2011 05 September

Legal & Regulatory updates in Cambodia

#Cambodia #Legal & Regulatory updates

Back

In this Month’s Issue:

  • TAXATION
  • LABOR
  • INTELLECTUAL PROPERTY
  • TREATIES
  • FINANCE
  • CIVIL LAW AND PROCEDURES
  • QUALITY STANDARD

n TAXATION 2011

implementation of tax collection on real estate, Notification #006 (MEF), 18 May 2011

This Notification aims to inform owners of real estate that the tax on real estate was promulgated by the Royal Kram NS/RKM/1209/026, dated December 16 2009. The tax collection on real estate for 2011 shall be collected from the date of notice until September 30 2011. This annual tax shall be determined on real estate which is located in the administrative geography of the capital and municipalities in provinces for the benefit of the sub-national administration budget (capital, provinces-municipalities, districts-Khans, communes-Sangkats) to be used for local development. The procedure for registration and payment of tax on real estate is detailed in this Prakas.

n LABOR 2011

sanitation at the construction site, Prakas #075 (MoLVT), 30 March 2011.

This Prakas intends to instruct employers of construction companies and responsible persons of the construction sites to comply with the following points: (a) to ensure the legality of the construction site is compliant with the Labor Law; and (b) to ensure the sanitation and safety conditions are fulfilled for the workers at construction sites.

n INTELLECTUAL PROPERTY 2011

REGISTRATION FOR DRAWING OF INTEGRATED CIRCUITS, Prakas #273 (MIME), 16 March 2011.

This Prakas signed by the Minister of Industry, Mines and Energy shall be deemed as an order for registration for drawing of integrated circuits within the Kingdom of Cambodia in order to protect the intellectual property of the creator of the invented work as depicted in the drawing of the integrated circuits. The Department of Industrial Ownership, which is the Department in charge of registration, shall have the duty to review the application form for registration of the integrated circuits drawing, to register the drawing and to manage the registration in an effective manner.

For the full text see Cambodian Law Update 9 June 2011

n TREATIES 2011

PROMULGATION OF THE LAW ON APPROVAL ON SECOND PROTOCOL TO AMEND THE AGREEMENT ON TRADE IN GOODS OF THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION BETWEEN ASEAN AND THE PEOPLE’S REPUBLIC OF CHINA, Royal Kram # NS/RKM/0511/008 (Royal Palace), 31 May 2011.

This Royal Kram promulgates the Law on Approval on Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between the ASEAN and the People’s Republic of China. The Trade in Goods Agreement (TIG Agreement) was signed on 29 November 2004 and the Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China signed on 8 December 2006. It is recognized that the need to update the Operational Certification Procedures for the Rules of Origin for the ASEAN-China Free Trade Area (“ACFTA”) to make it more trade facilitative and to encourage greater utilization of the ACFTA.

n FINANCE 2011

DETERMINATION OF SERVICE FEES FOR ESTABLISHMENT AND PROCESS OF FACTORies AND HANDICRAFTs, AND THE TRANSITIONAL FINES IN BREACH OF LAW ON THE MANAGEMENT OF FACTORies AND HANDICRAFTs, Inter-Ministerial Prakas #380 (MEF &MIME), 27 May 2011.

This Inter-Ministerial Prakas aims to determine fees of service regarding the establishment and process of factories and handicrafts, and to impose fines in breach of the Law on Management of Factories and Handicrafts. The service fees shall be determined for registering handicrafts, granting Prakas (declaration) on Establishment of Factories and Handicrafts, and for issuing certificates of operation for factories and handicrafts, and the permit for extending production, changing location, owner and name of factories and handicrafts. The service fees are classified into four categories based on the capital of the factories and handicrafts. Pursuant to Chapter 6 of the Law on Management of Factories and Handicrafts, the transitional fines shall be subject to the competence of the Ministry of Industry, Mines and Energy. The Service fees for the registration, declaration and permits related to factories and handicrafts are detailed in the table attached to this Prakas.

n LABOR 2011

provision of information at the construction site, Prakas #077 (MoLVT), 30 March 2011.

This Prakas intends to instruct employers of construction companies and responsible persons of construction sites to comply with the following points: (a) to ensure the Labor Inspector and Medical Labor Inspector get accurate information about the construction site; (b) to ensure the legality of construction site is in compliant with the Labor Law; and (c) to ensure all construction sites have an Information Board.

For the full text see Cambodian Weekly Law Update 16 June 2011

n CIVIL LAWS AND PROCEDURES 2011

PROMULGATION OF THE LAW ON THE ENFORCEMENT OF CIVIL CODE, Royal Kram # NS/RKM/0511/007 (Royal Palace), 31 May 2011.

This Royal Kram promulgates the Law on the Enforcement of Civil Code, which has been adopted by the National Assembly on 6 April 2011 and by the Senate on 9 May 2011.

n FINANCE 2011

IMPLEMENTATION OF oPERATING RULES OF SECURITIES DEPOSITORY, Prakas #002/11 (SECC), 3 May 2011.

This Prakas intends to determine necessary terms and conditions for depository and transfer of securities within the securities depository of the securities market of Cambodia …

n QUALITY/STANDARD 2011

DETERMINATION OF SERVICE FEES FOR GRANTING CERTIFICATEs OF certified SYSTEM, LICENSEs FOR the use of CAMBODIA STANDARD MARKs, LICENSE for the use of PRODUCT REGISTRATION marks, LETTERs OF ITEM CERTIFICATION AND/OR STANDARD FOR USING CHEMICAL SUBSTANCEs IN THE INDUSTRIAL SECTOR, Inter-Ministerial Prakas # 379 (MEF & MIME), 27 May 2011.

This Prakas intends to inform the service fees related to issuance of certificates of certified systems, licenses for the use of Cambodia standard marks, licenses for the use of product registration marks, letters of item certification and/or standard for using chemical substances.

n LABOR 2011

proclamation of stock of materials, waste DISPOSAL and cleanness at construction sites, Prakas #078 (MoLVT), 30 March 2011.

This Prakas intends to instruct employers of construction companies and responsible persons of the construction sites to comply with the following points: (a) to ensure the legality of the construction site is compliant with the Labor Law; and (b) to ensure the hygiene and safety conditions are fulfilled for the workers at construction sites.

For the full text see Cambodian Weekly Law Update 23 June 2011