names of the assessors and their qualification,(4) the assessment period,(5) the assessment aids for using in the assessment department,(6) the status of the questions to be assessed,(7) the skill norm and method using in the assessment,(8) the fees to be collected from the assessed persons,(9) other particulars prescribed by the committee for skill assessment.
(b) To acquire the recognized certificate, fixing of the stipulated regulations for the applicant whose skill to beassessed and assessment program to be specified;(c) To maintain the curriculum vitae of the assessed persons;(d) To submit the report to the skill development team within 15 days after skill assessment have been made;(e) To issue recognized certificate to the persons who passed the skill assessment with the approval of the skill
development team;(f) To transfer the assessed persons with the remaining expense to other similar type of skill assessment department,
if the skill assessment department is required to terminate;(g) To submit to the skill development team minimum 30 days in advance before transferring the skill assessed
persons to other skill assessment department.
23. The registered skill assessment department:(a) shall have the right to appoint the foreign experts and assessors who received the work permit issued by therelevant ministry. Their stay period shall be in accordance with the existing law;(b) shall have the right to import the assessed aids in accord with the existing laws. Shall have the right to apply tothe relevant skill assessment department to be assessed.

Chapter 7
Conducting the skill competition

24. The committee for skill assessment and recognition shall implement in accord with the stipulations to arise stepby step skill competition for the skill development depending on the type of work. To carry out the research works
through the results of skill competition.

25. The employee who received the skill recognized certificate is entitled to participate in the relevant skill
competition held in the country and abroad.

Chapter 8Founding and Using the Employee Skill Development Fund
26. Founding a fund for the skill development of the employees of industry and services business, the skill
development team shall have the right to use for the following matters in accord with the stipulations:(a) training for the skill development and skill enhancement for the employees;(b) training again for the required skill for the employees who are terminated from service due to any reason andwant to change any other work;(c) loan or support money for the matters under sub‐section (a) and (b).
27. The skill development team shall form the Fund management committee comprising of the government, theemployer and the employee representatives.
28. The duties and responsibilities of the fund management committee are as follows:(a) supervising the put in fees regularly to the fund;(b) managing the fund with the consent of the skill development team;(c) depositing the investing money out of the fund in any bank in accord with the financial regulations or buying andsaving the debentures;(d) receiving the donation with the approval of skill development committee if there is any donor;(e) auditing to be received relating to putting in and using the fund.
29. The fund management committee shall have the right to use the fund for any of the following matter in accord
with the regulation stipulated by the skill development team:(a) sending to any part time or full time training for the skill development of the employee, opening the training andsupporting or giving loan to the employer who shall extend the training program;(b) reissuing after scrutinizing in accord with the stipulations if asking to pay the expenses incurred relating to thetraining for the said employees;(c) performing other matters stipulated by the skill development team;
30. (a) The employer of the industry and service business shall put in to the fund monthly as put in fees without failfor the total wages of the subordinates and the supervisors' salary for not less than 0.5%;(b) Put in money paid under sub‐section (a) shall not be deducted from the wage and salary of the employees.
31. The skill development team:(a) relating to the put in money which is to be paid to the fund by the employer under section 30, sub‐section (a)shall specify based on the work sector, type of work, size of work and number of employees;(b) shall have the right to exempt from putting into the fund if any employer can submit secure reason.
32. The skill development team shall supervise the training opened by the foreigner relating to the monetary matterin accord with the existing laws.

33. The skill development team shall form the advisory committee to acquire the advice relating to the managementof the fund and using it.

Chapter 9
Offence and Penalties

34. If anyone is convicted of committing the imitation on skill recognized certificate, he shall be punished withimprisonment for not more than 7 years and with a fine.
35. If anyone is convicted of committing the conducting of employment exchange business without the permission of
the ministry or receiving the fees from the employees, he shall be punished with imprisonment for not more than
three years or with a fine or with both.
36. If anyone is convicted of violating any prohibition of the rules, regulations, by law, notification, order anddirective under this law, he shall be punished with imprisonment for not more than one year or with a fine or withboth.
37. If anyone is convicted of submitting the false statement or false saying knowing that it is not true, to any
employment and labour exchange office or any representatives doing for the said office work to get the employment
or employee, he shall be punished with imprisonment for not more than one year or with a fine or with both.
38. If any employer is convicted of committing any of the following matters, he shall be punished with imprisonment
for not more than six months or with a fine or with both:(a) failing to sign employment agreement under section 5, sub‐section (a);(b) failing to pay put in money under section 30, sub‐section (a).
39. If anyone is convicted of violating any matters contained in the employment agreement, he shall be punishedwith imprisonment for not more than three months or with a fine or with both.

Chapter 10
Miscellaneous

40. If the employer fails to pay back the loan from the fund within the specified period, the said loan shall becollected as the arrears of land revenue.
41. In implementing the stipulations under this law:(a) the ministry shall issue the necessary rules, regulations and by law with the consent of the Union Government;(b) the ministry and the labour directorate shall issue the necessary notification, order, directive and the procedures.
42. Employment and Training Act, 1950 shall be repealed by this law.

I hereby sign according to the Constitution of the Republic of the Union of Myanmar.
Sd. Thein Sein
The President
The Republic of the Union of Myanmar

Unofficial Translation
Central Bank of Myanmar Law(Pyidaungsu Hluttaw Law No. 16 / 2013)
The 4th Waxing Day of Waso, 1375 M.E.
(11th July, 2013)

Pyidaungsu Hluttaw hereby enacts this Law.
CHAPTER I
Title and Definition
1.

This Law shall be called the Central Bank of Myanmar Law.

2.

The following expressions contained in this Law shall have themeanings given hereunder:(a)State means the Republic of the Union of Myanmar;(b)

Government means the Union Government of the Republic of
the Union of Myanmar;(c)

Ministry means the Union Ministry of Finance and Revenue;(d)Central Bank means the Central Bank of Myanmar establishedunder this Law;(e)Bank means a bank established under the Financial Institutionsof Myanmar Law;;(f)

Financial Institution means a financial institution establishedunder the Financial Institutions of Myanmar Law;

CBM Law unofficial translation (29-7-2013)

2

(g)

Currency Notes means the currency notes issued by the Central
Bank under the provisions of this Law or legal tender currency
notes previously issued;(h)Coin means

coins issued by the Central Bank under theprovisions of this Law and coins previously issued;(i)

Foreign Exchange includes the following:(i)

foreign currency in cash;(ii) payment instruments payable in foreign currency cash or
payable abroad;(iii) deposits in intergovernmental financial institutions, central
banks, treasuries and commercial banks abroad;(iv) instruments used for the international transfer of funds:(v) foreign currency accounts opened and maintained indomestic banks.
(j)Gold means gold bars, bullion and gold coins of certified
fineness acceptable in the international transactions;(k)Currency in Circulation means the currency in circulation withthe exception of currency notes and coins held by the Central
Bank;

(l)

General Reserve Fund Account means an account created withan initial contribution from the State and at the end of each year,
a certain portion of net profit shall be allocated to the accountuntil it amounts to 100 per cent of the paid- up capital of theCentral Bank(m) Special Reserve Fund Account defines as an account createdby the Central Bank for some specific purpose.
(n)Discount Rate means the interest rate charged by the Central
Bank on the short-term loans borrowed by the eligible banks and3financial institutions at the discount window facility against the
securities as collateral.
(o)Reserve Requirement or Reserve Ratio defines a Central
Bank regulation that sets the minimum fraction of customer
deposits that commercial banks and saving banks are required todeposit at the Central Bank;

(p)
(q)

Year means the financial year of the State;
Personincludesany

individual,ororganization

incorporated.

CHAPTER II
Establishment, Aim and Objective
3.

The Central Bank of Myanmar is established under this Law as a legal

entity having perpetual succession, capable of suing and being sued in its
own name.
4.

The Head Office of the Central Bank shall be in Nay Pyi Taw. The

Central Bank may, with the approval of Board of Directors, open branches
and agencies inside or outside the State.
5.

The aim of the Central Bank shall be to preserve and maintain thedomestic price stability.
6.

The Central Bank shall, in accordance with its aim, also endeavor toattain the following objectives:(a)to promote monetary stability(b)

to enhance financial system stability;(c)

to develop efficient payments and settlement system,(d)to support the general economic policy of the Government
conducive to the sustained economic development.

4

7.

For the successful achievement of its aim and objectives, the Central

Bank shall have autonomy and may exercise all the powers conferred uponin carrying out the functions under this Law.

CHAPTER III
Organization and Management
8.

The Central Bank shall be governed by a Board of Directors.

9.

(a)

The Board shall be constituted with nine members appointed by
the President with the consent of Pyidaungsu Hluttaw as follow:(1)

the Governor of the Central Bank

Chairman(2)

three Deputy Governors of the Central Bank Member(3)

five other persons of recognized professional

Memberappointed by the Government(b)

The term of office of the Governor shall be 5 years. The term ofoffice of the other members shall be 4 years. Such Chairman andmembers of the Board shall not be eligible for serving more than
two consecutive terms;(c)

The Governor and the Deputy Governors shall devote theirwhole time to the functions and duties of the Central Bank andshall not engage in any other remunerated employment;(d)

The Board shall assign an officer of the Central Bank as
Secretary of the Board.

(e)

The Governor, the Deputy Governor and members shall haveexperience and professional standing in the field of central
banking, economics, money and banking, law , accounting andauditing;

5(f)

The Board members shall disclose fully to the Board theirpecuniary or business interest and those of the members of theirfamilies.

10. A persons shall not be appointed as a member of the Board if theperson is:(a)a person who is not a citizen;(b)the spouse, parent, son, daughter, brother and sister of a board
member;(c)staff and directors of a company or a partnership firm, or aprincipal shareholder who owns more than 5 per cent of total
equity interest in a company or a partnership firm;(d)staff and directors of a bank or a financial institution , or aprincipal shareholder who owns more than 5 per cent of total
equity interest in a bank or financial institution.

11.

The Governor and the Deputy Governor shall be entitled to receive

remuneration and allowances prescribed by the Board. Such remuneration
and allowances shall be borne by the Central Bank.
12. The other non-executive members shall be also entitled to receive
remuneration and allowances prescribed by the Board. Such remuneration
and allowances shall be borne by the Central Bank.
13. If a Hluttaw representative or salaried personnel of the Government is
appointed as a member of the Board of Directors, such person shall bedeemed to have resigned from his or her seat in that Hluttaw, or retired
from his or her office in accordance with the civil service rules from theday of appointment. Members of the Board shall not be a member ofpolitical party and shall not be involved in the activities of such parties.

6

14. The Governor shall serve as chief executive officer of the Central
Bank and be responsible to the Board for the management and theimplementation of the policy of the Central Bank.
15. The Governor shall have the powers to enter into contracts, and sign
instruments and documents on behalf of the Central Bank. He may, in
accordance with the resolution of the Board, delegate such powers to theofficers of the Central Bank.
16. A member shall cease to be a member if he or she:(a)infringes the restrictions mentioned in section 10;(b)

has been convicted with a sentence of imprisonment;(c)has obtained permission of the resignation from the appointed
authority ;(d)is adjudged incapable of performing duties by the President;(e)

has failed to attend the Board meetings for three consecutive
months without leave from the Board.

17. Any vacancy occurring by reason of the resignation or termination ordeath of any member of the Board shall be filled with any suitable person
who meets the requirements under this law for the unexpired period of theterm of office of the member concerned. Such vacancy shall be filled within
three months from the date of occurrence of the vacancy.
18. The Board may establish committees with suitable persons for theeffective performance of the functions and duties of the Central Bank. In sodoing, the duties and powers of such committees shall be determined.
19. The Board shall prepare an organizational set-up for the performanceof the functions and duties of the Central Bank. Officers and staff withinsuch organizational set-up shall be appointed.

7

20. The Board shall prescribe the Central Bank Service Regulations
relating to the personnel, and their benefits.
21. The Central Bank may carry out the followings with the approval of
the Board:(a)granting different types of loans and advances to its staff with orwithout guarantee;(b)establishing the welfare and provident funds or similar funds for
its staff, family members and beneficiaries of the staff.

22. (a)The regular meeting of the Board shall be convened at least oncea month. Provided that special meeting may be convened at any
time call upon by the Governor or at the request of majority ofthe members;(b)Half or more than half of the members attending the meetingshall constitute a quorum;(c)

The Governor or the authorized Deputy Governor in the absenceof the Governor shall preside at the Board meeting;(d)At the meetings of the Board, decisions shall be adopted by the
majority of the votes of the members present. In the event of an
equality of votes, the decision shall be adopted by the casting
vote of the Chairman of the meeting.

(e)Deputy Minister for Ministry of Finance and Revenue and the
Deputy Minister for the Ministry of National Planning andDevelopment shall be invited to attend the meetings of theBoard as observers.

23. A member shall refrain from voting on any matters related to hisbusiness interest which become the subject of Board action.

8

CHAPTER IV
Capital and Profit Allocation
24. The State shall be the sole shareholder of the Central Bank. The
authorized capital of the Central Bank shall be three hundred billion kyats,of which one hundred billion kyats shall be fully paid up by the State. The
authorized and paid up capitals of the Central Bank may be increased withthe approval of the Government. No reduction of these capitals shall bemade thereof.
25. When the value of the Central Bank’s assets falls below the sum of
the value of its liabilities and its paid-up capital, the Ministry shall transfer
government securities to the Central Bank in the amount necessary as
proposed by the Central Bank and approved by the Government.
26. The net profits of the Central Bank for each year shall be calculated
after deducting the operating expenditure for the year and after making
provision for bad and doubtful debts, depreciation of assets and funds for
welfare and retirement of the staff. The Central Bank may make provision
for such other purposes which it considers necessary, with the approval of
the Government.
27. The Central Bank shall have established General Reserve Fund
Account. At the end of each year, an amount equal to forty per cent of the
net profits shall be allocated in multiples of one million kyats to the General
Reserve Fund Account until it amounts to 100 per cent of the paid-up
capital of the Central Bank. By authorization of the Government, theamount to be transferred to the General Reserve Fund Account may be
increased to exceed the prescribed annual percentage or the total amount of
the General Reserve Fund Account may be increased beyond the paid-up
capital of the Central Bank.

9

28. After transfers to the General Reserve Fund Account have been madeunder section 27, the remainder of the net profit shall be used to redeem thegovernment securities which have been issued under section 25, held by theCentral Bank.
29. Any net losses at the end of each year shall be set off against General
Reserve Fund Account established under section 27..
30. The balance of the net profits remaining after deductions under
section 27 and section 28 have been made shall be paid in multiples of one
million kyats to the Union Government Budget as soon as practicable after
the end of the year.
31. No deduction permitted under section 27 and section 28 shall be madenor shall any payment under section 30 be made if, in the opinion of theCentral Bank, the assets of the Central Bank after the deduction or payment
will be less than the sum of its liabilities and paid-up capital.
32. For any net gains or loss arising from changes in valuation of theCentral bank’s asset or liabilities in, or dominated in gold, special drawing
rights, or foreign currencies as a result of any change in the values or
exchange rates of gold, special drawing rights, internationally recognizedunits of account, or foreign currencies in terms of the domestic currency, aspecial reserve account shall be established.
33. (a)Any net gains in any year of the Central Bank arising from therevaluation of the gold, special drawing rights, foreign
currencies and internationally recognized units of account interms of the domestic currency as a result of change in exchange
rate shall be credited to a special reserve account;

10

(b)

Any net losses in any year of the Central Bank arising from any
change mentioned in sub-section (a) shall be set off against any
credit balance in the special reserve account;(c)

The net gains referred to in sub-section (a) and the net losses
referred to in sub-section (b) shall not be included in thecomputation of the annual net profits of the Central Bank.

34. The Central Bank shall be exempt from taxes on income, stamp duties
or like dues and from assessment of tax related to banking operations.
35. The Central Bank shall:(a)stand on its own fund and carry out its operations with its own
fund arrangement;(b)prior to the commencement of each financial year, prepare its
annual budget estimates and submit to the Board to obtain theapproval and the approved annual budget shall be submitted to
the Parliament and the Government at the same time;(c)adopt the internal financial rules in order to implement theannual budget by the Board.

36. (a)

The accounts of the Central Bank shall be audited by Internal
Audit Department on quarterly basis. Audited reports shall be
submitted to the Board.

(b)

The accounts of the Central Bank shall be audited by the Union
Auditor General Office at least once a year;(c)

The Central Bank shall prepare financial statements at the end ofeach year. The Central Bank shall submit its annual report to theGovernment together with its balance sheet and profit and loss
statement certified by the Union Auditor General within 6months after the end of the year;

11

(d)

After submitting the annual report under sub-section (c), theCentral Bank shall publish it for public information.

CHAPTER V
Accountability and Transparency
37. The Central Bank shall, at a minimum twice a year, submit the reports
to the Government and PyiHtaungsu Hluttaw regarding the conduct of its
monetary policy and financial stability policy, the implementation of its
objectives, and the financial situation of the State. The Central Bank shallalso furnish such report to the Ministry.
38. The Governor shall, from time to time, report to the PyiHtaungsu
Hluttaw concerning monetary policy, financial system matters, the financial
situation of the State or any other matters related to the objectives andfunctions of the Central Bank.
39. The Central Bank shall, with the approval of the Board of Directors,
publish quarterly reports on monetary and financial stability for the public
information.

CHAPTER VI
Functions and Powers of the Central Bank
40. The functions and powers of the Central Bank include:(a)formulating and implementing monetary policy(b)determining and implementing the exchange rate policy;(c)advising to the Government in respect of such exchange rate
regime;(d)maintaining and managing theState;

international reserves of the

12

(e)

acting as the sole issuer of and managing the domestic currency;(f)overseeing the financial system in order to maintain its stability;(g)regulating and supervising financial Institutions;(h)overseeing the money market and foreign exchange market toensure orderly operation in such markets;(i)promoting and overseeing a safe, sound and efficient payment
system;(j)acting as lender of last resort for banks;(k)acting as a banker to the Government by maintaining theaccounts of the Government;(l)acting as financial advisor and fiscal agent to the Government;(m) acting as a banker for the financial institutions and to foreign
governments and international agencies;(n)Opening accounts with and accepting deposits from financial
institutions;(o)performing the transactions resulting from the participation of
the State in international financial institutions in the banking,creditandmonetary

sphereandundertaking

all

the

responsibilities in the name of the Government dealing with theaforesaid organizations on behalf of the Government.
(p)carrying out such operations as may be consequential orincidental to the exercise of its powers and discharge of its
duties under this Law.

41. The Central Bank is also authorized to carry out the following
functions and duties:

13

(a)

issuing securities in its own name and for its own account andbuying from, selling to and dealing in such securities withfinancial institutions and the public;(b)

granting loans and advances against securities as collateral;(c)dealing in financial market as it deems necessary;(d)issuing license to bank and financial institutions;(e)selling and realizing the value of movable or immovable
property which may come into its possession in satisfaction of
its claims;(f)establishing credits and giving guarantees in any currency insideor outside the State on such terms and conditions as it may deem
fit;

(g)

giving decisions in matters where sanction to take legal action
under this Law is requested;(h)collecting and producing statistics and information in generaland preparing the balance of payments and taking the necessary
measures to ensure a stable and viable balance of payments
position in particular;(i)determining central bank rate as and when necessary in order tocontrol the money supply;

42. The Central Bank may acquire, lease, maintain or sell in accordancewith law such business premises and equipment as it deems necessary forcarrying out its operations.
43. The Central Bank shall dispose of any equity interests it may acquirein the satisfaction of its claims from the debtor as soon as feasible.

14

44. The Central Bank shall not engage in the following:(a)organizing companies or enterprises or activities whose sole
objectives is profit-making, which is not consistent with thefunctions of the Central Bank under this Law and acquiring
equity interests in such companies and enterprises;(b)

granting different types of loans and advances except asauthorized under this Law.

CHAPTER VII
Maintaining Monetary stability
45. The Central Bank may, in implementing the monetary stability, beauthorized to use the following monetary instruments and methods:(a)open market operations in the financial markets;(b)

stipulation of discount rate and rediscount rate;(c)

stipulation of minimum reserve requirements;(d)other instruments including management of credit operation as it
may deem necessary

46. The Central Bank shall, in respect of monetary policy instruments to
be used under section (45) sub-section (a), determine the types of securities
and collateral to be used for open market and credit operations andannounce the conditions under which the Central Bank stands ready to enter
into such transactions to the public.
47. The Central Bank may purchase from, sell to, discount and rediscountthe following from the financial institutions:(a)bill of exchanges and promissory notes;(b)securities issued to the public or other securities issued or
guaranteed by the government;

15

(c)

financial instruments issued by the Central Bank.

48. The Central Bank shall from time to time determine and prescribe, itsdiscount rate, rediscounts and interest rate on advances.
49. The Central Bank may set different liquidity and reserve ratios fordifferent types of deposits and similar liabilities and may also determine themethod of their computation. Provided that the required ratios and themethod of computation shall be uniform for all institutions within the sameclass.
50. The Central Bank shall, from time to time require financial
institutions to maintain required reserves and specified liquid assets, against
such deposits and similar liabilities, by way of cash holdings or by way ofdeposits with the Central Bank or by both in such proportion.
51. The Central Bank may pay interest on the required reserves
maintained in accordance with Section 50 of this Law.
52. Changes in minimum reserve requirements shall become effectivefrom the date determined by the Central Bank. Provided that such dateshall be at least 14 days earlier than the date of declaration by the Central
Bank.
53. The Central Bank may, in order to fully implement its objectives,
determine and use other appropriate monetary policy instruments. In sodoing, the decision shall be made subject to the approval of majority
members of the Board of Directors.

16

CHAPTER VIII
Foreign Exchange and International Reserves Management
54. In consultation with the Central Bank, the Government shalldetermine the foreign exchange regime.
55. The Central Bank shall determine and implement the exchange rate
policy.
56. The Central Bank may, subject to such terms and conditions asprescribed from time to time, carry out the following:(a)buying, holding, selling and dealing in gold or other precious

metals;(b)buying, holding, selling and dealing in foreign currencies, using
any instrument which is generally used in foreign exchangetransactions;(c)buying, holding, selling and dealing in treasury bills and othersecurities issued or guaranteed by foreign governments orforeign central banks or in shares and securities issued by theinternational

financial

institutions

and

its

international

associations;(d)opening and maintaining accounts with intergovernmental
financial institutions, central banks, monetary authorities, andfinancial institutions outside the State;(e)opening and maintaining accounts and acting as agent or
correspondent for intergovernmental financial institutions,central banks, monetary authorities and financial institutions
outside the State, and foreign governments and their agencies;

17

(f)

borrowing, with the approval of the Government, in any foreign
currency on such terms and conditions as it considers
appropriate, and also giving security for such loans.

57. The Central

Bank may, in its own name or on behalf of theGovernment or for the account of and by order of the Government, enter
into payment and settlement agreements or any other similar contracts withpublic and private financial institutions established abroad.
58. The Central Bank shall be responsible for establishing andmaintaining, on such terms and conditions as it may from time to time
determine, and having due regard to the liquidity and risk associated withthe relevant assets, international reserves which shall consist of some or allof the following:
(a)

gold;

(b)

foreign exchange;(c)bills of exchange and promissory notes payable in such foreign
currencies and in such places as the Central Bank may, for the
purposes of this section approve;(d)

any internationally recognized reserve asset, including thefollowing: (i)an international reserve position of the State held at theInternational Monetary Fund;(ii)holdings of special drawing rights at the International
Monetary Fund.

59. (a)The Central Bank shall use its best endeavors to maintain theinternational reserve established under section 58 at a level
which the Central Bank considers is adequate for the State’sinternational transactions;

18

(b)

If the international reserve has declined or if the Central Bank
considers that it is in danger of declining to such extent as tojeopardize its adequacy in terms of the State’s internationaltransactions, the Central Bank shall submit to the Government areport on the international reserve position and the causes whichhave led or may lead to such a decline including such proposals
as it considers necessary to remedy the situation;(c)

Until such time as, in its opinion the situation has become
normal, the Central Bank shall continue to submit reports andproposals at intervals not exceeding three months.

60. The Central Bank may advise the Government as to the measures tobe taken, the terms and conditions, and other facts relating to the external
indebtedness that the State may from time to time incur. In so doing, theCentral Bank shall obtain from the Ministry, upon request up-to-dateinventory of all the foreign indebtedness contracted or guaranteed by theState.

CHAPTER IX
Issuance of Currency
61. The monetary unit of local currency shall be the “Kyat”. The Kyat
shall be divided into one hundred units which shall be called a “Pya”. The
symbols in the English language for such currency shall be “K” and “P”,
respectively.
62. The Central Bank shall have the sole right to issue currency notes andcoins. Currency notes and coins issued by the Central Bank shall be legal
tender throughout the State.

19

63. Any instrument or transaction or liability relating to money or
involving the payment of money in accordance with law shall, in theabsence of any expressed agreement to the effect that was made in terms offoreign exchange be deemed to have been made in terms of the Kyat within
the State.
64. The Central Bank shall arrange for the printing of notes and mintingof coins, for the security and safe custody of unissued currency notes andcoins, and for the custody and destruction as may be necessary of plates,
dies, and retired currency notes and coins.
65. The denominations of currency notes and coins and their design,
composition and other distinguishable characteristics shall be as determinedby the Central Bank with the approval of the Government.
66. If it is necessary to call in any currency notes in circulation theCentral Bank may do so with the approval of the Government and shallreport the closet Union Hluttaw session of the situation.
67. (a)The Central Bank shall redeem currency at face value on
demand of holders thereof;(b)

Banks shall exchange legal tender currency notes or coins, withother denominations on demand without charges;(c)

Notwithstanding anything contained in any existing law, no
person shall as of right be entitled to demand from the Central
Bank, the value of any lost, stolen, defective or defaced currency
note and coin. Provided that the Central Bank may refund thevalue of any defective or defaced currency note and coin after
examination in accordance with the procedures, regulations andbye-laws.

20

CHAPTER X
Maintaining Financial System Stability
68. For the purpose of financial stability, the Central Bank shall be
responsibleforissuing

licence,withdrawing

licence,

inspecting,supervising and regulating financial institutions, and may give suchdirections as may be necessary to ensure the solvency and soundness ofsuch institutions.
69. The Central Bank may, in inspecting and supervising financial
institutions assign and designate the staff of the Central Bank or otherqualified persons to carry out in the following manner:(a)to visit the offices of financial institutions from time to time to
examine accounts, books, documents and other records;(b)

to obtain periodic accounts, records and information of financial
institutions to examine such information.

70.

Financial institutions shall furnish the Central Bank with suchinformation and records concerning their operations, at such intervals andin such manner as may be prescribed by the Central Bank, for the effective
discharge of its functions and responsibilities;
71. The Central Bank may disclose information obtained under Section
70 in whole or in-part in aggregate form at such intervals as it considers
appropriate. Provided that information concerning any individual and not
relating to the public shall not be published.
72. The Central Bank may request any other supervisory authority
overseeing the financial institutions to provide with the required
information.
73. Where the Central Bank considers it necessary in the interest offinancial system stability, the Central Bank may issue instructions in21

writing requiring any financial institutions or its responsible person to takesuch measures to avert or reduce any risks to financial stability.
74. The Central Bank may set financial ratios including liquidity ratio andmay determine method of computation of such ratios as may be necessary.
75.

The Central Bank may establish or allow the establishment of a credit

bureau to collect, in a manner and to such extent, as it thinks fit, credit
information or any other information relevant in the assessment of thecreditworthiness of the customers and to inform of these information tofinancial institutions.

CHAPTER XI
Oversight of the Money Market and Foreign Exchange Market
76. The Central Bank may, in overseeing the money market and foreignexchange market, assign and designate the staff of the Central Bank orother qualified persons to carry out in the following manner:(a)to visit the offices of relevant persons from time to time to
examine accounts, books, documents and other records;(b)

to obtain periodic accounts, records and information of persons
as prescribed in sub section(a) to examine such information.

77. Persons who engage in money market and foreign exchange market,
shall furnish the Central Bank with such information and records
concerning their operations, at such intervals and in such manner as may
be prescribed by the Central Bank, for the effective discharge of its
functions and responsibilities.
78. The Central Bank may disclose information obtained under thesection 77 in whole or in-part in aggregate form at such intervals as it22considers appropriate. Provided that information concerning any individual
and not relating to the public shall not be published.

CHAPTER XII
Oversight of Payment and Settlement System
79. The Central Bank shall be responsible for issuing, refusing andrevoking of licensing to the applicant, and the regulation and oversight ofthese payment institutions for the purpose of security and effectiveness ofthe payment and settlement system in accordance with provisions under thislaw and other related laws.
80. In order to facilitate the clearing of cheques and other instruments
used as means of payment, the Central Bank may, in cooperation withfinancial institutions, allow the establishment of clearing houses in suchplaces as it shall deem necessary.
81.

Persons who engage in payment and settlement operations shallcomply with procedures and guidelines issued by the Central Bank fromtime to time.
82.

The Central Bank may, in overseeing the operations concerning thepayment and settlement system, assign and designate the staff of theCentral Bank or other qualified persons to carry out in the following
manner:(a)

to visit the offices of payment, clearing and settlement systems
and its participants from time to time to examine accounts,
books, documents and other records;

23

(b)

to obtain periodic accounts, records and information of persons
as prescribed in sub section(a) to examine such information.

83. Persons who engage in payment and settlement operations, shallfurnish the Central Bank with such information and records concerning
their operations, at such intervals and in such manner as may be prescribedby the Central Bank, for the effective discharge of its functions andresponsibilities.
84. The Central Bank may disclose information obtained under theSection 83 in whole or in-part in aggregate form at such intervals as it
considers appropriate. Provided that information concerning any individual
and not relating to the public shall not be published.

CHAPTER XIII
Lender of Last Resort
85. For the purpose of averting or reducing any risk to financial stability,
the Central Bank may:(a)provide financial assistance to any banks;(b)extend credit only to head offices of banks incorporated in
Myanmar and to the main branches in Myanmar of foreign
financial institutions;(c)enter into consultation with other Central Banks to provide
liquidity assistance to subsidiaries or branches outside Myanmarof any bank established in Myanmar.

86. In the circumstances of requesting for financial assistance to improveliquidity by the banks, the Central Bank may, on such terms and conditions
as it may from time to time determine, grant financial assistance at24

appropriate interest rate for periods not exceeding 92 days based on thefollowings:(a)the bank is solvent and can provide adequate collateral tosupport the loan;(b)

the bank needs such financial assistance to preserve the stabilityof the financial system.

87. On the basis of a program specifying the remedial measures that thebank concerned will be taking, these credit operations may be renewed
once for a period not more than 92 days.
88. The Central Bank may extend loan for more than one additional
period when it considers that such a loan is needed in exceptional
circumstance in order to meet the liquidity requirements of the borrower
and to serve the public interest.
89. If the Central Bank ascertains that the assisted bank did not
implement the remedial measures or that these measures did not achieve theresults intended, the Central Bank shall take appropriate measures.

CHAPTER XIV
Relation with Government on Financial Matters
90. The Central Bank shall accept deposits of the Government and makepayments on behalf of the Government against such accounts. The Central
Bank may assign another bank to do so.
91. The Central Bank may provide loans and advances to the Government
with the approval of Pyidaungsu Hluttaw. Such provision of loans andadvances shall be in accordance with the following conditions:

25

(a)

The terms and conditions for loan and advance shall beprescribed from time to time by consultation between the
Ministry and the Central Bank;(b)

Such loans and advances shall be guaranteed by interest-bearing
negotiable instruments of government securities with amaximum term of 92 days delivered by the Ministry to theCentral Bank;

92. The Central Bank may purchase and sell government securities holdby financial institutions and the general public.
93. All outstanding credit to the State on the date this Law takes effectshall be converted into interest-bearing negotiable instruments ofgovernment securities, which the Government will transfer without delay to
the Central Bank. The procedure of the redemption of such government
securities shall be carried out by consultation between the Ministry and theCentral Bank.
94. The Central Bank shall be entitled to receive essential financial andeconomic statistics, information and documents from the government
departments and organizations, which the Central Bank shall have toanalyze. The Central Bank shall present its views to the Government at therequest of the Government or at its discretion.
95. The Central Bank shall advise the Government on the placement of its
debt instruments with financial institutions and the public.

26

CHAPTER XV
Administrative Action
96. . The Central Bank may impose on and collect from any bank or
financial institution which fails to maintain required reserves in theappropriate ratio determined in accordance with section 49 and section 50,
a levy fine prescribed on the shortfall of required reserves in such bank or
financial institution, as the case may be.
97. Any person or financial institution which fails to comply with thefinancial ratios set by the Central Bank shall be subject to administrative
penalties including imposing fines under the provisions of this Law or
under any other laws relating to financial institutions.
98. Any action taken by the Central Bank under section 96 shall beapplicable uniformly to all financial institutions of a particular type without
discrimination, and no action taken under section 96 shall haveretrospective effect.

CHAPTER XVI
Prohibitions
99. No person shall, without the permission of the Central Bank do any of
the following:(a)cutting, tearing or in any other way defacing any currency noteor coin;(b)

dealing in any denomination of currency notes and coins for the
purpose of making profits.

100. Any member of the Board of Directors, personnel or agent of theCentral Bank, shall not, without permission under the law disclose or
publish information relating to the transactions, identity, amount of income

27

or source of income, profits, losses or expenditures of any person which
they have learned in the performance of their duties, or allow suchinformation to be seen or examined by another person.
101.

No person shall use any counterfeit currency notes and coins or

any type of negotiable instruments knowing that those are counterfeit
money.
102. No person shall issue or counterfeit currency notes and coins or any
type of instruments payable to bearer on demand, issued by the Central
Bank or import the counterfeit currency notes and coins.

CHAPTER XVIIOffence and Penalty
103.

Whoever violates the provision of Section 99 shall, on

conviction be punished with fine or with an imprisonment term not morethan 2 years or with both. In addition, the exhibits shall also be confiscated.
104.

A member, personnel or agent of the Central Bank who violates

the provision of Section 100 shall, on conviction be punished with fine orwith an imprisonment term not more than 2 years or with both.
105.

Whoever violates the provision of Section 101 shall, on

conviction be punished with fine or with an imprisonment term not morethan 3 years or with both.
106. Whoever violates the provision of Section 102 shall, on conviction bepunished with imprisonment for a term which may extend from a minimum
10 years to a maximum of 20 years. In addition, the exhibits shall also be
confiscated.

28

107.

Whoever abets, attempts, or conspires in the commission of any

offence under this Law shall be liable to the punishment provided in thisLaw for such offence.

CHAPTER XVIII
Miscellaneous
108. The position of the Governor and the Deputy Governor of the Central
Bank shall be regarded as the Union Minister and the Deputy Minister.
109. Among offences prosecuted under this Law, the Section 103 and 104
are prescribed as cognizable offenses.
110.

In taking legal actions under section 103 or section 104 priorsanction of the Central Bank shall be obtained.
111.

Whoever commit any offence under this Law shall be liable to thepunishment provided in this Law.
112. Notwithstanding anything contained in any existing law, debts owed
to the Central Bank shall be given priority over all other claims except
those of the State.
113.

The provisions of the Myanmar Companies Act shall not apply

to the Central Bank.
114.

Article 149 of the First Schedule to the Limitation Act shallapply to all legal proceedings instituted by the Central Bank.
115. Movable and immovable properties belonging to the Central Bank ofMyanmar established under the Central Bank of Myanmar Law (The State
Law and Order Restoration Council LawNo.15/90), operations in theprocess of execution, operations which have been completed, assets andliabilities shall devolve respectively on the Central Bank.

29

116. The Central Bank shall exercise the power and independently performthe duties and responsibilities provided in this Law. In case where it cannot
commence of operational functions assigned under this Law, the Presidentof the State may allow a transitory period not exceeding one year fornecessary adjustments and smoothen out the transitional process.

TheCentral Bank may resume its duties and powers during this transitory
period.
117.

The contracts entered into or executed by the Central Bank ofMyanmar established under the Central Bank of Myanmar Law (The State
Law and Order Restoration Council LawNo.15/90), shall be deemed to beentering into or executed by the succeeding Central Bank under this Law.
118. The Central Bank of Myanmar Law (The State Law and Order
Restoration Council Law No.15/90) is hereby repealed. Although the said
Law is repealed, the Board of Directors of the Central Bank of Myanmar
established under the said Law shall have the right to carry out theoperations until the day the duties and responsibilities are handed over tothe succeeding Board of Directors under this Law.
119.

Rules, regulations, bye-laws, orders and directives made orissued under the repealed the Central Bank of Myanmar Law (The State
Law and Order Restoration Council Law No.15/90) or under any otherpower shall, in so far as they are not inconsistent with the provisions of thisLaw, or are not repealed or superseded, continue to have effect and bedeemed to have been made or issued in accordance with this Law.
120. A person who carries out the assigned duties in good faith shall not betaken criminal action or civil action in implementing the provisions of this
Law.

30

121.

For the purpose of implementing the provisions of this Law, theCentral Bank may issue rules, regulations, bye-laws, notifications, orders,
directives and procedures as may be necessary.

I hereby sign this Law under the Constitution of the Republic of the Unionof Myanmar(Sd.) Thein Sein
President
The Republic of the Union of Myanmar

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Securities Exchange Certificate Transaction Law(2013, Pyidaungsu Hluttaw Law No. 20)
The 9th Waning of Waso 1375. M.E(30th July 2013)
The Pyidaungsu Hluttaw hereby enacts this Law.

