Source of Measure:
- State-owned Economic Enterprises Law (1989)
- State-owned Economic Enterprises Law Related Directives
16. Sector: Mining and Quarrying and Services incidental to Mining and Quarrying
Subsector:
- Prospecting, survey, feasibility study and exploration with foreign investment for large scale production of mineral (ISIC 1010, 1020, 1310,1410)
- Prospecting, survey, feasibility study and exploration with citizen investment for small, medium and large scale production of mineral (ISIC 1010, 1020, 1310, 1410)
- Manufacturing and marketing of gems, jewellery and finished product with foreign investment (ISIC 1429, 3691)
- Exploration, finishing and marketing of gem, jewellery and its product with citizen investment (ISIC 1429, 3691)
Industry Classification: ISIC, CPC
Level of Government: Central
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: Under Section 3 of the State-owned Economic Enterprises Law (1989), the Government of Myanmar has the sole right to carry out the following economic activities as state-owned economic enterprises:
1. Exploration, extraction and export of pearl, jade and precious stone; and
2. Exploration, extraction and export of mineral.
According to Section 4 of the State-owned Economic Enterprises Law (1989), the Government of Myanmar may, by notification, permit in the interest of Myanmar any economic enterprise which is prescribed under Section 3 of the State-owned Economic Enterprises Law (1989) to be operated solely by the Government of Myanmar to be carried out by joint venture between the Government of Myanmar and any other person or any other economic organization or by any person or any economic organization subject to conditions.
According to Section 5 of the State-owned Economic Enterprises Law (1989), the Government of Myanmar may, by notification, prohibit or prescribe conditions regarding the purchase, procurement, improvement, storage, possession, transport, sale and transfer of products derived from or produced by or used by economic enterprises which are prescribed under Section 3 of the State-owned Economic Enterprises Law (1989), to be carried out solely by the Government of Myanmar.
Investment activities in the above-mentioned subsectors shall be carried out with the approval of the relevant ministries under Paragraph 1(d) of Myanmar Investment Commission Notification No.15/2017.
Source of Measure:
- State-owned Economic Enterprises Law (1989)
- Myanmar Mines Law 1994 and its Amendment Law (2015)
- Myanmar Investment Law (2016), Section 42 Co)
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
17. Sector: Mining and Quarrying and Services incidental to Mining and Quarrying
Subsector:
- Importing, producing, constructing and installing of equipment, accessory and part of installation as for construction of the various kind of off shore drilling (ISIC 3511, 4510, 1110, 1120)
- Importing, producing, constructing and installing of equipment, accessory and part of installation as for exploring and interpreting of oil and gas by geological, geophysical and geochemical methods (ISIC 3511, 4510, 1110, 1120)
- Importing, producing, constructing and installing of equipment, accessory and part of installation as for exploiting, producing and researching of oil and gas (ISIC 3511, 4510, 1110, 1120)
- Importing, producing, constructing and installing of equipment, accessory and part of installation as for transporting and constructing pipeline network for oil and gas (ISIC 4020, 4510, 4520, 4530)
Industry Classification: ISIC, CPC
Level of Government: Central
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: Under Section 3 of the State-owned Economic Enterprises Law (1989), the Government of Myanmar has the sole right to carry out the exploration, extraction and sale of petroleum and natural gas and production of products of the same as state-owned economic enterprises.
According to Section 4 of the State-owned Economic Enterprises Law (1989), the Government of Myanmar may, by notification, permit in the interest of Myanmar any economic enterprise which is prescribed under Section 3 of the State-owned Economic Enterprises Law (1989) to be operated solely by the Government of Myanmar to be carried out by joint venture between the Government of Myanmar and any other person or any other economic organization or under conditions by any person or any economic organization subject to conditions.
According to Section 5 of the State-owned Economic Enterprises Law (1989), the Government of Myanmar may, by notification, prohibit or prescribe conditions regarding the purchase, procurement, improvement, storage, possession, transport, sale and transfer of products derived from or produced by or used by economic enterprises which are prescribed under Section 3 of the State-owned Economic Enterprises Law (1989) to be carried out solely by the Government of Myanmar.
