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Doing Business in Myanmar

The business environment in Myanmar is rapidly evolving, with the government enacting reforms to attract foreign investment and diversify the economy. There’s a focus on developing infrastructure and real estate, improving socioeconomic conditions, and addressing market challenges to create a more conducive environment for doing business. Those considering doing business in Myanmar markets must consider cultural insights and regional economic hubs to tailor strategies that resonate with local business practices and consumer behaviors.

Key Takeaways

  • Myanmar offers strategic access to Asian markets but demands careful navigation of its regulatory framework.
  • Economic reforms and infrastructure development are pivotal in enhancing Myanmar’s investment appeal.
  • Understanding Myanmar’s unique business etiquette and regional dynamics is key for successful market entry and operation.

Economic Overview

In Myanmar, the economic landscape is marked by its struggle to recover from political and health crises, impacting investment and the performance of key industries. Here is an insight into the current economic climate, how international sanctions are affecting the economy, and an overview of Myanmar’s GDP and its main industrial sectors.

Current Economic Climate

The economy in Myanmar is estimated to have grown by 3 percent in 2023, despite significant challenges. However, it is still estimated to be approximately 30 percent smaller compared to the absence of COVID-19 and the political upheaval following the coup. Foreign investment has been cautious, and the country’s once promising gas project advancements are now overshadowed by a degree of uncertainty.

Impact of Sanctions

Myanmar faces a range of international sanctions that have a compounded effect on its economic development. These sanctions affect various sectors by limiting access to foreign markets and restricting the flow of capital. Investment, particularly in strategic industries, has been curtailed, with some investors pulling out or suspending their operations amidst ethical concerns and regulatory complexities.

GDP and Key Industries

Myanmar’s GDP per capita is notably below 2019 levels, indicative of the severe economic contraction the country has experienced. Among the key industries, gas production is crucial for Myanmar’s export revenues, while other significant sectors include agriculture and garment manufacturing. These industries play a vital role in the country’s economic structure and growth prospects, but they are also facing the brunt of internal and external adversities.

Business Environment

The business environment in Myanmar has seen a considerable shift in recent years, with a focus on economic reforms and an increasing openness to foreign investment. Despite these advancements, challenges such as corruption and a need for greater transparency persist.

Starting a Business

In Myanmar, the process of starting a business can be notably time-consuming, partly due to the bureaucratic procedures involved. The main commercial hub of the country, Yangon, is a focal point for new business registrations. To streamline the process, authorities have made efforts to reduce the steps required for registration and tax compliance. However, the World Bank’s Doing Business 2020 reporthighlights that while reforms have been made, there is still room for improvement in simplifying the start-up procedures.

Legal Framework

Myanmar’s legal framework has been under transformation, but it still faces hurdles in the areas of enforcement and consistency. Laws regarding business operations are being revised to provide more clarity and transparency. However, they remain complex and can pose difficulties for those unfamiliar with the local legal system. The country is gradually implementing reforms to bolster the rule of law, though it is recognized that eliminating corruption remains a critical challenge.

Foreign Investment Regulations

Policies on foreign investment have become more accommodating, encouraging businesses to explore opportunities in the country. The Government of Myanmar has set up regulatory reforms to create a more inviting business environment for overseas investors. The Oxford Business Group reports that significant economic growth and regulatory reforms have made the industrial sector in Myanmar more appealing to foreign investment.

Economic Reforms

The government’s push for economic reforms aims at creating a dynamic and competitive business environment. Key areas of focus include the liberalization of trade policies, improvements in infrastructure, and the modernization of the financial sector. The Asian Development Bank’s Country Operations Business Plan aligns with these goals to support Myanmar’s overall sustainable development plan. However, consistent implementation of these reforms is crucial to achieve the desired outcome of an enhanced business climate.

Political Landscape

The political terrain in Myanmar is complex, where the tussle between the military’s control and the quest for democracy shapes the business environment. This dichotomy has implications for civil liberties, foreign investment, and economic growth.

History of Military Rule

Since its independence from British rule in 1948, Myanmar, formerly known as Burma, has been predominantly under military governance. The army, known as the Tatmadaw, has been a formidable force, with its first coup d’état in 1962 establishing a socialist military regime that lasted until the late 1980s. The country faced international isolation during this period, leading to an economy struggling under economic sanctions and mismanagement.

Democratic Movements

The National League for Democracy (NLD), led by Aung San Suu Kyi, emerged from the 8888 Uprising as a major force advocating for democracy. Despite winning a landslide victory in the 1990 democratic election, the military junta refused to cede power. A prolonged struggle for democracy ensued, marked by intermittent periods of partial civilian rule, house arrest for Suu Kyi, and international pressure. The 2015 election resulted in a government led by the NLD, albeit with the military retaining significant power.

