Archive for October 18th, 2009

Cambodia Has No Insurance for the Durability of Buildings – Saturday, 17.10.2009

Posted on 18 October 2009. Filed under: Week 634 | Tags: , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 634

“Phnom Penh: People are always excited when they travel along roads with new buildings and construction sites, but senior staff of insurance companies in Cambodia claimed that by now, there is still no insurance for building durability in Cambodia.

“In Phnom Penh, many high rise buildings are being constructed nowadays, especially along the Monivong Boulevard. Representatives of insurance companies in Cambodia said that Cambodia has no law requiring high rise building to pay for building durability insurance.

“A manager of an insurance company who asked not to be named said that so far, in Cambodia there is no law requiring to contract building durability insurance for high rise buildings. That is why construction quality is still a challenging issue, and clients have just to trust.

“He added, ‘So far, Cambodian law requires only to have third party liability insurance during the period of the construction, but there is still a gap to achieve insurance for building durability.’

“He went on to say that in other countries, almost all construction activity includes to contract durability insurance for buildings. Therefore, the quality of construction in those countries is guaranteed, and the durability of buildings can be predicted, while in Cambodia, there is no such thing.

“The director of the Caminco Insurance company, Mr. Duong Vibol, said on 15 October 2009 that also his insurance company offers insurance services related to the construction of buildings, but the agents of the company have not been able to attract clients constructing big and high rise buildings.

“He said, ‘I do not know what the requirements of the laws are, but we have assigned agents to talk to them, but so far, there is no response – or they said that they had already bought insurance from abroad.’

“Also the director of the Forte Insurance company, Mr. Yak Chamroenrith, said on the same day that most high rise buildings being constructed along the Monivong Boulevard belong to clients of his company, but they contracted only third party liability insurance, but there is no insurance yet for the durability of the buildings. He said, ‘In modern countries, there is such a service, but in Cambodia, there is none.’

“According to Mr. Chamroenrith, the third party liability insurance is a service that guarantees payments only for accidents that might happen during the construction, but it does not guarantee the quality or the durability of buildings.’

“He continued to say that for the insurance of building durability, many studies have to be made and conditions have to be fulfilled.

“While local insurance companies claimed that high rise buildings being constructed do not have insurance for the durability of the building, they said that those big constructions companies might have insurance service contracts with companies abroad.

“Mr. Chamroenrith added that in general, the construction of such high rise building is not conducted without proper thinking about the quality. Most conditions have to be met to have insurance, even during the stage of the construction. But what he is concerned about is the quality of buildings constructed by private developers.

“Though those high rise buildings may already have insurance, the above mentioned anonymous person suggested that the construction companies should pay for insurance from local companies.

“He added, ‘The construction is conducted in Cambodia, while the insurance is bought from foreign countries. This can be risky.’

“He went on to say that to promote the local insurance sector, all construction companies should contract such services from local insurance companies.” Rasmei Kampuchea, Vol.17, #5023, 17.10.2009

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Newspapers Appearing on the Newsstand:
Saturday, 17 October 2009

Deum Ampil, Vol.3, #313, 17.10.2009

  • The Chinese Prime Minister Promised to Jointly Address the Economic Crisis, Cooperating with Cambodia
  • Husband and Wife, Both Teachers, Detained Girls for Torture [they were arrested – Phnom Penh]

Kampuchea Thmey, Vol.8, #2074, 17.10.2009

  • [The president of the National Assembly] Samdech Heng Samrin Will Lead a Senior Delegation of the National Assembly to Russia in Early November 2009
  • The [Vietnamese] Branch Director of Cambodia Angkor Air Was Chased and Shot by [two] Gunmen in Front of His House [fortunately, he was not hit; the perpetrators escaped – Phnom Penh]

Khmer Machas Srok, Vol.3, #511, 17.10.2009

  • Civil Society [the Cambodian Defenders’ Project] Wants to See that the Government Publishes the Contents of Law as Broadly as It Does at the National Assembly [after laws have been adopted and published in the Official Gazette which is not broadly distributed, the citizens and the law enforcement agents who have to implement the law need to be informed to avoid any wrong implementation of the law]

Note:

A description of related considerations can be found in the following article published on 30 January 2006 by the Journal of Information, Law and Technology:

Access to Legal Information in Cambodia: Initial Steps, Future Possibilities

Though Article 13 of the Law on the Organization and Functioning of the Council of Ministers (1994) provides that “all norms and standards with general effect must be published in the Official Gazette,” the publication of Cambodian laws is intermittent, incomplete and poorly distributed. This problem is compounded by the fact that the 1993 Constitution expressly saves laws which were made under previous regimes, arguably including laws from the pre-Khmer Rouge period. For these reasons there is no definitive collection of Cambodian laws currently in force…

Next Steps

On the basis of the Cambodian specific experience … there is an argument that the publication and distribution of law in electronic form is an appropriate tool to address the question of access to information in a legal system which has operated without adequate access to even the most basic legal information.

