Download Myanmar

2013
Country Report - Myanmar
International Development Group
Building & Construction Authority
Table of Contents
4
I General Information
Government Structure
4
Population
6
Economic Indicators
7
Economic Sectors
8
9
II Economic Forecast
GDP Growth
9
FDI
10
Overview of the Construction Sector
11
SWOT
13
14
III The Construction Industry
Construction Share of GDP and Growth
14
Cost of Materials
15
Labour Cost
16
Estimated Construction Cost and Trends
17
Types of Available Projects
18
Business Culture
20
FDI by Sectors
21
Setting up Business or a company
22
Registration of a Company
24
Sectors where Singapore can engage in
27
Green Building Standards
28
IV BCA, MND, Industry Engagements and Issues
28
2
Visits
28
Projects done by Singapore Companies
28
V Conclusion
29
VI Embassy Information
29
VII Bibliography
30
Complied by
Date
: Yong Ser Joo
: Dec 2013
The information contained herewith is for general information only and it is not be construed as advice
of any kind. Accordingly BCA does not make any warranty, expressed or implied, regarding the
accuracy, correctness, completeness or use of any information depicted in this report. BCA will also not
assume legal or any liability for the use of any such information or acts or omissions committed as a
result of the use of this information.
3
I
General Information
Government Structure
1
Myanmar, also known as Burma, is a unitary presidential constitutional republic,
where the executive power is exercised by the President, while the legislative power is
vested among the Pyidaungsu Hluttaw.
2
The President is both the head of state and the head of government, who
oversees the Cabinet. He is assisted by 2 Vice President.
Source: http://en.wikipedia.org/wiki/Thein_Sein
Fig. 1 – President Thein Sein of Myanmar
[1]
Portfolio
Minister
Minister of Agriculture & Irrigation
Myint Hlaing, U.
Minister of Commerce
Win Myint, U.
Minister of Communications & Information Myat Hein, U.
Technology
4
Minister of Construction
Kyaw Lwin, U.
Minister of Cooperatives
Kyaw Hsan, U.
Minister of Culture
Aye Myint Kyu, U.
Minister of Defense
Wai Lwin, Lt. Gen.
Minister of Education
Mya Aye, Dr.
Minister of Electric Power
Khin Maung Soe, U.
Minister of Energy
Than Htay, U.
Minister of Finance & Revenue
Win Shein, U.
Minister of Foreign Affairs
Wunna Maung Lwin, U.
Minister of Environmental Conservation & Win Tun, U.
Forestry
Minister of Health
Pe Thet Khin, Dr.
Minister of Home Affairs
Ko Ko, Lt. Gen.
Minister of Hotels & Tourism
Htay Aung, U.
Minister of Immigration & Population
Khin Yi, U.
Minister of Industry
Aye Myint, U.
Minister of Information
Aung Kyi, U.
Minister of Labour, Employment & Social Maung Myint, U.
Security
Minister of Livestock & Fisheries
Ohn Myint, U.
Minister of Mines
Myint Aung, Dr.
Minister of National Planning & Economic Kan Zaw, Dr.
Development
Minister of Border Affairs
Thet Naing Win, Lt. Gen.
Minister of Rail Transport
Zayar Aung, U.
5
Minister of Religious Affairs
Hsan Sint, U.
Minister of Science & Technology
Ko Ko Oo, Dr.
Minister of Social Welfare, Relief & Myat Myat Ohn Khin, Dr.
Resettlement
Minister of Sports
Tint Hsan, U.
Minister of Transport
Nyan Tun Aung, U.
Minister of President Office
Thein Nyunt, U.
Soe Maung, U.
Soe Thein, U.
Aung Min, U.
Hla Tun, U.
Tin Naing Thein, U.
Union Auditor General
Thein Htaik, U.
Union Attorney-General
Tun Shin, Dr.
Source: http://en.wikipedia.org/wiki/Politics_of_Burma
Fig. 2 – The Cabinet of Burma
[2]
3
The Pyidaungsu Hluttaw consists of the People’s Assembly (Pyithu Hluttaw) and
the House of Nationalities (Amyotha Hluttaw). The People’s Assembly consists of 440
representatives, where 110 of them are military personnel chosen by the Commanderin-Chief of the Defense Services. The House of Nationalities consists of 224
representatives, where 56 are military personnel [2].
Population
4
The statistics on the population of Myanmar is taken from the estimate given by
the US Bureau of the Census, which gave their estimation based on statistics from
population censuses, vital statistics registration systems, or sample surveys pertaining
to the recent past and on assumptions about future trends.
6
Population
Million
60
50
41.7
42
2000
2001
42.2 42.5
42.7
42.9
2002
2004
2005
47.4
47.4 47.8
48.1
2006
2007
2009
53.4
54
54.6
2010
2011
2012
40
30
20
10
0
2003
2008
Source: http://www.indexmundi.com/g/g.aspx?v=21&c=bm&l=en
Fig. 3 – Population of Myanmar from 2000 to 2012
[3]
5
In 2012, the population of Myanmar was estimated to be 54,584,650, which
placed it as the 24th most populated country in the world, a comparison among 239
nations. The annual population growth rate in 2012 is 1.07%, putting it in the 108th place
among the 231 nations in the world [4].
