Land Laws

The most important action a person can take to protect his or her rights to land is to ensure that the land is registered with the appropriate governing authority.

Land registration does not protect the rights holder from lawful government land confiscation but it will help secure better compensation and rehabilitation outcomes.

The type of land a person has will determine land registration procedures. The most common categories of land include:

• Town and Village Land
• Farmland
• Forest land
• Vacant, fallow, and virgin land

Other types of land not described here include cantonment, religious, mining, and freehold land.

To determine the category of land held, a person may inquire with township level authorities:

• For holders of a Land Use Certificate, the Township Farmland Administration Body maintains farmland records.
• The Forest Department keeps records of forest land, including registered for community use.
• In Yangon, Mandalay, and Nawpyidaw, City Development Committees or a Council administers and maintains land records.

Town and village land consists mostly of grant land. Village land is land located outside the parameters of town land.

Town and village land is administered by the General Administration Department (GAD) and the Department of Agricultural Land Management and Statistics (DALMS).

In Yangon and Mandalay, City Development Committees administer land. The Naypyidaw Council administers land in Naypyidaw.

Land records may be checked with the local Ward/Village Tract Administrator (W/VTA).

To protect land rights, any relevant contracts and changes in ownership name should be registered with the appropriate Committee or DALMS, including changing the name on property inherited from a family member.

Applicant requirements

To be eligible to register farmland, the applicant must meet the following requirements:⁵

• Myanmar citizen
• At least 18 years old
• Named on the household list.
• Have the approval of the relevant W/VTA and two witnesses from adjacent farm land.

Procedure

The Farmland Rules states the procedure for how to secure a Land Use Certificate.⁶

1. Get a free application (Form 1) for a Land Use Certificate from the Ward/Village Tract Farmland Management Committee.⁷
2. Submit a Form 1 to the W/VTA along with documents such as tax receipts, contracts, land history, and evidence of prior land use.
3. Submit a Form 105⁸  along with the Form 1, if available. Otherwise, further assessment and mapping of the land will need to take place before a land use certificate can be issued.⁹
4. A notice for any objections will be posted at the Township department office and W/VTA office relevant to the farmland.¹⁰

Land Use Certificate

If there are no objections, a Land Use Certificate (Form 7) will be issued by the Ward/Village Tract Farmland Management Committee upon the payment of registration fees.¹¹

A Land Use Certificate allows the holder to sell, access credit, exchange, and lease land farmland. Stamp duty may apply to these transactions.

Conditions of use

Once a Land Use Certificate is granted, the rights holder must adhere to strict conditions of use.

Any changes in land use without registration with the Village-Tract Farmland Administration Body may result in eviction from land, fines or even imprisonment. This includes:¹²

• Failure to register change in the type of crops grown on the land.
• Abandoning land or not making use of the land without a sound reason.

Disputes.

Disputes relating to farmland are first handled by the Farmland Administration Body (FAB) at the ward and village tract levels.¹³ An appeal may be filed with the township Farmland Administration Body (FAB).¹⁴

The decision of the Farmland Administrative Body at the State or Region level is final and cannot be appealed.¹⁵

• if it has been deemed by the government as:
  • Abandoned by its owners (vacant and fallow); or
  • Virgin land which has been never been cultivated by another person

  A claim can be made on land of up to 50 acres

  Application forms and fees to work or use vacant, fallow, or virgin land can be submitted to the Township Level Vacant, Fallow and Virgin Land Management Committee.

  A successful application allows for land to be productively used such as for livestock farming and growing seasonal crops.²²

  The grant will generally cover a period of 30 years for livestock and orchard produce, while seasonal crops may continue as long as there is no breach of the conditions of use.²³

  There are many conditions of use including paying land taxes, not extracting natural resources from below the surface, and not leaving the land vacant.²⁴

  Vacant, fallow and virgin land cannot not be given away, sold, leased or otherwise transferred or divided without government permission.

  The Central Committee and the Task Force at the State/Regional Level also handles all disputes relating to vacant, fallow and virgin lands. Decisions cannot be appealed in the courts.

