Project News

MLMUPC member of the Inter-ministerial Working Group who explains the immovable registration system
Meeting between the Inter-ministerial Working Group and short-term experts.
Meeting of the the Inter-ministerial Working Group

From 13 to 15 January 2010, three members of the "practical advisory group of Japan on the immovable registration of Cambodia" were dispatched to Cambodia in order to assist the drafting of the immovable registration law.

A legal system on immovable registration is needed in cases such as real estate deal according to the Civil Code and the compulsory execution, etc. in accordance with the Civil Code and the Code of Civil Procedures. Therefore Ministry of Justice of Cambodia issued an inter-ministerial Prakas to establish an Inter-ministerial Working Group withbetween Ministry of Justice and Ministry of Land Management, Urban Planning and Construction (MLMUPC) to draft laws on immovable registration related to the Civil Code and the Code of Civil Procedure. The Inter-ministerial Working Group have held regular meeting every Thursday to draft laws and the long-term experts have also joined as observers to provide technical advices.

In February 2009, a counterpart training was held in Japan for the members of the Inter-ministerial Working Group and the future plan on the drafting was decided there. They classified laws on immovable registration into two types; the law on immovable registration pertaining to the Civil Code and the law on immovable registration pertaining to the Code of Civil Procedure. Since the Code of Civil Procedure had already been enforced from July 2007, they decided to draft the law on immovable registration pertaining to the Code of Civil Procedure which was urgently needed as the inter-mistrial Prakas first. At the same time, the Cambodian side requested to the Japanese side to establish a supporting group to support their drafting activities by providing the practical knowledge and information in immovable registration, which was needed in drafting. As a result of that, in October 2009, the practical advisory group of Japan on immovable registration of Cambodia was established composed of eight professors and professionals who had extensive knowledge on the area.

By December 2009, the members of the Ministry of Justice in the Inter-ministerial Working Group almost finished the draft of inter-ministerial Prakas on immovable registration pertaining to the Code of Civil Procedure and had started drafting on the draft of immovable registration pertaining to the Civil Code.

Members dispatched from the practical advisory group of Japan on the immovable registration of Cambodia conducted research with the Inter-ministerial Working Group members on immovable registration system which is needed to be grasped in ahead of the drafting by visiting the Cadastral Department and Bureau of Land Management, Urban Planning and Construction of Kandal Province of MLMUPC. Upon the result of the research, they discussed to revise the draft the Prakas on the immovable registration pertaining to the Code of Civil Procedure and provided technical advices. It is expected the Cambodian side will improve the skills of the research and drafting though the process, while Japanese side will be able to provide more efficient technical advice for the drafting based on current Cambodian situation.