Economic Indicators
6
In 2012, the Gross Domestic Product (Purchasing Power Parity) of Myanmar was
estimated to be US$89.23 billion, placing it in the 77th spot among the 229 nations in the
world. The GDP per capita (PPP) was US$1,400 in the same year, where it was in the
low income category [4].
7
Economic Sectors
GDP Composition by Sectors
37.3
42.9
Primary
Secondary
Tertiary
19.8
Source: http://www.economywatch.com/world_economy/myanmar/structure-of-economy.html
Fig. 4 – GDP Composition by Sectors in Myanmar
[5]
7
Figure 4 shows that the primary (ie agriculture) sector contributes 42.9% to
Myanmar’s GDP. In 2001, the primary sector provided employment to 70% of the
country’s workforce, where rice was the main agriculture produce. The government has
provided loans to farmers to encourage growth in the sector.
8
The secondary sector contributes 19.8% to the country’s GDP and employed
only 7% of the workforce as of 2001. The industrial growth rate in 2009 was 0.2%,
where petroleum, liquefied natural gas (LNG), and minerals are the major industries in
the country. Government-owned factories and cottage industries are also involved in
large-scale tobacco production that contributed to the sector.
9
Contributing 37.3% to the country’s GDP, the tertiary sector employed 23% of the
workforce in 2001. Socio-economic conditions and poor infrastructure have crippled
Myanmar’s tourism industry, which used to contribute a significant share to the country’s
GDP. In addition, the banking industry is suffering from tight controls that restrict the
private sector’s access to formal credit. However, the country is now participating in
international trade travel shows and encouraging domestic travel agencies, airlines and
hotels to attract tourists for economic growth [5].
8
II
Economic Forecast
GDP Growth
Real GDP Growth
%
16
13.8
14
12
11.3
13.6
13.6
13.1
12
11.9
10
8
6
5.1
5.3
5.5
2009
2010
2011
3.6
4
2
0
2001
2002
2003
2004
2005
2006
2007
2008
Source: IMF – World Economic Outlook April 2012
Fig. 5 – Real GDP Growth of Myanmar from 2001 to 2011
[6]
10
The International Monetary Fund (IMF) projected a rise in Myanmar’s economic
growth rate to 6.25% in 2013 as a result of recent economic reforms and increasing
foreign investment in natural resources and commodities exports. The reforms
modernise and open up the country’s economy, which could facilitate strong and
inclusive long-term growth that reduces poverty and vastly improves the living standards
of the people [7].
9
Foreign Direct Investment (FDI)
Net FDI Inflow
US$ million
1200
1080
1000
1000
864
901
710
800
600
391
400
200
318
256 258
210
152
251 214 235 276
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Source: http://data.worldbank.org/indicator/BX.KLT.DINV.CD.WD
Fig. 6 – Net FDI Inflow to Myanmar from 1997 to 2011
[8]
11
Figure 6 shows that the net FDI was generally a downward trend from 1997 to
2006, with the exception in 2003. This was largely due to the sanctions imposed on FDI
by the United States (US). In the late 2000s, investments from ASEAN and China made
a considerable contribution to an increase in FDI inflows to Myanmar. However, the
country experienced a new slowdown in FDI in 2010 due to the global economic crisis
and sanctions on FDI imposed by Canada in 2007 and by the European Union (EU) in
2008.
12
Such economic sanctions caused multinational corporations (MNC) to pull out
investments from Myanmar. For example, Adidas and Levi Strauss shut down their
production plants, and stopped sourcing intermediaries and materials from the country
due to public pressure from human rights groups. Other firms such as Wal-Mart and
Tommy Hilfiger are also included. Consequently, FDI inflows to Myanmar from Western
countries fell sharply.
13
However, the interest of Asian countries was gradually increasing. Thailand was
the largest foreign investor among the ASEAN countries in Myanmar between 1988 and
2008, accounting for more than 50% of FDI inflows. However, recent data from the
10
Myanmar’s Ministry of National Planning and Development, which records the FDI
inflows to the country up to October 2012, indicated that the largest investor based on
cumulative amounts of investment has been China. The main sectors invested by the
foreign countries had been power, oil and gas, manufacturing, hotel and tourism, real
estate, and construction [9].
Overview of the Construction Sector
14
The Myanmar construction sector was valued at close to US$3 billion in 2012
and is expected to achieve an 8% compound annual growth rate (CAGR) and a total of
46% growth over the next five years to US$4.2 billion in 2016. The country has faced
trouble in achieving economic growth potential in part due to the mismanagement of
national finances, where its expenditure on military is large; amounting to 20-25% of the
total annual budget. In addition, the country is also affected by external debt, tax
evasion and corruption [10].
