ANUKRET
on
the Organization and Functioning
of
the Royal Academy of Cambodia
-
Having seen the
Constitution of the ;
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Having seen Reach Kret
No. NS/RKT/1198/72, dated November 30, 1998 regarding the Establishment of the
Royal Government of Cambodia;
-
Having seen Reach Kram
No. 02/NS/94, dated July 20, 1994, promulgating the Law on the organization and
functioning of the Council of Ministers;
-
Having seen Reach Kret
No. NS/RKT/0599/97, May 11, 1999 on the Creation of the Royal Academy of
Cambodia;
-
Having seen Reach Kret
NS/RKT/220 of December 27, 1999 on the Creation of Public Cultural and
Scientific Institute known to as “Royal
Academy of Cambodia”;
-
Having seen Reach Kret
NS/RKT/1297/91 of December 31, 1997 on the General Statute of Incorporation of
public administrative establishment;
-
Pursuant to the need the
works;
CHAPTER 1
General Provisions
Article 1:
This Anukret defines the organization of structure, mission, role, and
duty of the Royal Academy of Cambodia.
Article 2:
The Royal Academy of Cambodia is a public administrative institution
subject to technical supervision of the Council of Ministers and financial
supervision of the Ministry of Economy and Finance.
Chapter 2
Mission and Structure
Article 3:
The Royal Academy of Cambodia is delegated by the Royal Government to
develop Cambodian intellectual force and to encourage, guide, manage and
promote researches in all subjects/disciplines within the Kingdom and establish
cooperative research relationship with local and international organizations of
similar objectives.
The Royal Academy of
Cambodia shall have the following functions and duties:
-
To manage and promote
research of Khmer and all subjects in the Kingdom;
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To establish cooperative
research relationship with ministry, institution, national and international
organizations which have similar objectives;
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To organize scientific
and education forums in order to develop all sectors of the Kingdom;
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To conduct training of
Master degree and Ph.D. degree;
-
To widely publicize
documents, research works, findings in national language to the general public in the Kingdom and in
foreign language in order to disseminate Khmer literature at the international
level;
-
To collect and compile
research documents about Cambodia, countries in the region, and the world;
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To advocate/combine
national intellectual forces to promote development of the Kingdom;
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To submit a proposal for
giving scientific medal to first-class national and international dignitaries;
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To participate and
cooperate in the protection of scientific intellectual property of all fields;
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To examine and evaluate
scientific research works;
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To examine and evaluate
social evolution and participate in the development process;
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To cooperate and
participate in the preparation of specialized research institute at ministerial
level;
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To create and manage
regional branches of the Royal Academy of Cambodia in the Kingdom; and
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To cooperate with
relevant ministries to help with creation and management of
provincial/municipal pre-historic and historical museums.
CHAPTER 3
Management and Administration
Section 1
Executive Committee
Article 4:
4.1 The Royal Academy of Cambodia shall operate
under the management of the Board of Directors. The Board of Directors shall
elect an executive committee for leading and management of day-to-day
activities. The executive committee shall have full rights to perform missions
except those of Board’s missions stated in Article 9 of Reach Kret on the Royal
Academy of Cambodia.
4.2 The Executive Committee shall have
following responsibilities:
- Chief, whose status is equivalent to under-secretary of State,
has general liability;
- One member, whose status is equivalent to under-secretary of
State, as secretary;
- One member, whose status is equivalent to under-secretary of
State, in charge of two institutes:
·
Institute of Culture and
Fine Arts; and
·
Institute of
Anthropology and Social Science.
- One member, whose status is equivalent to under-secretary of
State, in charge of two institutes:
·
Institute of Biology,
Medicine and Agriculture; and
·
Institute of Science and
Technology.
- Vice Chairman of the Board of Directors who is also the director
of the Royal Academy of Cambodia, whose status is equivalent to under-secretary
of State, in charge of Institute of National Language.
