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I. L II. A III. R B.N. LAWS & RE Admin Agricu Custo Civil a Crimi Educa Finan Labor Land Natur Touris Traffic APPOINTME REGISTRAT P G Mo EGULATION nistrative & ulture om & Import aviation nal & Proced ation nce r and Social & properties ralization sm c ENTS TION Prepared by If you nee please onth CON NS UPDATE Public Secto Export dures Affair s y BNG Lega De Ju ed back copie e access our w hly La NTENTS or al Research epartment une 2009 s or our Cam website at ww aw U S h & Docume bodian law in ww.bngkh.com Upda entation ndex, m ate

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Page 1: B.N. G Monthly Law Upda te - bnglegal.combnglegal.com/cn/wp-content/uploads/2013/04/June-2009-Law-update...to make public and broadcast this necessary letter of Samdech Hun Sen (the

I. L

II. AIII. R

B.N.

LAWS & RE

Admin

Agricu

Custo

Civil a

Crimi

Educa

Finan

Labor

Land

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Touris

Traffic

APPOINTMEREGISTRAT

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aviation

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hly La

NTENTS

or

al Researchepartment

une 2009

s or our Camwebsite at ww

aw U

S

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bodian law inww.bngkh.com

Upda

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ndex, m

ate

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No.087 June 2009-Law update-BNG

I. LAWS & REGULATIONS UPDATE

ADMINISTRATIVE & PUBLIC SECTOR

Royal Decree No NS/RKT/0509/521 of May 20, 2009 on the Appointment of Chief, Vice- Chief of the Secretariat of the National Committee for Development as Democratic Form at National Level (Ogs, Year 09, No 39, May 27, 2009):

It was decided to appoint chief, vice-chief of the secretariat of the National Committee for Development as Democratic Form at National Level which composed of His Excellency Sakk Setha as Chairman of Committee, His Excellency Leng Vy as 1st Vice-Chairman, His Excellency Ngann Chamreoun as Vice-Chairman with equal rank to General Director, and His Excellency Liv Bunhai as Vice-Chairman with equal rank to General Director.

Royal Decree No NS/RKT/0509/573 of May 28, 2009 on the Recognition of the Composition of Members of City Council, Municipal/Provincial Council, Khan/District Council (Ogs, Year 09, No. 42, June 08, 2009):

It was decided to recognize the Capital Council, Municipal Council, Provincial Council, District Council and Khan Council in accordance with the official result of the Election on May 19, 2009.

The Decree also made clear the statement that the recognition of composition of Capital Council and Provincial Council will be determined by Royal Decree, and composition of Municipality Council, District Council, and Khan Council will be determined by Sub-Decree.

The change of members of the Councils shall be implemented based to Article 23 of the law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans.

Directive No 015 (RGC) of May 28, 2009 on the Making of Internal Regulations of the City, Provincial/Municipal, District/Khan Councils (Ogs, Year 09, No. 43, June 08, 2009):

The directive was made to set up and regulate the Internal Order for the Councils as in accordance with Article 69 of the Law on Administrative Management of Capital, Provincial/Municipality, and District/Khan.

Following of the recognition of the Councils, it shall arrange the internal regulations to determine rules for the meeting and its work scheme.

The sample of these internal regulations is just made as the basic document so that the Capital council, Municipality council, Provincial council, district/khan council can follow. The regulations shall mention the minimum conditions to determine the meeting, and the work scheme of the Councils.

Instructive Circular No 08 (RGC) of June 15, 2009 on Celebrating the Cambodia Former Youth Day II (Ogs, Year 09, No. 44, June 15, 2009):

In order to glorify the life of Veterans, increase the spirit of mutual help and to raise up the veteran’s role and honor our veterans for joining our nation, the

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Royal Government of Cambodia issued the Decision No. 31 dated June 20, 2007 to determine the 21st of June annually as the Veteran Day.

For the Celebration of the Second Veteran’s Day, the Government has instructions as below:

‐ Ministry of Social Affairs Veterans and Youth Rehabilitation shall cooperate with Cambodia Veteran Association to total and estimate task’s result of Cambodian Veteran for the past two years, and to offer rewards to Veterans who had good performance.

‐ Municipality/Provincial Authorities shall work with local Veteran Association and organize friendly talks.

‐ The Ministry shall coordinate with the National and International Ceremony Commission to organize the second Cambodia Veteran’s Day to advance the view and meaning of honouring Veterans.

‐ Ministry of Information shall instruct to state and private information bodies to make public and broadcast this necessary letter of Samdech Hun Sen (the president of Cambodia Veteran Association).

‐ Ministry of National Defence and Ministry of Interior shall cooperate with Ministry of Social Affairs Veterans and Youth Rehabilitation and Ministries/Institutions, territory authorities, Force Alliance to organize the friendly talks with Veteran.

