Can China people buy land in Myanmar?

2016 65438+1on October 23rd, the Myanmar federal parliament approved the draft apartment law, allowing foreigners to buy apartments in Myanmar. It is understood that the draft still needs the president's signature to take effect.

The newly adopted draft apartment law stipulates that foreigners can buy apartments (comprehensive ownership houses) according to law, but the number of apartments held by foreigners in an apartment building shall not exceed 40% of the total number. The bill applies to apartment buildings with an area of not less than 20,000 square feet (about 1 1,858 square meters) and no less than 6 floors.

How to define "foreigner" in the detailed rules for implementation?

People except Myanmar nationals (Myanmar red card holders), Myanmar Hakkas (Myanmar blue card holders) and Myanmar immigrants (Myanmar green card holders) are all foreigners.

Some noteworthy points in the implementation rules:

First, for foreign buyers.

1. Foreigners need to consult the registration manager in advance before buying a house;

2. When buying a house, you can only use the foreign exchange income legally remitted to Myanmar from abroad;

3. After buying a house, a foreigner will get a house title certificate uniformly registered and issued by the municipal and housing construction departments, and the householder can freely sell, mortgage, lease or sublet.

Note: There is no clear stipulation in the implementation rules whether foreigners have land ownership after buying a house.

2. Foreign investors or joint ventures in apartment projects.

1. The apartment law applies to high-rise residential buildings with more than six floors, with a plot area of more than 20,000 cubic feet, and the proportion of properties sold to foreigners does not exceed 40%. However, the detailed rules for the implementation of the "Apartment Law" abolished the floor restrictions, and retained the provisions that the plot area is more than 20,000 cubic feet and the proportion of properties sold does not exceed 40%;

2. Foreigners can invest in building apartment projects or be joint venture partners of the projects, but they must obtain the approval of the State Investment Committee in advance. After the completion of the project, investors or joint venture companies need to sell at least 75% apartments, of which 25% apartments can be registered in the name of one person;

3. Every time a foreign investor or joint venture in an apartment project has the right to sell apartment property to foreigners, it must first consult the registered administrator, who will notify the apartment supervision committee;

If the apartment building is to be used for other purposes, it needs to be built separately from the residential building, and the commercial building needs to set up another entrance.

For commercial housing, developers need to list huxing, area, floor plan and total number of rooms one by one; In order to avoid affecting residents, before selling the apartment, the developer should inform the buyers in advance if there are rooms for other commercial purposes in the apartment project, and at the same time, it is necessary to obtain the guarantee that the buyers have understood the relevant situation (note: the developer's business license has been changed from three years to five years);

5. After the foundation construction of the apartment building project is completed by 30%, it can be pre-sold, and all the proceeds from the pre-sale must be deposited in the bank, which can only be used for the construction of the apartment building project and shall not be used for other purposes.

Extended data:

I. Relevant taxes and fees:

The apartment law clearly stipulates that these two economic activities need to pay stamp duty and registration fee. In view of the nature of stamp duty "behavior tax", developers need to pay stamp duty on these registration acts and apartment registration documents when registering land with relevant registration authorities. If the ownership of subsequent residential units changes, the transferee shall be the taxpayer of stamp duty.

As for the registration fee, the "Apartment Law" only explicitly stipulates that the registration fee for the transfer of ownership of residential units shall be paid by the transferee, but does not stipulate that the registration fee for "* * * land" shall be borne in the process of apartment development.

Whether it is stamp duty or registration fee, although the "Apartment Law" defines the payer, and the payer is not equal to the actual payer, in practice, both parties to the contract can still freely agree who will bear the tax.

Second, the time to start applying.

According to the relevant provisions of the Apartment Law and the Detailed Rules for the Implementation of the Apartment Law, the management department began to accept applications from 20 18 1.

References:

People's Network-Foreigners can buy apartments in Myanmar.