2017 05 January

Cambodia investment update for for December 2016

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HEALTH

MANAGEMENT OF HEALTH PROFESSION PRACTITIONERS, Royal Kram NS/RKM/1116/014 on Promulgation of the Law on the Management of Health Profession Practitioners, dated 19 November 2016

Covering all health profession practitioners (“Health Profession Practitioners”) in Cambodia, the Law on the Management of Health Profession Practitioners (“Law”) is intended to protect the health and safety of people by providing mechanism to guarantee that all Health Profession Practitioners have sufficient qualification, ability and aptitude in practicing their profession.

Under the Law, health professionals (“Health Professionals”) are defined as physicians, dentists, midwives, nurses, pharmacists, medical laboratory technicians, physiotherapies, dental nurses, sciences technicians and other health professionals who have registered with the relevant health profession councils (“Councils”). When a Health Professional holds the required license to practice a relevant health profession (“License”), they is referred to as a Health Profession Practitioner.

This Law requires all individuals (including foreigners) who wish to practice a health profession to register in the relevant Councils and then obtain a License from such Councils. Procedures regarding application for License will be determined in detail by the Councils. Further, the Law states that registration as members with the relevant Councils alone is not sufficient to practice a health profession. Registrations of Health Professionals with relevant Councils prior to the Law coming into force remain valid, and all Health Professionals, including those previously registered, must submit applications for Licenses within 12 months after this Law enters into force.

This Law also provides conditions concerning the aptitude of Health Profession Practitioners, sanctions and compliance procedures concerning the practice of health professions. Particularly, the sanctions for malpractice in health professions include, among other things, warnings, temporary suspension of Licenses, revocation of Licenses, and removal from the membership list of the relevant Councils. Penalties applicable to the practice of health professions includes imprisonment and/or monetary fines. For instance, an individual who is not a Health Professional but practices a health profession is subject to imprisonment from six months up to two years and a fine from KHR 5,000,000 (approximately USD 1,250) up to KHR 10,000,000 (USD 2,500), whereas a Health Professional who practices a health profession without a License is subject to imprisonment from one month up to one year and a fine from KHR 2,000,000 (approximately USD 500) up to KHR 5,000,000 (USD 1,250).

It is important to note that the Law appears to give considerable power to the relevant Councils as it requires that any judgment or procedures of a court or any other competent authority in relation to the conduct of Health Profession Practitioners must involve the relevant Councils.

INTERNATIONAL TRADE

SPECIAL PREFERENTIAL IMPORT DUTY ON RICE AND TOBACCO LEAVES, Arrangement on Bilateral Trade Enhancement Between The Royal Government of Cambodia and The Government of Vietnam, Dated 26 October 2016
Cambodia and Vietnam entered into an arrangement on 26 October 2016, with reference to the previously executed bilateral trade enhancement agreement of 2013, whereby certain types of rice originating in Cambodia and exported to Vietnam are to receive special preferential import duty of 0%, subject to annual quota of 300,000 metric tons, and certain tobacco leaves originating in Cambodia and exported to Vietnam are likewise granted special preferential import duty of 0%, subject to annual quota of 3,000 metric tons.

ENVIRONMENT

RELEASE OF LIQUID WASTE BY FACTORIES, Notification No. 161, of the Ministry of Environment, dated 12 September 2016 

Regarding release of liquid waste by factories, enterprises and handicraft workshops, the Ministry of Environment issued this notification which aims to impose on such entities requirements to implement the following measures:

  1. Establish properly a treatment tank for liquid in accordance with the technical standards;
  2. Improve and correct existing treatment tanks pursuant to the technical standards;
  3. Enterprises that have treatment tanks must operate them regularly and must respond to the standards of release;
  4. Liquid wastes that have been treated must be released through a separate sewer from public water sources;
  5. The release of liquid wastes after being treated must have advance permission from the Ministry of Environment; and
  6. Polluters who fail to comply with these measures may receive an interim fine or/and must be responsible before the law according to the scope of their violation.

DFDL contact:
Alex Larkin
Senior Consultant
alex.larkin@dfdl.com

*The information provided is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations