Legal and Tax Updates

Issue: No.031P/21–21 October 2021

On this 16 October, 2021, the Ministry of Health recently issued a Notification on Travel Conditions, Implementation of Health Measures and Quarantine in Cambodia for Travelers Entering into Cambodia (the “Notification No.453”). According to this Notification No.453, travelers are classified into 5 (five) categories as follow:

1. Government guests and senior government officials return from oversea after the completion of their mission;
2. Travelers who are civil servants returning from oversea after the completion of their mission, and their family members;
3. Ambassadors and official execute the official corporation project and their family members, who hold Visa A and Visa B;
4. Travelers who are investors, technicians and their family members; and
5. General travelers who either hold Cambodia passport or foreigner passport.

Fore travelers who are investors, technicians and their family members, the process and requirement for entering in to the Kingdom is as following:

Before traveling to the country:

• Quarantine measure. Apply the 3-day Quarantine measure in case of being fully inoculated or 14-day quarantine in case of no inoculation or incomplete inoculation.
• Work Permit. In case the traveler is a company staff, a work permit is required. Work permit can be obtained via fwcms.mlvt.gov.kh/ before applying for guarantee permit or invitation permit.
• If Cambodian Visa is required, traveler shall apply for valid visa in accordance with
  the immigration law from Cambodian Embassy or Consulate. The visa application shall be applied before arriving in Cambodia. Traveler who is not required to apply for visa, is allowed to enter Cambodia without visa application.
• Certificate on Guarantee or Invitation. One of this Certificate, which can be obtained from registrationservices.gov.kh, shall be done before arriving in Cambodia. The processing time is 3 working days.
• COVID-19 Negative Certificate within validity 72 hours before arriving Cambodia recognized by health authority of the country concerned.
• COVID-19 vaccination card or certificate certified the full vaccination, type of vaccine, date of the vaccination.
• Hotel booking document for quarantine in any hotel of the following hotels:
  • Sokha Phnom Penh Residence;
  • Courtyard by Marriott;
  • Raffles Hotel Le Royal;
  • Sofitel Phnom Penh Phokeethra; and

In case there is no booking, traveler shall prepare USD 600 in cash to deposit at the
check point of Cambodia for all expenses related to quarantine during the quarantine in Cambodia.

• Health Insurance Certificate for COVID-19 (COVID-19 Health Insurance Policy) which can be bought via forteinsurance.com/COVID-19-insurance.

After arriving in the country:

• Upon arrival at the check points of Cambodia, all the above documents
  shall be shown to competent authority.The traveler will be health checked and get sample tested by health officials before being transferred to hotel or quarantine location. Travelers shall wait for test results hotel or quarantine location:
  • In case the PCR test result is COVID-19 positive, travelers will be transferred to
    the treatment center designated by the Ministry of Health;
  • In case the PCR test result is COVID-19 negative, travelers will be completedthe quarantine on the 3rd day.

In case of necessity that the above travelers are not able to complete
the full quarantine, the guarantor or the invitee shall submit a request application to the
Sub-Committee II in advance to request special principles for short-term quarantine.

Disclaimer

The article is merely for general information purposes. It does not constitute a legal advice on the subject matter. If you have any question or need any assistance, please feel free to contact us:

	SON Sokeng, Partner, Managing Director sokeng.son@sithisak-lawoffice.com +855 12 885 870	He has more than 8 years of professional experiences in corporate, commercial, investment and capital market sector in Cambodia. He has leaded a legal counsel team to advise and assist ACLEDA Bank Plc. in the process of listing on the Cambodia Securities Exchange (CSX). He has been a team member of a legal counsel team to advise and assist in the IPO process of Phnom Penh Autonomous Port (PPAP). He is currently leading a legal counsel to advise and assist in an IPO of a SME for its proposed listing on the growth board of the CSX.
	NOEUM Sokvichhai, Partner, Head of Corporate, Commercial and Investment Practice Group sokvichhai.noeum@sithisak-lawoffice.com +855 12 826 785	Atty. Sokvichhai has more than 6 years of experiences in labour, corporate, commercial and investment advisory in Cambodia. He actively advices and assists various businesses in commercial, tax, and labour registration, business licensing, products registration & distribution, business recapitalization & restructuring, and mergers & acquisitions transaction. He also has particular experiences in advising collective investment fund and trust business, investment incentives & qualified investment project, and labour & employment related issues. Besides extensive compliance knowledge and experiences, he also assists major business in preparing and reviewing various commercial agreements, including but not limited to loan and security documents, join venture, partnership & shareholder agreements, franchise & distribution agreements, service & supply agreements, note subscription, pledge and guarantee agreements and other commercial contracts. Currently, Sokvichhai is also leading Sithisak’s Investigation Team to investigate any labour related misconduct within client’s company.

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