Chapter 1
Title and Definition
1. This law shall be called the Securities Exchange Certificate Transaction Law.
2. The expressions contained in this law shall have the meanings given here under:(a) The followings are included in the meaning of Securities Exchange Certificate –(1) treasury certificates, treasury bonds, credit bonds and debentures issued, or about
to be issued, by the government or any government organization;(2) Treasury certificates, treasury bonds, credit bonds and debentures issued byinternational organizations or foreign governments and its organizations;(3) Shares, stocks, credit bonds and debentures issued, or about to be issued, by publiccompanies, related privileges, option rights and share warrants;(4) Other securities exchange certificates and instruments prescribed as securities
exchange certificate by notifications issued by the supervisory commission for the
securities exchange certificate business.
(b) Securities Exchange Certificate Business means any of the following activities:(1) Trading of Securities Exchange Certificates;(2) Acting as broker or agent in an securities exchange certificate business;(3) Taking responsibility for sub‐distribution of Securities Exchange Certificates;(4) Advising on investing in Securities Exchange Certificates;(5) Offering clearing accounts for Securities Exchange Certificates;(6) Activities defined as securities exchange certificate business by notification of theCommission.
(c) Trading of Securities Exchange Certificates means buying and selling of Securities
Exchange Certificates using one's own money;‐1‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(d) Acting as broker or agent in an Securities Exchange Certificate Business means selling or
buying Securities Exchange Certificates for the benefit of the clients for which thecompany acts as a go‐between, after receiving commission fees or other service;(e) Taking responsibility for sub‐distribution means taking responsibility for selling all orsome portion of the Securities Exchange Certificates to the public or helping the
distributors with distribution to the public;(f) Advising on investing in Securities Exchange Certificates means taking fees for advising
for the purpose of investing in Securities Exchange Certificates;(g) Offering clearing accounts means receiving the Securities Exchange Certificates
entrusted by the clients, keeping them in safe custody, delivering them to the clients,
assisting with, and providing services with regard to, the completion of clearing anddistribution;(h) Securities Exchange Certificate Market means a fixed place where Securities Exchange
Certificate Business is conducted regularly. In this expression, working regularly withspecific system is also included;(i) Securities Exchange Certificate Company means a company established according toexisting laws as a limited company;(j) Stock Exchange means the Securities Exchange Certificate market at which Securities
Exchange Certificate trading systems and mechanisms are collectively provided to allow
registration of Securities Exchange Certificates;(k) Over‐the‐Counter Market means an organized market at which the trading of
unregistered Securities Exchange Certificates is done;(l) Share means the share of the capital of a public company. In this expression, if share andstock are not differentiated, stock is also included;(m) Warrant means a Securities Exchange Certificate granting the right to buy shares by aperson for a prescribed price at a fixed day;(n) The Contract Document means the explanation which contains the full, complete dataon trading of the Securities Exchange Certificate and proves that the business has beensuccessfully done. The securities exchange company which acts as broker or agent sends
it to the clients and the distributing company in respect of trading of Securities Exchange
Certificates;‐2‐

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information, contact info@pwplegal.com(o) Registered Securities Exchange Certificate means the securities Exchange Certificate
registered at the stock exchange for trading or [otherwise] legally allowed Securities
Exchange Certificate;(p) License means the Securities Exchange Certificate business license issued by Securities
Exchange Certificate supervisory commission according to this law;(q) Commission means the Securities Exchange Certificate business supervisory commission
formed under this law;(r) Ministry means the ministry of Finance of the Union Government.

Chapter 2
The Objectives
3. The Objective of this law is as follows :(a) To promote the development of a market‐oriented system;(b) Systematic appearance of capital and investment in the securities exchange certificate
market for the development of national economy;(c) To raise state and private monetary business efficiently and to develop economic sectors
widely;(d) To supervise the smooth running of securities exchange certificate business so that it iscarried out in an honest way;(e) To safeguard the participants who take part in the securities exchange certificate market
according to the law;(f) To encourage the public in order to increase the public's financial investment and tosupport the state's monetary policy.

Chapter 3
Formation of the Commission and its Duties and Powers
4. The Union Government shall:(a) form the commission consisting of at least 5 suitable persons;(b) in forming the commission, chairman and secretary shall be appointed out of thecommission members at the same time;‐3‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(c) the members who are not government employees have the right to enjoy a
remuneration;
5. (a) Relating to the term of the commission, the two commission members shall alternately
resign after the prescribed term once in two years;(b) The Union Government shall appoint another suitable person to the vacant position or
may re‐appoint the former member once or multiple times;(c) If the tenure of one of the commission members is over, he has to continue to perform
his duty until a new member is appointed by the Union Government.
6. The commission chairman shall be the head of the commission and manage it.
7. The commission shall:(a) allow or refuse to issue the securities exchange certificate business license, after
scrutinizing the proposal;(b) suspend or revoke the license, if the license holder breaches any duty or regulation;(c) extend, after scrutinizing the proposal, the license period upon application forextension;(d) collect the license fees and penalties fees in accordance with the stipulations.
8. The Commission shall:(a) allow or refuse to establish a stock exchange, after scrutinizing the application;(b) suspend or revoke the license with a notice period, if the stock exchange breaches any
duty and regulation;(c) revoke the permit if any situation arises as below:(1) cease of the stock exchange business due to any matter;(2) dissolution of the stock exchange activity;(3) decrease of the number of securities exchange certificate companies in the stock
exchange below the number stipulated as minimum;(4) in accordance with the prohibition contained in chapter (9), if there are considerable
effects on the benefits of the general public and the investor.
9. The Commission shall:(a) give the permission, after scrutinizing the proposal, to appoint the auditor for securities
exchange certificate companies and the stock exchange;(b) give the permission to amend the stock exchange establishment regulation inaccordance with the stipulation.
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10. If securities exchange certificate companies apply to establish an over‐the‐counter market inaccord with the stipulations, the Commission shall issue the permit for unregulated
securities exchange certificate transactions.
11. The Commission may:(a) submit the necessary advice to the Union Government in connection with the matter
relating to the securities exchange certificate business;(b) form the necessary working committees, organizations and prescribe their duties;(c) direct if necessary, the securities exchange certificate companies or over‐the‐countermarkets or stock exchange;(d) supervise the securities exchange certificate business, inspect and enquire from time totime;(e) perform other duties given by the Union Government.
12. The Commission shall supervise the following organizations and persons with regard to theirbusiness accounts in accordance with the relevant accounting system of the Union of
Myanmar and ask for submission of the required accounts documents, accounts statements,
other documents and information data from them.
(a) Public companies;(b) Securities exchange certificate companies;(c) Over‐the‐counter markets;(d) Stock exchange;(e) The responsible person, member, employee and present or past agents of any company
mentioned above;(f) License holder, or his lawyer, auditor and agent.
13. The Commission may carry out research and development work in order to developinternationally the securities exchange certificate business, may communicate with theinternational securities exchange certificate supervision organizations and its related
business departments and organizations.
14. The Commission has the right to call anyone and investigate in order to acquire evidence, if
it believes that the persons who are doing securities exchange certificate business violate
this law, rules, regulations, notifications, orders, directives, by laws and any provisions of theprocedures or fail to follow any duties, or it believes that cheating or unfairness haveoccurred with regard to securities exchange certificate business.
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15. In connection with information obtained while on duty, any commission member orcommission employee is prohibited from disclosing any information and showing documents
to anyone except when required by an existing law.

Chapter 4
Securities Exchange Certificate Companies
16. Those who want to engage in securities exchange certificate business after establishing thesecurities exchange certificate company must have formed and incorporated this company
in accordance with the existing laws relating to the Myanmar Companies Act.
17. In the formation of a Securities Exchange Certificate Company:(a) the expression "securities exchange certificate" shall be included in the name of thecompany;(b) shall be formed as a private company limited by shares;(c) shall have the minimum capital and authorized capital in accordance with thestipulations;(d) shall be in compliance with the rules, regulations, by‐laws, notifications, orders,
directives and procedures according to the law.
18. If the company receives any license issued by the Commission, the company shall have theright to carry out the permitted securities exchange certificate business.
19. The company's responsible persons and the employees shall carry out their work honestly,with efficiency and fairness towards their customers.
20. The company shall:(a) keep and maintain the accounts and records in accordance with the stipulations;(b) acquire the approval of the Commission before appointing the auditor in compliancewith the existing law related to the Myanmar Companies Act;(c) send the audited report to the Commission according to the stipulations;(d) not reduce the authorized capital without the prior approval of the Commission;(e) send the report on work performance to the Commission in accordance with thestipulations;(f) send the record of the business to the related organization in accordance with thestipulations upon completion of the transaction of the securities exchange certificate.
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21. In carrying out the securities exchange certificate business, the company shall refrain fromengaging in activities prohibited according to chapter 9 which affect the safeguarding of theinterest of the public and the investor.
22. The Company shall:(a) annually contribute to the specific reserved fund out of the net profit in accordance withthe stipulations after the end of every financial year;(b) use the fund for the compensation of any loss in relation to the securities exchange
certificate business, and may use the fund for other matters if prior approval from theCommission is obtained.

Chapter 5
License23. The types of securities exchange certificate license are as follows:(a) Securities exchange certificate trading license;(b) Securities exchange certificate agent or representative license;(c) Securities exchange certificate sub‐distribution license;(d) Investment consultancy services license;(e) Securities exchange certificate company representative license;(f) Other business licenses as prescribed and notified by the Commission.
24. The commission shall stipulate the required qualification and regulation in accordance withthe type of license.
25. The company may file an application with the Commission in accordance with thestipulations in order to acquire one type of license or more than one type of license as
below:(a) Securities exchange certificate Trading License;(b) Securities exchange certificate agent or representative license;(c) Securities exchange certificate sub‐distribution license.
26. (a) The company which receives any type of license under section 25 may carry out theconsultancy service for the investment in securities exchange certificates without acquiring aseparate license;‐7‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(b) A person who possesses the prescribed qualities and complies with the regulations may
file an application with the Commission to acquire an investment consultancy services
license in order to advise on investments in securities exchange certificates.
27. A person who wants to act as an agent of the company may file an application with thecommission in accordance with the stipulations in order to acquire the securities exchange
certificate company representative license, attached with the company's recommendation.
28. The Commission shall:(a) Allow, or refuse, to issue the license, after scrutinizing whether compliance withprescribed qualities and regulations is guaranteed in accordance with the type of license,
upon receiving the license application under section 25, section 26 (b) and section 27;(b) issue the license after stipulating the terms and conditions if the issuance of the license
is allowed in accordance with sub‐section (a).
29. The license holder shall apply to the Commission for renewal at least 30 days in advance
before the expiry of the license validity, if he wants to continue to do the permitted
securities exchange certificate business.
30. The commission may allow, or refuse, to extend the license validity, after scrutinizing theapplication to extend the license validity under section 29.
31. The commission shall fix the license fee, license extension fee, penalties and license terms.
32. The license holder shall:(a) abide by the rules, regulations, by‐laws, notifications, orders, directives and procedures
under this law;(b) abide by the conditions of the license.
33. The license holder shall:(a) deliver the license to the Commission within 30 days from the expiry day of the license,
if he does not continue the securities exchange certificate business after the expiry of
the license validity;(b) deliver the license to the Commission after informing the Commission within 7 days, if
he wants to cease to operate the securities exchange business during the license term;(c) shall obtain the approval of the Commission in advance, if he wants to merge thesecurities exchange certificate business with other organization or liquidate thecompany;(d) stop the business if the properties of the company are attached with a warrant by acourt, thus keeping the properties under the control of the court.
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34. The Commission may revoke or suspend the license for certain period, in the event of any of
the following event happening to a license holder:(a) the license holder breaches any condition of the license, or fails to abide by them;(b) Leasing or transferring the license to any person;(c) breaching any prohibition of the rules, regulations, by‐laws, notifications, orders,
directives and procedures under this law, or failing to abide by them;(d) death, insanity or bankruptcy;(e) harm to the interest of the public and of the investors according to chapter 9;(f) dishonest business practices and dishonest reporting of financial and business matters;(g) criminal conviction for cheating, misappropriation, stealing, breach of trust, orcommitting a character‐related crime.

Chapter 6
Distribution of Securities Exchange Certificates
35. The public company shall:(a) before selling to the public, submit the proposal to the Commission and acquire its
approval as to how the public offer shall be carried out. The commission shall decidewithin 60 days;(b) when selling to the public, announce the prospectus consisting of the company's
memorandum of association, articles of association, and the company's importantsalient facts.
36. In connection with the issuance of new securities exchange certificates, the Commission
shall specify the regulations for public companies.
37. In the securities exchange certificate market, when the public company receives the contract
document, sent by the relevant securities exchange certificate company, the public company
shall register after changing the name of the buyer upon asking to change and register his
name from the name of existing share holder.

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Chapter 7
Stock Exchange
38. The stock exchange:(a) is a private company or joint venture company, in accordance with the Myanmar
Company Act, after acquiring approval from the Commission;(b) has the responsibility to monitor and control, collect and undertake the trading of listed
securities exchange certificates;(c) shall undertake the work in accordance with the stipulations under this law;(d) shall be under the management, monitoring and control of the Commission.
39. (a) A stock exchange shall be organized according to its statute; a board of directors shall beformed, consisting of not more than 5 persons appointed by the Commission and not morethan 5 persons appointed by member securities exchange certificate companies;(b) the Commission shall appoint to the board of directors persons who are wellexperienced, competent and knowledgeable in matters relating to work performance,
securities exchange certificates or financial matters;(c) the board of director shall appoint one of the director as the chairman;(d) the chairman may specify one of the directors from the board of directors as thesecretary;(e) required committees and groups may be formed in the stock exchange;(f) necessary staff and employees may be appointed by the board of directors.
40. The stock exchange:(a) shall undertake the stock exchange certificate business at the fixed location assigned by
the Commission;(b) shall appoint the auditor with the prior approval of the Commission;(c) shall submit the audited report to the Commission annually;(d) shall abide by the rules, regulations, by‐laws, notifications, orders, directives andprocedures under this law.
41. The duties of the board of directors are as follows:(a) managing the securities exchange certificate business;(b) specifying the listed norms for trading of securities exchange certificate in the stock
exchange;(c) registering the securities exchange certificates for trading in the stock exchange;‐ 10 ‐

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information, contact info@pwplegal.com(d) compiling the trading records of the securities exchange certificates whose trading havebeen completed in the stock exchange;(e) compiling the records relating to the data of the member securities exchange certificatecompanies;(f) specifying the member securities exchange certificate companies membership fees,
share listing fees, reserved fund and other services fees and maintaining these monies
systematically and managing them in accordance with the statute and by‐laws;(g) appointing the necessary staff and employees;(h) inspecting and supervising the member securities exchange certificate companies
whether they act honestly.
42. The authorities of the board of director are as follows:(a) shall allow or refuse to take part in the stock exchange as member, after scrutinizing theapplication of the securities exchange certificate company;(b) shall specify the minimum number of member securities exchange certificate companies
in the stock exchange;(c) shall specify the rights and responsibilities of member securities exchange certificatecompanies;(d) shall suspend temporarily the trading of its stock exchange if there is sound reason andshall prohibit temporarily one of the members' securities exchange certificate trading;(e) shall suspend or cancel the membership of the securities exchange certificate company
which is not suitable to continue to take part in the stock exchange;(f) shall decide in the event of disputes arising with respect to the trading of securities
exchange certificates among members or among one of the members and otherpersons.
43. The stock exchange shall undertake, after acquiring the prior approval of the Commission inaccordance with the stipulations, to amend its statutes or to draw new statutes or to amend
the work‐related regulations.

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Chapter 8
The Over‐the‐Counter Market
44. If the securities exchange certificate companies, which are not less than three companies,
want to establish an over‐the‐counter market, they shall apply to the Commission
collectively. Upon getting the approval, they shall establish the over‐the‐counter market.
45. (a)In establishing the over‐the‐counter market with the approval of the Commission under
section 44, the over‐the‐counter market board of directors shall be formed consisting of not
more than five members who are elected by the member securities exchange certificatecompanies.
(b)The board of director of the over‐the‐counter market shall select one chairman from theboard of directors.
(c)The chairman shall assign one of the directors as secretary.
46. The over‐the‐counter market which is established with the approval of the Commission shallhave the right to act under its own name, have its own seal and shall have the right to sue
and be sued.
47. The over‐the‐counter market shall abide by the rules, regulations, by‐laws, notifications,orders, directives and procedures under this law.
48. The Commission shall suspend or revoke the license issued to the over‐the‐counter market
with a notice period, if the over‐the‐counter market engages in activities prohibited inchapter 9 which are apparent to impair the public interest and the interest of the investors is
impaired.

Chapter 9
Prohibited Activities
49. The prohibited activities that impair the public interest and the interest of the investors are
as follows:(a) in connection with offer and sale, listing, sale, buying, trading, investing, services
provided to the public and the various kinds of business transactions involving security
exchange certificates and the security exchange certificate market: direct involvement
or indirect involvement in significant deceiving or cheating, false information, concealing
important data;‐ 12 ‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(b) announcing false information with the purpose of instigating or persuading others to
buy or sell the securities exchange certificates, or announcing incomplete and untimely
information that significantly affect the price of securities exchange certificates in themarket;(c) using internal information, or announcing information, in order to buy and sell securities
exchange certificates for one's personal account or for the account of other persons, or
giving information, giving advice to sell or buy securities exchange certificates to otherpersons based on internal information that are not made public;(d) conspiracy in buying, selling of securities exchange certificates after creating false supply
and demand, or conspiracy with others to control the price of the securities exchange
certificates, or using continuous buying, selling and trading methods after persuading
others.

Chapter 10
Safekeeping Security Exchange Certificates andSettling the Accounts
50. (a) If a securities exchange certificate company wants to do the business of safekeeping
securities exchange certificates and settling the accounts, it shall apply to the Commission toacquire the permission in accordance with the stipulations;(b)The Commission shall issue the permit after scrutinizing the application and fixing theregulations under sub‐section (a) or refuse to issue the permit.
51. If the stock exchange wants to do the business of safekeeping securities exchange
certificates and the settling the accounts, it may do so without acquiring the permission of
the Commission. But it shall inform the Commission that it engages in this business.
52. If it is necessary, the Ministry may assign any suitable government department ororganization with prescribed regulations to do the business of safekeeping securities
exchange certificates and settling the accounts.

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Chapter 11
Appeal53. (a) Any person who is not satisfied with the decision which is passed in accordance with theauthority of the stock exchange board of directors under section 42, may appeal to theCommission within 30 days from the day of the decision having been passed;(b)The Commission may approve the decision of the stock exchange board of directors,
amend it, or may pass another suitable decision after scrutinizing the appeal under sub‐section (a).

Chapter 12
Prohibition and Penalties
54. No one is allowed to violate the prohibition under chapter 9 and to impair the interest of the
public and investors.
55. No one:(a) is allowed to engage in any securities exchange certificate business without having acorresponding business license;(b) is allowed to form an over‐the‐counter market or a stock exchange, to engage in over‐the‐counter market or stock exchange business or business similar to over‐the‐countermarket or stock exchange business;(c) is allowed to use the name of an authorized over‐the‐counter market or stock exchange
without permission, or to falsely pretend to be a member of an over‐the‐counter market
or stock exchange.
56. Any license holder is not allowed to sub‐lease or transfer the license by any means.
57. Any responsible person of a securities exchange certificate company is prohibited fromallowing other persons or organizations, except his agent, to perform the securities
exchange certificate business in the name of his company.
58. In connection with the information and data obtained while carrying out their duties, any
member of the Commission or any employee of the Commission is not allowed to disclose,
display or announce to any unconcerned person these information and data except fordisclosure, display or announcement under the existing law.

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59. Any responsible person or employee of an securities exchange certificate company is notallowed to work in other securities exchange certificate companies or other companies orbusiness organizations without the permission of the Commission.
60. If anyone is convicted of violating the prohibition under section 54, he shall be punishedwith imprisonment for not more than 10 years and with a fine.
61. If anyone is convicted of violating any prohibition under section 55, he shall be punishedwith imprisonment for not more than 5 years, or with a fine, or with both.
62. If any license holder is convicted of violating the prohibition under section 56, he shall bepunished with imprisonment for not more than 5 years, or with a fine, or with both.
63. If any responsible person of a securities exchange certificate company is convicted ofviolating the prohibition under section 57, he shall be punished with imprisonment for not
more than 5 years, or with a fine, or with both.
64. If any member or employee of the Commission is convicted of violating the prohibition
under section 58, he shall be punished with imprisonment for not more than 3 years, or witha fine, or with both.
65. If any responsible person or employee of a securities exchange certificate company isconvicted of violating the prohibition under section 59, he shall be punished withimprisonment for not more than 3 years, or with a fine, or with both.
66. If anyone is convicted of violating any prohibition of the rules, regulations, by‐laws,
notifications, orders, directives and procedures under this law, he shall be punished withimprisonment for not more than one year, or with a fine, or with both.

Chapter 13
Miscellaneous
67. During the transitional period in which the securities exchange certificate market business is
not able to be undertaken systematically in the Republic of the Union of Myanmar in spite ofit having been established under this law:(a) the Union Government shall specify the transitional period; if it is necessary, this period
may be extended;(b) the Union Government shall assign the Ministry to monitor and supervise theCommission and the securities exchange certificate transaction business during thetransitional period;‐ 15 ‐

CONVENIENCE TRANSLATION – for further
information, contact info@pwplegal.com(c) the Ministry may issue the necessary notifications, orders and directives to monitor andsupervise the securities exchange certificate transaction business in the transactional
period;(d) the Ministry shall allow any joint‐venture company formed by the Myanmar Economic
Bank and any organization which is a non‐financial organization to engage in thebusiness of stock exchange and over‐the‐counter market, regardless of the prescription
made in the Financial Institution of Myanmar Law.
68. The expenditures relating to the Commission and the Commission office shall be paid forfrom the approved budget of the Union Government.
69. The offences under this law shall be specified as the cognizable offences.
70. Any offence under this law shall not be adjudged at any court without the prior permissionof the Commission.
71. In implementing the stipulation under this law:(a) the Ministry, after consulting with the Commission, may issue necessary ruless,regulations and by‐laws, with the approval of the Union Government;(b) the Ministry and the Commission shall issue the necessary notifications, orders,
directives and procedures.
I hereby sign under the Constitution of the Republic of the Union of Myanmar.

Thein Sein
President
Republic of the Union of Myanmar‐ 16 ‐

THE INOCME-TAX REGULATIONSThe Republic of the Union of Myanmar
Ministry of Finance and Revenue
Minister Office
Notification No.103/2012th
8 Waning of Tabaing 1373 ME, Naypyitaw(2012 ,March 15)
The Ministry of Finance and Revenue with the approval of the Union
Government make over of power by notification the following Rules under the
Income- tax law Section 51,sub –section (a)CHAPTER I
Title and Definition
1.

(a) These Regulations shall be called the Income-tax Regulations.
(b) These Regulations shall be commencing from the Finance year
2011-2012
2. This expressions of these Regulations shall have the same meanings in
the income-tax law & income-tax regulation and then Director
General means Director General of the Internal Revenue
Department.
CHAPTER II
Assessment of Government Economic Enterprises
3. The assessment of Government economic enterprises shall be made as
mentioned below;(a) notwithstanding anything contained in sub-section (a) of section 16
of Law, a Government economic enterprise shall pay in advanceduring the income year income- tax as provided for it in the State
Budget for that year. Such payments shall be made in quarterly
installments. If the provision for the income-tax has been revised by
the State Budget, payments for the remaining installments shall bemade according to the revised provision, after making adjustments.
The tax so paid shall be deducted in the relevant assessment.
Provided that where the provision for the income-tax in the State
Budget Law is separately made for the advance tax and the ordinarytax, only the provision for the advance shall be applicable to thisClaus(b) notwithstanding anything contained in section 17 of the Law, the said
enterprise shall furnish its return of income to the Assessments
Committee within thirty day from the date of completion of annual
accounts for the relevant income year;(c) the Township Revenue Officer shall accept the income shown in the
return furnished by the said enterprise and make assessment thereon.
Provided that, if the Township Revenue Officer finds that the income
shown therein is less than the assessable amount he may determine
the assessable income and assess accordingly. If it is found, after theaccounts of that enterprise has been audited in accordance with heaudit programe of the Government, that the income for the relevant
year differs from the income originally declared or the income
determined by the Township Revenue Officer, the said enterpriseshall furnish a fresh return of income for the said year along with acopy of the audit report within thirty days from the date of receipt of
the audit report. On receipt of these, the Township Revenue Officer
shall make re-assessment for the relevant year on the basis of the
fresh return;(d) the reliefs given under section 6 of the Law shall not apply to theGovernment economic enterprises;(e) the other matters relating to the assessment and collection shall be
dealt with in accordance with the directions made from time to timeby the person delegated by the Government for this purpose.

4.

CHAPTER III
Assessment of Co-operative Societies(a) The total income of a co-operative society formed under theUnion of Myanmar Co-operative Society Law, 1992, shall becomputed on contribution to funds and depreciations allowancein respect of the capital assests ,contribution to the following
funds(aa) contribution to the pension fund(bb)social and cultural fund
(b)

(c)

(d)

(e)

In sub-section (a) payments made out 1998, co-operatives’s
regulations section 63and 64 other than those mentioned in subclause (ii) and (iii). Provided that it shall not be capital
expenditure and payment for income-tax.
Notwithstanding anything contained in section 16 of the Law, thesociety shall, at the time of furnishing the return of income, pay infull the tax on the total income computed in accordance with subregulation (a) at the rates applicable to the relevant assessment year.
The tax paid as such shall be deemed to be the income-tax paid in
advance under section 16 of the Law.
The year-end final account small be drawn up the Head of thecooperatives in accordance with the Regulation of thecooperatives under the Regulation 84 and according to theRegulation 82, if the account is audited by the internal auditedby the internal auditor of cooperatives the total income shall becalculated based on the report of the internal auditor and thistask shall be carried out in accordance the sub-section (a) and(b) of the provision of the regulation.
The other matters relating to the assessment and collection on thesaid society be made in accordance with the provisions of the Law.

CHAPTER IV
Assessment of Foreigners and Foreign Organizations performing under
Government Projects
5. (a) The assessment of income-tax on a foreigner who is engaged under
special permission of the Government in any Government project orGovernment sponsored project or enterprise shall be made as follows:(i) income-tax shall be assessed on the income received for such
performance during the period of his residence in Myanmar at therates specifically prescribed by the State Budget Law;(ii)where such a person has any other income in the Union of Myanmar
which is not applicable to the said performance, income-tax shall beassessment on that income at the relevant rates according to thesource of income in the same manner as is assessed on otherassesses;(iii)notwithstanding anything contained in sub-section (l)and (n) ofsection 3 of the Law, the income received abroad by that person
which does not pertain to the said performance shall be assessed
under this Law, only if such income is applicable to section 26 of
the law;(iv)the other matters relating to the assessment and collection on that
person shall be made in accordance with the provisions of the Law.
(b) The assessment of income-tax on an association of persons formed
abroad which is engaged under special permission of the Government
in any Union Government project or Union Government sponsored
project of enterprise shall be made as follows:(i) the income of that association of persons from the said performanceshall be computed under rule 10 and income-tax shall be assessed onthat income at the rate specifically prescribed by the agreement ofunion Government, the ministry of Finance and Revenue ofgovernment State Budget Law;(ii)where such an association of persons has any other income in theUnion of Myanmar which is not applicable to the said performance,

income-tax shall be assessed on that income at the relevant rates
according to the source of income in the same manner as is assessedon other assesses;(iii)notwithstanding anything contained in sub-section (l)and (n) ofsection 3 of the Law, the income received abroad by that associationof persons, which does not pertain to the said performance shall beassessed under this law, only if such income is applicable to section
26 of the Law;(iv)the other matters relating to the assessment and collections on thatassociation of persons shall be made in accordance which theprovisions of the Law.
(b) The assessment of income-tax on association of persons formed abroad
which is engaged under special permission of the Government in any
Government project or Government sponsored project or enterpriseshall be made as follows;(i) the income of that associations of persons from the said performanceshall be computed under rule 10 and income- tax shall be assessedon that income at the rule specifically prescribed by the State Budget
Law;
(ii)
where such an association of persons has any other income in
the Union of Myanmar which is not applicable to the said
performance, income- tax shall be assessed on that income at therelevant rates according to the source of income in the same manneras is assessed on other assesses;(iii)notwithstanding anything contained in sub-section (l)and (n)ofsection 3 of the Law, the income received abroad by that associationof persons, which does not pertain to the said performance shall beassessed under this Law, only if such income is applicable to section
26 of the Law;(iv)the other matters relating to the assessment and collection on thatassociation of persons shall be made in accordance with theprovisions of the Law.

(c) The reliefs given under sections 6 of the Law shall not apply to theassessesment governed by this regulations.
CHAPTER VProcedures of Assessment relating to persons Discontinuing Business
6 (a) Where a person who is liable to pay tax discontinues his business, heshall, within one month from the date of discontinuance, furnish areturn of income to the Township Revenue Officer for the period up to
the date of discontinuance, which remains to be assessed to tax.
(b) Where the Township Revenue Officer finds that a person’s businesshas been discontinued, that person may be served with a notice tofurnish, a return of income. Such notice shall be deemed to be thenotice issued under sub-section (b) of section 17 of the Law.
(c) The Township Revenue Officer shall make the assessment on a person
discontinuing his business in accordance with the provisions of section
19 of the Law.
(d) In making assessment under this regulation the income year shall bedeemed to be the assessment year and the tax shall be levied at the rates
prevailing during that income year.
(e) The other matters relating to the assessment and collection on a person
discontinuing his business shall be made in accordance with theprovisions of the law.
CHAPTER VIAssessment of Persons Receiving Income in Foreign Currency
7. The Ministry of Finance and Revenue of Union Government may,in respect of a person receiving income in foreign currency or a class of
persons receiving income in foreign currency, prescribe that the tax shall be
paid in foreign currency.
8.In respect of total income& the tax liable of taxpayer receipts
income or expenses not only kyats but also receiving foreign or receiving
foreign currency in during relevant that income year.

(a) the exchange at specifies shall be assess the value of exchange tokyats by receipts and expenses of foreign currency . In addition
actual receipts and actual expenses the aforesaid respective amount
kof exchange, add to kyats and then specifies the provision of thisregulations for this tax.
(b) Under sub-section (a) of regulation from computed payableamount only by kyat and payable amount by foreign currency
shall be distribution.
In computed of tax by kyats shall be distribution to payableamount only by kyat payable amount only by foreign currency torevise exchange of foreign currency under sub-section (a)of theregulation .The receipt amount by only kyat and the receipt
amount by foreign currency that is the exchange of kyat shall be
distribution under proportion of that two matters. And then thetax paid for proportion amount of tax by kyats to kyats and the tax
paid for the said foreign currency proportion amount of tax bykyat that is exchange in foreign currency .
(c) the tax assessed under this regulation shall be calculated at theprevailing official rate of exchange. Where the income has been
received in a single occasion in the relevant income year the
calculation shall be made with the official rate of exchange
prevailing on the date of receipt of that income; and where theincome has been received in more than a single occasion, theaverage of the official exchange rates prevailing on the respective
days of receipt shall be determined and the calculation shall bemade at that average rate and then foreign currency exchange to
Myanmar kyats. Carry out relating to the expenses similar matter.
(d) Where a compute of tax under sub-regulation (b) of tax claim inforeign currency shall be determined according to the proportionof tax in foreign currency and that refund in foreign currency shallbe determined according to the foreign currency . The tax in kyat

shall be determined according to the proportion of tax in kyats andthat refund in kyat shall be determined according to the kyat.
(e) Taxpayers pay the foreign currency and kyats based on they
defined foreign currency tax and kyats tax at income-year under
section (16).
(f) The Ministry of Finance and Revenue of Union Government ,may
specifies in respect of a person receiving income in foreign
currency .Notwithstanding ,to computed under the sub-section(b)thereon in foreign currency and pay instead to the originalamount. But ,pay the proportion tax in due thereon in kyats snd
pay the kyats.
(g) the provisions of this regulation shall not apply to the income
received abroad by a non-resident citizen;(h)the other matters relating to the assessment and collection of tax inrespect of persons receiving income in foreign currency shall bemade in accordance with the provisions of the Law. The relation to
the difficult matter, systematic to carry out ,Director General may
issue directions on other necessary matter as they arise.
(i)A person receiving income in foreign currency who notwithstanding
this regulation would not defined under sub-section (f) and thenspecifies payable tax by fixed –rate.

9

CHAPTER VII
Provisional Assessment(a) The Township Revenue Officer may, on receipt of the return ofincome, make a provisional assessment by accepting the said return, or
where the return is accompanied by a statement of accounts, on thebasis of such statement of accounts. The tax already paid under section
16 of the Law shall be deducted from the tax due in the provisional
assessment.
(b) The tax payable under the provisional assessment shall be demanded inaccordance with the provisions of section 53 of the Law. If the assessee

fails to pay that tax it may be recovered in accordance with theprovisions of section 39 and section 40 of the law.
(c) Where provisional assessment is made under this regulation, regularassessment shall be made as soon as possible in accordance with theprovisions of the Law.
(d) No appeal shall lie against the provisional assessment made under this regulation.

CHAPTER VIII
Person qualified to act as an Authorized
Representative of the Assessee
10 (a) Except for those matters which the assessee shall personally perform
according to the requirements of the Law the following persons shallhave the right to act as an authorized representative of the assessee:(i) a relative or an employee of the assessee authorized by him in
writing as his authorized representative;(ii) a Lawyer entitled to plead in any judicial body;(iii) an accountant or an auditor recognized by the Government;(iv) an income-tax practitioner who has any of the qualifications
mentioned below:(aa) the person who has acquired from any Myanmar university or
any foreign university, a Bachelor Degree in Commerce or in
Economics with accountancy or finance as a major subject, or asimilar degree not lower than the said degrees;(bb) the person who has a minimum of 5 years service in the Internal
Revenue Department or any of the revenue departments it has
succeeded, and has acquired the qualifications prescribed by the
person delegated by the Government for this purpose. Provided
that, where there is sufficient reason, the person delegated by
the Director General for this purpose may relax the length ofservice mentioned in this clause;(b)the under mentioned shall not be included in the persons entitledto act as an authorized representative under this regulation;(aa) the person who has been dismissed from any Government
department;(bb) the person who, because of any misconduct has beendisqualified to act an authorized representative by an order
passed by the person delegated by the Director General for thispurpose.
(C)
The person delegated by the Government for the purpose
may pass the order disqualifying any person who is guilty of any
misconduct from acting as an authorized representative of theassessee. Provided that the person concerned shall be given an
opportunity of being heard before such an order is passed.
CHAPTER X
The Place of Assessment
11. (a) The Township Revenue Officer or Regional or State Revenue
Officer or the head of Companies Circle Tax Office shall have thepowers to act on matters contained in the Law concerning the businessand profession located within their specified areas of assignment.
Where the assessee has business or profession in more than one distinctarea, such duties shall be performed by the Township Revenue Officer
or Companies Circle Tax Office of the area in which the principal
place of his business or profession is situate.
(b) Such duties shall be performed, in the case of income under the headproperty, by Township Revenue Officer or Companies Circle Tax
Office to the area in which the property is situated; and in the case ofincome under the head salaries, by Township Revenue Officer orCompanies Circle Tax Office of the area in which the employment issituated.
(c) If Township Revenue Office or Companies Circle Tax Office has
more than one source of income, such duties shall be preformed by the

the Township Revenue Officer to the area in which the principal sourceof income is situated.
(d) Where difficulties exist in practice when carrying out the provisions of
sub-regulation (a),(b),(c) or in other matters, such duty shall be
performed by the Township Revenue Officer or Companies Circle Tax
Office(e) If a dispute arises in respect of the place of assessment, the decision of
Director General for this purpose shall be final. Provided that theassessee shall be given an opportunity of being heard before making
such a decision.
(f) Notwithstanding anything contained in sub-regulation (a),(b),(c),(d)and (e), The Township Revenue Officer or Regional or state
Revenue Officer or the head of Companies Circle Tax Office shall,in respect of any enterprise or assessee, have the powers to carry out all
the matters contained in the Law other than passing an assessment
order or an appellate or order.
CHAPTER X
Procedures relating to person Leaving Myanmar
12. (a) Any person intending to leave the Union of Myanmar temporarily or
for good shall apply in writing to the Township Revenue Officer for theissuance of certificate than he has no liability to pay any income-tax orthat satisfactory arrangement has been made for the payment of theincome-tax he is liable. Where the applicant for the certificate has
never been assessed under the Income-tax Law, the Assessment
Committee shall examine whether he has an assessable income for theincome years for which assessment proceedings may be opened under
the law. Where the reasons to assess for any year are found, assessment
shall be made on him for that year or years.
(b) Where assessment is to be made on the applicant for the certificate,assessment proceedings must be completed. In assessment proceedings
where the return of income has not been furnished, a notice under subsection (b) of section 17 or under section 21 of the Law, as the casemay be, shall be served on the assessee for furnishing the return ofincome within a period not less than seven days.
(c) The total income of the assessee for the period from the expiry of thelast complete income year to the probable date of his departure from
Myanmar shall be estimated and the assessment thereon shall be madeat the rates prescribed for the current financial year. If the probable dateof departure from Myanmar is likely to be beyond the current financial
year, assessments shall be made separately for the current financial year
and for a period from the day commencing next after the end of theprevailing year to the probable date of departure of the assessee from
Myanmar. In doing so, the tax shall be computed at the rates prescribed
for the current assessment year. In order to make the assessment, a
notice under sub-section (b) of section 17 of the Law may be served on
the assessee of furnish the return of income within a period not lessthan seven days.
(d) Where conditions do not exist for the possible completion of all theassessments before the departure from Myanmar of the applicant forcertificate on whom assessment is to be made for making theassessments and the collection of tax which may fall due after his
departure from Myanmar.
(e) The Township Revenue Officer shall issue to the applicant, using theappropriate paragraph, Form ‘A’, addressed to the person authorised forthe issuance of the certificate under sub-section (a) of section 38 of theLaw.
(f) On receipt of Form ‘A’ mentioned in clause (e), the person intending toleave abroad shall submit the said Form ‘A’ attached to Form ‘B’ to theperson delegated for the issuance of the certificate under sub-section (a)of section 38 of the Law. The person authorised for the issuance of thecertificate shall, after scrutiny of the requirements, issue the certificate
in Form ‘C’.

