Sihanoukville

[Thaiher2me]

Hi Members and Guests, found this to be of some interest, the local Sihanoukville Advertiser. have a geeza , 40 pages, see top left of screen for page selection.

Edited October 14, 2007 by Totster
Removed link

[Thaiher2me]

Hi Members and Guests, found this to be of some interest, the local Sihanoukville Advertiser. have a geeza , 40 pages, see top left of screen for page selection.

Hi again, just spoke with an Aussie in Sihanoukville and found out that the ownership laws have been changed about 2 months ago. Now foreigners can own 100% of the company and land. But if you want to invest, go to Sihanoukville and seek out a property lawyer who are all expats. There is a fair bit of red tape too wade thru.

The Sihanoukville International Airport should be accepting wide bodied jets within 2 weeks. Apparently things are moving ahead very quickly there. A lot of investment, a lot of things happening, and a lot of Thai/farang expats there as well!

[ozzydom]

Hi again, just spoke with an Aussie in Sihanoukville and found out that the ownership laws have been changed about 2 months ago. Now foreigners can own 100% of the company and land. quote

Was he trying to sell you something.

[Thaiher2me]

Hi again, just spoke with an Aussie in Sihanoukville and found out that the ownership laws have been changed about 2 months ago. Now foreigners can own 100% of the company and land. quote

Was he trying to sell you something.

No he was'nt, he owns the Seabreeze, the guy has been there 14 years.

We were having a general discussion on what is happening there. Have a nice day!

Edited October 14, 2007 by Totster
Removed link

[stevenjm]

What a load of bullshit.

[stevenjm]

been there 14 years and still knows nothing but how to regurgitate false Sihanoukville rumour. Anybody trying to purchase land in Sihanoukville has rocks in their head and you certainly will not own your new dodgy, no land title land in anything but a Khmer name.

[cdnvic]

been there 14 years and still knows nothing but how to regurgitate false Sihanoukville rumour. Anybody trying to purchase land in Sihanoukville has rocks in their head and you certainly will not own your new dodgy, no land title land in anything but a Khmer name.

You should open a thread on land laws in Cambodia so people can get a look at how the laws really work.

[cdnvic]

From gocambodia.com:

All investments in Cambodia involve the ownership, lease or concession of immovable property. According to the Investment Law on the Use of Land, the foreign investors can't own the land in Cambodia. Cambodian Government restricts the land ownership only to Cambodian citizens. A legal entity is considered to be a Cambodian legal entity when 51% of the shares are owned by Cambodian citizens. The foreigners, however, currently may lease the land for up to 70 years and renewable upon request. Cambodia's system for land registration, land title and the rules concerning the ownership and the transfer of land are in the state of transition. Although the certificates of land ownership are available now, few landlords have obtained the land certificate. They mostly use the receipts for ownership issued by the land department in Cambodia. Another form is called the Temporary Occupation Permit (TOP), which is applicable to undeveloped land. The land has three categories which are defined as below:

Land for domicile shall be provided for ownership by the provincial committee or municipality;

Cultivation Land I Agricultural Land is for production and exploitation. It is state land allocated for the farmers to manage and use for production and exploitation; and

Concession Land is greater than 5 ha. Concessions provide the rights to occupy lad for large-scale crop production which will contribute to the national economy.

Of these three land categories, private ownership rights could be obtained only on land for domicile; whereas on cultivation land and concession land respectively, only possession and use rights and the right to exclusively occupy could be obtained.

Full article at;

http://www.gocambodia.com/laws/land_construction.asp

Edited October 12, 2007 by cdnvic

[Thaiher2me]

From gocambodia.com:

All investments in Cambodia involve the ownership, lease or concession of immovable property. According to the Investment Law on the Use of Land, the foreign investors can't own the land in Cambodia. Cambodian Government restricts the land ownership only to Cambodian citizens. A legal entity is considered to be a Cambodian legal entity when 51% of the shares are owned by Cambodian citizens. The foreigners, however, currently may lease the land for up to 70 years and renewable upon request. Cambodia's system for land registration, land title and the rules concerning the ownership and the transfer of land are in the state of transition. Although the certificates of land ownership are available now, few landlords have obtained the land certificate. They mostly use the receipts for ownership issued by the land department in Cambodia. Another form is called the Temporary Occupation Permit (TOP), which is applicable to undeveloped land. The land has three categories which are defined as below:

Land for domicile shall be provided for ownership by the provincial committee or municipality;

Cultivation Land I Agricultural Land is for production and exploitation. It is state land allocated for the farmers to manage and use for production and exploitation; and

Concession Land is greater than 5 ha. Concessions provide the rights to occupy lad for large-scale crop production which will contribute to the national economy.

