KRAM DATED JANUARY 24, 1996

ON THE ESTABLISHMENT OF THE MINISTRY OF INDUSTRY, MINES AND ENERGY

Ns/rkt/0196/5

I, Preahbath Samdech Preah Norodom Sihanouk Varman Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat Nikarosom Thammik Mohareacheathireach Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey,

• having seen the Constitution of the Kingdom of Cambodia; 
• having seen the Kret dated September 24, 1993 on the Appointment of the First and Second Prime Ministers; 
• having seen the Kret of His Majesty the King of Cambodia Samdech Preach Norodom Sihanouk Varman dated November 1, 1993 on the Appointment of the Royal Government; 
• having seen the Law on the Organization and Functioning of the Council of Ministers promulgated by the Kram No. 02/94 dated July 20, 1994; 
• having seen the Kret No. 93 dated October 24, 1994 on the Reorganization of the Composition of the Royal Government of Cambodia; 
• having seen the Kret No. 1094/90 dated October 31, 1994 on the Reorganization of the Composition of the Royal Government of Cambodia; and 

pursuant to the proposal of both Prime Ministers; 

hereby promulgate,

the Law on the Establishment of the Ministry of Industry, Mines and Energy that was passed by the National Assembly during the fifth session of its first legislature, the entire content of which is as follows:

Article 1: 

The Ministry of Industry, Mines and Energy shall be established under the Royal Government.

Article 2: 

The Ministry of Industry, Mines and Energy shall be mandated to administer and regulate the industry, mines and energy sectors of the Kingdom of Cambodia.

Article 3: 

The Ministry of Industry, Mines and Energy shall be headed by a Minister and a Secretary of State and assisted as needed by Under Secretaries of State.

Article 4: 

The organization and functioning of the Ministry of Industry, Mines and Energy shall be governed by anukret.

Article 5: 

Any provisions that contradict this Law shall considered as null and void.

Article 6: 

This law shall be promulgated as urgent.

Phnom Penh, January 24, 1996

Norodom Sihanouk 

First Prime Minister

Norodom Ranariddh 

Second Prime Minister

Hun Sen

---

^{_{KINGDOM OF CAMBODIA NATION RELIGION KING}} 

Royal government of Cambodia  

No. 35/ANK/BK 

^{_{ANUKRETON THE ORGANIZATION AND FUNCTIONING OF THE MINISTRY OF INDUSTRY,MINES AND ENERGY}}

      Referring to the Constitution of the Kingdom of Cambodia;  

  Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the formation of the Royal Government of Cambodia; 

  Referring to Reach Kram No. 02/NS/RKM/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers; 

  Referring to Reach Kram No. NS/KRM/0196/05 of January 24, 1996 on the establishment of the Ministry of Industry, Mines and Energy; 

  Referring to Reach Kret No. NS/RKT/1298/90 of December 9, 1998 on the Nomination of the Executive Board of the Cambodian National Petroleum Authority;  

  Referring to Reach Kret No. NS/RKT/0396/10 of March 9, 1996 on the Establishment of “Electricité du Cambodge” as a Private Limited Company;  

  Referring to Anukret 20/ANK/BK of April 13, 1996 on the Organization and Functioning of Ministries and State Secretariats; 

      Pursuant to the approval of the Council of Ministers of April 9, 1999. 

^{_{IT IS HEREBY DECIDED}}

^{_{CHAPTER 1 GENERAL PROVISIONS}}

ARTICLE 1: 

The organization and functioning of the Ministry of Industry, Mines and Energy, its Department General and other departments shall be defined under this Anu-kret. 

^{_{CHAPTER 2 MISSION AND STRUCTURE}}

ARTICLE 2: 

The Ministry of Industry, Mines and Energy shall be mandated by the Royal Government of Cambodia to direct and manage the industry, mines and energy sectors of the Kingdom of Cambodia, except for the petroleum and gas sector. 

