1. Sector: All Sectors
Subsector:
- Manufacturing of products for security and defense being specified by the notification of the Government of Myanmar from time to time. (ISIC 2927, 7522)
- Manufacturing and related services of arms and ammunition for the national defense. (ISIC 2927)
- Issuing the national postage stamps; establishment and hiring of post office and postboxes which are only to be performed by the post office operator on behalf of the Union. (ISIC 6411, 2221)
- Air Traffic Services
- Pilotage services (CPC 6752)
- Management of natural forest and forest area except the business relating to reduction of carbon emission (ISIC 0200)
- Feasibility study and _ production § of tadioactive metals such as uranium and thorium (ISIC 1200, 2330)
- Administration of electric power system (CPC 8631)
- Inspection of electrical business (CPC 8621)
- Inspection of electrical equipment
- Construction, operation and management of power transmission network
Industry Classification: ISIC, CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description:
The above-mentioned subsectors are to be carried out only by the Union.
Source of Measure:
- Myanmar Investment Law (2016), Section 42 (a)
- Paragraph 1(a) of the Notification No.15/2017 of the Myanmar Investment Commission
2. Sector: All Sectors
Subsector:
- Publishing and distribution of periodicals in ethnic languages including Myanmar (ISIC 2212, CPC 3241, 8911, 8912)
- Freshwater fishing and related services (ISIC 0500, CPC 0421, 8615)
- Establishment of quarantine station for exportation and importation of animals (Livestock Breeding and _ Veterinary Department shall undertake to inspect animals and to issue permits) (ISIC 0500, CPC 8352, 8359, 8612)
- Pet care service (CPC 8351, 86129)
- Extraction of forest products from forest area and government administered natural forest (ISIC 0200, 0230)
- Prospecting, exploration feasibility study and production of mineral for small and medium scale businesses in accordance with the Mines Law (ISIC 1110, 1421, 1429)
- Refinement of minerals by medium scale and small scale (ISIC 2320)
- Performing shallow oil wells up (ISIC 1030, 1110)
- Printing and issuing sticker for visa and stay permit for foreigners (ISIC 2221, 6411, CPC 89122, 91210)
- Prospecting, exploration and production of jade or gemstones (ISIC 1429, 3691)
- Tour guide service (CPC 8555)
- Mini-market, convenience stores (floor area must be above (100 ft x 100 ft) 10,000 square feet or 929 square meter
Industry Classification (ISIC/CPC): ISIC, CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description:
Foreign investors are not allowed to carry out the investment activities in the above-mentioned subsectors.
Source of Measure
- Myanmar Investment Law (2016), Section 42(b)
- Paragraph 1(b) of Notification No. 15/2017 of the Myanmar Investment Commission
3. Sector: All Sectors
Subsector:
- Construction for fish landing site or fishing harbor and fish auction market (ISIC 0500, 4520, 4530)
- Research activities related with fishery (CPC 8114)
- Veterinary clinic (CPC 8351, 8352, 8559)
- Cultivation of crops in agriculture land, distribution of agriculture products for local market and export (ISIC 0111, 0112)
- Manufacturing and domestic marketing of plastic product (ISIC 2520, 1920)
- Manufacturing and domestic distribution of chemicals based on available natural resources (ISIC 1110, 1120, 2411)
- Manufacturing and domestic distribution of flammable solid, liquid, gaseous fuel and aerosol (Acetylene, Gasoline, Propane, Hair Sprays, Perfume, Deodorant, Insect spray) (ISIC 2411, 4020, 5141, 5050, 2320, 2424)
- Manufacturing and domestic marketing of oxidant (Oxygen, Hydrogen Peroxide) and compressed gas (Acetone, Argon, Hydrogen, Nitrogen, Acetylene) (ISIC 2411, 2812)
- Manufacturing and domestic marketing of corrosive chemical (Sulphur Acid, Nitric Acid) (ISIC 2411, 2421, 2429)
- Manufacturing and distribution of industrial chemical gas including compressed, liquefied and solid forms (ISIC 2411, 2412, 2429, 2330, 5149)
- Value added manufacturing and domestic distribution of cereal product such as biscuit, wafer, all kinds of noodles and vermicelli (ISIC 1531,1544, 1549)
- Manufacturing and domestic distribution of all kind of confectionery including those of sweet, cocoa and chocolate (ISIC 1543, 2925)
- Preserving, canning, processing and domestic distribution of food product except milk and dairy product (ISIC 1512, 1513, 1532, 1542)
- Manufacturing and domestic marketing of malt and malt liquors and non-aerated products (ISIC 1553)
- Manufacturing, distilling, blending, rectifying, bottling and domestic distribution of all kinds of spirits, alcohol, alcoholic beverages and non-alcoholic beverages (ISIC 1551, 1552, 1554, 3131)
- Manufacturing and domestic distribution of all kinds of purified ice (ISIC 1554, 4100)
- Manufacturing and domestic distribution of purified drinking water (ISIC 1554, 4100)
- Manufacturing and domestic distribution of all kinds of soap (ISIC 2424, 5139, 5211)
- Manufacturing and domestic wholesale of all kinds of cosmetic product (ISIC 5139, 5211)
- Development, sale and lease of residential apartment and condominium (ISIC 4520, 4530, 7010)
- Movie production (ISIC 9211, 9213, 9214)
- Local Tour Service (CPC 8554)
- Transportation agency for patients to overseas hospitals (CPC 93121)
Industry Classification: ISIC, CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description:
Foreign investors are allowed to carry out the investment activities in the above-mentioned subsectors only in the form of a joint venture with Myanmar citizen owned entity or Myanmar citizen. The foreign equity ratio shall not be more than 80 per cent in the joint venture company under the Myanmar Investment Rules.
