““Land Administration Land Administration System System

In CambodiaIn Cambodia”

Presented by: Mr. SUON SOPHAPresented by: Mr. SUON SOPHADeputy General Director of Cadastre & Deputy General Director of Cadastre & Geography Geography Deputy-Director of LASSPDeputy-Director of LASSP

Contents

1.1. BackgroundBackground2.2. Rectangular Strategy Rectangular Strategy 3.3. Vision of Land AdministrationVision of Land Administration4.4. Progress and AchievementsProgress and Achievements5.5. The Systematic Land Registration In CambodiaThe Systematic Land Registration In Cambodia6.6. Can a Sucessful Modern Cadastre be Can a Sucessful Modern Cadastre be

Developed In CAMBODIA?Developed In CAMBODIA?7.7. ConclusionConclusion

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1. Background 1. Background •OverviewsOverviews

– Territory : 181 035 kmTerritory : 181 035 km2 2 ,Population: 14 mil,Population: 14 mil

–1 Capital, 23 Provinces, Language: Khmer 1 Capital, 23 Provinces, Language: Khmer 04/18/23 3

2.Rectangular Strategy

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Rectangular Strategy of RGC

Rectangle 1: Rectangle 1: Enhancement of Enhancement of Agricultural Sector Agricultural Sector which covers: (1) which covers: (1) improved improved productivity and productivity and diversification of diversification of agriculture; agriculture; (2)(2) land land reformreform and clearing and clearing of mines; (3) of mines; (3) fisheries reform; and fisheries reform; and (4) forestry reform.(4) forestry reform.

3. Vision of Land Administration system

Declaration of the RGC on Land Policy:Declaration of the RGC on Land Policy:The vision of land policy, is “to administer, manage, utilize, The vision of land policy, is “to administer, manage, utilize, and distribute land in an equitable, transparent, and and distribute land in an equitable, transparent, and sustainable manner in order to contribute to achieving sustainable manner in order to contribute to achieving national goals of national goals of poverty alleviationpoverty alleviation, ensuring , ensuring food food securitysecurity, natural resources and , natural resources and environmental protectionenvironmental protection, , national national defensedefense and socio-economic and socio-economic developmentdevelopment orienting towards orienting towards market economymarket economy”.”.Goals and activities involved in the three land sub-sectors are : (1)Land Administration, (2)Land Management and (3)Land Distribution

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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.

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3. Vision of Land Administration system (cont’)Field of activities for land administrationField of activities for land administration1.1.To To develop develop and strengthen the and strengthen the implementation of laws implementation of laws and and

regulations such as expropriation law, pre-emption law... regulations such as expropriation law, pre-emption law... 2.2.To establish a clear and complete To establish a clear and complete inventory of State immovable inventory of State immovable

propertiesproperties in a in a unifiedunified database system in order to enhance the database system in order to enhance the efficiency of management;efficiency of management;

3.3.To conduct To conduct land registration land registration throughout the country in a throughout the country in a transparent and effective way for both State land, and individuals' transparent and effective way for both State land, and individuals' private land.private land.

4.To establish geology information system and soil classification based on natural characteristic of land.

5.5.To develop a To develop a unifiedunified Geography Information System Geography Information System 6.6.To develop a participatory, transparent, and officially recognized To develop a participatory, transparent, and officially recognized

Land Valuation SystemLand Valuation System. . 7.7.To encourage participation of To encourage participation of private sector private sector in land surveying under in land surveying under

the control of the cadastral administration;the control of the cadastral administration;8.8.To continue To continue land disputes resolution land disputes resolution through administration through administration

commission, cadastral commission at all levels commission, cadastral commission at all levels 9.9.To develop To develop self-financing self-financing system for land administration, system for land administration,

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3. Vision of Land Administration system (cont’)

LASSP’s components:LASSP’s components:1.1. Development of land policy and legal Development of land policy and legal

frameworkframework2.2. Development of institutionDevelopment of institution3.3. Land titling program and development a Land titling program and development a

modern land registration systemmodern land registration system4.4. Strengthening mechanisms for dispute Strengthening mechanisms for dispute

resolution, andresolution, and5.5. Land valuation and land market developmentLand valuation and land market development

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4.Progress and achievements1. 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

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4.Progress and achievements (cont’)

3.3. Land Titling (from 2002 to July 2012) 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)

4.4. Land dispute resolutionLand dispute resolution– Registered – 5,673 cases, solved successful – 2,199 rejected –

1,710 , withdrawn – 433 cases, underway to solved – 1,3315.5. Land valuation and land market developmentLand 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 .

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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-The Systematic Land Registration 5-The Systematic Land Registration In CambodiaIn Cambodia

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

• CADASTRAL INDEX MAP & LIST OF OWNER ARE APPROVED BY PROVINCIAL GOVERNOR• LAND TITLE CERTIFICATE ARE READY TO SECURE YOUR RIGHT ON YOUR LAND

ARCHIVEMENT DUE PROGRAM ARCHIVEMENT DUE PROGRAM IMPLEMENTATION(2002-JULY IMPLEMENTATION(2002-JULY 2012)2012)

~1000 Land Registration Staff ~1000 Land Registration Staff Trained and Refreshed (~200 Trained and Refreshed (~200 Contractual Staff)Contractual Staff)

~10000 Administrative Commission ~10000 Administrative Commission Member were trainedMember were trained

2.7 Million Land Parcels Adjudicated2.7 Million Land Parcels Adjudicated

2.1Million Land Titles were Delivered2.1Million Land Titles were Delivered

63% Common Property(HUSBAND & 63% Common Property(HUSBAND & WIFE) husband and wife WIFE) husband and wife

20% -25% Wife Property20% -25% Wife Property

10%-20% Husband Property10%-20% Husband Property

6-CAN A SUCCESSFUL MODERN CADASTRE BE DEVELOPED IN CAMBODIA?

Status and Challenges

A) SECURITYA) SECURITYB) CLARITY AND SIMPLICITYB) CLARITY AND SIMPLICITYC) TIMELINESSC) TIMELINESSE) ACCESSIBILITYE) ACCESSIBILITYF) COSTSF) COSTSG) SUSTAINABILITYG) 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 peopleCHALLENGES:• 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 In fact, land reform surely contributescontributes to achieving to achieving national goals of national goals of poverty alleviationpoverty alleviation, ensuring , ensuring food food securitysecurity, natural resources and , natural resources and environmental environmental protectionprotection, , national defense national defense and socio-economic and socio-economic ddevelopmenevelopment oriented towards t oriented towards market economymarket economy”.”.

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Thank you Thank you for your for your attentionattention