CAMBODIA
Since October 2005
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Cambodia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=64639&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
- https://docs.google.com/spreadsheets/d/1FhV8xaRGA7X0ZK9SHZnsOOt1M5Mrt_AN/edit?gid=1163921690#gid=1163921690
- Show more...
CAMBODIA
Since October 2021
Since April 2016
Since April 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Investment of the Kingdom of Cambodia (ច្បាប់ស្តីពីវិនិយោគនៃព្រះរាជាណាចក្រកម្ពុជា)
Sub-Decree No. 60 on the Organization and Functioning of the Council for Development of Cambodia (អនុក្រឹត្យលេខ ៦០ ស្តីពីការរៀបចំ និងការប្រព្រឹត្តទៅនៃក្រុមប្រឹក្សាអភិវឌ្ឍន៍កម្ពុជា)
Sub-Decree No. 60 on the Organization and Functioning of the Council for Development of Cambodia (អនុក្រឹត្យលេខ ៦០ ស្តីពីការរៀបចំ និងការប្រព្រឹត្តទៅនៃក្រុមប្រឹក្សាអភិវឌ្ឍន៍កម្ពុជា)
Under Arts. 10–12 of Cambodia’s Law on Investment, any person seeking to implement a Qualified Investment Project (QIP), Expanded Qualified Investment Project (EQIP), or Guaranteed Investment Project (GIP) must submit a written Investment Project Application to the Council for the Development of Cambodia (CDC). The CDC assesses the application through its One-Stop Service mechanism, which operates through seconded representatives of relevant ministries and institutions acting under delegated decision-making authority. Where the proposed investment is not included in the Negative List (to be specified by Sub-Decree), the CDC must issue a Registration Certificate within 20 working days.
In addition, Art. 11 of Sub-Decree No. 60 (2016) requires the CDC to refer specified categories of projects to the Council of Ministers for approval, including projects with investment capital of USD 50 million or more, projects involving politically sensitive issues, projects relating to the exploration or exploitation of mineral and natural resources, projects that may have negative environmental impacts, projects characterised as long-term strategic, and projects involving infrastructure concessions.
In addition, Art. 11 of Sub-Decree No. 60 (2016) requires the CDC to refer specified categories of projects to the Council of Ministers for approval, including projects with investment capital of USD 50 million or more, projects involving politically sensitive issues, projects relating to the exploration or exploitation of mineral and natural resources, projects that may have negative environmental impacts, projects characterised as long-term strategic, and projects involving infrastructure concessions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251116193134/https://cdc.gov.kh/wp-content/uploads/2022/04/LOI_English-Updated-13Dec21.pdf
- https://web.archive.org/web/20240816011600/http://cdc.gov.kh/wp-content/uploads/2022/05/SubDecree-N-60_2016-04-05.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S469R1.pdf&Open=True
- Show more...
CAMBODIA
Since November 2019, entry into force in May 2020
Since August 2020
Since August 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
E-Commerce Law (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក)
Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Service Providers via Electronic Platform and Its Exception (អ្នកលក់ ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬអាជ្ញាបណ្ណដល់អន្តរការី និងបុគ្គលផ្តល់សេវាពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក និងការលើកលែង)
Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Service Providers via Electronic Platform and Its Exception (អ្នកលក់ ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬអាជ្ញាបណ្ណដល់អន្តរការី និងបុគ្គលផ្តល់សេវាពាណិជ្ជកម្មតាមប្រព័ន្ធអេឡិចត្រូនិក 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 an 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 business entity's name, registered address, and contact number or email address 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".
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 business entity's name, registered address, and contact number or email address 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
Sources
- https://web.archive.org/web/20241128135759/https://data.opendevelopmentcambodia.net//dataset/law-on-e-commerce
- https://web.archive.org/web/20241128162409/https://www.businessregistration.moc.gov.kh/wp-content/uploads/2021/05/sub-decree-on-E-commerce-signed-2.pdf
- https://web.archive.org/web/20201202064141/https://hbslaw.asia/images/Related-Publications/2020/Legal_Brief_Sub_Decree_No_134.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s469_e.pdf
- https://web.archive.org/web/20230330112034/https://kh.rajahtannasia.com/media/4089/2020_09_rtsh_sub_decree.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=khm
- Show more...
CAMBODIA
Since January 2003, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator 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) |
Indicator 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 Patents, Utility Model Certificates and Industrial Designs establishes that the patent owner may institute court proceedings against any infringer or anyone who performs acts that make infringement likely. 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
Sources
- https://www.wipo.int/wipolex/en/legislation/details/5781#amendedBy
- https://web.archive.org/web/20231003144812/https://kenfoxlaw.com/our-practice/our-practice-in-cambodia/invention-utility-model-related-matters-in-cambodia
- https://web.archive.org/web/20221202143335/https://op.europa.eu/en/publication-detail/-/publication/b4fa3416-50c8-11ec-91ac-01aa75ed71a1
- https://web.archive.org/web/20210116075504/https://www.abacus-ip.com/guide-to-patent-law-in-cambodia
- Show more...
