Legal Document

Ministry of Land Management, Urban Planning and Construction

No. 75/PRK/MoUC/September 2, 1999

 

PRAKAS ON THE REGULATION OF ARCHITECTURAL

AND CONSTRUCTION COMPANIES AND ENTERPRISES

 

- Referring to the Constitution of the Kingdom of Cambodia;

- Referring to Reach Kret NS/RKT/1198/72 of November 30, 1998, on the formation of the Royal Government of Cambodia;

- Referring to Kram 02/NS/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;

- Referring to Kram No 04/NS/94 of August 10, 1994 promulgated the Law on Land Management, Urban Planning and Construction;

- Referring to 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.  62/ANK/BK  of  July  20,  1999  on    the  Organization  and Functioning of the Ministry of Land Management, Urban Planning and Constructions;

- Seen Anukret No. 86/ANK/BK of December 19, 1997 on Construction Licenses;

- Pursuant to the needs of the Ministry.

 

IT IS HEREBY DECIDED:

 

ARTICLE 1:

All architectural and construction companies and enterprises that conduct activities within the Kingdom of Cambodia shall be subject to the jurisdiction of the Ministry of Land Management, Urban Planning and Construction (MLUC).

 

ARTICLE 2:

Architectural companies and enterprises shall be divided into four categories:

A.           First Category: enterprises and companies that have:

A.1         at least three architects who have at least five (5) years technical work experiences;

A.2         at least five engineers who have at least five (5) years technical work experiences in various technical skills;

A.3         one construction, civil construction, or architectural engineer who has at least seven

(7) years of technical work experience and serves as a technical director in the enterprise or company;

A.4         an appropriate number of BST technicians;

A.5         previous experience in conducting architectural project studies with a project value of at least 800,000,000 Riel.

A.6         a minimum capital of 200,000,000 Riel acknowledged by an authorized bank.

B.           Second Category: enterprises and companies that have:

B.1         at least two (2) architects who have at least four (4) years of technical work experiences;

B.2         at least four (4) engineers who have at least four (4) years of technical work experiences in various technical skills;

B.3         one construction, civil construction, or architectural engineer who has at least six (6) years experiences in charge of technical works and serves as a technical director in the enterprise or company;

B.4         an appropriate number of BST technicians;

B.5         previous experiences in conducting architectural project studies with a project value of at least 200,000,000 Riel. .

B.6         a minimum capital of 80,000,000 Riel acknowledged by an authorized bank.

C.           Third Category: architectural companies and enterprises that have:

C.1         at least two (2) architects who have at least three (3) years technical work  experiences;

C.2         at least three (3) engineers who have at least three (3) years of technical work experiences in various technical skills;

C.3         one construction, civil construction, or architectural engineer who has at least five (5) years of technical work experiences and serves as a technical director in the enterprise or company;

C.4         an appropriate number of technicians;

C.5         a minimum capital of 20,000,000 Riel acknowledged by an authorized bank.

D.           Fourth Category: a natural person who is:

D1          an  architect  who  has  at  least  seven  (7)  years  technical  work  experiences  and  is recognized by the government;

D2          an architect who has at least five (5) years of technical work experiences in various technical skills;

D3          an architect who has at least three (3) years of technical work experiences;

D4          a  construction  or  civil  construction  engineer  who  has  at  least  seven  (7) years of technical work experiences;

D5          a  construction  or  civil  construction  engineer  who  has  at  least  three  (3) years of technical work experiences;

D6          an engineer conducting business at the provincial level with no architect or building or civil construction technicians;

D7          a  BST  construction  or  civil  construction  technician  conducting  business     at  the provincial level with no architect or building or civil construction engineer;

The architectural company or enterprise may apply for an upgrade of its status when it satisfies the requirements set forth in Article 2 and has a certificate of regular tax payment to the state.

 

ARTICLE 3:

The construction companies and enterprises shall be divided into four categories:

A.           First Category: enterprise and companies that have:

A.1         two engineers and two architects who have at least ten (10) years technical work experiences in their fields with one engineer in charge of technical affairs and one architect as project manager;

A.2         at least six engineers in charge of various fields (i.e. electricity, mechanic, water, geology, and topography);

A.3         a minimum capital of 20,000,000 Riel acknowledged by an authorized bank.

A.4         previous experiences conducting architectural project studies with a project value of  at least 400,000,000 Riels.

B.           Second Category: enterprises and companies that have:

B.2         one engineer and one architect who have at least eight (8) years of technical work experiences in their fields, with the engineer in charge of technical affairs and the architecture as project manager in the enterprise and company;

B.2         at least four engineers in charge of various fields (i.e. electricity, mechanic, water, geology, and topography);

B.3         a minimum capital) of 120,000,000 Riel acknowledged by an authorized bank.

B.4         previous experiences in building construction projects with a value of at least 4,000,000,000 Riels.