‐ All ministries/institutions shall prepare to hang the slogan with meaning as below:

o Bravo! The Kingdom of Cambodia

o Enthusiastic the second Cambodia Veteran’s Day (21st June, 2009)

o Learn to the model of Patriotism of Cambodia Veteran

‐ Ministry of Economy and Finance shall offer the fund for organizing this Veteran’s Day.

Decision No 38 (RGC) of June 04, 2009 on the Task Transfer of the Royal Government (Ogs, Year 09, No. 42, June 08, 2009):

This Decision mentions about the transfer of rights to H.E. Deputy Prime Minister Sok Ann, Minister in charge of the Office of Council of Ministers as an Acting Prime Minister of Royal Government of Cambodia on behalf of H.E. Sar Kheng, Acting Prime minister from June 04, 2009 till Samdech Akak Moha Sena Padei Dekcho Hun Sen returns back to Cambodia, while H.E. Sor Keng is going to lead the delegation to attend the 5th session on the Cooperation and Development between the provinces along the border of Cambodia and Vietnam at Republic of Vietnam.

Sub-Decree No 85 (RGC) of June 11, 2009 on the Establishment of a Number of Departments under the supervision of the National Institute of Statistics of the Ministry of Planning (Ogs, Year 09, No. 45, June 19, 2009):

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The Department of Statistical Standards and Statistical Analysis, Department of Information and Communication Technology, Department of National Accounts, and Department of Policies and Statistical Cooperation shall be established within the National Institute of Statistics. The department is functioning under the management of one director and one deputy director as assistant, a number of bureaus as deemed necessary shall be included and it will be determined by Ministry of Planning.

The main functions and duties of Statistical Standards and Statistical Analysis are to prepare and develop the national statistical standard classifications in order to serve the production of census and survey data and analysis, prepare and develop the statistical concept and definitions, prepare and develop the statistical methodologies of official statistics by domains in order to ensure the production of official statistical data to have accuracy, quality and reliability….etc…

The main functions and duties of Department of Information and Communication Technology are to install, set up, maintain and repair the local area network and transact information and data with concerned ministries by ensuring safety of data in the statistical system and other services such as internet, e-mail, data store, dissemination and printing, analyze design requirement, develop system and install software on geographic information system (GIS), data editing, data cleaning, database transformation and evaluation of software package for surveys and censuses…etc….

The main functions and duties of Department of National Accounts are to estimate and analyze the macro-economic statistics under supervision of the National Institute of Statistics, report on the situation of national economy, evolution of economic sectors, inflation and other price indexes…etc…..

The main functions and duties of Department of Statistical policies and statistical cooperation are to prepare policies on strengthening the national statistical system and designated official statistics, prepare statistics legislation for strengthening the national statistical system and statistical cooperation

Article 12 concerning the General Statistics Department of the Sub-Decree No. 55 dated 23 September 1997 on the Organization and Functioning of the Ministry of Planning and all existing provisions which are contrary to this Sub Decree shall be considered null and void.

Royal Decree Nº NS/RKT/0609/632 of June 10, 2009 on the Appointment of Vice- President of Cambodian National Committee and Development (Ogs, Year 09, No. 47, June 27, 2009):

It was decided to appoint the vice-president of the Cambodian National Committee and Development such as: his Excellency Seng Limnov with equal rank to minister addition to the current position, his Excellency Kong Ouk with equal rank to secretary of state addition to the current position, his Excellency Mann Cheun with equal rank to secretary of state addition to the current position. The decree also appoint the composition of another three people, one is general secretary equal rank to secretary of state, and the other two are the deputy secretary general equal rank to under-secretary of state.

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Sub-Decree Nº 94 (RGC) of June 27, 2009 on the Establishment of National Secretariat- Asian-Cambodia (Ogs, Year 09, No. 47, June 27, 2009):

The purpose of this Sub-Decree is to establish a secretariat in order to facilitate all local and national ASEAN affairs of the Ministry and institution of The Royal Government of Cambodia.

This Sub-Decree also determines the compositions, location, and function of ASEAN National Secretariat of Cambodia. As mentioned in this Sub-Decree, the nine (9) compositions consist of one President, two Vice-Presidents, one Secretary General, and five members. Moreover, this Secretariat is located at the Ministry of Foreign Affairs and International Cooperation. In addition, the function of this Secretariat, as prescribed in this Sub-Decree, is to facilitate all local and national ASEAN affairs and the concerned institution.

