Development

Development in Cambodia

law on creation of political parties ខែធ្នូ 2, 2009

Filed under: ប្រព័ន្ធ​រដ្ឋបាល​កណ្តាល — vuthdevelop @ 6:28 ល្ងាច

    KRAM DATED OCTOBER 28, 1997

    ON THE POLITICAL PARTIES

    N° CS / RKM / 1197 / 07

    We,

    Preah Bat Samdech Preah Norodom Sihanouk,

    King of the Kingdom of Cambodia

    • having seen the Constitution of the Kingdom of Cambodia.

    • having seen the kret dated 1 November 1993, on the appointment of Royal Government of Cambodia.

    • having seen the kram n° 2 ns-94, dated 20 July 1994, on the organization and functioning of the Council of Ministers.

    • having seen the kret n° ns-roy. decr-1094-90, dated 31 October 1994, on modification of composition of Royal Government of Cambodia.

    • having seen the kret n° ch-s-roy..decr- 0897-147, dated 7 August 1997, on modification of composition of the Royal Government of Cambodia.

    • having seen the kram no ns-roy. .decr-0196-08, dated 24 January 1996, on establishment of the Ministry of Interior.

    • upon proposal of H.E. the First Prime Minister and Samdech 2nd Prime Minister and, of the co-Ministers of Interior.

        hereby promulgate

        the law on creation of political parties adopted on 28th October 1997 by National Assembly during the 8th session of its first legislative term, which whole content is as follows:

        CHAPTER I

        GENERAL PROVISIONS

        Article 1:

        The purpose of this law is to provide for rules governing the creation, registration and activities of political parties in the Kingdom of Cambodia.

        Article 2:

        A political party is a group of persons who share same ideas and wills and who voluntarily join together through a contract creating a permanent and autonomous organization with a view to participate in the national political life in accordance with liberal and pluralist democracy regime through free and fair elections in accordance with Constitution of Kingdom of Cambodia and relevant in force laws.

        Article 3:

        Any Political party shall establish its head office in Phnom Penh or in a provincial town or municipality of Kingdom of Cambodia.

        Article 4:

        Any political parties shall be equally entitled to the same rights and prerogatives and shall receive equal treatment from Royal Government and authorities of all levels.

        Article 5:

        Joining a political party is a personal and free choice of any Khmer citizen. None shall have the right to force any Cambodian to join any political party.

        None shall be deprived of his civil, political and professional rights because of his membership or non-membership of a legally established political party.

        Article 6:

        No political party shall undertake any of the following activities:

        1. creating a secession jeopardizing national unity and territorial integrity of Kingdom of Cambodia;

        2. carrying on subversion against liberal and multiparty democratic regime by using violence to seize power;

        3. setting up armed forces.

            Article 7:

            No political party shall be subordinated to any foreign political party or any foreign government or be placed under their command

            Article 8:

            Registration of political parties shall fall within the competence of the Ministry of Interior.

            CHAPTER II

            ESTABLISHMENT OF POLITICAL PARTIES

            Article 9:

            A group of 80 Khmer citizens, being at least 18 years of age and having a permanent residence in Kingdom of Cambodia, may create a political party, only by notifying it in writing to the Ministry of Interior.

            Within a period of fifteen days, Ministry of Interior shall acknowledge in writing receipt of this notification. After expiration of this period it shall be assumed that the notification has been received by Ministry of Interior.

            To be granted legal recognition, the establishing political party shall elect a provisional committee composed of at least 7 members aged 25 years or over, in order to prepare formalities and fulfill conditions for party’s registration in accordance with Chapter V of this Law.

            During this period, even if it has not yet obtained legal recognition, a political party may fix an escutcheon at its headquarters office.

            Article l0:

            Every political party shall draft in writing its Statutes and political lines, which shall include at least the following important points:

            a- for the statutes:

            1. full name, acronym and logo of the party;

            2. party’s head office address;

            3. date of creation of the political party. This date shall not coincide with a national or international holiday.

            4. rules governing adhesion and exclusion of members;

            5. rights and duties of members;

            6. organizational structure of the party at national and local levels;

            7. competence of the political party’s organs;

            8. appointment and dismissal procedures of the members of the party’s executive committee

            9. schedule of ordinary sessions of the bodies of the political party;

            10. quorum conditions required for meetings of the political party bodies;

            11. finances and assets of the political party;

            12. rules governing the dissolution of the political party and liquidation of its assets in case of dissolution;

            13. rules governing the amendments of the Party’s statutes;

                b- The political objectives and important political program shall state goals and aims of the political party.

                Article 11:

                Any political party shall have a name and a logo following indications hereinafter:

                1. political parties full names, acronyms and logos must be different from one to each other party;

                2. name of a newly established political party shall not be given by making a slight rectification of a name of another political party;

                3. logo of a political party shall not copy or imitate a national symbol or symbolize religion, an Angkor Wat temple or any Royal picture or statues of Khmer Kings.

                    CHAPTER III

                    MEMBERSHIP

                    Article 12:

                    Any Khmer aged at least 18 years enjoying his civic rights may join a political party.

                    Article 13:

                    Membership of a political party shall be done on a voluntary basis.

                    A member of a political party may resign at any time from a party, without being required to explain the reasons.

                    Article 14:

                    Members of a political party have equal statutory rights and obligations.

                    Article 15:

                    A Khmer citizen may not join more than one political party at a time. Where a person joined several parties, only the latest membership shall be considered as valid.

                    Clergymen, civil servants from judicial order, members of Royal Cambodian Armed Forces and National Police Forces may join political parties but shall refrain to engage in any activity in support or in opposition to any political party. A political party shall not settle an organizational structure within religious institutions, Royal Cambodian Armed Forces and National Police Forces.

                    Article 16:

                    A member of a political party shall loose his capacity of member in one of the following cases:

                    1. if he resigned or relinquished his activities within the political party;

                    2. if he is dismissed from the political party in accordance with statutes of the concerned political party.

                        CHAPTER IV

                        BODIES OF POLITICAL PARTIES

                        Article 17:

                        Leading bodies of each political party shall at least consist of:

                        1. A General Assembly or a Congress or an equivalent body;

                        2. A National Council or a Central committee or an equivalent body;

                        3. An Executive Committee or a Permanent Committee or an equivalent body;

                        4. An Arbitration Committee or a Control Committee or a Dispute Resolution Committee or an equivalent body;

                            Names of these political parties leading bodies at all levels may vary according to the statutes of each political party.

                            Article 18 :

                            Mandate, missions, organization and functioning of each political party’s leading bodies mentioned at the article 17 of this law and all other bodies of the political party shall be defined in its statutes or internal rules.

                            CHAPTER V

                            REGISTRATION OF POLITICAL PARTIES

                            Article 19:

                            To be granted legal recognition in accordance with paragraph 2 of article 9 of this law, a political party must apply for its registration and must have at least 4,000 members from several Khets and Khrungs.

                            Article 20:

                            The political party shall provide the following documents:

                            1. an application for registration signed by the President of the political party;

                            2. full name, acronym and symbol of the political party;

                            3. address of political party’s Head Office;

                            4. two specimen of the original of the Statutes of the political party;

                            5. internal Rules of the political party, if any;

                            6. party’s fundamental policies and political programs;

                            7. written statement of the political party, committing its respect to Constitution, Law on Political Parties and other in force provisions, principles of liberal multiparty democracy and human rights;

                            8. a list of names of four thousand members with their ages, addresses, thumb prints, membership card numbers and political party membership dates;

                            9. a personal data sheet of the President or of at least 3 founding members, of one copy each and with a (4×6) photo by person;

                            10. a Statement of party’s bank account in a bank of Kingdom of Cambodia recognized by the National Bank of Cambodia;

                            11. the receipt for payment of party’s registration fees. The fees amount for the above registration shall be determined by an interministerial prakas of Ministry of Interior and Ministry of Economy and Finance.

                                Article 21:

                                The Ministry of Interior shall issue an acknowledgment of receipt of registration application to a political party which complies with all requirements of article 20 of this law.

                                Article 22:

                                The Ministry of Interior shall verify the content of all documents of the political party after the delivery of the acknowledgment of receipt mentioned in the article 21 of this law.

                                The Ministry of Interior shall accept or refuse the registration of the political party within a period not exceeding thirty days.

                                Article 23:

                                If the Ministry of Interior finds that a party file is duly filled and is in accordance with Constitution, law on political parties and other in force laws, it shall notify in writing the concerned political party that it has been registered, attaching a specimen of party’s statutes bearing the registration date of the political party with the signature and seal of the minister of Interior.

                                Article 24:

                                If the Ministry of Interior finds that a party file is not duly filled and not in accordance with the Constitution, the law on political parties and other in force laws, it shall notify in writing the concerned political party. The last said shall provide missing documents raised by the notification of the Ministry of Interior within a period not exceeding fifteen days from the date of reception of the notification. After this period of fifteen days, the Ministry of Interior shall notify in writing the concerned political party that its registration has been refused.

                                Article 25:

                                A political party which has been notified by the Ministry of Interior that its registration has been refused, as provided by article 24 of this law, shall be entitled to lodge an appeal to the Constitutional Council.

                                The Constitutional Council shall dispose of the appeal within 30 days of the reception of the appeal of concerned political party.

                                If the Constitutional Council decides that documents provided by the political party meet the requirements, Ministry of Interior shall immediately register the party in accordance with article 23 of this law.

                                Article 26:

                                A registered political party may change its name, modify its fundamental policies and political programs or amend its statutes. In such a case, political party shall notify in writing the Ministry of Interior, enclosing the new elements. In particular, the change of the President of the political party shall be notified in writing to the Ministry of Interior, enclosing a personal data sheet of the new President with a 4×6 photo attached.

                                CHAPTER VI

                                POLITICAL PARTIES INCOMING

                                Article 27:

                                Political parties’ incoming shall come from:

                                1. Members’ contributions or levies;

                                2. Miscellaneous incomes deriving from lawful business activities of the party;

                                3. State budget funds as provided by article 28 of this law;

                                4. Donations from Khmer private enterprises or Khmer individual donators;

                                5. Political party’s own assets.

                                    Article 28:

                                    State may provide all political parties with equal amount subsidies from national budget, solely to refund electoral campaign expenses for the election of the members of the National Assembly.

                                    A political party which did not obtain 3% of valid ballot papers or which failed to obtain one seat in the National Assembly shall fully reimburse the said State subsidies within three months of the proclamation of the election results.

                                    Article 29:

                                    It is prohibited for a Political parties to receive contributions in any form from State institutions, associations, non-governmental organizations, public enterprises, public institutes, or foreign corporations, except in the case stipulated in article 28 of this law.

                                    CHAPTER VII

                                    RECORDS AND AUDITS

                                    Article 30:

                                    Accounting reports and documents shall be kept for at least seven years and may be submitted to audit in accordance with party’s statutes or internal rules or upon decision of a competent court or institution.

                                    Article 31:

                                    Registered political parties shall submit a report to the Ministry of Interior and to the Ministry of Economy and Finance before 31st of December of each year. The report shall be signed by the political party’s President and Treasurer.

                                    This report shall have the following content:

                                    1. a report on main activities of the Political Party;

                                    2. a balance sheet showing yearly income and expenses by nature. This balance sheet shall be prepared by the political party’s accountant;

                                    3. a statement of the political party’s bank accounts;

                                    4. A balance sheet of all party’s assets including properties, trade income and liabilities.

                                        Article 32:

                                        The Ministry of Economic and Finance shall be responsible for verifying the financial statements specified in paragraphs 2, 3, and 4 of the article 31 of this law.

                                        CHAPTER VIII

                                        DISSOLUTION, MERGING AND ALLIANCE OF POLITICAL PARTIES

                                        Article 33:

                                        A political party may dissolve itself by decision of its General Assembly in accordance with its statutes, after having cleared out all its debts and liquidated all its assets. It shall immediately notify in writing the Ministry of Interior, so that its name can be cleared from the list of political parties.

