Royal government of Cambodia
No:
35ANK/BK
Anukret
on
the organization and functioning of the Ministry of Industry, Mines and
Energy
-
Referring to the
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/RKM/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;
¨ Referring to Reach Kram No. NS/KRM/0196/05 of January 24, 1996 on the establishment of the Ministry of Industry, Mines and Energy;
·
Referring to Reach Kret
No. NS/RKT/1298/90 of December 9, 1998 on the Nomination of the Executive
Board of the Cambodian National Petroleum Authority;
·
Referring to Reach Kret
No. NS/RKT/0396/10 of March 9, 1996 on the Establishment of
“Electricité du Cambodge” as a Private Limited Company;
¨ Referring to Anukret 20/ANK/BK of April 13, 1996 on the Organization and Functioning of Ministries and State Secretariats;
·
Pursuant to the approval
of the Council of Ministers of April 9, 1999.
It
is hereby decided
Chapter
1
General
Provisions
Article
1:
The organization and functioning of the Ministry of Industry, Mines and Energy, its Department General and other departments shall be defined under this Anu-kret.
Chapter
2
Mission
and Structure
Article
2:
The
Ministry of Industry, Mines and Energy shall be mandated by the Royal
Government of Cambodia to direct and manage the industry, mines and energy
sectors of the Kingdom of Cambodia, except
for the petroleum and gas
sector.
Article
3:
The
Ministry of Industry, Mines and Energy shall be responsible for:
-
preparing and implementing industry policies of the Royal
Government;,
-
managing and promoting technology and standards related to the competence
of the Ministry of Industry, Mines and Energy;
-
instituting and implementing national policies on mineral resources
exploration, mining development, processing, purification, and
exploitation;
-
managing, conducting research, and disseminating geological data except
when related to petroleum and gas;
-
developing and implementing national energy policy by preparing policies,
and laws and cooperating with national and international institutions for
the development of energy sector;
-
conducting research on distribution networks, transmission grids,
power stations, and assessing the hydroelectric potentials in order to
develop power projects;
-
preparing and implementing a clean water distribution system in
municipalities and urban areas;
-
administering and promoting metrological works;
-
collaborating in the implementation of any works related to the Mekong
basin pursuant to the responsibilities of the Ministry’s obligations;
Article
4:
The
Ministry of Industry, Mines and Energy shall
have the
following organizational structure:
A.
Central level:
1.
General Inspectorate.
2.
The General Directorate of Industry consisting of 5 departments:
-
Industrial Work Department;
-
Small Industry and Handicraft Department;
-
Industrial Sciences Department;
-
Metrology Department;
-
Clean Water Department.
3-
The General Directorate of Mineral Resources consisting of 3 departments:
-
Mineral Resources Department;
-
Geological Department;
-
Mineral Resources Development Department.
4-
The General Directorate of Energy consisting of 3 departments:
-
Energy Sciences Department;
-
Energy Development Department;
-
Hydro power Department;
5.
Administrative Department,
6.
Personnel Department;
7.
Finance and Accounting Department;
8.
Legal Department;
9.
Cabinet of the Minister.
B.
Local Institutions
-
Provincial and Municipal Offices of Industry, Mines and
Energy.
C.
State owned enterprises subject to the jurisdiction of the Law on the
General Statutes of Public Enterprises.
-
Electricité du Cambodge.
D.
State owned enterprises and entities subjected to the jurisdiction of
Anu-kret No. 41/ANK/BK.
-
Equipment Transport Company;
-
Machinery Factory No. 1;
- Industry Printing House.
Chapter
3
General Inspectorate
Article
5:
The
General Inspectorate of the Ministry of Industry, Mines and Energy shall
be responsible for:
-
conducting regular inspections of institutions subjected to the
jurisdiction of the Ministry of Industry, Mines and Energy;
-
reporting to the Minister on the functioning of these institutions
and providing suggestion for their improvement;
-
performing duties as directed by the Minister.
The
General Inspectorate shall be administered by an inspector general assisted
by deputy inspector generals as necessary.
Chapter
4
General
Department of Industry
Article
6:
The
General Department of Industry shall be responsible for:
-
preparing policy, strategy, objectives, and general planning of the
Ministry;
-
instituting, managing, promoting, and developing a handicraft and
industry’ s works;
-
preparing, managing, and promoting works relating to standards;
-
preparing, managing, and developing clean water production;
-
preparing, managing, and promoting metrology works;
The
General Department of Industry shall be administered by a director general
assisted by deputy director generals as necessary.
