In this issue we present Cambodian regulations and information touching on the following:
- Organization and Functioning of the Secretariat of Telecommunication Regulator of Cambodia (TRC)
- Adjustment to the Commission for Dealing with strikes and demonstrations
- Creation of a Steering Committee for Reviewing the Implementation of the United Nations Convention Against Corruption (UNCAC) in Cambodia
- Amendment to the Sub-Decree № 160 ANKr.BK, dated 23 September 2009, on the Increasing Work Effectiveness of the Disciplinary Council of the Supreme Council of Magistracy
- TELECOMMUNICATION/POST 2012
ORGANIZATION AND FUNCTIONING OF THE SECRETARIAT OF TELECOMMUNICATION REGULATOR OF CAMBODIA, Sub-Decree #140(RGC), 6 September 2012
This Sub-Decree aims to determine the organization and functioning of the Secretariat of the Telecommunication Regulator of Cambodia (Secretariat of TRC). The Secretariat of TRC shall engage staff of the TRC and shall have the following duties: (1) manage works in relation to administration, personnel, finance, laws and letters of legal norms as well as assist to perform functions and duties of TRC as set out in Article 3 of the Royal Decree on Establishment of Telecommunication Regulator of Cambodia; (2) to assist in planning projects and measures to implement the policies of the telecom sector of TRC as determined by the Minister of Posts and Telecommunications; (3) to prepare documents to be submitted to TRC for review and decision; (4) to examine formalities of issuance, adjustment, suspension, transfer and/or removal of license; (5) to publicize regulations, instructions, standard letters and other documents; (6) prepare requests for determining license fees, settling disputes, imposing transitional fines, stopping the provision and use of telecom services, suspending or moving license to be submitted to TRC for review and approval; (7) prepare bidding, sale, purchase, rent of movable and immovable properties in accordance with the applicable laws and regulations; (8) study and design the structure of the telecom sector to be in line with the telecom sector’s policy; (9) develop provisions on the organization of structure, statutes and internal rules as well as salary rates, bonuses and other allowances in compliance with the laws and regulations in force to be submitted to the TRC for review and decision; and (10) to assist the TRC in communicating with state ministries-institutions, the national sub-administration, competent entities, telecom licensees, court and other relevant parties.
The Secretariat of TRC consists of the following structure: (i) administration and finance unit; (ii) regulation and dispute unit; and (iii) frequency management unit.
- LABOR 2012
ADJUSTMENT TO COMMISSION FOR SOLVING ISSUES RELATED TO ALL STRIKES AND DEMONSTRATIONS, Sub-Decree #136 (RGC), 5 September 2012
It is decided to adjust the commission for dealing with issues related to all strikes and demonstrations and this commission shall be used as a mechanism to settle and give advice to the Royal Government in solving issues of strikes and demonstrations. This Commission shall have the following roles and duties: (i) to monitor, collect information, raise measures for prevention and intervene for legal resolution of all strikes and demonstrations; (ii) to give instructions, principles and rules for solving strikes and demonstrations issues to all ministries-institutions in provinces-municipalities; (iii) to report and submit requests to the Royal Government for measures and solutions; (iv) to cooperate with relevant partner organizations, employers, union, civil society so as to develop social harmonization and professional communication; (v) to settle cases of strikes and demonstrations at the actual site as necessary; and solve the case of factories collapsed due to other crises and eventual risks. After this Sub-Decree comes into effect, the previous legal standard letters shall continue the implementation until the new legal standard letters are replaced.
The Decision #32 SSR, dated 8 December 2008, and any provisions which are contrary to this Sub-Decree shall be deemed abrogated.
- CRIMINAL LAW AND PROCEDURE 2012
ESTABLISHMENT OF STEERING COMMITTEE FOR REVIEWING THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) IN CAMBODIA, Decision #77 (RGC), 11 September 2012
It is decided to establish a Steering Committee for Reviewing the Implementation of the UN Convention Against Corruption in Cambodia in order to organize, lead and manage the process of reviewing the implementation of the UN Convention Against Corruption in Cambodia.
This Committee is made up of a composition from the public institutions-ministries and the private institutions as set out in this Decision.
- JUDICIARY 2012
AMENDMENT TO SUB-DECREE #160 ANKR.BK, DATED 23 SEPTEMBER 2009, ON INCREASING WORK EFFECTIVENESS OF THE DISCIPLINARY COUNCIL OF THE SUPREME COUNCIL OF MAGISTRACY, Sub-Decree #144 (RGC), 11 September 2012
This Sub-Decree aims to determine a mechanism for increasing the work effectiveness of the Disciplinary Council of the Supreme Council of Magistracy, regarding roles, duties and composition. Its purpose is to help the Council fulfill its roles being the only institution which has the ability to remind, improve, or organize/manage in accordance with the procedure for investigating, researching, and imposing or not imposing discipline to judges and prosecutors in accordance with the law on the organization and functioning of the Supreme Council of Magistracy. A mechanism for increasing the work effectiveness of this Council is called “inspection unit of the Disciplinary Council of the Supreme Council of Magistracy” and shall be under the direct supervision and order from the President of the Supreme Court or under the General Prosecutor attached to the Supreme Court who is the chairman of the Disciplinary Council subject to cases in relation to judge or prosecutor.
The Sub-Decree # 160 ANKr.BK, dated 23 September 2009 and any provisions which are contrary to this Sub-Decree shall be deemed abrogated.
If you have any questions about this Legal and Tax Update, please send us an email to: cambodia@dfdl.com
24 October 2012
