- Private Driver Training School Business
Industry Classification:
Level of Government: Central
Obligations Concerned: National Treatment
Description: In terms of the Chapter 5, Rule 132 and Chapter 7, Rule 227 of the Road Safety and Motor Vehicles Management Rules (2022), a person who wants to apply the above-mentioned subsectors shall be:
(a) a citizen or an associate citizen or a naturalized citizen; or
(b) a company owned by the citizen and legally registered under the Myanmar Companies Law and shall not be owned by foreign entities.
Source of Measure:
- Chapter 5 of the Road Safety and Motor Vehicles Management Rules (2022)
- Chapter 7 of the Road Safety and Motor Vehicles Management Rules (2022)
26. Sector: Transport
Subsector:
- Air Traffic Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Civil Aviation Training Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft Repair and Maintenance Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Airport Hotel Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Ground Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Selling and Marketing of Air Transport Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Computer Reservation System (CRS) Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft Leasing without Crew Services (CPC 73116)
- Aircraft Leasing with Crew Services (CPC 66031)
- Air Freight Forwarding Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft Line Maintenance Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Ramp Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Passenger Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Baggage Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Cargo Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Refueling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Airport Security Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft catering services
- Leasing aircraft related items (ISIC 7730, CPC 7312)
Industry Classification: CPC or as defined in Annex (A) to the Notifications No. 15/2017 of Myanmar Investment Commission
Level of Government: All levels
Obligations Concerned: National Treatment, Senior Management and Board of Directors
Description: The above-mentioned subsectors shall be carried out with the approval of the relevant ministries under the Paragraph 1 (d) of Myanmar Investment Commission Notification No. 15/2017.
According to the decision made by the 10/2015 Meeting of the Executive Committee of the Ministry of Transport and Communications, foreign investments in air transport services are allowed only in the form of Joint Venture (JV) and foreign equity participation in the JV shall not exceed 49 per cent.
According to Rule 139 of the Myanmar Aircraft Rules (2018), no air transport service shall be established or shall operate within Myanmar, except under the authority of, and in accordance with, a license issued by the Director General of the Department of Civil Aviation.
According to the aforementioned Rule, the Director General of the Department of Civil Aviation may permit for the operation of air transport services to or access Myanmar from and to places outside Myanmar by persons not domiciled in Myanmar or by companies registered elsewhere than in Myanmar with aircraft registered elsewhere than in Myanmar on such terms and conditions as he may think fit.
Source of Measure:
- Notification No.15/2017 of Myanmar Investment Commission;
- Decision made by the 10/3015 Meeting of the Executive Committee of the Ministry of Transport and Communications;
- Rules 139 of the Myanmar Aircraft Rules (2018);
27. Sector: Transport
Subsector: Domestic Air Transport Services and International Air Transport Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
Industry Classification:
Level of Government: Central
Obligations Concerned: National Treatment, Senior Management and Board of Directors
Description: According to Section 3 of the State-owned Economic Enterprises Law (1989), The Government of Myanmar has the sole right to carry out air transport services as State-owned economic enterprises.
According to Section 4 of the aforementioned law, the Government of Myanmar may, by notification, permit, in the interest of Myanmar, air transport services to be carried out by joint- venture between the Government and any other person or any other economic organization or by any person or any economic organization subject to conditions.
According to Notification No. 15/2017 of Myanmar Investment Commission, investment activities regarding air transport services (domestic air transport services and international air transport services) are required to be carried out with the approval of the Ministry of Transport and Communications.
According to the decision made by the 10/2015 Meeting of the Executive Committee of the Ministry of Transport and Communications, foreign investments in air transport services are allowed only in the form of Joint Venture (JV) and foreign equity participation in the JV shall not exceed 49 per cent.
According to Rule 139 of the Myanmar Aircraft Rules (2018), no air transport service shall be established or shall operate within Myanmar, except under the authority of, and in accordance with, a license issued by the Director General of the Department of Civil Aviation.
According to the aforementioned Rule, the Director General of the Department of Civil Aviation may permit for the operation of air transport services to or access Myanmar from and to places outside Myanmar by persons not domiciled in Myanmar or by companies registered elsewhere than in Myanmar with aircraft registered elsewhere than in Myanmar on such terms and conditions as he may think fit.
Source of Measure:
- Sections 3 and 4 of the State-owned Economic Enterprises Law (1989);
- Notification No. 15/2017 of Myanmar Investment Commission;
- Decision made by the 10/2015 Meeting of the Executive Committee of the Ministry of Transport and Communications;
- Rule 139 of the Myanmar Aircraft Rules (2018);
28. Sector: Transport
Subsector: Air Transport (Registration of aircraft on national register)
Industry Classification:
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: According to Rule 47 (b) of the Myanmar Aircraft Rules (2018), an aircraft may be registered in Myanmar in one or other of the following categories, namely;
(1) Category A. If the aircraft is wholly owned either-
(aa) by organizations controlled by the Union Level authority, by the Region or State level authority or by local authorities; or
(bb) by citizens of Myanmar; or
(cc) by companies or other associations organized under the laws in force in Myanmar, not less than 65 per cent of whose capital is owned by the Government, or by any Region or State, or by any local authority or by citizens of Myanmar; and
(2) Category B. If the aircraft is wholly owned either-
(aa) by persons, resident in or carrying on business in Myanmar, who are not citizens of Myanmar; or
(bb) by companies or other associations which do not qualify for Category A but are carrying on business in Myanmar.
