អង្គភាពប្រឆាំងអំពើពុករលួយ​ (អ.ប.ព.)

Article 5: Anti-Corruption Institution

The Anti Corruption Institution is composed of the National Council Against Corruption and the Anti Corruption Unit.
The Anti Corruption Institution has its own logo and stamp for official use which will be determined in a sub-decree.

SECTION 1: NATIONAL COUNCIL AGAINST CORRUPTION

Article 6: Establishment of National Council Against Corruption

The National Council Against Corruption is created to provide guidance and recommendations on anti-corruption work. The National Council Against Corruption is composed of 11 members as follows:

1. One dignitary appointed by HM. the King
2. One dignitary selected by the Senate through absolute majority of votes of the whole Senate
3. One dignitary selected by the National Assembly through absolute majority of votes of
the whole National Assembly
4. One dignitary selected by the Royal Government
5. One dignitary selected by or from the National Audit Authority
6. One dignitary selected by or from the Ministry of National Assembly-Senate Relations and Inspection
7. One dignitary selected by or from the Council of Magistracy, and
8. One dignitary selected by or from the Council for Legal and Judicial Reform
9. One dignitary selected by or from the Supreme Council of Magistracy
10. One dignitary selected by Cambodia Human Rights Committee
11. Chair of Anti-Corruption Unit.
Each member of the National Council Against Corruption must meet the following
requirements:
- Khmer nationality from birth;
- Possessing highest moral conduct and good reputation;
- Never committing a misdemeanor or felony and not declared bankrupt;
- Holding a higher education degree or higher;
- At least 10-years of work experience in society;
- At least 45 years of age.

Article 7: Term of Office, Removal and Replacement

All Members of the National Council Against Corruption shall be appointed by Royal Decree for a five-year term. This term may be renewed.
If a Member of the National Council Against Corruption dies, resigns or is dismissed, or is unable to serve his or her term for any reason for a period of six months or more before the end of the mandate, a new member shall be appointed in his or her replacement.
The position of any member of the National Council Against Corruption shall be automatically terminated upon the decision made by the court that such a member is guilty of a misdemeanor or felony.

In the case as stated above, the Chairman o f the National Council Against Corruption shall convene a meeting to make a decision and take any appropriate measure regarding the termination or removal from his or her position as well as the selection of a new dignitary for replacement in compliance with Article 6 (Establishment of the National Council Against Corruption) of this law.

Article 8: Selection of President and Vice-President
The President and Vice-President of the Council Against Corruption shall be elected by its members through an absolute majority of votes which is made at the first meeting upon the invitation by oldest member. In case the first election fails to come to a result, the next election shall be made using the comparative majority of votes.
Should the President of the National Council Against Corruption is absent or unable to fulfill duties, the Vice-President will take his place.The Chairman of Anti-Corruption Unit cannot stand for the post of President or Vice-President of the National Council Against Corruption.
Article 9: Rank of members of National Council Against Corruption
Members of National Council Against corruption hold the following rank:
- The President holds the rank of Deputy Prime Minister
- The Vice-President holds the rank of Senior Minister
- Members hold the rank of Minister.
Article 10: Duties of National Council Against Corruption
The National Council Against Corruption shall perform duties as follows:
- Develop strategies and policies for fighting corruption
- Provide consultation and recommendations to the Anti-corruption Unit regarding anti-corruption work.
- Oversee the operation of the Anti-corruption Unit
- Ask the Anti-corruption Unit for reports and clarifications
- Report to the Prime Minister on the operations of Anti-corruption Unit
- Report semi-annually and annually to Prime Minister
- Develop and adopt internal regulations for performing its own work.

SECTION 2: ANTI-CORRUPTION UNIT
Article 11: The establishment of the Anti-corruption Unit
The Anti-corruption Unit is established to independently undertake its duties. The Anti-corruption Unit is led by one chairperson with the rank of senior minister, and a number of vice-chairpersons with the rank of minister as his assistants. The chairman and vice-chairman are appointed by the Royal decree at the request of the Prime
Minister. The organization and function of the Anti-corruption Unit is defined by sub-decree.
Article 12: Qualification of the Chairperson and Vice-chairperson of the Anti-corruption Unit.
Chairperson and Vice-chairperson must meet the following requirements:
- Khmer nationality from birth;
- Possessing highest moral conduct and good reputation;
- Never committing no misdemeanor or felony and not declared bankrupt;
- Holding higher education degree or higher;
- At least 7-years of work experience in society;
- At least 35 years of age.
Article 13: Duties of the Anti-corruption Unit
The Anti-corruption Unit shall perform the following duties:
- Implement law, orders and regulations (which are in force) related to corruption.
- Develop anti-corruption action plan in accordance with the strategies and policy of the National Council Against Corruption
- Direct the work of preventing and combating corruption
- Monitor, investigate, check, and do research as well as propose measures related to corrupt practices in ministries, institutions, public and private units, in conformity with the procedures in force
- Receive and review all complaints on corruption and take action accordingly
- Search, review and compile the documents and information related to corruption
- Keep absolute confidentiality of corruption-related information sources
- Take necessary measures to keep the corruption whistle blowers secure
- Manage the system of assets and debt declaration as stipulated in this law
- Conduct mass education and awareness with regard to the negative impact of corruption and encourage public participation in preventing and combating corruption Prepare and propose annual budget for the National Council Against corruption and for Anti-corruption Unit
- Answer verbally or in writing the questions raised by members of National Council Against corruption or members of National Assembly
- Provide work services to National Council Against corruption
- Make appointment, transfer, supervision or propose appointment or transfer of officials under Anti-corruption Unit
- Cooperate with national, regional and international organizations in order to combat cross-border corruption
- Report all activities of Anti-corruption Unit to the National Council Against corruption
- Empowered to warn suspects who initially fail to obey the laws and regulations in force in order to prevent corruption.
Article 14: Officials of the Anti-corruption Unit
The officials of the Anti-corruption Unit include the persons appointed or transferred or assigned to work for the Unit and the contractual officials. These officials have to follow the provisions of the law and legal norms in force.
The Chairperson of the Anti-corruption Unit can recruit local or international experts, specialists or researchers, on the voluntary or contractual basis, to provide technical expertise on anti-corruption.
Article 15: Branches of the Anti-corruption Unit
The Anti-corruption Unit may have its offices in the Capital and all provinces of the Kingdom of Cambodia to serve as its branches. The Offices for Anti-corruption perform their work under the leadership of Chairperson of Anti-corruption Unit. The Office for Anti-corruption is led by one chairperson and a number of vice-chairpersons as his assistants.