CORPORATE & COMMERCIAL
TOURISM SECTOR
IMPLEMENTATION OF CODE OF PROFESSIONAL CONDUCT AND CODE OF ETHICS FOR TOUR OPERATORS AND TRAVEL AGENTS OF THE KINGDOM OF CAMBODIA.
Prakas № 160, 25 October 2017, issued by the Ministry of Tourism (“MOT”).
This Prakas aims to enforce the implementation of codes of professional conduct and ethics for tour operators and travel agents in Cambodia. Segregated into two annexes, the code of professional conduct and code of ethics as per listed below under Annex 1 and 2 respectively.
Annex 1: The code of professional conduct aims to protect, enhance and maintain the propriety of tour operators and travel agents. This will also help to boost and foster greater trust among tourists. This code applies to all tour operators and travel agents operating in Cambodia. Tour operators and travel agents must engage in business activities within the parameters of relevant legal regulations and under an applicable tourism license. When operating its business, a tour operator or travel agent must have its own policy book regarding the delivery of its services to tourists. Of important note, tour operators must not sell tour packages with a zero-rated price or that is below net cost. Any practices violating this code of professional conduct may be investigated by MOT inspectors and, if there is a violation, the MOT will issue a warning letter to the violating party. In case of repeated violations, the violating party will be subject to penalties as set out in Chapter 6 of the Prakas on Licensing of Tour Operators and Travel Agents, and other applicable Cambodian laws.
Annex 2: The code of ethics aims to ensure that tour operators and travel agents provide quality services at appropriate standards to tourists in an ethical and responsible manner in order to foster trust among tourists and promote tourism sector in Cambodia. This code applies to tour operators and travel agents who are members of any tourism association in Cambodia. Of important note, tour operators and travel agents will be held liable under applicable laws if a tourist suffers damages during the provision of tourism services by a tour operator or tour agent. A tour operator or tour agent found to be in violation of the code of ethics will be subject to investigation by the MOT inspectors and other relevant competent authorities.
SOCIAL SECURITY FUND
REGISTRATION OF INFORMAL EMPLOYEES WITH NATIONAL SOCIAL SECURITY FUND TO OBTAIN HEALTH CARE SCHEME THROUGH HEALTH EQUITY FUND SYSTEM AND ADDITIONAL ALLOWANCE FOR FEMALE EMPLOYEES GIVING BIRTH.
Prakas № 336, 4 December 2017, issued by the Ministry of Labour and Vocational Training.
The Ministry of Labour and Vocational Training has recently issued Notification 336 dated 4 December 2017 on the registration of enterprise and its employees with the National Social Security Fund. The registration deadline was extended from 10 December to 31 December 2017.
This notification also aims to provide health care equity fund system and additional allowance to female employees upon the birth of their child regardless of whether they are regular, casual or informal workers.
Please refer to DFDL’s November legal update (click here) for more information.
TAX
SUSPENSION OF PREPAYMENT INCOME TAX OF ENTERPRISES IN THE TEXTILE AND GARMENT INDUSTRY.
Prakas no. 1130 MEF.Prk dated 27 October 2017.
The Ministry of Economy and Finance (“MEF”) recently issued a Prakas no. 1130 MEF.Prk dated 27 October 2017, to extend the suspension of the 1% Prepayment Tax on Income for enterprises in textile and garment industry. This suspension only applies to enterprises which are recognized as Qualified Investment Projects until the year-end 2022.
Under this Prakas, the enterprises in the textile and garment industry are referring to enterprises that produce garment, textiles, footwear, bag, handbag and hat for export.
To be eligible for this suspension, the enterprises in the textile and garment industry is required to:
- keep proper accounting records in accordance with the provisions of Law on Taxation and the provisions of Law on Accounting;
- fill and pay taxes by the applicable due date; and
- Provide an independent annual audit report to the Tax Administration.
*The information provided is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situation.
For further inquiries, please contact cambodia@dfdl.com.
