房地產登記產權制度

2001年柬埔寨土地法正式通過，但大部份柬埔寨土地仍未登錄。目前柬埔寨土地登記產權型式有：「硬卡」、「軟卡」兩種。

1.「硬卡」：為永久產權，所有權人擁有政府國土部核發的房產證，類似台灣的權狀，具有政府保障權利，金融機關可貸款。(如右圖)

2.「軟卡」：非永久產權，佔有人未取得政府國土部核發的房產證，類似台灣的地上權、BOT，土地無所有權，只有使用權，較無保障，金融機關不貸款。文件紙張較硬卡劣質軟質而得名。過去土地國有、社會動亂、戰爭等因素，佔有國有土地，未經法律認可，視為取得產權的階段性證明。但未取得政府合法認可、核發硬卡，造成土地糾紛、產權爭議。可能是買賣證明檔、私人轉讓合約、開發商發出憑證、甚至地方政府的認證等。如開發商承租政府土地開發銷售，租約最長99年，買方拿到的是開發商的憑證，不是政府國土部核發的房產證。可能風險：產權糾紛、一屋多賣、開發商倒閉，買方較無保障。軟卡在柬埔寨社會風俗及實務上仍扮演重要的角色。但在法律上，軟卡的概念是未被文字定義，產權的擁有人在法律上只是其佔有人，須依據土地法規定程式辦理登記，才能確定為合法所有權人。

軟卡記載內容：
1.前手持有人姓名(佔有人)
2.不動產所在之村/鄉、公社、區及省(一般沒有特定地點或路名資訊)
3.東西南北四個主要方位接鄰之所有權人或佔有人
4.標的大約的尺寸 (平米、公畝或公頃)
當物業以軟卡形卡持有，只要此物業未經法定土地登記單位明確定界，就可能有別人(包括國家當局)對此物業宣稱所有。另一項常見問題便是與鄰地地界重疊問題。2000年前因為技術落後，測量定界並無可靠方法，因此地界重疊問題大量發生。1995年後柬埔寨引進試驗性物業登錄專案，國家級可靠的登錄系統在2001年土地法通過後才開始正式導入。實際上許多柬埔寨的土地及物業仍然未完成登錄，而以軟卡檔的方式持有。有些被私人佔有並持有軟卡文件物業，甚至座落國有地。有些為幫助農民及小企業的微型經濟機構，為務實及效率考量，接受軟卡而不要求硬卡證書做為核放貸款憑據。但絕大多數金融機構如商業銀行，意識到軟卡高風險，放款上大多只接受完整登錄，擁有地政單位核發硬卡證書。物業與接鄰土地間以有效及恆久的郵戳或柵欄做為明確定界，是在地政單位尚未合登錄前，減少地界重疊風險的重要步驟。在土地勘察、鑑界、測量及準備地籍索引圖後，正式核發硬卡證書前，有一個月公告期。公告期間，接鄰土地所有權人必須檢查調查報告，若有疑議需以書面向地政機關陳情。公告期後，若無爭議，此份法律檔將做為地政機關核發正式產權依據。在完成法律授權及認證程式後，任何協力廠商不得針對此物業進行所有權主張。
硬卡產權在實體上及法律上都較有保障。硬卡有兩種：

1.不動產持有證書(或稱土地使用證書) Certificate of Immovable Property Possession

2.不動產所有權證書Certificate of Immovable Property Ownership

兩者都是依土地法在地政機關登錄憑證，並以官方良好硬質紙張印製。所有權證書通常由各地地政機關依物業擁有者申請核發，因為需經土地管理城市規劃及建設局( MLMUPC)透過跨省之國家系統登錄程式，因此課徵較高的地政稅費。硬卡形式的所有權是最安全、明確及保障的。所有權在土地法保障下通常不會有爭議。試驗性登錄系統在1995年到2001年正式導入後，2002年到2009年間有大約1,500,000筆土地登錄，同時全國核發大約一百萬張所有權證書。

一.不動產持有證書或稱土地使用證書(Certificate of Immovable Property Possession)，一般簡稱「所有權」，記載內容如下：(如上圖)

1.物業編號及登錄編號
2.核發單位及日期
3.物業之位置：道路名稱、鄉鎮、社區、分區及省份
4.東西南北四方位接鄰之所有權人姓名
5.土地使用種類
6.物業尺寸(平米、公畝或公頃)
7.所有權人資訊：包含雙親姓名
8.取得物業之依據：包括收據、土地分割檔、買賣合約、贈與合約、繼承書或法院判決書…等。
9.抵押權：若有租約、貸款抵押設定或其他信託資訊將予記載。
10.備註：若所有權為公司，則須記載公司資訊。

二.不動產所有權證書(Certificate of Immovable Property Ownership)記載內容如下：(如上圖)

1.物業編號
2.證書序號
3.核發單位及日期
4.物業之位置：道路名稱、鄉鎮、社區、分區及省份
5.加註GPS資訊之地籍索引圖，並顯示接鄰土地位置
6.土地使用種類
7.物業尺寸(平米)
8.所有權人資訊：包含雙親姓名
9.取得物業之依據：包括收據、土地分割檔、買賣合約、贈與合約、繼承書或法院判決書…等。
10.抵押權：若有租約、貸款抵押設定或其他信託資訊將予記載。
11.備註：若所有權為公司，則須記載公司資訊。

※特別說明：依據柬埔寨政府法規，房屋產權登記，房產證只登記室內面積，銷售面積含公設部份，不計入房權證登記。類似日本，只登記室內面積，不含公設。

Real estate registration system

The Cambodian Land Law was officially passed in 2001, but most of the land in Cambodia has not yet been registered. At present, there are two types of land registration property rights in Cambodia: "hard card" and "soft card".

