Disseminated to Staffs. NS/ RKT/ 0102/ 001 Royal Decree on Particular Statute for Diplomatic Kramkar Officials

Transcription

1 Disseminated to Staffs NS/ RKT/ 0102/ 001 Royal Decree on Particular Statute for Diplomatic Kramkar Officials We Preahbath Samdech Preah Norodom Sihanouk Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat Nikarosdom Thammik Mohareachcheathireach Boromaneat Boromabopit Preach Chau Krong Kampuchea Thipdey - Having seen the Constitution of the Kingdom of Cambodia; - Having seen Royal Decree No. NS/ RKT/ 1198/ 72 dated November 30, 1998 on the appointment of the Royal Government of Cambodia; - Having seen Royal Kram No. 02/NS/94 dated 20 July 1994 promulgating the Law on Establishment and Execution of the Council of Ministers; - Having seen Royal Kram No. 06/NS/94, dated 30 October 1994 promulgating the Law on Common Statute of Civil Service of the Kingdom of Cambodia - Having seen Royal Kram No. NS/ RKM/ 0196/ 10 dated January 24, 1996 promulgating the Law on the Establishment of the Ministry of Foreign Affairs and International Cooperation - Having seen Royal Decree N0. CS/RKT/1297/273 dated December 03, 1997 on Common Principles of the Organizations of State Civil Service - Having seen the request of the Prime Minister of the Royal Government of Cambodia and with agreement from the Council of Ministers during the Meeting on December 07, 2001 Article 1: HEREBY PROMULGATE To form a Category of Diplomatic Kramkar Officials which shall be classified as Class B as stipulated in Article 4 of the Royal Decree No. CS/RKT/1297/273 of December 1, 1997 on the General Principles for Organization of Civil Service. Article 2: Officials of Diplomatic Kramkar Category shall be under the auspices of the Ministry of Foreign Affairs and International Cooperation. Article 3: The officials of Diplomatic Kramkar Category has the duty to assist senior diplomat and are qualified to carry out function in leadership position of moderate-level unit in the ministry and Cambodian Royal Embassy in a foreign country. 1

2 CHAPTER 2 Rank and Position Article 4: The category of Kramkar officials consists of 3 ranks as follows: - Chief of foreign affairs Kramkar comprising of 6 grades - Principal foreign affairs Kramkar comprising of 10 grades - Foreign affairs Kramkar comprising of 14 grades Article 5: Article 6 1. At the central administration of the Ministry: Diplomatic Kramkar Deum Kscher officials have the talent to hold the following positions: - Vice office chief - and other positions with equivalent rank to the above-mentioned rank, which exists in the organizational chart for the Ministry of Foreign Affairs and International Cooperation. Diplomatic Neay Kramkar officials have the talent to hold the following positions: - Office chief - and other positions with equivalent rank to the above-mentioned rank, which exists in the organizational chart for the Ministry of Foreign Affairs and International Cooperation. 2. In the Consulate Offices of the Kingdom of Cambodia abroad: Officials within the diplomatic Kramkar category are qualified to hold the following positions: - Embassy attaché and deputy embassy attaché and embassy agents. Officials with the rank of Diplomatic Kramkar Deum Kscher can hold the following positions: - Deputy consul. Officials with the rank of Diplomatic Neay Kramkar can hold the following positions: - Consul, Second Secretary and Third Secretary. Chapter 3 Selection and Initial Training Selection for officials to for diplomatic Kramkar category shall be carried out through competitive examination among candidates who are already civil servants or students. Number of vacancies for candidates who are civil servants and students shall be determined by the Royal Government based on a request of the Ministry of Foreign Affairs and International Cooperation. Article 7 2

3 Competitive contest among students shall be held among those with at least medium decree in Laws or equivalent decree, and their age shall not exceed 25 years of age. This age can be rolled upwards to 30 years of age in line with article 11 of the Law on Common Statute of Civil Servants of the Kingdom of Cambodia. Competitive exam among civil servants shall be held for civil servants of the Ministry of Foreign Affairs and International Cooperation who at least are at grade 11 of Class C, and their age should not exceed 40 years old. For civil servants of the Ministry of Foreign Affairs and International Cooperation who have equivalent decrees or medium decrees of 2 + 2, from graduate institutions, can take part in the recruitment examination without consideration of ranks and category; additionally, they should be at most 40 years of age. Article 8 Selected candidates for the examination, among civil servants and/ or students, will hold a rank of diplomatic Kramkar internship officials and they will receive training at the Royal School of Administration. Article 9 Chapter 4 Internship and Full Appointment After having received initial trainings, diplomatic Kramkar official students shall be appointed to work at the Ministry of Foreign Affairs and International Cooperation and they shall be appointed as diplomatic Kramkar internship officials by Prakas of the Ministry of Foreign Affairs and International Cooperation. These diplomatic Kramkar internship officials shall undergo a period of training as specified below: months for officials recruited among students 2. 6 months for officials recruited among civil servants who are not working within Class C. For officials recruited among civil servants within Class C who work for the Ministry of Foreign Affairs and International Cooperation, further training is not required. After internship, officials within the first and second bullet points mentioned above, who well perform, shall be fully appointed within the rank of Diplomatic Kramkar. In case of necessity, it will be required that internship be continued for a maximum period of 12 more months for officials within the first bullet point and a maximum period of 6 months for officials within the second bullet point. Officials who fail during additional internship shall have their name terminated- if coming from student background or will be send back to their former category if coming from civil servant background with consideration on employment seniority. This shall be decided by Prakas of the Ministry of Foreign Affairs and 3

4 International Cooperation, and this Prakas shall be made the latest 3 months after the end of the internship. Diplomatic Kramkar officials recruited from competitive examination among students shall be integrated into Grade 14 of the diplomatic Kramkar rank. Diplomatic Kramkar officials recruited from competitive examination among civil servants shall be integrated into a higher salary index which above the former index of the respective officials. Full appointment into diplomatic Kramkar rank of the Diplomatic Kramkar Category shall be made through a Sub Decree. Article 10 Chapter 5 Appointment After having been fully appointed within the Diplomatic Kramkar Category, these diplomatic Kramkar officials can be appointed to hold vacant positions as stipulated in Article 5 above, in accordance with their rank and in line with set procedures as stated in Article 28 of the Royal Kram No. 02/ NS/ 94 dated July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers. Article 11 Chapter 6 Promotion of Grade and Rank Officials within the Diplomatic Kramkar Category shall be promoted according to terms and conditions set in Article 20 and subsequent articles of the Law on Common Statute for Civil Servants of the Kingdom of Cambodia. Basic qualifications for promotion of grade or ranks are the following: 1. Well respect working discipline 2. Possess strong land proficient language skill 3. Be highly responsible 4. Well achieve delegated work and duties 5. Have good morality. Promotion of civil servants within this category shall be considered in terms of three forth (3/4) proportion in a selection turn and one forth for seniority turn; additionally, decision on this regard shall be made by a Prakas of the Ministry of Foreign Affairs and International Cooperation. Article 12 Promotion principles shall be that promotion shall be made to a higher immediate grade or in case of necessity, promotion shall be made to a higher level of salary index, immediately above the former index of the respective officials. 4

5 Promotion of rank shall be carried out in accordance with available vacant positions for such rank, and this shall be made through registering into a name list for rank promotion or through competitive examination or long-term training or overseas training. Promotion of rank and grade shall be made by the Prakas of the Ministry of Foreign Affairs and International Cooperation. Article 13 Promotion to Diplomatic Kramkar Deum Kscher position can be made for officials who reach grade 11 within their rank as a diplomatic Kramkar official. Promotion to Diplomatic Neay Kramkar position can be made for officials who reach grade 7 within their rank as a diplomatic Kramkar Deum Kscher official. Promotion to a higher position can encourage further talent of respective civil servants so that they can hold higher position according to their rank as stated in Article 5 of this specific statute. Article 14 Index for each class of each rank within certain category of diplomatic Kramkar officials and the value of each index as well as other allowances and incentives shall be stipulated by a Royal Decree. Article 15 Chapter 7 Specific Provisions Mandatory terms of diplomatic Kramkar officials shall be for 3 years. In necessary case, this mandate can be postponed each time for one year, but this should not exceed a total period of three year. Article 16 Diplomatic Kramkar officials shall work and retire at the age of 58 years old. Retirement shall be decided by a Prakas of the Ministry of Foreign Affairs and International Cooperation. Article 17 Diplomatic Kramkar officials who hold bachelor degree or equivalent decrees shall be automatically promoted to a higher immediate grade. Article 18 Decoration and uniform of diplomatic Kramkar officials shall be stipulated in a specific Royal Decree. Chapter 8 5

6 Transitional Provision Article 19 The initial number of diplomatic Kramkar officials shall be made from integration of civil servants currently holding their clear position and functions within the Ministry of Foreign Affairs and International Cooperation and other overseas representative institutions of the Kingdom of Cambodia. Article 20 Chapter 9 Final Provisions All provisions that are contrary to this Royal Decree shall be invalid. Article 21 Prime Minister of the Royal Government of the Kingdom of Cambodia is responsible to enforce this Royal Decree on the date a royal signature is granted. PRL Phnom Penh, January 13, 2002 In the name of His Majesty the King and With respect to his wisdom For the Head of the State Signature Chea Sim Having submitted to the King and requesting for signature Prime Minister Head of the Supreme Council for State Reform Signature Hun Sen N. 12 CL For copying and distribution Phnom Penh, January 10, 2002 General Secretary of the Royal Government Signature and Stamped Nady Tan 6