                                        Article 34:

                                        No authority may dissolve a political party, unless the said party has been declared dissolved by judgment of a competent court.

                                        Article 35:

                                        Assets of a political party that has been declared dissolved in pursuance of article 33 of this law shall be liquidated by a decision of the General Assembly.

                                        Article 36:

                                        A political party may declare its merging with another party in accordance with its statutes. If the statute does not provide for the merging, the General Assembly shall make a decision.

                                        The Ministry of Interior shall delete from the political party list the name of the political party which declared its merging, after having received notification of this merging.

                                        Article 37:

                                        Political parties may freely form a bilateral or multilateral alliance in accordance with the decision each concerned party.

                                        CHAPTER IX

                                        PENALTIES

                                        Article 38:

                                        Shall be subject to a fine penalty of three million riels any political party that violates the article 31 of this Law.

                                        In case of repeated offenses, the fine shall be doubled and a temporary suspension of activities may be ordered.

                                        Article 39 :

                                        Shall be subject to a fine penalty from three million to five million riels any political party that violates the articles 7 and 29 of this law.

                                        In case of repeated offense, the fine shall be doubled and a temporary suspension of activities may be ordered.

                                        Article 40:

                                        Shall be subject to a fine penalty of one million riels any person who violates article 5 or the 2nd paragraph of article 15 of this law.

                                        Article 41:

                                        Shall be subject to a fine penalty from one million to five million riels and/or to between one month to one year of imprisonment any person who:

                                        1. continued to administer or manage a political party whose registration on the list if political parties has been refused by Ministry of Interior;

                                        2. continues to administer or manage a political party which has been declared dissolved by a court;

                                        3. administers or manages the political party without having applied for registration within eighteen month from the date the election of the provisional committee as provided by article 9 of this law; or

                                        4. keeps a party head office open after a final decision of a court ordering dissolution or suspension of activities of the political party.

                                            Article 42:

                                            Any person who violates provisions of article 6 of this law shall be subject to penalties in accordance with in force penal law.

                                            CHAPTER X

                                            TRANSITIONAL PROVISIONS

                                            Article 43:

                                            After the enforcement of this law, all political parties registered in the political parties list in accordance with 1993 UNTAC provisions shall, within 90 days, transmit to the Ministry of Interior the documents specified in article 20 of this law, except subparagraph 11.

                                            After this deadline, they shall be considered as having renounced to their registration.

                                            CHAPTER XI

                                            FINAL PROVISIONS

                                            Article 44:

                                            Any provision that is in conflict with the provisions of this law, shall be void.

                                            Article 45:

                                            This law shall be immediately promulgated.

                                            Made in Phnom Penh the 18th November 1997

                                            The Acting Chief Of State

                                            Chea Sim

                                            First Prime Minister

                                            Ung Huot

                                            Second Prime Minister

                                            Hun Sen

                                            The Co-Ministers of Interior

                                            Sar Kheng

                                            You Hockry

                                           

                                          Constitution ខែធ្នូ 1, 2009

                                          Filed under: ប្រព័ន្ធ​រដ្ឋបាល​កណ្តាល — vuthdevelop @ 9:38 ព្រឹក

                                          CONSTITUTION

                                          DATED SEPTEMBER 24, 1993

                                          Preamble

                                          We, the People of Cambodia,

                                          Having known a grand civilization of a prosperous, powerful, and glorious nation whose prestige radiates like a diamond,

                                          Having endured sufferings and destruction and having experienced a tragic decline in the course of the two decades,

                                          awakened, stood up with a resolute determination to strengthen the national unity, to preserve and defend Cambodia’s territory and its precious sovereignty and the prestige of Angkor civilization, and to restore Cambodia into an "Island of Peace" based on a multi-party liberal democratic regime guaranteeing human rights and the respect of law, and responsible for the destiny of the nation always evolving toward progress, development, prosperity, and glory,

                                          with this resolute will

                                          We inscribe the following as the Constitution of the Kingdom of Cambodia:

                                          CHAPTER I:

                                          SOVEREIGNTY

                                          Article 1:

                                          Cambodia is a Kingdom with a King who shall rule according to the Constitution and to the principles of liberal democracy and pluralism.

                                          The Kingdom of Cambodia shall be independent, sovereign, peaceful, permanently neutral and non-aligned country.

                                          Article 2:

                                          The territorial integrity of the Kingdom of Cambodia, shall absolutely not to be violated within its borders as defined in the 1/100,000 scale map made between the year 1933-1953 and internationally recognized between the years 1963 – 1969.

                                          Article 3:

                                          The Kingdom of Cambodia is an indivisible state.

                                          Article 4:

                                          The motto of the Kingdom of Cambodia is: "Nation, Religion, King".

                                          Article 5:

                                          The official language and script are Khmer.

                                          Article 6:

                                          Phnom Penh is the capital of the Kingdom of Cambodia.

                                          The national flag, anthem and coat-of-arms shall be defined in Annexes I, II and III

                                          CHAPTER II:

                                          THE KING

                                          Article 7:

                                          The King of Cambodia shall reign but shall not govern.

                                          The King shall be the Head of State for life. The King shall be inviolable.

                                          Article 8:

                                          The King of Cambodia shall be a symbol of unity and eternity of the nation.

                                          The King shall be guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia the protector of rights and freedom for all citizens and the guarantor of international treaties.

                                          Article 9:

                                          The King shall assume the august role of arbitrator to ensure the faithful execution of public powers.

                                          Article 10:

                                          The Cambodian monarchy shall be an appointed regime.

                                          Article 11:

                                          If the King cannot perform his normal duties as Head of State due to His serious illness, as certified by doctors chosen by the Chairman of the National Assembly and the Prime Minister, the Chairman of the National Assembly shall perform the duties of Head of State as "regent".

                                          Article 12:

                                          In case of the death of the king, the Chairman of the National Assembly shall take over the responsibility as Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.

                                          Article 13:

                                          Within a period of not more than seven days, the new King of the Kingdom of Cambodia shall be chosen by the Royal Council of the throne.

                                          The Royal Council of the Throne shall consist of:

                                          • Chairman of the National Assembly
                                          • Prime Minister
                                          • Samdech the Chiefs of the Orders of Mohanikay and Thammayut
                                          • The First and Second Vice-Chairman of the National Assembly

                                          The organization and functioning of the Council of the Throne shall be determined by law.

                                          Article 14:

                                          The King of Cambodia shall be a member of the Royal family, of at least 30 years old, descending from the bloodline of King Ang Duong, King Norodom or King Sisowath.

                                          Upon enthronement, the King shall take the oath of allegiance as stipulated in Annex IV.

                                          Article 15:

                                          The wife of the reigning King shall have the royal title of Queen of Cambodia.

                                          Article 16:

                                          The Queen of the Kingdom of Cambodia shall not have the right to engage in politics, to assume the role of Head of State or Head of Government, or to assume other administrative or political roles.

                                          The Queen of the Kingdom of Cambodia shall exercise activities that serve the social, humanitarian, religious interests, and shall assist the King with protocol and diplomatic functions.

                                          Article 17:

                                          The provision as stated in the first clause of Article 7, "the King of Cambodia shall reign but shall not govern", absolutely shall not be amended.

                                          Article 18:

                                          The King shall communicate with the assembly by Royal messages. These Royal messages shall not be subjected to discussion by the National Assembly.

                                          Article 19:

                                          The King shall appoint the Prime Minister and the Council of Ministers according to the procedures stipulated in Article 100.

                                          Article 20:

                                          The King shall grant an audience twice a month to the Prime Minister and the Council of Ministers to hear their reports on the State of the Nation.

                                          Article 21:

                                          Upon Proposals by the Council of Ministers, the King shall sign Kret appointing, transferring or ending the mission of high civil and military officials, ambassadors and Envoys Extraordinary and Plenipotentiary.

                                          Upon proposals by the Supreme Council of Magistracy, the King shall sign krets appointing, transferring or removing judges.

                                          Article 22:

                                          When the nation faces danger, the King shall make a proclamation to the people putting the country in state of emergency after agreement with the Prime Minister and the Chairman of the National Assembly.

                                          Article 23:

                                          The King is the Supreme Commander of the Royal Khmer Armed Forces. The Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Armed Forces.

                                          Article 24:

                                          The King shall serve as chairman of the Supreme Council of National Defense to be established by law.

                                          The King shall declare war after approval of the National Assembly.

                                          Article 25:

                                          The King shall receive letters of credentials from ambassador or envoys extraordinary and plenipotentiary of foreign countries accredited to the Kingdom of Cambodia.

                                          Article 26:

                                          The King shall sign and ratify international treaties and conventions after a vote of approval by the National Assembly.

                                          Article 27:

                                          The King shall have the right to grant partial or complete amnesty.

                                          Article 28:

                                          The King shall sign the law promulgating the Constitution, krams adopted by the National Assembly, and sign krets presented by the Council of Minister.

                                          Article 29:

                                          The King shall establish and confer national medals proposed by the Council of Ministers. The King shall confer civil and military ranks as determined by law.

                                          Article 30:

                                          In the absence of the King, the President of the National Assembly shall assume the duty as acting Head of State.

                                          CHAPTER III:

                                          THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS

                                          Article 31:

                                          The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human rights, the covenants and conventions related to human rights, women’s and children’s rights.

                                          Every Khmer citizens shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status.

                                          The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and freedom shall be in accordance with the law.

                                          Article 32:

                                          Every Khmer citizen shall have the right to life, personal freedom, and security.

                                          There shall be no capital punishment.

                                          Article 33:

                                          Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is a mutual agreement on extradition.

                                          Khmer citizens residing abroad enjoy the protection of the State.

                                          The Khmer nationality shall be determined by law.

                                          Article 34:

                                          Citizens of either sex shall enjoy the right to vote and to stand as candidates for the election.

                                          Citizens of either sex of at least eighteen years old, have the right to vote. Citizens of either sex of at least 25 years old, have the right to stand as candidates for the election.

                                          Provisions restricting the right to vote and to stand for the election shall be defined in the Electoral law.

                                          Article 35:

                                          Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation.

                                          Any suggestions from the people shall be given full consideration by the grant of the State.

                                          Article 36:

                                          Khmer citizens of either sex shall enjoy the right to choose any employment according their ability and to the needs of the society.

                                          Khmer citizens of either sex shall receive equal pay for equal work.

                                          The work by housewives in the home shall have the same value as what they can receive when working outside the home.

                                          Every Khmer citizen shall have the right to obtain social security and other social benefits as determined by law.

                                          Khmer citizens of either sex shall have the right to form and to be member of trade unions.

                                          The organization and conduct of trade unions shall be determined by law.

                                          Article 37:

                                          The right to strike and to non-violent demonstration shall be implemented in the framework of a law.

                                          Article 38:

                                          The law guarantees there shall be no physical abuse against any individual.

                                          The law shall protect life, honor, and dignity of the citizens.

                                          The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.

                                          Coercion, physical ill treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.

                                          Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.

                                          Any case of doubt, it shall be resolved in favor of the accused.

                                          The accused shall be considered innocent until the court has judged finally on the case.

                                          Every citizen shall enjoy the right to defense through judicial recourse.

                                          Article 39:

                                          Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by state and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall be the competence of the courts.

                                          Article 40:

                                          Citizens’ freedom to travel, far and near, and legal settlement shall be respected.

                                          Khmer citizens shall have the right to travel and settle abroad and return to the country.

                                          The rights to privacy of residence, and to the secrecy of correspondence by mail, telegram, fax, telex and telephone shall be guaranteed.

                                          Any search of the house, material and body shall be in accordance with the law.

                                          Article 41:

                                          Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to effect the good traditions of the society, to violate public law and order and national security.

                                          The regime of the media shall be determined by law.

                                          Article 42:

                                          Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law.

                                          Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order.

                                          Article 43:

                                          Khmer citizens of either sex shall have the right to freedom of belief.

                                          Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.

                                          Buddhism shall be the religion of the State.

                                          Article 44:

                                          All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land.

                                          Legal private ownership shall be protected by law.