ARTICLE 3: 

The Ministry of Industry, Mines and Energy shall be responsible for:  

-       preparing and implementing industry policies of the Royal Government; 

-       managing and promoting technology and standards related to the competence of the Ministry of Industry, Mines and Energy; 

-       instituting and implementing national policies on mineral resources exploration, mining development, processing, purification, and exploitation; 

-       managing, conducting research, and disseminating geological data except when related to petroleum and gas; 

-       developing and implementing national energy policy by preparing policies and laws and cooperating with national and international institutions for the development of energy sector; 

-       conducting research on distribution networks, transmission grids, power stations, and assessing the hydroelectric potentials in order to develop power projects; 

-       preparing and implementing a clean water distribution system in municipalities and urban areas; 

-       administering and promoting metrological works; 

-       collaborating in the implementation of any works related to the Mekong basin pursuant to the responsibilities of the Ministry. 

ARTICLE 4: 

The Ministry of Industry, Mines and Energy shall have the following organizational structure: 

A. Central level:

1. General Inspectorate. 
2. The General Directorate of Industry consisting of 5 departments: 

-       Industrial Work Department; 

-       Small Industry and Handicraft Department; 

-       Industrial Sciences Department; -  Metrology Department; -Clean Water Department. 

1-     The General Directorate of Mineral Resources consisting of 3 departments: 

-       Mineral Resources Department; 

-       Geological Department; 

-       Mineral Resources Development Department. 

2-     The General Directorate of Energy consisting of 3 departments: 

-       Energy Sciences Department; 

-       Energy Development Department; 

-       Hydro power Department; 

5. Administrative Department, 

6. Personnel Department; 

7. Finance and Accounting Department; 

8. Legal Department;

9. Cabinet of the Minister . 

B. Local Institutions 

-    Provincial and Municipal Offices of Industry, Mines and Energy. 

C. State owned enterprises subject to the jurisdiction of the Law on the General Statutes of Public Enterprises. -    Electricité du Cambodge. 

D. State owned enterprises and entities subjected to the jurisdiction of Anu-kret No. 41/ANK/BK. 

-       Equipment Transport Company;

-       Machinery Factory No. 1;

-       Industry Printing House. 

CHAPTER 3 General Inspectorate 

ARTICLE 5: 

The General Inspectorate of the Ministry of Industry, Mines and Energy shall be responsible for: 

-       conducting regular inspections of institutions subjected to the jurisdiction of the Ministry of Industry, Mines and Energy; 

-       reporting to the Minister on the functioning of these institutions and providing suggestion for their improvement; 

-       performing duties as directed by the Minister. 

The General Inspectorate shall be administered by an inspector general assisted by deputy inspector generals as necessary.  

^{_{CHAPTER4 GENERALDEPARTMENT OF INDUSTRY}}

ARTICLE 6: 

The General Department of Industry shall be responsible for: 

-       preparing policy, strategy, objectives, and general planning of the Ministry; 

-       instituting, managing, promoting, and developing a handicraft and industry’s works; 

-       preparing, managing, and promoting works relating to standards; 

-       preparing, managing, and developing clean water production; 

-       preparing, managing, and promoting metrology works; 

The General Department of Industry shall be administered by a director general assisted by deputy director generals as necessary. 

ARTICLE 7: 

The Industrial Works Department shall be responsible for: 

-       preparing short, medium, and long term plans and master plan according to the policy of the Royal Government and implementing the industrial development program; 

-       providing incentives, setting goals, and supporting heavy and medium industries and implementing other industrial sector policies; 

-       preparing laws and regulations and legal instruments including tax and finance matters related to industry; 

-       collaborating with ASEAN countries, and national and international institutions to promote industrial development; 

-       evaluating and advising on private investment projects, within the ministry or in collaboration with concerned institutions; 

-       proposing or collaborating public investment projects and monitor their implementation; 

-       authorizing the operation of large and medium, factories; 

-       assessing the specifications and quantity of raw materials used by factories in accordance with technical standards and monitor its use; 

