1. www.duanemorris.com
Š2010 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP.
Duane Morris â Firm and Affiliate Offices | New York | London | Singapore | Los Angeles | Chicago | Houston | Hanoi | Philadelphia | San Diego | San Francisco | Baltimore | Boston | Washington, D.C.
Las Vegas | Atlanta | Miami | Pittsburgh | Newark | Boca Raton | Wilmington | Cherry Hill | Princeton | Lake Tahoe | Ho Chi Minh City | Duane Morris LLP â A Delaware limited liability partnership
OLIVER MASSMANN â PARTNER
DUANE MORRIS VIETNAM LLC
New Battles in Southeast Asia for
Foreign Investment:
Myanmar v. Vietnam
1
2. www.duanemorris.com
Agenda:
2
ď§ Myanmar at Glance
ď§ Vietnam at Glance
ď§ Myanmar v. Vietnam: A Comparative
Snapshot
ď§ Myanmar v. Vietnam: Same same but
different
ď§ Myanmar v. Vietnam in the Battle for Foreign
Investment: Who wins? Why loses?
3. www.duanemorris.com
Myanmar at Glance
⢠Official Name: Republic of the Union of
Myanmar
⢠Location: South East Asia
⢠Neighbors: Bangladesh, China, Laos, India
and Thailand
⢠Area: 676,578 Km2
⢠Capital: Naypyidaw
⢠Largest city: Yangon (Rangoon)
⢠Currency: Kyat (MMK) (01 USD = 968
MMK)
⢠Language: Burmese
⢠Population: 61 million
3
4. www.duanemorris.com
Vietnam at Glance
4
⢠Official Name: Socialist Republic of
Vietnam
⢠Location: South East Asia
⢠Neighbors: China, Cambodia and Laos
⢠Area: 331,688 Km2
⢠Coastline: 3,260 Km
⢠Capital: Hanoi
⢠Largest city: Ho Chi Minh City (Saigon)
⢠Currency: Vietnamese Dong (VND) (01
USD = 21075 VND)
⢠Language: Vietnamese
⢠Population: 88.78 million
5. www.duanemorris.com
Myanmar v. Vietnam: A Comparative Snapshot
2012 Myanmar Vietnam
GDP US$ 53.1 billion US$141.7 billion
GDP per capita US$ 835 US$1,596
2012 GDP Growth 6.3 % 5.0%
Inflation 6.1 % 9.0%
FDI US$ billion ( % increase) US$16.3 billion
Import turnover US$ 17,670 million US$ 139,207 million
Export turnover US$ 9,203 million US$ 122,157 million
Labor force 31.8 million 51.69 million
Minimum wage No general minimum wage
Public sector: S$56.8
Laborer: About US$2.3/day
US$ 55 per month ((June 2013)
5
6. www.duanemorris.com
Myanmar v. Vietnam: A Comparative Snapshot
Infrastructure Myanmar Vietnam
Port Poor Fair
Train Fair Fair
Airway Poor Fair
Road Poor Fair
General Poor Fair
6
Level of Education Myanmar Vietnam
Average of Schooling (in years) 4 10.4
Public Spending on Education (% of GDP) 1.26% 1.8%
College level Education (% of population) 11.5% 18.67%
8. www.duanemorris.com
Myanmar v. Vietnam: Same same
⢠Both are located in South East Asia and have a strategic location:
A bridge between South and South East Asia
⢠Myanmarâs current economic situation is similar to that of
Vietnam 18 years ago: In abundant and outdated legal system
and bureaucratic administration
⢠Myanmar and Vietnam has the same internal problem, e.g high
rate of corruption, underground economy that makes up most of
transactions and is out of control
⢠Both have young population and mostly at working age
⢠Both have abundant natural resources, especially oil and gas and
huge potential in development of agricultural economy
8
9. www.duanemorris.com
Myanmar v. Vietnam: Whatâs different?
⢠Myanmar is a real Buddhist country with 89% population
while 81.69% of Vietnamese are non-religious
⢠Different legislation: Myanmarâs system based on Common
Law while Vietnamâs system similar to a civil law jurisdiction
⢠NOTABLY, Confucius never arrived in Myanmar!!!
9
11. www.duanemorris.com
Why choose Myanmar?
⢠Can Myanmar become a next Asia tiger?
ď§ Recent democratic reform with new Union Government
headed by President Thein Sein in March 2011
ď§ International sanctions are lifted and foreign firms eye on
Myanmar
ď§ Myanmar has all the elements required to create another
Asian economic miracle
ď§ GDP growth rate is projected to average around 6 per
cent per year until 2020, with GDP doubling to $124
billion by 2020
11
12. www.duanemorris.com
Why choose Myanmar?
⢠The challenges of Myanmar:
ď§ US$1,500 : Average productivity of a worker in Myanmar
today, about 70% below that of benchmark Asian
countries
ď§ 4 years of average schooling in Myanmar
ď§ 10 million additional people to absorb in Myanmar large
cities by 2030
ď§ US$650 billion: Total investment needed by 2030 to
support growth potential, US$320 billion in infrastructure
alone
12
Source: McKinsey&Company
13. www.duanemorris.com
Why choose Myanmar?
⢠The Opportunities in Myanmar:
ď§ Potential to achieve US$ 200 billion+ GDP in 2020, over four
times as high as today
ď§ With spending potentially tripling from US$ 35 billion to US$
100 billion, an estimated 10 million member of the consuming
in 2030 from 2.5 million in 2010
ď§ Potential to create more than 10 million additional non-
agricultural jobs by 2030
ď§ 500 million people living in countries bordering Myanmar and
the closest parts of China and India, a huge potential market
13
Source: McKinsey&Company
14. www.duanemorris.com
Why choose Myanmar?