CAMBODIA
Since December 2016
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
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) |
Indicator 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 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that Copyright is not adequately enforced online in Cambodia. Signal and cable piracy reportedly persist at high levels, and online platforms offering pirated music, films, e-books, software, and television shows remain widely used.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250620222137/https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdfhttps://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
- https://web.archive.org/web/20210925000230/https://www.phnompenhpost.com/national/feature-film-piracy-steady-porn-down-govt
- https://web.archive.org/web/20170305083744/http://www.phnompenhpost.com/7days/end-piracy-group-enforce-law
- Show more...
CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the 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
CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Cambodia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Cambodia does not yet have a specific law on trade secrets, and no comprehensive framework is in place to ensure their effective protection. However, there are limited measures that address some related issues. Under the Contract Law of 1998, non-disclosure agreements may be used and enforced to protect confidential information within employment or other contractual relationships. In addition, the Ministry of Commerce is drafting a Law on Trade Secrets and Undisclosed Information.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240613021323/https://ipkey.eu/sites/default/files/ipkey-docs/2021/IPKey-SEA_mar2021_Evi-Triana_Protecting-Trade-Secret-in-South-East-Asia.pdf
- https://web.archive.org/web/20240610165924/https://dip.gov.la/wp-content/uploads/2021/09/202_Cambodia-Factsheet_SEA-IPR-SME-Helpdesk.pdf
- https://web.archive.org/web/20210307002747/https://www.abacus-ip.com/post/cambodian-trade-secret-law-advances-towards-adoption
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S469R1.pdf&Open=True
- Show more...
CAMBODIA
Since December 2015
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
Cambodia’s Law on Telecommunications establishes a legal obligation for passive infrastructure sharing among licensed operators. According to Art. 32, telecommunications operators must provide access to their supporting infrastructure, including the physical assets used to provide services, upon request by other operators. This access must be granted in accordance with the principles of non-discrimination, technical compatibility, transparency, and affordability, as outlined in Art. 31.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220526224036/https://data.opendevelopmentcambodia.net/laws_record/law-on-telecommunications/resource/6716c7ab-7ae0-4a7c-91c5-6cb02035054c
- https://datahub.itu.int/data/?i=100014&e=KHM
- https://web.archive.org/web/20260401182814/https://www.trc.gov.kh/laws-regulations/subDecree/Sub-decree%20on%20the%20Management%20of%20Construction%20and%20Shared%20Use%20of%20Telecommunications%20Inf...
- Show more...
CAMBODIA
Since May 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law on Public Procurement (ច្បាប់ស្ដីពី លទ្ធកម្មសាធារណ)
In accordance with Art. 12 of the Law on Public Procurement, international competitive bidding is applied to procurement activities of substantial value and high technical complexity. Conversely, domestic competitive bidding is used when sufficient domestic products, production capacity, or construction capabilities are available. This 2023 legislation replaces the previous Law of the same name enacted in January 2012, which included a similar provision under Art. 11.
According to Art. 11 of the 2023 Law, the conditions, thresholds, and procedures for implementing each procurement method shall be determined by a Prakas issued by the Minister of Economy and Finance. Although the relevant implementing regulation could not be found online, it is reported that in November 2023, Cambodia amended the thresholds for international competitive bidding through Prakas No. 833, setting them at (i) KHR 10 billion (approx. USD 2.5 million) for goods and (ii) KHR 8 billion (approx. USD 2 million) for services.
Additionally, pursuant to Chapter 6 (Qualifications of Bidders) of the Law on Public Procurement, the Ministry of Economy and Finance (MEF) requires all companies, contractors, and consultants wishing to participate in public procurement tenders to register with the MEF and undergo a screening process.
According to Art. 11 of the 2023 Law, the conditions, thresholds, and procedures for implementing each procurement method shall be determined by a Prakas issued by the Minister of Economy and Finance. Although the relevant implementing regulation could not be found online, it is reported that in November 2023, Cambodia amended the thresholds for international competitive bidding through Prakas No. 833, setting them at (i) KHR 10 billion (approx. USD 2.5 million) for goods and (ii) KHR 8 billion (approx. USD 2 million) for services.
Additionally, pursuant to Chapter 6 (Qualifications of Bidders) of the Law on Public Procurement, the Ministry of Economy and Finance (MEF) requires all companies, contractors, and consultants wishing to participate in public procurement tenders to register with the MEF and undergo a screening process.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230530/https://www.coj.gov.kh/wp-content/uploads/2023/05/%E1%9F%A0%E1%9F%A5%E1%9F%A2%E1%9F%A3-%E1%9F%A0%E1%9F%A0%E1%9F%A5.pdf
- https://web.archive.org/web/20240302060501/https://www.soksiphana.com/resources/alerts/what-are-the-developments-in-the-new-procurement-law/
- https://web.archive.org/web/20230804044054/https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Law%20on%20Public%20Procurement%20(draft)%202011.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S469R1.pdf&Open=True
- Show more...
CAMBODIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.03%
Coverage rate of zero-tariffs on ICT goods (%)
7.08%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
