Posted in Legislative Research on Sep 26, 2019

This Bill was drafted by the Ministry of Transport and Communications and posted on the website of Pyidaungsu Hluttaw on 26th of August 2019.

Current status (17.9.2019) – pending submission to the floor of Hluttaw

Bill in brief

The Bill includes the formation of a Telecommunication Commission, which will replace the previous commission (which was formed by Union Government announcement).

Summary of main provisions

  • The bill aims to:
    • create an independent body to systematically supervise information and telecommunication technologies and the postal service
    • support development of a market-oriented economy
    • allow the new commission to take on duties included in the existing telecommunications law
  • Within 180 days of the approval of this Bill, the President must form a Commission comprising between 3 and 5 telecommunication and information technology experts, legal experts and economists. The President will, within 30 days, form a Commission Member Selection Committee (CMSC), to include the representative of the Pyidaungsu Hluttaw Speaker, a civilian telecommunication expert from the government, and a representative of the Minister for Transport and Communications.
  • The CMSC must submit a list of possible commission members to the president within 30 days. There are prescriptive membership requirements, and applications will be invited via the website of Posts and Telecommunications Department and the media. Between 7 and 10 candidates who meet the criteria will be submitted to the President for final selection.
  • The tenure of the Commission is 5 years, and members will not be allowed more than two consecutive tenures. The Chair role will be at the level of Union Minister and the members are the level of Deputy Minister. They are expected to serve full time. The Bill also incorporates duties and provisions concerning conflict of interests.
  • The Commission can establish funds with the allocated revenue, and the total annual revenue and expenditure must be described in an estimated budget in accordance with budget law. The budget will be examined by both the private audit and the office of the auditor general of the union. Within 6 months following the end of the financial year, an annual report has to be submitted to the Union Government.
  • After the founding of the commission, the Myanmar Telecommunication Commission that was established with announcement 125/2015 will be revoked. The contract, document, licence, permit and certificate conducted by the Posts and Telecommunications Department before this Bill will be assumed, in line with the commission.

Other relevant law

Telecommunications Law 2017

Myanmar Telecommunication Corporation Law 2019

Link

Bill text

Contact

Moe Aung, The Ananda, moeaung@theananda.org