Guidelines on Registration and Changes of Land Use Rights Activities

Article

Lao People's Democratic Republic
Peace Independence Democracy Unity Prosperity
No. 050
Ministry of Natural Resources and Environment No......... /MONRE
Vientiane Capital, Date: ... ... 4157.
Guideline
On Registration
[illegible]
Transfer and Change of Land Use Rights
- Pursuant to the Amended Land Law No. 70/NA, dated 21 June 2019;
-- Pursuant to the Civil Code No. 55/NA, dated 6 December 2018;
-- Pursuant to the Decree of the President on Fees and Service Charges No. 002/President, dated 17 June 202;
- Pursuant to the Decree on the Organization and Activities of the Ministry of Natural Resources and Environment
Environment No. 573/PM, dated 20 September 2023

Pursuant to the letter of the Department of Land No. 712/GS.GTD, dated 14 June 2022

The Minister issues the guideline:

Chapter 1
General Principles

1. Purpose
This guideline defines regulations, methods, and procedures regarding the registration of movement and change of land use rights for the management, monitoring, and inspection of such work through recording and certifying land use rights to be accurate according to reality, aiming to protect the rights and interests of the state and the multi-ethnic people who are owners of land use rights, ensuring society is peaceful, orderly, transparent, fair, and lawful, contributing to socio-economic development.
2. Registration of Activities and Changes in Land Use Rights

Registration of activities in land use rights is the recording and certification of land use rights that the holder has leased, mortgaged, pawned, pledged by contract, easement, and other activities.

Registration of changes in land use rights is the recording and certification of the transfer of land use rights from the original holder to another person, by issuing a new land title deed, through inheritance, purchase and sale, contribution as capital, donation or relinquishment of land use rights, exchange, withdrawal or transfer of land use rights, legal pledge, court judgment.

3. Definition of Terms
The terms used in this guideline have the following meanings:
1) Certificate of authenticity of land title refers to a legally valid land title that has been examined and certified by the relevant state authority as a correct and legally effective document.

Land files, such as land registration certificates, land registration books, registration books, checking cadastral maps, checking land file volumes, not used for other purposes, no objections, no disputes, no seizure by relevant agencies, given to the applicant for the certificate of authenticity of land title;

2) Abandonment of lease or land concession refers to a lease or land concession where the lessee has left the land or has not developed the land, without possession and without notifying the lessor or land concession grantor, thereby causing damage to the lessor or land concession grantor, certified in writing by the relevant state agency;
3) Abandonment of lease or land concession means the lease or land concession has not yet expired, but the lessee or concessionaire intends not to continue the lease or concession, and the lessor or grantor agrees, with confirmation from the relevant state agency;

4) Property guardian means a person appointed to manage property on behalf of a minor who has not reached the age of majority or a person lacking legal capacity; the rights of the property guardian shall terminate when the minor reaches the age of majority or the person lacking legal capacity returns to normal condition;

5) Certificate of kinship means a document certifying the relationship between lineal and collateral relatives, as defined in the Civil Code.
Not yet determined or notified to the person and received

No
or

4. Scope of Application
This guideline applies to individuals, legal entities, and organizations who are Lao citizens, including
aliens, stateless persons, foreigners, foreign persons of Lao descent, and organizations of such persons
living and operating within the territory of the Lao PDR.

Chapter 2
Types and Procedures for Registration of Land Use Rights Transfers

1. Types of Registration of Land Use Rights Transfers

Registration of land use rights transfers includes the following types:

1) Lease or concession;

2) Using land title as collateral;

3) Sale of land use rights;

4) Contractual mortgage;

5) Easement;
6) Purchase and sale of state-allocated land use rights with a fixed term.

Registration of land use rights transfer: if there is an objection, the registration shall be suspended until resolved in accordance with the law. The objector must be a directly interested party or the holder of the land use right. If the objection is not mediated or resolved according to law, or if no lawsuit is filed with the court within twenty working days from the date of submission of the objection, and there is no supporting document from the relevant party, the objection shall be considered unfounded. In the case of a final court judgment that has been executed,
Proceed with the registration of land use rights activities, unless there is an order to dismiss the case, in accordance with the law.

1. Registration of land lease or concession
1.1 Registration of land lease from Lao citizens
Land lease between Lao citizens, including legal entities or organizations that are Lao citizens, is subject to agreement between the two parties, certified by the village administrative authority, the court registration authority, and the registration of land use rights activities at the district-level Office of Natural Resources and Environment where the land is located, upon the application of either party to the contract.

Foreigners, stateless persons, aliens, foreign nationals of Lao descent, residing in
The Lao PDR, in accordance with the law, and organizations established with the permission of the state, may lease land from Lao citizens, including legal entities or organizations that are Lao citizens, for a period not exceeding thirty years, and may be renewed depending on the case as agreed by the contracting parties, subject to approval from the provincial administrative authority upon the recommendation of the provincial Department of Natural Resources and Environment. Such land lease contracts must be certified by the village administrative authority, the court registration authority, and registered for the transfer of land use rights at the district Office of Natural Resources and Environment where the land is located.

The documents accompanying the application for registration of a land lease contract from a Lao citizen include:

- Application for registration;
- Land lease contract;
Certificate of land title verification;
Original land title;
Latest annual land use fee notice or land tax receipt;
Copy of household registration and copy of ID card of the lessee. If a foreigner, a foreigner of Lao descent shall provide a copy of passport;

-. Other relevant documents (if any).

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1.1.2 Registration from lease and concession of state land

State land lease is an agreement between the lessee and the land lessor (state organization) to use the land for any activity according to the contract and law, such as trade, services, residence, tourism, sports, diplomacy and international organizations.

State land concession is the permission of the state for the land concession applicant to use the land in the area
Land allocated by the state for conducting investment concession activities in accordance with contracts and laws, such as: agriculture, forestry, tourist areas, industrial zones or industrial parks, special economic zones, new town development, hydropower energy development, mining.

In the case of land concession areas that cover national defense-security zones, the concession may only be granted upon approval from the central national defense-security committee.

Lease or concession of state land must go through bidding and be carried out in state land areas that have been allocated by the state. The lessee or concessionaire must conduct an environmental impact study or assessment.
Including the establishment of management plans and monitoring of the social and natural environment as stipulated in laws and regulations.

After the government or provincial administrative body permits individuals, legal entities, or organizations (domestic and foreign) to lease or concession state land, the provincial Department of Natural Resources and Environment where the land is located shall issue a state land title deed within five working days to the lessee or concessionaire of that state land, according to the lease or concession period.

The lease or concession period of state land by individuals, legal entities, or organizations (domestic and foreign) shall be based on the nature, scale, and conditions of the activity, but shall not exceed fifty years and may be
May be renewed according to the decision of the government, the National Assembly, or the provincial people's council, based on the evaluation of the project or activity performance and the decision of the government or the provincial administrative body.

Leasing of state land by embassies or international organizations is subject to an agreement between the Government of the Lao PDR and the relevant foreign government or international organization, with a term not exceeding ninety-nine years and renewable upon the proposal of the Ministry of Foreign Affairs, based on coordination with the Ministry of Natural Resources and Environment and the relevant provincial administrative body. In addition to leasing state land, the government permits foreign embassies to use land in the Lao PDR.
By exchange, transfer according to the agreement between the Government of the Lao PDR and the government of the relevant country.

The set of documents for the application for registration of a lease or concession contract for state land includes the following:

-- Application or request for registration;

-- Lease or concession contract for state land;

-- Original state land title;

-- Economic-technical analysis report (if any);

-- Enterprise registration certificate (if any);

-- Business license (if any);

-- Copy of family book and copy of identity card of the lessee or concessionaire. If a foreigner, a foreigner of Lao ethnicity, provide a copy of passport;

-. Other relevant documents (if any).

Lease or concession contract for state land, if the provincial administrative authority is the one granting the lease or
State land concession shall register the land use right activity at the Provincial Department of Natural Resources and Environment where the land is located.

For state land lease or concession contracts, if the government grants the lease or state land concession, the registration of land use right activity shall be carried out at the Department of Land, Ministry of Natural Resources and Environment.

