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Land Ownership

BRUNEI DARUSSALAM

INDONESIA

LAO PDR

MALAYSIA

MYANMAR

PHILIPPINES

SINGAPORE

THAILAND

VIETNAM

1. Acquisition of Land and Building (for business and residential purposes)
Companies are allowed to lease land for their industrial activities. Land with facilities are available for industry, agriculture, agroforestry and aquaculture for a lease term of 10-30 years and are extendible. Lease rates vary with respect to the location Under the 1960 Basic Agrarian Law and the Presidential Decree No. 34/1993 concerning the land cultivation right (HGU) and the right of building on land (HGB) is given to legal entities domiciled in Indonesia including foreign companies and can be used as a collateral or transferred to a third party until the government approval. Foreign investors and nationals are not permitted to own land in Lao PDR.

Foreign investors can lease land for 20 to 30 years from the government or from private entities. Foreign investors can transfer these leases to others and can own, transfer and dispose of improvements or buildings on leased land.

Foreigners are allowed to acquire land and buildings for business and residential purposes.

Foreigners can also buy industrial land. Industrial estates are mostly developed by the State Economic Development Corporations (SEDC). Industrial estates are also developed by other government authorities and by the private sector.

Foreigners cannot own land but can lease it for periods up to 30 years, or more if approved by MIC, from the government. In principle, only Filipinos and/or companies with domestic equity ratio of 60% and over can own public land.

A foreign company establishing a joint venture with the National Development Corporation can own land.

In principle, foreign companies use land in the form of lease from the government. The lease term, initially 30 years can be extended to 60. Lease rates vary with respect to the locations. It is possible to buy factory buildings Under the Land Code, non-Thai individuals and companies are generally not allowed to own land. However, foreign companies promoted by the Board of Investment and oil concessionaires are entitled to land ownership. Moreover, the Land Code provides for non-Thai individuals or companies to own land by the virtue of treaty provisions or by ministerial permission.

The Condominium Act allows foreign individuals and companies to own condominium units provided that the total condominium units owned by foreign entities do not exceed 40% of the total floor area of each condominium.

Foreign individuals and enterprises are not entitled to land ownership.

However, enterprises with foreign-owned capital are allowed to lease land to implement their investment projects. Foreigners also are allowed to rent house for residential purpose.

2. Restriction

N.A.

Land Cultivation Right

Right to use state-owned land for purposes of agriculture, inclu-ding plantation, etc. The title is normally granted for 35 years but may be extended to 60 years and it can be renewed for a maximum period of 35 years if the land is properly maintained and managed. This right is given to Indonesia partner (s) or legal entities domiciled in Indonesia, including PMA companies, and can be used as a collateral.

Right of Building

Right to construct and own buildings. The Title is usually granted for 30 years which can be extended for a maximum of 20 years and can be renewed at the discretion of the National Agency for Land Affairs for a maximum 30 years. It can be used as a collateral.

Right for Use

Right to use land for any purposes for a certain period of 25 years, it can be extended for 20 years. It has no collateral value to the owners and not transferable.

Foreign investors and nationals are not permitted to own land. Ownership of industrial land developed by SEDCs are usually on leasehold basis, ranging from 30 to 99 years. According to Immovable Property Restriction Law (1987), a foreigner or a foreign company cannot lease any immovable property from the private sector more than one year at a time. With the approval of the Department of Agriculture and the Department of Environment and Natural

Resources, foreign companies may enter into service agreements with the Energy Development Board for the exploration, development, and exploitation of energy resources; or with the government or local

shareholders for the exploration, development, and

exploitation of other mineral resources.

N.A.

N.A.

The land lease duration depends on duration of a project and shall not exceed 50 years. However, pursuant to regulations made by the Standing Committee of the National Assembly, the Government may, on a project by project basis, grant a longer duration but the maximum duration shall not exceed seventy (70) years.

 

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