ANNEX I

 ROLE AND RESPONSIBILITIES OF CDC/CRDB

EXTRACTS
=============

 KINGDOM OF CAMBODIA
NATION RELIGION KING


Royal Government of Cambodia
No. 147 ANK BK

SUB DECREE
ON THE
ORGANIZATION AND FUNCTIONING OF THE COUNCIL FOR THE DEVELOPMENT OF CAMBODIA

 

The Royal Government of Cambodia

-
-

-

-



-

Having seen the Constitution of the Kingdom of Cambodia;
Having seen the Royal Decree N° NS/RKT/0704/124 dated 15 July 2004 on the formation of the Royal Government of Cambodia;
Having seen the Royal Kram N° 02/ NS/ 94 dated 20 July 1994 on the Organization and Functioning of the Council of Ministers;
Having seen the Royal Kram N° 03/NS/94 dated 5 August 1994 on the Promulgation of the Law on Investment of the Kingdom of Cambodia and the Royal Kram N° NS/RKM/0303/009 dated 24 March 2003 on the Promulgation of the Amendment to the Law on Investment of the Kingdom of Cambodia; and
Pursuant to the needs of the Council for the Development of Cambodia.

It Is Hereby Decided:

I
ORGANIZATION OF THE COUNCIL FOR THE DEVELOPMENT OF CAMBODIA

Article 1:

The composition of the Council for the Development of Cambodia (CDC) is as follows:
 
   

1.

2.

3.

4.
5.

6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.

35.
36.
37.
38.
39.
40.
41.
42.
43.

Samdech Hun Sen, Prime Minister of the Royal Government of Cambodia as Co Chairman

Samdech Krom Preah Norodom Ranaridh, Special Adviser to the Royal Government of Cambodia as Co Chairman

H.E. Mr. Keat Chhon, Senior Minister, Minister of Economy and Finance as First Vice Chairman

H.E. Mr. Cham Prasidth, Senior Minister, Minister of Commerce as Vice Chairman

H.E. Mr. Kong Vibol, First Secretary of State, Ministry of Economy and Finance as Vice Chairman

Minister in Charge of the Council of Ministers or Representative as Member

Minister in Charge of the Royal Palace or Representative as Member

Co Ministers of Interior or Representative as Member

Co Ministers of National Defense or Representative as Member

Minister of Foreign Affairs and International Cooperation as Member

Minister of Education, Youth and Sports as Member

Minister of Information as Member

Minister of Rural Development as Member

Minister of Health as Member

Minister of Culture and Fine Arts as Member

Minister of Justice as Member

Minister of Water Resources and Meteorology as Member

Minister of Post and Telecommunication as Member

Minister of Labor and Vocational Training as Member

Minister of Women's Affairs as Member

Minister of Social Affairs, Veteran and Youth Rehabilitation as Member

Minister of Planning as Member

Minister of Industry, Mines and Energy as Member

Minister of Agriculture, Forestry and Fisheries as Member

Minister of Environment as Member

Minister of Public Works and Transport as Member

Minister of Tourism as Member

Minister of Land Management, Urban Planning and Construction as Member

Minister of National Assembly Senate Relations and Inspection as Member

Minister of Cult and Religious Affairs as Member

Governor of the National Bank of Cambodia or Representative as Member

Secretary of State of the Secretariat of Public Function or Representative as Member

Secretary of State of the Secretariat of Civil Aviation or Representative as Member

Commander in Chief of the Royal Cambodian Armed Forces or Representative as Member

National Police Commissioner or Representative as Member

Commander in Chief of the Royal Para Military or Representative as Member

Secretary General of the CDC as Member

Secretary General of the Cambodian Rehabilitation and Development Board as Member

Secretary General of the Cambodian Investment Board as Member

Secretary General of the Cambodian Special Economic Zone as Member

Director General of the Cambodian Petroleum Authority as Member

Municipal and Provincial Governors or Representative as Member

President of the Phnom Penh Chamber of Commerce or Representative as Member
 

Article 2:

The organizational structure of the CDC is as follows:

    1.

2.

3.

4.

The Cambodian Rehabilitation and Development Board (CRDB) under the direct supervision of a Secretary General.

The Cambodian Investment Board (CIB) under the direct supervision of a Secretary General.

The Cambodian Special Economic Zone Board (CSEZB) under the direct supervision of a Secretary General.

The General Secretariat under the direct supervision of the Secretary General of CDC.
 

Article 3:

The Secretary General of CDC, the Secretary General of CRDB, the Secretary General of CIB, and the Secretary General of CSEZB shall be respectively assisted by a Deputy Secretary General. The Deputy Secretaries General shall perform their duties as assigned by the Secretaries General with approval of the executive committee of CDC. The Secretaries General, in performing their duties, shall consult their Deputy Secretaries on a regular basis.
 