(g) The following persons intending to leave Myanmar are not required toobtain the certificate prescribed under sub-section (a) of section 38 of
the Law;(i) persons under the age of eighteen years;(ii) passengers in transit holding through tickets and passengers holding
return tickets from a place outside Myanmar, provided that the total
period spent in Myanmar does not exceed ninety days;(iii)all classes of diplomats and persons of diplomatic status fromforeign countries accredited to Myanmar, and their spouses;(iv) office staff of the above mentioned diplomats and their spouses(such office staff be the citizens of the country which they represent
and be a full time staff of the Government of that country and not
engaged in other profit gaining enterprises in Myanmar);(v) government servants and representatives of the Foreign
Governments and their spouses arriving in Myanmar in connection
with official business of the said Governments;(vi)personnel of the United Nations and its agencies and their spouses,
who arrive in Myanmar either at the invitation of the Government of
Myanmar or to perform duties assigned to them by the United
Nations;(vii)persons on whom a deportation order has been passed to leave
Myanmar;(h)in cases of difficulty in carrying out the provisions of this regulation,
the procedure for issuing Form ‘C’ may be a person who has beendelegated by the Government for this purpose.
CHAPTER XI
Depreciation Allowance
13. (a) The depreciation allowance deductible under sub-section (b) of section
10 and sub-section (b) of section 11 of the Law in respect of building,machinery, plant, or furniture shall be in accordance with the rates in
the following schedule. The depreciation allowance deductible inrespect of tools, apparatus and appliances or other capital assets notmentioned in this schedule shall, where it is not applicable under subregulation (b), be at the rate of 5 per cent per annum on the original
cost.
Class of Asset
1.

Rate on original cost

Building(a) First class substantial pucca building
constructed with selected materials andreinforced concrete.
(1) factory buildings
3(2) Other buildings
1.5(b) Second class pucca building of lesssubstantial construction.
(1) factory buildings
5(2) Other buildings
2.52.

(c) Wooden building with tile or corrugatediron roofing(1) factory buildings
10(2) Other buildings
5(d) building with bamboo and thatch(Not allowed for insteadbuilding
costofreplacement
willbeallowedasrevenue
expenditure)
Furniture and fittings installed in the building(a) General
5(Not allowed for crockery,glassware,
linen
and
plastic sheets. Cost of
replacement
willbeallowedasrevenue
expenditure.)Class of Asset(b)Furniture and fittings, silverware andkitchen equipment used in hotels, cinemas
and boarding houses.
(c) Musical instruments used in hotels,
theatres and cinemas.
3. Machinery and Plant(General(b) Special rates will be allowed for thefollowing;(a) (i) Rice mills(ii) Flour mills(iii)Oil mills(iv) Coffee mills(v) Aerated water factories(vi) Coffee mills(vii) Black tea factories(viii) Liquor distilleries(ix) Bakery and biscuit factories(x) Noodle, mini-noodle, vermicelli andmohinga noodle-works.
(xi) Grinding mills(xii) Canning works(xiii) Tanneries(xiv) Foot wear factories(xv) Battery works(xvi) Starch factories(xvii)Soap factories(xviii)Candle factories(xix) Rope making factories(xx) Aluminum ware works(xxi) Tin and can making works

Rate on original cost

6.25

10

5
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25

Class of Asset(xxii)Plastic ware plant(xxiii)Saw mills(xxiv)Lime machine(xxv)Electrical appliances factory(xxvi)Quarries(xxvii)Metal smelting plant(xxviii)Lathe works(xxix)Dockyards(xxx)Pea-shelling mills(b) (i) Fatty acid Hydro-generation plants.
(ii) Chemical product factories(iii)Bleaching and dyeing factories(iv) Rubber goods factories(v) Brick manufacturing works(vi) Tile making works(vii) Wire and nail mills(viii) Textile factory(ix) Salt works
4. Machinery equipment(a) Overhead electric cables(b)(i) Electric generators(ii) Electricity transmission machineries.
(iii)Underground electric cables(iv) Electric lifts and elevators(v) Miscellaneous electrical goods(vi) Metal-plating works(vii) Machinery repair and maintenancemachines.
(viii) Printing presses(ix) Air compressor and pneumatic
machinery

Rate on original cost
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
10
10
10
10
10
10
10
10
10
2.5
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25
6.25

Class of Asset(c) Ice-cream making machines(d) Motion picture production andexhibition machines.
(e) X-rayandtherapeutic
electricalapparatus.
5. Waterway transport(a) Non-mechanized vessel constructed withiron.
(b) Mechanized vessel constructed withiron(c) Vessel constructed with timber
6. Road transport vehicles(a) (i) Motor vehicles(ii) Bicycles and trishaw(b) Vehicles for hire, haulage vehicles
passenger cars, non-mechanized vehicles
7. Miscellaneous(a) (i) Office equipment(ii) Weighing machines and apparatus.
(iii) Workshop machines and instruments.
(iv) Garment and headwear production
machines.
(v) Leather and canvas goods makings
machines.
(vi) Refrigeration equipment(vii) Building
construction
works
machines.
(viii)Construction and household ironware
producing machines.
(ix) Mining machinery

Rate on original cost
10
12.5
20

5
6.25
10
12.5
12.5
20

10
10
10
10
10
10
10
10
10

Class of Asset(x) Handlooms

Rate on original cost
10(b)(i) Sugar cane juice extracting machines.
(ii) Surgical instruments(c)(i) Mechanized farming machinery.
(ii) Winches

12.5
12.5
20
20

8. Other concerned Work General(i) airplane

16(ii) Digital calculator

10(iii) Belongings of the movie star and the20

drama star(iv)Transistor and loudspeaker

10(v)Washing bottle machine10(vi) Box paper machine

7.5(vii) Liquor distilleries

5(viii)Camera and photo(ix)

graphic

Cement factories

107.5(x) Chemistry apparatus factory

7.5(xi)Instruments of Computer Systematic20(xii)Cotton Grinding machine

7.5(xiii)Milk boiling machine10(xiv)Copier and mime graph10

Class of Asset(xv) Iron melting Machine

Rate on original cost5(xvi) Glass Factory

7.5(xvii)Insecticide Production Machine

12.5(xviii) Sweater making

7.5

Instrument(xix)Washing and Dye enterprise- General use Instrument

10- Washing Machine

15(xx) Match factories

5(xxi)Earth–Oil companies-Machine and accessories

5- pipeline

5(xxii)

drillings rigs

20(xxiii) Digging oil dias
-Geology, physics Discoveries

10

instruments-Scitesamit
Discoveries instruments- Other Discoveries instruments(xxii) Machine of Oxygen
and acetalin production

10
5Class of Asset(xxiii) Machine watt,

Rate on original cost
7.5

vanish production(xxiv)Meat (chicken, duck)

7.5

production machine(xxv) Sewing machine

10(xxvi) watt machine

10(xxvii) Sugar mills

7.5(xxviii)Tarporelin (plastic)

15(xxix) Television-Sky electric cable

2.5- Other implements

15- Line10(a) General15(b) Hired Land

10(xxx) Tiles Factories

10(xxxi)

Typewriters

10(xxxii)Umbrella Factories

10(xxxiii)

Cleaning machine(xxxiv)-Video20-Games machines

20- Other Video machines

10(xxxv) Washing Clothes machines15

And then relating to the new building and equipments, relating to themachines collect to the following initial deposit for that year.
(1) 15% of original cost of building(2) 20% of original cost of equipments(b) In computing the total income within and without Myanmar under subrule (b) of rule 10, the depreciation allowance, if it is not contained in theschedule under sub-rule (a), may be granted as it is allowed in the country
in which the control and management of that enterprise is situate.
(c) (i) The aggregate of the depreciation allowances granted in respect of therelevant asset shall not exceed the original cost incurred by theassessee.
(ii) When the assessee lets on hire machinery belonging to him and alsobuildings, and the letting of the building is inseparable from the lettingof the said machinery, the depreciation allowance in respect of suchbuilding is deductible.
(iii)Notwithstanding that the assets are not used for the whole of theincome year the assessee is entitled to full depreciation allowance forthat year.
(iv) Where there had been transfer of assets during the income year, theassessee who last owned and used the assets shall be entitled to the said
allowance.
(v) The assessee shall claim depreciation allowance under this regulation
by furnishing the particulars in the prescribed form.
CHAPTER XII
Procedures for Deduction and payment at the time Income is Received
14. (a) In deducting Income-tax under sub-section (d)and (e) of section 16 of theLaw, deduction shall be made at the rates prescribed for the assessments
relevant to the year of deduction.
(b) All the amount deducted under sub-section (d) and (e) of section 16 of the
Law shall be credited to the Government on the same day when the
deduction is made if the deduction is made by the administrative officer ofa assessment of Government Department, or within seven days from thedate of deduction if deducted by other persons.
Provided that Director of General for this purpose may permit othermeans of payment if necessary.
(c) Where the deduction is made under sub-section (d) and (e) of section 16 of
the Law, the particulars in respect of the amounts deducted shall befurnished within seven day from the date of deduction.
(d) The persons who are responsible for furnishing the annual statement ofsalaries under section 18 of the Law are as follows;(i) the heads of relevant office in the case of Government economics
enterprise; Factory ,Department(ii) the owner of the relevant enterprise in the case of individually
owned enterprises;(iii) a member of an association of persons responsible for the
management in the case of an association of persons;(iv) the president or the secretary of the relevant co-operative society inthe case of such societies;(v) the general manager, or manager if there is no appointment of a generalmanager, in the case of company.

15
16
17

CHAPTER XIII
General
Director General specifies the forms for carry out with the provisionof the Law and regulations.
In computing the total tax, compute between 50 pyas and 1 kyats but
not compute less than tax of 50 pyas.
This regulations shall be cancelled to 28 February 1974 of regulations.

Convenience translation - for further information,please contact info@pwplegal.com

THE FOREIGN EXCHANGE MANAGEMANT LAW(10 August 2012)
Pyihtaungsu Hluttaw Law No. 12/2012
8th Waning of Second Waso 1374 M.E.

Introduction
In order to be better manage and support the development of the country's economy and to broaden
cooperation with the foreign economies, the Pyihtaungsu Hluttaw hereby enacts the following law.
Chapter (1)Title and Definitions
1. This law shall be called as the Foreign Exchange Management Law.
2. The following expressions contained in this Law shall have the meanings given hereunder:(a) State means the Republic of the Union of Myanmar.
(b) Foreign currency includes foreign currency such as coins, currency notes, postal orders,cheques, letters of credit, money orders, traveler's cheques, bills of exchange, and promissory
notes.
(c) Foreign exchange includes:- foreign currency;- all instruments concerning payment in foreign currency or payment abroad;- deposits in intergovernmental financial institutions, central banks, treasuries andcommercial banks abroad;- foreign currency accounts in local banks;- securities in foreign currency and instruments issued or guaranteed by foreign
governments, foreign financial institutions and intergovernmental financial institutions.
(d) Person means any individual, corporation, statutory body, institution, cooperative society,partnership and any other body, organization, association or group of persons, incorporated orunincorporated.
(e) Person resident in the country means:- Individuals having been physically present or having had their main residence in the
country for at least 183 days during the preceding 12 months, with the exception of
diplomatic personnel;-1-Convenience translation - for further information,please contact info@pwplegal.com-

Companies incorporated in the country or domestically registered branches of foreigncompanies;- Myanmar civil servants on diplomatic missions or other assignment abroad.
(f) Non-resident person means a person outside the scope of subsection (e).
(g) Central Bank means the Central Bank of the Myanmar.
(h) Foreign exchange licensee means a person authorized by the Central Bank to perform foreignexchange operations: accepting, exchanging, buying, selling, transferring and making payments
locally and abroad. Licensed money changers and authorized dealers are included in thisdefinition.
(i) Licensed money changer means a dealer authorized by the Central Bank to perform foreignexchange operations on the basis of cash and traveler cheques.
(j) Authorized dealer means a bank authorized by the Central Bank to engage in “foreign banking”
including performing foreign exchange transactions.
(k) Securities means- Treasury bills, treasury bonds and debentures issued or undertaken to be issued by thegovernment or its institutions;- Treasury bills, treasury and other bonds, debentures issued by international institutions
or foreign governments;- Shares, stocks, bonds and debentures issued by public companies;- Rights is respect of shares, stocks, bonds and debentures.
(l) Ordinary transaction means payments for other purposes than the transfer of capital such as:- Payments to be made in connection with foreign trade, other ongoing businessincluding services, ordinary short-term banking and credit facilities;- Payments to be made as interest on loans and as net income from other investments;- Payments in a reasonable amount to amortize loans and depreciate direct investment;- Reasonable remittance for family expenses.
(m) Capital transaction means payments other than payments defined in sub-clause (l) for the
purpose of transferring capital.

Chapter (2)Rights and obligations of the Central Bank
3. The Central Bank shall:(a) issue the foreign exchange management policies;(b) announce the daily reference rate on the basis of the market exchange rate.

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4.
(a) The government may announce a “foreign exchange emergency period” not exceeding 3
months. The government may announce additional foreign exchange emergency periods
once at a time; none of these periods shall exceed 3 months.
(b) The Central Bank may limit the activities of licensed money changers and authorized dealers
during this period.
5. The Central Bank shall support the systematic and smooth running of the inter-bank monetary
market and may engage in the trading of foreign exchange.

Chapter (3)Foreign Exchange Activities
6.

Foreign Exchange activities covered by this law are as follow:(a)Payments in foreign currency within the country;(b)Other payments made in foreign exchange within the country;(c)International payments and transfers of foreign exchange;(d)Purchase and sale of foreign currency within the country;

7.
Foreign cash and other payment instruments can only be transferred between Myanmar andother countries according to the regulations issued by the Central Bank.
8.

Other transfers may only be made through a foreign exchange licensee.

9.
Only authorized dealers may trade in foreign exchange. Licensed money changers may only buy
and sell foreign cash and traveler cheques.

Chapter (4)Holding/opening account/use of foreign currency
10.
Persons resident in the country may hold a specified amount of foreign currency in accordancewith the law. They may exchange their foreign currency through a foreign exchange licensee at market
price.
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11.
Any person who is holding foreign currency shall deposit their foreign currency only in accounts
with an authorized dealer
12.
Any person resident in the country shall transfer all of their foreign currency, earned outside thecountry, into the country according to the regulations of the Central Bank and deposit the amounts in an
account with an authorized dealer.
13.
Any person resident in the country or resident outside the country may sell their foreignexchange to an authorized dealer and use kyats to repurchase foreign exchange.
14.

Residents can open a bank account abroad and use the funds in it for the following purposes:a. For transportation by land, water and air; insurance; tourism; labour export; contracting a
construction project abroad;b. For settlement of foreign debt;
c. In order to open a branch office abroad and to operate foreign currency services abroad if
approved by the relevant authorities;
d. For other purposes as the approved by relevant government departments or the Central
Bank.

15.
Those who have a foreign bank account according to the above Sec. 14, shall file reports with
the Central Bank.
16.
Local economic enterprises who have the foreign bank account outside the country shall report
the information regarding the administration of their foreign exchange.

Chapter (5)International Transactions by KYAT
17.
International payments and transactions in kyats, payment and other settlement shall do only
according to the regulations issued by the Central Bank.
Chapter (6)Foreign Exchange Licensees and Authorized Dealers18.

Foreign exchange licensees shall:(a)carry out only the activities listed in the license;-4-

Convenience translation - for further information,please contact info@pwplegal.com(b)

be in compliance with this law; money laundry control law; and other relevant
foreign exchange laws.

19.
Authorized dealers may lend foreign exchange to citizens only within the regulations issued by
the Central Bank.
20.
Authorized dealers can receive deposits in foreign exchange from the public only within theregulations issued by the Central Bank.
21.
Authorized dealers can trade foreign exchange in the inter-bank market and buy and sell foreignexchange from and to the public only within the regulations issued by the Central Bank.
22.

License holders shall follow all rules and regulations of this law.

Chapter (7)Bringing/taking foreign exchange and jewelry into/out of the country
23.
Persons resident in the country and outside the country may bring foreign exchange and jewelry
for personal use into and out of the country according to the regulations issued by the Central Bank.

Chapter (8)Transactions of ordinary account24.
There shall be no impediment, neither directly nor indirectly, on payments and other transfersfor ordinary transactions from abroad into the country.
25.
There shall be no impediment, neither directly nor indirectly, on payments and other transfersfor ordinary transactions from inside the country to countries abroad.

Chapter (9)Transactions of large amount account26.
The Central Bank shall check all incoming foreign investment in order to have a reference foroutward payments aimed at repatriating the principal, interests, profits and dividends.

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27.
Foreign investors declare the funds brought into the country together with documentary
evidence to the Central Bank. Failure to do so may result in an inability to repatriate the funds.
28.
Foreign investors can transfer their fund back to their countries or to third country after thetermination of investment period according to the existing rules issued by the Central Bank.
29.
A person resident in the country may invest outside of the country only according to theregulations issued by the Central Bank.
30.
The Central Bank may issue regulations aimed at limiting capital transactions. However, no limits
shall apply to the following:(a) payback of the principal of loans which the Union Government has allowed;(b) aid given to foreign which the Union Government has allowed;(c) investment in foreign country which the Union Government has allowed.
31.
Nothing in this law shall repeal, or make exception, of the Foreign Investment Law. The Foreign
Investment Law takes precedence in case of inconsistencies.

Chapter (10)Management Power of the Central Bank
32.

Central Bank shall:a. Issue licenses; reject license applications and withdraw licenses of foreign exchangelicensees;b. Controlling and monitoring the foreign exchange licensees;c. provide regulations in order to limit foreign exchange amounts held by foreign exchangelicensees;d. provide regulations in order to limit the net amounts in a single currency or multiple
currencies held by foreign exchange licensees, limit the amount of foreign debt, and inorder to stipulate other requirements;-6-

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33.
The Central Bank has the right to collect all necessary data from the foreign exchange licensees.
The staff of the Central Bank and other designated qualified persons may inspect the accounts, books,
documents and other records of the foreign exchange licensees.
34.

Central Bank may withdraw a foreign exchange license if:(a) the applicant provided wrong information regarding the experience or integrity of officers,
directors and main shareholders, or if there were other irregularities in the application;(b) the license holder itself applied for the withdrawal of the license;(c) there was failure on the part of the license holder to follow the rules, regulations, notifications,orders, instructions and procedures;(d) the license holder failed to follow Section 22, and the prohibitions under Sections 39 and 40.
(e) the license holder was punished for money laundering; tax fraud or other money-related
offenses;(f) the Central Bank finds that the license holder is likely to be unable to fulfill its duties towards its
customers or pay them, or that its losses have wiped out, or are likely to wipe out, its assets.

35.
The Central Bank may impose the following penalties on foreign exchange licensees for violationof any provisions of chapter 6:(a) Warning;(b) Limiting the operations;(c) Fine;(d) Permanent or temporary discharge from duty of the responsible officer or staff;(e) Withdrawal of the license.
36.

Any decision made under Section 35 may be appealed with the Supreme Court.

37.
The imposition of administrative penalties under this law shall not preclude criminal or civil
actions.

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Chapter (11)Restrictions
38.

No person can engage in foreign exchange activities without a license.

39.
License holders shall not engage in foreign exchange activities that are not stipulated in thelicense issued by the Central Bank.
40.

41.
law.

License holder shall:(c)report to the Central Bank any information upon request;(d)

not disturb the auditing process done by the Central Bank.

No license holder shall violate the rules; regulations; orders and notifications issued under this

Chapter (12)Offence and Penalty
42.
Any person violating Article 38 shall be subject to up to three years imprisonment, or a fine, orboth. Furthermore, the assets may be confiscated.
43.
Any foreign exchange licensee violating Article 39 shall be subject to up to three years
imprisonment, or a fine, or both. Furthermore, the assets may be confiscated.
44.
Any foreign exchange licensee violating Article 40 or 41 shall be subject to up to one year
imprisonment, or a fine, or both.

Chapter (13)Miscellaneous
45.

Before taking legal actions under this Law, approval from the Central Bank must be obtained.

46.

Offences prosecuted under this Law are prescribed as cognizable offences.

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47.
Any rule, notification, directive, order or notice made or issued under the Foreign Exchange
Regulation Act, 1947 (hereby repealed) shall, in so far as it is not inconsistent with the provisions of thisAct, be deemed to have been issued under the corresponding provisions of this Act;48.
Any person implementing this law, discharging his assigned duties in good faith, shall not be
subject to legal actions in a criminal or civil suit.
49.

50.

While the Central Bank implementing this law, it shall:(a)issues the necessary rules and regulations;(b)

notifications, order, instruction and procedures.

The Foreign Exchange Regulation Act, 1947 is hereby repealed by this Law.

I hereby sign this law under the Constitution of the Republic of the Union of Myanmar.
Sd.
Thein Sein
President
The Republic of the Union of Myanmar-9-The Export and Import Law(The Pyidaungsu Hluttaw Law No. 17/2012)
The 6th Waning Day of Wagaung, 1374 M.E.
(7th September, 2012)
The Pyidaungsu Hluttaw hereby enacts this Law.

Chapter 1
Title and Definition
1. This Law shall be called the Export and Import Law.
2. The following expressions contained in this Law shall have the meaning given
hereunder:(a)State means the Republic of the Union of Myanmar.

(b)

Export means export any goods out of the State by land, sea, air or any
other means;(c)

Import means import any goods into the state by land, sea, air or any othermeans;(d)Export and Import goods means any goods or any technology exporting outof the importing into the State by land, sea, air or any other means;(e)License means permit issued by the Ministry to export or import any goods;(f)Trade Station means any region, camp office or any other place in local orabroad specified enabling to carry out the matters relating to export and import
officially;(g)

Ministry means Ministry of Commerce of the Union Government;(h)Minister means Union Minister of Ministry of Commerce.

Chapter II
Objectives
3. The objectives of this Law are as follows:-

(a)to enable to implement the economic principles of the State successflully;(b)

to enable to lay down the policies relating to export and import that support
the development of the State;(c)to cause the policies relating to export and import of the State and activities
are to be in conformity with the international trade standards;(d)to cause to be streamlined and speedy in carrying out the matters relating toexport and import.

Chapter III
Supervising and Administering in respect of the Matters of Export and Import
4. The Ministry may carry out the followings in respect of the matters of export andimport:(a)determining the category and criteria of export and import goods;(b)determining the restricted goods, prohibited goods and banned goods forexport and import;(c)determining the method to be exported and imported goods and othernecessary conditions;(d)issuing permit and determining conditions relating to permit for export andimport goods;(e)determining regulation, by-law and procedures to the relevant places suchas harbor, airport, bus terminal where the goods to be exported and imported;(f)carrying out other necessary matters relating to export and import.

Chapter IV
Prohibitions
5. No person shall export or import restricted, prohibited and banned goods.
6. Without obtaining license, no person shall export or import the specified goods
which is to obtain permission.

7. A person who obtained any license shall not violate the conditions contained in thelicense.

Chapter V
Offences and Penalties
8. Whoever violates the prohibition contained in section 5 or section 6, on conviction,
shall be punished with imprisonment for a term not exceeding three years or withfine or with both.
9. A person who obtained any permit violates the prohibition contained in section 7,
on conviction, shall be punished with imprisonment for a term not exceeding three
years or with fine or with both.
10. A person attempts to commit or abets in the commission of any offence containedin this Law shall be punished in the same manner as if he had been committed suchoffence and the exhibits shall also be confiscated.

Chapter VI
Miscellaneous
11. The Union Government shall lay down the policies relating to export and import. In
order to be able to implement such policies and cause to be streamlined the mattersrelating to export and import, the Union Government shall coordinate to cooperatewith the Union Ministries, the Region or State Governments, Leading bodies of Selfadministered Division or Self-administered Zone.
12. Taking action under this Law shall not preclude taking action under the Sea Customs
Act.
13. In implementation of the provisions contained in this Law(a)The Ministry may, with the approval of the Union Government, issue, rules,
regulations and by-laws as necessary;(b)

The Ministry may issue notifications, orders, directives and procedures.

14. The procedures, regulations, by-laws, notifications, orders, directives issued under
the Control of Imports and Exports (Temporary) Act, 1947 may be applied in so far
as they are not contrary to this Law.

15. The Control of Imports and Exports (Temporary) Act, 1947 is repealed by this Law.

I hereby sign under the Constitution of the Republic of the Union of Myanmar.

(Sd.) Thein Sein
President of the Union
The Republic of the Union of Myanmar

Government of the Republic of the Union of Myanmar
Ministry of Finance and Revenue
Minister’ s Office
Notification No.102/2012
The 8th Waning of Tabaung 1373 M.E, Naypyitaw(15th March 2012)
The Ministry of Finance and Revenue with theapproval of the Union Government, notifies the following
Rules under the Income-Tax Law Section 51, subsection (a).
CHAPTER I
Title, Application and Definitions
1. (a)
These Rules shall be called the Income-tax Rules.
(b)
These Rules shall commence from the 2012-2013
financial year.
2. The expressions in these Rules shall have the same meaning in
the Income-Tax Law and ‘Law’ has the meaning as defined in
the Income-Tax Law.
CHAPTER II
Relief for Spouse and Children
3. (a) The expression spouse in sub-clause (2)(bb) of subsection (c) of section 6 of the Law means the spouse livingwith the person or maintained by the person at any timewithin the income year. Provided that the spouse shall not, on
his or her own, earn an assessable income within that incomeyear.
(b) The expression children in sub-clause 2(bb)of sub-section(c) of section 6 of the Law means a person’ s own children,
step children, and children adopted in accordance with the
Law who are maintained by the person at any time within
the year and who fulfil all the undermentioned conditions:-

The expression ‘‘receiving educational
instruction” means receiving fulltime instruction at any
school, university, college, or any educational establishment,or serving an apprenticeship under articles to qualify in a
profession.

Explanation -(c) In allowing the reliefs under section 6 of the Law, if
there is more than one source of income, the relief shall be
set-off in stages starting with the income at the lowest
income-tax rate and then on to income at higher incometax rates.
CHAPTER III
Exemption and Relief for Savings
4. (a) For the purpose of clause (iii) of sub-section (a) of section 5of the Law a receipt in respect of savings means any interest
from savings from state banks and interest from savings
certificates under the savings bank law.
(b) Contributions towards savings fund entitled to relief under
sub-clause (2)(dd)of sub-section (c)of section 6 of the Law
shall mean contributions toward a social security fund.
CHAPTER IV
Computation and Assessment of Capital Gains
5. (a) If any person sells, exchanges or transfers by any othermeans one or more capital assets and during the year of thetransaction the total value thereof is of an assessable amountand if profits have arisen therefrom, he shall file a return ofincome to the Township Revenue Officer within one monthfrom the date of the sale, exchange or transfers of thecapital assets concerned.
Explanation – The date of the sale, exchange or transfer ofcapital assets means the date of the execution of the deedof the sale, exchange or transfer and the date of thedelivery of the assets, whichever is the earlier.
(b) If the Township Revenue Officer is of the opinion that any
person is liable to pay tax in respect of capital gains, he may
send a notice to that person to file a return of income for thegains.
(c) Assessment of the tax shall be made in the respective
income year on the person who received capital gains. In
making the assessment, the tax shall be computed anddemanded at the rates of tax existing in that income year.
In determining the capital gains, the following shall be
deducted from the full value of the sale, exchange ortransfer of the capital asset concerned: (i)the net value, remaining after deducting thetotal depreciation allowed under the Law from the sum totalof the original cost to the assessee and any capital
expenditure actually incurred by the person for making any
addition thereto;(ii) expenditure incurred in the procurement of thecapital asset and in the sale, exchange or transfer of thesame.
(d) If the original cost actually incurred in the procurement of
the asset by the assessee cannot be ascertained or if theasset is acquired by inheritance or by way of a gift, themarket value prevailing at the time of acquiring the asset
shall be deemed to be the original cost to the assessee.
(e) Where any capital asset became the property of theassessee before 1st April 1997, the original cost under clause(1) of sub-rule (c) or original cost under sub-rule (d) shall bedeemed to be the market value of the asset prevailing onthat date. Provided that only expenditure incurred ordepreciation allowed after that date shall be included in thecomputation under clause (1) of sub-rule(c).
(f) Where the Township Revenue officer is of the opinion thatthe value stated by the assessee in respect of the sale,exchange or transfer of the capital asset is, without sufficientreason, less than the market value prevailing at the time of
the transaction, he shall substitute the value for theprevailing market value.
(g)Where the assessment is not completed within the income
year under this Rule, the assessment may be made on therelevant assessee in accordance with the provisions of theLaw, as if it were not applicable under sub-rule (c)(h) In the case of assessment or re-assessment of capital gains
under sub-section (b) of section 21 of the Income-tax Law,
and where the deed of sale, exchange or transfer of thecapital asset concerned has been registered under theRegistration Act, the period of limitation shall be reckoned
from the date of the registration of the deed.
CHAPTER V
Procedure for Assessment of undisclosed sources of income
6. In respect of any immovable property or movable property
including money for which the person concerned is unable
to accurately account as to how he has acquired theproperty, for the purposes of determination of income andassessment thereon under section 14, the year of disclosureof the property or the money shall be deemed to be theincome year in respect of the value of that property or themoney. The property or the money and all the expenditure
incurred in acquiring the property shall be deemed to be
the income of that year and assessed accordingly.

Explanation- the year of disclosure means:(a) in the case of property, if acquired by purchase, the year ofpurchase, or if constructed and completed in a year’s timethat particular year. Provided that, if it is in the course of
construction the relevant years of construction;(b) in the case of money, the year the money is found to exist or
the year by evidence the money was received, whichever isthe earlier.
CHAPTER VI
Income Year to be Assessment Year
7. If the order under section 29 of the Law to the effect that theincome year shall be the assessment year in respect of any
class of assessees is issued, the assessment may, in theabsence of any specific provision in the order be made as
follows:(a) the Township Revenue Officer may send a notice to theperson belonging to those class of assessees to estimate his
total income received from all sources in that assessment
year and to file the return of income. The notice shall bedeemed to be the notice issued under sub-section (b) ofsection 17 of this Law;(b) a person who has already filed a return of income or who
has been served with the notice under sub-rule (a) may be
notified to produce or cause to produce supporting
evidence in respect of the total income that may accrue orarise in that year. The notice shall be deemed to be thenotice issued under sub-section (b) of section 19 of the Law;(c) after having examined and heard the supporting evidenceby the assessee or the other evidence as required by the
Township Revenue Officer, on the day specified in the noticeissued under sub-rule (b) or, on the basis of available
evidence, assess income-tax on the assessee’s total income.
In making the an assessment computation and demand shallbe made in accordance with the rates of that assessment
year.
Provided that, where there is failure to comply with theconditions contained in the notice under sub-rule (a) or (b),the Township Revenue Officer, after obtaining all available
evidence, shall assess on the basis of the evidence;(d) no further assessment shall be made on account of thechange of the assessment year in respect of the total
income of the assessee on whom assessment has been
made under this Rule;(e) if the person on whom assessment has been made under thisrule produces within the year that follows the assessment
year, reliable evidence that the income determined for the
reliable evidence that the income determined for the
relevant assessment year is incorrect or where the Township
Revenue Officer finds the reliable evidence, the Township
Revenue Officer may amend the assessment. If theamended assessment is made, the period of limitation under
this Law shall be computed based only on that amended
assessment.
Explanation - If necessary, the Ministry of Finance andRevenue of the Union Government may, by notification
under section 7 of the Law, confer on a person the powers of
the Township Revenue Officer under this rule.

CHAPTER VII
Assessment in the Income year
8. If the order under section 29 of the Law to the effect that anassessment may be made in respect of any income in theincome year is issued, in the absence of specific provisions in
the order, the Township Revenue Officer may make theassessment as follows:(a) the Township revenue officer may send a notice to theperson receiving income to estimate that income received
in the relevant income year and to file the return of income.
The notice shall be deemed to be the notice issued undersub-section (b) of section 17 of the Law;(b) a person who has already filed the return of income or who
has been notified under sub-rule (a), may be served with a
notice to produce or cause to produce supporting evidence
in respect of income that may accrue or arise in that year.
The notice shall be deemed to be a notice served undersub-section (b) of section 19 of the Law;(c) after examining and hearing the supporting evidence
produced by the assessee, or other evidence as required by
the Township Revenue Officer, on the day specified in thenotice issued under sub-rule (b) or as soon as possible, theTownship Revenue Officer shall, on the basis of available
evidence, assess income-tax on the assessee’ s income. In
making the assessment, the tax shall be computed anddemanded in accordance with rates relevant for theassessment year. Provided that on failure to comply with theterms of the notice issued under sub-rule (a) or (b), theTownship Revenue Officer using available evidence, shallmake an assessment on the basis of that evidence;(d) the specific assessment made under this rule in respect ofany class of income shall be deemed to be the advanceassessment for the income. The total income of the assessee
including the above-mentioned income, shall be
subsequently assessed in accordance with the Law. In
making the subsequent assessment, the tax paid in theadvance assessment shall be credited:(e) the decisions made in the advance assessment under thisrule, may be altered as necessary in the subsequentassessment made under sub-rule (d);(f) where the assessment is not completed in the income year
under this rule the assessment may be made on the relevant
assessee in accordance with the provisions of the Law as if itwere not applicable under section 29 of the Law.
Explanation - If necessary, the Ministry of Finance andRevenue of the Union Government may, by notification
under section 7 of the Law, confer on a person the powers of
the Township Revenue Officer under this rule.
CHAPTER VIII
Assessment of Non-resident Citizens
9. (a) Assessment of income-tax on a non-resident citizen under
section 30 of the Law shall be made in accordance with theprovisions prescribed under this rule.
(b) (i) The total income of a non-resident citizen for any
income year under sub-section (n) of section 3 of the Law
includes total income within Myanmar and total foreign
income.
(ii) The total income within Myanmar of a nonresident citizen means all income received by him in Myanmar
within that year.
(iii) The total foreign income of a non-resident
citizen means all income received by him outside Myanmar
within that year.

Provided that the total income of a non-resident citizen shallnot include income exempt under any law.
(c) In assessing the income-tax of a non-resident citizen, his
total income within Myanmar and his total foreign income
shall be computed and determined separately. Based onthese determinations, the tax on the total income within
Myanmar and the tax on the total foreign income shall becomputed separately. The non-resident citizen is liable topay income-tax equal to the total of both the taxes.
(d) The assessment and collection of income-tax on the total
income, within Myanmar of a non-resident citizen shall be inaccordance with the relevant provisions of the Law and theincome-tax payable shall be computed in accordance withthe rates specified by notification of the Ministry of Financeand Revenue, with the approval of the Union Government.
(e) (i) In computing the total foreign income of a non-resident
citizen, the computation shall be made under the heads
provided in section 8 of the Law and shall be in accordancewith the provisions of the Law. Provided that in computing
the total foreign income of a non-resident citizen, reliefs
allowed under section 6 of the Law shall not apply.
(ii) The rate of income-tax applicable to the total foreign
income of a non-resident citizen may be prescribed by
notification of the Ministry of Finance and Revenue of theUnion Government, with the approval of the Union
Government.
(f) If a non-resident citizen receives any income outside
Myanmar within any year, the total foreign income in thatyear shall be estimated and the income-tax liable thereon
shall be paid in that year according to the procedure laid
down by the person delegated by the Ministry of Financeand Revenue of the Union Government for this purpose. Inmaking the payment, the assessee may, at his own
convenience, do so by instalments from time to time without
extending the period beyond the respective income year.
(g)The sum paid according to the provisions of sub-rule (f) or
the sum recovered as a result of the combined use of theprovisions laid down in sub-rule (f) and (n) shall be deemed,
under the provision of sub-rule (i), to be income-tax paid inrespect of an income-tax assessment of that respective
year. The income-tax so paid shall be credited in therespective assessment.
(h) (i) If a non-resident citizen earns income outside Myanmar
within the income year, he shall file a return of income on his
total foreign income to the Township Revenue Officer within
three months after the end of that year according to theprocedure laid down by the person delegated by the
Ministry of Finance and Revenue of the Union Government
for this purpose.
(ii) If it is considered that a non-resident citizen has income
outside Myanmar, the Township Revenue Officer may senda notice requiring him to file a return of income in respect of
his total foreign income in the prescribed manner.
If an assessment or re-assessment is to be made in respect offoreign income earned abroad which is included in the classof income for assessment or re-assessment under section 21of the Law; it shall be made only in accordance with section
21 of the Law.
(i) The Township Revenue Officer, or the person delegated by
the Ministry of Finance and Revenue of the Union
Government, on receipt of the return of total foreign income
under sub-rule (h) shall, as soon as possible, assess the total
foreign income of the relevant non-resident citizen. Before
assessing the non-resident citizen’s total foreign income, theTownship Revenue Officer may call for from anyone with
documentary supporting evidence that is deemednecessary for the Township Revenue Officer to make adecision. If a non-resident citizen fails to file a return ofincome as required under sub-rule (h), the Township
Revenue Officer shall make an assessment on the income
based on any available evidence.
(j) When income-tax is payable under sub-rule (i), the Township
Revenue Officer shall send a notice of demand, in
accordance with section 53 of the Law, upon the person
liable to pay the income tax. That notice of demand shall bedeemed to be a notice of demand under section 53.
(k) The assessee who is liable to pay income-tax on the total
foreign income shall pay only in the foreign currency
included in that total foreign income.
(l) If a refund is found to be due to a person to whom incometax is assessed under sub-rule (i), that refund shall be set-off
against the income-tax payable under sub-rule (f). Provided
that if, within one year after that assessment has been madeunder sub-rule (f) on the ground that there has been no
foreign income, the refund due to him shall be made in that
foreign currency.
(m) In order to collect income-tax on the total foreign income
payable by a citizen under this rule, before his departurefrom Myanmar , the person to whom the powers aredelegated by the Ministry of Finance and Revenue of theUnion Government; for this purpose shall have the right tomake appropriate arrangements.
(n) (1) If any person to whom these rules apply, fails to pay
the income-tax in accordance with the rules, the person
shall be deemed to be a defaulter under section 39 of theLaw.