1.1.3 Registration of contract amendments: lease of land from Lao citizens, lease or state land concession

Lease of land from Lao citizens, lease or state land concession contracts may be amended by mutual agreement of the parties, such as increasing or decreasing the rent or concession fee payable under the contract; increasing or decreasing
Determination of the term of lease or concession; modification, deletion or addition of conditions of the lease or concession contract must be re-registered within the scope of responsibilities specified in Section 2 of Article 2, in Articles 2.1 and 2.2 of this guideline.

1.1.4 Registration of the transfer of the right to lease land from Lao citizens, or to lease or concession state land to others for sublease

Contracts for leasing land from Lao citizens, or leasing or concession of state land may transfer the right to lease or concession to others for sublease, but the term for subleasing or subconcession to others shall not exceed the term of the main contract. Each time of subleasing or subconcession must obtain consent from the lessor or concessioner.
Before. If the original lease or land concession contract specifies conditions allowing sublease or assignment, the lessee or land concessionaire may proceed directly.

The transfer of lease or land concession rights to another person must be done through a written sublease or assignment contract between the original lessee or land concessionaire and the new lessee or land concessionaire. Thereafter, the new lessee or land concessionaire shall register the said contract within the scope of responsibilities as stipulated in Part 2 of Article 2, in clauses 2.1 and 2.2 of this guideline.
1.1.5 Registration of Transfer of Land Lease Contracts with Lao Citizens, Lease or Concession of State Land

Land lease contracts with Lao citizens, lease or concession of state land may transfer the lease or land concession contract that has not yet expired to another lessee or concessionaire, but must obtain consent from the lessor or grantor first. If the master lease or land concession contract specifies conditions allowing the transfer of the lease or land concession contract, it can be carried out directly.

The transfer of the lease or land concession contract must be made in writing between the lessee or concessionaire and the new lessee or concessionaire. The new lessee or concessionaire must comply with
The rights, obligations and conditions of the original lessee or concessionaire, according to the contract, laws and regulations, thereafter shall notify the registration of such contract within the scope of responsibilities specified in Part 2 of Article 2, in Clauses 2.1 and 2.2 of this guideline.

1.1.6 Registration of succession of lease or land concession contract

If the lessee or land concessionaire dies, the property, including rights and obligations related to the lease or land concession contract, shall devolve to the successor according to law or will. However, the succession of inheritance must be certified. Thereafter, shall notify the registration of such contract within the scope of responsibilities specified in Part 2 of Article 2, in Clauses 2.1 and 2.2 of this guideline.
1.1.7 Registration of land lease contracts with Lao citizens, lease or concession of state land that is subdivided

A land lease contract with Lao citizens, lease or concession of state land that is subdivided means: taking a single land parcel and a single land title deed but dividing it into parts for lease to multiple persons, by drawing a plan clearly showing each part to be leased or concessioned, then making a lease or concession contract for each part, and bringing each contract to register with the Department of Land or the Provincial Department of Natural Resources and Environment, within the scope of responsibilities specified in Clause 2, paragraphs 2.1 and 2.2 of this guideline.

1.1.8 Cancellation or revocation of registration of land use rights from land lease
Lao citizens, lease or concession of state land

Land lease contracts from Lao citizens, lease or concession contracts of state land shall be terminated or the registration of land use rights shall be canceled, depending on each case as follows:

1) Expiration of the lease or concession contract;
2) Mutual agreement of the contracting parties;
3) Surrender of the lease or concession right;
4) Abandonment of the lease or concession right;
5) Violation of law or conditions of the lease or concession contract;
6) Court judgment.

The termination of land lease contracts of Lao citizens, lease or concession of state land as specified above must have written certification from relevant parties to serve as a basis for registration.
Register the cancellation or termination of the said contract and notify the registration authority.

Registration of cancellation or termination of land lease contracts of Lao citizens, lease or concession of state land must be completed within two working days from the date of receipt of the request from either party or the authority with the right to cancel or terminate, or the enforcement order of a court judgment, and pay fees and service charges according to laws and regulations.

1.2 Registration of land title deed as collateral

1.2.1 Using land title deed as collateral

Using a land title deed as collateral is an agreement to use the land title deed as security for the repayment of a debt or the performance of obligations between creditor and debtor, or for the performance of other agreements, or
Fulfillment of obligations on behalf of the debtor by any individual or legal entity in the form of a mortgage or pledge.

The set of documents for the application for registration of using a land title deed as collateral security includes the following:

- Application for registration package;
- Mortgage or pledge guarantee agreement;
- Loan agreement between the lender and the borrower;
- Certificate of authenticity of the land title deed;
- Original land title deed;
- Latest annual land use fee notice or land tax receipt;
- Copy of identity card or residence certificate and copy of family registration of the contracting parties;
- If a legal entity or social organization, must have a copy of the business license, enterprise registration certificate, or permit to establish a social organization;
- Other relevant documents (if any).
Before proceeding with the registration of using a land title deed as collateral for a guarantee, if there is an objection from a directly related person or a person who has obtained the right to use the land through state allocation, transfer, inheritance, traditional acquisition of land use rights, or purchase of state-allocated land use rights for a fixed term, the registration of the transfer of land use rights shall be suspended until resolved in accordance with the law.

1.2.2 Using a Land Title Deed as Collateral for a Mortgage

Using a land title deed as collateral for a mortgage is the guarantee of repayment of a debt or performance of other obligations by placing the land title deed serving as collateral in the possession or custody of the mortgagee or creditor, or another person as agreed.
The mortgagee has the right to use the land or receive benefits from the land, but has no right to charge interest from the mortgagor, and is also responsible for paying management fees and preserving that land. When the debtor has repaid the debt or performed the obligation, the mortgage shall terminate, and after deregistering the use of the land title deed as collateral security, the right to use the land must be returned to the mortgagor or the owner of the land use right.

1.2.3 Using the Land Title Deed as Collateral Security for Mortgage

Using the land title deed as collateral security by mortgage is the guarantee of repayment of debt and performance of other obligations to the mortgagee or creditor through the registration of the land title deed brought as collateral.
The mortgagor, after registration of the land use right activity, the mortgagor or the owner of the land use right or their heir must deliver the original land title deed to the mortgagee or the creditor for safekeeping.

If the mortgagor or the owner of the land use right or their heir fails to repay the debt within the stipulated time, the creditor must consult and reach an agreement with the debtor regarding the repayment of the debt, including repayment by transferring the land use right, selling the land use right, or auctioning the land use right. In case the parties cannot reach an agreement, the matter shall be resolved through judicial proceedings.

1.2.4 Using the land title deed as collateral to guarantee a loan for another person
Using a land title deed as collateral to guarantee a loan for another person requires a written assignment of rights between the land use right owner who is the guarantor and the assignee who is the borrower, signed and certified by at least three witnesses, the village administrative authority where the land is located, and certified by the court registration authority in accordance with laws and regulations.

The mortgage guarantee contract must be signed by the land use right owner who is the guarantor, the assignee who is the borrower, and the mortgagee or creditor, certified by at least three witnesses, the village administrative authority where the land is located, and certified by the court registration authority in accordance with laws and regulations.
If the borrower or debtor fails to repay the debt to the mortgagee or creditor on time, the land use right holder who is the guarantor must fulfill the obligation to repay such debt through mutual consultation between the land use right holder (guarantor), the borrower or debtor, and the mortgagee or creditor regarding the settlement of the debt, such as by transferring the land use right, selling the land use right, or auctioning the land use right. If the contracting parties cannot reach an agreement, the matter shall be resolved through judicial proceedings.

1.2.5 Using a single land title deed as collateral for multiple creditors

In the case of using a single land title deed to guarantee multiple creditors, after registration of the activity
The right to use land, each time, the original land title deed will be kept by whichever creditor, depending on the agreement among the creditors.

Using a single land title deed as collateral with multiple creditors requires making a pledge or mortgage contract between the debtor and each creditor, then registering each contract at the District Office of Natural Resources and Environment where the land is located. The registration of such contracts shall be done according to the loan amount specified in each contract.