C.           Third Category: enterprises and companies that have:

C.1         one engineer and one architect who have at least five (5) years technical work experiences with the engineer serving as a technical director in the enterprise or company;

C2          at least two (2) engineers who have various skills

C3          a minimum capital of 20,000,000 Riels acknowledged by an authorized bank.

D.           Fourth Category: groups of constructors who have:

D.1         a skilled master constructor with at least ten (10) years of technical work experience;

D.2         an appropriate number of constructors.

Construction companies and enterprises may apply for an upgrade of its status when it satisfies the requirements set forth in Article 3 and has a certificate of regular tax payment to the state.

 

ARTICLE 4:

The competent authority entitled to authorize, close, suspend, follow-up, and monitor the activities of architectural companies and enterprises shall include:

1-           The Ministry of Land Management, Urban Planning and Construction which shall be responsible for:

-              issuing business licenses for architectural/construction companies and enterprises;

-              declaring the closure and cessation of the architectural/construction companies and enterprises;

-              following-up and monitoring all activities of the architectural/construction companies and enterprises.

2-           The Department of Urbanization and Construction and provincial/city land office which shall be responsible for:

-              coordinating and submitting proposals to the Ministry for issuing authorization permits, cessation, and suspension of business of architectural/construction companies and enterprises;

-              following-up and monitoring the activities of architectural/construction companies  and enterprises in its territorial jurisdiction and report to the ministry for review and resolution.

 

ARTICLE 5:

Every architectural/construction company and enterprise intending to conduct architectural/ construction business shall apply for a business license with MLUC.

A natural person [D(6)-D(7)] and group of constructors shall apply for a business license at the Department of Urbanization and Construction and the provincial/municipal land office.

 

ARTICLE 6:

(1)          An enterprise and company that has been previously licensed by various institutions shall apply for a renewal license with MLUC.

(2)          A natural person [D(6)-D(7)] and group of constructors which have been previously licensed by various institutions shall apply for a renewal license MLUC and the provincial/municipal land office.

 

ARTICLE 7:

The application formalities for an architectural and construction business license shall be as follows:

1.            The enterprise owner and company director shall be of Khmer nationality;

2.            The enterprise owner and company director shall personally apply for a license;

3.            The technical director of the enterprise or company shall be of Khmer nationality;

4.            The files to be completed shall be as follows:

 

-              An Application form ,     4 copies

-              A Curriculum Vitae of the enterprise owner and company director with 4cm x  6cm photos of the enterprise owner and company director, 4 copies

-              An identity card of  the  director which has been notarized by the provincial/municipal authority,  2 copies

-              Judicial records (original) of the enterprise owner and company director,1 copy

-              Curriculum Vitae of the technical director with  4cm x 6cm photos, 4 copies

-              Articles of Incorporation of the enterprise or company   4 copies

-              Contract between the enterprise/company and the competent authority issuing the business license,              4 copies

-              Employment contract between the enterprise/company and the engineer who is  the technical director,           4 copies

-              Copy  of   the    technicians' certificate  which has  been   notarized   by   the provincial/municipal authority,    4 copies

-              List of technicians and organizational chart of the enterprise/company  4 copies

-              Document of works  2 copies

-              Inventory book: architectural equipment (enterprise and architectural company) 4 copies

-              Inventory book: construction materials/equipment (enterprise and architectural company)  2 copies

-              Bank documents   4 copies

-              Tax payment receipts (original)   1 copy

-              Certificate of registration  1 copy

 

ARTICLE 8:

Every foreign enterprise and company intending to conduct an architectural/ construction business or provide technical and construction consultation in the Kingdom of Cambodia shall be registered with MLUC.

Every foreign enterprise and company that is conducting architectural/construction business or provides technical and construction consultation in the Kingdom of Cambodia,  even though it has been previously authorized by any institution, shall be registered with MLUC. ARTICLE 9:

Enterprises and architectural/construction companies, natural persons, and groups of constructors shall pay various fees for registration and issuance of licenses consistent with the Prakas of the Ministry of Economy and Finance.

 

ARTICLE 10:

The license for an architectural/construction business shall be valid for three (3) years from the date of issuance.

An enterprise and architectural/construction company shall apply for a new license at MLUC within thirty (30) days prior to the expiration of the license.

In case of renewal of business license, the enterprise and company shall make an application at MLUC together with the previous license and a new tax payment receipt.

In the case of upgrade of status or category, the enterprise and company shall prepare a proposal to MLUC for review and decision.

An enterprise and company shall file its annual activity report with MLUC at the end of each year.

 

ARTICLE 11:

Any enterprise or architectural and construction company that conducts architectural and construction business without a license from MLUC shall be declared suspended or closed.

 

ARTICLE 12:

The director of cabinet, the director general of administration, the construction director, the director general of urbanization and construction, the director general of land and topography, the inspector general and the director of provincial/municipal urbanization, construction, and land office shall enforce this Prakas within the scope of his/her respective competence.

 

ARTICLE 13:

This Prakas shall enter into force from the date of its signature.