Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 3 - Jul/Aug/Sep 2018
 

NCLMUP Further Instructs on Management of Construction Sites in Preah Sihanouk Province

On 18 September 2018, the President of the National Committee for Land Management and Urban Planning ("NCLMUP") issued Letter No. 2255 LMUPC/NCLM on Additional Instruction on Management of All Types of Construction Sites in Preah Sihanouk Province ("Letter") to the Governor of Preah Sihanouk Province, being the President of the Committee of Land Management and Urban Planning of Preah Sihanouk Province.


According to the Letter, all types of construction sites shall meet five requirements in order to ensure sustainable development, comfort, beauty and safety in Preah Sihanouk Province. Those requirements are as follows:

  • The construction sites shall be fenced at least 2 meters in height from the ground. The standing of fence shall be made of concrete of at least 80 centimetres in height to prevent soil, solid and liquid waste from flowing out onto road, side walk, beach way, beach, sea, creek, stream, lake, and public space.
  • The construction sites shall reserve 2/3 of length of sidewalk for pedestrians.
  • The construction sites shall store construction materials, machinery, construction equipment, work office, workshop and workers' accommodation within the fence surrounding the construction sites.
  • The construction sites shall manage solid and liquid waste by constructing wastewater treatment reservoir, toilet reservoir and sewer system before flowing out into public sewer system.
  • The construction sites shall maintain safety, order, hygiene, beauty, friendly environment, and good relations with neighbours and the public.

In addition to the above instructions, the NCLMUP also attached the detail plan / drawing of such fences for the ease of the arrangement for the construction sites to comply.


Mechanisms for Wastewater Treatment Reservoir, Toilet Reservoir and Sewer System for All Constructions in Preah Sihanouk Province

On 18 September 2018, the President of the National Committee for Management and Development of Cambodian Beach issued Letter No. 2256 LMUPC/NCMDCB instructing and setting out mechanisms for wastewater treatment reservoir, toilet reservoir, sewer system for all constructions of residential buildings, commercial buildings, service buildings, hotels, restaurants and factories ("Letter"). These mechanisms apply to both existing buildings and new construction projects in Preah Sihanouk Province.


In accordance with the Letter, all constructions of relevant buildings in Preah Sihanouk Province shall arrange for the necessary treatment reservoir, toilet reservoir and sewer system within their premises before connecting to the filtered wastewater of the public sewer system, which flows to the wastewater treatment station of Preah Sihanouk Province. The purpose is to ensure sustainable development, comfort, beauty, seawater quality, ocean resource, ecology, biodiversity in the beach as a member of the club of most beautiful bays in the world.


In case of non-compliance, the President of Committee of Land Management and Urban Planning shall temporarily cease the construction or business activity until there is the arrangement of treatment reservoir, toilet reservoir and sewer system.


Foreign Employee Quota Request and Renewal of Work Permit for Foreigners for 2019

On 20 August 2018, the Ministry of Labour and Vocational Training issued Notification No. 028/18 ("Notification") informing enterprises which are employing foreign employees for the year 2019 to apply for foreign employees usage quota approval from 1 September 2018 to 30 November 2018.


The same Notification also requires enterprises that currently employ foreign employees working in Cambodia to apply for the renewal of the validity of the latter’s respective work permits. The application period runs from 1 January 2019 to 31 March 2019.


Drawing of Location Required for Transfer of Unregistered Immovable Properties

On 16 August 2018, the Ministry of Land Management, Urban Planning and Construction issued Letter No. 1974 LMUPC to the municipal and all provincial halls around the country to take action on their respective commune or district administrations to cease all examination and certification on documents for the transfer of possessory right of unregistered immovable properties which do not attach a map showing a clear coordinate or location of such immovable properties. Such coordinates or locations must have been certified and acknowledged by the cadastral administration.


It should be further noted that there have been conflicts arising out of transfers of possessory rights of immovable properties without proper coordinate or location of the immovable properties acknowledged or certified by the cadastral administration.


Urging for the Completion of Establishing of Cadastral Index Map

The Ministry of Land Management, Urban Planning and Construction issued a letter requesting for the inspection and follow up of the establishing of a cadastral index map in relevant territorial jurisdictions. It urges the cadastral offices of City and District/Khan to complete the cadastral index map in their respective jurisdictions to help ease the development, management, protection and construction in their areas, as well as support land registration.



