— Regulatory Framework

Regulatory Framework

Manufacturing in Malaysia is regulated mainly under the Industrial Coordination Act 1975 (ICA 1975), administered by the Ministry of International Trade and Industry (MITI). Applications are submitted to and reviewed by the Malaysian Investment Development Authority (MIDA), while the Manufacturing Licence (ML) itself is issued by MITI. Qualifying manufacturers must obtain an ML before commencing operations.

01 · LEGAL BASIS

ICA 1975

Industrial Coordination

Act 1975

→

02 · APPLICATION & REVIEW

MIDA

Malaysian Investment Development Authority

Receives and reviews applications

→

03 · LICENCE ISSUER

MITI

Ministry of International Trade and Industry

Issues the Manufacturing Licence (ML)

— Definition

What Counts as “Manufacturing”

Under the ICA 1975, “manufacturing” broadly covers making, altering, blending, finishing or otherwise treating any article or substance for use, sale, transport, delivery or disposal, and includes the assembly of parts. Whether an activity qualifies depends on the actual production process.

— When Is a Licence Required

When Is an ML Required

Whether an ML is required depends first on size thresholds: shareholders’ funds of RM2.5 million or more, or 75 or more full-time employees. Meeting either one triggers the requirement. Companies below the thresholds are not automatically free of obligation — they must still confirm or apply for exemption status under MIDA’s exemption guide (ICA 10).

Planning to carry out manufacturing activities in Malaysia
 

Criteria (either one triggers)

Shareholders' funds ≥ RM2.5m OR ≥ 75 full-time employees

Threshold met
▼

OUTCOME A

ML application to MIDA

Reviewed by MIDA; ML issued by MITI
Subject to additional conditions
Approval needed before operating

Below threshold
▼

OUTCOME B

Confirm exemption status

Per MIDA exemption guide (ICA 10)
Exemption requires a Business Licence (BL)

MIDA also reviews additional conditions, including capital investment per employee (RM140,000), Malaysian employee ratio (at least 80%), and 25% of MTS (Managerial, Technical, and Supervisory) staffing or 40% of value-added thresholds. Exact requirements are subject to the latest rules of MIDA and MITI.

— Application Types

Types of ML Application

Depending on your stage, ML applications fall into four types, each with different documents and review focus:

01

New Application

TYPE ONE

First-time start of
manufacturing

02

Expansion

TYPE TWO

Increase production
capacity

03

Diversification

TYPE THREE

Add new products or
production activities

04

Regularisation

TYPE FOUR

Already operating but
without a licence

— Beyond the Licence

Beyond the ML: Premises and Safety Approvals

The ML is an industry-level licence issued by MITI, with applications received and reviewed by MIDA, and is generally not conditional on the approvals below. But for a factory to use its premises and produce lawfully, a Business Licence (BL) is also needed at local-authority level, and a formal BL usually requires support from approvals such as Department of Occupational Safety and Health (DOSH), Fire and Rescue Department of Malaysia (BOMBA), Department of Environment (DOE) and the Certificate of Completion and Compliance (CCC) as prerequisites:

A · INDUSTRY ADMISSION (FEDERAL / MITI & MIDA)

Manufacturing Licence (ML)

Industry-level licence; generally not conditional on the approvals below

ICA 10 exemption cases require a Business Licence (BL)

 

B · PREMISES & SAFE OPERATION (LOCAL AUTHORITY)

Supporting approvals for the Business Licence (BL), usually prerequisites:

DOSH

Certificate of Confirmation of Workplace Notification

Occupational Safety & Health

Sijil Pengesahan Pemberitahuan Tempat Kerja

BOMBA

Fire Licensing Support Letter for General Factories

Fire & Rescue Dept

Surat Sokongan Perlesenan

DOE

Environmental Licensing Support Letter for General Factories

Dept of Environment

Surat Sokongan Perlesenan

CCC

Certificate of Completion and Compliance (CCC)

If new construction, alteration or structural renovation is involved

▼
Business Licence (BL) · Local authority (PBT)
The ML answers “may this industry activity be carried out”; the BL and its supporting approvals answer “may the premises be used and operated safely”. A factory needs both to operate lawfully.

— Why Sequence Matters

Why Approval Sequence Matters

The ML and the BL are two parallel tracks with different dependencies: the ML is generally not conditional on local approvals; a formal BL usually needs DOSH, BOMBA, DOE and CCC support first; and ICA 10 exemption cases require a BL. Poor planning of site and process invites waiting, resubmission and rework, slowing the start of production and business commencement.

We recommend mapping the full checklist and timeline for the ML / exemption, the BL and each supporting approval before the site is finalised, then advancing applications step by step.

— How We Help

How We Can Help

Yingke Malaysia supports Chinese companies from eligibility assessment through to obtaining each approval, coordinating your manufacturing set-up end to end. Our services include:

01

ML / exemption eligibility assessment

02

MIDA application preparation and submission, with follow-up through to MITI’s issuance

03

Coordination and follow-up of departmental approvals

04

Site and compliance feasibility advice

05

Coordination with member law firm and consulting teams

06

Support for expansion and diversification applications

※Thresholds, conditions and procedures for the ML may change; please refer to the latest announcements by MIDA, MITI and the relevant authorities and consult a professional for your specific situation.