120
100
80
60
3
3
3
3
3
6
7
6
6
6
14
13
14
14
14
Institutional
26
26
26
26
26
Commercial
Industrial
Infrastructure
40
20
Residential
51
51
51
51
51
2007
2008
2009
2010
2011
0
Source:http://newcrossroadsasia.com/main/images/myanmar%20macro%20-%20infrastructure%20%20preview.pdf
Fig. 7 – Market Contribution to Myanmar’s Construction Industry from 2007 to 2011
[10]
15
Figure 7 show that the residential and infrastructure construction markets
contributed a significant 77% of the total Myanmar construction industry in 2011. The
11
residential construction market registered a CAGR of 11.31%, which was supported by
the country’s favourable demographics, expanding middle-class population and rising
housing demand. The market is anticipated to continue its growth and achieve a
projected CAGR of 7.18%.
16
The infrastructure construction market recorded a CAGR of 11.88%, the secondlargest share of the total Myanmar construction industry value in 2011. Increased
foreign investment in energy and hydropower, estimated at over US$2.5 billion in 2011,
helped the international investments in infrastructure development to reach a high level
in March 2012. The construction of roads and power plants to meet the infrastructure
needs of the country also help the market achieve a CAGR of 8.89%.
17
The industrial construction market increased in value at a CAGR of 13.13%,
which was mainly supported by the growth in refinery building, waste processing plant
and manufacturing plant categories. The market is anticipated to increase in value at a
CAGR of 8.21% due to Myanmar’s industrialisation and the construction of several
industrial zones across the country.
18
The commercial construction market registered a CAGR of 8.09%, which was
mainly driven by the leisure and hospitality and office categories. Furthermore, since the
2013 Southeast Asian Games (SEA Games) and 2014 Asian Summit will be held in
Myanmar, the demand for hotel and land has started rising in cities such as Yangon in
preparation for the anticipated influx of foreign investors and tourists to the country. As a
result, the contribution from tourism will be significant to the Myanmar commercial
construction activity.
19
The institutional construction market recorded a CAGR of 11.44%. Since the start
of democratic reform in 2011, the government has focused on developing several
industries, such as the education and healthcare industry, which received higher budget
allocations in 2012. As a result, the educational and healthcare building categories are
the largest in this market, where they accounted 82.4% of the total institutional
construction market value in 2011 and are anticipated to increase in value at a CAGR of
7.42% [11].
20
Presently, the construction sector is not organised. There is no registration
system that categorises contractors and builders. In addition, work site safety is lacking,
where workers are not using proper personal protection equipment, and there is no
authority to enforce work site safety. It takes approximately eight to nine months for the
Yangon City Development Committee (YCDC) to process and approve building plans
and designs. Some of the leading contractors in Yangon include Shwe Taung, Naing
Group, A1 Construction, Shine Group, Max Myanmar Group and Fatherland
Construction. Presently, contractors and architects are using the US or British Building
codes. The Myanmar National Building Code is expected to be ready very soon, which
will include the fire code as well.
12
SWOT
Strengths
-
-
Myanmar people are
entrepreneurial and eager to learn
Urban redevelopment is taking
place at a steady and consistent
pace
Low labour cost
Strong commitment to reform
Large youthful population,
providing low-cost labor force
attractive to foreign investments
Rich supply of natural resources land, water, gas, minerals
Abundant agricultural resources
-
Tourism potentials
-
-
-
Weaknesses
-
Government is dependent on
foreign advice and inputs
Lack of financial resources
-
Unskilled labour force
Bureaucracy & red tape prevalent
No proper guidelines, policies and
legal framework
-
Weak macroeconomic
management and lack of
experience with market
mechanisms
-
Underdeveloped financial sector
-
Inadequate infrastructure,
particularly in transport, electricity
and telecommunications
-
Limited economic diversification
-
Lack of institutional capability to
regulate the construction industry
-
The building construction
standards/codes not standardized
-
Shortage of skilled workers.
-
Heavy equipments is limited
-
Access to capital and appropriate
partners could be difficult
13
Opportunities
-
Threats
Myanmar needs to upgrade its
infrastructure
Strong demand for hotels, office
and residential units
Strategic geographical location
Potential for renewable energy
Potential for investment in a wide
range of sectors
Countries such as Japanese,
Korea and China are making a
strong presence in Myanmar
-
-
Competition from other emerging
markets in IndoChina and South
East Asia are competing for FDI
Risk of political changes ahead of
2015 general elections
Risks from economic reform and
liberalization
Risks from climate change
Pollution from economic activities
Tensions from different ethnic
groups
Source: Asian Development Bank
Fig. 8 – SWOT Analysis
III
The Construction Industry
Construction Share of GDP and Growth
Construction share of GDP
%
4.5
4.0
3.8
4
3.5
3.1
3
2.5
2.1
2
1.5
1
0.5
0
2001-2002
2005-2006
2006-2007
2007-2008
Source: Ministry of National Planning & Economic Development
Fig. 9 – Construction Share of GDP in Myanmar at Different Time Periods
[12]
14
21
Figure 8 shows that the contribution of the construction industry to Myanmar’s
GDP has been increasing from 2001 to 2008.
