![Selected Comments of Samdech Thipadei Hun Manet. at the closing session of the 2024 stocktaking and 2025 directives setting of the Ministry of Land, Urban Planning and Construction [Unofficial Translations]](https://grandnewsasia.com/app/uploads/2024/12/fn-2024-11-26-16-44-54-3.jpg)
(1) Disputes on residential city project has decreased in social media
Before providing recommendations for continued works of the Ministry of Land Management, Urban Planning and Construction (MLMUPC), I would like to draw your attention to the points raised by Deputy Prime Minister and Minister of LMUPC, HE Say Samal, and reflect the government’s experience over the past 15 months […] the land dispute is a hot topic that is difficult to resolve, and can ignite or cause instability or become a political issue that is becoming more serious […] you can compare, however, in the last 15 months – at what extent had the disputes been posted on Facebook, and to what extent have they decreased so far. This is not happening by chance but (resulted from the government’s efforts together with concerned ministries/institutions in) defining a resolution strategy from the beginning […]
I would like to emphasize the orientation on some topics, including land disputes, Borei (residential project) disputes, Tonle Sap Lake area, Angkor temple area, social land concession and construction issues. As for land disputes, it is not a new thing. It is a chronic thing […] the historical perspective and a protracted war had destroyed the opportunity to organize (land ownerships) for years. The Pol Pot generation burned away the private property […] in 1993, some political parties came in (and propagandized) that if they won the election, they would return the pre-war property. (If that was the case, then) people would have definitely fought each other […] (with peace,) we now have reorganized (the land ownership) through measurements by (1) solving the problem we are having at hand and (2) determining a long-term solution strategy to put out the fire once and for all […]
(2) Over 3,000 land disputes resolved in 15 months of the new RGC’s term
According to reports, we had from the start over 15,000 land dispute cases – nearly 16,000. We have made effort to resolve them, and so far, we still have less than 1,000 (cases to resolve). In these 15 months alone, we have resolved over 3,000 cases. We are using extrajudicial mechanisms, land dispute resolution mechanisms of ministries/institutions, provinces/capitals […] to resolve land conflicts/disputes between people and people, people and state or community […] this long-term resolution preparation expedites land measurement, registration, and title issuance […] since the beginning of the term, I have approved the proposal of the Ministry of Land, Urban Planning and Construction to increase the budget for this work […] we have prepared over 5,000 people […] and earmarked 100 million US dollars to push this job forward. Hopefully, in this term, we can complete this task […]
(3) Making land a living capital asset of the citizens/nation
When we have a solid mapping and certificate (of land titles), in addition to help ending disputes, it also helps facilitate use (of the land titles) to increase opportunities for various economic activities. The other day, I have asked for a book that I have read, written by an economist (titled) “The Mystery of Capital”. The book talks about dead capital and living capital. Dead capital […] refers to land and/or real estate that is lifeless because it has no title, and therefore cannot be used, or does not have value […] we have been working on resoling the problem of dead capital that many countries are stuck with. We make it come to live. We turn it into a living asset for our citizens through measurement, registration, and issuance of (land title) certificates […] while putting out the fire, we even give the opportunity for those lands to become living assets for the people/nation […]
(4) Kampong Cham will be the first to complete the registration of land parcels
Can we complete the work of determining the boundaries, measuring and issuing land title certificates in this term? We have done 7.7 million. Last term, we issued 7 million titles […] we have done about three million. There is still about 1.5 million to be done. Please finish this work in the near future to extinguish the fire of uncertainty (regarding land titles) […] next month, I will announce Kampong Cham the first province to complete the survey and registration of land parcels […] the economic reform started in the era of the State of Cambodia, the time when Samdech Techo Hun Sen first introduced the land ownership policy in 1989. If we complete this work by 2029 (we will be able to celebrate) the 40th anniversary of (the implementation of the land reform). We will be able to achieve the goal of ending disputes of unclear border demarcation […]
(5) The real estate sector affects the banking and every other sectors
