In this Issue:
- LAND AND PROPERTY
- CRIMINAL LAW AND PROCEDURE
- PRIVATIZATION/STATE PROPERTY
Welcome to this edition of DFDL MEKONG’S Cambodia Law Update. In this issue we present Cambodian regulations and information touching on the following:
- Adjustment to Articles 8 and 10 of Prakas № 109 KB/BrK, dated 16 June 2008, on Allowances for Working Risk
- Paid Holidays for the year 2012 by the Ministry of Labor and Vocational Training
- Postponement of recruitment, training and sending of housework assistant female laborers to work in Malaysia
- Amendment to Article 1 of the Royal Decree № NS/RKT/1008/1106, dated 9 October 2008, on Amendment to Article 1 of the Royal Decree NS/RKT/0206/097, dated 26 February 2006, on the Establishment of National Authority for Solving Land Disputes
- Creation of Public Debt Management Committee
- Creation of a joint commission for addressing issues of addictive drugs located at Cambodian-Laos borders
- Determination of management zone in the natural protected zone to the sustainable use zone
ADJUSTMENT TO ARTICLES 8 AND 10 OF PRAKAS #109 KB/BRK, DATED 16 JUNE 2008, ON ALLOWANCES FOR WORKING RISK, Prakas #233 (MoLVT), 7 November 2011
This Prakas aims to adjust Article 8 and Article 10 of Prakas № 109 KB/BrK, dated 16 June 2008, on Allowances for Working Risk. A worker or employee who has suffered from a workplace injury or disability (resulting in the permanent inability to work at less than 20% of capacity and the inability to work at 20% or more than 20% of their working capacity) shall be entitled to receive allowances for their inability to work. The payment method for such allowances is detailed in this Prakas. Where the workplace injury results in death, the allowance of 4 million riel shall be provided to a person who is directly responsible for managing the cremation of the victim.
PAID HOLIDAYS FOR THE YEAR 2012 BY THE MINISTRY OF LABOR AND VOCATIONAL TRAINING Prakas #228 (MoLVT), 28 October 2011.
Paid holidays for the year 2012 for employees of all enterprises and establishments as provided in Article 1 of the Labor Law shall be as follows:
One day-off: International New Year (Jan 1), Victory over Genocide (Jan 7), Meak Bochea Day (Feb 7), International Women’s Day (March 8), Labor Day (May 1), Visak Bochea Day (May 5), Royal Plowing Day (May 9), International Children’s Day and Cambodian Children’s Day (June 1), Queen’s Birthday (June 18), Constitution Day (Sept 24), Coronation Day of the King Norodom Sihamoni (Oct 29), Former King’s Birthday Norodom Sihanouk (Oct 31), Independence Day (Nov 9) and Human Rights Day (Dec 10);
Three days-off: National New Year (April 13-14-15), King’s Birthday Norodom Sihamoni (May 13-14-15), Pchum Ben Day (Oct 14-15-16), and Water Festival (Nov 27-28-29).
Any enterprise/establishment where the public holiday is falling on weekend holiday which is Sunday, the public holiday shall be taken on following workday as the substitution. In accordance with Article 147 of the Labor Law, all employees are eligible to have every Sunday off.
POSTPONEMENT OF RECRUITMENT, TRAINING AND SENDING OF HOUSEWIFE ASSISTANT FEMALE LABORER TO WORK IN MALAYSIA, Circular #11 (RGC), 15 October 2011
This Circular aims to inform ministries, institutions, competent authorities and private recruitment agencies that the process of recruitment, training and sending of housewife assistant female laborers to work in Malaysia shall be temporarily postponed/stopped.
LAND AND PROPERTY 2011
AMENDMENT TO ARTICLE 1 OF THE ROYAL DECREE #NS/RKT/1008/1106, DATED 9 OCTOBER 2008, ON AMENDMENT TO ARTICLE 1 OF THE ROYAL DECREE #NS/RKT/0206/097, DATED 26 FEBRUARY 2006, ON THE ESTABLISHMENT OF NATIONAL AUTHORITY FOR ADDRESSING LAND DISPUTES, Royal Decree #NS/RKT/1011/941 (Royal Palace), 28 October 2011
It is decided to amend Article 1 of the Royal Decree #NS/RKT/1008/1106, dated 9 October 2008, on Amendment to Article 1 of the Royal Decree #NS/RKT/0206/097, dated 26 February 2006, on the Establishment of National Authority for Addressing Land Disputes. The National Authority for Addressing Land Disputes shall be led by the Representative of the Prime Minister and assisted by the Minister of Land Management, Urban Planning and Construction, and members from different government ministries-institutions.
CREATION OF PUBLIC DEBT MANAGEMENT COMMITTEE, Decision #57 (RGC), 18 October 2011
This Decision aims to create a Public Debt Management Committee, which shall be composed of H.E. Keat Chhon, Deputy Prime Minister, Minister of Economy and Finance, and H.E. Chea Chanto, Governor of the National Bank of Cambodia, and certain members from the Ministry of Economy and Finance, and the National Bank of Cambodia.
CRIMINAL LAW AND PROCEDURE 2011
CREATION OF A JOINT COMMISSION FOR SOLVING ISSUES OF ADDICTIVE DRUGS AT PROVINCES CLOSE TO CAMBODIAN-LAOS BORDERS, Decision #56 (RGC), 13 October 2011
It is decided to create a Joint Commission for Solving Issues of Addictive Drugs at provinces adjacent to the borders of Cambodia-Laos. This Commission shall be chaired by H.E. General Teng Savong, Secretary of State of the Ministry of Interior, H.E. Meach Sam Ean, Secretary of State of the Ministry of Justice, and H.E Chhum Socheat, Under-Secretary of State of the Ministry of National Defense.
PRIVATIZATION/STATE PROPERTY 2011
DETERMINATION OF MANAGEMENT ZONE IN THE NATURAL PROTECTED ZONE IN THE SUSTAINABLE USE ZONE, Sub-Decree #258 (RGC), 8 November 2011
It is decided to determine the management zone located in the Kulen Promtep Wildlife Sanctuary of 7,472 hectares in Siem Reap province to be provided to Excel Caster Plantation Co., Ltd for investment and development on the sector of agro-industrial crops and rubber plantation.