4.3 The roles of the Executive Committee and
Director of Institute of National Language are as follows:
- To receive work programs from the Executive Committee through
the general secretariat for the institute;
- To assess the performance and projects of the subordinate
institutes and submit to the Executive Committee through the general
secretariat for review and decision;
- To promote a development of the institute and other subordinate
entities.
Section 2
Executive
Entity
Article 5:
The Executive Committee shall have two executive entities as follows:
(a) Cabinet
The Cabinet of the Royal Academy of Cambodia shall be headed by one
director and assisted by a number of vice director if necessary.
The director of cabinet shall enjoy a status equivalent to vice
director of department. The vice director shall enjoy a status equivalent to
director of office.
(b) General Secretariat
The General Secretariat shall be headed by one secretary general and
assisted by two assistants who shall enjoy status equivalent to director
general.
Article 6:
As an administrative entity of the Executive Committee the general
secretariat shall have the following roles:
- To receive work programs from the Executive Committee for
implementation by the subordinate entity;
- To receive proposal from subordinate entities and submit to the
Executive Committee for decision;
- To manage overall business of the Royal Academy of Cambodia and
prepare files and submit to the Executive Committee;
- To prepare agenda for the Executive Committee and general
assembly of the Royal Academy of Cambodia and prepare minutes and reports;
- To prepare and install equipment for the Royal Academy of
Cambodia as authorized by the Executive Committee;
- To prepare activity report for every September for submission to
the Executive Committee;
- The
General Secretariat shall consist of four units:
·
Administration and
Finance;
·
Planning and Public Relations;
·
Training and Research;
·
Publications.
Article 7:
The Administration and Finance, Planning and Public Relations Units
shall be headed by the first vice secretary general and put together overall
works of subordinate entities for submission to the secretary general.
The Training and Research and Publications Units shall be headed by the
second vice secretary general and put together overall training and research
and publication works of subordinate entities for submission to the secretary
general.
The Administration and Finance with a status equivalent to department
and have the following roles:
-
To be responsible for
administration, finance and logistics;
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To prepare
administrative and financial files;
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To maintain security,
order, material safeguard, hygiene;
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To manage personnel
files, prepare payroll and welfare;
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To prepare budget plan,
material plan and other means of works;
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To manage immovable and
movable property and all revenues and expenses of the institute;
Article 8:
The Planning and Public Relations unit with a status equivalent to
department shall have the following roles:
-
To prepare master plan
of all units of the institute;
-
To prepare and manage
data system of the Institute;
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To develop coordination
program with research institute and local and international organizations;
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To coordinate assistance
and manage and evaluate project implementation on both technical and financial
aspects;
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To establish relations
with ministry, local national and international organization for development of
research;
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To coordinate activities
with various institutions and international affairs;
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To manage all operation
files;
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To maintain procedures,
research files, Royal Academy of Cambodia’s officers who are on foreign
mission;
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To select and manage
scholars and interns who continued their studies abroad;
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To prepare a list of
titles of research for Master degree or higher degree.
Article 9:
The Training and Research Unit with a status equivalent to department
shall have the following roles:
-
To study about program
and topics of training of Master degree and Ph.D. in the region and in the
world;
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To organize projects for
Master and Ph.D. training;
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To manage and coordinate
programs and topics of Master degree and Ph.D. training;
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To develop program for
placement examination among students for Master degree and Ph.D. training;
-
To study about local and
external research institutes;
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To establish research
relationship with the above institutes;
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To administer and
coordinate local researches; and
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To manage and organize
translations.
Article 10:
The Publication unit with a status equivalent to department shall have
the following roles:
-
To examine research
texts of all units of institute under the Royal Academy of Cambodia;
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To review all translated
texts of all units of institute under the Royal Academy of Cambodia;
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To prepare publication
project and distribution of the above texts;
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To organize a
distribution of printed works of the Royal Academy of Cambodia;
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To collect high-level
research works inside and outside of the Kingdom for library of the Royal
Academy of Cambodia; and
-
To manage the library of
the Royal Academy of Cambodia.
