The Republic of the Union of Myanmar

National Land Use Policy

January, 2016
 CONTENT

Sr. Content Page

Foreword

1. Introduction 1-2

2. Part-1 Objectives and Principles

Chapter-1 3
Objectives

Chapter-2 3-4

Guiding Principles

Chapter-3 4-5

Basic Principles
3. Part-2 Land Use Administration

Chapter-1 6-8
Formation of the National Land Use Council

Chapter-2 8-9
Determination of Land Types and Land
Classifications

Chapter-3 9-11
Land Information Management

4. Part-3 Planning and Changing Land Use

Chapter-1 12-13

Planning and Drawing Land Use Map

Chapter-2 14-16

Zoning and Changing Land Use

Chapter-3 16-17

Changing Land Use by Individual Application

Sr. Content Page

5. Part-4 Grants and Leases of Land at the Disposal of 18-20

Government

6. Part-5 Procedures related to Land Acquisition, Relocation, 21-22

Compensation, Rehabilitation and Restitution

7. Part-6 Land Dispute Resolution and Appeal

Chapter-1 23-24

Land Disputes Resolution

Chapter-2 24

Appeal

8. Part-7 Assessment and Collection of Land Tax, Land 25-28

Transfer Fee and Stamp Duties

9. Part-8 Land Use Rights of the Ethnic Nationalities 29-31

10. Part-9 Equal Rights of Men and Women 32

11. Part-10 Harmonization of Laws and Enacting New Law 33

12. Part-11 Monitoring and Evaluation 34-36

13. Part-12 Research and Development 37-39

14. Part-13 Miscellaneous 40

 Foreword
1. National land resource management shall be taken into consideration not
only for the present but also for the future in order to enhance people’s
food security, water resource development, improvement of transportation,
economic and business development, and protection of environment and
cultural heritage.
2. In land resource administration, it is important to develop and apply
correct and complete policy, reliable legal framework and competent land
management systems that are resulted from analysis of economical,
political, legal and social aspects of the country.
3. National land use policy is associated with conservation, utilization and
allocation of land resources and defined as the official notification of a
government’s objectives and plans. In the policy, it shall be clearly
described land related benefits, political choice and forms in relation to
allocation of authorities, and user rights of land and related natural
resources that exist between the government and original land owners i.e.
people of the country.
4. National land use policy is normally laid down with various objectives
including land ownership and tenure security, equitable allocation,
productivity for investment, sustainable environmental conservation, and
enjoyment of natural beauty.
5. In the implementation of land use policy, it is required to have systematic
land management system in order to approve, record and distribute land
ownership, land tenure, land value and land use information. Some of
currently used land resource laws and administration are over hundred year
old. It shall be reviewed in order to ensure that they are in line with current
situations; possessing ability to carry out public benefits and equality.
6. The Government of the Republic of Union of Myanmar formed the
National Land Resource Management Central Committee with an
objective to systematically manage and utilize national land resources.
7. The Central Committee has laid down the following (3) future actions:
a. To formulate sustainable land resource related basic principles in all
inclusive manner which will be basic foundation for the future
perspective;
 b. To develop an umbrella land law that can be practically used to resolve
land resource related issues, with the participation and collaborate on
of all stakeholders;
c. To implement land management reform pilot projects in order to
immediately achieve people centered development outcomes.
8. In order to fulfill the mandate that is to develop and implement national
land use policy, the National Land Use Policy has been successfully
developed with the active participation of Union Ministries and
organizations, UN and international organizations, civil society
organizations (CSOs), NGOs, and other stakeholders including rural
communities. There are various suggestions and recommendations
received from local, national and international expert individual and
groups during the 8 months consultation process. The internal and external
experts reviewed and incorporated them in the draft policy in the expert
roundtable process and national workshop.
9. The Central Committee sincerely express its gratitude to members of
National Land Resource Management Central Committee, Land Use
Policy Review Working Committee chair and members, responsible
officials from the Ministry of Environmental Conservation and Forestry as
focal agency, the internal and external experts, retired persons, European
Union (EU), US Agency for International Development (USAID), Swiss
Agency for Development and Cooperation (SDC) and The Land Core
Group (LCG) and Civil Society Organizations, and all stakeholders who
provided feedback and suggestions in the consultation meetings held in
Nay Pyi Taw and all States and Regions.

National Land Resource Management Central Committee

- January, 2016
Nay Pyi Taw
 The National Land Use Policy

Introduction

1. Myanmar is a country where the various kinds of ethnic

nationalities are residing collectively and widely in 7 Regions, 7
States and Union Territory. The country is located in Southeast
Asia and is important geographically, economically and politically
in the region.
2. Moreover, Myanmar is a country that has rich natural resources and
environment, including valuable forests, fertile planes, natural gas
and mineral deposits, long coastline, mountain ranges, and rivers
such as the Ayeyarwaddy, Chindwin, Thanlwin, Sittaung, which
are the lifeblood of the country.
3. The land resources shall be managed, administered and used, with
special attention, by adopting long-term objectives for the
livelihood improvement of the citizens and sustainable
development of the country. When the land resources are
systematically used and well managed, the more it will be possible
to fulfill the basic needs of the citizens, develop the social and
economic life of the people, and develop the country harmoniously.
4. Under section 37 of the Constitution of the Republic of the Union
of Myanmar, it is provided that the Union is the ultimate owner of
all lands in the Union, shall enact necessary law to supervise
extraction and utilization of State-owned natural resources by
economic forces; shall permit citizens right of private property,
right of inheritance, right of private initiative and patent in accord
with the law. According to such provision, the President of the
Union also guided on 19th June, 2012 to adopt a necessary, strong
and precise policy for the sustainable management, administration
 2

and use of the land resources of the country, as such, "the National
Land Use Policy "has been developed.
5. This National Land Use Policy aims to implement, manage and
carry out land use and tenure rights in the country systematically
and successfully, including both urban and rural areas, in
accordance with the objectives of the Policy and shall be the guide
for the development and enactment of a National Land Law,
including harmonization and implementation of the existing laws
related to land, and issues to be decided by all relevant departments
and organizations relating to land use and tenure rights.
 3

