ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU

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ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
ENTREPRENEURS’ GUIDE
    TO MYANMAR
         2019

                 ©Zarni Myo Win Photography
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
About CCI France Myanmar              4    Need a team?                         28

    CCI France Myanmar Editorial          5    General overview                     29

    About MYEA                             6   How to find a team?                  30

    MYEA Editorial                         7   What will it cost me?                31

    Myanmar General Overview              8    Compliance                           32
                                               Taxes                                33

    What should I know before coming in        Law considerations                   34

    Myanmar?                              10
    Economy                               11   Doing business in Myanmar            36

    Infrastructures                       12   Myanmar business culture             37

    Visa and permit                       14   How to prospect?                     38

    Local authorities                     16   Managing daily life                  39

    How to set up a company?              18   Going international                  40

    What activity?                        19   Find investors                       41

    What status and how to register?      20
    Licenses and how to get them?         21   Contacts                             42
                                               Business incubators & accelerators   43

    How to settle down?                   22   Contributors                         44

    Find an office space                  23
    Connectivity                          25
    Equipment and IT Tools                26

2                                                                                        3
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
Guillaume Rebiere
The French Business Association in Myanmar            companies who want to enter the Myanmar mar-
                                                                                                                                         Executive Director
(Association Franco-Myanmar des Affaires), was        ket and/or operate in the country. In addition to
                                                                                                                                         CCI France Myanmar
founded in 1996, making it the first Western           missions, delegations and market studies, it offers
Chamber of Commerce in Myanmar. It officially          wage portage services as well as office space for
became CCI France Myanmar in 2013, two years          rent, in all-inclusive attractive packages for new-
after the country started its democratic transi-      comers. After successfully developing its Business    Being an entrepreneur is a challenge of every          “Makers” who are creating the Myanmar of to-
tion, and grew from 33 to 170 Members in only 5       Centre in Yangon, it has even opened a second         instant. It is not a career but a way of life.         morrow, who are working against all odds to
years, bringing together 15 nationalities (45%        Business Centre in Mandalay, in 2018, the first                                                               bring about a better future.
                                                                                                            For many, it means starting a company with just
French, 40% Myanmar, 15% others).                     Western Chamber to ever do so in the country.
                                                                                                            an idea and few resources to see this fragile          First, we have created our Young Entrepreneurs
During that time it developed a large scope of        In addition to that, CCI France Myanmar offers a      seed grow It means working 24/7 on their pro-          Committee, which brings together the young en-
services, which makes it the most dynamic and         wide range of human resources services, starting      jects, forsaking nights, weekends and holidays,        trepreneurs among our Members, so that they
diversified foreign Chamber in Myanmar, leading        with recruitment services and training programs       family life even, without being able to perceive a     can share information and good practices based
to two international awards in 2017 from the In-      targeting employees and professionals who wish        salary for months. It means having to struggle,        on their experiences. This is that knowledge and
ternational Chamber of Commerce and CCI               to improve their skills.                              very often in isolation, to find the information,      these experiences that they now share with eve-
France International. CCI France Myanmar now                                                                the financial or material means, the support           ryone in this guide.
                                                      Finally, CCI France Myanmar is a key actor for the
organizes more than 40 events every year and                                                                needed to see their idea flourish. Many times, it
                                                      development of the French-Myanmar relations. It                                                              In addition to that, we have also launched our
also regularly releases publications providing                                                              also means failing and then starting all over
                                                      works in close partnership with Business France,                                                             Young Entrepreneurs Awards, which reward
business intelligence.                                                                                      again, while learning hard but useful lessons
                                                      with the French Embassy and with the French                                                                  startups in Myanmar, which deserve a special
But what makes CCI France Myanmar truly               Foreign Trade Advisors.                               from previous mistakes, like swimming against          recognition for their excellence and/or for their
unique is, above all, the services it provides to                                                           the current. Trial and error. Work, work, work.        positive impact.
                                                                                                            Some would say this is not a life. But for them,       Finally, we are publishing this Entrepreneurs’
                                                                                                            this is all their life. And they endure, persist, go
                                                                                                                                                                   Guide to Myanmar, in partnership with MYEA
                                                                                                            on, because they believe in their ideas, because       (Myanmar Young Entrepreneurs Association), in
                                                                                                            they believe in themselves, and because they           order to help all the entrepreneurs operating in
                                                                                                            believe that they can make a difference. Just like     the country. This document aims at offering all
                                                                                                            some of their role models, who started in their        the information they will need to create and de-
                                                                                                            garages, before making their start-ups become          velop their company: a summary of the legal
                                                                                                            successful international groups: Bill Gates, Steve     framework, advice from those who were con-
                                                                                                            Jobs, Elon Musk, Jack Ma, Jeff Bezos. Some of
Myanmar offers many opportunities for entre-          Myanmar and identify actions and projects which                                                              fronted to the same challenges, and tips on how
                                                                                                            them changed the world forever, like Thomas
preneurs, whatever the sector in which they           could be implemented by CCI France Myanmar                                                                   to overcome them, based on personal experi-
                                                                                                            Edison, who famously said after finally making
work. But as in any other country, entrepreneurs      and its Members to tackle these issues.                                                                      ences.
                                                                                                            the first light bulb work: “I have not failed. I
have to face challenges which constitute threats to                                                                                                                This guide is of course a work in progress and we
                                                      This Committee has now decided to publish its         have just found 10,000 ways that won’t work.
their businesses, while often feeling isolated.                                                                                                                    invite all of you to join our Young Entrepreneurs
                                                      first Entrepreneurs’ guide to Myanmar to provide       Many of life’s failures are people who did not
In this context, CCI France Myanmar has decided       you with insights and practical advice.               realize how close they were to success when            Committee, so that you can share your own ex-
to create a Young Entrepreneurs Committee for                                                               they gave up”.                                         pertise with the community.
its members. The main objective of this com-
                                                                                                            Because of all that, CCI France Myanmar has de-        Finally, I would like to thank MYEA for their sup-
mittee is to discuss the challenges faced by
                                                                                                            cided to dedicate resources to support these           port and their contribution to this guide.
young entrepreneurs Members of CCI France