7 KINGDOM OF CAMBODIA Nation Religion King NS/RKT/0401/085 Royal Decree on the Particular Statute of Category of High Ranking Diplomat We, Preahbath Samdech Preah Norodom Sihanouk Reach Harivong Uphato Suchea Visothipong Akamohaborasrat Nikarodom Thammik Mohareacheathirea Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey, - Having seen the Constitution of the Kingdom of Cambodia; - Having seen Royal Decree No. NS/RKT/1198/72 of November 30, 1998 on the Appointment of the Royal Government of Cambodia; - Having seen Royal Kram No. 02/NS/94, dated July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers; - Having seen Royal Kram No. 06/NS/94, dated October 30, 1994, promulgating the Law on Co-Statute of the Civil Servants of the Kingdom of Cambodia ; - Having seen Royal Kram No. NS/RKM/0196/10, date January 24, 1996, promulgating the Law on Creation of Ministry of Foreign Affairs and International Cooperation; - Having seen Royal Decree No. CS/RKT/1297/273 of December 1, 1997 on the General Principles for Organization of the Civil Service; - Pursuant to the Prime Minister's report, which was approved by the Council of Ministers at its plenary session dated March 20, Article 1: HEREBY ORDERS CHAPTER 1 General Provisions To form a Category of High Ranking Diplomat of Ministry of Foreign Affairs and International Cooperation which shall be classified as Class A as stipulated in Article 3 of the Royal Decree No. CS/RKT/1297/273 dated December 1, 1997 on the General Principles for Organization of Civil Service. Article 2: Civil servants of the high ranking diplomat category are under the supervision of Ministry of Foreign Affairs and International Cooperation.

8 Article 3: Civil servants of the high ranking diplomat category are tasked to prepare and implement the Royal Government's policy under the jurisdiction of Ministry of Foreign Affairs and International Cooperation as well as to play leading and managing role in different units of the ministry and in different representing embassies of the Kingdom of Cambodia oversea. Civil servants of this category are qualified to hold positions as executives, inspectors, consultants and other positions. Article 4: CHAPTER 2 Rank and Position The category of high ranking diplomat consists of 3 ranks as follows: - High diplomat rank: 6 grades - Senior diplomat rank: 10 grades - Junior diplomat rank: 14 grades Article 5: Civil servants in high diplomat rank are qualified to hold local positions at the ministry as follows: - Secretary General - Director General - Inspector General - And other equivalent positions in the organigram of Ministry of Foreign Affairs and International Cooperation Civil servants in senior diplomat rank are qualified to hold local positions at the ministry as follows: - Deputy Director General - Deputy Inspector General - Director of Department - And other equivalent positions in the organigram of Ministry of Foreign Affairs and International Cooperation Civil servants in junior diplomat rank are qualified to hold local positions at the ministry as follows: - Deputy Director of Department - And other equivalent positions in the organigram of Ministry of Foreign Affairs and International Cooperation Article 6: Civil servants in the high ranking diplomat category are qualified to hold the following positions at the Kingdom of Cambodia's embassies oversea: - General Ambassador and Ambassador for high diplomat rank - General Advisor, Advisor and General Consul for senior diplomat rank - First Secretary, Consul, Second Secretary, Third Secretary and Deputy Consul for junior diplomat rank

9 Article 7: CHAPTER 3 Recruitment The number of positions to be recruited from civil servant candidates and student candidates shall be determined by the Royal Government following the proposal of the Ministry of Foreign Affairs and International Cooperation. Article 8: Competitive examinations among student candidates shall be open for candidates who hold at least Bachelor Degree or an equivalent degree and are not over 30 years old as of the examination date. Competitive examinations among the ministry's civil servants shall be open for civil servants who are at least in grade 11 of Class B and are not over 45 years old. Civil servants of Ministry of Foreign Affairs and International Cooperation, who hold an equivalent degree as Bachelor Degree, are able to take the examination to enter this category, regardless of rank and class and shall be not over 45 years old. The initial training shall be done by Royal School of Administration. Article 9: CHAPTER 4 Internship and Permanent Appointment After the initial training, high ranking diplomats shall be assigned to work at the Ministry of Foreign Affairs and International Cooperation and appointed as high ranking diplomat interns by Prakas of Ministry of Foreign Affairs and International Cooperation. These interns shall go through the following internship: month internship for officials selected from among students month internship for officials selected from among civil servants who are not in diplomat category. Officials selected from among civil servants in diplomat category do not need to go through the internship. After the internship, officials in (1) and (2) above, who have good internship result, shall be permanently appointed in junior diplomat rank. In case of necessity, interns are allowed to continue their internship maximum up to 12 months for officials in (1) and 6 months for officials in (2). Officials, who fail to succeed in the additional internship, shall be removed if they are students or transferred to their original category if they are civil servants and time they have spent shall be taken into account for their seniority. All above cases shall be determined by Prakas of Ministry of Foreign Affairs and International Cooperation and shall be done within 3 months after the end of the internship.