The second point is the Borey dispute. We can say that land disputes are an old thing that has been around for a long time, but the Borey dispute is a new thing […] we must accept which problem is at hand and must be resolved. It is a very sensitive issue that must be resolved with flexibility, understanding, and patience. I divide the Borey into two. The Borey that does the right thing, with real intentions, but just faces challenges due to wrong valuations and the Borey that has fraudulent intentions […] (the reason for this concern is) if there is a problem in the real estate sector, it will affect the banking and every other sectors. We have two major goals to achieve. First, solve the problem at hand, which is the dispute. Second, what should be done to ensure the survival and not the death of the real estate sector […] everyone invested because there were buyers. There were buyers because the market was rising. The more investors turn over (capital) to build Borey, the faster they will lose the market […] both the investors and the customers were miscalculating. They are all victims […] firstly, we must be flexible, gentle, and understanding in resolving (the problem) […] but we must take careful steps (2) to avoid creating confusion […]
(6) Exemptions and preferential policies introduced to help the real estate sector
Not all of the disputes in the 99 Boreys (can be resolved). While some Boreys have already gone bankrupt, some are still capable of moving forward and some are able to solve problems, and have recovered somewhat […] I have looked at the monthly data […] and I see that there is a picking up trend. In the last six months, according to the report, there have been more than 1,600 projects with an investment of more than two billion USD. It is gradually recovering. The important thing here is to see if it has reached the bottom? […] the Royal Government has introduced many exemptions and preferential policies […] that helped the real estate sector, especially in the Borey, such as (1) making exemption from tax on capital gains on real estate, where buyers and sellers do not pay taxes, and they can reinvest the profits […] (2) allowing construction development companies to pay taxes in packages according to projects […] as we are easing and simplifying procedures. (3) exercising exemption from stamp duty on the transfer of ownership and right to occupy all types of housing, at the price of 70,000 (dollars) and/or below. If the price is more than 70,000 dollars, we deduct USD 70,000 from the tax base […]
(7) More preferential policies to help save the real estate sector and national economy
Three major problems that have not been implemented even with the policies introduced. Firstly, some Boreys do not have a license […] therefore the buyer cannot claim. Secondly, some people buy (their houses/shophouses/flats) before the government policy was issued. Samdech Techo announced the policies in 2020 […] and thirdly, they have bought a house/flat/shophouse) in Borey, but ownership transfer was from an individual […] so, they could not benefit from the policy […]
Firstly, the Borey that does not have a license […] please go and see which Borey has the necessary qualifications. If the Borey is bankrupt, we need not issue a license […] we will let them go, no penalty is necessary. However, we must ensure that his construction is technically sound. Construction technology and public safety must be guaranteed […]
Secondly, some buyers bought their houses before February 25, 2020, when Samdech Techo announced the policy[…] (and I have decided) to extend the principle of exercising exemption from stamp duty on the transfer of ownership bought at the price of 70,000 (dollars) and/or below, till late 2025 […]
Thirdly, the Borey that does not have a license and has gone bankrupt. For citizens who have bought a house, there is a clear letter from the Borey that has gone bankrupt, please ask the MLMUPC to issue them the titles. If the price is 70,000 USD and below, the will have the favor of stamp duty too […]
I am preparing another policy to (encourage) people to buy houses. For first-time home buyers in Borey or condos of a house at a price worth more than USD 70,000 but less than USD 210,000 […] they will be exempt from stamp duty too […] the main idea is to help save the real estate sector and help the national economy, increase purchasing power, put more money into the market […]
Those buyers who has the resource ability […] must help pay so that Borey can have that money and build the house for other buyers. If we don’t help each other, how can we (save the real estate sector) […] please continue to pay […] at least protect our own reputation, our own credit […] integrity is required in this difficult time […] I thank the Bank Association for issuing credit management policies, and easing penalties […] some people have been better after restructuring and some are still in difficult state. However, we have provided them with solutions […]
(8) Leng Channa’s project was not fair from the start
We have examined two projects – the former Oknha Leng Channa and Oknha Chea Saran […] we must implement the law […] firstly, we evaluate (the project). Has it been fair or unfair? (Deputy Prime Minister and Minister of LMUPC) HE Say Sam Al has been working on this for a while. Finally, we evaluate that the project (of Oknha Leng Channa) from the start is not a fair project […] it has problems from the start – the Ponzi scheme thing […] I look at the court’s announcement, about 20 people have been arrested, further investigations have been conducted, and a policy has been issued to freeze the assets of some of the people involved […] the case of Oknha Chea Saran is the same […] the Kampot Provincial Court has issued an announcement that, as of this time, 106 bank and microfinance accounts have been frozen, 2012 land plots belonging to those involved have been frozen, and the court is looking to collect additional assets […] the assets collected will be figured out how to return them […]
