In this issue we present Cambodian regulations and information touching on the following:
- Promulgation of the 2013 financial management law
- Provision of public service of the Council for the Development of Cambodia
- Provision of public service of the Ministry of Commerce
- Provision of public service of entities under the supervision of the Ministry of Economy and Finance
- Implementation of Advance Ruling on goods classification in accordance with the customs tariff related to origin of goods and value of tax base
- Promulgation of the Law on Approval on the ASEAN Multilateral Agreement on the Full Liberalization of Passenger Air Services including two protocols
- Financial Management System of Municipal-District Administration
- Adjustment to Articles 2, 5 and 7 of the Royal Decree № NS/RKT/1204/048, dated 4 December 2004, on the Establishment of Rural Electrification Fund of the Kingdom of Cambodia, and the new Article 4 of the Royal Decree № NS/RKT/0108/064, dated 28 January 2008, on the Amendment to Article 4 of the Royal Decree № NS/RKT/1204/048, dated 4 December 2004, on the Establishment of Rural Electrification Fund of the Kingdom of Cambodia
- Organization and Functioning of Secretariat General of the National Committee for Management and Development of Cambodia Beach Areas
- Organization and Functioning of the Green Development National Council
- Establishment of Cambodia Food Reserve System
- Promulgation of the Law on Approval to allow the Kingdom of Cambodia to enter as a party of the UN Convention on the Rights of Persons with disabilities
FINANCE 2013
PROMULGATION OF THE LAW ON FINANCIAL MANAGEMENT FOR THE YEAR 2013, Royal Kram # NS/RKM/1212/010 (Royal Palace), 26 December 2012
This Royal Kram promulgates the Law on Financial Management for the year 2013. For the 2013 Financial Management, the Royal Government shall be allowed to borrow the amount of SDR 600 million. The Minister of Economy and Finance, with approval from the National Bank of Cambodia, will be permitted to issue KHR 100 billion in treasury bonds to address an urgent need for cash. The terms and conditions of the bond sales will be determined by standard legal letters. The Electricité du Cambodge shall be authorized to borrow the amount of KHR 121,500 million for the 2013 financial management from the Royal Government. For the financial management of 2013, the Royal Government is allowed to issue bonds in order to fulfill/supplement the capital to the life insurance company “Cambodia Life” and the Cambodian Reinsurance Company “Cambodia Re” in the amount of KHR 22,080 million. Article 40 of the 1995 Financial Management Law, promulgated by the Royal Kram № 11 N.S.94, dated 31 December 1994, is amended as provided in detail in Articles 12 and 13 of the Law on 2013 Financial Management.
PROVISION OF PUBLIC SERVICE OF THE COUNCIL FOR THE DEVELOPMENT OF CAMBODIA, Joint Prakas #991 SHV-BrK (MEF), 28 December 2012
This Joint Prakas aims to authorize the Council for the Development of Cambodia to implement the revenue collection received from public service fees for the benefit of the national budget. The price of public services, duration of service provision and its validity based on the type of each public service is stated in the annex table attached to this Joint Prakas. All revenue collections received from the public services as stated in the annex table attached to this Prakas shall be required to use the payment receipt provided by the Ministry of Economy and Finance (MEF) in accordance with Prakas № 272 SHV.BrK, dated 17 March 2011, on Implementation of payment receipt and the Instructional Circular № 005 SHV, dated 17 March 2011, on Payment Receipt Management of the MEF.
PROVISION OF PUBLIC SERVICE OF THE MINISTRY OF COMMERCE, Joint Prakas #985 SHV-BrK (MEF), 28 December 2012
This Joint Prakas authorizes the Ministry of Commerce to carry out the revenue collection from public service fees for the benefit of the national budget. The price of public services, duration of service provision and its validity based on the type of each public service is stated in the annex table attached to this Joint Prakas. The Ministry shall prepare a place for receiving claims/complaints which may eventually occur, particularly in cases related to wrong implementation from the service standard or taking fees exceeding the determined fee table or service being delayed.
PROVISION OF PUBLIC SERVICE OF ENTITIES UNDER THE SUPERVISION OF THE MINISTRY OF ECONOMY AND FINANCE, Joint Prakas #970 SHV-BrK (MEF), 27 December 2012
It is decided to authorize the Ministry of Economy and Finance (General Department of Customs and Excise of Cambodia, General Department of Taxation, Department of Financial Industry, and Department of Public Procurement) to carry out the revenue collection received from public service fees for the benefit of national budget. The Ministry of Economy and Finance shall determine a specific location and have permanent officials working as a “one stop service” office in order to provide services to customers in a timely manner. The series of public services as stated in the annex table attached to this Prakas can be amended as needed through Prakas.
TAXATION 2013
IMPLEMENTATION OF ADVANCE RULING ON THE GOODS CLASSIFICATION IN ACCORDANCE WITH CUSTOMS TARIFF RELATED TO ORIGIN OF GOODS AND CUSTOMS VALUE, Prakas #002 (MEF), 4 January 2013
It is decided to implement the Advance Ruling on the goods classification based on the customs tariff, the origin of goods and customs value for the purpose of promoting the trade arrangement in accordance with provisions in Article 1 of the Law on Customs and in order to ensure the customs declaration is declared properly and in line with the provisions in Article 18 of the Customs Law in force.
