Lao People’s Democratic RepublicPeace Independence Democracy Unity Prosperity

Prime Minister’s OfficeNational Land Management Authority

No. 564/NLMA

Dated: 6 August 2007

MINISTERIAL DIRECTION

ON ADJUDICATION OF LAND OCCUPATION RIGHT FOR ISSUE OF LAND TITLE

With reference to the Land Law No. 04/NA dated 21/10/03;

With reference to the Property Law No.01/90/NA dated 27/06/90;

With reference to land related laws;

With reference to the Presidential Decree on Fees Collection;

With reference to Prime Minister Decree on Technical Fees and Charges

With reference to the Resolution of the National Land Conference No. 06/PM, dated 30 May 2007;

With reference to Prime Minister’s Decree, No.67/PM, dated 18/05/2004 on the Organisation and Activity of the National Land Management Authority;

The Minister to the Prime Minister’s Office ,Head of the National Land Management Authority issues the following direction:

PART I

General Principles1.1 Adjudication

Adjudication is a consideration of the details concerning land parcels including the location, size, type, rights and obligations of the land occupier, provided in the land law and other relevant laws based on evidence and laws and actual occupation and use. There are two types of adjudication: systematic and sporadic. This Ministerial Direction deals with both types of adjudication.

1.1.1 Systematic Adjudication

Systematic adjudication is the determination of the land parcel boundaries of each land parcel, each type of classification and zones and the occupiers of the land which starts at a specific area and, thereafter, expands to the rest of the village that meets the selection criteria.

1.1.2 Sporadic Adjudication

- 1 -

Sporadic adjudication is the determination of the boundaries of a land parcel, each type of classification and zones and the owner who occupies and uses the land which considers separate land parcels on a case by case basis. It commences when the owner who occupies and uses the land makes an application. Sporadic adjudication is an open and public process and it includes giving notice to as many people as possible to ensure the information is correct and there is consensus between the Adjudication Team and village authorities and neighbours.

Sporadic adjudication may also occur on the registration of any transaction with untitled land if the Department of Lands so designates, but the parcel shall be re-surveyed in accordance with the sporadic titling procedures.

1.1.3 Adjudication Method

A number of persons having technical skills will be included in working units called Adjudication Teams. These working units will undertake surveys and adjudication in villages in areas of systematic adjudication, and on a case by case basis in areas of sporadic adjudication.

The Adjudication Team will undertake the collection of evidence from the province and District Land Office and from the owner who occupies and uses the land, neighbours, village officials and others in order to determine the ownership of land occupation and use right and the location and boundary of the concerned land parcel which is related to the rights in land. Adjudication work will be openly carried out by using data concerning land acquisition based on cooperation with the villagers. The data has to be certified by the village chief or the nominee of the chief of village.

For systematic adjudication, the Adjudication Team will conclude and approve the adjudication of ownership of land occupation and use right of each land parcel in the village, including State and collective land. The Adjudication Team will prepare maps for each type of classification and zones which shows boundaries of each land parcel in the selected villages.

For sporadic adjudication, the Adjudication Team will prepare maps for each type of classification and zones showing the location and boundary of each land parcel on a case by case basis up to the covering of all land parcels on the cadastral map sheet.

After the completion of adjudication work, the appraisal report of the Adjudication Team will be referred to the Head of the Land Office of the capital city or province for registration and issuing of the Land Title.

1.2 Terms

1.2.1 “Person” means the person having land use/occupation right who is 18 or more years of age excepts those who are lawfully married but the age shall not be lower than 15 years as defined in Article 9 of the Family Law, or having employment according to the Labour Law, having legal capacity, not mentally ill, ;

1.2.2 “Juridical entity” means a business entity represented by person(s) in running its activities according to corporate rules. The entity has its rights and obligations, has its own property and independency in the property. The entity has the right to sue and be sued. An entity is created from the date of business registration.

2

1.2.3 “land use right” means the right of a person or an organisation who acquires land use right through assignment, exchange, purchase and inheritance, having land title as evidence of permanent land use right. Land use right consists of: land protection right, land utilization right, land usufruct right, right of making the transfer of land use right and land inheritance right. Any person or organization having the above-mentioned land use rights is entitled to lease the land, use the land as loan guaranty, capital or share in joint ventures.

1.2.4 The term “land utilization right” means the right assigned to organization to use the land according to government land allocation plan. Recipient of land utilization right can only occupy, use land, benefit from and inherit the land according to articles 55 and 59 of the Land Law.

1.2.5 “Land Title” is the highest level legal document which certifies the land use right. Only the rightful person whose name is recorded on the land title shall be considered as the owner of land title who shall have the right to use as collateral, capital share, gift; for selling, exchanging, lease, giving as inheritance. To exercise the above-mentioned rights, the land title holder can appoint another person to act as representative. However, the assignment of right shall be made in written form and shall be dully attested by a notary or village chief.

1.2.6 The term “land survey certificate” is a document certifying land utilization right assigned by the state to person, government organization, political organization, mass organization and economic organization for use in accordance with land use purpose as defined by the law. Organization having received land survey certificate cannot transfer, lease, give for concession, use as share or mortgage the land. Individual person having land survey certificate only has the right to occupy, use, take benefits from and inherit the land. In case a survey certificate has already been use for lease, mortgage in the bank or financial institutions, the owner can apply to get land title to replace according to laws.

