Legal Document

 

Unofficial Translation

 

KINGDOM OF CAMBODIA

NATION RELIGION KING

 

The Royal Government

N0. 42/ANK/BK

 

Sub-Decree

On

Industrial Standards Of Cambodia

 

The Royal Government

 

- Having seen the Constitution of the Kingdom of Cambodia;

- Having seen  Reach Kret N0. NS/ RKT/1198/72 of November 30, 1998 regarding the establishment of the Royal Government of Cambodia;

- Having seen Reach Kram N0. 02/NS/05 of January 24, 1996, promulgating the Law on the Establisment of the Ministry of Industry, Mines and Energy;

- Having seen Reach Kram N0. NS/RKM/0600/001 of June 21, 2000, promulgating the

Law on the Control of Quality and Safety of Products, Goods and Services;

-   Having seen Anukret N0. 35/ANK/BK of April 26, 1999 on the Organization and

Functioning of the Ministry of Industry, Mines and Energy;

-   Pursuant to the proposal of the Council of Ministers  at its plenary session of April 27, 2001;

 

Chapter  I  - GENERAL PROVISIONS

 

Article 1

This Sub-Decree determines the management of Standardization in the field of Industry which has been under the leading competence and managing of the Ministry of Industry, Mines and Energy.

 

Article 2

The purposes of this Sub-Decree are:

- to increase the capability for management of industrial production and to provide confidence for investors with fulfilling the potential of free economic market,

- to improve the quality of industrial products,

- to raise industrial production efficiency and to rationalize production,

- to ensure fair and simplified trade,

- to enhance the public welfare.

 

Article 3

Interpretation of some vocabularies used in this Sub-Decree:

Applicant: means a person or a firm seeking a license or certificate of registration under this Sub-Decree.

Standard: means a document, established by consensus and approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for activities or their results, aimed at the achievement of the optimum degree of order in a given context;

Standardization: means the activities of establishing standards;

Draft standard: means a proposed standard that is available for comment;

Compulsory standard: means a standard, which is required to implement;

License: means a license issued on the request of an applicant to use industrial standards or marks;

Certificate of Registration: means a certificate issued to recognize that the quality system or environmental system operated by a firm has been assessed and complied with the requirements of the standards ISO 9000 series and ISO 14000;

Mark: refers to the Mark of Industrial Standards,

Laboratory accreditation system: means a system which provides for independent  assurance  of  the  competence  of  laboratories  and  of  the validity of calibration or test data that they produce.

 

Chapter II - DUTY AND MANAGEMENT

 

Article 4

The Ministry of Industry, Mines and Energy shall be in charge of managing on standardization through the determination of this Sub-Decree.

 

Article 5

In order to manage standardization, the Ministry of Industry, Mines and Energy shall implement its duties as the following:

- to promote standardization by publishing in Bulletin or Gazette and other means for the publicity in the country and worldwide;

- to advise on  a procedure of an application for license or management systems certification of firm in compliance with the requirements of the standards ISO 9000 series or ISO 14000;

- to examine, test, or analyze articles, products, materials and substances used in  production of the industrial field    to implement conformity assessment;

- to cooperate with any Institution concerned to establish measures for safeguarding the country against the dumping of inferior quality goods as well as unsafe;

- to  issue  a  License  or  a  Management  System  Certification  of  the standards ISO 9000 series or  ISO 14000;

- to provide technical information on standardization;

- to  prepare,  frame,  amend,  and  to  revise  Industrial  Standards  of Cambodia;

- to assist in the establishment of a Laboratory Accreditation System;

- to  provide  the  using  of  the  Mark  of the  Industrial  Standards  of Cambodia;

- to organize the training program on standardization for officials and personals from  governmental     institutions  and  private  sectors  at national and regional or international level;

- to cooperate with foreign  standards bodies, regional standards bodies and International Organization for Standardization;

- to cooperate with  ministries or other competent institutions concerned, if it is necessary, to inspect companies and manufactures;

- to cooperate  with  institutions  concerned  to  protect  the  consumers against health hazards, especially on safety;

- to cooperate with, and coordinate in conformity assessment stipulated in the ASEANs Mutual Recognition Arrangement as well as in the International Agreement;

- To joint internationally in respect of matters relating to standardization and standards harmonization.

 

Article 6

The procedure of application for a License or Certificate of Registration and a validity of the use shall be determined by the notice of the Ministry of Industry, Mines and Energy.

