ASEAN MEMBER STATES DOMESTIC RULES AND REGULATIONS RELEVANT TO THE

LOGISTICS AND TRANSPORT SECTORAL SERVICES

REPORTING COUNTRY: BRUNEI DARUSSALAM

No. Sub-Sectors Relevant Laws and Regulations
1. Maritime cargo handling services - Company’s Act
- Labour Act
- Ports Act,1984, Chapter 144
2. Storage & warehousing services - Company’s Act
- Ports Act,1984, Chapter 144
- Customs Order, 2006
- Labour Act

3. Freight transport agency services - Company’s Act

- Ports Act, 1984, Chapter 144
- Labour Act

4. Other auxiliary services - Company’s Act

5. Courier services - Company’s Act
- Post Office Act

6. Packaging services - Company’s Act

- Customs Order, 2006
- Post Office Act
- Labour Act
7. Customs clearance services - Company’s Act
- Customs Order, 2006
- Labour Act

8. International Freight Transportation - Company’s Act

excluding Cabotage - Labour Act

9. International rail freight transport - No Regulation due to no such services

services
10. International road freight transport - Company’s Act
services - Labour Act
- Road Transport Act
- Motor Transport Licensing Authority Act
 th
REPORTING COUNTRY: CAMBODIA (need to resubmit at 7 LTSSWG)

No. Sub-Sectors Relevant Laws and Regulations

1. Maritime cargo handling services - One stop services building
- Single window service system (SWSS)
2. Storage & warehousing services
3. Freight transport agency services
4. Other auxiliary services
5. Courier services
6. Packaging services
7. Customs clearance services - Cambodian Laws on Customs
- Pre Shipment Inspections (PSI)
8. International Freight Transportation
excluding Cabotage
9. International rail freight transport
services
10. International road freight transport
services

REPORTING COUNTRY: INDONESIA

No. Sub-Sectors Relevant Laws and Regulations

1. Maritime cargo handling services (CPC Law of No. 17/ 2008 on Shipping, Article 31, 32,
741) 33, 34
Government Regulation number 20/2010 on
Inland Waterways Transport Article 111, 115,
116,

Presidential Regulation No. 36 of 2010 on

Investment Negative List under 10. Transportation
Sector point 17 - page 79.
2. Storage & warehousing services (CPC Law of No.25/2007 on Investment
742)
Law of No.11/1965 on Warehousing

Trade Minister Regulation No. 16 Year 2006

3. Freight transport agency services (CPC Law of No. 17/ 2008 on Shipping Art 1 (7)
748)
Law of No.1/2009 on Aviation

Law of No.22/ 2009 on Traffic and Road

Transportation
Government Regulation No. 20/2010 on Inland
Waterways Transport Article 120,121,
Presidential Regulation No. 36 of 2010 on
Investment Negative List, Transportation Sector,
page 75, consist of:
 Container Cargo Services
 General Cargo Services
 Dangerous Goods Transportation Services
 Special Cargo Services
 Heavy Equipment Cargo Services
REPORTING COUNTRY: INDONESIA
No. Sub-Sectors
4. Other auxiliary services (CPC 749):
According to Government Regulation No. 20/2010 on Inland Waterways Art 82, these
services are the scope of services of Freight Forwarder as Logistics Service Providers
a. bill auditing;
b. freight brokerage services;
c. freight inspection;
d. weighing and sampling
services;
e. cargo condition survey
f. freight receiving and
acceptance services;
g. transportation document
preparation service
2. Courier services
3. Packaging services
Relevant Laws and Regulations
1. Government Regulation No. 20/2010 on Inland
Waterways, Art 82
2. Presidential Regulation No. 36 of 2010 on Investment
Negative List under 10.18 –Transportation Sector–
Freight Forwarder, page 79.
1. Government Regulation No. 20/2010 on Inland
Waterways, Art 82
2. Presidential Regulation No. 36 of 2010 on
Investment Negative List – Transportation Sector –
Freight Forwarder – page 79.
1. Government Regulation No. 20/2010 on Inland
Waterways,Art 82
2. Presidential Regulation No. 36 of 2010 on
Investment Negative List – Transportation Sector –
Freight Forwarder – page 79.
1. Government Regulation No. 20/2010 on Inland
Waterways,Art 82
3. Presidential Regulation No. 36 of 2010 on
Investment Negative List – Trade Sector – Survey
Services – page 61.
1. Government Regulation No. 20/2010 on Inland
Waterways, Art 82
2. Presidential Regulation No. 36 of 2010 on
Investment Negative List – Transportation Sector –
Freight Forwarder – page 79.
1. Government Regulation No. 20/2010 on Inland
Waterways, Art 82
2. Presidential Regulation No. 36 of 2010 on
Investment Negative List –Transportation Sector –
Freight Forwarder, page 79.
Act No. 38 of 2009 on the Postal
Presidential Regulation No. 36 of 2010 on Investment
Negative List, page 86
1. Government Regulation No. 20/2010 on Inland
Waterways Art 82
REPORTING COUNTRY: INDONESIA

No. Sub-Sectors Relevant Laws and Regulations

2. Presidential Regulation No. 36 of 2010 on
Investment Negative List –Transportation Sector –
Freight Forwarder, page 79.
3. Trade Minister Regulation No, 36/2006 jo
No.49/2009 regarding Trade License (Packaging
Services out of manufacturing and transportation)

4. Customs clearance services 1. Custom Laws of No. 10 of 1995, Article 29 as

amended by No.17 of 2006
2. Finance Minister regulation No.65/PMK.04/2007 on
Customs Brokerage No.PMK. 65 Year 2007:
1) The handling of the Customs Declaration
mandatorily required by this law shall be
conducted by carriers, importers, or exporters.
2) If the importers or exporters as referred to in
paragraph (1) can not carry out the handling by
themselves, they may authorize Customs
brokers to do it.

