General Administration Department, Land Administration

Duties of Land Administration Division

1. The main duties and responsibilities of Land Division are as follow:

(a) Matters relating to land acquisition and land transfer for government departments.
(b) Matters relating to the issuance of tax-free land lease grants for religious affairs and non-profit social activities.
(c) Matters relating to the issuance of Baddha Thein (Ordination Hall) grants
(d) Matters relating to the issuance of short-term/long-term land lease grants.
(e) Matters relating to the designation and cancellation of pond land.
(f) Matters relating to the designation and cancellation of cemetery land.
(g) Matters relating to the designation and cancellation of grazing land.
(h) Matters relating to the designation and cancellation of village communal land.
(i) Matters relating to the resolution of land disputes.
(j) Matters relating to immovable property owned by foreigners.
(k) Authorized duties for supervising real estate agents/gold business entrepreneurs.

Types of Land Managed by the Land Division on Behalf of the State in Accordance with Existing Land Management Laws

2. The Land Division of the General Administration Department (GAD), acting on behalf of the State, manages town/village land, religious land, Baddha Thein land, riverbank/sandbank land, pond land, cemetery land, village communal/grazing land, and other government-administered land in accordance with existing land administration laws.

Persons Delegated with Land Administration Authority

3. Land administration authority is delegated to the following persons:

(a) The authority of the Financial Commissioner is delegated to the Director General of the General Administration Department.
(b) The authority of the Commissioner is delegated to the Deputy Director General of the Region/State General Administration Department.
(c) The authority of the Collector/Deputy Commissioner is delegated to the District Administrator of the District General Administration Department. In Self-Administered Zones (Naga, Danu, Pa-O, Palaung, and Kokang), the authority of the Collector is delegated to the Head (Director) of the respective Zone's General Administration Department.
(d) The authority of the Assistant Collector is delegated to the Township Administrator of the Township General Administration Department.

Laws Referenced by the General Administration Department in Conducting Land Management Operations

4. The General Administration Department carries out land management operations in accordance with the following laws, rules, regulations, and directives:

(a) The Land and Revenue Act, Rules, and Directives (1876).
(b) The Upper Myanmar Land and Revenue Regulation, Rules, and Directives (1889).
(c) The Land Acquisition Act and Rules (1894).
(d) The Lower Myanmar Town and Village Lands Act, Rules, and Directives (1898).
(e) The Government Land Grants Act (1895).
(f) The Restriction on the Transfer of Immovable Property Law and Procedures (1987).

Issuance of Land Licenses, Leases, and Grants by the General Administration Department

5. Regarding the rights of citizens to possess and utilize the types of land under its management, the General Administration Department processes the following in accordance with the existing Upper Myanmar Land and Revenue Regulation, Land and Revenue Act, Lower Myanmar Town and Village Lands Act, and their respective rules and directives:

(a) Issuance of Land Licenses.
(b) Issuance of Land Lease Grants (Short-term lease grant - 10 years, Long-term lease grant - 30 years).

6. In managing town land for citizens' residency, building construction, and commercial/industrial operations, the following services are provided:

(a) Issuance of Land Licenses with a term of (1) to (3) years.
(b) Issuance of Short-term Land Lease Grants with a term of (10) years for land without permanent structures.
(c) Issuance of Long-term Land Lease Grants with a term of (30) years if permanent structures exist or are to be constructed.
(d) Issuance of Industrial/Commercial Land Lease Grants with a term of (30) years for commercial and industrial businesses.

7. The annual Land Revenue (rent) for residential purposes is set and collected at 6% of the designated zonal land value, or 75% of a comparable land rent. For the issuance of industrial/commercial land lease grants for business and industrial use, the rate is set between 6% and 12% of the designated zonal land value.

Operations Related to the Transfer of Immovable Property

8. The Restriction on the Transfer of Immovable Property Law ensures that immovable property in Myanmar formerly owned by foreigners is kept out of the hands of foreign citizens, foreigners residing abroad, or those who have legally adopted foreign citizenship. The goal is to ensure only Myanmar citizens possess land rights. However, if there are surviving descendants of the former foreign owners, inheritance rights are considered. Actions are taken either to permit inheritance under Section 6(a) of the Law or to confiscate the property as state property under Section 6(b).

9. According to the amended procedures of the Restriction on the Transfer of Immovable Property Law, the Director of the General Administration Department (Land Department) takes on the responsibility of serving as the Secretary for the Scrutiny Committee pertaining to this Law.