COMMON STATUTE AND PARTICULAR STATUTES

COMMON STATUTE AND PARTICULAR STATUTES Kram NS-RKM-1094-006 dated October 26, 1994 on the Common Statute of Civil Servants Kram NS/KRM/0999-11 dated September, 1999 on the amendment of art. 51 of the Common Statute of Civil Servants Royal Decree CS/RKT/1297/273 dated December 1, 1997 on the General Principles of Organization of the State Civil Service Sub-decree 009-ANK dated February 12, 1998 on Establishing a Model of a Particular Statute of a Body General Administration Royal Decree NS/RKT/0300/116 dated March 03, 2000 on the Particular Statute of Category of Administrative Official Royal Decree NS/RKT/0400/056 dated April 04, 2000 on the Particular Statute of Category of Kramkar Official Royal Decree NS/RKT/0700/103 dated May 31, 2000 on the Particular Statute of Category of Administrative Secretary Royal Decree NS/RKT/0700/135 dated July 25, 2000 on the Particular Statute of Category of Administrative Agents Territorial Administration - Ministry of Interior Royal Decree NS/RKT/0500/096 dated February 22, 2000 on the Particular Statute of Ministry of Interior's Category of High Ranking Administrative Official Royal Decree NS/RKT/0400/075 dated April 22, 2000 on the Particular Statute of Category of Kramkar Official Royal Decree NS/RKT/0500/096 dated May 19, 2000 on the Particular Statute of Ministry of Interior's Category of Administrative Secretary Royal Decree NS/RKT/0500/097 dated May 19, 2000 on the Particular Statute of Prison Security Personnel of the Ministry of Interior Royal Decree NS/RKT/0700/125 dated July 16, 2000 on the Particular Statute of Ministry of Interior's Category of Administrative Agent Foreign Affairs Royal Decree NS/RKT/0401/085 dated April 26, 2001 on the Particular Statute of Category of High Ranking Diplomat Royal Decree NS/ RKT/ 0102/ 001 dated January 13, 2002 on Particular Statute for Diplomatic Kramkar Officials Health Royal Decree NS/RKT/0602/163 dated July 21, 2002 on the Particular Statute of Category of High Ranking Health Official Royal Decree NS/RKT/0602/164 dated June 21, 2002 on the Particular Statute of Category of Middle Ranking Health Official

Royal Decree NS/RKT/0602/165 dated June 21, 2002 on the Particular Statute of Category of Primary Ranking Health Official Education Royal Decree NS/RKT/0701/240 dated July 23, 2001 on the Particular Statute of Category of Higher Education Teacher Royal Decree NS/RKT/0701/241 dated July 23, 2001 on the Particular Statute of Category of Basic Level Teacher Royal Decree NS/RKT/0901/341 dated September 29, 2001 on the Particular Statute of Category of Primary Level Teacher Technical Royal Decree NS/RKT/0602/151 dated June 09, 2002 on the Particular Statute of Category of High Ranking Technical Official Royal Decree NS/RKT/0602/152 dated June 09, 2002 on the Particular Statute of Category of Middle Ranking Technical Official Royal Decree NS/RKT/0602/153 dated June 09, 2002 on the Particular Statute of Category of Primary ranking Technical Official Royal Decree NS/RKT/0602/154 dated June 09, 2002 on the Particular Statute of Category of Technical Agent

-, ~ ~,."" -::.-;':'.."'-lo~' ~'-0J, ~)-.;.~,...~",.~ =.:7:~rrlL'-,} ~Sl~ $t.~1-:~p.~ ~l:\"f~...,,:~. c...:t,~ NSIKRMI0999-II KRAM We, Preah Bat Samdech Preah Norodom Sihanouk, King o/the Kingdom o/cambodia t Seen the 1993 Constitution o/the Kingdom o/cambodia Seen the Kram NSIRKlvU039910I dated March 8, 1999 promulgating the Constitutional law regarding the amendment 0/ articles II, 12, 13, 18, 22, 24, 26, 28, 30, 34, ji, 90, 91, 93 and articles 0/ chapter 8 through chapter /4 o/the Constitution o/the Kingdom o/cambodia Seen the Kret NSlRMKlII98172 dated November 30, 1998 regarding the appointment o/the Royal Government o/cambodia Seen the Kram 021NSl94 dated Jztly 20, 1994 promulgating the law on the organization andfunctioning 0/ the council of Ministers Seen the Kram 061NSl94 dated October 26, 1994 promulgating the Law on the Civil Servants 0/the Kingdom 0/ Cambodia Seen the Kram NSlKRMIOI96104 dated January 24, 1996 promulgating the law on the establishment 0/ the Ministry ofjustice Further to the proposal 0/Samdech Prime Minister and the Minister 0/Justice. HEREBY PROMULGATE.-,, The Law on the Amendement 0/ article. j I 0/ the Law on Public Servants which was adopted by the National Assembly on the sevenie~n '0/ August 1999 at the extraordinary session 0/ its 2nd legislature and adopted by the Senate on its form rind legal concepts on the 20th 0/ August 1999 at the extra-ordinary session 0/its first legislature and having the/ollowing contents: The Law on Ihe Amendement o/tutiele 51 a/the Law on Public Servants One as article: Articlejl o/the law on Civil servants shail be amended as/oilow: New Article 51: In the case there is any public servant who commits a crimina ) offence and the Royal Prosecutor decides to make an accusion, the Royal Prosecutor sball notify such alleged accusation to the Head of the Institution concerned at most within a period of 72 hours. If there is any arrest or apprehension or provisional detention of any public servant, the Royal Prosecutor or a Competent Magistrate shall immediately report to the Head of the Institution Concerned. In case such offence took place during the office working hours, for the general interest, the Government shall defend that officer appropriately to the provision of the law. Submited andproposed/or Phnom Penh, September 18, 1999 the King's signature Norodom Sihanouk The Acting Prime Minister Sar Kheng Presented to the Prime Minister by Minister 0/Justice Ouk Vithzm 5