Part ( I )
Objectives and Principles

Chapter ( I )
Objectives

6. The objectives of the National Land Use Policy are as follows:

(a) To promote sustainable land use management and protection of
cultural heritage areas, environment, and natural resources for
the interest of all people in the country;
(b) To strengthen land tenure security for the livelihoods
improvement and food security of all people in both urban and
rural areas of the country;
(c) To recognize and protect customary land tenure rights and
procedures of the ethnic nationalities;
(d) To develop transparent, fair, affordable and independent
dispute resolution mechanisms in accordance with rule of law;
(e) To promote people centered development, participatory
decision making, responsible investment in land resources and
accountable land use administration in order to support the
equitable economic development of the country;
(f) To develop a National Land Law in order to implement the
above objectives of National Land Use Policy.

Chapter ( II )
Guiding Principles

7. The guiding principles of the national land use policy are as follows:

(a) To enhance sustainable land use in development and

implementation of policies and legal frameworks related to land
and natural resource management;
 4

(b) To ensure transparency, responsibility and accountability in land

and natural resource governance;
(c) To promote people’s participation and collaboration particularly
ethnic nationalities, women and smallholder farmers in decision
making related to land and natural resource management;
(d) To recognize and protect private and communal property rights
of citizens as included in the constitution;
(e) To make effort promoting appropriate international good
practices in land and natural resource governance.

Chapter ( III )
Basic Principles

8. The basic principles of the National Land Use Policy are as follows:

(a) To legally recognize and protect legitimate land tenure rights of

people, as recognized by the local community, with particular
attention to vulnerable groups such as smallholder farmers, the
poor, ethnic nationalities and women;
(b) To strengthen rule of law and good governance, including
simplifying procedures, ensuring transparency, and increasing
accountability and responsibility;
(c) To promote effective land information management, including
easy public access to information;
(d) To adopt international best practices such as voluntary
guidelines on the responsible governance of tenure of land,
fisheries and forests in the context of national food security and
human rights standards;
(e) To promote inclusive public participation and consultation in
decision making processes related to land use and land resource
management;
(f) To promote effective market based solutions, such as formal
recognition of land tenure rights or use of new tax mechanisms,
 5

to address land management issues such as discouraging land

speculation;
(g) To review and revise the National Land Use Policy to meet
changing socioeconomic needs of the country as necessary;
(h) To develop and implement fair procedures relating to land
acquisition, compensation, relocation, rehabilitation, restitution, and
reclaiming land tenure and housing rights of internal displaced
persons and returning refugees caused by civil war, land
confiscation, natural disasters and other causes;
(i) To ensure easy access to judicial review or other dispute
resolution mechanisms that are independent, fair, transparent
and affordable;
(j) To prioritize the interest of public citizens over private
companies in land use decision making;
(k) To ensure equal opportunities for men and women over land
resources, tenure rights and participatory decision making;
(l) To permit freedom of crop selection and adoption of cultivation
technologies in a way that will not negatively affect the
environment;
(m) To develop law and procedures for addressing the issues of
landlessness and affordable housing;
(n) To decentralize decision making related to land;
(o) To strictly and transparently enforce contracts related to land in
compliance to the law;
(p) To address the impacts of climate change and natural disasters.
 6

Part (II)
Land Use Administration
Chapter (I)
Formation of the National Land Use Council
9. The Union Government:
(a) Shall establish the National Land Use Council for the
implementation of the National Land Use Policy and related
laws, and determine its roles and responsibilities;
(b) In establishing the National Land Use Council, it shall
comprise a Vice-President assigned by the President of the
Union as the Chairman, the relevant Union Ministers and Chief
Ministers of the Regions or States as members, and a person
elected and assigned by the members as the Secretary;
(c) May form the necessary work committees to support the roles
and responsibilities of the National Land Use Council;
(d) Shall form a technical advisory body that includes
representatives from different stakeholders groups, such as
farmer associations, ethnic nationalities, civil society,
academia, private sector and others.

10. The National Land Use Council:

(a) Shall establish Land Use Committee at all Regions or States or
Union Territory (Nay Pyi Taw Council), to effectively and
uniformly supervise the implementation of the National Land
Use Policy in respective locality in the country, and determine
its roles and responsibilities;
(b) In establishing the Land Use Committee at Region or State
level, it shall comprise the Chief Minister as Chairman,
Ministers for the Ministries related to land use from Region or
 7

State Government, responsible persons from the relevant

Region or State level Government departments and
organizations, representatives of farmers selected by local
associations, representatives from all local ethnic nationalities,
experts, women and elders as members, and a person elected
and assigned by the members as the Secretary;
(c) In establishing the Land Use Committee at Union Territory
(Nay Pyi Taw Council), it shall comprise the Chairman of
Union Territory (Nay Pyi Taw Council) as Chairman, member
of the Union Territory (Nay Pyi Taw Council), responsible
persons from the relevant Union Territory (Nay Pyi Taw
Council) level Government departments and organizations,
representatives of farmers selected by local associations,
representatives from all local ethnic nationalities, experts,
women and elders as members, and a person elected and
assigned by the members as the Secretary.
11. The respective Region or State or Union Territory Government
(Nay Pyi Taw Council) shall establish the Self-administered
Division or Self-administered Zone Land Use Committees and
District Land Use Committees, Township Land Use Committees,
Village-tract or Ward Land Use Committees with appropriate
persons based on the composition in paragraph 10(b), and
determine the roles and responsibilities.
12. The Union Government, National Land Use Council and Region or
State or Union Territory Government (Nay Pyi Taw Council) shall,
based on the following facts, determine the roles and
responsibilities of relevant working committees and various local
committees:
 8

