{"id":7824,"date":"2024-09-10T15:52:40","date_gmt":"2024-09-10T15:52:40","guid":{"rendered":"http:\/\/18.142.13.124\/?page_id=7824"},"modified":"2024-09-28T07:13:48","modified_gmt":"2024-09-28T07:13:48","slug":"right-details-farm","status":"publish","type":"page","link":"https:\/\/lannpya.com\/en\/right-details-farm\/","title":{"rendered":"Land Laws"},"content":[{"section_id":"1723558329843-491a47a7-6fd1","section_title":"\u1014\u102d\u1012\u102b\u1014\u103a\u1038","content":"

Myanmar citizens have rights to own, use, and transfer housing, property, and land1 <\/sup><\/strong>\u00a0but the State is the ultimate owner of all land.2<\/sup><\/strong><\/p>

The government may take away land and use it for a \u2018public purpose\u2019 but rights holders should receive compensation for any loss due to the confiscation.3<\/sup><\/strong><\/p>

The transfer of property or land will be influenced by Buddhist, Muslim, Hindu, and Christian customary law.<\/p>

Ordinary transfer of property or land, such as sale, lease or mortgage, may be determined by relevant existing laws such as the Transfer of Immovable Property Act, Contract Act or Farmland Law<\/p>

Although customary land use is recognised by the National Land Use Policy,4 <\/sup><\/strong>\u00a0customary land use is not currently recognised under Myanmar law.<\/p>"},{"section_id":"1723558329858-7c00b56e-ff0a","section_title":"\u1019\u103c\u1031\u1000\u102d\u102f \u1019\u103e\u1010\u103a\u1015\u102f\u1036\u1010\u1004\u103a\u1001\u103c\u1004\u103a\u1038","content":"

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.<\/p>

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

The type of land a person has will determine land registration procedures. The most common categories of land include:<\/p>

\u00a0<\/p>

\u00a0<\/p>

Other types of land not described here include cantonment, religious, mining, and freehold land.<\/p>

To determine the category of land held, a person may inquire with township level authorities:<\/p>"},{"section_id":"1723559393613-cd3959c7-0a77","section_title":"\u1019\u103c\u102d\u102f\u1037\u1014\u103e\u1004\u1037\u103a \u1000\u103b\u1031\u1038\u101b\u103d\u102c\u1019\u103c\u1031\u1019\u103b\u102c\u1038","content":"

Town and village land consists mostly of\u00a0grant land.\u00a0<\/a>Village land is land located outside the parameters of town land.<\/p>

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

In Yangon and Mandalay, City Development Committees administer land. The Naypyidaw Council administers land in Naypyidaw.<\/p>

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

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.<\/p>"},{"section_id":"1723559502094-a7d77862-7fcc","section_title":"\u101c\u101a\u103a\u101a\u102c\u1019\u103c\u1031","content":"

To be eligible to register farmland, the applicant must meet the following requirements:5<\/sup><\/strong><\/p>

\u00a0<\/p>

The Farmland Rules states the procedure for how to secure a Land Use Certificate.6<\/sup><\/strong><\/p>

\u00a0<\/p>

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<\/sup><\/strong><\/p>

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

\u00a0<\/p>

Once a Land Use Certificate is granted, the rights holder must adhere to strict conditions of use.<\/p>

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<\/sup><\/strong><\/p>

\u00a0<\/p>

Disputes relating to farmland are first handled by the Farmland Administration Body (FAB) at the ward and village tract levels.13<\/sup><\/strong>\u00a0An appeal may be filed with the township Farmland Administration Body (FAB).14<\/sup><\/strong><\/p>

The decision of the Farmland Administrative Body at the State or Region level is final and cannot be appealed.15<\/sup><\/strong><\/p>"},{"section_id":"1723559622511-5c46b51b-14c8","section_title":"\u101e\u1005\u103a\u1010\u1031\u102c\u1019\u103c\u1031","content":"

A local community who wishes to use nearby forest land as a common resource (such as for timber, plants, and animals) must form a management committee and apply for a Forest User Group Certificate with the Township Forest Department.16<\/sup><\/strong><\/p>

A Forest User Group Certificate will grant limited use rights for 30 years with the option of extending for another 30 years subject to the District Forest Officer\u2019s approval.17<\/sup><\/strong><\/p>

A management plan for community forest use must also be submitted to the Forest Department.18<\/sup><\/strong><\/p>

If approved, the registered group may also request technical and material assistance from the District Forest Department.19<\/sup><\/strong><\/p>