Translation certified by the Council of Jurists KRAM DATED OCTOBER 26, 1994 ON THE COMMON STATUTE OF CIVIL SERVANTS NS-RKM-1094-006 We, Preahbath Samdech Preah Norodom Sihanouk Varman Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat Nikarodom Thammik Mohareacheathireach Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey, having seen the 1993 Constitution of the Kingdom of Cambodia, having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia, the Council of Ministers having heard, promulgate, the law adopted by the National Assembly on October 21, 1994 on the Common Statute of Civil Servants of the Kingdom of Cambodia, the text of which is reproduced hereafter. Article 1: CHAPTER I GENERAL PROVISIONS Civil servants of the administrations of the Kingdom of Cambodia, excluding judges of the juridical order and civil servants of the legislative order, shall be subject to the following common provisions. Article 2: This law shall apply to civil servants of the Kingdom of Cambodia, belonging to step corps established by kret and having a job with rights to a retirement pension. Article 3: The bodies shall be governed by particular statutes issued by kret. Article 4: The bodies, grades, classifications, and wage scales of corps of the Kingdom, as well as particular statutes of the different bodies shall be determined by kret. 1 P age

Article 5: The nomination, promotion, change of assignment, secondment or placement outside of the organizational framework of bodies shall be decided by kret, anukret or prakas. Dismissal, automatic placement into retirement and removal of civil servants shall be carried out by kret, anukret or prakas, according to the particular statutes that apply. Article 6: Each civil servant shall have the right to personnel correspondence and confidential access to all records and other documents existing in his/her file, before becoming subject to a disciplinary measure or an automatic transfer. The same right shall be granted to a civil servant in the case of a delay of his/her seniority step advancement. Article 7: If necessary, and subject to the consent of those interested, any civil servant may be placed outside his/her original body or detached outside his/her original corps in order to exercise functions in other services of the administration. Each civil servant has the right to request an assignment to join his/her civil servant spouse. Article 8: Civil servants with a given grade or classification cannot be called to serve under the direction of a civil servant with a lower grade or classification, except with such civil servant's expressed consent. Article 9: The guidelines governing leave and annual training, allowances for missions, hospitalization, and retirement, etc., shall be determined by law. Article 10: The wages of the civil servants and the allowances for duties, office supplies, water and lighting, allowances for liability and locality premiums, and allocations for family cost, accommodation, furnishing, etc., shall be determined by law. Article 11: 2 P age CHAPTER II RECRUITMENT OF CIVIL SERVANTS No one may enter a body without proof of the following qualifications: 1. must be a Cambodian citizen; 2. must be at least 18 years old but not more than 25 years old, however, exceptions shall be made for:

candidates with a diploma of higher education, in which case the age limit shall be extended to 30 years, candidates having studied a year or more of higher education without having obtained a final diploma, in which case the age limit of 25 years shall be pushed back to a length of time equal to their studies without exceeding the age limit of 30 years, candidates having effectively accomplished their military service, in which case the age limit shall be pushed back to a length of time equal to their service in the army, the ability of the Royal Government to lift, in case of necessity, by anukret, all restrictions regarding a candidate's age in order to satisfy the needs found to be priorities and in the national interest; 3. must not be deprived of his/her civil rights, civic and political; 4. must not have been condemned for a crime or attempted offence of good moral conduct, honor or integrity; 5. must satisfy the conditions of physical aptitude for the exercise of the function as required by guidelines and applicable regulations; 6. candidates belonging to ethnic minorities, coming from remote regions, as well as women, may benefit from facilities or prioritized measures of recruitment; 7. must satisfy the aptitude conditions required by the particular statute governing his/her body. Article 12: Nationality and age shall be certified by civil status records, or by judgements in their absence. The absence of a criminal sentence shall be established by the production of a police certification prepared within the last three months, and forwarded by the Ministry of Justice. Article 13: In principle, the recruitment of civil servants shall be undertaken through competitive examination, except for contrary arrangements enacted by the Royal Government. Article 14: The date of the competitive entry examinations for a body shall be established and published three months before the preparation of the examinations. In case of emergency, this period may be reduced to 30 days. Article 15: All competitive entry examinations in the civil service shall be undertaken in the presence of a representative of the Secretary of State of the Civil Service. CHAPTER III PROBATIONARY PERIOD, PERMANENT EMPLOYMENT, REMOVAL FROM BODIES 3 P age

