Law On Construction Cambodia In Cook
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The law on construction is divided into 22 chapters with 111 Articles. This law determines the principles, building technical regulations, rules and procedures to control the construction sector in Cambodia. The Ministry of Land Management, Urban Planning and Construction (MLMUPC) remains the competent authority.
In the narrow sense, the draft law or proposed law is required to be adopted by the National Assembly, approved by the Senate, and then promulgated by the head of the state. It should be noted that the Senate has only been in existence since 1999, while the National Assembly has been in existence since 1993.
The National Assembly and the Senate share legislative power, that is, they make the laws. Senators, members of the National Assembly and the prime minister can initiate legislation. The legislative process usually takes a few months to complete. In emergencies, laws can be approved within days.
Cambodia has a civil law legal system with legal codes, which were greatly influenced by France, to a lesser extent by Japan, and also adapted to Cambodian circumstances. The Constitution of Cambodia enacted with the restoration of Monarchy in 1993 and it is the supreme law in Cambodia.
The Cambodian legal system is based largely on the French civil system, and is statute based. The Constitution is the Supreme Law. The legal system has evolved from unwritten customary law, prevalent during Angkorian times, to statutory law, under the French colonisation from 1863 to 1953 and up until 1975.
Civil law – the system of law that emerged in continental Europe beginning in the Middle Ages and is based on codified law drawn from national legislation and custom as well as ancient Roman law. Code – the collection of laws of a country or laws related to a particular subject.
The Appellate Court was created, resulting in a three – tierd court system: - the Municipal and Provincial Court (jurisdiction of first instance) - the Appellate Court and - the Supreme Court. The Military Court is another, exceptional jurisdiction, established in 1981 by decree – law.
Land Law was first promulgated in 1992 and was amended in August 2001 (2001 Land Law). The 2001 Amendment to the Land Law especially aims to determine the regime of ownership for immovable properties in Cambodia for the purpose of guaranteeing the rights of ownership and other rights related to immovable properties.
The law-making process is about making and enacting new laws or revising existing laws. In the Kingdom of Cambodia, three institutions can initiate the law-making process: any member of the National Assembly, any member of the Senate and the prime minister. Most of the texts presented come from the prime minister.
