PROGRESS OF LAND MANAGEMENT

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PROGRESS OF LAND MANAGEMENT STATE LAND
CLASSIFICATION

• By H.E Sek Setha
• Deputy General Secretary of Council
• of Land Policy and Head of Legal Unit
• Ministry of Land Management Urban Planning and
  Construction
• September, 26 2006

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CONTENT

• I. Progress of Land Management 1- Development
  of Policy and Legal Framework 2- Institutional
  Development 3- Land Administration 4- Land
  Management and Urbanization 5- Land
  Distribution II. State Land Classification 1-
  Public State Land 2- Private State Land 3-
  The advantage of State Land Classification

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1. Development of Policy and Legal Framework

• 1.1- Policy Framework
• - Strategy of Land Policy Framework (2002)
• - Social Land Concessions Policy (2003)
• - State Land Management Policy (2004)
• - State Land Management Policy (2004)
• - Indigenous Land Rights Policy (ongoing)
• - Land Valuation Policy (ongoing)

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1. Development of Policy and Legal Framework
(Cont)

• 1.2- Legal Framework
• - Land Law 2001
• - Sub decree on Procedures for Establishing
  Cadastral Maps and
• Land Register (46), Sporadic Land
  Registration (48), the
• Organization and Functioning of the
  Cadastral Commission (47),
• Economic Land Concessions (146),
  Social Land Concessions
• (19) and State Land Management (118)
• - Circular on Measures Against Illegal
  Holding of State Land
• (under OBSESs discussion)
• - Prakas
• . No. 112 on the Guidelines and Procedures
  of the Cadastral
• Commissio (2002)
• . No. 200 on the Guidelines principles to
  implement Sub Decree
• on Social Land Concession (2003)
• . No. 42 on Identification Mapping and
  Classification of State
• Land (2006)

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1. Development of Policy and Legal Framework
(Cont)

• 1.2- Legal Framework (Continue)
• -Joint Prakas
• . MLMUPC / MoI on the Role of Commune in
  Land
• Registration process
• . MLMUPC / MEF on the Cadastral Fee
• . MLMUPC / MoJ on the competence of the Court
  and
• Cadastral Commission
• -Circular and Guidelines on Procedures for
  Establishing
• Cadastral Maps and Land Register (2002),
  Procedure of
• Sporadic Land Registration (2004),
  Subsequence
• Registration (2004), Co-owned Building and
  Parcels for
• the Land Registration (2005), Guidelines to
  grant the social land
• concession (Finding land procedure, The target
  land recipients
• procedure, Development planning 2005) and
  Administration
• principle for Cadastral work at
  provincial/municipal
• department of land management, urban planning
  and
• construction.
• 1.3- Harmonization between Land Law and new
  Civil Code

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2. Institutional Development

• Institutional capacity building and human
  resources development especially at district/khan
  level supporting the decentralization at
  commune/sangkat and deconcentration at
  provincial/municipal.
• Integrate some officials into PMG scheme.
• Restructuring the ministry organization and
  working procedure.
• Prepare training modules.
• Provide training for officials at district level.
• Disseminate of Land Law for over 3.200 officials
  at commune.
• Teaching to student at University of land
  management and land administration.
• Delegation of signature on Cadastral document
  to11 provincial/municipal departments.
• There are 26 land registration teams working
  within 11 provincial/municipal.

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3. Land Administration
3.1- Land Registration - Private land
registration for land tenure security up to
2005 981,864 titles have been delivered (16 of
over 6 millions parcel in Cambodia). Comparing
with the last year it has been increasing triple.
Systematic land registration will reach for over
1 million parcel at the end of 2007. -
Registration fee . Systematic land
registration 1,020,317,332 Riel . Sporadic
land registration 2,703,466,369 Riel 3.2-
Geographic - Geographic work first 04
category of geodetic points and second category
of geodetic benchmark. - Administrative
boundaries between Khan Mean Chey and Kean Svay
district and continue to other area (Orthophoto
mapping 23,000 km) - Provide technical
supports to the mix boundary committee
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3.3- Resolution of Land Dispute - 650
officials have been trained on Cadastral
Commission work at district, provincial/municipal
and national level. - Up to 2005, Cadastral
Commission have received 3,456 cases . 955
cases have been solved . 589 cases have been
rejected . 49 cases have been withdrawn .
1,863 cases are pending 3.4- State Land
Management and Registration - Sub decree
118 on State Land Management (2005) -
Prakas 42 on Identification Mapping and
Classification of State Land (2006) -
Criteria for Classifying state land (ongoing),
National workshop (finished), provincial/municipal
workshop (ongoing) and district workshop (to be
done)
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4. Land Management and Urbanization

• Involving in identifying some protected and
  development areas in order to assure sustainable
  Environment and Natural resources management.
• District development planning Kamreag district,
  Battambang province is completed and continue to
  other 13 districts.
• Participate in Phnom Penh Strategy development
  planning.
• Produce master plan for some area in
  collaboration with CDC such as Siem Reap master
  plan, Bavet
• and Ochruov...

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5. Land Distribution

• Social Land Concession program for poor families
  with landless for residential use and/or for
  family farming.
• Today, social land concession program is under
  piloting process to grant social land concession
  in some regions.
• . Memot district, Kompong Cham province
• . Kratie district, Kratie province
• . Snole district, Kratie province
• . Sombo district, Kratie province

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II. State Land Classification
State Land Classification According to Sub
Decree 118 ANK/BK on state land management dated
October 7, 2005 State Land classification is to
determine the status of state land as either
private state land or public state land.
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1. Public State Land
Definition (Art 15 of Land Law and Art 4 of Sub
decree 118) Public state land has a public
interest use and falls within one of the
following specific types of property having a
public interest use a) property having a natural
origin, such as 1. Forests 2. Natural
lakes 3. Seashores 4. Courses of navigable
or floatable water 5. Banks of navigable or
floatable rivers b) property development for
general public use, such as 1. Quays
2. Ports 3. Railway station 4. Railways 5.
Airports
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1. Public State Land (Cont)

• c) Property made available in its natural state
  or specifically developed for public use, such as
  
• 1. Roads 2. Oxcart ways 3. Tracks
• 4. Pathways 5. Gardens and public parks
• 6. Reserved land
• d) Property allocated to render a public
  service, such as
• 1. Public schools or educational buildings
• 2. Administrative building 3. Public hospitals
• e) Natural reserves protected by law.
• f) Archeological, cultural and historical
  patrimonies.
• g) Royal properties that are not the private
  properties of the Royal Family
• h) Other land having public interest use
  characteristics and determined legal basis.

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2. Private State Land
Definition (Art 5 of Sub decree 118) Private
state land is all the land that is - Neither
state public land - Nor legally privately or
collectively owned or possessed under the
Land Law of 2001 - Escheat - Voluntarily
given to the state by the owner - With no
identifiable legal possessor or owner.
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3. The advantage of State Land Classification

• State land classification can provide the
  ability and easiness to
• Economic development such as grant economic
  land concession (Art 4 of sub decree on economic
  land concession) and other investment.
• Social development such as grant social land
  concession to poor families with landless for
  residential use and/or family farming
• State land management as well as prevent the
  State property
• Land registration in which adjoin to road corridor

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Thank for your attention!