Circular Nº 04 of June 24, 2009 on the Prevention Measures and Crackdown on Gangster Activities (Ogs, Year 09, No. 47, June 27, 2009):

To crackdown, prevent and eliminate the gangster’s activities, the government has issued the circular with following rules:

‐ Ministry on Interior, Ministry of National Defense, Ministry of Justice, Ministry of Tourism, Ministry of Education, Youth and Sports, Municipality/Provinciality Administration and other relevant authorities shall deal with this matter to restore the situation to see in advance.

‐ National Force of the General Commissioner and other relevant authorities shall organize the intervention to prevent and crackdown the gangster’s activities and any other offence’s activities committed by the Teenagers and Gangsters. Any crime offence committed by gangsters, the relevant authorities shall implement its duties to crackdown and bring the offender to the court as in accordance to law.

‐ In order to assure the security, public order and people happiness, the local authorities shall issue an administrative order to prevent the activities as mention.

‐ All relevant ministries, institutions, authorities shall advertise comprehensively and encourage people to join in the activities.

‐ Ministry of Interior, Ministry of National Defense, General Secretariat of National Forces, Ministries/Institutions and other relevant shall implement this circular effectively and spiritually.

Sub-Decree Nº 95 (RGC) of June 25, 2009 on the Modification of Preah Kosama Hospital to Public Administration Building (Ogs, Year 09, No. 48, June 30, 2009):

It was decided to become the PKH to become the Public Administration Building within the Technical Administration of Ministry of Health and under the Fund Administration of the Ministry of Economy and Finance.

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The PKH is the legal entity which has the autonomous fund.  

PKH is function and managed by Board Council which composed of:

‐ Representative from Ministry of Health Chairman

‐ Representative from Council of Minister Member

‐ Representative from MoEF Member

‐ Dignitary Officials with experiences on Health Science Member

‐ Representative from Municipality Hall Member

‐ PKH’s Director Autonomous Member

‐ Staff’s Representative of PKH Autonomous Member

The PKH has the duties to assure the health care services for general diseases, serious and non-serious diseases, consult and cure the diseases without discriminating and with the same manners and techniques. Other services includes curing the disease, preventing diseases, dental science, pharmacies, and staff training.

The members of board council will be selected among the active officials who at least five years experiences, and whom experiences in health science, economic and shall be Cambodian nationality.

Sub-Decree Nº 96 (RGC) of June 25, 2009 on the Modification of Khmer Soviet Friendship Hospital (KSFH) to Public Administration Building (L&R/Adm/2009/Khm) (Ogs, Year 09, No. 48, June 30, 2009)

It was decided to become the KSFH as the Public Administration Building within the Technical Administration of Ministry of Health and under the Fund Administration of the Ministry of Economy and Finance.

KSFH is function and managed by Board Council which composed of:

‐ Representative from Ministry of Health Chairman

‐ Representative from Council of Minister Member

‐ Representative from MoEF Member

‐ Dignitary Officials with experiences on Health Science Member

‐ Representative from Municipality Hall Member

‐ KSFH’s Director Autonomous Member

‐ Staff’s Representative of KSFH Autonomous Member

The KSFH has the duty to assure the health care services for general diseases, serious and non-serious diseases, consult and cure the diseases without discriminating and with the same manners and techniques. Other services such as cure the disease and prevents diseases, dental science, pharmacies, and staff training.

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The members of board council will be selected among the active officials who have at least five years experience in health science or economic. In addition, the members shall be Cambodian nationality.

Sub-Decree Nº 91 (RGC) of June 22, 2009 on the Establishment of Information Entity and Fast Reaction (Ogs, Year 09, No. 47, June 27, 2009):

The establishment of this entity is subordinate to the Council of Minister. The aim of this entity is to quickly react to any national and international information which is negative in order to protect the prestige of the Royal Government of Cambodia and to glorify national identity. In this sub-decree also stated the roles and duties, structure and management and roles and duties of each department of this entity.

The entity has some important roles and duties as below:

‐ Preparing the policy and information strategy;

‐ Preparing plan and measure to prevent all negative action;

‐ Researching and compiling all national and international information which are positive and negative;

‐ Cooperating with other ministries and relevant institutions to manage all documents in order to fast reaction;

‐ Cooperating with legal counsel and other relevant institutions of the Council of Minister.

There is one director with secretary and other deputy directors and members as necessary.

AGRICULTURE

Prakas 136 (MOC) of October 10, 2008 on the Creation of the Commission for Organizing Strategy to Encourage the Silk Sector in Cambodia (Ogs, Year 09, No. 48, June 30, 2009):

This committee is under the supervision of the Ministry of Commerce and is composed of delegates from Ministry of Commerce, Ministry of Women’s Affairs, Ministry of Agriculture, Ministry of Industry, Ministry of Rural Development, Ministry of Labor, Ministry of Foreign Affairs, Department of Tourism and Culture Development, Craft Networks, AAC, PCU-ITC.