The Forest Department shall provide legal assistance in the event of:<\/p>

Forest User Group Certificates may be revoked for failure to follow rules and regulations.<\/p>"},{"section_id":"1723559727884-afdd205e-6922","section_title":"\u1019\u103c\u1031\u101c\u103d\u1010\u103a\u104a \u1019\u103c\u1031\u101c\u1015\u103a \u1014\u103e\u1004\u1037\u103a \u1019\u103c\u1031\u101b\u102d\u102f\u1004\u103a\u1038","content":"

A claim can be made on land of up to 50 acres<\/p>

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.<\/p>

A successful application allows for land to be productively used such as for livestock farming and growing seasonal crops.22<\/sup><\/strong><\/p>

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<\/sup><\/strong><\/p>

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<\/sup><\/strong><\/p>

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

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.<\/p>"},{"section_id":"1725983883285-d0827406-d140","section_title":"\u1019\u103c\u1031\u101e\u102d\u1019\u103a\u1038\u1001\u103c\u1004\u103a\u1038","content":"

Where projects undertaken by government authorities can be shown to serve a \u201cpublic purpose,\u201d land can be taken either temporarily or permanently, regardless of whether or not the land has been properly registered.25 <\/sup><\/strong>\u00a0Temporary occupation of the land should not exceed three years.26<\/sup><\/strong><\/p>

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 \u201curgent\u201d acquisitions.27<\/sup><\/strong><\/p>

\u00a0<\/p>

The government must compensate those who may have rights in relation to land they lawfully acquire.<\/p>

If the land rights holder objects to the compensation terms, a court may calculate compensation.32<\/strong> <\/sup>\u00a0The calculation will be based on many factors including:<\/p>

Under the Farmland Law (2012), persons whose land has been taken by the government must be compensated without any loss.33<\/sup><\/strong><\/p>

\u00a0<\/p>

With proper government authorization, a company may also acquire land for a \u201cpublic purpose.\u201d34 (Land Acquisition Act (1894) \u00a738)<\/sup><\/strong><\/p>

The company must also apply the same procedures, including notification, as required for government acquisition of land.<\/p>

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

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

For example, entering onto another person\u2019s property (or remaining unlawfully) with the intent to intimidate, insult, or annoy the person in possession of that property is a criminal offence.35<\/sup><\/strong><\/p>

Similarly, it is a criminal offence to cause property damage on another person\u2019s property.36 <\/sup><\/strong>\u00a0In order to get compensation, however, a civil suit may need to be brought against the company.<\/p>"},{"section_id":"1725983923526-f60be1bb-db31","section_title":"\u1019\u103c\u1031\u1014\u103e\u1004\u1037\u103a \u1019\u103c\u1031\u101a\u102c\u1006\u102d\u102f\u1004\u103a\u101b\u102c \u1021\u1004\u103c\u1004\u103a\u1038\u1015\u103d\u102c\u1038\u1019\u103e\u102f\u1019\u103b\u102c\u1038\u1014\u103e\u1004\u1037\u103a \u101e\u1000\u103a\u1006\u102d\u102f\u1004\u103a\u101e\u1031\u102c \u1015\u103c\u1005\u103a\u1019\u103e\u102f\u1019\u103b\u102c\u1038","content":"

Many laws criminalise trespassing, damage to property, among others in order to protect property and land rights.<\/p>

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

For example, under the Penal Code, entering onto another person\u2019s property (or remaining unlawfully) with the intent to intimidate, insult, or annoy the person in possession of that property is a criminal offence.37 <\/sup><\/strong>\u00a0Causing property damage is also a criminal offence under the Penal Code.38<\/sup><\/strong><\/p>

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<\/sup><\/strong><\/p>

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<\/sup><\/strong><\/p>

Individuals participating in public protests should careful to avoid41 <\/sup><\/strong>\u00a0criminal charges such as defamation,42 <\/sup><\/strong>\u00a0disturbing public tranquility,43<\/strong>\u00a0 <\/sup>or rioting under the Penal Code.<\/p>"},{"section_id":"1725983961335-650fd4cc-7db7","section_title":"\u1021\u1019\u103b\u102d\u102f\u1038\u101e\u1019\u102e\u1038\u1019\u103b\u102c\u1038\u1014\u103e\u1004\u1037\u103a \u1019\u103c\u1031\u101a\u102c\u1015\u102d\u102f\u1004\u103a\u1006\u102d\u102f\u1004\u103a\u1001\u103d\u1004\u1037\u103a","content":"

Women and men have equal housing, land, and property rights. Gender discrimination is strictly prohibited under Myanmar law.44<\/sup><\/strong><\/p>

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<\/sup><\/strong><\/p>

Any member of the household can register farmland. The head of the household and\/or a man is not required.46<\/sup><\/strong><\/p>

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.\u00a047<\/sup><\/strong><\/p>

