(Unofficial Translation dated 28 March 2016)

Transcription

1 (Unofficial Translation dated 8 March 0) The Republic of the Union of Myanmar Myanmar Investment Commission Notification No. /0 The th Waxing Day of Tabaung M.E. Nay Pyi Taw st March 0 Classification of Types of Economic Activities. In exercising the powers conferred to it by the Section sub-section (b) of the Foreign Investment Law, the Myanmar Investment Commission, the Republic of the Union of Myanmar hereby, with the approval of the Union Government, announce the lists of the types of business activities under prohibition, the types of business activities permitted to be carried out in the form of a Joint Venture with Myanmar Citizens and the types of business activities permitted under specific conditions among the relevant business activities contained in the Chapter of the Foreign Investment Law. List of Economic Activities under Prohibition Sr. No. Types of Business Activities Manufacturing and related services of arms and ammunition for the national defense. Activities that can damage mangrove forests, glorious conservative places by religion and places where traditional worship is done, grazing land, hill-side cultivation, farm land and water resources. Conservation and management of natural forests. Prospecting, exploration and production of jade/gem stones. Production of minerals by medium scale and small scale. Supervisory control of electric power system. Inspection of Electrical works. 8 Air navigation services. 9 Exploration of minerals including gold in the rivering and waterway. 0 Pilotage Cross ownership between print media and broadcasting media service without approval of the Union Government. Periodicals in languages of national races including Myanmar. 90_.DOC

2 Types of Business Activities permitted to be carried out in the form of a Joint Venture with Myanmar Citizens Sr. No. Types of Business Activities Manufacturing and domestic marketing, sale and distribution of biscuits, wafers, all kinds noodles,, vermicelli and other cereals related food products. Manufacturing and domestic marketing sale and distribution of all kinds of confectionary including those of sweets, coca and chocolate. Preserving, manufacturing, canning, and domestic marketing of other food products except milk and dairy products Manufacturing and marketing of malt and malt liquors and non- aerated products. Distilling, blending, rectifying, bottling and marketing of all kinds of spirits, alcohol, alcoholic beverages and non- alcoholic beverage. Manufacturing and marketing of all kinds of purified ice. Manufacturing of purified drinking water. 8 Manufacturing and marketing of all kinds of ropes.. 9 Manufacturing and domestic marketing of enamelware, cutlery, crockery of all kinds. 0 Manufacturing and domestic marketing of plastic wares. Packaging Processing of hides, skins and leathers of all kinds,excluding synthetic leather, and manufacturing and domestic marketing thereof including footwear, handbags, etc. Manufacturing and marketing of all kinds of paper, raw materials for paper, all kinds of products made by paper, paper board including carbon paper, waxed paper, toilet paper, etc. Manufacturing, and marketing of chemicals based on natural resources available domestically.( excluding products of petroleum and gas). Manufacturing and marketing of solid, liquid, gaseous and aerosol (Acetylene, Gasoline, Propane, Hairsprays, Perfume, Deodorant, Insect spray) (excluding products of petroleum and gas, petroleum-related products) Manufacturing and marketing of Oxidants (Oxygen, Hydrogen, Peroxide) compressed ( Acetone, Argon, Hydrogen, Nitrogen, Acetylene) Manufacturing and marketing of corrosive chemicals. (Sulphuric Acid, Nitric Acid). 8 Manufacturing and marketing of industrial chemical gases (solid, liquid, gas). 9 Manufacturing of pharmaceutical raw materials. 0 Small and medium-scale production of electricity Development of international standard golf courses and resorts. Development, sale and lease of residential apartments/condominiums Development and sale of office/commercial buildings Development, sale and lease of residential apartments in areas related to industrial zones Development of affordable housing Domestic air transport service International air transport service 90_.DOC

3 List of Economic Activities Permitted with the Specific Conditions (a) List of Economic Activities permitted with the recommendation of the relevant Ministry and requiring Joint Venture with Myanmar Citizen Sr. No. Types of Economic Activities () () Permitted with the Recommendation of Ministry of Livestock, Fisheries and Rural Development 8 Production of bee and bee products Manufacturing of fishing net. Construction of fishing jetty and fish auction market Research activities for the livestock and fisheries product. Fishing activities on sea. Processing and manufacturing of fisheries products. Export/Import of animals and fisheries products including live fish species Culture of fresh water and marine fish and prawn. Permitted with the Recommendation of Ministry of Environmental Conservation and Forestry 8 National park. Businesses related to reduction of carbon emission Establishment of extraction (logging), and production wood in the forest land (reserved forests and protected public forest). Import, multiplication and sale genetically modified organism and living modified organism. Technical research and business related to breeding, culture and production of genetically superior quality seeds, propagules, tissues, etc. of valuable and rare flora species. Development of high technology, research and human resources in forestry sector. Extraction of natural resources in forested land at the disposal of the government. Importing exporting, breeding and production of wild flora and fauna species for commercial purposes. 90_.DOC