1.2.7 The term “Temporary Land Use Certificate” is the document certifying the right of temporarily using lands. It is issued by district administrative authority according to land and forest allocation policy. After three year period and the land has been certified as accordingly developed, the holder can apply for land title which is the lawful evidential document of land use right.

1.2.8 Land Development Attestation is an official document which is issued by the Organization managing each land use type according to the land use plan with the aim of attesting that the concerned land parcel has been already developed. This attestation is required for forming the land file for applying for land registration accordingly to Articles 18 and 43 of the land law.

1.2.9 “land background certificate” is a document certifying how the land has been acquired with the aim to indicate the history of land occupation and use.

1.2.10 The term “Land Tax Declaration” is a document that the land user or occupier prepares which shows the area of land held by that person which is used to calculate land tax. However, this document is not conclusive evidence of ownership of land use right.

1.2.11 The term “land tax receipt” is a document issued by the naiban or District Land Unit to the land user or occupier upon payment of land tax. However, this document is not conclusive evidence of ownership of land use right.

3

1.2.12 “land not adjudicated” includes land which the SAT could not adjudicate due to problems such as unresolved disputes or under court process; owner did not participate during adjudication and had no lawful representative; or having boundary disputes.

When the dispute is resolved, the owner can apply to PLMA for re-adjudication to issue land title.

PART II

Preparation and Notification2.1 Area of Systematic Adjudication Operation

Based on the proposals made by the Department of Lands, the Head of the National Land Management Authority will make a decision on the broad areas of the capital city or provinces which will be put under systematic adjudication operation. Then the Head of the Provincial Land Management Authority, in coordination with the Director of Department of Lands and the governor of the capital city or province, will determine the exact districts and villages under their responsibility which are to be put under systematic adjudication operation.

After the initial determination of the districts and villages to be put under systematic adjudication, the Department of Lands, based on recommendations by the capital city or provincial Land Offices, may expand systematic adjudication within the concerned capital city or Province to other districts and villages.

The Land Offices cannot carry out sporadic adjudication operation for issuing land title or survey certificate in an area which is subject to systematic adjudication operations, although sporadic adjudication can occur in an area that has been subject to systematic adjudication but the land concerned was not adjudicated.

2.1.1 Provision of Mapping Information and Creation of Cadastral Maps

In coordination with the National Geographic Department, the Department of Lands will plan and supply appropriate and sufficient survey control in the area where systematic adjudication is to take place.

During the adjudication work, the Systematic Adjudication Team will create the cadastral map and record detailed information concerning land boundaries on the cadastral map and other data in the land parcel index as directed by the Department of Lands.

2.1.2 General Notification in the Media

The governor of the capital city or province, based on the proposals by the Head of the Provincial Land Management Authority, will issue a general notification in the media at least 30 days before the commencement of systematic adjudication. The general notifications will be issued in the media for at least 3 consecutive days.

2.1.3 Content of the General Notification for Systematic Adjudication

The general notification will cover the following specific matters:

villages and times of adjudication operation; and

other matters considered appropriate by the governor of the capital city or province

4

2.1.4 Specific Notification

The Head of the Provincial Land Management Authority will issue a specific notification and put notice to the public at least 30 days before the commencement of systematic adjudication in a new area. The specific notification will be published in the media for at least 3 consecutive days.

2.1.5 Content of the Specific Notification for Systematic Adjudication

The notification will deal with specific matters as follows:-

details of the adjudication process and the methods used for carrying out

adjudication;

address and telephone number of the office of the Adjudication Team;

villages where adjudication is to be undertaken;

time schedules for adjudication;

functions of the owner who will receive the land use right and of the owners of

neighbouring land use right concerning participation in the marking and

certification of the boundaries of their land;

costs and method of payment to be made by the owner who will receive the land

use right; and

other matters considered appropriate by the Department of Lands or the

Provincial Land Management Authority.

2.1.6 Parties or Person to Whom the Specific Notification is to be Sent

Specific notifications will be sent to the following parties or persons:

chief of village of the adjudication area;

chief of the neighbouring villages of the village where adjudication will be carried out;

chief of the district where adjudication will be carried out;

chief of district Land Unit who is in charge of the adjudication area;

head of State and Collective Land Management Unit of the capital city or province;

Lao Women’s Union and Front for Construction at capital city or provincial and district levels in the areas concerned;

In the case of proposed road widening affecting land the subject of adjudication, the Ministry of Communication, Transport, Post and Construction

5

In the case of electricity transmission lines affecting land the subject of adjudication, Lao Electricity;

In the case of the land adjoining a water course such as a river or stream, the Ministry of Agriculture and Forestry; and

all other concerned chiefs of divisions of the capital city or province.

The specific notification will be sent to other individuals and State or private organisations considered appropriate by the Head of the Provincial Land Management Authority.

All notifications and directives for the implementation of this Ministerial Direction will be sent to the chief of village and chief of district Land Unit to be displayed at a public place at the village office, district office and other suitable places.

In addition, the Head of the Province and District Land Office is authorised to conduct public meetings in the concerned village to provide details of the matters stated in the specific notification to the villagers.

2.2 Area of Sporadic Adjudication Operation

The Head of the Land Office of the capital city or province and the district land office are to study the technical feasibilities of sporadic adjudication and to submit proposals to the Head of the Provincial Land Management Authority to select the districts and villages for sporadic adjudication.

After the selection of districts and villages for sporadic adjudication, the Land Offices of the capital city or province and the district land office will implement sporadic adjudication in the areas concerned.

The area of sporadic adjudication operation must have the necessary technical capacity before operations can commence.