(2) In making the recovery of tax from a defaulter under subclause (1), of this rule, the duties are delegated by the
Ministry of Finance and Revenue of the Union Government
for this purpose shall have the right to decide the currency
with which to make the recovery.
(o) In computing the total foreign income and the tax thereon,
it shall be computed in kyats equivalent to the foreign
currency concerned. In calculating the kyat equivalent ofthat foreign currency, the exchange rates of the foreign
currency is determined as prescribed by the Ministry of
Finance and Revenue of the Union Government.
(p) The person to whom the duties are assigned by theGovernment may, by notification, prescribe detailed
requirements for carrying out the matters provided in theserules.
CHAPTER IX
Assessment of Non-resident Foreigners
10 If the Township Revenue Officer considers that a nonresident foreigner’ s income under section 26 of the Law
cannot be definitely known, the Township Revenue Officer
may compute the income for income-tax assessment by oneof the methods mentioned below:(a) by computing at a rate considered reasonable by the
Township Revenue Officer on the gross receipt of that
person under section 26 of the Law;(b)by computing the income within Myanmar by using thefollowing formula:Income within Myanmar=
incomewithinwithout Myanmar

Total
Receipts withinxand Myanmar
without
MyanmarReceipts within and without
MyanmarRemarks - The total income within and without Myanmar inthis sub-rule (b) means the total income computed anddetermined in accordance with the provisions of the Law.
(c) if it is impracticable to compute the income under sub-rule(a) or (b), then computation may be by any method
deemed reasonable to the person to whom duties are
assigned by the Ministry of Finance and Revenue of Union
Government for this purpose.

CHAPTER X
Assessment of certain classes of shipping
11. (a) If a ship, owned by a non-resident foreigner or chartered bythat person, , departs from a port in Myanmar, income-tax
shall be paid on the income derived from each trip.
(b) 5 per cent of the total transportation charges earned by theship on account of the carriage of passengers, livestock or
goods shipped at the Myanmar port shall be deemed to be
the income for the purpose of assessment of income-tax.
(c) The income deemed received in accordance with theprovisions of sub-rule (b) shall be assessed to income-tax at
the rates applicable to non-resident foreigners as notified by
the Ministry of Finance and Revenue with the approval of theUnion Government.
(d) Before the departure of a ship from a Myanmar port the
Master of the ship shall estimate income in accordance withthe provisions of sub-rule (b) and file the return of income. On

filing the return the income-tax shall be assessed andcollected provisionally on the income stated in the return.
Provided that if there is an agent within Myanmar
representing the owner or the charterer of the shipconcerned, the agent may file the return of income asprovided in the sub-rule and the tax paid before thedeparture of the ship.
(e) When the ship concerned is ready to depart from the
Myanmar port, the Master of the ship shall file a fresh returnof income computed on the actual receipt of income asprovided in the sub-rule (b). The new return shall beaccompanied by supporting documents. These shall be
examined and the income-tax assessed accordingly by therelevant Township Revenue Officer.
Provided that if there is an agent within Myanmar
representing the owner or the charterer of the respective
ship, the agent may file the new return as provided in subrule (b) within seven days of the departure of the ship from
the Myanmar port.
(f) If there is no agent within Myanmar to represent the owneror the charterer of the ship, assessment shall be made asprovided in sub-rule(e) and on payment of the full amount oftax, the person authorized to grant port-clearance to ships
shall be informed by the Township Revenue Officer in writing
to issue the clearance certificate for departure from the
Myanmar port.
(g) If there is an agent within Myanmar representing theowner or the charterer of the ship concerned, the provisional
assessment shall be made under sub-rule (d) and on
payment of the full amount of the tax, and using procedures
described in sub rule (f) the ship may depart from the
Myanmar port.

CHAPTER XIGENERAL
12. These Rules repeal the Income-Tax Rules notified on 25th
February, 1974.

The Environmental Conservation Law
The Pyidaungsu Hluttaw Law No. 9 / 2012
The 8th Waxing Day of Tagu, 1373 M. E.
(30th March, 2012)

The Pyidaungsu Hluttaw hereby enacts this Law:
Chapter I
Title and Definition
1.

This Law shall be called the Environmental Conservation Law.

2.

The following expressions contained in this Law shall have the meanings given
hereunder:(a)Environment means the physical factors in the human environment,
including land, water, atmosphere, climate, sound, odour, taste, thebiological factors of various animals and plants and historical, cultural,social and aesthetic factors;(b)Environmental Quality means the balance of nature including man madeobjects and also animals, plants, natural resources for the benefit ofsustainability of nature and human beings;(c)Environmental Quality Standard means the parameters of general qualityforenhancement

andconservationofenvironmental

qualityforenvironmental situations;(d)Environmental Audit means periodic, systematically documented andobjective evaluation to determine the followings:(i)correspondwithregulatory

requirementsonenvironmental

conservation;(ii)

environmental management system;(iii)

various possible environmental risks to the buildings, plots andpremises.

(e)

Pollution means any direct or indirect alteration, effect of the physical,
thermal, chemical or biological properties of any part of the environment

-2-

including land, water and atmosphere by discharging, emitting or depositing
environmental hazardous substances, pollutants or wastes so as to affectbeneficial use of environment, or to affect public health, safety or welfare,or animals and plants or to contravene any condition, limitation or
prohibition contained in the prior permission issued under this Law;
(f)Noise Pollution means the occurrence of sound unit which causes
annoyance, fatigue, loss of hearing or interference with the perception ofother sounds;(g)

Pollutant means solid, liquid, or vapour which directly or indirectly alters
the quality so as to affect beneficial use of any segment or element of theenvironment or is hazardous or potentially hazardous to health or causes
pollution;(h)Waste includes solid, liquid, or vapour and also includes anything which isclassified as waste in accord with this Law including radioactive substancewhich is discharged, emitted or deposited in the environment in suchvolume, constituency or any manner which causes environmental pollution;(i)Hazardous Substance means a substance or object which may affect healthincluding explosive substance, substance which may be created and used asa biological weapon, substance which may be used as a nuclear weapon,
inflammable substance, oxidizing and peroxidizing substance, toxic
substance,

pathogenic

substance,

radioactive

substance,

genetictransforming substance, corrosive substance, irritating objects, whether
chemical or not, which can be harmful to human being, animal, plant,
property or environment;(j)

Beneficial Use means the use of the environment or any element or segmentof the environment after making required protections from the adverse
effects of wastes, discharges, emissions and deposits so as to cause publichealth, safety or welfare;(k)

Cleaner Production means the continuous application of multi-strategy on
environmental conservation to processes, products and services to improvethe use of resource efficiently, minimize waste, polluted water andemissions and conserve the healthy nature and human environment;

-3-

(l)

Control Equipment includes the followings:(i)any apparatus for collecting waste;(ii)

any automatic device which can be used for more effective operationof any equipment;(iii)

any device for indicating or recording pollution or warning ofexcessive pollution;(iv)

any other device or facility used for the purpose of limitation ofpollution;(m) Ecosystem means the natural system existing living, non-living substancesand plants in compatibility and the natural environment which have been
evolving due to such system;(n)

Owner means owner, proprietor, operator in charge, lessor or receiver ofany building, plots, or vehicle, or heir, trustee or representative of such
person;(o)

Occupier means any person in occupation or control of any building, plot
or any part of it, or any vehicle;(p)Environmental Emergency means the situation which may affect thesafety and health of the public or the environment and ecosystem if natural
or man-made disaster or pollution is not taken action immediately;(q)

Committee means the Environmental Conservation Committee
formed under this Law;(r)

Ministry means the Union Ministry assigned by the Union Government toperform the matters of environment;(s)

Department means the relevant Department formed under this Law.

Chapter II
Objectives
3.

The objectives of this Law are as follows:(a)to enable to implement the Myanmar National Environmental Policy;

-4-

(b)

to enable to lay down the basic principles and give guidance for systematic
integration of the matters of environmental conservation in the sustainable
development process;(c)to enable to emerge a healthy and clean environment and to enable toconserve natural and cultural heritage for the benefit of present and future
generations;(d)to reclaim ecosystems as may be possible which are starting to degenerateand disappear;(e)

to enable to manage and implement for decrease and loss of natural
resources and for enabling the sustainable use beneficially;(f)to enable to implement for promoting public awareness and cooperation in
educational programmes for dissemination of environmental perception;(g)

to enable to promote international, regional and bilateral cooperation in thematters of environmental conservation;(h)to enable to cooperate with Government departments, Governmentorganizations, international organizations, non-government organizations
and individuals in matters of environmental conservation.

Chapter III
Formation of the Environmental Conservation Committee
4.

(a) The Union Government shall form the Environmental Conservation Committeewith the Union Minister for the Union Ministry assigned by the Union
Government as the Chairman and with suitable members to conserve theenvironment of the Republic of the Union of Myanmar;(b) In forming the Committee, the Vice Chairman, Secretary and Joint Secretaryshall be assigned among the members of the Committee;(c) The Union Government may re-form the Committee.

5. The Union Government shall stipulate functions and duties of the Committee to enable
to implement the objectives contained in this Law.

-5-

6.

The powers of the Committee are as follows:(a) carrying

outorganizational

educationandactivities

relating

toenvironmental conservation;(b) suggesting to enable to amend and insert, as may be necessary, the lessons onenvironmental conservation contained in school lessons after coordinatingwith the relevant departments;(c)

accepting donations, grants, materials and technological aids from local andforeign and managing and using such money, materials and technologies as
may be necessary in environmental conservation works;(d)sending suitable suggestions and encouragements relating to environmental
conservation to the relevant Government departments and organizations;(e)asking necessary proposals and suggestions from the relevant Government
departments and organizations forconservation and enhancement ofenvironment;(f)prohibiting the relevant Government departments and organizations if theenvironmental damages arise or situations for damage arise and, if
necessary, asking policy to the Union Government;(g)laying down and carrying out the Myanmar national environmental policies
and other environmental policies for conservation and enhancement ofenvironment with the approval of the Union Government.

Chapter IV
Duties and Powers relating to the Environmental Consenvation of the Ministry7.

The duties and powers relating to the environmental conservation of the Ministry

are as follows:(a)

implementing the environmental conservation policies;(b)planning and laying down national or regional work plans relating toenvironmental management;

-6-

(c)

laying down, carrying out and monitoring programmes for conservation andenhancement of the environment, and for conservation, control andabatement not to cause environmental pollution;(d)prescribing environmental quality standards including standards onemissions, effluents, solid wastes, production procedures, processes andproducts for conservation and enhancement of environmental quality;(e)submitting proposals to the Committee for economic incentive mechanisms
and terms and conditions which may not affect the environment or cause
least environmental affect for sustainable development in addition to legal
affairs and guidelines relating to environment;(f)facilitating for the settlement of environmental disputes and, if necessary,
forming bodies to negotiate such disputes;(g)

specifying categories and classes of hazardous wastes generated from theproduction and use of chemicals or other hazardous substances in carryingout industry, agriculture, mineral production, sanitation and other activities;(h)prescribing categories of hazardous substances that may affect significantly
at present or in the long run on the environment;(i)promoting and carrying out the establishment of necessary factories andstations for the treatment of solid wastes, effluents and emissions whichcontain toxic and hazardous substances;(j)prescribing the terms and conditions relating to effluent treatment inindustrial estates and other necessary places and buildings and emissions ofmachines, vehicles and mechanisms;(k)negotiating, cooperating and implementing in respect of international,
regional and bilateral agreements, instruments and programmes relating tomatters of environment;(l)implementing the international, regional and bilateral agreements accepted by
Myanmarforenvironmental

conservation

andenhancementofenvironmental quality in accord with the guidance adopted by the Union
Government or the Committee;

-7-

(m)

causing to lay down and carry out a system of environmental impact
assessment and social impact assessment as to whether or not a project or
activity to be undertaken by any Government department, organization or
person may cause a significant impact on the environment;(n)laying down guidances relating to the management, conservation andenhancement of environment for the matters of protection of ozone layer,
conservation of biologial diversity, conservation of coastal environment,
mitigation and adaptation of global warming and climate change, combating
desertification

andmanagementof

non-depleting

substancesandmanagement of other environmental matters;(o)managing to cause the polluter to compensate for environmental impact,cause to contribute fund by the organizations which obtain benefit from thenatural environmental service system, cause to contribute a part of thebenefit from the businesses which explore, trade and use the natural
resources in environmental conservation works;(p)carrying out other functions and duties assigned by the Union Government
relating to environmental conservation.

8. The Ministry shall establish an Environmental Management Fund in the Union Budget
in accord with the financial regulations and by-laws of the Union for effective
implementation of environmental conservation works in addition to the receipt from theUnion Consolidated Fund.

Chapter V
Environmental Emergency
9.

(a) If the Committee is aware that an event of environmental emergency has
occurred or may occur in the entire Myanmar or any Region or State or any
area, it shall immediately report to the Union Government so as to declare theoccurrence of such event;(b) The Committee, Ministry and Department shall carry out necessary measuresrelating to the environmental emergency.

-8-

Chapter VI
Environmental Quality Standards
10.

The Ministry may, with the approval of the Union Government and the Committee,

stipulate the following environmental quality standards:(a)suitable surface water quality standards in the usage in rivers, streams,
canals, springs, marshes, swamps, lakes, reservoirs and other inland water
sources of the public;

11.

(b)

water quality standards for coastal and estuarine areas;(c )underground water quality standards;(d)atmospheric quality standards;(e)noise and vibration standards;(f)emissions standards;(g)effluent standards;(h)solid wastes standards;(i)other environmental quality standards stipulated by the Union Government.

The Ministry may, with the approval of the Union Government and the Committee,

insert, modify and stipulate the environmental quality standards for the interests of the
public in accord with the scientific and technological advances or requirement of work
according to time and area.
12.

If any environmental quality standard stipulated by any Government department,

Government organization under any existing law is more than the quality standard
stipulated by the Ministry, it shall remain in force; however if it is less than such standard,
only the standard stipulated by the Ministry shall be in force.
Chapter VII
Environmental Conservation
13.

The Ministry shall, under the guidance of the Committee, maintain acomprehensive monitoring system and implement by itself or in co-ordination with
relevant Government departments and organizations in the following matters:

-9-

(a)

the use of agro-chemicals which cause to impact on the environment
significantly;(b)transport, storage, use, treatment and disposal of pollutants and hazardous
substances in industries;(c)disposal of wastes come out from exploration, production and treatment ofminerals, industrial mineral raw materials and gems;

14.

(d)

carrying out waste disposal and sanitation works;(e)carrying out development and constructions;(f)carrying out other necessary matters relating to environmental pollution.

A person causing a point source of pollution shall treat, emit, discharge and deposit

the substances which cause pollution in the environment in accord with stipulated
environmental quality standards.
15.

The owner or occupier of any business, material or place which causes a point

source of pollution shall install or use an on-site facility or controlling equipment in orderto monitor, control, manage, reduce or eliminate environmental pollution. If it isimpracticable, it shall be arranged to dispose the wastes in accord with environmentallysound methods.
16.

A person or organization operating business in the industrial estate or business inthe special economic zone or category of business stipulated by the Ministry:(a)is responsible to carry out by contributing the stipulated cash or kind in therelevant combined scheme for the environmental conservation including themanagement and treatment of waste;(b)

shall contribute the stipulated users charges or management fees for theenvironmental conservation according to the relevant industrial estate,
special economic zone and business organization;(c)shall comply with the directives issued for environnmental conservationaccording tobusiness.

the relevant industrial estate, special economic zone or- 10 -

Chapter VIIIManagement of Urban Environment
17.

The Ministry shall, for the management of urban environment, advise as may benecessary to the relevant Government departments and Government organizations, privateorganizations and individuals in carrying out the following matters in accord with theguidances laid down by the Committee:(a)land use planning and management including zoning;(b)management of the construction industry in pivotal urban centres;(c)management of housing settlements;(d)management of wastes;(e)pollution control including land, water, air and noise pollution;(f)other necessary environmental management.

Chapter IXConservation of Natural Resources and Cultural Heritages
18.

The relevant Government departments and Government organizations shall, in

accord with the guidance of the Union Government and the Committee, carry out theconservation, management, beneficial use, sustainable use and enhancement of regional
cooperation of the following environmental natural resources:

19.

(a)

forest resources;(b)land resources;(c)fresh water resources including underground water;(d)mineral resources;(e)

agricultural resources;(f)fisheries resources;(g)marine resources;(h)natural ecosystems;(i)natural areas, wildlife, natural plants and biological diversity;(j)other natural resources stipulated by the Union Government.

The Ministry shall cooperate with the relevant Government departments andGovernment organizations in the matters of environmental conservation for perpetual
existence of cultural heritage sites and natural heritage sites, cultural monuments andnatural areas stipulated under any existing law.

- 11 -

20.

The Ministry shall provide necessary technologies to the relevant Government

departments and Government organizations in implementing the matters contained in
sections 18 and 19.
Chapter X
Prior Permission
21.

The Ministry may, with the approval of the Union Government, stipulate thecategories of business, work-site or factory, work-shop which may cause impact on theenvironmental quality that requires to obtain the prior permission.
22.

The owner or occupier of the category of business, work- site or factory, workshop

stipulated by the Ministry under section 21 shall apply for the prior permission to the
Ministry in accord with the stipulations.
23.

The Ministry may, after scrutinizing whether or not the application made under

section 22 is in conformity with the stipulations, grant or refuse to issue the priorpermission by stipulating terms and conditions.
24.

The Ministry may, in issuing the prior permission, stipulate terms and conditions

relating to environmental conservation. It may conduct inspection whether or not it isperformed in conformity with such terms and conditions or inform the relevant
Government departments, Government organizations to carry out inspections.
25.

The Ministry may, if it is found that a holder of the prior permission fails tocomply with any of the terms and conditions relating to environmental conservation
contained in the prior permission, pass any of the following administrative penalties:(a)causing to comply with in accord with the terms and conditions afterwarning, causing to sign the bond;(b)causing to comply with in accord with the terms and conditions after paying
a fine.
Chapter XIInsurance

26.

The holder of the prior permission shall effect insurance according to the categoryof his business, work-site or factory, workshop for any accident that may cause impact on
the environment, in accord with the existing law.

- 12 -

27.

The Ministry shall give the remark if it is requested by the Myanmar Insurance on

the extent and potential environmental impact in respect of the business, department ororganization which carries out the business to be insured under section 26.
Chapter XII
Prohibitions
28. No one shall, without the prior permission, operate business, work-site or factory,
workshop which is required to obtain the prior permission under this Law.
29. No one shall violate any prohibition contained in the rules, notifications, orders,
directives and procedures issued under this Law.
30. No one shall, without permission of the Ministry, import, export, produce, store, carryor trade any material which causes impact on the environment prohibited by the Ministry.
Chapter XIII
Offences and Penalties
31.

Whoever, without the prior premission, operates business, work-site or factory,

workshop which is required to obtain the prior permission under this Law shall, on
conviction, be punished with imprisonment for a term not exceeding three years, or withfine from a minimum of one hundred thousand kyats to a maximum of one million
kyats,or with both.
32.

Whoever violates any prohibition contained in the rules, notifications, orders,

directives and procedures issued under this Law shall, on conviction, be punished withimprisonment for a term not exceeding one year, or with fine, or with both.
33.

Whoever shall:(a)if convited under section 32, be passed an order to compensate for damage
due to such act or omission;(b)

if ordered under sub-section (a), and fails to pay the compensation to be
paid, be recovered in accord with the existing revenue laws.

34.

Whoever imports, exports, produces, stores, carries or trades any material

prohibited by the Ministry due to its impact on environment shall, on conviction, bepunished with imprisonment for a term from a minimum of three years to a maximum of

- 13 -

five years, or with fine from a minimum of one hundred thousand kyats to a maximum of
two million kyats, or with both. Moreover, he shall incur the expenditure for the treatment
and disposal of such material until the process that has no impact on the environment.

Chapter XIV
Miscellaneous
35.

In prosecuting an offender under this Law, prior sanction of the Ministry shall beobtained.
36.

The Ministry may, with the approval of the Union Government, exempt or relieve

any Government department, organization or private business from complying with any
provision contained in this Law for the interests of the Union and its people.
37. If any Government department, organization or individual incurs the expenditures forany action due to the declaration of environmental emergency, such expenditures areentitled to claim from the environmental management fund.
38.

The relevant Government department, Government organization authorized toissue licence, permit or register for enabling operation of category of business, work-siteor factory, workshop which is required to obtain the prior permission shall issue suchlicence, permit, or register only to the business, work-site or factory, workshop which has
obtained the prior permission under this Law.
39.

(a)

The Ministry shall, if the person obtained the prior permission who was
imposed with administrative penalty under section 25 fails to comply withthe terms and conditions, inform the relevant Government department,
Government organization authorized to issue licence, permit or register forthe relevant business, work-site or factory, workshop to enable to takeaction as may be necessary.

(b)

The

Government

department,

Governmentorganization

received

information under sub-section (a) may, after making necessary inquiries if it
is found that any terms and conditions of environmental conservation
contained in the prior permission is not complied with, cancel the issued
licence, permit or register or suspend it for a limited period.
40. The offence contained in section 32 is determined as the cognizable offence.

- 14 -

41. The provisions relating to environmental conservation contained in the laws, rules,
orders, directives and procedures issued before the enactment of this Law shall remain inforce unless it is contrary to the provisions contained in this Law.
42.

In implementing the provisions contained in this Law:(a)the Ministry may issue necessary rules, regulations and by-laws with theapproval of the Union Government;(b)

the Committee and the Ministry may issue necessary notifications, orders,
directives and procedures.

I hereby sign under the Constitution of the Republic of the Union of Myanmar.

(Sd.) Thein Sein
President of the Union
Republic of the Union of Myanmar

The Essential Supplies And Services Law(The Pyidaungsu Hluttaw Law No. 13/2012)
The 8th Waning Day of 2nd Waso, 1374M.E.
(10th August, 2012)
The Pyidaungsu Hluttaw hereby enacts this Law.
Chapter I
Title and Definition
1.

This Law shall be called the Essential Supplies and Services Law.

2.

The following expressions contained in this Law shall have the meaning

given here under:(a)“The Union Government” means the Government of the Republic of
the Union of Myanmar;(b)“The Ministry” means any Ministry of the Union assigned by theUnion Government to administer under this law;(c)“Essential Supplies” means any animate supplies or inanimate supplies
occasionally prescribed by any Ministry under this law;(d)“Essential Services” means any service occasionally prescribed by any
Ministry under this law.
Chapter II
Objectives

3.

The objectives of this Law are as follows:(a)to enable to safeguard the supplies and services which shall support theinterest of the citizens;(b)

to enable to restrict and prohibit the supplies and services which may
cause affect the interests of the citizens;

(c)to enable to prohibit the transport within the country, import and exportof the supplies and animals which may arise danger, contagious disease
and other unwanted matters.
Chapter III
The Essential Supplies and Services

4.

Regarding the following matters, the Union Government may confer any

relevant Ministry to issue prohibiting order, regulating order, supervision order,
preventing order and the order which cause to carry out as necessary:(a)matters relating to import, export, trade, possession, storage, transport,
distribution, utilization and consumption regarding any goods
stipulated and declared as essential goods;(b)matters relating to slaughter, catching, causing to work, breeding,import, export, trade, possession, storage, transport, distribution,utilization, consumption regarding such animal stipulated and declared
as essential goods of any goods;(c)matters relating to such service stipulated and declared as essential
service of any service.
Chapter IV
Offences and Penalties

5.

Whoever violates any order issued under section 4 shall, on conviction, bepunished with imprisonment for a term from a minimum of six months to a
maximum of three years and shall also be liable to a fine not exceeding five
hundred thousand Kyats.
6.

The Court may pass an order for destruction or confiscation or otherwise

disposal of the exhibits involved in the offence.
7.

The offences contained in this Law are prescribed as the cognizable offences.

Chapter V
Miscellaneous
8.

In implementing the provisions of this law, the Union Government shallcooperate and coordinate as necessary among the relevant Ministries and other
Union Ministries, Region or State Government, Leading Bodies of the Self
Administered Division or Leading Bodies of the Self Administered Zone.
9.

The Ministry assigned under section 4 shall promptly reannulled such orderwhen the order is not required to continuously carry out after carrying out asnecessary by issuing and stipulating, the order of any goods or services as essential
goods or essential service.
10.

The rules, notifications, orders, directives and procedures issued under the

Essential Supplies and Services Act, 1947 may be applied in so far as they are notcontrary to the provisions of this Law.
11.

In implementing the provisions of this Law(a)the Union Government may issue rules, regulations and by-laws as
may be necessary;(b)

the Ministry assigned under section 4 may confer the relevantorganization or authority to issue notifications, orders, directives andprocedures relating to such law.

12.

The Essential Supplies and Services Act, 1947 is hereby repealed by this law.

I hereby sign under the Constitution of the Republic of the Union of Myanmar.

(Sd.) Thein Sein
President
The Republic of the Union of Myanmar

Unofficial Translation

Farmland Law(Pyidaungsu Hluttaw Law No.ll of 2012)
Day of 8th Waxing of Tagu 1373 ME(30th March, 2012)
The Pyidaungsu Hluttaw enacted this Law.
CHAPTER I.
NAME, ENFORCEMENT AND DEFINITIONS
1. This Law shall be called the Farmland Law.
2. This Law shall enforce on the date as the President of the Republic of the Union of Myanmar
may, by notification, direct.
3.

The following expressions contained in this Law shall have the meaning given here under:(a) "farmland" means designated lands as; paddy land; ya land; kiang land; perennial
plant land; dhani land; garden land; land for growing of vegetables and flowers; andalluvial island. In this expression, it does not include land situated within any town
or village boundary used for dwelling, religious building and premises, and public owned land which is not used for agriculture purpose;(b) "paddy land" means land mainly grow for rice paddy, rain fed or irrigated.
(c) "alluvial island" means land has flooded yearly and it's land texture and location canvary in accord with water channel.
(d) "right for farming " is defined that as the State is original owner of all lands, giving
permission for farming in conformity with this law and bylaw, rule and regulation ofthis law so that agricultural production capacity develop, excluding exploring gems,
mines, petroleum, gas and natural resources below and above ground;(e) "agriculturist" means any person who is in compliance with any one of thefollowing conditions:(1) is or was engaged in agriculture (or) livestock breeding (or) both as his
principal means of livelihood (or) ;(2) supervises the land use for agriculture (or) livestock breeding (or) both as
his principal means of livelihood during years concerned;(3) invests capital and engages directly or supervises in the production ofseasonal crops, orchard, perennial crops (or) commercial livestock breedingas his principal means of livelihood (or);(4) engaged in agriculture (or) livestock breeding;

Unofficial Translation by UN-Habitat

(5) using farmland for producing (or) breeding and selling of sapling, seed, andbreeding in for agriculture production and livestock breeding purposes;(f) "agricultural household " means a group of persons related by blood or marriage,living together as a household of whose head thereof, who shall be an agriculturist;(g) "head of household" means any principal member of a household who leads thehousehold activities;(h) "repair to gain progress by building" means raising values of land at present landowner's expense or one currently using land's expense or with his or her working
power. The amendment also comprises place for one who works agriculturalprocess or buildings, canals, dams, lakes, wells, embankments, roads and otherfacilities, excluding, but, land clearing works and procedures not for perpetualdevelopment;(i)"guardian" is defined as one who was vested with authority to keep under-age
person or lunatic or their possessions by authoritative court;(j) "peasant organization" is the one that is formed to help rural development inconformity with law;(k) "Ministry" means the Ministry of Agriculture and Irrigation;(I) "Department" means the Settlement and Land Records Department;

CHAPTER II.
RIGHT FOR FARMING
4.

A person who has the permission of right to use farmland shall have to apply for getting theLand Use Certificate to the Township Land Records Department Office passing it through therelevant Ward or Village Tract Farmland Management Body.

5.

With respect to Section 4 of this law, the Office of Township Land Records Department shallscrutinize and submit the cases of right to use farmland to the relevant Township Farmland
Management Body.

6. The Township Farmland Management Body shall issue the Land Use Certificate to the following
person or organization with respect to existing farmland on the day of enforcement date of thislaw, by the approval of District Farmland Management Body, after paid the prescribed
registration fees and registered at the Township Land Records Department's Office:(a) If a person who has right for farming shall be;i. an agricultural household (or) member of the household;ii.

head of the household (or)a member of the household (or) guardian who islegally holding and working the land in accordance with existing land law,
before this law has been enacted;iii.

the legal beneficiary either in accordance with this law or rules deriving fromthis law after its enactment;

iv. completed the age of eighteen years;

Unofficial Translation by UN-Habitat

v. a citizen or guest-citizen or naturalize-citizen(b) If an organization; Government Department (or) Government Organization (or) Non
Government Organizations (or) Company shall had been right for farming.
7. After this Law has enacted, the Township Farmland Management Body shall issue the Land Use
Certificate to the following person or organization with respect to revoking farmland and land
reclamation by the State, with the approval of District Farmland Management Body, after paid
the prescribed registration fees and registered at the Township Land Records Department's
Office:(a) If a person shall be;i.

engaged in agricultural process using landii. lived in relevant ward or village tract as a resident
iii. completed the age of eighteen years;
iv. a citizen or guest-citizen or naturalize-citizen(b) If an organization; Government Department (or) Government Organization (or) Non
Government Organizations (or) Company shall be actually to work with a will for
farming.
8. The Township Farmland Management Body shall issue the Land Use Certificate to a person who
receive the right for farming by buying (or) exchanging (or) giving (or) inheritance in accordancewith the provision of this Law (and) a person who has got the grant of right to do, (and) right toutilize the vacant, fallow and virgin land may apply in accordance with this Law whenevercultivation is completed, after paid the prescribed registration fees and registered at the
Township Land Records Department's Office.

CHAPTER III.
RIGHTS RELATING TO PERMITTED FARMS
9. The following rights shall be enjoyed in connection with the right for farming:(a) right to have such land in hand, right for farming and gain benefit of such farm;(b) right to sell, pawn, lease, exchange, or donate, in whole or in part of the right forfarming in accord with prescribed disciplines;(c) disputes arising out of inheritance of farmland shall be decided upon by the law
respective court in accord with existing law;(d) the duration of the right for farming shall continue so long as the stipulated conditions
are not breached;(e) land development operation are to be carried out by doing joint-venture with theinvestment of rural cooperative association or private investors;(f) in accordance with Foreign Investment Law, foreigner or organization containing
foreigner are to be carried out by doing joint-venture;
10. The provisions under the section 4, 5, 6, 7, 8 and 9 of this law shall not apply to the allocation of
alluvial land.

Unofficial Translation by UN-Habitat

11. The disposal of alluvial land can be effected by means of prescribed rules.

CHAPTER IV.
CONDITIONS IN RESPECT OF THE RIGHT TO WORK FARMLAND
12. The following conditions shall be complied with in respect of the right to work farmland: (a) any person shall work farmland in accordance with the provisions of this law;(b) land-tax and other taxes in respect of farmland assessed by the Ministry shall be paid;(c) It is needed to register at related department with fee when the process such as selling,
pawning, lending, and donation of right to work farmland is carried out, and the prescribedstamped-duty and registration of deed fees shall be paid;(d) Whenever inheriting of completely handing over of lands is carried out in accordance withexisting law, It is needed to register at related department in accord with prescribed
conditions;(e) "pawning" is permitted to acquire investment for agricultural production only, by means ofpawning the farmland with a government bank (or) authorized bank;(f)farmland shall not be worked without the permission of the relevant farm management
body;(g) farmland is prohibited using for non-agriculture purpose without permission;(h) farmland is prohibited to grow other crop from regular crop without permission;(i) farmland shall not be fallow without a sound reason;(j) during the period of before getting the right for farming or disputing the right for farming,
selling, pawning, lending, exchange or donation of right for farming farmland is prohibited;
13. After this Law enacted, whenever land dispute happens, registered farmland at the department
can do official solution.
14. A person who has the permission of right for farming should not be sold, pawned, leased,exchanged or donated to any foreigner or organization containing foreigner without thepermission of State Government.

CHAPTER V.
FORMATION OF FARM MANAGEMENT BODIES
15. The Union Government may form: (a) The Central Farmland Management Body with the Union Minister for Ministry ofAgriculture and Irrigation as a Chairman, Deputy Minister for Ministry of Agriculture
and Irrigation as Vice Chairman, Director General for the Settlement and Land

Unofficial Translation by UN-Habitat

Records Department as Secretary and the relevant government department officials
as members of the body;(b) The Central Farmland Management Body constituted under the above paragraph(a), can be reconstituted when necessary;
16. The Central Farmland Management Body may form:(a) the following farmland management bodies at various levels
i. Region or State Farmland Management Body;
ii. District Farmland Management Body;iii. Township Farmland Management Body;
iv. Ward or Village Tract Farmland Management Body;(b) the farmland management bodies at various levels constituted under the above
paragraph (a), can be reconstituted when necessary;

CHAPTER VI.
DUTIES AND AUTHORITY OF THE CENTRAL FARMLAND MANAGEMENT BODY
17. The duties and authority of the Central Farmland Management Body are prescribed as follows:(a) to prescribe the duties and authority of the farmland management bodies at various
levels for the Region or State, District, Township and Ward or Village Tract;(b) to give guidance and control in respect of registration the right for farming, issuing theLand Use Certificate, giving the right for farming and solving land dispute;(c) to give guidance and control in respect of selling, pawning, leasing, exchange anddonation the right for farming;(d) revoking the right for farming in accordance with this Law under the section 19
subsection (c) and (d), section 31 and section37;(e) to scrutinize and approve the submission of Region or State Farmland Management
Body in respect of using the farmland to be required for human settlements and housing
in rural and urban area in which population and household are increasing;(f) to scrutinize and approve the submission of Region or State Farmland Management
Body in respect of using the farmland to be required for school, health center, hospital,
clinic, library, bazaar, cemetery, and other buildings to develop social life of the rural
people;(g) to scrutinize and approve the submission of Region or State Farmland Management
Body in respect of using the farmland to be required for agricultural sector development
transition from primitive farm to modernize farm mechanization in which warehouse,rice mill, silo, godown, farm road and other buildings were needed to be established;(h) to give guidance and control in respect of the allocation of alluvial land and prescribe
the policy relating to right for farming;(i) to give guidance and control in respect of shifting Taungya cultivation;(j) to perform the duty assigned by Union Government in respect of farmland periodically;

Unofficial Translation by UN-Habitat

18. In accordance with the provisions of this law, the Central Farmland Management Body may
delegate authority to the appropriate Farm Management Body for the purpose of farmland
valuation in respect of local conditions and current prices related to registration of deeds,
transfer of the right for farming which shall be compulsory registered at the office of relevant
department in the presence of witness of the Ward or Village Tract Farm Management Body.

CHAPTER VII.
TAKING ACTION ON BREACH OF CONDITIONS
19. If the conditions prescribed in sectionl2 of this law are not met in all or anyone, the Farmland
Management Body appointed by the Ministry in this behalf shall, after making enquiry inaccordance with the rules made under this Law, decide one or more than one of the following
orders:(a) to be paid the prescribed fine;(b) to be utilized the farmland in the prescribed manner;(c) to be evicted from farmland;(d) to be removed the buildings which were built on farmland without permission;
20. If whosoever having the right for farming under this law, fails to obey the order issued by the
Farmland Management Body in accordance with this law under section 19, shall accuse to therespective court after the deadline-date is over.
21. Whosoever who having the right for farming under this law, fails to pay revenue levied by the
Ministry, recovery shall be made of such revenue under the law as if it were an arrear of land
revenue.