Of these three land categories, private ownership rights could be obtained only on land for domicile; whereas on cultivation land and concession land respectively, only possession and use rights and the right to exclusively occupy could be obtained.

Full article at;

http://www.gocambodia.com/laws/land_construction.asp

cdnvic, I am making a few inquiries and will get back to the forum when my investigation is complete.

[cdnvic]

Cheers

[stevenjm]

The article that has sparked this rumour:

Thursday, 06 September 2007 Cambodia's private sector has urged the government to allow foreign ownership this week saying an open-minded real estate market would promote economic growth.

The Cambodian investment law was amended back in 2005 to allow foreign ownership of permanent fixtures, but as yet has not been enforced. The non-implementation of the act has in fact rendered the amendments as a forgotten law, and as such has now become out dated. In the current legal understanding, the old law will only allow a property investment in the name of a Cambodian national but with the pressure from the private sector to increase wealth, urgent action will be required.

Chris Green, Head of Research at Obelisk International says ‘The key improvements to the property investment law would open up a whole new economic world to the country of Cambodia. These measures would not only further develop Cambodia's property investment market, but the new interest from those investors who want to take advantage early, will not only create a boom putting Cambodia on the map, but will also make the country more competitive with its neighbours.’

American lawyer and chairman of the International Business Club, Bretton Sciaron comments on the property investment news ‘There are several reasons for urgent action, this is already a sector of the economy that is dynamic, but foreign ownership of apartments, condominiums and other such structures on the land will help spur further economic growth. Such a regulatory development will provide a dramatic indication that Cambodia has an investor-friendly environment.’

Vast new building projects have increased over the past few years, including a great number of satellite cities worth billions of dollars that when completed will fundamentally alter the appearance of the capital. After years of disorder within Cambodia, the country is now turning things around as a growing economy posting a steady 11% growth over the last three years, fuelled by a strong tourism industry and clothing manufactures.

Cambodian Commerce Minister, Cham Prasidh said that Cambodia still relies on international aid for half of its annual budget, but must now diversify by seeking more varied foreign investments. ‘There are other sectors we are trying to encourage, but we have to find out what are the sectors where we can be competitive. If we try to produce the same thing as Thailand or Malaysia, it will be very difficult’.

Don't expect changes anytime soon because the government is quite happy with the way it is.

[A_Traveller]

Land is specified in the Constitution, the highest law in the land.

Article 44: All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land. ...

Regards

[ClaytonSeymour]

How hard/easy would it be for a farang to acquire Cambodian nationality?

[Thaiher2me]

Cheers

Sorry to take so long but its a weekend. In Cambodia there has been a draft proposal put to the government to change the land ownership laws to allow foreign ownership of land, as you know from this forum, this is correct. The 51% Khmer 49% foreign to run a company is correct in some cases of company ownership, but if you want to run a small business like a bar , guesthouse etc, the company can be in your name (foreigner), but the land is leased.

For any person interested in running a business in Sihanoukville, or Cambodia in general you can email Pech Arunn who speaks English and French. He says anything can be arranged!

Edited October 14, 2007 by Totster

[cdnvic]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

[Thaiher2me]

How hard/easy would it be for a farang to acquire Cambodian nationality?

From my sources in Kompong Som, don't bother applying just yet, don't bother applying for a visa before you get to Cambodia. On arrival tell them you wish to apply for a one month business visa as you are seriously considering some investment opportunities, or if you want to, buy a shelf company, and then bring with you some sample products to sell. There is no hassle. Once you have renewed your business visa (6 or 12 months- up to you-multi-entry, which you can do indefinately) and your face is known to officials having been polite, kind and generous (greasing palms shows you have good heart) highly regarded in SEAsia, you are basically on your way. I wouldn't worry too much about getting Cambodian nationality. But as the country becomes more affluent and pressure is applied by outside (Western countries) to implement uniform immigration and passport laws; and one day it will come, I would just enjoy the scenery. I think most people should at least get in now and let themselves be known, even if it means a little extra expense travelling between Thailand and Cambodia.

Have a nice day!

[stevenjm]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

For Cambodia anything up to 70 years max and renewable on same terms. For Los I beleive its 90 years max not 30 (at least it was a while back).

And Thaiher2me, I beleive you mean "business" can be in your name exclusively not "company".

Also the proposal is for permanent fixtures not land.

BTW - I would not be too hasty to use that lawyer if thats where this false information is coming from.