Article 16: Permanent employment with the civil service shall be allowed only at the end of a probationary period. Such obligatory probationary period may be waived by incumbent civil servants being promoted within the same group of bodies, through competitive examination or test, to a higher body than their current body. Article 17: Deductions for retirement pensions are made on the wages of trainees. These deductions shall be refunded to the trainee if he/she does not become integrated into the civil service at the end of his/her probationary period. Article 18: The duration of the probationary period is twelve months. Such period officially commences on the date of the appointment of the trainee. The probationary period is not taken into consideration if the trainee accumulates more than 30 days of absence. In this case, the trainee shall undertake a second year of probation. Permanent employment may be effected only after twelve months of effective service undertaken as a trainee by the person concerned. Permanent civil servants having passed a competitive entry examination in another body may be excused from six months of the probationary period. Such civil servants preserve the seniority acquired in the previous body. Permanent employment shall be determined by the authority having the power of appointment, on the proposal of the departmental head of the trainee. The determination shall be made upon the advice of a commission composed of the following: the Minister concerned or his/her designee (president), the departmental head concerned or his/her designee (member), the human resources manager or his/her designee (member), a civil servant of the body that the civil servant is entering (member). Any trainee that does not demonstrate a sufficient professional aptitude, or whose manner of service has been judged improper, or that is recognized to be physically unable to exercise the functions pursuant to the conditions imposed by applicable guidelines, may be, at any time, dismissed during the probationary period. This also shall be the case for any civil servant convicted of having committed one of the disciplinary transgressions found in Article 33, et seq., of this common statute. Dismissal or permanent employment shall necessarily be decided within three months following the expiration of the twelve-month probationary period. Permanent employment shall take effect, with regard to salary and promotion by seniority, on the date of expiry of the probationary period. However, seniority, as it relates to the calculation of retirement benefits, shall commence as of the beginning of the probationary period. Article 19: Any civil servant found to be unable to continue exercising his/her functions due to being physically unfit and not satisfying the conditions required to claim a retirement pension may be dismissed at any given time during his/her career. 4 P age

The civil servants recognized to be unfit and having a record of service greater than or equal to 20 years shall be allowed to make a claim for a proportional pension. If their record of service is less than 20 years, the civil servants known to be unfit may benefit from the full refund of their pension deductions and a subsidy from the State. Such physical unfitness shall be certified by a commission whose composition shall be as follows: the Minister concerned or his/her designee (president), the departmental head or his/her designee (member), the human resources manager or his/her designee (member), a certified physician designated by the Ministry of the Health (member), two civil servants from the same body having at least the same grade as the civil servant concerned (members). CHAPTER IV PROMOTION Article 20: A promotion in grade and class of civil servants shall be effected solely through selection or seniority. Normally, the minimum period of time required to obtain a promotion shall be two years. Any promotion shall be subject to prior inclusion in a promotions list. In the case where the civil servant is recognized for the exceptional qualities of his/her work, the promotion shall be automatic without taking seniority into account. In all bodies of civil servants, promotions shall be under the control of the nominating authority, and subject to there being job vacancies in each grade and within the limit of credits allocated by the budget. Article 21: Civil servants may, in the same grade, be promoted only to the next highest class, or if they change their grade, to the lowest step of the next highest grade. In case of a change from one civil service body to another higher ranked body through a competitive entry examination, the salary level shall be the same or immediately above the civil servant's last salary level. Promotions of grade or class shall come into effect, concerning the settlement of wages and the accounting for seniority, from the date of the promotion decision. Article 22: Each year in January, any civil servant entitled to apply for a promotion in step or grade shall fill out a professional evaluation form that shall be annotated by his/her department head. Professional evaluations of departmental heads of provinces or cities shall be submitted to the respective provincial or city Governors, that shall assess their behavior, discipline and cooperative attitude. Notices of promotion shall be addressed confidentially to the Minister or the Secretary of State concerned. 5 P age

Article 23: After having annotated the evaluations forms by body and order of seniority, the departmental head, the Secretary of State or the Minister concerned shall prepare a list of civil servants to be proposed for promotion. This list shall include civil servants that meet the following conditions: having at least two years of service within the grade and class on the first day of the Cambodian year from which the promotion list shall be drawn; having been proposed for promotion by the hierarchical authority to which they are attached. Article 24: Professional evaluation forms and service records of each of the civil servants placed on the lists shall be made available to the ranking committees. Article 25: The list of promotions shall be prepared by a ranking committee appointed upon the request of the department head, the Secretary of State, or the Minister. This committee, appointed by kret, anukret or prakas, shall be composed of the following: the Minister concerned or his/her designee (president), the department head concerned or his/her designee (member), the human resources manager or his/her designee (member), two civil servants of the same body as that of the civil servant subject to promotion, of a higher rank and class of such civil servant, or, failing these requirements, two civil servants of another body. The two civil servants shall be selected through an election (members). Article 26: Promotion lists shall be prepared during the fourth quarter of the Cambodian year. They shall be valid only for the next year and shall include only those placed on the list through selection. The ranking committee shall deliberate in plenary session to determine the average grade to attribute to each candidate, ranging from 0 to 20. Candidates shall be classified according to the grade they have obtained. Those placed on the list of candidates for promotion shall be considered taking into account the number of available positions. Within each civil service body, the annual number of candidates for grade and step promotions shall be determined by kret, anukret or prakas, in accordance with the number of vacant positions and budget estimates. Article 27: In the case where it is impossible to promote all of the candidates placed on the list prepared for the year, the persons concerned shall maintain the benefit of their placement and shall be placed at the top of the list for the next year unless the ranking committees decide otherwise based upon a report of the department head concerned. 6 P age

