Royal
Government
No.
62/ ANKR/.BK
ANUKRET
ON
THE
ORGANIZATION
AND FUNCTIONING OF THE
MINISTRY
OF LAND MANAGEMENT, URBAN PLANNING
AND
CONSTRUCTION
THE
ROYAL GOVERNMENT
-
Referring to the 1993 Constitution of the Kingdom of Cambodia;
- Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the formation of the Royal Government of Cambodia;
- Referring to Reach Kram No. 02/NS/RKM/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;
-
Referring to Reach Kram No. 04/NS/RKM/94 of August 10, 1994
promulgated the Law on Land Management, Urban Planning and Construction;
-
Referring to Reach Kram No. NS/RKM/0699/09 of June 23, 1999
promulgating the Law on the Establishment of the Ministry of Land
Management, Urban Planning and Construction.
-
Referring to Anukret No. 20/ANK/BK of April 30, 1996 on the
Organization and Functioning of Ministries and State Secretariats;
-
Pursuant to the approval of the plenary meeting of the Council of
Ministers on July 02, 1999.
IT
IS HEREBY DECIDED
Chapter
1
General
Provision
Article
1:
This Anukret defines the establishment of all departments of the Ministry of Land Management, Urban Planning and Construction, and delineates the missions of the Ministry and the functions of general departments, departments, and local units throughout the Kingdom of Cambodia.
Chapter
2
Mission
and Structure
Article
2:
The Royal Government of Cambodia vested the Ministry of Land Management, Urban Planning and Construction with the mission to direct and administer matters related to land management, urban planning, construction, cadastral works, and topography in the Kingdom of Cambodia, except in any area(s)/competency(ies) given to other institutions by the Royal Government.
Article
3:
In
order to implement its mission, the Ministry shall be responsible
for:
1.
For land management, the Ministry shall:
-
raise proposals and carry out land management policies which shall
ensure a balanced development of urban and rural areas and distribution of
growth;
-
conduct studies and make prospective analyses of land management;
make proposals and ensure the implementation of necessary regulations for
land management policies; propose policies, plans of action, and proper
measures which are favorable to the development of the land;
-
monitor the coherence of all sectoral development policies and forge the
relationship between the activities of the ministry and
provincial-municipal administration. Land management discipline shall
be characterized by an inter-sectoral work requiring the cooperation of
the Ministry with other relevant ministries and institutions;
-
to act as an information center of physical, economic, social, and
demographic data, to be used for zoning purposes such as economic
development, industrial development, urban and, rural areas, nature
conservation, tourism sites, and heritage protection zones, sites for
socio‑economic infrastructure, communications, public
administration, and other areas as defined by the Royal Government;
-
implement land management policies favorable toward rural and priority
areas of the Royal Government;
-
Ensure the compliance of infrastructure constructions with the priorities
of land management policies;
-
take into consideration selection of public services sites
to ensure their compliance with land management policies and
administrative deconcentration policies;
-
promote investment incentives policies toward rural areas and priority
areas of the Royal Government by cooperating with the Ministry of Rural
Development and other relevant institutions;
-
collaborate in the implementation of any works related to the
Mekong basin pursuant to the responsibilities of the Ministry.
2.
For urban
planning and construction, the Ministry shall:
-
conduct research and prepare prospective analyses and compile statistics
related to the framework of urban planning and construction; raise
proposals and ensure the application of necessary regulations in the
implementation of urban planning and construction policies;
-
raise proposals on policies, plans of action and measures to resolve
issues related to squatters and housing taking into consideration the
preservation of natural landscape and resorts in urban y and rural areas,
and the protection of the environment;
-
define rules and regulations related to land tenure, urban planning,
construction, expropriation, and land reserve;
-
issue licenses and other approvals related to urban planning and
construction;
-
promote housing project developments; set out urban planning; and
sub-divide open land into lots/parcels and development zones;
-
pay close attention to construction and maintenance of public
buildings;
-
collaborate with the Ministry of Culture and Fine Arts in the protection
of national heritage and historic places;
-
collaborate with Apsara Authority in the protection of national heritage
and historic sites when they are under its jurisdiction;
-
collaborate with the Ministry of Environment in the protection and
preservation of environment, landscape, natural attractive places, and co-systems.
3.
For cadastral work, the Ministry shall be responsible for conducting
research, developing regulations related to computerized land management
and land use; surveying, mapping and issuing land titles nationwide;
serving as cadastral registrar.
4.
For topographic work, the Ministry shall be responsible for
managing and disseminating maps in collaboration with relevant sectoral
map institutions to ensure the standardized use of topographic information
systems.