 44                                                                                                                                                                                                              5
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
The Myanmar Young Entrepreneurs Asso-          For our members, we provide a wide spec-
ciation (MYEA) has in the last years           trum of services to meet the specific                                   Dr. Aung Thura
become one of the leading organizations        needs for any stage of an entrepreneur’s                               President
to foster the development of entrepre-         lifecycle. We offer seminars, pitching                                 MYEA
neurship in Myanmar. Established as an         events, mentorship programs, networking
informal group in 2008 and formally regis-     parties, excursions, business matching
tered in 2012, the association now has         events, etc. As an association of volun-
over 1800 members across the country.          teers, our members can be both beneficia-        With Myanmar ranking low in almost           was written with the contribution of en-
We are embedded in a wider network of          ries and active contributors of the associa-    every cross-country comparison, it is one    trepreneurs and passes knowledge from
international entrepreneurship-related or-     tion at the same time.                          of the hardest places to start and suc-      entrepreneurs to entrepreneurs.
ganizations. MYEA is the Myanmar mem-                                                          cessfully grow a business. Therefore, en-
ber of the ASEAN Young Entrepreneurs As-       We truly believe that regional challenges       trepreneurs in Myanmar count among           I would like to thank CCI France Myanmar
sociations (AYEA), and through its affilia-    are best addressed by entrepreneurs living      the most adaptable and resilient business    for their leadership in developing this
tion with the Global Entrepreneurship Net-     in that region. Therefore, instead of servi-    people in the world. While entrepreneurs     guide and the volunteers of MYEA for
work (GEN) in charge of carrying out the       cing our members through a centralized          in other countries can focus on their core   contributing their knowledge and in-
Global Entrepreneurship Week (GEW) eve-        structure, we set up regional young entre-      business, entrepreneurs in Myanmar
ry year in November.                           preneurs associations and empower them                                                       sights. We hope that with the help of this
                                                                                               need to cope with a lack of human re-
                                               by the transferring knowledge, formats          sources, overarching bureaucracy, high       guide, entrepreneurs can find solutions
Every two years, our members elect 70          and processes to them so that they can          costs of doing business, missing access to   and avoid mistakes in order to set their
members to the Executive Committee,            best assist their regional entrepreneurs in     capital, weaknesses in the supply chain      businesses on a strong growth trajectory.
which in return appoints 30 members to         return. So far, we have established five re-     and infrastructure as well as lack of ac-
the Central Executive Committee. A Mana-       gional associations: Yangon Region, Man-        cess to international markets.
gement Committee of 14 persons together        dalay Region, Shan State, Ayeyarwady Re-
with the office team runs the day to day       gion and Mon State.                             Improving the entrepreneurial ecosystem
operations of the association.                                                                 is one of the key mandates of MYEA. We
                                               MYEA strives to be the leading, recognized      do this by guiding entrepreneurs through
In all its activities, MYEA focuses on three   organization for the empowerment of             different stages of their lifecycle. When
key aspects: Ecosystem development,            young entrepreneurs in Myanmar. For             CCI France Myanmar approached us with
member services, empowerment of regio-                                                         the idea to jointly develop this Entrepre-
                                               anyone, who is not an entrepreneur yet,
nal associations.                                                                              neur’s Guide, we immediately loved the.
                                               but who is planning to set up an own busi-
                                                                                               This hands-on guide gives practical in-
Through our close working relationship         ness in future, we offer an active participa-   sights on what entrepreneurs will face
with the government, we provide va-            tion in MYEA as an Associate Member. Our        when setting up their businesses. How do
luable, data-backed inputs to various go-                                                      they find an office? What licenses are re-
                                               members can join any of our working com-
vernment agencies with the aim of impro-                                                       quired for which types of businesses?
ving the overall entrepreneurial ecosystem     mittees where they can not only actively
                                                                                               What needs to be considered when hiring
in Myanmar. MYEA identifies roadblocks          contribute, but also strengthen their own
                                                                                               people? Every entrepreneur faces such
and discusses with the government how to       networks and business relationships by          questions when starting and even later
remove them to make starting and run-          working together with other entrepre-           when running a business. Why to rein-
ning businesses easier. The annual Myan-                                                       vent the wheel if there are many entre-
                                               neurs.
mar Entrepreneurship Summit and GEW                                                            preneurs who have faced and solved is-
aim to raise awareness about entrepre-                                                         sues of setting up a business? This guide
neurship and inspire young people.
 66                                                                                                                                                                               7
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
labour force, its geographic location and finally an ever improving busi-
                                                                                                                  ness enabling environment: new investment laws, new company law,
                                                                                                                  IP law, consumer protection laws…

                                                                                                                  The opportunities are therefore numerous and varied thanks to a leap-
                                                                                                                  frogging economy and a very high potential in all sectors. This makes it
                                                                                                                  the ideal place to start a company. Moreover, the increase of purchase
                                                                                                                  power in the middle class, helps trigger consumer’s interest in foreign
                                                                                                                  imported goods.

                                                                                                                  However, the country also suffers from weaknesses. Indeed, there is
                                                                                                                  lack of proper infrastructures, mainly due to the too rapid growth of
                                                                                                                  the economy, and there is still a dire need to improve professional
                                                                                                                  skills. The fragility of the banking sector and a large illicit trade are also
                                                                                                                  a problem in the country.

                                                                                                                  Finally, the main threats to Myanmar are natural disasters (cyclones,
                                                                                                                  earthquakes), and political instability in some parts of the country.

                                                                                                                                                                       Total Area
                                                                                                                Growth rate                                    676,578 square km
                                                                                                                            1
                                                                                                                6.8% growth

                                                                                                                                                                        GDP per capita
                                                                                                                                                                                          1
                                                                                                                                                                        approx. USD 1,400
                                                                                                                                                  Capital
                                                                                                                                              Nay Pyi Taw
    THE PASSAGE TO SOUTH EAST ASIA
                                                                                        Inflation rate
                                                                                                      1
    Myanmar can be considered geographically located at a                               6.2% in 2018

    crossroad between China and India, at the centre of ma-                                                                                             Governance
                                                                                                             Population                                 New Government elected in
    jor Asian and Asean trading routes, since it also shares
                                                                                                             51.4 million of which                      2015 led by the National
    borders with Thailand, Laos and Bangladesh.                                                              70% live in rural areas                    League for Democracy party
                                                                    Main cities
    In 2011, Myanmar has engaged into an irreversible path          Yangon (6 million)
    to democracy and has made several key reforms allowing          Mandalay (1.25 million)
                                                                                                                              15 States and Divisions
    the country to open itself to the world’s economy and to
                                                                                                                              135 Ethnic Groups
    attract foreign investors.                                                                                                                                         Narrowing Trade
                                                                                              Key sectors
                                                                                              Services    (42%)                                                         Deficit in 2018
    Myanmar’s strengths are mainly the abundance of natu-                                     Industry    (30%)
    ral resources, such as oil & gas, minerals, hydraulic re-                                 Agriculture (28%)
    sources, agricultural products…,    but also the young
                                                                1
                                                                    Source: World Bank, “Myanmar Economic Monitor”, December 2018

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ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
What should I know before coming in Myanmar??

     WHAT SHOULD I KNOW
      BEFORE COMING IN
                           In 2011, after decades of isolation, Myanmar has decided                     In December 2017, the New Myanmar Companies Law
                           to open up its economy to attract foreign investments.                       was passed by Parliament allowing foreign investors to
                           Since then, the country has experienced an unprecedent-                      take up to 35% of shares in local companies. The most
                           ed growth. In 2018, the growth rate is estimated at 6.8%,                    recent move in 2018 is the Online Registration process

         MYANMAR?
                           higher than the average rate of other ASEAN countries.                       for companies that has been implemented on August
                                                                                                        1st. Overall, the regulatory framework has become
                           • Actual budget deficit has decreased to 2.7% in
                                                                                                        more compliant with international standards and en-
                             2017/2018                                                                  sures an investment friendly climate. State Owned
                           • Public debt stands reasonably at 34.2% of GDP (mostly                      Businesses are also undergoing reforms since 2013 and
                             due to the Paris Club Agreement that has cancelled                         are in process of privatization.
                             most of the debts in 2013)
                                                                                                        In 2018, the NLD-led government has launched the
                           • Account deficit is narrowing to $1.7 billion in
                                                                                                        Myanmar Sustainable Development Plan (MSDP) to
                             2017/2018                                                                  revamp the economy and to ensure a unique and glob-
                           • A high volatility of the foreign exchange rate remains                     al economic strategy for the country. The MSDP is im-
                           In just a few years, after removal of EU and US sanctions,                   plemented through 2 main agencies: DACU
                           the economic and legal environment has dramatically                          (Development Assistance Coordination Unit) and NECC
                           improved: the government has initiated reforms which                         (National Economic Coordination Committee).
                           are still ongoing. In 2016, the Foreign Investment Law                       Although Myanmar has to face strong challenges with
                           and the Myanmar Citizens Investment Law have merged                          the ongoing crisis in Rakhine State, the economy re-
                           to form the Myanmar New Investment Law (MNIL).                               mains robust and shows resilience.