                                          The right to confiscate properties from any person shall be exercised only in the public interest as provided for under the law and shall require fair and just compensation in advance.

                                          Article 45:

                                          All forms of discrimination against women shall be abolished.

                                          The exploitation of women in employment shall be prohibited.

                                          Men and women are equal in all fields especially with respect to marriage and family matters.

                                          Marriage shall be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife.

                                          Article 46:

                                          The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.

                                          A woman shall not lose her job because of pregnancy. Woman shall have the right to take maternity leave with full pay and with no loss of seniority or other social benefits.

                                          The state and society shall provide opportunities to women, especially to those living in rural areas without adequate social support, so they can get employment, medical care, and send their children to school, and to have decent living conditions.

                                          Article 47:

                                          Parents shall have the duty to take care of and educate their children to become good citizens.

                                          Children shall have the duty to take good care of their elderly mother and father according to Khmer traditions.

                                          Article 48:

                                          The State shall protect the rights of children as stipulated in the Convention on Children, in particular, the right to life, education, protection during wartime, and from economic or sexual exploitation.

                                          The State shall protect children from acts that are injurious to their educational opportunities, health and welfare.

                                          Article 49:

                                          Every Khmer citizen shall respect the Constitution and laws.

                                          All Khmer citizens shall have the duty to take part in the national reconstruction and to defend the homeland. The duty to defend the country shall be determined by law.

                                          Article 50:

                                          Khmer citizens of either sex shall respect the principles of national sovereignty, liberal multi-party democracy.

                                          Khmer citizens of either sex shall respect public and legally acquired private properties.

                                          CHAPTER IV:

                                          ON POLICY

                                          Article 51:

                                          The Kingdom of Cambodia adopts a policy of Liberal Democracy and Pluralism.

                                          The Cambodian people are the master of their own country.

                                          All powers belong to the people. The people exercise these powers through the National Assembly, the Royal Government and the Judiciary.

                                          The Legislative, Executive, and the Judicial powers shall be separate.

                                          Article 52:

                                          The Royal Government of Cambodia shall protect the independence, sovereignty, and territorial integrity of the Kingdom of Cambodia, adopt the policy of national reconciliation to insure national unity, and preserve the good national traditions of the country. The Royal Government of Cambodia shall preserve and protect the law and ensure public order and security. The State shall give priority to endeavors that improve the welfare and standard of living of citizens.

                                          Article 53:

                                          The Kingdom of Cambodia adopts a policy of permanent neutrality and non-alignment. The Kingdom of Cambodia follows a policy of peaceful co-existence with its neighbors and with all other countries throughout the world.

                                          The Kingdom of Cambodia shall not invade any country, nor interfere in any other country’s internal affairs, directly or indirectly, and shall solve any problems peacefully with due respect for mutual interests.

                                          The Kingdom of Cambodia shall not joint in any military alliance or military pact that is incompatible with its policy of neutrality.

                                          The Kingdom of Cambodia shall not permit any foreign military base on its territory and shall not have its own military base abroad, except within the framework of a United Nations request.

                                          The Kingdom of Cambodia reserves the right to receive foreign assistance in military equipment, armaments, ammunitions, in training of its armed forces, and other assistance for self-defense and to maintain public order and security within its territory.

                                          Article 54:

                                          The manufacturing, use and storage of nuclear, chemical or biological weapons shall be absolutely prohibited.

                                          Article 55:

                                          Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled.

                                          CHAPTER V:

                                          ECONOMY

                                          Article 56:

                                          The Kingdom of Cambodia shall adopt the market economy system. The preparation and process of this economic system shall be determined by the law.

                                          Article 57:

                                          Tax collection shall be in accordance with the law. The national budget shall be determined by law.

                                          Management of the monetary and financial system shall be defined by law.

                                          Article 58:

                                          State property notably comprises land, mineral resources, mountains, sea, underwater, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other facilities determined as State property.

                                          The control, use and management of State properties shall be determined by law.

                                          Article 59:

                                          The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind, geology, ecological system, mines, energy, petrol and gas, rocks and sand, gems, forests and forestry products, wildlife, fish and aquatic resources.

                                          Article 60:

                                          Khmer citizens shall have the right to sell their product. The obligation to sell products to the State, or the temporary use of private or State properties shall be prohibited unless authorized by law under special circumstances.

                                          Article 61:

                                          The State shall promote economic development in all sectors and remote areas, especially in agriculture, handicrafts, industry, with attention to policies of water, electricity, roads and means of transport, modern technology and a system of credit.

                                          Article 62:

                                          The State shall pay attention and help solve production matters, protect the price of products for farmers, crafters, and find marketplace for them to sell their products.

                                          Article 63:

                                          The State shall respect market management in order to guarantee a better standard of living for the people.

                                          Article 64:

                                          The State shall ban and severely punish those who import, manufacture sell illicit drugs, counterfeit and expired goods which affect the health and life of the consumers.

                                          CHAPTER VI:

                                          EDUCATION, CULTURE, SOCIAL AFFAIRS

                                          Article 65:

                                          The State shall protect and upgrade citizens’ rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens.

                                          The State shall respect physical education and sports for the welfare of all Khmer citizens.

                                          Article 66:

                                          The state shall establish a comprehensive and standardized educational system throughout the country that shall guarantee the principles of educational freedom and quality to ensure that all citizens have equal opportunity to earn a living.

                                          Article 67:

                                          The State shall adopt an educational program according to the principle of modern pedagogy including technology and foreign languages.

                                          The State shall control public and private schools and classrooms at all levels.

                                          Article 68:

                                          The State shall provide free primary and secondary education to all citizens in public schools.

                                          Citizens shall receive education for at least 9 years.

                                          The State shall disseminate and develop the Pali schools and the Buddhist Institute.

                                          Article 69:

                                          The State shall preserve and promote national culture.

                                          The State shall Protect and promote the Khmer language as required.

                                          The State shall preserve ancient monuments and artifacts and restore historic sites.

                                          Article 70:

                                          Any offense affecting cultural artistic heritage shall carry a severe punishment.

                                          Article 71:

                                          The perimeter of the national heritage sites as well as heritage that has been classified as world heritage, shall be considered neutral zones where there shall be no military activity.

                                          Article 72:

                                          The health of the people shall be guaranteed. The State shall give full consideration to disease prevention and medical treatment. Poor citizens shall receive free medical consultation in public hospitals, infirmaries and maternities.

                                          The State shall establish infirmaries and maternities in rural areas.

                                          Article 73:

                                          The State shall give full consideration to children and mothers. the State shall establish nurseries, and help support women and children who have inadequate support.

                                          Article 74:

                                          The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation.

                                          Article 75:

                                          The State shall establish a social security system for workers and employees.

                                          CHAPTER VII:

                                          THE NATIONAL ASSEMBLY

                                          Article 76:

                                          The National Assembly consists of at least 120 members.

                                          The deputies shall be elected by a free, universal, equal, direct and secret ballot.

                                          The deputies may be re-elected.

                                          Khmer citizens able to stand for election shall be the Khmer citizens of either sex who have the right to vote, at least 25 years of age, and who have Khmer nationality at birth.

                                          Preparation for the election, procedure and electoral process shall be determined by an Electoral Law.

                                          Article 77:

                                          The deputies in the National Assembly shall represent the entire Khmer people, not only Khmers from their constituencies.

                                          Any imperative mandate shall be nullified.

                                          Article 78:

                                          The legislative term of the National Assembly shall be 5 years and terminates on the day when the new National Assembly convenes.

                                          The National Assembly shall not be dissolved before the end of its term except when the Royal government is twice deposed within a period of twelve months. In this case, following a proposal from the Prime Minister and the approval of the Chairman of the National Assembly, the King shall dissolve the National Assembly.

                                          The election of a new National Assembly shall be held no later than 60 days from the date of dissolution. During this period, the Royal government shall only be empowered to conduct routine business.

                                          In time of war or other special circumstances where an election cannot be held, the National Assembly may extend its term for one year at a time, upon the request of the King.

                                          Such an extension shall require at least a two-third vote of the entire National Assembly.

                                          Article 79:

                                          The National Assembly mandate shall be incompatible with the holding of any active public function and of any membership in other institutions provided for in the Constitution, except when the assembly member(s) is (are) required to serve in the Royal Government.

                                          In this circumstance, the said assembly member (s) shall retain the usual assembly membership but shall not hold any position in the Permanent Standing Committee and in other assembly commissions.

                                          Article 80:

                                          The deputies shall enjoy parliamentary immunity.

                                          No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his (her) duties.

                                          The accusation, arrest, or detention of an assembly member shall be made only with the permission of the National Assembly or by the Standing Committee of the National Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the National Assembly or to the Standing Committee for decision.

                                          The decision made by the Standing Committee of the National Assembly shall be submitted to the National Assembly at its next session for approval by a 2/3-majority vote of the assembly members.

                                          In any case, detention or prosecution of a deputy shall be suspended by a 3/4-majority vote of the National Assembly members.

                                          Article 81:

                                          The National Assembly shall have an autonomous budget to conduct its function.

                                          The deputies shall have received remuneration.

                                          Article 82:

                                          The National Assembly shall hold its first session no later than sixty days after the election upon notice by the King.

                                          Before taking office, the National Assembly shall decide on the validity of each member’s mandate and vote separately to choose a Chairman, Vice-Chairmen and members of each Commission by a 2/3-majority vote.

                                          All National Assembly members must take oath before taking office according to the text contained in Annex 5.

                                          Article 83:

                                          The National Assembly shall hold its ordinary session twice a year.

                                          Each session shall last at least three months. If there is a proposal from the King or the Prime Minister or at least 1/3 of the National Assembly members, the National Assembly Standing Committee shall call an extraordinary session of the National Assembly.

                                          In this case, the agenda with the conditions of the extraordinary session shall be disseminated to the population as well as the date of the meeting.

                                          Article 84:

                                          Between the National Assembly sessions, the National Assembly Standing Committee shall manage the work of the National Assembly.

                                          The Permanent Standing Committee of the National Assembly consists of the Chairman of the National Assembly, the Vice-Chairmen, and the Chairmen of National Assembly Commissions.

                                          Article 85:

                                          The National Assembly sessions shall be held in the Royal Capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances.

                                          Except where so stipulated and unless held at the place and date as stipulated, any meeting of the National Assembly shall be considered as illegal and void.

                                          Article 86:

                                          If the country is in a state of emergency, the National Assembly shall meet every day continuously. The National Assembly has the right to terminate this state of emergency whenever the situation permits.

                                          If the National Assembly is not able to meet because of circumstances such as the occupation by foreign forces the declaration of the state of emergency must be automatically extended.

                                          During the state of emergency, the National Assembly shall not be dissolved.

                                          Article 87:

                                          The Chairman of the National Assembly shall chair the assembly session; receive draft bills and resolutions adopted by the National Assembly, ensure the implementation of the Internal Rules of Procedure and manage the assembly relations with foreign countries.

                                          If the Chairman is unable to perform his/her duties due to illness or to fulfill the function of Head of State as interim or as a Regent, or is on a mission abroad, a Vice-Chairman shall replace him.

                                          In case of resignation or death of the Chairman or the Vice-Chairman (men), the National Assembly shall elect a new Chairman or Vice-Chairman (men).

                                          Article 88:

                                          The National Assembly sessions shall be held in public.

                                          The National Assembly shall meet in closed session at the request of the Chairman or of at least 1/10 of its members, of the King or of the Prime Minister.

                                          The National Assembly meeting shall be considered as valid provided there is a quorum of 7/10 of all members.

                                          Article 89:

                                          Upon the request by at least 1/10 of its members the National Assembly shall invite a high-ranking official to clarify important special issues.

                                          Article 90:

                                          The National Assembly shall be the only organ to hold legislative power. This power shall not be transferable to any other organ or any individual.

                                          The National Assembly shall approve the national budget, State Plannings, loans, lendings and the creation, changes or annulment of tax.

