Education rules Myanmar

by DLA Piper

DLA Piper

The Myanmar Investment Commission ("MIC") has issued Notification 7/2018 ("Notification") on 20 April 2018, allowing foreign investors to make full capital investments in private schools in Myanmar.

The Notification now allows foreigners to fully own and operate private schools within the country and teach a curriculum prescribed either by the Ministry of Education ("MOE") or any other "international curriculum" subject to the MIC and MOE approval.

The Notification specifies the types of educational institutions, the types of educational services and the forms of entities in which foreign investors would be allowed to operate within Myanmar's education sector, adding to the already existing rules and regulations in the Myanmar investment laws and the National Education Law of 2014.

Types of Educational Institutions

  • Private education services include education services providing the teaching of curriculum prescribed by the Ministry of Education and other relevant Ministries, and education services providing the teaching of international curriculum
  • Private school means all schools other than those specifically operated by the State
  • Private basic education school means a school that provides prescribed basic education that is mandatory for citizens, and that also provides teaching and training to enable students to qualify for technical or vocational education, or higher education
  • Private technical, vocational and training school means a school that systematically produces experts in practical skills, technical and mechanical technicians and experts, and vocational education scholars, technicians, and experts
  • Private Higher Education School means a school that provides teaching and training to those who have successfully completed the highest level of basic education or its equivalent
  • Private subject-based school means a school that provides courses for school admission, on-the-job training, or languages, or a private enterprise operated by one or more persons that provides teaching of subjects taught in a university, college, institute, or school established by the State or teaching of subjects prescribed for an examination
  • Private School designated by the Ministry means a school designated as such by the Union Government, Ministry of Education or a relevant Ministry

The Notification also specifies the following types of education services which the MIC would provide permits to for foreign investors:

Types of Educational Services

  • Private basic education school
  • Private technical, vocational and training school
  • Private higher education school
  • Private subject based school
  • Private school designated by the MOE

Lastly, the Notification specifies the structure in which a foreign investor may establish the type of education institutions and education services (as defined above).

Types of Entities Allowed

  • Private school established by full capital investment of a Myanmar citizen, a Myanmar organization or Myanmar organizations
  • Private school established by joint capital investment between a Myanmar citizen, a Myanmar organization, Myanmar organizations or a relevant government organization, and a foreigner, a foreign organization, foreign organizations or a foreign government organization
  • Private school established by full capital investment of foreigners, a foreign organization, foreign organizations or a foreign government organization

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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