Civil and Political Stability

Unfortunately, the quest for full democracy was abruptly halted by a military coup on February 1, 2021, when the armed forces detained Aung San Suu Kyi and other NLD officials, citing electoral fraud. The junta (military government) assumed control, leading to widespread protests and international condemnation. Civil and political stability has since deteriorated, impacting censorship, human rights, and the overall business climate. Foreign businesses operating in Myanmar face ethical and legal challenges, given the reports of human rights abuses and the complex sanctions landscape.

Infrastructure and Real Estate

Myanmar’s infrastructure and real estate sectors have shown significant growth, reflecting an increased focus on modernizing the country’s economic foundation through strategic development in construction, transportation, and telecommunications.

Construction Sector Growth

The construction industry in Myanmar has become a pivotal part of the local economy, with real estate leading domestic investment efforts. In recent fiscal years, investments in permitted enterprises have been substantial, fueling projects across the nation. The industry also works to close gaps in affordable housing and supplement the creation of economic zones, expected to attract further investment.

Transportation Infrastructure

Upgrades and expansions in transportation infrastructure are critical for supporting Myanmar’s economic growth. Investments have been channeled into developing transport networks, improving communications systems, and increasing accessibility, both domestically and internationally. These efforts aim to facilitate travel and trade, which are vital for the country’s integration into the global economy.

Telecom Expansion

The telecom sector in Myanmar has undergone significant transformation, with expansion being a top priority to enhance connectivity. This expansion includes both traditional communications and digital infrastructure, supporting the country’s thrust towards technological advancement and providing a substantial backbone for both current and future growth in various economic sectors.

Socioeconomic Factors

In Myanmar, the socioeconomic landscape is pivotal to understanding the intricacies of doing business, particularly when considering the workforce and labor market, the educational system, and the healthcare overview.

Workforce and Labor Market

Myanmar’s labor market presents both challenges and opportunities for businesses. The country has a significant informal sector, with many workers engaged in agriculture and small-scale trade. The formal sector is growing, though it contends with regulatory challenges and an evolving labor law framework. Low labor costs compared to the region can be advantageous for certain types of businesses, but this is often offset by the need to invest in training for skilled labor.

Educational System

The educational system in Myanmar has long faced underinvestment and capacity challenges. However, recent initiatives are aiming to improve access to education and raise the quality of schooling. Literacy rates have been on the rise, suggesting a gradual strengthening of the fundamental educational groundwork. The focus on educational reform is a critical element for sustaining economic momentumand nurturing a workforce that can meet the needs of a modernizing economy.

Healthcare Overview

Healthcare in Myanmar is in a process of transition, with the aim of improving health outcomes and access to services for its population. Healthcare facilities remain limited, especially in rural areas. Investments in healthcare are recognized as essential for a robust workforce, as they ensure a healthier, more productive population. The recent socio-economic situation monitored by United Nations Agenciesdemonstrates that public health is a crucial component of overall social stability and economic growth.

Market Challenges

Doing business in Myanmar is fraught with several notable market challenges that are important for investors and companies to understand if they aim to operate in this complex environment.

Bureaucratic Hurdles

Myanmar’s bureaucratic processes can significantly impede business operations. Investors may face prolonged delays in securing permits and licenses due to convoluted administrative procedures. This Asian nation ranks 171st out of 190 economies in terms of the ease of doing business, reflecting its challenging regulatory framework.

Operational Transparency

Operational transparency in Myanmar is compromised by both an ineffective financial infrastructure and banking sector volatility. The recent military actions have imposed draconian measures, further complicating financial transactions and undermining the confidence of foreign and local businesses.

Ethical Considerations

Companies operating in Myanmar must navigate an environment where human rights criticisms are significant. The ethical implications of doing business in a region with such concerns can affect a company’s reputation and its relations with stakeholders and the international community.

Cultural Insights

When doing business in Myanmar, also known as Burma, understanding the local culture is critical. Culture deeply influences business etiquette, negotiation practices, and the establishment of trust and connections.

Business Etiquette

In Myanmar, business etiquette is marked by respect and politeness. Dress code should be conservative, and punctuality is regarded as a sign of respect. The traditional greeting involves a bow with hands placed together, although a handshake is commonly accepted, especially with international guests. Business cards are exchanged with two hands as a show of deference.

Negotiation Practices

Negotiation in Myanmar is a delicate process requiring patience and non-confrontational behavior. It’s important to avoid high-pressure tactics as they may be counterproductive. Face-saving is paramount, and any disagreement should be handled with tact. One should never rush the decision-making process, as this could negatively impact both negotiations and long-term relationships.

