The Assembly

The Assembly

The Assembly

The Assembly

The constitution and laws of Cambodia

Chapter VII

The Assembly

Article 76-
  • The assembly consists of at least 120 members.
  • The deputies shall be elected by a free, universal , equal, direct and secret ballot. The deputies may be re-elected
  • Khmer citizens able to stand for election shall be the Khmer citizens of either sex who have the right to vote, at least 25 years of age, and who have Khmer nationalities at birth
  • Preparation for the election, procedure and electoral process shall be determined by an Electoral Law.
Article 77-
  • The deputies of the Assembly shall represent the entire Khmer people, not only Khmers from their constituencies.
  • Any imperative mandate shall be nullified.
Article 78-
  • The legislative term of the Assembly shall be 5 years and terminates on the day when the new assembly convenes.
  • The assembly shall not be dissolved before the end of its term except when the Royal government is twice deposed within a period of twelve months. In this case, following a proposal from the Prime Minister and the approval of t he Assembly President, the King shall dissolve the Assembly.
  • The election of a new assembly shall be held no later than 60 days from the date of dissolution. During this period, the Royal government shall only be empowered to conduct routine business.
  • In times of war or other special circumstances an election cannot be held, the Assembly may extend its term for one year at a time, upon the request of the King.
  • Such an extension shall require at least a two- third vote of the entire assembly.
Article 79-
  • The assembly mandate shall be incompatible with the holding of any active public function and of any membership in other institutions provided for in the constitution, except when the assembly member(s) is (are) required to serve in the Royal Government.
  • In these circumstances, the said Assembly members shall retain the usual assembly membership but shall not hold any position in the Permanent Standing Committee and in other assembly commissions.
Article 80-
  • The deputies shall have parliamentary.
  • No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties.
  • The decision made by the Standing Committee of the assembly shall be made only with the permission of the assembly or by the Standing Committee of the Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the assembly or to the Standing Committee for decision.
  • The decision made by the Standing Committee of the assembly shall be submitted to the assembly at its next session for approval by a 2/3 majority vote of the assembly members.
  • In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the Assembly members.
Article 81-
  • The assembly shall have the autonomous budget to conduct its function.
  • The deputies shall receive a remuneration.
Article 82-
  • The assembly shall hold its first session no later than sixty days after the election upon notice by the King.
  • Before taking office, the assembly shall decide on the validity of each member's mandate and vote separately to choose a President, Vice- Presidents and members of each Commission by a 2/3 majority vote
  • All assembly members must take the oath before taking office according to the text contained in Annex 5.
Article 83-
  • The assembly shall hold its ordinary sessions twice a year.
  • Each session shall last at least 3 months. If there is a proposal from the King or the Prime Minister, or at least 1/3 of the assembly members, the Assembly Standing Committee shall call an extraordinary session of the assembly.
  • In this case, the agenda with the conditions of the extraordinary, shall be disseminated to the population as well as the date of the meeting.
Article 84-
  • Between the assembly sessions, the assembly Standing Committee shall manage the work of the assembly.
  • The Permanent Standing Committee of the assembly consists of the President of the Assembly, the Vice- Presidents ,and the presidents of assembly commissions.
Article 85-
  • The assembly sessions shall be held in the royal capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances.
  • Except where so stipulated and unless held at the place and date as stipulated, any meeting of the assembly shall be considered as illegal and void.
Article 86-
  • If the country is in a state of emergency the assembly shall beet every day continuously. The assembly has the right to terminate this state of emergency whenever the situation permits.
  • If the Assembly is not able to meet because of circumstances such as the occupation by foreign forces the declaration of the state of emergency must be automatically extended.
  • During the state of emergency, the assembly shall not be dissolved.
Article 87-
  • The President of the assembly shall chair the assembly sessions, receive draft bills and resolutions adopted by the assembly, ensure the implementation of the Internal Rules of procedure and manage the assembly relations with foreign countries.
  • If the President is unable to perform his/ her duties due to illness or to fulfill the functions of Head of State ad interim or as a Regent, or is on a mission aborad, a Vice- President shall replace him.
  • In case of resignation or death of the President or the Vice- President(s), the Assembly shall elect a new President or Vice- President(s).
Article 88-
  • The assembly sessions shall be held in public.
  • The assembly shall meet in closed session at the request of the President or of at least 1/10 of its members, of the King or of the Prime Minister.
  • The assembly meeting shall be considered as valid provided there is a quorum of 7/10 of all members.
Article 89-
  • Upon the request by at least 1/10 of its members, the assembly shall invite a high ranking official to clarify important special individual
Article 90-
  • The assembly shall be the only organ to hold legislative power, This power shall not be transferable to any other organ or any individual.
  • The assembly shall approve Administrative Accounts.
  • The assembly shall approve the law on amnesty.
  • The assembly shall approve or annul treaties or international conventions.
  • The assembly shall approve law on the declaration of war.
  • The adoption of the above-mentioned clauses shall be decided by a simply majority of the entire assembly membership.
  • The assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all members
Article 91-
  • The deputies and the Prime Minister shall have the right to initiate legislation.
  • The deputies shall have the right to propose any amendments to the laws, but, the proposals shall be unacceptable if they aim at reducing public income or increasing the burden on the people.
Article 92-
  • Laws adopted by the Assembly which run counter to the principles of preserving national independence, sovereignty, administration of the nation shall be annulled. The Constitutional Council is the only organ which shall decide upon this annulment.
Article 93-
  • Any law approved by the Assembly and signed by the King for its promulgation, shall go into effect in Phnom Penh 10 days after signing and throughout the country 20 days after its signing.
  • Laws that are stipulated as urgent shall take effect immediately throughout the country after promulgation.
  • All laws promulgated by the King shall be published in the Journal Official and published throughout the country in accordance with the above schedule.
Article 94-
  • The Assembly shall establish various necessary commissions. The organization and functioning of the assembly shall be determined by the assembly Internal Rules of Procedure.
Article 95-
  • In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement shall be appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law.
Article 96-
  • The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the President of t he assembly.
  • The replies shall be given by one or several ministers depending on the matters to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.
  • The explanations by the ministers or by the Prime Minister shall be given verbally or in witting.
  • The explanations shall be provided within 7 days after the day when the question is received.
  • In case of verbal reply, the President of t he assembly shall decide whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister shall be considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time frame not exceeding one session.
  • The assembly shall establish one day each week for questions and answers. There shall be no vote during any sessions reserved for this purpose.
Article 97-
  • The assembly commissions may invite any minister to clarify certain issue under his/her field of responsibility.
Article 98-
  • The Assembly shall dismiss a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by 2/3 majority of the entire Assembly.
  • The motion of censure shall be proposed to the Assembly by at least 30 assembly members in order for the entire Assembly to decide.

Constitution of Cambodia

Preamble
Chapter I: Sovereignty
Chapter II: The King
Chapter III: The Rights and Obligations Of Khmer Citizens
Chapter IV: On Policy
Chapter V: Economy
Chapter VI: Education, Culture, Social Affairs
Chapter VII: The Assembly
Chapter VIII: The Royal Government
Chapter X: The Constitutional Council
Chapter XI: The Administration
Chapter XII: The National Congress
Chapter XIII: Effects, revision and amendments of the constitution
Chapter XIV: Transitional Provision
Constitution The Assembly 2022


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