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A Land Use System in the Republic of the Union of Myanmar - Concentrated on Lease and Use of Land by Foreigners -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 59(), pp.1-26
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong-Hun Park 1

1경희대학교

Accredited

ABSTRACT

The gross area of the territory in the Republic of the Union of Myanmar (hereinafter referred to as Myanmar) three times as broad as one of the Republic of Korea. Myanmar has plentiful natural resources such as oil, timber and etc. Myanmar had been a politically, economically closed and outdated and it was the most have-not in the Asia. However, Myanmar has been in the process of the transfer of power from a military administration to civil government since President Tehin Sein had launched in March, 2011. Myanmar opens the door in the economic field and it liberalizes the economy at the same time. The change in recent years in Myanmar made the US, EU and neighbor countries such as China, India, Japan and South Korea consider the expansion of economic investment and interchanges. This thesis plays a role to inform the land use systems as the most advanced information of investment our companies to enter into variety of industries in Myanmar, noticing the political and economic mutation of Myanmar. According to the constitution of Myanmar, the state owns the land except freehold land which private persons can own. The only way for foreigners to use land is to lease the land with the fee. There have been several changes to relax restrictions on the land use by the open policy in the economic field: Notification No. 39/2011 based on the Transfer of Immovable Property Restriction Act of 1988 to support the Foreign Investment Law of 1987; Notification No. 40/2011 based on the government code of Myanmar; Special Economic Zone Law of 2011; and the Dawei Special Economic Zone Law of 2011. In detail, a foreign investment corporation with the permission of the Myanmar Investment Commission (hereinafter referred to as MIC) can lease the land for up to sixty years. Besides, Myanmar guarantees for a foreign company to use the leased land for up to seventy five years under the permission of the central body in the special economic zone which Special Economic Zone Law and the Dawei Special Economic Zone Law have designated. However, any lease on the farming land with other than purpose of cultivation would be invalid. While Myanmar has tried to ease restrictions with Notification No. 40/2011, investment in Myanmar still needs caution since remittance abroad of the profits by the sale of goods is practically difficult. In conclusion, research on the land use system, the Foreign Investment Laws and other related laws of Myanmar helps South Korea develop the industry of imports and exports. Even though Myanmar is the nation of the stage of the politically immature and economically commencement, Myanmar has ample natural resources, superior human resources, low labor cost and so on. Thus, export and import industry in South Korea should consider pros and cons on the investment in Myanmar.

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