Investment activities in the above-mentioned subsectors shall be carried out with the approval of the relevant ministries under Paragraph 1(d) of Myanmar Investment Commission Notification No.15/2017.
Source of Measure:
- State-owned Economic Enterprises Law (1989)
- Oil fields Act 1918 and its amendment law (2010)
- Petroleum and Petroleum Product Law (2017)
- Myanmar Investment Law (2016), Section 42 (d)
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
18. Sector: Mining and quarrying
Subsector: Exploring and interpreting of oil and gas by geological and geochemical methods, and importing, producing, constructing and installing of equipment, accessories and part of installation for such related businesses (ISIC 0910, 0991, 7120)
Industry Classification: ISIC
Level of Government: Central
Obligations Concerned: National Treatment
Description: The above-mentioned activity shall be carried out with the approval of the Ministry of Electrical Power according to the Paragraph 1(d) of the Myanmar Investment Commission Notification No. (15/2017) and the Petroleum and Petroleum Product Law (2017)
Source of Measure:
Myanmar Investment Law, Section 42 (d) Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission Petroleum and Petroleum Product Law (2017)
19. Sector: Mining and quarrying
Subsector:
- Constructing and installing all kinds of offshore platforms, and importing, producing, constructing and installing as for such related businesses (ISIC 2511)
- Importing, exporting, transporting, storage, distribution and selling of oil, gas and petroleum products, and construction and implementation of storage tank, loading port, pipe line, related machineries and equipment and building for such related businesses (ISIC 2512)
- Construction of the various type of refinery, maintaining and upgrading of old refinery and implementation of work (ISIC 4100)
- Exploiting, producing and testing of oil and gas importing, producing, construction and installing of equipment, accessories and part of installation as for such related businesses (ISIC 0910)
- Transporting and _ constructing pipeline network for oil and gas, importing, producing, construction and installing of equipment, accessories and part of installations as for such related businesses (ISIC 1910)
Industry Classification: ISIC
Level of Government: Central
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description: The above-mentioned activity shall be carried out with the approval of the Ministry of Electrical Power according to the Paragraph 1(d) of the Myanmar Investment Commission Notification No. (15/2017) and the Petroleum and Petroleum Product Law (2017)
Source of Measure:
- Myanmar Investment Law, Section 42 (d)
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
- Petroleum and Petroleum Product Law (2017)
20. Sector: Mining
Subsector:
- Medium scale and small scale of prospecting, exploration, feasibility study, production, processing, selling, and purchasing of mineral (ISIC 0510, 0520, 0710, 0721, 0729, 0990)
- Refinement of minerals by medium scale and small scale (ISIC 2410)
Industry Classification: ISIC
Level of Government: Central
Obligations Concerned: National Treatment
Description: Foreigners and Foreign Companies are not allowed for prospecting, exploration, feasibility study, processing, selling and purchasing, and production mineral for small and medium scale business.
Small Scale Mineral Production is:
Defined as 20 acres (0.08 square kilometers) for Raw Material and Stone.
Defined as 10 acres (0.04 square kilometers) for other metals, except for gold and precious metals.
Defined as 4 acres (0.016 square kilometers) for gold and precious metals.
Medium Scale Mineral Production is defined as up to 247.1 acres (1 square kilometer).
The above-mentioned subsectors are not allowed to be carried out by foreign investor according to the Paragraph 1(b) of the Myanmar Investment Commission Notification No. 15/2017.
Source of Measure:
- Myanmar Mines Law (2015), Section 4
- Myanmar Mines Rules (2018), Rule 4, 12, 20, 35, 46, 99, 109
- The Myanmar Investment Law, Section 42 (b)
- Paragraph 1(b) of Notification No. 15/2017 of the Myanmar Investment Commission
21. Sector: Mining
Subsector: Jade, gemstone prospecting, exploration and extraction to operate
Industry Classification: ISIC 0990, 3211
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: The above-mentioned activity shall not be allowed by foreign investor.
Company or co-operative society which specified under the Section 2, Sub-section (m) and Section 2, Sub-section (n) of the Myanmar Gem Law (2019), can operate a gem extraction according to Section 11 of the Myanmar Gem Law (2019). The gem extraction shall also conform to the conditions prescribed by the Ministry.
