ANUKRET DATED JUNE 26, 1995

ON THE ORGANIZATION AND FUNCTIONING OF THE COUNCIL FOR

DEVELOPMENT OF CAMBODIA (CDC)

 it is hereby decided:

CHAPTER 1: THE ORGANIZATION OF THE COUNCIL FOR

THE DEVELOPMENT OF CAMBODIA

 Article 1:

 The composition of the Council for Development of Cambodia "CDC" is as follows:

  1. Samdech Krom Preah First Prime Minister Co-chairman
  2. Samdech Second Prime Minister Co-chairman
  3. Senior Minister in charge of Rehabilitation and  Development Vice-chairman
  4. Senior Minister in charge of Culture, Arts, Land Management and Urbanization Member
  5. Minister of Public Works and Transports Member
  6. Minister of Foreign Affairs and International Cooperation Member
  7. Minister of Economy and Finances Member
  8. Minister of Planning Member
  9. Secretary-General of CDC Member
  10. Secretary-General of the Cambodian Rehabilitation and Development Board Member
  11. Secretary-General of the Cambodian Investment Board Member

 Article 2:

 The organizational structure of the Council for Development of Cambodia (CDC) is as follows:

  1. The Cambodian Rehabilitation and Development Board "CRDB" shall be under the direct supervision of a Secretary-General.
  2. The Cambodian Investment Board "CIB" shall be under the direct supervision of a Secretary-General.
  3. The General-Secretariat of "CDC" shall be under the direct supervision of the Secretary-General of "CDC". This General-Secretariat shall be supported by four divisions, namely:

 Article 3:

The Secretary-Generals of "CDC"," CRDB" and "CIB" shall respectively be assisted in the performance of their duties by a Deputy-Secretary-General. Each Deputy-Secretary-General shall perform their task as delegated by his Secretary-General and subject to the approval of the executive committee of "CDC". In the performance of their duties, the Secretary-Generals shall consult on a regular basis with their respective Deputy-Secretary-General.

 Article 4:

 The organizational structure of the Cambodian Rehabilitation and Development Board is comprised of the following departments in charge of:

1. aid coordination and public relations

2. documentation and information

3. the management of bilateral aids:

 4. the management of multilateral aids:

 5. the management of aids of the United Nations Development Programs and other UN specialized Agencies.

 6. coordinating NGOs

 7. projects evaluation

 8. administration

 Article 5:

 The organizational structure of the Cambodian Investment Board is comprised of the following departments in charge of:

  1. information and documentation
  2. public relations and promotion of the private sector investments.
  3. investment project evaluation and incentives.
  4. environmental impact assessment
  5. inter-ministerial coordination.
  6. strategic planning of private sector investments.
  7. legal procedures and other matters relating to the Law on Investment.
  8. administration.

 Article 6:

Each department and each support division shall have an equivalent echelon of a Department. Such department or division shall be supervised by a department or division chief who in turn can be assisted by one or more deputy-chiefs.

 Article 7:

 The daily operation of CDC shall be led by an Executive Committee composing of the following members:

  1. Co-chairmen of CDC
  2. Vice-chairman of CDC
  3. Secretary-General of CDC
  4. Secretary-General of the Rehabilitation and Development Board.
  5. Secretary-General of the Cambodian Investment Board.

CHAPTER 2: ROLES AND RESPONSIBILITIES OF CDC

 Article 8:

 CDC shall be the executive agency of the Royal Government and shall have the following responsibilities:

 Article 9:

 The CDC shall submit for the approval of the Council of Ministers, any of the following investment projects involving:

Article 10:

 The CDC shall take full responsibilities for its actions before the Council of Ministers.

 Article 11:

 The CDC's roles and responsibilities in the rehabilitation and development process are as follows:

  1. to cooperate with the relevant ministries and institutions in preparing the conceptual frameworks of the National Rehabilitation and Development and in setting the priority needs of the country for the immediate term, the short-term, the medium-term and the long-term in order to prepare rolling plans of action. These plans of action are to be coherent, inter-related and mutually reinforcing.
  2. to cooperate with the relevant ministries and institutions in preparing socio-economic, and sectoral planning to develop Cambodia.
  3. to manage public sector investments in cooperation with the relevant ministries and institutions. This process shall mainly be related to the coordination and direction of the allocation and utilization of the national resources and external aid with the aim of rehabilitating and developing Cambodia.
  4. to serve as the "Focal Point" and the "one-stop service" of the Royal Government and the contributing countries, international organizations and NGOs, as well as being the "Focal Point" and "one-stop service" between the ministries and other governmental institutions in the coordination of external aid allocation and utilization.
  5. to sign pursuant to the delegation of authority of the Co-Prime Ministers and on behalf of the Royal Government, any legal agreements with bilateral and/or multilateral donors and international organizations pertaining the acceptance and the allocation aids.
  6. to lead preparatory works, in cooperation with the relevant ministries and institutions for the international conferences for rehabilitating Cambodia such as the "Consultative Group for Cambodia", and so on.
  7. to prepare for domestic and international distribution relevant documentation and regulations pertaining to public sector investments.
  8. to produce and submit semi-annual and annual reports to the Royal Government for its review and its recommendations of corrective measures of the rehabilitation and development works.

Article 12:

 In the management of the public sector investments, the roles and responsibilities of CDC are the following:

  1. CDC shall be the coordinator for setting the strategic conceptual frameworks and the public investment policies as well as setting up the priorities for public investment projects for the medium-term and for one year. 
  2. The Ministry of Foreign Affairs and International Cooperation shall be the diplomatic window.
  3. The Ministry of Planning shall prepare the 5 Years Plan and the public investment program, in cooperation with the relevant ministries and institutions.
  4. The Ministry of Economy and Finances shall prepare the macroeconomics framework for the medium-term and the budget for implementing the annual public investment programs and control the allocation of financing.
  5. The line ministries shall prepare the sectoral public investment projects and programs in cooperation with the Ministry of Planning and CDC, and is responsible respectively for the implementation of their relevant projects and programs.

 Article 13:

 The ministries and institutions hereinabove mentioned in article 12 shall undertake and implement their tasks with regards to public sector investments in coordination and through the "one-stop service" mechanism.

 Article 14:

 The Cabinet of the Council of Ministers and the ministries or institutions hereinabove mentioned in article 12 shall monitor the projects and programs within their respective responsibilities and in coordination through the " one-stop service" mechanism.

 Article 15:

 In the management of the private sector investments, the roles and responsibilities of CDC are the following:

  1. to serve as the "one-stop service" mechanism and the "Etat Major" of the Royal Government to review and decide on matters pertaining to investments as specified in Article 3 of the Law on Investment of the Kingdom of Cambodia.
  2. to study "the competitive advantage" of Cambodia in the international market. To set the vision of the private sector investment for Cambodia and to turn Cambodia into "Cambodia, Inc". To cooperate with the relevant ministries and institutions to prepare the strategy for private sector investments and to set private investment projects.
  3. to promote the private sector investment projects which have been determined by the Royal Government and to inform the investors of such projects in accordance to the procedures as set in the internal regulations of CDC.
  4. to coordinate the management of "B.O.T", "B.O.O.T", "B.O.O" and "B.L.T".
  5. to initiate and coordinate the management of special development zones.
  6. to identify and recommend to the Royal Government on the draft of laws, amendments, and other regulations so as to create favorable conditions conducive to private sector investments.
  7. to prepare for domestic and international distribution relevant documentation and regulations pertaining to private sector investments.
  8. to produce and submit semi-annual and annual reports to the Royal Government for its review and its recommendations of corrective measures concerning private sector investments.

 Article 16:

 The roles and responsibilities of CDC pertaining to private sector investments and its relations to the ministries and other governmental institutions are the followings:

  1. The CDC shall be the "one-stop service" of the Royal Government in the review and the decision of private sector investment projects.
  2. The relevant ministries and institutions shall provide their opinions in the review and the decision of private sector investment projects through the "one-stop service" as specified in Article 29.

 Article 17:

The CDC and the relevant ministries or institutions shall undertake and implement their tasks with regards to private sector investments in coordination through the "one-stop service" mechanism.

 Article 18:

 The CDC, in cooperation with the Cabinet of the Council of Ministers, the Ministry of Planning, the Ministry of Economy and Finances, the Ministry of Commerce and other relevant ministries or institutions, shall monitor the private investment projects which have been approved by CDC and in coordination through the " one-stop service" mechanism.

CHAPTER 3: THE FUNCTIONING OF CDC

Article 19:

The roles and responsibilities of the Co-chairmen of CDC are as follows.