                            Oil & Gas
                                                                                                 Tourism & Hospitality
                              Gas is mainly produced offshore from 4 main fields: Yada-
                                na, Yetagun, Zawtika and Shwe. Gas production represents              Directly impacted by the Rakhine crisis, the number of Western tour-
                                2 Bscf/day or 20 Bm3/year, 80% of which is exported to                 ists have dropped dramatically.
                                Thailand and China.                                                   Arrivals from Asian Countries are increasing steadily since 2017
                              Gas exports represent a large share of the exports of My-               thanks to visa exemptions (Thailand, Korea & Japan).
                                anmar and of the Government budget (2.4% of GDP).                     With many hotel projects completed or close to completion, the sup-
                                                                                                       ply is expecting to rise, pushing prices downwards.
                                                                Construction & Real Estate
                          Telecommunication                      Needs are huge: basic infrastructures are lacking.
                           Development in telecommu-            Infrastructure projects financed by international development             Agriculture
                             nications remains a vital pillar      agencies are under implementation in Mandalay and Yangon.                 25% of gross value in 2018
                             in the evolution of Myanmar’s                                                                                     and employing 49% of the
                             economy and infrastructure.         Focus on high end segment in the private sector.
                                                                                                                                               working population
                           4 telecom operators: MPT-            Challenging environment with unclear regulations regarding
                                                                                                                                             With 35% of agricultural ex-
                             KDDI (historical operator and         land title, underdeveloped financing system.
                                                                                                                                               ports, pulses and beans are
                             leading in market shares),                                                                                        the main export crop. While
                             Ooredoo, Telenor and MyTel.                                                                                       70% of the production of
                                                                  Manufacturing / Garment                                                      pulses and beans are export-
                           Financial services and educa-
                             tion sectors are benefiting             Reinstatement of GSP in 2013 boosted garment exports to EU.               ed to India, only a minor
                                                                                                                                               share of this volume consists
                             from the telecoms sector               It employs 730,000 people (83% women).
                             thanks to a wider access to                                                                                       of refined or processed
                             Internet services.                     Minimum daily wage being set at 4,800 MMK (~$3.12).                       grains.
                                                                    Garment represented 65% of total exports to EU in 2016, and
                                                                      3% of Myanmar GDP in 2018.

                                Healthcare
                                  Public health system delivery remains insufficient, but public                 Energy
                                    spending in health has increased from 0.19% to 0.8% of GDP.                    Electrification ratio of approx. 40%.
                                  Private and public hospitals are booming but are facing also short-             Low installed capacity (~5.5 GW).
                                    age of qualified specialists as well as medical management.
                                                                                                                   60% of power generation comes from hydropower.
                                  0.36 Physicians/1,000 people which is the lowest ratio in Asia.
                                                                                                                   LNG to power solutions.
                                                                                                                   Current major issue for the power sector is the tariff.
                           Source: World Bank, “Myanmar Economic Monitor”, December 2018

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ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
What should I know before coming in Myanmar??

                                                                                                                                                                                  2021. The Ministry of Energy and Electricity has com-
TRANSPORT NETWORK                                                                                                      BUSINESS DEVELOPMENT ZONES                                 mitted that by 2030, 12% of the energy mix will come
                                                                                                                                                                                  from renewables (mainly solar).
Being the second-largest country by area in SEA with a relatively wide road network that just 20% are paved, the       There are three Special Economic Zones (SEZ) in devel-
                                                                                                                       opment:                                                    In September 2018, ADB announced a USD300 million
country has vast investment opportunities in road network modernisation, construction of expanded roadways,                                                                       loan to expand Myanmar’s national electricity grid in
such as elevated highways, improving access to the city via bridges to the South, East and West. Improvement of           Kyauk Phyu in Rakhine State                            seven regions and states: Yangon, Ayeyarwaddy, Bago
regional airports has been an important part of the government’s plans in developing both the tourism and                                                                         and Tanintharyi regions and Mon, Kayin and Rakhine
transport. Urban transport infrastructures in major cities, whether in local/commuter rail, road, bridges and alter-   The project initially began as a joint venture between
                                                                                                                       the Chinese and Burmese governments, but has since         states.
native transport options, are a priority as well.
                                                                                                                       transitioned to private developers. Kyauk Phyu SEZ will    Electricity tariff remains a real issue to be solved as
                                                                                                                       be accessible to the Shwe gas field in the Bay of Bengal.   current tariffs do not reflect the real cost of produc-
                                                                                                                       The oil and gas terminal was financed by the China Na-      tion.
ROADS                                                       AIRPORTS                                                   tional Petroleum Corporation.
                                                                                                                                                                                  Regarding the Oil & Gas sector, the national oil & gas
                                                                                                                         Dawei in the Thanintharyi Region                        company MOGE (Myanmar Oil & Gas Enterprise) pro-
Road and Highway network                                                                                               The government has been exploring ways to restart          duces Oil & Gas on shore and is a partner of the foreign
• Asian Highway Routes - 4 in Myanmar: 2,907 kms            3 CIQ airports: Bagan/Nyaung U – Heho – Dawei              development of the US$8 billion Dawei SEZ, which has       companies operating in Myanmar. It also acts as the
• ASEAN Highway Routes - 7 in Myanmar: 4,528 kms
                                                                                                                       been suspended since 2013 after developer Italian-Thai     regulator of the sector under the guidance of the Min-
                                                                                                                       Development Company withdrew from a 2008 agree-            istry of Electricity and Energy (MOEE).
• Transport Corridors of Greater Mekong Subregion           27 Domestic airports
                                                                                                                       ment due to financial constraints. Negotiations are be-
  — 5 Routes in Myanmar: North-South Corridor, East                                                                    ing made with Japan to get them involved in the pro-       Although Myanmar is one of the oldest oil producers in
  -West Corridor, Southern Corridor, Northern Corri-        Airport development projects                               ject.                                                      the world with the production of the onshore
  dor, Western Corridor                                     • Yangon International Airport — Accommodation                                                                        Yenangyaung field by the Burmah Oil Co in 1886, My-
                                                              improvement.                                               Thilawa in Yangon Region                                anmar has shifted to be mainly a gas producer today.
                                                                                                                       The Thilawa SEZ is located on 23 Km southeast of Yan-      Gas is mainly produced offshore from 4 main
                                                            • Mandalay International Airport — Development of
RAILWAYS                                                      the airport as major logistic hub.                       gon. It is the very first large-scale SEZ in Myanmar. The   ‘historical’ fields. Yadana, Yetagun, Zawtika and Shwe.
                                                                                                                       Zone, which totals 2,400-acre, is being developed in       80% of gas production is exported to Thailand and Chi-
                                                            • Bagan-Nyaung U Airport — Terminal Building up-           phases under Myanmar-Japan Thilawa Development             na. The Yadana field, operated by Total E&P Myanmar,
Railways network                                              grading as well as the safety operation standard         Ltd.                                                       is the main gas field in Myanmar, producing around
• Total Route length 5,992.13kms                              landing aids.                                                                                                       800 Mscf/d or8 Bm3/year. It supplies around half of
• Single Track 5,286.934 kms (88.23%) / Double Track        • Heho Airport — Terminal Building upgrading as well                                                                  the gas consumed in Myanmar and 15% of the gas con-
  705.196kms (11.76%)                                         as the safety operation standard landing aids.                                                                      sumed in Thailand, where ¾ of its production is export-
                                                                                                                       TELECOMMUNICATIONS                                         ed. Zawtika is operated by PTT E&P (Thailand) and
• Bridges 11,818 Nos                                        • Thandwe Airport — Terminal Building upgrading.
                                                                                                                       There has been a telecoms boom that has dramatically       Shwe field is operated by Daewoo (Korea). The Fourth
• Tunnels 12 Nos                                            • Dawei Airport — Upgrading domestic airport to in-                                                                   foreign operator is Petronas (Malaysia).
                                                                                                                       changed the physical and technological landscape of
• Railway Stations 946 Nos                                    ternational airport.
                                                                                                                       the country since the sector was opened to foreign         In 2013 – 2014, additional onshore and offshore blocks
Trans-Asian Railways Network                                                                                           competition in 2014. Myanmar’s mobile market has           were allocated to foreign and JV companies, attracting
                                                            SEAPORTS, DRYPORTS & TERMINALS                             experienced very rapid growth from 2013 to 2018,           more investment in this sector. Total E&P has been
 • Yangon – Mandalay                                                                                                   driven by the entry of three new competitors in the        awarded Block A6 that has been since 2017 under pro-
 • Mandalay - Lashio [Muse (border station) - Rueli                                                                    market, increasing the number of operators from only       duction. Unlike the Yadana field, most of the gas supply
                                                            Ports in Myanmar                                           one to four. This has dramatically increased market
   (China)]                                                                                                                                                                       will be used for the domestic market. The MOEE is
                                                              • Yangon Region > Yangon Ports                           competition. The mobile broadband market is driven         planning to launch another series of tenders on addi-
 • Kalay - [Tamu (border station) - Jiribam (India)]
                                                              • Rakhine State > Sittwe Port / Kyaukphu Port /          by increasingly faster speeds as mobile operators roll     tional blocks in the beginning of 2019.
 • Bago - Thanpyuzayat (Thailand)                                Thandwe Port                                          out 4G and eventually 5G networks.
 • Thanpyuzayat – Ye                                          • Ayeyarwady Region > Pathein Port
 • Yangon (maritime connection)                                                                                        ENERGY
                                                              • Mon State > Mawlamyine Port
Proposed Projects in Myanmar Railways                         • Tanintharyi Region > Kawthaung Port / Myeik            Myanmar has an installed capacity of 5.5 GW, which is
• Yangon – Mandalay modernization work (617kms)                  Port / Dawei Port                                     a very low ratio. 60% of power generation comes from
                                                                                                                       hydraulic resources (the hydro power potential is con-
• Yangon city urban modernization and restoration           Deep Sea Port Projects                                     sidered to be near 100 GW) and the rest comes mainly
  works (124.5 km)                                            Potential areas to be developed as Deep Sea Ports:       from gas power plants. In 2018, approximately 40% of
• Mandalay - Myitkyina track (552 kms)                                                                                 the population have access to electricity. Additional
                                                              • Dawei Special Economic Zone together with Deep
                                                                                                                       installed capacity is planned in the next few years.
• Bago - Dawei track upgrading (507 kms)                        Sea Port at Tanintharyi Region in the South Coast.
• Tamu – Kalay – Segyi – Monywa – Mandalay line               • Kyaukpyu Deep Sea Port at Rakhine State in the         In January 2018, a few Notice to Proceed (NTP) will
  project (501 kms)                                             West Coast.                                            bring 3000 MW of additional power to the country,
                                                                                                                       mainly through the production of LNG and some reha-
• Yangon – Pyay upgrading track (259 kms)                     • Kalagauk Deep Sea Port, between Mawlamyine             bilitation of existing plants. Regarding renewables,
• National Railways Strategic Plan                              and Ye Region at the South Coast.                      more than 500 MW of solar power will be injected by
Furthermore there is a project of repowering of loco-         • Westport Deep Sea Port at Ngayoke Bay,
motives.                                                        Ayeyarwaddy Region.

