NS/RKT/0500/097
KRET on
the
Particular
Statute of Kramkar Cadre of
Prison
Security Personnel of The Ministry of Interior
We,
Preah
Bat Norodom Sihanouk,
King
of the Kingdom of Cambodia
-
Having
seen the Constitution of the Kingdom of Cambodia,
-
Having
seen Kret NS/RKT/1198/72 of November 30, 1998 on the Appointment of the Royal
Government of Cambodia,
-
Having
seen Kram 02/NS/94, dated July 20, 1994, promulgating the Law on the
Organization and Functioning of the Council of Ministers,
-
Having
seen Kram 06/NS/94, dated October 26, 1994, promulgating the Law on Co-Statute
of the Civil Servants of the Kingdom of Cambodia,
-
Having
seen Kram NS/RKM/0196/08, date January 24, 1996, promulgating the Law on
Creation of the Ministry of Interior,
-
Having
seen Kret CS/RKT/1297/273 of December 1, 1997 on the General Principles for
Organization of the Civil Service,
-
Pursuant
to the Approval of the Council of Ministers at its plenary session dated May
12, 2000,
HEREBY
ORDERS
CHAPTER
1: General Provisions
Article
1:
To form a Cadre of Prison Security Personnel of
the Ministry of Interior, which shall be classified as Category C as stipulated in Article 5 of the
Kram CS/RKT/1297/273 of December 1, 1997 on the General Principles for
Organization of the Civil Service.
Article
2:
Civil servants of the Prison Security Personnel
cadre shall be subject to the Ministry of Interior.
Article
3:
Civil servants of the Prison Security Personnel
cadre of the Ministry of Interior shall have general management rights, educate
prisoners, coordinate administrative works, and functioning of central prison
and provincial and municipal prisons.
CHAPTER II
Ranks, Classes and Positions
Article
4:
The cadre of the Prison Security Personnel of
the Ministry of Interior shall be divided into of 3 ranks:
-
Director of Prison Security
Personnel shall be divided into 06 classes;
-
Principal Prison Security Personnel
shall be divided into 10 classes; and
-
Prison Security Personnel shall be
divided into 14 classes.
Article
5:
A Civil servant who is a Director of Prison
Security Personnel of the Ministry of Interior shall qualify to serve the
position as:
-
Administrator and Director of day-to-day
operation of the prison; and other equivalent positions, which are listed in
the organization chart of the Ministry of Interior.
A Civil servant who is a Principal Prison
Security Personnel of the Ministry of Interior shall qualify to serve the
position as:
-
Vice-Administrator and executive position of the
prison; and other equivalent positions, which are listed in the organization
chart of the Ministry of Interior.
Civil servant who is a Prison Security Personnel
of the Ministry of Interior shall qualify to serve the position as:
-
Manager for prisoners at the prison.
CHAPTER III
Selection and Probationary Training
Article
6:
Selection of Prison Security Personnel of the
Ministry of Interior shall be conducted by way of competitive examination among
candidates who are civil servants or among students (graduates). The number of
positions to be provided for the candidates who are civil servants and
graduates shall be determined by the Royal Government at the request of the
Ministry of Interior.
Article
7:
The competitive examination for graduates shall
be organized for candidates who holds a degree at least equivalent to
Baccalaureate II and who are not over 25 years of age as at the date of
examination. Such age limit may be extended from 25 to 30 years old pursuant to
Article 11 of the Co-Statute of Civil Servants.
The competitive examination among civil servants
shall be organized for civil servants who are serving at least at grade 11 of
category D and who are not over age
of (40) forty years.
Those civil servants of the Ministry of Interior
who hold Baccalaureate II are entitled to take the competitive examination
regardless of their status, titles and cadre and who are not over age of (40)
forty years.
Article
8:
The candidates selected by way of competitive
examination among civil servants and graduates shall be considered as Prison
Security Personnel Trainees and the Ministry of Interior shall organize a
probationary training.
CHAPTER IV
Probationary Training and Permanent
Appointment
Article
9:
After the probationary training, the Prison
Security Personnel Trainees shall be assigned to serve at different entities of
the Ministry of Interior and be appointed to the rank of Prison Security
Personnel by Prakas of the Ministry of Interior.
These probationary civil servants shall complete
the probationary training for the period as specified below:
1. 12
months for officials selected from among graduates;
2. 6
months for officials selected from among civil servants who have previously not
been serving in the Prison Security Personnel cadre.
