Legal Document

Title: Law on Standards of Cambodia
Type: Regulation
Issuing Agency: Ministry of Industry and Handicraft
Responsible Agency: Ministry of Industry and Handicraft
Issuing Date: 23-06-2007

 

UNOFFICAL TRANSLATION

KINGDOM OF CAMBODIA

NATION - RELIGION - KING

 

នស/រកម០៧០៦/០១៣

 

LAW ON STANDARDS OF​​​​​​​ CAMBODIA

 

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1:      Scope

 

The scope of this Law shall cover all the activities related to standardization, quality assurance and related activities within the whole territory of the Kingdom of Cambodia.

 

Article 2:      Purposes

The purpose of this Law is

(a)      to improve the quality of products, services and management; (b)    to raise and rationalize production efficiency;

(c)      to ensure fair and simplified trade; (d)     to rationalize product use; and

(e)      to enhance consumer protection and public welfare.

 

Article 3:      Definition of Terms

The following words or terms shall have the following meanings and interpretations, unless a different meaning appears in other contexts:

 

Accreditation Body” means a body that conducts and administers an accreditation system and grants certificate of accreditation.

Accreditation” means a procedure by which an authoritative body gives formal recognition that a body or person is competent to carry out specific tasks.

"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 activity of establishing, with regard to actual or potential problems, provisions for common and repeated use, aimed at the achievement of the optimum degree of order in a given context. The above activity consists of the processes of formulating, issuing and implementing standards.

Cambodian Standard” means a standard approved by the National Standards Council and promulgated by Minister.

Mandatory Standard” means a standard that is strictly conformed to.

"Standard mark” means a Product Certification mark or Systems Certification mark.

Product Certification mark” means a mark indicating the conformity of a product to the requirements of a product standard consisting of Quality mark, Safety mark, Product Registration mark, etc...

Systems Certification mark” means a mark indicating the conformity of a management system to the requirements of a recognized national or international standard. Those standards can be Quality Management System, Environmental Management System, HACCP, etc...

License” means a license issued by the Institute as requested for the purpose of using Standard Mark.

"Certification " means a procedure by which a third party gives written assurance that a product, process, practice or service conforms to specified requirements. " third party ", in relation to certification, means body or person that is recognized as being independent of the parties involved, as concerns the issue in question.

"Conformity assessment” means any activity concerned with determining directly or indirectly that relevant requirements are fulfilled.

"Quality Assurance" means all planned and systematic activities implemented in a quality system to provide adequate confidence that a product or service will fulfill requirements for quality.

"Commodity” means any article, product or thing that is a subject of trade.

"Council” means the National Standards Council.

Institute” means the Institute of Standards of Cambodia.

Director” means the Director of the Institute of Standards of Cambodia.

"Inspector” means a person appointed by the Director for the execution of this Law.

"Minister " means  the  Minister  in  charge  of  Industry  and  control  of  the standardization and quality assurance.

 

CHAPTER II

THE INSTITUTE OF STANDARDS OF CAMBODIA

 

Article 4:

 

There shall be established an institute namely the Institute of Standards of Cambodia within the ministry in charge of industry. The Institute shall have its own specific seal.

The establishment and the functioning of the Institute shall be determined by a government sub- decree.

 

Article 5: Functions and Duties of the Institute

The main functions and duties of the Institute of Standards of Cambodia consist of the following:

to develop  national  standards  for  products,  commodities,  materials,  services, practices and operations, and promote general adoption of such standards;

to operate conformity assessment scheme in accordance with the provisions set out in this law;

to establish and maintain laboratories, libraries, facilities and other equipments for the purpose of furthering standardization and quality;

to  certify  the  conformity  of  products,  commodities,  substances,  materials  and equipments for local consumption or export according to the applicant’s request;

to certify the conformity to a safety standard for products, commodities, substances, materials  and  equipment  for  local  consumption  or  export  according  to  the applicant’s request;

to certify the conformity to the management system standards for production and service according to the applicant’s request;