12                                                                                                                                                                                                                                   13
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
What should I know before coming in Myanmar??

In theory the immigration process must be the following. The first entry must be on a Business Visa. Once arrived
in Myanmar, the applicant must apply for the Foreigner’s Registration Certificate (FRC) and long Term Stay Per-                                             Documents I need for a Business Visa
mit. After obtaining the FRC and long Term Stay permit, a Guest Resident Report must be filed at the Township
Immigration Department where the applicant will reside in order to get the Residence Permit Notice and to resid-        Recommendation letter from the employer, including details about the type of business, purpose of visit, ap-
ing legally in Myanmar.                                                                                                   plicant’s name, passport details, position in company, and intended entry and exit dates;
However, immigration rules are ever changing and each application might be considered differently. In practice, it      Invitation letter from a Myanmar registered company on its official letterhead;
appears that the process for a Stay Permit can be subject to numerous ad hoc requests from the reviewing au-            Guarantor from the Myanmar registered company, who is the one officially inviting the applicant. The guaran-
thorities. Additionally, FRC procurement is often cumbersome and final certificate is difficult to obtain.                  tor must be the Managing Director or Owner of the company, and must give a copy of the Myanmar company
Foreign workers in Myanmar must ensure that a valid Business Visa is held and manage carefully their stay dura-           registration certificate. The guarantor may be contacted by the immigration authorities during the application
tion and visa renewal.                                                                                                    process;
                                                                                                                        Visa application form;

                                                       VISA                                                             Two recent colour photographs with white background size 35mm x 45mm;

To enter Myanmar, all visitors must have a valid passport and an entry visa.                                            Passport valid for at least six months and a copy of the passport details page

     Main types of visa for
                                                                                                                       Since January 2016 and the notification relating to visa published by the Ministry of Labour, Immigration and Pop-
                                       Length of stay                               How to apply                       ulation, the multiple entries Business Visa allows foreigners to stay in Myanmar for one year. They do not need to
      business purpose
                                                                                                                       exit and return after a stay of 70 days by extending their stay period in the department of Immigration, as they
                                                                                                                       would under the previous notification.
                                                               Online (https://evisa.moip.gov.mm)
          Tourist Visa                     28 days             Myanmar Embassy
                                                               Visa on arrival

                                                               Online (https://evisa.moip.gov.mm)                                           WORK PERMIT
         Business Visa
                                           70 days             Myanmar Embassy                                           The Work Permit was introduced under the 2012
         (single entry)                                                                                                                                                                                 RESIDENCE PERMIT
                                                               Visa on arrival                                           Myanmar Foreign Investment Law (FIL). Compa-
                                                                                                                         nies under FIL or under the Myanmar Special
                                                                                                                         Economic Zone Law (MSEZL) can apply for work                                 (Permanent Residence)
          Business Visa                    70 days             Myanmar Embassy                                           permits for foreigners in managerial or supervi-
  (multi-entries for 3 months /   (can extend stay period in                                                                                                                              Since 2014, foreigners married to Myanmar citizen
                                                               Myanmar Diplomatic mission for renewal                    sory roles, or for those holding technical skills.               or living in Myanmar at least three years can apply
       6 months / 1 year)         Immigration department)                                                                Together with a Stay Permit and a Multiple Jour-                 to a Permanent Residency. According to The My-
                                                                                                                         ney Special Re-entry Visa it gives the possibility               anmar Times at that time, “the vice president said
         Education Visa                                        Myanmar Embassy                                           to the worker to stay in Myanmar beyond 70
                                           70 days                                                                                                                                        the system would enable scholars, experts, intel-
          (single entry)                                       Myanmar Diplomatic mission for renewal                    days and to exit and re-enter the country on the                 lectuals and investors from other countries, as
                                                                                                                         same visa.                                                       well as former Myanmar citizens, to contribute to
         Education Visa                    70 days             Myanmar Embassy                                           Notice that since January 2016 the multiple en-                  national development.” Before 2014, foreigner
  (multi-entries for 3 months /   (can extend stay period in                                                             tries business visa for one year allows foreigners               investors, experts and former citizens’ could stay
       6 months /1 year)          Immigration department)      Myanmar Diplomatic mission for renewal                                                                                     in Myanmar only with a limited duration visa.
                                                                                                                         to stay in Myanmar beyond the 70 days to the
                                                                                                                         entire year extending in immigration depart-                     In order to be able to apply for a permanent resi-
                                                                                                                         ment.                                                            dency in Myanmar, applicants must have lived a
                                          70 days              Myanmar Embassy                                                                                                            minimum of three consecutive years in Myanmar
       Employment Visa                                                                                                                                                                    and must justify their position of "High Skilled po-
                                  (can apply for extension)    Myanmar Diplomatic mission for renewal
                                                                                                                                                                                          tential". Once obtained, a Permanent Resident
                                                                                                                                                                                          permit duration is 5 years, renewable. Holders of a
                                                                                                                                                                                          Permanent Residence card do not require a visa
French citizens willing to apply a visa to enter in Myanmar territory have many ways to carry out their applica-                                                                          (except in the event of more than 24 consecutive
tion as detailed below.                                                                                                                                                                   month stay abroad) to enter Myanmar.
For the time being, most foreign workers in Myanmar are using a Business Visa to enter and live in the country.                                                                           Permanent Residence is not commonly used as
Employment Visa is relevant for workers, managers, consultants and other skilled employees. Education visa is                                                                             Business Visa is offering the best compromise.
relevant for teachers, university professors or students invited by a Myanmar University to attend and/or to give
classes. A multiple entry Business Visa is usually acquired if the applicant has already had at least two single en-
try Business Visas and has not violated any immigration laws. Each different case can be considered individually
by Myanmar consulate.
                                                                                                                               Disclaimer
French citizens living abroad can also apply visa from the closer embassy of the Republic of the Union of Myan-
mar. The list of Diplomatic missions of Myanmar is available online on the website of the Ministry of Foreign          The content of this article is intended only as a general overview of the matters referenced and is not intended to be consid-
                                                                                                                       ered as legal advice. CCI France Myanmar has attempted to ensure that the information provided is accurate, but we provide
Affairs : http://www.mofa.gov.mm.                                                                                      no guarantee of accuracy. As every individual’s requirements may vary by circumstance, you should seek Myanmar Embassy,
                                                                                                                       Immigration services or other professional advice before acting or relying on any of the information contained herein.