Edited October 14, 2007 by stevenjm

[Thaiher2me]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

I am no legal expert on Cambodian real estate law, and would not try to answer your question. Best to email Pech Arunn in Kompong Som, as he can give you very accurate information. As a side note, I think Cambodia is a better option from Laos for people in thier later years, less headache over paper-work etc. Unfortunately my Thai wife does not trust Cambodia people, she is a hard coconut to crack! Worries about me all the time.

Have a nice day!

Edited October 14, 2007 by Totster
Removed email - see forum rules

[Thaiher2me]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

For Cambodia anything up to 70 years max and renewable on same terms. For Los I beleive its 90 years max not 30 (at least it was a while back).

And Thaiher2me, I beleive you mean "business" can be in your name exclusively not "company".

Also the proposal is for permanent fixtures not land.

BTW - I would not be too hasty to use that lawyer if thats where this false information is coming from.

Yes you are correct, "Businesss"

[Thaiher2me]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

For Cambodia anything up to 70 years max and renewable on same terms. For Los I beleive its 90 years max not 30 (at least it was a while back).

And Thaiher2me, I beleive you mean "business" can be in your name exclusively not "company".

Also the proposal is for permanent fixtures not land.

BTW - I would not be too hasty to use that lawyer if thats where this false information is coming from.

The info did not come from Pech Arunn, it came from the owner of the Seabreeze guesthouse.

Edited October 14, 2007 by Thaiher2me

[stevenjm]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

I am no legal expert on Cambodian real estate law, and would not try to answer your question. Best to email Pech Arunn in Kompong Som, as he can give you very accurate information. As a side note, I think Cambodia is a better option from Laos for people in thier later years, less headache over paper-work etc. Unfortunately my Thai wife does not trust Cambodia people, she is a hard coconut to crack! Worries about me all the time.

Have a nice day!

You seem very intent on painting a false, rosy picture of the investment situation in Cambodia for foreigners and giving the lawyer a plug and are also new poster - you would not be trying to sucker people would you?

Your also obviously not familiar with forum rules.

Edited October 14, 2007 by Totster

[Thaiher2me]

Sounds very similar to Thailand with the exception that the leases are 70yrs, not 30, is that correct?

I am no legal expert on Cambodian real estate law, and would not try to answer your question. Best to email Pech Arunn in Kompong Som, as he can give you very accurate information. As a side note, I think Cambodia is a better option from Laos for people in thier later years, less headache over paper-work etc. Unfortunately my Thai wife does not trust Cambodia people, she is a hard coconut to crack! Worries about me all the time.

Have a nice day!

You seem very intent on painting a false, rosy picture of the investment situation in Cambodia for foreigners and giving the lawyer a plug and are also new poster - you would not be trying to sucker people would you?

I try not to have a cynical view of the world, even when I was in the Australian Army and politicians were telling me it was OK to kill people I didn't even know. You are only foolish if you let yourself be fooled. Education and intelligence is without compromise. As they say in California, Have a nice day!

[stevenjm]

I am in no way be cynical - You are basically saying "come invest in Cambodia its great and now or soon foreigners will be able to own land"

I know this to be false information and am just trying to save the less intelligent from making a big mistake based upon misinformation.

You are only foolish if you let yourself be fooled. Education and intelligence is without compromise.

Sorry, I can't find the "pissing myself with laughter" emoticon.

[Pattayatony]

Hi Members and Guests, found this to be of some interest, the local Sihanoukville Advertiser. have a geeza , 40 pages, see top left of screen for page selection.

Hi again, just spoke with an Aussie in Sihanoukville and found out that the ownership laws have been changed about 2 months ago. Now foreigners can own 100% of the company and land. But if you want to invest, go to Sihanoukville and seek out a property lawyer who are all expats. There is a fair bit of red tape too wade thru.

The Sihanoukville International Airport should be accepting wide bodied jets within 2 weeks. Apparently things are moving ahead very quickly there. A lot of investment, a lot of things happening, and a lot of Thai/farang expats there as well!

If you believe this load of B/S you must also believe in the tooth fairy????

[cdnvic]

There were plans to extend the runway there by the end of the year:

http://www.iht.com/articles/ap/2007/01/15/...dia-Airport.php

But that doesn't mean it will be ready, approved, and have incoming flight in two weeks. Heck, even the capitol doesn't get many.

Edited October 14, 2007 by cdnvic

[ozzydom]

How hard/easy would it be for a farang to acquire Cambodian nationality?

Buying land by acquiring Cambodian citizenship.

Taking out Cambodian citizenship is one way of getting the right to buy land, which the government is encouraging. Citizenship applications will be considered if a significant investment is being make in Cambodia. It is important to ensure that the Ministry of the Interior, the Council of Ministers, and the President, all agree to the grant of Citizenship.

