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Property registration requirements

Source: The World Bank Group

 ProcedureTime to complete:Cost to complete:
*1 The buyer verifies the title certificate with the Land Office, checking for potential liens or encumbrances 7-30 days (simultaneous with procedures 2 and 3) US$ 10 - 20
*2 Obtain information on the property from the Commune Council Official 10 days (simultaneous with procedures 1 and 3) no cost
*3 The buyer should obtain the certificate of incorporation of the seller’s company and other documents from the seller 10 days (simultaneous with procedures 1 and 2) no cost
4 Apply for registration at the District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC) 1 day KHR 350,000 or US$ 90 (Cadastral transfer fee) and KHR 5,000 or US$ 1.30 (stamp duty)
5 Pay transfer tax at the Tax Collection Office 1 day 4% of property value (transfer fee)
6 Return to Cadastral office to complete the registration process 5 days Cadastral service paid in procedure 4
7 Obtain the certificate of title from the Municipal Land Office At least 30 days Already paid in Procedure 5

* Takes place simultaneously with another procedure.

Registration Requirement Details

Procedure  1. The buyer verifies the title certificate with the Land Office, checking for potential liens or encumbrances
Time to complete: 7-30 days (simultaneous with procedures 2 and 3)
Cost to complete: US$ 10 - 20
Name of Agency: Land Office
Comment: The buyer should obtain a copy of the initial title certificate from the seller and verify proper ownership, ensuring that the seller is the rightful owner of the title certificate. He verifies the title certificate with the land office to ensure that there are no liens, mortgages or other encumbrances registered for that property.
Note: on cost: Official cost is 20,000 riels (US$5) but it is essentially impossible to obtain the Certificate without paying US$10 to US$20, and sometimes more in various locations.
   
Procedure 2. Obtain information on the property from the Commune Council Official
Time to complete: 10 days (simultaneous with procedures 1 and 3)
Cost to complete: no cost
Name of Agency: Commune Council
Comment: The land purchaser may contact the village chief or the commune council official to obtain information on the land in addition to an official search at the municipal land office.
   
Procedure 3. The buyer should obtain the certificate of incorporation of the seller’s company and other documents from the seller
  10 days (simultaneous with procedures 1 and 2)
  no cost
  Ministry of Commerce
  If the landowner is a legal entity, the buyer should obtain a copy of the ID of the shareholder or person acting on behalf of the company, and a certified/notarized copy of the certificate of issued by the Ministry of Commerce. These documents are needed to verify the accuracy and identity of the company name appearing in the title certificate. A Power of Attorney is also needed, as well as a resolution signed by the Board of Directors authorizing a named individual to represent the company at the land office accompanied by the Power of Attorney implementing that Resolution.
   
Procedure 4. Apply for registration at the District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC)
Time to complete: 1 day
Cost to complete: KHR 350,000 or US$ 90 (Cadastral transfer fee) and KHR 5,000 or US$ 1.30 (stamp duty)
Name of Agency: District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC)
Comment: When 2 persons/companies wish to buy/sell real property, together they should go to the district office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC) and arrange to prepare and sign documents.
A cadastral transfer fee of about KHR 350,000 is paid to MLMUPC.

The documentation shall include the company's statute, its Certificate of Incorporation, and Power of Attorney (obtained in Procedure 3). At the time, the original Title Certificate held by the seller must be presented to the Khan at the time of signing the deed in order to have the name of the new owner inserted on the document.
   
Procedure 5. Pay transfer tax at the Tax Collection Office
Time to complete: 1 day
Cost to complete: 4% of property value (transfer fee)
Name of Agency: Tax Collection Office of the Ministry of Economy and Finance
Comment: A transfer tax of 4% of value of the property is paid to the Ministry of Economy and Finance at the Tax Collection Office of the location of the transferred property. A Tax Receipt is issued to prove that the tax has been paid.
The 4% transfer tax is set out in Article 40 of the Law on Finance for the year 1995. In Phnom Penh, this tax is not assessed based on the true transacted value of the property but based on a schedule of price of property determined by the Phnom Penh Municipality.
The assessed value is usually based on the total number of square meters, the land's location, use etc. The tax is not based on the actual price for which the land is sold, rather it is based on the assessed value. For the land of more that 1200m² , the surplus is subject to unused land tax. For the land less than 1200m² , the unused land tax is not applicable. The time for the tax office to complete the calculation of transfer tax will depend on the location of the land and its size.
   
Procedure 6. Return to Cadastral office to complete the registration process
Time to complete: 5 days
Cost to complete: Cadastral service paid in procedure 4
Name of Agency: District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC)
Comment: After taxes are paid the parties return to the cadastral office at the MLMUPC and sign/thumbprint a MLMUPC form for buying/selling real property that was filled in by MLMUPC official. The signing/thumb printing will be witnessed by a local authority such as commune chief who will also thumbprint. These procedures are based on Land Law Arts. 65, 244 and 245.
Land Law Art. 69 bars transfer unless all necessary taxes are paid.
The documentation shall include:
Payment receipts of transfer tax (obtained in Procedure 5)
   
Procedure 7. Obtain the certificate of title from the Municipal Land Office
Time to complete: At least 30 days
Cost to complete: Already paid in Procedure 5
Name of Agency: The Khan/District land office forwards all the "transfer documents" to the Municipal Land Office where it issues the Certificate of Title in the new owner's name and has it registered.
Comment: The Khan/District land office forwards all the "transfer documents" to the Municipal Land Office where it issues the Certificate of Title in the new owner's name and has it registered.
The last procedural step in practice can take several weeks, depending on the diligence of the land officials and interested parties.

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