14                                                                                                                                                                                                                                              15
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
What should I know before coming in Myanmar??

As Myanmar is organized as a Union of 15 States and      Myanmar Investment Commission (MIC)                                              List of the 13 members of the MIC as of June 2018
Divisions, decision making is centralized in Nay Pyi
Taw: President’s Office, the Cabinet, Parliament and     The MIC was set up in 2012 to approve investment
Union Ministries.                                        projects in Myanmar. Several options are possible for                     Name                  Function                         Institution                    Role
                                                         foreign companies to establish their business:
On regional levels, Regional Government are oper-                                                                                                                                 Ministry of Investment and
                                                          • Joint-venture with a local company                               H.E U Thaung Tun         Union Minister                                                  Chairman
ating with its own State Parliament and Regional Min-                                                                                                                             Foreign Economic Relations
isters. The Regional Government is headed by the          • Joint-venture with the government
Chief Minister and can decide on its own for invest-                                                                           H.E. Dr. Than          Union Minister                Ministry of Commerce            Vice Chairman
ment that represent less than 5 million USD in value.     • Subsidiary or branch in Myanmar
                                                                                                                                                      Union Attorney
Any entrepreneur, or any company that wishes to           • Registering a company as a foreign company                       H.E. U Tun Tun Oo                                  Union Attorney General Office          Member
                                                                                                                                                         General
start a business in Myanmar will have to work with       In the framework of the New Myanmar Investment
the following administrations.                           Law 2016, a MIC Permit is mandatory only for the fol-                  U Set Aung            Deputy Minister          Ministry of Planning and Finance        Member
                                                         lowing sectors:
                                                          • Investment businesses essential to the Union
                                                                                                                              Daw Nilar Kyaw             Minister                Yangon Regional Government            Member
Directorate of Investment and Companies                     strategy
Administration (DICA)                                                                                                        Dr. Aung Tun Thet          Economist                                                      Member
                                                          • Large capital-intensive investment projects
DICA is an entity under the Ministry of Investment and                                                                                                                         Ministry of Natural Resources and
Foreign Economic Relations.                               • Projects likely to cause a large impact on the envi-             U Khin Maung Yee      Permanent Secretary                                                 Member
                                                            ronment and the local community                                                                                      Environmental Conservation
Registration is the first step a businessperson will be
required to undertake to carry out activities in Myan-    • Investments using state-owned land and building                  U Toe Aung Myint      Permanent Secretary              Ministry of Commerce               Member
mar. The company name availability will have to be        • Investments designated by the government to re-
checked and company registration form has to be dul-        quire the submission of a proposal to the Commis-                  U Htein Lwin        Permanent Secretary         Ministry of Electricity and Energy      Member
ly filled. As of August 1st 2018, all procedures can be      sion
done online through DICA’s MyCo Online procedure.                                                                                                    Deputy Director            Directorate of Investment and
                                                                                                                                U Htay Chun                                                                            Member
From August 1st to August 31st 2018, more than                                                                                                       General (Retired)             Company Administration
10 000 existing companies re-registered online free of   Union Ministries                                                                                                       Republic of the Union of Myan-
charge. These companies are required to do so until                                                                                               Central Executive Com-
                                                         Depending on their activities, companies may have to                   U Aye Lwin                                      mar Federation of Chambers of          Member
January 31st 2019.                                                                                                                                   mittee Member
                                                                                                                                                                                   Commerce and Industry
                                                         apply for license to the concerned Ministries (import
Although no minimum capital is longer required under     license, distribution license, extraction license, insur-                                                              Directorate of Investment and
this new framework, companies are advised to put an      ance license, …).                                                                           Director General                                                 Secretary
                                                                                                                                                                                   Company Administration
amount that is relevant to the type of business they
                                                         Rules applying to the obtention of licenses vary from                                       Deputy Director            Directorate of Investment and
wish to carry out.                                                                                                            Daw Mya Thuza                                                                         Joint Secretary
                                                         one Ministry to another and depends on the type of                                          General (Retired)             Company Administration
Pursuant to the New Myanmar Companies Law                license.
2017, a company may be registered under the follow-                                                                        Source : https://www.dica.gov.mm/en/
                                                         These rules may include criteria concerning the mini-
ing categories:
                                                         mum capital of the company, the number of shares
 • Private Company Limited by Shares                     owned by foreign investors, and so on.
                                                                                                                     After registration and the start of operations and activities in Myanmar, any entrepreneur, or any company that
 • Public Company Limited by Shares                      It is therefore vital to contact the concerned Minis-
                                                         tries before registering a company at DICA, in order to     wishes to start a business will have to work with the 2 following administrations:
 • Company Limited by Guarantee
                                                         prepare the Constitution, the legal structure, the par-
 • Unlimited Company                                     tition of capital, and so on, according to the rules re-
                                                         lated to the license that the company will have to ob-                         Labour Office                                      Internal Revenue Department
 • Business Association                                  tain to be allowed to operate in Myanmar.
                                                                                                                     Companies of more than 5 employees have to register           Payment of Commercial tax and other corporate taxes
 • Public Company Limited by Shares under the Spe-       Since these rules are not always published or commu-        their Employment Contracts for each one of their em-          have to be made at the Internal Revenue Department.
     cial Company Act 1950                               nicated by the Ministries, it is recommended to con-        ployees, at the Labour Office of their Township. Em-
                                                                                                                                                                                   Commercial tax is usually of 5% for services compa-
 • Private Company Limited by Shares under the Spe-      tract a law firm operating in Myanmar, in order to ob-       ployment contracts have to follow the official template
                                                                                                                                                                                   nies.
     cial Company Act 1950                               tain the proper information, to prepare the registra-       provided by the government. The entity is under the
                                                         tion documents accordingly, and to ensure that regis-       supervision of the Ministry of Labour, Employment and         Since there is no VAT in Myanmar, the commercial tax
 • Overseas Corporation                                  tration process goes smoothly and in compliance with        Social Security. It is not excluded that each Labour          can be considered the equivalent of VAT.
                                                         Myanmar laws and regulations.                               Office Township will have its own interpretation of the
The necessary payments relating to registration can                                                                  Employment Contract.
be made either online by credit card or on site at the                                                                                                                             Source : http://www.irdmyanmar.gov.mm/
cashier of DICA Office.                                                                                              Contribution to the Social Security Board is also com-
                                                                                                                     pulsory for companies with more than 5 employees.
Source : https://www.dica.gov.mm/en/                                                                                 Companies will have to bear 3% and the employee 2%
                                                                                                                     of the contribution (5% of monthly gross salary).

