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Home » Investment Scheme » Investment Application Procedures

Welcome to CDC

Minister attached to the Prime Minister Secretary General, Council of the Development of Cambodia.

On behalf of the Council for the Development of Cambodia, I would like to welcome you to this website which represents our continuous endeavors to promote development and investments in the Kingdom.  We aim to accelerate economic growth and attract further investments to Cambodia, a promising open market with steady political stability and proven sustainable growth. Over the past two decades, Cambodia has been transformed from a land in crisis to a land of opportunities. Our economic renaissance has only just begun.Read More»

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Investment Application Procedures

1.   Application Process of QIP outside of SEZ

To be admitted as a Qualified Investment Project (QIP), an investor has to register the investment project with the CDC or PMIS and receive a Final Registration Certificate (FRC) under the Law on Investment (Article 2 and 6, “Amended Law on Investment”).

The QIP application process from submission of Investment Proposal until obtaining a Final Registration Certificate (FRC) is shown in the following table (Article 7, “Amended Law on Investment”).

 

QIP Application Process

Party to Take Action

Process

Condition/ Remarks

Applicant

Submission of an Investment Proposal to the CDC or PMIS

Use a completed Application Form*

Payment of Application Fee of 7,000,000 Riels

The CDC or PMIS

1)      Issuance of  “Conditional Registration Certificate” (CRC)

-     if the Investment Proposal contains all the information required, and

-     if the proposed activity is not in the Negative List or not related to national interest/ environmental sensitivity

To be Issued within 3 working days after submission of the Investment Proposal

The CRC specifies the approvals, authorizations, clearances, licenses, permits or registrations required for the QIP to operate, as well as the government entities responsible to issue such approvals, etc.

The CRC confirms the incentives to which the QIP is entitled and recognize the statutes of the legal entity.

Letter of Non-Compliance shall clearly state the reasons why the Investment Proposal was not acceptable and the additional information required for enabling the CDC or PMIS to issue a CRC.

2) Issuance of “Letter of Non-Compliance”

-     If the Investment Proposal does not satisfy the above condition

If a CRC or Letter of Non-Compliance is not issued within 3 working days, the CRC shall be considered automatically approved.

The CDC or PMIS

Obtains all of the licenses from relevant ministries-entities listed in the CRC on behalf of the Applicant.

 

All government entities responsible for issuing an authorization, clearance, license, permit or registration listed on the CRC shall issue those no later than the 28th working day from the date of the CRC.

Any government official who, without proper reason, fails to respond to an Applicant’s request by this deadline shall be punished by law.

The CDC or PMIS

Issuance of a “Final Registration Certificate” (FRC)

To be issued within 28 working days of the issuance of the CRC.

The date of issuance of the FRC shall be the date of QIP commencement.

Note: A sample of “Application Form”* is shown in ANNEX 2 of “Sub-Decree No.111 on the Implementation of the Amendment to the Law on Investment” attached in APPENDIX III herein.

 

QIP Application in Practice

Although Article 7 of “Amended Law on Investment” stipulates the QIP application process as explained above, there are some discrepancies between the provisions of the “Amended Law on Investment” (the Law) and those of “Sub-Decree No.111 on the Implementation of the Amendment to the Law on Investment” (the Sub-Decree). In practice, the provisions of such Sub-Decree are being applied to the QIP application process by the CDC. The major discrepancies are as follows.

1)       Although the Law stipulates a CRC shall be issued within 3 working days after submission of Investment Proposal, the Sub-Decree stipulates under Article 6.1 (d) that “the CDC or the PMIS has the right to postpone the registration of specific Investment Projects related to the national interest or are environmentally sensitive which required to be processed through the one-stop mechanism of the Council and the Provincial/Municipal Investment Sub-committee who shall notify the specific grounds to the applicant within 3 (three) Working Days of the submission of the Investment Proposal. In fact, a CRC is seldom issued within 3 working days and most of the investment projects, except those in garment and footwear which are considered as routine projects or those to be located in the SEZ, will be processed in One-Stop Meeting of the CDC. Therefore, it takes longer time to obtain a CRC. The investment projects to be located in the SEZ will not be processed in One-Stop Meeting of the CDC.

2)       The Law stipulates that the CDC shall obtain all of necessary licenses from relevant ministries-entities listed in the CRC on behalf of the Applicant within 28 working days after issuance of a CRC. The Sub-Decree provides under Article 7.1, nevertheless, that “after issuing the CRC, the CDC or the PMIS, on behalf of the Applicant, assist with the issuance of the approvals, authorizations, licenses, permits or registrations listed in a CRC by the relevant ministries, departments, authorities, entities of the provinces/municipalities or agencies of the Royal Government. In practice, the QIP applicant is expected to obtain such authorizations, license or registrations.
 

 

2.   Registration Process of QIP of Investment Project in the SEZ

The Zone Investor who starts its activity of production or services in the fields permitted by related Laws and Sub-Decrees in any SEZ shall complete the formalities based on the procedure by preparing all the required documents and submit to the office of the SEZ Administration in the SEZ for registering investment proposals during working hours and before the office of the SEZ Administration. The SEZ Administration has a duty to decide on the registration of the investment proposal based on the legal, administrative and technical aspects and on the issuance of the FRC. Such process has to be in compliance with the procedures of investment registration set forth in the Law and Sub-Decree on the Implementation of the Law on Amendment to the Law on Investment.

Any incentive provided to the Zone Investor shall be decided by the SEZ Administration through the “One-Stop Service” mechanism located on the site and in accordance to the relevant laws and regulations.

On all other requests in the investment process of Zone Investors, the SEZ Administration shall play the role of facilitator to address issues of the Zone Investor with the relevant ministries/institutions of the Royal Government of Cambodia (Article 3.3, The SEZ Sub-Decree).

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