(a) Coordination, management and information sharing for

consistency of the existing land records, maps and registration
systems of all relevant Union level ministries and departments;
(b) Transparently providing precise and correct land information
that the stakeholders need to use when deciding the amount of
land area necessary for projects related to national
development, environmental conservation, land use planning
and investment;
(c) Maintaining a system of correct boundary maps, land types and
classification, in order to recognize legitimate land use and
land tenure rights, reduce land conflicts, and easily resolve any
and all land disputes.

Chapter (II)
Determination of Land Types and Land Classifications
13. Based on the following general land types, various land
classifications may be determined:
(a) Agricultural land (all land used primarily for agriculture
production purposes, including growing annual or perennial
crops, growing industrial crops, animal husbandry activities,
land based aquaculture activities, and any agriculture
production focused support facilities, and any agriculture
production focused support facilities that are either currently
cultivated or follow);
(b) Forest land (intended to capture those areas of the country that
will be determined to be part of the permanent forest estate);
(c) Other land (Urban land, village land, religious land, public
land, government administrated vacant, fallow, virgin land and
 9

wasteland that are not classified as forestland and agricultural

land, etc.).
14. To determine appropriate land types and land classifications to
meet the current needs of the country, the relevant government
departments and organizations shall transparently review and
amend the existing land types and classifications in accordance
with the rule of law, national land use policy and national land law.

Chapter (III)
Land Information Management

15. Systematically maintaining correct and accurate land cover maps,

land records and other land information is fundamental for
systematic land use management, land tenure security and urban-
rural economic development.
16. In carrying out land information management:
(a) Accurate, complete and updated Information related to land
use shall be maintained;
(b) Respective government departments, organizations and local
representatives must coordinate in drawing maps and
registration in order to ensure land tenure security and accurate
and complete land information. In order to do mapping and
registration, human resources and budget shall be sufficiently
provided;
(c) Access to accurate, complete and updated land use information
is essential for legal decision making related to land
acquisition, relocation, transfer of land use rights, change of
land use types, and resolving land disputes;
(d) All individuals, communities and organizations with the rights
to use and manage land must have equal rights to access
 10

accurate and complete information related to land use, have

secure land tenure rights, land transfer rights and freedom of
crop choice;
(e) Legitimate land tenure rights recognized by the local
community, including individual, household, collective and
communal, whether or not they have been registered, recorded
and mapped, shall be recognized, protected, and registered in
accordance with laws;
(f) Land tenure registration and transfer procedures shall be
modernized, streamlined and simplified in order to make the
process more transparent, accountable and affordable.
17. The following shall be carried out in timely manner to successfully
accomplish the preparatory process for issuing land tenure rights
and land information management:
(a) Establishing transparent, accountable, affordable, clear and
easy process to enable recognition and registration of rights for
all stakeholders including ethnic nationalities and smallholder
farmers, when their rights have not previously been recognized
and registered;
(b) Legally recognizing and registering legitimate land tenure
rights that are recognized by the local community;
(c) Updating and transforming land information and maps into
appropriate digital formats in order to facilitate sharing and
coordination among government departments and
organizations, and to enable easy access and use by the public;
(d) Obtaining and using high quality satellite images and
appropriate technologies, including Geographic Information
System (GIS), when comparing actual land use on the ground,
and land records including existing land use maps;
 11

(e) Checking accurate land use rights records when updating land
use maps in timely manner;
(f) Using community consultation and participatory land use
mapping methods when approving local land use rights;
(g) Including participation of well respected local individuals and
associations when conducting a survey of landless people in the
villages;
(h) Considering the elements above, timely implementing one or
more pilot projects and research initiatives relating to updating
maps and records, and enabling public access to land
information.
18. The union government shall establish a dedicated entity for
management of land information systems across the country.
 12

Part (III)
Planning and Changing Land Use

Chapter (I)
Planning and Drawing Land Use Map
19. (a) Preparation of land use plan to enable the systematic
management and use of land resources in the country shall be
based on upon accurate, complete and updated information, and
shall take into consideration potential future trends and needs;

(b) Revise and update land use plans and maps in timely manner in
order to understand potential impacts of proposed land use
changes on existing livelihoods, land use, land tenure rights,
existence of farmlands, protected areas and encroachment;

(c) The process in sub-paragraph (b) shall be carried out using an

inclusive participatory approach and in consultation with local
stakeholders, including men and women;

(d) Land use planning process that is participatory, transparent and

accountable, as defined in this chapter, shall be incorporated in
the National Land Law.

