24 March 2021]
In January 2021, the Ministry of Land Management, Urban Planning and Construction (the “MLMUPC”) issued a Prakas (No. 033) determining the formalities and procedures for issuing, revoking and renewing licenses for construction inspection and certification, (the “Prakas”). The Prakas was issued to implement Sub-Decree No. 225 dated 30 December 2020 regarding the conditions and procedures for construction inspection and certification (the “Sub-Decree”). You may find our alert on Sub-Decree No. 225 here.
In order to qualify as a Grade 1 applicant for the General Construction Inspection and Certification License, and/or the Structural Construction Inspection and Certification License under the Prakas, such applicant will need to provide evidence of its:
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Technical director: who possesses certified structural engineering skills and work experience in construction projects involving tall buildings; and
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Technician: who possesses certified geological technician skills and work experience in any construction projects involving the construction of floors underground with a depth more than 10 meters; and
Both the Technical Director and Technician shall possess at least the following related work experiences based on their qualifications in either the structural or geological engineering field:
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one project if the relevant professional holds a Doctor of Philosophy (Ph.D.)
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three projects if the relevant professional holds a Master’s Degree and
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seven projects if the relevant professional holds a Bachelor’s Degree.
Besides these, a representative of the inspection/certification company and technical professional shall sign on the application which is to be submitted to the one window service of the MLMUPC to request for the inspection/certification license. The MLMUPC will then take 20 working days from the date of receiving the application to decide on whether the applicant should be issued with the license.
Professionals currently holding a certification/inspection license may request a new license from the MLMUPC in the event where the license holder: (i) loses or damages his/her license certificate (ii) changes the title of his/her profession or (iii) changes the registered office address. Companies holding the certification/inspection license may request for a new license where the above events take place and where the company changes its company director who is the professional named on the license.
Requirements for foreign professionals and/or companies
In addition to meeting the same requirements as Cambodian technical professionals, foreign technical professionals intending to request for the certificate/inspection license are required to have their work experience documents certified by the embassy or consular office of their home country before submitting the application. The technical professional must also possess a valid work permit and long-term business visa allowing them to legally reside in Cambodia. The officer of the foreign company intending to request for a certification/inspection license shall possess a power of attorney from the director of the company.
For more information, please contact:
Matthew Rendall, Senior Partner, SokSiphana&associates (a member of ZICO Law)
matthew.rendall@zicolaw.com