CHAPTER 4
Subsidiary
of the Royal Academy of Cambodia
Section 1
Institute
Article 11:
Under Article 20 of the Royal Decree, the Royal Academy of Cambodia
shall have five institutes. Each institute shall have a status equivalent to
general department and each division shall be equivalent to department.
Article 12:
The five subsidiary institutes of the Royal Academy of Cambodia shall
have the following roles:
-
To implement activities
as instructed by the Executive Committee;
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To manage and develop
specialized units under their supervisions; and
-
To propose financial
plan, and training, research, publication projects by cooperation with the
specialized units.
Article 13:
Each institute shall have its autonomy in internal management and use
of budget allocated for its own projects.
Article 14:
The composition and rank of institute’s leadership:
-
Director, Ph.D. degree,
has equivalent rank to director general;
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Vice-director, Ph.D.
degree, has equivalent rank to vice-director general;
-
Permanent secretary,
Ph.D. or Master or bachelor degree, has equivalent rank to director of
division; and
-
Director of specialized
unit, Ph.D. or Master or bachelor degree, has equivalent rank to director of
division.
Section 2
Branch of
the Royal Academy of Cambodia
Article 15:
The Royal Academy of Cambodia may have its regional branches to promote
development of all sectors within the Kingdom.
The roles and duties of regional branches shall be determined by a
Prakas of the Royal Academy of Cambodia.
Section 3
Pre-historic
and Historic Museums
Article 16:
The pre-historic and historic museums may be created for each
province/municipality for storing documents, works, artifacts etc. of previous
generation and domestic historic inheritances.
This museum, which is a symbol of provincial/municipal pride, shall be
subject to technical supervision of the Royal Academy of Cambodia.
CHAPTER 5
Personnel of
the Royal Academy of Cambodia
Article 17:
17.1 The permanent personnel of the Royal Academy
of Cambodia include civil servants who has been appointed or transferred to
work at the Royal Academy of Cambodia in accordance with the provisions of the
law and other relevant regulations.
17.2 The Anukret on the organization and
functioning of the Royal Academy of Cambodia authorized the Royal Academy of
Cambodia to recruit non-civil servant staff through contract to perform any
special work. Such staff shall be subject to internal regulations and decisions
of the Board of Directors in compliance with labor law.
17.3 The Royal Academy of Cambodia’s personnel
shall be governed by staff regulation decided by the Board of Directors. The
staff regulation governing the civil servants shall not be contrary to the law
and other regulations related to civil servants.
CHAPTER 6
Property of
the Royal Academy of Cambodia
Article 18:
18.1 The Royal Academy of Cambodia shall manage
the State property under the conditions stated in the provisions concerning
such matter.
18.2 The Royal Academy of Cambodia may have its
personal budget and property and may accept donation and heritage from national
and international donors for its public interests.
CHAPTER 7
Financial
and Accounting Management
Article 19:
Unless it is provided otherwise in the Royal Decree on the creation of Royal Academy of Cambodia, the Royal
Academy of Cambodia shall subject to the principles of public accounting for
its financial and accounting management as defined in Article 122 of Anukret
No. 82 of November 1995 on the general regulation of public accounting.
Article 20:
20.1 The director of the Royal Academy of Cambodia
is a principal ordonnateur for the Royal Academy of Cambodia. In order to
comply with the Royal Academy of Cambodia’s internal regulations, the director
shall have the following roles:
-
To examine and remit
revenues; and
-
To arrange payment and
order expenses.
20.2 The principal ordonateur may assign a
delegated ordonateur or with an agreement of the accountant to create an
excised tax revenues or advance.
Article 21:
21.1 The financial operation and account
management shall be done in compliance with the Royal Academy of Cambodia’s
internal regulations under direct liability of the accountant.
Such accountant shall be appointed by a Prakas of the Minister of
Economy and Finance and take an oath for taking office. The accountant shall
participate in the Board meeting in a capacity of consultant.