According to Rule 27 of the Myanmar Aircraft Rules (2018), aircraft registered in accordance with Category B contained in Rule 47 of Chapter IV shall not be used as an aerial work aircraft or as a public transport aircraft. However, the Ministry of Transport and Communications may, from time to time, permit and impose restrictions on the performance of aerial work or public transport by aircraft other than those registered in accordance with Category A contained in Rule 47 of Chapter IV, and such restrictions shall be deemed to have been effectively imposed if they have been notified in writing to the owner or operator of such aircraft.
Source of Measure:
Rule 27 and 47 (b) of the Myanmar Aircraft Rules (2018);
29. Sector: Transport
Subsector: Airport Constructions, Maintenances, Managements and Operations (CPC 53122, 53213, 54122, 54619)
Industry Classification: CPC
Level of Government: Central
Obligations Concerned: National Treatment
Description: According to Rule 127 of the Myanmar Aircraft Rules (2018), a license and/or certificate for an aerodrome shall not be granted to any person other than a citizen of Myanmar or a company or corporation registered and having its principal place of business in Myanmar.
The above-mentioned subsector shall be carried out by the approval of the Ministry of Transport and Communications according to the Paragraph 1(d) of the Myanmar Investment Commission Notification No. 15/2017.
Source of Measure:
- Myanmar Investment Law, Section 42 (d)
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
- Rule 127 of the Myanmar Aircraft Rules (2018);
30. Sector: Transport Services
Subsector: Shipyards capable of operating for building and repairing of ship and afloat structures (CPC 6751; ISIC 3011)
Industry Classification: CPC, ISIC
Level of Government: Central or Regional
Obligations Concerned : National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: The investor who operates the subsector shall provide requirements for technology, research and development.
In this business activity, at least 51 per cent of Myanmar engineers, staff and executive members of the company shall be employed as required by Department of Marine Administration.
Investment activity in the above-mentioned subsector shall be carried out with the approval of the Ministry of Transport and Communication under the Paragraph 1(d) of Myanmar Investment Commission Notification No. 15/2017.
Source of Measure:
- ACS Rules and Regulations (International Association of Classification
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
31. Sector: Maritime Transport Services
Subsector:
- Coastal and Inland Water Transport Service for Passenger (CPC 6423, 6412)
- Coastal and Inland Water Transport Service for Cargo (CPC 6521, 6522)
Industry Classification: CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: The 100 per cent ownership of Myanmar citizen can be registered for Myanmar vessel in line with the provision of Section 5 of the Myanmar Registration of Ships Act.
Only Myanmar citizen crew shall be employed in the vessels registered in Myanmar as required by the Myanmar Registration of Ships Act.
Only Myanmar registered vessels could be obtained service license to carry out any water transport services in accordance with the provision of Section 11 of the Myanmar Coastal and Inland Water Transport Service License Law.
Source of Measure:
The Myanmar Registration of Ships Act and the Myanmar Coastal and Inland Water Transport Service License Law
32. Sector: Maritime Transport Services
Subsector:
- International Transport Service for Passenger (not including coastal) (CPC 6423)
- International Transport Service for Cargo (not including coastal) (CPC 6521)
Industry Classification: CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: The above-mentioned subsector shall be carried out with the approval of the Ministry of Transport and Communications according to the Paragraph 1(d) of Myanmar Investment Commission Notification No. 15/2017.
The investor who operates the subsector shall provide the requirements for agency service according to the Myanma Port Authority Law.
Source of Measure:
- Myanma Port Authority Law (2015)
- Myanmar Investment Law, Section 42 (d)
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
33. Sector: Maritime Transport Services
Subsector: Supporting Service for Water Transport (CPC 652)
Industry Classification: CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: The investor who operates the subsector shall employ Myanmar Citizen as per rules and regulations imposed by Department of Marine Administration (DMA) and this business shall be required permission according to rules and regulations of DMA.
Investment activity in the above-mentioned subsector shall be carried out with the approval of the Ministry of Transport and Communication under the Paragraph 1(d) of Myanmar Investment Commission Notification No. 15/2017.
Source of Measure:
- Myanmar Coastal and Inland Transport Service License Law (2015)
- Paragraph 1(d) of Notification No. 15/2017 of the Myanmar Investment Commission
34. Sector: Maritime Transport Services
Subsector: Maritime Education and Training Centre (CPC 92919)
Industry Classification: CPC
Level of Government: Central or Regional
Obligations Concerned: National Treatment
Description: According to the provisions of paragraph (8) of Directive (4/2013) issued by the Department of Marine Administration (DMA), Maritime Training Institute approved by the Director General of the DMA should conduct only courses approved by the Director General.
Moreover, Maritime Training Centre (MTC) that would like to apply Institute Approval must be owned by the Myanmar citizen in accordance with the DMAâs procedures for MTC to apply permission.
The instructors and assessors who will conduct the courses must meet the DMA's standards for instructor and assessor qualifications, as well as possess the necessary certificates.
The above-mentioned subsector shall be carried out by the approval of the Ministry of Transport and Communications according to the Paragraph 1(d) of the Myanmar Investment Commission Notification No. 15/2017.
Source of Measure: