Database

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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

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

Since December 2015

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
The Law on Telecommunications sets the Telecommunication Regulator of Cambodia (TRC) to have autonomy in administrative and regulatory matters for the telecommunications sector, while the Ministry of Posts and Telecommunications (MPTC) is responsible for networks and infrastructure supporting the telecommunications sector. It is reported that the TRC and the MPTC enjoy vast discretionary powers over granting licenses and setting the terms and conditions, which vary on a case-by-case basis. Art. 17 of the Law on Telecommunications regulates unified (multi-service) licenses. A license is required for the provision of: mobile telecommunications services, fixed-line telecommunications services, VOIP services, Internet service provider (ISP), telecommunications-type approval form, national numbering plan, access code, public switched telephone network (PSTN), and Internet cafés.
Some customary licensing terms and steps include: (i) license terms of between 10 to 30 years onward (with some renewability); (ii) license fees based on a combination of a percentage of gross revenue (the percentage usually increases throughout the license) plus a percentage of dividend sharing; and (iii) there may be inter-connection fees, an annual frequency charge fee, microwave license fees, etc., applicable on a case-by-case basis. The percentage of revenue and dividends to be shared increases incrementally and reaches around 10% over ten years. It is reported that the exact percentages of revenue and dividends to be shared by operators with the TRC/MPTC vary on a case-by-case basis and are determined by the terms and conditions negotiated between the TRC/MPTC and the operator. Moreover, it is reported that older licensees sometimes have to pay a higher revenue share. Licensees with some fixed-network capability or carrying international traffic may also be required to share up to 50% of their gross revenue with the MPTC or TRC.
Coverage Telecommunications sector

CAMBODIA

Since October 2005

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (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

CAMBODIA

Reported in 2022, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
It is reported that although the Telecommunication Regulator of Cambodia (TRC), the executive authority for the supervision and administration of services in the telecommunications sector, proclaims itself to be an autonomous public entity independent from the government in the decision-making process, the Telecommunications Law significantly undermined its independence by granting the Ministry of Posts and Telecommunications (MPTC) ultimate authority over the regulator. The TRC’s lack of independence was reportedly demonstrated in 2017 when it followed the MPTC’s order to block access to the Cambodia Daily and other news sites in the run-up to the general election in July 2018.
Coverage Telecommunications sector

CAMBODIA

Since November 2019, entry into force in May 2020
Since August 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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)
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 December 2021

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Sub-Decree No. 287 on Management and Use of National Domain Names on the Internet (អនុក្រឹត្យលេខ ២៨៧ អនក្រ.បក ស្តីពី ការគ្រប់គ្រងនិងការប្រើប្រាស់ឈ្មោះដែនជាតិក្នុងប្រព័ន្ធអុីនធឺណិត)
Art. 6 of Sub-Decree No. 287 stipulates that ministries and governmental institutions intending to utilise the national domain name designated for such entities must store their data within the Kingdom of Cambodia. The Ministry of Post and Telecommunications is responsible for hosting and storing the data of all ministries and governmental institutions using national domain names, either in the national data centre or in a government-operated data centre.
Coverage Public 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 July 2007

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Law on Customs (ច្បាប់គយ និងបទប្បញ្ញត្តិ)
Art. 51 of the Law on Customs stipulates that all individuals or entities engaged in the import or export of goods must maintain accurate documentation, including books, records, and other information, in both digital and traditional formats. These records must be retained for a minimum of ten years at the premises of the business in Cambodia. This obligation extends to importers, exporters, customs brokers, operators of customs temporary storage facilities and customs bonded warehouses, transportation operators, and other relevant parties.
Coverage Entities engaged in the import or export of goods

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 (PCT)
Patent Cooperation Treaty (PCT)
Cambodia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
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[{"post_id":"68884"},{"post_id":"68885"},{"post_id":"68886"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CAMBODIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.1%
Coverage rate of zero-tariffs on ICT goods (%)
6.05%
Coverage: Digital goods

CAMBODIA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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 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

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