Article
7:
The Industrial Works Department shall be responsible for:
- preparing short, medium, and long term plans and master plan according to the policy of the Royal Government and implementing the industrial development program;
- providing incentives, setting goals, and supporting heavy and medium industries and implementing other industrial sector policies;
- preparing laws and regulations and legal instruments including tax and finance matters related to industry;
- collaborating with ASEAN countries, and national and international institutions to promote industrial development;
- evaluating and advising on private investment projects, within the ministry or in collaboration with concerned institutions;
- proposing or collaborating public investment projects and monitor their implementations;
- authorizing the operation of large and medium factories;
- assessing the specifications and quantity of raw materials used by factories in accordance with technical standards and monitor its use;
- compiling industrial production lists;
- issuing various certifications of production to all factories and enterprises;
- collecting data and assessing the development of 9 sub-categories of large and, medium industries, namely:
1- Food, beverage and tobacco sector;
2- Textile, garments and leather sector;
3- Timber and non-timber forest sector;
4- Paper production sector;
5- Chemical, plastic and rubber sector;
6- Mineral sector, except metals;
7- Metal based industry sector;
8- Metal processing industry sector;
9- Other industrial sector;
- reviewing and handling irregular activities of large and, medium industries in accordance with existing laws and regulations;
- cooperating with the Ministry in charge of labor to implement the labor law.;
Article
8:
The Small Handicraft and Industrial
Department shall be responsible for:
- preparing short, medium, and long term plans and master plans according to policies of the Royal Government and implementing the small industry and handicraft development program;
- promoting, providing incentives, directing, and supporting small industry and handicraft and implementing sector related policies;
- preparing laws and regulations and legal instruments including tax and finance matters related to small industry and handicraft;
- collaborating with other countries, and national and international institutions to promote small industry and handicraft development;
- evaluating and advising on private investment projects, within the ministry or in collaboration with concerned institutions;
- proposing or collaborating on public investment projects and monitor their implementations;
- authorizing the operation of small industry and handicraft shop;
- assessing the specifications and quantity of raw materials used by small industry and handicraft shops in accordance with technical standards and monitor their use;
- compiling small industrial and handicraft production lists;
- issuing various certifications of production to all factories and enterprises issues various certification of productions to all factories and enterprises;
- collecting data and assessing the development of 10 sub-categories of small industry and handicraft, namely:
1. Food, beverage and tobacco sector;
2. Textile, garments and leather sector;
3. Timber and non-timber forest sector;
4. Paper production sector;
5. Chemical, plastic and rubber sector;
6. Mineral sector, except metals;
7. Metal based industry sector;
8. Metal processing industry sector;
9. Other industrial sector;
10. Traditional handicraft.
Article
9:
The Industrial Technical Department shall
be responsible for:
- implementing state technical and scientific development policy and overseeing the transfer of know how in factories and, enterprises;
- monitoring the activities of industries, and craft enterprises to prevent disturbances of people living in the area and environmental pollution in collaboration with the Ministry of Environment;
- managing and controlling the quality of industrial, and handicraft products within factories and workshop;
- administering the issuance of Certificates of Production;
- administering industrial laboratories;
- administering the intellectual properties protections including production and services marks, patents, designs and industrial designs;
- cooperating, controlling, and preparing general technical guidelines for various industrial and, crafts construction projects to ensure industrial safety;
- controlling the standardization of industry and the service sector;
- controlling machinery works and, their technical safety and monitoring their importation and usage to serve industrial sector;
- providing management training in industrial and technical sciences.
Article
10:
The Metrology Department shall be responsible for:
- preparing, controlling, and implementing national metrology policies and preparing various legal instruments related to metrology such as repairs, production, and importation/exportation of metrology equipment;
- monitoring the implementation of sample scales to ensure safety and accuracy;
- facilitating and collaborating with competent institutions to suppress violations on the use of metrology equipment;
- promoting national and international metrology technology;
- preparing and, control metrology laboratories and other metrology equipment repair shops;
- cooperating with national and international institutions to promote metrology sector;
Article
11:
The Sanitary Water Department shall be responsible for:
-
instituting,
controlling, and
supervising the clean water production and utilization in municipalities
and urban areas throughout the country;
-
exploring technical means to exploit the national clean water distribution
networks;
-
gathering information and making inventories of clean water production
stations;
-
preparing policies, laws and regulations related to the control and usage
of clean water;
-
developing policies, and regulations to set the usage rate of clean water
in accordance with actual geographical areas;
-
setting up clean water laboratories, to control water quality in
accordance with national standards;
-
issuing authorizations to conduct clean water business;
-
facilitating and liaising with concerned institutions to provide clean
water;
-
engaging international cooperation to develop clean water in collaboration
with concerned institutions.