The conditions for using a single land title deed as collateral with multiple creditors are as follows:

- The land title deed used as collateral must be the debtor's land use right, or in the case it belongs to another person
Must have written consent, in accordance with the law, for the pledge, unless otherwise provided by relevant laws;

-- The land title used as collateral must have a value exceeding the debt at the time of pledge, including previous pledges, as agreed between the creditor and debtor or based on the land valuation at that time;

-- The remaining value of the same land title used as collateral must be clearly determined or stated in the pledge contract with the first creditor and subsequent creditors, unless otherwise agreed in the pledge contract;

-- The debtor who uses the same land title as collateral must notify the first creditor in writing at least fifteen days in advance about the additional pledge, and notify the new creditor about the previous pledge.
In order for the new creditor to consider about adding security with oneself.

1.2.6 Priority of security agreement, mortgage or pledge

A creditor who has made a security agreement, mortgage or pledge with a single land title deed shall be paid or have the obligation performed before other creditors, as the case may be.

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1) Among creditors who have registered a security agreement, mortgage or pledge, and have taken possession of the property or control of the security right before other creditors in accordance with the law, that creditor shall have priority;

2) Among creditors who have registered a security agreement, mortgage or pledge, the one who registered the security before other creditors shall have priority.
3) Creditors with unregistered security agreements, pledges, or mortgages who possess the property or control the security interest prior to other creditors shall have priority.

1.3.7 Registration of addition or withdrawal of land title deeds as collateral

In the event that the creditor and debtor have agreed to add or withdraw land title deeds as collateral, a supplementary agreement on the conditions for adding or withdrawing the land title deeds used as collateral must be made.

The District Office of Natural Resources and Environment where the land is located shall consider and carry out the registration of the addition or withdrawal of land title deeds as collateral upon the application of either party to the contract, to be completed within three working days from the date of receipt of the application.
Must conduct mediation between the contracting parties and the landowner, and make a mediation record according to the prescribed form.

Registration of adding a land title deed to increase the amount or increase the amount in the same land title deed, and withdrawal, using the land title deed as collateral, shall be carried out as follows:

1) In the case of adding a land title deed as collateral to increase the amount or increase the amount of the original collateral which is the same land title deed, fees and service charges must be paid for the increased amount according to the regulations;

2) In the case of withdrawal of part of the land title deed that is collateral, the registration of cancellation of the collateral for that part of the land title deed shall be made, and fees and service charges must be paid according to the regulations.

1.2.8 Registration of waiver of priority and transfer of collateral
A guarantee contract, mortgage, or pledge may be transferred to another person, but must be registered at the District Office of Natural Resources and Environment where the land is located.

The mortgagee or pledgee with priority may waive their priority in favor of another creditor who has a mortgage or pledge, but not exceeding the value of their own claim.

The mortgagee or pledgee has the right to transfer their security to another creditor who does not have security for the same debtor, but not exceeding the amount of the secured debt.

The mortgagee or pledgee may transfer the security, including the attached benefits and priority rights.
to provide its guarantee to another person, but not exceeding the value of the collateral.

1.2.9 Guarantee contract with collateral involving land plots located in multiple districts and multiple provinces

If a guarantee contract (mortgage or pledge) involves more than one land plot located in multiple districts or multiple provinces, it can be used as collateral for borrowing from banks, financial institutions, or any creditor, but separate mortgage or pledge guarantee contracts must be made to verify the correctness of the land title deeds and register at the District Office of Natural Resources and Environment where the land is located.

The registration of the guarantee contract (mortgage or pledge) shall separate the loan value for each land plot in
Clear contract as a basis for calculating fees and service charges, as stipulated in the Presidential Decree on Fees and Service Charges, each period 3

1.2.10 Registration of changes to guarantee contracts, mortgages, or pledges with land use rights

Guarantee contracts, mortgages, or pledges with land use rights may be amended by mutual agreement of the contracting parties, such as: increasing or decreasing the interest rate; increasing or decreasing the loan amount; increasing, decreasing, or changing the repayment period; changing, deleting, or supplementing the content of the guarantee contract, mortgage, or pledge or loan agreement must be re-registered at the District Office of Natural Resources and Environment where the land is located.
1.2.1 Registration of Mortgage of Land Lease Contracts with Lao Citizens, Lease or Concession of State Land

Land lease contracts from Lao citizens can be used as collateral with banks and financial institutions according to the agreement between the lessee and the lessor, and then registered at the District Office of Natural Resources and Environment where the land is located.

State land lease or concession contracts can be used as collateral with domestic and foreign banks and financial institutions. The registration shall be carried out as follows:

1) State land lease or concession contracts approved at the central level shall be registered at the Department of Land, Ministry of Natural Resources and Environment;

2) State land lease or concession contracts approved at the provincial level shall be registered at the Provincial Department of Natural Resources and Environment.
Department of Natural Resources and Environment, Capital.

1.2.12 Registration of cancellation or revocation of guarantee contract, mortgage or pledge of land use rights

A guarantee contract, mortgage or pledge of land use rights shall be registered for cancellation or revocation in any of the following cases:

1. The pledgee or mortgagee agrees to cancel or revoke the registration;

2. There is a court decision to revoke the guarantee.

The cancellation or revocation of a guarantee contract, mortgage or pledge of land use rights shall be carried out by registering the cancellation or revocation at the place where such contract was registered. After the registration of cancellation or revocation, the land title deed used as guarantee shall terminate its rights and obligations under the contract, and the land title deed shall be returned to the owner.
Land use right holder or authorized representative.

1.3 Registration of land use right transfer from sale with right of repurchase

1.3.1 Registration of sale with right of repurchase contract

A sale with right of repurchase contract is an agreement between parties to buy and sell land use rights, whereby the seller retains the right to repurchase the sold land use rights within five years for immovable property, at the price at which they were sold, and then register the transfer of land use rights on the back of the relevant land title deed and land certificate.

If the term of the sale with right of repurchase contract expires, the seller has the right to extend the repurchase period, provided that such extension was agreed upon at the time of making the contract, but not exceeding five years. Upon expiration of the term, if the seller does not repurchase the land use right
After using that land, the buyer shall become the owner of the land use right, and shall register the change of land use right, issuing a new land title deed to the buyer in accordance with relevant laws and regulations.

A contract for the sale of land use rights between individuals, legal entities or organizations that are Lao citizens must be certified by the village administrative authority, the notary office, and the said contract must be registered for the transfer of land use rights at the District Office of Natural Resources and Environment where the land is located, upon the request of either party to the contract.

The District Office of Natural Resources and Environment shall complete the registration of the sale contract within three working days from the date of receipt of the application, without any delay between them.
The contracting parties shall enter into a contract with the land owner and make a memorandum in the prescribed form, and the applicant must pay fees and service charges in accordance with laws and regulations.
Before proceeding with the registration from sale with right of redemption, if there is an objection from directly involved persons or those who have obtained the right to use the land, it shall be suspended until resolved.
The application documents for registration from sale with right of redemption include:
> Application for registration;
Sale with right of redemption contract;
-- Original land title deed;
Copy of identity card or residence certificate and copy of family register;
Other relevant documents (if any).

1.3.2 Succession of registration from sale with right of redemption

In case either party to the sale with right of redemption contract dies, the person entitled to inherit the inheritance has the right to succeed
Transfer of rights and obligations as stipulated in the sale with right of repurchase contract.

Inheritance of the sale with right of repurchase contract must use a form (certificate of inheritance) to submit for acknowledgment from the relevant parties, then register the contract with the relevant parties according to the scope of responsibilities specified in Section 2 of Article 2 of Clause 2 and Clause 2.2 of the guideline.

1.3.3 Cancellation or revocation of registration from sale with right of repurchase

The District Office of Natural Resources and Environment shall carry out the cancellation or revocation of the registration of land use rights from the sale with right of repurchase upon the buyer's request, after the seller has repurchased the land use rights within the time limit of the sale with right of repurchase from the buyer, or if there is a final court judgment, the sale with right of repurchase contract shall be revoked.
In case there is a final and binding court judgment, the contract for sale of land use rights shall be cancelled. The District Office of Natural Resources and Environment where the land is located shall carry out the registration to cancel that sale contract.