22
According to a recent report by the Economic Intelligence Unit, the construction
sector reflects the broader trend of decades of underinvestment for an economy that is
underdeveloped and small. Many local construction companies lack the technical
expertise and experience in undertaking large and complex construction projects.
23
The Myanmar construction industry increased in value at a CAGR of 11.48%
from 2007 to 2011. This growth was supported by the country’s improving political
stability, increasing number of investment opportunities in energy and public
infrastructure projects, and rapid inflow of FDI from Vietnam, Thailand, China,
Singapore and Malaysia. In particular, large rail, pipeline and hydropower projects have
attracted US$20 billion in FDI in 2011.
24
The growth in the construction industry is expected to remain strong, driven by
the government’s increasing expenditure on improving Myanmar’s public infrastructure,
and the rising interest of domestic and foreign real estate developers on constructing
residential units to meet the population’s huge housing demand. The industry is
expected to grow a CAGR of 7.8% over the next five years and the infrastructure market
is expected to experience the fastest growth due to the government’s focus on
developing the infrastructure to support the nation’s growth [10].
25
Furthermore, the commercial construction market consisting of leisure, hospitality
and office buildings recorded a CAGR of 8.1% between 2007 and 2011. This segment
of the market accounts for 67.2% of the commercial construction market value in
Myanmar. Since the 2013 Southeast Asian Games and 2014 Asian Summit in
Myanmar, demand for hotels in cities such as Yangon will be high.
Cost of Materials
26
It is common for building owners and developers to source for construction
materials such as titles, and fixture and fittings directly from manufacturers. In this case,
the contractor will only supply the manpower to complete the project. Most of the
15
construction materials and equipment are being imported from China. However, sand,
cement, and granite are locally available.
27
The average building construction cost is as follows:
Structure only – US$30 per sq ft
Basic finishing including M&E – US$40 – US$60 per sq ft
Materials
Cost/ US$
Sand
14 per 100 cubic ft
Cement
5.8 per bag
Rebar
730 per ton
Aggregate
70 per 100 cubic ft
Ready Mix Concrete (Including Pump)
Grade 15K 64,000/ cubic metre
75 per cubic metre
Grade 25K 67,000/ cubic metre
79 per cubic metre
Grade 30K 73,000/ cubic metre
85.8 per cubic metre
Fig. 10 – Cost of Construction Materials
Labour Cost
28
Myanmar has an active workforce of 17.96 million, who are fairly well-trained and
skilled [13]. In appointing skilled citizen workers, technicians and staff for skilled jobs,
citizens shall have been appointed at least 25% within the first two‐year, at least 50
percent within the second two‐year and at least 75% within the third two‐year from the
year of commencement of the business.
16
Myanmar
Minimum Wage 32
per Month/ US$
Thailand
253
Vietnam
96
Cambodia
66
Source: http://www.forbes.com/sites/connorconnect/2012/10/18/can-manufacturing-succeed-in-myanmar/
Fig. 11 – Minimum Wage per Month in Different Countries in 2012
[14]
29
Figure 11 shows that the minimum wages, not including allowances and overtime
pay, in Myanmar is comparatively low when compared with other countries in the region
in 2012. However, the country’s workforce is becoming increasingly dissatisfied with the
low wages and working conditions.
30
The 2011-2012 reforms, which involved the relaxing of government controls and
the right for labour to unionise and strike, have caused strikes to occur more commonly.
As a result, the government responded by setting a temporary minimum wage of US$32
per month, with a bill to make this wage a new minimum wage. Consequently, as this is
implemented throughout the region, the cost of labour in Myanmar will start to increase
[14]
.
Workforce
Blue Collar Unskilled Worker
Semi-skilled Workers
Supervisors/ Team Leaders
University Graduates with knowledge of
computers & English
Wage/ US$
100
150
200-300
300-500
Source: http://www.investmyanmar.biz/MyanmarInvestments.php?PageId=555
Fig. 12 – Wages of Individuals with Different Qualifications in 2012
[15]
31
The wages of individuals with different qualifications vary, with blue collar
unskilled worker being paid US$100 per month while university graduates with
knowledge of computers and English getting US$300 to US$500 monthly. Generally,
unskilled labour receives US$3 per day, while skilled labour gets twice this amount.
Estimated Construction Cost and Trends
32
The estimated construction cost for residential buildings is between S$600 to
S$800 per square meter.
17
33
Given the interest in Myanmar, it can be projected that the construction cost
would be an upward trend.
Types of Available Projects
No.
