Land Administration System In Cambodia Cambodia Presented by

“Land Administration System In Cambodia” Cambodia Presented by: Mr. SUON SOPHA Deputy General Director of Cadastre & Geography Deputy-Director of LASSP

Contents 1. 2. 3. 4. 5. 6. Background Rectangular Strategy Vision of Land Administration Progress and Achievements The Systematic Land Registration In Cambodia Can a Sucessful Modern Cadastre be Developed In CAMBODIA? 7. Conclusion

• Overviews 1. Background – Territory : 181 035 km 2 , Population: 14 mil – 1 Capital, 23 Provinces, Language: Khmer 3/19/2018 3

2. Rectangular Strategy Rectangle 1: Enhancement of Agricultural Sector which covers: (1) improved productivity and diversification of agriculture; (2) land reform and clearing of mines; (3) fisheries reform; and (4) forestry reform. Rectangular Strategy of RGC 3/19/2018 4

3. Vision of Land Administration system Declaration of the RGC on Land Policy: The vision of land policy, is “to administer, manage, utilize, and distribute land in an equitable, transparent, 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 orienting towards market economy”. Goals and activities involved in the three land sub-sectors are : (1)Land Administration, (2)Land Management and (3)Land Distribution 3/19/2018 5

3. Vision of Land Administration system (cont’) Land Administration Sub-Sector (LASSP) • The objectives of land administration are to register ownership and other rights, 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. 3/19/2018 6

3. Vision of Land Administration system (cont’) Field of activities for land administration 1. To develop and strengthen the implementation of laws and regulations such as expropriation law, pre-emption law. . . 2. To establish a clear and complete inventory of State immovable properties in a unified database system in order to enhance the efficiency of management; 3. To conduct land registration throughout the country in a transparent and effective way for both State land, and individuals' private land. 4. To establish geology information system and soil classification based on natural characteristic of land. 5. To develop a unified Geography Information System 6. To develop a participatory, transparent, and officially recognized Land Valuation System. 7. To encourage participation of private sector in land surveying under the control of the cadastral administration; 8. To continue land disputes resolution through administration commission, cadastral commission at all levels 9. To develop self-financing system for land administration, 3/19/2018 7

3. Vision of Land Administration system (cont’) LASSP’s components: 1. Development of land policy and legal framework 2. Development of institution 3. Land titling program and development a modern land registration system 4. Strengthening mechanisms for dispute resolution, and 5. Land valuation and land market development 3/19/2018 8

4. Progress and achievements 1. Development of Policy and Legal Framework – Land Law 2001 – Interim paper on Land Policy and key policies related to land – Legal regulations – Declaration of land policy (July, 2009) 2. Institutional Development – Trained more than 3697 staff on various fields (1000 in land registration, 2697 in land dispute resolution), – Trained administration commission members more than 10000, – Established long-term education – FLMLA (260 BSc Degree & 290 undergraduates) – 1000 of Cadastral Commission Members were trained 3/19/2018 9

4. Progress and achievements (cont’) 3. Land Titling (from 2002 to July 2012) – Data Entry more than 2. 7 million land parcels, Signed more than 2. 2 million and distributed more than 2. 1 million titles revenues from fees and tax around 60 million USD in the last five years. Expenditure below 10 USD/title (38 USD in planned) 4. Land dispute resolution – Registered – 5, 673 cases, solved successful – 2, 199 rejected – 1, 710 , withdrawn – 433 cases, underway to solved – 1, 331 5. Land valuation and land market development – Final draft of Land Valuation Policy – Implement land valuation pilot projects in 04 times in 03 provinces including Urban and Rural areas. 3/19/2018 10

5 -The Systematic Land Registration In Cambodia IMPLEMENTATION BASED ON: • Effective information dissemination • Full participation of people and local authorities • Transparency of procedures and fees • Good governance measures • Team work and team-based results • Productivity-based allowances of Land Registration Teams • Optimised utilisation of modern information and survey technology as a tool for effective and efficient systematic first registration and maintenance of up-to-date multi-purpose Cadastre

5 -1 FIELDWORK • Public Awareness and Community Participation (PACP) • Land management supporting registration • Adjudication • Demarcation • Surveying • Public Display (PD)