5.
administering and regulating the technical professional skills and
issuing business permits to physical and legal persons engaged in the
business of real estate development, land use, construction, and
architectural design.
6.
directing, advising, monitoring and controlling all aspects of land
management, urban planning, construction, cadastral works, and topography.
7.
disseminating and educating on laws, regulations, and technical
skills related to land management, urban planning, construction, cadastral
works, and topography.
8.
cooperating with international institutions and organizations to
ensure a smooth functioning in the fields of land management, urban
planning, construction, cadastral, and topography.
9.
cooperating with the Ministry
of Economy and Finance to collect land tax.
Article
4
The
organizational structure of the Ministry of Land Management, Urban
Planning and Construction shall be as follows:
1.
At
the Ministerial Level:
-
Cabinet of the Minister.
-
General Inspectorate.
-
the General Department of Administration consisting of:
Administration
and General Affairs Department;
Personnel
Department;
Planning,
Economy and Financial affairs Department;
Legislation
Department;
Economic Development, Investment
and International Relations Department.
- The
General Department of Land Management and Urban Planning consisting of:
Research and Regulations Department;
Land Management Department;
Urban Planning Department.
- The
General Department of Construction consisting of:
Technical Construction Research Department;
Design Department;
Construction Department.
-
The General Department of Cadastre and Topography consisting ofญ:
Land
Administration Department;
Land
Inspection Department;
Technical
Department;
Land
Registration Department;
Topography
Department;
-
Laboratory.
-
Professional Training Center.
-
Establishments and Public Enterprises under the Ministry.
-
Financial Control Unit.
2.
At
the Local Level:
-
The Provincial/municipal Office of Land Management, Urban Planning,
Construction and Cadastral Works.
-
The District Office of Land Management, Urban Planning, Construction
and Cadastral Works.
The
organizational chart of the Ministry of Land Management, Urban Planning
and Construction shall be attached in the annex of this Anukret.
Chapter
3
Cabinet
of the Ministry
Article 5:
The Cabinet of the
Minister shall be responsible for
all missions defined by the provisions of Anu-kret No. 20/ANK/BK of April
30, 1996 on the Organization and Functioning of Ministries and State
Secretariats.
Chapter
4
General Inspectorate
Article 6:
The
General
Inspectorate of the
Ministry shall be
responsible for:
-
conducting regular inspections of institutions subjected to
the jurisdiction of the Ministry;
-
reporting to the Minister on the functioning of these institutions
and providing suggestion for their improvement;
-
monitoring, reconciling, and
addressing administrative conflicts related to the competency and
activities of civil servants and agents of the Ministry;
-
performing duties as directed by the Minister.
The
General Inspectorate shall be administered by an inspector general assisted
by deputy inspector generals as necessary.
Chapter
5
General
Department of Administration
Article 7:
The
General Department of Administration shall
be responsible for:
-
managing administration works such as preparing reports,
documentation, human resources, planning, finance, equipment, personnel,
and legislation;
-
coordinating all
administrative activities between the ministry and provincial/municipal
units and other ministries or institutions;
-
formulating
economic development and investment programs in accordance with the policy
of land management, urban planning and construction, in collaboration with
ministries, organizations, and national and international bodies;
-
handling public and
international relations.
The General Department
of Administration shall be administered by a director general assisted by
deputy director generals as necessary.
The General Department shall have the duty to direct and manage the following 5 departments: Administration and General Affairs Department; Personnel Department; Planning, Economy and Financial Affairs Department; Legislation Department; and Economic Development, Investment and International Relations Department.
Article
8:
The
Administration and General Affairs Department shall be responsible for:
-
coordinating the activities of the Ministry at the central level
and with local institutions under the Ministry;
-
planning activities for the Ministry;
-
administering, processing, filing, and
circulating administrative, documents of the Ministry;
-
preparing topics and agendas for meetings,
conventions, conferences, seminars, and other ceremonies; . .
-
ensuring the efficiency and safety of the
administration of the Ministry;
-
consolidating activities reports of the Ministry;
-
handling inter‑ministerial and public relations;
-
briefing information and news related to the Ministry.
The Administration and
General Affairs Department shall be administered by a director assisted by
deputy directors as necessary.
Article
9:
The
Personnel Department shall be responsible for:
-
administering civil servants, and agents of the Ministry
in collaboration with the Secretary of State for Civil Services;
-
preparing administrative letters for personnel management;
-
preparing professional staff programs and human resources development of
the Ministry;
-
conducting staff training needs
assessments;
-
monitoring and evaluating the technical capacity of civil servants of the
Ministry;
-
preparing personnel salary, fees, and social
security allowances;
-
preparing statistics
and production of decision making tools for personnel management.
