Cambodia’s Ministry of Justice has launched a new platform on its official website to publish notices of forced sales issued by each municipal and provincial court of first instance. The platform’s stated purpose is to inform the public and facilitate greater participation in forced-sale auctions conducted in connection with court-ordered enforcement proceedings.

How the Platform Works

The platform publishes forced-sale notices from courts of first instance across Cambodia’s municipalities and provinces and includes a link where the public can view properties currently subject to forced sale. To participate in a forced-sale auction, individuals can download Khmer-language bidding application forms through links provided on the platform.

The form typically requires the applicant’s name, sex, year of birth, identity card number and issue date, and address, together with details identifying the immovable property (including its ownership certificate number), the relevant enforcement case number and date, and the reference to the public auction or tender announcement issued by the court.

Completed application forms must be submitted directly to the specific municipal or provincial court that issued the forced sale. For further inquiries about a particular forced sale, interested parties should likewise contact the relevant municipal or provincial court.

Forced Sale of Immovable Property in Cambodia

The publication of these notices relates to the forced sale procedure for immovable property under Cambodia’s Code of Civil Procedure (CPC). Unlike property seizure by a court, a forced sale is a compulsory execution proceeding—a subsequent enforcement step that arises only after an underlying dispute has been adjudicated and a debtor fails to pay the debt or outstanding amount due under a final and binding judgment or other enforceable title of execution. For the purposes of this procedure, the term “immovable property” under the CPC refers to land, registered buildings, jointly held shares of such property, registered perpetual leases and usufructs, and jointly held shares in those rights, and execution against such property is effected exclusively by the forced-sale method.

A few features of that procedure are useful context for prospective bidders:

• Execution of a court judgment against immovable property is carried out by forced sale, and the competent Execution Court is the court of first instance having jurisdiction over the location of the immovable property.
• Sale of the immovable is generally carried out by tender or auction. The Execution Court sets the date, time, and place of sale, and the court clerk gives public notice describing the immovable, the minimum sale price, and the sale details.
• Bidders must provide a monetary guarantee equal to 10% of the minimum sale price. This deposit is returned to any unsuccessful bidders once the sale is completed.
• The judgment debtor is prohibited from bidding to purchase the immovable.
• After the tender or auction is conducted, the bailiff determines the highest bidder and prepares a protocol recording the result.
• The Execution Court then holds a hearing and issues a ruling permitting or prohibiting the sale, based on grounds such as procedural defects or bidder disqualification. This ruling may be challenged by an interested party through an appeal.
• Once a ruling permitting the sale becomes final and binding, the purchaser must pay the sale price to the Execution Court within a period set by the court (not exceeding one month). Ownership of the immovable passes to the purchaser upon payment.

Practical Takeaways for Clients

Clients interested in bidding on properties subject to forced sale, such as real estate investors, creditors, and lenders, should:

• Monitor the Ministry of Justice’s website for newly published notices covering the municipality or province of interest.
• Prepare the bidding application form and gather all required supporting details—including identification, ownership certificate references, and the applicable enforcement case and auction announcement numbers—well in advance of the sale date.
• Be prepared to post the required 10% guarantee deposit of the minimum sale price when submitting a bid.
• Submit completed application forms directly to the specific municipal or provincial court that issued the relevant forced sale notice, and direct any follow-up questions about a particular sale to that court.

Prospective bidders will need to adhere to the procedural requirements and strict deadlines involved to successfully navigate the forced-sale process.