to suspend, withdraw and cancel license of product standards mark or certificate of conformity or certificate of registration or management system, or certificate of registration or accreditation;

to undertake research in connection with standardization;

to provide educational, training and consultancy services to promote standardization and quality;

to recognize laboratories, facilities and other equipment of local or foreign entity, for the purpose of the Institute;

to provide for cooperation with any person, international organization or foreign association having objectives similar to those of the Institute;

to foster and promote the implementation of standards and standardization as a means of advancement in the national economy, health, safety and public welfare;

 to collaborate with  the  industrial, commercial and  trading  local  authorities and other organizations to ensure the implementation of standards.

 

Article 6: Management of the Institute

The Institute shall be managed by a Director in the rank of general director, who is suitably qualified, graduated in the technique and scientific area and at least five year experienced in standardization field.

The Director may have one or more deputy directors as necessary.

 

Article 7: Appointment of Inspectors

The Director may, as he thinks fit, appoint the staff of the Institute or other person who is suitably qualified to be inspector and shall provide him/her a mission order to indicate that he/she has been appointed as inspector to work for the purpose of this Law.

 

Article 8: Powers of Inspector

The inspection formality shall be determined as follows:

1. According to written letter of suggestion of Director, inspector may enter upon any premise by showing an authorized written letter to the responsible person in order:

(a) to examine and take sample of product or commodity or material or substance using or being suspected to be used in the manufacture,

(b) to open any package or container which contains or is suspected to contain such product or commodity or material or substance for the product or commodity :

- being applied for license, or

- being used standards mark without license, or

- having license, but suspected that being produced or processed in a production not conformed to relevant standards, or

- being required to conform to technical regulations.

 

2. Referring to paragraph (1) of this Article 8, inspector may:

a)  require the responsible person of manufacture to show book, notice, record, registry or other documents concerned,

b)  examine, record or make copies of documents pertaining to the licensed manufacture or product or commodity by requiring him to explain, and seize those documents in case of mistake,

c)  question all persons about information that he/she thinks necessary,

d)  require the relevant person to appear in front of him/her, at a fixed time and venue, to provide additional information.

 

3. Any inspector who performs his/her duties in the determined premises shall respect the general administration procedure on the examination.

4. Inspector shall make minutes and report on this examination activity.

5. The responsible person of the inspected premises shall at all-time provide facilitation to an inspector to perform duties in his/her premises.

 

Article 9:      Powers of Director and Staff of the Institute

The Director and staff of the Institute shall, before entering upon their duties, sign a declaration pledging to keep a secrecy during the performance of their duties or functions, for not to reveal any information, except:

- when required to do so by the Minister or in a court;

- in order to respect provisions of this Law or other law.

 

CHAPTER III

THE NATIONAL STANDARDS COUNCIL

 

Article 10:    Establishment of the National Standards Council

 

There shall be established a Council to be known as the National Standards Council having the Institute of Standards of Cambodia as secretariat.

 

Article 11:

The National Standards Council shall compose of:

- a representative of the Ministry of Industry, Mines and Energy as Chairman

- Director of the Institute of Standards of Cambodia as permanent Vice-Chairman

- a representative of the Ministry of Commerce as Vice-Chairman

- a representative of the Ministry of Agriculture, Forestry and Fisheries as Vice-Chairman

- a representative of the Ministry of Health as Vice-Chairman

- a representative of the Ministry of Environment as member

- a representative of the Ministry of Public Works and Transport as member

- a representative of the Ministry of Land Management, Urban Planning and Construction as member

- a representative of the Ministry of Economy and Finance as member

- a representative of the Ministry of Culture and Fine Arts as member

- a representative of the Ministry of Works and Vocational Training as member

- a representative of the Ministry of Tourism as member

- a representative of the Institute of Technology of Cambodia as member

- a representative of the Royal Academy of Cambodia as member

- a representative of the Royal Phnom Penh University as member

- a representative of the University of Health Sciences as member

- a representative of the Royal University of Agriculture as member

- a representative of the Cambodia Chamber of Commerce as member

- a representative of the Producer Association as member

- a representative of the Consumer Association as member, and

- a representative of other ministries - institutions as necessary as member.