20. To make district level land use planning and decision making
processes easier and effective, use advanced land use mapping
techniques, zoning, planning, public consultation and individual
application.
21. The following shall be included in process of preparing district
level land use plans:
(a) Transparently providing access to information on the land use
plan to the public;
 13

(b) Integrating and implementing the Union level, Region or State

level and local level land use plans;
(c) Using "bottom-up" participatory approach when preparing
urban and rural land use plans;
(d) Deciding impartially and transparently the recognition of
existing land tenure rights and changing the existing land use;
(e) Using procedures that provide prior notice to the public and
reaching consent when preparing participatory land use plans at
township, town, ward, village-tract and village levels;
(f) Using evidence based satellite images and appropriate
technologies, including GIS, when preparing land use plans;
(g) Considering historic and current land use and land tenure rights
when changing land types or land classifications;
(h) Establishing agricultural and ecological conservation zones to
encourage protection of land resources and the environment;
(i) Establishing reserved land areas for allocation to landless
citizens in order to improve livelihoods, promote social
stability, and manage land encroachment;
(j) Revising land use plans as needed to reflect changing needs
and priorities of society over time;
(k) Establishing effective and beneficial processes that provide
consultation opportunities to the public during land use
decision-making.
22. Legitimate land use rights shall not be affected when there is a plan
to change land use through zoning or individual application.
23. In areas where there is a plan for land use change, existing land
users may voluntarily and independently transfer or sell their land
use rights.
 14

Chapter ( II )
Zoning and Changing Land Use
24. Based on land use information, the District Land Use Committee
may define the following zones, and additional zones as necessary, in
the proposed land use planning maps:
(a) Urban and rural development zone;
(b) Agriculture zone;
(c) Livestock breeding and fishery zone;
(d) Protected area zone or national security zone;
(e) Commercial zone, industrial zone or mining zone;
(f) Grazing land zone;
(g) Forest zone.
25. The District Land Use Committee shall:
(a) Propose land use changes in appropriate areas of the district
based on approved and updated information from the land use
planning process, in order to meet local development,
environmental conservation, livelihoods improvement, food
security and other needs;
(b) In proposing land use change, protect sustainable land use, land
administration and land use rights, whether they are registered
or not registered.
26. The land use committees at different levels including National Land
Use Council, Union Territory (Nay Pyi Taw Council), region or
state, and self-administered division or self-administered zone, shall
revise respective sustainable land use plans taking into
consideration the proposed land use plans and maps of the District
Land Use Committees.
 15

27. (a) After completing proposed land use planning maps and land use
zoning, they shall be presented to the public including local
communities and other stakeholders, for public consultation.
(b) Information sharing must be done sufficiently in every village or
ward in order to record positive or negative feedback from
stakeholders in the affected areas, on any part, or entirety, of the
proposed land use change.
(c) Based on the positive and negative feedback from the
stakeholder consultation in the affected areas, the Ward or
Village Tract Land Use Committees will submit recommendations
for revising, partially or entirely, the proposed land use change
to the Township Land Use Committee for consideration.
(d) Based on recommendations and feedback from the affected
Ward or Village Tract’ Land Use Committees, the Township
Land Use Committees will submit recommendations for
revising, partially or entirely, proposed land use change to the
District Land Use Committee for consideration.
(e) The District Land Use Committee:
(i) Based on the recommendations and feedback from Ward or
Village Tract, and Township Land Use Committees, will
review and revise the proposed zones of entire districts as
necessary, in order to change land use;
(ii) Allowing sufficient time, will conduct a second round of
information sharing and public consultation with local
communities and in affected wards and villages, on the
revised land use zones and maps;
(iii) Based on the recommendations of Ward or Village Tract
and Township Land Use Committee, from the second round
of information sharing and public consultations at the village
 16

level, will review and finalize the zoning for changing the
overall land use of the District;
(iv) After finalizing zones for land use change, shall approve the
new land use zones;
(v) In order to make the public aware, the new land use zones
must be demarcated on the ground and records shall be
made publicly available in the respective Wards or Villages;
(vi) Shall submit the approved land use zone records to the
dedicated entity responsible for land information
management systems at the national level using approved
procedures, so that national, region or state, and self-
administered division or self-administered zone may revise
sustainable land use plans in a timely manner.

Chapter ( III )
Changing Land Use by Individual Application
28. In order to protect the land use rights of existing land users in
affected and surrounding areas, procedures will be developed on
providing public notice, information sharing and right to appeal,
when determining whether an individual application for land use
change, that is submitted to respective ministries, government
departments or agencies, is permitted or not.
29. To protect existing land users in the local communities from
negative impacts of proposed individual land use changes, the
following shall be done:
(a) The respective land use committee shall review, check for
accuracy and approve information in relevant land use plans
relating to existing livelihoods, land uses, land use rights,
 17

existing land availability, protected areas, encroachments and

other socioeconomic information;
(b) Complete an Environmental and Social Impact Assessment
(ESIA) before considering a grant for individual land use
right or lease of land;
(c) Determining the following costs and time schedule for
payment by an applicant;
(i) Cost for scrutinizing whether information is correct, and;
(ii) Cost for conducting ESIA in the affected area;
(d) Protecting lands that are under rotating and shifting
cultivation and customary cultivation practices;
(e) Protecting natural resources and ecological system that
provide shared livelihood and socioeconomic development
benefits to the surrounding communities;
(f) Implementing land use plans consistently and fairly with
public consent to reduce land disputes.
 18

Part ( IV )
Grants and Leases of Land at the Disposal of Government
30. When granting or leasing of land at the disposal of government, the
government shall provide prior notice, secure feedback from
stakeholders, and conduct an ESIA in accordance with law, in order
to not affect the public negatively.
31. While implementing actions in accordance with paragraph 30, the
granting and leasing of land at the disposal of government shall be
temporarily suspended.
32. When conducting ESIA:
(a) If members of the public need to be relocated for a public
purpose, which is unavoidable, then there shall be public
consultation, negotiation and participatory decision making;
(b) If the relocation is due to private purpose, then the preference
of the stakeholders shall be given priority;
(c) If it is impossible to relocate according to the desire of the
stakeholders, when the relocation is due to a private purpose,
then ways will be explored to revise the project design and
make changes;
(d) The benefits of the project shall be properly explained to those
who have to be relocated, and a program for sustainable
development that sufficiently meets the needs of the
stakeholders shall be implemented;
(e) Stakeholders to be relocated shall be systematically consulted
and allowed to participate directly in the design and
implementation of the land relocation and rehabilitation
project;
(f) Arrangement shall be made to allocate land to landless
stakeholders;
 19