The group is assigned with the following role and duties – determining the strategy; provide information and marketing; promote competition capacity; cooperation with other stakeholders; annual plan and budget; coordinate with ITC and project coordinator; peruse and follow up the works of PCU-ITC; create guidelines to follow up the development of the strategy; conflict resolution; create its secretariat; and report regularly to the Ministry of Commerce.

In this Royal Decree, the composition of Vice Secretary General of the Cambodian Engineer Association consists of six (6) Vice Secretary Generals

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with a rank equal to the Vice Secretary of state. The Prime Minister is in charge of effectively executing this Royal Decree.

CUSTOM & IMPORT EXPORT

Prakas No 491 of June 09, 2009 on the Implementation of the Elimination Program of Import Tax and Non-Taxable Barrier on Business in ASEAN for Section 3 of Products Registrar of the Information and Communication Technologies (ICT) (Ogs, Year 09, No. 43, June 12, 2009):

This Prakas aims to implement the Elimination Program of Import Tax and Non-Taxable Barrier over Business in ASEAN for Section 3 of Products List of the Information and Communication Technologies (ICT).

CIVIL AVIATION

Decision No 59 (RGC) of June 15, 2009 on the Establishment of Technical Teamwork to Accelerate and Promote the Operation of Cambodia Angkor Air Company (Ogs, Year 09, No. 44, June 15, 2009):

The working group is obliged to push and promote the operation of Cambodia Angkor Air. Composition of the group is comprised of delegates from the Council of Ministers, CDC, Advisor to deputy prime minister Sok An, MoEF, civil aviation secretariat, and the council of jurist.

The group is assigned with the following roles and responsibilities – negotiation and coordination; analyze and evaluate the result, contacts and other conditions; solve and coordinate all problems arisen; and report on the negotiation result.

Decision No 39 (RGC) of June 22, 2009 on the Establishment of the Committee for Negotiation with Vietnamese Aviation Company, in order to establish the Cambodia National Aviation Company (Ogs, Year 09, No. 46, June 23, 2009):

This committee is under the supervision of the Ministry of Commerce and is composed of delegates from Ministry of Commerce, Ministry of Women’s Affairs, Ministry of Agriculture, Ministry of Industry, Ministry of Rural Development, Ministry of Labor, Ministry of Foreign Affairs, Department of Tourism and Culture Development, Craft Networks, AAC, PCU-ITC.

The group is assigned with the following role and duties – to determine the strategy; provide information and marketing; promote competition capacity; cooperation with other stakeholders; annual plan and budget; coordinate with ITC and project coordinator; peruse and follow up the works of PCU-ITC; create guidelines to follow up the development of the strategy; conflict resolution; create its secretariat; and report regularly to the Ministry of Commerce.

CRIMINAL & PROCEDURES

Royal Decree No NS/RKT/0509/608 of May 30, 2009 on the Organization and Functioning of the National Authority for Combating Against Drugs (Ogs, Year 09, No. 45, June 19, 2009):

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The decree was made to determine the composition, duties and structures of the National Authority for Combating Drugs. The NACD composed of one (1) chairman which is the Deputy Prime Minister, five (5) vice-chairman which are the ministers from various ministries, and sixteenth (16) members; it also consists of the General Secretariat.  

The main duties of NACD are to implement the convention 1961 which is amended by Protocol 1972 for preparing and setting up policies, strategies and activity plans to prevent the planning, production, traffic, and trade of drugs; to educate and advertise on drugs using; to prohibit, manage and create training, to create cure centre for rehabilitation and foster international communication with other international partners seeking fund to support the activities.

The General Secretariat of NACD shall be under the structure of the Ministry of Interior, and it shall be under direct control of chairman of NACD. The NACD’s Resource and budget is from the separate pack in budget pack of Ministry of Interior, donation and contribution, and other properties from the decision of court to seize.

EDUCATION

Sub-Decree No 84 (RGC) of June 09, 2009 on the Organization and Functioning of the Ministry of Education, Youth and Sports (Ogs, Year 09, No. 44, June 15, 2009):

The purpose of this Sub-Decree is to determine the Organization and Functioning of the Ministry of Education, Youth and Sports as follow:

‐ Organize the mission and structure of Ministry of Education, Youth and Sports

‐ Organize the function and duties of every unit of Ministry of Education, Youth and Sports

‐ Assure the quality and effectiveness of work accomplishment result in Education, Youth and Sports

This Sub-Decree shall be effective to Central, Capital, Province, City, District, Khan Units and Academic Buildings.

Decision No 61 (RGC) of June 20, 2009 on the Establishment of Secretariat of the Preparation Commission of Instructive Principles and Procedures for Leading the Defence Thesis (Ogs, Year 09, No. 46, June 23, 2009):

The Preparation Commission of the Instructive Principles and Procedure for Leading the Defense thesis comprise of 1 Director and 2 members.

