Please take note of the following three laws that have been released in the past year:
Notification on the Registration of Implementation of Obligations of the Private Sector Concerning the Law on the Protection and the Promotion of the Rights of Persons with Disabilities
The Ministry of Social Affairs, Veterans and Youth Rehabilitation (“MOSVY”) has issued Notification No. 008 MOSVY on Registration of Implementation of Obligations of the Private Sector concerning the Law on the Protection and the Promotion of the Rights of persons with Disabilities, dated on 26 August 2021 (“Notification”).
According to the Notification, the MOSVY would like to inform all employers or owners of private enterprises/establishments which employ 100 or more workers/employees that they have the obligation to register with the MOSVY or the Municipal/Provincial Department of Social Affairs, Veterans and Youth Rehabilitation to implement the Law on the Protection and the Promotion of the Rights of Persons with Disabilities (“LPPRPD”) dated 03 July 2009 and the Sub-decree No.108 OrNKr.BK dated 30 August 2010 on the Determination of Quota and Formality for Recruitment of Disabled Persons.
The deadlines for registration are as follows:
1. The registration period for private enterprises/establishments that are in operation shall be from the date of the Notification until the end of September 2021.
2. The registration period for new Private enterprises/establishments shall be within 30 days from the date of its opening of enterprise/establishment.
In case the owners of any private enterprise/establishment fail to fulfill the obligations in accordance with law and Sub-decree, the MOSVY will impose fines under Article 54 of LPPRPD and bring the case to court. The transitional fines under Article 54 of LPPRPD is 100,000 riels (approximately USD 25) up to 1,000,000 riels (approximately USD 250).
Notification No. 481/20 dated 7 February 2020 on the Implementation of the Cambodian National Single Window (NSW) for Master List Applications
The Council for the Development of Cambodia (CDC) launched its online system for providing online Master List applications on 2 February 2020. The Master List is a list of construction materials, machinery and production equipment, spare parts and raw materials to be imported into Cambodia for the implementation of a Qualified Investment Project (QIP). The QIP can submit their Master List applications via the National Single Window (NSW) system instead of through manual submission to the CDC as has previously been the case. Please note that QIP companies need to register an online account (i.e. to request a username and password) in order to access the NSW. As per the current practice, it may take around 10 to 15 working days to register an online account in the NSW.
In addition to the Master List applications with the CDC, the QIP can also use its NSW account to apply for certain approvals, permits, and licences with other ministries such as Ministry of Commerce, Ministry of Agriculture, Forestry and Fisheries, Ministry of Health, Ministry of Industry, Science, Technology and Innovation, and General Department of Customs and Excise.
Prakas No. 430/20 dated 31 December 2020 on Labour Public Services through Automation System
According to the Prakas No. 430/20 of the Ministry of Labour and Vocational Training (MLVT), the MLVT has launched a Labour Automated Central Management System (LACMS) for certain labour filing and registration requirements as follows:
· applying for Cambodian work permits/employment cards for new local staff
· registration of visa “IN” and OUT” in Cambodian labour book and employment cards
· registration of staff movements (in/out) for both Cambodian and foreign employees
· applying for approval of overtime
· applying for approval of working on weekly holidays
· registration of staff representatives
· registration of internal work rules
· Other labour compliance services
This online system has been available for use since 11 January 2021 for all kinds of entities under the authority of the MLVT, and from 1 May 2021 for those under the authority of the Provincial/Municipal Department of Labour and Vocational Training. Hence, to access the new online system for fulfilling the labour filing and registration requirements, the enterprises must request to register an online account via the LACMS and to register a Declaration of Opening of Enterprise in order to comply with the labour filing and registration requirements as mentioned above. Note that previously, companies/enterprises had to process the various filing and registration requirements outlined above physically at the MLVT or PPMDLVT.