Successful Land Conversion for Power Generation: A Comprehensive Guide to Farmland Conversion for Commercial Projects in Myanmar

Converting farmland for commercial purposes (La Ya 30) in Myanmar involves navigating detailed processes and complying with specific regulations based on Myanmar law. Recently, we successfully obtained a La Ya 30 permit for a power generation project in Kyaukphyu, Rakhine State, which involved two types of lands. We first obtained Form 15a, issued by the state government, and subsequently obtained Form 15 from the Central Farmland Management Committee.

The application process begins with the submission of Form 14 (Application for farmland to be used for other purposes) and Form 105 (Land Map) to the Department of Agricultural Land Management and Statistics (DALMS) at the township level. Upon receiving the application, DALMS will initiate a case file to review the submission.

According to Sections 29 and 30 of the Farmland Law, and Sections 83, 84, and 85 of the Farmland Rules, DALMS assesses the submitted documents, including land maps, ownership evidence, and project plans. This assessment also involves verifying any objections and statements from affected villagers. The Township Farmland Administrative Body evaluates several criteria, such as the necessity of the applied land size, impact on surrounding agricultural activities, effect on water drainage systems, effect on public streets and agricultural products, feasibility of completing the work within the specified period, and the applicant’s commitment to using specified methods.

Upon approval, the Central Farmland Management Committee issues the permit order (Form-15) for paddy land to be used for other purposes. For all other types of farmland, the respective Region or State Government issues the permit order (Form-15a), based on the recommendation of the Region or State Farmland Management Committee.

Supervision and compliance are critical components of this process. According to Section 30 of the Farmland Law, the permit to use farmland for commercial purposes (La Ya 30) is subject to several conditions. If the farmland work has not started within six months using the applied method, or if the work is not completed within the designated period, the Central Farmland Management Committee or the respective Regional/State Government shall confiscate the land. The Nay Pyi Taw Council or Region/State Farmland Management Committee oversees the condition of work on farmland used for commercial purposes. They ensure that district and township farmland administrative bodies conduct field inspections every six months. Inspection findings must be submitted to the Central Farmland Management Committee or the respective Regional/State Government using Form 16, accompanied by photos of the inspection findings.

To begin the process, prepare and gather all necessary documents, including Form 14, Form 105, ownership evidence, project plans, and any other relevant documents. Submit the completed forms and documents to DALMS at the township level. DALMS will assess the application based on the specified criteria, ensuring that the project plan is comprehensive and addresses all potential impacts on surrounding areas and resources. The application is then forwarded to the Central Farmland Management Committee for paddy land or the respective Region/State Government for other types of farmland. It is essential to follow up with the relevant authorities to track the progress of the application.

Upon approval, you will receive the permit order (Form-15 for paddy land, Form-15a for other types of farmland). Begin the conversion work as specified in the application. Compliance and supervision are crucial, as you must ensure that the work starts within six months and is completed within the designated period. Cooperate with field inspections conducted by the district and township farmland administrative bodies. Regular progress reports and inspection findings must be submitted using Form 16.

By following these legally mandated procedures and obtaining the necessary approvals and permits, individuals and organizations can successfully convert farmland for commercial purposes in Myanmar. This guide ensures compliance with Myanmar’s legal framework, helping individuals and investors manage land conversions effectively. For further assistance, our team is available to provide guidance and support throughout the process.