 

Article 7

The Ministry of Industry, Mines and Energy shall cooperate with other ministries and institutions concerned to appoint an Industrial Standards Technical Committee for assisting in matters relating to standardization.

 

Article 8

The Members of Industrial Standards Technical Committee shall have the knowledge and experiences in the field concerned and they are from:

- The Ministry of Industry, Mines and Energy                      Chairman

- The Ministry of Commerce                                                 Member

- The Ministry of Agriculture, Forestry and Fishery            Member

- The Ministry of Health                                                        Member

- The Ministry of Environment                                              Member

- The Ministry of Public Works and Transport                     Member

- The Ministry of Land Management, Urban Planning        Member

and Construction

- The Royal Academy                                                            Member

- The Royal Phnom Penh University                                     Member

- The University of Health Sciences                                      Member

- The Royal University of Agriculture                                  Member

- The Institute of Technology of Cambodia                          Member

- The Cambodia Development Resource Institute                 Member

- The Chamber of Commerce                                                Member

- The Consumers Association                                                Member

- The Producers Association                                                  Member

 

The notice of the Ministry of Industry, Mines and Energy shall determine the arrangement and execution of the Industrial Standards Technical Committee.

 

Article 9

The Industrial Standards Technical Committee shall execute duties which are related to the assessment of subjects concerned in industrial standardization and standards harmonization.

 

 

Chapter III- STANDARDIZATION AND QUALITY ASSURANCE

Article 10

1- Where the Ministry of Industry, Mines and Energy intends to establish a standard, it shall, by public notice, declare a draft standard.

2-  Any interested person may, within forty five days from the publication of the notice under Article 10-1, lodge with the Ministry of Industry, Mines and Energy a written objection and representation concerning the draft standard.

3-  Any concerned person may inspect the particulars of a draft standard at the Ministry of Industry, Mines and Energy.

4-  The Ministry shall, by public notice, declare a document as a standard after

(a)  forty five days from the publication of a notice under Article 10-1 ; and

(b)  it has given due consideration to any objection or representation made under Article10-2.

5-  An official standard shall be declared through the notice of the Ministry of Industry, Mines and Energy.

 

Article 11

1-  Where the Ministry of Industry, Mines and Energy  intends to amend, revise or withdraw a standard, it shall, by public notice, declare its intention to do so.

3-  Any concerned person may inspect the proposed amendment or revision of the standard at the Ministry of Industry, Mines and Energy.

4-  The Ministry of Industry, Mines and Energy shall, by public notice, declare an amendment, revision or withdrawal of a standard after-

(a) Thirty days from the public notice under Article11-1; and

(b) it has given due consideration to any objection or representation made Under Article11-2.

5-  An amended or revised standard shall be declared through the notice of the Ministry of Industry, Mines and Energy.

 

Article 12

All Industrial Standards Marks which are officially recognized shall be of such design and contain such words, figures, colors or symbols as may be determined in the notice of the Ministry of Industry, Mines and Energy.

 

Article 13

1-  An applicant for a License in respect of a commodity or process shall make, on the prescribed form,  an application to the Ministry of Industry, Mines and Energy. The Ministry may request for such additional information or send Competent Official for inspection into due place, if it is necessary.

 

2-  On receipt of an application under Article 13-1, the Ministry of Industry, Mines and Energy may, if it is satisfied that the commodity or process to which the application  relates conforms to the standard, grant a License to the applicant to use the mark subject to such terms and conditions of the use of a License as prescribed in the notice of the Ministry.

 

3-  The Ministry of Industry, Mines and Energy has the power, at any time –

(a) suspend a License for a period not exceeding six months; or

(b) revoke a License.

 

4-  Before suspending or revoking a License, the Ministry of Industry, Mines and Energy shall –

 

(a)  give to the Licensee a fifteen days’ notice of its intention;  and

 

(b)  specify in the notice the ground upon which it proposes to suspend or revoke the License.

 

5-  The Ministry of Industry, Mines and Energy may, by written notice, require a Licensee –

a) to transmit a sample of any commodity in respect of which a License has been issued to such person and within such period as may be specified in the notice; or

 

(b) to furnish to the Ministry such information relating to the commodity or processing or treatment of the commodity, within such period as may be specified in the notice.

 

6-  No person shall, in connection with the sale of any commodity, directly or indirectly, refer to an Industrial Standard of Cambodia  in a manner likely to convey                         the  impression  that  the  commodity  complies  with,  unless  that commodity has been manufactured under the License and bears the Industrial Standard Mark stipulated in Article 13-2.

