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CHAPTER I |
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GENERAL PROVISIONS |
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Article
1: Scope |
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The scope of this Law shall cover all the
activities related to standardization, quality
assurance and related activities within the
whole territory of the Kingdom of Cambodia.
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Article 2: Purposes |
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The purpose of this Law is |
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(a) to improve the quality of products,
services and management; |
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(b) to raise and rationalize production
efficiency; |
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(c) to ensure fair and simplified trade;
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(d) to rationalize
product use; and |
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(e) to enhance consumer protection and
public welfare. |
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Article
3: Definition of Terms |
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The following words or terms shall have the
following meanings and interpretations, unless a
different meaning appears in other contexts : |
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“Accreditation Body ” means a
body that conducts and administers an
accreditation system and grants certificate of
accreditation. |
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“Accreditation” means a
procedure by which an authoritative body
gives formal recognition that a body or person
is competent to carry out specific tasks.
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"Standard
" means a document, established
by consensus and approved by a recognized body,
that provides, for common and repeated use,
rules, guidelines or characteristics for
activities or their results, aimed at the
achievement of the optimum degree of order in a
given context. |
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"Standardization”
means activity of establishing, with regard
to actual or potential problems, provisions for
common and repeated use, aimed at the
achievement of the optimum degree of order in a
given context. The above activity consists of
the processes of formulating, issuing and
implementing standards. |
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“Cambodian Standard ”
means a standard approved by the National
Standards Council and promulgated by Minister. |
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“Mandatory Standard ”
means a standard that is strictly conformed
to. |
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"Standard mark ”
means a Product Certification mark or Systems
Certification mark. |
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“Product Certification mark”
means a mark indicating the
conformity of a product to the requirements of a
product standard consisting of Quality mark,
Safety mark, Product Registration mark, etc... |
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“Systems Certification mark”
means a mark indicating the conformity
of a management system to the requirements of a
recognized national or international standard.
Those standards can be Quality Management
System, Environmental Management System, HACCP,
etc... |
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“License ” means a license
issued by the Institute as requested for the
purpose of using Standard Mark.
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"Certification " means a
procedure by which a third party gives written
assurance that a product, process, practice or
service conforms to specified requirements. "third
party ", in relation to certification, means
body or person that is recognized as being
independent of the parties involved, as concerns
the issue in question.
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"Conformity assessment " means
any activity concerned with determining directly
or indirectly that relevant requirements are
fulfilled. |
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"Quality Assurance" means
all planned and systematic activities
implemented in a quality system to provide
adequate confidence that a product or service
will fulfill requirements for quality.
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"Commodity
" means any article, product or thing that
is a subject of trade. |
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"Council
" means the National
Standards Council. |
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“Institute”
means the Institute of Standards of Cambodia. |
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“Director
”
means the Director of the
Institute of Standards of Cambodia. |
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"Inspector " means
a person appointed by the Director for the
execution of this Law. |
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"Minister " means
the Minister in charge of Industry and control
of the standardization and quality assurance.
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CHAPTER
II |
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THE
INSTITUTE OF STANDARDS OF CAMBODIA
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Article 4: |
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There shall be established an institute namely
the Institute of Standards of Cambodia within
the ministry in charge of industry. The
Institute shall have its own specific seal. |
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The establishment and the functioning of the
Institute shall be determined by a government
sub-decree.
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Article
5: Functions and Duties of the
Institute
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The main functions and duties of the Institute
of Standards of Cambodia consist of the
following: |
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(a) to develop national standards for
products, commodities, materials, services,
practices and operations, and promote general
adoption of such standards; |
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(b) to operate conformity assessment
scheme in accordance with the provisions set out
in this law; |
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(c) to establish and maintain
laboratories, libraries, facilities and other
equipments for the purpose of furthering
standardization and quality; |
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(d) to certify the conformity of
products, commodities, substances, materials and
equipments for local consumption or export
according to the applicant’s request; |
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(e) to certify the conformity to a safety
standard for products, commodities, substances,
materials and equipment for local consumption or
export according to the applicant’s request; |
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(f) to certify the conformity to the
management system standards for production and
service according to the applicant’s request; |
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(g) to suspend, withdraw and cancel
license of product standards mark or
certificate of
conformity or certificate of registration
or management system, or certificate of
registration or accreditation; |
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(h) to undertake research in connection
with standardization; |
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(i) to provide educational, training and
consultancy services to promote standardization
and quality; |
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(j) to recognize laboratories,
facilities and other equipment of local or
foreign entity, for the purpose of the
Institute; |
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(k) to provide for cooperation with any
person, international organization or foreign
association having objectives similar to those
of the Institute; |
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(l) to foster and promote the
implementation of standards and standardization
as a means of advancement in the national
economy, health, safety and public welfare;
(m) to collaborate with the industrial,
commercial and trading local authorities and
other organizations to ensure the implementation
of standards. |
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Article 6: Management of
the Institute |
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The Institute shall be managed by a Director in
the rank of general director, who is suitably
qualified, graduated in the technique and
scientific area and at least five year
experienced in standardization field. |
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The Director may have one or more deputy
directors as necessary.
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Article 7:
Appointment of Inspectors |
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The Director may, as he thinks fit, appoint the
staff of the Institute or other person who is
suitably qualified to be inspector and shall
provide him/her a mission order to indicate that
he/she has been appointed as inspector to work
for the purpose of this Law |
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Article 8: Powers of
Inspector |
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The inspection formality shall be determined as
follows : |
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1. According to written letter of suggestion of
Director, inspector may enter upon any premise
by showing an authorized written letter to the
responsible person in order : |
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(a) to examine and take sample of product
or commodity or material or substance using or
being suspected to be used in the manufacture, |
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(b) to open any package or container which
contains or is suspected to contain such product
or commodity or material or substance for the
product or commodity : |
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- being applied for license, or
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- being used standards mark without license, or |
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-having license, but suspected that being
produced or processed in a production not
conformed to relevant standards, or |
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- being required to conform to technical
regulations. |
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2. Referring to paragraph (1) of this Article 8,
inspector may : |
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a)
require the responsible person of
manufacture to show book, notice, record,
registry or other documents concerned, |
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b)
examine, record or make copies of
documents pertaining to the licensed manufacture
or product or commodity by requiring him to
explain, and seize those documents in case of
mistake, |
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c)
question all persons about
information that he/she thinks necessary, |
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d)
require the relevant person to
appear in front of him/her, at a fixed time and
venue, to provide additional information. |
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3. Any inspector who performs his/her duties in
the determined premises shall respect the
general administration procedure on the
examination. |
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4. Inspector shall make minutes and report on
this examination activity. |
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5. The responsible person of the inspected
premises shall at all time provide facilitation
to an inspector to perform duties in his/her
premises. |
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Article 9: Powers of
Director and Staff of the Institute
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The Director and staff of the Institute shall,
before entering upon their duties, sign a
declaration pledging to keep a secrecy during
the performance of their duties or functions,
for not to reveal any information, except :
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- when required to do so by the
Minister or in a court; |
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- in order to respect provisions of this Law or
other law.
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CHAPTER III |
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THE NATIONAL STANDARDS COUNCIL
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Article 10: Establishment of
the National Standards Council |
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There shall be established a Council to be known
as the National Standards Council having the
Institute of Standards of Cambodia as
secretariat. |
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Article 11: |
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The National Standards
Council shall compose of : |
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- a representative of the
Ministry of Industry, Mines and Energy |
as Chairman |
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- Director of the
Institute of Standards of Cambodia
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as permanent
Vice-Chairman |
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- a representative of the
Ministry of Commerce
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as Vice-Chairman |
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- a representative of the
Ministry of Agriculture, Forestry and
Fisheries |
as Vice-Chairman |
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- a representative of the
Ministry of Health
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as Vice-Chairman |
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- a representative of the
Ministry of Environment |
as member |
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- a representative of the
Ministry of Public Works and Transport |
as member |
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- a representative of the
Ministry of Land Management, Urban
Planning and Construction |
as member |
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- a representative of the
Ministry of Economy and Finance |
as member |
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- a representative of the
Ministry of Culture and Fine
Arts
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as member |
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- a representative of the
Ministry of Works and Vocational
Training |
as member |
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- a representative of the
Ministry of Tourism |
as member |
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- a representative of the
Institute of Technology of Cambodia |
as member |
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- a representative of the
Royal Academy of Cambodia |
as member |
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- a representative of the
Royal Phnom Penh University |
as member |
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- a representative of the
University of Health Sciences |
as member |
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- a representative of the
Royal University of Agriculture |
as member |
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- a representative of the
Cambodia Chamber of Commerce |
as member |
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- a representative of the
Producer Association |
as member |
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- a representative of the
Consumer Association |
as member, and |
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- a representative of
other ministries - institutions as
necessary |
as member. |
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The name of Chairman, Vice-Chairman and members
of the Council shall be designated by the
Minister’s regulation. |
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A member of the Council shall, except he/she
resigns or vacates his/her office or his/her
appointment is revoked, hold office for a term
of three years and may be eligible for
reappointment of any successive period. |
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The member of the Council shall have the
following qualifications: |
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-
being a Cambodian citizen, |
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never been convicted of a crime
or misdemeanor, |
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being graduated in sciences or
engineering area, and |
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having at least five years of
professional experience. |
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Article 12: Functions and
duties of the Council |
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.The National Standards Council shall have the
following duties: |
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(a) to approve, amend and cancel any
national standards; |
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(b) to approve, amend and cancel any
standard marks ; |
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(c) to determine voluntary or mandatory
standards or standards mark; |
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(d) to advise the Minister in respect of
standardization priority and policy, programs,
planning, projects and activities to ensure a
maximum effectiveness; |
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(e) to advise and recommend to the
Minister on the effective implementation of
standard for product, process, practice, testing
and services, and approve on the programs,
planning, projects and activities in order to
promote industrial development and
effectiveness, and to protect consumers through
standardization activities; |
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(f) to advise the Institute in respect
of criteria and procedures relating to the
preparation, approval, acceptance and selection
of standards; |
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(g) to prepare internal rule for the
functioning of the Council; |
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(h) to perform any other functions as
determined or delegated by the Minister. |
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Article 13: Council meeting
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The Council session may proceed unless having a
quorum of fifty percent plus one amongst the
total members. Every Council decisions shall be
eligible unless with a vote of two third of
voice of the present members in the due meeting,
except with a vote of three fourth of voice of
the present members for approving or amending
national standards. |
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Article 14:
Establishment of Committees |
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The Council may establish
a number of committees for the discharge
of its functions and duties or for any
other purposes arising out or concerning
its functions and duties. The Council
may amend or cancel any decision made by
a committee.
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CHAPTER IV |
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CAMBODIAN STANDARDS |
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Article 15:
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The Minister shall, by
notifying in the Royal Gazette,
declare any standard that has been
approved by the Council to be a
Cambodian standard for the purpose of
this Law. |
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The Minister may
determine the effective date of a standard,
amend and withdraw a standard according to the
recommendation of the Council. |
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The Minister shall cause
the fact of the determination of the
effective date of amendment and
withdrawal of a standard by notifying in
the Royal Gazette. |
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Article 16:
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For the purpose of
ensuring safety to prevent harmful
effect which may affect the public or
industry or national economy, any kind
of products or systems shall conform to
any specific standards, and the said
standards shall be determined as
mandatory standard according to the
proposal of the relevant
ministries/institutions and Council
approval. |
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The determination of a
mandatory standard shall be made by a
ministerial technical regulation and the
effective date shall not be less than
sixty days from the date signed on the
above regulation. |
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Article 17: |
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Prior to the issuance of
ministerial regulation under Article 15
and 16 of this Law: |
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(a) The Institute
shall publish, at least in one daily
newspaper in Khmer language for a period
of not less than seven days, an
announcement stating the intention of
the declaration and a summary content of
any standard. Any person wishing to
protest shall submit his/her written
protest to the Institute within thirty
days from the date of publication; |
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(b) The Institute
shall report to the Council, and in such
case, the Council shall proceed further
if no protest; |
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(c) In the case
where a protest is received, the
Institute shall submit the protest to
the Council; |
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(d) The Institute
shall post a notice at the Institute
specifying the date, time and venue
where a hearing of the protest will be
held by informing in written letter to
the protester at least seven days before
the hearing date; |
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(e) The Council
shall provide an opportunity to all
interested persons to attend and comment
in the hearing; |
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(f) If the
protester did not attend in the hearing
at the fixed time, the Council shall
proceed as it thinks fit;
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(g) Where a
decision has been made by the Council,
the Institute shall post a copy of the
decision at the Institute and send one
copy thereof to the protester. |
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Article 18: |
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Any person, who is
interested in the decision of the
Council under paragraph (g) of Article
17 of this Law, shall protest against
such decision to the Minister within
thirty days from the date of posting of
the decision copy at the Institute. The
Minister shall send to the Council the
protesting letter attached with his
recommendation. The present decision of
the Council shall be final. |
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The Minister shall inform
the protester on the Council’s final
decision. |
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Article 19: |
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Concerned
ministries/institutions or organizations
may propose the Council to establish a
certain Cambodian standard. If the
Council deems it is unnecessary, the
Council shall explain the reason of
refusal and inform them back.
