• On 29th August 2007, Royal Government of Cambodia has issued a Sub Decree on the Mortgage-Transfer of the Rights over a Long-Term Lease or an Economic Land Concession. The Provision set in this Sub-Decree contains of Twelve Articles. The purpose of this Sub-decree is to determine principles and required terms and conditions relating to the ways to provide rights to investors throught mortgage used as security and transfer of right on a long-term lease or and economic land concession in a period prescribed/provided in the long-term lease contract/agreement or the economic land concession contract.

             The full text of this Sub-Decree can be viewed at the Law & Regulation.

• Royal Kram NS/RKM/1007/027 on promulgation of the Concession Law (October 19, 2007).

  The Law on Concession was adopted by the National Assembly on September 10, 2007 at its extraordinary session of the 3rd legislature and unanimously by the Senate on October 04, 2007 at its extraordinary session on the form and legal principles without amendment. The purpose of this law is to promote and facilitate the implementation of privately financed Infrastrucure Projects in the Kingdom of Cambodia for public interest and the fulfillment of social needs and national economy. This Law shall have a scope to govern Concessions as specified in Article 5 of this law.  A Concession shall be granted by a concession contract in accordance with the provisions of this law  and the relevant provisions.

  All public authorities/competent institutions entitled to undertake infrastructure projects within the eligible infrastructure sectors specified in article 5 of this law, including ministries, public institutions, State-owned legal entities, local governments which have been delegated the required authority in accordance with the laws of Cambodia have the power to enter into concession Contracts for Infrastrucure Projects falling within their respective spheres of  competence and have the power to enter into related ancillary agreements, including for the purpose of facilitating any related financing as provided in Articles 6 and 7 of this Law and the provisions set out in the sub-Decree 9 on Implementation of the law on Concessions).

  Concession Contracts in relation to infrastructure Facility through providing directly or indirectly services to the public interest may be entered into by the relevant authorities/institutions in the following sectors: (a) power generation, power transmission and power distribution; (b) infrastructure and transportation systems such as roads, bridges, airport, ports, railways and man-made canas; (c) supply of clean water and hygiene; (d) infrastructure for telecommunication and information technology; (e) infrastrucure and material basis for tourism projects such as oil and gas pipelines; (g) sewerage, drainage and dredging; (h) waste management and treatment for special economic zones and social housing; (k) infrastructure for irrigation system and agricultural work; and (l) other sectors for which a apecific/particular law allows for the granting of Concessions.

  A concession contract may take any of the following forms; (i0 build, Operate and Transfer (BOT); (ii) build, Lease and transfer (BLT); (iii) Build, Transfer and Operate (BTO); (iv) Build, Own and operate (BOO); (v) Build, Own, Operate and transfer (BOOT); (vi) Build, Corporate and Transfer (BCT); (vii) Expand, Operate and Transfer (EOT); (viii) Modernize, Operate and Transfer (MOT); (ix) Modernize, Own and Operate (MOO); and (x) Lease and Operate, Management Agreement or any variant of these forms or similar forms including the implementation of  infrastructure projects by public-private joint venture. no Concession contract can be concluded unless the eligible Infrastructure Project has been approved as a concession Project in accordance with the procedure set forth in the Sub-Decree.

  The Council for the Development of cambodia is the one stop service entity for obtaining authorizations required to implement a qualified investement project under a concession contract in accordance with the law on Investment. The contracting authority shall  select the concessionaire through international or national competitive bidding procedures, or negotiated procedure depending on the circumstances. the procedure of  selection of the concessionaire shall be provided for in the sub-Decree. The Concession Contract shall specify the Concession Period, which shall not exceed 30 years ftom the date of signing of the Concession Contract pursuant to Article 13 of this law. If deemed necessary because of the nature of the Infrastructure Project, the Royal Government of cambodia may approve a longer Concession period. Any physical person violating the provisions of this Law shall be punishable in accordance with the law in force. Complicity is punishable in the same way.

  This royal Kram is made up of 43 articles and 6 chapters prescribing General provisions, administrative Co-ordination and Services, selection and organization of Concessionaire, termination of the Concession Period/term, Penal provisions, and Final Provisions.

  The full text of this Sub-Decree can be viewed at the Law and Regulation