Property Acquisition in Nepal – Is it complicated?

Property Acquisition in Nepal – Is it complicated?

Property Acquisition in Nepal – Is it complicated?

1. Applicable Laws:
• Constitution of Nepal
• National Civil Code, 2017
Acts
• Land Concerning Act, 2021
• Land Acquisition Act, 2034
• Survey and Measurement Act, 2019
• Land Revenue (Malpot) Act, 2034
Regulations
• Land Revenue (Malpot) Regulation, 2036
• Survey and Measurement Regulation, 2058
• Land Acquisition Rule, 2026
Orders • Orders relating to exemption of Land Ceiling, 2078 (2021)

2. Property:
Property is defined as anything that a person or business has its legal title. It includes any cash, goods, or work if such cash, goods, or work can be used or transacted in or the title of that can be transferred by the purchase, sale or otherwise or any benefit can be derived. In other words, it also refers to owned things.
There are mainly two types of property. They are:

Fig1: Property, its types & examples

3. Property Acquisition:
Property Acquisition refers to the process of gaining ownership or right over the property. It is acquired if a person sells, donates, gifts, or otherwise transfers a property in which s/he has right and ownership to another person.
Different other matters like partition of property registration of deed etc comes when we deals with the issues related to the property acquisition.

There are different laws that provisions about Property Acquisition. They are as follows:
A. Constitution of Nepal:
Article 25 of the Constitution of Nepal mentions that every citizen has the right to acquire, own, sell, dispose, acquire business profits from, and otherwise deal with property.

B. The National Civil Code, 2017:
Partition of property [Sec 216]
• At the time of partition of a common property, a deed of partition in writing is executed between coparceners.
• Equal partition of property as well as equal partition of debt is done.

Matters to be included in the deed of Partition [Sec 217]
• Name, Surname, Age, Address of every coparcener and three generation details of them
• Property that is to be received by the coparceners
• If any debts, money receivable then amount of such thing
• Details relating to if any Coparcener live with another coparcener at the time of partition of property
• Details relating to that no coparcener has hidden or concealed any property that is related to the partition
• Details relating to that if any property are to devolve on a coparcener only after the death of father, mother, husband or wife.
• Details relating to that if the partition share of any coparcener are to be entrusted to anyone.
• Other necessary matters.

Property to be inviolable [Sec 277]
Other’s property shall not be encroached or trespass by anyone by way of overlapping, pressing or otherwise.

Conditions on which property may be transferred [Sec 414]
• If a person has right and ownership to one or more than one person jointly or severally and is competent to perform a contract, then can transfer property.
• The competency or incompetency of the person is determined on the basis that whether s/he was competent or not at the time of transfer of the property.
• A person may transfer a property in which s/he has rights and ownership to another person with immediate or testamentary effect.
• While transferring property, a deed shall be executed in fulfillment of the legal requirements.
However, there is no need to draw up a legal deed in the following conditions:
 To donate or gift any movable property or cash amounting up to One hundred Thousand rupees.
 The sale or otherwise transfer of a movable property is made as per the existing laws.
• A transferee has ownership over the property if s/he transfers his or her property to another person.
• The transferee has ownership in property only after the death of the transferor if a person transfers the right in his or her property to be effective with testament.
• If two or more persons acquire the same property, then entitlement to such property in proportion to their respective portion.
• If a deed doesn’t indicate the portion to which a person is entitled on the acquisition of a property, all the persons acquiring the property must acquire it equally.
• A person may transfer his/her private property to anyone without anyone’s consent.

Consent is required to transfer common property [Sec 419]
• Written consent of all the coparceners is required to transfer the common property.
• If in case of transfer of common property of joint family and if a coparcener is a witness of a deed of transfer, then it is considered as consent is taken from that coparcener too.

Common property can be sold for household purpose [Sec 420]
Head of the family for household purpose can sell:
In case of a movable property Whole property in common without the consent of others.
In case of immovable property Half of such property in common without the consent of others.