Type of Project
Description
(a) Infrastructure – Roads &
Highways
Greater Mekong Sub-region
East-West Economic Corridor
Eindu to Kawkareik Road
Improvement
(b) Infrastructure – Roads &
Highways
Developing the Asset
Management Programme for
Myanmar Roads
©
Meeting facilities
Infrastructure – Buildings
(d) Energy, Power & Electrical,
Infrastructure & Construction
Mai Khot Power Station
(e) Energy, Power & Electrical,
Infrastructure & Construction
Dawei Power Station
(f)
Htantabin Power Station
Energy, Power & Electrical,
Infrastructure & Construction
(g) Energy, Power & Electrical,
Infrastructure & Construction
Kalewa Power Station
(h) Infrastructure – Roads &
Highways
Greater Mekong Sub-region
East-West Economic Corridor
Extension into Myanmar
(i)
Infrastructure & Construction
Myanmar National Community
Driven Development Project
(j)
Transportation – Ports,
Waterways & Shipping,
Infrastructure & Construction
Kaladan Multi-Modal Transit
Transport Project to link sea
route in Myanmar with
Mizoram
(k) Transportation – Ports,
Waterways & Shipping,
Deadline
Construction of Sittwe Port
18
(l)
Infrastructure & Construction
Project
Infrastructure – Building,
Infrastructure – Bridges, Water
& Sanitation, Infrastructure &
Construction, Infrastructure –
Roads & Highways, Energy,
Power & Electrical,
Consultancy, Environment &
Pollution, Consultancy –
Engineering, Industry – Fire
Safety & Securities, Services
National Community Driven
Development Project
(m) Infrastructure & Construction
8 November
2013
E| Large Grants
Source:
http://www.cwctenders.com/search.php?notice_type_new%5B%5D=1%2C2%2C3%2C7%2C10%2C11%
2C16%2C9%2C4%2C8%2C5&sector=0&region_name%5B%5D=MM&day=0&mon=0&year=0&t=&deadli
ne=select
Fig. 13 – Types of Available Projects in Myanmar
34
[16]
Types of services provided by the Ministry of Transport:
(a) Airport Construction Investment & Terminal Operation Services
(b) Civil Aviation Training Services
(c) Aircraft Repair & Maintenance Services
(d) Selling & Marketing of Air Transport Services
(e) Computer Reservation System (CRS) Services
(f) Aircraft Leasing without Crew Services
(g) Aircraft Leasing with Crew Services
(h) Air Freight Forwarding Services
(i) Cargo Handling Services
(j) Aircraft Catering Services
(k) Refueling Services
(l) Aircraft Line Maintenance Services
(m)Ramp Handling Services
(n) Baggage Handling Services
(o) Passenger Handling Services
(p) Ground Handling Services
(q) Airport Hotel Services
(r) Aircraft Spare Parts Selling & Marketing Services
(s) Nautical Institute & Training School
19
(t) Shipping Agency Services for Foreign-Owned Ships
(u) Dockyard Services
(v) Water Transport related Services
(w) Construction of Buildings & other related business
35
Types of services provided by the Ministry of Construction:
(a) Establishment & Lease of Office/Commercial Buildings
(b) Building Design & Construction & other related Consultancy Services
(c) Construction of Factories, Installation of Machinery & Equipment &Test Run
(d) Mass Production of Building Materials to support Urban & Housing Sector
(e) Production of High Technology Prefabricated Building Materials
(f) Construction of Natural Disaster Resistant Buildings & related Infrastructure
using High/Modern Technology
Business Culture [17]
36
Myanmar society has traditionally been built on order, respect for elders and an
overarching respect for the Buddhist religion and the monks who represent it. The
people of Myanmar can be very friendly and helpful to visitors but they expect foreigners
to adapt to their codes of conduct. Politeness and respect should be the watchwords for
anyone visiting Myanmar, and discussion of politics should be avoided
37
The official language is Burmese but there are more than 100 different regional
dialects. Business meetings are usually conducted in English although it is advisable to
print a Burmese translation of your business card on the reverse as it will help to gain
respect from the business associate.
38
When introduced to people in Myanmar it is considered polite to refer to them by
their full title and full name. Although Myanmar names can be long, they should never
be shortened in address. There are many different honorific titles in the Burmese
language, but the most commonly used among business associates are “U” which is the
equivalent of “Mr,” and “Daw”, which can be interpreted as “Mrs”, “Ms” or “Madam”.
39
Business attire should be conservative and formal. As Myanmar has a hot,
equatorial climate, lightweight suits for men would be acceptable, if worn with a tie.
Women should wear either a skirt suit or a blouse and skirt. Ensure that the skirt is of a
conservative length, usually below the knee is preferred, and avoid bright colors. Most
businessmen in Myanmar will dress similarly when dealing with foreigners, but some
may still wear the traditional sarong-type garment with a western shirt or blouse.
40
There are certain aspects of body language which, while perhaps not usually an
issue in business meetings, is worth to pay special attention. For example, never point
20
at any image of the Buddha, and do not use the feet to point at anyone or anything as
this is a serious insult. Indeed, the people of Myanmar consider the upper part of the
body more sacred than the lower part, so a foreigner should not mix up things that are
used for different parts of the body, such as towels or water basins. Do NOT touch
anyone on the head or face as this is considered the height of rudeness.
FDI by Sectors
2.61
2.63
0.48
0.78
0.8
FDI Inflow by Sectors
0.43 0.09
0.06
Power
4.35
Oil & Gas
6.91
Mining
Manufacturing
Hotel & Tourism
46.68
Real Estate
Livestock & Fisheries
Transport & Communication
Industrial Estate
34.17
Agriculture
Construction
Other Services
Source: http://www.oecd.org/investment/investmentfordevelopment/49972522.pdf
Fig. 14 – FDI Inflow by Sectors in Myanmar in 2012
[18]
41
Figure 14 shows that the power, oil and gas sectors attracted most of the FDI
inflow to Myanmar in 2012, where they made up about 80% of the total FDI inflow.
