Anukret May 5, 1995 Status of the ERA

ANUKRET DATED MAY 5, 1995

ON THE STATUS OF THE ROYAL SCHOOL OF ADMINISTRATION (ERA)

Translation certified by the Council of Jurists

040-ANK

The Royal Government of Cambodia,

having seen the 1993 Constitution of the Kingdom of Cambodia;

having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia;

having seen the Franco-Cambodian Accord dated February 25, 1994 relating to the reestablishment of the Cambodian Royal School of Administration;

having seen Kret NS-RKT-0495-040 dated April 21 ,1995 on the creation of the Royal School of Administration;

upon the proposal of the Co-Ministers in charge of the Office of the Council of Ministers;

the Council of Ministers having heard in its session on March 7, 1995;

decrees:

Article 1:

The Royal School of Administration, established by Kret NS-RKT-0495-040 dated April 21, 1995, shall be a State institution, and a legal entity under the supervision of the Office of the Council of Ministers. It shall have a special budget incorporated into the budget of the Office of the Council of Ministers.

Article 2:

The Royal School of Administration shall have its headquarters in Phnom Penh, Street Oknha Nhiek Tioulong (formerly Street 466), Khan Chamcar Mon.

Article 3:

The Royal School of Administration's mission shall be to recruit and undertake initial and on-the-job training of civil servants called to serve within the Administration of the Kingdom.

Article 4:

The list of bodies, the recruitment for which shall be undertaken by the Royal School of Administration, shall be determined by statutory provisions governing the different bodies of civil servants of the Kingdom or, failing which, by an anukret of the Council of Ministers.

CHAPTER FIRST

THE ORGANIZATION OF THE ROYAL SCHOOL OF ADMINISTRATION

Article 5:

The Royal School of Administration shall be placed at the same level as a General Director, under the authority of a Director, assisted by a Board of Directors. The Director shall be assisted by a Director of Studies for his/her scholastic tasks and by one or more technical Directors in charge of financial and administrative tasks and of the organization of internships.

Article 6:

The Director shall ensure the functioning of the School according to the decisions of the Board of Directors; he shall:

ensure respect for internal discipline per the conditions provided in the Internal Regulations;
represent and manage the establishment;
prepare the budgets and financial and administrative accounts of the School;
authorize the expenses of the School in accordance with budget estimates of the current year;
organize competitive entry examinations and examinations in accordance with general principles of anonymity and double grading provided by the Internal Regulations;
appoint teachers after confirmation by the Permanent Committee;
organize probationary periods;
recruit temporary teaching personnel and support staff;
prepare an organizational chart and the organization and management of the Royal School of Administration;
submit to the Board of Directors an annual report on the social and financial situation of the School and on development projects;
sign conventions between the Royal School of Administration and other administrative departments, enterprises, Cambodian professional organizations, foreign countries, international organizations and institutions, subject to the approval of the Board of Directors and the endorsement of the two Prime Ministers.

Article 7:

The Board of Directors shall be composed of:

Representatives of the Office of the Council of Ministers (Co–Presidents)
A representative of the Ministry of Foreign Affairs and International Cooperation (Member)
A representative of the Ministry of Interior (Member)
A representative of the Ministry of Economy and Finance (Member)
A representative of the Ministry of Justice (Member)
A representative of the Ministry of Education, Youth Sports (Member)
A representative of the Secretary of State of the Civil Service (Member)
Two qualified dignitaries (Members)
The Director of the School (de jure Member)
The Director of Studies (guest Member)

The Board shall designate a Secretary, who may be selected from among the personnel of the School.

Article 8:

The President and the members of the Board of Directors shall be appointed by a decision of the Government. When a seat becomes vacant, a new member shall be appointed.

Article 9:

The Board of Directors shall:

approve the Internal Regulations, study programs, procedures concerning examinations and competitive entry examinations, and the composition of the reviewing boards;
approve the budget;
authorize the creation of special Annex Centers and approve the social conventions between Royal School of Administration and national or foreign institutions or services;
oversee the management of the Director and approve his/her annual report;
designate, within the Board, a permanent Committee in charge of managing day–to-day operations;
and, more generally, address all principle questions concerning the organization and functioning of the School.

Article 10:

The Board of Directors shall meet in regular sessions during the first week in the months of May and September; it shall meet in special session upon the proposal of the President, the Director of School, or of half its members. The meeting notice from the President shall include an agenda.