ID Cards or Family Books and Residential Books Cannot be used as Collaterals for Loans

Notification No. B7-018-008 N.I dated 17 July 2018 serves as a reminder to all banks, financial institutions and rural credit operators to strictly comply with the provisions of Notification No. B7.016.210.N dated 11 March 2016 strictly prohibiting the acceptance of ID cards or family books and residential books as securities or collaterals for granting loans.


Notification No. B7-018-008 N.I also spells out the severe sanctions or penalties for non-compliance with its provisions. It stipulates that in the event any bank, financial institution and rural credit operator continues such practice by violating this notification, the errant institution will face hefty penalties that may include the withdrawal of business license in accordance with Articles 52 and 56 of the Law on Banking and Financial Institution.


MOC to Stop Accepting By-laws

On 12 July 2018, the Ministry of Interior ("MOI"), being the ministry in-charge of the registration of local associations and non-governmental organisations, issued an announcement directing the Ministry of Commerce to cease accepting statutes or by-laws filed by the local associations or non-governmental organisations pursuant to the Prakas on the filing of by-laws or statutes of commercial associations ("Announcement No. 1204A"). The MOI further states that such filing violates the competence of the MOI given under the Law on Association and Non-Governmental Organization ("LANGO").


Announcement No. 1204A further emphasises that all local associations and non-governmental organisations must be registered with the MOI by submitting an application form and the relevant supporting documents required under the LANGO.


New Law on Minimum Wage

On 6 July 2018, the Law on Minimum Wage ("Law") was promulgated to set the criteria and procedure for determining the minimum wage, and establish the National Council on Minimum Wage ("Council"). The Law aims to promote the livelihood of workers and increase their productivity, as well as encourage an investment-friendly environment. The Law applies to those that fall within the scope of the Labour Law.


The Council was established to conduct studies, engage in discussion, and offer recommendations to the Ministry of Labour and Vocational Training regarding the minimum wage. Once the minimum wage is established, any verbal or written agreement within the scope of the Law that provides a wage lower than the prescribed minimum wage will be deemed void. In addition, for jobs that require the same terms, qualifications, and productivity, wages shall be provided equally to all employees that are within the scope of this Law, regardless of birth origin, age or gender.


The Government Approves Preah Sihanouk Province Land Use Master Plan

On 13 June 2018, the Royal Government of Cambodia issued Sub-Decree No. 81 SD.P implementing Land Use Master Plan of Preah Sihanouk Province. The Sub-Decree approves the Land Use Master Plan of Preah Sihanouk Province, which sets out the vision for the Province until 2030. The Master Plan can be revised once every five years where necessary on account of the development of the economy and society. Early revision of the Master Plan can be conducted only in case of the need for public good or national interest of Cambodia.


The Government Approves Battambong Province Land Use Master Plan

On 13 June 2018, the Royal Government of Cambodia issued Sub-Decree No. 80 SD.P implementing Land Use Master Plan of Battambong Province ("Sub-Decree"). The Sub-Decree approves the Land Use Master Plan of Battambong Province, which sets out the vision for the Province until 2030. The Master Plan can be revised once every five years where necessary, on account of the development of the economy and society. Early revision of the Master Plan can be conducted only in case of the need for public good or national interest of Cambodia.


Changes to the National Social Security Fund Health Care Benefits

On 25 April 2018, the Ministry of Labour and Vocational Training issued Prakas No. 184 to amend Articles 2, 4, 5, 6, 7, 8 and 10 of Prakas 109 dated 17 March 2016 on Health Benefits ("Prakas No. 184").

  • The new Article 2 of the Prakas adds the definition of six new terms for the sake of clarity.
  • The new Article 4 of the Prakas lists the medical services outside the scope of health diagnosis benefits.
  • The new Article 5 clarifies the coverage of essential medicines for chronic diseases.
  • The new Article 6 adds new conditions to the eligibility criteria to receive health care and diagnosis benefits and daily allowances.
  • The new Article 7 clarifies the rights and benefits that workers may have.
  • The new Article 8 clarifies the basis for calculation of the average wage for the last six months in cases of sicknesses or deliveries.



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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