Legal Document

Unofficial Translation GMAC

 

Kingdom of Cambodia

Nation Religion King

 

Ministry of Labour and Vocational Training

No. 220 K.B/Br.K

 

Prakas

on

Determination of Contribution Rate and Formality of Paying Contribution

for Health Care Scheme

 

Minister of Labour and Vocational Training

 

-              Having seen the Constitution of the Kingdom of Cambodia

-              Having seen Royal Decree NS/RKT/0913/903 dated 24 September 2013 on Appointment of Royal Government of the Kingdom of Cambodia

-              Having seen Royal Decree NS/RKT/1213/1393 dated 21 December 2013 on Adjustment to the Composition of the Royal Government of the Kingdom of Cambodia

-              Having seen Royal Decree NS/RKT/0416/368 dated 04 April 2016 on Adjustment to the Composition of the Royal Government of the Kingdom of Cambodia

-              Having seen Royal Code 02/NS/94 dated 20 July 1994 promulgating the Law on Organization and Functioning of the Council of Ministers

-              Having seen Royal Code NS/RKM/0105/003 dated 17 January 2005 promulgating the Law on Establishment of Ministry of Labour and Vocational Training

-              Having seen Royal Code ChS/RKM 0397/01 dated 13 March 1997 promulgating the Labour Law

-              Having seen Royal Code NS/RKM/0902/018 dated 25 September 2002 promulgating the Law on Social Security Scheme for Persons Defined by the Provisions of the Labour Law

-              Having seen Royal Decree NS/RKT/0815/872 dated 08 August 2015 on Judicial Statute of Public Administrative Establishment

-              Having seen Sub-decree 283 OrNKr.BK dated 14 November 2014 on Organization and Functioning of the Ministry of Labour and Vocational Training

-              Having seen Sub-decree 16 OrN.KrBK dated 02 March 2007 on Establishment of National Social Security Scheme

-              Having seen Sub-decree 01 OrNKr.BK dated 06 January 2016 on Establishment of Social Security Scheme on Health Care for Persons Defined by the Provisions of the Labour Law

-              According to letter 4337 SHV-OrUH dated 08 June 2016 of the Ministry of Economy and Finance

-              According to the request of the Governing Board of the National Social Security Scheme

 

Decide

 

Article 1

This Prakas sets the contribution rate and formality of paying contribution for health care scheme for persons covered by the provisions of the Labour Law.

 

Article 2

The terminologies used in this Prakas are as follows:

-              Health care refers to a social health insurance that provides health protection service benefit, treatment benefit and medical care and daily allowance for the period of being unable to work due to illness or accidents other than occupational risks and maternity leave.

-              Benefit refers to the provision of health protection service, treatment service and medical care and daily allowance during the period of taking leave for treatment due to illness or accidents other than occupational risks and maternity.

-              Spouse refers to wife or husband when they are legally married.

-              Survivor refers to the survivor who is wife or husband and children who are dependent on the person who is the NSSF member after the death by occupational risks.

-              Disabled pension refers to the allowance provided to the person who is permanently disabled due to occupational risk from 20%.

 

Article 3

The contribution rate for the health care scheme that is borne by the employer or owner of enterprise/establishment shall be set at 1.3 (one point three) percent of the monthly average wage of the workers/employees.

 

The contribution rate for the health care scheme that is borne by the workers/employees shall be set at 1.3 (one point three) percent of the monthly average wage of the workers/employees.

 

For the contribution rate which is borne by the survivor or those receiving the disabled pension shall be set at 1.3 (one point three) percent of the benefit.

 

The monthly average wage of the workers/employees for the health care scheme shall be set the same as the monthly average wage of the workers/employees for the occupational risk scheme. The monthly average wage of the workers/employees is set in the annex of this Prakas.

 

In case the enterprise/establishment pays wage in foreign currency, the above monthly average wage shall be calculated in Riel currency according to the exchange rate of the National Bank of Cambodia.

 

Article 4

The employer and workers/employees covered by the provisions of the law on social security schemes for persons defined by the provisions of the Labour Law shall be obliged to pay contribution for health care scheme to the National Social Security Fund (NSSF).