 

7-  Notwithstanding Article 13-6, any person required to make a statement in a contract,  tender,  quotation  or  other  similar  document  as  to  the  question whether any commodity offered or supplied by him complies with or has been manufactured in accordance with a particular standard, may make such a statement in writing to the Ministry of Industry, Mines and Energy.

 

 

Article 14

1-  The  Licensee  shall  display  his  License  at  a  conspicuous  place  in  the Establishment specified in the License.

2-  If the License is lost or materially damaged, the Licensee shall apply for a substitute of License to the Ministry of Industry, Mines and Energy within thirty days from the date of the knowledge thereof.

3-  The moving of the Establishment specified in the License may be made, but the Licensee shall inform to the Ministry of Industry, Mines and Energy.

 

Article 15

 

1-  The validity of a License which is issued by the Ministry of Industry, Mines and Energy is three years period and it may be continued the same period depending  on  a  new  applying  for  and  on  correct  implementation  of  the Licensee on the determined condition.

2-  The transfer of a License may be made.  The procedure of the License transfer shall be determined by the notice of the Ministry of Industry, Mines and Energy.

3-  A License expires when:

(a) the License validity   passed;

(b) the Licensee ceases his operation;

(c) the notification of determining a new standard, amending and revoking the standard in connection with such kind of industrial products comes in to force.

-  When  the  Licensee  ceases  his  operation,  he  shall  notify  the  Ministry in writing not exceeding the period of thirty days from the date of cessation thereof.

 

Article 16

The procedure concerning Certificate of Registration is:

1-  Any applicant for a Certificate of Registration under the management  system of the standards ISO 9000 series and ISO 14000 certification scheme shall make,  on  the  prescribed  form,  an  application to the Ministry of Industry, Mines and Energy who may request for such additional information, as it thinks fit.

2- On receipt of an application under Article 16-1, the Ministry of Industry, Mines and Energy may, if it is satisfied that the application form of the firm fulfills and   complies with the relevant standard and has the conforming document from any institution concerned, grant a Certificate of Registration to the applicant subject to such terms and conditions of the use of Certificate as prescribed in the notice of the Ministry of Industry, Mines and Energy.

3-  In the case of the holder of Certificate of Registration did not comply with the requirements of Management Systems, the Ministry of Industry, Mines and Energy may suspend a Certificate of Registration for a period  not exceeding six months or revoke it.

4- Before suspending or revoking a Certificate of Registration, the Ministry of Industry, Mines and Energy shall give the holder of Certificate of Registration a fifteen days’ notice of its intention and specify in the notice any ground upon which it proposes to suspend or revoke the License.

 

Article 17

The  Ministry  of  Industry,  Mines  and  Energy  shall  issue  a  notice,  to  be published in the Gazette and by other means,  relating to the grant, suspension and revocation of Licenses and Certificates of Registration.

 

Article 18

1-  Any  person who disagrees with the decision of the Ministry of Industry, Mines and Energy  in –

(a) refusing or disagreeing with an application for a License or  Certificate of Registration,

(b) suspending or revoking a License or  Certificate of Registration, may  appeal  to  the  Ministry  which  may  confirm,  amend  or  set  aside  this decision.

2-  An appeal shall be lodged within fifteen days of the date on which the decision of the Ministry of Industry, Mines and Energy has been communicated to the Applicant or to the holder of  License or  Certificate of Registration.

3-  A decision of the Ministry of Industry, Mines and Energy to suspend or revoke a License or Certificate of Registration issued to any person  shall not be withheld by reason of an appeal under Article 18 -1.

 

Article 19

1-  The  Ministry  of  Industry,  Mines  and  Energy  may,  subject  to  the  other provisions of this Article by public notice, declare a standard to be a Compulsory Standard with effect from the date referred to in that notice.

2-  Where  the  Ministry  of  Industry,  Mines  and  Energy  intends  to  declare  a standard to be a Compulsory  Standard, it shall,  in a public notice –

(a) Declare its intention;

(b) require  an  interested  person  to  lodge  objections  in  writing  to  the Ministry of  Industry, Mines and Energy not later than sixty days   after the  publication date.

3- Where an objection is made under this Article, the Ministry of Industry, Mines and Energy shall –

(a) Require the person objecting to furnish further particulars of the grounds for objection; and

(b)  Deal with the objection by an appropriate consideration.

