ROYAL GOVERNMENT OF CAMBODIA. Ministry of Land Management, Urban Planning and Construction

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1 ROYAL GOVERNMENT OF CAMBODIA Urban Planning and Construction Land Registration and Constriction service In Cambodia Presented: H.E Sar Sovann General Director of GDGC Director of LMAP/ LASSP

2 1. Land Policy in Cambodia 2. Land Registration Procedures 3. Progress and Achievement 4. Construction Procedure 5. Service and delivery standard Contents

3 1.Land Policy in Cambodia Three pillars of the Land Sector Strategy 1. Land Administration for tenure security through land titling and alternative land dispute resolution; 2. Land Management for sustainable development through land use planning; and 3. Land Distribution with equity through land allocation for social and economic purpose. 7/12/2010 3

4 1.Land Policy in Cambodia(Cont ) The vision of land policy, in Cambodia, is to administer, manage, use and distribute land in an equitable, transparent, efficient, and sustainable manner in order to contribute to achieving national goals of poverty alleviation, ensuring food security, natural resources and environmental protection, national defense and socio-economic development in the context of market economy. The Council for Land Policy has duty to promote and monitor implementation of land policy in compliance with the direction of the Supreme Council for State Reform as well as to coordinate among the three land sub-sectors (land administration, land management, and land distribution) to strengthen implementation of the land law and other legislations related to environment, forest, fisheries, water resources, civil code, decentralization and de-concentration, etc. 7/12/2010 4

5 1.Land Policy in Cambodia(Cont ) The objectives of land administration are to register ownership and other right, to prevent and resolve land disputes in order to strengthen land tenure security, and ensure reliability and efficiency of land market. Land registration shall comply with principles of good governance, transparency, D&D, and gender equity in order to develop a culture of land registration. This has to be simple, precise, accessible, and at low cost. It shall develop LIS to provide accurate information regarding immovable properties at a reasonable cost. 7/12/2010 5

6 1.Land Policy in Cambodia(Cont ) Field of activities for land administration To develop and strengthen the implementation of laws and regulations such as expropriation law, pre-emption emption law... To establish a clear and complete inventory of State immovable properties in a unified database system in order to enhance the efficiency of management; To conduct land registration throughout the country in a transparent and effective way for both State land, and individuals' private land. To develop a unified Geography Information System across the country To develop a participatory, transparent, and officially recognized Land Valuation System. To encourage participation of private sector in land surveying under the control of the cadastral administration; To continue land disputes resolution through administration commission, cadastral commission at all levels To develop self-financing financing system for land administration, 7/12/2010 6

7 2. Land Registration Procedures There are 2 types of first land registration in Cambodia. Systematic Land Registration Sporadic Land Registration 7/12/2010 7

8 2. Land Registration Procedure (Cont ) Step 1: Preparation Define adjudication area and Establish AC Public Awareness Participation Community Step 2: Technical Operation Field work: Demarcation, Survey and Adjudication Office work Step 3: Adjudication Public Display Systematic Land Registration Step 4: Adjudication Approve Step 5: Land Titling 7/12/2010 8

9 2. Land Registration Procedures (Cont ) Step 1: Land owner request within Chief commune Step 2: District governor released dateline for demarcation and public at land located Step 3: After survey and adjudication Publication, LMUPCC district office have to prepare for publication Sporadic Land Registration Step 4: Land titling 7/12/2010 9

10 3.Progress and achievement Systematic Land Registration (Beginning until now) Adjudicated 1.80 million land parcels distributed 1.30 million titles (This is not include 80,000 from Pre-LMAP period) revenues from fees and tax around 60 million USD in the last five years. Expenditure below 10 USD/title (38 USD in planned) Sporadic Land Registration (Beginning until now) Distribute 59,6285 titles 7/12/

11 4.Constrution Procedure Procedure of business registration Procedure of construction permit 7/12/

12 4.Constrution Procedure Procedure of business registration Application Form Item CV of Director with 4x6 Photo attached Certified Letter of Residence of Director CV of Technical Director with 4x6 Photo attached Firm s Memorandum Work Contract between the Firm and Directors Qualification of Technical Employees List of Facilities for Design Use (For Consulting Firms) List of Equipment/ Machinery Letter of Certifying of Capital Finance from Bank Receipt of Tax Payment (For Renew firm only) Company Profile for Category 2 and 3 only Amount 3 Sets 3 Sets 1 Set 3 sets 3 Sets 3 Sets 3 Sets 3 Sets 3 Sets 1 Sets 1 Sets 3 Sets 7/12/

