Presented by
TIN KO WIN
DIRECTOR
Directorate of Investment and Company Administration
Ministry of National Planning and Economic Development
( MYANMAR )
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Chairman
Dear Excellencies, Distinguished Guests,
Ladies and Gentlemen,
“Mingalaba” and health and happiness to you all! I would
like to extend my warmest greetings, wishing you all in physical and
spiritual wellbeing.
I have a great honour to attend the 1st ASEAN Competition
Conference.
Myanmar Legal System
Firstly let me introduce to you the historical background of Myanmar
Legal System.
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Introduction
The Union of Myanmar has a substantial, sound, solid
and strongly rooted legal system. Myanmar legal system is a
unique system based on the Common Law Legal System.
Myanmar started to stand as a sovereign state
practicing
Parliamentary
Democracy
in
1948.
But
a
centralized planed economy was adopted under a policy called
“the Burmese Way to socialism” in 1962 .
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After the State Law and Order Restoration Council (referred
to as the State Peace and Development Council) took over the
responsibilities of the State on 18th September 1988. Myanmar
Economic System has changed from the Centralized Economic
System to the Market-oriented Economic System to cope with
current world situation.
The Government had repealed the centrally planned economy
Laws, Rules, Regulations and Procedures that are no more in line
with the market - oriented economic system. And then the
Government had promulgated numerous new Laws, Rules,
Regulations and Procedures to sustain the country’s economic
growth.
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The Government has been striving hard to promote all round
development of national economy in Myanmar. The Government has
been actively encouraging foreign investment and local investment in
Myanmar since 1988. Among the new laws, the Union of Myanmar
Foreign Investment Law and the Myanmar Citizens Investment Law
provide that rights of Trademarks, Patents and Technical know - how
can be evaluated and included in investment.
Competition Policy and Law
The Competition Policy and Law is one of the important
elements that should play an integral part in ASEAN’s regional
trade liberalization and economic integration.
In the AEC Blueprint, Competition Policy and Law take
place an important role. Today it needs to adopt competition laws
for all ASEAN member countries.
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Myanmar is making necessary preparation to promulgate
Competition Policy and Law in accordance with the provisions of
new Constitution Law and her present market - oriented economic
system. ASEAN Economic Community (AEC) is one of three pillars
to bring about an ASEAN Community, intended to create a stable,
prosperous and high competitive economic region.
Myanmar will try to accommodate together with the other
member countries regarding the Competition Policy and Law in
ASEAN Region.
Competition Policy and Law (CPL) is one of the important
elements that should play an integral part in ASEAN’s regional
trade liberalization and economic integration.
AEC is one of three (3) pillars to bring about an ASEAN
Community intended to create a stable prosperous and highly
Competitive Economic Region.
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ASEAN Expert Group on Competition (AEGC) is an
effective regional competition institution which will be provided to
further regional cooperation in competition development under the
conditions of AEC Blueprints.
Challenges in the Implementation of Competition Policy and Law
Regarding to competition policy and law, in Section 36, Subsection (b) of the new Constitution of the Republic of the Union of
Myanmar which has been ratified by the National Referendum “the
Union shall protect and prevent acts that injure public interests
through monopolization or manipulation of prices by an
individual or group with intent to endanger fair competition in
economic activities”.
In this way, Myanmar will carry out to enact competition
policy and law in near future in accordance with the provisions of the
Constitution Law which is based on all existing laws and ASEAN
Regional Guidelines on Competition.
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Regarding to competition policy, Myanmar will be carried out
to understand the advocacy and awareness for the people and to make
the necessary arrangements for drafting.
In principle, competition has a positive role to play in
development. The major challenge faced by developing countries is
in legislating and implementing Competition Law. It cannot succeed
unless there is a social understanding of the law and acceptance of its
value to development policy.
Competition advocacy is the means by which the benefits of
legislation are explained and disseminated through various levels of
society, including the government and the judiciary. Difficulties go
beyond determining the contents of the law to the problems of
introducing it to stakeholders who do not understand the intent of the
law and its benefits. Difficulty in getting the legislations through the
legislative body (Parliament or Pyithu Hluttaw) is symptomatic of
such problems.
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Once the law is passed, there are a host of problems faced by
the competition authority in establishing the institution and enforcing
the law, in general, there is therefore an urgent need to engage in
advocacy with stakeholders, including other public institutions, in
order to build a culture of competition in the society that is receptive
to and supportive of a new competition regime.
Furthermore, in order to draft and enact a strong, enforceable
and flexible competition law that is respectful of legal principles,
institutional capacity for competition authorities much be
strengthened.
Competition law enforcement requires both legal and
economic expertise. The law must also provide the authority with
broad investigative powers, such as the power to initiate and
investigation, to request information from any public or private
business person, and the legal right to enter into business premises to
collect information and seize documents.
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Economic reforms and developments
Well, I am going to deal with the nation's economic sector.
Right now, the new government is making necessary adjustments in
the public interest after reviewing financial, monetary, trade and
investment policies to reform and develop the whole economic
infrastructure. It is now rewriting the Investment Law to be adaptable
to the advancing era and drafting a competition policy and law
suitable to market economy.
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Conclusion
At present, we are preparing to enact new Competition
Policy and Law and endeavouring to cooperate with the
Regional Organizations and countries for the development of
CPL environment.
We would like to appreciate your views and suggestions
on Developing Regional Guidelines on Competition Policy and
Law to facilitate better preparation for a member of ASEAN.
We believe that ASEAN Economic Community (AEC) is
one of three pillars to bring about an ASEAN Community,
intended to create a stable, prosperous and highly competitive
economic region.
In conclusion, we hope that an effective Competition
Policy and Law will be enacted in near future in Myanmar.
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