Sporadic adjudication can occur in an area that has been subject to systematic adjudication but the land concerned was not adjudicated.

2.2.1 Provision of Mapping Information and Creation of Cadastral Maps

In coordination with the National Geographic Department, the Department of Lands will plan and supply appropriate and sufficient survey control in the area where adjudication is to take place.

During the adjudication work, the Land Office and the District Land Management Authority will create the cadastral map and record detailed information concerning land boundaries on the cadastral map and other data in the land parcel index as directed by the Department of Lands.

Sporadic Adjudication can be carried out in all villages, but the village must be covered by an appropriate survey control, or if no such survey control is available, suitable survey technology sufficient to distinguish the parcel is available.

Sporadic adjudication cannot be in area covered by systematic adjudication, except for land in an area covered by systematic adjudication and not adjudicated.

2.2.2 Specific Notification for Sporadic Adjudication

6

The Head of the Provincial Land Management Authority and District Land Office will issue a specific notification and put notice to the public at least 60 days before the commencement of sporadic adjudication in a new area. The specific notification will be published in the media for at least 3 consecutive days.

2.2.3 Content of the Specific Notification for Sporadic Adjudication

The notification will deal with specific matters as follows:

details of the adjudication process and the methods used for carrying out adjudication;

areas where adjudication is to be undertaken;

process and requirements for making an application for sporadic adjudication;

time for owners who will receive the land use right to make an application for sporadic adjudication;

address and telephone number of the Province and District Land Office;

time schedules for adjudication;

functions of the owner who will receive the land use right and of the owners of neighbouring land use right concerning participation in the marking and certification of the boundaries of their land;

costs and method of payment to be made by the owner of the land use right; and

other matters considered appropriate by the Department of Land or the Provincial Land Management Authority.

2.2.4 Parties or Person to Whom the Specific Notification is to be Sent

Specific notifications will be sent to the following parties or persons:

chief of village of the adjudication area;

chief of the neighbouring villages of the village where adjudication will be carried out;

chief of the district where adjudication will be carried out;

chief of district Land Unit who is in charge of the adjudication area;

head of State and Collective Land Management Unit of the capital city or province;

Lao Women’s Union and Front for Construction at capital city or provincial and district levels in the areas concerned;

In the case of proposed road widening affecting land the subject of adjudication, the Ministry of Communication, Transport, Post and Construction

In the case of electricity transmission lines affecting land the subject of adjudication, Lao Electricity;

In the case of the land adjoining a water course such as a river or stream, the Ministry of Agriculture and Forestry; and

all other concerned chiefs of divisions of the capital city or province.

7

The specific notification will be sent to other individuals and State or private organisations considered appropriate by the Head of the Provincial Land Management Authority.

All notifications and directives for the implementation of this Ministerial Direction will be sent to the chief of village and chief of district Land Unit to be displayed at a public place at the village office, district office and other suitable places.

In addition, the Head of the Province and District Land Office is authorised to conduct public meetings in the concerned village to provide details of the matters stated in the specific notification to the villagers.

PART III

Application for Sporadic Adjudication3.1 Application for Sporadic Adjudication

Any person who wants to get a Land Title to certify their land use right can make an application for sporadic adjudication if it is in a declared sporadic adjudication area. The person must make the application in conformity with this Ministerial Direction as follows:

use the official application form;

provide evidence of ownership of land occupation and use right, such as any documents, maps, tax receipts and testimony;

provide the names and addresses of every owner who occupies and uses the land and occupiers of land which adjoins the applicant’s land;

sign the form and include the names, addresses and the signatures of three witnesses;

pay the prescribed application fee.

The person will give the application to the District Land Office and Provincial Land Management Authority where the land is located.

3.2 Procedure After Receiving an Application for Sporadic Adjudication

The concerned Land Office will take the following steps after receiving an application for sporadic adjudication:

3.2.1 Give the applicant a receipt for the application and all documents and other papers that are included with the application and also copies of all documents;

3.2.2 Give the applicant a notice which states the details of the next steps, such as considering the documents, sending notice to owners who occupy and use the land and the neighbours who receive the land use right, measuring the boundaries and other steps as set out in this Ministerial Direction and the applicant’s obligations to take part and assist in these steps;

3.2.3 Give the applicant an estimate of the fees and other costs for adjudication of his or her land use right.

8

3.3 Procedure for Considering an Application for Sporadic Adjudication

The concerned Land Office or District Land Office will assess each application for sporadic adjudication to ensure that the applicant has complied with the requirements. In particular, the Head of the Provincial Land Office and Head of District Land Management Authority will make sure that the applicant has given the names and addresses of the owner who occupies and uses the land and occupiers of adjoining parcels. If the application complies with the requirements, then the Head of the Provincial Land Office and Head of District Land Management Authority will order that notices be sent to the adjoining land use right owners and occupiers.

3.4 Notice to owners who occupy and use the land and owners of land use right for adjoining parcels

The Head of the Province and District Land Office will send a notice to the owner who occupies and uses the land and occupiers of adjoining parcels. The notice will cover the following matters:

details of the process of sporadic adjudication;

time for an inspection to determine the location of the land parcel boundaries;

address and telephone number of the Province and District Land Office;

other matters considered appropriate by the Director of the Department of Lands or the Head of the Provincial Land Management Authority.

