The Acquisition of Khmer nationality through the Investment

The Acquisition of Khmer nationality through the Investment

Nationality is juridical and political relationship which attaches a person to a sovereign State or a legal relationship between individuals and the State. According to the law on Nationality, dated 09 October 1996 to acquire Khmer nationality, there are three methods:

·         Obtain Khmer Nationality by birth

·         Obtain Khmer Nationality by marriage

·         Obtain Khmer Nationality by Naturalization

In this section, we will show you the way to obtain Khmer Nationality through the investment which is a part of acquiring of the Khmer Nationality by Naturalization. To interpret this method, we will study about the General Notion of Naturalization (a). After that, we are showing the procedure of acquiring of the Khmer Nationality through the Investment (b).

A.    General Notion of the Naturalization

Naturalization is not a rights of the applicant to apply for citizenship, but this is the consideration or favor of the Kingdom of Cambodia for all any persons who wish to apply for Khmer Nationality. However, in any circumstances, the application for applying for Khmer Nationality may be rejected by the discretion of the authorities.

Conditions of acquiring Khmer nationality through naturalization may be conducted through two ways:

v  General Conditions: Any foreigners may apply for Khmer Nationality through Naturalization unless they shall complete all conditions as below:

1.      shall have a paper certifying that he/she has good behavior and moral conduct issued by the chief of the commune (Khum) or quarter (Sangkat) of his/her own residence.

2.      shall have a letter of certification of the past criminal record which stated that he/she had never been convicted of any criminal offense before.

3.      shall have a paper certifying that such person has his/her residence in the Kingdom of Cambodia and who has been living continuously for seven (7) years from the date of reception of a residence card which was issued under the framework of the Law on Immigration.

4.      shall have a residence in the Kingdom of Cambodia at the time when he/she is applying for naturalization.

5.      shall be able to speak Khmer, know Khmer scripts and has some knowledge of Khmer history, and prove clear evidence that he/she can live in harmony in Khmer society as well as can get used to good Khmer custom and tradition.

6.      shall have his/her mentality and physical attitude, which will cause neither danger nor burden to the nation.

v  Special Conditions: In cases, any foreigners who have these special conditions below, may not be adhered to the general conditions above. These special conditions are:

·         For any foreigner who is born in the Kingdom of Cambodia, the 7 years’ period of continuously living as stated in the sub-para. 3 of the article 8 of this law, shall instead be decreased to 3 years.

·         Any foreigner who had received a letter of authorization for investment from the Cambodian Development Council (CDC) and who had implemented concretely the actual project cost by spending an initial capital of from 1,250,000,000 riels and up, the period of living as stated in the sub-para. 3 of the article 8 of this law, shall be exempted.

·         Any foreigner who has no letter of authorization for investment from the Cambodian Development Council (CDC), but who had received authorization for investment legitimately from the Royal Government and who had spent initial capital of from 1,250,000,000 riels and up, the period of living as stated in the sub-para 3 of the article 8 of this law, shall be exempted.

·         Any foreigner who has made a donation in cash, to the national budget of from 1,000,000,000 riels or more, for the interest of restoration and rebuilding of economy of the Kingdom of Cambodia, may have right to file an application for Khmer nationality, in case when upon he/she has fulfilled the conditions as stated in the sub-paragraphs 1, 2, 5 and 6 of the article 8 of this law.

·         Any foreigner who has shown evidence that he/she had offered any special merit or achievement for the interest of the Kingdom of Cambodia, may file an application for Khmer nationality and with no need to fulfill the conditions as stated in the sub-para.3 of the article 8 of this law.

B.     The procedure for obtaining Khmer Nationality through the Investment

As noted above, to obtain Khmer Nationality through the investment is a part of obtaining Khmer nationality by naturalization. So, it shall comply with the conditions which stipulated in the procedure of obtaining Khmer Nationality through Naturalization.

According to Article 10 and Article 11 of the Law on Nationality defined the conditions of acquiring of Khmer nationality for foreigners to invest in Cambodia if:

·         obtain the permission for investment of the CDC and implement the actual project or; did not obtain the permission from the CDC but they have received the legal permission.

·         The investment capital expenditure from 1250 million or more.

Step of applying for Khmer Nationality through Naturalization are as follows:

v  Step of the Ministry of Interior

Procedures to obtain and review the documents and the examination to apply for Khmer nationality through Naturalization, all any foreigner, he or she, is determined by the Prokas of the Minister.

Foreigners, men or women, who claim for Khmer Nationality should be present in the country when applying and shall complete the application in the Bureau of Naturalization Affaire of the Department of Nationality of Ministry of Interior and be supplemented as below:

·         The application form of Khmer nationality 2 Copies

·         Curriculum vitae, fingerprints, Name, Photo 4 x 6, 2 photos attached 10 photos. All photos are new front without a helmet and sunglasses.

·         Authentic copies of certificate of Birth by the competent authority of his/her country

·         Validity of Copies of Passport and visa 2 copies

·         A paper certifying that he/she has good behavior and moral conduct issued by the chief of the commune (Khum) or quarter (Sangkat) of his/her own residence.

·         Criminal Record issued by the ministry of justice in Cambodia 1 copy

·         Criminal Record issued by the Competent Authority of his/her own country with the certification of their Embassy or their Consular: 1 copy

·         Certificate of Health and Physical attitude issue by the Ministry of Health of Cambodia

·         Certificate of temporary residence issued by the police Commissioner 1 copy except the foreigner whose rights was limited according to the Article 10 11 12 and 13 of the Law on Nationality. 

After filling out all the forms, the Bureau of Naturalization Affaire of the Department of Nationality shall file all these applications to the Minister for consideration and decision.

The request of Khmer Nationality by foreigners, man or woman, through the Naturalization shall pay an administrative fee which was determined by Prakas of the Minister of Interior and Minister of Economy and Finance.

Note: After completing the application correctly and paid for administrative fees, those applicants will receive a receipt and copies of the letterhead of application in order to prove that the applicant (the past implementation). The next procedure was the work of the Ministry of Interior.

v  Step of Royal Government

After receiving the report of the Minister of Interior, Prime Minister shall check all the applications. After reviewing, the Prime Minister shall report and request to His Majesty to give the honor to check and decide.

v  Step of His Majesty

After His Majesty received the report and the proposal of the Prime Minister, and as well as, after His Majesty checked already the reports and proposals, he would sign and announce the Decree to grant the Khmer Nationality to the applicant.

Foreigners, man or woman, whom the king has granted Khmer Nationality, shall take the oath before the Supreme Court. Royal Decree of granting Khmer nationality was presented to the applicants, after the oath, by the Interior Ministry.

Specification: For the procedures of oath, the Ministry of Interior was responsible to prepare by notice to the applicants to take the oath in front of the Supreme Court. Anyway, the number of the applicants who will take the oath, would be recognized by the Ministry of Interior as well, because when amount of the applicants is reach to the need, they will prepare to take the oath. Overall, those who apply for Khmer Nationality shall wait for the notification from the Ministry, anyway the instructions of the Ministry (implementation).