-       compiling industrial production lists; 

-       issuing various certifications of production to all factories and enterprises; 

-       collecting data and assessing the development of 9 sub-categories of large and medium industries, namely: 1-Food, beverage and tobacco sector; 

2-     Textile, garments and leather sector; 

3-     Timber and non-timber forest sector; 

4-     Paper production sector; 

5-     Chemical, plastic and rubber sector; 

6-     Mineral sector, except metals; 

7-     Metal based industry sector; 

8-     Metal processing industry sector; 9-Other industrial sector; 

-       reviewing and handling irregular activities of large and medium industries in accordance with existing laws and regulations; 

-       cooperating with the Ministry in charge of labor to implement the labor law. 

ARTICLE 8: 

The Small Handicraft and Industry Department shall be responsible for: 

-       preparing short, medium, and long term plans and master plans according to policies of the Royal Government and implementing the small industry and handicraft development program; 

-       promoting, providing incentives, directing, and supporting small industry and handicraft and implementing sector related policies; 

-       preparing laws and regulations and legal instruments including tax and finance matters related to small industry and handicraft; 

-       collaborating with other countries, and national and international institutions to promote small industry and handicraft development; 

evaluating and advising on private investment projects, within the ministry or in collaboration with concerned institutions; 

-       proposing or collaborating on public investment projects and monitor their implementation; 

-       authorizing the operation of small industry and handicraft shop; 

-       assessing the specifications and quantity of raw materials used by small industry and handicraft shops in accordance with technical standards and monitor their use; 

-       compiling small industry and handicraft production lists; 

-       issuing various certifications of production to all factories and enterprises issues various certification of productions to all factories and enterprises; 

-       collecting data and assessing the development of 10 sub-categories of small industry and handicraft, namely: 

1. Food, beverage and tobacco sector; 
2. Textile, garments and leather sector; 
3. Timber and non-timber forest sector; 
4. Paper production sector; 
5. Chemical, plastic and rubber sector; 
6. Mineral sector, except metals; 
7. Metal based industry sector; 
8. Metal processing industry sector;
9. Other industrial sector;
10. Traditional handicraft. 

ARTICLE 9: 

The Industrial Technical Department shall be responsible for: 

-       implementing state technical and scientific development policy and overseeing the transfer of know how in factories and enterprises; 

-       monitoring the activities of industries and craft enterprises to prevent disturbances of people living in the area and  environmental pollution in collaboration with the Ministry of Environment; 

-       managing and controlling the quality of industrial and handicraft products within factories and workshops;  

-       administering the issuance of Certificates of Production; 

-       administering industrial laboratories; 

-       administering the intellectual properties protections including production and services marks, patents, designs and industrial designs; 

-       cooperating, controlling, and preparing general technical guidelines for various industrial and crafts construction projects to ensure industrial safety; 

-       controlling the standardization of industry and the service sector; 

-       controlling machinery works and their technical safety and monitoring their importation and usage to serve industrial sector; 

-       providing management training in industrial and technical sciences. 

ARTICLE 10: 

The Metrology Department shall be responsible for: 

-       preparing, controlling, and implementing national metrology policies and preparing various legal instruments related to metrology such as repairs, production, and importation/exportation of metrology equipment; 

-       monitoringthe implementation of sample scales to ensure safety and accuracy; 

-       facilitating and collaborating with competent institutions to suppress violations on the use of metrology equipment;  

-       promoting national and international metrology technology; 

-       preparing and control metrology laboratories and other metrology equipment repair shops; -  cooperating with national and international institutions to promote metrology sector; 

ARTICLE 11: 

The Sanitary Water Department shall be responsible for: 

-       instituting, controlling, and supervising the clean water production and utilization in municipalities and urban areas throughout the country; 

-       exploring technical means to exploit the national clean water distribution networks; 

-       preparing policies, laws and regulations related to the control and usage of clean water; 

-       developing policies and regulations to set the usage rate of clean water in accordance with actual geographical areas; 

-       setting up clean water laboratories to control water quality in accordance with national standards; 

-       issuing authorizations to conduct clean water business; 

-       facilitating and liaising with concerned institutions to provide clean water; 

-       engaging international cooperation to develop clean water in collaboration with concerned institutions. 