                                          The National Assembly shall approve Administrative Accounts.

                                          The National Assembly shall approve the law on amnesty.

                                          The National Assembly shall approve or annul treaties or international convention.

                                          The National Assembly shall approve law on the declaration of war.

                                          The adoption of the above-mentioned clauses shall be decided by a simple majority of the entire assembly membership.

                                          The National Assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all members.

                                          Article 91:

                                          The deputies and the Prime Minister shall have the right to initiate legislation.

                                          The deputies shall have the right to propose any amendments to the laws, but the proposals shall be unacceptable if they aim at reducing public income or increasing the burden on the people.

                                          Article 92:

                                          Laws adopted by the National Assembly which run counter to the principles of preserving national independence, sovereignty, territorial integrity, and affect the political unity or the administration of the nation shall be annulled. The Constitutional Council is the only organ that shall decide upon this annulment.

                                          Article 93:

                                          Any law approved by the National Assembly and signed by the King for its promulgation shall go into effect in Phnom Penh 10 days after signing and throughout the country 20 days after its signing.

                                          Laws that are stipulated as urgent shall take effect immediately throughout the country after promulgation.

                                          All laws promulgated by the King shall be published in the Official Gazette and published throughout the country in accordance with the above schedule.

                                          Article 94:

                                          The National Assembly shall establish various necessary commissions. The organization and functioning of the National Assembly shall be determined by the Internal Rules of Procedure of the National Assembly.

                                          Article 95:

                                          In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement shall be appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law.

                                          Article 96:

                                          The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the Chairman of the National Assembly.

                                          The replies shall be given by one or several ministers depending on the matters related to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.

                                          The explanations by the ministers or by the Prime Minister shall be given verbally or in writing.

                                          The explanations shall be provided within 7 days after the day when the question is received.

                                          In case of verbal reply, the Chairman of the National Assembly shall decide whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister shall be considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time frame not exceeding one session.

                                          The National Assembly shall establish one day each week for questions and answers. There shall be no vote during any session reserved for this purpose.

                                          Article 97:

                                          The National Assembly commissions may invite any minister to clarify certain issues under his/her field of responsibility.

                                          Article 98:

                                          The National Assembly shall dismiss a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by 2/3 majority of the entire National Assembly.

                                          The motion of censure shall be proposed to the National Assembly by at least 30 assembly members in order for the entire National Assembly to decide.

                                          CHAPTER VIII:

                                          THE ROYAL GOVERNMENT

                                          Article 99:

                                          The Council of Ministers is the Royal Government of the Kingdom of Cambodia.

                                          The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers and by Senior Ministers, Ministers, and Secretaries of State as members.

                                          Article 100:

                                          At the recommendation of the Chairman and with the agreement of both the Vice-Chairmen of the National Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated representative along with other members chosen from the political parties or represented in the National Assembly, then present themselves to the National Assembly to ask for a vote of confidence.

                                          After the National Assembly has given its vote of confidence, the King shall issue a krets appointing the entire Council of Ministers.

                                          Before taking office, the Council of Ministers shall take an oath as stipulated in Annex 6.

                                          Article 101:

                                          The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service.

                                          Article 102:

                                          Members of the Royal Government shall be collectively responsible to the National Assembly for the overall policy of the Royal Government.

                                          Each member of the Royal Government shall be individually responsible to the Prime Minister and the National Assembly for his/her own conduct.

                                          Article 103:

                                          Members of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves from their responsibility.

                                          Article 104:

                                          The Council of Ministers shall meet every week in plenary session or in a working session.

                                          The Prime Minister shall chair the plenary sessions.

                                          The Prime Minister may assign a Deputy Prime Minister to preside over the working sessions.

                                          Minutes of the Council of Minister’s meetings shall be forwarded to the King for His information.

                                          Article 105:

                                          The Prime Minister shall have the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government.

                                          Article 106:

                                          If the post of Prime Minister is permanently vacant, a new Council of Ministers shall be appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister shall be provisionally appointed.

                                          Article 107:

                                          Each member of the Royal Government shall be punished for any crimes or misdemeanors that he/she has committed in the course of his/her duty.

                                          In such cases and when he/she has committed serious offenses in the course of his/her duty, the Assembly shall decide to file charges against him/her with the competent court.

                                          The assembly shall decide on such matters through a secret vote by a simple majority thereof.

                                          Article 108:

                                          The organization and functioning of the Council of Ministers shall be determined by law.

                                          CHAPTER IX:

                                          THE JUDICIARY

                                          Article 109:

                                          The Judicial power shall be an independent power

                                          The Judiciary shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens.

                                          The Judiciary shall cover all lawsuits including administrative ones.

                                          The authority of the Judiciary shall be granted to the Supreme Court and to the lower courts of all sectors and levels.

                                          Article 110:

                                          Trials shall be conducted in the name of Khmer citizens in accordance with the legal procedures and laws in force.

                                          Only judges shall have the right to adjudicate. A judge shall fulfill this duty with strict respect for the laws, wholeheartedly, and conscientiously.

                                          Article 111:

                                          Judicial power shall not be granted to the legislative or executive branches.

                                          Article 112:

                                          Only the Department of Public Prosecution shall have the right to file criminal suits.

                                          Article 113:

                                          The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter.

                                          Article 114:

                                          Judges shall not be dismissed. The Supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.

                                          Article 115:

                                          The Supreme Council of the Magistracy shall be created by a law that shall determine its composition and attributions

                                          The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy.

                                          The Supreme Council of the Magistracy shall make proposals to the King on the appointment of judges and prosecutors to all courts.

                                          The Supreme Council of Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against judges or prosecutors.

                                          Article 116:

                                          The statutes of judges and prosecutors and the functioning of the judiciary shall be defined in separate laws.

                                          CHAPTER X:

                                          THE CONSTITUTIONAL COUNCIL

                                          Article 117:

                                          The Constitutional Council shall have the duty to safeguard respect for the Constitution, and the laws passed by the National Assembly.

                                          The Constitutional Council shall have the right to examine and decide on contested cases involving the election of assembly members.

                                          Article 118:

                                          The Constitutional Council shall consist of nine members with a nine-year mandate. 1/3 of the members of the Council shall be replaced every three years. 3 members shall be appointed by the King, 3 members by the National Assembly and 3 others by the Supreme Council of the Magistracy.

                                          The Chairman shall be elected by the members of the Constitutional Council. He/she shall have a deciding vote in cases of equal vote.

                                          Article 119:

                                          Members of the Constitutional Council member shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience.

                                          Article 120:

                                          The function of a Constitutional Council member shall be incompatible with that of a member of the Royal Government, member of the National Assembly, Chairman or Vice-Chairman of a political party, President or Vice-President of a trade-union or in-post judges.

                                          Article 121:

                                          The King, the Prime Minister, the Chairman of the National Assembly, or 1/10 of the assembly members shall forward draft bills to the Constitutional Council for examination before their promulgation.

                                          The Rules of Procedure of the National Assembly and various organizational laws shall be forwarded to the Constitutional Council before their promulgation.

                                          The Constitutional Council shall decide within no more than thirty days whether the laws and the Internal Rules of Procedure are constitutional.

                                          Article 122:

                                          After a law is promulgated, the King, the Prime Minister, the Chairman of the National Assembly, 1/10 of the assembly members or the courts, may ask the Constitutional Council to examine the Constitutionality of that law.

                                          Citizens shall have the right to appeal against the constitutionality of laws through their representatives or the Chairman of the National Assembly as stipulated in the above paragraph.

                                          Article 123:

                                          Provisions in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented.

                                          The decision of the Constitutional Council is final.

                                          Article 124:

                                          The King shall consult with the Constitutional Council on all proposals to amend the Constitution.

                                          Article 125:

                                          An organic law shall specify the organization and operation of the Constitutional Council.

                                          CHAPTER XI:

                                          THE ADMINISTRATION

                                          Article 126:

                                          The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities.

                                          Provinces shall be divided into districts (srok) and districts into communes (khum).

                                          Municipalities shall be divided into Khan and Khan into Sangkat.

                                          Article 127:

                                          Provinces, municipalities, districts, khan, khum and sangkat shall be governed in accordance with organic law.

                                          CHAPTER XII:

                                          THE NATIONAL CONGRESS

                                          Article 128:

                                          The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve.

                                          Khmer citizens of both sexes shall have the right to participate in the National Congress.

                                          Article 129:

                                          The National Congress shall meet once a year in early December at the convocation of the Prime Minister.

                                          It shall proceed under the chairmanship of the King.

                                          Article 130:

                                          The National Congress shall adopt recommendations for consideration by State authorities and the National Assembly.

                                          The organization and operation of the National Congress shall be defined by a law.

                                          CHAPTER XIII:

                                          EFFECTS, REVISIONS AND AMENDMENTS OF THE CONSTITUTION

                                          Article 131:

                                          This Constitution shall be the Supreme law of the Kingdom of Cambodia.

                                          Laws and decisions by the State institutions shall have to be in strict conformity with the Constitution.

                                          Article 132:

                                          The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, the Chairman of the National Assembly at the suggestion of 1/4 of all the assembly members.

                                          Revision or amendments shall be enacted by a Constitutional law passed by the National Assembly with a 2/3-majority vote.

                                          Article 133:

                                          The revision or the amendment of the Constitution shall be forbidden when the Nation will be in a state of emergency as provided in article 86.

                                          Article 134:

                                          Revision or amendment affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall be prohibited.

                                          CHAPTER XIV:

                                          TRANSITIONAL PROVISIONS

                                          Article 135:

                                          This Constitution, after its adoption, shall be declared in force immediately by the Head of State of Cambodia.

                                          Article 136:

                                          After the entry into force of this Constitution, the Constituent Assembly shall become the National Assembly.

                                          The Internal Rules of Procedure of the National Assembly shall come into force after adoption by the National Assembly.

                                          In the case where the National Assembly is not yet functional, the Chairman, the First and Second Vice-Chairmen of the Constituent Assembly shall participate in the discharge of duties in the Council of the Throne if so required by the situation in the country.

                                          Article 137:

                                          After this Constitution takes effect, the King shall be selected in accordance with conditions stipulated in articles 13 and 14.

                                          Article 138:

                                          After this Constitution takes effect, and during the first legislature, the King of the Kingdom of Cambodia shall appoint a First Prime Minister and Second Prime Minister to form the Royal Government after securing the consent of the Chairman, the First and Second Vice-Chairmen of the Constituent Assembly.

                                          The Co-Chairmen existing before the adoption of this Constitution shall participate as members of the Committee and in the Council of the Throne as stipulated in articles 11 and 13 above.

                                          Article 139:

                                          Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, shall continue to be effective until altered or abrogated by new texts, except those provisions that are contrary to the spirit of this Constitution.

                                          This Constitution was adopted by the Constitutional Assembly in Phnom Penh on September 21, 1993 at its 2nd plenary session.

                                          Phnom Penh, September 21, 1993

                                          The President,

                                          Son San

                                           

                                          NS/KRM/0399/01

                                          KRAM

                                          dated 8 March 1999

                                          We

                                          ,

                                          Preah Bat Samdech Norodom Sihanouk,

                                          King of the Kingdom of Cambodia

                                          • Having seen the 1993 Constitution of the Kingdom of Cambodia;
                                          • Having approved the plenary session of the extraordinary session of the National Assembly from the 2, 3 and 4th of March 1999;
                                          • Pursuant to a proposal of the President of the National Assembly dated March 6, 1999

                                          HEREBY ORDER

                                          Article 1

                                          The promulgation of the amendments to Articles 11, 12, 13, 18, 22, 24, 26, 28, 30, 34, 51, 90, 91, 93 and other Articles from Chapter 8 through Chapter 14 of the constitution of the Kingdom of Cambodia which was promulgated by the National Assembly on the 4th of March 1999.

                                          Article 2

                                          This Kram shall enter into force from the date of signature herein.

