Viladeth sisoulath session 3 moving forward with formalizing land tenure in lao pdr

Page 1

Moving forward with formalizing land tenure

in Lao PDR

May 3, 2023

By: Viladeth Sisoulath and Julian Derbidge, GIZ-LMDP, Lao PDR

Regional Land Forum21-23 June 2016Hanoi, Vietnam

Moving forward with formalizing land tenure in Lao PDR

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PRESENTATION OUTLINE

May 3, 2023

1. Land Issues in Lao PDR

2. Approaches to address land issues and GIZ strategy

3. Concept of Systematic Land Registration


Page 3

Land Issues in rural areas of the Lao PDR

May 3, 2023 Moving forward with formalizing land tenure in Lao PDR

• Large scale land acquisition

• Low formal tenure security

• Limited recognition of customary land tenure

• Unclear legal framework

• Government prioritizes urban and peri-urban areas

• Lack of awareness of land rights

• Limited access to and affordibility of registration and land titles

Page 4May 3, 2023

Urban Rural

Tenure insecurity

Government priority In land titling

Area of Communal Lands


Page 5May 3, 2023

Laos: 24 million ha

Official estimate of “land plots

Land used by smallholders

?

?

Titling Gap

nationwide”: 5 m ha & 2.6 m plots

Titled land:

~800,000 plots


Page 6May 3, 2023

Banana plantation in Northern Laos


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Approaches to address land tenure issues


• Participatory land use planning (PLUP)

• Systematic and inclusive land registration and titling

• Communal land registration and titling

• Recognition of customary land tenure

• Strengthening of community management rights

• Legal awareness raising and education

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Strategy by GIZ LMDP Laos

May 3, 2023

• Support the National Land Policy development through the Land Sub-Sector Working Group (“Round Table” process), the Land Issues Working Group.

• Provide policy recommendations following the VGGT and from practical implementation of systematic land registration, communal land registration and quality investment promotion

• Development of a Concept for Systematic Land Registration• Implementation support to

• Participatory Land Use Planning

• Systematic Land Registration and Titling


Page 9Moving forward with formalizing land tenure in Lao PDRMay 3, 2023

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Concept of Systematic Land Registration


• Systematic and inclusive: Registration of all lands, including Individual, Company, Communal, Collective and State Lands

• Follows the current legal framework and include future recommendations

• Makes best use of existing resources available at sub-national level

• Incorporates appropriate numbers of external contracted staff or volunteers to support sub-national offices in the technical work

• Provides clear working steps with administrative responsibilities and good work organization

• Makes use of the most appropriate and tested modern technologies for surveying and data management

• Provides for a clear target group orientation

• Follows the principles of cost-efficiency

• Provides for a countrywide applicability in view of existing mandates, responsibilities and management capacities.

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Concept of Systematic Land Registration (cont.)


• The concept includes several packages:

• Capacity development

• Awareness raising

• Modern survey technology and cadastral database application

• Standard workflows

• Cost-efficient approach with perspective of sustainable funding mechanism for nationwide application

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• Capacity Development:

• Setup and training of master trainers, backstoppers and database administration at national and provincial levels

• Training of district field teams on (i) adjudication and work processes; (ii) use of modern surveying technology, software and database application; (iii) communication skills

• Training of village authorities and district Lao Women’s Union

• Lessons learnt workshops and exchanges of experiences among teams implementing in different locations

• Engaging academies for long term capacity development

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• Awareness raising:

• Training on communication skills for the district land office and the local Lao Women’s Union

• Awareness raising session before the systematic land registration takes place in the village.

• Separate women’s meeting which is facilitated by the local Lao Women’s Union

• Other awareness raising tools such as: Community Legal Education (CLE) and educational video spots

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Technology Package

Moving forward with formalizing land tenure in Lao PDRMay 3, 2023

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Lao LandReg Window


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Work Organisation,Workflow and Responsibilities of SLR Teams

Phase 1: Preparation of the field work, inc. training, equipment, workplan, budget

Phase 2: Communication for systematic land registration and titling (CSLT): preparation of CSLT toolbox, materials; village meeting; women’s meeting; sub-CSLT

Phase 3: Implementation of surveying and adjudication activities

Phase 4: Data entry in cadastral database

Phase 5: Conclusion of land use rights

Phase 6: Public display

Phase 7: Verification and issuing of land titles

Phase 8: Monitoring and quality control


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Sustainable Funding Mechanism for Countrywide Roll-Out of Systematic Land Registration

Source of Revenue Estimated Amount in billion LAK/year

Remarks

Land Survey Fees (100% for MoNRE) and Land Title Fees (currently 100% to national budget; should be returned entirely to MoNRE)

2.6

10% of annual Land Tax 8.5 As much as possible, land tax should in future be collected through direct tax invoicing system based on Lao LandReg data

10% of subsequent land registration fees (1% registration fee) + 5% income tax on transfers (for Min. of Finance)

3.5

TOTAL 14.6 This amount would be sufficient to fund the SLR activities and would grow in line with the expansion.

Revenue available for land registration under the sustainable funding system


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Outputs through GIZ Support

GIZ program Timeframe Land plots registered

Land titles issued

LMRED+ NUIRDP

2011-2014 9,327 6,235

LMDP 2015-2016 6,013 3,310

Total 15,340 9,445


Page 19May 3, 2023

Land Titles: (from left to right)(i) Private land; (ii) Collective land; (iii) State land


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Some milestones for the future

May 3, 2023

1. Official adoption of Concept of Systematic Land Registration

2. Adoption of the National Land Policy (possibly end of 2016)

• Clear recognition of customary land rights

• Clear definition of communal lands

3. Systematic capacity development of technical staff

4. Roll-out of Lao LandREG in all provinces

5. Roll out of the SLR concept in all (rural) provinces

Page 21May 3, 2023

Thank you for your attention!


Page 2205/03/2023

As a federal enterprise, GIZ supports the German Government in achieving its objectives in the field of international cooperation for sustainable development.

Published byDeutsche Gesellschaft fürInternationale Zusammenarbeit (GIZ) GmbH

Registered offices, Bonn and Eschborn, Germany

“Land Management and Decentralized Planning” (LMDP)c/o Lao-German House, Watnak Nyai Rd., House 247, Unit 19 Thaphalanxay Village, Sisattanak District, Vientiane Capital, Lao PDRT: +856 21 313716E: [email protected] www.giz.de/laos; LMDP

ResponsibleDr. Dietmar HerbonAuthor(s)Viladeth Sisoulath, Julian DerbidgePhoto credits© GettyImages, GIZLayout© GIZ


http://www.giz.de/laos

https://www.giz.de/en/worldwide/31066.html

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