^{_{CHAPTER 5 GENERAL DEPARTMENT OF MINERALRESOURCES}}

ARTICLE 12: 

The General Department of Mineral Resources shall be responsible for: 

-       preparing and managing geological and mineral resources development; 

-       promoting geological and mineral resources works; 

-       providing incentives for research and exploration activities and assessing the potentials for developing the marble, sand, and construction stone resources; 

-       undertaking and promoting geological research. 

The General Department of Mineral Resources shall be administered by a director general and assisted by deputy director generals as necessary. 

ARTICLE 13: 

The Mineral Resources Department shall have the duties to: 

-       finding ways and measures to effectively manage, in terms of economy, labor safety, and environmental protection, activities in research, exploration, assessment, mining, processing, purification,  and marketing mineral resources like marble, sand, and other construction stones; 

-       enforcing laws, sub-decrees, rules, and regulations related to the exploration, assessment, and exploitation of mineral resources, likemarble and any other construction stones throughout the country;

-       conducting research, exploring, and assessing to determine the quantity and quality of mineral resources and construction stones so that an inventory list can be prepared; 

-       studying and advising on investment projects to explore and exploit mineral resources like, marble, sand, and construction stones; 

-       administering, instructing, and monitoring the implementation of laws, sub-decrees, rules and regulations, and mineral resources agreements. 

ARTICLE 14: 

The Geological Department shall be responsible for: 

-       enforcing laws, sub-decrees, and rules and regulations related to geological research; 

-       studying geology, and physical and chemical geology; 

-       assessing values of minerals and developing maps; 

-       collecting, maintaining, managing, utilizing, exchanging, and selling geological data, except petroleum and gas; 

-       conducting syntheses of geological data of various areas of Cambodia to determine the mineral resources potentials with regard to commercial, touristic, and land management use; 

-       promoting geological research and compiling geological and mineral resources maps; 

-       mobilizing geological know how to exploit the mineral resources, protect the environment, and prevent natural disasters. 

ARTICLE 15: 

The Mineral Development Department shall have the duties to: 

-       preparing policies for mineral resources and geology development throughout the country; 

-       preparing laws, sub-decrees, rules and regulations, and investment agreements related to geological research, exploration, assessment, and exploitation of mineral resources, like marble, sand, and construction stones throughout the country; 

proposing projects and implementing in cooperation with other ministries and international communities to collect and analyze mineral resources data, like marble and construction stones; 

-       cooperating with concerned departments to train human resources in areas of expertise needed to serve in the geological and mineral resources sector. 

^{_{CHAPTER 6 GENERAL DEPARTMENT OF ENERGY}}

ARTICLE 16: 

The General Department of Energy shall be responsible for: 

-       preparing policies, strategies, and rules and regulations on the utilization and management of the energy sector; 

-       conducting research, preparing, and implementing development plans in the energy sectors by ensuring the protection of the social interest; 

-       exchanging technological and scientific knowledge and strengthening and promoting national and international cooperation in energy, electronic and nuclear sector; 

-       administering and instructing electricity companiesoperating nationwide to implement the laws, subdecrees, decisions, and circulars on the utilization and supply of all types of energy; 

-       organizing and administering energy standards and setting electrifiation rules for provincial towns and rural areas; 

-       promoting the energy saving through efficient maintenance and environmental protection; 

-       participating in activities related with the Mekong basin in accordance with the responsibilities of the Ministry; 

-       organizing technical training courses on economic management of energy;  

The General Department of Energy shall be administered by a director general assisted by deputy director generals as necessary. The General Department of Energy consists of 3 departments. 