                                          NORODOM Sihanouk

                                          Made on 8th March, 1999

                                          Constitutional Law

                                          Regarding

                                          The Amendments of Articles 11, 12, 13, 18, 22, 24, 26, 28, 30, 34, 51, 90, 91, 93 and

                                          Articles of Chapter 8 through Chapter 14 of the Constitution

                                          Only one Article

                                          Articles 11, 12, 13, 18, 22, 24, 26, 28, 30, 34, 51, 90, 91, 93 and Articles in Chapters 8 through Chapter 14 of the Constitution were amended as follows:

                                          Article 11 (new)

                                          When the King cannot perform his normal duties as Head of State due to his serious illness certified by doctors chosen by the President of the Senate, President of the National Assembly and the Prime Minister, the President of the Senate shall perform the duties of the Head of State in the capacity of Regent.

                                          If the President of the Senate is unable to perform the duties as Head of State in the capacity of Regent while the King is seriously ill as stipulated above, the President of the National Assembly shall perform the duties as Head of State.

                                          The position of Head of State in the capacity of Regent of the King may be replaced by a dignitary in the circumstances provided for in the above paragraph pursuant to the following hierarchical order:

                                          A/ The first Vice-President of the Senate

                                          B/ The first Vice-President of the National Assembly

                                          C/ The second Vice-President of the Senate

                                          D/ The second Vice-President of the National Assembly

                                          Article 12 (new)

                                          In the case of death of the King, the President of the Senate shall take over the responsibilities as Acting Head of State in the capacity of Regent of the Kingdom of Cambodia.

                                          If the President of the Senate is unable to perform the duties as Acting Head of State as a Regent, the paragraphs 2 and 3 of new Article 11-new shall be applied.

                                          Article 13 (new)

                                          Within a period of not more than seven days, the Council of the Royal Throne shall choose the new King of the Kingdom of Cambodia. The composition of the Council of the Royal Throne is as the following:

                                          • The President of the Senate;
                                          • The President of the National Assembly;
                                          • The Prime Minister;
                                          • Samdech the Chiefs of the Orders of the Mohanikay and Thamayut;
                                          • The first and second Vice-Presidents of the Senate; and
                                          • The first and second Vice-Presidents of the National Assembly.

                                          The organization and functioning of the Council of the Royal Throne shall be determined by the law.

                                          Article 18 (new)

                                          The King shall communicate with the National Assembly and the Senate through royal messages.

                                          These royal messages shall not be subject to discussion by the Senate or the National Assembly.

                                          Article 22 (new)

                                          When the nation faces danger, the King shall make a proclamation to the people putting the country in a state of emergency after the approval of the Prime Minister, President of the National Assembly, and the President of the Senate.

                                          Article 24 (new)

                                          The King shall serve as the Chairman of the supreme council of national defense to be established by the law.

                                          The King shall declare war after adoption by the National Assembly and the Senate.

                                          Article 26 (new)

                                          The King shall sign and ratify international treaties and conventions after a vote of approval by the National Assembly and the Senate.

                                          Article 28 (new)

                                          The King shall sign the law promulgating the Constitution, laws adopted by the National Assembly and laws completely reviewed by the Senate and shall sign the Kret (royal decree) presented by the Council of Ministers. When the King is seriously ill and hospitalized abroad, the King has the right to delegate the power of signing the above laws and Kret to the Acting Head of State through delegating writs.

                                          Article 30 (new)

                                          In the absence of the King, the President of the Senate shall assume the duties of Acting Head of State.

                                          If the President of the Senate is unable to perform his duties as Acting Head of State replacing the King due to his absence, the responsibilities as Acting Head of State shall be exercised in conformity with paragraph one and two of new Article 11.

                                          Article 34 (new)

                                          Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates in the election.

                                          Khmer citizens of either sex who are at least eighteen (18) years of age have the right to vote.

                                          Khmer citizens of either sex who are at least twenty-five (25) years of age have the right to stand as candidates for the elections.

                                          Khmer citizens of either sex who are at least forty (40) years of age have the rights to stand as candidates for the election of the Senators.

                                          Any provisions restricting the rights to vote and stand as candidates for the election shall be determined by law.

                                          Article 51 (new)

                                          The Kingdom of Cambodia adopts a policy of liberal democracy and pluralism.

                                          The Cambodian citizens are the masters of their country.

                                          All powers belong to the citizens. The citizens shall exercise these powers through the National Assembly, the Senate, the Government, and the Judiciary.

                                          The legislative, executive, and judicial powers shall be separate.

                                          Article 90 (new)

                                          The National Assembly is an organ, which has legislative power and performs it duties as provided for in the Constitution and the laws in force.

                                          The National Assembly shall approve the national budget, state planning, loans, financial contracts, and creation, modification, and annulment of taxes.

                                          The National Assembly shall approve the administrative accounts.

                                          The National Assembly shall adopt the law of general amnesty.

                                          The National Assembly shall adopt or repeal treaties or international conventions.

                                          The National Assembly shall adopt the law on the declaration of war.

                                          The adoption of the above-mentioned clauses shall be decided by an absolute majority vote of the entire National Assembly membership.

                                          The National Assembly shall pass the vote of confidence in the Royal Government with the two-third majority of its members.

                                          Article 91 (new)

                                          The members of the Senate, the members of the National Assembly, and the Prime Minister have the right to initiate legislation.

                                          The deputies shall have the right to propose any amendments to the laws, but the proposals shall be unacceptable if they aim at reducing public income or increasing the burden on the people.

                                          Article 93

                                          Any law approved by the National Assembly and finally reviewed by the Senate and signed by the King for its promulgation shall go into effect in Phnom Penh ten (10) days after the date of promulgation and throughout the country twenty (20) days after the date of promulgation.

                                          However, the Laws that are stipulated as urgent shall take effect immediately throughout the country after the date of promulgation.

                                          The laws promulgated by the King shall be published in the Government Gazette and disseminated throughout the country in accordance with the above schedule.

                                          CHAPTER VIII: The Senate

                                          Article 99 (new)

                                          The Senate is a body that has a legislative power and performs its duties as determined by the Constitution and laws in force.

                                          The number of the Senators shall not exceed half the number of the National Assembly members.

                                          Some senators shall be nominated and other shall be elected by a non-universal election.

                                          The senators may be re-nominated and reelected.

                                          The citizens who are eligible to be senate candidates are Khmer citizens of either sex who are eligible voters, at least forty (40) years of age and were Cambodian nationals at birth.

                                          Article 100 (new)

                                          The King shall nominate two senators.

                                          Two senators shall be elected by a majority vote of the National Assembly.

                                          The other senators shall be elected in a non-universal election.

                                          Article 101 (new)

                                          A separate law shall determine the organization and operating procedures concerning the nomination and election of senators and the determination of electors, election organization, and electoral constituencies.

                                          Article 102 (new)

                                          The term for the Senate shall be six (6) years and such term shall expire upon the new Senate being sworn in.

                                          When the election of senators cannot be conducted due to war and special circumstances, the Senate may continue its legislative term one-year at a time upon the proposal of the King.

                                          The declaration of continuity of its legislative term shall be decided by at least a two-third-majority vote of all senators.

                                          In the circumstances described above, the Senate shall conduct its meeting everyday. The Senate has the right to terminate the above situation if appropriate.

                                          If the Senate is unable to conduct its meetings for good reason such as invasion of foreign troops the proclamation of the state of emergency shall continue in effect automatically.

                                          Article 103 (new)

                                          The mandate of senators shall be incompatible with the holding of any public function, with the function of members of the National Assembly, and of any membership in other institutions provided for in the Constitution.

                                          Article 104 (new)

                                          Senators shall enjoy parliamentary immunity.

                                          No Senator shall be prosecuted, arrested, stopped, or detained because of opinions and statements expressed during the exercise of his/her duties. The accusation, arrest, stopping, or detention shall be made only if approved by the Senate or the Senate’s Standing Committee between the Senate’s meetings, except in the case of flagrant delicto. In that case, the relevant ministry shall immediately report to the Senate or to its Standing Committee for a decision.

                                          The decision of the Standing Committee of the Senate shall be submitted to the next Senate meeting for approval by a two-third-majority vote of all senators.

                                          In any case above, the detention or prosecution of any senator shall be suspended if there is an approval by a three-quarter-majority vote of all senators.

                                          Article 105 (new)

                                          The Senate shall have an autonomous budget to conduct its functions.

                                          The Senators shall receive remuneration.

                                          Article 106 (new)

                                          The Senate shall hold its first meeting no later than sixty (60) days after the election pursuant to a convening notice issued by the King.

                                          Before taking its office, the Senate shall declare the validity of each senator’s mandate and vote separately to select the president of the Senate, vice-president of the Senate, and members of each commission by a two-third-majority vote of all senators.

                                          All senators must take an oath before taking office in accordance with the provisions stated in annex 7 of the Constitution.

                                          Article 107 (new)

                                          The Senate shall conduct its ordinary sessions twice a year.

                                          Each session shall last at least three months. If there is a proposal from the King or Prime Minister or of at least one-third of the senators, the Senate shall convene an extraordinary session.

                                          Article 108 (new)

                                          Between the Senate session, the Standing Committee shall assume the functions of the Senate.

                                          The Standing Committee of the Senate consists of the president of the Senate, vice-president, and the chairmen of all Senate commissions.

                                          Article 109 (new)

                                          The Senate session shall be held in the capital of the Kingdom of Cambodia at the Senate’s meeting hall, unless it is stipulated otherwise in the summons, due to special circumstances.

                                          Any meeting of the Senate conducted at a location other than the location and date specified in the summons shall be considered illegal and void.

                                          Article 110 (new)

                                          The President of the Senate shall preside over the Senate’s session, receive draft bills and resolutions adopted by the Senate, ensure the implementation of the internal regulations, and manage the Senate’s international relations.

                                          If the President is unable to perform his duties due to illness or to fulfill the function as Acting Head of State as Regent, or is on a mission to abroad, one of the Vice-Presidents shall assume the responsibilities of the President.

                                          In the event of the resignation or death of the President or Vice-President, the Senate shall elect a new President or Vice-President.

                                          Article 111 (new)

                                          The Senate sessions shall be held in public.

                                          The Senate may meet in a closed-door session at the request of the President, of at least one-tenth of its members, of the King, of the Prime Minister, or of the President of the National Assembly.

                                          The Senate meeting shall be considered valid only if there is a quorum of seven-tenths of its members.

                                          The number of votes, which are required for National Assembly approval, as provided for in the Constitution shall also be applied to the Senate.

                                          Article 112 (new)

                                          The Senate is responsible for the coordination between the National Assembly and the Government.

                                          Article 113 (new)

                                          The Senate shall review and comment on draft laws or proposed laws that have been firstly adopted by the National Assembly and other matters submitted by the National Assembly no later than one month. In case of an emergency, such duration shall be reduced to five (5) days.

                                          If the Senate approves or fails to comment within the specified duration stipulated above, the law adopted by the National Assembly should be promulgated.

                                          If the Senate calls for modifications to those draft laws or proposed laws the National Assembly shall immediately take those draft laws and proposed laws for a second consideration. The National Assembly shall review and decide whether to reject all or part of those provisions or terms in the draft laws or proposed laws that the Senate called for modification.

                                          The exchange of the draft or proposed law between the Senate and the National Assembly shall be done only within one month. This duration shall be reduced to ten days in the case of the national budget and finance and the duration shall be reduced to only two days if it is an urgent matter.

                                          If the National Assembly withholds for longer than the specified duration or delays while reviewing the law the principle duration for the National Assembly and the Senate shall be extended so that the duration for both are equal.

                                          If the Senate rejects the draft law or proposed law, the National Assembly before a one-month duration may not review such draft or proposed law a second time. This duration shall be reduced to fifteen (15) days in the case of national budget and financial and to four (4) days if it is an urgent matter.

                                          During the examination of the draft and proposed laws a second time, the National Assembly shall adopt it by an open vote with an absolute majority.

                                          The draft or proposed laws adopted through the above procedure shall then be sent for promulgation.

