We provide below a breakdown of the new Standardization Law and Registration to Organizations law along with the salient modifications introduced by the new amendments to the Anti-Corruption Law and the 1951 Leave’s and Holidays Act:
Section 2(b) states the purpose of the law, which is to provide a set of guidelines and rules that ensure the regulation of quality and safety of products available to the consumers within the country. Section 2(k) stipulates that individuals are required to apply standardization certificate from the Standardization Committee, who would analyze and check the safety and suitability of the product before it is distributed into the market. Additionally Section 2(L) requires a person to get a recommendation certificate from the committee which would instruct the individual on their recommendation of the product in accordance with the laws and regulations of the country taking into account the type of services, method of production, production material et al.
The punishment for being in breach of the Standardization Law areas follows:
Punishment for being in breach of the Standardization Law
Failure to have a recommendation certificate, even when the standardization certificate is obtained, is punishable to a maximum of 3 years imprisonment or a fine no more than MMK 300,000.
Any persons involved in the following acts below can be punishedwith a maximum of 3 years imprisonment or a fine no more than MMK 330,000.
(a) To imitate any seal relating to the standardization
(b) To use the standardization seal which is not approved or used by the council
(c) To carry out services , advertisement, being possession of products without the being approved by the Standardization council with an aim to sell,selling of the products without being certified, advertisement of products which is known to not be eligible with standardization principles of the council.
- S. 26
Any persons whose products do not adhere to the requirements set out in the standardization and recommendation certificate shall be punishable to a maximum of 3 years or with a maximum fine of MMK 330,000.
Registration of Organization Law
The Registration of Organization Law came into force on the 18July 2014 with the scope of facilitating organizations to register within their subjective categories in Myanmar.
Below are the summary of the salient points of the new statute:
The Law sets out offices to register organizations at thetownship, district, regionaland state level, along with special offices for organizations in self-administeredareas, and organizations within the jurisdiction of the Naypyidaw Council. There are also special offices to register International NGO’s to facilitate the registration process.
Chapter 7 of the Statute sets out the below requirements for a registration application:
- name of the organization;
- location and contact address;
- date of the organization’s foundation;
- number of the organization’s executives;
- number of the members;
- [information on] money and assets owned by the organization;
- The organization’s activities;
- charter of the organization;
- other specific items;
Section 9 of the law gives the right to re-apply for a certificate in the case that a previous application was rejected by the respective registration office.
There are a special set of requirements to register International NGOs under S. 16 of the Act. The application must include the following information:
- name of the organization;
- (b) name of its head;
- name of the responsible person;
- location and contact address;
- country in which the organization is based;
- activities to be undertaken in Myanmar;
- ministries to contact;
- work program;
- number of executive members;
- location of the branch office and contact address;
- name of the responsible person of the branch office;
- date of application.
In the case of an initial rejection of the application for INGOs, s.18 sets out similar rights to discuss and reapply for the certificate with the relevant authorities.
Chapter 8 of the law empowers the registered organizations with certain rights and benefits:
Chapter 8: Rights and powers of Registered Organizations
- Section 26: Any registered local organization shall have the right to receive the support given by the state.
- Section 27: Any registered local organization shall have the right to receive the support in accordance with the law from any INGOs or any local organization or any independent private person who wants to assist.
- Section 28: Any registered organization shall have the right to sue, the right to be sued, the right to establish funds, the right to collect donations, the right to open bank accounts, and the right to own both moveable property and immoveable property.
- Section 29: Any registered organization shall have the trademark rights concerning this organization’s own seal, mark, and uniform.
The “Miscellaneous” section of the statute in Ch. 9 explains the various roles and functions of governmental and political bodies as well as the relevance of the previously enacted laws regarding the registration of organizations in Myanmar. Below are the salient points of this section:
All political organizations are permitted to engage in all activities with registered organizations that are in accordance with the law, except for relationships that are political in nature.
All government servants must cooperate with registered organizations that are in accordance with the statute of State Government Servant law.
In implementing the provisions stipulated under this law:
(a) the Ministry may issue the required rules, regulations and bye-laws with the consent of
(b) the Government;
(c) the Union level registration body may issue the required notification, order, directive
(d) and the procedures.