16                                                                                                                                                                                                                                    17
ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
How to set up a company??

     HOW TO SET UP
      A COMPANY?     LEADING SECTORS IN MYANMAR
                     It depends on the government policy to improve a
                                                                               This list contains all activities restricted, activities
                                                                               allowed or certain activities allowed only in the form
                                                                               of joint-venture. Although the Myanmar Companies
                     business sector and the budget allocated to this policy   facilitated the access of companies to business by
                     (i.e. Pyidaungsu Hluttaw Law n°44/2014 (Electricity       suppression of the permit to trade, there are still some
                     Law)).
                                                                               activities that need to be carried out with the approval
                     More information on these websites below:                 of the relevant ministries.
                     https://www.mmtimes.com/news/five-sectors-driving-
                     myanmars-economic-growth-2018-19.html
                     https://www.mmtimes.com/news/                             BUSINESS PLAN & STRATEGY
                     telecommunications-sector-bright-spot-economy-2018
                     -19.html                                                   When drafting the Business Plan, the Entrepreneur
                                                                                 should be focused on the operational risks (Business
                     Yet, some specific sectors present an interesting            and evolution of supply risks, Human and
                     potential. The current liberalisation process in the        organisational risks, financial risks…).
                     insurance and banking sector should lead to new
                     opportunities.                                             Need to know business investment environment
                                                                                 such as special economic zone, Bilateral Investment
                     In the same way, the need for skilled labour, and the       treaties, GSP with EU...
                     decision from the government to increase spending in
                     the education and the health sectors have already          Need to check what corporate form fits the best to
                     given way to a growth in the education and health           your activity. Indeed, as mentioned above, some
                     services.                                                   activities are closed to foreign companies or to
                     Moreover, the retail, garment and telecom sectors           Myanmar companies with a certain quantity of
                     confirm to be three strong pillars of the growth of          shares owned by foreign investors.
                     Myanmar. They should continue to play a strategic
                     part in the sustainable development of Myanmar,            Need to choose your right corporate partner
                     unless new unforeseen challenges arise (suppression         (screening of the OFAC records for persons who’s
                     of GSP by EU, new regulations on import, new barriers       got assets and interest in US, screening of
                     at the market entry, for example).                          Consolidated list of persons, groups and entities
                                                                                 subject to EU financial sanctions, etc.).
                     Finally, the need for an increase in the power
                     production, the discoveries of new gas pockets and         Check    the competition level by requesting
                     the notifications to proceed given to several projects       information to Union of Myanmar Federation of
                     should confirm the energy sector to be one of the            Chambers of Commerce and Industry (UMFCCI) or
                     leading sectors in the country.                             to CCI France Myanmar.
                                                                                Know how to comply with Myanmar laws, rules &
                                                                                 regulations.
                                                                                Choose suitable office location (check place with
                                                                                 good electricity supply, efficient power inverter,
                            Banking        Oil & Gas         Retail              reliable and fast internet provider). Check the
                                                                                 conditions offered by landlords, since some of them
                                                                                 request the payment of 1 year of rent in advance.
                                                                                 Myanmar law now authorise long-term lease, which
                                                                                 give some negotiation power on rates.
                           Education       Garment         Telecom              Be realistic when preparing the P&L and expect
                                                                                 delays and obstacles. It is usually recommended to
                                                                                 have one year of advance cash flow.

                     LIMITATIONS & REGULATIONS DEPENDING                        Look on how you can protect your intellectual
                                                                                 property.
                     ON THE ACTIVITY
                                                                                Choose right Counsel. Make sure that you are 100%
                     The Myanmar Investment Commission issued the                compliant with Myanmar laws, to avoid any future
                     notification No. 15/2017 on the List of Restricted           setback.
                     Investment Activities, with the approval of the Union
                     Government, on 10th April 2017.                            Pay attention on how to hire personnel.

18                                                                                                                                 19
How to set up a company??