1. "Hard card": It is a permanent property right. The owner has a real estate certificate issued by the Ministry of Land and Resources of the government, similar to Taiwan's certificate of title, with government guaranteed rights, and financial institutions can lend. (as shown on the right)

2. "Soft card": non-permanent property rights, the occupant has not obtained the real estate certificate issued by the Ministry of Land and Resources of the government, similar to Taiwan's superficial rights and BOT, the land has no ownership, only the right to use, relatively insecure, and financial institutions do not lend. The document paper is so named because it is inferior to hard card and soft. Occupying state-owned land without legal recognition due to factors such as state-owned land, social unrest, and war in the past is regarded as a staged proof of property rights. However, it has not obtained legal approval from the government and issued a hard card, resulting in land disputes and property rights disputes. It may be a sales certificate, a private transfer contract, a certificate issued by a developer, or even a certification from a local government. If a developer leases government land for development and sales, the lease is up to 99 years, and what the buyer gets is the developer's certificate, not the real estate certificate issued by the government's Ministry of Land and Resources. Possible risks: property rights disputes, overselling of one house, closure of developers, and less security for buyers. Soft cards still play an important role in Cambodian social customs and practices. But in law, the concept of soft card is not defined in words, and the owner of the property right is only the possessor in law, and must be registered in accordance with the procedures stipulated in the land law to be determined as the legal owner.

Soft card record content:
1. The name of the owner in the front hand (occupant)
2. The village/township, commune, district and province where the real estate is located (generally there is no specific location or road name information)
3. Owners or occupants adjacent to each other in four main directions: east, west, north, south
4. The approximate size of the target (square meters, acres or hectares)
When a property is held on a soft card, it may be claimed by others (including state authorities) as long as the property is not clearly delimited by a statutory land registry unit. Another common problem is overlapping with neighboring land boundaries. Before 2000, due to backward technology, there was no reliable method for measuring and demarcating boundaries, so a large number of land boundary overlapping problems occurred. After 1995, Cambodia introduced a pilot property registration project, and the national and reliable registration system was officially introduced after the Land Law was passed in 2001. In fact, many Cambodian land and properties are still not registered, but are held in the form of soft card files. Some are privately owned and hold soft card file properties, and are even located on state-owned land. In order to help farmers and small businesses, some microeconomic institutions accept soft cards instead of hard card certificates as proof of loan approval for the sake of pragmatism and efficiency. However, the vast majority of financial institutions, such as commercial banks, are aware of the high risks of soft cards, and most of them only accept full registration for lending, and have hard card certificates issued by land administration units. Effective and permanent postmarks or fences are clearly demarcated between the property and the adjacent land, which is an important step to reduce the risk of overlapping land boundaries before the land administrative units are registered together. There is a one-month announcement period before the hard card certificate is officially issued after the land survey, boundary appraisal, survey and preparation of the cadastral index map. During the announcement period, the owner of the adjacent land must check the investigation report, and if there is any doubt, he must submit a written statement to the land administration authority. After the announcement period, if there is no dispute, this legal document will be used as the basis for the land authority to issue official property rights. After completing the legal authorization and certification procedures, any third party shall not claim ownership of this property.

Hard card property rights are more secure both physically and legally. There are two types of hard cards:

A. Certificate of Immovable Property Possession (or Land Use Certificate)

B. Certificate of Immovable Property Ownership

Both are certificates of registration with the Land Administration in accordance with the Land Law and are printed on official good hard paper. Ownership certificates are usually issued by local land administration agencies based on the application of property owners, because they need to be registered with the Land Management Urban Planning and Construction Bureau (MLMUPC) through the inter-provincial national system registration program, so higher land tax fees are levied. Ownership in the form of a hard card is the safest, clearest and most secure. Ownership is usually not contested under land laws. After the pilot registration system was officially introduced from 1995 to 2001, there were about 1,500,000 land registrations between 2002 and 2009, and about one million title certificates were issued nationwide.

A. Certificate of Immovable Property Possession or Land Use Certificate (Certificate of Immovable Property Possession), generally referred to as "ownership", the content of the record is as follows: (as shown above)

1. Property number and registration number
2. Issuing unit and date
3. The location of the property: road name, township, community, subdivision and province
4. The name of the owner who is adjacent to the east, west, north, south, and four directions
5. Types of land use
6. Property size (square meters, acres or hectares)
7. Owner information: including the names of parents
8. The basis for obtaining the property: including receipts, land division documents, sales contracts, gift contracts, inheritance letters or court judgments, etc.
9. Mortgage rights: If there is a lease, loan mortgage setting or other trust information, it will be recorded.
10. Remarks: If the ownership is a company, the company information must be recorded.

B. The contents of the Certificate of Immovable Property Ownership are as follows: (as shown above)

1. Property number
2. Certificate serial number
3. Issuing unit and date
4. The location of the property: road name, township, community, subdivision and province
5. The cadastral index map with GPS information added, and the location of the adjacent land is displayed
6. Types of land use
7. Property size (square meter)
8. Owner information: including the names of parents
9. The basis for obtaining the property: including receipts, land division documents, sales contracts, gift contracts, inheritance letters or court judgments...etc.
10. Mortgage rights: If there is a lease, loan mortgage setting or other trust information, it will be recorded.
11. Remarks: If the ownership is a company, company information must be recorded.

※Special note: According to the regulations of the Cambodian government, the registration of house property rights, the real estate certificate only registers the indoor area, and the sales area includes the public part, which is not included in the registration of the real estate certificate. Similar to Japan, only the indoor area is registered, and public settings are not included.

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