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Chapter I
Title and Definition
1. This
Notification shall be called the Notification of the Right to
Use Land relating to the Republic of the Union of Myanmar
Foreign Investment Law.
2. The following expressions contained in this
notification shall have the meanings given hereunder:
(a)
Law
means the Republic of the Union of Myanmar Foreign Investment
Law;
(b) Commission
means the Myanmar Investment Commission;
(c) Citizen
includes associate citizen or naturalized citizen. The said
expression also includes an economic organization formed only
with local capital;
(d)
Foreigner
means a person who is not a citizen. The said expression also
includes an economic organization formed only with foreign
capital;
(e) Investor
means a person or an economic organization that invests with the
permission of the Commission in accord with law;
(f) Person entitled to lease of land or person having right to use
land
means a person who is entitled to lease land for carrying out
any business up to the stipulated period after paying the
stipulated fee to the State that is the original owner of all
lands natural resources, above and under the ground, above and
under water and in the atmosphere in the State or a person who
have the right to carry out and use any agricultural or
livestock breeding business;
(g) Central Management Committee of Vacant, Fallow and Virgin Lands
means the Central Management Committee of Vacant, Fallow and
Virgin Lands formed under the Notification No. 67/2011 of the
Office of Union President of the Republic of the Union of
Myanmar dated 12-7-2011;
Chapter II
Lands Allowed to be Leased
3. This
Commission may, to carry out any business permitted by the
Commission, permit to lease the land of the person entitled to
lease land or to use land to investor the following lands with
prior approval of the Union Government:
(a) government-owned
lands;
(b)
lands owned by the
government department, organization;
(c) private lands owned
by citizen.
4. The
Commission may, in accord with the permission of the Central
Management Committee of the Vacant, Fallow and Virgin Land,
allow to lease the land for which the investor is desirous to
lease for carrying out agricultural, livestock breeding
businesses on commercial scale by using the vacant, fallow and
virgin lands and works for economic development relating to it.
Chapter III
Determining Term for the Land Use
5. The
Commission may permit the investor to lease the land for the
term actually required based on the category of business and
investment volume up to initial 30 years from a person entitled
to lease the land or a person the right to use land.
6. The Commission may, if the investor is desirous to
continue to carry out after the expiry of the term permitted to
the investor under article 5 and if the agreement is obtained
from the person entitled to lease land or the person having the
right to use land, permit to extend two consecutive terms of 15
years based on investment volume and category of business.
7. The term for land use for the agricultural and
livestock breeding business invested, explored, used and
operated by the investor in accord with the stipulation of the
Central Management Committee of Vacant, Fallow and Virgin Lands
is as follows:
(a) if it is a perennial
and garden crop cultivation business, it has the right to carry
out for 30 years commencing from the year first permitted if the
stipulated terms and
conditions are not violated. If it is desirous to continue to do
the business, it is entitled to do so as contained in article 6;
(b)
if it is a seasonal
crop cultivation business, it has the right to carry out as long
as the stipulated terms and conditions are not violated;
(c) if it is a fish,
prawn aquaculture business, it has the right to use for 30 years
commencing from the year first permitted if the stipulated terms
and conditions are not violated. If it is desirous to continue
to carry out, it is entitled to do so as contained in article 6;
(d) if it is a livestock
breeding business, it has the right to use for 30 years
commencing from the year first permitted if the stipulated terms
and conditions are not violated. If it is desirous to continue
to do, it is entitled to do so as contained in article 6.
8. The investor has the right to carry out the contract
farming system at the farms where the citizens obtained the
right to carry out only in joint-venture system with citizen
investor for carrying out accordingly to crop season to grow and
produce farm crops on mutual interest.
9. The Commission may, in order to develop in the whole
country, with the prior permission of the Union Government,
prescribe to enjoy rights for the land lease term or more than
the land use term contained in article 5 for the persons who
invest in the regions that are economically less developed and
difficult in transportation.
Chapter IV
Application for the Right to Use Land
10. The
investor shall apply to the Commission attached with the
documents that are agreed to lease and in respect of the land
that is desirous to be used for the purpose to carry out any
business, from a person entitled to lease of land or a person
entitled to use of land such land.
11. In applying as contained in article 10, the permit
addressed to the Commission that it is agreed and allowed from
the Region Government or State Government where such land is
located in respect of the land desirous to use shall be
enclosed.
12. If the land desirous to use is the land owned or
administered by the government department, government
organization, the permit addressed to the Commission that it is
agreed to lease by the relevant Government department,
Government organization shall be enclosed.
13. In carrying out the matters of land lease after
obtaining the permit of the Commission, a person entitled to
lease land or a person having right to use land and the investor
shall conclude the land lease agreement and send to the
Commission.
Chapter V
Determining Rental for Land Lease
14. The
Commission may allow the land lease rental approved by the
relevant Union Ministry in respect of the rate of land lease
rental of the land owned by the Government department,
Government organization and may submit to the Union Government
if necessary and carry out.
15. The rate of the rental of the land leased by the
investor from a person who is entitled to lease land or a person
having right to lease land and conclusion of agreement yearly in
accord with the current price according to the lease period
shall be discussed, determined and submitted the rate of rental
of the land lease to the Commission.
16. In determining the rate of land lease rental, the rate
to be paid once for 365 days from the date of the beginning of
the lease shall be basically calculated and leased. It shall be
calculated and submitted in accord with the calculation of the
Commission up to the end of lease period for the long term
investment.
17. In leasing Government department-owned land or
Government organization-owned land, the relevant Government
department or Government organization shall demand land lease
premium from the investor.
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