10 High ranking diplomats selected through competitive examination among students shall be included in grade 14 of junior diplomat rank. High ranking diplomats selected through competitive examination among civil servants shall be including in the grade of the next higher salary index of their previous index. Permanent appointment in the junior diplomat rank shall be made by Royal Decree. Article 10: CHAPTER 5 Appointment After being permanently appointed in the category, high ranking diplomats shall be appointed to hold vacant positions as stated in Article 5 and Article 6 above in accordance with procedures stated in Article 14 and subsequent articles of Royal Kram No. 02/NS/94 dated July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers. Article 11: CHAPTER 5 Promotion of Grades and Ranks Promotion of grade of high ranking diplomat shall be pursuant to the conditions set forth in Article 20 and subsequent Articles of the Law on Co-Statute of Civil Servants. The basic qualifications that shall be observed in the promotion of grade are as follows: 1. Be initiative and creative 2. Be proficient in foreign languages 3. Be responsible 4. Be efficient and effective in leadership 5. Prioritize the national interest and the ministry's reputation 6. Possess good morale The promotion of grade of civil servants in this category shall be based on a proportion of three fourth (¾) of the selection cycle and one fourth (¼) seniority. Promotion of grade: - Promotion of grade in the high diplomat rank shall be determined by Royal Decree - Promotion of grade in the senior diplomat rank shall be determined by Subdecree - Promotion of grade in the junior diplomat rank shall be determined by Prakas of Ministry of Foreign Affairs and International Cooperation Article 12: In principle, one rank shall be promoted to the first grade of the next higher rank or, in case of necessity, to a grade parallel to the next higher salary index of his/her previous index.

11 Promotion of rank shall be in accordance with the number of vacant positions in the rank and shall be done by the enrollment in rank promotion table, by competitive examinations or by long-term local or oversea training. Promotion from junior diplomat to senior diplomat rank shall be determined by Subdecree, whereas promotion from senior diplomat to high diplomat rank shall be determined by Royal Decree. Article 13: Civil servants who reach grade 11 of the junior diplomat rank can be promoted to the senior diplomat rank. Civil servants who reach grade 7 of the senior diplomat rank can be promoted to the high diplomat rank. Promotion to the next high rank allow the officials to be qualified for holding positions in the new rank as outlined in Article 5 and Article 6 of this particular statute. Article 14: Salary index of each rank in the high ranking diplomat category, unit value of salary index as well as other benefits shall be determined by a separate Royal Decree. CHAPTER 7 Particular Provisions Article 15: The mandate of senior diplomat serving the work in a foreign country shall be 3 years. In necessary case, the mandate may be extended annually; yet, not to exceed 3 years period. Article 16: Senior diplomat shall retire at the age of 60 years. - Retirement of high diplomat rank shall be determined by Royal Decree. - Retirement of senior diplomat rank shall be determined by Sub-decree. - Retirement of junior diplomat rank shall be determined by Prakas of the Ministry of Foreign Affairs and International Cooperation. Article 17: Senior diplomats who hold a degree higher than Bachelor Degree shall be automatically promoted to the next grade. Article 18: Coat-of-rank and uniforms for senior diplomat shall be determined by a separate Royal Decree.

12 CHAPTER 8 Transitional Provisions Chapter 19: The initial number of senior diplomat category shall be constituted from an integration of officials who are currently performing real positions and functions of a category of the Ministry of Foreign Affairs and International Cooperation and Cambodian Royal Embassy of a foreign country. Article 20: CHAPTER 9 Final Provisions All provisions contrary to this Royal Decree are nullified. Article 21: The Prime Minister of the Royal Government of Cambodia shall implement this Royal Decree from the date of signature herein. Article 23: This Royal Decree comes to force from the date of signature herein. Phnom Penh, April 26, 2001 Noromdom Sihanouk Having submitted to the King for his signature. Prime Minister: Hun Sen