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Myanmar’s New Law and Process for Compulsory Land Acquisition: What PPP Project Developers Need to Know

Myanmar’s New Law and Process for Compulsory Land Acquisition: What PPP Project Developers Need to Know

February 27, 2020

After decades of highly controversial land acquisitions for public purposes, Myanmar turns a new page by passing the Land Acquisition, Resettlement, and Rehabilitation Law 2019 (Law no. 24/2019, referred to herein as the “LARR 2019”).

Highlights of this note

  • How does the new process work?
  • The proposal required for starting the land acquisition process has much more depth
  • There is more room for objections by project-affected people under the LARR 2019
  • The new legal framework says nothing about negotiated, voluntary transactions, which are the vast majority of land acquisitions for infrastructure projects
  • The problem with farmland conversions
  • Who is entitled to compensation for land and buildings or for damages?
  • What about the cut-off date?
  • Who determines the compensation?
  • How much is the compensation for land and structures?
  • Can you compensate in kind, by offering other land?
  • What happens with objections and refusals?
  • Is the new law already in force?

AUTHOR

Edwin is the senior partner of VDB Loi and a leading foreign legal advisor living in Myanmar since 2012. A frequent advisor to the Government on transactions and privatizations in energy, transportation and telecom, he is widely recognized for his “vast knowledge” (Legal 500) and his ability “to get difficult things through the bureaucracy ” (Chambers, 2016). He advises international financial institutions on their largest Myanmar transactions, oil and gas supermajors, a greenfield multi- billion US$ telecom project and the Japanese Government on the Thilawa SEZ. He assisted two newly licensed foreign banks setup in Myanmar, acted for the sponsor of an 800MUS$ urban infrastructure PPP project and worked on 6 out of 7 power deals inked in 2016.
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