CHAPTER VIII.
DECIDING LAND DISPUTES IN RESPECT OF THE RIGHT FOR FARMING AND APPEAL
22. Land disputes in respect of the right for farming shall be decided by the Ward or Village Tract
Farmland Management Body, after opening the case file and making actions such as enquiry andhearing about the land disputes.
23.
(a)

Whosoever may appeal to the respective Township Farmland Management Body against
within 30 days from the date of decision made by the Ward or Village Tract Farmland
Management Body in accordance with the section 22 of this law;(b) Township Farmland Management Body may approve (or) revise (or) cancel the decision
made by the Ward or Village Tract Farmland Management Body;
24.

Unofficial Translation by UN-Habitat

(a) Whosoever may appeal to the respective District Farmland Management Body against
within 30 days from the date of decision made by the Township Farmland Management
Body in accordance with the section 23 subsection (b)of this law;(b) District Farmland Management Body may approve (or) revise (or) cancel the decision
made by the Township Farmland Management Body;
25.
(a) Whosoever may appeal to the respective Region or State Farmland Management Body
against within 60 days from the date of decision made by the District Farmland
Management Body in accordance with the section 24 subsection (b)of this law;(b) Region or State Farmland Management Body may approve (or) revise (or) cancel thedecision made by the District Farmland Management Body;(c) the decision made by the Region or State Farmland Management Body is final;

CHAPTER IX.
COMPENSATION AND INDEMNITY
26. Notwithstanding any provision contained in any other existing law, the Central Farmland
Management Body must be coordinated with acted for suitable compensation and indemnity inthe case of repossession of farmland either in the interest of the State or in the interest of the
public. Confiscated farms are to be compensated without any lose. If farm is upgraded withbuilding, it is required to compensate for such building.
27. Whosoever shall not be entitled forgetting compensation, if the right for farming or farmland
was revoked by the Central Farmland Management Body in accordance with this Law under thesection 17 subsection (d).

CHAPTER X.
UTILIZATION OF FARMLAND
28. In respect of application for permission to grow other crop from regular crop :(a) The Central Farmland Management Body shall give permission to grow other crop on
paddy land,after scrutinize the prescribed condition while rice is the main staple crop of
the State and not to diminish the rice sufficiency;(b) The respective Region or State Farmland Management Body Shall give permission to
grow other crop on farmland except paddy land, after scrutinize the prescribed
condition;
29. In the long-term national interest of the State, the respective implemented Ministry shall beutilized the farmland for the Project, by the permission of the Cabinet of the Union Government
after getting the remarks of the Central Farmland Management Body.
Unofficial Translation by UN-Habitat30. In respect of the application to utilize the farmland for other purposes in the interest of the
public:(a) The Central Farmland Management Body shall give permission to utilize the paddy landfor other purposes, with the recommendation of the Region or State Farmland
Management Body;(b) The respective Region or State Government shall give permission to utilize the farmland
for other purposes except paddy land, with the recommendation of the Region or State
Farmland Management Body;
31. The Central Farmland Management Body shall confiscate the farmland if the farmland is notstart to use within six months in the prescribed manner from the date of permission order inaccordance with the section 30 of this law, or not completed within the prescribed period.

CHAPTER XI.
FARMLAND ADMINISTRATION
32. In confiscating farms in the interests of nation, it is a must to confiscate required leastmeasurement of farm. It is necessary to implement projects within prescribed period as soon as
possible. If projects are terminated, farms are to be given back to original legitimate farm owner(person/organization) who has right for farming.
33. Except order or summons of the Union Government or authorities appointed by the Union
Government, pasture land and common village land are to remain unchanged.
34. In respect of right to do (or) right to utilize land of vacant, fallow and virgin land which waspermitted by the Central Committee for the Management of Vacant, Fallow and Virgin land,
for Agriculture purpose, and Livestock Poultry Farming and Aquaculture purposes, shall beconsidered as stable cultivated farmland under this law when crop production is stable.

CHAPTER XII.
CRIME AND PENALTIES
35. Anyone who has right for farming fails to comply with an order issued by the farm management
body in accordance with the section 19, (or) decision of land dispute under this Law, shall besentenced with imprisonment for a term which may at least six months to maximum two years
with fine which may at least three hundred thousand kyat to maximum five hundred thousandkyat.
36. Anyone whomsoever that fails to comply with an order issued in accordance with the section 19of this law shall be sentenced with imprisonments for maximum years states in section 35 of thislaw, if he/she has same punishment before.

Unofficial Translation by UN-Habitat37. Anyone who has right for farming breach the prohibited states in section 14 of this law, shall besentenced with imprisonment for a term which may at least one year to maximum three years
with fine which may not less than under one million kyat, and then money and materials withrelate to crime shall be forfeited to the State.

CHAPTER XIII.
GENERAL PROVISIONS
38. "Agriculturists associations" are allowed to organize in accordance with the laws enacted for
improvement of the socio economy of farmers.
39. Every member of the Farm Management Body at various levels constituted under this law shallbe deemed to be a public servant within the meaning of section 21 of the Penal Code.
40. No suit, prosecution or other proceedings shall lie in court against any member of FarmManagement Body at various levels for action carried out in conformity with this law or rules
and regulations of this law.
41. Prosecution in accordance with section 37of this law shall be deemed as Police case.
42. To undertake the provisions of this law: (a) The Ministry may issue the necessary rules and regulations with approval of theUnion Government;(b) The Central Farmland Management Body and the Department may issue necessary
notifications, orders, directives and procedures;
43. This law revoked the following laws:(a) 1953 Land Nationalization Act;(b) 1963 The Disposal of Tenancies Law;(c) 1963 The Agriculturist's Rights Protection Law;

I hereby signed in accordance with the Constitution of the Republic of the Union of Myanmar.

U Thein Sein
The President
The Republic of the Union of Myanmar

Unofficial Translation by UN-Habitat

Unofficial Translation by UN-Habitat

The Vacant, Fallow and Virgin Lands Management Law(Pyidaungsu Hluttaw Law No.10 of 2012)
Day of 8th Waxing of Tagu 1373 ME(30th March, 2012)
The Pyidaungsu Hluttaw enacted this Law.
CHAPTER I.
NAME AND DEFINITIONS
1. This Law shall be called the Vacant, Fallow and Virgin Lands Management Law.
2. The following expressions contained in this Law shall have the meaning given hereunder:(a) “Central Committee” means the Central Committee for the Management of Vacant, Fallow
and Virgin Lands;(b) “Ministry” means the Ministry of Agriculture and Irrigation;(c) “Department” means the Settlement and Land Records Department;(d) “Task Force” means the Task Force for the Management of Vacant, Fallow and Virgin Lands,
has been formed by this Law;(e) “Vacant land and Fallow land” means land which was done by the tenant before, and thenthat land was abandoned by the tenant in any reason, not only the State designated land
but also for agriculture or livestock breeding purposes;(f) “Virgin land” means land which may be new land or other wood land in which cultivation
was never done before. It may have or not with forest, bamboo or bushes, even thoughground feature may be plane or not ,and includes the land which has been cancelled legallyfrom Reserved Forest, Grazing ground, and Fishery pond land respectively for Agriculture,
Livestock Poultry Farming and Aquaculture, Mining, and Government allowable otherpurposes in line with law;(g) Security Fees” mean fees prescribed by this law, advance payable to one of the Union
Government authorized bank in credit or collateral by persons who are granted the right todo land, right to utilize land in accordance with the type of enterprise;(h) Land Revenue” means land tax rate prescribed by the rule made under this law payable to
the State by persons who are granted the right to do land, right to utilize land in accordancewith the type of enterprise;(i) “Perennial Plant” means plants grow in compact plantation to gain the benefit fromplantation crop (or) perennial plant within a period of time in accordance with the type of
the plant;

Unofficial Translation by UN-Habitat

Unofficial Translation by UN-Habitat(j) Orchard” means plants grow in either compact plantation or mixed cropping whether it’s noneed for replanting as per harvest frequently until the plant is dead;(k) “Seasonal Crops” means crops grow within the growing season period, after harvest andgetting income, It must be newly tillage operation and sown for further production;(l) “Mines Exploitation Enterprise” means as same as define in Section2, Sub-section (j) of the
Myanmar Mine Law;(m) “Permission Order” means the order of permission has been granted by Central Committee
in respect of application for granting right to do land, right to utilize land on Vacant, Fallow
and Virgin Lands;

CHAPTER IIFORMATION OF VACANT, FALLOW AND VIRGIN LANDS MANAGEMENT CENTRAL COMMITTEE
3. The President may form:(a) the Central Committee for the Management of Vacant, Fallow and Virgin Lands, with
the Union Minister for Agriculture and Irrigation appointed as a Chairman, DirectorGeneral of the Settlement and Land Records as Secretary and suitable persons of theconcern government department and organizations , and other suitable persons as
members, in order to ensure the management task concerning the use of Vacant, Fallow
and Virgin Lands for State Economic Development in relation to commercial agriculture,
livestock breeding, mining, and government allowable other purposes in line with law;(b) the Central Committee constituted under the above paragraph (a), can be reconstituted
when necessary;

CHAPTER III
RIGHT TO DO LAND, RIGHT TO UTILIZE LAND ON VACANT, FALLOW AND VIRGIN LANDS
4. The Central Committee shall permit the right to do, (and) right to utilize land of vacant, fallow
and virgin land in the country, for the following purposes:(a) Agriculture;(b) Livestock Poultry Farming and Aquaculture;(c) Mining;(d) Government allowable other purposes in line with law;
5. The following persons and organizations may apply to Central Committee in accordance withthe prescribed conditions for carry out the purposes which are stated in Section 4:-

Unofficial Translation by UN-Habitat

Unofficial Translation by UN-Habitat

6.

7.

8.
9.

(a) Myanmar citizen investors;(b) Department, Government Organization, and Non Government Organizations;(c) Exemption persons who are eligible in accordance with Section 4 of the Transfer ofImmovable Property Restriction Law, 1987;(d) Joint-Venture of Investors who have right to carry out with Department (and)Government’ Organization in accordance with Foreign Investment Law;(e) Joint-Venture of Investors who have right to carry out with Myanmar Citizen Investors , inaccordance with Foreign Investment Law;
The Central Committee shall take the following necessary action in respect of on application
matters which are in accordance with Section 5:(a) to get the recommendation of the concern Region or State Government;(b) to get the recommendation of the Ministry of Mines for mining, and other concern Ministryfor other purposes prescribe in Section4, Sub-section (d);(c) to coordinate with the Ministry of Environmental Conservation and Forestry ,and otherconcern Ministries for the prevention of damage and destruction to the Forest land which
are Reserved Forest, and Protected Public Forest; and for conservation of natural regions,watershed area and natural fisheries;(d) to submit the necessary suggestion relate to explore the National Land Use Policy to theUnion Government;
The Central Committee shall permit the grant on application for granting right to do, right toutilize land of Vacant, Fallow and Virgin Lands with the agreement of Myanmar Investment
Commission for foreign investment.
The Central Committee shall make permission or rejection of the systematic application in orderto ensure the management task concerning the use of Vacant, Fallow and Virgin Lands.
In accordance with the Section 8,the Central Committee Shall issue the permission order,
granting the right to do, right to utilize land of vacant, fallow and virgin lands, after security fees
has been paid.

CHAPTER IV
CONDITIONS IN ACCORDANCE WITH RIGHT TO DO, RIGHT TO UTILIZE LAND OF VACANT, FALLOW AND
VIRGIN LANDS
10. The Central committee shall permit the following land area of Vacant, Fallow and Virgin Lands inrelation to commercial agriculture, and livestock breeding purposes:(a) Agriculture(1) In the case of Perennial Plant, not more than 5000 acres at a time and whenevercultivation is completed on 75 percent of the permitted acres, an additional not morethan 5000 acres at a time up to a total of 50000 acres shall be permitted frequently.

Unofficial Translation by UN-Habitat

Unofficial Translation by UN-Habitat
Actual cultivable acre more than 5000 acres at a time shall be permitted for the stateinterest with the agreement of the Cabinet of the Union Government;(2) In the case of Orchard, not exceed 3000 acres;(3) In the case of Industrial Crop, not more than 5000 acres at a time and whenevercultivation is completed on 75 percent of the permitted acres, an additional not morethan 5000 acres at a time up to a total of 50000 acres shall be permitted frequently.
More than 5000 acres at a time shall be permitted for the state interest with theagreement of the Cabinet of the Union Government;(4) In the case of rural farmer and a family who want to run manageable farm shall beallowed to use not exceed 50 acres by the permission of one of the respective localorganization may be managed;(b) Livestock, Poultry Farming and Aquaculture(1) In case of Aquaculture, not exceed 1000 acres;(2) In case of Livestock breeding and Poultry Farming(aa)Livestock breeding for buffalo, cattle, horse, not exceed 2000 acres;(bb)
Livestock breeding for sheep, goat, not exceed 500 acres;(cc )Poultry farming, pig, not exceed 300 acres;(3) Animal husbandry not include in sub-section (1)and (2), suitable acres;(c) Mining purpose shall be permitted with the agreement and coordination with the Union
Government of the Ministry of Mine;(d) Government allowable other purposes in line with law shall be permitted with theagreement and coordination with the Union Government of the relevant Ministry;
11. The Central Committee shall permit the following duration for right to use of Vacant, Fallow andVirgin Lands in relation to commercial agriculture, and livestock breeding purposes:(a) Agriculture(1) For perennial plants and orchard, the duration for right to use land is not exceed 30
years from the year of grant;(2) For seasonal crops, the duration for right to use land shall continue so long as there isno breach of condition;(b) For Livestock, Poultry Farming and Aquaculture, the duration for right to use land is notexceed 30 years from the year of grant;(c) After expire the duration of right to use land in accordance with the above sub-section(a)(1)and sub-section(b), shall continue permission the duration base on type of work ,anadditional years frequently up to a total of not exceed 30 years;(d) For Mining purpose the duration of right to use land shall be permitted with the agreement
and coordination with the Union Government of the Ministry of Mine;(e) For Government allowable other purposes in line with law the duration of right to use land
shall be permitted with the agreement and coordination with the Union Government of therelevant Ministry;

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Unofficial Translation by UN-Habitat
12. The Central Committee shall permit the right to use land in a case where application is made by
Investors who have been permitted in accordance with Foreign Investment Law, or by
Organizations consisting of Investors who have been permitted in accordance with Foreign
Investment Law in areas in which land development operation are unable to be carried out by
the citizens.
CHAPTER V
SECURITY FEES AND LAND REVENUE
13. The Central Committee may fix the security fees rate to the payable person who will get thepermission right to use the vacant, fallow and virgin lands, depending upon the type ofenterprise.
14. The Central Committee may fix the land revenue rate to be assessed and suitable period of taxexemption for granting right to use the vacant, fallow and virgin lands, depending upon the typeof enterprise and crop.
15. The Department shall be made in the following manner:(a) Assessment and collection of land revenue shall be made start from the expire date of taxexemption period to the person who got the permission for granting right to use the vacant,fallow and virgin land depending upon the type of enterprise and crop;(b) Supervision shall be made on payment of land revenue of person who got the permission for
granting right to use the vacant, fallow and virgin lands;

CHAPTER VI
CONDITIONS SHALL BE COMPLIED BY PERSON WHO IS GRANTED THE RIGHT TO USE THE VACANT,FALLOW AND VIRGIN LANDS
16. Person who is granted the right to use the vacant, fallow and virgin lands shall be complied thefollowing conditions:(a) The land granted shall be used for the purpose granted and in relation to economic
enterprise;(b) The enterprise shall carry out to be completed within four years from the date of grantaccording to the purpose granted. The prescribed period may be revised by the Central
Committee for losing time due to natural disaster and unstable security conditions;(c) Land granted shall not be mortgaged, giving, sold, leasing or otherwise transferred or
divided without the permission of the Cabinet of the Union Government;(d) Land revenue shall be paid fully for the land granted;

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Unofficial Translation by UN-Habitat(e) With respect to land granted the conditions prescribed by the Central Committee, shall becomplied;(f) Expect the purpose granted enterprise, exploring other natural resources below and above
ground is prohibited;(g) If natural resources are found in the authorized land and the Government being desirous of
extracting the same on a commercial basis resumes the area required therefrom, it shall besurrendered as directed by the Union Government;
CHAPTER VII
SUPERVISION
17. The Central Committee shall constitute and prescribed duties of the Task Force and Special
Group in respective Region or State, for scrutinizing and co-ordinations with respect tosubmitted cases of right to use the vacant, fallow and virgin lands.
18. The Central Committee may form occasionally and appoint the Special Board with relevant
Departments, to inspect whether the person who is granted right to use vacant, fallow andvirgin land shall comply with or not the prescribed conditions to carry out the purpose granted.
19. The Central Committee shall resume the area required in the authorized land, if one of thefollowing situation arises:(a) If ancient culture heritage are found in the authorized land;(b) If infrastructure project or Special project are desired to be constructed on the authorized
land, in the interest of the State;(c) Except the permitted minerals , if other natural resources are found in the authorized land
which are permitted for production of mining;(d) If natural resources are found in the authorized land which are permitted for the purposes
described in Section4, Sub-section (a),(b), and (d);20. For resuming the area required in the authorized land in accordance with the Section19, theCentral Committee will have to be undertaken in coordination with the department,
organization concerned for getting the compensation within the prescribed period, calculated
by current value to cover the actual investment cost of the legitimate owner, with theagreement of the Cabinet of the Union Government.
21. If the Central Committee found that the person who is granted right to use vacant, fallow andvirgin lands, breach any condition of this law; the security fees deposited shall be forfeited to
the State and, shall be revoked the right of land use.
22. The person and organizations who have granted the authorized land before this law is enacted,
by the permission of the Central Committee for the Management of Vacant, Fallow and Virgin
Lands shall be complied the following conditions:(a) Submit the complete record file to the Central Committee, attach with granted area, orderissue date and serial number, the statement of actual cultivated area and remaining uncultivate area with photo and document evidence;

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Unofficial Translation by UN-Habitat(b) Comply this law with respect to cultivated area of vacant, fallow and virgin lands;(c) It deem as the authorized lands which never reclaimed beyond the prescribed duration,
have been revoked by the State;(d) If the Central Committee found that those persons who are granted such rights fail toadhere or violate the prescribed conditions or fail to fulfill their commitments during theprescribed time, the security fees deposited shall be forfeited to the State and, shall be
revoked the right of land use;

CHAPTER VIII
GIVING HELP TO PERSONS WHO ARE GRANTED RIGHT TO USE OF VACANT, FALLOW AND VIRGIN LANDS
23. The Central Committee shall make the following matter:(a) If the persons who are granted right to use vacant, fallow and virgin lands, contact andrequest for technical, good quality seeds and other assistance for carry out agriculture or
Livestock breeding purposes, then the Central Committee shall take necessary action to
help them;(b) If the persons who are granted right to use vacant, fallow and virgin lands, request forgetting loan of investment capital or the assistance of materials and services, then theCentral Committee shall make necessary recommendation to the concern department andorganization;(c) If the persons who are granted right to use vacant, fallow and virgin lands, faced with hugeamount of damage and loss by natural disaster like as cyclone, request for getting special
loan to the State, then the Central Committee shall make necessary recommendation to therelevant Ministry;
24. The Central Committee shall refund the security fees to the persons who are granted right touse vacant, fallow and virgin lands, when the enterprise completed within the prescribed timeand conditions.
25. The Central Committee shall make the following matter :(a) When the person who is granted right to use of vacant, fallow and virgin land submit his
suffering of dispute, disturbance, encroachment and destroying the benefits with thelocal farmers, in carrying out the work, the Central Committee shall make co-ordination
with relevant department and organization at first, and if unable to coordinate it shallmake in accordance with Law;(b) The Central Committee shall make co-ordination depend on their desire of the local
farmers, not to be lost. whether the existing farmland are included in the authorizedarea of which are not permitted officially, and ever since before growing by the local
farmers;(c) The Central Committee shall make in accordance with Law with the agreement of theboth sides, if there is an authorized farmers in the authorized area before;

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Unofficial Translation by UN-Habitat

CHAPTER IXOFFENCE AND PENALTIES
26. Anyone whomsoever that destroy the benefit with respect to immovable property on theauthorized land , shall be sentenced with imprisonment for a term which may not exceeding
three years or with fine which may not exceed one million kyats or with both.
27. Anyone whomsoever that encroach on the authorized land without the permission of thelegitimate owner or his representative, shall be sentenced with imprisonment for a term which
may not exceeding two years or with fine which may not exceed five hundred thousand kyats orwith both.
28. Anyone whomsoever that obstructs the legitimate owner or the person who is working with theagreement of the legitimate owner in the course of their duties on the authorized land, shall besentenced with imprisonment for a term which may not exceeding one year or with fine which
may not exceed three hundred thousand kyats or with both.
29. Anyone whomsoever that fail to comply with an eviction-order on revoking the authorized land ,shall be sentenced with imprisonment for a term which may not exceeding one year or with finewhich may not exceed three hundred thousand kyats or with both.

CHAPTER X
GENERAL PROVISIONS
30. Offences in Chapter IX are cognizable offences.
31. The Central Committee have right to call for submitting the situation reports and work
completion reports from those persons who are granted the right to use vacant, fallow andvirgin lands, to be in line with prescribe conditions.
32. The Central Committee shall submit Half-Yearly Report to the Cabinet of the Union Government
on matters concerning the Management of Vacant, Fallow and Virgin Lands. If policy matter
happens, submitted systematically to the President for guidance.
33. The Central Committee is formed by this Law, shall handle and carry out the duties and rights of
the Central Committee for the management of culturable land, fallow land and waste land
which have been formed before this Law is enacted.
34. To undertake the provisions of this law:-

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Unofficial Translation by UN-Habitat(a) The Ministry may issue the necessary rules and regulations, with the approval of the Union
Government;(b) The Ministry and the Central Committee may issue the necessary notifications, orders,
directives and procedures;
I hereby signed in accordance with the Constitution of the Republic of the Union of Myanmar.
U Thein Sein
The President
The Republic of the Union of Myanmar

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

The Microfinance Law(The PyidaungsuHluttaw Law No.13)
The 5th Waxing Day of Nadaw, 1373 M.E.
(30th, November, 2011)
The PyidaungsuHluttaw hereby enacts the following Law:
Chapter I
Title and Definition
1.

The Law shall be called the Microfinance Law.

2.

The following expressions contained in this law shall have meanings given
hereunder:(a)Microfinance means extending micro-credit to the grass root people,
accepting deposits from them, carrying out remittance, carrying out
insurance business, borrowing money from local and abroad and carryingout other financial activities.

(b)

Microfinance Institution means local and foreign institutions, partnershipfirms, companies, co-operative societies, banks and nonbanking financial
institutions, formed and registered under the relevant law, which is fundedwith own capital, charity and grant, and obtain license to operate
microfinance business in order to reduce the poverty of the grass root
people and to improve their socio-economic life.

(c)

Micro-credit means the loan without collateral to reduce the poverty ofgrass root people and to improve their socio-economic life.

(d)Grass root people mean the public including low-income farmers, labors andvendors who reside in rural and urban area.

(e)

Rural Development and Poverty Reduction Working Committee means theWorking Committee on the Rural Development and Poverty Reduction
formed by the Office of the President of the Union.

(f)

Ministry means the Ministry of Finance and revenue of the Union
Government.

(g)Supervisory Committee means the Microfinance Supervisory Committee
formed by the Union Government under this Law.

(h)Working Committee means the Microfinance Development Working
Committee formed by the respective Region or State Government and Nay
Pyi Taw Council under this Law.

(i)

Myanma Microfinance Supervisory Bureau means the Myanmar
Microfinance Supervisory Bureau under the Ministry of Finance andRevenue of the Union Government.

(j)Management Committee
microfinance institution.

(k)

Deposit means the money deposited by the member of microfinanceinstitution which is payable on demand or on any other condition. Such
expression also includes the savings.

(l)License to Operate means the license issued under this Law to carry out
microfinance activities.

means

the

management

committee

ofChapter II
Objective
3.

The objectives of this Law are as follows:(a) to reduce the poverty of the grass root people;(b) to develop social, education, health and economic status of the grass root people;(c) to create job opportunities;(d) to nurture and cultivate the saving habit;(e) to encourage the emergence of new small-scaled businesses;(f) to create the extend the cottage businesses;(g) to assist the grass root people with other means of earning as well as agriculture andlivestock breeding;(h) to acquire and disseminate technical know-how from local and abroad.

Chapter III
Formation of the Rural Development and Poverty Reduction Working Committee andFunctions and Duties thereof
4.
The Office of the President of the Union shall form the Rural Development andPoverty Reduction Working Committee comprising a Vice-President as Chairman andsuitable persons.
5.
The Rural Development and Poverty Reduction Working Committee shall coordinate,assist and support the Supervisory Committee, working committees in respective Region orState and Nay Pyi Taw for rural development and poverty reduction.

Chapter IV
Formation of the Microfinance Supervisory Committee, Functions, Duties and Powers
thereof

6.
The Union Government shall form the Microfinance Supervisory Committee
comprising the Union Minister of the Ministry of as the Chairman, the Managing Director of
the Myanma Microfinance Supervisory Bureau as the secretary and persons from suitable
Government departments and organizations as members.
7.

The functions and duties of the Supervisory Committee are as follows:(a)

implementing the policy and directives relating to the microfinance businessadopted by the Rural Development and Poverty Reduction Working
Committee;(b)laying down the policy and directives relating to the microfinance businessto the working committees;(c)managing and carrying out the financial support finance to microfinancebusiness in connection with the respective Ministry, Associations,
Specialized companies and Banks;(d)prescribing rules and regulations which shall be observed by MicrofinanceInstitutions;(e)scrutinizing and granting relating to the application the license to operate of
microfinance business;(f)determining the minimum capital to be contributed by institution which isdesirous to carry out the microfinance business according to the type of
institution;

8.

(g)

determining the interest rate on deposit, the interest rate on and service
fees in accordance with procedures which being exercised by the Central
Bank of Myanmar to be in line the market;(h)imposing administrative penalties on Microfinance Institution which do not
observe the terms and conditions;(i)scrutinizing and reviewing the work performance of MicrofinanceInstitutions and reporting and submitting to the Rural Development andPoverty Reduction Working Committee.

The powers of the Supervisory Committee are as follows:(a)determining the license fees, license fees for microfinance business;(b)hiring any person from local or abroad with the approval of Rural
Development and Poverty Reduction Working Committee in order tosupport in performing the functions and duties of Supervisory Committee;(c)dealing with the international financial institutions and international nongovernmental organizations.

Chapter V
Formation of the Microfinance Development
Working Committee and Functions and Duties
9.
The respective Region or State Government and Nay Pyi Taw Council shall form themicrofinance development working committee comprising suitable persons.
10.

The functions and duties of the working committee are as follows:(a)managing and carrying out the financial support to microfinance Institutions
in connection with the respective Ministry, Associations, Specializedcompanies and Banks;(b)scrutinizing and submitting the applications for carrying out microfinance to
the Supervisory Committee;(c)supervising the microfinance institutions;(d)reportingand submitting the work performances of microfinance institutions
to the Supervisory Committee in accordance with the stipulations;(e)training and dissemination of knowledge for the sustainable development of
microfinance businesses;(f)performing duties assigned by the Supervisory Committee from time totome.

Chapter VI
Functions and Duties of the Myanma Microfinance Supervisory Bureau
11.
The Myanma Microfinance Supervisory Bureau shall carry out the following
functions and duties relating to microfinance business:(a)scrutinizing the applications to carry out microfinance submitting to therespective working committee;(b)prescribing the formats of accounts and forms of report to use in
microfinance institution;(c)supervising and field-inspecting the microfinance institution(d)reporting and submitting the work performances of microfinanceinstitutions to the respective working committee in accordance with thestipulations;(e)performing the duties assigned by the Supervisory Committee to therespective working committee from time to time;
12.
The Myanma Microfinance Supervisory Bureau shall also has responsibilities andcarry out the works arising out of or in connection with the performance of functions andduties conferred under this Law.

Chapter VII
Establishment
13.
The institution desirous to carry out the microfinance shall be institution formed
under the Myanmar Companies Act, the Cooperative Society Act, the Law relating toFormation of Associations and any other Law.
14.

The institution desirous to carry out the microfinance shall:(a)draft the memorandum of association and articles of association;(b)form the management committee and manage in accordance with thememorandum of association and article of association;(c)be fulfilled with the necessary qualification to be a member of management
committee prescribed by the Supervisory Committee in forming themanagement committee;

15.
The management committee of the microfinance institution may delegate its
powers to the responsible persons of the relevant microfinance institution.
16.
If microfinance institution is desirous to amend the memorandum of association andarticles of association, the microfinance institution shall submit to respective working
Committee and shall amend only after obtaining the prior approval of Supervisory
Committee.

Chapter VIII
License to Operate
17.
The institution desirous to carry out the microfinance shall submit the stipulated
application attached with the feasibility study including the following facts to theSupervisory Committee through the respective working committee to carry out the business:

18.

19.

20.

21.

(a)

description of location to be carried out microfinance, existence of market
and having interest of the community concerned;(b)

the financial resources required and how they may be acquired;(c)

expected benefit to be obtained if the microfinance is carried out and thearrangement to manage the benefits;(d)management qualification and skill;(e)types of microfinance desirous to be carried out.

The microfinance institutions shall be categorized as follows:(a)non deposit taking microfinance institution;(b)deposit taking microfinance institution(a)

The non deposit taking microfinance institution shall carry out extending
micro-credit by the funds collected by other means which is not deposit
from the public, compulsory savings of members whenever the members
acquired the micro-credit;(b)

The deposit taking microfinance institution shall carry out extending microcredit by the funds collected by other means which is not deposit from thepublic and compulsory savings of members whenever the members
acquired the micro-credit and voluntary saving deposits.

The institutions desirous to carry out the microfinance shall:(a)subscribe the paid-up capital in cash;(b)deposit the fully paid-up capital to the accounts of the Myanma
Microfinance Supervisory Bureau at the prescribed Myanmar Economic
Bank in the respective Region or State and Nay Pyi Taw. Such paid-up capitalshall be entitled to withdraw only the completion of issuing license from theSupervisory Committee.

(a)

The Supervisory Committee may, after scrutinizing the duly application form
and the feasibility study, issue or refuse to the license to operate within
thirty (30) days from the date of receipt of application.

(b)

The license to operate shall be granted without limit duration.

22.
A license shall not be granted to the institution desirous to carry out microfinance if,in the Supervisory Committee’s opinion, the name chosen the instution might mislead the
public regarding the true nature shareholders or activities;
23.
The microfinance institution shall deposit the prescribed fees from license tooperate within 15 days from the date of receipt of the license to operate the accounts of the
Myanma Microfinance Supervisory Bureau at the present Myanma Economic Bank in the
Respective Region or State and Nay Pyi Taw.
24.
The Supervisory Committee shall, in granting or withdrawing a license to a
microfinance institution, publish it in the Myanmar Gazette.
25.

The microfinance institution:(a)shall commence the business within six months from the date of receipt ofthe license;(b)shall not transfer the license;

26.
If any of the following situations occurs, the Supervisory Committee shall withdraw
the license of operate of the relevant microfinance institution.

27.

(a)

failing, within the period specified, to deposit the amended minimum capitalrequirements prescribed for the microfinance institution;(b)failing, within the period specified, to restore the minimum capital required
due to losses in business;(c)liquidation voluntarily or being liquidated;(d)extinguishing the original legal entity due to the merging with othermicrofinance institution or due to secession of institution;(e)

failure to company by-laws and directives issued by Supervisory Committee
and respective working committee.

(a)

If the microfinance institution is desirous to merger with any othermicrofinance institution or session of its institution, it shall submit andobtain the prior approval of the Supervisory Committee through therespective working committee.

(b)

The microfinance institution which will be emerged due to merger orsecession under sub-section (a) shall carry out the microfinance businessonly when it obtains the license to operate issued by Supervisory
Committee.

28.
The microfinance institutions shall obtain the prior approval of Supervisory
Committee through the respective working committee for establishment of branch offices,changing the location and closing of businessChapter IX
Functions, Duties and Powers of the Microfinance Institution
29.
The microfinance institution may, with the approval of the Supervisory Committee,
carry out the following function:(a)extending micro-credit;(b)
accepting the deposit;(c)carrying out remittance;(d)carrying out the insurance business;(e)borrowing from the local and abroad;(f)carrying out other financial activities.
30.

The microfinance institution shall obtain the following legal documents in providing
micro-credit;(a)the credit application and the submission of the utilization of credit;(b)
the records of undertaking of the borrower and guarantors which will bebasically supported for the microfinance business;(c)
if it is the agreement signed by the person himself who shall obtain the
micro-credit and matter collectively decided, the meeting minute agreed onsuch matter.

31.
The microfinance institution shall, in providing micro-credit, carry out in accordancewith the terms and conditions prescribed by the Supervisory Committee in order to protect
and preserve the long term existence of its business.
32.
The microfinance institution shall regularly notify their customers of the terms andconditions associated with their deposits and loans, including the annual rate of interest andthe calculation method used. The Supervisory Committee shall determine the intervals at
which such declaration shall be made and the forms to be used.
33.

(a)

The microfinance institution may, subject to compliance with the terms andconditions prescribed by the Supervisory Committee increase its capital by wayof establishing of reserves.

(b)

A microfinance institution shall set aside 25 per cent of its profits, as prescribedby the Supervisory Committee, in a gene reserve account until this accountreaches 100 per cent of paid-up capital. The Supervisory Committee may also
require microfinance institutions to make additional provisions against specificassets. Microfinance institution may also make additional provisions on theirown initiative.

34.
The microfinance institution shall be prohibited from engaging manipulative
practices in order to obtain an unfair advantage for themselves for third parties.
35.
The microfinance institution shall comply the provisions of the committee of Money
Laundering Law.

Chapter X
Auditing, Reporting and Supervision
36.
The Auditor shall be appointed to each microfinance institution by approval ofSupervisory Committee.
37.
The auditor of the microfinance institution shall have the following duties andresponsibilities:(a)

preparing the audit report on the balance-sheet, profit and loss of accountafter having audited in accordance with the Myanmar Standards on Auditing
and assessing and submitting in report whether the financial statements insuch report adequate reflect the financial position of the institution and its
solvency;(b)

notifying the activities which may cause the loss for the business and thedefects and requirements of the accounts.

38.

The microfinance institution shall be required to prepare periodic reports using theprescribed forms, providing sufficient information on their administrativeand operational status, solvency, and provitability for an assessment of thestability of and trends in their financial position. The reports shall be
prepared in accordance with the prescribed accounting standards.

39.

The auditor’s report and the balance-sheet for the financial year shall be publishedin the manner as prescribed and approved by the management committee
and the shareholders, for public information.

40.

The microfinance institution shall accept the inspection of the auditors appointed by
the Supervisory Committee or inspectors assigned by the respective working
committee. In inspecting so, auditors or inspectors may:

41.

(a)

examine the accounts and related documents, the books and otherdocuments;(b)

ask supervisor, administrators, agents, personnel and members of the
microfinance institution for information on any matter relating ot its
organization and operation.

The Supervisory Committee may have an Audit Committee comprising threemembers in a microfinance institution. The Audit Committee shall:(a)monitor whether the microfinance institution carries out in conformity withthe prescribed terms and conditions or not. Moreover, it shall submit to the
management committee the matters which it deems fit;(b)give its opinion on the matters which are required by the management
committee.

42.

The Audit Committee shall meet ordinarily once in three months and extraordinarily
when convened by the management committee. All members of the Audit
Committee shall be present at such meetings and shall be no abstentions
from voting. Decisions shall be taken by majority votes of the members.

43.

The management committee of the microfinance institution may appoint or hire
experts to assist the Audit Committee in relation with activities contained in
section 40.

Chapter XI
Taking Action by Administrative Means
44.

The Supervisory Committee shall, if the microfinance institutions, its members,
shareholders, administrators, managers and personnel violate any of theprovisions of this Law, pass the following administrative penalty:(a)warnings;(b)orders including those restricting the operations of microfinance institution,(c)fines;(d)temporary or permanent termination from duties in the microfinanceinstitution;(e)cancellation of the license to operate

45.

The Supervisory Committee shall pass administrative penalties contained in section
44 against any person or any legal entity which violates any of the provisions
contained in this Law by carrying out the activities prescribed under this Law
to be performed only by the microfinance institution.

46.

The person who is being taken action shall have the full right to defend. In addition,
the person being taken action shall have the right of appeal to the Rural
Development and Poverty Reduction Working Committee within 30 days
from the date the penalty order is received. During the appeal period, thepenalty shall be suspended. The decision of the Rural Development andPoverty Reduction Working Committee shall be final and conclusive.

47.

The administrative penalties passed under this Law shall not preclude taking criminal
action or civil action.

48.

The person who is being passed penalty under section 44 shall compensate
immediately to the microfinance institution or to other persons for any
damages caused.

Chapter XIILiquidation
49.

The Supervisory Committee may determine the period to restore the normal
situation if the situation occurs that may lose the deposits and capital fund of thepersons in dealing with such institution as the situation is not in conformity with theminimum requirement to carry out the business of the relevant microfinanceinstitution is not restored to normal within the specified period, the license tooperate may be cancelled and my liquidate that microfinance institution inaccordance with the stipulations.

50.

