Handbook on ASEAN Consumer Protection Law and Regulations:
ASEAN Secretariat, 1st Edition, June 2018
The ASEAN Secretariat published “Handbook on ASEAN Consumer Protection Law and Regulations” in June 2018. Below are the extract for Cambodia coverage.
Cambodia
Laws and Regulations
At present, Cambodia does not have a comprehensive legislation on consumer protection yet. Such a law, however, is being drafted and the Government of Cambodia is making every effort possible to enact the same at the earliest possible.
The closest that Cambodia has to a general consumer protection law is its Law on the Management of Quality and Safety of Products, 2000 (LMQSP).
Scope and Coverage
The LMQSP provides an administrative framework for the Cambodian Government to inspect and prevent the production of hazardous products and the provision of hazardous services.
It applies to all commercial enterprises; all manufacturers for commercial ends; importers, exporters and merchants; service providers; advertisers of products, goods, and services; civic associations and nongovernmental agencies engaged in manufacturing, commerce or humanitarian relief.
The LMQSP covers issues such as consumer rights and business obligations; quality label and creation procedures; commercial fraud repression; actions against products or services which are likely to induce grave or imminent dangers; inspection procedures for quality and safety of products, goods and services; and relevant offences.
Definition of Consumer
There is currently no formal definition of a consumer in Cambodia laws yet, even though this term is repeatedly used in the LMQSP.
Consumer Rights and Responsibilities
The LMQSP mentions the following rights of consumers in Cambodia:
· Right to safety; and
· Right to information (to be provided with accurate information about the composition or configuration of products, goods or services to avoid confusion)
Product Safety and Liability
The LMQSP imposes criminal and administrative liabilities upon producers, retailers, inspectors and service providers for their manufacturing and commercialisation of products, goods and services which could be harmful to the health or safety of consumers.
When goods and services could harm the health or safety of consumers, the manufacturers and persons who commercialise those goods and services are required to submit a declaration and obtain an authorisation from the competent agencies prior to the commencement of such activities. The competent authorities could also issue an order to the manufacturers, sellers or service providers to take necessary measures to ensure the relevant quality and safety requirements are met. These measures may include warnings and other precautionary measures as well as the recall of defective products for modification or a partial or total refund of the purchase price.
Besides, the Civil Code of Cambodia provides that the sources of liability include contract, unilateral acts, acts of management of affairs without mandate, act of unjust enrichment, tortious acts, or as provided for by law. A consumer who claims to have been injured by a product, or who otherwise suffered loss or damage, can commence an action at a court of law seeking compensation to enforce a contract or to hold the producer, seller or owner of a product causing injury, loss or damage liable in tort.
Misleading Advertisements
The LMQSP prohibits all forms of commercial advertising if they are deceitful, misleading, or false, or likely to cause confusion on the quality and safety of products, goods and services when they pertain to the following:
· Expected effects of the products;
· Identity, type, nature, place of origin, physical or nutritional quality, contents, quantity, manufacturing methods, and date of production;
· Expiry date, usage guidelines and terms;
· Methods of sale, product availability and prices; and
· Other warranties.
Sectoral Issues
Phone, Internet Services and E-Commerce
The Law on Telecommunications, promulgated by the Royal Decree No.NS/RKM/1215/017 dated 17 December 2015, is considered the most comprehensive legal instrument supervising the telecom sector in Cambodia.
This law:
· defines the authorities of the Ministry of Post and Telecommunication,
· establishes and sets duties of the Telecom Regulator Cambodia
· classifies different types of authorization, certificate and licenses
· sets the supervision on the use of infrastructure and network, the fees, the fair competition and the protection of the consumers.
Consumers of telecommunications services have the following basic rights:
· rights to enjoy quality telecom services, and to receive information about telecom services;
· right to security and safety while using telecom services, including protection of private information;
· right to participate in any public consultation on the preparation of policy or regulation in the sector;
· right to redress and obtain compensation on damages caused by the telecom operators or service providers; and
· right to establish telecom consumer association.
The Ministry of Posts and Telecommunications <http:// www.mptc.gov.kh/> and the Telecommunication Regulator of Cambodia <https://www.trc.gov.kh> are responsible for implementing this law, as well as all consumer protection issues within the telecom sector.
Consumer Credit and Banking
The main piece of legislation for this sector in Cambodia is the Law on Banking and Financial Institutions 1999, but it has only a few provisions related to consumer protection. It empowers the supervisory authority to define, after having consulted the profession, a corpus of rules of good conduct aimed at ensuring customer protection, including transparency, openness and the level of charges and remuneration for banking or financial services.
The Prakas on Utilization and Protection of Credit Information (2006) establishes a process for banks to share negative credit information as part of a government sponsored framework known as CIS (Credit Information System). The system is currently inactive, but the wording of the prakas has been interpreted by lenders to preclude the sharing of personal credit information other than the negative information provided for under this system.
