The Ministry of Commerce issued a Prakas on Standard Information for Consumers on 31 August 2021, as a contribution to the implementation of Consumer Protection Law which was promulgated in the late 2019. This Prakas consists of 14 articles and sets out the information standard discloser for goods or services in order to guarantee and promote the protection of consumer rights and benefits as well as fair competition. All individuals who conduct their business on goods or services in the Kingdom of Cambodia fall within the scope of this Prakas.
A businessperson must disclose or describe the minimum information of goods or services on the label of the package or description attached to the goods or service package. The information standard may contain types, instruction, price, packing, classification, safety, quantity, origin, function, ingredient, decoration, set up, advertisement or distribution, production and expiration date, production information or information on the supplies of services, and other information set out by the law.
Beside the above information, this Prakas also determine some other requirement for goods, services, and e-commerce.
All goods must attach a description or label on the package which contains clear and sufficient information for consumer usage and consideration. The information must be in Khmer reader-friendly and understandable. The producer, supplier, distributor, and retailer must guarantee that it offers the same product as advertised. In case the product is defect, it is the burden of the producer, supplier, distributor, and retailer concerning the responsibility under the law related to consumer protection in addition the responsibility set forth in civil and criminal law. The consumer has the rights to demand compensation either the replacement of goods, or refund if the product is defect. Moreover, the information concerning the warranty shall also be disclosed for the consumer especially regarding the condition, scope, duration and so on. On the other hand, the above warranty shall be waived if the producer, supplier, distributor, and retailer has publicly declared in all form in advanced regarding the non-warranty.
To fulfill Standard Information for Service, service providers must implement: (1) The warranty terms must be in an understandable language; (2) The sort of service provided, such as accommodation, leisure and entertainment, cure and care, as well as public and private parking lots; (3) The fee to be paid by the consumers based on their choice of services. The aforementioned requirements do not extend to service providers in the field of public accounting, auditing, architecture, engineering, lawyering, and notarial.
The Standard Information for E-commerce shall mean that the minimum information provided to customers or consumers which relates to the purchase, sale, rental, trade of goods or services, and any conduct of business and transition through the electronic system.
The Standard information for E-Commerce in Kingdom of Cambodia is set out as follows: (1) Details of owner’s or company’s name, address, contact details such as email and phone number; (2) Communication means for both consumers and suppliers; (3) The terms, conditions, and pricing of goods or services, along with payment options, order cancellation or withdrawal, cessation, delivery and exchange of materials, and refund; and (4) Clear offer of goods and services.
The information must be precise, clear, and easy to comprehend in order to assist the consumers in decision-making. However, this information does not apply to such security sectors and warranties.
This Prakas shall abrogate all contradict regulations in Cambodia. All the standard information set forth by other relevant authorities shall also be complied. The Ministry of Commerce has the authority to issue a Prakas in the area that the standard information is not set by the relevant authority. Individuals who fail to comply with the standard information shall be fined based on article 48 and 49 of the Law on Consumer Protection regardless of criminal responsibility.
Mr. HOUN Vannak
Managing Partner
RHTLaw Cambodia
M +(855) 12 737 123
T +(855) 23 886 616
E vannak.houn@rhtlawcambodia.com
Mr. SAT Sokvisal
Associate
RHTLaw Cambodia
M +(855) 60 333 161
T +(855) 23 886 616
E sat.sokvisal@rhtlawcambodia.com