The Royal Academy of Cambodia may propose an appointment of accountant
to manage its financial entities. During the term of such appointment, the
accountant shall be under direct supervision of the director.
21.2 The roles of the accountant are:
- To collect revenues;
- To make payment of expenses;
- To maintain, manage and use fund and valuables; and
- To keep letters of proof and manage account books.
21.2 The accountant may assign some of rights to other officer in the
office.
CHPATER 8
Fiscal
Policy of the Royal Academy of Cambodia
Article 22:
Unless there is derogation provide otherwise in the law, the Royal
Academy of Cambodia shall subject to the general regulations of fiscal policies
applicable to other public entities.
CHPATER 9
Logo and
Seal
Article 23:
The Royal Academy of Cambodia shall have its own logo and seal.
CHPATER 10
Supervisory
Article 24:
The Royal Academy of Cambodia shall subject to:
1) The supervisory of the Minister in charge of the Council of
Ministers who shall be liable for the functioning of the Royal Academy of Cambodia.
2) The financial supervisory of the Minister of Economy and
Finance.
Article 26:
26.1 The Royal Academy of Cambodia shall submit
the Council of Ministers, Minister in charge of the Council of Ministers, the
Minister of Economy and Finance a report stated in Article 34 which include the
following documents:
- Minutes of meeting of the Board;
- Plan for extension of the Institute;
- Annual budget; and
- Management report and annually financial accounts.
26.2 These documents shall be sent to the
addressees within no later than fifteen (15) days.
Section 1
Technical
Supervisory
Article 27:
27.1 Within fifteen (15) days after the Board
meeting, the director of Royal Academy of Cambodia shall submit the Minister in
charge of the Council of Ministers, the Minister of Economy and Finance the
development programs and budget plan for approval. The Minister of Economy and
Finance shall have a period of one (1) month counting from the receipt of such
documents to prepare his comments for the Minister in charge of the Council of
Ministers. The Minister in charge of the Council of Ministers shall have a
period of two (2) months counting from the receipt of such documents to approve
on such documents.
27.2
The approval shall be
properly signed by the Minister in charge of the Council of Ministers or
representative and shall be sent to the director of the Royal Academy of
Cambodia with a carbon copy to the Minister of Economy and Finance. The
director of the Royal Academy of Cambodia shall notify this to the Council for
Development of Cambodia as soon as possible.
If the Minister in charge of the Council of Ministers failed to respond
within the specified period, the development programs and budget plan shall
deemed approved.
If the Minister in charge of the Council of Ministers objected to the
development programs and budget plan, the Board of Directors shall convene the
Board meeting immediately to discuss and find solution to such objection.
The development programs and budget expense in capital may not be
implemented if the objection of the Minister in charge of the Council of
Ministers remains unresolved.
The regular budget expenses may be implemented only to the extent of
system divided into “twelve” while an objection raised by the Minister in charge
of the Council of Ministers.
Article 28:
28.1 Within the scope of his rights of objection,
the Minister in charge of the Council of Ministers may object to the documents
submitted under Article 27 above, including minute of the Board meeting,
management report, and annually financial accounts. The Minister in charge of
the Council of Ministers shall have a period of one month to make such
objections.
28.2 The director of the Royal Academy of Cambodia
shall notify the contents of this objection to the Board of Directors as soon
as possible.
The Board of Directors shall immediately to discuss such objection of
the Minister in charge of the Council of Ministers and find solution to such
objection. The reasons must be specified if the Board of Directors disagreed
with such objection and written notice shall be given to the Minister in charge
of the Council of Ministers immediately.
Article 29:
29.1 The Minister in charge of the Council of
Ministers may cancel or withhold the decision of the Board of Directors or
director of the Royal Academy of Cambodia if such decision is:
- Contrary to the objective of the Royal Academy of
Cambodia;
- Contrary to law or regulations; or
- Made by incompetent authority or in an illegal meeting of the
Board.