Before passing the order of liquidation:(a)the body formed by the Supervisory Committee or the body formed by therelevant working committee with the approval of the Supervisory
Committee shall investigate;(b)

the supervisory committee shall be render right to defend to the relevant
microfinance institution under sub-section (a).

51.

If the relevant body contained in sub-section (a) of section 50 submits that it should
be liquidate, the Supervisory Committee shall order to liquidate the microfinanceinstitution.

52.

In liquidating the microfinance institution, the Supervisory Committee(a)

may cause to carry out by handing over the administrative matters of suchinstitution and until the liquidation has been completed by appointing aliquidator or by forming assigning the liquidation body consisting of suitablecitizens.

(b)

shall liquidate the receivable and payable of such institution

Chapter XIII
Prohibitions
53.

The members, personnel and auditors of the microfinance institution shall not,without permission under the law, disclose or publish information which they haveleaned in the performance of the financial activities and services, or allow suchinformation to be seen or examined by another person.

54.

No person shall carry out business of the microfinance institution without a license
to operate

55.

Any member or personnel of the Supervisory Committee and relevant working
committee shall not, without permission under the law, disclose or publish
information which they have learned in the performance of the duties, or allow suchinformation to be seen or examined by another person.

Chapter XIV
Offences and Penalties
56.

Any member, personnel and auditor of the microfinance institution who violates theprohibition under section 53 shall, on conviction, be punished with fine or withimprisonment for a term not exceeding two years or with both.

57.

Any person who violates the prohibition under section 54 shall, on conviction, bepunished with fine or with imprisonment for a term not exceeding five years or with
both.

58.

Any member or personnel of the Supervisory Committee and respective working
committee who violates the prohibition under section 55 shall, on conviction, bepunished with fine or with imprisonment for a term not exceeding two years of
with-both.

Chapter XVMiscellaneous
59.

The member, who is not civil service personnel, included in the Supervisory
Committee is entitled to receive the remuneration prescribed by the Union
Government or the member, who is not civil service personnel, included in theworking Committee is entitled to receive the remuneration prescribed by therelevant Region or State Government and Nay Pyi Taw Council.

60.

The microfinance institution shall have the right to carry out under its own seal, as alegal entity having perpetual succession, capable of suing and being sued.

61.

Notwithstanding anything contained in the Registration Act, the instruments
executed in respect of micro-credit extended by the microfinance institution shall be
exempted from registration and from payment of stamp duty under the existing
Law.

62.

Levying tax on the microfinance institution shall be subject to existing laws.

63.

The offences contained in section 56 and section 58 are prescribed as cognizableoffences.

64.

In taking legal action under section 56, 57 and 58 the prior sanction of theSupervisory Committee shall be obtained.

65.

The institutions which performing the microfinance business before the enactmentof this law desirous to continue to carry out the microfinance business under thisLaw shall apply for the license to operate within three months from the date of theenactment of this Law in accordance with the provisions of this Law.

66.

The activities carried out to complete liquidation within the stipulated period withthe permission of the Supervisory Committee relating to the microfinance businessbefore the enactment of this Law shall not be applied with section 54.

67.

For the purpose of carrying out the provisions of this law:

68.

(a)

the Ministry shall undertake the responsibilities to carry tout the office
works of the Supervisory Committee and bear the expenses.

(b)

the respective Region or State Government and Nay Pyi Taw Council shallundertake the responsibilities to carry out the office works of the Working
Committee and bear the expenses.

In implementing the provisions contained in this Law:(a)the Ministry may, with the approval of the Union Government, issue
necessary rules, regulations or by-laws and issue necessary orders, directives
and procedures;(b)

the Supervisory Committee and the respective working committee may
issue necessary orders and directives.

I hereby sign under the Constitution of the Republic of the Union of Myanmar

Sd/TheinSein
The President
The Republic of Union of Myanmar

The Law Amending the Myanmar
Stamp Act
(The 2011 Pyidaungsu Hluttaw Law No. 2)
2nd Waxing of Thadingyut 1373 ME(29 September, 2011)

The Pyidaungsu Hluttaw hereby enacts the following law.
1.

This Law shall be called the Law Amending the Myanmar Stamp
Act.

2.

In the Myanmar Stamp Act, the expression “President of the
Republic of the Union Myanmar may” shall be substituted by theexpression “Ministry of Finance and Revenue of the Union
Government may, with the approval of the Union Government”.

3.

The Sub-section (9) of the Section 2, the Myanmar Stamp Act shallbe substituted by the expression “(9) Collector includes any Revenue
Officer and any officer delegated by the Director General of theInternal Revenue Department;”.

4.

In Section 9 of Myanmar Stamp Act:(a)

Sub-section (b) shall be inserted after the Sub-section (a) as

follows“(b) amend or enhance all or any of the amounts or values,description of instruments and proper stamp duties mentioned in thisAct including Schedule 1 annexed thereto, and” (b)

the

Sub-

section (b) shall be arranged as the Sub-section (c).
5.

The Section 20 of the Myanmar Stamp Act shall be substituted by“20. Where an instrument is chargeable with ad valorem duty inrespect of any money expressed in any currency other than that of the
Republic of the Union of Myanmar, such duty shall be payable inthat foreign currency at the rate of one per centum on such amount orvalue instead of any proper stamp duty mentioned in schedule 1
annexed in this act.”

6.

In the Section 49 of the Myanmar Stamp Act, the expression “by the
President of the Republic of the Union Myanmar” shall be
substituted by the “by the Ministry of Finance and Revenue of theUnion Government, with the approval of the Union Government”.

7.

the Sub-section (1) of the Section 70 of the Myanmar Stamp Act
shall be substituted by “70. (1) No Prosecution in respect of any
offence punishable under this Act shall be instituted without theprior sanction of the Ministry of Finance and Revenue of the Union
Government.”

I sign in accord with the Constitution of the Republic of the Union of
Myanmar.

Sd/ Thein Sein
President
The Republic of the Union of Myanmar1The State Law and order Restoration Council
The State­owned Economic Enterprises Law(The State Law and Order Restoration Council Law No.9/89)
The 10th Waning Day of Tabaung, 1350 M.E(31st March, 1989)
The State Law and Order Restoration Council hereby enacts the following Law.
Chapter 1
Title and Definition
1. This Law shall be called the State­owned Economic Enterprises Law.
2. The expression Government contained in this Law includes departments, corporations
and other organizations under the Government.
Chapter II
Economic Enterprises to be carried out
Solely by the Government

3. The Government has the sole right to carry out the following economic enterprises asState­owned economic enterprises:­(a)Extraction of teak and sale of the same in the country and abroad;(b)Cultivation and conservation of forest plantation with the exception of village­owned
fire­wood plantation cultivated by the villagers for their personal use;(c) Exploration, extraction and sale of petroleum and natural gas and production of
products of the same;

2(d)Exploration and extraction of pearl ,jade and precious stones and export of thesame;(e)Breeding and production of fish and prawn in fisheries which have been reserved forresearch by the Government ;(f) Postal and Telecommunications Service;(g)Air Transport Service and Railway Transport Service;(h)Banking Service and Insurance Service;(i) Broadcasting Service and Television Service;(j) Exploration and extraction of metals and export of the same;(k) Electricity Generating Services other than those permitted by law to private and co­operative electricity generating services;(l) Manufacture of products relating to security and defence which the Government
has, from time to time, prescribed by notification.
4. The Government may, by notification, permit in the interest of the Union of Myanmar
any economic enterprise which is prescribed under Section 3 to be operated solely by
the Government to be carried out by joint­venture between the Government and anyother person or any other economic organization or under conditions by any person or
any economic organization subject to conditions.
5. The Government may ,by notification , prohibit or prescribe conditions regarding thepurchase , procurement ,improvement , storage , possession ,transport, sale andtransfer of products derived from or produced by or used by economic enterprises
which are prescribed under Section 3 to be carried out solely by the Government.

3

Chapter III
Right of carrying out other Economic Enterprises
6. Any person shall have the right to carry out any economic enterprise other than thoseprescribed under Section 3 to be carried out solely by the Government.
7. Without prejudice to the provision of Section 6, the Government may, in addition to
those economic enterprises which are prescribed under Section 3 to be carried out
solely by the Government, also carry out any other economic enterprise if it isconsidered necessary in the interest of the Union of Myanmar.
Chapter IV
Right to form Organizations
8. (a)In order to carry out the economic enterprises mentioned in Section 3 andSection 7 ,the Government may ,by notification : ­(i)Constitute organizations which are to undertake responsibility ,andprescribe their duties and powers;(ii)

Re­constitute ,if necessary ,such organizations which are in existence atthe time of the commencement of this Law ,amend and prescribe theirduties and powers;(iii)

Constitute one or more bodies to supervise the organizations mentioned in
sub –sections (1) and (2), if necessary, and prescribe their duties andpowers.

4(b)

The respective organizations constituted under sub – section (a) shall be a body

corporate having perpetual succession and a common seal, and shall have the right to sue
and be sued in its corporate name .

Chapter V
Offences and Penalties
9. Whoever is convicted of an offence of carrying out ,without the permission of theGovernment , any economic enterprise prescribed under Section 3 to be carried out
solely by the Government shall be punished with imprisonment for a term which may
extend to a period of 5 years and may also be liable to a fine .Furthermore , property
both moveable and immoveable relating to the economic enterprise may be
confiscated.
10.

Whoever is convicted of an offence of violating an order or any condition notified

under section 4 or section 5 shall be punished with imprisonment for a term which may
extend to a period of 3 years and may also be liable to a fine .

Chapter VI
Miscellaneous
11.

For the purpose of carrying out the provision of this Law , the Government may

prescribe such procedures as may be necessary ,and the respective Ministries may
issue such orders and directives as may be necessary.

5

12.

The Law conferring powers for Establishing the Socialist Economic System ,1965

is hereby repealed .

Sd./Saw Maung
GeneralChairman
The State Law and Order Restoration Council

The State Law and Order Restoration Council

The Commercial Tax Law( The State Law and Order Restoration Council Law No. 8/90)
The 6th Waxing Day of Hnaung Tagu, 1351 M.E.
( 31st March, 1990)

The State Law and Order Restoration Council hereby enacts the following law:

Chapter I
Title, Effectiveness and Definition
1.

This Law shall be called the Commercial Tax Law.

2.

The provisions of this Law shall be effective in the whole countrycommencing from the 1990-91 financial year.

3.

The following expressions contained in this Law shall have the meanings

given hereunder:(a) Tax means the tax to be paid under this Law. This expression also
includes a fine imposed under this Law;(b) Assessee means a person who is responsible to pay tax under this Law.
This expression also includes economic enterprises of the Union
Government,

State-owned

mills,

factories,

trade

and

services,

development bodies, cooperative societies, individuals, organizations or
associations formed by the individuals, companies, partnership firms andjoint-ventures;(c) Goods means the imported material and the material produced in the
country for sale;-2(d) Service means rendering of service for remuneration, fee or
consideration.

This

expression

also

includestradingbusiness,entertainment business, hotel, rest-house and restaurant business, tourism
business and businesses determined by the Ministry of Finance andRevenue of the Union Government, from time to time, as the service
under section 6;(e) Proceed of sale1 means the money received or to be received from thesale of goods in cash basic or on credit or by other deferred payment
system or sale in advance system. If it is the exchange of goods, it is thevalue determined in doing so. This expression includes the value ofpacking material for packing the goods;(f) Receipt from service money received or to be received for rendering ofservices;(g) Producer means a person who produces goods at his owned mill,factory or establishment or by assigning others and sells it;(h) Service provider means a person who renders service for remuneration,fee or consideration;(i) Importer means a person who imports article by land, sea or air;(j) Landed value means the aggregate of the value of imported goods
assessed under the Customs laws, the customs duty levied thereon andunloading expenses;(k) Return means the form by which the assessee who is responsible to pay
tax expresses his proceed of sale and receipt form service;(l) Schedule means the schedules of this Law;(m) Assessment means the determination of tax which shall be paid by theassessee under this Law;(n) Year means the financial year;

1. Substituted by sub‐section (b) of section 4 of the Law Amending the Commercial Tax Law, 2011

-3(o) Assessment year means the succeeding year to the year in which
proceed of sale or receipt from service accrued;(p) Three months2 means the period of three months from thecommencement of the financial year;(q) 3 Township Revenue Officer means the officer-in-charge of the relevant
Township Revenue Officer who is assigned duty to assess the tax whichshall be paid by the assessee. This expression includes the Staff Officers
who are assigned duty to assess tax at the Companies' Circle Tax Office.

Chapter II
Charging Tax and Having Responsibility to Pay Tax
4.(a) The tax shall be charged on the goods produced in the country as
mentioned in the Schedule.
(b) The tax shall be charged on the services carried out in the country as
mentioned in the Schedule.
(c) The tax shall be charged on the imported goods as mentioned in the
Schedule.
5. The tax due under section 4 shall be responsible to be paid by the relevant
producer, service provider or importer.
6.4The Ministry of Finance and Revenue, with the approval of the Union
Government:(a) may amend and add, by notification, the expressions in schedule of thisLaw or tax rates;(b) shall prescribe the commencing date of effectiveness or financial year, in
issuing the notification under sub-section (a).

2

. Inserted by section 4of the Law Amending the Commercial Tax Law, 1991
. Inserted by sub‐section (c) of section 4 of the Law Amending the Commercial Tax Law, 2011
4
.Substituted by section 3 of the Law Amending the Commercial Tax Law, 20063

-47.5 The provisions of this Law shall not apply to goods produced and sold orservice rendered solely for a religious or charitable purpose by any religious orcharitable organization.

Chapter III
Tax Exemption and Relief
8. 6The Ministry of Finance and Revenue may, with the approval of the Union
Government, by notification:(a) grant tax exemption or relief for any category of goods or service orassessee;(b) determine the amount of proceed of sale or receipt from service on
which tax shall not be imposed;(c) in respect of any newly established enterprise:(i) grant tax exemption or relief on machineries, equipment and otherarticles imported for installation in the new construction;(ii) grant tax exemption or relief for a limit of years of consecutive
thirty six months commencing from the date of commercial
operation7 of production or service;(d) grant tax exemption or relief in respect of any category of goods
produced in the country and exported and sold.
9. If it is desirous to charge tax on any production of goods or rendering ofservice, it may be prescribed by regulations for doing so.

Chapter IV
Duties and Powers
10. The Director General of the Internal Revenue Department shall have theright to take responsibilities and exercise powers contained in this Law.
5

. Substituted by section 5 of the Law Amending the Commercial Tax Law,2011. Substituted by sub‐section (a) of section 6 of the Law Amending the Commercial Tax Law,20117.Substituted by sub‐section (b) of section 6 of the Law Amending the Commercial Tax Law,20116

-5Moreover, he may implement by allocating and assigning duties to service
personnel of his Department.

Chapter V
Registration and Intimation of Commencement of Enterprise
11. (a) Any person who carries out a 8goods production enterprise or service
enterprise shall register with the relevant Township Revenue Officer as
stipulated by regulations.
(b) Any person who commences operation of9 a goods production enterpriseor service enterprise shall furnish a letter of intimidation on thecommencement of the operation as such to the relevant Township
Revenue Officer as stipulated by regulations.
(c) The Township Revenue Officer may inform any person to register or tofurnish letter of intimation on commencement of operation of his
enterprise in accord with the regulations.

Chapter VI
Monthly Payment of Tax and Sending of Three-Monthly Return10
12.(a)11 Any person who has taxable proceed of sale or receipt from service
within a year, shall pay due monthly tax within ten days after the end of
the relevant month. Moreover, a three-monthly return shall be furnishedto the relevant Township Revenue Officer within one month after theend of relevant three-month.

89.Deleted by section 7 of the Law Amending the Commercial Tax Law,2011. Deleted by section 7 of the Law Amending the Commercial Tax Law,20111011.Substituted by section 5 of the Law Amending the Commercial Tax Law, 1991
.Substituted by section 6 of the Law Amending the Commercial Tax Law, 1991

-6(b)11 The Township Revenue Officer may intimate any person to pay due
monthly tax and send three-monthly return if there is cause to consider
that he has taxable proceed of sale or receipt from service within a year.
(c)If it is failed to pay tax under sub-section (a) or (b), or if there is cause toconsider that the tax paid is less than the tax payable, the Township
Revenue Officer may, based on the information received, estimate andclaim the tax payable or the additional tax payable.
(d) The tax paid under sub-section (a), (b) or (c) shall be set-off from the tax
due in the assessment.
(e) The tax payable on goods imported under sub-section (c) of section 4 of
the Law shall be collected together with the customs duties by the
Customs Department in accord with the manner of collecting customs
duties.

Chapter VII
Furnishing Annual Return
13. (a) Any person who has taxable proceed of sale or receipt from service in ayear shall furnish an annual return for such year to the Township
Revenue Officer within three months after the end of the relevant year.
(b) If there is cause to consider that any person has taxable proceed of saleor receipt from service in a year, the Township Revenue Officer may
intimate to furnish annual return.
(c) If there is any mistake or omission in the annual return furnished undersub-section (a) and (b), it may be amended before the assessment is
made.

-7Chapter VIII
Assessment and Refund
14. (a) If the Township Revenue Officer is satisfied that the annual returnfurnished under section 13 is correct and complete relating to theproceed of sale or receipt from service, he may assess the tax based onsuch return.
(b) If it is necessary, the Township Revenue Officer may, after carrying out
causing the assessee to submit accounts and documents, summoning andexamining him; assess tax based on such documents if it is possible toobtain proceed of sale or receipt from service correctly from suchaccounts and documents.
12(c) If it is not possible to obtain the proceed of sale or receipt from service
correctly from the accounts and documents submitted by the assessee,
the Township Revenue Officer shall assess tax after scrutinizing othernecessary evidences and documents.

13(d) If the assessee fails to furnish annual return, submit the accounts anddocuments or to appear and accept examination, the Township Revenue
Officer may estimate and assess tax based on the information collected.
He may summon and examine any person and demand necessary
information before assessing tax.

15. To enable to assess and collect the tax on the followings within the year
without waiting until the end of the relevant financial year, it shall be carried out
as stipulated by regulations:14(a) person who would go abroad for good;(b) person who terminates the enterprise;(c) person who carries out entertainment.

12. Substituted by sub‐section (a) of section 8 of the Law Amending the Commercial Tax Law, 2011
. Inserted by sub‐section (b) of section 8 of the Law Amending the Commercial Tax Law, 201114
. Substituted by section 9 of the Law Amending the Commercial Tax Law, 201113

-816. If the assessee may prove that the tax paid is more than the amount payable
or if it is found by the Township Revenue Officer, such excess shall be
refunded. The assessee has the right to claim it only within one year after
receiving the intimation of refund.

Chapter IX
Assessment or Re-assessment and Rectification of Mistake
17. (a) The Township Revenue Officer may intimate the assessee to furnish
annual return relating to any of the following matters within three years
after the end of the relevant assessment year. After doing so, assessment
or re-assessment may be carried out at any time in accord with theprovisions of this Law:(i) escaping from assessment although being liable to tax;(ii) under-assessment of tax.
Provided that, if the assessment or re-assessment is found to benecessary on account of fraud, evasion and concealment relating to theproceed of sale or receipt from service, the assessment or re-assessment
may be made at any time after the end of the relevant assessment yearwith the prior permission of the Director General of the Internal Revenue
Department.
(b) In carrying out under sub-section (a), the tax shall be calculated anddemanded only at the rate contained in the schedule effective for the
relevant year.
18. (a) The Township Revenue Officer, 15Region or State Revenue Officer or
Head of the Companies' Circle Tax Office or Appellate Tribunal may
rectify any mistake if it is found a mistake apparent from the record
relating to any of his or its assessment order or if it is submitted by theassessee or appellant, it may be rectified within three years from the date15

. Substituted by section 3 of the Law Amending the Commercial Tax Law, 2011

-9of such order. Provided that if it is to make amendment for increasing tax
or reducing refund, the assessee shall be given the right to defend.
(b) In carrying out under sub-section (a), the tax shall be calculated anddemanded only at the rate contained in the schedule effective for the
relevant year.

Chapter X
Appeal19. 16(a) If the assessee is dissatisfied, he may appeal to the followings:(i) if the tax exceeds thirty thousand kyats , to the Region or State
Revenue Officer or Head of the Companies' Circle Tax Office;(ii) if it is a decision of the Region or State Revenue Officer or Head of
the Companies' Circle Tax Office and the tax exceeds ten thousand
kyats, to the Revenue Appellate Tribunal;(iii) if it is a question of law which arises from the decision of the
Revenue Appellate Tribunal, to the Supreme Court of the Union.
(b) The assessee has the right to appeal within one month from the date ofreceipt of the order on which he is dissatisfied in accord withregulations. In counting the limitation period, the following periods shallbe excluded:(i) time required for obtaining the copy of order against which the appeal
is intended to file:(ii) time requesting for obtaining permission to appeal without paying
the tax fully.
(c) The period contained in sub-section (b) may be accepted in relaxation by
the relevant Region or State Revenue Officer or Head of the Companies'
Circle Tax Office, Revenue Appellate Tribunal or Supreme Court if
there is sufficient cause.
16. Substituted by sub‐section (a) of section 10 of the Law Amending the Commercial Tax Law, 2011

- 10 (d) The person who is desirous to appeal has the right to appeal only bycomplying with the followings:(i) paying tax which shall be paid fully, or(ii) applying to the Region or State Revenue Officer or Head of theCompanies' Circle Tax Office and complying with his decision.
(e) In disposing the appeal, an appropriate order may be passed after giving
the appellant the right of expression.
17(f) If the tax does not exceed thirty thousand kyats, the decision of theTownship Revenue Officer; if the tax does not exceed one hundred
thousand kyats, the decision of Region or State Revenue Officer or Headof Companies' Circle Tax Office; if the tax exceeds one hundred
thousand kyats and if question of law does not arise, the decision of the
Revenue Appellate Tribunal shall be final.

Chapter XI
Revision of Order Passed by the Township, Region or State Levels
20. The Director General of the Internal Revenue Department may, on his own
motion or on the application of an assessee, re-scrutinize any order passed by
the Township Revenue Officer, Region or State Revenue Officer or Head of theCompanies' Circle Tax Office and pass the appropriate order within three years
after the date of such order.
Provided that the assessee shall have no right to submit in the following
matters:(a) being not terminated the limitation for appeal or appeal is pending in
the matter in which appeal may be filed to the Region or State
Revenue Officer or Head of the Companies' Circle Tax Office;(b) being the assessee does not comply with sub-section (d) of section 19.

17. Substituted by sub‐section (b) of section 10 of the Law Amending the Commercial Tax Law, 2011

- 11 Chapter XII
Offences and Penalties
21. If any person, without sufficient cause, defaults in any of the following
matters, the Township Revenue Officer shall cause him to pay a fine equivalent
to ten percent18 of the additional tax payable in the relevant assessment;(a) failure to register;(b) failure to send intimation of commencement of operation ofenterprise;(c) failure to furnish the return within the stipulated time;(d) failure to pay tax according to the return;(e) failure to comply with the notice intimating to appear for examination
relating to assessment;(f) failure to pay tax within the days stipulated or extended to pay tax.
19

21A. If any person fails to submit the accounts stipulated to keep by the

Ministry of Finance and Revenue of the Union Government20, by notification,
under this Law without sufficient cause, the relevant Township Revenue
Officer shall cause him to pay a fine equivalent to ten percent of the tax due21.
22.(a) (i) If any person is found to have evaded payment of tax or concealed
particulars relating to the proceed of sale or receipt from service toreduce tax, he shall be allowed to disclose in full within the stipulatedtime.
(ii) If such person disclose in full within the stipulated time, he shall pay,in addition to the tax payable by him, a penalty equivalent to theamount of tax payable on account of evasion or further payment on
account of concealment.
18. Substituted by sub‐section (a) of section 11 of the Law Amending the Commercial Tax Law, 2011
. Inserted by section 7 of the Law Amending the Commercial Tax Law, 199120
. Substituted by sub‐section (b) of section 11 of the Law Amending the Commercial Tax Law, 201121
. Substituted by sub‐section (b) of section 11 of the Law Amending the Commercial Tax Law, 201119

- 12 (iii) If such person fails to disclose within the stipulated time or disclose
an amount which is less than the proceed of sale or receipt fromservice evaded or concealed, he shall pay both of the tax payable andthe penalty mentioned in clause (ii) and shall also be liable toprosecution. He shall be punished, on conviction, with imprisonment
for a term 22not exceeding one year or with a fine not exceeding one
hundred thousand kyats or with both.
(b) If any person who is found to have furnished the false return relating to
his proceed of sale or receipt from service or to have produced books ofaccounts, statements of accounts which are false or which he knows to
be false with deceitful purpose shall pay a penalty equivalent to theamount of tax payable and shall also be liable to prosecution. He shall,on conviction, be punished with imprisonment for a term not exceeding
three years or with a fine 23not exceeding three hundred thousand kyats
or with both.
23. Any person who commits any of the following offences in connection withthis Law shall be prosecuted with the permission of the authority concerned andshall, on conviction, be punished with imprisonment for a term which may
extend from three to seven years:(a) giving bribe, taking bribe;(b) attempting to give or take bribe;(c) abetting in giving or taking bribe;(d) misuse of any of the powers conferred under this Law with dishonest
or deceitful intention.

22
23

Substituted by sub‐section (a) of section 12 of the Law Amending the Commercial Tax Law, 2011
. Substituted by sub‐section (b) of section 12 of the Law Amending the Commercial Tax Law, 2011

- 13 Chapter XIII
Recovery of Tax
24. If the assessee fails to pay tax and penalty within the stipulated or extended
time, the unpaid amount shall be deemed to be an arrear and the relevant
assessee shall be deemed to be a defaulter and the Township Revenue Officer
shall recover the said arrear as if it were an arrear of income-tax. In suchrecovery, the Township Revenue Officer shall use the manners and exercise
powers provided in the Income Tax Law.

Chapter XIV
Miscellaneous
25. (a) The persons who are assigned duty under section 10 of the Law have theright to carry out the followings:(i) the right to enter and inspect any building, place or business premises
for the relevant assessment or appeal;(ii) the right to stamp marks of identification on the books of accounts or
documents found during such entry and inspection and make extracts
and copies therefrom;(b)The Township Revenue Officer has the right to carry out the followings
if he has cause to believe that books of accounts or documents requiredin any proceeding carried out under this Law are being withheld not to
produce or they will not be produced when called for, after obtaining thepermission of the relevant Region or State Revenue Officer or Head of
the Companies' Circle Tax Office:(i) the right to enter and search any building, place and businesspremises;(ii) the right to seize books of accounts or documents found in suchplace.

- 14 (c) The Township Revenue Officer may, if a matter arises to take action
urgently of the matter contained in sub-section (b), record such reasons
to believe in writing, request for a search warrant from the relevant
Township Magistrate and carry out. In doing so, the findings shall bereported soonest to the relevant Region or State Revenue Officer or
Head of the Companies' Circle Tax Office.
(d) If any matter contained in sub-section (a) and (c) is carried out, it shallbe carried out in the presence of relevant assessee or his agent and two
witnesses. If it is the matter to seize the books of accounts or
documents, an acknowledgement receipt shall be issued and they shallbe retained until the time , as may be necessary, required for inspection
before the completion of assessment or appeal.
26. The manners for assessment and collection of tax relating to the economic
organizations of the Union Government, State-owned mills, factories, trading
and service enterprises may be determined by regulations.
24

27. The Ministry of Finance and Revenue, with the approval of the Union

Government, by notification:
25(a) may prescribe tax rate forsuch foreign currency if the foreign

currency is received for carrying out sale of any goods or rendering of
any service;(b) may prescribe the tax rate in kyat if the landed value of the imported
goods are paid in kyat and in such foreign currency if it is paid inforeign currency;(c) shall prescribe the date or financial year or assessment year from which
the effectiveness will commence in issuing notification under subsections (a) and (b).

24
25.Substituted by section 4 of the Law Amending the Commercial Tax Law, 2006
. Substituted by section 13 of the Law Amending the Commercial Tax Law, 2011

- 15 28. (a) For the assessments contained in this Law, true accounts shall be
prepared and maintained in Myanmar language or English.
26(b) The Ministry of Finance and Revenue of the Union Government may
prescribe, by notification, to maintain accounts in which whatparticulars are included, to produce when required under sub-section(b) of section 14 for any category of income or any category ofassessee.

27

29. The Ministry of Finance and Revenue of the Union Government may, inorder to carry out the provisions of this Law successfully:(a) issue necessary rules, regulations or by-laws with the approval of theUnion Government;(b) issue necessary notifications, orders and directives.

30. If a matter arises to determine who is the producer, service provider orimporter for the matter contained in section 4; or who is the person necessary toregister under sub-section (a) of section 11, the decision of the Director Generalof the Internal Revenue Department shall be final.

(Sd.) xxxxx
Senior General
The State Law and Order Restoration Council

26. Substituted by section 14 of the Law Amending the Commercial Tax Law, 201127

. Substituted by section 15 of the Law Amending the Commercial Tax Law, 2011

- 16 -

Schedules of the Commercial Tax Law
Schedule I(1) If it is the imported goods, the tax shall be charged at 5 percent on thelanded cost.
(2) The tax shall not be charged if it is the goods produced in the country.

Sr. No.

Description of Goods

1.

Paddy

2.

Wheat grain

3.

Maize and other cereals

4.

Pulses5.

Groundnuts, shelled or unshelled

6.

Sesamum

7.

Mustard seed, sunflower seed, tamarind seed, cotton seed.

8.

Oil palm

9.

Raw cotton

10.

Jute and similar fibres

11.

Garlic, onions

12.

Potatoes

13.

Spices, raw (leaf, fruit, seed, bark)

14.

Species prepared

15.

Fruits, fresh

16.

Vegetables

17.

Sugarcane18.

Mulberry leaves

19.

Medicinal plants or herbs

- 17 20.

Animal feed, fresh and dried (farm products only)

28

Thatch, reeds, 'dani' and such agricultural products not elsewhere21.

specified
22.

Wood, bamboo

23.

Live animals

24.

Silk cocoons25.

Cane, finished and unfinished26.

Honey and bee wax

27.

Lac

28.

Bran and pollard of pulses

29.

Cake, meal and residue of groundnuts, sesamum, cotton seeds, ricebran etc.

30.

Soapstocks ( of oil residue)

31.

Bleaching substances ( of oil residue)

32.

Cotton ginned

33.

Coir yarn

34.

Feathers

35.

Umbrella cloth36.

Bandages, gauze, other surgical dressing materials, hospital andsurgical outfit and sundries

37.

X-ray film, plates and other X-ray, surgical and medicinalpharmaceutical apparatus and equipment

38.

Insecticides , pesticides, fungicides etc.

29

Various kinds of gun powder, various kinds of dynamites and39.

accessories thereof used by the civil departments

28
29

40.

Stamps, all sorts

41.

Defence and military stores and equipments. This category of goods may include more than one description.
. Substituted by section 8 of the Law Amending the Commercial Tax Law, 1991

- 18 42.

Sealing wax and sticks

30

Textbooks, exercise and drawing books of various kinds and papers

43.

for the production of such books and all sorts of pencils
44.

Slates, slate pencils and chalk45.

Shrimp paste (ngapi)

46.

Shrimp and fish sauces (Ngan-pya-ye)

47.

Groundnut oil, sesamum oil, sunflower seed oil, rice bran edible oiland oil cakes

30

48.

Flour (coarse and fine)49.

Pulse, split and powdered

50.

Rice, split and powdered

51.

Fresh fish, fresh prawn

52.

Sterilized and other pasteurized milk

53.

Milk powder

54.

Milk for the use of infants and invalids*55.

Chilli*56.

Saffron*57.

Ginger*58.

Fish paste*59.

Ripe tamarind**60.

National flag**61.

Various kinds of bead**62.

Various kinds of ruler, eraser, sharpener**63.

Fuel stick**64.

Coconut oil**65.

Various kinds of fowl egg. Substituted by section 8 of the Law Amending the Commercial Tax Law, 1991*. Substituted by section 9 of the Law Amending the Commercial Tax Law, 1991** Inserted by the Notification No. 104/2006 of the Ministry of Finance and Revenue dated 5‐6‐2006*** Inserted by the Notification No. 114/2012 of the Ministry of Finance and Revenue dated 15‐3‐2012

- 19 **66.

Pumpkin seeds, watermelon seeds***67.

Religious clothes (Thingan etc.)***68.

Graphite for production of pencils***69.

Condon***70.

Oil dregs

- 20 -

Schedule 2
Goods Chargeable Tax at 5 Percent
1. If it is the imported goods, the tax shall be charged on the landedcost.
2. If it is the goods produced in the country, the tax shall be charged
on the proceed of sale.
Sr.

Description of goodsNo.
1. Jams, all sort.
2. Soya bean paste, soya bean sauce and the like.
3. Tea, preserved and dries, excluding black tea.
4. Cotton seed oil, rice bran oil, inedible.
5. Household medicines and other pharmaceuticals.
6. Charcoal.
7. Fountain pens and ball point pens.
8. Cotton longyi (Coarse).
9. Shirting, cotton, grey, unbleached.
10. Drills cotton.
11. Vests.
12. Cotton yarn.
13. Chipping thread.
14. Chipping stone.
15. Limestone.
16. Road building stone and sand.
17. Electrical equipment for educational and instructional
purpose.
18. Carpenter's tools and accessories.
19. Agricultural tool and accessories.

- 21 -

20. Rope of coir, jute, cotton and other kinds of rope.
21. Household and laundry soap.
22. Hats, all sorts.
23. Sporting materials.
24. Wheel barrows.
25. Made-up track-suits for sports.
26. Methylated spirit.
27. Chemical fertilizers.
28. Salt.
29. Cooking powder.
30. Vinegar.
31. Noodles ( wet or dried) and wheat flour vermicelli.
32. Unused blank containers for soft drink.
33. Unused blank containers for purified drinking water.
34. Unused blank tin.
35. Monhinga, tick monhinga (noodle), flat noodle, rice
vermicelli, cut noodle etc.
36. Various kinds of seeds, tuber, branch sapling, sapling.
37. All sorts of mosquito repellents.
38. Rice powder ( nutritious powder for baby)
39. Snack made of rice
40. Thanakha, (block, liquid, powder, solid) including medicatedthanakha
41. Commodities such as chop stick, basket, mat, sieve, roundtray, wall made of bamboo, cane, reef (thin)
42. Various kinds of salted fish.
43. Various kinds of salted preserved prawn, fish.
44. Jaggery, brown slab sugar.
45. Animal feed (excluding cattle feed)- 22 -

46. Sprays, not insecticide, for plants, fruits, flowers and leaves.
47. Fried fish ball, fish cracker, fried meat ball, fried prawn ball,fried dry prawn, fried shrimp paste.
48. Mango pickle, marian pickle.
49. Dry prawn/ dry prawn powder.
50. Various kinds of sausage, chicken sausage and other sausage.
51. Pea milk.
52. Bean vermicelli.
53. Joss sticks, scented sticks.
54. Feminine sanitary wares for monthly use.
55. Glazed earthen pot, earthen pot.
56. Unused tubes for toothpaste.
57. Various roasted peas, fried peas.
58. Roasted pumpkin seeds, watermelon seeds (Kwarsae),
sunflower seeds.
59. Coal
60. Molasses
61. Petroleum, crude
62. Electricity for industrial use.
63. Jeep.
64. Kerosene.
65. Pearl.

- 23 -

Schedule 3
Goods Chargeable Tax at 5 Percent
1. If it is the imported goods, the tax shall be charged on the landedcost.
2. If it is the goods produced in the country, the tax shall becharged on the proceed of sale.
SerialDescription of GoodsNo.
1. Ice.
2. Milk, condensed.
3. Malt and malt flour.
4. Bread, biscuits and cakes.
5. Other foodstuff produced by bakeries.
6. Food colours.
7. Food flavours and essences.
8. Turpentine refined.
9. Tung oil and turpentine raw.
10. Engine oil, lubricants and other petroleum products notelsewhere specified.
11. Baking powder and yeast.
12. Dyes and dyestuff.
13. Chemically based compounds.
14. Petroleum cokes.
15. Chemical products produced from petroleum and petroleumcoke.
16. Parts and accessories for shoes, boots and slippers.
17. Chrome leather, sole leather, leather of sheep and goat.

- 24 -

18. Aluminium circles and plates.
19. Machine parts and accessories made of rubber.
20. Plastic raw materials.
21. Poles and posts and teak and hardwood.
22. Newspapers, journals, magazines and other printed books
and publications.
23. Papers and paperboards.
24. Cigarette papers.
25. Ink, all sorts.
26. Safety pins, pins, clips and other office stationary supplies.
27. Silk yarn.
28. Ribbons, tapes, trimming of cotton.
29. Workmen outfits.
30. Gypsum.
31. Baryte.
32. Graphite.
33. White clay, fire clay and clay powder.
34. Soapstone.
35. Dolomite stone.
36. Red, yellow and white ochres.
37. Bentonite.
38. Tarazo stone.
39. Washed clays.
40. Lead slag.
41. Marble.
42. Tin concentrates, tungsten concentrates and Tin, Tungsten
and Scheelite mixed ores.
43. Refined lead.
44. Zinc concentrates.