 

The name of Chairman, Vice-Chairman and members of the Council shall be designated by the

Minister’s regulation.

 

A member of the Council shall, except he/she resigns or vacates his/her office or his/her appointment is revoked, hold office for a term of three years and may be eligible for reappointment of any successive period.

 

The member of the Council shall have the following qualifications:

- being a Cambodian citizen,

- never been convicted of a crime or misdemeanor,

- being graduated in sciences or engineering area, and

- having at least five years of professional experience.

 

Article 12:    Functions and duties of the Council

The National Standards Council shall have the following duties:

(a) to approve, amend and cancel any national standards;

(b) to approve, amend and cancel any standard marks ;

(c) to determine voluntary or mandatory standards or standards mark;

 

(d) to advise the Minister in respect of standardization priority and policy, programs, planning, projects and activities to ensure a maximum effectiveness;

 

(e) to  advise  and  recommend  to  the  Minister  on  the  effective  implementation  of standard for product, process, practice, testing and services, and approve on the programs,   planning,   projects   and   activities   in   order   to   promote   industrial development and effectiveness, and to protect consumers through standardization activities;

 

(f) to  advise  the  Institute  in  respect  of  criteria  and  procedures  relating  to  the preparation, approval, acceptance and selection of standards;

 

(g) to prepare internal rule for the functioning of the Council;

 

(h) to perform any other functions as determined or delegated by the Minister.

 

Article 13: Council meeting

The Council session may proceed unless having a quorum of fifty percent plus one amongst the total members. Every Council decisions shall be eligible unless with a vote of two third of voice of the present members in the due meeting, except with a vote of three fourth of voice of the present members for approving or amending national standards.

 

Article 14: Establishment of Committees

The Council may establish a number of committees for the discharge of its functions and duties or for any other purposes arising out or concerning its functions and duties. The Council may amend or cancel any decision made by a committee.

 

 

CHAPTER IV

CAMBODIAN STANDARDS

 

Article 15:

The Minister shall, by notifying in the Royal Gazette, declare any standard that has been approved by the Council to be a Cambodian standard for the purpose of this Law.

The Minister may determine the effective date of a standard, amend and withdraw a standard according to the recommendation of the Council.

The Minister shall cause the fact of the determination of the effective date of amendment and withdrawal of a standard by notifying in the Royal Gazette.

 

Article 16:

For the purpose of ensuring safety to prevent harmful effect which may affect the public or industry or national economy, any kind of products or systems shall conform to any specific standards, and the said standards shall be determined as mandatory standard according to the proposal of the relevant ministries/institutions and Council approval.

The determination of a mandatory standard shall be made by a ministerial technical regulation and the effective date shall not be less than sixty days from the date signed on the above regulation.

 

Article 17:

Prior to the issuance of ministerial regulation under Article 15 and 16 of this Law:

(a)      The Institute shall publish, at least in one daily newspaper in Khmer language for a period of not less than seven days, an announcement stating the intention of the declaration and a summary content of any standard. Any person wishing to protest shall submit his/her written protest to the Institute within thirty days from the date of publication;

(b)      The Institute shall report to the Council, and in such case, the Council shall proceed further if no protest;

(c)       In the case where a protest is received, the Institute shall submit the protest to the Council; (d)       The Institute shall post a notice at the Institute specifying the date, time and venue where a

hearing of the protest will be held by informing in written letter to the protester at least

seven days before the hearing date;

(e)      The Council shall provide an opportunity to all interested persons to attend and comment in the hearing;

(f)       If the protester did not attend in the hearing at the fixed time, the Council shall proceed as it thinks fit;

(g)      Where a decision has been made by the Council, the Institute shall post a copy of the decision at the Institute and send one copy thereof to the protester.