The
Human Department shall be administered by a director assisted by deputy
directors as necessary.
Article
10:
The
Planning, Economic and Financial Affairs Department shall be responsible
for:
-
cooperating and coordinating with departments, units, and offices
subordinated to the Ministry in order to prepare budget plans for the
Ministry and provincial/municipal offices;
-
collecting revenues in accordance with the Financial Law;
-
making financial statement adjustments;
-
monitoring and advising management of special accounts;
-
consolidating the needs,
preparing expenditure plans, and managing the repair of materials and
equipment of the Ministry and the provincial/municipal offices;
-
collaborating with the Ministry
of Economy and Finance, and other relevant ministries or institutions and
settling the operation expenditures of the Ministry and the
provincial/municipal offices;
-
collaborating in the checking
of quality and quantity of materials and equipment prior to storage;
-
managing movable and immovable assets and stocks, and making inventory;
-
preparing travel expenditure plans;
-
maintaining regular bookkeeping and accounting statements;
-
computerizing financial and accounting activities;
-
controlling the modality and procedures of public procurement operations;
-
maintaining data bases
of the Ministry and making expenditure allocations for the development of all economic sectors;
-
evaluating the financial
and economic impacts of investment projects using domestic or external
resources for development;
-
coordinating and monitoring the implementation of foreign aid;
-
giving instructions on technical works and planning to all
provincial/municipal units which utilize the Ministry's budget to ensure
compliance with the principles of the Ministry of Economy and Finance;
-
preparing bi‑annual and annual reports.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
11:
The
Legislation Department shall be responsible for:
-
handling all matters of the ministry related to legislative
affairs;
-
drafting laws,
anukrets, prakas,
sarachors, directives,
and other regulations for the
Ministry;
-
reviewing and modifying laws and regulations of departments,
and offices under the Ministry to ensure consistency with current laws in
force;
-
providing legal advises to departments, units, and offices under
the Ministry to ensure proper application of their mandates;
-
collaborating in the conduct of training and dissemination of laws and
regulations related to land management, urban planning, construction,
cadastre, and topography;
-
reviewing and commenting on the legality of applications for land titles,
construction permits, permits to operate architecture and construction
businesses, permits to open or close construction sites that are
under the competency of the central administration;
-
collaborating with
the General Inspectorate of the Ministry to investigate the application of
laws and settle disputes involving land and construction;
-
administering the library of the Ministry.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
12:
The
Economic Development, Investment and International relations Department
shall be responsible for:
-
preparing economic development and investment programs in
accordance with land management and urban planning policies through the
strengthening of relations with financiers, grant aid donors, investors,
the Ministry of Economy and Finance, the Council of Development of
Cambodia, and the Council of Ministers;
-
evaluating the strengths, weaknesses, or irregularities of investment
projects of provincial and municipalities;
-
monitoring the implementation of approved projects;
-
coordinating foreign assistance;
-
developing plans
for international relations;
-
acting as the focal
point of the Ministry in coordinating and collaborating with relevant
ministries and international cooperation.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Chapter
6
General Department of the Land Management
and Urban Planning
Article.
13:
The General Department
of Land Management and Urban Planning shall be mainly responsible for:
-
making proposals and
implementing strategic land management and urban planning policies to
ensure balanced and sustainable economic and social development so as to
protect the common interest, environment, natural resources, cultural
heritage, and patrimony, and to enforce public order and to safeguard the
aesthetic;
-
collecting information and data, by cooperating with relevant ministries
and institutions to conduct studies and future forecasts in order to
formulate policies, planning, programs, procedures, legislation,
provisions, regulations, standards, and measures related to land
management and urban planning;
-
advising,
monitoring, and promoting the coherent implementation of land management
and urban planning policies throughout Cambodia;
-
inspecting proposed sites for construction;
-
proposing technical
skill and, training programs for the ministerial and provincial/municipal
officials;
-
cooperating
with international organizations and other organizations.
The
General Department of Land Management and Urban Planning shall be
administered by a director assisted by deputy directors as necessary.
The
General Department of Land Management,
and Urban Planning shall consist of the following 3 departments:
Research and Regulations Department;
Land Management Department;
Urban Planning Department.
Article
14:
The
Research and
Regulation Department shall be responsible for:
-
communicating and collaborating with ministries, institutions, and
provincial/ municipal administrations to conduct research and collect
statistics and data to serve as a basis for formulating legislation on
land use management, expropriation, land provisions, and establishing
guidelines, circulars, provisions, regulations, and norms related to land
management and urban planning;
-
monitoring the impact of land management and urban planning policies
arising from domestic and foreign investment projects;
-
defining criteria
for selecting the location and type of business development projects which
utilized domestic, foreign, state, and private funds.