The registration of cancellation or revocation of the contract for sale of land use rights must be completed within two working days from the date of receipt of the request letter from the buyer, the office, or the organization executing the court judgment. The person requesting the registration of cancellation of the sale contract must pay fees and service charges in accordance with laws and regulations.

1.4 Registration of change in status of land use rights under contract

1.4.1 Registration of change in contract status
Contractual easement is the use or enjoyment of another person's land to enhance the benefit of one's own land, including requesting permission for passage, laying or placing electrical cables or pipes, and allowing water to flow through a ditch, for a certain period of time according to the purposes specified in the contract. Such easement arises from the time it is properly registered in accordance with the provisions of the Civil Code and other relevant laws. The contract regarding the easement must be certified by the village administrative authority, the court registration authority, and must be taken to register the transfer of land use rights at the District Office of Natural Resources and Environment where the land is located, upon the request of either party to the contract.
The district-level Office of Natural Resources and Environment where the land is located shall complete the registration of the transfer of land use rights from the current status under the contract within three working days from the date of receipt of the application, by reconciling between the contracting parties and the land owner, and making a record of the reconciliation in the prescribed form. The applicant must pay fees and service charges in accordance with laws and regulations.

Before proceeding with the registration of the transfer of land use rights from the current status under the contract, if there is an objection from a directly related person or a person who has obtained the land use right, the registration shall be suspended until the issue is resolved.

For the registration of the current status under the contract that is temporary in nature, with a specified period as stipulated in
Contract, without amending the land title deed, but shall record on the back of the relevant land registration certificate and land title deed, within the scope of responsibilities specified in Part 2 of Clause 2 of Article 2 and Clause 2.2 of this guideline.

1.4.2 Cancellation or revocation of registration from contractual conditions

The District Natural Resources and Environment Office is responsible for registering the cancellation or revocation of land use rights activities from contractual conditions, upon the proposal of the contracting parties, after the contractual conditions have ended or there is a final and binding court judgment, to revoke that contractual condition.

In the case of a final and binding court judgment, with a written certification from the relevant party
To execute a court judgment, the cancellation of the mortgage under that contract shall be registered at the district-level Office of Natural Resources and Environment where the land is located.

The registration of cancellation of the mortgage under that contract must be completed within two working days from the date of receipt of the application from either party to the contract or the document certifying the execution of the court judgment, and the applicant for cancellation of registration must pay fees and service charges in accordance with laws and regulations.

The documents accompanying the application for cancellation or revocation of the registration of the land use right activity from the contractual mortgage include:

> Application for registration;
> Contractual mortgage agreement;
> Original land title deed;
Copy of ID card or residence certificate and copy of household registration;
Other relevant documents (if any).

1.5 Registration of transfer of land use rights from easement

1.5.1 Registration from easement

An easement is the right of a person to use another person's land, within the scope of the use rights of that land, to create benefits for oneself by constructing something, planting trees, or other things on that land, according to a contract or other legal instrument.

The user of the easement may exercise their rights as stipulated in the contract or other legal instrument, but must not cause damage or conflict with the rights and interests of the state, society, or other persons.

The grantor of the easement must ensure that the user of the easement can fully use their land, according to
As stipulated in the contract or other regulations.

Acquisition of land residual rights shall be from the time of proper registration of land residual rights in accordance with the law, at the district-level Office of Natural Resources and Environment where the land is located, carrying out the registration of the transfer of land use rights from the land residual rights, upon the request of the user of the land residual rights or the grantor of the land residual rights, to be completed within three working days from the date of receipt of the request, with settlement between the contracting parties and the landowner, and making a settlement record in the prescribed form, and the requester shall pay fees and service charges in accordance with laws and regulations.

Before carrying out the registration of the transfer of land use rights from the land residual rights, if there is a request
Objections from directly interested parties or those who have obtained land use rights shall be suspended until resolved.

1.5.2 Transfer of Easement Contract

The easement holder may transfer their easement to another person for the remaining period. If the easement contract does not specify a period, it shall be carried out as stipulated in Section 2 of Clause 1.5.4 of this guideline.

The registration of the transfer of the easement contract must be completed within two working days from the date of receipt of the application from the transferor of the easement contract or receipt of a certification letter from the relevant party regarding the implementation of a court judgment, etc., and the applicant for the transfer of the easement contract must pay fees and service charges in accordance with laws and regulations.
1.5.3 Succession of Land Lease Contract

The successor of a land lease contract may succeed in accordance with the provisions of the land lease contract.
Unless the contract or other legislation provides otherwise.

The registration of the succession of the land lease contract must be completed within two working days
from the date of receipt of the application of the successor of the land lease contract or receipt of a certification from
the relevant party in the implementation of a court decision, and the applicant for succession of the land lease
contract must pay fees and service charges in accordance with laws and regulations.

1.5.4 Cancellation or Revocation of Land Lease Registration

The land lease right shall terminate in any of the following cases:
1) Expiration of the term as specified in the contract or other legal instrument regarding the easement;
2) The easement holder has renounced their right, if the contract or other legal instrument does not specify a term, provided that they notify the servient landowner five or six months in advance, or pay the easement fee for another six months or one year, and such notification or payment must be evidenced in writing by both parties;
3) Within twenty to thirty years, depending on the type and circumstances of the purpose of use and the conditions agreed upon regarding the easement, if the contract or other legal instrument does not specify a term. When the easement terminates, the easement holder is responsible for restoring the land to its original condition, unless the contract or other legal instrument provides otherwise.
The district-level Office of Natural Resources and Environment shall carry out the registration of cancellation or removal of land use rights activities from the land use rights, upon the request of the land use rights holder or the grantor of the land use rights, after the land use rights have expired or there is a final and enforceable court judgment, and shall remove that land use rights.

In the case of a final and enforceable court judgment, with a certificate of enforcement of the court judgment from the relevant party, the registration of cancellation of the land use rights contract shall be carried out at the district-level Office of Natural Resources and Environment where the land is located.
Shall be completed within two working days from the date of receipt of the application letter from the land use right holder or the land grantor, or receipt of certification from relevant parties in implementing the court's decision. The applicant for cancellation of registration must pay fees and service charges in accordance with laws and regulations.

The documents accompanying the application for cancellation or removal of registration of land use right activities from the land use right include:

- Application for registration;
- Contract from the land use right;
- Original land title deed;
- Copy of identity card or residence certificate and family registration;
- Other relevant documents (if any).
1.6 Registration of land use rights transfer from purchase and sale of state-limited allocated land use rights
1.6.1 Registration of transfer from purchase and sale of state-limited allocated land use rights
If the owner of land use rights obtained from purchasing state-limited allocated land use rights leases such land use rights to individuals, legal entities, and organizations, domestic and foreign, or uses such land use rights as collateral for loans, or sells them by deposit for the remaining term, they must notify and register the transfer of land use rights at the Provincial Department of Natural Resources and Environment where the land is located.
The lease contract, guarantee contract, or sale by deposit contract must be certified by the court registration authority.
Take the said contract to register the transfer of land use rights at the provincial Department of Natural Resources and Environment where the land is located, upon the proposal of the owner of such land use rights. The provincial Department of Natural Resources and Environment where the land is located is responsible for registering the transfer of land use rights obtained from the purchase of state-allocated land use rights with a definite term, upon the proposal of either party to the contract, to be completed within three working days from the date of receipt of the request, and must conduct mediation between the contracting parties and the land official and make a mediation record according to the prescribed form. The proposer must pay income tax from the lease of land use rights, fees, and service charges in accordance with laws and regulations.
1.6.2 Cancellation or revocation of registration from the purchase and sale of the right to use state-allocated land with a term

The Provincial Department of Natural Resources and Environment is responsible for registering the cancellation or revocation of the activity of the right to use land obtained from the purchase of the right to use state-allocated land with a term, upon the proposal of either party to the contract, after the contract has expired or upon a final court judgment, the contract shall be revoked.

In the case of a final court judgment, with a certification letter from the relevant sector for the implementation of the court judgment, the registration of contract revocation shall be carried out at the Provincial Department of Natural Resources and Environment where the land is located.
The cancellation of registration of land use rights activities obtained from the purchase of state-allocated land use rights with a definite term must be completed within two working days from the date of receipt of the application document from either party to the contract or receipt of a certification document from the relevant sector regarding the implementation and the court judgment. The applicant for cancellation of registration must pay fees and service charges in accordance with laws and regulations.