PART IV

Organisation, Role, Function and Rights of Adjudication Teams

4.1 Organisation of the Systematic Adjudication Team

4.1.1 The Adjudication Team is comprised of suitable persons appointed by the Head of the Provincial Land Management Authority based on the proposal by the Head of the Land Office of the capital city or province. This unit will also include persons specialised in boundary adjudication of land parcels and adjudication of land use right.

4.1.2 The staff of the Adjudication Team will be under the control and the direction of the chief of the Adjudication Team and they are charged to follow the guidelines and work instructions (both written and spoken) that the chief of the Adjudication Team gives them.

4.1.3 The chief of the Adjudication Team is under the administrative control and supervision of the head of the Province and District Land Office and with technical guidance from the Department of Lands.

4.1.4 The Head of the Provincial Land Management Authority will send the letter of appointment to the Project Oversight Committee, the Governor, Head of National Land Management Authority and other concerned parties for their information.

9

4.1.5 The chief of district will order the village head or another person to assist in the adjudication work of the Adjudication Team, as representative of the public land and community interest for his locality, including acting as witness and giving the certification of the land use right of the concerned person and the adjudication of the land parcel boundaries. For assisting in adjudication work, the village head or his nominee will receive an allowance.

4.2 Organisation of the Sporadic Adjudication Team

The Sporadic Adjudication Team may be comprised of staff from the Province and District Land Office for the purposes of sporadic adjudication.

The members of the team will be appointed by the Head of Provincial Land Management Authority based on the proposal of head the Province Land Office.

4.3 Roles, Functions and Rights of the Adjudication Teams

The Adjudication Teams are authorised to make:

the consideration of the status of the land (private or State);

cadastral survey of each land parcel, for which the owner who occupy and use the land and the owner of land use rights for adjoining parcels assist in making measurements; and

an adjudication on who occupies and uses the land and details of that land parcel.

The function of the personnel of the Adjudication Teams is to perform, faithfully, the adjudication work in accordance with the provisions prescribed in this Ministerial Direction. Personnel who perform their functions by concealing facts for the benefit of themselves or another party or any other person and do not tell the whole truth will receive a warning and will be subject to punishment.

4.4 Persons with Whom the Adjudication Teams Could Make Contact in Order to Acquire Evidence

The Adjudication Teams will make an evaluation of the evidence concerning the land parcel in which a person has claimed the land use right.

In respect of the evidence concerning the land parcel boundary and the land use right, the Adjudication Teams can make contact with the following persons in order to acquire evidence:

person who claims the land use right;

person who claims the land use right on the neighbouring parcel having a common boundary;

chief of village, provincial authorities, district officials;

senior members of the village, such as the members of the Front for Construction.

The Adjudication Teams are also authorised to make contact with any other persons in order to establish the facts of the case.

10

4.5 Evidence Which Could be Taken into Consideration by the Adjudication Team

While performing adjudication work, the Adjudication Teams will consider data concerning the land parcel, such as:

survey certificates, Temporary Land Use Certificates with land development certification, land tax declarations, land tax receipts;

any documents or written records, including documents acquired by the staff who carry out the adjudication;

plans and similar items;

verbal testimony (note is taken by the adjudication personnel and the witness);

written testimony;

evidence from specialists;

forms of natural and man made physical evidence and structures which concern the boundaries of the land use right; and

other forms of evidence and items of information from any source which the Department of Lands considers appropriate.

4.6 Right on Decision Taking of the Adjudication Team

4.6.1 The Adjudication Team has the right to adjudicate documents used as evidence and to certify the validity of the following:

boundary lines and land area; and

all types of historical data concerning the acquisition of land by the occupier based on legal documents.

4.6.2 The Adjudication Team can take as evidence a statement by the owner who occupies and uses the land in the following circumstances:

the owner who occupies and uses the land has given a statement which is supported by evidence; and

the statement can be certified by the owners of the neighbouring land use right and the chief of village or the nominee of the village chief. If the statement is certified as correct, then it is not necessary for the Adjudication Team to look for other additional evidence.

If the village head or the nominee of the village head does not know all the details of the case, then senior members of the village, such as the member of the Front for Construction, can give the certification in the presence of the village head and village land unit.

If the evidence is, later on, found to be invalid, the Adjudication Team will not be held responsible if they acted honestly.

11

4.7 Access

If a land parcel that is being adjudicated has no access to a road, then the Adjudication Team must give an opportunity to the owner who occupies and uses the land to create an access way.

The access way may be created by:

A grant of easement from a neighbour who adjoins a road;

A transfer of part of the land of a neighbour who adjoins a road; or

A road reservation being excised from the land of a neighbour.

The details of the procedure for the creation of access ways must be based on the actual circumstances of the land location.

4.8 Arbitration Right

If there is a dispute or an objectionable claim on land use right or on boundary marking during the period of marking boundaries and collecting evidence, the matter should be referred to the Village Mediation Committee. The Adjudication Team has the right to participate in the arbitration proceedings between concerned parties so that all the parties can reach consensus.

4.9 Documentation of the Adjudication Team and Certification by Village Head

After successfully carrying out its functions, the Adjudication Team will compile the documentation on the data of each land parcel which has been adjudicated.

The documentation will include original documents or copies of documents, written testimony, diagrams, plans and other data that the Adjudication Team has taken into consideration on land parcel boundaries, land use right and utilisation rights in conformity with the law and practice of the adjudication process.

The accuracy and completeness of this report will be certified by the chief of village or the nominee of the village chief. The chief of village or the nominee will certify the report based on accurate information. The chief of village or the nominee will gather this information in a diligent and conscientious manner. The chief of village or the nominee is charged with the duty to carry out his or her duties in a responsible manner.