                                          Article 114 (new)

                                          The Senate shall establish necessary commissions. The organization and functioning of the Senate shall be provided for in the internal regulations of the Senate. These internal regulations shall be approved by a two-third-majority vote of all senators.

                                          Article 115 (new)

                                          In the case of the death of a senator, resignation, or disqualification as a senate member, which should occur six months before the end of the Senate’s term, it should be preceded with his replacement in accordance with the Senate’s internal regulations and with the electoral law about the Senate.

                                          CHAPTER IX (NEW): The National Assembly and the Senate

                                          Article 116 (new)

                                          In the special case, the National Assembly and the Senate can assemble as a congress to resolve important national issues.

                                          Article 117 (new)

                                          Law shall determine the important national issues mentioned above in new Article 116 and the organization and functioning of the congress.

                                          CHAPTER X (NEW): THE ROYAL GOVERNMENT

                                          Article 118 – new (previously Article 99)

                                          The Council of Ministers is the Royal Government of Cambodia. The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers, and by State Ministers, Ministers, and State Secretaries as members

                                          Article 119 – new (previously Article 100)

                                          At the recommendation of the President and with the agreement of both vice-presidents of the National Assembly the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated representative along with other members chosen from the political parties represented in the National Assembly, then present themselves to the National Assembly to ask for a vote of confidence.

                                          After the National Assembly has given its vote of confidence, the King shall issue a Kret (royal decree) appointing the entire Council of Ministers.

                                          Before taking office, the Council of Ministers shall take an oath as stipulated in Annex 6 of the Constitution.

                                          Article 120 – new (previously Article 101)

                                          The functions of the members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service.

                                          Article 121- new (previously Article 102)

                                          The members of the Royal Government shall be collectively responsible to the National Assembly for the overall policy of the Royal Government.

                                          Each member of the Royal Government shall be individually responsible to the Prime Minister and the National Assembly for his/her own conduct.

                                          Article 122 – new (previously Article 103)

                                          Each member of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves from their responsibility.

                                          Article 123 – new (previously Article 104)

                                          The Council of Ministers shall meet every week in a plenary session or in a working session.

                                          The Prime Minister shall preside over the plenary session. The Prime Minister may assign the deputy Prime Minister to preside over the working sessions.

                                          All minutes of the Council of Ministers’ meetings shall be forwarded to the King for his information.

                                          Article 124 – new (previously Article 105)

                                          The Prime Minister shall have the rights to delegate his powers to the deputy Prime Minister or any member of the Royal Government.

                                          Article 125 – new (previously Article 106)

                                          If the post of Prime Minister is permanently vacant, the new Council of Ministers shall be appointed under the procedures stipulated in the Constitution. If the vacancy is temporary, the Acting Prime Minister shall be appointed for such temporary period.

                                          Article 126 – new

                                          (previously Article 107)

                                          Each member of the Royal Government shall be punished for any crimes or misdemeanors that he has committed in the course of his duty.

                                          In such cases and when he has committed serious offenses in the course of his duty, the National Assembly shall decide to file charges against him with a competent court.

                                          The National Assembly shall decide on such matters through a secret and majority vote thereof.

                                          Article 127- new

                                          (previously Article 108)

                                          Law shall determine the organization and functioning of the Council of Ministers.

                                          CHAPTER XI (NEW): The Judiciary

                                          Article 128 – new

                                          (previously Article 109)

                                          The judicial power shall be an independent power.

                                          The judiciary shall guarantee and uphold impartiality and protect the rights and freedoms of citizens.

                                          The judiciary shall have jurisdiction over all lawsuits, including administrative ones.

                                          The authority of the judiciary shall be granted to the Supreme Court and to the lower courts of all sectors and levels.

                                          Article 129 – new (previously Article 110)

                                          Trials shall be conducted in the name of Cambodian people in accordance with the legal procedures and laws in force.

                                          Only the judge shall have the rights to adjudicate. The judge shall fulfill his duty with strict respect for the laws, wholeheartedly, and conscientiously.

                                          Article 130 – new (previously Article 111)

                                          The judicial power shall not be granted to the legislative or executive branches.

                                          Article 131- new (previously Article 112)

                                          Only the Department of Public Prosecution shall have the rights to file criminal suits.

                                          Article 132 – new (previously Article 113)

                                          The King shall be the guarantor of the independence of the judiciary. The Supreme Council of the Magistracy shall assist the King in this matter.

                                          Article 133 – new (previously Article 114)

                                          Judges shall not be dismissed. However, the Supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.

                                          Article 134 – new

                                          (previously Article 115)

                                          The Supreme Council of the Magistracy shall be established by an organic law, which shall determine its composition and functions.

                                          The King shall chair the Supreme Council of the Magistracy. The King may appoint a representative to chair the Supreme Council of the Magistracy.

                                          The Supreme Council of the Magistracy shall make proposals to the King on the appointments of judges and prosecutors to all courts.

                                          Th Supreme Council of the Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against judges and prosecutors.

                                          Article 135 – new (previously Article 116)

                                          The Statute of Judges, and Prosecutors and the functioning of the judiciary shall be defined in a separate law.

                                          CHAPTER XII (NEW): The Constitutional Council

                                          Article 136 – new

                                          The Constitutional Council shall have the duty to safeguard the respect of the Constitution, interpret the Constitution, and laws passed by the National Assembly and finally reviewed by the Senate.

                                          The Constitutional Council shall have the right to examine and decide on contested cases involving the election of the National Assembly members and Senate members.

                                          Article 137- new (previously Article 118)

                                          The Constitutional Council shall consist of nine members with nine-year mandates. One-third of the members of the Council shall be replaced every three years. Three members (3) shall be appointed by the King, three (3) members shall be appointed by the National Assembly and three (3) others by the Council of the Magistracy.

                                          The members of the Constitutional Council shall elect the Chairman. The Chairman of the Senate shall have a casting vote in cases of equal votes.

                                          Article 138 – new (previously Article 119)

                                          Members of the Constitutional Council shall be selected from among the dignitaries with a higher-education degree in law, administration, diplomacy, or economics and who have considerable work experience.

                                          Article 139 – new

                                          The function of the Constitutional Council member shall be incompatible with that of a member of the Senate, member of the National Assembly, member of the Royal Government, in-post judges, any position in the public service, President and Vice-president of a political party, President or Vice-president of a trade unions.

                                          Article 140 – new

                                          The King, Prime Minister, President of the National Assembly, one-tenth (1/10) of the National Assembly members, President or one-forth (1/4) of the Senate may forward the laws passed by the National Assembly to be reviewed by the Constitutional Council before the promulgation of such law.

                                          The internal regulations of the National Assembly, internal regulations of the Senate, and organic laws shall be forwarded to the Constitutional Council for reviewed before their promulgation. The Constitutional Council shall decide within no later than thirty (30) days whether the laws and internal regulations are constitutional.

                                          Article 141- new

                                          After a law is promulgated, the King, President of the Senate, President of the National Assembly, Prime Minister, one-forth (1/4) of the Senate or the court may ask the Constitutional Council to examine the constitutionality of that law.

                                          Citizens shall have the rights to appeal against the constitutionality of laws through their representatives or President of the National Assembly or member or President of the Senate as stipulated in the above paragraph.

                                          Article 142 – new (previously Article 123)

                                          Provisions in any article ruled by the Constitutional Council as unconstitutional shall not be promulgated or implemented.

                                          The decision of the Constitutional Council shall be final.

                                          Article 143 – new (previously Article 124)

                                          The King shall consult with the Constitutional Council on all proposals for amendments to the Constitution.

                                          Article 144 – new (previously Article 125)

                                          An organic law shall specify the organization and operation of the Constitutional Council.

                                          CHAPTER XIII (NEW): The Administration

                                          Article 145 – new (previously Article 126)

                                          The territory of the Kingdom of Cambodia shall be divided into provinces (Khet) and municipalities (Krong)

                                          Provinces shall be divided into districts (Srok) and districts into communes (Khum).

                                          Municipalities shall be divided into districts (Khan) and Khan into Sangkat.

                                          Article 146 – new (previously Article 127)

                                          Khet/ Krong, Srok/ Khan, and Khum/ Sangkat shall be governed in accordance with the provisions of the organic law.

                                          CHAPTER XIV new: The National Congress

                                          Article 147- new (previously Article 128)

                                          The national congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authorities to solve.

                                          Khmer citizens of either sex shall have the rights to participate in the national congress.

                                          Article 148- new (previously Article 129)

                                          The national congress shall meet once a year in early December at the convocation of the Prime Minister.

                                          The national congress shall proceed under the chairmanship of the King.

                                          Article 149 – new (previously Article 130)

                                          The national congress shall adopt recommendations for consideration by the Senate, National Assembly, State authorities.

                                          A law shall define the organization and operation of the national congress.

                                          CHAPTER XV (new): Effects, Revisions, and Amendments of the Constitution

                                          Article 150 – new (previously Article 131)

                                          This Constitution shall be the supreme law of the Kingdom of Cambodia.

                                          Laws and decisions of the State institutions shall be in strict conformity with the Constitution.

                                          Article 151- new (previously Article 132)

                                          The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, and the President of the National Assembly at the suggestion of one-fourth of all National Assembly members.

                                          A Constitutional law passed by the National Assembly with a two-third-majority vote shall enact revisions or amendments to the Constitution.

                                          Article 152 – new (previously Article 133)

                                          Revisions or amendments to the Constitution shall be prohibited when the country is in a state of emergency, as outlined in article 86.

                                          Article 153- new (previously Article 134)

                                          Any revisions or amendments to the Constitution affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall be prohibited.

                                          CHAPTER XVI (new): Transitional Provisions

                                          Article 154 – new

                                          This Constitution, after its adoption shall immediately be promulgated by the King of the Kingdom of Cambodia.

                                          Article 155 – new (previously Article 136)

                                          After the entry into force of this Constitution, the Constituent Assembly shall become the National Assembly.

                                          The internal regulations of the National Assembly shall come into force after the adoption by the National Assembly.

                                          In the case where the National Assembly is not yet functional, the President, the First and Second Vice-Presidents of the Constituent Assembly shall participate in the discharge of the duties of the Throne Council if so required by the situation in the country.

                                          Article 156 – new

                                          After this Constitution takes effect, the King shall be selected in accordance with the provisions stipulated in articles 13-new and 14.

                                          Article 157- new

                                          The term of first legislature of the Senate shall be five (5) years and such term shall be expire upon the new Senate being sworn into office.

                                          In its first legislative term, the Senate shall have:

                                          • sixty-one (61) senators in total;
                                          • the King appoints two of the senators and the first vice-president and second vice-president of the Senate;
                                          • other senators shall be appointed by the King at the request of the President of the Senate and President of the National Assembly from among the members of the political parties having seats in the National Assembly;
                                          • the congress sessions of the Senate and National Assembly shall be chaired by the Co-Presidents.

                                          Article 158 – new (previously Article 139)

                                          Laws and regulations in Cambodia that safeguard state property, rights, freedom, and legal private property and are in conformity with the national interests, shall continue to be effective until altered or abrogated by new acts, except those provisions that are contrary to the spirit of this Constitution.

                                           

                                          Phnom Penh, 6 March 1999

                                          The President of National Assembly

                                          NORODOM Ranariddh

                                           

                                          Structure of Council of ministers ខែវិច្ឆិកា 30, 2009

                                          Filed under: ប្រព័ន្ធ​រដ្ឋបាល​កណ្តាល — vuthdevelop @ 9:04 ព្រឹក

                                          KRAM DATED JULY 20, 1994

                                          ON THE ORGANISATION AND FUNCTIONING OF THE COUNCIL OF MINISTERS

                                           

                                          We,

                                          His Majesty Norodom Sihanouk,

                                          King of Cambodia,

                                          • having seen the 1993 Constitution of the Kingdom of Cambodia;
                                          • having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia; 

                                          upon the proposal of the Council of Ministers;

                                          promulgate;

                                          the Law on the Organization and Functioning of the Council of Ministers adopted by the National Assembly of the Kingdom of Cambodia on July 20, 1994, the text of which is as follows:

                                           

                                          CHAPTER I

                                          ROLE AND COMPOSITION OF THE ROYAL GOVERNMENT

                                           

                                          Article 1:

                                          The Royal Government is an Executive Organ which has the duty to determine the policy of the nation which shall be adopted by the National Assembly, to administer all the general state’s affairs and assure the application of the laws, except those affairs which come within the competence of the Legislature or of the Judiciary.

