NS/RKT/0500/097
KRET
on the
Particular
Statute of Kramkar Cadre of
Prison
Security Personnel of The Ministry of Interior
We,
Preah
Bat Norodom Sihanouk,
King
of the Kingdom of Cambodia
-
Having
seen the Constitution of the Kingdom of Cambodia,
-
Having
seen Kret NS/RKT/1198/72 of November 30, 1998 on the Appointment of the Royal
Government of Cambodia,
-
Having
seen Kram 02/NS/94, dated July 20, 1994, promulgating the Law on the
Organization and Functioning of the Council of
Ministers,
-
Having
seen Kram 06/NS/94, dated October 26, 1994, promulgating the Law on Co-Statute
of the Civil Servants of the Kingdom of Cambodia,
-
Having
seen Kram NS/RKM/0196/08, date January 24, 1996, promulgating the Law on
Creation of the Ministry of Interior,
-
Having
seen Kret CS/RKT/1297/273 of December 1, 1997 on the General Principles for
Organization of the Civil Service,
-
Pursuant
to the Approval of the Council of Ministers at its plenary session dated May 12,
2000,
HEREBY
ORDERS
CHAPTER
1: General Provisions
Article
1:
To
form a Cadre of Prison Security Personnel of the Ministry of Interior, which
shall be classified as Category C as
stipulated in Article 5 of the Kram CS/RKT/1297/273 of December 1, 1997 on the
General Principles for Organization of the Civil Service.
Article
2:
Civil
servants of the Prison Security Personnel cadre shall be subject to the Ministry
of Interior.
Article
3:
Civil
servants of the Prison Security Personnel cadre of the Ministry of Interior
shall have general management rights, educate prisoners, coordinate
administrative works, and functioning of central prison and provincial and
municipal prisons.
CHAPTER
II
Ranks,
Classes and Positions
Article
4:
The
cadre of the Prison Security Personnel of the Ministry of Interior shall be
divided into of 3 ranks:
-
Director of Prison Security Personnel shall be divided into 06
classes;
-
Principal Prison Security Personnel shall be divided into 10 classes;
and
-
Prison Security Personnel shall be divided into 14
classes.
Article
5:
A
Civil servant who is a Director of Prison Security Personnel of the Ministry of
Interior shall qualify to serve the position as:
-
Administrator
and Director of day-to-day operation of the prison; and other equivalent
positions, which are listed in the organization chart of the Ministry of
Interior.
A
Civil servant who is a Principal Prison Security Personnel of the Ministry of
Interior shall qualify to serve the position as:
-
Vice-Administrator
and executive position of the prison; and other equivalent positions, which are
listed in the organization chart of the Ministry of
Interior.
Civil
servant who is a Prison Security Personnel of the Ministry of Interior shall
qualify to serve the position as:
-
Manager
for prisoners at the prison.
CHAPTER
III
Selection
and Probationary Training
Article
6:
Selection
of Prison Security Personnel of the Ministry of Interior shall be conducted by
way of competitive examination among candidates who are civil servants or among
students (graduates). The number of positions to be provided for the candidates
who are civil servants and graduates shall be determined by the Royal Government
at the request of the Ministry of Interior.
Article
7:
The
competitive examination for graduates shall be organized for candidates who
holds a degree at least equivalent to Baccalaureate II and who are not over 25
years of age as at the date of examination. Such age limit may be extended from
25 to 30 years old pursuant to Article 11 of the Co-Statute of Civil
Servants.
The
competitive examination among civil servants shall be organized for civil
servants who are serving at least at grade 11 of category D and who are not over age of (40)
forty years.
Those
civil servants of the Ministry of Interior who hold Baccalaureate II are
entitled to take the competitive examination regardless of their status, titles
and cadre and who are not over age of (40) forty years.
Article
8:
The
candidates selected by way of competitive examination among civil servants and
graduates shall be considered as Prison Security Personnel Trainees and the
Ministry of Interior shall organize a probationary training.
CHAPTER
IV
Probationary
Training and Permanent Appointment
Article
9:
After
the probationary training, the Prison Security Personnel Trainees shall be
assigned to serve at different entities of the Ministry of Interior and be
appointed to the rank of Prison Security Personnel by Prakas of the Ministry of
Interior.
These
probationary civil servants shall complete the probationary training for the
period as specified below:
1.
12
months for officials selected from among graduates;
2.
