ENTREPRENEURS' GUIDE TO MYANMAR 2019 - MIMU
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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
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
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
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 8 9
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 10 11
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
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
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
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. 24 25 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. 26 27
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