No. NS/RKT/1204/048
KINGDOM OF CAMBODIA
Nation Religion King
Royal Decree On
On the Establishment of Rural Electrification Fund of the Kingdom of Cambodia
We,
"Preah Karuna Preah Bat Samdech Preah Borom Neath NORODOM SIHAMONI, Samanaphum Cheat Sasnare Rakhatakhatteya KhemararathReastr Puthiktrea thak rea Khemara reachanea Samohopheasak Kampuchea Ekareach RathBoranak Sante Sophak mongkolea Sereivibolea Khemara Srey Pi reastr Preah Chau
Krong Kampuchea Thipadey"
- Seen the Constitution of the Kingdom of Cambodia;
- Seen the Royal Decree No. NS/RKT/0704/124 dated July 15, 2004 on the Appointment of the Royal Government of Cambodia;
- Seen the Royal Kram No. 02/NS/94 dated July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;
- Seen the Royal Kram No. NS/RKM/0196/05 dated January 24, 1996 promulgating the Law on the Establishing of the Ministry of Industry, Mines and Energy;
- Seen the Royal Kram NS/RKM/0201/03 dated February 02, 2001 promulgating the Electricity Law of the Kingdom of Cambodia;
- Seen the requests of the Samdech Prime Minister of the Kingdom of Cambodia, which is received the approval from the plenary session of the council ministers meeting of 1st October 2004.
DECIDE
Article 1._
To create a fund named “Rural Electrification Fund” with the acronym “REF” to assist in the development of rural electrification in the Kingdom of Cambodia.
Article 2._
REF shall be established as an autonomous non-profit public institution with an administrative, managerial, technical and financial autonomy under the laws of the Kingdom of Cambodia.
Article 3._
The objectives for establishment of REF are:
- To promote equitable rural electrification coverage by facilitating the population’s access to electricity at affordable price for economic, social and household uses, thus contributing to poverty reduction.
- To promote and encourage private sector to participate in providing sustainable rural electrification services; in particular the exploitation of and economic application of technically and commercially well proven new and renewable energy technologies.
Article 4._
The REF shall be managed by a REF Board.
The organization and functioning of the REF shall be defined by the Statute and Internal Rule, which shall be elaborated and decided by the REF Board.
The REF Board shall consist of the following members:
- The Minister of the Ministry of Industry, Mines and Energy or his/her Representative, as Chairman;
- The Secretary of State of the Ministry of Economy and Finance or his/her Representative, as vice-Chairman;
- The Secretary of State of the Ministry of Rural Development or his/her Representative, as vice-Chairman;
- A representative of the Council of Ministers, as Member;
- A representative of the Ministry of Interior, as Member;
- The Chairman of EAC or his/her Representative, as Member;
- A representative nominated by the donors and agreed by the Minister of the Ministry of Industry, Mines and Energy, as Member;
- A representative of the financial sector nominated by the Cambodia Bankers Association and agreed by the Minister of the Ministry of Industry, Mines and Energy, as Member;
- A Representative nominated by firms involved in rural electrification development projects agreed by the Minister of the Ministry of Industry, Mines and Energy, as Member;
- A representative nominated by non-governmental organizations or international organizations involved in rural electrification development projects and agreed by the Minister of the Ministry of Industry, Mines and Energy, as Member;
- A representative of the rural consumers, as Member. In case there is no representative of the rural consumers yet, this representative can be a member of Khum or sangkat board,
REF Board members shall have a term of two (2) years and which upon the expiration may be renewed for only one more term for another two (2) years.
Article 5._
The sources of fund for REF are as follows:
- Donations and grants whose sources and terms shall be acceptable to the Ministry of Industry, Mines and Energy (MIME) and to the Ministry of Economy and Finance (MEF), and
- Other sources from the government, which have the characteristics of being regular and sufficient for the implementation of policy and goal of rural electrification development.
Article 6._
The mandate of REF shall last until the goals on rural electrification set by RGC are achieved.
Article 7._
By no later than three (3) months after the effective date of this Royal Decree; the Prime Minister shall appoint the Chairman, Vice-Chairmen and other members of the REF Board.
When the members of REF Board are nominated, the Royal Government shall provide the initial fund through MIME to REF for its operation. REF shall deposit this fund in a separate account for use. Only REF has the right to use this fund with the approval from the REF Board. MIME shall transfer the functions and duties defined by this Royal Decree to REF immediately once REF is fully operational.
Article 8._
Any provision contrary to this Royal Decree shall be null and void.
Article 9._
Samdech Prime Minster shall be in charge of effective implementation of this Royal Decree.
Article 10._
This Royal Decree shall come into force from the date of signing.
Made in Phnom Penh, 4th December 2004
NORODOM SIHAMONI
PRL 0412.048
Reported and Requested for the signature of His Majesty The King of Cambodia
Prime Minister HUN SEN
No. 310CL
Copies
Phnom Penh, 9th December 2004
General Secretariat of the Royal Government NADY TAN