⢠Issuance of new Foreign Investment Law (FIL):
ď§ In Nov 2012, New FIL took effective with detailed
guidelines issued in Jan 2013
ď§ Eases the investment procedures and gives more
investment incentives
ď§ New FIL brings more FDI to Myanmar:
ďź US$731 million FDI in August, 2013
ďź More than $1.8 billion from the start of the fiscal year on April 1
to the end of August, compared with $1.4 billion in the whole
previous fiscal year
ď§ Foreign capital can own 100% equity in some business
areas
14
15. www.duanemorris.com
Why choose Myanmar?
⢠Regulation on foreign investment under new FIL:
ď§ Foreign investor may establish:
ďź 100% foreign owned company
ďź Branch of offshore company
ďź A sole proprietor
ďź 100% foreign owned partnership
ď§ Banking and financial services, wholesale and retail
trading are available to 100% foreign capital
ď§ Type of foreign investment eligible to obtain privileges:
ďź A 100% foreign owned company
ďź A joint venture with a Myanmar investor
ďź A foreign investor operating in a contractual relationship with a
local investor
15
17. www.duanemorris.com
Why choose Vietnam?
⢠Vietnam: From a new emerging Asian country
ď§ Average annual GDP growth: 7.2 %
ď§ No. 1 attractive emerging market destination for retail
investment in 2008
ď§ Sharp increase in FDI: Almost US$72 billion in 2008
⢠To an economy in crisis:
ď§ GDP in 2012: 5.0%
ď§ Sovereign debt: 56.7% GDP and Bad debt: 8.8%
ď§ Out of top 30 most attractive emerging retail market
⢠Did Vietnamâs economy get off the track?
17
18. www.duanemorris.com
Why choose Vietnam?
⢠What is hindering Vietnam?
ď§ Slow process of institutional reform:
ďź What is a socialist-oriented market economy?
ď§ State Owned Enterprises:
ďź Too much incentives BUT not efficient
ďź Major impediment for Vietnam development BUT
main cause of corruption
18
19. www.duanemorris.com
Why choose Vietnam?
⢠Will Vietnam Still be a FDI good destination?
ď§ Even though sharply dropped FDI and current cautious
economy
ď§ BUT Japanese investors keep coming to Vietnam
ď§ And emerging wave of M&A from ASEAN investors
19
20. www.duanemorris.com
Why choose Vietnam?
⢠New investment wave coming?
ď§ Expected after signing Free Trade Agreement (FTA) with the
EU and Trans Pacific Partnership (TPP) with the US
ď§ FTA and TPP are a big chance for Vietnam to attract more
FDI and to engage globally
⢠Vietnam hopes to conclude TPP in first half of 2014
⢠Why Vietnam needs TPP?
20
21. www.duanemorris.com
Why Vietnam needs to sign TPP?
⢠US important role in Vietnam economy:
ď§ In 2012, US exported $1.7 billionâs worth of agricultural
products to Vietnam, making Vietnam USâ 16th largest
agricultural export market.
ď§ By 2015, the bilateral trade exchange could reach more than
US$ 33 billion
ď§ In 2020, Vietnam-U.S. trade may reach about US$ 44 billion a
year, Vietnamâs exports to the U.S. about US$ 34 billion, and
U.S. exports to Vietnam about US$ 10 billion
21
22. www.duanemorris.com
Why Vietnam needs to sign TPP?
⢠Middle income trap:
ď§ Vietnamâs advantage in international trade is cheap labor
ď§ Competition with neighboring countries
ď§ âEverything but armsâ status (EBA) granted to leased-developed
countries (LDCs)
ď§ TPP would level the playing field with LDCs
⢠Generalized system of preference (GSP)
ď§ Maximum average annual income per capita to obtain GSP: US$4000
ď§ Vietnamâs GDP per capita is estimated US$1,900 this year and will
reach US$ 2,300 by 2015
ď§ Example of Thailand: Permanently excluded from the GSP => the
chance for Vietnam
ď§ Vietnam needs âjokerâ called TPP
22
24. www.duanemorris.com
Myanmar v. Vietnam: Who wins? Why loses?
⢠Advantages of Vietnam:
ď§ Vietnamâs economy has developed earlier 20 years than
Myanmarâs one
ď§ Current situation of infrastructure and human resources
of Vietnam is better than those of Myanmar
⢠Advantages of Myanmar:
ď§ Myanmar: Last untapped market in Asia
ď§ Myanmar can take opportunities when FDI enterprises
losing faith in Vietnam economy to become new FDI hub
24
25. www.duanemorris.com
Myanmar v. Vietnam: Who wins? Why loses?
⢠WTO analysis of liberation of market access:
Vietnam ties in first place with Singapore
⢠*Typical restrictions: number of opened sectors, JV requirement,
limits on foreign-owned shares, permission requirement
25
Country Limitation of
market access*
Country Limitation of
market access*
Malaysia medium Myanmar high
Indonesia medium Cambodia medium
Philippines medium Laos medium
Singapore low India high
Thailand medium China medium
Brunei high Vietnam low
26. www.duanemorris.com
Myanmar v. Vietnam: Who wins? Why loses?
⢠Remember:
ď§ Myanmar is the founding member of WTO that means
WTO service sector commitment : Unbound
ď§ Vietnam is 150th WTO member and other 149 members
demand high level commitments: Better and higher
market access and service sector commitments
ď Myanmar must move fast on concluding free trade
agreements
26
27. www.duanemorris.com
Myanmar v. Vietnam: Who wins?
⢠DEPENDS ON COMMITMENTS ON INSTITUTIONAL
REFORMS OF BOTH MYANMAR AND VIETNAM!!!!
⢠OPEN OR ISOLATED?
⢠MODERN OR CONSERVATIVE?
27