Denationalization Vs Nationalization of State Property

• Sommana Yan
• 12 April 2022
• Local News
• 8555 Views

In Cambodia, the government has divided its property into two types: state public property and state private property. These two types of property can be reclassified through denationalization or nationalization.

What are these two types of property? and how do denationalization and nationalization work?

State public property refers to the immovable property of the state being used for public benefit. Public property includes but is not limited to bridges, roads, parks, public schools, public hospitals, temples, lakes, rivers, seas, forest, and administration buildings, among others.

According to Articles 15 and 16 of the Land Law, this type of property cannot be traded.

Meanwhile, state private property refers to the state land that no longer has public usage. Simply put, this type refers to state land that has been transferred to the private sector. The transfer can be done in form of economic or social land concessions.

This type of land can be sold, rented out, or transferred, but under limited conditions. (Read more)

These two types of property can be reclassified through denationalization or nationalization.

According to Law on State Property Management and Use, denationalization of state property refers to the reclassification of state public property to state private property.

Denationalization can be done only if the state public property loses the qualifications to serve a public interest.

For example, the act that the government reclassifies and grants Boeung Ta Mok land to the private sector is called denationalization. This can be only because the lake itself has already had no public usage. (Read more)

The same applies when the government grants forested land to the private sector. The forested land denationalization can proceed only when the land has lost its forest for a long period of time already.

Meanwhile, the nationalization of state property is the opposite, referring to the reclassification of state private property to state public state. This is enforced when state private property is valuable for public interest or service.

The nationalized property will no longer be the object for sale, exchange, concession, right transfer, and lease.

Both processes of denationalization and nationalization of state property are determined by law but denationalization is made only for properties that are already listed in the state property inventory.

 

 

• Laws and Regulation