(g) Suitable protection measures shall be implemented in the

proposed grant or lease and surrounding areas, in order to avoid
the loss of land use rights and negative impacts on the
socioeconomic life of existing land users;
(h) The existing environment and natural resources, which are
beneficial to relevant local stakeholders, shall be protected and
conserved;
(i) An impartial dispute resolution mechanism shall be established
and readily available for all relevant land users;
(j) Land, infrastructure and housing of an equal or higher value
shall be planned, constructed and provided prior to relocation
from the areas where the stakeholders previously lived.
33. In order to address the problem of land monopolization and
speculation, the following shall be included in the National Land
Law and land administration system:
(a) Defining the maximum size limit for grants or leases of land that
is at the disposal of government;
(b) Defining the limits based on the capacity of individual
companies;
(c) Suspending the land use rights on lands that are in dispute;
(d) Defining prohibitions relating to land monopolization and
speculation, so that the case can be taken to court;
(e) Allowing local communities and experts to participate in
dispute resolution and prevention;
(f) Conducting free, prior, informed, consent and environmental social
impact assessment.
34. In piloting contract farming and Joint - Venture systems that are
beneficial to smallholder farmers, the following shall be practiced
before starting the agriculture related business project in order to
 20

sustain investment at the village level and resolve potential land

disputes:
(a) Reviewing and approving the work records of companies that
apply for a permit;
(b) Implementing an ESIA before the commencement of the
project;
(c) Studying and analyzing the completed and ongoing pilot
projects of the company, in order to understand whether the
contract farming or Joint–Venture system to be implemented
together with the company is appropriate or not for a local
situation;
(d) When the company acknowledges and agrees to the regulations
of a mutually beneficial contract farming or Joint-Venture
agreement, entering into a temporary agreement, and if the
company strictly follows the regulations, then entering into a
longer-term mutually beneficial agreement;
(e) Consulting and agreeing on the mutually beneficial
arrangements including land use, crop sharing and price;
(f) Accurately defining the benefits to be given by the company to
the farmers in the mutually beneficial contract farming or Joint
–Venture agreement.
35. Regulations related to granting and leasing of land at the disposal of
government shall be defined.
36. One or more pilot projects shall be researched and tested in order to
enable implementation of environmental and social safeguards.
 21

Part ( V )
Procedures related to Land Acquisition, Relocation,
Compensation, Rehabilitation and Restitution

37. When land acquisition is done for social and economic development,
sustainable land use for the future generations shall be taken into
consideration.
38. When managing the relocation, compensation, rehabilitation and
restitution related activities that result from land acquisition and
allocation, unfair land confiscation or displacement due to the civil
war, clear international best practices and human rights standards
shall be applied, and participation by township, ward or village tract
level stakeholders, civil society, representatives of ethnic
nationalities and experts shall be ensured.
39. Relevant laws, rules and procedures shall be amended, repealed and
newly enacted, if necessary to conform to the objectives, basic
principles, practices and instructions in this policy.
40. When amending or newly enacting relevant laws, rules and
procedures, they shall be inconformity with National Land Law and
based on the following:
(a) Public participation management process and fair, equitable
and systematic procedures shall be defined;
(b) Shall define measures to prevent and control corruption, and
misuse of power, by assigning qualified persons capable of
carrying out matters relating to land use in a fair and correct
manner in accordance with law;
(c) Shall describe effective, consistent and fair valuation system
when providing compensation and relocation for people
affected by land acquisitions;
 22

(d) Shall conduct necessary rehabilitation in order to ensure

maintenance of livelihoods for people affected by land
acquisitions, even though compensation and relocation has
already been carried under sub-paragraph (c);
(e) Shall define the time period for conducting matters defined in
sub-paragraph (c) and (d);
(f) If the affected person wants to invest in the project, it shall be
allowed.
 23

Part ( VI )
Land Dispute Resolution and Appeal
Chapter ( I )
Land Disputes Resolution
41. In order to hear and decide land disputes through the use of
impartial land dispute resolution mechanisms across the whole
country, the following shall be defined:
(a) Allowing representatives from local farmer organizations to
participate at every level in order to protect and develop
farmers’ benefits;
(b) Allowing local farmers organizations to resolve land disputes
arising between their members, using local customary dispute
resolution mechanisms, if they choose to do so;
(c) Allowing the rights to make a complaint, defend oneself or
with representation, and appeal for land disputes;
(d) Allowing civil society to provide legal aid and acquire
necessary information for use in land disputes;
(e) Resolving land disputes in public, and use appropriate local
language and translation as necessary;
(f) Resolving land disputes transparently, fairly and free from
corruption.
42. The following shall be carried out when resolving land disputes:
(a) Arranging the establishment of special courts that will hear
special cases related to land law with specially trained judges
and law officers if necessary;
(b) Establishing independent monitoring bodies with participation of
all stakeholders and appointing monitors that have no direct
interest, to observe settlement of land disputes;
 24

(c) Determining the processes to settle land disputes between

businessmen and farmers, or between farmers, through
independent arbitration;
(d) Establishing an independent tripartite arbitration process to
settle land disputes, comprised of Government departments,
organizations, farmers and private sector;
(e) Establishing accurate and clear procedural processes in relevant
departments and organizations to improve easy access to, and
use of, independent arbitration tribunals, courts and other
dispute resolution mechanisms by farmers and other land users
in accordance with existing laws.
43. One or more pilot projects shall be researched and tested in order to
establish, organize, implement and monitor accurate practices,
described in paragraph 42, for resolving land disputes impartially.