(9) Protecting Tonle Sap Lake for the Cambodian people in the whole country
Regarding the Tonle Sap Lake case, at the 2023 work summary conference of the Ministry of Agriculture, Forestry and Fisheries in January, I put forward this principle […] the Royal Government, on the one hand, considers the interests of the hundreds of families in the area, and on the other hand, the 17 million people. Furthermore, we are protecting this Tonle Sap Lake not only for the 17 million people. The Tonle Sap Lake is for 17 million people at the moment, but in 20 years, the Cambodian population can increase possibly to 20 million or 30 million. We protect this Tonle Sap Lake for the Cambodian people all over the country, no matter how many millions there will be […] I would like to emphasize that what we are doing in Zone-3 is for the millions of Cambodian people, for the ecology system, for the biodiversity system, for the fish system […] we still have a long future ahead […]
Zone-2 is where people can use in principle. There will be no ownership, no trading, but only the right to use. They can be rented from the state. The land there is given to the six provincial authorities to own and manage, or the right to let people to benefit from it, but not ownership […] I would like to make it clear that after the delimitation, there will be no further border adjustments. We must maintain it for the benefit of all […] considering the livelihood of the people, we must find ways to help them, help diversify from relying only on Tonle Sap Lake to other income sources […]
At the previous meeting, the Governor of Kampong Chhnang province raised the possibility of organizing some areas into industrial zones, special economic zones aimed at creating income for tens of thousands of people in those areas […] it is for this reason that we will build a bridge across the Tonle Sap from Kampong Thom to Kampong Chhnang and the national road 50C, creating a special economic zone, and logistics in Kampong Laeng district to help people who previously lived solely on agriculture during the dry season […]
At the same time, we are preparing a special economic zone and a cashew agroindustry project in that area. Soon, the Funan Techo Canal will create economic activities in the lower basin area. That is the strategy to provide opportunity to the people around Tonle Sap Lake, after land accessibility […] in the effort to transform from agriculture to agroindustry, and to light industry, or from garment and textile manufacturing now to car assembly […]
(10) Protect Tonle Sap resources, diversify economic sources, infrastructure investment in the six provinces around Tonle Sap Lake
Krakor District of Pursat Province used to be a place where people traveling past back and forth. Kampong Chhnang too […] protecting the environment and the Tonle Sap resources is not just by defining zones, but also by finding ways to diversify economic sources for the people, including creating more agroindustry and industries there by building connectivity infrastructure, and encouraging more investment in the six provinces around Tonle Sap Lake. Yesterday, Kampong Thom asked for approval in principle […] to establish a cashew agroindustry zone in Kampong Thom […] those who have the right to work in Zone-2 must respect the code of conduct. After defining the boundary, the principle is to set the conditions for land use and farming, but do not overuse fertilizers or do anything that is destructive to biodiversity or soil […] in the last 15 months, we had implemented the five approaches in many areas […] I have no other interest in the Tonle Sap Lake other than the duty to protect it, to ensure a balance between what the people need to live on and the natural resources that are protected for the common good of all. The duty as the head of government must be bold enough to intervene […] to set clear boundaries and to publicize them to the people. We must clearly define the principles and conditions of what this area can and cannot do, what Zone-1 is for, what Zone-2 is for, and what Zone-3 prohibits […]
(11) The Angkor Wat site has seen population growth and expansion of living space
Another issue is the Angkor Wat conservative site […] we have designated Angkor Wat as a heritage site. We asked UNESCO for help in 1992. It was 32 years ago. Angkor Wat was a highly vulnerable site. The situation has changed in the past 30 years, but that does not mean we give up on the goal of protecting it as a heritage. We cannot accept it that in another 50 years or there will be a 20-story hotel next to the temple. We must, however, recognize that in the past 30 years, there has been real population growth in the area. Secondly, there has always been constant conflicts between the Apsara authorities and the people who live (and expanding the living area) due to population growth. We therefore have to study again, redetermine the conditions for land use, redetermine the geographical location of ancient mounds, whether they are or are not, and ensure a balance in which people can live and where we absolutely have to protect […]
(12) Envisioning the 400 square kilometer area of Angkor to become in 15 to 50 years
