Friday, November 2, 2007

Law on Land Management, Urban Planning, and Construction

CHAPTER 1: Objectives:
Article 2:
The Law on the Land Management, Urban Planning and Constructions shall be based on the ownership titles as provided in the present Land Law. In the event, this Land Law is amended or changed the Law on the Land Management, Urban Planning and Construction shall also be amended or changed accordingly.

CHAPTER 2: Documents related to the Land Management, Urban Planning and Construction
Article 5:
The Committee for Land Management, Urban Planning and Construction of Phnom Penh or
the Sub-Committee for Land Management, Urban Planning and Construction of each
province and municipality, shall respectively draw up their own development master-plans for the re-organization and development of their respective city, province and municipality. Such master-plan shall be approved by the National committee for Land Management, Urban Planning and Construction and shall be determined by a Sub-decree.
In order to protect the patrimony and the Environment, and to assure the economic
development of any particular region specified by the Council of Ministers, the National Committee for Land Management, Urban Planning and Construction, shall have duty to prepare a specific master-plan for such special region and submitting it to the Council of Ministers for approval.

CHAPTER 3: Land Use Master Plan
Article 6:
Land use master plan shall be established for each capital city, province and municipality. Private entities and public authorities shall strictly adhered to such master plans during their construction works.

CHAPTER 4: WORKS AND CONSTRUCTION
Article 12:
Any individuals and private institutions as well as public authority are banned from
conducting any constructions on the public yard-field or lands as defined hereunder:
- water reservoir and water dams.
- the reserve mining fields and the forests zones.
- the archeological and historical resort sites.
- the gardens and public parks and development zones.
- the dirt roads reserved for the roads constructions or the lands reserved for the road-sides, and the lands kept for the construction of rail-roads projects.
- the rivers, seas, streams and their banks.
Conditions of administration of those zones and conditions of light constructions and
temporary small structures shall be determined in a Sub-Decree.

Law on Nationality

CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: KHMER NATIONALITY/CITIZENSHIP BY BIRTH
CHAPTER 3: KHMER NATIONALITY/CITIZENSHIP BY MARRIAGE
CHAPTER 4: NATURALIZATION
CHAPTER 5: LOSS OF KHMER NATIONALITY
CHAPTER 6: PENALTIE
Article 19 :
Only those persons of khmer nationality, may have right to receive and hold identity cards of khmer nationality and passports of the Kingdom of Cambodia.
Article 20:
Any foreigner who holds or uses identity card of khmer nationality or passports of the Kingdom of Cambodia, shall be punished to imprisonment from 5 (five) years to 10 (ten) years.
Article 21:
Any person who fakes, scratches to erase, rewrite over or lends to someone or write a falsified name on the identity card of khmer nationality or passport of the Kingdom of Cambodia or who uses these documents, shall be punished to imprisonment from 5 (five) to 10 (ten) years.
Article 22:
Any official or government agent or any person who conspires, helps dissimulating or provides identity card of khmer nationality or passport to any person who has no khmer nationality/ citizenship, shall be subject to the same punishment term as of the case of a person who is illegally holding the identity card of khmer nationality or passport as stated in the article 20 and 21 of this law.

CHAPTER 7: FINAL PROVISIONS
Article 23:
Any provisions which is contrary to this law, shall be hereby repealed./.

Land Law 2002

PREAH REACH KRAM
We, Preahbath Samdech Preah Norodom Sihanouk
Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat
Nikarosdom Thammik Mohareachcheathireach Boromaneat
Boromabopit Preah Chau Krong Kampuchea Thipdey
- Referring to the Constitution of the Kingdom of Cambodia
- Referring to the Royal Decree No NS/RKT/1198/72 of November 30, 1998 on the Formation of the
Kingdom of Cambodia,
- Referring to the Preah Reach Kram No 02/NS/94 of July 20, 1994 promulgating the Law on the
Organization and Functioning of the Council of Ministers,
- Referring to Preah Reach Kram No NS/RKM/0699/09 of September 23, 1999 on the Establishment of the
Ministry of Land Management, Urban Planning and Construction,
- Referring to the proposal of the Prime Minister of the Kingdom of Cambodia.
It is Hereby Promulgated
The land Law which was passed by the National Assembly on July 20, 2001 during the sixth session of its
second legislature and was adopted completely on the form and its legal substances by the Senate on August 13,
2001 during the fifth session of its first legislature the whole meaning of which shall be as follows:
Notes on Changes to Translation: This note explains the changes that have been made since the October 18,
2001 translation was released.
􀁸 Article 1, ¶ 1, and Article 4, correct typographical errors.
􀁸 Article 5, add words from Khmer to indicate “advance” payment.
􀁸 Article 10, ¶4, insert words from Khmer, “named common parts”.
􀁸 Article 11, ¶ 2, clarify “derogation” rather than exemption to law.
􀁸 Articles 12, insert the word “or” in the third line, consistent with the Khmer.
􀁸 Article 13, delete the word “public” from “public legal entities,” to conform with the Khmer.
􀁸 Articles 14, 15 ¶2, 17 ¶2, and 19 ¶2, technical and typographical corrections.
􀁸 Article 19 ¶ 3, change, consistent with the Khmer, to “cease illegal occupation” and that the authority “may
begin the process to evict offender.”
􀁸 Articles 21, 22 and 23, correct technical and typographical errors.
􀁸 Article 47, Clarifications consistent with the Khmer and clarifications on the use of “shall” and “may.”
􀁸 Article 49 ¶ 2, and 51, change “or” to “and/or” consistent with the Khmer.
􀁸 Article 237, change translation note to be consistent with the words used in the law.
General Provisions
Editor’s notes: Definitions of English language
words taken from Webster's Third New
International Dictionary of the English Language,
unabridged, Merriam-Webster, USA (1993), after
this, Webster’s International Dictionary.
Legal definitions taken from Black’s Law
Dictionary.

Land Law 1992

The Khmer version is the official version of this document.
Document prepared by the MLMUPC Cambodia,
supported by ADB TA 3577 and LMAP TA GTZ.

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