Article 28: To be entitled to be placed on the list of candidates for promotion, candidates must meet, on the 13 th of April of the year in which the list is established, the conditions for promotion provided in the particular statute of their body. In exceptional cases, the ranking committee may place on the promotion list the civil servants that would not have otherwise been proposed for a promotion. Article 29: Civil servants assigned to positions classified as remote, unhealthy or dangerous shall benefit from an increase of half of the seniority period required for placement on the list of candidates for promotion. Article 30: Promotions through seniority shall be alternated with promotions through selection, according to the provisions provided by the particular statutes of each body. Promotions through seniority shall be undertaken by rigorously following the order of seniority of civil servants appearing on the list of public agents proposed for promotion. Article 31: The right to a promotion, through selection or through seniority, shall be suspended for any civil servant facing judicial or disciplinary proceedings. Article 32: An honorary grade may be granted by the nominating authority to a civil servant who has retired, resigned, or has been dismissed for health reasons. The honorary grade may be granted posthumously. Article 33: CHAPTER V DISCIPLINE Each civil servant shall respect the law, regulations and instructions of his/her superiors. Each civil servant shall be responsible to his/her superior, for his/her acts likely to undermine the dignity and honor of his/her position. He/she shall carry out orders that he/she is given, and shall accept any assignment in the territory of the Kingdom or abroad. Article 34: Civil servants may not, except for legitimate reasons, cease their service or leave without having preliminarily obtaining the authorization of a qualified authority. Any cessation of service or unauthorized absence shall automatically entail either the placement on leave without pay status, or the suspension of salary; it may in addition give rise to the application of the disciplinary sanctions provided in Article 40. 7 P age

Article 35: It shall be strictly forbidden for civil servants: to undertake work for personal purposes during the hours of service, to use the prerogatives and authority of their position for personal profits or to threaten or violate the rights of citizens, to undertake an activity that undermines the honor and integrity of their position, to be a member of a board of directors or to manage directly or indirectly a private company or enterprise, to publish, without the prior authority of the Minister under whom they are employed, or to make public facts related to their position, to exercise at the same time a profession forbidden by the particular statute of their body. Any violation of the provisions of this Article may result in the application of disciplinary sanctions provided in Article 40 of this law, without prejudice to possible penal proceedings. Article 36: Any civil servant may join or participate in the management of an association authorized by law. Article 37: Any civil servant shall be neutral when exercising his/her functions and shall forbid himself/herself to use his/her position and the State facilities to undertake the following political activities: to work for or against a political candidate, to work for or against a political party. Any behavior contrary to this Article shall constitute a transgression or a professional breach. Article 38: Each civil servant shall consistently demonstrate a professional aptitude in the exercise of his/her duties. He/she shall be responsible for his/her transgressions and professional breaches as well as for the infringements he/she commits in the exercise of his/her duties. Article 39: Transgressions and professional breaches may result in disciplinary sanctions. Professional unqualification or inadequacy shall be sanctioned by automatic retirement if the civil servant meets the conditions established in the regulations of the Kingdom concerning the civil pension fund, or by dismissal if not so met. Article 40: Disciplinary sanctions shall be the following: First-degree sanctions: reprimand, censure recorded in the file, 8 P age

automatic position change through a disciplinary measure, removal from the promotion list. Second-degree sanctions: severe censure with removal from the promotion list, in case of placement on the promotion list, or postponement of promotion through selection or seniority for a prescribed period of time not to exceed two years, automatic placement on leave without pay for a duration not to exceed one year, downgrade to one or several lower grades or classes, automatic retirement or dismissal, removal. Article 41: The reprimand shall be conveyed by letter addressed to the civil servant by the head of the department, the Secretary of State, or the Minister concerned. The censure recorded in the file, the automatic position change by disciplinary measure and the removal from the promotion list shall be imposed, upon report of the department head and the person concerned having been heard, by kret, anukret or prakas following the case. Article 42: Second-degree disciplinary sanctions shall be imposed by kret, anukret or prakas, only after advice of a disciplinary council. Article 43: A downgraded civil servant shall assume his/her new class or his/her grade as of the date of the official decision regarding the downgrade. Article 44: A revocation shall have the effect of removing the functions, powers, and titles that have been conferred on the civil servant. When the removal is accompanied by a denial of the rights to a retirement pension or to the refund of a contribution to the pension fund, such denial shall be expressed in a formal decision. Article 45: Disciplinary proceedings shall be ordered by the authority having the power of nomination, upon a detailed report by the department head, the Secretary of State or the Minister. Article 46: The anukret or prakas ordering disciplinary proceedings shall entail the suspension of the functions of the charged civil servant. Such measure shall not entail the reduction of his/her salary. The disciplinary council shall be summoned within a period of one month. A decision to suspend shall be valid for only a period of three months. Except, however, this period may be extended three times by periods of one month. 9 P age