4.10 Content of the Adjudication Team Documentation

The Adjudication Team will record on standard approved forms the details concerning adjudicated land as well as other details, such as:

1. date, month, year of the survey;

2. land boundary monuments such as fences, walls, and any encroachment of such monuments, area of surveyed land and adjoining land parcels;

12

3. characteristics of the land occupation and use, and details on land use in each period;

4. name and address of the person who claims to be the owner of the land use right;

5. name and address of any person who claims to be the owner of a utilisation right;

6. the nature of any utilisation right (for example: lease, mortgage, easement).

7. history of the land in sufficient detail to show whether the land is State or collective land. If it is State or collective land then the report should show the name and address of the occupiers and duration of occupancy and the managing authorities (if any), and show any documents approving the occupation.

8. name and address of the person who makes an appeal for re-consideration of boundary or of the person who has the right to use the land, but the decision on it has not yet been taken by the Adjudication Team;

9. name and address of any person who makes an objection and the details of the dispute or objection;

10. if a particular application for adjudication of a land parcel has been rejected for adjudication, the reasons for not being adjudicated must be recorded;

11. if a land parcel is affected by electricity transmission lines;

12. if a land parcel is affected by proposed road widening;

13. if a land parcel is affected by irrigation canals;

14. if a land parcel borders a water course such as a river;

15. if a land parcel is land locked, and the owner does not wish to create an access way; and

16.other data relating to land that the Department of Lands or the Land Office of the capital city or provinces may have, additionally, needed.

4.11 Conclusion of Land Use Right and Utilisation Right

The report on land use right of the Adjudication Team will make provision for the following types of ownership of land use right according to laws:

Category 1: Private land

1.1 Land Use Right by Complete Documents

Land which is not State land and the owner has complete and valid documents.

1.2 Owner who occupies and uses the land who has Incomplete Documents and Ten Years of Peaceful Occupation

13

Land which is not State land or collective land and the owner has some documents (either legally completed or incomplete) but not all the documents as in category 1.1 and, in addition, the owner has occupied and used the land for ten years or more.

The period of occupation and development for 10 years can be comprised of:

- occupation and development by one occupier for the whole 10 years; or

- occupation and development by different people for shorter periods but one occupier and developer has assigned or given as inheritance his or her interest to the next person and altogether it makes 10 years.

1.3 Owner who occupies and uses the land following resettlement

Land that has been occupied and developed for less than 10 years that has been given in compensation or exchange following resettlement.

1.4 Owner who occupies and uses the land by Customary Ways

Land which is not State land and which is in the peaceful possession of the person who has declared that he or she is the legal owner who occupies and uses the land but the land use right was acquired by means of customary ways (by buying/selling or giving as inheritance) or by legally clearing the land with his or her own labour or capital and therefore there are no complete documents or any documents at all. However in this case the person will be considered as the owner who occupies and uses the land if there is testimony by the village head or his nominee and at least three neighbours stating that the person is in fact the true owner of the land use right.

1.5 Owner of Land Use Right by Peaceful and Lawful Occupation and Development

Land which belongs to another person and the current occupier and developer has continually been in the peaceful and lawful occupation of the land for a period of twenty years or more.

The period of occupation and development for twenty years can be comprised of:

- occupation and development by one occupier for the whole twenty years; or

- occupation and development by different people for shorter periods but one occupier and developer has assigned or given as inheritance his or her interest to the next person and altogether it makes twenty years.

Land for which the land use right is held by the State cannot be acquired by means of long term occupation and development. This land will always remain State land.

Category 2: Collective Land

Collective land means:

Land belonging to cooperatives, collective organizations, village lands collectively used by groups of people or ethnic groups in a village. Collective lands include: land allocated to households for doing agriculture production

14

during seasons with no individual having definite ownership, use forest, production forest, sacred forest, lands for organizing traditional/religious rites, common pasture and other lands commonly used by the community.

Collective land is managed by the government but the collective title is issued to the cooperative, collective organization, community, group of people, ethnic group for the lands to be collectively used with no individual having definite land use right. Collective lands cannot be sold, transferred, leased or given for concession. It shall be used and developed for the benefits of the collective.

Category 3: State Land

State land includes:

land under the administrative authorities at central level, capital city, provinces, districts and villages, public land, defence land, public security land, communication land, and other land that belongs to the state;

land of Lao who fled abroad;

land that the court has ruled is state land.

But in case land in category 1 as specified in this section:

belongs to a non Lao citizen who has been the owner who occupied and used the land prior to the promulgation of the Constitution; or

Lao person but the area is greater then the area permitted in the Land Law,

then the Adjudication Team will consider the land as private land use right. However, they will note this fact in their report.

In case a land parcel is categorized as category 1 to 3 as specified in section 4.9, then this land parcel is suitable for a Land Title. In the case of category 3, the Land Title will show “State Land”.

4.12 Document of Determination made by the Adjudication Team

The Adjudication Team will issue a determination document in written form according to each zone, land classification type for each and every land parcel . The determination document will include the following provisions:

1. type of land use right as prescribed in 4.11 above. If the type of land use right cannot be concluded, then the document must state the reason why the type of land use right cannot be concluded;

2. name of the person who is assessed by the Adjudication Team as being entitled to receive the right on the land parcel as the legal owner who occupies and uses the land;

3. for State land, the name of the occupier (if any), duration of occupancy of existing occupier, current land use and the name of managing authorities (if any);

15

4. location of land boundary and land area of each land parcel;

5. name of any person who is assessed by the Adjudication Team as being entitled to a utilisation right and the nature of that right;

6. if owner who occupies and uses the land is not a Lao citizen or if there is excess land area, then details of the facts;

7. other data as may be additionally required by the Director of the Department of Lands or governor of province or capital city.

