Royal Government of Cambodia
No. 50/ANK/BK 

Anukret

On Temporary Leave of Civil Servants, Court Officials,
Police Officials and the Royal Armed Forced 

The Royal Government of Cambodia

 

  • Referring to the 1993 Constitution of the Kingdom of Cambodia;

  • Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the formation of the Royal Government of Cambodia;

  • Referring to Reach Kram No. 02/NS/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;

  • Referring to Reach Kram No. 06/NS/94 of October 30, 1994 promulgating the Law on the General Statutes of the Civil Service of the Kingdom of Cambodia;

  • Referring to Reach Kram CS/RKM/197/05 of November 6, 1997 promulgating the Law on the General Military Statutes of the Royal Cambodian Armed Forces.

  • Referring to Reach Kret No. NS/RKT/1298/88 of December 6, 1998 on the Appointment of Undersecretaries of State and Secretaries of State of the Kingdom of Cambodia;

  • Referring to Anukret No. 20/ANK/BK of April 30, 1996 on the Organization and Functioning of Ministries and State Secretariats;

  • Pursuant to the approval of the Council of Ministers at its plenary session on May 21, 1999.


IT IS HEREBY DECIDED

 

Article 1:     Any in-post civil servant, court official, national policeman, or royal armed forces member who has been appointed as a member of the Government shall be severed from his/her cadre in his/her respective ministry or institution. 

Article 2:     The interested official shall apply for such leave from his/her previous ministry or institution after the official appointment for the new position. 

Article 3:     The salary (last grade) of any in‑post civil servant, court official, national policeman, or the royal armed forces member who has been appointed for a position as stated in Article I shall be transferred to his/her payroll in a new ministry or institution and he/she shall receive a monthly salary as determined by the Government. 

Article 4:     During the course of employment outside his/her cadre, the civil servant, court official, national policeman, the royal armed forces member who has been appointed for a position as stated in Article 1 shall be subject to seniority for promotion and pension. 

Article 5:     The interested official as stated in Article 1 shall apply for service in his/her previous cadre at the end of his/her appointment term or after his/her resignation. The interested ministry or institution shall accept such applicant by granting the title and rank as granted previously by the previous ministry or institution as provided in Article 4 above. 

Article 6:     The interested official shall not be required to apply for leave for a position as an advisors or assistant which he/she has been appointed to in addition to the existing position in the civil service. 

Article 7:     The civil servant, court official, national policeman, or royal armed forces member who serves in his/her current position as stated in Article 1 above shall apply for leave from his/her cadre to comply with the procedures and provisions of this Anukret. 

Article 8:     The official who serves in the position stated above shall prepare and submit the same retirement form to his/her previous ministry or institution when he/she attains the age of retirement as those of officials who are serving in the civil service. An interested official who persistently serves a political function shall receive pension under the state policy and additional wages from the ministry or institution in which the interested official is serving. In this case, the ministry or institution shall pay the same additional wages as it would to a contracting official, the amount of which is equal to the last salary of such official. 

Article 9:     The retired official who has been appointed for the position as stated in Article 1 shall receive the same supplementary salary and benefits as a contracting official, the amount of which is equal to the last salary of such official. 

Article 10:   An official who has not previously been in the State cadre and has been appointed position as stated in Article 1 shall receive the same supplementary salary and benefits as a contracting official. The amount shall be fixed by the State Secretariat for Civil Service. 

Article 11:   The official who serves in a cabinet of a head of institution shall include advisor, assistant, director of cabinet, cabinet officer, and other officials provided by Anukret No. 20 ANK/BK of April 30, 1996 on the Organization and Functioning of Ministries and State Secretariat shall apply for leave if he/she has previously served in the civil service. At the end of such position the interested official shall apply for service in the previous cadre by indicating his/her title, rank, and salary grade as stated in Article 5. 

The period of service in such cabinet shall be treated as seniority for the purpose of title or rank promotion and pension seniority. 

Article 12:  If the officials who serves a cabinet of head of ministry or institution has not previously served any position of public function, the interested ministry or institution shall pay their salary as if he/she is a contracting officials. 

Article 13:   Any provision contrary to this Anukret shall be null and void. 

Article 14:   The Minister in charge of the Office of the Council of Ministers, the Minister of Economy and Finance, the Secretary of State for Civil Service, all ministers and secretaries of state and interested persons shall effectively implement this Anukret from the date of its signature. 

Phnom Penh, June 10, 1999

Prime Minister

 

Hun Sen