Issues that arises if someone transfers the property in which they don’t have right and ownership [Sec 421]
• One can only transfer those property to another person in which s/he has right and ownership.
• If anyone transfers a property in which they don’t have right and ownership, then such deed of transaction is considered as void.
• If the real owner of the property makes claim in the property which is transferred by the person who doesn’t have ownership, then the transferee of such property must return it to the concerned owner.
• The owner of the lost property can claim for such property along with evidence that shows his or her ownership in the property within 3 years after the date on which the property was lost or stolen.
• The finder of the property must return it to the real owner if claims for the property by collecting the amount of expenses if any that are required for its maintenance.

Prohibition of transferring property in duplication [Sec 422]
A property that is already transferred to another person shall not be re-transferring to another.
If the property is re-transferred to another then:
– In case of movable property:
In the name of the person who acquires the property in the earlier date.
– In case of immovable property:
In the name of the person on whose name the deed of transfer is registered first.

Compensation to the purchaser in event of deprivation of enjoyment of property [Sec 424]
• If the purchaser buys any property and if s/he is deprived of enjoying the property wholly or partly by way of invalid transfer of such property, then the purchaser is entitled to get:
– amount paid by him/her for that property.
– interest of 10% of the amount (yearly)
– Registration Fee or other amount is has paid for the transfer of that property as if it were an unsecured bond (Kapali).
However, if the property is acquired in the following ways, then the amount is not recovered to the purchaser:
– If purchaser knows that it was other’s property or stolen property
– If purchaser already knows that it was already transferred too other.
• If the purchaser has made any structure in that property in which they cannot enjoy the property rights, then can demolish that structure, and can take that structure within 6 months.

Conditions for Attorney to transfer the property [Sec 425]
A person who is competent to be an attorney can transfer and sell the property.

Documents Required:
• Authorized Attorney as per law stating the reason that s/he is not able to appear in the concerned office for transfer and sell of his or her immovable property and can transfer and sell the property through that attorney.
Conditions on which other person on one’s behalf can purchase or obtain the property [Sec 427]
A person who wants to purchase or obtain the property if gives the following document to the other person then that other person on behalf of that person can purchase or obtain the property:
– Power of Attorney stating the reason
– His or Her citizenship to the attorney

Procedures for a corporate body while purchasing or transferring property [Sec 426]
– Decision of Board of directors of the corporate body to any member of the Board of Directors or employee to transfer the property that is in the name of that corporate body and same is the procedures for the purchase or obtain of the property in the name of the corporate body.

Restriction on transfer of immovable property to foreigner [Sec 432]
• Without the prior permission of the Government of Nepal, one cannot transfer their immovable property to a foreigner.
• If anyone transfers it, then the deed of such transaction is considered as void.

Foreigner to transfer partition share or inheritance, if any obtained [Sec 433]
• Except permitted by Government of Nepal, a foreigner shall not be eligible to be transferred to or registered in his or her name nor shall s/he be entitled to enjoy the income of that property.
This provision is not applied to Non-resident Nepali.

Conditions on which property is considered as mortgaged [Sec 435]
• A debtor having a right, ownership, or possession in an immovable property if, gives the whole or any portion of it to the creditor to possess that property with the effect from the date of execution of deed or after a certain period in consideration for a loan.
• If the deed mentions the condition that the creditor is entitled to possess the mortgaged property with immediate effect at the time of lending or after a certain period then it is considered as mortgage with possession (Bhogbandhaki).
• If the deed mentions the condition that the creditor is entitled to possess the property in the event of the debtor’s default or repayment of the loan within the deadline set by the creditor then it is considered as mortgage without possession (Drishibandhaki).

Validity period for enjoyment of property in mortgage with possession [Sec 442]
• Property in mortgage with possession is possessed and enjoyed for the period of not exceeding ten years except otherwise mentioned in the deed.
• The deed of mortgage with possession is equivalent to an unsecured bond if that mortgage is not redeemed within the timeframe.

