On 19 August 2026, the Myanmar Investment Commission (“MIC“) issued Notification No. 5/2026, setting out new Procedures for the Scrutiny of Investment Businesses Undertaken within a Region or State (the “2026 Notification“). The 2026 Notification replaces and repeals the previous Notification No. 26/2021 (the “2021 Notification“), which had governed the same subject matter since June 2021.
Key points investors should note
New defined term – “Applicant.” The 2026 Notification introduces a new defined term, ‘Applicant’ covering an investor, an authorized representative of an investor, or a subsidiary company involved in the investment. By contrast, the 2021 Notification lists these same three categories separately, without using a consolidating defined term.
New chapter on amendment, termination, and suspension of Endorsements. A significant addition is a dedicated chapter empowering Region or State Committees to approve amendments to Endorsement terms directly, except for matters such as employment approvals, tax exemptions or reliefs, extensions of the construction period beyond two occasions, transfers of majority ownership or control, transfers of more than 50% of an investor’s assets, and use of restricted or prohibited raw materials – all of which must still go to the MIC.
Clearer rules on suspension and termination. The 2026 Notification sets out specific criteria for reviewing early termination or temporary suspension requests, including a one-year cap on suspension periods, evidence of continued wage payments during suspension, and repayment of tax benefits previously granted in termination cases.
New provisions on business expansion. Committees may now approve capacity or scale expansions that remain within the permitted investment threshold, while expansions exceeding that threshold must still be forwarded to the MIC for approval.
Faster, more accountable application handling. The rejection procedure now expressly requires Committees to notify an applicant of a rejection and the reasons for it within five working days, adding a transparency safeguard not present in the 2021 Notification.
Land rights authorization simplified. The list of supporting documents required for land rights authorization applications has been streamlined, focusing on government approvals/recommendations and evidence of land ownership, with several previously listed particulars removed or folded into the Investment Rules cross-reference.
Investment monitoring streamlined. The Investment Monitoring Team’s regular inspection cycle has been reduced from three stages (pre-construction, construction, and post-commercial operation) to two (construction/preparation and post-commercial operation).
Committee composition and governance largely unchanged. The core structure, quorum rules, casting vote mechanics, and prohibition on sending representatives to meetings remain substantially the same as under the 2021 Notification, with the Region or State Government’s term now expressly tied to that of the Committee members.
The separate MIC Notification
Separately, on 19 August 2026, the MIC issued Notification No. 4/2026, formally revoking Standard Criteria No. 1/2020, which had previously applied to Region or State Investment Committees when scrutinizing, accepting, and approving endorsement applications.
What this means for you
If you have an application, amendment, or suspension/termination request pending with a Region or State Investment Committee, its handling may now follow a different process. We would be pleased to advise on how these changes apply to your specific matter.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.