- 25 -

45. Copper matts.
46. Nickel speiss.
47. Antimonial lead.
48. Antimony ores.
49. Refined Lead sulphide.
50. Saws, all sort.
51. Bottles, all sort.
52. Gunny cloth and gunny bags.
53. Packing materials made of paper or paperboard.
54. Plastic bags, all sorts.
55. Boxes, barrels, buckets made of iron and iron boxes, barrels
and cups coated with various kinds of metal liquid.
56. Crown cork.
57. Glass tumblers
58. Spectacles, frames and parts for spectacles.
59. Fishing hooks.
60. Electricity (excluding industrial use.)
61. Unexposed photographic films.
62. Artist's wares.
63. Coffee powder, all sorts.
64. Tea, black.
65. Candles.
66. Raw rubber.
67. Bicycles, tyres and tubes.
68. Tyres and tubes for motor-cars and motor-cycles.
69. Rubber compounds.
70. Tyres and tubes not elsewhere specified.
71. Lacquerware.
72. Cotton longyi (fine).

- 26 -

73. Cotton fabrics, coloured, dyed and cotton sheeting whitebleached or mercerized.
74. Cotton blankets.
75. Cotton towels.
76. Printed cotton fabrics.
77. Household fabrics such as table cloth, napkin.
78. Cotton mosquito nettings.
79. Cotton fabrics, not elsewhere specified, other than lacefabrics.
80. Made-up apparel, other than those for sports.
81. Made-up mosquito nets.
82. Lime and lime powder.
83. Household utensils of brass and other metals.
84. Galvanized corrugated iron sheets
85. Agricultural machines equipments and machine tools.
86. Waving, knitting, spinning machine parts and accessories
thereof.
87. Lamp shades, bulb shades, switches, blocks, parts andaccessories thereof.
88. Electrical wires, clips and other internal electrical fittings.
89. Industrial sewing machines.
90. Road construction machines, road rollers, parts andaccessories thereof.
91. Batteries (excluding dry batteries)
92. Fire extinguishers.
93. Sanitary fixtures and fittings.
94. Plastic building materials.
95. Ball bearings.
96. Bicycles.

- 27 -

97. Bicycles spare parts and accessories.
98. Tractors, other industrial motor trucks, parts and accessories
thereof.
99. Train engines, train locomotives, coaches, spare parts andaccessories thereof.
100. Sea-going ships, other ships, motor boards, schooners, spareparts and accessories thereof.
101 Aircrafts, parts and accessories thereof.
102. Fishing nets.
103. Plastic clothes.
104. Plastic materials for household and personal use, notelsewhere specified.
105. Kerosene stoves, spare parts and accessories.
106. Raincoats.
107. Umbrella, all sorts.
108. Canvas footware, cane ball shoes and footware all sorts.
109. Malted milk preparation.
110. Cold milk, ice cream, ice bar etc.
111. Parts and accessories for domestic electrical equipment andappliances.
112. Sweets.
113. Beverages.
114. Toilet soaps.
115. Domestic sewing machines.
116. Sugar.
117. Aerated water.
118. Various kinds of charcoal stove, parts and accessories
thereof.
119. Various kinds of diesel stove, parts and accessories thereof.

- 28 -

120. Various kinds of gas stove, parts and accessories thereof.
121. Sleepers.
122. Various kinds of toothpaste.
123. Purified drinking water.
124. Cashew nut.
125. Walnut.
126. Appliances made of kapok, cotton, sponge, cork, spring etc.
127. Fabrics and utensils made of gold and silver embroidery.
128. Various kinds of shampoo.
129. Rubber balloon and rubber band.
130. Hyaline vase, hyaline cup.
131. Ready-made foodstuff such as coffee mix, tea mix, milo,
overtine, nutritious cereals.

- 29 Schedule 4
Goods Chargeable Tax at 5 Percent
1. If it is the imported goods, the tax shall be charged on the landed cost.
2. If it is the goods produced in the country, the tax shall be charged on theproceed of sale.
SerialDescription of Goods

No.
1. Artificial and synthetic pearls, diamonds and gemstones and cut
stones.
2. Household glassware other than glass vases, bottles and tumblers.
3. Marble products.
4. Macaroni.
5. Saccharine.
6. Chilly sauce and sauces, all sorts.
7. Milk cream, butter, ghee, cheese.
8. Naphthalene balls and camphor blocks.
9. Paints, pigments and other colouring and polishing materials.
10. Painters' materials ( excluding artist's wares).
11. Zip and buttons of all sorts not elsewhere specified.
12. Match flints.
13. Hair pins, hair slides, hair clips, hair grips, hair curlers and hair
dressing articles.
14. Tooth brushes.
15. Detergents and cleansing powder.
16. Various kinds of household materials made of rubber.
17. Hardwood plywood and veneers.
18. Building and constructional materials made of paperboard.
19. Paper products other than packing material.

- 30 20. Canvas cloth.
21. Linoleum and floor coverings.
22. Tarpaulins in rolls and pieces.
23. Cement.
24. Brick, brick tiles and products, fire brick.
25. Crockery ( porcelain).
26. Crockery ( enamel plated.)
27. Lamps, lanterns, parts and accessories thereof.
28. Household and toilet porcelain fittings and fixtures.
29. Household iron nails.
30. Razors, razor blades and scissors.
31. Locks, padlocks and keys.
32. Fittings and accessories for furniture, boxes and trunks.
33. Thin or heavy plates made of iron or steel, metal coated iron or
steel plates.
34. Nuts, screws, bolts made of iron or steel etc.
35. Constructional goods such as iron or steel rods, bars, billets,
wires.
36. Building and constructional goods of non-ferrous metals.
37. Plumbing fixtures and fittings.
38. Mixers, mixers' wares, stone and gravel crusher and such
constructional and miscellaneous industrial wares.
39. Iron or steel chains and anchors.
40. Miscellaneous metallic goods, other than those made of silver
and platinum, not elsewhere specified.
41. Electric motors.
42. Torches, parts and accessories thereof.
43. Electric bulbs and tubes, all sorts, other than neon bulbs andtubes for advertising.

- 31 44. Ceramic electric and telegraphic relaying and insulating
materials.
45. Meter and meter boxes.
46. Electric relaying and insulating materials.
47. Main electric transmitting equipment and accessories.
48. Mining, drilling, excavating machines, parts and accessories
thereof.
49. Electric generating machines such as electric generators,
transformers, and parts and accessories thereof.
50. Electric power distributing line, equipment and parts andaccessories thereof.
51. Telegraphic, wireless, telephone, telex, radio communicationequipment and parts and accessories thereof.
52. Parts and accessories of radio and electronic communicationequipment.
53. Measuring and surveying equipment.
54. Glass sheets and glass building and constructional goods.
55. Building and constructional goods made of concrete or asbestos.
56. Household fittings and fixtures other than porcelain materials.
57. Concrete pipes.
58. Boilers, engines, generators, parts and accessories thereof.
59. Pontoon bridges, buoys, parts and accessories thereof.
60. Cigarette cases and ashtrays, all sorts.
61. Cinematographic films, unexposed.
62. Toys, all sorts.
63. Vehicles and carriages for children, parts and accessories thereof.
64. Silver.
65. Printing press requisites and accessories not elsewhere specified.
66. Mechanical lighters, all sorts.

- 32 67. Lorries, trucks and trailers above ¼ ton.
68. Vans and buses.
69. Bowsers.
70. Cranes and winches cars.
71. Motor-car parts and accessories including frames and parts ofchassis.
72. Motorcycle parts and accessories.
73. Dry cells, all sorts.
74. Mother of pearl and shells.
75. Asbestos sheets, including roofing.
76. Stone and brick tiles other than tarazo tiles.
77. Carpets, carpetings of jute.
78. Denatured spirit.
79. Artificial cotton and silk and fabrics.
80. Fabrics of mixed or blended cotton and artificial silk and cotton.
81. Papers, paper pulp, cardboard-making machines, parts andaccessories thereof.
82. Rice mill, wheat flour mill, other cereal grinding and millingmachines, parts and accessories thereof.
83. Sugar mills, parts and accessories thereof.
84. Saw-milling machines, parts and accessories thereof.
85. Machinery, not elsewhere specified, parts and accessories
thereof.
86. Refrigerators, freezers and ice-boxes.
87. Commodities, not elsewhere specified.
88. Pure gold, gold, platinum.
89. Mixed concrete.
90. Various kinds of formica.

- 33 Schedule 5
Goods Chargeable Tax at 5 Percent
1. If it is the imported goods, the tax shall be charged on landed cost.
2. If it is the goods produced in the country, the tax shall be charged on theproceed of sale.

SerialDescription of GoodsNo.
1. Tinned provisions.
2. Isin glass.
3. Cocoa powder.
4. Toffee and Chocolates.
5. Floor polish.
6. Cinematographic file, exposed.
7. Perfumery and toilet requisites, other than medicated powder.
8. Teak and plywood containing teak.
9. Teak Sawn
10. Wood floor tiles.
11. Leather products other than for industrial use.
12. Cotton lace fabrics and cotton lace.
13. Blankets, shawls other than of cotton.
14. Artificial leather textiles.
15. Longyis, of silk and of artificial and silk mixed.
16. Synthetic silk ribbons.
17. Fabrics and made-up clothing of fur and wool.
18. Silk fabrics.
19. Motorcycles, scooters and the like.
20. Printing press, off-set, book-binding, block-making machines,

- 34 parts and accessories thereof.
21. Oil-milling machines, parts and accessories thereof.
Cinematographic cameras, projectors, parts and accessories
22. thereof (including carbons).
23. Various kinds of camera, parts and accessories thereof.
24. Binoculars, lens.
25. Typewriters, calculators, copiers, statistical machines, otheroffice machines, equipment, parts and accessories thereof.
26. Watches, clocks, chronometers, parts and accessories thereof.
27. Cutlery other than of gold, silver, gold and silver plated.
28. Furniture.
29. Filing cabinets of iron or steel etc.
30. Safes.
31. Safe cash box, treasury material, equipment and cash boxes.
32. Tarazo tiles.
33. Radios, Televisions, Video Cameras, Video players.
34. Electric stoves, electric rice cookers and microwave stoves.
35. Fiber cases, suitcases and brief cases.
36. Electric fans, electric irons, electric washing machines and watercoolers.
37. Gramophones.
38. Gramophone records, laser records and memory sticks.
39. Air conditioners.
40. Materials made of ivory, tortoise shell and other materials ofanimal origin.
41. Billiard board, billiard ball, billiard shaft and billiard equipment
and requisites.
42. Musical instruments.
43. Recorders, cassettes with radio transistor, cassettes and tapes.

- 35 44. Domestic electrical equipment and appliances not elsewhere
specified.
45. Match.
46. Furnace oil.
47. Wax.
48. Army rum.
49. Decorating materials for car.
50. Utensils made of fibre.
51. Utensils made of aluminum.
52. Computers and accessories.

- 36 Schedule 6
Relating to the goods contained in the following Schedule, if it is theimported goods, the tax shall be charged on the landed cost and if it is the goods
produced in the country, on the proceed of sale at the percentage shown against
the said goods.
SerialDescription of goods

Tax Rate

No.
1. Cigarette.

100

2. Tobacco.

50

3. Virginia tobacco, cured.

50

4. Cheroot.

50

5. Cigars, pipes, all sorts.

50

6. Pipe tobaccos.

50

7. Betel chewing preparations.

50

8. Various kinds of liquor.

50

9. Various kinds of beer.

50

10. Various kinds of wine.

50

11. Teak log and teak conversions.

50

12. Hardwood log and hardwood conversions.

50

13. Jade and other precious stones.

30

14. Light vans, saloons, sedans, light wagons, estate wagons

25

and coupe.
15. Gasoline.

10

16. Diesel oil.

10

17. Jet fuel.

10

18. Natural gas.

8

- 37 Schedule 7
The tax on the services contained in the following schedule shall becharged at the percentage shown against the said services:
SerialKind of services

No.

The amount on which

Tax

computation is to bepercentage

based
1. Railways, waterway, airway Total receipts in respect
and road transport business.

2. Entertainment business5of passenger fares

5

Total receipts

5

3. Trading business consisting Total salesof purchases and sale ofgoods.

4. Hotel, rest house.

5

Total receipts

55. Enterprise for sale of foods Total sales.
and drinks.

6. Tourism business ( including Total
business of tourist guide).

amountof5

proceeds obtained fromtourists.

7. Cleaning, oiling, repair and Total
decoration of motor vehicles.

amountofproceeds including thecost of material.

5- 38 Serial

Kind of services

No.

The amount on which

Tax

computation is to bepercentage

based
8. Insurance business except life Totalof5amountof5premium.

insurance business.

9. Beautifying and body fitness Total
businesses

amounthair proceeds including theincludingcost of materials.

dressing.

5

10. Printing business, computer Total receipts
typing and computer graphic
designing.

Total receipts

5

12. Drawing designs, decoration Total receipts

5

11. Brokerage services

andrepairing

of

land,

building and construction.

13. Advertising business, taking Totalanddeveloping

editionandamountof5

photos, proceeds including the

distribution cost of materials.

business of motion picturesand video tapes.

14. Agents,

lawyers,

accountants, auditors.

certified Total receipts5

- 39 -

THE MYANMAR STAMP ACT.
( India Act II , 1899) (1st July, 1899.)
As modified up to date.
WHEREAS it is expedient to consolidate and amend the law relating
to Stamps : It is hereby enacted as follows : CHAPTER I.
Preliminary.
Applicationof Act.
Definitions.

1. On andafter the 1st April, 1941, Schedule I of India Act 11 of 1899, as in force in

Myanmar on the 1st September 1935, shall have effect as Schedule I of this Act.
2. In this Act, unless there is something repugnant in the subject or context, (1) “ Banker ” includes a bank and any person acting as a banker :(2) “ Bill of exchange ” means a bill of exchange as defined by the Negotiable Instruments
Act, and includes also a hundi, and any other document entitling or purporting toentitle any person, whether named therein or not, to payment by any other person of,or to draw upon any other for, any sum of money:(3) “ Bill of exchange payable on demand ” includes (a)an order for the payment of any sum of money by a bill of exchange or promissory note,or for the delivery of any bill of exchange or promissory note in satisfaction of any sumof money, or for the payment of any sum of money out of any particular fund which may
or may not be available, or upon any condition or contingency which may or may not be
performed or happen;(b) an order for the payment of any sum of money weekly, monthly or at any other statedperiods, and(c) a letter of credit, that is to say, any instrument by which one person authorizes another togive credit to the person in whose favour it is drawn:(4) “ Bill of lading ” includes a through bill of lading, but does not include a mate’s receipt :(5)“ Bond ” includes -(a) any instrument whereby a person obliges himself to pay money to another, on condition thatthe obligation shall be void if a specified act is performed, or is not performed, as the case maybe;(b) any instrument attested, by a witness and not payable to order or bearer, whereby a person
obliges himself to pay money to another; and(c) any instrument so attested, whereby a person obliges himself to deliver grain or otheragricultural produce to another;(6) “ Chargeable ” means, as applied to an instrument executed or first executed

STAMP.
2

after the [ a ] the coming into operation of the constitution [a], chargeable under this Act, and as applied toany other instruments, chargeable under the law in force in the Republic of the Union of Myanmar whensuch instrument was executed or, where several persons executed the instrument at different times, first
executed;(7) “ Cheque ” means a bill of exchange drawn on a specified banker and not expressed to bepayable otherwise than on demand ;
(8)

*

*

*

*

(9) “Township Revenue Officer(Collector) ” includes any Revenue Officer and any Officer delegatedby the Director General of the Internal Revenue Department.
(10) “ Conveyance ” includes a conveyance on sale and every instrument by which property,
whether moveable or immovable is transferred inter vivos and which is not otherwise specifically provided
for by Schedule I;(11) “ Duly stamped, ” as applied to an instrument means that the instrument bears an adhesive or
impressed stamp of not less than the proper amount and that such stamp has been affixed or used inaccordance with the law for the time being in force in the Republic of the Union of Myanmar.
(12) “ Executed and execution ”used with reference to instruments, mean “signed” and “signature”;(13) Impressed stamp includes –(a) Labels affixed and impressed by the proper officer , and(b) stamps embossed or engraved on stamped paper ;(14)“ Instrument ” Includes every document by which any right or liability is, or purports to be,created , transferred , limited , extended, extinguished or recorded ;(15)“ Instrument of partition ” means any instrument whereby co-owners of any property divide

or agree to divide such property in severalty, and includes also a final order for effecting a partition passedby any revenue – authority or any civil Court and an award by an arbitrator directing a partition ;(16)“ Lease ” means a lease of immovable property, and includes also –
(a) *

*

*

*

*

*

(b) an undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay ordeliver rent for immovable property;(c) any instrument by which tolls of any description are let;(d) any writing on an application for a lease intended to signify that the application is granted;(16A) “ Marketable Security ” means a security of such a description as to be capable of being
sold in any stock market in India, in the Republic of the Union of Myanmar.
(17) “ Mortgage-deed” includes every instrument whereby , for the purpose of securing, money
advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an

STAMP.
3

engagement, one person transfers, or creates, to or in favour of another a right over or in respect ofspecified property;(18) “Paper ” includes vellum, parchment or any other material on which an instrument may be
written;(19) “ Policy of insurance ”includes –(a) any instrument by which one person, in consideration of a premium, engages to indemnify
another against loss, damage or liability arising from an unknown or contingent event;(b) a life – policy, and any policy insuring any person against accident or sickness, and any otherpersonal insurance;(20) “ Policy of sea-insurance or sea-policy ” (a) means any insurance made upon any ship or vessel (whether for marine or inland navigation),or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods,
merchandise or property of any description whatever on board of any ship or vessel or upon
the freight of, or any other interest which may be lawfully insured in, or relating to , any ship or
vessel; and(b) includes any insurance of goods, merchandise or property for any transit which includes, notonly a sea risk within the meaning of clause (a), but also any other risk incidental to the transit
insured from the commencement of the transit to the ultimate destination covered by the
insurance.
Where any person, in consideration of any sum of money paid or to be paid for additional freight orotherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description
whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods,
merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed
to be a contract for sea-insurance;(21) “Power-of-attorney ” includes any instrument (not chargeable with a fee under the law relating
to Court-fees for the time being in force) empowering a specified person to act for and in the name of theperson executing it;(22) “ Promissory note ”means a promissory note as defined by the Negotiable Instruments Act;
If also includes a note promising the payment of any sum of money out of any particular fund which
may or may not be available, or upon any condition or contingency which may or may not be performed
or happen;(23) “ Receipt ” includes any note, memorandum or writing _(a) Whereby any money, or any bill of exchange, cheque or promissory note is acknowledged
to have been received, orSTAMP.
4(b) Whereby any other moveable property is acknowledged to have been
received in satisfaction of a debt, or(c) Whereby any debt or demand, or any part of debt or demand, isacknowledged to have been satisfied or discharged, or(d) Which signifies or imports any such acknowledgment, and whether thesame is or is not signed with the name of any person ;(24)“ Settlement ” means any non – testamentary disposition in writing, of
moveable or immoveable property, made—(a) in consideration of marriage,(b) for the purpose of distributing property of the settler among his family or those for whom hedesires to provide, or for the purpose of providing for some person dependent on him, or(c) for any religious or charitable purpose ;and includes an agreement in writing to make such a disposition [ and, where any such disposition has notbeen made in writing, any instrument recording, whether by way of declaration of trust or otherwise theterms of any such disposition]; and(25)“ Soldier ” includes any person below the rank of non-commissioned officer who is enrolled
under [a] the Myanmar Army Act [a].
CHAPTER II
Stamp – duties.

A--- Of the Liability of Instruments to Duty.
Instruments
chargeablewith duty.

3. Subject to the provisions of this Act and the exemptions contained in Schedule I, the following
instruments shall be chargeable with duty of the amount indicated in that schedule as the proper duty
therefore respectively, that is to say, _(a) every instrument mentioned in that schedule which, not having beenpreviously executed by any person, is executed in the Republic of the Union of Myanmar
on or after the first day of July 1899 ;(b) every bill of exchange [ payable otherwise than on demands ]or promissory note drawn
or made out of the Republic of the Union of Myanmar on or after that day and accepted orpaid, or presented for acceptance or payment, or endorsed, transferred or otherwise
negotiated, in the Republic of the Union of Myanmar and(c) every instrument (other than a bill of exchange or promissory note ) mentioned in thatschedule, which, not having been previously executed by any person, is executed out of the
Republic of the Union of Myanmar on or after that day, relates to any property situate, or to
any matter or thing done or to be done, in the Republic of the Union of Myanmar and isreceived in the Republic of the Union of Myamar Provided that no duty shall be chargeable
in respect of —(I)
any instrument executed by, or on behalf of, or in favour of, the Government incases where, but for this exemption , Government would be liable to pay the duty
chargeable in respect of such instrument;(2) any instrument for the sale, transfer or other disposition, either absolutely or by wayof mortgage or otherwise, of any ship or vessel, or any part, interest, share orproperty of or in any ship or vessel registered under the Registration of Ships Act
as amended by subsequent Acts.

STAMP.
5
Collector &3-A.(1) Stamp duties charged by Articles 23, 33 and 40(a) respectively of Schedule I annexed totransfer ofthis Act shall, in the case of instruments affecting immovable property situated wheresoever in the wholeincreased
stampof the Republic of the Union of Myanmar, other than the Naypyitaw Development territory, the City
duties.

of Yangon Development territory and the City of Mandalay Development territory, be increased by anadditional stamp duty of 2 per centum for a consideration equal to the market value of the property
so situated.
(2) The Ministry of Finance of the Union Government shall in accord with law deposit theincreased stamp duties to the Union Fund. The Ministry of Finance of the Union Government shall there after pay theincreased stamp duties to the Township Development Funds in a prescribed manner in accordance with law.
57&58 Vict.C,60.
Severalinstruments
used in single
transactionof sale mort
-gage orsettlement.

Instruments
relating toseveraldistinct
matters.
Instruments

4 (1) Where, in the case of any sale, mortgage or settlement, several instruments
are employed for completing the transaction, the principal instrument only shall be chargeable with theduty prescribed in Schedule I for the conveyance mortgage or settlement, and each of the other
instruments shall be chargeable, with a duty of one handred Kyat instead of the duty (if any) prescribedfor it in that schedule.

(2) The parties may determine for themselves which of the instruments so
employed shall, for the purposes of sub- section (1) , be deemed to be the principal instrument: Provided
that the duty chargeable on the instrument so determined shall be the highest duty which would bechargeable in respect of any of the said instruments employed.
5. Any instrument comprising or relating to several distinct matters shall be chargeable withthe aggregate amount of the duties with which separate instruments, each comprising or relating to oneof such matters, would be chargeable under this Act.
6. Subject to the provisions of the last preceding section, an instrument so framed as to comeco mining

within two or more of the descriptions in Schedule I shall , where the duties chargeable thereunder are

within several

different, be chargeable only with the highest of such duties :descriptionsin Schedule I.

Provided that nothing in this Act contained shall render chargeable with duty exceeding one
hundred kyat a counterpart or duplicate of any instrument chargeable with duty and in respect of which
the proper duty has been paid,
6A.

57& 58Vict.,C.60.
Policies
seaInsurance.

*

*

*

*

*

7 (1)No contract for sea- insurance (other than such insurance as is referred to in section 506 of
the Merchant Shipping Act, 1894) shall be valid unless the same is expressed in a sea- policy.
(2) No sea-policy made for time shall be made for any time exceeding twelve months.
(3) No sea-policy shall be valid unless it specifies the particular risk or adventure, or thetime, for which it is made, the names of the subscribers or underwriters, and the amountor amount insured.
(4) Where any sea – insurance is made for or upon a voyage and also for time, or to extend
to or cover any time beyond thirty days after the ship shall have arrived at her destination

STAMP.
6

and been there moored at anchor, the policy shall be charged with duty as a policy foror upon a voyage, and also with duty as a policy for time.
8. (1) Notwithstanding anything in this Act, any local authority raising a loan under the provisionof the Local Authorities Loans Act or of any other law for the time being in force, by the issue of bonds,
debentures or other securities, shall, in respect of such loan, be chargeable with a duty of one per
centum on the total amount of the bonds, debentures or other securities issued by it, and such bonds,
debentures or other securities need not be stamped, and shall not be chargeable with any further duty on
renewal, consolidation, subdivision or otherwise.
(2) The provisions of sub-section (I) exempting certain bonds, debentures or other securities frombeing stamped and from being chargeable with certain further duty, shall apply to the bonds,
debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds,
debentures or other securities shall be valid, whether the same are stamped or not.
(3) In the case of wilful neglect to pay the duty required by this section, the local authority shallbe liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable,
and a like penalty for every month after the first month during which the neglect continues.
Power to reduce,
9. The Ministry of Finance may with the approval of the Union Government , by rule or order publishedremit, orin the Gazette, _compound(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of theduties.
Republic of the Union of Myanmar , “ the duties with which any instruments or any
particular class of instruments, or any of the instruments belonging to such class, or any
instruments when executed by or in favour of any particular class of persons, or by or infavour of any members of such class, are chargeable, and(b) Deleted.
(c) Provide for the composition or consolidation of duties in the case of issues by any
incorporated company or other body corporate of debentures, bonds or other marketablesecurities.
B, _ Of Stamps and the mode of using them.
Duties how to be(10).(1)Except as otherwise expressly provided in this Act,all duties with which any instruments arepaid.
chargeable shall be paid, and such payment shall be indicated on such instruments, by means ofstamps _(a)according to the provisions herein contained; or(b)Where no such provisions is applicable thereto – as the Ministry of Finance may,with the approval of the Union Government by rule direct .
(2) The rules made under sub-section (1) may, among other matters, regulate, _(a)
In the case of each kind of instrument _ the description of stamps which may be
used ;(b)
In the case of instruments stamped with impressed stamps – the number of stamps
which may be used ;(c)In the case of bills of exchange or promissory notes written in any Oriental
language – the size of the paper on which they are written.

STAMP.
7

11.

Use ofadhesivestamps.

The following instruments may be stamped with adhesive stamps , namely : (a)Instruments chargeable with the duty of ten kyat, except parts of bills of exchange

payable otherwise than on demand and drawn in sets;(b)bills of exchange and promissory notes drawn or made out of the Republic of theUnion of Myanmar;(c)entry as an advocate on the roll of the Supreme Court of the Union;(d)

notarial acts; and(e)transfers by endorsement of shares in any incorporated company or other body
corporate.

Cancellation ofadhesivestamps.

12.(1) (a)Whoever affixes any adhesive stamp to any instrument chargeable with duty
which has been executed by any person shall, when affixing such stamp, cancel
the same so that it cannot be used again;(b)

Whoever executes any instrument on any paper bearing an adhesive stamp shall,at the time of execution, unless such stamp has been already cancelled in manner
aforesaid, cancel the same so that it cannot be used again.

(2)

Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot

be used again , shall, so far as such stamp is concerned, be deemed to be unstamped.
(3)

The person required by sub- section (I) to cancel an adhesive stamp may cancel It bywriting on or across the stamp his name or initials or the name or initials of his firm with the true date of his so
writing, or in any other effectual manner.
13.
Every instrument written upon paper stamped with an impressed stamp shall be written in
Instruments
stamped withsuch manner that the stamp may appear on the face of the instrument and cannot be used for or applied to
Impressed
stamps how any other instrument.
to be written.

14.

Only one

No second instrument chargeable with duty shall be written upon a piece of stamped

paper upon which an instrument chargeable with duty has already been written:

instrument
to be onsame stamp.

Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not
chargeable with duty being made upon any instrument for the purpose of transferring any right created orevidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which
is secured thereby.
Instrument written

15 .

Every instrument written in contravention of section 13 or section 14 shall be deemed

contrary to section

to be unstamped .

STAMP.
8
13 or 14 deemed
unstamped.

16. Where the duty with which an instrument is chargeable, or its exemption from duty,

Denoting duty.

depends in any manner upon the duty actually paid in respect of another instrument, the payment of suchlast- mentioned duty shall, if application is made in writing to the Township Revenue Officer (Collector) forthat purpose, and on production of both the instruments, be denoted upon such first– mentioned instrument,by endorsement under the hand of the Township Revenue Officer(Collector) or in such other manner (ifany) as the Ministry of Finance may, with the approval of the Union Government by rule prescribe.

C – Of the time of stamping Instruments.
Instruments

17. All instruments chargeable with duty an executed by any person in the Republic of the in Union

executedof Myanmar , shall be stamped before or at the time of execution.

the Republicof the unionof Myanmar.
Instruments other than18.(1) Every instrument chargeable with duty executed only out of the Republic of the Union ofbills and note Myanmar and not being a bill of exchange or promissory note, may be stamped within three months after
executed

it has been first received in the Republic of the Union of Myanmar.

out of the
Republic of
the Union of
Myanmar.

(2) Where any such instrument cannot, with reference to the description of stamp prescribed
therefore, be duly stamped by a private person, it may be taken within the said period of three months to thethe Township Revenue Officer (Collector), who shall stamp the same, in such manner as the Ministry of
Finance may, with the approval of the Union Government by rule prescribe, with a stamp of such value as
the person so taking such instrument may require and pay for.
Bills and notes
drawn out of
the Republic

19.

The first holder in the Republic of the Union of Myanmar of any bill of exchange [ payable

otherwise than on demand] or promissory note drawn or made out of the Republic of the Union ofof the Union

Myanmar shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwiseof Myanmar.

negotiates the same in the Republic of the Union of Myanmar , affix thereto the proper stamp and cancel
the same:
provided that, (a) If, at the time any such bill of exchange or note comes into the hands of any holder thereofin the Republic of the Union of Myanmar, the proper adhesive stamp is affixed thereto
and cancelled in manner prescribed by section 12 and such holder has no reason tobelieve that such stamp was affixed or cancelled otherwise than by the person andSTAMP.
9

at the time required by this Act, such stamp shall, so far as relates to such holder, bedeemed to have been duly affixed and cancelled;(b) nothing contained in this proviso shall relieve any person from any penalty incurredby him for omitting to affix or cancel a stamp.

D,--- Of Valuations for Duty.
20.(1) Where an instrument is chargeable with ad valorem duty in respect of any money

Conversion ofamountexpressed in any currency other than that of the Republic of the Union of Myanmar, such duty shall be

expressed

calculated on the value of such money, in the currency of the Republic of the Union of Myanmar

in foreign
currencies.

according to the current rate of exchange on the day of the date of the instrument.
(2) The Current rate of exchange mentioned in the foregoing sub-section shall be the Daily
Reference Rate announced by the Central Bank of Myanmar at the day of the date of the instrument.

Stock and

21,

Where an instrument is chargeable with ad valorem duty in respect of any stock or of any

marketable

marketable or other security, such duty shall be calculated on the value of such stock or security according

securities how
to be valued.

to the average price or the value thereof on the day of the date of the instrument.
22.

Effect of state -Where an instrument contains a statement of current-rate of exchange, or average price,ment of rate

as the case may require, and is stamped in accordance with such statement, it shall, so far as of

exchange

regards the subject – matter of such statement, be presumed, until the contrary is proved, to be duly

average price. stamped.

23.

Instruments

Where interest is expressly made payable by the terms of an instrument, such instrument

reserveing

shall not be chargeable with duty higher than that with which it would have been chargeable had no

Interest.

mention of interest been made therein.

Certain instruments
connected withmortgages ofmarketablesecurities to be
chargeable asagreements.

23A. (1) Where an instrument (not being a promissory note or bill of exchange) —(a)is given upon the occasion of the deposit of any marketable security by way of
security for money advanced or to be advanced by way of loan, or for an existingor future debt; or(b)makes redeemable or qualifies a duly stamped transfer, intended as a security,of any marketable security, it shall be chargeable with duty as if it were anagreement or memorandum of an agreement chargeable with duty under Article No.
5(c) of Schedule I.
(2) A release or discharge of any such instrument shall only be chargeable with the like duty.

STAMP.
10
How transfer
24.
Where any property is transferred to any person in consideration, wholly or in part, of any
in considerdebt due to him, or subject either certainly or contingently to the payment or transfer of any money
ation ofdebt, oror stock, whether being or constituting a charge or incumbrance upon the property or not, such debt,
subject tomoney or stock is to be deemed the whole or part, as the case may be, of the consideration in respect
futurepayment , whereof the transfer is chargeable with ad valorem duty:
etc., to be
Provided that nothing in this section shall apply to any such certificate of sale as is mentioned incharged.

Article No, 18 of Schedule I.

Explanation. _ in the case of a sale of property subject to a mortgage or other incumbrance, any
unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall bedeemed to be part of the consideration for the sale:
Provided that, where property subject to a mortgage is transferred to the mortgage, he shall beentitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect ofthe mortgage.

Illustrations.
(1) A owes B 1,000 kyat, A sells a property to B, the consideration being 500 kyat and the release of theprevious debt of 1,000 kyat. Stamp – duty is payable on 1,500 kyat.
(2) A sells a property to B for 500 kyat which is subject to a mortgage to C for 1,000 kyat and unpaid interest
200 kyat, Stamp-duty is payable on 1,700 kyat.
(3) A mortgages a house of the value of 10,000 kyat to B for 5,000 kyat. B after-wards buys the house from
A. Stamp-duty is payable on 10,000 kyat less the amount of Stamp-duty already paid for the mortgage.
Valuation incase ofannuity etc.

25. Where an instrument is executed to secure the payment of an annuity or other sum payable
periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically,
the amount secured by such instrument or the consideration for such conveyance, as the case may be,shall, for the purposes of this Act, be deemed to be, --(a) Where the sum is payable for a definite period so that the total amount to be paid can bepreviously ascertained _ such total amount;(b) Where the sum is payable in perpetuity or for an indefinite time not terminable with any life
in being at the date of such instrument or conveyance—the total amount which, according
to the terms of such instrument or conveyance, will or may be payable during the period oftwenty years calculated from the date on which the first payment becomes due ; and(c) Where the sum is payable for an indefinite time terminable with any life in being at the dateof such instrument or conveyance _ the maximum amount which will or may be payable asaforesaid during the period of twelve years calculated from the date on which the firstpayment becomes due.

Stampwhere valueof subjectmatter isindeterminate.

26. Where the amount or value of the subject-matter of any instrument chargeable with advalorem duty cannot be , ascertained at the date of its execution or first execution , nothing shall beclaimable under such instrument more than the highest amount or value for which, if stated in an instrument of
the same description, the stamp actually used would, at the date of such execution, have been
sufficient :STAMP.
11

Provided that, in the case of the lease of a mine in which royalty or a share of the produce isreceived as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value ofsuch share, for the purpose of stamp-duty,(a) When the lease has been granted by or on behalf of the Government of the Republic of theUnion of Myanmar, at such amount or value as the Township Internal Revenue Officer(Collector) may, having regard to all the circumstances of the case, have estimatedas likely to be payable by way of royalty or share to the Government of the Republic of
the Union of Myanmar under the lease, or,(b) When the lease has been granted by any other person , at twenty thousand kyat a year;
and the whole amount of such royalty or share, whatever it may be, shall beclaimable under such lease:
Provided also that, where proceedings have been taken in respect or an instrument under
section 3 I or 4 I , the amount certified by the Township Revenue Officer (Collector) shall be deemed tobe the stamp actually used at the date of execution.
27.
The consideration (if any) and all other facts and circumstances affecting the chargeability
Facts affecting
duty to be setof any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly
forth in
instrument.
set forth therein.
Direction as

28. (1)

Where any property has been contracted to be sold for one consideration for the whole,

to duty in case and is conveyed to the purchaser in separate parts by different instruments, the consideration shall beof certain

apportioned in such manner as the parties think fit, provided that a distinct consideration for eachconveyances. separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeablewith ad valurem duty in respect of such distinct consideration.

(2) Where property contracted to be purchased for one consideration for the whole, by two or
more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts byseparate instruments to the persons by or for whom the same was purchased, for distinct parts of theconsideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respectof the distinct part of the consideration therein specified.

(3) Where a person, having contracted for the purchase of any property but not having
obtained a conveyance thereof, contracts to sell the same to any other person and the property is inconsequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with advalorem duty in respect of the consideration for the sale by the original purchasers to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having
obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or
persons and the property is in consequence conveyed by the original seller to different persons in parts the

STAMP.
12

conveyance of each part sold to a sub-purchaser shall be charged with ad valorem duty in respect onlyof the consideration paid by such sub-purchaser, without regard to the amount or value of the original
consideration; and the conveyance of the residue (if any) of such property to the original purchaser shallbe chargeable with ad valorem duty in respect only of the excess of the original consideration over theaggregate of the considerations paid by the sub-purchaser:
Provided that the duty on such last-mentioned conveyance shall in no case be less than one
hundred kyat.

(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is
duly stamped accordingly, any conveyance to be afterwards made to him of the same property by theoriginal seller shall be chargeable with a duty aqual to that which would be chargeable on a conveyancefor the consideration obtained by such original seller, or, where such duty would exceed five hundredkyat, with a duty of five hundred kyat.

E.----- Duty by whom payable.
Duties bywhompayable.

29.

