Welcome to this edition of DFDL’s Cambodia Law Update. In this issue we present Cambodian regulations and information touching on the following:
- Notification on the recordal for recognizing license and franchise contracts
- Cambodia’s accession to Madrid Protocol for international registration of marks
- Notification on legal standard letters developed by the Ministry of Land Management, Urban Planning and Construction
- Notification for enterprises/companies using-studying blueprint designs for construction, and for construction building groups on strengthening and managing all types of building constructions
- Notification on application for tax service agent license
- Announcement on trans-country adoption situation in Cambodia
- Technical specifications and safety systems for installation and operation of petroleum stations
- Announcement on overtime use for workers/employees other than normal working days
- Organization and functioning of department of labor market information department
INTELLECTUAL PROPERTIES 2015
NOTIFICATION ON THE RECORDAL FOR RECOGNIZING LICENSE AND FRANCHISE CONTRACT, Notification № 0738 (MOC) 12 March 2015
In compliance with article 19 and 52 of the Law on Marks, Trade Names and Acts of Unfair Competition, and 27 (3) of Sub-Decree on the Implementation on Marks, Trade Names and Acts of Unfair Competition, the public and all owners of marks are informed by the Ministry of Commerce that application for recordal in recognizing license contracts or franchise contracts shall be done at the Ministry of Commerce as in the attached application forms. Applicant shall be required to enclose the application for original license contract or franchise contract along with a Khmer translation version that has been certified by a legal agent of the mark’s owner or by a professional translator unit recognized by the Ministry of Commerce.
Cambodia Accession to Madrid Protocol for International Registration of Mark (Source: Press Release of Department of Intellectual Property (DIP) of the MOC: Depositing the “Instrument of Accession to the Madrid Protocol for International Registration of Mark” of 05/03/2015 and the Madrid Convention on IP registration website: http://www.wipo.int/madrid/en/news/2015/news_0002.html).
The Kingdom of Cambodia deposited the instrument of accession to the Madrid Protocol for International Registration of Mark at the World Intellectual Property Organization (“WIPO”), in Geneva, Switzerland on 5 March 2015. The Protocol will enter into force on 5 June 2015. As a result of this accession, Cambodia became the 95th member of the Madrid System and the fourth member of the Association of Southeast Asian Nations (“ASEAN”) after the Philippines’ accession on 25 April 2012, Singapore’s accession on 31 July 2000, and Vietnam’s accession on 11 April 2006. The Madrid Protocol refers to a treaty that provides for the international registration of trademarks (including service marks). Filing a single application (called “International Application”) in one language, in order to obtain a single registration (called “International Registration”), provides protection for mark(s) in the territory of any contracting parties. What are the benefits of the accession to the Madrid Protocol for International Registration of Mark?
- it simplifies the process of multinational trademark registration by reducing the application requirement by filing a single application at the intellectual property office (“Single Office”) covering each country in which protection is sought;
- it also simplifies the subsequent management of the mark, since it is possible to record further changes subsequent to registration, such as a change in the name or address of the holder, or a change (total or partial) in ownership or a limitation of the list of goods and services may be recorded with effect for several designated contracting parties through a single simple procedural step and the payment of a single fee; and
- there is only one expiry date and only one registration to renew the registration through a single procedural step.
It will be interesting to see how the current trademark registration system in Cambodia will be adjusted after the entry into force of the Madrid Protocol.
NOTIFICATION ON LEGAL NORMS LETTERS DEVELOPED BY THE MINISTRY OF LAND MANAGEMENT, URBAN PLANNING AND CONSTRUCTION, Notification (MLMUPC), 26 February 2015
The Royal Government has introduced/issued several laws and legal standard letters related to the construction sector. To effectively implement the laws and legal norms letters in force, the Ministry of Land Management, Urban Planning and Construction informs the public about the construction requirement as follows: (1) any construction shall be required to obtain a construction permit and authorization to open a construction site; (2) construction owner must rent/hire any construction companies or construction builder team which have been properly registered with an insurance certificate for the construction site; and (3) authorities of all sections and levels must cooperate and monitor all construction sites to be carried out in accordance with the applicable laws and legal standard letters.
NOTIFICATION TO COMPANIES-ENTERPRISES THAT USE BLUEPRINT DESIGNS FOR CONSTRUCTIONS, TO CONSTRUCTION BUILDING TEAMS ON STRENGTHENING AND MANAGING CONSTRUCTION OF ALL TYPES OF BUILDINGS, Notification № 004 (MLMUPC), 27 February 2015
In accordance with applicable laws and legal standard letters related to the construction sector, the Ministry of Land Management, Urban Planning and Construction informs companies-enterprises utilizing blueprint designs for construction, and all construction building teams which are operating a business in the Kingdom of Cambodia as follows: (1) all companies-enterprises studying blueprint design and construction must have a certificate for conducting business of blueprint design and construction issued by the Ministry of Land Management, Urban Planning and Construction, and have insurance responsible for construction site as stated in article 2 of the Inter-ministerial Prakas № 655, dated 16 October 2002; (2) all construction building teams are required to have a certificate for operating a business issued by the municipal-provincial departments of land management, urban planning, construction and land; (3) must respect and implement in accordance with laws and legal standard letters, technical standard of blueprint design and construction relating to the management of construction sector with professional conscience and high responsibility on quality, safety, beauty and environment; (4) not to be responsible for any construction without having a construction permit and a permit for opening the construction site; (5) must regularly provide training regarding work safety to workers and staff on the construction site; and (6) must make a report to relevant authority of the municipal, Khan-district office of land management, urban planning, construction and land about risks that may occur and be caused by the construction activities affecting safety, security and public order.