4.13 Documents of Cadastral Survey

The Adjudication Team will create a Cadastral Map covering the adjudication area and an Individual Land Parcel Survey Plan for each land parcel. The Cadastral Map will cover land parcels for which Land Titles will have been issued and will show boundaries of each land parcel and a land parcel number in sequential order. These numbers are not the numbers of the Land Titles.

During the adjudication work, the Adjudication Team will record details of the land parcel boundaries, area, and other data as directed by the Department of Lands on a separate map for each land parcel. The map for each land parcel will show the land parcel boundary, corner marks, land parcel number and boundary lengths. Then the details for each individual land parcel map will be recorded on the cadastral map. The cadastral map will show the land parcel boundary, boundary marker location and the land parcel number.

PART V

Functions of the owner who occupies and uses the land

5.1 Function of the Owner who occupies and uses the land

The owner who occupies and uses the land will cooperate with the Adjudication Team in accordance with this Ministerial Direction as set out in this Part.

5.1.1 Boundary Marking

The owner who occupies and uses the land will:

participate and assist in survey and adjudication work;

mark land boundaries in cooperation with the owners of the adjoining land use right;

put the markers on land boundary corners in agreement with the owners of the adjoining land use right.

Boundary marking is the marking of boundaries of the land parcel on each side where there is a border linking with the land of one or more individuals. The boundary marker will be placed in agreement with the owner of the neighbouring land use right. The neighbours are obliged to sign the document to show that they agree with the details of the location of boundaries and corner marks.

16

The boundary marking pole is made of cement or hard wood having a marking and a code number (if is possible) on each pole. It is designed by the Department of Lands and is to be used by the owner of the land use right.

Once the boundary marking pole has been placed, it cannot be moved or its position altered without authorisation from the concerned authority.

5.1.2 Adjudication Work

The owner who occupies and uses the land will:

submit documents concerning land use right and utilisation right, as well as land boundary;

give answers to questions on the location of land boundary, land use right and utilisation rights which are asked by the Adjudication Team;

give testimony when required, provide all the necessary documents and make contribution to the resolving of disputes; and

sign documents as determined in the documentation of the Adjudication Team.

During the operation of land parcel registration, all documents relating to the land covered by the adjudication work will be handed over to the concerned staff. After the Land Title has issued, these documents including documents given with the application will be kept in the Land File at the Province or District Land Office.

Whenever the Adjudication Team takes original documents from any person, they will issue a receipt for these documents as evidence.

5.1.3 Issue of Land Title

The owner of the land use right will:

pay all necessary fees ;

collect his or her Land Title from the Province or District Land Office.

5.1.4 Adjudication Involving State Land or Land Managed by the State

Where land is occupied or managed by a government agency or organisation, then a representative of that agency or organisation must take on the obligations and functions contained in this section and all other sections in this Ministerial Direction concerning the adjudication process for the concerned land parcel.

PART VI

Publication of Decisions Taken by the Adjudication Team

6.1 Publication of Decisions Taken by the Adjudication Team

The Adjudication Team will issue a notification of its decision for all land parcels adjudicated such as:

those for which the type of land use right and utilisation right is concluded; 17

those which cannot be concluded by the Adjudication Team.

The notification will be displayed at the Adjudication Office conveniently for the interested persons to see.

The notification consists of the following provisions:

1. results of the decision taken by the Adjudication Team which includes the name of the owner who occupies and uses the land or the user of state land, and type of land use right according to 4.11, land location and land area. If the Adjudication Team cannot make a conclusion then a statement that no conclusion was made must be included in the notification;

2. the period of notification and how to make an objection during the period of notification;

3. fees and service charges to be paid and method of payment which is to be made by the owner who occupies and uses the land;

4. all land parcels with dispute, showing the land parcel identification and that there is a dispute. A note to the notification will state that if the dispute is not resolved during the period of the notification, the adjudication documents will be sent to the Province and District Land Office, for further dispute resolution;

5. a statement that any person can look at the Individual Land Parcel Map and the Cadastral Map at the Adjudication Team field office or Land Office or village office and giving the address of this office; and

6. other data as may be additionally required by the Director of the Department of Lands and the head of the Provincial Land Management Authority and District Land Office.

Where the Adjudication Team is unable to fully complete the adjudication work due to:

1. the complexity of problems; or

2. lack of sufficient authority to make decision

then the fact of the problem will be notified together with list of other land parcels (30 days for systematic adjudication and for 90 days for sporadic adjudication), and the adjudication report and documents will be sent to the Province and District Land Office to be taken into consideration by the Committee for Resolving the Problems of Issuing Land Title.

6.2 Consideration of a Case by the Committee for Resolving the Problems of Issuing Land Title

The Head of the Provincial Land Management Authority will appoint suitable persons as members of the Committee for Resolving the Problems of Issuing Land Title.

In case a problem has been referred to the Committee through the District and Province Land Office by the Adjudication Team, then the Committee for Resolving the Problems of Issuing Land Title will make a consideration of the case and make a decision. The Committee for Resolving the Problems of Issuing Land Title has all the powers, rights and duties that the Adjudication Team has and, in addition, can consider new evidence which the Adjudication Team did not have.