 

Article 18:

Any person, who is interested in the decision of the Council under paragraph (g) of Article 17 of this Law, shall protest against such decision to the Minister within thirty days from the date of posting of the decision copy at the Institute. The Minister shall send to the Council the protesting letter attached with his recommendation. The present decision of the Council shall be final.

The Minister shall inform the protester on the Council’s final decision.

 

Article 19:

Concerned ministries/institutions or organizations may propose the Council to establish a certain Cambodian standard. If the Council deems it is unnecessary, the Council shall explain the reason of refusal and inform them back.

 

CHAPTER V

CAMBODIAN STANDARD MARKS

 

Article 20:

Referring to the Article 22 of this Law and based on the approval of the Council, the Institute shall notify at least in one daily newspaper in Khmer language for a period of not less than seven days stating any standard marks which have been approved by the Council in respect of Cambodian standards for product or commodity or for the production, process, processing or treatment of any product or commodity or service, or for those systems.

A notification under paragraph 1 shall contain information in regard to the relevant standard in which the conformity shall be certified by any standard mark. Any person wishing to protest shall submit his/her written protest to the Institute within thirty days from the date of such notification.

The Institute shall report to the Council, and in such case, the Council shall proceed further if no protest. In the case where a protest is received, the Institute shall submit the protest to the Council. The Council shall consider the objection and investigate such objection and hold such inquiries if necessary.

If necessary to inquire, the Council shall inform in written letter specifying the date, time and venue for inquiry to the protester. The protester shall be entitled to be present at such inquiry point and to be witness on the Council decision.

The Council decision to the above objection shall be sent to the Institute for posting a copy at the Institute and another copy to all relevant persons.

 

Article 21:

Any person, who is interested in the Council’s decision under paragraph 5 of Article 20 of this Law, shall protest against such decision to the Minister within fifteen days from the date of posting the copy of the decision at the Institute. The Minister shall send the protesting letter to the Council attached with his recommendation. The present decision of the Council shall be final. The Minister shall inform the protester on the Council’s final decision.

 

Article 22:

No any standard mark, which is identical with any trademark registered in respect of any product or commodity under the Law concerning Marks, Trade Names and Acts of Unfair Competition, or which so nearly resembles to any such trademark as to be likely to mislead for it, may be declared as a standard mark prescribed under Article 20 of this Law.

No person may use any trade mark, which is identical with a standard mark prescribed under Article 20 of this Law or which so nearly resembles to a standard mark likely to mislead for it.

 

Article 23:

The Minister shall, referring to the Article 20, 21 and 22 of this Law and based on the request of the Council, issue a ministerial regulation, that shall be published in the Royal Gazette, on the authorization for use or cancellation or amendment of standard mark for a product or commodity or production, process, processing or treatment of that product or commodity or service or those management systems which will be effective from the date specified in the above regulation. The effective date  shall  not  be  more  than  three months from  the  date  of  the  issuance of  such regulation.

 

 

CHAPTER VI

PRODUCT LICENSE

 

Article 24:

Every application for a license shall be made in written letter to the Institute. No license shall be issued, unless the following conditions have been fulfilled:

Inspection and sampling for testing are found to conform to the relevant standard;

the applicant agrees to accept the general conditions attached to the license;

the applicant paid the license fee to the Institute as determined by joint ministerial regulation of the ministry in charge of industry and the ministry in charge of finance.

A license is valid for a period of three years and may be renewed for another three years if the terms and conditions of the license are properly followed.   .

In  case  of  an  application for  a  license is  refused, the  Institute shall  inform in  written letter concerning the refusal to the applicant for not more than seven days from the date of conformity assessment end.

 

Article 25:

Referring to Article 24 of this Law, any person, who manufactures or processes a product complied with an authorized standard which has already been into effect, may display the standard mark on product after having received a license from the Institute.

 

Article 26:

 

Where the mandatory standard has been declared subject to Article 16 of this Law and after the effective date specified in ministerial regulation, all production or continuation to produce any product or installation of any production line or import of any product shall conform to that mandatory standard.

 

Article 27:

The licensee shall display the license at a conspicuous place in the establishment specified in the license.

If the license is lost or materially damaged, the licensee shall apply for a duplicate license to the Institute within thirty days from the date of the knowledge thereof.

In case of moving of the establishment specified in the license or establishing a subsidiary or enlarging production, the licensee shall apply for a new license from the Institute before setting new operation.

The application and the issuance of a new license shall be in accordance with the rules and procedures of a license issuance.

 

Article 28:

In case of an application for a license under Article 24, 25, 26 and 27 of this Law is refused by the Institute, the applicant may, within thirty days after the date of the receipt of a refusal notice, protest to the Minister against such refusal. The decision of the Minister shall be final.

 

Article 29:

 

A cancellation of a license shall be done where:

- the licensee ceases his/her operation, or

- the licensee applies for ceasing the display of standard mark on product, or

- the notification or the notice on determination of any new standard or amendment of any standard or revocation of any standard relating to such kind of product comes into force.

 

Article 30:

Where the licensee ceases his/her operation, he/she shall inform the Institute in written letter within thirty days from the date of cessation thereof.

In case of determining a new standard or amending a standard, the licensee wishing to comply with the new standard or the amended standard shall submit an application for a license before the date on which the new or amended standard comes into force. After having submitted the application thereof, he/she can continue operation under the scope of previous license and standard within a period prescribed by the Institute not more than one year from the date on which the new or amended standard comes into force.

 

Article 31:

The Institute has the power to suspend a license for a period not more than three months one time when it is found that the licensee violates to the provisions or the ministerial regulations issued under this Law or the conditions prescribed by the Institute or that product did not comply with the specified standard.

Where a license for any product has been suspended, the licensee shall not show in any form that such product is still licensed.

If the person whose license has been suspended has corrected by complying with the provisions and regulations of this Law, the Institute may cancel the license suspension order before the end of the suspension period.

 

Article 32:

 

The Institute has the power to revoke a license when it is found that the licensee:

has committed a serious mistake in connection with the requirements of the terms and conditions for granting and using license; or

failed to fulfill the required terms and conditions within the suspension period; or

has committed a similar mistake within the past three years; or

failed to pay an annual license fee.

 

Article 33:

 

Before suspending a license under Article 31 or revoking a license under Article 32 of this Law, the Institute shall notify the licensee within fifteen (15) days in advance and indicate in such notification the reason for suspension or revocation.

 

Article 34:

A person, who did not agree about the suspension or revocation of a license under Article 31 and

 

32 of this Law may, within fifteen (15) days after the date of notification, protest in written letter against such suspension or revocation to the Minister. The protester may, during his protest, propose to the Minister to delay the date of suspension or revocation. The decision of the Minister shall be final.

 

Article 35:

A person whose license has been revoked in connection with a particular kind of products may not apply for a new license in connection with a product therewith in a period of six months from the date of revocation.

 

Article 36:

 

No person shall advertise for sale or sell any product on which the standard mark is displayed in violation to paragraph (2) of Article 22, Article 25 and 26 of this Law or that is a product or commodity on which the standard mark is displayed for which the license of standard mark is cancelled or suspended or revoked under Article 29, 31 and 32 of this Law.

 

Article 37:

The cancellation of a license under Article 29 and the revocation of a license under Article 32 of this Law shall be publicly declared by the Institute.

 

 

CHAPTER VII

SYSTEMS CERTIFICATION

 

Article 38:

Any organization desiring to obtain a system certificate shall apply to the Institute.

 

The applicant shall pay a certification fee to the Institute as prescribed by a joint ministerial regulation of the ministry in charge of industry and the ministry in charge of finance.

 

After following the procedures successively, the Institute shall assess the conformity of the applicant’s management system to the requirements of the relevant standard.

 

After the approval of the Institute, the organization stated in paragraph 1 of this Article shall be issued with the relevant system certificate subject to such terms and conditions as prescribed by the Institute.

 

A system certificate shall be valid for a period of three (3) years but so long as the terms and conditions of the certificate are followed, such system certificate may be renewed for another three year period.