Joint registration of farmland with another member of the household is not prohibited by law.<\/p>

Men and women have equal rights to land, including the right to joint land holdings.48<\/sup><\/strong><\/p>

Customary laws may conflict with land-related rights, particularly with regard to inheritance matters.49 (Burma Laws Act (1898) Art. 13.)<\/sup><\/strong><\/p>"},{"section_id":"1725983997593-a6e26e23-79b2","section_title":"\u1025\u1015\u1012\u1031\u1019\u103b\u102c\u1038","content":""}],"excerpt":{"rendered":"\u1019\u102c\u1010\u102d\u1000\u102c\u1014\u102d\u1012\u102b\u1014\u103a\u1038 \u1019\u103c\u1014\u103a\u1019\u102c\u1014\u102d\u102f\u1004\u103a\u1004\u1036\u101e\u102c\u1038\u1010\u102d\u102f\u1004\u103a\u1038\u1010\u103d\u1004\u103a \u1019\u103c\u1031\u104a \u1021\u102d\u1019\u103a\u104a \u1015\u1005\u1039\u1005\u100a\u103a\u1038\u1025\u1005\u1039\u1005\u102c\u1015\u102d\u102f\u1004\u103a\u1006\u102d\u102f\u1004\u103a\u1001\u103d\u1004\u1037\u103a\u101b\u103e\u102d\u1015\u102b\u101e\u100a\u103a\u104b1 ((\u1042\u1040\u1040\u1048) \u1016\u103d\u1032\u1037\u1005\u100a\u103a\u1038\u1015\u102f\u1036\u1021\u1001\u103c\u1031\u1001\u1036\u1025\u1015\u1012\u1031 \u1015\u102f\u1012\u103a\u1019 \u1043\u1047\u1042\u104b) \u00a0\u101e\u102d\u102f\u1037\u101e\u1031\u102c\u103a \u1014\u102d\u102f\u1004\u103a\u1004\u1036\u1010\u1031\u102c\u103a \u101e\u100a\u103a \u1019\u103c\u1031\u1021\u102c\u1038\u101c\u102f\u1036\u1038\u104f \u1015\u1004\u103a\u101b\u1004\u103a\u1038 \u1015\u102d\u102f\u1004\u103a\u101b\u103e\u1004\u103a\u1016\u103c\u1005\u103a\u1015\u102b\u101e\u100a\u103a\u104b2 ((\u1042\u1040\u1040\u1048) \u1016\u103d\u1032\u1037\u1005\u100a\u103a\u1038\u1015\u102f\u1036\u1021\u1001\u103c\u1031\u1001\u1036\u1025\u1015\u1012\u1031 \u1015\u102f\u1012\u103a\u1019 \u1043\u1047(\u1000)\u104b) \u1021\u1005\u102d\u102f\u1038\u101b\u101e\u100a\u103a \u1021\u1019\u103b\u102c\u1038\u1015\u103c\u100a\u103a\u101e\u1030\u1021\u1000\u103b\u102d\u102f\u1038\u1005\u102e\u1038\u1015\u103d\u102c\u1038\u1021\u1010\u103d\u1000\u103a \u1019\u100a\u103a\u101e\u100a\u1037\u103a\u1019\u103c\u1031\u1000\u102d\u102f\u1019\u1006\u102d\u102f \u101e\u102d\u1019\u103a\u1038\u1006\u100a\u103a\u1038\u1001\u103c\u1004\u103a\u1038\u104a \u1021\u101e\u102f\u1036\u1038\u1001\u103b\u1001\u103c\u1004\u103a\u1038\u1019\u103b\u102c\u1038 \u1015\u103c\u102f\u101c\u102f\u1015\u103a \u1014\u102d\u102f\u1004\u103a\u1015\u102b\u101e\u100a\u103a\u104b \u101e\u102d\u102f\u1037\u101e\u1031\u102c\u103a \u1019\u103c\u1031\u1014\u103e\u1004\u1037\u103a\u1015\u1010\u103a\u101e\u1000\u103a\u104d\u1021\u1000\u103b\u102d\u102f\u1038\u1001\u1036\u1005\u102c\u1038\u1001\u103d\u1004\u1037\u103a\u101b\u103e\u102d\u101e\u1030 \u104a \u101c\u102f\u1015\u103a\u1015\u102d\u102f\u1004\u103a\u1001\u103d\u1004\u1037\u103a\u101b\u103e\u102d\u101e\u1030\u1019\u103e \u1019\u103c\u1031\u101e\u102d\u1019\u103a\u1038\u1001\u1036\u101b\u1001\u103c\u1004\u103a\u1038\u1000\u103c\u1031\u102c\u1004\u1037\u103a \u1016\u103c\u1005\u103a\u1015\u1031\u102b\u103a \u101c\u102c\u101e\u1031\u102c \u1006\u102f\u1036\u1038\u101b\u103e\u102f\u1036\u1038\u1014\u1005\u103a\u1014\u102c\u1019\u103e\u102f\u1019\u103b\u102c\u1038\u1021\u1010\u103d\u1000\u103a \u101c\u103b\u1031\u102c\u103a\u1000\u103c\u1031\u1038\u104a \u1014\u1005\u103a\u1014\u102c\u1000\u103c\u1031\u1038 \u101b\u1015\u102d\u102f\u1004\u103a\u1001\u103d\u1004\u1037\u103a\u101b\u103e\u102d\u1015\u102b\u101e\u100a\u103a\u104b3 ((\u1041\u1048\u1049\u1044)\u1019\u103c\u1031\u101e\u102d\u1019\u103a\u1038\u1006\u100a\u103a\u1038\u101b\u1031\u1038\u1021\u1000\u103a\u1025\u1015\u1012\u1031\u104b) \u1019\u103c\u1014\u103a\u1019\u102c\u1013\u101c\u1031\u1037\u1011\u102f\u1036\u1038\u1010\u1019\u103a\u1038\u1025\u1015\u1012\u1031\u104a \u101f\u102d\u1014\u1039\u1012\u1030\u104a \u1001\u101b\u1005\u103a\u101a\u102c\u1014\u103a\u1014\u103e\u1004\u1037\u103a \u1021\u1005\u1039\u1005\u101c\u102c\u1019\u103a\u1013\u101c\u1031\u1037\u1011\u102f\u1036\u1038\u1010\u1019\u103a\u1038\u1025\u1015\u1012\u1031\u1019\u103b\u102c\u1038\u101e\u100a\u103a \u1019\u103c\u1031\u1014\u103e\u1004\u1037\u103a\u1015\u1005\u1039\u1005\u100a\u103a\u1038\u1025\u1005\u1039\u1005\u102c \u101c\u103d\u103e\u1032\u1015\u103c\u1031\u102c\u1004\u103a\u1038\u1001\u103c\u1004\u103a\u1038\u1019\u103b\u102c\u1038\u1021\u1015\u1031\u102b\u103a \u1019\u103b\u102c\u1038\u1005\u103d\u102c\u101c\u103d\u103e\u1019\u103a\u1038\u1019\u102d\u102f\u1038\u1019\u103e\u102f\u101b\u103e\u102d\u1015\u102b\u101e\u100a\u103a\u104b \u101e\u102d\u102f\u1037\u101e\u1031\u102c\u103a \u101e\u102c\u1019\u1014\u103a\u1019\u103c\u1031\u1014\u103e\u1004\u1037\u103a\u1015\u1005\u1039\u1005\u100a\u103a\u1038\u1025\u1005\u1039\u1005\u102c\u101c\u103d\u103e\u1032\u1015\u103c\u1031\u102c\u1004\u103a\u1038\u1001\u103c\u1004\u103a\u1038\u1019\u103b\u102c\u1038 \u1016\u103c\u1005\u103a\u101e\u100a\u1037\u103a \u101b\u1031\u102c\u1004\u103a\u1038\u1001\u103b\u1001\u103c\u1004\u103a\u1038\u104a \u100c\u102c\u1038\u101b\u1019\u103a\u1038\u1001\u103c\u1004\u103a\u1038\u104a \u1015\u1031\u102b\u1004\u103a\u1014\u103e\u1036\u1001\u103c\u1004\u103a\u1038 \u1019\u103b\u102c\u1038\u1000\u102d\u102f\u1019\u1030 \u1010\u100a\u103a\u1006\u1032\u1025\u1015\u1012\u1031\u1019\u103b\u102c\u1038\u1016\u103c\u1005\u103a\u101e\u100a\u1037\u103a \u1015\u100b\u102d\u1009\u102c\u1009\u103a\u1025\u1015\u1012\u1031\u104a \u101c\u101a\u103a\u101a\u102c\u1019\u103c\u1031\u1025\u1015\u1012\u1031\u104a … Continue reading Land Laws<\/span><\/a>","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"content-type":"","footnotes":""},"class_list":["post-7824","page","type-page","status-publish","hentry"],"acf":[],"aioseo_notices":[],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/pages\/7824","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/comments?post=7824"}],"version-history":[{"count":7,"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/pages\/7824\/revisions"}],"predecessor-version":[{"id":8274,"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/pages\/7824\/revisions\/8274"}],"wp:attachment":[{"href":"https:\/\/lannpya.com\/en\/wp-json\/wp\/v2\/media?parent=7824"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}