Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 2 - Apr/May/Jun 2022
 

Consumers to Have Right to Withdraw from Contract During Cooling-Off Period under New Prakas

On 11 April 2022, the Ministry of Commerce ("MOC") issued Prakas No. 0113 on the Cooling-off Period ("Prakas"), which sets out the legal framework that offers consumers the unilateral right to withdraw from a contract for the sale of goods or supply of services during the cooling-off period.


The Prakas applies to all distance and door-to-door sales of goods and/or services in Cambodia. Distance sales refer to indirect sale-purchase transactions conducted without the physical presence of the parties, where the consumer does not have an opportunity to inspect the goods and/or services. Door-to-door sales refer to sales-purchase transactions where the businessperson sells the goods and/or services at the consumers' location or at public places that are not the location of the businessperson. 


This Prakas will be implemented within six months after the date of its issuance by the National Commission for Consumer Protection with the Consumer Protection Competition and Fraud Repression Directorate-General as its arm.


The Prakas also provides for (i) the right to withdraw during the cooling-off period, (ii) the exceptions to the right of withdrawal, (iii) the consequences of withdrawal, and (iv) the penalties for non-compliance with the Prakas.


For more information, click here to read our Legal Update.



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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Contacts:

Heng Chhay
Managing Partner
D +855 23 215 734
F +855 23 726 417
heng.chhay@rajahtann.com

Desmond Wee
Director
D +65 62320474
desmond.wee@rajahtann.com

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