Article 47: All proceedings involving a disciplinary sanction of the second degree shall be preceded by a preliminary inquiry. Such an inquiry shall be entrusted to one or more representatives of the Minister concerned. Such representatives shall be in a higher grade or class or have more seniority than the civil servant charged. The file regarding the preliminary inquiry shall be transmitted to the Minister concerned who shall decide the appropriateness of bringing the charged civil servant before the disciplinary council or to declare the end of the disciplinary proceedings. In the event that the Minister concerned decides to continue the disciplinary proceedings, files shall be transmitted to the disciplinary council. The Minister shall summon the charged civil servant to receive his/her verbal or written justification. The disciplinary council shall propose, if necessary, sanctions to the Minister concerned. Article 48: The disciplinary council shall be composed of 5 members: o o three civil servants designated by the Minister under whom the charged civil servant serves, assuming notably the functions of president and reporter, two civil servants belonging to the same body as that of the charged civil servant, having a higher grade, or the same grade but having more class seniority. It shall be forbidden to appoint as a member of the disciplinary council the complainant or one of his/her relatives up to the third grade. Article 49: The member reporter shall inform the charged civil servant that he/she has the following rights: o o o o the right to review his/her personal file, the right to call witnesses, the right to choose a defender, the right to give written or verbal explanations. Article 50: After receipt of the report, the disciplinary council may request that the reporter draft supplementary information. The President may either postpone to a later date the meeting of the council or take under his/her responsibility any other measure useful to demonstrate the truth, provided that he/she does not contradict the authority of a judicial decision that has been previously entered. The procedures implementing the provisions above shall be prescribed by anukret. CHAPTER VI JUDICIAL PROSECUTIONS 10 P age

Article 51: The civil servant against whom a complaint is filed for a crime or misdemeanor may be prosecuted by criminal jurisdictions only after the preliminary authorization of the Council of Ministers, upon the proposal of the Minister of Justice if the civil servant's grade is the same or higher than a third-class Oudom-Montrey, or if the civil servant performs functions of the Royal Government delegate of the capital and municipalities or of the Governor of cities and provinces. The preliminary authorization to prosecute shall be granted by the Minister concerned for civil servants of a grade corresponding to a salary below that of a third-class Oudom-Montrey. In the event of in flagrante delicto, the court may order the immediate imprisonment of a civil servant without waiting for prosecutorial authorization, but shall inform without delay the Minister concerned. Article 52: If necessary, the civil servant brought before the court may be relieved of his/her duties during the judicial proceedings. In the event of a suspension of duties with placement on leave without pay status, the civil servant acquitted by the court shall be reintegrated into the civil service with retroactive effect. Article 53: Any criminal or penal condemnation without a suspended sentence shall result in the removal of the civil servant, commencing from the day when the judgement became final. In the event of an appeal, the civil servant shall be automatically placed on leave without pay. Article 54: CHAPTER VII RETIREMENTS Civil servants of both sexes shall retire by the age of 55. This age limit may be extended from 55 to 60 years by the particular statute governing a body. A civil servant shall be entitled to a retirement pension if he/she meets the following conditions: o o is 55 years of age, has 30 years of civil service. Nevertheless, a civil servant having 30 years of civil service may request retirement before the age of 55 while benefiting from his/her retirement pension. Article 55: A civil servant having at least 30 years of service shall receive a retirement pension. 11 P age

o o A civil servant having less than 20 years of service shall be entitled to obtain a refund of his/her pension deductions withdrawn from his/her salary as well as other State subsidies, in a lump sum payment. A civil servant having between 20 and 30 years of civil service shall be entitled to benefit from a proportional retirement pension. Article 56: No deduction for a retirement pension shall be made from salaries of a civil servant having more than 30 years of service while continuing his/her duties in the service of the State. A civil servant that serves for less than 30 years and that continues his/her duties shall continue to bear retirement pension deductions. Article 57: Seniority for a civil servant shall be calculated, with respect to the settlement of retirement pension payments, from the date of his/her entry into the service of the State, irrespective of the political regime that was then in place. Article 58: 12 P age CHAPTER VIII RESOLUTION OF LITIGATION RELATED TO CIVIL SERVICE Any civil servant shall be entitled to call upon a court to handle litigation related to civil service. However, he/she shall have previously exhausted all administrative remedies. Article 59: The administrative organ having competency to deal with litigation related to the civil service shall be a permanent committee called the "Conciliation Committee on Litigation Related to the Civil Service," presided over by the Secretary of State for the Civil Service. The composition of the referenced committee shall be determined by anukret. Article 60: CHAPTER IX PARTICULAR PROVISIONS Modifications of the number and the assignments of service civil servants shall be the responsibility of the Royal Government. If necessary, staff down-sizing measures shall first target civil servants having attained the age of retirement, those being physically unfit, and candidates for voluntary departure. Article 61: In principle, positions in the civil service shall be reserved for career civil servants. Nevertheless, in exceptional cases or if necessary, the Royal Government may appoint to a given position a dignitary or a person with a degree that does not belong to any of the bodies of the civil service. In this case, the person concerned shall receive a salary from the civil service but shall not be entitled to a retirement pension.