Validity period for enjoyment of property in mortgage without possession [Sec 443]
• Validity period of a mortgage without possession of a property is upto 5 years.
• After the expiry of 5 years, the property may be again possessed for a period not exceeding 10 years.
• The deed is considered as unsecured bond if that property given in mortgage without possession is not redeemed within the period of 10 years.

Conditions for Remortgaged (Lakhbandaki) of the property in mortgage [Sec 445]
• A person who has obtained the property in mortgage.
• For some consideration for an amount which is equal to, or lesser than the amount that is mentioned in the deed of mortgage.
Time Period of remortgaged of the property is less than the period of possession and enjoyment under the mortgage.

Prohibition for foreigner to mortgage the property [Sec 451]
• Without the prior approval of the Government of Nepal, A foreigner other than a person having the non-resident Nepali Citizenship is prohibited to mortgage an immovable property.

C. Other Laws:
1. Land Acquisition Act, 2076 (2019)
Power of Government of Nepal to Acquire Lands for Public Purpose [Sec 3]
• Government of Nepal for any public purpose may acquire land by giving compensation.

Power to acquire land for institution [Sec 4]
• If any institution requests Government of Nepal for the acquisition of any land for the following mentioned purpose, then after paying the payment, the Government of Nepal may decide to acquire the land for such institution:
– To construct residential quarters for the staff, workers, or labor of the institution or for their welfare or to undertake any function in the interest of the public.
– To operate a project that relates to an institution fully owned by Government of Nepal, or to construct a godown for the storage of any materials connected with that institution or manufactured by any such institution.

2. Land Revenue Act, 2034 (1977) and Land Revenue Regulation, 2036 (1979)
Registration of Land [Sec 6] [Rule 3]
– Land Revenue office registers each land within the district as per the schedule 1 of the Regulation.
– At the time of maintaining the registration book if the land is already surveyed then landowner registration record is prepared as per the survey and measurement and if the land is not measured and surveyed then according to the records maintained in the Land Revenue Office or the records received from the Land Reform office or other offices.
– While maintain the land registration book the Land Revenue office may ask the concerned landowner about the prescribed details and the landowner must give those details to the concerned Land Revenue Office.

3. Land Act, 2021 (1964)
Sec 7: Upper Ceiling of Land
The upper Ceiling of land that is allowed to be owned by the landowner is mentioned below:
S.N. Region Upper Ceiling
1. All the terai region including inner terai 10 Bigha
2. Kathmandu Valley 25 Ropani
3. All hilly regions except Kathmandu Valley 70 Ropani

For House and Premises
S.N. Region Upper Ceiling
1. All the terai region including inner terai 1 Bigha
2. Kathmandu Valley 5 Ropani
3. All hilly regions except Kathmandu Valley 5 Ropani

But, one can keep more than the ceiling if the land is acquired by the way of partition or succession. [Sec 10 (1) – Land Act, 2021 (1964)]

Rule 3: Jagga Hadbandi chhut dine sambandhi Aadesh, 2078
And, also the industry, academy, company, project, education or health organization, firm related to agriculture, institution and other public institution if there is a need of more land than mentioned in the upper ceiling then can give application to the department for approval along with the following documents:
a) Place, area, type of land and other details related to the land
b) Recommendation letter from ministry related to the industry, academy, company, project or organization.
c) Incorporation certificate of Industry, academy, or company and if scale of the industry, academy, or company need to be show then such details,
d) Copy of decision of BOD of the company about the land acquisition and power of attorney,
e) Recommendation from the local level where the land is situated
f) Copy of Memorandum of Association and Article of Association
g) copy of Incorporation certificate of Permanent Account Number and Copy of Tax Clearance Certificate
h) Copy of Approval Letter of project in case of industry, academy, company or organization whose project need approval
i) Recommendation Letter from Investment Board in case of project which needs approval from the investment board
j) If founder and Directors are Nepali then Copy of citizenship and copy of passport in case of foreign citizen
k) Copy of document mentioning about the name, address, domicile of the founder and Directors or if the Directors are changed then copy of document mentioning that
l) Work Detail of the Industry, academy, company or organization which is in operation
m) Foreign Investment Approval Letter in case of industry, academy, and project having foreign investment
n) Landownership Registration Certificate of the land that is in the name of industry, academy, company or organization and copy of Receipt of the land stating that the land revenue has been paid
o) Audit Report of the last fiscal year in case of industry, academy, company or organization that is in operation.