Chapter ( II)
Appeal

44. In order for individuals and organizations to appeal decisions in

disputes related to land and land administration, conduct necessary
research.
45. Appeal of matters relating to land shall be carried out transparently
in public.
46. In conducting appeals related to land, assistance from individuals
and civil society with ability to support systematically shall be
allowed.
 25

Part ( VII )
Assessment and Collection of Land Tax, Land Transfer Fee
and Stamp Duties

47. In order to sustain land use planning, land tenure security, land
market development, and protection of environmental resources, fair
and equitable assessment and collection of land tax and transparent
collection of land transfer fee that are the fundamental budgetary
processes, shall be implemented.
48. Land taxation system shall be implemented as follow:
(a) Defining the rate of land revenue and other taxes;
(b) Assessment of land revenue and other taxes;
(c) Collection of land revenue and other taxes.
49. The assessment and collection of revenue relating to land shall be
carried out by the following Government departments and agencies:
(a) Relevant Union Ministries;
(b) Nay Pyi Taw Development Committee;
(c) Yangon City Development Committee;
(d) Mandalay City Development Committee;
(e) Region or State Governments.
50. In line with objective and basic principles of this policy, in order to
ensure the sustainable development of the country, all business and
other uses of land shall exclusively pay appropriate and fair tax in
accordance with the law.
51. Land taxes shall be equitable, fair and appropriate, and the
procedures for collection and payment of these shall be clear,
effective and transparent.
52. In order to prevent land monopolization and land speculation, a
policy of increasing the rate of tax based on the amount of land
 26

holding, use of idle land tax, and other taxation mechanisms, will
be adopted.
53. Rotating and shifting cultivation shall be considered as subsistence
agriculture, and the rate of land tax shall not be more than the
maximum rate collected for ordinary smallholder farmer or
smallholder household.
54. The factors to be considered in assessing the tax rate for land shall
include land use, current market price and production value, usable
land area, value of improvements to the land, exclusion of protected
area, and the related costs, infrastructure and services provided by
local public improvements.
55. To ensure fair and equitable land tax rates that contribute to
economic development of the country and its' citizens,
socioeconomic census studies shall be conducted on both net
production value of agricultural land that are based on cost of
agricultural production, crop yields, market access, crop prices, and
net profit of other land uses.
56. When defining tax rate, two categories shall be considered, one
being a rate based on subsistence livelihoods, and the other rate
based on commercial agricultural production and other land use for
commercial purposes.
57. In order to amend existing land tax rates and land administration
systems, research shall be conducted based on the following:
(a) Defining the best methods for collection of land taxes with fair
and equitable rates;
(b) Allowing suitable exemptions or credits in order to secure the
livelihoods of subsistence farmers;
(c) Advertising the standard land valuation and tax rates published
by the regional and state governments, or Union Territory
 27

(Nay Pyi Taw Council), in all relevant departments and

agencies;
(d) Assessing and collecting land taxes from all users in an
administratively transparent process;
(e) Establishing an easily accessible and impartial mechanism
allowing all land users to submit complaints if decisions related
to land tax rates are not fair and equitable;
(f) Decentralization of tax collection and utilization mechanisms.
58. Open and transparent methods of conducting land transactions for
purchase, sale, secured credit and other transfers of land use rights
at fair and reasonable cost shall be fundamental requirements for the
smooth operation and orderly development of land markets that
support economic development.
59. Land transfer fees and stamp duties shall be fair, equitable and
appropriate, and the procedures related to the collection and
payment of revenue shall be clear, effective and transparent.
60. To facilitate land market development, research shall be conducted
on establishing a single window public services mechanism for
providing affordable public access to authentic land information
and for processing future land transactions.
61. To assure timely and accurate processing of increasing volumes of
land transactions, collect land information and transaction fees from
all participants and deliver to the government fund. The fund will
be used exclusively to finance human resources development and
modernization of land records keeping infrastructure,
administration and public services.
 28

62. In order to review and revise stamp duties, and the collection of
stamp duties, the following shall be done:
(a) Stamp duties must be paid in full before registration or legal
recognition of any land transaction, and no avoidance of
payment will be allowed;
(b) Stamp duties shall be fair, equitable and reasonable;
(c) Revenue stamps shall be sold and registered in advance, and
standard land value set by respective local governments with a
transparent process and based on actual land market value and
prescribed rates that are based on land value shall be posted in
all relevant government departments and agencies that collect
land revenue;
(d) Consult and negotiate with relevant ministries to amend rules
and procedures, in order to exempt transfers of land use rights
for purposes of adding an existing land user’s spouse to
registration records, for inheritance, or for a gift to any family
member of the existing registered land user from stamp duty;
(e) Consult and negotiate with relevant ministries to amend rules
and procedures, in order to exempt transfers of land from the
state to land users, their spouses and family members, or
organizations, that have not previously registered their
legitimate land use rights, from stamp duties;
(f) Fees and stamp duties for leases or grants, of land at the
disposal of government, for commercial purposes will be based
on the actual value of the land, improvements, crops, and other
natural resources located on or beneath the land.
63. Pilot projects that include one or more methodologies shall be
researched and tested in order to revise, assess and collect stamp
duties based on the above guidelines in paragraph 62.
 29