The
Research and Legislation Department shall be administered by a director
assisted by deputy directors as necessary.
Article
15:
The
Land Management Department shall be responsible for:
-
formulating land management policies, plans, and strategies to
ensure appropriate, balanced and sustainable use of land and natural
resources;
-
preparing technical documents for inter‑ministerial meetings;
-
acting as the focal
point of the Ministry in setting up procedures for the development of a
national, sectoral, regional, and provincial/municipal master plan;
-
working on forecasts and establishing project frameworks, plans, and
programs to organize and improve national infrastructure development in
collaboration with relevant ministries and institutions. The works will
entail determining communication networks, hydrology systems, basins,
ports, and airports and subdividing land into important zones such as
industrial, agricultural, export, housing settlement, tourism zones, and
natural areas such as forests, mountains, lakes, valleys, rivers, seas,
beaches, conservation areas, etc.
-
monitoring the implementation of ministries and provincial/municipal
authorities related to land management in accordance with priorities
defined in the land management policies;
-
regularly monitoring and recording all social-economic data on the to be
updated national map.
The
Land Management Department shall be administered by a director assisted by
deputy directors as necessary.
Article
16:
The
Urban Planning Department shall be responsible for:
-
proposing legislation, provisions, and regulations on urban
planning;
-
implementing urban
planning policies to develop cities, suburbs, towns, and other areas
surrounding the cities in order to improve the social order,
aesthetic, safety, and well being of the cities;
-
studying and
designing master plans and specific zoning plans by dividing cities and
urban areas into commercial centers, handicraft, administrative,
educational, and residential areas, reserved areas, schools, sport courts,
road shoulders, recreational areas, hospitals, sacred places, religious
sites, and public parks, and the like.
-
cooperating with relevant institutions to set up plans for
communications infrastructure, public transportation systems, sewer
systems, clean water supplies, electricity, telecommunications, and other
needed facilities in the cities;
-
reorganizing and improving quality of cities and new developed
urban areas;
-
organizing plans to create new towns and new community development areas;
-
monitoring, documenting, and analyzing data on the socio‑economy,
supply capability, transportation, census, density, demography, and other
factors affecting city development;
-
reviewing and issuing construction licenses;
-
monitoring and taking measures to effectively implement urban planning
policies.
The
Urban Planning Department shall be administered by a director assisted by
deputy directors as necessary.
Chapter
7
General Department of
Construction
Article 17:
The
General Department of Construction shall be responsible for:
-
maintaining national identity while promoting the modernization of
the construction industry;
-
undertaking necessary research for the establishment and
standardization of regulations, norms, technical criteria and guidelines,;
architectural design,
and building rules;
-
guiding, advising, monitoring,
and reviewing projects of construction,;
renovation, rehabilitation,
and maintenance of all public facilities and private buildings including
national heritage and other constructions. The latter shall be defined by
inter ministerial joint Prakas;
-
administering and regulating physical and legal persons engaged in
businesses related to construction and consulting services and defining
their technical and professional requirements and issuing operating
licenses to these firms;
-
controlling and testing construction materials;
-
classifying standards and qualities of building materials and equipment
whether imported or manufactured locally;
-
defining needs in term of technical trainings and organizing such training
for technical personnel of the Ministry and, its provincial and municipal
offices. Provide technical support to construction and architectural
schools and educational institutions.
-
co-ordinating with the Council for the Development of Cambodia to review
all investment projects related to construction industry;
The
General Department of Construction shall be administered by a general
director assisted by deputy general directors as necessary.
The
General Department of Construction shall consist of the following 3
departments:
-
Construction Technical Research Department;
-
Design Department;
-
Construction Department.
