Investment procedures

MIC PERMIT AND INVESTMENT ENDORSEMENT

The Myanmar Investment Law (MIL) 2016 introduces two categories of investment approval procedures—MIC permit and investment endorsement. These are generally referred to as MIC Permit Procedure and Investment Endorsement Procedure. The introduction of invest-ment endorsement procedure has significantly simplified and eased the investment proce-dures in Myanmar. It is not possible to apply for both—an MIC permit and an endorsement.

MIC Permit

Before the MIL, any investor had to submit a proposal to MIC for a permit, regardless of the business size if they intended to benefit from MIC incentives. According to the MIL, far fewer proposals will be screened and permitted by the MIC. Investors shall submit a proposal to the Commission and invest after receiving the permit for the following investment activities stipu-lated in the rules:

(a) Investment activities that are essential to the national strategy;

(b) Large capital-intensive investment projects;

(c) Projects which are likely to cause a large impact on the environment and the local community;

(d) Investment activities which use state-owned land and buildings; and

(e) Investment activities which are designated by the government to require the sub-mission of a proposal to the Commission.

Investment Endorsement

If investors are not in the category of investment activities which require an MIC permit as described above (under Section 36 of the MIL), the investors are not to require to submit a permit proposal to the MIC.

However, in order to enjoy the right to use land under Chapter XII, and one or more of the exemptions and reliefs under Sections 75, 77 and 78 of the law, the investors should undergo an investment endorsement application process.

The following sections provide more detailed navigational guide for investors to identify the procedures which they should undergo given the specifications and details of their proposed investment project.

NAVIGATIONAL CHECKLIST FOR INVESTORS

The following checklist enables investors to navigate themselves which investment procedure—MIC Permit or Endorsement—they will need to undergo or not through either of these procedures. Based on the detailed information of the investors’ project, they can check the project according to the screening checklist, the detailed stipulations in the MIL and related Rules and Notifications and know which procedure will apply to their proposed project, at which institutions they should submit the project to and for which procedures (e.g. to MIC for MIC Permit or Endorsement, or to Region/State Investment Committee in Regions/States for Endorsement).

CHECKLIST OF DOCUMENTS TO BE PROVIDED IN THE
MIC PERMIT DOSSIER PACKAGE

INVESTMENT DIVISION 1: Agriculture, Wood-based Industry, Livestock and Fisher-ies, Foodstuff Industry sectors

When applying for MIC Permit under Section 36 of Myanmar Investment Law, investors in the agriculture, wood-based industry, livestock and fisheries, and foodstuff industry sectors shall have to submit the following documents in their MIC Permit Application Package:
1 Proposal Form (2)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of raw materials
8 Land rights authorization (Form 7-A)
9 Evidence of the land ownership
10 Land lease agreement (draft)
11 Location map/layout plan
12 Recruitment of employees (local/foreign)
13 Social security for employees, social welfare plan, CSR program, firefighting system
14 Production plan
15 Photo of sample product

INVESTMENT DIVISION 2: Manufacturing (except for Food and Wood-processing In-dustry)

When applying for MIC Permit under Section 36 of Myanmar Investment Law, investors in the manufacturing sector shall have to submit the following documents in their MIC Permit Appli-cation Package:
1 Proposal Form (2)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of raw materials
8 Land rights authorization (Form 7-A)
9 Evidence of the land ownership
10 Land lease agreement (draft)
11 Location map/layout plan
12 Recruitment of employees (local/foreign)
13 Social security for employees, social welfare plan, CSR program, firefighting system
14 Production plan
15 CMP contract (only CMP basis)

INVESTMENT DIVISION 3: Hotel & Tourism, Real Estate Development, Transport & Telecommunication, Construction, Establishment of Industrial Estate sectors

When applying for MIC Permit under Section 36 of Myanmar Investment Law, investors in the hotel & tourism, real estate development, transport & telecommunication, construction, estab-lishment of industrial estate sectors shall have to submit the following documents in their MIC

Permit Application Package:
1 Proposal Form (2)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of construction materials (not available in local)
8 Land rights authorization (Form 7-A)
9 Evidence of land ownership
10 Land lease agreement (draft)
11 Location map/layout plan
12 Recruitment of employees (local/foreign)
13 Annual services
14 Investment plan
15 Social security for employees, social welfare plan, CSR program, building design, firefighting system (plot plan, water and electricity requirement, waste water treat-ment plan for industrial estate sector)

INVESTMENT DIVISION 4: Extractive Industries, Power and Other Sector

When applying for MIC Permit under Section 36 of the Myanmar Investment Law, investors in the sectors of Mining, Oil and Gas, Power and Other Services shall have to submit the follow-ing documents in their MIC Permit Application Package:
1 Proposal Form (2)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of raw materials
8 Construction materials (not available locally)
9 Land rights authorization (Form 7-A)
10 Evidence of land ownership
11 Land lease agreement (draft)
12 Location map/layout plan
13 Recruitment of employees (local/foreign)
14 Social security for employees, social welfare plan, CSR program, firefighting system
15 Production plan
16 In submitting a proposal, in accordance with Section 36 of MIL, any proposal having the following conditions shall be submitted through the relevant ministry:
(a) having a significant ownership interest in the investment by government organ-ization;
(b) having been granted or intending to grant concessions to the investor by gov-ernment department and government organization; or
(c) being required or authorized by law to do so by government department and government organization

For contact information about Divisions at DICA Head Office (Yangon) and DICA branch offices in Regions and States, see: Appendix 2 and Appendix 3 respec-tively.

CHECKLIST OF DOCUMENTS TO BE PROVIDED IN THE
MIC ENDORSEMENT APPLICATION DOSSIER PACKAGE

INVESTMENT DIVISION 1: Agriculture, Wood-based Industry, Livestock and Fisher-ies, Foodstuff Industry

When applying for MIC Endorsement in the sectors of agriculture, wood-based industry, live-stock and fisheries, and foodstuff industry, the investors have to submit the following docu-ments:
1 Endorsement application form (4-A)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of raw materials
8 Land rights authorization (Form 7-A)
9 Evidence of the land ownership
10 Land lease agreement (draft)
11 Location map/layout plan
12 Recruitment of employees (local/foreign)
13 Social security for employees, social welfare plan, CSR program, firefighting system
14 Production plan
15 Photo of sample product

INVESTMENT DIVISION 2: Manufacturing (except for Food and Wood-processing In-dustry)

When applying for MIC Endorsement in the manufacturing sector (except for food and wood-processing industry), the investors have to submit the following documents:
1 Endorsement application form (4-A)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of raw materials
8 Land rights authorization (Form 7-A)
9 Evidence of the land ownership
10 Land lease agreement (draft)
11 Location map/layout plan
12 Recruitment of employees (local/foreign)
13 Social security for employees, social welfare plan, CSR program, firefighting system
14 Production plan
15 CMP contract (only CMP basis)

INVESTMENT DIVISION 3: Hotel & Tourism and Real Estate Development

When applying for MIC Endorsement in the sectors of hotel & tourism and real estate devel-opment, the investors have to submit the following documents:
1 Endorsement application form (4-A)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of construction materials (not available in local)
8 Land rights authorization (Form 7-A)
9 Evidence of land ownership
10 Land lease agreement (draft)
11 Location map/layout plan
12 Recruitment of employees (local/foreign)
13 Annual services
14 Social security for employees, social welfare plan, CSR program, building design, firefighting system

INVESTMENT DIVISION 4: Extractive Industries, Power and Other Sector

When applying for MIC Endorsement in the sectors of mining, oil & gas, power and other services, the investors have to submit the following documents:
1 Endorsement application form (4-A)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Financial documents (bank statement)
5 Joint venture agreement (only in the form of JV)
6 List of machinery and equipment (to be imported)
7 List of raw materials
8 Construction materials (not available locally)
9 Land rights authorization (Form 7-A)
10 Evidence of land ownership
11 Land lease agreement (draft)
12 Location map/layout plan
13 Recruitment of employees (local/foreign)
14 Social security for employees, social welfare plan, CSR program, and firefighting system
15 Production plan

CHECKLIST OF DOCUMENTS IN THE DOSSIER FOR
INVESTMENT ENDORSEMENT AT REGION AND STATE OFFICES

investment endorsement application form:
1 Endorsement application form (4-B)
2 Copy of company registration certificate
3 Copies of identification card/passport
4 Joint Venture contract (Draft) (if Joint Venture)
5 List of machinery and equipment (to be imported)
6 List of raw materials
7 Land rights authorization (Form 7-B)
8 Land lease agreement (draft)
9 Evidence of land ownership/location map/layout plan
10 Recruitment of employees (local/foreign)
11 Production plan
12 Financial documents (bank statement)
13 CMP contract (only for CMP basis)
14 Amount of annual service and service plan, if service enterprises
15 According to the type of enterprise, permission of relevant organization or License or Permit or equivalent documents (Section 38)
16 Social security for employees, social welfare plan, CSR program, firefighting system

