Law On Construction Cambodia In San Jose
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Furthermore, the 2001 Land Law states that “No person may be deprived of his ownership, unless it is in the public interest”. An ownership deprivation shall be carried out in ance with the forms and procedures provided by the law and regulations and after fair just compensation in advance” (Article 5).
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.
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.
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.
Cambodia adopted the Law on Standards of Cambodia in 2007 to improve the quality of products, services, and management; raise and rationalize production efficiency; ensure fair and simplified trade; rationalize product use; and enhance consumer protection and public welfare.
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 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 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.
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.