Government acquisition of land

Where projects undertaken by government authorities can be shown to serve a “public purpose,” land can be taken either temporarily or permanently, regardless of whether or not the land has been properly registered.²⁵  Temporary occupation of the land should not exceed three years.²⁶

The Land Acquisition Act (1894) outlines the specific procedures that the government must follow in order to lawfully acquire the land. There are special exceptions for “urgent” acquisitions.²⁷

• The government must provide a written notice of intent to persons with rights to the land,²⁸   including prior notice to the occupier before entering the property.²⁹
• The person objecting to the land confiscation may file a written objection.³⁰ Evidence of rights to the land and of past use of the land must be provided.
• Further objections may be formally disputed in court.³¹
• Informal ways to handle land confiscation may be available. Legal aid service providers and civil society groups may help make complaints and claims for compensation.

Compensation from government land-taking

The government must compensate those who may have rights in relation to land they lawfully acquire.

If the land rights holder objects to the compensation terms, a court may calculate compensation.³²  The calculation will be based on many factors including:

1. The market value of the land at the time notice was given with consideration of other factors.
2. Damage to crops and other property.
3. Costs of displacement.

Under the Farmland Law (2012), persons whose land has been taken by the government must be compensated without any loss.³³

Company acquisition of land

With proper government authorization, a company may also acquire land for a “public purpose.”^{34 (Land Acquisition Act (1894) §38)}

The company must also apply the same procedures, including notification, as required for government acquisition of land.

To object to the confiscation of land, a person may file a complaint to the relevant Ward/Village-Tract Administration Body.

Where company representatives fail to act according to the law, there may also be criminal and civil remedies available.

For example, entering onto another person’s property (or remaining unlawfully) with the intent to intimidate, insult, or annoy the person in possession of that property is a criminal offence.³⁵

Similarly, it is a criminal offence to cause property damage on another person’s property.³⁶  In order to get compensation, however, a civil suit may need to be brought against the company.

Many laws criminalise trespassing, damage to property, among others in order to protect property and land rights.

Individuals who occupy or use land must ensure that their land rights are legally recognised to avoid facing criminal charges.

For example, under the Penal Code, entering onto another person’s property (or remaining unlawfully) with the intent to intimidate, insult, or annoy the person in possession of that property is a criminal offence.³⁷  Causing property damage is also a criminal offence under the Penal Code.³⁸

Under the Forest Law (1992), trespassing, hunting, permitting domestic animals to graze, clearing or causing any damage on a reserved forest can lead to fines and imprisonment.³⁹

Individuals who wish to publicly protest land confiscation or other disputes must abide by the Peaceful Assembly and Procession Law (amended 2014 and 2016). Particularly, authorities must be notified prior to the protest.⁴⁰

Individuals participating in public protests should careful to avoid⁴¹  criminal charges such as defamation,⁴²  disturbing public tranquility,⁴³  or rioting under the Penal Code.

Women and men have equal housing, land, and property rights. Gender discrimination is strictly prohibited under Myanmar law.⁴⁴

The National Land Use Policy (2016) promotes the equal rights of men and women to land, including matters related to registration, inheritance and land management.⁴⁵

Any member of the household can register farmland. The head of the household and/or a man is not required.⁴⁶

Additionally, "head of household" refers to "any principal member of a household who leads the household activities," regardless of whether the person is a man or a woman. ⁴⁷

Joint registration of farmland with another member of the household is not prohibited by law.

Men and women have equal rights to land, including the right to joint land holdings.⁴⁸

Customary laws may conflict with land-related rights, particularly with regard to inheritance matters.^{49 (Burma Laws Act (1898) Art. 13.)}

• Burma Laws Act (1898)
• Community Forestry Instructions (2016)
• Constitution (2008)
• Criminal Procedure Code
• Farmland Law (2012)
• Farmland Rules [Notification No. 62/2012]
• Forest Law (1992)
• Land Acquisition, Resettlement, and Rehabilitation Law (1894)
• Law Protecting the Privacy and Security of Citizens (2017)
• National Land Use Policy (2016)
• Peaceful Assembly and Peaceful Procession Law (2011)
• Penal Code (1860) (amended 2016)
• Vacant, Fallow, and Virgin Lands Management Law (2012)