ANUKRET DATED MAY 28, 1997
ON THE ORGANIZATION AND FUNCTIONING OF THE SECRETARIAT OF STATE OF THE CIVIL SERVICE
Translation certified by the Council of Jurists
019-ANK-BK
The Royal Government of Cambodia,
- having seen the 1993 Constitution of the Kingdom of Cambodia;
- having seen Kret dated September 24, 1993 on the appointment of the First Prime Minister and the Second Prime Minister of the Royal Government of Cambodia;
- having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia;
- having seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and functioning of the Council of Ministers;
- having seen Kret NS-RKT-1094-083 dated October 24, 1994 on the modification of the composition of the Royal Government of Cambodia;
- having seen Kret NS-RKT-1094-090 dated October 31, 1994 on the modification of the composition of the Royal Government of Cambodia;
- having seen Kram NS-RKM-0196-024 dated January 24, 1996 on the creation of the Secretariat of State of the Civil Service;
- having seen Anukret 020-ANK-BK dated April 30, 1996 on the organization and functioning of ministries and the Secretariat of State,
upon the proposal of the Secretary of State of the Civil Service;
the Council of Ministers having heard;
decides:
CHAPTER 1
GENERAL PROVISIONS
Article 1:
This Anukret determines the organization of the Secretariat of State of the Civil Service and establishes its missions as well as the attributions of each of its attached departments and organs.
CHAPTER 2
MISSIONS AND ORGANIZATION
Article 2:
The Secretariat of State of the Civil Service shall be charged by the PCM with managing State civilian personnel within the framework of the civil service.
Article 3:
The Secretariat of State of the Civil Service shall have the following responsibilities:
- study, development, and follow up of the implementation of legislation and regulations relating to the management of State personnel,
- prior advice from the Secretary of State of the Civil Service regarding any creation or modification of the structural organization of the administration,
- management of jobs and foreseeing management,
- preparation, propositions and follow up of the policy of human resources development and professional training policies of State public agents.
- propositions to the Ministry of the Economy and Finance regarding annual budgeted staffs consolidations from proposals of the various ministries, as well as follow up of their application,
- control of the consistency of the organization and the processing of competitive entry examinations in the civil service in accordance with Article 15 of the Common Statute of Civil Servants,
- control of the drafting of individual decisions regarding personnel management as proposed by the ministries and Secretariat of State, particularly with krets.
prakas shall bear a visa of the Secretariat of State of the Civil Service,
- production of management data on State human resources,
- examination of complaints concerning the civil service brought by civil servants in order to submit them to the litigation committee,
- study, preparation of projects and proposals regarding remuneration policies of civil servants,
- maintenance of the central administrative management archives regarding personnel.
Article 4:
The Secretariat of State of the Civil Service shall include the following departments under its authority:
- advisory department
- office of the inspector general
- department of financial and administrative management,
- general management department of the civil service, subdivided into three departments and two bureaus.
The organizational chart for the Secretariat of State of the Civil Service is annexed to this Anukret.
CHAPTER 3
THE ADVISORY DEPARTMENT
Article 5:
The advisory department of the Secretary of State shall be in charge of the missions provided by the Anukret 020-ANK-BK dated April 30, 1996 on the organization and the functioning of Ministries and the Secretariats of State.
CHAPTER 4
THE OFFICE OF THE INSPECTOR GENERAL
Article 6:
The office of the inspector general of the Secretariat of State of the Civil Service shall be responsible for:
- administrative control of management of State agents, particularly concerning the respect for procedures and the implementation of the regulations,
- advice to administrations concerning the management of human resources of the State,
- reports to the Secretary of State concerning the implementation of the regulations and guidelines in order to improve policy making in such matters.
The office of the inspector general shall be overseen by a general inspector assisted by a deputy general inspector and inspectors.
CHAPTER 5
THE ADMINISTRATION AND FINANCE DEPARTMENT
Article 7:
The administration and finance department shall be responsible for:
a) on administrative matters:
- coordination of activities between the different organs of the Secretariat,
- management of administrative management documents and the Secretariat's mail,
- ensuring the efficiency, administrative security, and supervision of the social activities within the Secretariat,
- recapitulation and preparation of the activities report for the Secretariat.
b) on personnel management matters:
- administrative management of civil servants and agents of the Secretariat,
- preparation of administrative management actions concerning the bodies,
- plans for positions and human resources for the Secretariat,
- conception of training policy, implementation, follow-up, and evaluation of the training needs of personnel,
- preparation of statistics and production of decision making tools for personnel management.
c) in the area of equipment management:
- centralization of equipment needs, planning of expenses, and management of repair work relating to the equipment of the Secretariat,
- management of furniture, real estate, and equipment stocks, and the establishment of inventories,
- management of the garage and of the cars provided by the State to the Secretariat, as well as related expenses, fuel, and spare part distribution,
- reception and distribution of equipment to various departments of the Secretariat,
- maintenance of files and accounting materials,
- technical control of public acquisition operations.
d) in the area of financial and accounting management:
- preparation of the draft budget of the Secretariat of State and follow-up of its implementation,
- centralization and coordination of budgetary expenses,
- follow-up of the management of special accounts,
- centralization and coordination of the Secretariat's expenses,
- management of accounts for public acquisition costs.
