30 October 2023

On 5 September 2023, the Myanmar Ministry of Commerce issued E-commerce Guidelines (“Guidelines”) to regulate stakeholders engaging in e-commerce. Despite being termed “guidelines”, the Guidelines are mandatory for e-commerce business operators and failure to comply with the Guidelines’ requirements may result in penalties under relevant laws.

The Guidelines provide the following key definitions:

  • “e-commerce” refers to the sale of goods or services over the internet or other information networks, including sales promotion, marketing, logistics, ordering, and delivery;
  • “e-commerce business operator” refers to a person operating or being authorised to operate by way of e-commerce, including e-commerce platform entrepreneurs, entrepreneurs selling on an e-commerce platform, and sellers operating through social media platforms such as WeChat, PayPal, Alipay, Instagram and Twitter; and
  • “e-commerce platform entrepreneur” refers to a person responsible for enabling sales through e-commerce by two or more entrepreneurs on an e-commerce platform.

E-commerce business operators in Myanmar must register with the Ministry of Commerce and publish identifying and other information in real time by placing a link or QR code on the e-commerce website or social media site. This information must include the registered name, registration information, contact details, contact person for enquiries, business registration or relevant licence information, dispute resolution methods, and information about the business organisation.

The Guidelines include, among others, provisions relating to consumer protection, marketing and advertising, online consumer ratings and reviews, and payment terms and conditions.