Procedures:
• Application to the department
• Department give application to the concerned office to do in-site inspection of the land and send the details relating to the physical condition of the land and other details relating to the land to the Department.
• Examination of the physical condition of the land, type of land, condition of ownership and on the basis of the map of survey and send the details about such to the Department.
• Department after receiving the information from the office gives opinion to the Ministry for giving approval or not.
• Additional examination by department if found necessary before giving opinion to the Ministry
• Examination of the information and document given by Department and if found valid then as per the nature of the industry, academy, company, project or organization give the approval to keep the land as per the ceiling mentioned in the schedule 1.
• If any industry, academy, company, project or organization who has got the approval to keep the land more than ceiling then they have to follow the rules mentioned in the schedule 2.
• Except the industry, academy, company mentioned in the schedule 1 , if wants to obtain more than ceiling mentioned in 1 then as per the decision of the Government of Nepal and Council of Ministers.

Rule 5
• If the company, academy, industry or organization got the approval then within 2 years they have to buy that land.

Upper Ceiling after taking approval
1. Production based Industry
A. Cement Factory
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 300 500
2. All the terai region including inner terai (Bigha) – 25 –
3. Kathmandu Valley (Ropani) – – 50

B. Sugar Factory
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – –
2. All the terai region including inner terai (Bigha) – 30 –
3. Kathmandu Valley (Ropani) – – 50

C. Chemical …. Factory
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – 200
2. All the terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – 20

D. Every types of Mines Industry
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) As mentioned in the detailed project report
2. All the terai region including inner terai (Bigha)
3. Kathmandu Valley (Ropani)

2. Energy based Industry:
S.N. Type of Industry Ceiling
1. Hydropower As mentioned in the detailed project report
2. Solar Energy As mentioned in the detailed project report
3. Excavation of Natural Gas, Petrol As mentioned in the detailed project report

3. Agriculture and Animal Industry
a. Fruit Farming
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 500 1000 1500
2. All the terai region including inner terai (Bigha) 50 100 –
3. Kathmandu Valley (Ropani) – – 150

b. Fish Farming
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 100 150
2. All the terai region including inner terai (Bigha) – 30
3. Kathmandu Valley (Ropani) – – 50

c. Cardamom or Coffee Farming
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 500 1000 1500
2. All the terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – –

d. Tea Farming
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 200 500 1000
2. All the terai region including inner terai (Bigha) 20 50 –
3. Kathmandu Valley (Ropani) – – 150

e. Medical Herb Farming and Processing
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 100 500 1000
2. All the terai region including inner terai (Bigha) – 20 –
3. Kathmandu Valley (Ropani) – – 50

f. Rubber Farming
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – –
2. All the terai region including inner terai (Bigha) – 50 –
3. Kathmandu Valley (Ropani) – – 100

g. Flower and Vegetables Nursery
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 100 150 200
2. All the terai region including inner terai (Bigha) 15 20 –
3. Kathmandu Valley (Ropani) – – 25 100

h. Animal Husbandry, grazing and grass production
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 100 500 1000
2. All the terai region including inner terai (Bigha) 20 30 –
3. Kathmandu Valley (Ropani) – – 50 100

i. Birds Husbandry
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 80 100 200
2. All the terai region including inner terai (Bigha) 20 30 –
3. Kathmandu Valley (Ropani) – – 50

j. Sugarcane Farming
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – –
2. All the terai region including inner terai (Bigha) – 150 –
3. Kathmandu Valley (Ropani) – – 300