TREATIES 2013
PROMULGATION OF THE LAW ON APPROVAL ON ASEAN MULTILATERAL AGREEMENT ON THE FULL LIBERALISATION OF PASSENGER AIR SERVICES, Royal Kram № NS/RKM/1212/012 (Royal Palace), 26 December 2012
This Royal Kram promulgates the Law on Approval on the ASEAN Multilateral Agreement on the Full Liberalization of Passenger Air Services including two protocols. The purposes of this Agreement are: (i) to recognize that efficient and competitive international air services are important to develop trade, benefit consumers, and promote economic growth; (ii) to facilitate and enhance air service and their related activities, to complement the other transport facilitation and liberalization efforts in ASEAN; (iii) to reaffirm the collective commitment to build the ASEAN Single Aviation Market by 2015; (iv) to be party to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, to adhere to the principles and provisions of the aforesaid Convention; and (v) to conclude an ASEAN Multilateral Agreement on the Full Liberalization of Passenger Air Services.
The Royal Government of the Kingdom of Cambodia shall continue all procedures in order to implement Agreements, protocols and the Memorandum of Understanding.
FINANCE 2012
FINANCIAL MANAGEMENT SYSTEM OF MUNICIPAL-DISTRICT ADMINISTRATION, Sub-Decree #172 (RGC), 9 October 2012
This Sub-Decree aims to ensure the management of budgets, finance and property of municipal-district administrations in an accountable, transparent and effective manner in order
to achieve the establishment, promotion and to make sustainable development in a democratic form and to perform duties which have been assigned and delegated. The goal of this Sub-Decree is to determine the financial management system of municipalities-districts in accordance with Article 52 of the Law on Financial Regime and State Property Management of the Sub-National Administration. This Sub-Decree shall have the scope to apply to all municipality-district administrations at the sub-national administration of the Kingdom of Cambodia. The municipal-district financial management system shall be developed based on the basic principles of the Law on Public Procurement. The municipal-district financial management system shall include: (1) preparation and implementation of budgets; (2) accounting system; (3) financial statement/reports; (4) property; and (5) account audit and operation audits. The Sangkat council under the municipality shall be subject to the control and management of the municipal council.
UTILITIES 2012
AMENDMENT TO ARTICLES 2, 5 AND 7 OF ROYAL DECREE # NS/RKT/1204/048, DATED 4 DECEMBER 2004, ON ESTABLISHMENT OF RURAL ELECTRIFICATION FUND OF THE KINGDOM OF CAMBODIA AND NEW ARTICLE 4 OF ROYAL DECREE # NS/RKT/0108/064, DATED 28 JANUARY 2008, ON AMENDMENT TO ARTICLE 4 OF ROYAL DECREE # NS/RKT/1204/048, DATED 4 DECEMBER 2004, ON ESTABLISHMENT OF RURAL ELECTRIFICATION FUND OF THE KINGDOM OF CAMBODIA, Royal Decree # NS/RKT/0812/734 (Royal Palace), 22 August 2012
It is decided to amend that the Rural Electrification Fund (REF) shall be subject to the supervision of the Electricity of Cambodia. The REF shall have social characteristics and a separate account. The REF shall be managed and led in accordance with the statutes of Cambodia Electricity. The fund source of REF shall be available from (i) a social budget package which is planned in the list of electricity sale prices of Cambodia Electricity, and other donations of Cambodia Electricity, if any; (ii) donations and grants of which the source and the conditions for providing such shall be approved by the Ministry of Industry, Mines and Energy, and the Ministry of Economy and Finance; and (iii) the budget from the Royal Government. The Article 7 of the Royal Decree # NS/RKT/1204/048, dated 4 December 2004, on the Establishment of Rural Electrification Fund of the Kingdom of Cambodia shall be deemed abrogated.
ENVIRONMENT 2012
ORGANIZATION AND FUNCTIONING OF THE SECRETARIAT GENERAL OF THE NATIONAL COMMITTEE FOR MANAGEMENT AND DEVELOPMENT OF CAMBODIA BEACH AREAS, Sub-Decree #171 (RGC), 8 October 2012
This Sub-Decree aims to determine the organization and functioning of the general secretariat of the national committee for management and development of Cambodia Beach Areas. The roles and duties of the General Secretariat of the National Committee for Management and Development of Cambodia Beach Areas are detailed in Article 2 of this Sub-Decree.
ORGANIZATION AND FUNCTIONING OF GREEN DEVELOPMENT NATIONAL COUNCIL, Royal Decree # NS/RKT/1012/925 (Royal Palace), 10 October 2012
This Royal Decree aims to establish a National Council for Green Development (NCGD) in order to promote green economic development, public health, environmental quality, quality of life for people, and maintenance of national cultural identification based on the four basic ideals, namely economy, environment, society and culture in the Kingdom of Cambodia. This Council is under the honorary chairman of the Prime Minister of the Kingdom of Cambodia, and led by the Minister of Environment.
AGRICULTURE 2012
ESTABLISHMENT OF CAMBODIA FOOD RESERVE SYSTEM, Sub-Decree #145 (RGC), 12 September 2012
This Sub-Decree aims to establish the Cambodia Food Reserve System in order to help people who are victimized by disaster or emergency in a timely manner.
TREATIES 2012
PROMULGATION OF THE LAW ON APPROVAL TO ALLOW THE KINGDOM OF CAMBODIA TO ENTER AS A PARTY TO THE UN CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES, Royal Kram # NS/RKM/0912/007 (Royal Palace), 20 September 2012
This Royal Kram promulgates the Law on Approval to allow the Kingdom of Cambodia to enter as a party of the UN Convention on the rights of people with disabilities. This Convention establishes a set of general principles related to non-discrimination, equality of opportunity, equality between men and women. These general principles establish the basis upon which the Convention seeks to address the specific needs of persons with disabilities.
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