Though there are issues to consider with regard to the development of a legal information system which will work in the Cambodian context, the country would appear to be at a juncture whereby there is sufficient political will to commence a dialogue with government, academia and civil society with a view to developing a model for the sustainable provision of legal information via the internet. Ideally, any movements in this direction would be accompanied by a regulation requiring all institutions of state to provide certain identified classes of documents for free electronic distribution…

Thus in Cambodia, as elsewhere in the world, we should anticipate that the development of the rule of law will be dependent not only on information sharing, but on the establishment of networks of people who are determined to use that information to promote a legal system which is independent, predicable and just.

Koh Santepheap, Vol.42, #6781, 17-18.10.2009

  • The Ministry of Interior Announced Results: 8,500 Gangsters Were Intercepted [from 13 July to 13 October 2009 – arrests, some sent to the courts, some handed over to their parents or to social or rehabilitation centers]; Traffic Accidents in 2008 Wasted US$308 Million
  • In 2010 Khmer and Thai People Can Cross the Border without Applying for Visas [according to ASEAN and bilateral agreements]
  • The Cuban Ambassador to Cambodia Announced that the Cuban Government Demands that the United States of America Withdraw Their Economic [commercial, financial, and taxation] Sanction [against Cuba]

Rasmei Kampuchea, Vol.17, #5023, 17.10.2009

  • Cambodia Has No Insurance for the Durability of Buildings
  • [The Chinese Prime Minister] Mr. Wen Jiabao [温家宝 – Pinyin: Wēn Jiābǎo] Told Samdech Euv [former King] that China Will Continue Its Cooperation with Cambodia
  • Typhoon Ketsana Killed 35 People and Destroyed Property Worth Approximately US$41 Million [according to the assessment of the National Committee for Disaster Management
  • Court Released Four Chinese Men on Bail [they assaulted and injured two police seriously in Kampot]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend us also to your colleagues and friends.

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The Ministry of Economy and the Ministry of Post and Telecommunications Are Seeking Solutions in the Mobile Phone Business Conflict – Friday, 16.10.2009

Posted on 18 October 2009. Filed under: Week 634 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 634

“Mobile phone businesses in Cambodia, working under unclear regulations, seem to encounter unexpectedly a stormy and disorderly time. For the morning of 16 October 2009, the Minister of Post and Telecommunications plans to organize a special meeting with representatives of mobile phone companies to intervene in the existing conflict, but it is expected that proper results cannot be found from just one coordination meeting.

“Mobile phone service providers said that the circular of the Ministry of Economy and Finance, administered by Minister Keat Chhon, from 29 September 2009, says to require all mobile phone companies to pay taxes for all types of calls by their clients [calls-in and calls-out]. But it is said that tax officials do not join now to work on taxes, which must always be settled at the end of every year.

“Mobile phone service providers note that the circular of Mr. Keat Chhon seems to bring a new restriction for mobile phone companies, as calls within the same system, which at some companies cost zero cents, will have to change soon. The free calls within the Beeline and the Smart Mobile systems will no longer be allowed to continue, while the Ministry of Economy starts to collect taxes from these call by their clients.

“It is noted that the initiative for a clear set of taxes on call led to this intervention, requiring all mobile phone companies to limit all call to be cost charged, in order to eliminate dishonest competition at the market, for which the Beeline company had been accused by the Mobitel company.

“The Ministry of Economy and Finance and the Ministry of Post and Telecommunications agreed to issue a license for a data management center to control the data of telecommunication and of information technology services, based on Decree 135, dated 15 September 2008. Through the plan to create a center to control data of telecommunication and information technology services, the government, represented by the Ministry of Post and Telecommunication, will cooperate with the private data management center as stated in the cooperation deal.

“This center for the control of data of telecommunication and of information technology services will be responsible for:

  1. Directly control all data of telecommunication and information technology services, and update them, based on the advance of technology in this sector;
  2. Control and monitor all activities of the center;
  3. Regularly report about the traffic and the figures of income, in order to facilitate the calculation of taxes, and the distribution of income between the state. and the telecommunication and information technology service providers and operators, who are partners;
  4. Provide accurate data for income forecasts, to analyze the economic potential, and for development projects in telecommunication and information technology.
  5. Broaden and control the inter-network connections, in order to ensure calls between different system to work smoothly to avoid traffic congestion between all operating networks;
  6. Support small operators to operate through the opening of special networks outside of the system;
  7. Disconnect illegal traffic exchanges, following the authorities’ orders and the telecommunication regulations;
  8. Regularly review the system at set times for all operating networks.

“Some mobile phone operators are not satisfied with this, because probably the Ministry of Post and Telecommunication lacks the capital and the technicians, and therefore will cooperate with private companies to control telecommunication and information technology services, leading to conflicts of interest among mobile phone companies. Actually, the state already has the a structure within Post and Telecommunications that can control telecommunication data, and it is not necessary to cooperate with a private data management center, a private company.