ARTICLE 17: 

The Technical Energy Department shall be responsible for: 

-       analyzing and evaluating data on the supply and demand of energy throughout the country; 

-       conducting research on energy supply and distribution systems to provinces and municipalities; 

-       managing and regulating energy sector standards;

-       publishing information on existing energy sources in the country; 

-       promoting the energy saving through efficient and economical usage; 

-       ensuring maximum environmental preservation and protection; 

-       managing the registration and authorization  of electricityity service providers; 

ARTICLE 18: 

The Energy Development Department shall be responsible for: 

-       studying and preparing policies  and strategies for the development of energy sector in collaboration with concerned ministries and international institutions; 

-       promoting development and utilisation of technology related to electrical, electronic, and nuclear energy; 

-       preparing short, medium, and long term plans for electricity and other energy power; 

-       preparing laws and regulations related to the electrical fields and other energy power; 

-       assessing the potentials of all energy resources in order to develop an energy development plan in Cambodia; 

-       administering the electrification of provinces and rural areas; 

-       recommending, and preparing reports and plans for human resources training in the energy sector; 

ARTICLE 19: 

The Hydropower Department shall have the duties to: 

-       preparing and implementing national policies related to hydropower; 

-       collecting, analyzing, maintaining, and utilizing data for studying the development of hydropower; 

-       selecting locations and priority projects; 

-       organizing and implementing hydropower development plans throughout the country; 

studying, organizing, implementing, and administering hydropower construction projects. 

^{_{CHAPTER 7 ADMINISTRATIVE,PERSONNEL,FINANCE AND LEGALMATTERS}}

ARTICLE 20: 

The Administrative Department shall be responsible for: 

-       coordinating all central level departments s and local institutions under the Ministry ; 

-       administering and disseminating administration documents of the Ministry;  

-       ensuring the effectiveness and safety of the administration; 

-       preparing reports on different activities of the Ministry; 

-       administering state garages and vehicles allocated to the Ministry as well as related expenses such as fuel, and spare part distribution; 

-       receiving and allocating equipment to provincial and municipality entities. 

ARTICLE 21: 

The Personnel Department shall be responsible for: 

-       administering civil servants, and agents of the Ministry in collaboration with the Secretary of State for Civil Services; 

-       preparing administrative letters for personnel management; 

-       preparing professional staff programs and human resources development of the Ministry; 

-       preparing statistics and production of decision making tools for personnel management; 

-       determining personnel salary, fees, and social security allowances; 

-       evaluating demands for personnel training; 

-       conceptionalizing and implementing training policies in collaboration with the State Secretariat for Civil Service; 

ARTICLE 22: 

The Finance and Accounting Department shall be responsible for:  

-       preparing Ministry expenditure plans and monitoring their operation; 

-       compiling and reconciling budget items; 

-       monitoring the management of special accounts; 

-       collecting and reconciling all expenditures of the Ministry; 

-       administering and implementing bidding specifications for public procurement tenders; 

-       collecting revenues in conformity with the Financial law; 

-       gathering requests for expenditures, preparing expenditure plans, and managing equipment repairs of the Ministry; 

-       administering movable and immovable properties, assets, and inventories; 

-       maintaining routine invoices and bookeeping; 

-       computerizing financial and accounting activities; 

-       controlling on the technical operations of public procurement. 

ARTICLE 23: 

The Legal Department shall have the duties to: 

-       preparing draft laws relating to industry, mines and energy sector; 

-       maintaining a register and regulate the activities of industry, mines and energy as stipulated in the Factories Management Law, the Anu-kret on Industrial Zone Authority, the Law on weight, measures, and metrology, the Law on Management of Mineral Resources, and the Electricity Law. 

-       researching, extracting, compiling, and administering all legal instruments and conventions related to industry, mines and energy sector; 

-       instructing and monitoring the implementation of laws and conventions related to industry, mines and energy; 

-       providing assistance on the implementation of laws related to industry, mines and energy for senior officials of the Ministry and other  entities under the jurisdiction of the Ministry; -   settling any labor disputes involving courts.