Article 20

The roles and responsibilities of the Vice-chairman of CDC are as follows:

Article 21:

The roles and responsibilities of the Secretary-General of CDC are as follows:

Article 22:

The roles and responsibilities of the Secretary-General of the Cambodian Rehabilitation and Development Board (CRDB) are as follows:

Article 23:

The roles and responsibilities of CIB are as follows:

Article 24:

The roles and responsibilities of the members of CDC are as follows:

Article 25:

The meeting of the Executive Committee of the CDC shall be convened every two weeks.

Article 26:

The plenary meeting of the CDC shall be convened once a month.

Article 27:

On a need basis, the Co-chairman of CDC may convene an extraordinary meeting of the Executive Committee of the CDC or an extraordinary plenary meeting of the CDC.

Article 28:

The functioning of the meetings of the Executive Committee of the CDC and the plenary meeting of the CDC shall be specified in the internal regulations of the CDC.

Article 29:

The implementation of the "one-stop service" mechanism of CDC for reviewing and approving the matters pertaining to rehabilitation, development and investment shall be set according to the following principles:

1. For the organization of the Cambodian Rehabilitation and Development Board:

a). The Ministry of Foreign Affairs and International Cooperation, the Ministry of Economy and Finances, the Ministry of Planning and the Cabinet of the Council of Ministers shall appoint respectively its own official with an equivalent echelon of the Department Chief or Deputy-Chief to assist in the Cambodian Rehabilitation and Development Board. Such officials shall have the following qualifications:

b). Other ministries and institutions of the Royal Government shall delegate respectively a representative to participate in the "one-stop service" but on an "Ad Hoc" basis whenever their respective ministry’s competence comes into play, and upon the request of the Secretary-General of "CRDB".

c). The Secretary-General of "CRDB" shall provide necessary documentation to be inspected and approved at the meeting of the "one-stop service" to all representatives of the relevant ministries and institutions one week prior to the meeting so that the head of the relevant institutions may inspect such documentation and provide his opinions through his respective representative.

d). After preparing the necessary documentation, the Secretary-General of "CRDB" shall fit such projects or programs in the agenda of the "one-stop service" meeting for review.

e). The Secretary-General of "CRDB" shall organize the necessary documentation and other pertinent information resulting from the "one-stop service" meeting to the Secretary-General of CDC for his eventual submission to the Executive Committee of CDC.

2. For the organization of the Cambodian Investment Board (CIB):

a). The Ministry of Economy and Finances, the Ministry of Commerce, the Ministry of Planning and the Cabinet of the Council of Ministers, shall appoint respectively its own official with an equivalent echelon of the Department Chief or Deputy-Chief to assist in the Cambodian Rehabilitation and Development Board. Such officials shall have the following qualifications:

b). Other ministries and institutions of the Royal Government shall delegate respectively a representative to participate in the "one-stop service" but on an "Ad Hoc" basis whenever their respective ministry’s competence is related to private sector investments, and upon the request of the Secretary-General of "CIB".

c). The Secretary-General of "CIB" shall provide necessary documentation to be inspected and approved at the meeting of the "one-stop service" to all representatives of the relevant ministries and institutions one week prior to the meeting so that the head of the relevant institutions may inspect such documentation and provide his opinions through his respective representative.

d). After preparing the necessary documentation, the Secretary-General of "CIB" shall fit such projects or programs in the agenda of the "one-stop service" meeting for review.

e). The Secretary-General of "CIB" shall organize the necessary documentation and other pertinent information resulting from the "one-stop service" meeting to the Secretary-General of CDC for his eventual submission to the Executive Committee of CDC.

3. After receiving the necessary documentation and other pertinent information from the Secretary-General of CRDB and the Secretary-General of the CIB, the Secretary-General of CDC shall fit such projects or programs in the agenda of the meeting of the Executive Committee of CDC for their review and approval.

Article 30:

The details of the organization and functioning of the "one-stop service " and the CDC shall be specified in the internal regulations of the CDC.

Article 31:

The CDC shall have its own "cadres" as civil servants and its own budget. The management of the revenue and expenditure of the budget of the CDC shall be subject to the Financial Law.

CHAPTER 4: FINAL DISPOSITIONS

Article 32:

Any existing Anukret and decision contrary to this Anukret shall be annulled.

Article 33:

The CDC and the relevant ministries or institutions shall implement this Anukret from the date of its signatures.

 

Phnom Penh, June 26,1995

The First Prime Minister The Second Prime Minister

Royal Signature and Seal Signature and Seal

Norodom Ranariddh Hun Sen