The documents accompanying the application for cancellation or revocation of registration of land use rights activities from the purchase and sale of state-allocated land use rights with a definite term include:

- Application for registration;
- Purchase and sale contract for state-allocated land use rights with a definite term;
- Original land title deed;
-- Certificate of residence or copy of ID card

- If it is a legal entity or social organization, must have a copy of business license, enterprise registration certificate or social organization establishment permit;

- If it is a stateless person, stateless person, foreigner and foreigner of Lao descent and their organizations established with state permission, must have passport, copy of business license, enterprise registration certificate;

-- Other relevant documents (if any).

Identity and domicile documents;

2. Procedure for registration of land use rights activities

Registration of land use rights activities includes the following steps:

2.1 Step one:

The land use rights owner or authorized representative submits an application or proposal according to the prescribed form
Prescribed and other relevant documents, in each case, at the District Natural Resources and Environment Office where the land is located, to conduct verification of the correctness of the land title deed within five working days from the date of receipt of the application, by comparing with the land registration certificate, land registration book, and registration book, checking the land title map, and reviewing the relevant land file. If it is found to be correctly belonging to the person concerned and not used for other purposes, no objection, no dispute, no seizure by relevant agencies, then the District Natural Resources and Environment Office issues a certificate of correctness of the land title deed and collects service fees as prescribed in the Presidential Decree on fees and service charges for each period.
For the registration of activities related to lease or concession of state land, submit an application or declaration at the Provincial Department of Natural Resources and Environment or the Department of Land, Ministry of Natural Resources and Environment, according to the scope of responsibility for authorizing leases and concessions as stipulated in laws and regulations.

2.2 Step Two:

The District Office of Natural Resources and Environment, after verifying the correctness of the land title deed, provides it to the land use right holder or authorized representative to take the said documents to the registration authority where the land is located to certify the correctness of the contract content according to the law. Contracts and documents that have been certified for correctness of content by the registration authority must be brought
Registration of land use rights transfer at the District Office of Natural Resources and Environment
To monitor the transfer of such land use rights in accordance with the law.

For the registration of transfers related to lease or concession contracts of state land, such registration shall be made at the Provincial Department of Natural Resources and Environment or the Land Department of the Ministry of Natural Resources and Environment, within the scope of responsibility for authorizing leases and concessions as stipulated by laws and regulations, without duplication with land officials.

2.3 Step Three:

After the District Office of Natural Resources and Environment has received the contract and documents certified by the court registration authority, calculate the land-related fees and service charges according to
As stipulated in the President's Decree on fees and service charges. Thereafter, the land use right holder shall deposit the money into the state budget account in accordance with laws and regulations.

Then, proceed with the registration of land use right transfer, by mutual agreement between the contracting parties and the land official, and sign a joint memorandum, then record the registration in the contract and other relevant documents, with the signature of the technical team responsible for land affairs, and record it in the land use right transfer registration book on the back of the land title deed and land certificate, then the head of the District Natural Resources and Environment Office shall sign within two days.
The decision takes effect from the date of signing the memorandum between the contracting parties and the land authority. In case of cancellation or revocation of the registration of land use rights transfer, the cancellation or revocation shall be recorded on the back of the land title deed and land certificate as prescribed.

In case the printed table on the back of the land title deed and land certificate is fully filled with registrations of land use rights transfer, the appendix table for registration of land use rights transfer shall be attached to the back of the land title deed and land certificate.

After the registration of each type of land use rights transfer is completed, the contract or related documents shall be kept in the relevant land file for long-term evidence.

Section 3
Types and Procedures for Registration of Changes in Land Use Rights

1. Types of Registration of Changes in Land Use Rights
The types of registration of changes in land use rights include the following:

1) Inheritance;
2) Sale and purchase of land use rights;
3) Contribution of land use rights as capital;
4) Gift or transfer of land use rights;
5) Exchange of land use rights;
6) Revocation of land use rights;
7) Transfer of land use rights;
8) Natural and legal status;
9) Court judgment.

If an objection has been raised but the person concerned has not formally submitted it, the relevant parties shall conduct mediation or resolve it according to the law, or if no lawsuit has been filed with the court within twenty working days from
From the date of filing the objection, the objection shall be considered as having no grounds for that objection.

In the case where there is a final and binding court judgment, the parties involved in that case or other unrelated persons who have filed an objection or protest as specified in paragraph 1 of this article,

shall not be considered.

1.1 Registration of Inheritance

Inheritance is the transfer of the estate of the deceased to the heir according to law or will. The inheritance of land use rights is the right to receive the land use rights of the deceased estate owner, which devolves to the entitled heir according to law or will.
Inheritance is the property owned by the deceased, including the rights and obligations of the person concerned, except for rights and obligations which by law or contract are required to be performed personally by the deceased during his or her lifetime.

The succession of land use rights according to law is ranked in the order of inheritance under the Civil Code as follows:

- Biological children, adopted children, stepchildren of the deceased, including a child in the womb, have the same right to inherit, with the mother managing the share on behalf of the child;
- The surviving spouse of the deceased;
- Father, mother, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, great-grandparents of the deceased;
- Siblings, uncles, aunts, nephews, nieces, grandchildren of the deceased.
The State, a legal entity, or other person as provided by law.

The division of inheritance that is a land use right shall be carried out in accordance with Articles 576 to 585 of the Civil Code, No. 55/NA, dated December 6, 2018.

Inheritance of land use rights by will is the expression of the will of the owner of the land use right to give his/her land use right to a person, legal entity, or organization, made in writing or orally. The will takes legal effect from the date of death of the property owner. Inheritance by will is provided for in Articles 590 to 615 of the Civil Code, No. 55/NA, dated December 6, 2018.

The documents accompanying the application for registration of inheritance of land use rights include:

- Application for registration;
-- Certificate of inheritance according to law or will (if there is division of inheritance, attach the record of division of inheritance);
-- Title deed (certifying the authenticity of the land title);
-. Certificate of family relationship (transferor and transferee);
-- Original land title;
-- Copy of the latest annual land tax declaration or receipt;
- Copy of identity card or residence certificate and household registration of the heir;
-. Other relevant documents (if any).

1.2 Registration of sale of land use rights

The sale of land use rights is an agreement between the parties to the contract, whereby the seller has the obligation to transfer his/her land use rights to the buyer, and the buyer must accept such land use rights and has the obligation to pay the price as agreed.
Agreed. The seller must be the owner of the land use right in the land being sold; if the land use right sold to the buyer is confiscated by court judgment, the seller must compensate the buyer for damages.

The contract for sale of land use right must be certified by the village administrative authority, the court registration authority, and must be registered for the change of land use right from the sale, and the buyer will become the owner of the land use right.

From the date of registration of the change of land use right, by issuing a land title deed to the buyer.

Individuals, legal entities or organizations engaged in the sale of land use rights, including land allocation.
Subdividing and selling land in a business-like manner without having obtained a land business license from the Ministry of Natural Resources and Environment as stipulated in the agreement on land business is strictly prohibited. District Offices of Natural Resources and Environment or Provincial Departments of Natural Resources and Environment shall not issue land titles to buyers.

The documents required for the application for registration of the purchase and sale of land use rights are as follows:

> Application for registration;

- Contract for the sale of land use rights (using the standard form for transfer of land use rights);

-- Proof of payment through the banking system;

.. Certificate of relationship (transferor and transferee);

-- Original land title;

-. Copy of the latest annual land tax declaration or receipt;
Copy of identity card or residence certificate and copy of census of the land use right buyer;

- Other relevant documents (if any).

1.3 Registration of contribution of land use rights as shares

Individuals, legal entities or organizations that are Lao citizens may contribute their land use rights as shares in joint ventures with enterprises of Lao or foreign nationals that are duly registered under the laws of the Lao PDR, by assessing the land value and registering the change of land use rights as stipulated in Article 105 of the Land Law. Land use rights acquired through the purchase of state-allocated land use rights for a definite term may also be contributed as shares in joint ventures with enterprises of Lao or foreign nationals in the same manner.
The contribution of land use rights by individuals, legal entities, and organizations that are Lao citizens as capital contribution to a Lao enterprise shall be registered by changing the name on the land title deed, issued to: the name of the enterprise receiving the land use rights as shares. For the acquisition of land use rights, the following words shall be written: "Contributed as shares under contract No., dated" of the contribution of land use rights as shares, and the ownership status of land use rights shall be written as: "Contributed as shares" with the percentage of contribution indicated.

