Session 2Laws and Regulations

Project for Capacity Development for Implementing the Organic Law at the

Capital and Provincial Level (PILAC 2)

Objectives and Content

Objective of Session 1:

Training participants understand the laws and

regulations related to the CPDP and CPIP.

Content: 1. Legal Background

2. Q&A

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Main Legal Documents

Law on administrative management of capital, provinces, municipalities, district, khans of May 2008 (OL)

Sub-Decree on the Development Plans and Three-Year Rolling Investment Programs for Capital, Province, Municipal, District, and Khan of December 2009 (SD219)

Sub-Decree on the amendment of Article 12 of Sub-Decree on the Development Plans and Three-Year Rolling Investment Programs for Capital, Province, Municipal, District, and Khan of December 2010 (SD 152)

Inter-Ministerial Prakas on Formulation of Development Plan and Three-Year Rolling Investment Program at Capital, Provinces, Municipalities, Districts, Khans of December 2010 (2417 PrK)

Inter-Ministerial Prakas on Amendment of Article 1 of Formulation of Development Plan and Three-Year Rolling Investment Program at Capital, Provinces, Municipalities, Districts, Khans of October 2013 (3514PrK)

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Organic Law (1)

This is a basic law to define the administrative management of Capital, Provinces, Municipalities, Districts, and Khans.

The following articles define the formulation of the CPDP and the CPIP.

The Capital, Province, Municipality, District, and Khan shall have its respective council which is indirectly elected.

(OL Article 14)

A council shall have a mandate of five (5) years.(OL Article 15)

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The council shall formulate and approve a five-year development plan to be updated annually through a third-year rolling investment program. (OL Article 37)

The council shall monitor and evaluate annually the implementation of the development plan.

(OL Article 40) Immediately upon approval of the development plan,

the council shall post the plan in public. (OL Article 41)

Organic Law (2)

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Sub-Decree No. 219 (1)

Promulgated in December 2009

Defines the principles, mechanism, and procedure

on the CPDP and the CPIP

Defines the responsibilities of main stakeholders

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Sub-Decree No. 219 (2)

The development plan and investment program of the Khans and Sangkats shall be included in the development plan and investment program of the Phnom Penh Capital.

The development plan and investment program of Sangkats in the municipality shall be included in the development plan and investment program of the municipality.

(Article 3)

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Sub-Decree No. 219 (3)

The development plan of the sub-national

administrations shall be used on a strategic basis for

guiding decision making in development and in

preparation of a three-year rolling investment

program.

(Article 4)

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Sub-Decree No. 219 (4)

Responsibilities of council

Issue general policy guidance for preparing the contents of the CPDP / CPIP

Review and approve the work calendar for preparation of the CPDP / CPIP

Review and approve the CPDP/ CPIP Review and approve the amendment of CPDP as

necessaryValidate results, monitor and evaluate the

implementation of the CPDP / CPIP , reported by BOG

(Article 6)

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Sub-Decree No. 219 (5)

Responsibilities of the Board of Governors Lead preparation of the CPDP/ CPIP in accordance

with the guidance of council Lead workshops and consultative forums in preparation

of CPDP / CPIP Review CPDP / CPIP and give comments on draft

CPDP/ CPIP before council approval Submit draft CPDP / CPIP to the council for its review

and approval Manage and monitor the progress of the

implementation of CPDP/ CPIP Report at all ordinary meetings with necessary

recommendations to promote the implementation of the CPDP and CPIP

(Article 8)

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Sub-Decree No. 219 (6)

Responsibilities of Planning Working Group (1)

With the agreement from the council and support form the technical facilitation committee, the Capital and provincial BOG shall establish a working group consisting of the following officials.

Governor / Chair Deputy Governor /Deputy Chair Director of Department of Planning Director of Department of Economy and Finance Director of Finance Division Chief or a representative of the WCCC Directors or representatives of Departments and Units Directors or representatives of Divisions

(Article 9)

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Sub-Decree No. 219 (7)

Responsibilities of Planning Working Group (2)

Prepare a work calendar plan for the CPDP/CPIPAssist the BOG in preparation of workshops and

consultative forumsDraft the CPDP/CPIP based on the result of

workshops and consultative forums(Article 11)

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Sub-Decree No. 219 (8)

The development plan and three-year rolling investment program shall be approved by supporting votes of more than half of the total number of councilors.

(Article 17)

The proposal for amendment of the development plan and three-year rolling investment program shall be approved by supporting votes of more than half of the total number of councilors.

(Article 18)

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Sub-Decree No. 152

Promulgated in December 2010

The formulation timing of the CPDP and CPIP is changed from “in the first year of the mandate (Sub-Decree No. 219, 2009)” to “in the second year as maximum for its administration (Sub-Decree No. 152, 2010).

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Inter-Ministerial Prakas No.2417 and 3514

Inter-Ministerial Prakas No. 2417 is promulgated in December 2010.

This Prakas defines the detailed content and formulation procedure of the CPDP and CPIP.

Above Inter-Ministerial Prakas is amended by the Inter-Ministerial Prakas 3514 in October 2013.

Revised guidelines on the CPDP and CPIP in 2013 are officially approved by this amended Prakas.

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Other important laws and regulations

This session is to introduce the laws and regulations closely related to the CPDP and the CPIP.

The development of laws and regulations related to the Decentralization & De-concentration (D&D) Reform is still ongoing.

The “Reference Book II” that includes latest laws and regulations is distributed for participants’ reference.

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Q&A

Any questions in relation to the Session 2?

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Thank You