                                          The royal government shall have responsibility to the National Assembly for the general policy and for its activities.

                                          Article 2:

                                          The royal government shall govern, command and use the Military, Police, Armed forces and the Administration for the implementation of all its activities.

                                          Article 3:

                                          The royal government shall manage general affairs of State in compliance with the Political Program and the State’s Plan which have been adopted by the National Assembly.

                                          Article 4:

                                          Composition of the royal government;

                                          • Prime Minister,
                                          • Deputy- Prime Ministers,
                                          • Ministers of State,
                                          • Ministers,
                                          • Secretaries of State.

                                          For the circumstance in which His Majesty the king has appointed one First Prime Minister and one Second Prime Ministers, in conformity the article 138 of the Constitution, thus both these Prime Ministers shall have equal power and prerogative, for heading the royal government basing on the principle of co-decision.

                                          Article 5:

                                          Prime Ministers are members of the National Assembly.

                                          Other members of the Royal Government could be selected from amongst the members of the National Assembly or from outside of the National Assembly but they must be members of political parties which represent actually in the National Assembly.

                                          Article 6:

                                          The Under Secretary of State shall be appointed by kret following the proposal of the Prime Minister. The Under Secretary of State is neither member of the Royal Government nor permanent agent of the Administration. When the Royal Government is resigned or dissolved, the Under Secretary of State shall also be resigned.

                                          Article 7:

                                          When at the termination of the mandate of the Parliament, or when changing of the royal government, the royal government which is to leave the office, shall only have duty to conduct day to day works until when a new royal government is appointed.

                                           

                                          CHAPTER II

                                          COUNCIL OF MINISTERS AND COMPETENCE OF THE PRIME MINISTERS

                                           

                                          Article 8:

                                          The Prime Minister is the head of the royal Government, shall have duty to share responsibility jointly with other members of the royal government in front of the National Assembly on the general policy of the royal government.

                                          Article 9:

                                          The Prime Minister shall heads the works of the Council of Ministers, manages and gives out commands on all activities of the royal government in all fields.

                                          Article 10:

                                          The Prime Minister is the one who shall convene meetings and shall preside those meetings. Plenary meetings of the Council of Ministers shall make decisions on general affairs of the royal government.

                                          Article 11:

                                          Prime Ministers may delegate power to any member of the royal government for convening meetings and presiding inter -ministerial meetings. But such inter- ministerial meetings shall have no power to make any decision in favor of the royal government at all.

                                          Article 12:

                                          Prime Minister shall head, manage and sign on commercial agreements and agreement on economic, cultural, scientific and technical cooperation, and national defense with foreign countries. Especially, the Prime Minister may delegate power to any member of the royal government for signing on those agreements.

                                          Article 13:

                                          Prime Minister shall sign on all what have been adopted by the Council of Ministers that will be enacted as Anukret, Decisions or Circulars. All norms and standards of the royal government that will have general effects must be published in the King’s Affairs Bulletins.

                                          Article 14:

                                          Prime Minister shall raise proposals for appointments, transfer and dismissal by kret of High-ranking officers of the civil servants and militaries as follows:

                                          • Members of the royal government.
                                          • Administrators, Vice- Administrators of the National Bank of Cambodia.
                                          • Under Secretaries of State.
                                          • Advisers of the royal government- Advisers of the Prime Minister.
                                          • General Secretaries of the royal government.
                                          • General Secretaries of the ministries- General Directors of the ministries.
                                          • Delegates of the royal government.
                                          • Governors of the provinces and municipalities.
                                          • Royal Ambassadors.
                                          • Extraordinary and plenipotentiary precepts.
                                          • Chief of the General Staff (of Armed Forces).
                                          • Ranks from General and up.

                                          Such proposals shall be submitted to the National Assembly for approval and for this purpose the Prime Minister may request the National Assembly to meet in extra-ordinary session. On the National Assembly approving such appointments the proposals shall be submitted to the Majesty the King for the issue of kret.

                                          Article 15:

                                          Prime Minister shall appoint, transfer and dismiss by Anukret, of high ranks officers, civil servants, military, diplomatic corps, and deputy governors of provinces and municipalities and governors (chiefs) of districts who are not specified in the article 16, except only for those ranks below the chiefs of departments which may be appointed by Prakas of the heads of ministries.

                                          Article 16:

                                          In special case or in case of force-majeure, the Prime Minister could have power to make out orders for expenses out of the national budget plan specified by the National Assembly, in order to solve out necessary and urgent affairs, then upon this to report to the National Assembly.

                                          Article 17:

                                          The Prime Minister shall administer and head the works of the Council of Ministers.

                                          Article 18:

                                          When the Council of Ministers is absent, the Deputy Prime Minister shall replace him and take his works, in accordance with the delegation of power which is made directly face to face by the Prime Minister.

                                           

                                          CHAPTER III

                                          COMPETENCE OF MEMBERS OF ROYAL GOVERNMENTS

                                           

                                          Article 19:

                                          Deputy Prime Minister is a member of the royal government who has priority the in seating arrangement above other

                                          members.

                                          Deputy Prime Minister shall assist the works of the Prime Minister in accordance with the delegation of power made directly face to face by the Prime Minister.

                                          Deputy Prime Minister shall have no power to decide on any matters concerning with the common principles of the royal government, unless there is approval from the Prime Minister.

                                          Article 20:

                                          State’s Minister and Minister who do not administer any ministry, may be responsible for the duties as specified by the Prime Minister.

                                          Article 21:

                                          Members of the royal government who administer the ministries are called heads of ministries. The head of ministry shall manage the works in the ministry, and administer all the officers and staff members of the civil servants whom are agents of the central administration and of the field administrations which are subordinates of the ministries.

                                          Article 22:

                                          State’s Ministers, Ministers and Secretaries of State, who are the heads of ministries, shall have duties to manage the ministries and subordinate institutions within the cadre of its competent as specified in the law.

                                          Article 23:

                                          In case when any ministry is headed by the Co- Ministers, both of those Ministers shall have the equal powers.

                                          In the administration of such a ministry, shall have to base on the principle of co-decision.

                                          Article 24:

                                          In case when any ministry is headed by a Minister and a Secretary of State, such Minister shall be head of ministry, and such Secretary of State, the vice-head of ministry, shall have to comply with duties to him by the Minister. The Minister shall have to consult them with the Secretary of State before hand, prior to making any final decision thereon.

                                          Article 25:

                                          For those autonomous ministries or State’s Secretariats that are headed respectively by a Secretary of State, such Secretary of State shall be the head of such ministry or such State’s Secretariat.

                                          Article 26:

                                          In case when a ministry has a Minister or a State’s Secretary as head of ministry, there must be an Under-Secretary of State who shall assist the affairs in such ministry in compliance with the duties assigned to him by the head of ministry.

                                          Article 27:

                                          Under-Secretaries of State who are heads of the institutions which are subordinates of the Council of Ministers, shall have to manage the works of those institutions under direct supervision of the Prime Minister. But the Prime Minister may also delegate power to any Minister or Secretary of State to carry out such supervision.

                                          Article 28:

                                          The heads of ministries can have power to raise proposals for the appointment, transfer and dismissal in accordance with the procedure in force of officials in their respective ministries from the ranks of Chiefs of departments, Colonels or their equivalents and up. A head of ministry shall have power to appoint, transfer and dismiss by Prakas of head of ministry, his subordinates officials, for the ranks from below the chiefs of departments and down, in conformity with the State of Public Functions.

                                          Article 29:

                                          The head of ministry has power to issue Prakas and Circulars. Circulars are texts for enlightening the works/affairs and for giving instructions. Prakas or Circulars, can neither stipulate on any issues that are not concerned within the framework and competence of the ministry, nor contradict with other norms and standards of the royal government, such as Anukret or Circulars.

                                          Article 30:

                                          The Organisation and functioning of the Ministry and state secretariats from the department level and up, must be specified by an Anukret. The organization and the functioning of the ministry and state secretariats from below the department level and down, must be specified in a Prakas of such Ministry.

                                          Article 31:

                                          The Minister or Co-Ministers in charge of the office of the Council of Ministers, and the Secretary of State, with the assistance of the Under Secretary of State and General Secretary of the royal government, shall manage the works of the office of the Council of Minister, and to coordinate in daily works of the Council of Ministers, under the responsibility of the Prime Minister.

                                          The role and function of the secretary general shall be specified by an Anukret on the Organisation and Functioning of the office of the Council of Ministers.

                                          Article 32:

                                          Each member of the royal government shall have to respectively take responsibility in front of the Prime Minister and the National Assembly, of the actions that they have performed.

                                          The Prime Minister shall supervise and follow up the activities of the members of the Royal Government and shall have power to dismiss and replace any member of Royal Government for irregularities, abuse of power, misbehavior and inactivity.

                                           

                                          CHAPTER IV

                                          CREATION OF NEW MINISTRIES

                                          Article 33:

                                          Any creation of the new ministry shall have to be specified by a law, and the budget thereof shall be adopted by the National Assembly.

                                          CHAPTER V

                                          FINAL PROVISIONS

                                          Article 34:

                                          The Law on the Organisation and the Functioning of the Council of Ministers which was promulgated by the Kret Nº 50 Kra. dated May 2, 1992, and any other norms which are contrary to provisions of this Law, are all considered as null and void, and are definitively replaced by this present Law.

                                          Article 35:

                                          This Law shall have to be proclaimed urgently.

                                           

                                          Ministry structure ខែវិច្ឆិកា 29, 2009

                                          Filed under: ប្រព័ន្ធ​រដ្ឋបាល​កណ្តាល — vuthdevelop @ 2:21 ល្ងាច

                                          ANUKRET DU 30 AVRIL 1996

                                          RELATIF À L’ORGANISATION ET AU FONCTIONNEMENT

                                          DES MINISTÈRES ET SECRÉTARIATS D’ETAT

                                          Le Gouvernement Royal du Cambodge :

                                          • Vu la Constitution du royaume du Cambodge;
                                          • Vu le Kret en date du 24 Novembre 1994 portant nomination du Premier-Premier Ministre et du Second-Premier Ministre;
                                          • Vu le Kret du 1er novembre 1993 portant nomination du gouvernement royal du Cambodge
                                          • Vu le Kret du 24 octobre 1994 modifiant la composition du gouvernement royal;
                                          • Vu le Kret du 31 octobre 1994 modifiant la composition du gouvernement royal;
                                          • Vu la loi sur l’organisation et le fonctionnement du Conseil des Ministres, promulguée par Kram n° 02 NS 94 du 20 juillet 1994;

                                          Considérant les besoins de l’organisation, de l’administration et du fonctionnement des ministères et secrétariats d’Etat;

                                          Après adoption par le Conseil des ministres.

                                          Décrète:

                                          CHAPITRE PREMIER

                                          DISPOSITIONS GÉNÉRALES

                                          Article 1:

                                          Les administrations de l’Etat sont placées sous l’autorité de ministres et secrétaires d’Etat.

                                          Chaque ministère ou chaque secrétariat d’Etat est dirigé par un ministre ou un secrétaire d’Etat. L’organisation et le fonctionnement des services subordonnés aux ministères ou aux secrétariats d’Etat sont fixés par anoukret.

                                          Aucun service de l’administration centrale n’est placé sous l’autorité conjointe de deux ou plusieurs ministères ou secrétariat d’Etat. Inversement, à l’exception des services subordonnés au ministère du conseil des ministres, tout service de l’administration est rattaché à un ministère ou secrétariat d’Etat, sauf les services ou autorités autonomes.

