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KINGDOM OF CAMBODIA Nation -
Religion - King |
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| Royal
Government of Cambodia
Ministry of
Economy and Finance
Ministry of Public Works and Transport
Ministry of Tourism
Ministry of Interior
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| No. 655
PrKr. SHV. DNS. PH |
Phnom
Penh, 16th October, 2002 |
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Inter-ministerial
Prakas
On
Compulsory Insurance for Contractor’s All
Risk Liability
Ministries
Of
Economy and Finance –Land Management Urban
Planning Construction-Interior
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Referring to
the constitution of Kingdom of Cambodia |
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Referring to Royal Decree
No NS/RKT/1198/96 dated 25 November 1998 on
nomination of |
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Prime Minister of the Royal
Government of Cambodia. |
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Referring to the Royal
Decree N0 NS/RKT/1198/72 dates 30 November,
1998 on formation of |
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Royal Government of the
Kingdom of Cambodia |
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Referring to Preah Reach
Kram No 02/NS/94 date 20July 1994 on Promulgation
of the Law on |
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organization and Functions
of the Council Ministers |
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Referring to the Preah
Reach Kram No NS/RKM/0196/08 date January
24, 1996 promulgating |
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the law on formation of
the ministry of Interior |
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Referring to Preah Reach
Kram No NS/RKM/0196/18 dated 24 January 1996
promulgating the |
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law on establishment of
the Ministry of Economy & Finance |
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Referring to Preah Reach
Kram No NS/RKM/ 0699/ 09 dated on 23 July
1999 promulgating the |
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law on Ministry of Land
and Management Urban Planning & Construction. |
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Referring to Letter permission
of Construction No 86/ANkr/BK dated 19 December
1997 |
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Referring to Preah Reach
Kram No NS/RKM/0700/02 dated 25 July 2000
Promulgating the law |
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insurance. |
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Referring to Sub-Decree
on Insurance No106 ANKr.BK dated 22 October,
2001 Introduction of |
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Implementation of Insurance
Law |
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Pursuant of the proposal
of the Ministry of Economy and Finance |
Hereby decides |
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| Section: 1 |
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The insurance for Construction Liability
is intended to protect the interests
of Third Parties living on or around,
passing by, or crossing over a construction
site.
All physical or legal persons acting
as contractors or sub-contractors shall
bear liability for accidental bodily
injury, death or property damage to
third Parties caused by the construction
operation. |
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| Section: 2 |
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Unless exempted below, every contractor
or sub-constructor engaged in construction
activity, including the rehabilitation
of existing construction, must purchase
construction liability insurance.
The following construction activities
are exempted from the compulsory insurance
requirement: |
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-Construction
activity conducted by a government institution;
-Any part of a construction activity involving
a legal person engaged in a public works project
if the Ministry of Economy and Finance determines
that the contractor is able to quickly and
adequately satisfy any liability;
-Small scale construction projects which do
not require the approval of any governmental
authority. |
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| Section: 3 |
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The Minimum
amount of insurance required shall be
-$5,000.00 per person for bodily injury or
death per person
-$25,000.00 per occurrence of an accident
for bodily injury or death
-$10,000.00 for property damage. |
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| Section: 4 |
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Upon the authorization of a private
construction project, the Ministry of
Land Management Urban Planning and Construction
or the Provincial-Municipal Department
of Land Management Urban Planning and
construction and Cadastre shall advise
the project owner to deal with a contractor
or sub-contractor that has the required
construction liability insurance. The
construction site shall be not allowed
to open until the required insurance
is in place. |
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| Section:
5 |
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For projects that are not exempted
by compulsory insurance as stated in
item 2 and funded by the government
budget or loans, the successful bidder
must submit, together with the bidding
documents, the insurance cover note
issued by an insurance company authorized
to write construction insurance in the
kingdom of Cambodia confirming that
the required insurance is in place.
If the bidder fails to obtain the required
insurance, construction may not begin.
The cover shall be replaced by the insurance
policy when the construction site is
opened.
The Ministry of Economy and Finance
shall not release any fund unless evidence
of insurance is attached to the payment
voucher for the construction project. |
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| Section: 6 |
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On applying for construction, owner
shall show insurance policy of insurance
company which has license in the Kingdom
of Cambodia. Any application without
cover not or insurance policy will be
rejected by the Ministry of Land Management
Urban Planning and Construction and
the Province – Municipal Land
Management Urban Planning and Construction. |
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| Section: 7 |
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Whenever any construction work is
in progress, the Ministry of Land Management
Urban Planning and Construction and
the Province-Municipal Department of
Land Management Urban Planning and Construction
and Cadastre and any local competent
authorities shall have the duty to inspect
the construction site and demand evidence
that the required insurance is in effect.
Unless the construction project is exempt
from the compulsory insurance requirements,
the authority shall temporarily suspend
the construction work if evidence of
the required insurance cannot be shown
and the contractor or sub-contractor
shall be required insurance. The failure
to provide such evidence shall be fined
as provided in Article 52 of the Insurance
Law. |
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| Section: 8 |
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Whenever any required construction
liability insurance is cancelled by
the insurer for non-payment, the insurer
shall provide notice of such cancellation
to the Ministry of Land Management Urban
Planning and Construction and the Province-Municipal
Department of Land Management Urban
Planning and Construction and Cadastre
and any local competent authorities |
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| Section: 9 |
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If a construction site accident is
caused by an insured motor vehicle,
the motor vehicle insurance shall be
the primary insurance covering the accident
and the construction liability insurance
shall be secondary. |
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| Section: 10 |
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Any regulation contradicting this
inter-ministerial Prakas shall be deemed
null and void to the extent of such
contradiction. |
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| Section: 11 |
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All concerned authorities or organizations
relating to these three ministries shall
respectively and effectively implement
this Prakas from the date of its signature. |
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