4. Tourism Industry
a. Hotel (4 Star or more than that)
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – 200
2. All the terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – 15 150

b. Jungle Resort
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 200 1000
2. All the terai region including inner terai (Bigha) – 15 –
3. Kathmandu Valley (Ropani) – – 25 –

c. Gulf Course or Elephant or Horse polo or Ashawo Aarohan
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – 200
2. All the Terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – 25 100

d. Waste Management
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 150 300
2. All the terai region including inner terai (Bigha) – 15 –
3. Kathmandu Valley (Ropani) – – 30

e. IT Park
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 100 200
2. All the terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – 20 –

f. Community Park
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 100 200
2. All the terai region including inner terai (Bigha) – 15 –
3. Kathmandu Valley (Ropani) – – 20 75

5. Service Industry
a. Films Industry
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 300 500
2. All the terai region including inner terai (Bigha) – 30 –
3. Kathmandu Valley (Ropani) – – 50 –

b. Hospital (more than 100)
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – 100 200
2. All the terai region including inner terai (Bigha) – 15 –
3. Kathmandu Valley (Ropani) – – 20 100

c. Teaching Hospital
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – 300
2. All the terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – 30 150

d. School or University
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) – – 300
2. All the terai region including inner terai (Bigha) – – –
3. Kathmandu Valley (Ropani) – – 30 150

6. Construction Industry
a. Company who has got approval to do business of house/land in residential area
S.N. Region Upper Ceiling
Small Medium Large
1. All hilly regions except Kathmandu Valley (Ropani) 100
2. All the terai region including inner terai (Bigha) 20

3. Kathmandu Valley (Ropani) 20 50

A person who acquires the land or being a landowner in
his/her or another person’s name within Nepal has to submit an inventory having the total area of land that s/he owes to the Registering Authority. If that is not submitted then instrument of such transaction is not registered. (Sec 10(2) – Land Concerning Act, 2021)

[Likhat ( Registration) Parit sambandhi karyabidhi]
Rule 3: Documents Required:
• Joint application of both seller/buyer
• Original Landowner Certificate
• Receipt of revenue paid in the current fiscal year
• Lawful deed
– if from the same district then 2 copy
– if from different district and of guthi then 3 copy
– in case of partition of property then 2 copy
• Copy of citizenship of buyer and seller
• In case of deed of different district if there is no receipt of current fiscal year then the receipt of the last fiscal year and draft paid equal to the revenue of the current fiscal year in the name of the local level
• In case of land/house of urban area, release paper from the local level marinating about the valuation of the house.
• If minor is the seller of the land then Birth Registration Certificate and copy of citizenship of his/her father.
• In case of municipality (Nagar), Letter from local level about the way to land (ghar bato khuleyko).
• In case of value of property of the rural area, as per the amount evaluated by the local level.
• In case of foreign citizen transferring the right of the land, then certified recommendation letter along with photo from the local level of the country of domicile of that foreigner and also from the local level of the place where the land is situated.
• In case of registration of the mortgage deed of the Bank, Finance, company, organization then incorporation certificate of the organization, PAN card and if the company is not in operation then recommendation from the Inland revenue Office and the office where it is incorporated.

Information that needs to be reveal in the registration of the deed:
• Three generation details of the buyer and seller.
• Details of area of land as per the local measurement
• Details relating to the name, ward no, plot no., area of the district, metropolitan city, sub-metropolitan, municipality or village executive
• signature of the buyer/seller stating that they don’t have land more than the upper ceiling mentioned in the law
• If transfer is made of more than one plot number of the land then the amount of each plot separately and the total amount in the top should be compulsory written
• If many plots are transferred then area of such land should be written separately and in the last it should be summed up.
• place where the deed for registration is made and details of the transaction
• signature of the buyer/seller in the form for the registration of the deed
• It is the duty of the buyer, seller, witness and advocate to reveal the above mentioned details.
• Registration Form from the concerned land revenue office after paying the prescribed fee.
– 10 Rupees for each form

Property Acquisition in Nepal by Non-Resident Nepali
Who are Non-Resident Nepali Citizens:
1. Foreign citizen of Nepali origin
2. Nepali citizen residing abroad.
Non-Resident Nepali Act, 2064 & Non-Resident Nepali Rules, 2066 talks about Property Acquisition in Nepal by Non-Resident Nepali.
Foreign Citizen of Nepalese Origin are those persons who him/herself or whose father, mother, grandfather, or grandmother was a citizen of Nepal at any time and has acquired the citizenship of any other foreign country other than a member of SAARC.