Article 62: If in the national interest, the Royal Government may appoint at any time within a civil service body of the administration a dignitary or a person with a degree without taking into consideration age limitations. Article 63: CHAPTER X TRANSITORY PROVISIONS During a period starting from the date of enforcement of this law until the year 2000, civil servants over 55 years of age may be authorized by anukret to continue to serve in the administration, at their request, upon the approval of the Secretary of State for the Civil Service and of the Minister concerned. Such continued service may be renewed for one-year periods for a total period not exceeding 5 years. Article 64: Any provision contrary to this law is hereby void. Promulgated in Phnom Penh on October 30, 1994 On behalf of His Majesty the King and by order of the Interim Head of State Chea Sim Presented for the signature of His Majesty the King CHAPTER XI FINAL PROVISION The First Prime Minister, and the Second Prime Minister Norodom Ranaridh Hun Sen Presented for the signature of Samdech Krom First Prime Minister and Second Prime Minister by the Minister in charge of the Office of Presidency of the Council of Ministers Sok An Veng Sereyvuth 13 P age

KRET DATED DECEMBER 1, 1997 ON THE GENERAL PRINCIPLES OF ORGANIZATION OF THE STATE CIVIL SERVICE Translation certified by the Council of Jurists CS-RKT-1297-273 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 1993 Constitution of the Kingdom of Cambodia; having seen Kret dated September 24, 1993 on the appointment of the First Prime Minister and the Second Prime Minister of the Royal Government of Cambodia; having seen the Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia; having seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and functioning of the Council of Ministers; having seen Kret NS-RKT-1094-083 dated October 24, 1994 on the modification of the composition of the Royal Government of Cambodia; having seen Kram NS-RKM-1094-006 dated October 30, 1994 on the Common Statute of Civil Servants of the Kingdom of Cambodia; having seen Kret NS-RKT-1094-090 dated October 31, 1994 on the modification of the composition of the Royal Government of Cambodia; having seen Kret CS-RKT-0897-147 dated August 7, 1997 on the modification of the composition of the Royal Government of Cambodia; upon the proposal of the First Prime Minister, the Second Prime Minister and the Secretary of State of the Civil Service and with the approval of the Council of Ministers during its meeting on November 21, 1997, order: Article 1: CHAPTER 1 GENERAL PROVISIONS Civil servants shall be grouped into civil service bodies subdivided into grades. These bodies shall be ranked in categories. Article 2: CHAPTER II CATEGORIES Bodies shall be ranked in four categories (A, B, C and D) according to the minimum education required to join a body and to the classification of the jobs of such body. Each body shall be mandatorily ranked pursuant to its particular statute into one of the four categories. 1 P age

Article 3: Category A shall include functions regarding direction, inspection, studies and advice as well as all functions of responsibility. The minimum educational level required to enter a body in Category A shall be a secondary education diploma (baccalaureate) plus 4 years of studies certified by a degree. Some particular statutes may, if necessary, impose a minimum educational level at or above a secondary education plus 6 years of studies certified by a degree. In such case, the civil servant shall be granted a step increase. Article 4: Category B shall include functions regarding the preparation of the work to be undertaken by officials and of implementation of their decisions. The minimum educational level required to enter a body in Category B shall be a secondary education diploma (baccalaureate) plus 2 years of studies certified by a degree. Article 5: Category C shall include functions regarding secretarial services as well as administrative functions requiring a particular skill or know-how. The minimum educational level to enter a body in Category C shall be a secondary education diploma (baccalaureate). Article 6: Category D shall include functions regarding simple administrative responsibilities. There shall be no requirement for a secondary education for entry into a body in this Category. Article 7: Minimum levels of education defined in Articles 3, 4 and 5 of this Kret shall be applicable to students recruited from outside the civil service, starting from the day of publication of this Kret. Article 8: Civil servants presently working shall be reclassified into the new civil service bodies. An inter-ministerial committee shall be created by anukret and shall propose to the Government the principles for reclassifying these employees. Article 9: CHAPTER III CIVIL SERVICE BODIES A body shall be a group of employees with similar qualification or training called to undertake, during their careers, the same jobs or the same types of jobs in a given ministry. Article 10: Each body shall be ruled by a particular statute prepared jointly by the Minister concerned and the Secretary of State of the Civil Service. Particular statutes shall be passed by kret, the Executive Committee for Administrative Reform, and the Council of Jurists having been consulted. 2 P age

Article 11: The particular statute shall serve to create a body and to organize the career of its employees according to the provisions of the common Statute of Civil Servants and these provisions. It shall include the following provisions: attachment of the body to a ministry, classification of the body into a category, general mission of the body, positions that may be undertaken by the employees of the body, minimum qualifications required to enter the body and the procedures concerning the external or internal competitive examinations, guidelines concerning the probationary period, structure of the body (division of the body into grades and the definition of the positions that may be undertaken at each grade), rules concerning step and grade promotion. Article 12: An anukret shall determine the customary content of a particular statute as well as the method to follow to establish the bodies. Article 13: CHAPTER IV GRADES A grade is a level within the hierarchy of a body. Each body shall be subdivided into three hierarchical grades. Each grade shall correspond to jobs or a series of jobs in ascending responsibility. Article 14: Any employee recruited from outside the civil service shall mandatorily become a permanent employee at the first grade of a body. Article 15: Employees shall normally spend their careers, during their professional life, within the first grade, and being regularly promoted in steps in accordance with the provisions of the common statute and of the particular statute of their body. Article 16: A promotion to the second and third grades shall be reserved for the most meritorious employees. Such promotion shall be subject to vacancies within the grade and shall be undertaken either through placement on a promotion list, obtaining a certificate of long-term training from the Royal School of Administration (or from a vocational school recognized by the particular statute), or by competitive examination. Promotions to the second grade of a body shall be subject to employees having reached the fourth step of the first grade. Promotions to the third grade of a body shall be subject to employees having reached the fourth step of the second grade. 3 P age