4 Permitted with the Recommendation of Ministry of Industry Manufacturing and marketing of soft beverages, aerated and non-aerated products., Production of seasoning powder Production of medicinal drugs by using the controlled chemical. Permitted with the Recommendation of Ministry of Transport Passengers and cargo transport services by vessels by vessels To establish nautical and training school Dockyard services Water transport related services on land plots owned by the Inland Water Transport Permitted with Recommendation of Ministry of Communications and Information Technology Domestic and international postal services Permitted with the Ministry of Health Private hospitals services. Private clinic services. Private diagnostic services. Private pharmaceutical and medical devices production. Research on vaccine and diagnostic test kit production. Private medical institute and health related institute and training school. Trading of traditional pharmaceutical raw materials Traditional herbal cultivation and production Traditional medicine research and laboratory Manufacturing of traditional drugs Traditional hospitals. 90_.DOC

5 Permitted with the Recommendation of Ministry of Information Publishing of periodical newspapers in foreign languages. FM radio programmes. Business on broadcasting industry Direct to Home (DTH) Business on broadcasting industry using DVB-T system. Business on broadcasting industry using Cable TV system. Business on movies production. Business on movies showing. 90_.DOC

6 List of Economic Activities with other Conditions and requiring a Joint Venture Sr. No. Types of Business Activities Condition () () () Construction and implementation of storage tank, loading port, pipeline, related machineries and equipment and construction of building for importing, transporting, storage, distribution and selling of oil, gas and petroleum products. Importing, producing, constructing and installing of equipment, accessories and part as for exploring and, interpreting of oil and gas by geologically, geophysically and Geochemically methods. Importing, producing, constructing and installing of equipment, accessories and par of installations as for exploiting, producing and researching of oil and gas. Importing, producing, constructing and installing of equipment, accessories and part of installations as for transporting and construction the pipeline network for oil and gas. Importing, producing, constructing and installing of equipment, accessories and part of installations as for construction of various kind of offshore drilling. Construction of various types of refinery, maintaining and upgrading the old refinery and implementation of the work Manufacturing of cigarettes. The local Virginia must be used 0% within the first () years or at least 0% of raw materials bought from the export earnings of local Virginia shall be used in the production. The export shall be 90%. The list of local raw materials to be used and planned exportation must be attached in the investment proposal. Required the recommendation of the Ministry of Industry. 90_.DOC

7 8 9 0 Production and marketing of explosive chemicals.(tnt, Nitro-glycerin, Ammonium Nitrite). Production and marketing of flammable liquids and solids (Titanium Powder), selfreactive substance (Potassium Sulphide), substance which is contact with water, emit flammable gases (Calcium Phosphide) Distribution in local market and exporting of crops after they are cultivated and manufactured by using and imported necessary input materials E-lottery business Development of new satellite town Urban redevelopment Construction of new railway line, new station and new buildings. Train operation and Maintenance Permitted only for Joint Venture with the State Government.. Permitted only for Joint Venture with the State Government.. Permitted only for production of value-added products.allow foreigner shareholding up to 9%. Allow trading, locally /export / sales, depending on the production of such joint venture company. Strictly prohibited for exporting paddy by sea or through Border Trade. Required to obtain the recommendation of the Ministry of Finance. Only permitted for joint venture with the Government. Need recommendation of Ministry of Construction. It is only allowed to do joint venture with the Government.. Need recommendation of Ministry of Construction. It is only allowed to do joint venture with the Government. with Myanma Railways. Require recommendation of Ministry of Rail Transportation. Need permission of Union Government. and hire system with Myanma Railways. Need permission of Ministry of Rail Transportation 90_.DOC

8 8 9 0 Manufacture and maintenance of locomotive, carriages, wagons and spare parts. Laying fibre optic cable, construction of Towers, machine room on the land owned by the Ministry of Rail Transportation. Comprehensive utilization of land and building owned by Ministry of Rail Transport for commercial purpose. Automobile services for passenger and freight transport operating. Vehicle inspection, driving training centre, repair and maintenance training. Generation of electric power to be used for train operation. Manufacturing, sale and distribution of vaccines to prevent diseases and hire system with Myanma Rail. Need permission of Ministry of Rail Transportation. It is allowed to joint venture /BOT and hire system with relevant enterprise/directorate. Need permission of Ministry of Rail Transportation. and hire system with relevant enterprise/department. Need permission of Ministry of Rail Transportation. Need permission of the Union Government. It is allowed to joint venture with relevant enterprise/department/ organization (department and private). Require recommendation of Ministry of Rail Transportation. To enter into joint venture by 0% local and 0% foreign investment. Require recommendation of Ministry of Rail Transportation. and hire system with Myanma Rail. Require recommendation of Ministry of Electric Power and need permission of Ministry of Rail Transportation. It is only allowed to joint venture with the State Government. To meet and comply with minimum WHO GMP standard.. The types of economic activities excluded from this Notification shall be carried out with 00% percent foreign investment and required the approval of the relevant except for the ones reviewed by the Commission. 90_.DOC

9 . Service businesses that do not have investment nature must be conducted under the approval of relevant Ministry.. This Notification hereby supersedes the Notification (No 9/0) issued by the Myanmar Investment Commission dated.8.0. Sd/xxx (Zay Yar Aung) Chairman Reference No: Ya Ka / /0 (089-Ka) Date: st March 0 90_.DOC