Competition law ecommerce laws and regulations myanmar. Developing the human resources and promoting the quality of the staff are important matters in establishing the ip office of myanmar. Law amending the labour dispute settlement law for the second time pyidaungsu hluttaw law no. Under myanmar law, parties are free in principle to choose any foreign law as the governing law of an agreement, subject to the operation of any applicable mandatory rules. Following legislative scrutiny, competition law no 92015 was enacted on 24 february 2015. Overview of competition law in myanmar competition policy. Handbook on competition policy and law in asean for business 2017. The myanmar competition commission will focus on looking into allegations of unfair competition in the market following formal reports of complaints, says u ko ko lay, the secretary of the commission. Asean member states had, in adopting the asean economic community blueprint in 2007, committed to endeavor to introduce competition policy in all asean member states by 2015. Brunei darussalam, lao pdr, myanmar, and the philippines and amendments to competition laws in singapore and thailand. The commission acts as a regulatory authority that carries out the duties and responsibilities provided under the competition law the law which has been in force since.
The next and final step is for the president of myanmar to issue and sign a notification informing the date of entry into force of the patent law. Acknowledgements the guide was elaborated by jason judd and janet c. To level the playing field amongst businesses and promote a culture of fair competition, the pyidaungsu hluttaw law no. The president announced late last year that the myanmar competition act will come into force in february 2017. Checkley consultants for the freedom of association and social dialogue project, ilo office for myanmar and coordinated by christopher land. Telecommunications law 20, march 2017 article 19 free word centre, 60 farringdon rd, london ec1r 3ga. Overview of competition law in myanmar competition. The commission acts as a regulatory authority that carries out the duties and responsibilities provided under the competition law the law which has been in force since february 2017. Article 7 of the ecl states the duties and powers of the ministry of environmental conservation and forestry moecaf, which include. The implementation of the competition law to date has been slow and piecemeal, reflecting myanmars inexperience with competition legislation and the need to. Development of intellectual property system in myanmar. The competition law prohibits anticompetitive agreements and abuse of market power.
Dec 20, 2018 by notification 106 of 2018 dated 31 october 2018, the myanmar government has formed the competition commission further to the competition law, which came into force in february 2017. The myanmar law information system is a website providing service of the myanmar law information sel font zawygione pyidaungsu by menu all search union laws subordinate legistration of union laws region or state laws self administrated zonedivision laws treaty precedent schedules or forms. On 30th march 2017, the ministry of planning and finance, therefore, published the myanmar investment rules mir under the myanmar investment law 2016 mil as notification no. This law shall be called the foreign investment law.
Ministry of commerce notification 502017 competition rules. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. The expressions contained in this law shall have the meanings given hereunder. As myanmars competition law regime becomes fully operational. An overview of myanmars forthcoming competition law by. In elections, national league for democracy nld wins 392 of 492 seats and 53% of popular vote, but the results are annulled by slorc. Myanmar first announced its draft antitrust legislation in 2014. Myanmar employment law is governed by both old and new laws and regulations, as well as internal policies and practices of the department of labour of the ministry of labour, immigra tion and population ministry of labour.
Myanmars competition law was enacted in 2015 and the myanmar competition commission was formed in october 2018, to take responsibility for enforcing the law. Iclg franchise laws and regulations covers common issues in franchise laws and regulations including competition law, real estate and protecting the brand and other intellectual property in 27 jurisdictions. Notification 692015 was issued on december 12 2015, declaring that the. Type text antitrust and merger control regulations there is currently no crosssector competition law and no competition merger control regulation in myanmar although the government is currently contemplating the introduction of such legislation. It is needed technical assistants on setting up the ip infrastructure in myanmar collaboration with local and. Feb 26, 2018 the foreign investment law would provide a more secured legal environment to the investors in the quasivirgin market of myanmar. Myanmar laws1990 is under arrangement for publication in the near future.
Myanmar competition commission issued order 22020 on 25 march, exercising its power conferred under article 56b of the competition law. The objectives of the competition law of myanmar are. Aug 25, 2015 type text antitrust and merger control regulations there is currently no crosssector competition law and no competition merger control regulation in myanmar although the government is currently contemplating the introduction of such legislation. Law and policy on land in burmamyanmar online burma.