The Apsara Authority has the responsibility to protect the heritage […] if we do not have clear conditions, in 20 years the area will change because there will be increasing population and demand will rise. This has required us to set a clear vision of what we want the 400 square kilometer area of Angkor to become in 15, 20, or 50 years? […] we do not stipulate that people should not live in the 400 square kilometer area (but) if they do, they will definitely have children […] the meeting the other day agreed that firstly, we must determine the land conditions in the 400 square kilometer area, what rules we should relax. However, we must not lose ownership […]; secondly, along with the needs of the people, this area should maintain Khmer-style buildings […] I think LMUPC, the Ministry of Culture and Fine Arts, and I would envision the participation of the architectural and engineering committees, to determine what the village areas in the Angkor area should look like in the next 50 years […]
(13) Managing Khmer architectural style in Angkor area to become a national heritage gem
Regarding the conditions of the construction in the Angkor area, if people are allowed to stay (in the area), we must recognize that they have a certain degree of rights to development and participate in the maintenance and conservation, and at least, allow them to have children and expand their families, and transfer of ownership from father to son, like outsiders […] if the place is organized as a village properly, the management of the Khmer architectural style at the exterior – that place is a gem. We protect our heritage […] the value of the Angkor area and other heritage sites is not only about that much […] it must be reviewed. Which areas are truly ancient mounds that must be protected? Which areas we thought were ancient mounds but now are no longer ancient mounds, and allow people to expand […]
(14) Social land concession program, forest protection land for development …
The problem of land shortages among citizens and land encroachment. Social land concession work […] first started in between 1991-1993, when the Royal Government gave land to our citizens who returned from the Cambodian-Thai border. Secondly, in 1998, we gave land to our brothers and sisters when the former Khmer Rouge people were integrated. Later, we gave land to citizens according to the 2012 National Land Act, where 700,000 plots of land, equivalent to 1.2 million hectares, were given as ownership to citizens. Later, we have a mechanism for giving state land through social land concession programs such as LASED, in three phases, to veterans, military families, border police, and poor citizens starting in 2003. To date, we have given 490,000 families 1.4 million hectares of land and built 8,200 houses […] moving forward, we will continue the social land concession program […] early next year, we will implement an additional program, namely the provision of forest protection land for development […]
(15) Forest concession reviewed; aesthetics and safety Borey and safety construction standard observed
State land is common land, and is no different from Lake Tonle Sap […] the state has a duty to take care of the people […] I have instructed concerned authorities to review companies that have concessions to cut down forests. Let me send a clear message. They should not cut beyond the concessional border […] Th customs has asked for permission to allow export of natural charcoal made from acacia trees. Clear inspection must be made to make sure that the charcoal companies do not cut the forest beyond their permissions […] or we will withdraw the license and the charcoal companies will be fined […]
Another point I would like to raise is related to the aesthetics and safety of the citizens […] we do not just prepare the land titles to avoid disputes, but also define both aesthetics and the master plan, no matter big or small city, even in the countryside, which we call rural Borey, to have water, electricity, sanitation, and living in the style of the locals […]
(Regarding the electricity,) the other day (the Ministry of Energy and Mines has reported that) 99% of the transmission lines were lined in, and we are still trying to connect them in some places. We still have private electrical line service providers. The state electricity is what we are trying to promote. In terms of industry, large urban areas, we must solve the need clean water […] the other day, in terms of religion, Minister of Religious Affairs and Cult HE Chay Borin has had many plans to develop temples. In short, everything is modern, even the temples are modern […]
Secondly, safety construction standards. The Real Estate Association should control the quality of construction […] another matter of concern is the old construction in Phnom Penh. On this issue, HE Say Samal has been talking to me for almost a year. He has an idea that something needs to be done […] most buildings in Phnom Penh do not have foundations, and now on Phsar Thmey Road, old buildings need to be inspected a little bit. Find a way to help solve it […] for safety in Phnom Penh. Please form a public-private partnership, like the one we have between public-private partnership and Japan, etc. […] the aesthetics and organization of new cities, especially those that are new, must prepare a master plan […] I always advise to think about zoning when planning a new city to determine where the commercial zone will be, where the residential zone will be […] in old town areas, it is now difficult to expand roads […] we are studying underground communication possibility, but it will take a long time. We have to solve (connectivity problem) on land, especially the bus system, prepare public transportation routes in the future […]./.