Source of Measure
- Myanmar Investment Law (2016), Section 42 (c)
- Myanmar Investment Rules (2017), Rule 22
- Paragraph 1(c) of Notification No. 15/2017 of the Myanmar Investment Commission
4. Sector: All Sectors (Land Ownership)
Subsector:
Industry Classification:
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description:
State is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the State and shall permit citizens tight of private property, right of inheritance, right of private initiative and patent in accordance with the Law under the Myanmar Constitution 2008.
Section 50(a) of the Myanmar Investment Law (2016) provides that an investor who obtains a permit or an endorsement under this Law has the right to obtain a long-term lease of land or building from the private owned or from the relevant government departments, governmental organizations managed by the Government of Myanmar, or owned by the Union in accordance with the stipulations in order to do investment.
Citizen investors may invest in their own land or building in accordance with relevant laws. Section 50(e) of the Myanmar Investment Law (2016) provides that the Government of Myanmar may grant more favorable terms and conditions for the lease of land and the use of land by Myanmar citizen investors.
However, government-owned lands, lands owned by the government department, organization and private lands owned by the citizens can be leased up to initially 50 years depending upon the category of business, industry and the volume of amount and can be extendable for two consecutive terms of 10 years subject to the approval of the Myanmar Investment Commission.
According the Vacant, Fallow and Virgin Lands Management Law (2012), if the persons/organisations want to use the vacant, fallow and virgin lands for the purpose of doing agricultural, livestock, production of minerals, and other business activities allowed by the government under the existing laws, the ones shall apply to the central committee or respective management committee. No one shall allow the aforementioned lands to be mortgaged, transferred, sold, hired, transferred by other means or partially divided.
For the PPP projects, the term of their business operation shall be allowed to carry out the maximum period of 30 years and two consecutive terms of 10 years extension to such term in accordance with the stipulation.
For real estate activities with own or leased property (ISID 6810), rental or leasing services involving own or leased non-residential property (CPC 72114), monetary intermediation banks (ISIC 6419) and financial services, except investment banking, insurance services and pension services (CPC 711), as the long-term lease of the foreign banks, no person shall grant a lease of immovable property, for a term exceeding one year:
(a) to a foreigner or foreign owned company
(b) no foreigner or foreign owned company shall receive a lease of immovable property for a term exceeding owned company.
According to the approval of the Union Government, Foreign Bank branches and subsidiaries can extend the term of the Lease Agreement for lease of land and building for banking services up to 10 years after obtaining approval from the Central Bank of Myanmar.
Source of Measure
- The Constitution of the Republic of the Union of Myanmar (2008)
- Myanmar Investment Law (2016)
- Transfer of Immovable Property Restriction Act (1987)
- Farmland Law (2012), Chapter Ill, Section 9 (a-f)
- Vacant, Fallow and Virgin Lands Management Law (2012), Chapter IV, Section 11 (a-e), Chapter V, Section 12, 14.
- Vacant, Fallow and Virgin Lands Management Law (2012), Section 5 (d) and (e), Section 16 (c)
- Directive of the Ministry of Investment and Foreign Economic Relations dated 3 May 2022
- Letter No: 74/ 168/ Pa Hta Pha (3/2021) dated 13-12-2021 of the Union Government.
- Letter No: Ma Ba Ba/ MP/ FIR/ Bank Regulation/Htwe (179/2022) dated 21-3- 2022 of the Central Bank of Myanmar
5. Sector : All Sectors
Subsector:
Industry Classification
Level of Government : Central
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description: According to Section 76 of the Myanmar Investment Law (2016), the Government may undertake or allow with respect to:
- funding capacity building and training for Myanmar Citizen investors and citizen-owned small and medium enterprises; and
- exemptions and reliefs for the locations where Myanmar Citizen-owned business Operate or undertake other economic activities.
Source of Measure : Myanmar Investment Law (2016), Section 76
6. Sector: All sectors
Subsector:
Industry Classification:
Level of Government: Central
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description: The following investments activities are stipulated as the prohibited investments under Section 41 of Myanmar Investment Law:
(a) investment activities which may bring or cause hazardous or poisonous wastes into the Union;
(b) investment activities which may bring technologies, medicines, flora and fauna and instruments which are still being tested abroad, or which have not obtained approvals to use, plant or cultivate, except the investments which are made for the purpose of research and development;
(c) investment activities which may affect the traditional culture and customs of the ethnic groups within the Union;
(d) investment activities which may affect the public;
(e) investment activities which may cause an enormous harmful impact to the natural environment and ecosystem;
(f) investment activities which manufacture goods or provide services that are prohibited under the applicable laws.
Source of Measure:
- Myanmar Investment Law (2016), Section 41
- Myanmar Investment Rules (2017), Rule 12
7. Sector: All sectors
Subsector:
Industry Classification:
Level of Government: Central or Regional
Obligations Concerned: Senior Management and Board of Directors
Description: Myanmar reserves the rights to maintain existing measures relating to composition of board of directors which refers that a director shall be a resident in the Union.
Source of Measure: Myanmar Companies Law (2017)
8. Sector: Manufacturing
Subsector:
- Manufacturing and distribution of medicines which are produced by using narcotic drugs and psychotropic substances (ISIC 3522)
- Cross ownership between print media and broadcasting media service (ISIC 2211-2230)
- Publishing of periodical newspapers in foreign languages (ISIC 2212)
- Broadcasting FM radio programmes (ISIC 6010, CPC 8461, 8462)
- Broadcasting Direct to Home (DTH) programmes (ISIC 6020, CPC 846)
- Broadcasting DVB-T2 programmes (ISIC 6020, CPC 846)