Nepali Citizen residing abroad are those Nepali citizens who have been residing in any foreign country for at least two years by doing any profession, occupation, business, and employment except a Nepalese citizen residing in a member country of SAARC or serving in a diplomatic mission or consulate situated in a foreign country under the assignment of the Government of Nepal and doing study in an academic institution situated in a foreign country.

Property Rights provided to the foreign citizen of Nepalese origin (Section 10, Rule 11)

The following are the property rights provided to the foreign citizen of Nepalese origin:
• Foreign Citizen of Nepalese origin may purchase the below mentioned land or other property in order to reside within Nepal for him/herself on his/her own family.
S.N. Region Ceiling
1. Kathmandu Valley Maximum 2 Ropani (10952 Sq. Ft.)
2. Municipalities of Terai District Maximum 8 Kattha
3. Other municipalities except in Kathmandu valley and municipalities of Terai District Maximum 4 Ropani
4. Village Executive of Terai District except municipalities of Terai Maximum 1 Bigaha
5. Other areas than mentioned above Maximum 10 Ropani
But this provision doesn’t apply if any foreign citizen of Nepali origin has received any immovable property in the status of a Nepali citizen.
• A foreign citizen of Nepalese origin may assign (transfer) the property purchased to anyone.
• The inheritance of the property of a foreign citizen of Nepalese Origin takes place due to his/her death and if s/he has any property in Nepal. The inheritance goes to his/her heir who is a foreign citizen of Nepalese origin having identity card and in the absence of such heir it shall be decided as provided by the prevailing law.

Procedures to acquire property in Nepal

 Application mentioning the location, area and the price that has been fixed for the purpose of purchase of the land which s/he intends to purchase in his/her own or his/her family’s name,
 Inquiry of the application
 If the application is found valid then permission by the Secretary to purchase the land and other immovable property within Nepal, in the name of the applicant or his/her own family
 After receiving the permission, the Officer responsible for the registration pass of the land shall make the registration of the land in the name of the foreign citizen of Nepali origin.
 Blue Colored Certificate while issuing Landowner Certificate by the Concerned Land Revenue Office

Documents required while giving application
• Application Form
• Original and one copy of Non-Resident Nepali Card
• Original and one copy of Certificate of Foreign Citizenship and Passport
• Original and one copy of Landownership Certificate
• Copy of Citizenship of the seller
• Copy of Trace Map
• Receipt of Tax Clearance in the current fiscal year
• Lawful Application for the Land Purchase
• Copy of Certificate of House Completion (Ghar Sampana)

No Application fee is given to the Ministry of Foreign Affairs while giving the application for the recommendation for the purchase of land.

Information of the applicant:
• Name. Surname
• Date of Birth
• Nationality
• Details of the Foreign Citizenship
• Details of Passport
• Name and Address of recent country of domicile
• Name and Full Address of the family members of Non-Resident Nepali who is in Nepal and their relationship
• Details of Parents of Non-Resident Nepali
• Details of Non-Resident Nepali Identity Card
• Details of the land if any members have before this

Details of the Seller
• Name, Surname of the Landowner
• Citizenship Number and Address
• Details of the Land
• Details of the House

Foreign Direct Investment in Nepal / Registration of Company by Foreigners in Nepal – Exclusive 3 Mins Read

Foreign Direct Investment in Nepal / Registration of Company by Foreigners in Nepal – Exclusive 3 Mins Read

Foreign Direct Investment in Nepal / Registration of Company by Foreigners in Nepal – Exclusive 3 Mins Read

#Updated August 7, 2024

Legal

Foreign investors can invest in a permissible industry in Nepal by obtaining the FDI approval from the Government of Nepal . The Foreign Investment and Technology Transfer Act, 2019 (Act) is the governing Act to regulate FDI in Nepal. The Act imposes restrictions on certain industries for foreigners. The minimum capital requirement for foreign person or entity is NPR 20 million (approximately USD 155,000). However, there is no minimum capital requirement for IT companies.

