Database

Browse Database

CAMBODIA

Since September 2005
Since June 1996

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Sub Decree No. 111 ANK/BK on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia (លេខ111។ អនុក្រឹត្យ ស្តីពីការអនុវត្តច្បាប់ស្តីពីវិសោធនកម្មច្បាប់ស្តីពីការវិនិយោគនៃព្រះរាជាណាចក្រកម្ពុជា។)

Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Sub-Decree No. 111 ANK/BK stipulates that Cambodia permits full foreign ownership in the telecommunication sector. However, Art. 3 of Law on Public Enterprise states that the Cambodian government must directly or indirectly hold more than 51% of the capital or the right to vote in state-owned enterprises. Given that Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned, some restrictions apply in this sector.
Coverage Telecommunications sector

CAMBODIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cambodia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CAMBODIA

Since 2005

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned.
Coverage Telecommunications sector

CAMBODIA

Since May 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law on Public Procurement (ច្បាប់ស្ដីពី លទ្ធកម្មសាធារណ)
In accordance with Art. 12 of the Law on Public Procurement, international competitive bidding is employed for procurement activities of substantial value and high technical complexity. Conversely, domestic competitive bidding is utilised when adequate domestic products or production or construction capabilities are available. This 2023 legislation supersedes the previous Law of the same name enacted in January 2012, which contained a similar provision in its Art 11. According to Art. 11 of the Law of 2023, the conditions, thresholds, and procedure for implementing each procurement method shall be determined by a Prakas of the Minister of the Ministry of Economy and Finance. However, the implementing regulation could not be found online. In addition, pursuant to Chapter 6 (Qualifications of bidders) of the Law on Public Procurement, the Ministry of Economic and Finance (MEF) requires all companies, contractors, and consultants that want to join any bidding for public procurement shall register with MEF and go through a screening process.
Coverage Horizontal

CAMBODIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Cambodia does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CAMBODIA

Reported in 2017, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that government procurement is often not transparent and that the Cambodian Government frequently provides short response times to public announcements of tenders, which are posted on the Ministry of Economic and Finance (MEF)'s website. Moreover, different prequalification procedures exist at the provincial level, making some bids particularly complex for prospective contractors. It is also reported that irregularities in the government procurement process are common despite a strict legal requirement for audits and inspections and that, despite allegations of malfeasance at a number of ministries, the Cambodian Government has taken little action to investigate irregularities.
Coverage Horizontal

CAMBODIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Cambodia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CAMBODIA

Since September 2005
Since June 1996

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Sub Decree No. 111 ANK/BK on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia (លេខ111។ អនុក្រឹត្យ ស្តីពីការអនុវត្តច្បាប់ស្តីពីវិសោធនកម្មច្បាប់ស្តីពីការវិនិយោគនៃព្រះរាជាណាចក្រកម្ពុជា។)

Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Sub-Decree No. 111 ANK/BK stipulates that Cambodia permits full foreign ownership in the telecommunication sector. However, Art. 3 of Law on Public Enterprise states that the Cambodian government must directly or indirectly hold more than 51% of the capital or the right to vote in state-owned enterprises. Given that Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned, some restrictions apply in this sector.
Coverage Telecommunications sector

CAMBODIA

Since November 2019
Since August 2020

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
E-Commerce Law (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធ អេឡិចត្រូនិក)

Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Services Providers via Electronic Platform and Its Exception (អ្នកលក ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬ អាជ្ញាបណ្ណដល់អន្តរការីនិងបុគ្គលផ្តល់សេវ ពាណិជ្ជកម្ម តាមប្រព័ន្ធអេឡិចត្រូនិក និងការលើកលែង)
According to Art. 26.1 of the E-Commerce Law, e-commerce service providers and intermediaries must obtain e-commerce permits or licenses from the Ministry of Commerce (MOC) in addition to the general business registration. According to Art 26.2, the licensing regime has two categories: (1) an e-commerce permit (for individual persons and sole proprietorships) and (2) an e-commerce license (for legal persons and branches of foreign companies). In August 2020, Cambodia issued Sub-Decree No. 134, an implementing regulation of the E-Commerce Law, clarifying that a license is required for legal persons and branches of foreign companies carrying out the following activities: e-commerce web services, e-commerce platform services, online market services, online auction website services, and other similar services provided through software or smart devices for the promotion of e-commerce (Art. 5.1). In addition, pursuant to Art. 5.2 of the Sub-Decree, an E-Commerce permit is required for natural persons and sole proprietors that operate a business via electronic system in Cambodia (including those who conduct business via social media and electronic systems to supply or sell/purchase goods and services).
According to Arts. 6 and 7 of Sub-Decree No. 134, for issuance of an e-commerce license or permit, business and tax registration is required. Art. 29 of the e-Commerce Law also requires the provision of the name, registered address, and contact number/email address of the business entity in Cambodia. Moreover, Art. 7 of the Sub-Decree also states that, in cases where the intermediary is a legal entity or foreign branch, it must enter into a contract with the service providers regarding the requirement to provide minimum information.
The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). An e-commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who provides the services of sending, receiving, transmitting or storing services of the electronic communication, either on a temporary or permanent basis, or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
Coverage E-commerce sector

CAMBODIA

Since January 2003, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law on the Patents, Utility Model Certificates and Industrial Designs (ច្បាប់បើកប៉ាតង់វិញ្ញាបនប័ត្រនៃគំរូមានប្រយោជន៍និងគំនូរឧស្សាហកម្ម)
Art. 116 of the Law on the Patents, Utility Model Certificates and Industrial Designs states that where an applicant’s ordinary residence or principal place of business is outside the Kingdom of Cambodia, the applicant shall be represented by an agent residing and practising in the Kingdom of Cambodia and fulfilling the prescribed requirements. In addition, it is reported that Cambodia’s patent authority lacks sufficient funding and expertise to examine patent applications.
Coverage Horizontal

CAMBODIA

Since January 2003, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law on the Patents, Utility Model Certificates and Industrial Designs (ច្បាប់បើកប៉ាតង់វិញ្ញាបនប័ត្រនៃគំរូមានប្រយោជន៍និងគំនូរឧស្សាហកម្ម)
Art. 43 of the Law on the Patents, Utility Model Certificates and Industrial Designs establishes that the patent owner can institute court proceedings against any infringer, or anyone who performs acts which make infringement likely to occur. Upon request of the patent owner, or by a licensee in certain circumstances, a court may grant an injunction to prevent infringement or imminent infringement, award damages, or any other remedy provided for by law (Art. 126). However, Art. 47 states that the Cambodian Government has the right to exploit a patented invention itself, or allow third parties to do so, for the purpose of promoting ‘public interests’ including national defence, nutrition, health and development.
Coverage Horizontal

CAMBODIA

Since December 2016

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Cambodia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CAMBODIA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law on Copyright and Related Rights (ច្បាប់បើករក្សាសិទ្ធិនិងសិទ្ធិពាក់ព័ន្ធ)
Cambodia has a copyright regime under the Law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section 4 lists the exceptions, which include: free and private representations made exclusively to a close circle of people such as family or friends; the purposes of education, which is not for financial gain; translation of works from the Khmer language into the languages of the ethnic minorities or vice versa; among others (Arts. 23-29).
Coverage Horizontal

CAMBODIA

Reported in 2015, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Inadequate enforcement of copyright online
It has been reported that film and music piracy is still rampant in the country, although a campaign by the Ministry of Culture and Fine Arts has tried to crack down on this issue. It is also reported that infringement of IPRs is prevalent in Cambodia and it includes pirated software, music, and books. Though Cambodia is not a major centre for the production or export of counterfeit or pirated materials, local businesses report that the problem is growing because of the lack of enforcement.
Coverage Horizontal

CAMBODIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Cambodia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

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