 

An organization applying for a system certification and every certified organization shall submit:

-   all documents for assessment or examination, and

-   information relating to the process or preparation, application for or obtaining of such certificate, if required by the Director.

 

The  Institute  shall  produce  a  registry  in  which  the  details  of  all  certificates  granted  are recorded. Such registry shall be opened at the Institute for examination by the public.

 

Article 39:

A certificate holder shall use a system certificate or a systems certification mark to indicate that the management system of his/her organization conforms to the requirements of a specified standard after auditing and receiving a certificate from the Institute under Article 38 of this Law.

 

Article 40:

The Institute has the power to suspend any system certificate for a period not more than six (6)

months in the following cases:

- It is found that terms and conditions for issuing and using certificate are no followed; or

- System certificate or system certification mark is not properly used.

 

Where any system certificate has been suspended, the certificate holder may not show in any form that such management system is still certified.

 

If the organization in which the system certificate is suspended has properly implemented the corrective action, the Institute may cancel the certificate suspension order before the end of the suspension period.

 

Article 41:

The Institute has the power to revoke a system certificate in the following cases:

-         it  is  found that  organization has  committed a  serious mistake in  connection with  the requirements of terms and conditions for granting and using of certificate; or

-   a certificate holder violates to the provisions or ministerial regulations issued under this Law or terms and conditions prescribed by the Institute or it is found that such system did not comply with the relevant standard; or

-    failed to pay an annual certification fee; or

-    violated to any provisions stipulated in certification agreement; or

-  failed to fulfill adequately any corrective actions within the suspension period. The above certificate revocation shall be publicly declared by the Institute.

Article 42:

Before suspending a system certificate under Article 40 or revoking a system certificate under Article 41 of this Law, the Institute shall inform the certificate holder about its intention within fifteen (15) days in advance and indicate in such information the reason for suspension or revocation.

 

Article 43:

No person shall advertise the obtaining of any system certificate without conforming to the terms and conditions under Article 38 or use a mark in violation to paragraph 2 of Article 22 of this Law or the certificate of his organization has been suspended or revoked under Articles 40 and 41 of this Law.

 

CHAPTER VIII

ACCREDITATION AND REGISTRATION

 

Article 44:

There shall apply for an accreditation or registration certificate to the Institute for any person or organization desiring to be accredited or registered. Those persons or organizations may be:

(a) conformity assessment body;

(b) testing or calibration laboratory;

(c) conformity assessment training body;

(d) any person having qualification in operating conformity assessment and other services. Applicant shall pay an accreditation and registration fee to the Institute as prescribed by a joint

ministerial regulation of the ministry in charge of industry and the ministry in charge of finance.

 

After following the procedures successively, the Institute shall accredit the organization or register the person as stipulated in paragraph 1 of this Article against the requirements of relevant standards.

 

After the approval of the Institute on the application, the organization or person described in paragraph 1 of this Article shall receive the accreditation or registration certificate subject to follow terms and conditions prescribed by the Institute.

 

An accreditation or registration certificate is valid for three (3) years but so long as the terms and conditions are followed, such certificate may be renewed for another three (3) year period.

 

Any person or organization applying for a registration or an accreditation certificate and every certified person or organization shall submit:

 

-   all documents for assessment or examination, and

-   information relating to  the  process or  preparation, application or  obtaining of  such certificate if required by the Institute,.

 

The Institute shall produce a registry in which the details of all granted accreditation or registration certificates are recorded. Such registry shall be opened at the Institute for examination by the public.

 

Article 45:

A certificate holder may use an accreditation or a registration certificate to indicate that he/she or his/her organization conforms to the requirements of a specified standard after auditing and obtaining a registration or an accreditation certificate from the Institute under Article 44 of this Law.

 

Article 46:

The Institute has the power to suspend granted accreditation and registration certificate in a period less than six (6) months or revoke or cancel if the terms and conditions attached in the certificate are not followed, but the certificate holder may protest to the Minister to have final decision.