5. International Freight Law of No. 17/ 2008 on Shipping

Transportation excluding
Cabotage Law of No.1/2009 on Aviation.
Government Regulation No. 20/2010 on Inland
Waterways Transport Article 120, 121
Presidential Regulation No. 36 of 2010 on Investment
Negative List

Presidential Instruction of Rep of Indonesia No. 5 of

2005 on Empowering national shipping industry

6. International rail freight transport 1. Law of 23/2010 on Rail Transportation

services
2. Government Regulation no. 56/2009 on
Management of Rail Transportation
3. Government Regulation no. 72/2009 on Traffic and
Rail Transportation

7. International road freight transport Law of no. 22/2009 on Traffic and Road Transportation
services article 139
REPORTING COUNTRY: MALAYSIA

No. Sub-Sectors Relevant Laws and

Regulations
1. Maritime cargo handling services • Port Authorities Act 1963
(CPC 741**) • Penang Port Commission
Act 1955
• Bintulu Port Authority Act
1981
• Carriage of Goods By Sea Act 1950
• Merchant Shipping Ordinance 1952
• Port (Privatisation) Act 1990
• Privatisation of the Federal Ports (Concession
Agreement):
st
- Bintulu Port (1 January 1993)
st
- Kuantan Port (1 January 1998)
st
- Kemaman Port (1 October 2006)
th
- Johor Port (16 January 1993)
th
- Port of Tanjung Pelepas (24 March 1995)
st
- Penang Port (1 January 1994)
st
- Port Klang (Northport -1 December 1992 /
th
Westport - 25 July 1994)

2. Storage & warehousing services • Licensing

(CPC 742) - Relevant Local Act
- Public Bonded
- Customs

3. Freight transport agency services • Carrier A

(CPC 7480) • Carrier C
- Haulage and Bonded Services • COGSA 1950
• Customs Act 1967

4. Other Auxiliary Services -

5. Courier Services • Postal Services Act

Packaging Services • Land Public Transport Act 2010

6. Packaging Services • SIRIM

7. Customs clearance services • Section 90 Customs Act 1967

8. International Freight • Merchant Shipping Ordinance (MSO) 1952

Transportation excluding • COGSA 1950
Cabotage

9. International rail freight transport • Akta Keretapi 1991

REPORTING COUNTRY: MALAYSIA

No. Sub-Sectors Relevant Laws and

Regulations
services • Bilateral/Multilateral Agreement
• Land Public Transport Act 2010
10. International road freight transport • Land Public Transport Act 2010
services
REPORTING COUNTRY: MYANMAR
No. Sub-Sectors
11. Maritime cargo handling services
Relevant Laws and Regulations
The Yangon Ports Act (1905),
The Carriage of Goods by sea Act (1925),
The Ports Act (1908),
The Outports Act (1914),
The Road Transport and Inland Water Transport law
(1963),
The Road Transport and Inland Water Transport
Functional Rules (1964),
The Road Transport and Inland Water Transport
Functional Regulations (1965),

12. Storage & warehousing services The Yangon Ports Act (1905),
The Ports Act (1908),
The Outports Act (1914),
13. Freight transport agency services The Yangon Ports Act (1905),
The Ports Act (1908),
The Outports Act (1914),
The Bill of Landing Act (1856),
The Carriers Act (1865),
The Myanmar Carriage of Goods by Sea Act (1925),
The Road Transport and Inland Water Transport law
(1963),
The Road Transport and Inland Water Transport
Functional Rules (1964),
The Road Transport and Inland Water Transport
Functional Regulations (1965),
The Railways Act (1890),

14. Other auxiliary services Not Yet

15. Courier services Myanmar has not yet established any specific law
regarding courier services and as of now the 1989 State
- Owned Economic Enterprises law governs the courier
service sector
16. Packaging services Not Yet
17. Customs clearance services The Sea Customs Act (1878),
The Land Customs Act (1924),
The Tariff Law (1992),
18. International Freight The Carriers Act (1865),
Transportation excluding The Bill of Landing Act (1856),
Cabotage The Maritime Transport Administration Act (1952),
The Myanmar Merchant Shipping Act (1923),
19. International rail freight transport Not Yet
services
20. International road freight transport Motor Vehicle Law (1964),
services Motor Vehicle Rules (1989),

In addition

(a) Commercial presence of foreign services suppliers and / or providers are permitted in
accordance with Myanmar Companies Act 1914, Partnership Act 1923, Myanmar
Company Rules 1940, Special Company Act 1950, Special Company (Amendment)
Act 1955-1959, Union of Myanmar Foreign Investment Law 1988, Union of Myanmar
Citizens’ Investment Law 1994, The Income Tax Law 1974, Notification No. 115/2006,
Notification No. 124/2006 of the Ministry of Finance and Revenue, The land
Nationalization Act 1953, The transfer of Immoveable Property Restriction Law 1987.
(b) Presence of natural persons of foreign service suppliers and / or provider and permitted
in accordance with union Myanmar Foreign Investment Law, Myanmar Immigration
(Emergency Provisions) Act 1947, the foreigners Act 1864, The Registration of
Foreigners Act 1940, The Registration of Foreigners Rules 1948, Immigration Rules
and Regulations and procedures of Myanmar.