In the absence of an agreement to the contrary, the expense of providing the proper stamp

shall be borne -------(a) in the case of any instrument described in any of the following Articles of Schedule I, namely; No, 2 (Administration Bond),[No, 6 (Agreement relating to deposite of Title – deeds , Pawn of Pledge ),]No,13 (Bill of Exchange),
No, 15 (Bond),
No, 16 (Bottomry Bond),
No. 26 (Customs Bond),
No, 27 (Debenture),
No. 32 (further Charge),
No, 34 (Indemnity- Bond),
No. 40 (Mortgage-Deed),
No. 49 (Promissory – Note),
No. 55 (Release),
No. 56 (Respondent a Bond),
No . 57 (Security Bond of Mortgage – Deed)No. 58 ( Settlement ),No. 62 ( a) (Transfer of shares in an incorporated company or other body corporate),
No. 62 (b) (Transfer of debentures , being marketable securities, whether the debenture

STAMP.
13

is liable to duty or not, except debentures provided for by section 8),
No. 62 (c) (Transfer of any interest secured by a bond, mortgage- deed or policy of
insurance ),--by the person drawing, making or executing such instrument:(b) in the case of a policy of insurance other than fire – insurance – by the person effecting theinsurance ;(bb)

in the case of a policy of fire –insurance— by the person issuing the policy;(c) in the case of a conveyance ( including a re-conveyance of mortgaged property )- by the
grantee; in the case of a lease or agreement to lease _ by the lessee or intended lessee;(d) in the case of a counterpart of a lease _ by the less or ;(e) in the case of an instrument of exchange – by the parties in equal shares;(f)in the case of a certificate of sale – by the purchaser of the property to which such certificate
relates; and(g) in the case of an instrument of partition – by the parties thereto in proportion to theirrespective shares in the whole property partitioned, or, when the partition is made in
executing of an order passed by a Revenue - authority or civil Court or arbitrator, in suchproportion as such authority, Court or arbitrator directs.
Obligation to30.

Any person receiving any money exceeding five thousand kyat in amount , or any bill ofgive receipt

exchange, cheque or promissory note for an amount exceeding five thousand kyat, or receiving inin certain

satisfaction or part satisfaction of a debt any movable property exceeding five thousand kyat in value,

case.

shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give aduty stamped receipt for the same.
*[ Any person receiving or taking credit for any premium or consideration for any renewal of any contract offire-insurance shall, within one month after receiving or taking credit for such premium or consideration,
give a duly stamped receipt for the same.
CHAPTER III.
Adjudication as to Stamps.

Adjudication
as to proper
stamp.

31.(1)

When any instrument, whether executed or not and whether previously stamped or not, isbrought to the Township Revenue Officer(Collector), and the person bringing it applies to have the opinionof that officer as to the duty (if any) with which it is charegeable, and pays a fee of such amount (notexceeding five hundred Kyat and not less than fifty kyat)as the Township Revenue Officer Collector) may ineach case direct, the Township Revenue Officer (Collector) shall determine the duty (if any) with which, in
his judgment, the instrument is chargeable.

STAMP.
14(2) For this purpose the Township Revenue Officer (Collector) may require to be furnished with
an abstract of the Instrument, and also with such affidavit or other evidence as he may deem necessary
to prove that all the facts and circumstances affecting the chargeability of the instrument with duty,or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse
to proceed upon any such application until such abstract and evidence have been furnished accordingly:
provided that _(a) no evidence furnished in pursuance of this section shall be used against any person
in any civil proceeding, except in an enquiry as to the duty with which the instrument
to which it relates is chargeable; and(b) every person by whom any such evidence is furnished shall ,on payment of the full dutywith which the instrument to which it relates is chargeable, be relieved from any penalty
which he may have incurred under this Act by reason of the omission to state truly
in such instrument any of the facts or circumstances aforesaid.
Certificate
byTownship32.(1)

When an instrument brought to the Township l Revenue Officer (Collector) under

section 31 is, in his opinion, one of the descrtiption chargeable with duty, and-

Revenue(a) The Township Revenue Officer (Collector) determines that it is already fully stamped,

Officeror(Collector).

(b) the duty determined by the Township Revenue Officer (Collector) under section 31 orsuch a sum as, with the duty already paid in respect of the instrument, is equal to theduty so determined, has been paid , the Township Revenue Officer (Collector) shallcertify by endorsement on such instrument that the full duty (stating the amount) withwhich it is chargeable has been paid.
(2) When such instrument is , in his opinion, not chargeable with duty, the Township Revenue
Officer (Collector) shall certify in manner aforesaid that such instrument is not sochargeable .
(3) Any instrument upon which an endorsement has been made under this section shall bedeemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable withduty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had
been originally duly stamped:
Provided that nothing in this section shall authorize the Township Revenue Officer (Collector ) toendorse _(a) any instrument executed or first executed in the Republic of the Union of Myanmar andbrought to him after the expiration of one month from the date of its execution or firstexection, as the case may be;

STAMP.
15(b) any instrument executed or first executed out of the Republic of the Union of Myanmar
and borught to him after the expiration of three months after it has been first received
in the Republic of the Union of Myanmar ; or(c) any instrument chargeable with the duty of ten Kyat or, any bill of exchange or
promissory note , when brought to him after the execution or drawing thereof on
paper not duly stamped.
CHAPTER IV.
Instrument not duly stamped.
Examination

33. (1) Every person having by law or consent of parties authority to receive evidence, and every

and impounding person in charge of a public office, except an officer of police , before whom any instrument chargeable,inof instruments. his opinion, with duty is produced or comes in the performance of his functuions, shall, if it appears to himthat such instrument is not duly stamped, impound, the same.
(2) For that purpose every such person shall examine every instrument so chargeable and so
produced or coming before him in order to ascertain whether it is stamped with a stamp of the value
and description required by the law in force in the Republic of the Union of Myanmar When such
instrument was executed or first executed;
Provided that (a) nothing herein contained shall be deemed to require any Magistrate or Judge of a
Criminal Court to examine or impound, if he does not think fit so to do, any instrument
coming before him in the course of any proceeding other than a proceeding under
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure:(b) in the case of a Judge of the Supreme Court of the Union, the duty of examining andimpounding any instrument under this section may be delegated to such officer as the
Court appoints in this behalf.
(3) For the purposes of this section in cases of doubte, _(a) the Ministry of Finance may, with the approval of the Union Government determine what
offices shall be deemed to be public offices, and(b) the Ministry of Finance may, with the approval of the Union Government determine
Who shall be deemed to be persons in charge of public offices.
Specialprovision
as tounstamped
receipts.
Instruments
not duly
stampedinadmissiblein evidence,etc.

34. Where any receipt chargeable with a duty of ten kyat is tendered to or produced before any
officer unstamped in the course of the audit of any public account, such officer may in his discretion,
instead of impounding the instrument, require a duly stamped receipt to be substituted therefor.
35.

No instrument chargeable with duty shall be admitted in evidence for any purpose by

any person having by law or consent of parties authority to receive evidence, or shall be acted

STAMP.
16

upon, registered or authenticated by any such person or by any public officer, unless such instrument isduly stamped:
Provided that _(a) any such instrument not being an instrument chargeable with a duty of ten kyat
only , or a bill of exchange or promissory note, shall, subject to all just exception,
be admitted in evidence on payment of the duty with which the same is chargeable or,in the case of an instrument insufficiently stamped or the amount required to make upsuch duty, together with a penalty of five hundred kyat or , when ten times the amountof the proper duty or deficient portion thereof exceeds five hundred kyat , of a sum
equal to ten times such duty or portion;(b)where any person from whom a stamped receipt could have been demanded has
given an unstamped receipt and such receipt, if stamped, would be admissible inevidence against him, then such receipt shall be admitted in evidence against him
on payment of a penalty of one hundred kyat by the person tendering it ;(c)where a contract or agreement of any kind is effected by correspondence consistingof two or more letters and any one of the letters bears the proper stamp, thecontract oragreement shall be deemed to be duly stamped;(d) nothing herein contained shall prevent the admission of any instrument in evidence inany proceeding in a criminal Court, other than a proceeding under Chapter XII or
Chapter XXXVI of the Code of Criminal Procedure;(e) nothing herein contained shall prevent the admission of any instrument in any Court
when such instrument has been executed by or on behalf of the Government, or
where it bears the certificate of the Township Revenue Officer(Collector) as provided
by section 32 or any other provision of this Act.
36.

Admission of

Where an instrument has been admitted in evidence, such admission shall not, except asprovided in section 6I, be called in question at any stage of the same suit or proceeding on the ground

instrument

where not to that the instrument has not been duly stamped.
be questioned.
Admission of37.

The Ministry of Finance may, with the approval of the Union Government make rules

improperly

providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may,stampedon payment of the duty with which the same is chargeable, be certified to be duly stamped and any

instruments.

instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.

Instruments
impounded

38. (1)

When the person impounding an instrument under section 33 has by law or consent ofparties authority to receive evidence and admits such instrument in evidence upon payment of a

STAMP.
17
How dealt

penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Townshipwith.

Revenue Officer(Collector) an authenticated copy of such instrument, together with a certificate inwriting, stating the amount of duty and penalty levied in respect thereof, and shall send such amout tothe Township Revenue Officer(Collector), or to such person as he may appoint in his behalf.

(2) In every other case, the person so impounding an instrument shall send it in original to
the Township Revenue Officer(Collector).
39. (1) When a copy of an instrument is sent to the Township Revenue Officer ( Collector )Collector’s
power tounder section 38, sub-section(1), he may, if he thinks fit, refund any portion of the penalty in excess of fiverefundhundred kyat which has been paid in respect of such instrument.
penalty(2) When such instrument has been impounded only because it has been written in
paid underthesection 38, contravention of sectcion 13 or section 14 , the Township Revenue Officer ( Collector ) may refund
wholepenaltyso
paid.
subsection(1).

Collector’s
power tostamp
instruments
impounded .

40. (1) When the Township Revenue Officer (Collector) impounds any instrument under section
33, or receives any instrument sent to him under secetion 38, Sub-section (2), not being an instrument
chargeabel with a duty of ten kyat only, or a bill of exchange or promissory note, he shall adopt thefollolwing procedure _(a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty,
he shall certify by endorsement thereon that it is duly stamped, or that it is not sochargeable, as the case my be;(b) If he is of opinion that such instrument is chargeable with duty and is not duly stamped,he shall require the payment of the proper duty or the amount required to make up
the same, together with a penalty of five hundred kyat; or, if he thinks fit, an amountnot exceeding ten times the amount of the proper duty or of the deficient portion
thereof, whether such amount exceeds or falls short of five hundred kyat :Provided that, when such instrument has been impounded only because it has been written incontravention of section 13 or section 14, the Township Revenue Officer(Collector) may, if he thinks fit, remit
the whole penalty prescribed by this section.
(2)

Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be

conclusive evidence of the matters stated therein.
(3)

Where an instrument has been sent to the Township Revenue Officer(Collector) under section

3 8, sub-section (2), the Township Revenue Officer(Collector) shall, when he has dealt with it as provided bythis section, return it to the impounding officer.
Instruments unduly
stampedbyaccident .

4I, If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty of ten kyat only or a bill of exchange or promissory note, is produced by any personof his own motion before the Township Revenue Officer (Collector) within one year from the date of its
execution or first execution, and such person brings to the notice of the Township Revenue Officer(Collector) the fact that such instrument is not duly stamped and officer to pay to the Township Revenue

STAMP.
18

Officer (Collector) the amount of the proper duty, or the amount required to make up the same, and theTownship Revenue Officer(Collector) is satisfied that the omission to duly stamp such instrument has beenoccasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and40, receive such amount and proceed as next hereinafter prescribed.
42. (1) When the duty and penalty (if any) leviable in respect of any instrument have been paid
under secion 35, section 40 or section 41, the person admitting such instrument in evidence or the Township
Revenue Officer(Collector), as the case may be, shall certify by endorsement thereon that the proper duty
or, as the case may be,the proper duty and penalty (stating the amount of each) have been levied in
respect thereof, and the name and residence of the person paying them.
(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may beregistered and acted upon and authenticated as if it had been duly stamped, and shall be deliveredon his application in this behalf to the person from whose possession it came into the hands of the officer
impounding it , or as such person may direct:
Provided that _(a) no instrument which has been admitted in evidence upon payment of duty and penalty
under section 35 shall be so delivered before the expiration of one month from thedate of such impounding, of if the Township Internal Revenue Officer(Collector) has
certified that its further detention is necessary and has not cancelled such certificate;(b) nothing in this section shall affect the Code of Civil Procedure, Order XIII, Rule 9.
Prosecution
for offence
againststamp-law.

43. The taking of proceedings or the payments of a penalty under this Chapter in respect of any
instrument shall not bar the prosecution of any person who appear to have committed an offence
against the stamp – law in respect of such instrument:
Provided that no such prosecution shall be instituted in the case of any instrument in respect ofwhich such a penalty has been paid, unless it appears to the Township Revenue Officer(Collector) that theoffence was committed with an intention evading payment of the proper duty.

Persons
Payingduty orpenaltymay
recoversame incertaincases.

44. (1) When any duty or penalty has been paid under section 35, section 37, section 40, or section
41 any person in respect of an instrument, and by agreement or under the provisions of section 29 or any
other enactment in force at the time such instrument was executed, some other person was bound to bear
the expense of providing the proper stamp for such instrument, the first mentioned person shall be entitled
to recover from such other person the amount of the duty or penalty so paid,(2) For the purpose of such recovery any certificate granted in respect of such instrument
under this Act shall be conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit be included in any order as to costs in any suit orproceeding to which such persons are parties and in which such instrument has been tendered inSTAMP.
19

evidence. If the Court does not include the amount in such order, no further proceedings for the recoveryof the amount shall be maintainable.
Power toDirector
General ofInternal
Revenue
Department
to refundpenalty orexcess duty
in certain
casess.
Non -liability
for loss of
instrument
sent under
section 38.

45. (1) When any penlty is paid under section 35 or section 40, the Director General of Internal
Revenue Department may, upon application in writing made within one year from the date of thepayment, refund such penalty wholly or in part.
(2) Where in, the opinion of the Director General of Internal Revenue Department stamp-dutyin excess of that which is legally chargeable has been charged and paid under section 35 or section 40,
such authority may, upon application in writing made within three months of the order charging the samerefund the excess.
46. (1) if any instrument sent to the Township Revenue Officer(Collector) under section 38, subsection (2), is lost, destroyed or damaged during transmission, the person sending the same shall not beliable for such loss, destructions or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into thehands of the person impounding the same, may require a copy thereof to be made at the expenseof such first mentioned person and authenticated by the person impounding such instrument.

Power ofpayer tostamp billand promissory notes
received byhimunstamped.

47. When any bill of exchange or promissory note chargeable with the duty for ten kyat ispresented for payment unstamped, the person to whom it is presented may affix thereto the necessaryadhesive stamp and , upon cancelling the same in manner hereinbefore provided, may pay the sum
payable upon such bill or note , and may charge the duty against the person who ought to have paid
the same, or deduct it from the sum payable as aforesaid, and such bill or note shall, so far as respects theduty, be deemed good and valid:
Provided that nothing herein contained shall relieve any person from any penalty or proceeding
to which he may be liable in relation to such bill or note.

Recovery of

48. All duties, penalties and other sums required to be paid under this Chapter may be recovered

duties andby the Township Revenue Officer(Collector) by distress and sale of the moveable property of the person

penalties.

from whom the same are due, or by any other process for the time being in force for the recovery ofarrears of land revenue.

STAMP.
20

CHAPTER V.
Allowances for stamps in certain cases.
Allowances
for spoiled
stamps.

49.

Subject to such rules as may be made by the Ministry of Finance of the Union Government,with the approval of the Union Government as to the evidence to be required, or the enquiry to be made,the Township Revenue Officer(Collector) may, on application made within the period prescribed in section
50, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the cases
hereinafter mentioned, namely _(a)the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error inwriting or any other means rendered unfit for the purpose intended before any instrument
written thereon is executed by any person;(b) the stamp on any document which is written out wholly or in part, but which is no signed
or executed by any party thereto;(c) in the case of bills of exchange, payable otherwise than on demand or promissory
notes(1) the stamp on any such bill of exchange signed by or on behalf of the drawer
which has not been accepted or made use of in any manner whatever or deliveredout of his hands for any purpose other than by way of tender for acceptance: provided
that the paper on which any such stamp is impressed does not bear any signatureintended as or for the acceptance of any bill of exchange to be afterwards written
thereon;(2) the stamp on any promissory note signed by or on behalf of the maker which has notbeen made use of in any manner whatever or delivered out of his hands;(3) the stamp used or intended to be used for any such bill of exchange or promissory notesigned by, or on behalf of, the drawer thereof, but which from any omission or error has
been spoiled or rendered useless, although the same, being a bill of exchange, may havebeen presented for acceptance or accepted or endorsed, or, being a promissory note,
may have been delivered to the payee: provided that another completed and duly
stamped bill of exchange or promissory note is produced identical in every particular,
except in the correction of such omission or error as a fore said, with the spoiled bill ornote;(d) the stamp used for an instrument executed by any party thereto which_(1)

has been afterwards found to be absolutely void in law from the beginning:(2)

has been afterwards found unfit, by reason of any error or mistake therein, forthe purpose originally intended;(3)

by reason of the death of any person by whom it is necessary that it should beexecuted, without having executed the same, or of the refusal of any such person

STAMP.
21

to execute the same, cannot be completed so as to effect the intended transactionin the form proposed;(4)

for want of the execution thereof by some material party, and his inability or refusal
to sign the same, is in fact incomplete and insufficient for the purpose for which it
was intended;(5)

by reason of the refusal of any person to act under the same, or to advance any
money intended to be thereby secured, or by the refusal or non-acceptance of
any office thereby granted, totally fails of the intended purpose;(6)

becomes useless in consequence of the transaction intended to be thereby
effected being effected by some other instrument between the same parties andbearing a stamp of not less value;(7)

is deficient in value and the transaction intended to be thereby effected has
been effected by some other instrument between the same parties and bearing
a stamp of not less value;(8)

is inadvertently and undesignedly spoiled, and in lieu whereof another instrument
made between the same parties and for the same purpose is executed and duly
stamped:Provided that, in the case of an executed instrument, no legal proceeding has been commenced
in which the instrument could or would have been given or offered in evidence and that the instrument isgiven up to be cancelled.

Explanation._ The certificate of the Collector under section 32 that the full duty with which an
instrument is chargeable has been paid is an impressed stamp within the meaning of this section.
Application
for relief

50 .

The application for relief under section 49 shall be made within the following periods,that is to say, _under(1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument;

secontion 49(2) in the case of stamped paper on which no instrument has been executed by any of thewhen to bemade.

parties thereto, within six months after the stamp has been spoiled;(3) in the case of a stamped paper in which an instrument has been executed by any of theparties thereto within six months after the date of the instrument, or, if it is not dated,within six months after the execution thereof by the person by whom it was first or alone
executed:
Provided that, _(a) When the spoiled instrument has been for sufficient reasons sent out of the Republic of theUnion of Myanmar, the application may be made within six months after it has been
received back in the Republic of the Union of Myanmar.

STAMP.
22(b) When , from unavoidable circumstances, any instrument for which another instrument
has been substituted cannot be given up to be cancelled within the aforesaid period,
the application may be made within six months after the date of execution of thesubstituted instrument.
51. The Director General of Internal Revenue Department or the Township Revenue Officer
Allowance incase of(Collector) if empowered by the Director General of Internal Revenue Department in this behalf may,printed forms
no longerwithout limit of time, make allowance for stamped papers used for printed forms of instruments by any
required bybankeror by any incorporated company or other body corporate, if for any sufficient reason such forms
corporations.
have ceased to be required by the said banker, company or body corporate ; provided that he is satisfied
Allowanc thatfor the duty in respect of such stamped papers has been duly paid.
misused52. (a)When any person has inadvertently used, for an instrument chargeable with duty, a stamp
stamps.

of a description other than that prescribed for such instrument by the rules made under this Act, or a stampof greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeablewith any duty ; or(b)When any stamp used for an instrument has been inadvertently rendered useless under
section 15 owing to such instrument having been writeen in contravention of the provisionsof section 13; the Township Revenue Officer(Collector) may, on an application made within
six months after the date of the instrument, or, if it is not dated, within six months after
the execution thereof by the

person by whom it was first or alone executed, and upon

the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel
and allow as spoiled the stamp so misused or rendered useless.
Alllowance for53, In any case in which allowance is made for spoiled or misused stamps, the Township Revenue
spoiled or
Officer (Collector) may give in Lieu thereof _misusedstamps how(a) other stamps of the same description and value ; or,to be made.

(b) if required and he thinks fit, stamps of any other description to the same amount in value;or,(c) at his discretion, the same value in money, deducting ten kyat for one hundred kyat or
fraction of one hundred kyat.
Allowance
for stamps
notrequiredfor use .

54.

When any person is possessed of a stamp or stamps which have not been spoiled orrendered unfit or useless for the purpose intended, but for which he has no immediate use, the Township
Revenue Officer(Collector) shall repay to such person the value of such stamp or stamps in money,
deducting ten kyat

for each one hundred kyat or portion of one hundred kyat, upon such person

STAMP.
23

delivering up the same to be cancelled, and proving to the Township Revenue Officer’s (Collector’s)
satisfaction _(a) that such stamp or stamps were purchased by such person with a bona fide intention to usethem,(b) that he has paid the full price thereof, and(c) that they were so purchased within the period of six months next preceding the date on
which they were so delivered :Provided that, where the person is a licensed vendor of stamps, the Township Revenue Officer(Collector) may, if he thinks fit, make the repayment of the sum actually paid by the vendor without
any such deduction as aforesaid,
Allowance
55.
When any duly stamped debenture is renewed by the issue of a new debenture in the sameon renewa
terms, the Township Revenue Officer (Collector) shall, upon application made within one month, repay toof certain
debentures . the person issuing such debenture, the value of the stamp on the orginal or on the new debenture, whichever

shall be less :Provided that the original debenture is produced before the Township Revenue Officer (Collector)
and cancelled by him in such manner as the Ministry of Finance may, with the approval of the Union
Government direct.

Explanation . _ A debenture shall be deemed to be renewed in the same terms within the meaningof this section notwithstanding the following changes _(a) the issue of two or more debentures in place of one original debenture, the total amountsecured being the same;(b) the issue of one debenture in place of two or more original debentures, the total amountsecured being the same ;(c) the substitution of the name of the holder at the time of renewal for the name of the original
holder; and(d) the alteration of the rate of interest or the dates of payment thereof .

STAMP.
24

CHAPTER VI.
Reference and Revision.
Control ofandstatementof case to
Director
General ofInternal
Revenue
Departm –ent.

56.(1)The powers exercisable by a Township Revenue Officer (Collector) under Chapter IV and

Chapter V and under clause (a) of the first proviso to section 26 shall in all cases be subject to the control of
the Director General of Internal Revenue Department.
(2) If any Township Revenue Officer (Collector) , acting under section 31, section 40, or section
41 feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statementof the case, and refer it with his own opinion thereon, for the decision of the Director General of Internal
Revenue Department.
(3)

The Director General of Internal Revenue Department shall consider the case and send a

copy of his decision to the Township Revenue Officer (Collector), who shall proceed to assess and charge theduty (if any) in conformity with such decision.

Statement of

57.(1) The Director General of Internal Revenue Department may state any case referred to him

case byDirector
General ofInternal
Revenue
Department
SupremeCourt.

under section 56, sub-section (2), or otherwise coming to his notice, and refer such case, With his own opinion

Power ofSupremeCourt ofthe Union
to call forfurtherparticulars
as to casestated.

58. If the Supreme Court of the Union is not satisfied that the statements contained in the case are

thereon to the Supreme Court of the Union.
(2) Every such case shall be decided by not less than three Judges of the Supreme Court, andin case of difference the opinion of the majority shall prevail.

sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the
Revenue-authority by which it was stated, to make such additions thereto or alterations therein as, the Court
may direct in that behalf.

Procedure in
59. (1) The Supreme Court of the Union upon the hearing of any such case, shall decidedisposingthe questions raised thereby, and shall deliver its judgment thereon containing the grounds on which
casestated.

such decision is founded.

(2) The Court shall send to the Revenue – authority by which the case was stated, a copyof such judgement under the seal of the Court and the signature, of the Registrar; and the Revenue-authority
shall, on receiving such copy, dispose of the case conformably to such judgement.
Statement
60. (1) If any Court, other than the Supreme Court of the Union, feels doubt as to the amount ofof cases
duty to be paid in respect of any instrument under proviso(a) to section 35, the judge may draw up a state- teby other
Courtsment of the case and refer it, with his own opinion thereon,for the decision of the Supreme Court of the Union.
to Supreme
Court of theUnion.

STAMP.
25(2) The Supreme Court of the Union shall deal with the case as if it had been referred under
section 57, and send a copy of its judgement under the seal of the Court and the signature of theRegistrar to the Director General of Internal Revenue Department and another like copy to the Judge making thereference, who shall, on receiving such copy, dispose of the case conformably to such judgment.
(3) References made under sub-section (1), when made by a Court subordinate to a District
Court, shall be made through the District Court, and when made by any subordinate Revenue Court, shall bemade through the Court immediately superior.
Revision of
61. (1) When any Court in the exercise of its civil or revenue jurisdiction or any criminal Court incertain deciany proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, makes, any ordersions ofCourtsadmitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty
regardingand a penalty under section 35, the Court to which appeals lie from, or references are made by, suchthe
sufficiency
first-mentioned Court may , of its own motion or on the application of the Township Revenue Officerof stamps.

(Collector), take such order into consideration.
(2) If such Court after such consideration, is of opinion that such instrument should hot havebeen admitted in evidence without the payment of duty and penalty under section 35,or without the
Payment of a higher duty and penalty than those paid , it may record a declaration to that effect, anddetermine the amount of duty with which such instrument is chargeable, and may require any person inwhose possession or power such instrument then is to produce the same, and may impound the same when
produced.
(3) When any declaration has been accorded under sub-section (2), the Court recording thesame shall send a copy thereof to the Township Revenue Officer (Collector), and where the instrument
to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him
such instrument.
(4) The Township Revenue Officer (Collector) may thereupon, notwithstanding anything
contained in the order admitting such instrument in evidence, or in any certificate granted under section
42 , or in section 43, prosecute any person for any offence against the stamp-law which the Township
Revenue Officer (Collector) considers him to have committed in respect of such instrument:
Provided that _(a) no such prosecution shall be instituted where the amount (including duty and penalty)
which, according to the determination of such Court, was payable in respect of the
instrument under section 35, is paid to the Township Revenue Officer (Collector), unlesshe thinks that the offence was committed with an intention of evading payment of theproper duty;(b) except for the purposes of such prosecution, no declaration made under this section
shall affect the validity of any order admitting any instrument in evidence, or of any
certificate granted under section 42.

STAMP.
26

CHAPTER VII.
Criminal Offences and Procedure.
Penaltyexecuting,etc., instrument
not duly
stamped.

62 (1)

Any person ----(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as awitness, or presenting for acceptance or payment or accepting, paying or receiving
payment of, or in any manner negotiating, any bill of exchange payable otherwise
than on demand or promissory note without the same being duly stamped; or(b) executing or signing otherwise than as a witness any other instrument chargeablewith duty without the same being duly stamped; or(c) voting or attempting to vote under any proxy not duly stamped; shall for every suchoffence be punishable with fine which may extend to one hundred thousand kyat:

Provided that, when any penalty has been paid in respect of any instrument under section 35,
Section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine ( if any)
subsequently imposed under this section in respect of the same instrument upon the person who paid
such penalty.
(2) If a share – warrant is issued without being duly stamped, the company issuing the same,and also every person who, at the time when it is issued, is the managing Director or Secretary or otherprincipal officer of the company, shall be punishable with fine which may extend one hundred thousand
Penalty for
failure tocanceladhesivestamp.

kyat. _
63. Any person required by section 12 to cancel an adhesive stamp, and failing to cancelsuch stamp in manner prescribe by that section, shall be punishable with fine which may extend to
one hundred thousand kyat.

Penalty foromission tocomplywithprovision ofsection 27.

64. Any person who, with intent to defraud the Government _(a) executes any instrument in which all the facts and circumstances required by section
27 to be set forth in such instrument are not fully and truly set forth; or truly set forth; or(b) being employed or concerned in or about the preparation of any instrument, neglects
or omits fully and truly to set forth therein all such facts and circumstances; or(c) does any other act calculated to deprive the Government of any duty or penalty.

under this Act; shall be punishable with fine which may extend from a minimum offifty thousand kyat to a maximum of five hundred thousand kyat.
Penalty for refusal
to give receipt andfor devices toevade duty onreceipts.

65. Any person who, --(a) being required under section 30 to give a receipt, refuses or neglects to give thesame;or(b) with intent to defraud the Government of any duty upon a payment of money of

STAMP.
27

delivery of property exceeding five thousand kyat in amount or value, gives a receipt
for an amount or value not exceeding five thousand kyat or separates or divides
the money or divides the money or property paid or delivered;shall be punishable with fine which may extend to twenty thousand kyat.
66. Any person who _Penalty for
not making
out policy, or
making one
not duly
stamped.

(a) receives, or takes credit for, any premium or consideration for any contract of insurance
and does not, within one month after receiving, or taking credit for, such premium or
consideration, make out and execute a duly stamped policy of such insurance; or(b) makes, executes or delivers out any policy which is not duly stamped, or pays or allows
in account, or agrees to pay or allow in account, any money upon, or in respect of, anysuch policy ; shall be punishable with fine which may extend to forty thousand kyat.

Penalty for not
67. Any person drawing or executing a bill of exchange payable otherwise than on demand or
drawing fulla policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the
number of bills
same time drawing or executing on paper duly stamped the whole number of bills or policies of which
or marine
policies purpor- such bill or policy purports the set to consist, shall be punishable with fine which may extend to twoting to be in
hundred thousand kyat.
sets .

Penalty for
postdatingbills, and forother devices
to defraud therevenue.

68.

Penalty forbreach of rule
relating to saleof stamps andfor unauthor ized sale.

69.(a)

Institution andconduct ofprosecutions.

70. (1) No Prosecution in respect of any offence punishable under this Act shall be instituted

Any person who ---(a) with intent to defraud the Government of duty , draws, makes or issues any bill of
exchange or promissory note bearing a date subsequent to that on which suchbill or note is actually drawn or made; or(b) Knowing that such bill or note has been so post-dated, endorses, transfers, presents
for acceptance or payment, or accepts, pays or receives payment of, such bill ornote, or in any manner negotiates the same ; or(c) with the like intent, practices or is concerned in any act, contrivance or device notspecially provided for by this Act or any other law for the time being in force; shall bepunishable with fine which may extend to two thousand kyat.
Any person appointed to sell stamps who disobeys any rule made under section 74,and(b) Any person not so appointed who sells or offers for sale any stamp other than a ten kyatadhesive stamp ; shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to one hundred thousand kyat, or with both, and(c) any person who is in illegal possession of any stamp.

without the sanction of the Township Revenue Officer (Collector) or such other officer as The Ministry of
Finance may, with the approval of the Union Government generally, or theTownship Revenue Officer(Collector) specially, authorizes in that behalf,

STAMP.
28(2) The Director General of Internal Revenue Department, or any officer generally or specially,
authorized by him in this behalf, may stay any such prosecution or compound any such offence,(3) The amount of any such composition shall be recoverable in the manner provided bysection 48.
Jurisdiction ofMagistrates.

Place of trial.

71. No Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the second class shall try any offence under the Act.
72. Every such offence committed in respect of any instrument may be tried in any district inwhich such instrument is found as well as in any district** in which such offence might be tried under the
Code of Criminal Procedure for the time being in force.

CHAPTER VIII.
Supplementary Provisions.
Books, etc., to73. Every public officer having in his custody any registers, books. records, papers, documents

be open toor proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to theinspection.

discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any
person authorized in writing by the Township Revenue Officer (Collector) to inspect for such purpose theregisters, books, papers, documents and proceedings, and to take such notes and extracts as he may
deem necessary, without fee or charge.

Powers tomake rules
relating tosale ofstamps.

74. The Ministry of Finance may, with the approval of the Union Government make rules forregulating _(a) the supply and sale of stamps and stamped papers,(b) the persons by whom alone such sale is to be conducted and(c) the duties and remuneration of such persons :Provided that such rules shall not restrict the sale of ten kyat adhesive stamps.

power tomake rules
geneally
to carryout Act.
Publication ofrules.

75. The Ministry of Finance may, with the approval of the Union Government may make rules to carryout generally the purpose of this Act, and may by such rules prescribe the fines, which shall inno case exceed five hundred thousand kyat, to be incurred on breach thereof.
76. (1)All rules made under this Act shall be published in the Gazette.
(2) All rules published as required by this section shall, upon such publication; have effectas if enacted by this Act,

Delegation of
76 A, The Ministry of Finance may, with the approval of the Union Government , bycertainnotification in the Gazette, delegate---powers.
,

STAMP.
29(a) all or any of the powers conferred on him by sections 2 (9); 33 (3) (b), 70 (I), 74 and 78 to
The Ministry of Finance may, with the approval of the Union Government; and(b) all or any of the powers conferred on The Ministry of Finance may, with the approvalof the Union Government by section 45 (I) (2), 56 (I) and 70 (2) to such subordinate
Revenue authority as may be specified in the notification.
Saving as toCourt- Fees.

77. Nothing in this Act contained shall be deemed to affect the duties chargeable under
any enactment // for the time being in force relating to court-fees.
78. *79. [ Repealed by Act X of 1914. ]THE TRANSFER OF IMMOVEABLE PROPERTYRESTRICTION ACT (1987)[Unofficial Translation]
Pyithuhlyuttaw Act 1, 1987
[Exact date unknown]
Chapter 1
Title and Definition
1. This law shall be called the Transfer of Immoveable Property Restriction Act.
2. The following expressions contained in this Law shall have the meanings given hereunder:(a) “State” means Union of Socialist Republic of Burma.
(b) “Foreigner” includes the following –(i) According to the Burmese Citizen Act, any person who is not a citizen of the Union; any
person who is not a guest citizen or any person who is not allowed to be a citizen.
(ii) According to the Burmese Citizen Act, any person whose citizenship has ceased or any
person who has withdrawn their citizenship, guest citizenship or their allowance to be a
citizen.
(c) “Foreigner owned company” means a company or partnership organization whose
administration and control is not vested in the hands of the citizens of the Union or whose
major interest or shares are not held by citizens of the Union.
(d) “Immoveable property” means land, benefits from the land, building and things
constructed or situated on that land and things installed on those buildings.
(e) “Transfer”, “loan”, “sell”, “give away”, “pawn” and “exchange” shall have the meanings
assigned to them in the Transfer of Property Act.
(f) “Give away” shall include donation or “entrusted in believe”.
Chapter 2
Restrictions on Immoveable Property
3. No person shall sell, buy, give away, pawn, exchange or transfer by any means immovable
property with a foreigner or foreigner owned company.
4. No foreigner or foreign owned company shall acquire immovable property by way ofpurchase, gift, pawn, exchange or transfer.
Housing, Land And Property Laws In Force577

5. No person shall grant a lease of immovable property, for a term exceeding one year:(a) To a foreigner or foreigner owned company.
(b) No foreigner or foreigner owned company shall receive a lease of immovable property,
for a term exceeding one year.
6. Whenever a foreigner dies or departs totally to a foreign country or is deported, therelevant Ministry shall scrutinize each case with the relevant procedures and, as regards any
relevant immovable property owned by the foreigner, either:(a) Allow inheritance according to the law.
(b) Confiscate the immovable property as state-owned property.
7. If the inheritance is allowed according to Section 6 subsection (a), the heir who will
inherit the immoveable property should be in accordance with any Court decision madeunder th Inheritance Act or agreement between the inheritors.
Chapter 3
Registration
8. A foreigner or foreigner owned company must register any immoveable property and thelocation of such immoveable property in the state concerned to the respective TownshipPeople Council according to the relevant procedure.
9. Prior to the enactment of this law, any foreigner who is staying abroad or a foreigner
owned company must register their immoveable property and the location of such to therespective Township People Council according to the relevant procedure through theiragent.
10. Executive members of Township People Council must inquire and investigate any
concealment of registration mentioned under Section 8 and 9, according to the relevant
procedure.
Chapter 4
Penalties
11. Whoever contravenes the provisions of section 3 or 4 shall be sentenced to a minimumof three years and a maximum of five years imprisonment and the relevant immovable
property shall be confiscated as public property.
12. Whoever contravenes the provisions of section 5 shall be punished with a fine notexceeding three times the rent agreed upon for the entire period of the lease and the relevant
immovable property shall be confiscated as public property.
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13. Whoever if found, after enquiry by the Township People Council, to have contravened
the registration provisions in section 8 or section 9, shall be sentenced to a minimum of one
year and a maximum of three years imprisonment and the relevant immoveable property inthe case shall be confiscated as public property.
Chapter 5General
14. The relevant Ministry may allow exemptions from the provisions of this Act to a foreign
government for the use of its diplomatic mission accredited to the Union of Burma or toUnited Nations’ organizations or to any other organizations of individuals.
15. The provision of this Act do not apply to companies or organizations that have relevant
beneficial contracts with the state.
16. The relevant ministry, assigned by the cabinet of ministers, can scrutinize and decide toallow registration or not of immoveable property that was in the registration office before
this act was prescribed.
17. Prior permission from the relevant ministry is required prior to any prosecution of
offences committed under this Act.
18. To carry out the provisions of this act, the relevant ministry shall:(a) Issue necessary procedures with the agreement of the cabinet of ministers.
(b) Issue necessary orders and directives.
19. The following enacted law and bye-law are hereby withdrawn.
(a) The Transfer of Immoveable Property (Restriction) Act, 1947.
(b) The Transfer of Immoveable Property (Restriction) Act, 1956.

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