A promotion to a higher grade shall entitle the promoted employee to undertake positions corresponding to such grade as provided by the particular statute. Article 17: Guidelines for the transition of current employees to a new grade within a body and transition provisions shall be prescribed by anukret. Article 18: CHAPTER V STEPS Each grade shall be subdivided into steps that shall bear an index that shall provide the level of remuneration. Article 19: The first grade shall be subdivided into 14 steps. The second and third grades shall be subdivided into 10 and 6 steps, respectively. Article 20: Civil servants shall normally be promoted one step every 2 years, subject to seniority bonuses resulting from merit, or where necessary, the difficulty, level of responsibility, or the remote nature of some positions. Particular statutes shall prescribe the jobs that may be entitled to a seniority bonus. FINAL PROVISIONS Article 2l: CHAPTER VI The First and Second Prime Ministers shall be in charge of the implementation of this Kret. Article 22: This Kret shall be enforced from the date of its signature. Made in Phnom Penh on December 1, 1997 In the name of His Majesty the King and by order of, The Interim Chief of State Chea Sim Presented for the signature of His Majesty the King, 4 P age

The First Prime Minister, Ung Huot The Second Prime Minister Hun Sen Presented for the signature of the First Prime Minister and the Second Prime Minister, Prak Sok 5 P age

1 of 7 8/19/2009 11:04 AM MODEL OF PARTICULAR STATUTE OF A BODY KRET ON THE PARTICULAR STATUTE OF THE BODY OF (TITLE OF THE BODY) The Royal Government of Cambodia, having seen the Constitution of the Kingdom of Cambodia; having seen the Kret dated September 24, 1993 on the nomination of the First Prime Minister and of the Second Prime Minister of the Royal Government of Cambodia; having seen the Kret dated November 1, 1993, on the appointment of the Royal Government of Cambodia; having seen the Kram No. 02 NS 94 dated July 20, 1994, on the organization and functioning of the Council of Ministers; having seen the Kret No. 1094.83 NS dated October 24, 1994, on the modification of the composition of the Royal Government; having seen the Kret No. 1094.90 NS dated October 31, 1994, on the modification of the composition of the Royal Government; having seen the Kret No. 0897 / 147 NS dated August 7, 1994, on the modification of the composition of the Royal Government; having seen the Kret No. (...), on the modification of the composition of the Royal Government; having seen Kram No. 94 NS dated October 30, 1994 on the Common Statute of Civil Servants of the Kingdom of Cambodia; having seen the Kret No. 1297 / 273 dated December 1, 1997 on the General Principles of Organization of the State Civil Service; upon the proposal of the Minister of (...); the Council of Jurists having heard; the Council of Ministers having heard; order: Article 1: CHAPTER 1 GENERAL PROVISIONS The body of (...) shall be classified in the Category (A, B, C or D: see table below) provided in Article 3 of the Kret dated December 1, 1997 on General Principles of Organization of the State Civil Service. It shall be governed by provisions of this Kret. The Kret of December 1, 1997 replaces the prior system of Categories (A2,B1, B2, B3, B4, C1, C2, C3, C4) by a new system based on 4 hierarchical categories (A, B, C and D) corresponding to the general division of work and to the levels of degrees required for entry into the Civil Service. The criteria for classifying a body in a category are, according to Articles 3, 4 and 5 of the Kret of December 1, 1997 the following: CATEGORY LEVEL OF RESPONSABILITY MINIMUM LEVEL OF EDUCATION FOR ENTRY INTO THE BODY

2 of 7 8/19/2009 11:04 AM A Direction or Expertise Secondary Edu. Diploma + 4 B Collaboration Secondary Edu. Diploma + 2 C Execution Secondary Edu. Diploma D Non-Qualified Execution Not Applicable Note: These minimum degree requirements shall apply only to students presently entering the civil service. Public agents already employed shall be reclassified in the new bodies and the new categories according to the position they have without taking into consideration the minimum educational requirements. Rules concerning reclassification shall be prescribed by an anukret of the Office of the Council of Ministers. Article 2: This body shall be attached to the Ministry of (...) Article 3: The civil servants of the body of (...) shall have the primary mission to (describe succinctly the primary mission of the body). Example 1: "Civil servants within the body of administrators shall have the primary mission to prepare and execute the policy sector of the Ministr to provide the supervision, administration and management of the central and field services of the Ministry. They shall be called, in this respe assume positions of policy making, inspection, research and advice concerning administrative services of central and decentralized administratio the State. Example 2: "Public agents within the body of clerks of the court shall have the principal mission of assisting judges and to certifying jurisdictional in accordance with the judicial code and particular texts. They shall either be called to undertake missions involving supervision, manage receptions and public information." Example 3: "Technical public agents of the Ministry of the Agriculture shall be responsible for, under the authority of the civil servants withi technical bodies of Categories A and B of the Ministry, the execution of projects within their specialty, of the supervision of the field personnel a as the follow-up and control of projects related within their specialty within the body." CHAPTER 2 GRADES AND POSITIONS OF THE BODY Article 4: The body of (...) shall be comprised of 3 grades: (list here the 3 grades of the body in increasing order of importance.) Examples: Administrator (3 rd grade), Principal Administrator (2 nd grade), Chief Administrator (1 st grade) Engineer (3 rd grade), Principal Engineer (2 nd grade), Chief Engineer (1 st grade) Physician (3 rd grade), Principal Physician (2 nd grade), Chief Physician (1 st grade) Note 1: The lowest grade (grade 3) is the "recruitment grade". All students recruited externally shall be recruited at this grade within the body. M public agents shall make their careers within this grade, during their professional lives, through step advancement. The 2nd and 1 st grades shall b