I think "significant investment " is the key issue.

[A_Traveller]

Given the to and fro, herein let me add {and restate} a few things.

1. Leases. In Thailand leases are permitted up to 90 years, however they are, except in specific circumstances, comprised of 3 * 30 year tranches. In Cambodia 70 year leases are generally permitted as single entities.
   
2. Land Ownership {foreign}. [AKA It's the Constitution stupid] Any law may be passed by the Government but until Article 44 is amended any such law would be subject to constitutional challenge, and in all probability would fall to such an action.
   
3. Immovable Property. Presently there are moves to establish a legal framework to a}expedite and formalise land claims and b} provide legal safeguards property ownership, excluding land from a foreigner perspective.
   
4. Company & Business law. As stated elsewhere there are few restrictions on foreigners owning business in Cambodia. As might be expected the designations come from a French perspective, :-
   

• Joint Stock Company {S.A} Not less than 7 shareholders.
  
  
• Limited Liability Company {S.A.R.L.} From 2 shareholders up to 30.
  
  
• Sole Proprietorship Limited Company
  
  
• Commercial Partnerships {Société En Nom Collectif [sNC]} Each of the partners is held personally jointly and severally liable for the debts of the partnership.
  
  
• Representative Offices To facilitate the sourcing of local goods and services and to collect information for its parent company.
  
  

Citizenship is an option based on investment criteria, which are evaluated on a case by case basis at this time.

Regards

[ozzydom]

How hard/easy would it be for a farang to acquire Cambodian nationality?

From my sources in Kompong Som, don't bother applying just yet, don't bother applying for a visa before you get to Cambodia. On arrival tell them you wish to apply for a one month business visa as you are seriously considering some investment opportunities, or if you want to, buy a shelf company, and then bring with you some sample products to sell. There is no hassle. Once you have renewed your business visa (6 or 12 months- up to you-multi-entry, which you can do indefinately) and your face is known to officials having been polite, kind and generous (greasing palms shows you have good heart) highly regarded in SEAsia, you are basically on your way. I wouldn't worry too much about getting Cambodian nationality. But as the country becomes more affluent and pressure is applied by outside (Western countries) to implement uniform immigration and passport laws; and one day it will come, I would just enjoy the scenery. I think most people should at least get in now and let themselves be known, even if it means a little extra expense travelling between Thailand and Cambodia.

Have a nice day!

Buying shelf Companies,sucking up to officials,greasing palms,letting yourself be known!!!!!

What a load of crock.

Once you get your one month business visa at the border there is no reason to ever have personal contact with officialdom again,supermarkets,guest-houses,travel agents all handle extensions of visa for you at a minimal charge.

It is quite legal to purchase and run a legitimate business(leasehold) through proper channels without stooping to the forementioned acts. (unless your planning on running a chicken farm,EG, Blue Mountain ) or some other illegal activity.

[Thaiher2me]

There were plans to extend the runway there by the end of the year:

http://www.iht.com/articles/ap/2007/01/15/...dia-Airport.php

But that doesn't mean it will be ready, approved, and have incoming flight in two weeks. Heck, even the capitol doesn't get many.

I spoke with someone just recently and he said that the airport will still have to upgrade its safety equipment, as at the moment it cannot get approval because of this.

[Thaiher2me]

Given the to and fro, herein let me add {and restate} a few things.

1. Leases. In Thailand leases are permitted up to 90 years, however they are, except in specific circumstances, comprised of 3 * 30 year tranches. In Cambodia 70 year leases are generally permitted as single entities.
   
2. Land Ownership {foreign}. [AKA It's the Constitution stupid] Any law may be passed by the Government but until Article 44 is amended any such law would be subject to constitutional challenge, and in all probability would fall to such an action.
   
3. Immovable Property. Presently there are moves to establish a legal framework to a}expedite and formalise land claims and b} provide legal safeguards property ownership, excluding land from a foreigner perspective.
   
4. Company & Business law. As stated elsewhere there are few restrictions on foreigners owning business in Cambodia. As might be expected the designations come from a French perspective, :-
   

• Joint Stock Company {S.A} Not less than 7 shareholders.
  
  
• Limited Liability Company {S.A.R.L.} From 2 shareholders up to 30.
  
  
• Sole Proprietorship Limited Company
  
  
• Commercial Partnerships {Société En Nom Collectif [sNC]} Each of the partners is held personally jointly and severally liable for the debts of the partnership.
  
  
• Representative Offices To facilitate the sourcing of local goods and services and to collect information for its parent company.
  
  

Citizenship is an option based on investment criteria, which are evaluated on a case by case basis at this time.

Regards

great post, luv it, very professional