Legal Document

KINGDOM OF CAMBODIA

Nation Religion king

**********

 

Municipality of Phnom Penh No.2820SDN

 

LICENSING REGULATION (ADVERTISEMENT)

 

"Advertising" means advertising in any way displayed in any open public area and on buildings.

"Signboard" means a board displayingthe name of goods or profession and having the- form of a sign, or is any object hung close to any area which is higher than one-halfmeter and which canbe seeneasilyf rom other buildingor streets.

"Skysign"  means any picture or combination with floating materials tied up with  string so that people on the streets or in buildings can see such business sign clearly and public.

 

A.           LOCATION

1.            Signboards shall only be put on business areas where they will not affect the public order and beauty of the city.

2.            Pictorial advertising boards shall be displayed only on areas where they will not affect the public order and the beauty of the city and do not conflict with any nearby architectural building.

3.            Only advertising for general decorative materials and food shall be allowed near schools, monasteries and ministries. Advertising for addictive substances, such as cigarettes and beer, are not allowed within a distance of 100 meters fromschools, monasteries, churches and ministries.

4.            No advertisement shall be permitted within 250 meters of the Royal Palace.

5.            Advertisement shall not be permitted to be displayed along Preah Norodom Sihanouk Street, fromWat Phnom to the Independence Monument.

 

B.           Meanings

1.            Advertisements shall be written in national script or [and] shall not be in the following manner:

- It shall not be necessary that any advertisement which merely consists of a trade mark, such as Pepsi-Cola, be in national script. But, if any phrase is written in addition to the trade mark, suchas ', then such phrase shall be written in national script. National script should be double the sizeof foreign script on anyadvertisement on signboard.

 

2.            For any signboard comprising a commercial picture, such commercial picture shall occupy only 15% in the whole surface of the sign board.

 

3.            Pictures of the King of Cambodia shall be displayed only in good and appropriate places. Posting and displaying of any kind of commercial sign by the side or above the royal picture shall be strictly prohibited.

 

4.            On any banner written to bless the King, on advertising is allowed. Advertisers or companies sponsoring such banners can write on the bottom right side the following: ‘prepared by (name of advertiser or company)’.

 

5.            No advertising shall be allowed to be contained in any banner by a Governmental institution written to educate people, but a sponsor of such a banner may write on the bottom right side in the same manner as defined in previous clause 4.

 

C.           APPLICATION FOR LICENSE

Circular No 10 of the municipal office on the issuance of licenses for advertisement, states: "No person or company can create any form of advertisement, signboard and sky sign without first getting permission from the municipal office". Application for license must follow these procedures:

 

* Sketches shall be enclosed with two sets of applications in size A3 (297mm x 420mm) described in detail as follows:

 

1.            Show size and dimensions of the signboard.

2.            Show the sketch of the structure by which it can be seen from every angle.

3.            A plan showing location sign of area appropriate to location

4.            Overall planshowingthe location in an area, in which the signboard willbe constructed.

 

* If the application for advertisement is not the owner of the land or the building, all applicat- ion forms shall also be approved by the owner of the land and building.

 

D.           TYPE OF LICENSE

There are two types of license.  Type A and Type B.

 

CATEGORY "A"

 

1.            This license is not valid for more than three years, from the day on which this license is issued.

2.            The number of license shall be written on signboard and sky sign.

3.            After expiration of the initial license, such license shall be reviewed for the further on going use.

4.            No new application form is necessary in the even there is no change in the design size, materials and location of the signboard.

 

CATEGORY "B"

1.            Thislicense is not valid for morethana 12 months period, fromthe dayon which this license is issued.

2.            At the expiration of the initial license, new license application is required

 

E-           EXEMPTION ON LICENSE APPLICATION REQUIREMENTS

 No additional license is needed for advertisement, such as banner and sky sign already authorized by municipal office shall not require for anymorelicenses, but suchadvertisement must be in the following manners:

 

1.            Little advertisement, which is not bigger than1.5 m2, on location belongs to a person.

2.            Any panel which is not bigger than 1.50m2, and not more than 10cm in distance from the wall of any building or shop.