The National Bank of Cambodia <https://www.nbc.org. kh> is the sector regulator and as such carries several responsibilities under the Law on Banking and Financial Institutions 1999. There is, however, no provision for the establishment of any banking ombudsman or tribunal to hear consumer complaints.
Healthcare Services
The Law on the Management of Pharmaceuticals, 1996 of Cambodia makes it an offence for a person to produce, import, export or trade poor quality or counterfeit pharmaceutical products that affect the health or life of the consumers, or pharmaceuticals containing addictive substances without authorisation.
The Ministry of Health of Cambodia is the implementing agency for all laws and regulations on health and healthcare services in Cambodia. The Ministry has no website as of date.
Professional Services
The Law on the Management of Private Medical, Paramedical and Medical Aide, 2000 is deemed to address the problem of unregistered private medical practitioners providing unqualified services to the public in Cambodia. It requires that any person practising as a medic, paramedic or medical aide must hold a degree recognised by the Ministry of Health, and be registered with the relevant medical professional association. This law is also implemented by the Ministry of Health. Legal services were partly regulated under the Law on Bar Statutes 1995, which is implemented by the Ministry of Justice <http://www.moj.gov.kh/>.
Consumer Protection Agencies
The governmental focal point for consumer protection matters in Cambodia currently is the Cambodia import Export Inspection and Fraud Repression Directorate-General (CAMCONTROL), under the Ministry of Commerce.
CAMCONTROL is responsible for:
· Ensuring the quality and safety of products and services for the protection of consumers’ health and safety;
· Ensuring the protection of consumers’ economic interests;
· Ensuring the compliance of the regulatory requirements related to trade; and Providing the service of commercial inspection as third party.
Consumer Organisations and Associations
There is currently no consumer organisation or association in Cambodia yet.
Redress
Currently, consumers in Cambodia can only take legal action for tort or other actions to enforce their rights in courts.
To read full handbook: https://asean.org/wp-content/uploads/2018/05/Handbook-on-ASEAN-Consumer-Protection-Laws-and-Regulation.pdf
Abacus IP Cambodia, Cambodian Law on Consumer Protection Enacted
The stated goals of the law are to protect consumers, ensure trading is fairly competitive, and promote trust between consumers and businesses. It applies to anyone engaged in business – whether for profit or not – including selling goods, services or property to consumers in Cambodia.
Consumer Rights & Associations
Consumers have the right to:
· Access information and education in order to distinguish goods or services, and to prevent fraud through commercial advertising
· Choose goods or services with competitive prices and quality
· To be heard on concerns, and to examination and settlement by the competent regulators and the government
· To claim compensation under the law
The law grants consumers the right to form associations, through registration as a non-governmental organization with the Ministry of Interior and authorization from the ministry regulating their sector. Consumer associations will have the following roles and duties:
· Consulting with consumers and coordinating their issues
· Acting as representative before the NCPC or before a court, in representing consumers whose rights have been infringed
· Representing views and interests of consumers in the press and public forums
· Consulting with regulators concerning information standards
· Establishing a consumer protection working group in their sector
· Undertaking other duties as assigned by the NCPC.
In full: https://www.abacus-ip.com/post/cambodian-law-on-consumer-protection
Following on the Law on Consumer Protection of 2019, the Royal Government of Cambodia issued a Sub-Decree on the Organization and Functioning of National Committee for Consumer Protection on 27 August 2020. The regulation aims to push and promote implementation of the law, and thereby encourage honest and fair business practices.
The National Committee for Consumer Protection (NCCP) is to be lead by Minister of the Ministry of Commerce, with other deputies and members from the Ministry of Commerce, Ministry of Economy and Finance, Ministry of Interior, Ministry of Industry, Science, Technology and Innovation, Ministry of Justice, Ministry of Posts and Telecommunications, Ministry of Health, and Ministry of Agriculture, Forestry and Fisheries, the National Bank of Cambodia, the Directorate-General of Consumer Protection, Competition and Fraud Repression (CCF) and the Council of Ministers.
The NCCP will be tasked with:
· prepare and promote the policy and strategic plan related to consumer protection
· propose the government checks and amendments to the law and regulations related to consumer protection work if necessary
· request for advice or decision from the Royal Government on the implementation of the consumer protection law
· check and find solutions in the case of regulations prepared by a regulator that conflict with the regulations prepared by other regulators
· provide consultation with the consumer associations and organizations related to consumer protection
· check and approve measures and other procedures necessary to implement laws on consumer protection
· facilitate and collaborate and sign other agreements with other institutions, authorized regulators in various fields and development partners related to consumer protection work both nationally, regionally and within the international framework.
· establish a working group to implement any specific work
· check and solve any complaints or cases raised by NCCP related to consumer protection
· give recommendations to the Minister of Commerce to determine dishonesty, send warning letters and also propose that the government set a date for a National Day for Consumer Protection
· publish a warning in writing
· consult and collaborate with competent authorities to define the content of the information for consumers
In full: https://www.abacus-ip.com/post/national-committee-for-consumer-protection-established
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