This commission shall have the following roles and duties:

‐ Prepare the draft of the instructive principles and procedure for post graduates training

‐ Organize and Coordinate each task and Commission’s meetings

‐ Completing other duties granted by the Commission’s Director

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FINANCE

Royal Kram No NS/RKM/0609/008 of June 20, 2009, Promulgation of Law on Financial Lease (Ogs, Year 09, No. 45, June 19, 2009):

This law has the purpose to determine the rights and obligations for the parties related to the operation of financial lease via some protective measures. In this regard, its target is to develop the financial sector through banks and financial institutions in order to secure the financial lease of movables in the Kingdom of Cambodia.

In addition, it clarifies that the lease is an agreement entered into by and between a lessor of movable, natural or juristic person, and a lessee by transferring the right of possession and use on the movable to the lessee in consideration of the rental for the movable according to the terms and conditions in the agreement. Therefore, the agreement authorizes the lessee to possess, use and profit from the movable provided by the lessor by paying the rental of the movable before or after the execution of the agreement.

Similarly, the financial lease agreement is an agreement by which a lessor purchases a movable which a lessee chose from a supplier and leases this movable to the lessee in consideration for a number of rental fee paid by the lessee with respect to the terms and conditions of the financial lease agreement. Therefore, this law governs this triangle transactional relation such as the roles, duties, obligations of each party, and also requires that the financial lease must be made in writing.

It additionally requires that an agreement deemed as a financial lease must contain 1/ description of the movable to lease, 2/ amount of rental per period of time, 3/ date of starting of the financial lease and 4/ signatures of the lessor and lessee in the agreement.

Royal Kram No NS/RKM/0609/009 of June 20, 2009 on the Modification of the Law on Finance for Management 2009 (Ogs, Year 09, No. 46, June 23, 2009):

This law intends to add to the law on finance for management 2009 which has the purpose to grant special finances to the government for supporting and developing the agro-industry sector as well as to encourage qualified investment projects.

In this case, it authorizes to be created the supporting fund and agro-industrial development under the authority of the Ministry of Economy and Finance. This fund target is to grant the credit for short, medium and long term for supporting and developing the agro-industry sector. It moreover enumerates the sources, resources of this fund, and how to collect the fund. The law on modification to the law on finance management 2009 also determines the duration of the priority for tax exemption on the profit for the qualified investment project in the agro-industrial development.

Sub-Decree No 87 (RGC) of June 22, 2009 on the Budget Credit Transfer (Ogs, Year 09, No. 46, June 23, 2009):

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It is to transfer the budget credit of 7. 939 million Riels from the chapter of unexpected expense figure to the non-divided expense figure of the chapter of fund and social relief in order to give to the department of general administration of the Ministry of Interior for 2009. This transfer is made by a Prakas of the Ministry of Economy and Finance for calculating the debt on the creation of the Khmer identity card to the company Chhun Hong.

Sub-Decree No 88 (RGC) of June 22, 2009 on the Budget Credit Transfer (Ogs, Year 09, No. 46, June 23, 2009):

This sub-decree purpose is to authorize the transfer of 15.739 million Riels from the chapter of unexpected expense figure to non-divided expense figure chapter on sale for the Ministry of National defence for 2009. This division of the budget expense shall be made by a Prakas of the Minister of Economy and Finance for calculating the debt on grant of rice for years 2003 and 2008 to the company Man Saron.

Sub-Decree No 90 (RGC) of June 22, 2009 on the Budget Credit Transfer (Ogs, Year 09, No. 46, June 23, 2009):

This sub-decree purpose is to authorize the transfer of 5.942 million Riels from the chapter 09 of unexpected expense figure to non-divided expense figure chapter 60 on sale for the department of public security of the Ministry of Interior for 2009. This division of the budget expense shall be made by a Prakas of the Minister of Economy and Finance for calculating the value discriminated debt on grant of rice for year 2008.

Instructive Circular No 09 (RGC) of June 22, 2009 on the Preparation of the Draft Law on Finance for Management 2010 (Ogs, Year 09, No. 46, June 23, 2009):

Based on its description on the evolutional situation of the economy of the Kingdom of Cambodia until now, this circular has the purpose to prepare the draft law on finance for management of year 2010. In order to prepare this law, the circular mentions that we should examine the situation of Cambodia and global economy through the evolution of implementation of triangle strategy, rectangular strategy and other implemented strategies of the government at all phases of their implementation in Cambodia and globally. In addition, it focuses on the situation of macro-economy, public finance and budget, framework of the policy of economy and public finance in for coming year 2010, framework of public financial policy and budget, the calculation of budget, framework of budget expense, and plan of budget incomes: taxation, customs and excise, non-taxable income. It moreover enumerates the ways of main resources of the public finance in comparison with the expenditure of the previous years.