5 -2 OFFICE WORK (DOCUMENTATION) • Data entry • Digitising • Preparation of Public Displays (PD): Cadastral Index Maps, Adjudication Records (Lists of Owners) • Finalisation of the data after PD • Printing of Land Register Books and Cadastral Index Maps (hardcopies) • Printing of Land Title Certificates (LTC) • Scanning of forms and reference documents

5 -3 APPROVAL CADASTRAL DOCUMENTS AND LAND TITLE CERTIFICATE DELIVERY ARCHIVEMENT DUE PROGRAM IMPLEMENTATION(2002 -JULY 2012) ~1000 Land Registration Staff Trained and Refreshed (~200 Contractual Staff) ~10000 Administrative Commission Member were trained 2. 7 Million Land Parcels Adjudicated 2. 1 Million Land Titles were Delivered 63% Common Property(HUSBAND & WIFE) husband wife 20% -25% Wife Property • CADASTRAL INDEX MAP & LIST OF OWNER ARE APPROVED BY Husband Property 10%-20% PROVINCIAL GOVERNOR • LAND TITLE CERTIFICATE ARE READY TO SECURE YOUR RIGHT ON YOUR LAND

6 -CAN A SUCCESSFUL MODERN CADASTRE BE DEVELOPED IN CAMBODIA? Status and Challenges A) SECURITY B) CLARITY AND SIMPLICITY C) TIMELINESS E) ACCESSIBILITY F) COSTS G) SUSTAINABILITY

A) SECURITY • Land Law: Full ownersip • Title by registration system • Procedures: Openness, publicity, transparency, full participation • Certainty of land ownership and parcel identification: Unique parcel reference numbers • Survey accuracy requirements and standards appropriate • Seamless Cadastral Index Map • Utilisation of IT: Human errors minimised, incomplete data prevented, automated functions • Data security measures, back-ups, data access in place CHALLENGE: Registration culture to be created

B) CLARITY AND SIMPLICITY • MLMUPC: Full mandate in land registration: No overlapping reponsiblilities • Cadastral Offices at district, provincial and central level • Power delegated from central to province level: Procedures simplified and length decreased • Public awareness being increased and cadastral forms simplified • Technically system is simple and easy to use, easily trained and learned CHALLENGE: Creating a one-stop agency with combined Cadastral and Tax Office functions, minimising inconveniences to the customers to encourage official land registration

C) TIMELINESS • Cadastre is to be kept up-to-date at all three levels; Province, district and central, Instructions in place • All parcels in the registration areas are included in the system • Technical updating easy CHALLENGES: • It takes still a long time to cover the whole country, work is in the beginning • To get informal transactions registered formally • Creating a registration culture

D) FAIRNESS • All landowners are treated equally at first registration • All parcels are included in the system • First registration fees are reasonable, fixed, transparent and commonly accepted • Equitable access to cadastral services at district, provincial and central levels • Delegation of power from central to province level has completed effectiveness and efficiency and simplified procedures • Title certificate delivery to the people CHALLENGES: • Cadastral service and product fee revision • Land valuation system development for fair land-related fees and taxation

E) ACCESSIBILITY • Cadastre is accessible at district, provincial and central level for private and public sector customers • Cadastral fee structure in place CHALLENGES: • Definition of fees of all available cadastral products (LASSP ”Map Shop”) • Fee revision for cost-recovery and sustainability • Fixed, transparent fees • Demand for on-line services in Cambodia unknown, access through internet not among the first priorities

F) COSTS • Costs per parcel have so far been low compared to other countries in the region, partly bacause of the utilisation of IT for effectiveness and efficiency • First registration fees low, putting only minor burden to the beneficiaries CHALLENGES: • Establishment of a cost-recovery based system so that: • Landowners are encouraged to register transactions officially and • Utilise available cadastral products. . . so that the costs of the first registration and the operation and maintenance costs of the Cadastre are recovered

G) SUSTAINABILITY • Sustainability of the developed systems is a huge challenge, as in many poor developing countries • CHALLENGES: • Human resources • Financial resources • Technical support • OPPORTUNITIES: • Continuous training • New generation professionals • Public-private partnerships • Land-related fees and taxation for financial sustainability

7. Conclusion In fact, land reform surely contributes to achieving national goals of poverty alleviation, ensuring food security, natural resources and environmental protection, national defense and socio-economic development oriented towards market economy”. 3/19/2018 23

Thank you for your attention