“Also the circular that restricts certain system call of the clients, according to mobile phone service providers, will create work for the private data management center and encourage this company to begin collecting call taxes. This might ease the tax collection of the Ministry of Economy, but it leads to conflicts of interest, as the state does not have the ability to work on this by itself, but offers this opportunity to a private company to easily take benefits.

“[The Minister for Post and Telecommunications] Mr. So Khun had tried to intervene to solve the conflicts between mobile phone companies which are competing with each other dishonestly, including the fact that some stopped to connect inter-system traffic, but it seemed to create problems between mobile phone businesspeople in Cambodia. These might be the result of uncertain laws and regulations for the operation of mobile phone businesses in Cambodia.

“There is one proper solution to end the conflicts among mobile phone operators, that is the suggestion to the government, especially to Prime Ministry Hun Sen, to cancel the license for a data management cente with full rights to control the telecommunication and the information technology data in Cambodia, and to encourage the state to administer this itself, because by doing so, at least some of the profits do not fall into the hands of a private company.” Khmer Amatak, Vol.10, #661, 16.10.2009

Newspapers Appearing on the Newsstand:
Friday, 16 October 2009

Deum Ampil, Vol.3, #312, 16.10.2009

  • Gold Sellers and Currency Exchangers Were Robed Again, Taking Away More Than US$50,000 [Phnom Penh]
  • Cotton Will Have Markets Again after There Is Investment for Export to International Markets
  • There Are Positive Signs of Recovering at Micro-Finance Institutions [Sthapana Limited, Amarith, and Prasak micro-credit-institutions claim that they are again giving out more loans]
  • Cambodia Asked for Financial Support from the United Arab Emirates to Develop Some Projects [in infrastructure and agriculture – no information stated if these were requests for loans or for grants]

Kampuchea Thmey, Vol.8, #2073, 16.10.2009

  • Cambodia Might Not Bring the Border Dispute to the ASEAN Summit [after the Thai Minister of Foreign Affairs sent an official response, to deny the intention to create a neutral unit in ASEAN to solve border disputes, to the Ministry of Foreign Affairs and International Cooperation of Cambodia – according to the spokesperson of the Ministry of Foreign Affairs, Mr. Koy Kuong]
  • Three Chinese Men Were Arrested for Questioning after Assaulting and Injuring Two Police Seriously [Kampot]

Khmer Amatak, Vol.10, #661, 16.10.2009

  • The Ministry of Economy and the Ministry of Post and Telecommunications Are Seeking Solutions in the Mobile Phone Business Conflict
  • Russia Will Intensify Cultural Ties with Cambodia to Open a New Historical Page [by showing Russian films about the victory of Russia in World War II, from 20 to 24 October 2009, at the Russian Center of Science and Culture along the Norodom Boulevard in Phnom Penh; and Cambodia and Russia will cooperate in film production in 2010]

Khmer Machas Srok, Vol.3, #510, 16.10.2009

  • Within the Last Four Months More Than 400 Trucks Loaded Wood from Ratanakiri to Carry to Yuon [Vietnam – according to a Ratanakiri official who reported it anonymously]

Koh Santepheap, Vol.42, #6780, 16.10.2009

  • Houses [of 28 families] Constructed on a Pedestrian Area at the Roundabout of the Chroy Chongva Bridge Were Removed [and destroyed, to widen the road – Phnom Penh]
  • [The head of the Directorate of Cinema and Cultural Diffusion of the Ministry of Culture and Fine Arts] Mr. Sin Chanchhaya [son of the well-known signer Sin Sisamut]: The Reason Why Khmer Films Cannot Progress, Is that Film Productions Are Made by Non-Professional People
  • Because of Losing Riel 60,000 [approx. US$15], a Cruel Man Got Angry with His Wife and Hit Her to Death [he was arrested – Kratie]

Rasmei Kampuchea, Vol.17, #5022, 16.10.2009

  • [Sam Rainsy Party Parliamentarian] Mu Sochua Decided to End the [defamation] Case against the Prime Minister [saying that she will not appeal to the Supreme Court]
  • Queensland Police [of Australia] Donates [five] Speed Checking Devices and [thirty] Alcohol Checking Devices to the Cambodian Police

Sereypheap Thmey, Vol.17, #1809, 16-18.10.2009

  • The Opposition Parties and a Civil Society Organization [the Cambodian Human Rights and Development Association – ADHOC] Said that if a New Demonstration Law [limiting the number of people to less than 200 to assemble at a public place with permission from the authorities, to be applied for at least 12 hours before] Is Not Corrected, It Would Be Just a Tool to Cheat about the Implementation of Democracy in Cambodia

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend us also to your colleagues and friends.

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