Part (VIII)
Land Use Rights of the Ethnic Nationalities
64. Customary land use tenure systems shall be recognized in the
National Land Law in order to ensure awareness, compliance and
application of traditional land use practices of ethnic nationalities,
formal recognition of customary land use rights, protection of these
rights and application of readily available impartial dispute
resolution mechanisms.
65. Duties shall be assigned for the preparation and revision of land use
maps and records through public consultation processes by the
ward or village tract land use committees under the supervision of
the township land use committee, in order to:
(a) Have accurate understanding of information related to land
possession, land use, land availability and allocation in the area
where ethnic nationalities live or traditionally use land
resources for their livelihoods;
(b) Conduct land use planning that considers social, environmental
and economic issues;
(c) Make correct decisions in accordance with law related to land
use, settlement of disputes and encroachment.
66. When preparing and revising customary land use maps and records
of ethnic nationalities, the responsible government departments and
organizations shall do the following:
(a) Consult with, and allow participation of, representatives and
leaders of ethnic groups with knowledge of customary land use
practices;
(b) Formally recognize and protect the customary land tenure
rights and related local customary land management practices
 30

of ethnic groups, whether or not existing land use is registered,

recorded or mapped;
(c) Recognize the rights of stakeholders who are members of
ethnic nationality organizations, and recognize in existing laws
in order to register their land use.
67. Ethnic leaders, elders and women shall be involved in decision
making processes related to land tenure rights of individual
stakeholders or groups practicing traditional cultivation methods on
customary lands, monitoring, and dispute resolution mechanisms.
68. The customary lands of ethnic groups used traditionally that fall
under current forest land or farmland or vacant, fallow and virgin
land classifications shall be transparently reviewed, registered, and
protected as "customary land", in accordance with the Constitution
of the Republic of the Union of Myanmar, and land allocation to
any land user, other than for public purposes, shall be temporarily
suspended until these lands are reviewed, recognized and registered
as customary lands.
69. Provision in the new National Land Law relating to reclassification
of customary land and land tenure right of ethnic groups shall be
the protection against grants or leasing of land at the disposal of
government allowed under any existing law.
70. Reclassification, formal recognition and registration of customary land
use rights relating to rotating and shifting cultivation that exists in
farmland, forestland, vacant land, fallow land, or virgin land shall
be recognized in the new National Land Law.
71. Technical, financial and infrastructure support shall be made
available to improve the land tenure security and agricultural
practices of ethnic nationalities, in order to protect the environment,
increase climate change resilience, and improve their food security.
 31

72. Civil society and other organizations shall be encouraged to provide

support indicated in paragraph 71.
73. In order to resolve disputes related to land use of ethnic groups,
ethnic customary land dispute resolution procedures currently used
shall be defined in the new National Land Law, and the respected
influential representatives from the ethnic groups shall participate
in dispute resolution decision making processes.
74. For ethnic nationals who lost their land resources where they lived
or worked due to civil war, land confiscation, natural disasters or
other causes, that desire to resettle to their original lands, adequate
land use rights and housing rights shall be systematically provided
in accordance with international best practices and human rights
standards.
 32

Part ( IX )
Equal Rights of Men and Women

75. In accordance with the Convention on the Elimination of all Forms

of Discrimination Against Women, and the Constitution of the
Republic of the Union of Myanmar, the new National Land Law
shall provide that men and women have the following land tenure
and management rights equally:
(a) The right to hold individual or joint landholder rights and the right
to own property;
(b) The right to land allocation and land management in accordance
with law;
(c) The right to inherit land tenure and management rights;
(d) The right to land tenure and management rights when a spouse dies,
when property is divided and when couples divorce;
(e) The right to participate and represent the community when making
decisions in land disputes relating to land use, land transfer and
land succession rights, including customary practices and systems
of ethnic nationalities;
(f) The right to participate and represent the community in relation to
land acquisition, compensation, relocation, rehabilitation and
restitution;
(g) The right to participate in land information collection, land
monitoring, land evaluation and land assessment;
(h) The right of ethnic nationality organization members to formally
recognize, register and protect their customary land use rights,
regardless of marital status.
76. Elders, civil society and other organizations shall be encouraged to
support the realization of the rights mentioned above in paragraph
75.
 33

Part ( X )
Harmonization of Laws and Enacting New Law

77. (a) A new National Land Law shall be drafted and enacted, using
this National Land Use Policy as a guide for the harmonization
of all existing laws relating to land in the country.
(b) When drafting the National Land Law, the public participation
and consultation process contained in this Land Use Policy shall
be used.
(c) When drafting the National Land Law, the consultation process
and key procedural steps shall be implemented as follows:
(i) In order to inform the public, government departments,
civil society, farmers and other stakeholders, down to the
grassroots level across the country, about the purpose and
process of drafting and implementing the National Land
Law, public consultation events and other appropriate
methods shall be used;
(ii) When drafting National Land Law, take into consideration
experiences of countries in the region and around the world,
the unique characteristics of the country, issues being faced,
and the interest of those using land and natural resources in
the country, then inform the stakeholders and public,
including media, through consultation events and other
means, so that they may provide feedback;
(iii) Allow participation of all stakeholders when conducting the
national level workshops on the draft National Land Law;
(iv) Finalize the draft National Land Law and submit to the
Pyi Htuang Su Hluttaw (Upper House).
 34

