Marriages between foreigner and a Cambodian citizen, however, must abide by both, the 1989 Law on family and Marriage and the sub-decree on the Process and Procedures for Marriage between a Cambodian Citizen and a Foreigner (Sub-Decree No. 183/2008). While the process of marriage between Cambodian simply requires the submission of a marriage application to the local authority (Commune/ Sangkat) where the prospective bride resides, the process for a foreigner to marry with a Cambodian national is more complicated, since it involves obtaining marriage permission at Ministry of Interior, as well as an acknowledgment from the Embassy concerned.
Substantive Conditions for Marriage
According to the Civil Code, marriages can only take place between persons who have reached the age of majority, or age of marriage, which is 16 years old. However, marriages where one of the couple has reached an age of marriage, and the other one not, are allowed to take place if they obtain parental or guardian consent.
A person cannot re-marry if his or her previous marriage has not been dissolved.
Formalities and Procedures
A marriage between a Cambodian and a foreign national must follow the legal requirements of the Law on Family, Marriage, and Sub-Decree No. 83/2008 of the Kingdom of Cambodia.
Except for Articles 76, 77, 79, 80, and 81, all other provisions of the Law on Family and Marriage are abrogated by the Law on the Implementation of the Civil Code. Under the Law on Family and Marriage, a Cambodian can marry a foreign national, regardless of their country of residence (Article 79). Cambodian government has adopted strict measures, under sub-decree 183/2008, to prevent illegal activities happening across international borders. The sub-decree prohibits all marriages arranged through intermediary agents, brokers, or business companies1, and equally prohibits fake or fraudulent marriages for the purpose of human trafficking, or labor and sexual exploitation. 2 Furthermore, the same sub-decree qualifies certain conditions in the Law on Family and Marriage, and in the Civil Code. In particular, Article 5, states that a foreigner who wishes to marry a Cambodian must be physically present in Cambodia, in order to complete the procedural requirements of the marriage. Instead of registering the marriage directly with the commune’s civil status officer, marriage registration requires a longer process, involving the Ministry of Foreign Affairs and the Ministry of Interior. To counter fake or fraudulent marriages, the government has adopted other measures, though they are not statutory or regulatory. One such measure requires that a foreign national, who wishes to marry a Cambodian woman, must be less than 50 years old, and be earning at least US$2,500 per month (Diplomatic Notice dated 7 March 2011).
Under Sub-Decree No. 183/2008, a foreign national must first contact his or her own Embassy in Cambodia, to obtain diplomatic notarization, certifying that the Embassy has reviewed the relevant documents of the concerned foreigner ,and that those documents are true and valid (Article 6).
After receiving the diplomatic notarization from the Embassy, the foreign national shall subsequently submit the marriage application to the Ministry of Foreign Affairs and International Cooperation (“MFAIC”).
All employers shall make a declaration to the Ministry in charge of Labor when opening an enterprise or establishment. This declaration must be made in writing (Article 17).
A labor contract is subject to ordinary law and can be made in a form that is agreed upon by the contracting parties (Employment Contract). It can be written or verbal (Article 65).
Foreign Workforce
Regarding foreign workforce, the 1997 Labor Law sets out the following regulations.
No foreigner can work unless he/she hold a work permit and an employment card issued by the Ministry in charge of Labor. These foreigners must also meet the following conditions:
-The foreigner must beforehand have a legal work permit to work in the Kingdom of Cambodia;
-The foreigners must have legally entered the Kingdom of Cambodia;
-The foreigners must hold a valid passport;
-These foreigners must be fit for their job and have no contagious diseases. For foreigner who entered into Cambodia but not yet hold the Certificate of Physical Aptitude issued by competent institutions from original country can be able to check the health and Physical Aptitude Certificate will be issued by Occupational Health Department of Ministry of Labor and Vocation Training of the Kingdom of Cambodia.
-The work permit is valid for one year and will be expired on December 31 of each year and shall be extended by Mach 31 of every each year. The Ministry in charge of Labor shall issue a Declaration (Ministerial Order) for the issuance of work permits and employment cards to foreign workers (Article 262).
No foreigner can carry out any occupation in the Kingdom of Cambodia without a work permit and employment card issued by the Ministry of Labor and Vocational Training (Joint-Declaration No. 719 dated February 19, 2018).
Any E-ViSA extension for foreigner shall be attached with the work permit and employment card issued by Ministry in Charge of Labor (Joint-Declaration No. 719 dated February 19, 2018).
Remark:
-Work Permit and Employment Card (Year Tax) for foreigner is equal in amount of USD100.00 per year (Inter-Ministry Declaration No. 1191 dated November 21, 2006)
-USD50.00 of quota for Foreign Workforce (Quota = USD30.00 & Registration Fee = USD20.00)
All private or public people, physical or legal shall have the rights to construct a building on their own land and such rights shall be protected by this sub-degree (Sub-Decree No. 86 ANK/BK/December 19, 1997). Any Construction Permit issued prior the construction start- up shall be considered as legal document of the Construction. In the absence of land use plan and an approval master plan approved by the Royal Government, these provisions shall be enforced. These provisions shall be supplemented in compliance with the local situation within the framework of actual construction provisions of the land use plan of Provinces and Municipalities.
The construction permits shall be under the jurisdiction of the authority of the government. The government is the only institution, which can issue the construction Permits for the Industrial and commercial buildings covering the total are of more than 3000 square meters.
The total area of less than 3000 square meters is under the jurisdiction of the authority of Provinces and Municipalities.
