Law relating to Registration of Organizations

Pyidaungsu Hluttaw enacted the Law Relating to Registration of Organizations (Pyidaungsu Hltuttaw Law No. 31/2014) dated on 18P

thP July, 2014.

This new law consists of 9 Chapters and 43 sections. Chapter 1 deals with title and definitions; Chapter 2 deals with objectives; Chapter 3 deals with formation of registry body and their duties; Chapter 4 deals with permission to register Local Organizations; Chapter 5 deals with permission to register International Non-Governmental Organizations; Chapter 6 deals with organizations not permitted to form; Chapter 7 deals with renewal and extension of Registration Certificate; Chapter 8 deals with protection and benefits of Organizations; Chapter 9 deals with miscellaneous. UEffective Date In this law, there is no effective date. This law will come into force only on such date as the President of the Union, by notification, notifies to become effective. URules or procedures The rules and regulations issued under the Law relating to forming of Organizations (Law No. 6/1988) may be continued to exercise if it is not contrary with this Law. UDefinitions Union Registration Body means the registration body which is formed and entrusted by the Union Government. State or Region Registration Body means the registration body which is formed and entrusted by the State or Regional Government. Nay Pyi Taw Council Registration Body means the registration body which is formed and entrusted by the Nay Pyi Taw Council. Self-Administered Division or Self- Administered Zone Registration Body means the registration body which is formed and entrusted by the Self-Administered Division or Self-Administered Zone. Organization means local organizations and International Non-Governmental Organizations. Local Organization means a non-profit organization in line with fundamental rights stated in Constitution, which is working for the common interest or public interest, and formed by (5) or more than (5) persons for the common objectives or program. It also includes branch of that organizations. International Non-Governmental Organization means an organization which was formed in other country and registered at the Union Register Body carries out or plans to carry out the social activities in the country. Ministry means the Ministry of Home Affairs in the Republic of the Union of Myanmar. Department means the General Administration Department of the Ministry of Home Affairs. UObjectives The main objectives of this Law are:

- to follow the prescribed procedures for the registration of organization - to register the organization in accordance with the Constitution - to ensure that the activities of an organization are supportive to the benefits of the State and

citizens - to get necessary support from respective ministries in line with law - to ensure the strengthening of the civil society organizations -

UPermission to register Local Organization

The Chairperson or secretary or responsible person shall submit the application to the respective registration body in accordance with the following particulars:

(a) Organization’s Name; (b) Location and Contact Address; (c) Starting Date of an Organization; (d) Objectives; (e) Activities; (f) Number of Executive Committee Members; (g) Number of Committee Members; (h) Organization’s Fund and List of Assets; (i) Implemented Activities; (j) Organization Structure and Articles (k) Other Documents (if applicable) (l) Application Date.

The respective registration body shall issue the temporary registration certificate within (7) Days (not including the Gazetted holidays). The Organization shall be allowed to register with the terms and conditions without affecting the tranquility, prevalence of law and order. The Registration certificate shall be issued in the following days if the registration is permitted:

(i) Union Registration Body (90) Days (ii) Region or State Registration Body (60) Days (iii) Nay Pyi Taw Council Registration Body (60) Days (iv) Self-Administered Division or Self-Administered Zone Registration Body (30) Days (v) District Registration Body (30) Days (vi) Township Registration Body (30) Days

An organization which has been approved to register must pay the prescribed registration fee. If the application for registration is declined, the reasons of decline shall be informed to the applicant in the following days:

(i) Union Registration Body (30) Days (ii) Region or State Registration Body (30) Days (iii) Nay Pyi Taw Council Registration Body (30) Days (iv) Self-Administered Region or Self-Administered Zone Registration Body (15) Days (v) District Registration Body (15) Days (vi) Township Registration Body (15) Days

The organization that is not permitted to register has the right to discuss with the concerned registry body in order to amend and has the right to re-apply. Any Organizations which is registered under the Union Registration Body can do the activities within the whole country. Registration fee is 100,000/-Kyats. Any Organizations which is registered under the Region or State Registration Body can do the activities within the territory of relevant Region or State. Registration fee is 30,000/-Kyats. Any Organizations which is registered under the Nay Pyi Taw Council Registration Body can do the activities within the territory of Nay Pyi Taw. Registration fee is 30,000/-Kyats. No need to pay registration fee whether the Organization is registered under the Self-Administered Region or Self- Administered Zone or District or Township Registration Body. UPermission to register International Non-Governmental Organization The responsible person of an International Non-Governmental Organization shall submit the application to the Union Registration Body by expressing the following particulars to get the registration certificate.

(a) Organization’s Name; (b) Principal’s Name; (c) Responsible Person’s Name; (d) Location and Contact Address; (e) Country of Origin; (f) Intended Activities in Myanmar; (g) Related Ministries;

(h) Project Plan; (i) Number of Members; (j) Location and Venue of Branch; (k) Responsible Person’s Name of Branch; (l) Application Date.

The Union Registration Body shall examine with the prescribed criteria and issue the temporary certificate within (7) Days (not including the Gazetted Holidays)

(a) The Organization shall be allowed to register with the terms and conditions without affecting the tranquility, prevalence of law and order. The Registration certificate shall be issued within (90) days from the date of application.

(b) An organization which the application for registration has been approved shall pay the registration fee. Registration fee is Kyats 100,000.

(c) If the application for registration is declined, the reasons of decline shall be informed to the applicant by writing within (30) days.

The organization that is not permitted to register has the right to discuss with the concerned registry body in order to amend and has the right to refile. UOrganizations not permitted to form The following organizations shall not be formed under this law:-

(a) Organizations which pursue religious and business activities; (b) Organizations which formed under the Political Parties Registration Law with the Union Election

Commission; (c) Organizations registered under any existing laws.

URenewal of Registration Certificate All the registered International Non-Governmental Organizations shall be renewed after the period of (5) years. There is no renewal fee. UMiscellaneous Non-registered International Non-Governmental Organizations shall apply to the Union Register Body in order to carry out the social activities in the country where there are in disasters. The Union Registry Body shall issue the temporary certificate as soon as possible. The Law relating to forming of Organizations (Law No. 6/1988) is hereby repealed by this Law.