It also mentions the micro-economy and macro-economy on the flow of economic resources of Cambodia, the procedures and mechanism of disposition of financial budget for year 2010, the plan of budget expense, determination of budget package, organization and analysis on proposals on budget as well as the conclusion. In that regards, it clarifies how to prepare the draft law on finance for management for implementation in the coming years.

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Sub-Decree Nº 93 (RGC) of June 23, 2009 on the Budget Credit Transfer (Ogs, Year 09, No. 47, June 27, 2009):

It is to authorize the transfer of 6.185 million Riels from the chapter 09 of unexpected expense to the chapter 60 of non-divided expense on sale, 1.515 million Riels for the department of public security of the Ministry of Interior, 4.670 million Riels for the Ministry of National Defence for year 2009. In this regards, the division of this budget credit expense shall be made by a Prakas of the Minister of Economy and Finance in order to pay the value discriminated debt of diesel supply for year 2008 to the company Sokimex.

Sub-Decree Nº 92 (RGC) of June 25, 2009 on the Budget Credit Transfer (Ogs, Year 09, No. 47, June 27, 2009):

This sub-decree focuses on the transfer of budget credit amounting to 683 million Riels from the chapter 09 of unexpected expense of the non-divided expense number to the chapter 60 on sale for the department of public security of the Ministry of Interior for management year 2009. The division of the credit budget expense in this chapter shall be made by a Prakas of the

Minister of Economy and Finance for calculating the debt supply price and accessories to the company Sourm Sophal.

LABOR & SOCIAL AFFAIR

Sub-Decree No 754 (RGC) of May 27, 2009 on the Exchange of the Members of the Board Council of the National Social Security Fund (Ogs, Year 09, No. 42, June 08, 2009):

It was decided to appoint Mr. Mam Amnott, representative from office of Council of Minister as member of Board of Director of the National Social Security Fund to replace His Excellency Tekreth Samrech.

Minister in charge of Council of Minister, Minister in Charge of Economy and Finance, Minister in charge of Labor and Vocational Training, Minister in charge of Health, all relevant Ministers, and state secretariats shall implement this sub-decree in accordance to its functions and duties from the date of signing.

Any provisions contrary to this Sub-Decree shall be considered Void.

LAND & PROPERTIES

Sub-Decree No 89 (RGC) of June 22, 2009 on the Increase of the Members of the National Social Land Concession Committee (Ogs, Year 09, No. 46, June 23, 2009):

To be added to the members of the National Social Land Concession Committee stated in Article 21 of Sub-Decree No 19 of March 19, 2003 on Social Land Concession:

‐ Secretary of State of Ministry of Land Management, Urban Planning and Construction in charge of Social Land Concession (member)

‐ Deputy Chief of Forest Administration (member)

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‐ Deputy Director of Directorate of Land Management, Urban Planning of Ministry of Land Management, Urban Planning and Construction (Permanent Deputy Secretary General)

Sub-Decree No 83 (RGC) of June 09, 2009 on the Procedures for Land Registration of the Indigenous Communities (L&R/L&P/2009/Khm) (Ogs, Year 09, No. 43, June 12, 2009)

This Sub-Decree aims to determine the principles, the procedure and the strategy for Land Registration of Indigenous Communities as Collective Ownership.

The purpose of this Sub-Decree is to grant the legal right for land occupation to the Indigenous Communities; assure the land occupation and defense the collective ownership in keeping the Indigenous Communities’ cultural, traditional identities.

This Sub-Decree shall be effective to the Indigenous Communities which is formed as Legal entity in Cambodia.

NATURALIZATION

Royal Decree No NS/RD/0509/493 of May 09, 2009 on Granting Khmer Nationality by naturalization to Mrs. DING SIEW BING, Presently Korean Born in SEOUL, in KOREA (Ogs, Year 09, No 43 , June 12, 2009).

Royal Decree No NS/RD/0509/718 of May 09, 2009 on Granting Khmer Nationality by naturalization to Miss. CHAN ANITA, Chinese Origin, Chinese nationality, Hong Kong city, People’s Republic of Chinese(Ogs, Year 09, No 43 , June 12, 2009).

Royal Decree No NS/RD/0509/572 of May 27, 2009 on Granting Khmer Nationality by naturalization to Mr. KIM YONGDUK, Korean Origin, American, Born in KYOUNG JU, in KOREA by changing name to HUN YANG (Ogs, Year 09, No 43 , June 12, 2009).