MYANMAR INVESTMENT LAW AND                                FORMS OF ENTERPRISES / WHICH STATUS                        For instance and in order to create a private limited
                                                                                                                     company, you need to provide a copy of your National      Example of the Import Licence
COMPANY LAW                                               TO CHOOSE?                                                 Registration Card and/or Passport copy of the             The following documents are required to apply
The Myanmar Investment Law (2016) combined the            The Directorate of Investment and Company                  directors and shareholders. Those requirements may        for an import license.
Myanmar Citizen’s Investment Law (2013) with the          Administration (DICA) recognizes 3 different types of      change depending on the type of company and
                                                                                                                                                                               1. IR issued by MM FDA for required items
Foreign Investment Law (2012).                            Companies that can be registered under the Myanmar         investors.
                                                                                                                                                                               (Without having FDA approval letter, we are not
                                                          Companies Law which are:
The local legislation offers some tax exemption and                                                                  Example of issue at the registration:                     allowed to apply for an import license).
some incentives in order to attract the foreign direct         A company limited by shares (public or private)
                                                                                                                     At the registration of one Myanmar director, it is        2. Sales contract
investment (FDI). For some investment, investor may
                                                               An unlimited company                                 important to make a difference between the three
apply for a MIC permit:                                                                                                                                                        3. Pro forma invoice
                                                                                                                     categories of citizens: full citizens (P), associate
                                                               A company limited by guarantee
     any investment upper than $20 million for                                                                      citizens (AEI), naturalised citizens (PYU).               4. Company documents copy (Company registra-
      manufacturing, agriculture and tourism;             The investor needs to target the type of activities that                                                             tion certificate, Import/Export registration)
                                                                                                                     More information on: dica.gov.mm
                                                          will be performed in Myanmar and to choose it
     investment upper than $1 million in border or in                                                                                                                         5. Cover letter
                                                          accordingly. Investor needs to keep in mind that           It is recommended to use the services of a law firm to
      conflict areas or across national borders,;                                                                                                                              6. Price confirmation letter
                                                          setting up a joint venture may be required to perform      register your company and to obtain licences.
     investments using more than 1,000 acres             certain restricted activities. Some types of company                                                                 7. Usage of the product in Myanmar language
      (agriculture) or 100 acres (non-agriculture) of     are more flexible than other. For instance, private        WHAT TYPE OF LICENCES?
      land).                                              company can start to run business directly, unlike
                                                                                                                     The Myanmar Investment Commission issued the
                                                          public company that needs to obtain Certificate for
Please contact CCI France Myanmar, the Union of
Myanmar Federation of Chambers of Commerce and
                                                          Commencement of Business prior to start operations.
                                                                                                                     notification No. 15/2017 on the List of Investment
                                                                                                                                                                              → Documents for the customs clearance: Ship-
                                                                                                                     activities to be carried out with the approval of the
Industry (UMFCCI), or local legal and audit companies                                                                                                                         ping documents (AWB/BL, Invoice, PL) plus insur-
                                                          HOW TO REGISTER MY COMPANY?                                relevant ministries. In each situation, the type of
for more information.                                                                                                                                                         ance certificate, CO certificate.
                                                                                                                     investment business allowed is provided.
                                                          The registration of a company in Myanmar has been
The lawmakers also adopted on 1st August 2018 a new
                                                          improved and facilitated. It is now possible to register   The restriction is not the same depending on the size
Myanmar Company Law that makes easier the creation
                                                          your business online by using the DICA dedicated           of company and type of activity. The service company                        Yann Bary
of companies in Myanmar. Foreigners can now invest
                                                          website: www.myco.dica.gov.mm                              registered under private company limited by share                           President of Acteus Group
in a local company without changing its nationality, by
an investment that shall not exceed thirty five per cent   Registering a company doesn’t require a minimum            can start to operate business immediately without
(35%) of total company’s capital. The company thus        capital anymore (but obtaining certain licenses still      any licence.                                                                   Registering our company in
remains a Myanmar company, which can present some         does). And a company can now be owned by a single                                                                                     Myanmar was not an issue from
                                                                                                                     Investors need to pay attention because some other                         our side as this was our Myanmar
advantages in terms of permitted activities.              shareholder (instead of two before). Yet, it needs to be
                                                                                                                     approvals may be required from different levels. The       partner role and responsibilities.
                                                          represented by a Director with a resident status in
Yet, the obtention of certain licenses to operate limit                                                              activities relating to food, drug and cosmetic and         I understand an agent came into play, but it took
                                                          Myanmar. It is mandatory to register a company to do
further the number of shares that foreign investors can                                                              medical devices will require the FDA Approval prior to     us less than 6 weeks to have the company
                                                          regular business and to employ staff in Myanmar.
own in a Myanmar company. Most of biggest                                                                            any distribution of products within Myanmar.               registered and import license approved by the
investments need to get specific licences from the         The cost for the creation of a new company varies from                                                                various authorities.
relevant ministries. It is highly recommended to check    250,000 MMK ($165) to 2,500,000 MMK ($1,630),              For instance, a recent notification No. 01/2018
the conditions related to the obtention of licences to    depending on the form of the company. A physical           adopted by Central Consumer Protection Committee,
operate, before even working on the business plan and     registration at Directorate of Investment and Company      has been adopted concerning the use of Burmese
the legal form of the company.                            Administration’s office is also possible but with          language for products’ labelling.
                                                          additional fees.                                                                                                     DOS & DON’TS
                                                          The registration process with DICA now takes from a
                                                                                                                     HOW TO GET LICENCES?
                                                                                                                                                                                     Do set a shareholder agreement using a law-
FINDING / TAKING A PARTNER                                few hours to a few days. Yet, the obtention of the         We recommend investor to contact to local legal                 yer having experience in Myanmar
                                                          necessary licences from Ministries can take months, in     company in order to know what type of licence is
It is possible to benefit from services offered by CCI
                                                          some cases, thus delaying the date when the company                                                                        Maintain double signature system
France Myanmar or the Union of Myanmar Federation                                                                    needed to carry their business. Investors may have to
                                                          can actually start operating. This delay needs to be
of Chambers of Commerce and Industry (UMFCCI).                                                                       obtain also township or city council approval. You can          Do not give full access to bank accounts
                                                          taken into account in the business plan.
Depending on the size of the company, the financial                                                                   find some information on the different website of the
capacity, the trust and the corporate governance of the   In most cases, only the Constitution of the company is     ministries concerned. Unfortunately, the information
local company should be taken into account.               now required to register a company. Yet, other
                                                                                                                     is not always clearly indicated or translated. You can
                                                          documents may be requested by the authorities during                                                                        The content of this article is intended only as a
Proper due diligence before choosing a partner is                                                                    also hire some agents & proxies that will help to get
                                                          the registration process.                                                                                                   general overview of the matters referenced and
highly recommended.                                                                                                  such licences.                                                   is not intended to be considered as legal advice.

20                                                                                                                                                                                                                                 21
How to settle down??

     HOW TO
     SETTLE   YANGON REAL ESTATE MARKET
              Nowadays, there are more affordable options in
                                                                      KEY ELEMENTSS
                                                                      The key things to consider when it comes to choos-
              Yangon in term of real estate, which means in

     DOWN?    terms of offices as well, partly because of the         ing your office:
              increase in the offer in office spaces.                  • What is the right location for your company
              The rent has continuously decreased to reach as             (where are your clients/suppliers located in
              low as $23 per sqm in lower-grade buildings to              town, which township do you go the most...)?
              $50 per sqm in high-end office building located
                                                                       • Is there a backup generator supplying my office
              in the city centre, with an average monthly rent
                                                                          when power shortage?
              of $42 per sqm in mid-2018 (source: Colliers
              International).                                          • Is there a lift and a parking area?
              In Myanmar, converting an apartment in a regu-           • Is my office easy to find for my visitors and easy
              lar building into an office still prevails.                 access for my employees (bus lines)?
              A main particularity in real estate rental is that       • Is there a broadband internet or optic fibre con-
              the rents are due upfront. Most of the time you            nected to my building?
              need to pay 6 months to 1 year upfront.                  • It is also very important to choose right location
              So, the advantage of rent an office or a desk in a         and easy access by bus for your employees as
              business centre or office building is the possibil-        well. As most of your employees will not take
              ity to pay your rent monthly (important in term            taxi nor drive themselves.
              of management of cashflow when starting a                • Due to bad traffic conditions, the time we spend
              business).                                                 blocked in traffic between meetings matters. As
                                                                         such, it is very important to choose the right
              When you want to set up an office in Yangon as
                                                                         location. Some people would say downtown is a
              a young entrepreneur, you have the choice be-
                                                                         must and some other now go more and more to
              tween:
                                                                         Yankin township (where is Myanmar Plaza
               Converting your living room into a workplace             mall).
                for a few months (The real estate cost being
                high, it can be very costly to rent both your
                home and your office when you have a lim-
                ited budget of a start-up).                           CCI FRANCE MYANMAR
               Rent an office in a regular apartment (many           BUSINESS CENTRE
                kind of choices in term of facility with car
                parking and backup generators, or normal              CCI France Myanmar proposes all-included
                apartment).                                           ready-to-use offices for rent in their 2 business
                                                                      centres, in Yangon and in Mandalay, from 1-
               Rent an office space in a Serviced Office             person desks in an open space to 2-person, 3-
                Building like the co-working space in the             person, and 4-person closed offices.
                Business Centre of CCI France Myanmar.
                                                                      Information: www.ccifrance-myanmar.org
               Rent and share an office space with other
                companies (more and more options since
                recently).

              DOCUMENTS I NEED
               A lease contract, that the landlord has to register
                to the local township office.
               Copy of your passport and visa.
               Some landlords / ladies might ask for your com-
                pany’s licence (but not always).

22                                                                                                                     23
How to settle down??