Chapter
5
General
Department of Mineral Resources
Article
12:
The General Department of Mineral Resources shall be responsible for:
- preparing and managing geological and mineral resources development;
- promoting geological and mineral resources works;
- providing incentives for research and exploration activities and assessing the potentials for developing the marble, sand, and construction stone resources;
- undertaking and promoting geological research.
The General Department of Mineral Resources shall be administered by a director general and assisted by deputy director generals as necessary.
Article 13:
The Mineral Resources Department shall have the duties to:
-
finding ways and measures to effectively manage, in terms of economy,
labor safety, and environmental protection, activities in research,
exploration, assessment, mining, processing, purification, and
marketing mineral resources, like marble, sand, and other
construction stones;
- enforcing laws, sub-decrees, rules, and regulations related to the exploration, assessment, and exploitation of mineral resources, like marble and any other construction stones throughout the country;
- conducting research, exploring, and assessing to determine the quantity and, quality of mineral resources and construction stones, so that an inventory list can be prepared;
- studying and advising on investment projects to explore and exploit mineral resources like, marble, sand, and construction stones;
- administering, instructing, and monitoring the implementation of laws, sub-decrees, rules and regulations, and mineral resources agreements.
Article
14:
The Geological Department shall be responsible for:
- enforcing laws, sub-decrees, and rules and regulations related to geological research;
- studying on geology, and physical and chemical geology;
- assessing values of minerals and developing maps;
- collecting, maintaining, managing, utilizing, exchanging, and selling geological data, except petroleum and gas;
- conducting syntheses of geological data of various areas of Cambodia to determine the mineral resources potentials with regard to commercial, tourist, and land management use;
- promoting geological research and compiling geological and mineral resources maps;
- mobilizing geological know how to exploit the mineral resources, protect the environment, and prevent natural disasters.
Article
15:
The Mineral Development Department shall have the duties to:
-
preparing policies for mineral resources and geology development
throughout the country;
- preparing laws, sub-decrees, rules and regulations, and investment agreements related to geological research, exploration, assessment, and exploitation of mineral resources, like marble, sand, and construction stones throughout the country;
- proposing projects, and implementing in cooperation with other ministries and international communities to collect and analyze mineral resources data, like marble and construction stones;
- cooperating with concerned departments to train human resources in areas of expertise needed to serve in the geological and mineral resources sector.
Chapter
6
General
Department of Energy
Article
16:
The General Department of Energy shall be responsible for:
- preparing policies, strategies, and rules and regulations on the utilization and management of the energy sector;
- conducting research, preparing, and implementing a development plans on in the energy sectors by ensuring the protection of the social interest;
- exchanging technological and scientific knowledge and strengthening and promoting national and international cooperation in energy, electronic and nuclear sector;
- administering and instructing electricity companies operating nationwide to implement the laws, sub-decrees, decisions, and circulars on the utilization and supply of all types of energy;
- organizing and administering energy standards and setting electrification rules for provincial towns and rural areas;
- promoting the energy saving through efficient maintenance and environmental protection;
- participating in activities related with the Mekong basin in accordance with the responsibilities of the Ministry;
- organizing technical training courses on economic management of energy;
The General Department of Energy shall be administered by a director general assisted by deputy director generals as necessary. The General Department of Energy consists of 3 departments.
Article
17:
The Technical Energy Department shall be responsible for:
- analyzing and evaluating data on the , supply and demand of energy throughout the country;
- conducting research on energy supply and distribution systems to provinces and municipalities;
- managing and regulating energy sector standards;
- publishing information on existing energy sources in the country;
- promoting the energy saving through efficient and economical usage;
- ensuring maximum environmental preservation and protection;
- managing the registration and authorization of electricity service providers;
Article
18:
The Energy Development Department shall be responsible for:
- studying and preparing policies and strategies for the development of energy sector in collaboration with concerned ministries and international institutions;
- promoting development and utilisation of technology related to electrical, electronic, and nuclear energy;
- preparing short, medium, and long term plans for electricity and other energy power;
- preparing laws and regulations related to the electrical fields and other energy power;
- assessing the potentials of all energy resources in order to develop an energy development plan in Cambodia;
- administering the electrification of provinces and rural areas;
- recommending, and preparing reports and plans for human resources training in the energy sector;
Article
19:
The Hydropower Department shall have the duties to:
- preparing and implementing national policies related to hydropower;
- collecting, analyzing, maintaining, and utilizing data for studying the development of hydropower;
- selecting locations and priority projects;
- organizing and implementing hydropower development plans throughout the country;
- studying, organizing, implementing, and administering hydropower construction projects.