The set of documents for the application for registration of contribution of land use rights as shares includes:

- Application for registration;
- Contract for contribution of land use rights as shares;
- Original land title deed;
Copy of the latest annual land tax declaration or receipt;

-- Copy of enterprise registration certificate;

-- Economic-technical feasibility study;

-. Other relevant documents (if any).

For the procedures, methods, and solutions regarding the contribution of land use rights as shares in joint ventures with foreign enterprises and the contribution of state land use rights as shares or collateral, they are stipulated in specific regulations.

1.4 Registration of transfer or waiver of land use rights
Transfer of land use rights is the agreement of the land use right holder to voluntarily give their land use rights to another person without demanding any compensation, and the recipient agrees to accept such land use rights.
Transfer of land use rights is an agreement by the owner of land use rights to give their land use rights to another person, whereby the recipient must perform certain obligations before or after receiving the land use rights. The recipient becomes the owner of the land use rights only upon full performance of such obligations. In case of incomplete performance or inability to perform, the transferor has the right to cancel the contract.

Documents for application for registration of transfer or donation of land use rights include:
- Application for registration;
- Certificate of transfer of land use rights or certificate of donation of land use rights;
- Original land title deed;
- Copy of the latest annual land tax declaration or receipt;
- Copy of identity card or residence certificate and copy of household registration of the land use right holder;
- Other relevant documents (if any).

1.5 Registration of Exchange of Land Use Rights

Exchange of land use rights is an agreement between contracting parties whereby one party transfers its land use right to the other party, and the other party transfers its land use right or other property owned by it in return.

The contract for exchange of land use rights shall follow the same procedures as the contract for sale of land use rights. The exchange contract becomes effective when the contracting parties have delivered the land use right or other property to each other.
When registering a land use right exchange contract, the higher value of the land plots shall be used as the basis for calculating the registration fee and income tax from the transfer of land use rights under the exchange contract. The payment of such fees shall not be made separately by each party, but shall be paid in a lump sum according to the calculation of the registration fee, and then the registration shall be recorded in the contract and related documents of each land plot file, and a new land title deed shall be issued to the contracting parties. If land use rights are exchanged for other property, the value of the land shall be used as the basis for calculating the registration fee and income tax from the transfer of land use rights.

Documents accompanying the application for registration of land use right exchange include:

> Application for registration;

-. Land use right exchange contract;

-. Original land title deed;
- Copy of the latest annual land tax declaration or receipt;

- Copy of identity card or residence certificate and copy of family registration of the contracting party;

- Other relevant documents (if any).

1.6 Registration of Land Use Right Withdrawal

The Government decides to withdraw state land use rights from party organizations, state agencies, the Lao Front for National Construction, the Lao Veterans Federation, mass organizations, collective organizations, and state enterprises at the central level, upon the proposal of the Ministry of Natural Resources and Environment.

The Governor of the province, the Mayor of the capital decide to withdraw state land use rights from party organizations, state agencies, the Lao Front for National Construction, the Lao Veterans Federation, mass organizations, collective organizations, and state enterprises at the local level, upon the proposal of the Provincial or Capital Department of Natural Resources and Environment.
Local enterprises, as proposed by the Provincial Department of Natural Resources and Environment.

For the revocation of state land use rights from individuals, legal entities, or organizations that do not actually use the land, or use it improperly according to law or contract, fail to pay land use fees, such as selling land use rights to lessees or concessionaires without authorization, the Department of Natural Resources and Environment shall study and consider proposing to the government or provincial administrative authority for revocation, based on consensus with relevant sectors and local administrative authorities.

The documents for the application for registration of revocation of land use rights include:

- Application for revocation registration;
- Government decree on revocation of state land use rights, or decree of the provincial governor or mayor of Vientiane on revocation of state land use rights;

- Original land title deed;

- Decree on granting state land use rights;

- State land use rights permit;

- Lease or concession contract for state land (in case of lease or concession of state land);

- Copy of the latest annual land tax declaration or receipt (in case not being a lease or concession of state land);

- Other relevant documents (if any).

1.7 Registration of transfer of land use rights

When it is necessary to use land of an individual, legal entity, or any organization for
For public benefit, the State shall revoke the land use right, and the State must compensate the relevant person for damages, such as: construction of roads, schools, hospitals, parks, airports, power transmission lines, drainage channels, irrigation, water supply, landfills, waste treatment facilities.

In such compensation, a committee must be appointed to assess damages to property on the land and land prices as stipulated in Article 109 of the Amended Land Law of 2019, with the participation of the land use right holder.

When it is necessary to use land of an individual, legal entity, or any organization for investment, lease, or land concession activities according to the national socio-economic development plan, the State shall revoke the right.
The state must compensate the relevant parties for the recovery of land use rights, such as for agricultural projects, tree planting, mining, hydropower development, roads, industrial zones or industrial parks, and special economic zones.

In such compensation, a committee must be established to assess property damage on the land and land prices, as stipulated in Article 109 of the Amended Land Law of 2019, comprising relevant sectors, the project-responsible sector, the project owner, the land use right holder, and relevant local authorities.

The set of documents for applying for registration of transfer of land use rights includes:

-- Application for registration;

-. Agreement on the transfer of land use rights;

-- Original land title deed;
-- Land use right transfer agreement (in case of land replacement);
-. Certificate of ownership of property (in case of compensation in kind);
-. Certificate of receipt of money (in case of compensation in cash);
-- Copy of the latest annual land tax declaration or receipt (for the land plot whose use right is transferred);
-- Other relevant documents (if any).

1.8 Registration of changes from purchase and sale of state-allocated land use rights with a term

If the project owner has purchased the state-allocated land use right with a term but intends to transfer that development project to a new developer, domestic or foreign, they must notify the government or the provincial administrative organization that sold the state-allocated land use right with a term, within the scope of authority.
As stipulated in Article 125 of the Land Law.

If the holder of the land use right, obtained from purchasing the state-allocated land use right for a definite term (in installments) from the project developer, intends to transfer (purchase, sale, exchange, gift, or contribute as shares), inherit the land use right, or sell on a remaining term basis to individuals, legal entities, or domestic or foreign organizations, they must notify and register the change of land use right at the Department of Natural Resources and Environment of the province where the land is located, upon the proposal of the said land use right holder.

1.9 Registration of natural and legal mortgage

Natural and legal mortgage is the use or utilization of another person's land to
To increase the benefit of one's land in requesting permission for passage, laying or installing electric wires and pipes, and allowing water channels to flow through.

Any person whose house is surrounded by houses or land used by others, without an exit to a road, has the right to request passage from the person who has the right to use the land closer to the road. The person who has the right to use the requested land must allow passage but has the right to claim compensation for damage to crops or structures caused by the use of the land as a passage, as appropriate.

In the case of laying or installing pipes, electric wires, telephone lines, digging ditches or laying drainage pipes, water supply pipes through the land of the person who has the right to use, causing trees or crops of the concerned person to be destroyed or damaged,
Then that person may also claim damages resulting from that act. If the land user has already received benefits, those damages shall not be calculated again.

Any person who needs to drain water from their land has the right to request digging a drainage ditch through the land of the downstream neighbor or the person near the watercourse. The requested person must allow the digging of the drainage ditch but has the right to claim compensation for damage to crops or structures caused by the digging. The person requesting to dig the drainage ditch must maintain the hygiene and proper condition of the ditch.

Documents accompanying the application for registration of natural servitudes according to law include

--5

As follows:
- Application for registration;
- Record of resolution regarding passage, laying or placing pipes, electric wires, telephone lines, digging ditches
or laying drainage pipes, water supply pipes through the land of the right holder;
Original land title deed;
Receipt of payment (in case of monetary compensation);
Copy of identity card or residence certificate and copy of household registration of the land use right owner;
Copy of the most recent annual land tax declaration or receipt;
Other relevant documents (if any).
For registration of natural and legal status that is permanent, with amendment of the land title deed and payment of fees and service charges according to regulations.