However, the construction industry contributed only small percentage of the total FDI.
21
Setting up Business or a Company
42
According to the Foreign Investment Law, a foreign entity may establish its
presence in Myanmar as a limited liability company (private or public), a registered
branch and a representative office of a company incorporated outside Myanmar.
i)
Limited liability company
- Basic Fundamental
43
A limited liability company may be 100% owned by foreign investors except
certain industries that are closed to private investment, where they can only be carried
out by the government. The government will permit these activities to be carried out by
any person or economic organisation, with or without a joint venture with the
government and subject to unspecified conditions.
44
There are two types of limited liability companies in Myanmar, namely a private
limited liability company and a public limited liability company. A private limited liability
company is required to have at least two shareholders and the number is limited to 50.
The transfer of shares to a foreigner is restricted. On the other hand, a public limited
liability company is required to have at least seven shareholders.
- Registration of foreign investment
45
Foreign investors may register their companies under the Myanmar Companies
Act (CA) or in conjunction with the Union of Myanmar Foreign Investment Law (MFIL).
46
Companies registered under the MFIL are eligible for tax incentives while those
registered under the CA are not. Both companies registered under the CA and MFIL are
allowed to undertake manufacturing activities and provide services. However, the
minimum foreign share capital for companies registered under the MFIL is US$500,000
for manufacturing and US$300,000 for service companies while for those registered
under the CA, it is only US$150,000 for manufacturing and US$50,000 for service
companies.
- Registration procedure of foreign investment under the MFIL
(a) Obtain a permit from the Myanmar Investment Commission (MIC)
(b) Apply for a permit to trade from the Directorate of Investment and Company
Administration (DICA)
(c) Apply for registration with the Companies Registration Office (CRO)
22
- Registration procedure of foreign investment under CA
47
A foreign company formed under the CA does not need to obtain a MIC permit,
and is only required to apply for a permit to trade and register with the CRO.
- Corporate structure
48
A minimum of two shareholders and two directors are required. There is no
requirement for the shareholders to be natural persons and directors to be residents in
Myanmar.
- Minimum share capital requirements
Manufacturing company
Service company
MFIL
US$500,000
US$300,000
CA
US$150,000
US$50,000
Source: http://www.pwc.com/sg/en/assets/document/myanmar_business_guide.pdf
Fig. 15 – Minimum share capital requirements for different companies formed under the MFIL and CA
49
[19]
The registration fee of the incorporation of a company in Myanmar is US $2,500
ii) Branch of a company incorporated outside Myanmar
50
A foreign company can set up its branch in Myanmar. A foreign branch formed
under the CA does not need to obtain a MIC permit, and is only required to apply for a
permit to trade and for registration. The branch can be a manufacturing or a service
company.
51
However, a foreign branch formed under the MFIL is required to obtain a MIC
permit, in addition to a permit to trade and a registration certificate.
52
The registration fee payable on the registration of a branch in Myanmar is US
$2,500.
iii)
Representative office of a company incorporated outside Myanmar
53
Foreign companies with business relations or investment projects in Myanmar
may apply to set up representative offices in the country. A representative office of a
company incorporated outside Myanmar is not allowed to perform direct commercial or
revenue generating activities in Myanmar. However, it is permitted to liaise with its head
office and collect data useful for the head office.
23
iv)
Joint venture
54
Foreign investors can set up their business in the form of a joint venture, either
as partnerships or limited companies, with any Myanmar partner such as an individual,
a private company, a cooperative society or a state owned enterprise. In all joint
ventures, the minimum shareholding of the foreign party is 35% of the total equity
capital [18].
Registration of a Company in Myanmar
i)
A step-by-step guide for starting a foreign-owned business in Myanmar
55
Myanmar offers two options to foreign investors who want to register a business
entity in a nation blessed with rich natural resources and famed for its inexpensive
skilled labour. Businesses that require substantial investment, such as manufacturing,
construction, mining, hotels & resorts, agriculture, transport, etc, need to be registered
under the Myanmar Foreign Investment Law (MFIL). However, foreign trading
companies and service providers can register under the Myanmar Companies Act
(MCA). Existing laws restrict trading activities by foreign companies.
ii)
Registration under the Myanmar Foreign Investment Law (MFIL)
56
One hundred percent foreign-owned companies and joint ventures with the
Myanmar government or Myanmar nationals can be registered under the MFIL. For joint
ventures, the minimum foreign stake is 35 percent of the company’s share capital.
Despite the minimum specified capital requirement of US$ 500,000, in practice business
entities usually invest between US$ 1,000,000 to US$ 2,000,000, depending on the size
and nature of the investment project. In the case of joint ventures with the Myanmar
government, companies can opt for local company status under the Special Company
Act (1950).