18

In this case, the Committee for Resolving the Problems of Issuing Land Title will, for publication of decisions it has reached a conclusion, follow the procedure set out in 4.12 and 6.1 of this Ministerial Direction.

In case the Committee for Resolving the Problems of Issuing Land Title is unable to resolve the problem, it will make a request to the Project Oversight Committee or to the Project Steering Committee. To assist the Project Oversight Committee or the Project Steering Committee, the Land Office must supply all relevant documents and information. When it has made a decision, the Project oversight committee or the Project Steering Committee will follow the procedure set out in 4.12 and 6.1 of this Ministerial Direction.

6.3 Parties or Persons Who are to be Notified

The Head of the Provincial Land Management Authority will inform, in writing, all concerned parties concerning the decision taken by the Adjudication Team. These concerned parties are:

chief of village of the adjudication area;

chief of village of the neighbouring village;

chief of the district Land Unit in the adjudication area;

chief of the district of the adjudication area;

all concerned chiefs of divisions of capital city or province in the adjudication area

The Head of the Provincial Land Management Authority can notify the general public through the media according to the real conditions.

In the case of sporadic adjudication, the concerned Head of the Provincial Land Management Authority will also inform the neighbours and any other person who the Director considers could challenge the decision of the Adjudication Team.

6.4 Duration of Notification Prior to Issuing the Land Title

After 30 days in the case of systematic adjudication and 90 days in the case of sporadic adjudication from the data of issue of the notification as prescribed in 6.1 the Head of the Provincial Land Management Authority will promptly issue the Land Title to the owner of the land use right (or other person entitled to hold the Land Title, such as a mortgagee), unless there is a dispute with detail recorded or the Adjudication Team refers the case to the Committee for Resolving Problems of Issuing Land Title through the District and Province Land Office for resolving problems.

PART VII

Proceeding of Application for Re-consideration

19

7.1 Modification of Decision Based on Mutual Agreement of the Two Parties

A person who is not satisfied with the decision made by the Adjudication Team can propose a change of the decision in agreement with the person who has been named in the Notification. However, this can not be done for the category of land (state or private) as stated in 4.11.

The agreement between the two parties will be recorded in written form and, thereafter, submitted to the Head of the Provincial Land Management Authority within the period of 30 days in the case of systematic adjudication and 90 days in the case of sporadic adjudication from the date of notification of the Adjudication Team’s decision.

The mutual agreement between the two parties will be considered by the Head of the Provincial Land Management Authority. The recognition of the facts by the two parties will be used as the basis for the modification of the Adjudication Team’s decision.

7.2 Re-consideration of Decision

If a person is not satisfied with the decision taken by the Adjudication Team, but is unable to resolve the problem by mutual agreement of the two parties, he may apply for re-consideration of the decision to the Head of the Provincial Land Management Authority within a period of 30 days in the case of systematic adjudication and 90 days in the case of sporadic adjudication from the date of notification of the decision of the Adjudication Team.

The Head of the Provincial Land Management Authority will issue an official notification concerning the application for re-consideration of the decision taken by the Adjudication Team including the information prescribed in 6.1. A copy of the notification will be enclosed with the application for re-consideration of decision and sent to the person who raised the dispute and to the person named in the notification of the Adjudication Team and other concerned persons.

The Head of the Provincial Land Management Authority will make a review of the decision of the Adjudication Team in conformity with the proceedings and rules prescribed in this Ministerial Direction. The Head of the District Land Management Authority will be assisted by a committee of persons with appropriate skills for reviewing the decision.

The Head of the Provincial Land Management Authority for the purpose of this section has the same rights and functions as the Adjudication Team, and in addition is able to make a re-consideration based on new evidence which the Adjudication Team did not have.

The Head of the Provincial Land Management Authority must make a report concerning the result of the re-consideration of evidence according to 4.9 and 4.12 of this Ministerial Direction.

The Head of the Provincial Land Management Authority must notify, in writing, the District Land Office and all concerned parties concerning the result of the re-consideration as well as other information to those persons shown in 6.3 of this Ministerial Direction. The notice will mention that any disputes of the decision should be submitted to the court within 30 days from the date of the Head of the Provincial Land Management Authority’s notice.

20

The Head of the Provincial Land Management Authority can assign the function and responsibility stated in this section to another person. The nominee can take a decision on the basis of this section and his decision has the same validity as the decision taken by the Head of the Provincial Land Management Authority.

7.3 Filing a Complaint to the Court

If a person is not satisfied with the decision taken by the Head of the Provincial Land Management Authority, he or she may file a complaint to the court so that it can make a legal consideration concerning the decision taken by the Head of the Provincial Land Management Authority. The petition to the court will be made within 30 days from the date of publication and propagation of the decision of the Head of the Provincial Land Management Authority.

If a person has filed a petition to the court in order to request the court to make a legal consideration regarding the decision made by the Head of the Provincial Land Management Authority, the concerned person will inform, in writing, the concerned Head of the District Land Management Authority concerning the petition within the period of 30 days mentioned in this section.

The court will make a review of the decision made by the concerned Head of the Provincial Land Management Authority and will, then, take a decision according to the proceedings and rules prescribed in this Ministerial Direction. However, the requirement that the decisions of the Adjudication Team be publicly notified pursuant to 6.1 does not apply to decisions of the court.

The court has the same rights and functions as the Adjudication Team. However, it can make the consideration of new evidence that the Adjudication Team or the Head of the Provincial Land Management Authority did not have.