Building Trust and Connections

Developing trust and connections, termed ‘guanxi’, is vital in Myanmar’s business world. Relationships are traditionally fostered over a longer term, with an emphasis on mutual respect. Social gatherings and shared meals are often platforms for strengthening business ties. The concept of trust extends beyond personal rapport, as there is a strong inclination for family-owned or long-established businesses, enhancing confidence in transactions.

Regional Economic Hubs

In Myanmar, the economic landscape is dominated by two main regional hubs: Yangon, the commercial capital and primary economic center, and Mandalay, known both for its cultural significance and its growing economic importance.

Commercial Capital: Yangon

Yangon stands as Myanmar’s economic powerhouse, hosting major banks, financial institutions, and the country’s only stock exchange. It is a critical trade and logistics hub with the largest Special Economic Zone (SEZ) in the country. The city’s infrastructure and business-friendly environment make it an attractive destination for international investment and corporate operations.

Cultural Center: Mandalay

Though famed for its rich cultural heritage, Mandalay also plays a key role in Myanmar’s economy. As the economic hub of Upper Myanmar, it serves as a vital link for trade with neighboring countries due to its strategic geographic position. Investments in infrastructure and various industries are turning Mandalay into a thriving business center, complementing its cultural significance.

Legal Considerations

When conducting business in Myanmar, investors must navigate a legal framework that has undergone significant changes, particularly in areas of corporate law, property rights, and investment protections. An understanding of these legal dimensions is crucial for compliance and successful operations.

Corporate Law

In Myanmar, the corporate legal environment was markedly transformed with the introduction of the Myanmar Companies Law (MCL) in 2017, which came into effect in 2018. The key aspects of this reform include:

  • Allowing foreign investors to hold up to 35% of shares in Myanmar companies without changing the company’s classification to a “foreign company.”
  • Simplification in the formation of companies, mandating a minimum of only one shareholder and one director.

Property Rights

The recognition and enforcement of property rights in Myanmar are still evolving. Restrictions exist when it comes to foreign ownership of property, as they are generally not allowed to own land. However, with a permit from the Myanmar Investment Commission (MIC), foreign investors may be entitled to:

  • Leases of land for up to 50 years, with the possibility of extensions.
  • Other forms of rights such as usage rights, concessions, or licenses to utilize land.

Investment Protections

Investment protections are embodied in the Myanmar Investment Law (MIL), which provides a range of incentives and protections for businesses including:

  • Guarantees against nationalization and expropriation.
  • Entitlement to compensations at market values in cases where investments are affected by political instability or government actions.

Conducting business in Myanmar involves collaboration with or permission from various state-owned enterprises, especially in key sectors such as energy, mining, and telecommunications. It is critical that businesses understand and adhere to specific regulations and restrictions that affect state-owned entities and the broader Myanmar legal landscape.

International Relations

Myanmar’s strategic position in Southeast Asia and its complex history of international interactions profoundly affect its relations on a global stage. As an ASEAN member, the nation’s regional partnerships are significant. However, its relationship with the United States has fluctuated, often influenced by Myanmar’s internal political climate and stance on human rights. Despite economic isolation periods, Myanmar maintains global economic ties that shape its international trade and investment prospects.

ASEAN Membership

Myanmar is a key member of the Association of Southeast Asian Nations (ASEAN), which has contributed to its regional integration efforts. Through ASEAN, Myanmar engages in various initiatives aimed at promoting economic, political, and security cooperation in the region. The bloc’s underlying principle of non-interference allows Myanmar to maintain a degree of sovereignty over its internal affairs.

Relations with the United States

The relationship between Myanmar and the United States has been tumultuous, with the U.S. imposing sanctions during periods of military rule and human rights violations. Recent events have seen a resurgence of these measures, warning of heightened risks associated with doing business in Myanmar, particularly when military involvement is prevalent. Economic sanctions have historically led to Myanmar’s economic isolation, which has oscillated with the country’s political landscape.

Global Economic Ties

While its economy has faced isolation, Myanmar also has substantial global economic ties. The nation has attracted foreign investment in natural resources and strategically leverages its location between major Asian economies like India and China. International companies consider Myanmar’s market to be under-developed but with long-term potential, given its resources and location. This view persists despite the complexities of its political situation and the challenges in establishing and maintaining stable operations.

Milly is an international lawyer and tech entrepreneur who has advised companies on expanding globally for over 5 years. She is an advocate of remote hiring and regularly consults on future of work matters. Milly founded RemotePad to help employers learn more about building and growing international teams.