TOURISM

Royal Kram No NS/RKM/0609/007 of June 10, 2009, Promulgation of Law on the Tourism (Ogs, Year 09, No. 45, June 15, 2009):

The aim of this Royal Kram is to determine the measure and the strategy for

managing and developing the tourism in Cambodia. ‐ Manage and develop tourism in Cambodia with effectiveness, quality and

endless in order for the reduction of Poverty.

‐ Contribution to conserve and maintain the natural resource, culture and tradition for tourism.

‐ Conserve and promote the quality of touristic service in Cambodia by creating the system of quality assurance and by giving the tourists the security, safety, comfort, and increasing the satisfaction.

‐ Take the maximum benefit from the tourism, assure the division with equity and prevent negative effects to tourism.

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‐ Promote wide cooperation, perform market research, and urge the publication of Cambodian tourism to be more effective by joining the public sector and private sector.

‐ Develop the human resource in tourism

‐ Contribute to the friendship and international conciliation building via touristic industry.

This law shall be effective to manage and cope with all touristic activities throughout the kingdom of Cambodia.

TRAFFIC

Decision No 37 (RGC) June 02, 2009 on the Creation of the Team to Lead,, Order and Control the Implementation of the Law on Land Traffic (Ogs, Year 09, No. 41, June 04, 2009):

 

The Team to Lead, Order and Control the Implementation of the Law on Land Traffic composes of:

‐ Minister of Interior Chairman

‐ Minister of Public Work and Transport Vice-Chairman

‐ Minister of Justice Member

‐ Minister of Information Member

‐ Minister of Education, Youth and Sports Member

‐ Commissioner General of National Police Member

‐ Commissioner in Chief of Cambodia Gendarmerie Member

‐ Municipality/Provincial Governor Member

The team has some duties such as construct and improve activities and draft the regulations for safety of traffic, cut down traffic jams, cut down the traffic offence and the traffic dangers rates, improving the capacity, quality of land traffic officials, and to make observation.

The team consists of its secretariat which consists of chairman, vice-chairman, permanent vice-chairman, and other seven members. The secretariat’s role are to assist the Team to Lead, Order and Control the Implementation of the Law on Land Traffic, organize task programmed, administrative arrangement through instructing from team, making report and other tasks as pointed by team.

II. APPOINTMENTS

Royal Decree No NS/RD/0509/571 of May 27, 2009 on The Appointment to H. E. Chiv Keng as Advisor of Chief of Council of Jurist at Council of Minister in the rank equal to Minister Addition to his Current Position(Ogs, Year 09, No. 42, June 08, 2009).

Royal Decree No NS/RD/0509/576 of May 28, 2009 on The Appointment to H. E. Choch Phoeun as Chief of National Authority For Development of natural Culture Enjoyable Place of Preah Vihea Temple in the rank equal to Minister Addition to his Current Position (Ogs, Year 09, No. 41, June 04, 2009).

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Royal Decree No NS/RD/0609/620 of June 04, 2009 on The Appointment to H. E. Pan Chan Dra as Under Secretary of State of Ministry of Tourism (Ogs, Year 09, No. 44, June 22, 2009).

REGISTRATION

Testimonials (MOC) on The Commercial Registration of Some Companies:

The purpose of the following list is to certify that all of the following listed companies have been properly registered for a term of 99 years under Cambodian law and recognized as legal entities, commencing from their registration dates onwards.

Testimonial Nº

Registration Dates Company’s Names

Company’s Address

5355 October 03,

2008

HONG NENG-MEAN AGRICULTURE DEVELOPMENT

Co., Ltd.

Nº 30I, National Road No6A, Kean Khlang Village, Sangkat Chroy ChangVa, Khan Russey Keo, Phnom Penh

5356 October 03,

2008 ISALE Co., Ltd.

Nº 143E1, Champoucheakrom Blv, Sangkat Mitapheap, Khan 7Makara, Phnom Penh

5370 October 03,

2008 HHK INVESTMENT (CAMJBODIA)

CO., LTD.

Nº 214-218, Presh Seyhanu Blv, Sangkat Boeung Keng KongII, Khan Chamkamorn, Phnom Penh

5372 October 03,

2008 S’LIGHT ENGINEERING

(CAMBODIA) Co., Ltd. Nº 18, Street 613, Sangkat Boeung KokII, Khan Tuol Kork, Phnom Penh

5373 October 03,

2008 M’S PIG ACMC (CAMBODIA) Co.,

Ltd.

Nº 152S, Presh Norodum Blv, Sangkat Tonle Basak, Khan Chamkamorn, Phnom Penh

5375 October 03,

2008 SEAINYOUNG Co., Ltd.

Street 6, Siem Reap Commune, Siem Reap District, Siem Reap Province

5376 October 03,

2008 GTS TRANSMISSION LIMITED

Nº 226, Monivong BLV, Sangkat Phsar Thmei II, Khan Doun Penh, Phnom Penh.