6
months for officials selected from among civil servants who have previously not
been serving in the Prison Security Personnel cadre.
Those
officials who were selected from among civil servants who have previously been
serving in the Prison Security Personnel cadre at the Ministry of Interior shall
not be required to complete a probationary training.
After
the probationary training, the civil servants stated in Sub-paragraph 1 and 2
above shall be permanently appointed as Prison Security Personnel. In special
cases, extra probation training may be authorized for a maximum period of 12
months for officials stated in Sub-paragraph 1, and 6 months for officials
stated in Sub-paragraph 2. Any official who has not successfully completed such
training shall be removed (if they are graduates) or transferred to their
previous positions (if they are civil servants) and their seniority shall be
taken into account. Prakas of the Ministry of Interior with specific reasons
shall notify these no later than 3 months after the
training.
Prison
Security Personnel of the Ministry of Interior who has been selected from among
civil servants shall be allocated a position with a salary index above his/her
previous one.
Prison
Security Personnel of the Ministry of Interior who have been selected from among
graduates though competitive examination shall be allocated at level 14 of the
Prison Security Personnel.
Prakas
of the Ministry of Interior shall make the appointment of Prison Security
Personnel.
CHAPTER
V
Appointment
Article
10:
After
the permanent appointment to a cadre of Prison Security Personnel, such Prison
Security Personnel may be appointed to any vacant positions consistent with
their ranks as stated in Article 5 above by Prakas of the Ministry of Interior
pursuant to the formality determined by Article 28 of the Kram 02/NS/94 of July
20, 1994 promulgating the Law on the Organization and Functioning of the Council
of Ministers.
CHAPTER
VI
Promotion
of Rank and Title
Article
11:
Officials
of Prison Security Personnel cadre of the Ministry of Interior shall be promoted
according to conditions stipulated in Article 20 and subsequent Articles of the
Co-statute of Civil Servants.
The
basic qualification that shall be taken into account for promotion shall be as
follows:
-
Proper
respect for disciplines;
-
Adherence
to accountability;
-
Successfully
completed his/her assignments; and
-
Good
morals.
The
promotion of civil servants to such positions shall be based on a proportion of
three-fourths (¾) selection and one-fourth (¼) by seniority.
Article
12:
Under
the promotion principles, a title shall be promoted to a Principal grade of the
next higher salary index or in case of emergency to the grade consistent with a
higher salary index that is superior to his/her previous
index.
Promotions
shall be correspondent with the vacancies of such titles and be done in
accordance with records in the promotion book or through the competitive
examination.
Prakas
of the Ministry of Interior shall do the promotion of grade and rank.
Article
13:
An
official who has reached grade 11 of the Prison Security Personnel may be
promoted to Principal Prison Security Personnel.
An
official who has reached grade 7 of Principal Prison Security Personnel may be
promoted to Director of Prison Security Personnel.
A
promotion to higher rank shall enable the interested official to serve a
position parallel to such new rank as stated in Article 5 of this Particular
Statute.
Article
14:
A
separate Kret shall determine the salary index for each title of Prison Security
Personnel and a unit value index and other remuneration.
CHAPTER
VII
Special
Provisions
Article
15:
Officials
of the Prison Security Personnel who holds a Baccalaureate II plus two years of
studies at secondary institution shall be automatically promoted to one higher
grade.
Article
16:
Prison
Security Personnel cadre shall be retired at the age of 55 years. Prakas of the
Ministry of Interior shall determine such retirement.
Article
17:
The
Ministry of Interior shall determine the uniform and coat-of-title for the
Prison Security Personnel.
CHAPTER
VIII
Transitionnel
Provisions
Article
18:
The
initial number of cadre of Prison Security Personnel of the Ministry of Interior
shall be constituted from the reintegration of current in-post civil servants
and actual positions in the central, provincial or municipal administration.
CHAPTER
IX
Final
Provision
Article
19:
Any
provisions, which are contrary to this Royal Decree, shall be
abrogated.
Article
20:
The
Prime Minister of the Royal Government of the Kingdom of Cambodia shall
implement this Royal Decree from the date of signature.
Article
21: This
Kret shall be effective from the date of signature.
Made
in Phnom Penh, May 19, 2000
Norodom
Sihanouk
Having
submitted to the King for signature
Prime
Minister:
Hun Sen
Having
submitted to Samdech Prime Minister for signature
Co-Ministers
of Interior: Sar
Kheng
You Hokry