The foreign investment law would provide a more secured legal environment to the investors in the quasivirgin market of myanmar. A growing trend myanmar launches a new competition regime. Since the new nld government came to power at the end of march 2016, the status of the nlup has become somewhat unclear, as authorities have not officially supported the policy. Mar, 2015 the competition law will come into force at a time determined by the president and is currently awaiting the expiry of the statutory 90day waiting period within which the myanmar government is to. The new myanmar companies law 19 th december, 2017. Myanmars competition law was enacted in 2015 and the myanmar competition commission was formed in october 2018, to take responsibility for. Judging from the scope of the act and the serious penalties laid out in it for any breach, it seems myanmar aspires to follow the example of strong antitrust regimes in the region, such as malaysia, singapore, and beyond. On march 11, 2019, the assembly of the union of myanmar passed the patent law no. The myanmar law information system is a website providing service of the myanmar law information. This is the official website of myanmar president office.
This process was unprecedented in law development in myanmar. This issue myanmar laws2000 is theconinuation of the publication mentioned above. The accc has stated that competition law penalties. Environmental regulation directorate of investment and. There is now a statutory 90day waiting period, during which it is understood that the parliament should introduce rules and regulations to implement the act. Effectiveness of competition antitrust law policy and the extent of market. By notification 106 of 2018 dated 31 october 2018, the myanmar government has formed the competition commission further to the competition law, which came into force in february 2017. Handbook on competition policy and law in asean for. On 24 february 2015, the competition law was enacted in myanmar. Please subscribe to our premium service if you wish to receive an english translation. Myanmar businesses must begin to understand the competition regime brought about by the changes in the law and develop a compliance culture in line with it. Like other antitrust laws, the law also introduces a merger control regime in the country.
The environmental conservation law ecl 2012 and rules ecl rules 2014 both have implications for domestic and foreign investors in myanmar. The longawaited myanmar competition commission has been appointed. The myanmar investment law 2016 mil was enacted to replace the foreign investment law 2012 and the myanmar citizens investment law 20 on 18th october 2016. Notification 1062018 of the union government released on 31 october 2018 appointed the various members of the commission. Building 3, nay pyi taw, the republic of the union of myanmar. While the rules provide no material guidance on the interpretation and application of the substantive. Many laws dating back to the colonial period and postindependence period are, with more or less changes, still in force.
This is the next step towards the active implementation of the myanmar competition law 2015, which took effect in february 2017. Competition law, competitioncommission, country, myanmar, reports, unfair competition. Number of countries with competition laws cl, by region. Minimum wage minimum wage law came into force in 20 wage. An overview of myanmars forthcoming competition law 18. The words and expressions in this law shall mean as designated hereundera the state means the republic of the union of myanmar. Having in place an internal antitrust policy may show clear commitment to compliance, and may reduce penalties imposed in the event of any enforcement. The notification sets out the appointed members of the competition commission, with the current minister of commerce acting as chairperson. The myanmar government has recently established the myanmar competition commission the commission by issuing notification no. This guide to law online burma contains a selection of burmese legal, juridical, and governmental sources accessible through the internet. Moving forward, the aegc is committed to focus its work on establishing enforceable competition rules, putting in place effective institutional mechanisms for the implementation of competition law, creating. The order is directed at businesses excluding the service industry and aims to foster free and fair competition, develop fair competition in the market unilaterally, receive equitable benefits and protect the public interest by issuing.
Laos, myanmar, mongolia, papua new guinea, samoa, solomon islands. Following unrest, the state law and order restoration council slorc takes power through an internal coup. The ilo guide to myanmar labour law is funded by european union, norway, switzerland united states and the ilo. Since the ipda was never listed in the myanmar codes, there is no enforceable patent and design law in myanmar. This website will help traders find all the information they require to import goods into myanmar and export goods from myanmar. Page 4 of 10 the law contains several positive references to the important role of media in society, and expands legal protection for media freedoms and the rights of media workers. Myanmar competition commission issues restrictions on. The republic of the union of myanmar pyidaungsu hluttaw.
On 24 february 2015, myanmar passed the competition law the law, which prohibits competitive agreements and abuse of market. Myanmar laws 19881989, myanmar laws 1997 and myanmar laws 19981999. You can search the law, click law title or law context, and then enter search keyword. Furthermore, on 21st of december 2015, the office of the president of the republic of union of myanmar announced that myanmars competition law will come into force from 24th of february, 2017. It can be a rgued that i t is important to state the objectives of competition law as these objectives often exert influenc e on how the law is to be interpreted and enfor ced kaplow, 2014. The myanmar competition commission the commission was established pursuant to notification 1062018 dated 31 october 2018, and. The competition law will come into force at a time determined by the president and is currently awaiting the expiry of the statutory 90day waiting period within. Resulting from more than two years of negotiations which have involved several ministries, the competition law has been issued on february 24th 2015. On 24 february 2015, the parliament of myanmar signed off on the longawaited new myanmar competition law 2015, pyitaungsu hluttaw law no.
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