If the organization in which the certificate has been suspended has properly implemented the corrective action, the Institute may cancel the certificate suspension order before the end of the suspension period.

Where any accreditation or registration certificate has been suspended or revoked, the certificate holder shall not show in any manner that he/she or his/her organization is still being certified.

 

CHAPTER IX

OTHER PROVISIONS

 

Article 47:

Product or process complied with any standard or be applied by any mark other than the standard mark prescribed in this Law shall not be subject to argue to protest against the provisions of this Law.

 

Article 48:

No person or organizations shall advertise the obtaining of any system certificate even though they have been certified by any local or foreign certification body unless they have been registered and received a visa from the Institute.

 

Article 49:

The following activities shall be prohibited:

(a) doing business for which it is formed under a name containing the word "Cambodian Standard" or an abbreviation “ISC”;

(b) registering any trademark containing the word Cambodian Standard under the Law concerning Marks, Trade names and Acts of an Unfair Competition ;

(c) printing or copying Cambodian standard documents without authorization from the Institute,

 

CHAPTER X

PENAL PROVISIONS

 

Article 50:

Any person, who uses trade mark identical to or so nearly resembles to the standard mark declared under Article 20 of this Law or likely to make confusion to the standards mark, shall be liable to imprisonment for a term from six days to one month and to a fine from five hundred thousand Riels to two million Riels or one of them.

 

Article 51:

The licensee who did not displayed the license at a conspicuous place in the establishment specified in the license, or did not applied for a duplicate license to the Institute within thirty days from the date of the knowledge of loss or damage, or did not applied for a new license before his

 

operation where his establishment is changed or established new branch or extended production, shall be liable to a fine from five hundred thousand Riels to two million Riels.

 

Article 52:

Any person, who advertises the obtaining of any system certificate without registering in and receiving a visa from the Institute, shall be liable to a fine from five hundred thousand Riels to two million Riels.

 

Article 53:

Any person, who does business for which it is formed under a name containing the word "Cambodian Standard" or an abbreviation “ISC” without authorization, shall be liable to imprisonment for a term from six days to one month and to a fine from five hundred thousand Riels to two million Riels or one of them.

 

Article 54:

Where the new or amended standard is approved, the licensee, who delays to use a standard mark complied with the old standard without permission from the Institute or uses it over the date specified by the Institute, shall be liable to fine from one million Riels to five million Riels.

 

Article 55:

Any person, who manufactures or processes or imports or advertises for sale or sells any product attached by a counterfeit standard mark to mislead the public to believe that the product has a license and complies with Cambodian standard, shall be liable to imprisonment for a term from one month to three months and to a fine from two million Riels to six million Riels or one of them.

 

Article 56:

Any person, who publishes or uses counterfeit system certificate or system certification mark to mislead the public to believe that the systems has been certified, shall be liable to imprisonment for a term from one month to three months and to a fine from two million Riels to six million Riels or one of them.

 

Article 57:

A person or an organization, who publishes or uses counterfeit accreditation or registration certificate to mislead the public to believe that the person or organization has been accredited or registered, shall be liable to imprisonment for a term from one month to three months and to a fine from two million Riels to six million Riels or one of them.

 

Article 58:

Any  person,  who  prints  or  copies  Cambodian  standard  without  having  permission  from  the Institute, shall be liable to imprisonment for a term from one month to three months and to a fine from two million Riels to six million Riels or one of them.

 

Article 59:

Any person, who manufactures or processes or imports or advertises for sale or sells any product covered by mandatory standard as specified in Article 26 of this law and after the effective date of mandatory standard came into force as specified in the ministerial regulation, did not display standard mark or had not license or did not comply with the mandatory standard, shall be liable to  imprisonment for a term from one month to one year and to a fine from two million Riels to twenty four million Riels or one of them.

 

Article 60:

Any person, who advertises for sale or sells any product using or displaying standard mark when knowing that license is cancelled or suspended or revoked, shall be liable to imprisonment for a term from one month to one year and to a fine from two million Riels to twenty four million Riels or one of them.

 

Article 61:

Any certificate holder, who still declares or shows in a manner that the management system has been certified, in case of system certification is suspended or revoked, shall be liable to imprisonment for a term from one month to one year and to a fine from two million Riels to twenty four million Riels or one of them.

 

Article 62:

Any person, who advertises or uses accreditation or registration certificate when those certificates are suspended or cancelled, shall be liable to imprisonment for a term from one month to one year and to a fine from two million Riels to twenty four million Riels or one of them.

 

Article 63:

The court may, in addition to any other penalty, decide to seize all or any part of products for any person who violates the Article 59 and Article 60 of this law.

 

Article 64:

In case of repeated offense under Article 50, Article 51, Article 52, Article 53, Article 54, Article 55, Article 56, Article 57, Article 58, Article 59, Article 60, Article 61 and Article 62 of this law, the certificate holder or licensee shall be doubly liable to both fine and imprisonment not including yet serious crime causing hazard to health, safety or life of consumers.

 

Article 65:

Any person, who obstructs an inspector while performing duties, shall be liable to a fine from one million Riels to five million Riels.

 

Article 66:

Any person, who fakes as an inspector, shall be liable to imprisonment for a term from one month to one year and to a fine from five hundred thousand Riels to two million Riels or one of them.

 

Article 67:

An inspector as specified in Article 7 of this law shall be punished against administrative penalty.

An inspector shall be responsible for the negligence causing wrongdoing and other consequences which are contrary to the provisions of this law.

The above specified administrative penalty shall not be an obstacle for appealing if the offense has been done.

 

Article 68:

The administrative penalty to be done for an inspector shall include the following:

a)  administrative penalty of the first degree shall comprise of a warning or a reprimand from the Director.

b)  administrative penalty of the second degree shall comprise of a suspension of salary and other benefits for six months or more.

c)  administrative penalty of the highest degree shall comprise of the removal of duties or position or removal from the civil service.

The above enumerated administrative penalty shall not exclude other criminal penalties.

 

CHAPTER XI

FINAL PROVISIONS

Article 69:

Any provisions that contradicts this Law shall be considered as null and void.

 

 

 

 

Phnom Penh, 23 June 2007

King's Signature

 

NORODOM SIHAMONI

 

Have submitted for the King's Signature

 

Prime Minister Signature

 

 

HUN SEN

 

Have informed to the Prime Minister Ministry of Industry, Mines and Energy Signature

SUY SEM

List Measures/Standards

Name Description Status Measures/Standards Measure Class
All products and systems must conform with mandatory standards of relevant ministries For ensuring safety and to prevent harmful effects to the public, industry, or national economy, all kinds of products or systems shall conform to Cambodian Standard (ISC) approved by the National Standard Council and promulgated by the Minister Active Measure Goods
Requirement to ensure no trade mark which is identical with a standard marker or which so nearly resembles to a standard mark is utilised. No standard mark which is identical with any trademark registered in respect of any product or commodity under the Law concerning Marks, Trade Names and Acts of Unfair Competition, or which so nearly resembles to any such trademark as to be likely to mislead for it, may be declared as a standard mark prescribed under Article 20 of this Law. Active Measure Goods
Requirement to obtaing a license prior to displaying standard mark Any person who manufactures or processes a product must comply with an authorized standard and display the standard mark on the product after having received a license from the Institute of Standards of Cambodia Active Measure Goods
Requirement to obtain license to use standard mark for any products or commodities For ensuring safety and to prevent harmful effect, which may affect the public, industry, or national economy any kinds of products or systems shall conform to Cambodian Standard (ISC) approved by the National Standard Council and promulgated by the Minister Active Measure Goods
Requirement to obtain license to use standard mark for any products or commodities For ensuring safety and to prevent harmful effect, which may affect the public, industry, or national economy any kinds of products or systems shall conform to Cambodian Standard (ISC) approved by the National Standard Council and promulgated by the Minister Active Measure Goods
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