Article 4:

The organizational structure of CRDB is composed of the following units:











.....
 

1.
2.

3.
4.
5.
6.
7.
8.
9.

Public Relations and Aid Mobilization and Coordination

Documentation and Information Management

Bilateral Aid Coordination with Asia Pacific and Oceania countries

Bilateral Aid Coordination with European Union and countries in Europe and the Americas

Aid Coordination with Multilateral Institutions (such as ADB, WB and IMF)

Aid Coordination with UNDP and other UN Agencies

NGO Coordination

Program/Project Analysis

Administration

Article 8:


.....
Each unit has the rank of a department and under the supervision of a Director assisted by a number of Deputy Directors.


II
ROLES AND RESPONSIBILITIES OF CDC
 

Article 10:

CDC is an executive agency of the Royal Government of Cambodia and shall have the following roles and responsibilities:



















.....
 
1.


2.

3.




4.

5.

6.

7.

Act as the "Etat Major" and "One Stop Service" of the Royal Government of Cambodia in the areas of Rehabilitation and Development and Public Investment, Private Investment, and the establishment and management of Special Economic Zones.

Lead in the formulation of development visions and strategies for Cambodia by collaborating with concerned institutions.

Liaise with foreign countries, bilateral and multilateral partners and NGOs to get them informed of national economic development visions and strategies and priorities in national rehabilitation and development plans with the aim of making external aid coordination and utilization effective and aligned with national development needs and priorities.

Coordinate the work of the Ministries that are working with donor countries and institutions and investors.

Provide directions in the allocation and utilization of public and private resources for national development.

Facilitate and streamline administrative procedures for donor countries and agencies and investors.

Review and make decision on work pertaining to rehabilitation and development and public investment, private investment and the establishment and management of Special Economic Zones.

Article 13: In Rehabilitation and Development, the roles and responsibilities of CDC are as follows:
    1.



2.



3.

4.

5.


6.



7.

8.


9.


10.


11.
 

Act as the "Focal Point" and "One Stop Service" of the Royal Government of Cambodia in its relations with donor countries, agencies and NGOs; and as the "Focal Point" and "One Stop Service" for Government ministries and agencies in aid coordination and allocation/utilization.

Formulate and implement the Strategic Framework on Development Cooperation Management to strengthen Government ownership and leadership in development process and to strengthen partnership between Royal Government of Cambodia and the donor community.

Mobilize and allocate external assistance to implement the priorities set out in the National Strategic Development Plan and other sectoral development plans.

Directly lead the harmonization of development partners' practices and procedures to enhance aid effectiveness.

Provide technical support to the Government Donor Coordination Committee that is the mechanism for policy dialogue and provide support to strengthen the Technical Working Groups mechanism.

Cooperate with ministries and agencies in formulating national rehabilitation and development strategies, and setting immediate, medium and long term national development priorities for the preparation of annual plans of action. These plans of action must be coherent, systematic and inter-related.

Participate in the preparation of national socio economic development plans and sectoral development plans.

Manage public investments by closely cooperating with relevant ministries and agencies. This is mainly related to coordinating and guiding the allocation and utilization of national and external resources for the rehabilitation and development of Cambodia.

Pursuant to the delegation of power from the Prime Minister, sign on behalf of the Royal Government of Cambodia the acceptance and/or allocation of external assistance with bilateral and multilateral donors and international organizations.

Lead the preparation of government policy papers to be submitted to conferences for the rehabilitation of Cambodia such as the Consultative Group Meeting of Cambodia with cooperation from relevant ministries and agencies.

Prepare six-month and annual report and submit to the Royal Government of Cambodia for review and guidance to further improve rehabilitation and development.
 

Article 14: In the management of public investments, working relationships between CDC and ministries and agencies are as follows:
    1.


2.

3.

4.


5.

CDC shall coordinate the formulation of visions and strategies for public investments and shall coordinate the ordering of priorities for public investment for medium term and one year.

The Ministry of Foreign Affairs and International Cooperation shall be the diplomatic window.

The Ministry of Planning, by cooperating with other ministries and agencies, shall prepare the 5 year public investment plan.

The Ministry of Economy And Finance shall prepare the macroeconomic framework for the medium term, shall prepare national budget for the implementation of the annual public investment plan, and shall monitor the implementation of financing.

Line ministries shall prepare sectoral public investment plans by closely cooperating with the Ministry of Planning and CDC and shall implement those sectoral public investment plans.
 

Article 15:


.....
 
All ministries and agencies shall perform their duty related to public investment in a coordinated manner through the "One Stop Service" mechanism.

III
THE FUNCTIONING OF CDC
 

Article 25: The Vice Chairmen of CDC shall have the following responsibilities:

A. H.E. Mr. Keat Chhon, First Vice Chairman:
   

i.
ii.
iii.

iv.
v.

vi.
vii.
viii.


ix.