Article 11:

The Board of Directors may officially meet only when the quorum requirement (a majority of members) is met. Decisions shall be made by the majority of the members present. In case of a tied vote, the vote of the President shall be determinative. The representation of members shall not be authorized.

Article 12:

A Permanent Committee of the Board of Directors established pursuant to Article 9 shall include the Director and four members of the Council designated by the Council during its regular meeting in May. The Director of Studies shall be invited to the sessions of the Permanent Committee.

The Permanent Committee shall meet the last week of each month; it shall report its activities to the Board of Directors.

CHAPTER 2

RECRUITMENT FOR THE ROYAL SCHOOL OF ADMINISTRATION

Article 13:

Admittance to the Royal School of Administration shall be undertaken through competitive entry examinations for the training of Executive and Mid-Level Civil servants; it shall be made by designation for on-the-job training sessions.

Section 1

Initial Training

Article 14:

A decision of the Office of the Council of Ministers shall prescribe the number of places available for each competitive entry examination, as well as the requirements for admission, the types of tests to be administered, and the composition of the evaluation boards.

Article 15:

No one shall be allowed to take the competitive entry examinations more than three times at the same level: Executive and Mid-Level Civil Servants.

Article 16:

Non civil service students admitted to the School shall have the status of civil service trainees. All the students shall, upon their entry in the School, sign a commitment to serve the State for at least 7 years starting from the date of their nomination.

Article 17:

Examinations shall be anonymous and submitted to a double grading.

Article 18:

The admission board for each competitive entry examination shall exclusively decide, before the anonymity of the tests is removed, the number of candidates to admit to the examinations. In case of a tied vote, the vote of the President of the jury shall be determinative.

Section 2

On-The-Job Training Sessions

Article 19:

The list of trainees admitted to attend the on-the-job training sessions shall be determined by a decision of the Office of the Council of the Ministers, upon the proposal of the Ministers and services concerned.

Article 20: Trainees shall be placed in the position of secondment for the duration of the on-the-job training session.

CHAPTER 3

SCHOLASTICS AT THE ROYAL SCHOOL OF ADMINISTRATION
Section 1

Initial Training

Article 21:

The scholastic program shall last for two years. It shall include teaching and probationary periods in lieu of test rankings.

Article 22:

Studies and probationary period programs shall be determined by the Director upon the proposal of the Director of Studies; they shall be submitted for the approval of the Board of Directors.

Article 23:

The scholastic program may be supplemented, at the end of the school program, by a specialized training intended to improve job adaptation. To this end, conventions shall be passed between the Royal School of Administration and the Administrations concerned to determine the guidelines for such training.

Section 2

On-The-Job Training Sessions

Article 24:

On-the-job training sessions shall last for nine months; they may, if necessary, be preceded by a linguistics pre-training program. Such sessions shall not be terminated due to a final ranking.

Article 25:

Trainees having obtained for the session an above-average grade shall receive a scholastic certificate and may be eligible for a promotion.

CHAPTER 4

FINAL RANKING

Article 26:

A Decision of the Office of the Council of Ministers shall determine the careers available to the Executive and Middle-Level Civil Servants, shall establish the evaluation boards responsible for the ranking and shall determine the nature and the number of tests.

Ranking shall be determined on the basis of the total amount of points obtained by each student by adding, while considering coefficients, the probationary period grade, the coursework grade and the final examination grades.

Article 27:

Students registered on the admission list shall choose their body and the Administration in which they shall be assigned in accordance with their order of ranking. They shall be placed in a permanent position at the end of the regular the probationary period.

Article 28:

The evaluation board shall not select from the ranking list those students whose grades are below average.

Article 29:

The student that, for any reason, fails to successfully complete his/her scholastic program, shall not be allowed to distinguish themselves as a former student of the Royal School of Administration.

CHAPTER 5

VARIOUS PROVISIONS

Article 30:

The Internal Regulations, approved by the Director after concurrence of the Board of Directors, shall define the rights and obligations of students and trainees, the requirements of the scholastic program and the disciplinary regime.

Article 31:

All provisions contrary to this Anukret are hereby void.

Article 32:

The Co-Ministers in charge of the Office of the Council of Ministers, the Ministers concerned, the Director of the Royal School of Administration and the Board of Directors, shall be responsible for the implementation of this Anukret from the date of its signature.

Phnom Penh, May 5, 1995

The First Prime Minister

Norodom Ranariddh

The Second Prime Minister

Hun Sen