13 4.Constrution Procedure(cont ) Procedure of construction permit Urban Planning and Construction For Building floor area > 3000 m² Other special building categories. The Province or Municipality For the Building floor area 3000m² 7/12/

14 4.Constrution Procedure(cont ) Procedure of construction Construction Permit issue by MLMUPC Starting 30 working days 15 working days Completion APPLICANT Local Authorities Pro./ Mun Dep. of LMUPCC Pro. / City Hall Gen. Dep. of Adm Gen. Dep. of LMUP Cabinet of Ministry Gen. Dep. of Adm stamp & deliver Pro. / City Hall (25 days) (05 days) (0.5 days) (12 days) (02 days) (0.5 days) Gen. Dep. of Construction APPLICANT (10 days) 7/12/

15 4.Constrution Procedure(cont ) Procedure of construction Construction Permit Issue by Phnom Penh City Hall Starting 25 working days Completion APPLICANT Commune & District PP Municipality Department of LMUPCC Adm Office receives & delivers (06 days) (02 days) Phnom Penh City Hall APPLICANT (08 days) (05 days) Office of District LMUPCC Office of Cadastre Office of technique Cadastre & Geology Office of Construction Office of Land Management Other concern authorities (if require) (06 days) (04 days) (07 days) (07 days) 7/12/

16 4.Constrution Procedure(cont ) Procedure of construction Construction Permit Issue by Provincial Hall Starting 25 working days Completion APPLICANT Commune & District Office of District LMUPCC Provincial/ Municipality Dep. of LMUPCC Adm Office receives & delivers (07 days) (02 days) Provincia/ City Hall APPLICANT (06 days) (09 days) (05 days) District Office (03 days) Office of Construction Office of Land Management (07 days) Other concern authorities (if require) (07 days) 7/12/

17 4.Constrution Procedure(cont ) Procedure of construction Construction Permit Issue by SIEM REAP Starting 25 working days Completion APPLICANT Commune & District Office of District LMUPCC Siem Reap Provincial Department of LMUPCC Adm Office receives & delivers (07 days) (02 days) Provincial Hall APPLICANT (06 days) (09 days) (05 days) District Office (03 days) Office of Construction Office of Land Management APSARA Authority Other concern authorities (if require) (07 days) (07 days) (04 days) 7/12/

18 4.Constrution Procedure(cont ) Procedure of construction permit Requirement application Item Application of Construction Permit Land Title Certificate Land Plot Site Location Drawing Site Layout of the Project and Architectural Drawings Application of Construction Permit Amount 3 Sets 3 Sets 1 Set 3 sets 3 Sets 7/12/

19 5.Service and delivery standard Systematic Land Registration Cost: Rural agriculture land Rural residential land Urban district or sub-urban urban provincial Sub-urban urban around Phnom Penh 1 Riel/m 2 10 Riel/m 2 20 Riel/m 2 50 Riel/m 2 Central Phnom Penh 100 Riel/m 2 Time: 5 to 7 months or 100 to 140 days 7/12/

20 5.Service and delivery standard(cont ) Sporadic Land Registration Cost 7/12/

21 5.Service and delivery standard(cont ) Sporadic Cadastral service on surveying using modern equipment No. Item Service/ha 1 Less than 10 ha R 2 10 ha to 50 ha R 3 51 ha to 300 ha R ha to 1000 ha 8000 R 5 More than 1000 ha 6000 R If land locates more than 50 km from Cadastral office, the land owner has to add some service: transportation, accommodation and food for officer Cost for demarcation if it is in forest area, land owner have to add 20% on normal service 7/12/

22 5.Service and delivery standard(cont ) Sporadic Time 7/12/

23 5.Service and delivery standard(cont ) Construction Cost: Service Charges as Stated in Prakas of Multi- Ministry No. 033 SHV.BRK Dated 12th April 2006 Between the Ministry of Economy and Finance and the Ministry of LMUPC on Service Charge Relevant to Construction Time: Procedure of business registration: 15 working days Procedure of construction permit: 45 working days Validate Procedure of business registration: 3 years Procedure of construction permit: 1 years 7/12/

24 Thank you for your attention 24 7/12/