57
The main stages for registering a company under MFIL are:
-
Step-1: Applying for Myanmar Investment Commission’s (MIC’s) Permit
58
Companies under MFIL need to apply for a permit from the Myanmar Investment
Commission (MIC) before they are able to enjoy a three-year tax holiday (which is the
period of construction or the first three years of business). During this initial period,
qualifying companies are exempt from paying customs duty.
Essential documents required for this process are:
24
(A) Proposal to the Foreign Investment Commission in the prescribed form – Form I
(B) Draft contract or contracts, as the case may be (eg. JV Agreement)
(C) Draft Memorandum of Association and Articles of Association
(D) Feasibility Study and Profitability Projection Statement for the project period or first
ten years, including a “Cash Flow Statement”
(E) Bank reference regarding financial standing
(F) Lease of Land or Properties with maps etc.
(G) For a company, (i) last two years’ Annual Reports and (ii) Performance guarantee
-
Step-2: Applying for ‘Permit to Trade’
59
Apart from joint ventures with the government, which are regarded as local
companies, every business entity needs a ‘Permit to Trade’, which is issued by the
Directorate of Investment and Company Registration (DICA).
60
The following documents are required for ‘Permit to Trade’ applications:
(a) A summary of intended business or economic activities
(b) Statement of estimated expenditure during the first year of operation
© Bank references that provide evidence of the financial standing of the subscribers to
the Memorandum & Articles of Association
(d) Power of Attorney in favour of the individual who signs the applications, if he or she
is not a subscriber to the proposed company’s Memorandum and Articles of Association
or one of its proposed directors
(e) If any of the parties is a company, a Board of Directors’ Resolution to incorporate a
Company in Myanmar
(f) If the Company will be incorporated as a subsidiary of an overseas company, signed
accounts of the parent company for last two years, authenticated and legalised. (If the
accounts are published and bound properly, notarization is not required)
25
61
On receipt of approval of the Permit to Trade application, ‘Conditions’ attached
must be agreed, signed and returned to DICA.
62
The minimum capital, as specified in the ‘Conditions’, must be brought into
Myanmar in two installments: the initial half before issuance of the permit, and the
second half within twelve months of issuance. The initial capital should be remitted
either to the Myanmar Investment & Commercial Bank or to the Myanmar Foreign Trade
Bank. The DICA issues the ‘Permit to Trade’ after receiving the credit advice from the
bank.
-
Step-3: Incorporation
63
The application for company incorporation should be submitted together with a
photocopy of the ‘Permit to Trade’.
64
The following documents are required:
(a) A list of authorized people who can accept official notices
(b) Particulars of each Director including their address, occupation and nationality
© Passport copies of directors
(d) List of the shareholders and their shareholdings
(e)Particulars of each shareholder including their address, occupation and nationality
65
The estimated time required for company incorporation under MFIL is 4-6
months.
iii)
Registration under the Myanmar Companies Act (MCA)
66
The minimum investment required for a foreign company under the MCA is US$
50,000. The registration process under this act involves the last two steps of the MFIL
company incorporation process. Under the MCA, the ‘Permit to Trade’ is valid for three
years. Renewal of the ‘Permit to Trade’ requires submission of the same (up-to-date)
documents as in the original application.
67
The incorporation process under the MCA takes 2-3 months.
26
Sectors where Singapore can engage
68
The Ministry of Construction of Myanmar is looking for good partners with the
right expertise to achieve equitable growth as it transitions into a modern economy. It
outlined two areas of focus in urban development:
(a) Developing a comprehensive urban development plan and a legal and financial
framework to promote home ownership and investments in the real estate sector.
(b) Building satellite cities and low-cost housing, including hotels, serviced
apartments and housing ranging from high-end condominiums to low-cost
projects.
69
The Myanmar government recognises the need for sustainable urban and
industrial development. Singapore companies’ expertise and experiences in long-term
planning and attracting investments can provide comprehensive solutions to meet the
country’s needs. These include master planning, project management, building and
construction, hospitality management and investment, as well as real estate
development.
70
Development in downtown Yangon is moving out to surrounding regions, leading
to new satellite cities and townships. The provision of green and reliable water and
energy solutions will also help ensure the sustainable growth of the industrial sector [20].
71
Areas where Singapore companies can engage include the following:
•
•
•
•
•
•
•
Hotels
Residential/service apartments to cater for expatriates and wealthy locals
Office buildings
Construction equipments and materials;
Education and vocational training
Business consultancy
Environmental treatment services for items such as water and sanitation
Green Building Standards
72
Myanmar has yet to propose its own Green Building standard and hence it would
be an opportune time for BCA Green Mark to enter this market as soon as possible.
However, Myanmar may take some time to settle itself in the many areas and therefore
its engagement of green standard could take slightly longer.
27
IV
BCA, MND, Industry Engagements and Issues
Visits
73
Singapore and Myanmar have been enjoying close ties for the past decade and
hence the political leadership has been keeping in close communication with their
counterparts in Myanmar. Mutual visits have been very common in the past two to
three years. In addition, the private sector has expressed interest to do business with
Myanmar.