3.

(To be continued)

20

1.10 Registration pursuant to court decision

When a court judgment or ruling has become final and binding, and there is a court enforcement order or case closure order, the change of land use rights shall be registered and a new land title deed shall be issued to the person.
Obtain land use rights according to a court judgment or decision.

In case of document forgery for illegal transfer of land use rights, when the court recognizes the land use rights to the original owner, during the re-registration of the transfer of land use rights, no land income tax shall be levied.

Documents required for the application for registration based on a court judgment include:

- Application for registration;
- Court judgment or decision;
- Court order for execution of the judgment;
- Record of execution of the court judgment;
- Order closing the case (if any);
- Original land title deed;
- Copy of identity card or residence certificate and copy of family register of the land use rights owner;
- Other relevant documents (if any).
Registration for subdivision and consolidation of land plots is specified in specific regulations.

2. Procedures for registration of change of land use rights

Registration of change of land use rights includes the following steps:

2.1 Step one:

The land use right owner or authorized representative submits an application or proposal in the prescribed form and other relevant documents for each case to the District Office of Natural Resources and Environment where the land is located, in order to verify the correctness of the land title deed within one working day from the date of receipt of the application, by comparing with the land registration certificate, land registration book, and registration book, checking the cadastral map, and examining the relevant land files; if it is found to be correct and truly belonging to the person concerned.
and not used for other purposes, no objection, no dispute, no seizure by relevant agencies
Then the district-level Natural Resources and Environment Office issues the certificate of correctness of the land title
and collects service fees as stipulated in the Presidential Decree on fees and service charges.

For registration of changes related to the purchase and sale of the right to use state-allocated land with a term,
submit an application or proposal to the provincial Department of Natural Resources and Environment as stipulated in laws and regulations.

2.2 Step Two:

The district-level Natural Resources and Environment Office, after verifying the correctness of the land title
The land shall be provided to the land use right holder or authorized representative to submit the said documents to the notary office where the land is located to certify the correctness of the contract content in accordance with the law. Contracts and documents that have been certified for correctness of content by the notary office must be brought to register the change of land use rights at the District Office of Natural Resources and Environment to record the change of land use rights in accordance with the law. For the registration of changes related to the purchase and sale of allocated state land use rights with a term, it must be registered at the Provincial Department of Natural Resources and Environment as stipulated in laws and regulations. 2.3 Step Three:
After the district-level Natural Resources and Environment Office receives the contract and documents certified by the court registration authority, it shall calculate the fees and service charges related to land in accordance with the provisions of the Presidential Decree on Fees and Service Charges. Thereafter, the land use right holder shall deposit the money into the state budget in accordance with laws and regulations.

Subsequently, proceed with the registration of the change in land use rights by mutual agreement between the contracting parties and the land authority, and sign a joint memorandum. Then, register on the contract and other relevant documents, and affix the signatures of the technical unit responsible for land affairs, and record.
Enter into the land use right change registration book to issue a new land title to the new land use right owner, to be completed within four working days from the date of signing the memorandum of agreement between the contracting parties and the land official together.

For registration of change of land use right from revocation or transfer of land use right back, according to natural conditions, law and court judgment, it is not necessary to consult with the land official.

For subdivision and consolidation of land plots, the registration shall be completed within fifteen working days from the date of signing the memorandum of agreement between the contracting parties and the land official together.

Section 4

Management, protection,
storage methods, copying and creation of land plot files
1. Management of Land Parcel Files

Management of land parcel files is the storage of land parcel files in a database system securely at the district-level Office of Natural Resources and Environment or the provincial-level Department of Natural Resources and Environment, arranged in order according to the code of each village, and sorted by the issuance order of land registration certificates and land titles for each parcel within the village, starting from number one to the last number. One land parcel file box contains twenty-five land parcel files, arranged in order by land title number.

Management of land parcel files is a core task of utmost importance because it is a collection of information and key evidence for each land parcel, such as: documents related to persons, documents related to acquisition
of land use rights and various technical documents created by staff to serve as a basis for registration and issuance of land titles to land use right holders.

Whenever there is a registration of transfer or change of land use rights, there must be a record in the tracking book for the handover of land files between the land official responsible for managing the land file system and the land official responsible for registration of transfer or change of land use rights, who is based at the District Office of Natural Resources and Environment.

In any case, the information in the land files is strictly prohibited from being changed or modified without authorization.
The District Office of Natural Resources and Environment is the custodian of land case files. In case the District Office of Natural Resources and Environment does not yet have a standard archive for storing case files, they shall be kept in the archive of the Provincial Department of Natural Resources and Environment until they have their own archive.

For the management of land case files related to registration and issuance of land titles to lessees or concessionaires of state land, the purchase and sale of limited-term rights to use state-allocated land, registration of land for condominium construction, including the registration of transfers and changes of such land use rights, shall be kept at the Provincial Department of Natural Resources and Environment.
Land files that have been registered and issued land titles to lessees or concessionaires of state land and purchasers of the right to use allocated state land for a definite period shall be kept at the Provincial Department of Natural Resources and Environment.

2. Preservation of Land Files

Land files must be kept at the District Office of Natural Resources and Environment or the Provincial Department of Natural Resources and Environment, ensuring safety by using temperature and humidity control systems, fire prevention, insect prevention, equipment, and document maintenance, guaranteeing no degradation, damage, or loss, for long-term use as evidence. For land files that have been registered and issued land titles to lessees or concessionaires of state land and purchasers of the right to use allocated state land for a definite period, they shall be kept at the Provincial Department of Natural Resources and Environment.
State land and purchasers of the right to use allocated state land with a term shall keep the files at the Provincial Department of Natural Resources and Environment.

Land files shall be kept in paper system and electronic document system.

3. Method of storing land files
The method of storing land files is to store all contracts and documents related to the registration of activities and changes in land use rights upon completion of registration.

In case of registration of land subdivision or consolidation, a new file shall be created and the old land file shall be closed, then a copy of all newly created land files shall be made from the paper system into electronic documents, after which, those land files
Enter the warehouse system to monitor, inspect the movement and changes of land use rights. For the registration of land parcel subdivision or consolidation, it is stipulated in separate regulations.

The storage of land parcel files shall be carried out according to the methods and division of responsibilities as follows:

3.1 District Office of Natural Resources and Environment

-- After registering the movement and changes of land use rights, copy the said contracts and documents from the paper system into electronic documents, then bring the said contracts and documents into the relevant land parcel files according to the file storage system in the warehouse, and also send the electronic documents to the Provincial Department of Natural Resources and Environment.
Environment, provincial level, to monitor and inspect the activities and changes of land use rights. Such data will be connected to the database of the Department of Land, Ministry of Natural Resources and Environment.

-. If the district-level Office of Natural Resources and Environment does not have a land document archive, after completing the registration of activities and changes of land use rights, they shall copy those contracts and documents from the system into electronic documents, then submit those contracts and documents along with the electronic data to the provincial Department of Natural Resources and Environment within no more than fifteen working days, for inclusion in the land document file.
Related, according to the system of storing land case files in the warehouse system of the Provincial Department of Natural Resources and Environment, to monitor and inspect the movement and changes of land use rights. Such data will be connected to the database of the Department of Land, Ministry of Natural Resources and Environment.

3.2 Provincial Department of Natural Resources and Environment

After registering lease or concession contracts of state land, the purchase and sale of time-limited use rights of state-allocated land, and the registration of condominium land, the said contracts and documents shall be scanned from paper system into electronic documents, then these contracts and documents
Enter into the relevant land title files, according to the document filing system in the warehouse system, to monitor and inspect the movement and changes of land use rights. Such data will be linked to the database of the District Natural Resources and Environment Office and the Department of Land, Ministry of Natural Resources and Environment.