Article
18:
The
Construction Technical Research Department shall be responsible for:
-
undertaking research to formulate technical guidelines, rules,
norms, standards, and specifications for architectural designs and
construction;
-
defining technical characteristics and qualities for various classes of
building materials and equipment whether imported or locally produced and
advising importers and local manufacturers accordingly;
-
compiling varying price index lists of construction materials and
equipment and labor rates by province and municipality; constantly
monitoring market rate fluctuations;
-
controlling and testing construction materials, components, and location
soil; conducting research and developing new building materials using
locally produced raw materials for domestic housing. Collecting
information on the latest construction equipment and techniques used for
modern structures from local and international markets;
-
collaborating with the Personnel Department and Vocational Training Center
to provide technical skill training to the staff of the Ministry and
provincial/municipal offices; educating and disseminating construction
techniques documents to all communities to enhance economic productivity,
public safety, and well being; and providing technical support to civil
engineering and architectural training establishments.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
19:
The
Design Department shall be responsible for:
-
studying new construction,
renovation, and rehabilitation projects of the ministries, institutions,
and provincial/municipal administration financed through public,
international organizations, and private sources. Studying, researching,
and devising planning projects incorporating technical documents and
drawings;
-
studying architectural designs and estimating materials required for
public construction projects;
-
scrutinizing architectural designs and building techniques;
-
monitoring construction specifications and schedules;
-
verifying required quantities of building materials, to be imported under
investment projects in terms of foreign currencies;
-
administering, controlling, and defining the technical capabilities of,
and issuing licenses to, physical and legal persons engaged in the
businesses of construction and consulting services.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
20:
The
Construction Department shall be responsible for:
-
advising, monitoring,
and supervising all technical works related to construction, renovation,
rehabilitation,
and demolition to ensure public safety and structural quality;
-
authorizing the opening and closing of construction
sites of enterprises, companies, and construction firms.
-
participating in technical investigations, and providing technical
documents to competent institutions in matters related to construction
disputes, demolition, collapse, and other violations of technical rules
and regulations;
-
analyzing new construction techniques and technologies that are proven
well tested and effective and utilized throughout the world, particularly
in ASEAN member countries;
-
formulating rules, regulations, and technical guidelines for renovation,
rehabilitation, maintenance, and use of public buildings and structures
declared as national heritage;
-
formulating schemes for large renovation, rehabilitation, and maintenance
projects and ensuring compliance of construction techniques as prescribed
in the agreement;
-
collecting data and evaluating economic and cultural value for the use of
public buildings and structures declared as national heritage;
-
guiding and controlling
renovation and structural modification works to ensure public safety and
order, economic productivity, aesthetic beauty, and quality of public and
national heritage constructions.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Chapter
8
General
Department of Cadastre and Topography
Article
21:
The
General Department of Cadastre and Topography shall be responsible for:
-
serving as a focal
point of the Ministry for matters related to cadastral and topographical
affairs;
-
researching and developing provisional regulations related to the
administration and use of land;
-
setting up
objectives and plans for activities related to cadastral and topographical
affairs;
-
carrying out
cadastral surveying and mapping;
-
issuing land titles
throughout Cambodia;
-
carrying out
cadastral registration and inspection in conformity with the roles,
.duties, and competence of the General Department of Cadastre and
Topography;
-
defining parcel
boundaries;
-
registering state properties;
-
collaborating with the Department of Personnel and Professional Training
Center in providing technical and skills training to staff;
-
acting as a focal
point for the Ministry on matters related to cooperation with
international organizations and foreign countries in the field of
technologies and sciences to advance the cadastral and topographical
fields;
-
cooperating with other ministries and institutions in managing land use.
The
General Department of Cadastre and Topography shall be administered by a
director general assisted by deputy director generals as necessary.
The
General Department of Cadastre and Topography shall consist of the
following 5 departments:
-
Land Administration Department;
-
Land Inspection Department;
-
Technical Department;
-
Land Registration Department; and
-
Topography Department.
Article
22:
The
Land Administration Department shall be responsible for:
-
researching laws and regulations related to land administration;
-
developing guidelines, measures, and instructions related to cadastral
works;
-
planning programs of activities for cadastral works;
-
proposing co-operation projects in the field of technical sciences;
-
establishing land classification and land valuation;
-
making proposals on land policies and agrarian reform.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
23:
The
Department of Land Inspection shall be responsible for:
-
monitoring the application of laws, principles, and instructions
within all units under the General department;
-
controlling technical works in the determination and computation of
cadastral surveying methodology in the provinces, municipalities, and
districts;
-
reviewing the administration of cadastral documents;
-
inspecting financial management.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
24:
The
Land Registration Department shall be responsible for:
-
filing and administering cadastral documents;
-
investigating and
verifying documents related to immovable properties;
-
registering state properties;
-
registering land,
and updating physical and juridical changes affecting immovable
properties;
-
maintaining cadastral records and archives;
-
providing land information.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article
25:
The
Technical Department shall be responsible for:
-
studying and determining surveying methods and technical standards;
-
imparting technical skills to provincial/municipal cadastral offices;
-
administering land data using modern cadastral systems;
-
surveying and delineating parcel boundaries and digitizing cadastral maps;
-
interpreting photos for parcel identifications;
-
studying and defining procedures for the establishment of cadastral index
maps.
The
Department shall be administered by a director assisted by deputy
directors as necessary.
Article 26: