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This Sub-Decree is for the purpose of providing all members of the National Social Security Fund ("NSSF") disease prevention services, health treatment and medical care services as well as a daily allowance during sick leave for disease treatment or any accident other than work-related accidents and maternity leave.
This Sub-Decree is applicable to all persons subject to the Labor Law including NSSF members suffering from permanent disability, the spouse and children of NSSF members, and survivors of NSSF members who have passed away from occupational risks.
Employers and workers, being subject to this Sub-decree, are obliged to contribute payments for the social security health care scheme to NSSF.
In accordance with the Sub-Decree No.171SD.P dated 11 December 2015 on the Implementation of the Schedule on Reduction and/or Elimination of Custom Duties in Cambodia, the General Department of Customs and Excise of Cambodia has announced that such Schedule must be implemented from 10 January 2016, and that it will be a non-retroactive implementation. Such implementation will apply only to the importation of goods which originate from any member State of ASEAN.
The Stamp Duty Tax or Registration Tax, which is 4% of the value of the immovable property or the agreed price of the immovable property, on the transfer of ownership right or possessory right over immovable property between father/mother and child, husband and wife, and grandmother/grandfather and grandchild is exempted. However, the implementation of this exemption is not retroactive to any stamp duty tax payment made before the issuance of this Decision.
Under this Sub-Decree, the tariff rate for exportation of rubber products is calculated based on the method of "Unilateral Tax", which means a relief rate agreed or granted by parties regardless of other provisions of law or treaty, as follows:
- Non-taxable if the taxable value export is less than US$1,000 per ton;
- Taxable for US$50 per ton if the taxable value export is from US$2,000 but lower than US$3,000 per ton;
- Taxable for US$150 per ton if the taxable value export is from US$3,000 but lower than US$4,000 per ton;
- Taxable for US$300 per ton if the taxable value export is from US$4,000 per ton.
This Sub-Decree must be implemented from 1 March 2016.
In order to prevent the infringement of the intellectual property rights, the Ministry of Commerce issued this notification to prohibit all enterprises and companies from using the emblem as well as the "Olympic" name of the International Olympic Committee and National Olympic Committee of Cambodia without any authorization.
In accordance with article 6ter (3)(a) of the Paris Convention for the Protection of Industrial Property and article 4(d) of the Cambodian Law on Mark, Trade Name and Unfair Competition, the owner of the protected mark can bring actions to the competent court or relevant ministry against any person who uses or copies the protected mark without any authorization and such person can be sentenced to a fine and/or imprisonment.
The Cambodian system of taxation has seen a major overhaul in a concerted push towards modernization over the past two years. The government's recently launched taxation strategy aims to increase revenues "by improving transparency, efficiency and equity of the tax system, and monitoring tax collection more closely". With a view to further these objectives, the National Assembly and the Senate adopted the Law on Financial Management for 2016, which was promulgated by Royal Kram No.NS/RK/1215/016 on 17 December 2015.
The most conspicuous and salient feature of this piece of legislative reform has been the discontinuance of the Estimated Regime of Taxpayers, and the mandate for reclassification of all eligible taxpayers under the Self-Assessed Regime (or the Real Regime of Taxpayers). Pursuant to this, the Ministry of Economy and Finance issued Prakas No.1819MEF.P on the Classification of Taxpayers in the Self-Assessment Regime, and Prakas No.1821MEF.P on the Procedure for Management of Patent Tax Collection. The proclamations categorize the taxpayers for Cambodian Tax purposes, and determine the new amounts of Patent Tax applicable on such categories, respectively.
On 29 December 2015, the Ministry of Commerce ("MOC") issued a Prakas requiring all companies, enterprises, branches, representative offices and subsidiaries, which are registered in Cambodia before 4 January 2016, to re-register through the MOC's recently launched website.
The online re-registration process requires each company or entity to fill-in information and to upload necessary documents to the business registration website of the MOC, which is www.businessregistration.moc.gov.kh. The application and documents uploaded to the website will be carefully reviewed and examined by the MOC officials. All communications will be made via emails to the applicants. The Prakas requires all companies/entities to complete their online re-registration from 4 January 2016 until 31 March 2016. Within this period, the online re-registration will be free of charge.
Once the re-registration is complete, the company will be provided with its new commercial registration number and an electronic Certificate of Incorporation. The new Certificate of Incorporation will be valid in perpetuity.
It has been 16 months after the Ministry of Economy and Finance ("MEF") issued Prakas No.1139 dated 9 October 2014, which requires all entities registered with the General Department of Taxation ("GDT") or any relevant tax authority before 1 November 2014 to update their information at the National Tax School ("NTS") or the relevant tax branch office.
Since there are some entities that have not completed this update, the GDT on 26 February 2016 extended for the third time the deadline for the completion of tax update to 31 May 2016. Along with this extension, the GDT also indicated the place or tax authority for the entities to conduct this update with. For entities registered with the Department of Large-Taxpayer of the GDT, the tax update must be completed at the sixth floor of the NTS. For entities governed by any provincial or district tax branch office, the entities must complete the tax update at their relevant provincial or district tax branch office or the NTS.
Any enterprise or company that fails to conduct its tax update within this new deadline will be subjected to one or more of the measures that may be taken up by the GDT for this purpose.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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R&T Sok & Heng Law Office
Vattanac Capital Office Tower
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Contacts: Heng ChhayManaging PartnerD +855 23 215 734 F +855 23 726 417 heng.chhay@rajahtann.comSok KhavanPartnerD +855 23 215 734 F +855 23 726 417 sok.khavan@rajahtann.comDesmond WeeDirectorD +65 62320474desmond.wee@rajahtann.com| Rajah & Tann Asia is a network of legal practices based in Asia. |
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