If a person, after receiving the notification concerning the decision of the Adjudication Team or of the head of the Provincial Land Management Authority, has not formulated a petition to the court within the time prescribed in this Ministerial Direction, he or she has no right to make a claim on the right on land from the beneficiary from the decision made by the Adjudication Team or by the Head of the Provincial Land Management Authority.

PART VIII

Land Title8.1 Issuing the Land Title

The persons who can sign the new Land Title and the Land Register are:

the Head of the Land Office of the capital city or province or the Head of District Land Unit of a decentralized district

the Head of the Provincial Land Management Authority, or the Head of the District Land Management Authority of a decentralized district.

21

Any errors in the Adjudication report that are discovered after the issue of new Land Title and a new sheet of the Land Register Book shall be resolved by the Head of the Province or District Land Office accordingly.

The Land Office should issue the Land Title immediately after 30 days in the case of systematic adjudication and 90 days in the case of sporadic adjudication from the date of notification of decision of the Adjudication Team and upon receiving the documents of the land parcel from the Adjudication Team, but will not issue the Land Title immediately in the following cases:

1. the Adjudication Team’s document of determination states that there is an unresolved dispute, or other problem;

2. an application, in written form, for re-consideration has been received by the Head of the Provincial Land Management Authority from a concerned person;

3. a petition has been made to the court by a concerned person with respect to the land parcel; or

4. there is already a court order to stop any Land Title issuing on the land parcel.

In cases (1) and (2) above, the Head of the Provincial Land Management Authority will reconsider and make a notice of reconsideration in accordance with 7.2. The Land Title will be issued at the appropriate time when all persons to the dispute are satisfied or the time to petition the court has lapsed without any appeal being lodged.

In cases (3) and (4) above, the Head of the Land Office will not proceed to issue the Land Title until receiving the final determination of the court. A note stating that the issuance is suspended by court action including the details of the concerned person will be placed on the Land File for the concerned land parcel.

The Head of the Provincial Land Management Authority may cause land parcel documentation to be reconsidered. The reason for the reconsideration must be stated, signed by the Head of the Provincial Land Management Authority and the document placed in the Land File for the concerned land parcel. In this case, the procedures for reconsideration of 7.2 will be followed.

8.2 Distribution of the Land Title

The Province or District Land Office will notify the person named in the Land Title as the owner of the land use right when the Land Title is ready for distribution. The notification may be through the village head or other suitable means.

The notification will state the place to receive the Land Title and the amount of fees to be paid.

For systematic adjudication, a distribution ceremony may be conducted at a suitable location if considered appropriate by the Province or District Land Office. Distribution of the Land Title may also be effected by:

distribution at District Land Office

22

distribution by District Land Office at the village concerned

The Land Title will be given to the person entitled to hold the Land Title such as the owner of the land use right when the fees have been paid and that person signs a document of receiving the Land Title showing the name of the person and the date of receiving the Land Title. This document will be placed in the Land File for the concerned land parcel.

If a Land Title is issued to someone other than the owner of the land use right, and that person is in possession of a document which is evidence of land ownership, then that document must be given in exchange for the Land Title, and the document cancelled and placed in the land file.

PART IXFees and Service Charges

9.1 Collection of Service Charges

Service charges for survey to issue land titles must be collected in accordance with the Prime Minister’s Decree on Technical Service Charges.

9.2 Fees for first time and subsequent land registration

Fees charged on the issuing of Land Title are determined in the Presidential Decree on Fees.

The collection and use of the fees and service charges shall strictly comply with the provisions of the Budget Law No. 02/NA, dated 26 December 2006.

PART X

Actions Against Violator

10.1 No Sanction Will be Taken Against Personnel of Adjudication Team

If a member of the Adjudication Team has sincerely carried out his or her function, he or she will not be held responsible for the damages caused by the unintentional actions because the owner who occupies and uses the land did not tell the truth and did not report fully or sincerely to the Adjudication Team. In this case, the person who made the false declaration will face sanctions or punishment .

23

10.2 Action Against the Adjudication Team Personnel

Any personnel of the Adjudication Team who misuses his or her function and power and performs the work not in conformity with this Ministerial Direction will be subjected to disciplinary sanctions or will be, in cause of severe violation, brought to court proceedings according to the law.

10.3 Other Individuals

Any person who conceals the truth during the declaration of data on land will be held responsible before the law of whatever consequences which may arise later.

PART XI

Implementation

11.1 Dissemination

The Director of the Department of Lands, the Heads of the Provincial and District Land Management Authority and concerned parties shall disseminate this Ministerial Direction to adjudication staff, local administrative authorities and the public for their information and successful implementation.

11.2 Design of Standards

The Department of Lands will formulate standards for survey and adjudication work in order to facilitate the implementation of this Ministerial Direction. All persons of the Adjudication Teams and Land Offices must use the standards.

11.3 Implementation

The National Land Management Authority, Department of Lands, the Provincial Land Management Authorities and other concerned parties will be charged with the implementation of this Ministerial Direction according to their functions.

11.4 Effectiveness

This Ministerial Direction is effective from the date of signature.

24

This Ministerial Direction supersedes and replaces Ministerial Direction on the Systematic Adjudication of Land Use Right No. 997/MoF dated 24 June 1998 and Ministerial Direction on the Sporadic Adjudication of Land Use Right No. 998/MoF dated 24 June 1998.

Minister to Prime Minister’s Office

and Head of National Land Management Authority

25