3 of 7 8/19/2009 11:04 AM "grades of promotion" whose access is reserved for the best performing public agents. Such grade promotion shall be subject to certain condition Article 12 of this particular statute). Note 2: The ministries are given complete freedom concerning the titles of the grades; the terms "Principal" and "Chief" are given only as examples Article 5: Civil servants in the 3 rd grade shall in particular be called upon to assume positions of: (list here the positions open to public agents in the 3 rd grade). Example: "The civil servants in the grade of an Administrator shall in particular be called upon to assume positions of Deputy Director of Ce Administration, and Director of Provincial Administration. Civil servants in the 2 nd grade shall in particular be called upon to assume positions of: (list here the positions open to public agents in the 2 nd grade). Example: ''The civil servants in the grade of a Principal Administrator shall in particular be called upon to assume positions of Director in Ce Administration, Counselor, Inspector, Deputy General Inspector, and Deputy General Manager." Civil servants in the 1 st grade shall in particular be called upon to assume positions of: (list here the positions open to public agents in the 1 st grade). Example: "The civil servants being at the grade of Principal Administrator shall in particular be called upon to assume positions of General Man and General Inspector. Article 6: CHAPTER 3 RECRUITMENT Recruitment into the body shall be undertaken through external or internal competitive entry examinations. Positions to be filled through competitive entry examinations shall be apportioned (...)% for external competitive entry examinations and (...)% for the internal competitive entry examinations. Note 1: The percentages of public agents recruited through internal or external competitive entry examinations may vary according to the require of the bodies and the recruitment policies of the ministries. Note 2: Ministries may decide, if necessary, not to include a given percentage in a particular statute and to rely upon a subsequent prakas that prescribe these proportions. This reliance shall provide greater flexibility in managing future recruitment. In this second case, Article 6 could be w as follows: "Recruitment in the body shall be undertaken through external or internal competitive entry examinations. The proportion of the pos filled by internal and external competitive entry examinations shall be fixed annually by a prakas of the Minister. Article 7: The external competitive entry examination is open to candidates below the age of 30 in the year the examination is given and having a degree at least equivalent to (see Articles 3, 4 and 5 of the Kret dated December 1, 1997; the particular statute may impose a specific degree).

4 of 7 8/19/2009 11:04 AM Note 2: A particular statute for Category A requiring that all external candidates have a minimum degree equivalent to the secondary education diploma plus 6 years of studies may acquire under the same conditions a salary increase (example: recruitment for the 13 th or 12 th level of the 3 rd grade), pursuant to Article 3 of the Kret dated December 1, 1997.An internal competitive entry examination shall be open to civil servants classified at least at the 11 th step of the 3 rd grade of a body of the Category (write here the corresponding Category, see note below). Note: If the body is classified as Category A, the internal competitive entry examination shall be open to public agents of Category B bodies. If the body is classified as Category B, the internal competitive entry examination shall be open to public agents of Category C bodies. Article 8: CHAPTER 4 PROBATIONARY PERIOD AND CONFIRMATION IN A GRADE Public agents recruited through internal or external competitive entry examinations shall be appointed as trainees in (title of the body) by (kret, anukret or prakas). Public agents recruited through external competitive entry examinations shall receive the salary corresponding to the 14 th step of the 3 rd grade of the body. Public agents recruited through internal competitive entry examinations shall be classified in their new body at the step corresponding to the salary level immediately above the salary level in their former body. They shall be subject to a probationary period whose duration shall be as follows: (i) 12 months for public agents recruited through external competitive entry examinations, (ii) 6 months for civil servants recruited through internal competitive entry examinations. At the end of the probationary period, the public agents referenced in points (i) and (ii) above shall either be confirmed in the 1st grade of the body or, in exceptional cases, authorized to undertake a supplementary probationary period for a maximum period of (...) months. Public agents that fail the supplementary probationary period shall be dismissed if they are students, or reintegrated into their body of origin if they are civil servants. The decisions described above shall be made by (kret, anukret, or prakas). Note 1: The particular statute may, if necessary, impose an initial training requirement during the probationary period. Note 2: Pursuant to Article 16 of the Common Statute of Civil Servants, a civil servant promoted from a lower body, through a competitive entry examination, to a higher body within the same Ministry may be exempted from the training period requirement. Public agents confirmed in a grade shall automatically receive a step increase. Such an increase shall come into effect on the date of execution of the grade confirmation by (kret, anukret, or prakas). Article 9: CHAPTER 5 NOMINATION Once confirmed in a grade, civil servants shall be appointed to a vacant position within the Ministry corresponding to their grade by (kret, anukret or prakas). See Articles 14, 15 and 28 of the law dated July 20, 1994, on the organization of the Council of Ministers.