COUNTRY REPORT ON CONSUMER PROTECTION CAMBODIA
Kingdom of Cambodia has several laws and regulations to protect consumer’s rights and interests; even there is no specific law with comprehensive elements under the full scope of consumer protection. However, the Constitution of the Kingdom of Cambodia has clearly specified in Article 64 “the State shall ban and severely punish those who import, manufacture or sell illicit drugs, counterfeit and expired good which affect the health and life of the consumer”.
Future Action Plans:
The Ministry of Commerce of Cambodia and Consumer International, Region Office for Asia Pacific (CIROAP), as singed in the MOU, has conducted so far several training courses either in Cambodia or abroad for government officials, industry and consumer representatives. Thus, more and more courses shall be expected to continue in order to obtain more qualified and well informed people on aspects of consumer protection and antimonopoly issues
With the assistance from CI, as specified in the MOU, specific drafting of law on Consumer Protection and Anti-Monopoly Issues have been almost finalized. Therefore, Cambodia will have the specific law which cover the scope of Consumer Protection and Antimonopoly Issues and enable either the enforcement official to be more implementing effective activities and consumers’ rights and interests to be obviously protected.
As the Chairman of Inter-ministerial Coordination Committee, the Senior Minister and Minister of Commerce shall manage to solve any tugs-of-war between the related agencies with regards to the issues of Consumer Protection in Cambodia.
More than 80% of consumption products have been imported from the neighboring countries into Cambodia, therefore a system to alert each other when consumption goods are banned or restricted or recalled within ASEAN member countries is the crucial need.
http://www.aseanconsumer.org/misc/downloads/countryreport-cambodia-2008.pdf
Law on the Management of Quality and Safety of Products and Services
CHAPTER 2
CONSUMERS’ RIGHTS AND ECONOMIC OPERATORS’ OBLIGATIONS
Article 3: Manufacturers and service providers shall be required to indicate on their products, goods, and services in Khmer language the ingredients, composition, users’ guidelines, manufacturing date, and expiration date along with other requirements which guarantee the safety and health of consumers prior to their commercialization.
Manufacturers and services providers shall be liable for strictly complying with the provisions in the above mentioned paragraph.
Article 4: Manufacturers and services providers shall comply with the general requirements of providing accurate information of their composition or configuration of the products, goods, or services so as to prevent confusion by consumers or damage competition.
Manufacturers and traders shall comply with the provisions in the above mentioned paragraph for all commercialized products and services.
Article 5: Merchants, traders and services providers responsible for products, goods, or services first placed in the stream of commerce in the Kingdom of Cambodia shall be required to ensure that their products or services are in compliance with the provisions of this law.
Upon request from the competent inspecting agents as stipulated under Article 27 of this law, local manufacturers, importers, and service providers responsible for the first commercialization of these products and services shall be required to provide proof of inspections or records of prior examinations.
Article 6: When the products, goods, or services could harm the health or safety of consumers, their manufacturing and commercialization shall be subject to a prior submission of a declaration to the competent institutions and have a prior authorization by the competent institutions following an inspection and an indication of usage guidelines in Khmer language.
Article 7: It shall be strictly prohibited to produce or place into the stream of commerce products, goods, or services above mentioned in Article 6 of this law when no prior disclosure has been made or no prior authorization has been issued by the competent institutions.
Article 8: The following acts shall be strictly prohibited:
evasion or attempt to evade inspections as stipulated under Article 6.
commercialization of products, goods, or services which have not been inspected.
Article 9: Importation of products or goods not found in compliance with this law can be authorized provided they are only transited for re-exportation.
Article 10: Importation of products and goods which are of humanitarian status or non-commercialized purposes can be made provided there is a special prior authorization from the Ministry of Commerce subsequent to the approval of the Royal Government.
This special authorization can only be made provided that the products and goods concerned are in conformity with international trade fair practices or internationally recognized norms.
Article 11: Manufacturing of products not in compliance with this law shall be allowed provided they are destined for export to other countries where their sales are legal and pursuant to a specific international contractual arrangement.
Article 12: Presentation of proper compliance certificate, for exportation and importation, shall be required for certain products which:
may be harmful to the health or safety of consumers;
may affect fair commercial practices;
may preserve and enhance the quality of locally manufactured products;
are required by international trade or international conventions.
The inspection of the compliance certificate shall be the responsibility of the Ministry of Commerce and other concerned ministries.
Article 13: The Ministry of Commerce shall be responsible for entering into international technical cooperation agreements governing inspections of exported and imported goods, except for gas and petroleum.
http://www.cambodiainvestment.gov.kh/law-on-the-management-of-quality-and-safety-of-products-and-services_000626.html