POSSIBLE WAYS FOR FOREIGN DIRECT INVESTMENT IN NEPAL

– Investment in an existing company through Share Purchase Agreement

– Investment in a new company (Equity – Wholly Owned)

– Investment in a new industry (Equity – Joint venture)

– Technology Transfer

RESTRICTED INDUSTRIES FOR FOREIGN DIRECT INVESTMENT IN NEPAL

Retail Business (Trading, local stores, wholesale and retail shops); Cottage & Micro Industries,

Travel & Tour (Travel agencies, Trekking, Mountaineering and Expedition, Rafting etc.),

Business of Mass Communication media like Radio, Television, Newspaper, Film Industry (Investment in a motion picture in local language),

Arms and Ammunition Industries; Atomic Energy; Gun Power and Explosives; Bullets; Radio Active Substance; Nuclear weapon,

Real Estate Business (excludes construction) (Purchasing and selling of lands, buildings, housings etc),

Internal Courier Service; Local Catering Services; Money Changer; Remittance service,

Industries except large industries that exports more than 75% of the products in sectors like Animal husbandry, Poultry, Fisheries, Bee Keeping etc,

Business of personal nature (Hair Salon, Beauty Parlor, Driving Center, Tailor etc),

Consultancy services having more than 51% foreign investment; Legal service; Management; Account; Language Institute; Computer Academy etc,

Ride Sharing companies like Uber, Pathao having more than 70% foreign investment.

VISAS AND PERMITS

Government of Nepal provides various visa facilitations for foreign investors or their representatives/directors. Following visas are available to investors:

Business Visa

Dependent Visa

On the recommendation of the Department of Industry, the Department of Immigration grants Business Visas to the investor or representative of investors (in case of corporate investor). The dependents (spouse and children) of investor or their representatives are entitled to obtain dependent visa. The Business Visa and Dependent Visa are issued for a year and can be renewed until the operation of the industry in Nepal.

REPATRIATION

Foreign investors can repatriate profits (dividend) generated by the operation of industry in Nepal after deducting dividend tax. The law doesn’t allow investors to repatriate within one year of investment. Before repatriation, the investors have to obtain approval from the central bank (NRB). NRB only allows repatriation for investors who have fully complied with the due process of FDI. It is therefore very crucial to abide by the due process of FDI.

TAX RATES

Corporate Tax @ 25%

Capital Gains Tax @ 10%

Dividend Tax @ 5%

Windfall Gain Tax @ 25%

V.A.T. @ 13%

FACILITIES AND INCENTIVES FOR FOREIGN INVESTORS

Work permits: Government of Nepal provides facilities of working visas and permits for foreigners (experts). Usually work permit is given to a foreign individual for the technical and expert knowledge, a knowledge or experience, which is not available from among the Nepalese manpower. On the recommendation of DOI, the Department of Labor issues work permits to eligible foreign individual for 1 year that can be renewed for 3 years. Foreigners obtaining work permits are issued Non-Tourist Visa. The number of foreign employees working in a company cannot exceed 5% of the total number of employees.

Tax Concessions: Industrial Enterprise Act, 2017 provides various concessions on tax.

EMPLOYMENT & LABOR

All the employees to be provided with employment contract.

Salary to be categorized in to basic salary and allowance.

Provident Fund: 10% of basic salary to be deducted and 10% to be added by employer and deposited in the Social Security Fund (SSF).

Gratuity: 8.33% of basic salary each month to be contributed by employer and deposited in SSF.

Medical and Accidental insurance facilities for employees.

Learn about Company Registration in Nepal

https://www.lawchintan.com/company-registration-in-nepal

If you want to learn more about Foreign Direct Investment in Nepal, feel free to contact us at info@lawchintan.com or call us at +977 9851133809.