ANNOUNCEMENT ON APPLICATION FOR TAX SERVICE AGENT LICENSE, Notification № 1726 (GDT) 12 March 2015
In compliance with the Law on Taxation and Prakas № 455 SHV.BrK, dated 12 April 2013, of the Ministry of Economy and Finance regarding the tax service agent, the General Department of Taxation informs all companies with category of tax service agents wishing to conduct business as tax service agents can apply for tax service agent license in accordance with the following procedures: (a) application for license of physical person and
(b) application for license of legal person or pass-through which detail the required documents in this notification.
ANNOUNCEMENT ON SITUATION OF TRANS-COUNTRY ADOPTION IN CAMBODIA, Announcement (MSAVYR), 2 March 2015
The central authority for trans-country adoption of the Kingdom of Cambodia informs both the national and international public regarding trans-country adoption as follows: (i) the law on trans-country adoption of the Kingdom of Cambodia entered into effect on 3 December 2009 in compliance with the Constitution of the Kingdom of Cambodia in article 48 and in compliance with the Hague Convention on Protection of Children and Cooperation relating to inter-country adoption which has been ratified on 1 August 2007 as well as two additional protocols of the Convention on Child’s Rights which has been ratified on 30 May 2002; (ii) the legal standard letters which have been developed are: (1) domestic adoption procedure and (2) case management standard and family reunion for integration of children who are living in the state center and a NGO center; and (iii) based on the abovementioned mechanism, the central authority for trans-country adoption of the Kingdom of Cambodia has started to welcome countries wishing to engage in trans-country adoption with Cambodia through the bilateral agreement on the determination of number of agents and permission to have a proper registered adoption office in the country partners can apply for authorization to operate the trans-country adoption agent in the Kingdom of Cambodia. Cambodia will commence the trans-country adoption process with countries that have entered into a bilateral agreement with the Kingdom of Cambodia for children having no parents or guardians.
SAFETY FOR PREPARATION OF FILLING STATION, Circular № 465 (MME), 25 November 2014
This Circular aims to set out characteristics and a technical safety system for preparation of petroleum stations in the Kingdom of Cambodia to ensure basic safety. The Circular 456 provides for technical specifications (supported by specific drawings) for the installation and/or operation of the following: (1) the location of the petroleum station; (2) the setup of a petroleum station (including the setup of the office building, petroleum pumping areas and systems, underground petroleum storage tanks and entrance of the petrol stations); (3) the petroleum storage tank; (4) the air system; (5) the petroleum pumping system; (6) the petroleum pump station stand; (7) the installation of the petroleum pumps; (8) the fire station; (9) the information and warning boards; (10) the fire extinguishing system; and (11) the waste filtering system. The Circular further specifies that the safety requirements for petroleum stations as noted above shall comply with national standards (if any). In the absence of any applicable national standards, the standards used shall be at the minimum equivalent to international or ASEAN standards.
PROCEDURE AND FORM OF WORKER REGISTRATION AT NATIONAL SOCIAL SECURITY FUND, Guideline № 69/15 (NSSF), 29 January 2015
The National Social Security Fund (“NSSF”) issued new guidelines reiterating the new procedure in relation to the registration of its members as provided under the Prakas № 285 dated 18 November 2014 on the Registration of the Enterprises and the Employees with the NSSF. According to the guideline № 69/15, dated 29 January 2015, the members of the NSSF will receive new membership identification cards. The existing enterprises that were already registered and the enterprises beginning a new registration with the NSSF will need to complete certain formalities to procure the new identification number for its employees.
MAINTENANCE OF LABORFORCE AND PREVENTION OF OCCUPATIONAL ACCIDENTS RELATING TO OVERTIME USE BY EMPLOYER, Announcement № 030/15 (MOLVT), 27 February 2015
This announcement aims to inform the owners and directors of the enterprises or establishments as stated in article 1 of the Labor Law, in which the Labor Ministry has noted that there are some owners and directors of enterprises or establishments requiring workers to work excessive overtime, undermining the health of workers and causing frequent occupational accidents. In order to retain sustainability of the workforce and to prevent occupational accidents the Ministry of Labor and Vocational Training remind owners or directors of the enterprises or establishments to implement the following: (1) With respect to having jobs requiring workers to work excessive overtime other than normal working hours, the owner or director of company-establishment is required to have permission from the Ministry of Labor and Vocational Training; (2) the overtime work is on a volunteer-basis; (3) workers are not permitted to work overtime exceeding the amount determined by the Ministry of Labor and Vocational Training even though the workers have volunteered for such work.
ORGANIZATION AND FUNCTIONING OF LABOR MARKET INFORMATION DEPARTMENT, Prakas № 062/15 (MOLVT), 23 February 2015
This Prakas aims to inform the creation of the department of labor market information under the general department of training education of technique and profession. The organization and functioning of the labor market information department is detailed in the Prakas.