According to Section 13 of the Myanmar Gem Law (2019), the Ministry shall issue a permit to the company or co-operative society which is approved for medium scale extraction as the bit offered by such company or society conforms to the stipulations specified in the rules under this law.
According to Section 63 of the Myanmar Gem Law (2019), the Union Government may for the interest of the State, allow any company, co- operative society or individual to prospect and explore gems in any appropriate area within a region where gems may be produced, by prescribing terms and conditions.
The above-mentioned subsectors are not allowed to be carried out by foreign investor according to the Paragraph 1(b) of the Myanmar Investment Commission Notification No. 15/2017.
Source of Measure:
- Sections 2, 11, 13 and 63 of the Myanmar Gem Law (2019)
- Myanmar Investment Law, Section 42 (b)
- Paragraph 1(b) of Notification No. 15/2017 of the Myanmar Investment Commission
22. Sector: Construction
Subsector:
- All) roads administered by Ministry of Construction, all parallel roads to be constructed at those existing roads, city by pass roads to be newly constructed on those toads as necessary, all roads to be linked with those roads (ISIC 4210)
- Construction of elevated express way, tunnel, inner ring road, outer ring road, interchange, underpass, over pass or flyover, semi underground road and submersible tunnel (ISIC 4210, (42103, 42104, 42105, 42101, 42102))
- Construction of bridge which is over 180 ft. and above (ISIC 4210 (42102), (42103)
- Production and domestic marketing of bridge connection items (PC Strand, PC bar, Anchor, etc.), steel frame, bally frame, plate girder, steel truss, bridge and related steel structure concrete, steel concrete, compressive strength of concrete and etc. (ISIC 2395, 24100)
- Urban development which is above 100 acres (ISIC 4100, 421, 422, CPC 532 (53290))
- Building and marketing of residential apartment having the floor of 50,000 square meter and affordable housing which related to Industrial Zone (ISIC 4100, 6810)
- Urban Redevelopment which is above 4 acres of land in the capital of the Region or State excluding Nay Pyi Taw, Yangon and Mandalay (ISIC 4100, 421, 422, 4290, CPC 532 (53290))
- Development of new city/town (ISIC 410, 421, 422, CPC 5411, 8321)
Industry Classification: ISIC, CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: Investment activities in the above-mentioned subsectors shall be carried out with the approval of the relevant ministries under Paragraph 1(d) of Myanmar Investment Commission Notification No.15/2017.
Source of Measure:
- Myanmar Investment Law (2016), Section 42 (d)
- Paragraph 1(d) of Notification No.15/2017 of the Myanmar Investment Commission
23. Sector: Hotels and Tourism
Subsector: Tourist Guide/Tour Guide (CPC 8555) Industry Classification CPG
Level of Government: Central
Obligations Concerned: National Treatment
Description: According to the Notification No. 1/2020 (Rule 35 of the Myanmar Tourism Rules), a foreign investor shall not be allowed to operate in Tourist Guide Business in Myanmar.
Tour Guide Service is not allowed to carry out by the foreign investor according to the Notification No. 15/2017 of the Myanmar Investment Commission.
Source of Measure:
- Myanmar Tourism Law (2018)
- Myanmar Tourism Rules (2020)
- Notification No. 1/2020 of the Ministry of Hotels and Tourism
- Myanmar Investment Law (2016), Section 42 (b)
- Paragraph 1(b) of Notification No. 15/2017 of the Myanmar Investment Commission
24. Sector: Road Transport
Subsector
- Passenger Transportation
- Freight Transportation
Industry Classification:
Level of Government: Central
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Director
Description: Under the Article 26 (b) of the Road Transport Operations Law (2016), a transport operator who performs cross border transport operations from the State to any other contracting party shall possess more than half of the capital by the Myanmar citizen if he operates the joint venture with a foreigner, and have the right to administer in the administrative sector more than the foreigner.
Source of Measure:
Article 26 b) of the Road Transport Operations Law (2016)
25. Sector: Road Transport Sector
Subsector:
- Private Vehicle Inspection Business