3.            Signboard of constructional constructor which is not bigger than 1.50m2 put closed to the building or construction site and must not be in the way of advertisement.

 

F-            TRANSFERABILITY AND ALTERATION

Transferability of right on advertisement license and alteration of original advertisement form cannot be done without permission from municipal office.

 

G-           PAYMENT SCHEDULE FOR LICENSE

To obtain authorization for advertisement, customer shall pay at advertising office on annually temporary cost as following:

 

1.            Advertisement with or without light

 

-              US$ 100 for a signboard under 1m2

-              US$ 250 for a license of a signboard form 1-10m2

-              US$ 30 for a 1m2 of any signboard which is over 10m2

 

2.            Trade sign with or without light

 

-              US$ 100 for a license of 1 trade sign of which size from 1-10m2

-              US$ 30 for 1m2 of any trade sign of which size over 10m2

 

3.            US$ 45 for 1m2 of sky sign

 

Cost of advertising license shall be defined for a payment as following:

 

Category "A" to be paid every 6 months, from the day such a license is issued by municipal office. Category "B" to be paid in sufficient amount according to duration requested.

 

The licensee shall be fined 10 percent over the payable amount for any late payment exceeding 1 month from the due date.

 

In case the municipality issued any license and is to be canceled due to unexpected circumstances, the license shall have rights to claim the municipality for an amount based upon the rest of duration. If the licensee doesn't comply with this procedure the municipality will not pay the cost of any such license

 

H-           MAINTENANCE

All forms of billboard have to be maintained in good order and strong. Any frame of billboard which is rusty and peeling off or in bad condition, broken and unprepared is considered as a violation of this article. The billboard has to be pulled down or repaired conforming to provision stipulated in this article. When the municipality give notice of the- public danger but the owner doesn't take any action, the municipality shall have right to pull down the picture without any further notice to the owner and at the owner expense.

 

I-            SIGN PERMIT REQUIRED

1.            Requirement: Display, enlargement, alteration, change of location or  any thing besides the regular maintenance cannot be done unless authorized by the municipality.

2.            Jurisdiction: The municipality of Phnom Penh takes responsibility to reviews application for placing signboard.

3.            Filing Application: Application form can be filled in the Advertising Licensing Office.  The cost of preparation of the application form is 5,000 riel.

 

J-            ADMINISTRATIVE REMOVAL OF SIGNS

The municipality will remove any sign board which is in the following conditions:

 

1.            Illegal and damaged signboard:

When the Municipality or its representatives encounter any signboard placed in violation of the decision made by the municipality or it the signboards are in disrepair, including the peeling off, abandonment, forbidden areas, shall be treated as absolutely in violation of the effective law. The representatives of the municipality shall inform the owner of the signboard in writing to pull them down urgently.

 

2.            Protection of Danger and adversely effect the Public Area:

Municipality of Phnom Penh or its representatives, without issuing any notifying letter to the owner, shall have right to remove signboards which are:

 

-              Immediately endangering the public.

-              Display in violation of the provision of this circular, advertising law, and against public order.

 

K-           RESTORATION OF BUILDING FACE

Within 30 days after the removal of the signboard from building or building - wall, the damages resulting from the sign removal have to be repaired.

 

L-            RESTRICTION ZONE

 

1.            Displaying of advertisement which affect public areas:

Displaying of advertisement on public areas shall not be authorized for:

 

-              stairs way

-              exit way

-              in front of the door

 

2.            Affecting to the traffic signs

 

Signboards shall not be displayed close to traffic signs

 

M-          PENALTY

 

If any person does not comply with the municipal circulars and causes public disorder, the municipality shall have the right to confiscate the advertising materials and shall not allow the advertisement for 1 year period.

 

Conforming to mark"H", in caseof violation of these conditions, the competent authority can enter into the area and pull down all advertisement signs.

 

All expenses made by the competent authority in the exercise of their duty to control license is the burden of the owner of advertisement signboard.

 

In case of the violation on the above stipulated regulations, the person will be fined in the amount of under three thousands dollars (3,000$US). The municipal authority will sue the violator in the court of law, in case of continuation of the violation.

 

 

Done on November 1994

 

 

Chhim Siek Leng