                                          Article 2:

                                          Cet anoukret ne concerne pas l’organisation et le fonctionnement du ministère du conseil des ministres, du ministère de l’intérieur et du ministère de la défense.

                                          CHAPITRE II

                                          ORGANISATION ET STRUCTURE

                                          Article 3:

                                          Chaque ministère ou secrétariat d’Etat comprend:

                                          • Un service ou plusieurs services centraux subordonnés aux ministères ou secrétariats d’Etat;
                                          • Des services territoriaux (services extérieurs) subordonnés aux ministères ou secrétariats d’Etat;
                                          • Les établissements publics placés sous leur tutelle des ministères ou secrétariats d’Etat;
                                          • Le cabinet du ministre ou du secrétaire d’Etat, qui est le président de l’institution.

                                          Article 4:

                                          Le service central subordonné à chaque ministère ou à chaque secrétariat d’Etat peut comprendre :

                                          • Un secrétariat général dans les cas spéciaux;
                                          • Une ou plusieurs directions générales qui se subdivisent en directions;
                                          • Une inspection générale ou une inspection,
                                          • Une direction générale ou une direction de l’administration et des affaires générales;
                                          • Un certain nombre de directions techniques.

                                          Article 5:

                                          Le service territorial (services extérieurs)subordonné au ministère ou secrétariat d’Etat comprend :

                                          a) Au niveau de la province et de la municipalité.

                                          • Un service technique, dirigé par un chef de service.
                                          • Chaque service technique se divise en bureaux. Outre les bureaux, chaque service technique peut comprendre un certain nombre de services subordonnés.

                                          b) Au niveau du district et de l’arrondissement.

                                          • Un bureau, divisé en plusieurs sections.

                                            L’organisation et le fonctionnement des services territoriaux (services extérieurs ) seront fixés par un autre anoukret.

                                            CHAPITRE III

                                            LA DIRECTION GÉNÉRALE

                                            Article 6:

                                            Chaque ministère ou secrétariat d’Etat est organisé en une ou plusieurs directions générales, chacune étant divisée en directions. Chaque direction est divisée en bureaux. Chaque ministère ou secrétariat d’Etat cité est organisé selon l’organigramme-type annexé à cet Anukret .

                                            La création d’une direction générale et de directions relève d’un Anukret qui précisera leurs attributions et leur organisation. Tandis que la création des bureaux du ministère ou secrétariat d’Etat, elle sera fixée par Prakas du ministre intéressé qui précisera leurs attributions.

                                            Article 7:

                                            La direction générale est placée sous l’autorité d’un directeur général, assisté, le cas échéant, par un directeur général-adjoint. La direction est placée sous l’autorité d’un directeur. Dans certains cas, le directeur aura un grade, le rang et les prérogatives équivalents à ceux d’un directeur général. Le directeur est assisté, le cas échéant, par un ou plusieurs directeurs-adjoints. Le bureau est placé sous l’autorité d’un chef de bureau, assisté d’un chef de bureau-adjoint.

                                            Le directeur général, le directeur et le chef de bureau sont responsables, chacun à leur niveau, des activités de leur service et de l’application des attributions dévolues par leur supérieur hiérarchique. Ils suivent l’application des règlements et des directives données par l’instance supérieure conformément à la loi.

                                            Article 8:

                                            Le directeur général est nommé par Kret sur proposition du Premier Ministre du gouvernement royal, sur proposition du ministre concerné.

                                            Le directeur-général adjoint est de grade égal à celui de directeur, il sera nommé par Anukret . Les directeurs-adjoints et les fonctionnaires de grade équivalents jusqu’à celui de chef de bureau sont nommés par Prakas. Ils sont choisis parmi les fonctionnaires figurant dans le cadre de la fonction publique et ayant les qualifications, les instructions, les compétences techniques, l’ancienneté ainsi que le grade conformément au statut spécifique de chaque corps de fonctionnaires.

                                            Article 9:

                                            La direction générale de l’administration et des affaires générales est chargée de la gestion des services communs : administration, récapitulation, rapports, coordination, la documentation, le personnel, la planification, les finances, le matériel et les équipements.

                                            CHAPITRE IV

                                            L’INSPECTION GÉNÉRALE OU L’INSPECTION

                                            Article 10:

                                            L’inspection générale ou l’inspection a pour attributions de contrôler le bon fonctionnement de l’ensemble des services centraux et territoriaux du ministère ou secrétariat d’Etat. A ce titre, l’inspection générale ou l’inspection contrôle le fonctionnement des services et direction en conformité aux objectifs et aux instructions du ministre. L’inspection générale ou l’inspection établit un rapport sur les résultats de ses missions au ministre, mais n’a pas le droit de décider à sa place.

                                            Article 11:

                                            L’inspection générale est dirigée par un inspecteur général, assisté par un inspecteur- général-adjoint selon les besoins.

                                            L’inspection est dirigée par un inspecteur et peut avoir un ou deux inspecteurs-adjoints.

                                            Article 12:

                                            L’inspecteur général a un grade équivalent à celui de directeur général. Il est nommé par Kret, sur proposition du chef du gouvernement, sur proposition du ministre concerné. Il est choisi parmi les inspecteurs du ministère concerné, ayant une qualification et une expérience suffisante pour exercer cette fonction.

                                            L’inspecteur a un grade équivalent à celui de directeur. Il est nommé par Anukret sur proposition du ministre concerné parmi les fonctionnaires du ministère, justifiant d’au moins cinq ans d’ancienneté, ayant eu des hautes responsabilités et des rôles importants.

                                            L’inspecteur général-adjoint et l’inspecteur ont un grade équivalent à celui de directeur. Ils sont nommés par Anukret. L’inspecteur adjoint a un grade équivalent à celui du directeur adjoint. Ils sont nommés par Prakas du ministre dont ils relèvent.

                                            Article 13:

                                            La direction générale, le secrétariat général, l’inspection générale, la direction, l’inspection et le bureau sont des services garantissant la permanence du système administratif du ministère et du secrétariat d’Etat.

                                            CHAPITRE V

                                            LE CONTRÔLE FINANCIER

                                            Article 14:

                                            Chaque ministère ou chaque secrétariat d’Etat comporte un service de contrôle financier. Un ou deux contrôleurs financiers choisis parmi les fonctionnaires qualifiés justifiant d’une expérience suffisante sont nommés par le ministère de l’économie et des finances pour travailler auprès du ministère ou du secrétariat d’Etat.

                                            Article 15:

                                            Le contrôle financier est organisé par un Anukret sur le contrôle financier des dépenses du budget de l’Etat réalisées par les ministères, les secrétariats d’Etat, les provinces et les municipalités. Dans ce cas, le contrôleur financier doit faire immédiatement des comptes-rendus sur les faits qu’il a contrôlés, qu’il adresse au ministre de l’économie et des finances dont il relève et au ministre ou au secrétaire d’Etat où il exerce ses fonctions.

                                            CHAPITRE VI

                                            LE CABINET DU MINISTRE

                                            Article 16:

                                            Le cabinet du ministre ou du secrétaire d’Etat est un service particulier, chargé d’assister le ministre ou le secrétaire d’Etat dans ses fonctions politiques reconnues par le gouvernement royal et l’assemblée nationale, ainsi que dans ses fonctions administratives de chef de son administration ministérielle.

                                            Article 17:

                                            Les missions du cabinet sont les suivantes :

                                            • assurer la liaison avec les cabinets des autres ministres.
                                            • communiquer avec les députés et les médias.
                                            • donner des avis au ministre ou au secrétaire d’Etat sur les affaires générales du ministère et sur les dossiers que le ministre lui confie. Cette fonction de conseil ne permet pas de se substituer aux services compétents du ministère ou secrétariat d’Etat.
                                            • communiquer les directives du ministre.
                                            • préparer l’emploi du temps du ministre et des services subordonnés et suivre l’exécution des tâches pour qu’elles soient conforme à l’emploi du temps fixé préalablement.
                                            • organiser les séances de travail du ministère et les réunions interministérielles.
                                            • assurer l’expédition des règlements du ministre aux services désignés par ce dernier.
                                            • suivre et coordonner les diverses activités du ministère et du secrétariat d’Etat et suivre l’exécution des règlements du ministre ou du secrétaire d’Etat.

                                            Article 18:

                                            Les membres du cabinet sont directement choisis par le ministre, en raison de la confiance qu’il leur témoigne. Le ministre peut révoquer un membre de son cabinet à tout moment d’une manière discrétionnaire.

                                            Lorsque le ministre ou secrétaire d’Etat cesse d’appartenir au gouvernement, les membres de son cabinet quittent immédiatement leurs fonctions, sauf si le nouveau ministre ou secrétaire d’Etat accepte de conserver des membres de l’ancien cabinet.

                                            Article 19:

                                            Les fonctions de membre du cabinet sont temporaires. En conséquence, les membres du cabinet qui avant leur nomination n’avaient pas la qualité de fonctionnaire, n’acquièrent pas cette qualité par l’effet de leur nomination. Par contre ceux qui, antérieurement à leur nomination comme membre du cabinet, avaient la qualité de fonctionnaire, conservent leur statut et leur ancienneté dans leur ministère ou secrétariat d’Etat d’origine.

                                            Article 20:

                                            Le cabinet est dirigé par un directeur de cabinet; celui-ci est nommé par Prakas. Le directeur de cabinet est assisté par un chef de cabinet, qui est nommé par Prakas et assume plus spécialement les tâches relatives au protocole ainsi que les relations avec le public.

                                            Article 21:

                                            En plus du directeur de cabinet et du chef de cabinet, le cabinet peut comprendre les membres suivants:

                                            • un conseiller technique;
                                            • un attaché parlementaire;
                                            • un attaché de presse;
                                            • et un secrétaire particulier nommé par Prakas (arrêté ministériel).

                                            Le nombre de ces fonctionnaires sont ainsi fixé:

                                            • trois au maximum pour un ministre d’Etat et un ministre;
                                            • deux pour un secrétaire d’Etat en charge d’une administration ministérielle, et
                                            • un pour un secrétaire d’Etat placé auprès d’un ministre (sans portefeuille).

                                            Les fonctionnaires de cabinet cités ci-dessus étudient les affaires qui leur sont confiés par le directeur de cabinet et l’assistent selon la nature de leur compétence particulière. La répartition de leurs attributions est faite par Prakas du ministre ou du secrétaire d’Etat.

                                            Article 22:

                                            En plus des fonctionnaires fixés dans l’article 21 ci-dessus, chaque ministre peut disposer en outre, de conseillers et d’assistants en mission dans le cadre de son cabinet. Ces derniers ne peuvent excéder le nombre de trois au total. Ils sont nommés par Anukret.

                                            Article 23:

                                            Le service de gestion du personnel fournit le personnel du ministère ou du secrétariat d’Etat dont le cabinet a besoin. Ces personnels, chauffeurs de véhicules, secrétaires, agents de bureaux assurent la logistique. Les postes qu’occupent ces agents sont des postes administratifs qui ne sont pas soumis à la règle de mutation en cas de changement de ministre.

                                            CHAPITRE VII

                                            DISPOSITIONS FINALES

                                            Article 24:

                                            Les ministères et secrétariat d’Etat devront mettre leurs structures actuelles en conformité avec les présentes dispositions de cet Anukret.

                                            Article 25:

                                            Toutes dispositions antérieures contraires au présent Anukret, d’une valeur juridique équivalente ou inférieure à cet anoukret, sont abrogées.

                                            Article 26:

                                            Les co-ministres chargés du conseil des ministres, tous les ministres et secrétaires d’Etat sont chargés, chacun en ce qui le concerne, de l’application du présent anoukret qui prend effet à la date de sa signature.

                                            Fait à Phnom Penh, le 30 avril 1996

                                            Norodom Ranariddh

                                            Hun Sen

                                            Transmission au Premier-Premier ministre et Second-Premier ministre

                                            Sok An

                                            Veng Sereivuth

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