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Rajah & Tann Regional Round-Up

your snapshot of key legal developments in Asia

Issue 3 - Jul/Aug/Sep 2021



CAMBODIA

Phase II of New IT Platform for Business Registration

On 1 September 2021, the Ministry of Economy and Finance ("MEF") announced in a press release the launch of the Business Registration System on Information Technology Platform or online business registration platform ("OBR") Phase II. This Phase II launch was made following the successful implementation of Phase I which was launched on 15 June 2020. 


During Phase I of the OBR Portal, the applicant for the registration of a main business can reach out to various main authorities depending on the nature of their business. These main authorities are:


  1. the Ministry of Commerce;
  2. the General Department of Taxation;
  3. the Ministry of Labour and Vocational Training;
  4. the Ministry of Interior;
  5. promote sound market conduct practices; and
  6. MEF.

OBR Phase II will be available to users from 1 September 2021. It includes four additional authorities from which businesspersons may request for licenses/permits/certificates. The four authorities are (i) the Ministry of Industry, Science, Technology and Innovation, (ii) the Ministry of Tourism, (iii) the Ministry of Post and Telecommunications and (iv) the Real Estate Business & Pawnshop Regulator of the Non-Bank Financial Services Authority.


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


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New Prakas on Procedures for Certification and Recordal of Exclusive Right of Using Mark

The Ministry of Commerce ("MOC") issued new Prakas No. 0117 of MOC on the "Procedures for Certification and Recordal of Exclusive Right of Using Mark" dated 25 June 2021 ("Prakas"). The Prakas aims to set out new procedures governing the certification of exclusive right on mark registration and the recordal of authorisation letter on exclusive right of using the mark.


Under the Prakas, the exclusive right to import and distribute goods in Cambodia ("Exclusive Right") is recognised through the application for the certification of exclusive right on mark registration and the recordal of authorisation letter on exclusive right of using the mark with MOC. 


The Prakas also applies to the recordal of sub-granting of the Exclusive Right. 


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


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MPWT Issues Prakas Requiring Companies to Apply for Licence and Certificate for Digital Hailing Services for Road Transport Operation

The Ministry of Public Works and Transport ("MPWT") issued Prakas No. 100 Pr.K.PW.RT dated 21 June 2021 on the "Conditions and Procedures of Issuance of Certificate to Companies Conducting Digital Hailing Services for Road Transport Operation in Cambodia" ("Prakas").


The Prakas aims to regulate companies that provide hailing services through digital platforms for road transport operation ("Services"). It sets out the conditions and procedures to request for the Licence and Certificate of Domestic Digital Hailing Service for Road Transport Operation required in order to operate the Services ("Licence and Certificate").


Interested companies must apply for the Licence and Certificate through https://lts.mpwt.gov.kh (currently not live but will be activated in due course).


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


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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.

 

Rajah & Tann Sok & Heng Law Office 
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Sangkat Wat Phnom, Khan Daun Penh
120211 Phnom Penh, Cambodia
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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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