NEWSLETTER 233 – 1 April 2026

Dear Readers,
Welcome to a new edition of our newsletter.

1. Procedure and forms for former defence personnel working as private security employees

On 28 July 2025, the State Administration Council decreed a Military Secrets Preservation and Protection Law (English translation) which impacts private security services as follows:

• Former defence personnel members wishing to work for a private security business with a licence according to the Private Security Services Law (detailed analysis), decreed on 18 February 2025, require permission from the Ministry of Defence. Those already working as “private security employees” were given 6 months (until and including 28 January 2026 according to our calculation) to obtain this permission.
• “Former defence personnel” means any person who was subject to the 1959 Defence Services Act or who performed tasks part-time or permanently in any part of the Defence Services, former Police Force members and former militia (we suppose that this includes the pyu saw htee) members. Former conscripts are included as conscripts are subject to the 1959 Defence Services Act (section 11 National Service Law).
• The penalty for both the former defence personnel member and the person who hired him as “private security employee” for failing to obtain permission from the Ministry of Defence is imprisonment from 3 to 10 years and potentially a fine of up to MMK 1,000,000.
• Apart from requiring companies that offer security services as a business to be licenced, the Private Security Services Law obliges other companies and organisations that hire their own staff for security duties (e.g., watchmen) to obtain a permit if they have more than 10 security staff. Judging by the use of the expression “private security employee” in both laws, we suppose that permission from the Ministry of Defence is also required if a former defence personnel member wishes to work as security staff for such a company or organisation.
• It is not apparent from the wording of the law whether permission is required if a former defence personnel member wishes to work for a company or organisation with not more
  than 10 security staff.

As was reported in the Myanmar Gazette dated 20 March 2026, the Ministry of Defence on 10 November 2025 issued a “directive on applications by former defence personnel members for permission to work as private security employees” (Notification 10/2025 – English translation generated with the help of AI).

This directive provides for the procedures and forms for applying for permission and for renewal and for applying for a replacement card if the old card is damaged or lost.

The permission is valid for 3 years; an application for renewal must be filed 60 days before expiry.

Private security services businesses must promptly notify the Ministry of Defence if the employee

• is transferred to work at another private security services business;
• resigns or is dismissed;
• is prosecuted for a criminal offence; or
• has died.

2. Seminar invitation

In the light of recent developments, we are inviting local NGOs and INGOs to an online seminar on Tuesday, 28 April 2026, from 2:30 pm to 4:00 pm, to discuss the following topics:

• The new Registration of Associations Rules
• Impact of the new Anti-Money Laundering Law on non-profits
• Risks of transferring salary to a bank account in Thailand and alternatives
• Terminating or not renewing fixed-term labour contracts
• Any other topic that may come up until the seminar date or that you may wish to discuss

Please register by sending an e-mail to [email protected], stating the name of your organisation and the names of the participants. The seminar will be held in English and is free of
charge.

We hope that you have found this information useful.

Sebastian Pawlita
Managing Director

About Lincoln Consultancy (Myanmar) Limited

Lincoln Consultancy (Myanmar) Limited provides the full range of legal advisory (through our local lawyers), tax advisory and compliance work required by investors. We pride ourselves in offering result-oriented work, high dependability and a fast response time at very competitive prices. Please do not hesitate to contact us:

Sebastian Pawlita, Managing Director
E-Mail: [email protected]

Phone: +95-9-262546284 (English) or +95-9-886699332 (Myanmar)

Office address: No. 35 (D), Inya Myaing Road, Bahan Township, Yangon Region

Web: www.lincolnmyanmar.com