Yes.
The Law on Environmental Protection and the Law on Water and Water Resources require individuals and communities to protect and report water pollution and other environmental issues in the Lao PDR, including pollution caused by business activities. If a mining operation or other business activity causes environmental damage and affects the community\’s livelihood, you may submit an official report to the village authority and the relevant Natural Resources and Environment authorities.
Yes.
The Forestry Law allows individuals, households, and communities to access and use forest resources, including food and traditional medicinal plants, for daily livelihood purposes. If a plantation or other activity prevents a community from accessing and using forest resources according to their rights, they may submit an official report to the village authority and the relevant Agriculture and Forestry authorities.
Yes.
If relocation results in receiving land or housing with a lower value than your previous property, you have the right to request fair compensation according to the law. You should report the matter to the village authority and the relevant Resettlement and Livelihood Restoration Committee for consideration.
Yes.
The Law on Disaster Management ensures that any production activity or business operation that causes a disaster must take responsibility for resolving the impacts and restoring damaged infrastructure, including areas where people live and carry out their livelihoods.
Businesses must also provide compensation to people affected by disasters under the supervision and inspection of the relevant Disaster Management Committees.
If you have not received confirmation of entitlement and fair compensation for your house, you should submit an official report to the village chief and the district-level Disaster Management Committee.
(Law on Disaster Management, 2019)
Yes.
The Law on Environmental Protection promotes the participation of individuals, households, and communities that are directly or indirectly affected by investment projects in the planning and assessment processes of such projects.
If you wish to participate in the planning or monitoring of a new hydropower dam project or any other business activity located near your community, you should contact the village chief and the Natural Resources and Environment sector.
(Law on Environmental Protection, 2013)
According to the Guidelines on the Consideration and Approval of Investment Projects and the Mechanisms for the Management of Leased or Concession Land for Agricultural Crop Cultivation, people residing in the relevant areas shall be involved from the stage of the project feasibility study and throughout the project implementation process. The relevant information, including documentary copies regarding the potential benefits and adverse impacts of the project on affected persons, shall be provided. Consultations and negotiations with investors shall be conducted on a voluntary basis to ensure the protection of community interests. Continuous communication with investors shall be maintained throughout each phase of the project, together with monitoring, inspection, and reporting of business operations to the relevant administrative authorities. (Guidelines on the Consideration and Approval of Investment Projects and the Mechanisms for the Management of Leased or Concession Land for Agricultural Crop Cultivation, No. 0457/ກຜທ)
No.
The law does not permit any person to have the right to transfer, assign, sell, exchange, lease, grant concessions over, contribute as capital, or use communal village land as collateral, as communal village land may only be utilized for the collective interests of the people within the village or multiple villages.
The right to use State land granted for collective purposes is limited only to the rights of utilization and protection/conservation of such land.
(Article 81, Land Law No. 70/NA, dated 21 June 2019)
Regarding cultural land, under no circumstances is it permitted to grant land use rights or issue land titles to individuals, legal entities, or organizations.
(Article 67, Paragraph 2, Land Law No. 70/NA, dated 21 June 2019)
However, if people within the village or the village administrative authority (village chief) transfer, assign, sell, exchange, lease, grant concessions over, contribute communal village land as capital, or use such land as collateral, such actions shall be considered violations and unlawful acts. The persons involved shall be held legally responsible under both civil and criminal laws.
(Article 310, Penal Code)
Yes.
Affected persons have the right and may file an administrative lawsuit, for example, in cases where there is an improper issuance, suspension, or revocation of agreements, decisions, or permits relating to land management, or where there are improper agreements concerning land exchange or compensation.
If affected persons have submitted requests or petitions for resolution to the relevant authorities, including local administrative authorities, offices, departments, or provincial or Vientiane Capital administrative organizations, but such authorities are unable to provide a fair resolution and protect their lawful rights, the affected persons may file a complaint with the Administrative Court at the Provincial People's Court or the Vientiane Capital People's Court for consideration and adjudication.
The Administrative Court shall conduct an examination and make a decision in accordance with the law.
(Article 16, Paragraphs 1 and 7, Presidential Decree on Administrative Proceedings No. 001/PPT, dated 19 March 2021)
According to the Land Law, the application for land registration and the issuance of a land title or a gold-bordered land certificate (permanent land title) is a lawful right and legitimate interest of the people. Such right may only be restricted when the land is located within reserved forest land, protected forest land, production forest land, water areas, or other types of land reserved by the State for conservation purposes (including the three categories of forest land). In such cases, the State cannot issue gold-bordered land certificates to individuals.
Apart from the three categories of forest land or other land reserved by the State, the relevant authorities shall prepare plans and conduct land surveys and measurements in accordance with established procedures for the issuance of land titles, based on the requests of citizens throughout the country.
In other words, at present, there is no law or legal instrument that prohibits the issuance of land titles in community areas, suburban areas, concentrated settlement areas, or mountainous areas.
(Paragraph 2, Article 2 of the Guidelines on Land Registration and Land Title Issuance No. 500/ກສຊ, dated 12 February 2022; Paragraph 1, Article 19 of the Land Law No. 70/NA, dated 21 June 2019)
The relevant authorities shall monitor and inspect the implementation of lease or concession agreements. If it is found that the implementation of the agreement is incorrect or inconsistent with the objectives and conditions of the agreement, a warning shall be issued. If there is no improvement or corrective action after the warning, the agreement may be terminated, and the relevant land shall be returned to the local community without conditions. (Article 49, Decree on the Leasing or Granting of Concessions of State Land)