Chapter
7
Administrative, Personnel,
Finance and Legal Matters
Article
20:
The Administrative Department shall be responsible for:
- coordinating all central level departments and local institutions under the Ministry
- administering and disseminating administration documents of the Ministry;
- ensuring the effectiveness and safety of the administration;
- preparing reports on different activities of the Ministry;
- administering state garages and vehicles allocated to the Ministry as well as related expenses such as fuel, and spare part distribution;
- receiving and allocating equipment to provincial and municipality entities.
Article
21:
The
Personnel Department shall be responsible for:
-
administering civil servants, and agents of the Ministry in
collaboration with the Secretary of State for Civil Services;
-
preparing administrative letters for personnel management;
- preparing professional staff programs and human resources development of the Ministry;
- preparing statistics and production of decision making tools for personnel management;
-
determining personnel salary, fees, and social security allowances;
-
evaluating demands for personnel training;
-
conceptionalizing and implementing training policies in collaboration with
the State Secretariat for Civil Service;
Article
22:
The Finance and Accounting Department shall be responsible for:
- preparing Ministry expenditure plans and monitoring their operation;
- compiling and reconciling budget items;
- monitoring the management of special accounts;
- collecting and reconciling all expenditures of the Ministry;
- administering and implementing bidding specifications for public procurement tenders;
- collecting revenues in conformity with the Financial law;
- gathering requests for expenditures, preparing expenditure plans, and managing equipment repairs of the Ministry;
- administering movable and immovable properties, assets, and inventories;
- maintaining routine invoices and bookkeeping;
- computerizing financial and accounting activities;
- controlling on the technical operations of public procurement.
Article
23:
The Legal Department shall have the duties to:
- preparing draft laws relating to industry, mines and energy sector;
- maintaining a register and regulate the activities of industry, mines and energy as stipulated in the Factories Management Law, the Anu-kret on Industrial Zone Authority, the Law on weight, measures, and metrology, the Law on Management of Mineral Resources, and the Electricity Law.
- researching, extracting, compiling, and administering all legal instruments and conventions related to industry, mines and energy sector;
- instructing and monitoring the implementation of laws and conventions related to industry, mines and energy;
- providing assistance on the implementation of laws related to industry, mines and energy for senior officials of the Ministry’ and other entities under the jurisdiction of the Ministry;
- settling any labor disputes involving courts.
Chapter
8
Cabinet
of the Minister
Article
24:
The
Cabinet of the Minister shall be responsible for all missions defined by
the provisions of Anu-kret No. 20/ANK/BK of April 30, 1996 on the
Organization and Functioning of Ministries and State Secretariats.
Chapter
9
Local
Institutions
Article
25:
There are municipal and provincial Industry, mines and energy offices, within each municipality and province, and units at the district and commune levels which shall be charged with the implementation and facilitation of the Ministry's activities.
Chapter
10
Financial control Unit
Article
26:
The
Financial Control Unit shall be established by the Minister of Economy and
Finance pursuant to the conditions provided in Anukret 081/ANK/BK of
November 16, 1995 on the financial control of budgeted expenditures within
ministries.
Chapter 11
Final
provisions
Article
27:
The organization and functioning of the Ministry at the central administration levels lower than the department level shall be declared by a Prakas of the Ministry of Industry, Mines and Energy.
Article
28:
For
duties related to the competence of other institutions, the chiefs of
those institutions and the Minister of Industry, Mines and Energy shall
collaborate to allocate responsibilities and implement them through a
joint Prakas of both institutions concerned.
Article
29:
Any
provisions
contrary to this Anu-kret shall be null and void.
Article
30:
The
Ministers
in charge of
the Office of the Council of Ministers, the Minister of Industry, Mines
and Energy, ministers, and state secretaries of relevant ministries and
institutions shall be responsible for implementing this Anu-kret
Article
31:
This
Anu-kret shall
enter into force from the date of its signature.
Phnom Penh, April 26, 1999
Signed by the Second Prime Minister
Hun Sen
Has informed to Samdech Prime Minister
H.E.
Suy Sem
Minister
Ministry
of Industry, Mines and Energy