Part ( XI )
Monitoring and Evaluation

78. (a) The National Land Use Council shall periodically conduct
monitoring and evaluation on implementation of, and
compliance with, the National Land Use Policy and related laws
across the whole country.
(b) The National Land Use Council shall issue and ensure
government compliance with reporting procedures relating to
land use management, land allocation and quality control of
land use planning processes, implementation of and compliance
with the National Land Use Policy and other matters.
(c) The monitoring and evaluation report shall be prepared based
on accurate and firm evidence from the government
administrative organizations, expert organizations, farmers, civil
society and other stakeholders.
(d) When carrying out monitoring and evaluation:
(i) Assess and analyze whether implementation is in
compliance with procedures relating to land acquisition,
compensation, relocation, rehabilitation and restitution;
(ii) Assess and analyze whether there has been systematic
adjudication of land use rights and registration claims;
(iii) Assess and analyze the location and underlying cause of
claims for land use rights;
(iv) Assess and analyze whether the customary land use rights
of ethnic nationality groups have been formally
recognized and protected;
 35

(v) Assess and analyze whether land allocation maps and

records have been timely reviewed and accurately
updated;
(vi) Assess and analyze whether there has been implementation of
a bottom-up decentralized participatory land use planning
process;
(vii) Assess and analyze whether the status of communication and
cooperation between relevant ministries;
(viii) Assess and analyze whether environmental and social
safeguards are being applied for impact assessment
purposes, and to protect against illegal land confiscation;
(ix) Assess and analyze whether grants and leases of lands at
the disposal of the government are in compliance with
legal regulations and procedures;
(x) Assess and analyze whether the establishment of rates for
land taxation, land transfer fees and stamp duties are fair
and equitable, and whether there is good governance in
the administration;
(xi) Assess and analyze whether a multi-stakeholders
participatory process has been used, as indicated in the
National Land Use Policy, for development and
implementation of relevant laws, regulations, procedures and
other requirements;
(xii) Assess and analyze whether the National Land Use Policy
is periodically updated and revised to meet the needs of
the public;
(xiii) Assess and analyze whether existing laws relating to land
are harmonized based on the National Land Law and this
National Land Use Policy;
 36

(xiv) Assess and analyze whether the performance of the land

use committees at various levels is effective;
(xv) Assess and analyze whether women's land rights are
properly recognized and women may participate in land
use decision making processes.
( e) The findings from monitoring and evaluation, assessments, and
recommendations shall be annually reported to parliament,
Union Government and relevant departments, and the public.
 37

Part ( XII )
Research and Development

79. In order to improve the public understanding of land use rights,

strengthen implementation of the National Land Use Policy, and
increase protection of citizens’ land tenure rights, there shall be
effective cooperation between international experts and local
communities, implementation of pilot activities as indicated in the
National Land Use Policy, and enactment of the National Land
Law.
80. The following priorities shall be carried out when implementing
research initiatives, capacity building activities, educational
programs and pilot projects:
(a) Analyze and assess current land use records, and impacts of
different types of land use;
(b) Pilot procedures for participatory land use planning and zoning
in order to determine the best methodologies;
(c) Determine the best methods for protection of land tenure rights
of vulnerable groups, including smallholder farmers, ethnic
nationalities and women;
(d) Determine the best methods for updating and approving land
use records and maps in a timely manner;
(e) Determine the best dispute resolution mechanisms for resolving
different types of historic and recent land disputes, and develop
methods and procedures for effective implementation;
(f) Determining the best methods for monitoring land valuations
based on accurate land transfer information and market trends;
 38

(g) Determine the best land use management methodologies in

order to promote sustainable land use for different types of land
in various locations;
(h) Determine the best methods for the construction of housing
estates, and related infrastructure, for resettlement of existing
residents and land users in urban areas, including their
livelihood development, with the involvement of financial
support from the private sector;
(i) Determine the best procedures for accurately updating,
revising, correcting and approving existing land use records
and maps for forest land, agricultural land, customary tenure
land, vacant land, fallow land, virgin land, urban land, rural
land and other lands;
(j) Determine appropriate procedures for the formal recognition and
protection of customary tenure rights that have not been
recorded, and best methods for appropriately utilizing
customary law;
(k) Determine appropriate land use practices based on soil types,
land availability, and other physical and social information;
(l) Pilot application of appropriate information technology as
necessary to facilitate public participation in the development
of land use maps, analyzing and approving of existing
legitimate land use rights, and providing easy access to
accurate and updated land information for local communities;
(m)Research and pilot alternative land use practices other than
those indicated in the National Land Use Policy;
(n) Conduct research on best procedures for restitution of rights to
land and housing of individuals, households and communities
that had to abandon the area where they previously resided due
 39

to illegal land confiscation, civil war, natural disasters or other

causes;
(o) Conduct research on land use change in order to understand
impacts on citizen’s land tenure rights and livelihoods,
national food security, national economic development, social
wellbeing and environment benefits in the country;
(p) Conduct research on collection and use of land tax;
(q) Conduct research on best ways to address landlessness.
81. When developing project proposals for research, capacity building,
education and pilots, participation of local civil society and experts
shall be allowed.
82. Encourage and support individuals and organizations to conduct
independent research initiatives, capacity building activities,
educational programs and pilot projects.
83. Research findings and results shall be incorporated when
reviewing, revising and approving new or existing National Land
Use Policy, National Land Law, and other related polices, laws,
regulations and procedures.
 40

Part ( XIII )
Miscellaneous
84. Based on evidence and results of research on land use management
and administration, and recommendations of stakeholders recorded
during transparent and inclusive public consultation processes, this
National Land Use Policy will be reviewed, updated and revised at
least every five years as necessary.