Those officials who were selected from among
civil servants who have previously been serving in the Prison Security
Personnel cadre at the Ministry of Interior shall not be required to complete a
probationary training.
After the probationary training, the civil
servants stated in Sub-paragraph 1 and 2 above shall be permanently appointed
as Prison Security Personnel. In special cases, extra probation training may be
authorized for a maximum period of 12 months for officials stated in
Sub-paragraph 1, and 6 months for officials stated in Sub-paragraph 2. Any
official who has not successfully completed such training shall be removed (if
they are graduates) or transferred to their previous positions (if they are
civil servants) and their seniority shall be taken into account. Prakas of the
Ministry of Interior with specific reasons shall notify these no later than 3
months after the training.
Prison Security Personnel of the Ministry of
Interior who has been selected from among civil servants shall be allocated a
position with a salary index above his/her previous one.
Prison Security Personnel of the Ministry of
Interior who have been selected from among graduates though competitive
examination shall be allocated at level 14 of the Prison Security Personnel.
Prakas of the Ministry of Interior shall make
the appointment of Prison Security Personnel.
CHAPTER V
Appointment
Article
10:
After the permanent appointment to a cadre of
Prison Security Personnel, such Prison Security Personnel may be appointed to
any vacant positions consistent with their ranks as stated in Article 5 above
by Prakas of the Ministry of Interior pursuant to the formality determined by
Article 28 of the Kram 02/NS/94 of July 20, 1994 promulgating the Law on the
Organization and Functioning of the Council of Ministers.
CHAPTER VI
Promotion of Rank and Title
Article
11:
Officials of Prison Security Personnel cadre of
the Ministry of Interior shall be promoted according to conditions stipulated
in Article 20 and subsequent Articles of the Co-statute of Civil Servants.
The basic qualification that shall be taken into
account for promotion shall be as follows:
-
Proper respect for disciplines;
-
Adherence to accountability;
-
Successfully completed his/her assignments; and
-
Good morals.
The promotion of civil
servants to such positions shall be based on a proportion of three-fourths (¾)
selection and one-fourth (¼) by seniority.
Article 12:
Under the promotion
principles, a title shall be promoted to a Principal grade of the next higher
salary index or in case of emergency to the grade consistent with a higher
salary index that is superior to his/her previous index.
Promotions shall be
correspondent with the vacancies of such titles and be done in accordance with
records in the promotion book or through the competitive examination.
Prakas of the Ministry
of Interior shall do the promotion of grade and rank.
Article 13:
An official who has
reached grade 11 of the Prison Security Personnel may be promoted to Principal
Prison Security Personnel.
An official who has
reached grade 7 of Principal Prison Security Personnel may be promoted to
Director of Prison Security Personnel.
A promotion to higher
rank shall enable the interested official to serve a position parallel to such
new rank as stated in Article 5 of this Particular Statute.
Article 14:
A separate Kret shall determine the salary index for each
title of Prison Security Personnel and a unit value index and other
remuneration.
CHAPTER VII
Special Provisions
Article 15:
Officials of the
Prison Security Personnel who holds a Baccalaureate II plus two years of
studies at secondary institution shall be automatically promoted to one higher
grade.
Article 16:
Prison Security
Personnel cadre shall be retired at the age of 55 years. Prakas of the Ministry
of Interior shall determine such retirement.
Article 17:
The Ministry of
Interior shall determine the uniform and coat-of-title for the Prison Security
Personnel.
CHAPTER
VIII
Transitionnel
Provisions
Article 18:
The initial number of
cadre of Prison Security Personnel of the Ministry of Interior shall be
constituted from the reintegration of current in-post civil servants and actual
positions in the central, provincial or municipal administration.
CHAPTER IX
Final Provision
Article 19:
Any provisions, which
are contrary to this Royal Decree, shall be abrogated.
Article 20:
The Prime Minister of
the Royal Government of the Kingdom of Cambodia shall implement this Royal
Decree from the date of signature.
Article 21: This Kret shall be
effective from the date of signature.
Made
in Phnom Penh, May 19, 2000
Norodom Sihanouk
Having
submitted to the King for signature
Prime Minister: Hun Sen
Having
submitted to Samdech Prime Minister for signature
Co-Ministers of Interior: Sar Kheng You Hokry