4- Where a Compulsory Standard has been declared, every person concerned at any stage of the production shall ensure that the Compulsory Standard is complied with.

5- Where a Compulsory Standard has been declared or a standard has been otherwise  made  compulsory  by  another  enactment,  the  Ministry  may,  by public notice, require local manufacturers to apply for a License for the production of commodities or for the processes referred to in the standard, as from the date specified in the notice.

6- Where the Compulsory Standard has been declared under Article 19-5, no local manufacturer shall produce or continue to produce any commodity, or engage in any process referred to in the standard after the date specified in the notice unless he has applied for, and obtained, the relevant License from the Ministry of Industry, Mines and Energy.

7- If it is necessary, the Ministry of Industry, Mines and Energy may withdraw any notice issued under Article 19-1 or 19-5.

8- The Compulsory Standard which is related to the food safety shall be referred to in the state determination.

 

Article 20

An Applicant shall pay the service fee to apply for a License or Certificate of Registration in accordance with the joined notice   of the Ministry of Industry, Mines and Energy and the Ministry of Economy and Finance

Chapter IV –   POWERS OF COMPETENT OFFICIAL

 

Article 21

A Competent Official shall –

1- at all reasonable times and process time,   enter all premises of a production place of companies, factories and enterprises which have received a License or Certificate of Registration, or process of the production  in  relation  to  which  the  Mark  is  used,  to  control  the premises which are reasonably suspected of being manufactured, produced, treated or stored for the purpose of any trade or business;

2-  inspect and take samples from the premises of the production :

(a)-  commodity in relation to which the Mark is used,

(b)-  material or substance used or suspected that its quality does not meet the prescribed standards;

3-  open any package or container on suspected premises;

4-  enter all premises where there is a Compulsory Standard or Mark for any product or process, and inspect any operation carried out in connection with the manufacture, production or treatment of the commodity;

5-  seize industrial products in the case  there is a cause to believe that :

(a) the industrial products do not conform to Industrial Standards of Cambodia,

(b)  the industrial  products  have  been applied with the standard mark in making violation or to mislead the public;

6-  require any person to produce any document which is in his possession or custody and which relates to a commodity or process specified in Article 21-1 ;

7- examine, make copies of, or take extracts from, any document specified in Article 21-6 or take  photos where there is necessity to keep as evidence.

 

Article 22

For the seized industrial products under Article 21-5, the Ministry of Industry, Mines and Energy shall have the following power:

1- in the case where the Licensee violates Article 13-1  or in the  case of failing to comply with Article 13-6 , the Ministry of Industry, Mines and Energy may order  that the Mark of Industrial Standards be removed;

2- in the case of the Mark of Industrial Standards cannot be removed, the Ministry of Industry, Mines and Energy shall organize the procedures through the law which comes in to force.

In all cases, the expenses shall be borne by the Licensee or manufacturer as the case may be.

Chapter V – MISCELLANEOUS PROVISIONS

 

Article 23

Any  commodity  or  process conformed  to  a  standard,  or  a  mark    used  in connection with any commodity or process shall not give rise to any claim against the provision of the Ministry of Industry, Mines and Energy.

 

Article 24

Confidentiality:

1- Except for purposes connected with the administration of this Sub-Decree, no person shall disclose any matter which comes to his knowledge in the course of the exercise of any functions or mission which relates to any formula, manufacture, process or treatment under this Sub-Decree.

2- The disclosure to the Ministry of Industry, Mines and Energy for the purposes of the administration of this Sub-Decree, of any information relating to any formula, manufacture, process or treatment shall not prejudice any application subsequently made for a patent under the law relating to the protection of Intellectual Property.

 

Article 25

No person shall, except with the Ministry's written consent, for the purposes of any trade or business, use a name which similarly contains  the word “ Industrial Standards of Cambodia   ( ISC ) “ or any other mark likely to lead people to believe that reference is made to an Industrial Standards of Cambodia.

 

Chapter VI- PUNISHMENT

Article 26

Any person who fails to comply with the regulations, rules and conditions under this Sub-Decree shall be deemed to commit an offence.

 

Article 27

Any person who fails to comply with Article 14 shall be liable to a fine from 250, 000 up to 500,000 Riels.

 

Article 28

Any Licensee who fails to comply with Article 15 shall be liable to a fine from 300,000 up to 600,000 Riels.

 

Article 29

Any person who violates the Articles 19-4, 19-5, 19-6 shall be liable to a fine from 1,000,000 up to 2,000,000 Riels.