Kingdom
of Cambodia
Nation
– Religion – King
Royal
Government
01/SRNN
CIRCULAR
on
the
Appointment of Board of Directors
of
Public Enterprise and Institution
Pursuant
to the provisions of the Kram CS/RKM/0696/03, dated June 15, 1996, promulgating
the Law on the Common Statute of Public Enterprise and the Kret NS/RKT/1297/91,
dated December 31, 1997 regarding the Articles of Association of Public
Enterprise and Reach Kram No. 02/NS/94, dated July 20, 1994 promulgating the Law
on the Organization and Functioning of the Council of Ministers, the Royal
Government issued regulations in order to improve the effective management of
public enterprises. However, the
government observed that the appointment of members of a number of Boards of
Directors for public enterprises was not in compliance with the provisions of
the law.
In
order to improve the qualitative and effective works of the Boards of Directors,
the Royal Government hereby issues additional instructions on the appointment of
the Boards of Directors as follows:
1.
In
the structuring of Board members, the relevant ministry/institution shall
propose those who have qualification, capacity and work experience to serve on
the Board of Directors;
2.
In
the selection of members for the Boards of Directors, in order avoid a conflict
of interests within the ministry/institution mutual approval shall be
reached;
3.
The
chairperson in the Board of Directors shall be selected based on qualification
and experience from among the retired civil servants who are not over 65 years
of age;
4.
The
interested ministry/institution as a supervisor of the public enterprise shall
prepare complete files of the Board composition and director-general and chief
of director-general;
5.
The
files for appointment of Board members, chairman, director-general or chief of
director-general shall be sent to the government in accordance with the
formalities and procedures in force for prior administrative
verification.
Upon
receipt of this Circular, all ministries/institutions shall make best efforts to
implement the above provisions with accountability.
Phnom
Penh, January 4, 2000
Prime
Minister: HUN Sen