SERVICE FEES

The Directorate of Investment and Company Administration, Ministry of Planning and Finance, prescribed fees and late lodgement fees under the Myanmar Companies Law 2017 in its No-tification No 57/2018, dated July 9, 2018, signed by U Aung Naing Oo, Registrar, Directorate of Investment and Company Administration. The Notification comes into effect on August 1, 2018. The fees are mentioned as follows:

LIST OF RELEVANT LAWS, RULES AND NOTIFICATIONS

Major laws and regulations related to investment in Myanmar are listed below. The above guides should be read in reference with these laws and regulations:

  • Myanmar Investment Law

Myanmar Investment Law (The Pyidaungsu Hluttaw Law No 40/2016) on 18th October, 2016

  • Myanmar Investment Rules

Myanmar Investment Rules (Government of the Republic of the Union of Myanmar Ministry of Planning and Finance Notification No 35/2017 on 30th March, 2017)

  • Announcement on Deadline Submission of Investment Proposals

Notification No 123/2016 (16th November, 2016) by Myanmar Investment Commission of the Republic of the Union of Myanmar regarding the Announcement on Deadline Submission of Investment Proposals in accordance with Myanmar Foreign Investment Law and Myanmar Citizens Investment Law

  • Designation of Development Zone

Notification No 10/2017 by the Myanmar Investment Commission of the Republic of the Union of Myanmar on 22nd February, 2017 regarding Designation of Development Zone

  • Prescribing investment capital amount for investment activities for State and Regional Investment Committees to issue endorsement order

Notification 11/2017 by the Myanmar Investment Commission of the Republic of the Union of Myanmar on 3rd March, 2017, prescribing investment capital amount for in-vestment activities for State and Regional Investment Committees to issue endorse-ment order

  • Classification of Promoted Sector

Notification No 13/2017 by the Myanmar Investment Commission of the Republic of the Union of Myanmar on 1st April, 2017, regarding Classification of Promoted Sector

  • Prescribing the List of Restricted Investment Activities

Notification No 15/2017 by the Myanmar Investment Commission of the Republic of the Union of Myanmar on 10th April, 2017, prescribing the List of Restricted Investment Activities

INVESTMENT POLICY

This investment policy supports the implementation of the Government of the Republic of the Union of Myanmar’s 12-point Economic Policy.

  1. Responsible and mutually beneficial foreign investment are welcomed.
  2. The Myanmar Investment Commission and relevant government agencies will facili-tate foreign investment through transparent, clear and expeditious procedures.
  3. The establishment of supportive environment for all investors with macroeconomic stability, rule of law, credible dispute settlement procedures, and a reliable banking system the proper functioning of economic infrastructure will be carried out.
  4. As foreign investments is very crucial for national development, the Union Govern-ment will-

(a) establish a predictable regulatory framework with non- discriminatory treatment be-tween foreign and local businesses.

(b) protect businesses from disputed seizures.

(c) protect the right to transfer profits and other repatriations in accordance the law after payment of taxes and other payment obligations.

(d) provide long- term land lease for approved investments in accordance with the law.

  1. Local and foreign investors must comply with the principles of responsible business conduct including in relation to environmental and natural resources matters.
  2. Foreigners are not permitted to conduct certain businesses relating to national secu-rity, and culture and social affairs. These restricted business activities will be made publicly available.
  3. The following investments will particularly be welcomed and encouraged:

(a) Productivity-enhancing and value-adding agro-based industries with linkages to regional and global supply chains.

(b) Activities that enable technology transfer and value added domestic production.

(c) Activities that support the development of small and medium enterprises.

(d) Investments for rapid infrastructure development.

(e) Investments that create job opportunities and delivery of vocational education support development of human capacity.

(f) Investments to be made in economically less developed regions.

(g) Investment to develop industrial cities and special economic clusters.

(h) Investments related to tourism.

Reference from www.dica.gov.mm