5378 October 03,

2008 ADVANCE AGRO GROUP Co., Ltd.

Nº 601ABE, Street ChampouCheakrom, Sangkat Toeuk Laak I, Khan Tuol Kork, Phnom Penh

5399 October 06,

2008 GOLD FISH OCEAN Co., Ltd.

Nº 11EoE1, Street 614, Group 60,

Sangkat Boeung KokII, Khan Tuol Kork, Phnom Penh

5400 October 07,

2008

ACCOUNTAND AUDITOR & ANGKOR(AAA), PARKER

RANDALL

Nº 110, Sahakpounrosy BLV, Sangkat Toeuk LaakI, Khan Tuol Kork, Phnom Penh

5402 October 07,

2008 TAISEI CORPORATION

Nº 15A, Street 47, Samgkat Chrang Chamreh, Khan Doun Penh, Phnom Penh

5403 October 07,

2008 CB RICHARD ELLIS (CAMBODIA)

COMPANY LIMITED

Nº 45, Presh Soramreth Blv, Sangkat Chaktomukh, Khan Chamkamon, Phnom Pen

5404 October 07,

2008 INTechCom Services Co., Ltd.

Nº 56, Street 337, Sangkat Boeung Kok II, Khan Tuol Kork, Phnom Penh

5405 October 07,

2008 BRC TECH Co., Ltd.

Nº 56, Sangkat Boeung Kok II, Khan Tuol Kork, Phnom Penh

5475 October 10,

2008 WASA REGAL Co., Ltd.

Mondul I, Svay Dong Kom, Siem Reap District, Siem Reap Province

5476 October 10,

2008 HYOGO ANALYSIS CENTER

(CAMBODIA) Co., Ltd. Nº42, Neruk Bvl, Corner Street 336, Sangkat Veal Vong, Khan 7 Makara,

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Phnom Penh

5477 October 10,

2008 ASIA THY INVESTMENT & IMPORT EXPORT Co., Ltd.

Nº 1295E2 , National Street 2, Sangkat Chak Angrae Leu, Khan Meanchey

5478 October 10,

2009 QGI Quality Golf International

Products Co., Ltd.

Lor Lei Village, Bakong Commune, Prasat Bakong District, Siem Reap Province

5479 October 10,

2008 P.A ADVERTISING Co., Ltd.

Nº38, Street 606, Sangkat Boeung KokII, Khan Tuol Kork, Phnom Penh.

5481 October 10,

2008 VISITECH TRADING Co., Ltd.

Nº 108E1z, Street 128, Sangkat

Monorom, Khan 7Makara, Phnom Penh

5482 October 10,

2008 E JU IMJPORT EXPORT CO., LTD

Nº 42, Street Veng Sreng, Sangkat Chaom Chau, Khan Dong Kor, Phnom Penh

5487 October 10,

2008 CAMBODIAN HARVEST DRIED

FRUIT Co., LTD.

Prek Doung Village, Kampong Svay Commune, Kean Svay District, kandal Province

ACRONYMS

CAR Council for Administrative Reform CDC Council for the Development of Cambodia CIB Cambodian Investment Board Co., Ltd. Company Limited CoJ Council of Jurists CoM Council of Ministers DP Development Partners H.E His Excellency HRD Human Resource Development HRM Human Resource Management HRMIS Human Resource Management Information System IASB International Accounting Standard Board IT Information Technology K.I.P Kampot Institute of Polytechnic MAFF Ministry of Agriculture, Forestry and Fisheries

MBPI Merit-Based Payment Incentives

MEF Ministry of Economy and Finance

MoEYS Ministry of Education, Youth, and Sports

MoE Ministry of Environment

MIME Ministry of Industry Mines and Energy

MND Ministry of National Defense

MoP Ministry of Planning

MoI Ministry of Interior

MoJ Ministry of Justice

MLMUPC The Ministry of Land Management, Urban Planning and Construction

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MNASRI Ministry of National Assembly-Senate Relations & Inspection

MPTC Ministry of Post and Telecommunication

MRD Ministry of Rural Development

MWRM Ministry of Water Resources and Meteorology

MWVA Ministry of Women’s & Veterans’ Affairs

MLVT Ministry of Labor and Vocational Training

MPWT Ministry of Public Works and Transport

MSAVYR Ministry of Social Affairs, Veteran, and Youth Rehabilitation

NA National Assembly

NBC National Bank of Cambodia

NCIPM National Committee for Intellectual Property Management

NCT National Committee on Training

NSL National Specification Laboratory

Ogs Official Gazette

PMG Priority Mission Group

QIP Qualified Investment Project

RGC Royal Government of Cambodia

SEZ Special Economic Zone

SOA Special Operating Agency