Law On Construction Cambodia In Fulton
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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.
First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate.
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.
The Judiciary of Cambodia is independent from the rest of the government of Cambodia, as specified by the Cambodian Constitution. The judiciary follows civil law tradition, the instruction being entrusted to a judge and the prosecutors contenting themselves with requesting the application of the law.
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.
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.
Legislative process The National Assembly and the Senate share legislative power. Senators, National Assembly members and the Prime Minister have the right to initiate legislation (Article 91 of the Constitution). More information on enactment of laws on the Cambodian Law Library website.
Are there any restrictions? Generally, only natural persons and legal entities with Cambodian nationality may own real estate in Cambodia. A legal entity has Cambodian nationality when at least 51% of its shares are owned, individually or collectively, by Cambodian natural or legal persons.