CHAPTER 6
GENERAL MANAGEMENT DEPARTMENT OF THE CIVIL SERVICE
Article 8:
The general management department of the civil service shall be in charge of the coordination of operational management activities of the Secretariat.
This includes:
- department of regulations and administrative litigation,
- department of employment, studies and personnel training,
- department of administrative control and management personnel,
- bureau of archives,
- bureau of data processing.
The general management department shall be headed by a general director assisted by a deputy general director(s).
Each department shall be headed by a director assisted by a deputy director(s).
Article 9:
The department of regulations and administrative litigation shall be responsible for the following duties:
- coordination, control of development, and follow-up concerning regulations relating to management procedures for the personnel of ministries;
- study, development, and evolution proposals concerning regulations relating to the common status of civil servants, as well as control of the validation of the proposals of the ministries concerning particular statutes,
- giving of prior advice concerning any innovation or modification concerning the structural organization of the administration,
- study and proposal concerning civil agent remuneration policies,
- preparation of statements of case before jurisdictions, in the event of administrative litigation.
Article 10:
The department of employment, studies and training shall be responsible for the following duties:
- management of the estimated table of position profiles, staff, and their geographic locations. Follow-up of its short, medium and long-term evolution. It shall be based on the management of descriptions of jobs, staffs and their geographic locations as determined by the different ministries. This table shall be established according to the general policy and objectives assigned to the Civil Service,
- redefinition of job responsibilities according to the foreseeable evolution of jobs,
- conception and implementation of the training program of public agents within the framework of job management.
To fulfill these duties, the department shall:
- coordinate and cooperate with the various ministries concerned on actions of professional training and on job training of public agents,
- take into consideration adjustments to the education policy in the medium and long term.
- cooperate with the Royal School of Administration in the training program,
- control the consistency of the organization and the processing of competitive entry examinations for the civil service;
- establishment of management data on State human resources and action proposals.
Article 11:
The department for administrative control and personnel management shall be responsible for the following duties:
- verification of the administrative validity of drafts of decisions of personnel management, including krets and anukrets, according to particular statutes and regulations, and granting a visa by the head manager of the department on such decisions to submit them for the signature of the Prime Minister,
- control of the administrative validity of management decisions concerning civil servants determined by prakas of the Ministries, then submitting them to the Secretary of State for a visa;
- maintenance of the record of permanent State public agents, that shall be centralized at its level,
- recapitulation of changes concerning public agents and families.
Article 12:
The bureau of archives shall be responsible for keeping of the central administrative archives of the State civilian personnel. Each file shall allow reconstituting on the legal plan the career of the civil servant and shall contain an official copy of all decisions of management concerning it.
Article l3:
The bureau of data processing shall be particularly in charge of:
- management of information resources for the Secretariat of State,
- ensuring the computer correspondence between various ministries concerning the management of administrative personnel,
- ensuring the maintenance of software and computer installation equipment for the Secretariat of State.
CHAPTER 7
FINANCIAL CONTROL SERVICE
Article 14:
The financial control service shall be established by the Minister of Economy and Finance, pursuant to the conditions provided in Anukret 081-ANK-BK dated November 16, 1995 on the financial control of budgeted expenses in the ministries.
CHAPTER 8
FINAL DISPOSITIONS
Article 15:
The organization and the functioning of the Secretariat of State of the Civil Service below the level of a department shall be determined by prakas of the Secretary of State of the Civil Service.
Article 16:
All provisions contrary to the this Anukret are hereby repealed
Article 17:
The Co-Ministers of the Office of the Council of Ministers, the Secretary of State of the Civil Service and all Ministers and Secretaries of State concerned shall be responsible for the enforcement of this Anukret with effect from the date of its signature.
.
Phnom Penh, May 28,1997
The First Prime Minister
Norodom Ranariddh
The Second Prime Minister
Hun Sen
Presented for the signature of the First Prime Minister and of the Second Prime Minister,
the Secretary of State of the Civil Service,
Prak Sok