74
On the other hand, BCA has not been organising many mission to Myanmar.
This is partly due to the fact that it would be undesirable to give the wrong impression to
the counterparts that the Singapore Government agencies are moving in a big way to
help the newly opened economy.
The Minister (ND) has appointed CEO HDB to coordinate the public sector’s effort to help Myanmar and hence public agencies are
expected to keep the supervising Ministry and co-ordinator informed in their dealing with
Myanmar.
75
Nevertheless, Myanmar is a market with huge potential and stepping up of effort
to engage Myanmar would be a step in the right direction.
Projects done by Singapore Companies
Companies
Type of Engagement
Tiong Seng
Overseas Training Centre (OTC)
Team Build
OTC
Kian Heng Engineering Works
OTC
Evan Lim
Construction
Woh Hup
Construction – Shangri La Development
SoilBuild
Property Development
Ryobi-Kiso
Piling Works
DP Architect
Architecture Services
RSP Architect
Ong & Ong
28
HSL
Marine Construction & Engineering
Top Global Engineering
Construction & Property Development
Beca Carter
Consultancy
Hexacon Construction
Construction
Tham & Wong LLP
Civil & Structural Consulting Services to the
Construction Industry
Tiong Woon Corporation
Heavy Lifting Crane Rental
Sam Who
Importing Sand
Fig. 16 – Singapore Companies involved in projects in Myanmar
V Conclusion
76
Development in Myanmar is progressing very rapidly to catch up on the lost time.
As Singapore political leadership has been widely accepted by the counterparts in
Myanmar as fiends due to the past support given to Myanmar during the earlier days, it
is relatively easier for Singapore companies to penetrate the market in Myanmar.
VI Embassy Information
Country
Myanmar
Address
15 St Martin’s Drive
Singapore 257996
Tel
6735 0209
Fax
6735 6236
29
VII Bibliography
Online Articles
Economy Watch Content. (2010). Myanmar Economic Structure. Retrieved from
http://www.economywatch.com/world_economy/myanmar/structure-of-economy.html [5]
The Irrawaddy. (2012). Burma’s GDP Growth to Rise to 6.25% Next Year, IMF Says.
Retrieved from
http://www.irrawaddy.org/archives/19519 [7]
Justin Kent. (2012). Can Manufacturing Succeed in Myanmar? Retrieved from
http://www.forbes.com/sites/connorconnect/2012/10/18/can-manufacturing-succeed-inmyanmar/ [14]
Online Journals
Witada Anukoonwattaka & Mia Mikic & Martina Francesca Ferracane & Joana Maria
Tacken. (2012). Myanmar: Opening Up to its Trade and Foreign Direct Investment
Potential. 4, 5. Retrieved from
http://www.unescap.org/tid/publication/swp112.pdf [9]
Billy Selig & Fatin Mattar & James Leatham. (2012). Myanmar Research Series. 3, 4.
Retrieved from
http://newcrossroadsasia.com/main/images/myanmar%20macro%20%20infrastructure%20-%20preview.pdf [10]
Ong Chao Choon & Chris Woo & Jovi Seet & Lim Hwee Seng. (2012). Myanmar
Business Guide. 13, 14. Retrieved from
http://www.pwc.com/sg/en/assets/document/myanmar_business_guide.pdf [19]
International Enterprise Singapore. (2012). Myanmar Minister Welcomes Local
Companies’ Expertise at Business Dialogue by IE Singapore. 1, 2. Retrieved 4 March,
2013 from
http://www.news.gov.sg/public/sgpc/en/media_releases/agencies/ie%20singapore/press
_release/P-201205041/AttachmentPar/0/file/MR01512_IE%20Myanmar%20Business%20Dialogue_2012%20
05%2004.pdf [20]
30
Websites
http://en.wikipedia.org/wiki/Thein_Sein
[1]
http://en.wikipedia.org/wiki/Politics_of_Burma [2]
http://www.indexmundi.com/g/g.aspx?v=21&c=bm&l=en [3]
https://www.cia.gov/library/publications/the-world-factbook/geos/bm.html [4]
http://www.gfmag.com/gdp-data-country-reports/214-myanmar-gdp-countryreport.html#axzz2M9lrqng8 [6]
http://data.worldbank.org/indicator/BX.KLT.DINV.CD.WD [8]
http://marketpublishers.com/lists/13938/news.html [11]
http://www.interconsulting.com.sg/myanmar-business-opportunities.htm [12]
http://www.asean-china-center.org/english/2010-05/28/c_13321293.htm [13]
http://www.investmyanmar.biz/MyanmarInvestments.php?PageId=555 [15]
http://www.cwctenders.com/search.php?notice_type_new%5B%5D=1%2C2%2C3%2C
7%2C10%2C11%2C16%2C9%2C4%2C8%2C5&sector=0&region_name%5B%5D=MM
&day=0&mon=0&year=0&t=&deadline=select [16]
http://www.myanmars.net/myanmar-culture/index.htm[17]
http://www.oecd.org/investment/investmentfordevelopment/49972522.pdf [18]
31