4. Method of storing land title files.

The storage of land title files shall be carried out as follows:

-- The arrangement of land title files in boxes shall be in order of land title number, then by village in ascending order, using the village code issued by the National Statistics Center to facilitate finding the storage location;
- In case of needing to use a land file, look at the list of villages of the district attached to the outside of the sliding cabinet or the land file cabinet. Each sliding cabinet or land file cabinet has a label indicating the villages contained therein, arranged in order of land parcel numbers;

- In storing land files for each village, about ten empty boxes are reserved to accommodate new land files created from subdivision or consolidation of land parcels;

- When placing land files into the file boxes, always put the side with the file label facing upward to facilitate searching for land parcel numbers.
- When storing land case file boxes in a sliding cabinet or land case file storage cabinet, they should be placed vertically so that the box has a handle to pull out when needed, and the bottom of the sliding cabinet should have space for placing the file box when searching for cases;

-- Land case file boxes will gradually increase in document volume in the event of registration activities and changes in land use rights, as the registered documents will be inserted into the relevant case files. One land case file box holds twenty-five land case files; if it is found that there are too many case files in one box, a new box may be created. In cases where storage has already been done in the past in one box containing fifty land case files, proceed accordingly until full.
Then, it can also be made into a new box;

- If a box is found to be broken, cracked, and cannot be repaired, replace it with a new box;

- If any land case file is found not in order, it must be rearranged and stored in the correct order;

- If a box of land case files is found not in order, it must also be rearranged and placed in the correct order;

- When there are land case files sent from the unit responsible for registration and issuance of land titles that have not yet been signed, they shall not be stored in the archive system yet, but must be kept in an appropriate and safe place pending signature;

- If land officials conduct research on the registration of activities and changes in land use rights; division and consolidation of land plots; issuance of copies of land titles; correction of accuracy
Must have land title deed; to resolve administrative disputes and other cases, contact the land file custodian to retrieve the land file. The custodian will record in the land file tracking book the number, date of the land title deed, delivery time, and the name of the person receiving the land file, along with signatures. When the land file is returned, it must also be recorded and signed.

-- The staff responsible for the file warehouse must follow up and demand the return of land files from the land division staff who signed to receive them, according to the time specified in the file tracking book. In case of failure to return on time, reasons and results must be explained, and a new deadline recorded.
Time to re-enter the case file register. Staff in the land sector who take the land document case file, together with the archive staff, must be responsible for maintaining the original condition and completeness of such case file. In case any case file or document within the case file is damaged or destroyed, the person concerned must be held accountable under the law.

- If another party needs information from the land document case file, permission must be obtained from the head of the District Natural Resources and Environment Office or the head of the Provincial Natural Resources and Environment Department, then contact the staff managing the land document archive to copy the case file or any document within the land case file. The staff managing such archive must make the copy.
Any file or document in the land file, upon request, and recorded in the tracking logbook;
Land document file;

-. The storage and retrieval of land documents is the responsibility of the staff managing the land document storage warehouse only. Other unrelated parties are strictly prohibited from entering the land document file storage room without authorization;

-- The land document file storage warehouse must be kept clean at all times.

5. Copying of land document files
Copying of land document files means reproducing documents in the land document file for use as evidence or legal reference, upon request of the land use right owner and the organization.
Relevant state organs, including the People's Courts, the People's Procuratorates, investigation and inquiry officials, state inspection agencies at all levels, relevant committees of the National Assembly, and provincial People's Councils.
Copying of land case files may be carried out under any of the following conditions:

- In case of a written request from the land use right holder, the land official maintaining the land case file shall copy the documents in the file for the requester, within no more than three working days, and the requester must pay the service fee for copying the land case file as stipulated in the Presidential Decree on Fees and Services;

- In case of a written request from a relevant state organization, the land official
The custodian of the land case file is the person who copies the documents in the file, within no more than five working days, and then shall make an official letter to send to that agency, exempting the service fee for copying that land case file.

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6. Re-creation of the land case file

If the land case file is damaged, a new file shall be created according to the following cases:

-- For a land case file that has not yet been copied all documents in the file into the paper system,
In the electronic document system, such as data on acquisition of land use rights, land survey and measurement data, and specific land mapping, if all or part of the case files are damaged, the land officer must report the reason for the damage to the head of the District Natural Resources and Environment Office for a decision on recreating the case file. Thereafter, upon approval, the land officer must prepare the documents according to the prescribed forms and coordinate with the village administrative authority where the land is located to re-sign the documents. The land use right holder shall not pay fees or service charges, but the land use right holder shall provide copies of the household registration or ID card, address certificate, and business registration certificate to the land officer. Time limit
Recreate the land file dossier, to be completed within five working days from the date of notification of the damage to said dossier;

In the case of land file dossiers that have been registered and issued land titles for state land lessees or concessionaires, and purchasers of state-allocated land with a definite term, if damaged, it is the responsibility of the Provincial Department of Natural Resources and Environment to carry out the recreation of the land file dossier, to be completed within five working days from the date of notification of the damage to said dossier.

-- If the paper-based land file dossier is damaged, and all documents in the paper-based land file dossier have been scanned and copied into the electronic document system and stored in the database,
After collecting land data and storage equipment, the land officer must report the reason for the loss to the head of the District Office of Natural Resources and Environment for a decision on recreating the file. After obtaining approval, the land officer must recreate the paper-based land document file by printing all documents from the electronic document system, with certification of the recreation signed by the head of the District Office of Natural Resources and Environment.

In the case of land document files that have been registered and issued land titles to lessees or concessionaires of state land and purchasers of time-limited allocated state land use rights, if damaged, the responsibility lies with the
Provincial Department of Natural Resources and Environment, with certification signed by the Head of the Provincial Department of Natural Resources and Environment regarding the creation of land files.

7. Responsibilities of land officials in charge of maintaining copies of land document files
Land officials responsible for maintaining land files, if they intentionally cause the land document file or some documents in such file to be lost, damaged, deteriorated, incomplete, forged, destroyed, or insert new documents into the land file without authorization, shall be subject to disciplinary action or criminal punishment according to the law.

Chapter 5
Fees, service charges
and payment for the purchase and sale of land use rights
1. Payment of Fees and Service Charges
Individuals, legal entities or organizations who are Lao citizens and purchasers of limited state-allocated land use rights, who have registered the transfer and change of land use rights, must pay fees and service charges as stipulated in the Presidential Decree on Fees and Service Charges.

2. Collection of Fees and Service Charges
The finance sector collects fees for registration of transfer and change of land use rights as stipulated in the Presidential Decree on Fees and Service Charges and the land income tax as stipulated in the Income Tax Law and related regulations.
The natural resources and environment sector collects service charges related to land as per the law.
Regarding the Land Law, the President's Decree on Fees and Service Charges, and related regulations.
3. Payment for the purchase and sale of land use rights
Individuals, legal entities or organizations that are Lao citizens, who purchase and sell land use rights, including stateless persons, foreigners, foreign nationals of Lao origin, and organizations of such persons, who live and operate legally in the Lao PDR, and who purchase and sell state-allocated land use rights on a term basis, must make payment for the purchase and sale of land use rights through the banking system, such as commercial banks or microfinance institutions or legal entities that are payment service providers licensed by
The Bank of the Lao PDR then attaches the payment confirmation to the land file before proceeding with the registration of the change in land use rights and issuing a new land title to the buyer. If payment is not made through the banking system, the registration of the transfer of land use rights to the buyer will not be carried out. Payment for the purchase and sale of land use rights through the banking system has two channels: 1) through service counters at the office, agent or service point of the payment service provider; 2) through electronic means, such as: internet banking, mobile banking, various ATMs. For the purchase and sale of land use rights by poor individuals or families living in remote rural areas, far from urban centers, who cannot access banking services,
Banks are exempted from making payments through the banking system, but must obtain certification from the relevant departments.
Section 6
Implementation
1. Implementation
The Department of Land, as the lead agency, coordinates with various departments within the ministry, provincial departments of natural resources and environment, and district offices of natural resources and environment to strictly implement this guideline.
Individuals, legal entities, or organizations shall acknowledge and implement this guideline.

2. Effect

This guideline replaces the regulation on principles for registration of land-related legislation No. 500/STN.ODDZ, dated May 9, 2008.
This instruction shall take effect from September 28, 2017 onwards.

Bounkham Vorachit