 

After registering for the health care scheme with the National Social Security Fund, the employer or all owners of enterprises/establishments shall be obliged to collect the contribution and pay  the contribution on health care to the National Social Security Fund.

 

Survivor or person receiving the disabled pension due to permanent disability is also obliged to pay contribution on health care.

 

 

 

 

The contribution rate on health care may be re-determined by the Prakas of the Minister of Labour and Vocational Training with approval from the Minister of Economy and Finance at the request of the Governing Board of NSSF.

 

Article 5

The employer or owner of enterprise/establishment shall pay the contribution on health care for each month by the 15th  of the following month at the latest.

 

The employer or owner of enterprise/establishment is obliged to collect the contribution on health care from workers/employees by deducting their wage according to the actual amount of contribution that each worker has to pay.

 

Article 6

The formality of paying contribution on health care shall comply with the form of paying contribution set by the National Social Security Fund.

 

Article 7

The employer or owner of enterprise/establishment shall provide the payroll ledger (payroll of each month), list of worker names and other relevant documents to NSSF for review if  necessary.

 

Article 8

The start of initial payment of contribution on health care for the enterprise/establishment that has been registered shall be determined by NSSF.

 

The start of initial payment of contribution for survivor or person receiving disabled pension shall be determined by NSSF.

 

For any worker/employee who works for two or more companies and has paid their contribution exceeding the amount determined in this Prakas, NSSF will return the exceeding amount to the worker/employee at every year’s end.

 

Article 9

Those who violate the provisions of this Prakas shall be punished in accordance with the Law on Social Security Schemes for Persons Defined by the Provisions of the Labour Law.

 

Article 10

Director of National Social Security Fund, employers or owners of enterprises/establishments, workers/employees and relevant institutions shall be in charge of implementing this Prakas according to their respective roles from the date of signature.

 

 Place to receive:

- Office of the Council of Ministers

 

Phnom Penh, 13 June 2016

Minister

 

(signed and stamped)

Ith Sam Heng

 

 

 

 

-              Secretary General of the Royal Government

-              Cabinet of Samdech Akka Moha Sena Padei Techo Prime Minister

-              Cabinet of Samdech, Excellency, Lok Chumteav Deputy Prime Minister

-              Ministry of Economy and Finance

-              All relevant ministries

-              Municipal/provincial halls “for information”

-              All units under the supervision of the Ministry “for implementation”

-              Employer association and GMAC

-              All union federations “for dissemination”

-              All radios and televisions “for dissemination”

-              Official gazette

-              Archives

 

 

 

 

Annex of Prakas 220 KB/Br.K on Determination of Contribution Rate and Formality of Paying Contribution for Health Care Scheme

 

Table of Contributions on Health Care

 

 

 

Ranks   

Monthly Wage (in Riel)   Monthly Average Wage (in Riel) Contribution borne by each worker/employee (1.3%)              Contribution borne by the employer for each     worker/employee (1.3%)             

Total Contributions

1             less than 200,000             200,000               2,600     2,600     5,200

2             200,0001-250,000            225,000               2,925     2,925     5,850

3             250,001-300,000              275,000               3,575     3,575     7,150

4             300,001-350,000              325,000               4,225     4,225     8,450

5             350,001-400,000              375,000               4,875     4,875     9,750

6             400,001-450,001              425,000               5,525     5,525     11,050

7             450,001-500,000              475,000               6,175     6,175     12,350

8             500,001-550,000              525,000               6,825     6,825     13,650

9             550,001-600,000              575,000               7,475     7,475     14,950

10           600,001-650,000              625,000               8,125     8,125     16,250

11           650,001-700,000              675,000               8,775     8,775     17,550

12           700,001-750,000              725,000               9,425     9,425     18,850

13           750,001-800,000              775,000               10,075   10,075   20,150

14           800,001-850,000              825,000               10,725   10,725   21,450

15           850,001-900,000              875,000               11,375   11,375   22,750

16           900,001-950,000              925,000               12,025   12,025   24,050

17           950,001-1,000,000           975,000               12,675   12,675   25,350

18           from 1,000,001  1,000,000            13,000   13,000   26,000