                                                                                                                              MYANMAR TELECOM MARKET                                             The speed also varies according to the day and the
                                                                                                                                                                                                 location of your usage. Previous government
DOS                                                        DON’TS                                                                                                                                internet restrictions have now been lifted, so

                                                     &
                                                                                                                              Communication became much easier after the
      Do use several brokers (not only one).                   Do not forget to go tax office and pay the                     introduction of new telecom operators in Myanmar                   people are free to access most websites.
                                                               stamp duty (Up to 3 years - 0.5% of total                      such as Telenor, Ooredoo, MPT and Mytel. They all
      Do get along with your landlord (very                                                                                   offer 4G coverage, but you need to make sure that                  ISP
                                                               rent money / Over 3 years - 2% of total
      important).                                                                                                             your mobile phone is unlocked. You will find local                  If you are setting up internet usage for your
                                                               rent money).
      Do ask for electricity price per kV (not all                                                                            SIM cards which are readily available in every                     business, and you want to have unlimited data plan
                                                               Do not accept to pay 1 month commission                        mobile shop in Yangon, Mandalay, as well as at                     as well as a faster internet connection, there are
      buildings charge the same).
                                                               to broker. They should charge landlord.                        Yangon Airport and other major tourist sites.                      business internet packages with dedicated internet
      Do bargain to pay rent upfront by 3 or 6                                                                                                                                                   access (DIA) from respective telecom operators
                                                               Do not pay the rent until you have cleared                     SIM cards cost as low as 1USD/card. Cards work on
      months max (not 12 months).                                                                                                                                                                with different prices. They offer additional services
                                                               all pending topics and signed the contract.                    a top-up basis, with K1,000, K3,000, K5,000 and
                                                                                                                                                                                                 such as A2P Messaging, IPVPN (Internet Protocol
                                                                                                                              K10,000 cards available. To buy a SIM card, you will
                                                                                                                                                                                                 Virtual Private Network) & DPLC (Domestic Private
                                                                                                                              need to have a photocopy of your passport, and
                                                                                                                                                                                                 Leased Circuit), IPLC (International Private Leased
                                                                                                                              your Myanmar Visa and one passport photo. For
                                                                                                                                                                                                 Circuit) & IEPL (International Ethernet Private Line),
                                                                                                                              locals, you will need to present a NRC Card.
                                                                                                                                                                                                 Session Initiation Protocol.
                                                                                                                              INTERNET IN MYANMAR                                                If you have a team of 5-10 people with your daily
                 Patrick Hochster                                            Thurane Aung
                                                                                                                                                                                                 tasks involving sending/checking emails, doing
                 Director of Parkside One                                    CEO of Dagon                                     Mobile 3G/4G                                                       online research and less connectivity to your
                                                                             International Ltd.                                                                                                  customers, it is recommended to set up from less
                                                                                                                              Nowadays, it is very easy to get online using your
                     There    are     not    much                                                                             mobile 3G/4G network connection. Depending on                      expensive ISPs such as MyanmarNet, Ananda, 5BB,
                differences from any other                                      The office rental market has                  your chosen telecom operator such as Telenor or                    Yadanarbon Teleport, Fortune International Co. It’s
                countries on how to find an office                           recently seen some fresh supply                   Ooredoo, MPT and MyTel offer different Internet                    worth checking them out too.
in Myanmar. Each way works, but as a foreign
company setting up a new business here, I would          of office space with construction of further office                  packages. Coverage of different regions of
                                                                                                                                                                                                 Finally, optic fiber prices have decreased
suggest to go with a professional broker to be           buildings still ongoing. In the recent years, prices                 Myanmar may differ from one operator to another
                                                                                                                                                                                                 dramatically, making it more affordable and
guided. Today, rental price of office space ranges       have been on a downward trend, however, rental                       but most of the country is now connected to one
                                                                                                                                                                                                 competitive for small businesses.
from $20 to $45 per sqm per month. In Mandalay           rates are still high compared to neighboring                         network or another.
and Nay Pyi Taw, rents are on average 20% to 30%         countries.
cheaper.
Your choice will depend on your needs and budget         Of course, if the Myanmar economy should rapidly
but definitively you have to consider a building with     pick up again, there could be a shortage of office
a good structure, no leaks, with good backup
generators for electricity and high-speed Internet       supply in the future. Particularly, the banking,
installation! Here at Parkside One, we seek to make      finance and insurance sectors are expected to soon
life easier for our tenants by offering them all these   open up. This could increase demand.
services as well as professional management with a
friendly environment.                                    Generally, there is still limited supply for quality
Most of the financial sector and institutional            office space. For large companies, it may be difficult
entities are located in downtown and the rest of         to find enough office space in a single building.
the other businesses are settling in mid-town            Developers, such as Dagon International, can assist
levels... The main problem of day to day life is the
                                                         in building suitable offices on the land banks within
traffic, so if you have to go to the airport from your
office, you might have also to consider a location in    its network across Yangon City, Thilawa SEZ and
mid-town level, for example near golden valley.          Nay Pyi Taw.

                                                         For manufacturing and warehousing, the Thilawa
                                                         SEZ should be considered. The zone offers
                                                         international standard infrastructure. Rental rates
                                                         for factories and warehouses in Yangon range from
                                                         $3 to $6 per sqm per month, depending on
                                                         facilities. If you are looking to buy industrial land in
                                                         Yangon, prices lie between $65 to $100 per sqm.

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                                                                                                                    Source: GTMH’s presentation — Snapshot of the Myanmar’s key digital statistical indicators in January 2018
FINDING THE RIGHT EQUIPMENT                                plicated to set up, and many installed software are
                                                           actually very often illegal copies, which can lead to
If every business is different and may need some           compatibility or updating problems.
specific equipment, everyone needs at the very              Yet, finding the right suppliers will not be difficult.
least a desk, a chair and some essential items to run      Moreover, the best one will be able to support you
the operations. Where to find them? How and                 customising your IT equipment. You can buy a
when to buy them?                                          cheap computer and upgrade its memory or space
For the furniture, if you want to get new items, you       easily. Opting for an SSD instead of the regular hard
will find a significant range of products: from the          -drive can be a very important investment. To find
very cheap chair made in China to the top-notch            the shops, you can go downtown (in the Pansodan
ergonomic one, certified cradle-to-cradle. The real         area, in La Pyi Wun Plaza, Myanmar Plaza). Here
challenge is to find not only the retailer or distribu-     again, buying second-hand equipment can be a
tor, but to make sure that the customer service will       smart choice, if you know how to check the state of
be flawless. You should ask your peers who are sup-        the equipment.
plying their furniture. If you want to order your fur-     As timing is everything, try to buy during the Thing-
niture, it is also an option. Myanmar has a lot of         yan (April) or Thadingyut (October) festivals. You
skilled carpenters: they can craft and design all the      will be able to enjoy better deals, especially with IT.
furniture you wish, using reclaimed wood or upcy-          If you are looking for second-hand equipment on
cling old materials into stunning pieces. It is easy,      Facebook, wait for the right seasons, when people
affordable, and will support the local economy1.           working for INGO are leaving the country and when
You may also want to buy second-hand items. In             they are selling their equipment.
that case, go on Facebook, and browse the groups              1
                                                                Do not hesitate to contact CCI France Myanmar if
like Yangon Connection2. If you want to be more               you want to have a list of potential suppliers.
adventurous, you will find some dealers here and               2
there: explore around Yankin Street, for example.               See : https://www.facebook.com/groups/
Again, depending on your budget and tastes, you               yangonconnection/
will be able to find some very basic pieces to an-
tiques and beautiful ones. The choice will be yours.
For IT, before buying any equipment, keep in mind
that the power stability in Yangon is not a given.
The voltage variance can be significant: therefore,
you should protect your equipment and buy some
surge protectors and/or an uninterruptible power
source (UPS) to be able to work during power out-
ages.
If you buy computers in a local shop with pre-
installed software, make sure that it is appropriately
set-up: Myanmar fonts and keyboard can be com-

                                        CHOOSING YOUR SOFTWARE
  When you are starting your business, you will need to use at the very least equipment to write some contents,
  calculate figures and present ideas to convince people. Depending on your operating system, you may consider
  products developed by Apple, Microsoft or the open source communities (i.e. Linux).
  Always keep in mind that the key is to update your software to be protected and to enjoy its full potential. We
  also strongly recommend you to consider selecting an anti-virus, again to keep your data and files safe. It is a
  struggle to balance between the need of security, privacy and the financial constraint.
  To communicate with their team, and sometimes with their clients, entrepreneurs can use social media
  (Facebook Messenger, WhatsApp, Viber…). There are widely used by people in Myanmar. It is also possible to
  find free CRM, which will help you launch your business. To share documents, and to build a common shared
  virtual space, others are working with solution like Dropbox, Google Drive, iCloud or OneDrive. Do not under-
  estimate the potential training you will need to give to your staff.

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