29.2 Such cancellation or withholding shall be
made through a Prakas of the Minister in charge of the Council of Ministers by
specifying reasons based on his own or a complaint of relevant parties. A
cancellation or withholding of such decision shall be notified to the director
of the Royal Academy of Cambodia and the director shall then notify to the
Board of Directors immediately.
Article 30:
If the Board of Directors or director failed to comply with rules
provided by the laws, regulations or internal regulations of the Royal Academy
of Cambodia, after giving the written instruction and restrictions, the
Minister in charge of the Council of Ministers may manage the activities, issue
decision and use all necessary measures.
Article 31:
The Minister in charge of the Council of Ministers may organize a
verification or inspection over the Royal Academy of Cambodia’s affairs if he
thinks necessary under the conditions and procedures provided by the law and
regulations in force.
Section 2
Financial
Supervisory
Article 32:
31.1 Within fifteen (15) days after the Board
meeting, the director of Royal Academy of Cambodia shall submit the Minister in
charge of the Council of Ministers and the Minister of Economy and Finance the
annual management and financial account report. The Minister in charge of the
Council of Ministers shall have a period of one (1) month counting from the
receipt of such documents to prepare his comments for Minister of Economy and
Finance. The Ministers and the Minister of Economy and Finance shall have a
period of two (2) months counting from the receipt of such documents to approve
on such documents.
31.2 The approval to be properly signed by the
Minister of Economy and Finance or representative shall send to the director of
the Royal Academy of Cambodia with a carbon copy to the Minister in charge of
the Council of Ministers. The director of the Royal Academy of Cambodia shall
notify this to the Board of Directors as soon as possible.
If the Minister of Economy and Finance failed to respond within the
specified period, the annual management and financial account report shall
deemed approved.
If the Minister of Economy and Finance objected to the annual
management and financial account report, the Board of Directors shall convene
the Board meeting immediately to discuss and find solution to such objection.
The annual management and financial account report may not be approved if the
objection of the Minister of Economy and Finance remains unresolved.
Article 33:
The decision of the Board of Directors and director of the Royal
Academy of Cambodia shall be submitted for prior approval from the Minister of
Economy and Finance based on the consultation of the financial controller,
including the following decisions:
- Sale or transfer of immovable property;
- Exemption of any loan that is exceeding an amount determined
by the Minister of Economy and Finance; and
- Loan agreement, guaranty agreement, or similar instruments.
Article 34:
The Minister of Economy and Finance shall appoint one financial
controller, for the Royal Academy of Cambodia, who shall conduct prior and post
inspection over the affairs of the Royal Academy of Cambodia as stated in
Anukret No. 81 of November 16, 1995 on the creation of financial control over
expenses of the ministry, provincial/municipal entities, and public
administrative entities.
Article 35:
35.1. The principal
ordonateur’s management over the Royal Academy of Cambodia shall be subject to
the control of the financial inspectorate of the Ministry of Economy and
Finance.
35.2 The accountant’s management shall be subject
to the control of the central accountant of the National Treasury and the
general financial inspectorate.
35.3 The Minister of Economy and Finance may
arrange a verification, inspection, or control over the Royal Academy of
Cambodia when he thinks necessary under the conditions and procedures provided
by the law and regulations in force.
CHAPTER 11
Final
Provision
Article 36:
The organization and functioning of the Royal Academy of Cambodia
beginning from the department or lower ones shall be determined by Prakas of
the Royal Academy of Cambodia.
Article 37:
Any provisions which are contrary to this Anukret shall be deemed
abrogated.
Article 38:
The Minister in charge of the Council of Ministers, the Co-Ministers,
all relevant Ministers and Secretaries of Sate and the Royal Academy of
Cambodia shall effectively implement this Anukret.
Article 30:
This Anukret shall enter into force from the date of signature herein.
Phnom Penh, April 17, 2000
Prime Minister: Hun Sen
Having submitted to Samdech Prime Minister for signature.
Senior Minister and Minister in:
charge of the Council of Ministers: Sok An