Myanmar Immigration LawBurma Immigration Law
The new Trademark and IP Protection Act came into force.
Department of Labour, Immigration and Population " THE BURMA IMMIGRATION EMERGENCY Provisión ACT,1947
3 (1) No foreign national may arrive in the Union of Burma without an immigration authorisation granted by the controller or an authorised officer to grant such authorisations, or a passport in force properly visaised or certified by or on the President³s behalf: 4 (2) All these terms and Conditions shall be considered as prerequisites for the holders of such permission or visas to be able to enter or reside in the Union of Burma, and any violation of any of these terms and circumstances shall require the holders to be expelled from the Union of Burma if the President of the Union so ordains.
13 (2) Anyone who, as a transporter, is aware of a persons who is not entitled to travel, import or attempt to travel to the Burmese Union will be detained for a period of at least six month up to a max. five years or up to a penalty of at least K.1500 for any individual who is being or is being taken to Burma or to both.
Myanmar's legal framework and immigration
As part of this week's case story, our customer, XYZ B.V., asked us if it was possible to have a senior officer sent to Yangon to carry out research before their new business was authorized and listed for use. We recommended them to start a MIC firm in our case last weeks work.
It will take approximately 3 month to obtain admission to the MIS, but the firm wants to begin research immediately. For this particular case, we advise that no personnel or a senior scientist should be sent to Yangon on a touristic permit. Visas are only issued for a 28-day stay and do not allow the owner to operate commercially in Myanmar.
Since it is forbidden to rent an accommodation to persons with a tourism visas, XYZ B.V. employees may only spend the night in a motel authorized by the Ministry of Tourism. Therefore, employees who wish to carry out marketing research should travel to Myanmar on a current commercial permit which will be available upon arriving at Yangon or Mandalay international airports or from a Myanmar embassy abroad.
In order to obtain a commercial permit, the employee needs a copy of a Myanmar based firm's welcome letters and a copy of the company's formal deed. But is it possible to obtain these formal documentation? The XYZ B.V. wants to start immediately with the research, especially as the competition is also trying to get into the open-mindedness.
Therefore, it is important to immediately dispatch a senior officer with a current trade permit to Myanmar. One of our customers, a 100% Myanmar-based enterprise, is willing to issue the necessary documentation for a small surcharge. It is important, however, that the activities are on juridical grounds.
In Myanmar, our Myanmar office is also able to recruit XYZ B.V. research professionals and reimburse their wages. Human resources lease and recruiting activities are lawful in Myanmar and also offer full wage and salary accounting and work-related taxation counsel. In view of this we recommended XYZ B.V. to submit information about its people to the respective companies so that they could prepare formal visas that would allow their people to obtain visas, make work agreements, make salary payments and comply with other statutory regulations.
In the course of this procedure, the overseas employees will continue to be under the oversight and surveillance of XYZ B.V.. After MIC XYZ B.V. has issued its business register, it can request a work permits at the Labour Directorate of the Ministry of Labour and a residence permits and a visas at the Department of Immigration and National Registry at the Ministry of Immigration and Population.
As soon as these approvals are granted, XYZ B.V. may send out invitations and other necessary documentation that its employees need to obtain a company entry visas. The Strohal Legal Group (SLG), established in 1979 by Dr. Theodor Strohal, is a law office specialising in transnational and cross-border transactions.
SLG provides legal advice in Myanmar under the name U Min Sein & Strohal Associates Law Company. Myanmar Business Today's statements and beliefs are those of the authors and do not necessarily represent the view of Myanmar Business Today.