Decree on Land

Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity Erlme Minister DECREE ON LAND Chapter One: Land and Property over Land No. 99/PM Article 1 : 771e land is theproperty of the national community, represented by the State of Lao PDR. which managesthe land on a centralizec and unanimous basisat thenationallevel. Article ~ : State property is reflected as follows: The Stateorganizes the distribution of land to the Lao citizensfor legally supported longterm possession and use and considers the approval of lease or concession forforeign residents and expatriates. The Statecertifies the Lao citizen's right ofpossession and use of land and issuesdocuments approving the assignment, transfer, lease, deposit as security, and share, transaction oftherigllt ofpossession and use of developedland and the alteration of targets in land use as providedin the regulations. The State levies taxes for landpossession and usefrom allparcels of land underpossession and use asprescribed in the regulations applied unanimously at thenationallevel. The Statemay withdraw the right ofpossession and use ofland when the Staterequires its useforpublicpurposes and ifsuch possession or use ofland is not conform with theregulations. V1C-1 Chapter Two: Right of Possession and Use of Land ArtIcle 3 : All Lao citizens have the right to possess and use land underthefollowing forms: Legal inheritance, assignment, transfer, lease, transaction ofright of possession and use ofland. Legal clearing of land withprivate funds orphysical workin accordance withthe regulations. Assignment of the state's right ofpossession and use ofland in accordance with the regulations. Allotmentofnewlycleared cooperative land, specifically beforeits dissolution, as decidedbythegeneral meetingofcooperative's members to allotsuch land to itsmembersforproduction, including contracting to families or transfer to the original owner. TIleassignment ofright ofland possession and usepursuant to the forest land assignment policyprogram outlinedby the Ministry ofAgriculture and Forestry. Obtention of lease orconcession rights. Article 4: Foreign residents living and working in Lao PDR. foreign organizations and expatriate individuals legally investing or leadingother lawfulactivities havetlterigllt topossess and use land in the form of lease or concession according to specific regulations. In the caseofdiplomatic missions or lntemationalorganizations desiring to leasenew land, the terms of land leasewillbe basedon the agreement between the Government ofLao PDR and therelevant Government or international organizations. Land presently underthe hold and useofdiplomaticmissions and international organizations basedon leaseorsale contracts which wereentered during theformerregime, requires to be reconfirmed by the Government ofLao PDR to be considered as lawfuL VlC-2. Article 5: The State does not acknowledge and still considers as unlawful acts tile following cases: Retention and interference in land lying within the boundaries of allYstate project, reservesfor the preservation of water source forests, wild life, mine areas, areas ofhistorical sites, natural tourism areas. Retention afforest, broadleave forests. Sale ofrightofpossession and use of land to foreign residents or foreigners. Assignment; transfer, transaction of right ofpossession and use of land after fleeing the country. Use ofrights and positions for possession and use of land. Use ofrights and status ofLao citizenship to unlawfully purchase 0 seize land for foreign residents or foreigners. Acquisition of vacant land for exchange, transaction without authorization from the agency in charge ofmanaging such type ofland. Article 6 : Individuals lawfully possessing and using land have the following rights: Receive land title. Build dwellings or other buildings. Undertake agro-forestry, industrialproduction and services. Receive compensation for damage caused byother individuals to their right ofuse. Receive compensation for brought improvements after the expiration of land use (based on contracts). Receive compensation in case the Stale withdraws the right ofland use for the interest ofthe State or society. Leg; assign, transfer, lease, evaluateas stock, share or transactthe right ofpossession and use ofland to otherindividuals. Article 7 : Individualspossessingand using land has the.following obligations: Fullycomply to various regulations on land. Pay land, lease or concession taxesin due rime. Make use of land according Co state socio-economic development plans. Make appropriate use of land as providedfor in the lease or concession contract. Avoid causingdamage to soil quality, destruction to environment, or alterthe targets of land use without the approval from the relevant state. agency. Avoid breaching the rights and benefitsofneighboring land users. Article 8 : Individuals' or organizations' right ofpossession and use ofland will expire in the following cases: Voluntarywaiveofrightofpossession and use of land. Timely termination ofright ofpossession and use ofland. Unconform use ofland to targets (providedfor in regulations or contracts) and the land user beingwarned3 times by the relevantofficers. Continuous failure topay state land lease or concession taxes within the period providedfor in regulations or contracts. Individualshavingforfeited theirright ofpossession and use ofland bycourt decision. Individuals havingforfeited theirrights ofpossession and use of land for a period of10yearsfor havingfled abroad, fled theirplace of origin duringthe war, exceptfor certain cases whichwill be decided by the Government. However, in the case of individuals having fled to participate to the struggle for national liberation; the State willappropriately reconsider their cases if applicationsare lodged beforeJanuary 1996. Land used out ofnecessityby the State for public interest. Article 9: The State will only consider the cases of land pertaining 10 individuals having fled abroad as follows: The State willmanage only the land constitutingconjugalproperty ofspouses who havefled abroad. The State will only recognize as belongingto individuals present in Lao PDR the land under the propertyofseveralindividuals. Chapter Three: Management and use of each Type of Land Article 10: The Government centrally and unanimously manages the use ofall typesof land at the national level, whereby the State shares the responsibility with the relevantministries as follows: The MinistryofFinance has the duty to summarize the situation of all type of land use, study and issue regulations on the management, issuance of land title and collectionofland use taxes. The MinistryofAgricultureand Forestry is entrustedthe management of land use within agro-forestry areas, watersources, water retainment; natural streams, and study and issue regulations governing the request ofright for the use and management ofsuch typesofland. The MinistryofIndustry is entrustedthe management ofland use within mine areas, land areasdefined as industrial zones, and alongpotential areas as energy sources. And issue regulationson the management ofsuch type ofland. The MinistryofPropagandaand Cultureand Pressis entrusted the managementof land use within archeological areas, historical sites, archeological areas for religious pilgrimage, and managesand issues regulations on the use ofsuch type of land. The Ministry of Communication, Transport, Post and Construction issues regulations on the managementof land used alongthe alignment of communication, transport, post, construction and urbanism. Chapter Four: Measures against Offenders lir11..ckil: Violation ofregulations provided for in this Decree will be liable to responsibility asprescribed by law. Ar1l.c.1.e....12.: Disputes overland will be considered and solved by administrative agencies, land managementagencies ofeach level, ministries beingassigned theright to managevarious types of land or thepeople'scourtof each level, according to each case. Chapter Five: Organization and Implementation Article 13: The Ministry of Finance is entrusted to issueregulations for registration, assignment, transfer, inheritance, lease, evaluation as stock. share, transaction of the right ofpossession and use of land;Land relatedto investment; land of diplomatic missionsand international organizations will be decidedbythe Government; Article 14 : At-the initialstage, the Government willappointa committeeof several relevant ministries, called"Land re-management committee", to which the Land and Property registration agency willbe the pennanentassistance agency. Article 15: Such committeewilldefine itsrole, dutiesand methodology, workprogramme topresentfor the Government's approval. Article 16: Ministries and Equalranking agencies at the central and local levels havethe dutyto participate to the organization and implementation according (0 (heir respective roles. Formerlyissued decrees, provisions and instructions inconsistent to this Decree areall superseded. Article 17: This Decree is effective from the day it is signed. Vientiane, December19, 1992 Prime Minister Khamtay Siphandone V1G-7