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CHAPTER V |
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CAMBODIAN
STANDARD MARKS |
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Article
20: |
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Referring
to the Article 22 of this Law and based
on the approval of the Council, the
Institute shall notify at least in one
daily newspaper in Khmer language for a
period of not less than seven days
stating any standard marks which have
been approved by the Council in respect
of Cambodian standards for product or
commodity or for the production,
process, processing or treatment of any
product or commodity or service, or for
those systems. |
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A notification under
paragraph 1 shall contain information in regard
to the relevant standard in which the conformity
shall be certified by any standard mark. Any
person wishing to protest shall submit his/her
written protest to the Institute within thirty
days from the date of such notification. |
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The Institute shall
report to the Council, and in such case,
the Council shall proceed further if no
protest. In the case where a protest is
received, the Institute shall submit the
protest to the Council. The Council
shall consider the objection and
investigate such objection and hold such
inquiries if necessary. |
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If
necessary to inquire, the Council shall
inform in written letter specifying the
date, time and venue for inquiry to the
protester. The protester shall be
entitled to be present at such inquiry
point and to be witness on the Council
decision. |
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The Council decision to
the above objection shall be sent to the
Institute for posting a copy at the
Institute and another copy to all
relevant persons. |
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Article 21:
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Any person, who is
interested in the Council’s decision
under paragraph 5 of Article 20 of this
Law, shall protest against such decision
to the Minister within fifteen days from
the date of posting the copy of the
decision at the Institute. The Minister
shall send the protesting letter to the
Council attached with his
recommendation. The present decision of
the Council shall be final. The Minister
shall inform the protester on the
Council’s final decision. |
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Article 22:
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No any standard mark,
which is identical with any trademark
registered in respect of any product or
commodity under the Law concerning
Marks, Trade Names and Acts of Unfair
Competition, or which so nearly
resembles to any such trademark as to be
likely to mislead for it, may be
declared as a standard mark prescribed
under Article 20 of this Law. |
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No person may use any
trade mark, which is identical with a
standard mark prescribed under Article
20 of this Law or which so nearly
resembles to a standard mark likely to
mislead for it. |
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Article
23:
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The Minister shall,
referring to the Article 20, 21 and 22 of this
Law and based on the request of the Council,
issue a ministerial regulation, that shall be
published in the Royal Gazette, on the
authorization for use or cancellation or
amendment of standard mark for a product or
commodity or production, process, processing or
treatment of that product or commodity or
service or those management systems which will
be effective from the date specified in the
above regulation. The effective date shall not
be more than three months from the date of the
issuance of such regulation.
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CHAPTER VI |
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PRODUCT LICENSE |
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Article
24:
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Every
application for a license shall be made
in written letter to the Institute.
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No license shall be
issued, unless the following conditions
have been fulfilled: |
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-
Inspection and sampling for testing are found to
conform to the relevant standard; |
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-
The applicant agrees to accept the general
conditions attached to the license; |
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-
The applicant paid the license fee to the
Institute as determined by joint ministerial
regulation of the ministry in charge of industry
and the ministry in charge of finance. |
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A license is valid for a
period of three years and may be renewed for
another three years if the terms and conditions
of the license are properly followed. |
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In case of an application
for a license is refused, the Institute
shall inform in written letter
concerning the refusal to the applicant
for not more than seven days from the
date of conformity assessment end |
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Article
25: |
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Referring to Article 24
of this Law, any person, who
manufactures or processes a product
complied with an authorized standard
which has already been into effect, may
display the standard mark on product
after having received a license from the
Institute.
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Article
26: |
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Where the mandatory
standard has been declared subject to
Article 16 of this Law and after the
effective date specified in ministerial
regulation, all production or
continuation to produce any product or
installation of any production line or
import of any product shall conform to
that mandatory standard. |
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Article
27: |
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The licensee shall
display the license at a conspicuous
place in the establishment specified in
the license. |
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If the license is lost or
materially damaged, the licensee shall
apply for a duplicate license to the
Institute within thirty days from the
date of the knowledge thereof. |
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In case of moving of the
establishment specified in the license
or establishing a subsidiary or
enlarging production, the licensee shall
apply for a new license from the
Institute before setting new operation. |
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The application and the
issuance of a new license shall be in
accordance with the rules and procedures
of a license issuance. |
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Article
28:
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In case of an application
for a license under Article 24, 25, 26
and 27 of this Law is refused by the
Institute, the applicant may, within
thirty days after the date of the
receipt of a refusal notice, protest to
the Minister against such refusal. The
decision of the Minister shall be final. |
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