(e) Divisional region (or)registered office of Union and registered office of self-administered divisions and regions can establish required orders and directions.
Section 41. The Organization Formation Law (State Law and Order Restoration Council Law No. 6/88) cancontinually be used as long as no contrary to this law.
Section 42. The Organizations registered and formed under the Organization Formation Law (State Lawand Order Restoration Council Law No. 6/88) which is repealed by this law shall be regardedas organizations formed in accordance with this Law.
Myanmar Anti-Corruption Law
The new amendments to Myanmar Anti-Corruption Law enacted on the 24 July 2014, broadens its scope byamendingwhat was previously referred to as “anti-bribery” within the text of the law, to “anti-corruption”.The law now encapsulates a broader spectrum of activities that could be interpreted as corrupt.
On 8 August 2014, President ThienSein accordingly decreed an Order No.19/2014 which states that the Bribery eradication commission formed under President’s Office Order 6/2014 to be renamed as the “Anti-Corruption commission” in accordance with the amendments to the Anti-corruption law.
Other relevant amendments of the Anti-Corruption law brings forth an upgrade to the portfolios of the staff in the standing committee, working group, preliminary and the investigation team, along with all the staff from the commission office, to be of civil servants, with the chairman and the secretary being accorded status of minister, deputy minister.
Leave’s and Holidays Act 1951
The Leave’s and Holidays Act of 1951 has been amended for the third time on 18 July 2014, with previous amendments passed in 1960 and 2006. The important aspects of the amendments are described below.
Leave and Holiday Act 1951 - Amendments
- Article 2(2)b
(2) Leave means included annual leave, casual leave, medical leave and maternity leave.
- Section 2 (4)
Worker means a person who is working turn to upon him/her services for a living or in one of business, daily worker, temporary worker and permanent worker included. Nevertheless not included following;
(a) if employer who is working own business or own technical enterprise or business or own business department that employer’ family;
(b) persons who can get wages from profit as him/her allotment from work or technical enterprise or business or work department;
(c) cooker, house cleanser, baby minder and security;
(d) governmental staff who get leave and holidays which are enacted to pay occasionally with salary and wages according to other existing law;
Explanation- “Employer’ Family” means parents, husband, wife, children, brothers, sisters and sibling of employer.
- Section 2(7)
- the expression “enroll registered doctor” is substituted with “registered physician”
- the expression “the Myanmar Officinal Material Act” is substituted with “the Myanmar Traditional Medicine Council”
- “the president of the Union” shall be substituted with “Union Minister, Ministry of Health” respectively.
- Section 2(8)
Holiday means weekly holiday and public holiday
- Section 3(1)(2)
The expression “common holiday” is substituted with “public holiday”.
The expression “office holidays for the Government Office in the Union of Myanmar” shall be substituted with “public holidays which are yearly promulgate with notification from Union Government Organization”
- Section 3, (3) the following is inserted as sub-section (4)Employer shall be arranged workers weekly holiday not less than one day in a week. Employer shall be determined as weekly holiday to other day in a week Sunday in a week with advance agreement of Labor Organization or employer and employee
- Section 6 (2)
The expression “enrolled registered Doctor” is changed to “registered Doctor”.
- Section 6(3)
This section of the Act is repealed
- Section 7(A)
7(A) shall be permitted to pregnant woman as maternity leave six weeks before confinement and a minimum of eight weeks after confinement relevant with wages or salary. The maternity leave can be entitled and related with medical leave.
- Section 12(2)
The expression “the president of the Union of Myanmar” is substituted with “Union Minister, Ministry of Labor, Employment and Social Security agreement with Union Government Organization”
- Section 13
"The president of the Union of Myanmar" contained in section 13 of Leave and Holiday Act, 1951, shall be substituted with "Union Minister, Ministry of Labor, Employment and Social Security agreement with Union Government Organization".
- Section 17
This section is repealed
- Section 18 is inserted as follows:
The Ministry of Labor, Employment and Social Security when implementing the provisions contained in this law
a) Must issue necessary rules, regulations and discipline in accordance with the Union Government
b) Will repeal the table contained in Leave and Holiday Act 1951