Oversee the overall functioning of CDC in the absence of the Co Chairmen of CDC.

Propose national development strategy.

Supervise the functioning of CRDB with focus on coordinating public investment and mobilizing and coordinating external assistance.

Manage and supervise the daily operations of CDC.

Chair the executive meeting of CDC and the plenary meeting of CDC and sign the minutes in the absence of the Co Chairmen of CDC.

Coordinate between CDC and ministries and agencies.

Liaise with donor countries and agencies.

Chair the "One Stop Service" meetings organized by CDC on matters pertaining to rehabilitation and development and investments prior to submission for approval from CDC Executive Committee.

Perform tasks as delegated by Co Chairmen of CDC.
 

Article 26: The roles and responsibilities of the Secretary General of CDC are as follows:
 
    i.

ii.

iii.

iv.

v.
vi.



vii.


viii.
ix.

Responsible for the coordination and monitoring of the performance of CRDB, CIB and CSEZB as well as for the management of the Secretariat of CDC.

Act as technical "Etat Major" for CDC in the implementation and monitoring of policies and strategies on trade, industry, private investment and special economic zones.

Prepare CDC's work plan, agenda and other relevant documents for CDC Executive Committee and Plenary meetings.

Prepare the minutes of CDC Executive Committee and Plenary meetings for signature of the meeting Chairman.

Prepare press release for CDC.

Coordinate the preparation of annual and six month progress reports on matters pertaining to rehabilitation and development, private investment and the special economic zones for review and approval by CDC prior to submission to the Royal Government.

Participate in the "One Stop Service" meeting for review and approval of work pertaining to rehabilitation and development, private investment and special economic zones.

Perform tasks as delegated by Co Chairmen of CDC or Vice Chairmen of CDC.

Act as the Secretary General of the Government Private Sector.
 

Article 27: The roles and responsibilities of the Secretary General of CRDB are as follows:
 
    i.
ii.

iii.


iv.


v.


vi.

vii.

Supervise the functioning of CRDB.

Prepare agenda and relevant documents for the "One Stop Service" meetings on matters pertaining to rehabilitation and development.

Assist the Secretary General of CDC in preparing necessary documents related to rehabilitation and development for submission to CDC Executive Committee and Plenary meetings.

Monitor the implementation of public investment programs by cooperating with concerned Government ministries and agencies, and prepare progress report and recommendations for review and corrective actions by CDC Executive Committee.

Assist the Secretary General of CDC in preparing annual and six month progress on work pertaining to rehabilitation and development for review and approval by CDC prior to submission to the Royal Government.

Participate in the "One Stop Service" meeting on matters pertaining to rehabilitation and development.

Perform tasks related to rehabilitation and development as delegated by Chairman of CDC or Vice Chairmen of CDC.
 

Article 35:

The implementation of the "One Stop Service" mechanism of CDC on matters pertaining to rehabilitation and development, investment and the special economic zones shall be based on the following principles:

A. For CRDB:
 

    i.









ii.



iii.



iv.

v.

The Ministry of Foreign Affairs and International Cooperation, the Ministry of Economy and Finance, the Council of Ministers and the Ministry of Planning shall respectively designate an official of the rank of director of department to work with CRDB. The official must:

-    Be competent in his/her field of specialty.
-
    Have the delegation of authority from the head of his/her institution and
     must liaise closely with the latter and in particular must prepare reports
     and seek recommendations from the head of his/her institution.

-
    Be proactive with the work of CRDB.
-
    Have good command of one or two foreign languages especially English.

Other Government ministries and agencies shall also appoint a representative to participate in the "One Stop Service" mechanism, but this is done on an ad hoc basis and upon the request of the Secretary General of CRDB on matters pertaining to public investment which involves the concerned ministries and agencies.

The Secretary General of CRDB shall provide all the documents necessary for the "One Stop Service" meeting to all representatives of relevant ministries and agencies one week before the meeting date so that the head of the relevant institutions shall be able to review and make recommendations.

After preparing all the necessary documentation, the Secretary General of CRDB shall submit the documents for review and approval of the "One Stop Service" meeting.

The Secretary General of CRDB shall prepare the necessary documents and relevant information which are the outcome of the "One Stop Service" meeting and forward them to the Secretary General of CDC for submission for review and approval by CDC Executive Committee.
 

Article 37: The Council for the Development of Cambodia shall have its own staff and budget. The management of the revenues and expenditures of CDC shall be governed by the Law on Finance.
 
Article 38:

The Sub Decree N° 70 ANK/BK dated 27 July 2001, Sub Decree N° 112 ANK/BK dated 12 November 2002, and Sub Decree N° 35 ANK/BK dated 4 August 2004 shall be rendered null and void.

Phnom Penh, 29 December 2005
Prime Minister
Hun Sen


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