Kingdom of Cambodia
Nation Religion King
Ministry of Justice
No: 043. MOJ.BK/25
Proclamation
On
The Organization and Functioning of Bailiff Units at Municipal- Provincial Primary Court
Deputy Prime Minister, Minister of Justice
- Seen Constitution of Kingdom of Cambodia
- Seen Royal Decree No. NS/RKT/0823/1981, issued on 22nd August, 2023, on the Appointment of Royal Government of Kingdom of Cambodia
- Seen Royal Decree No. NS/RKT/0224/205/, issued on 21st February, 2024, on the Additional Appointment of Composition of Royal Government of Kingdom of Cambodia
- Seen Royal Decree No. NS/RKT/0924/1196, issued on 20th September, 2024, on the Amendment and Appointment of Royal Government of Kingdom of Cambodia
- Seen Royal Decree No. NS/RKT/1124/1477, issued on 20th November, 2024, on the Amendment and Additional Appointment of Composition of Royal Government of Kingdom of Cambodia
- Seen Royal Kram No. NS/RKM/0618/012, issued on 28th June, 2018, which promulgated the Law on Organization and Functioning of Cabinets
- Seen Royal Kram No. NS/RKM/0196/04, issued on 24th January, 1996, which promulgated the Law on Establishment of Ministry of Justice
- Seen Royal Kram No. NS/RKM/0706/021, issued on 6th July, 2006, which promulgated the Law on Civil Procedure Code of Kingdom of Cambodia
- Seen Royal Kram No. NS/RKM/0807/024, issued on 10th August, 2007, which promulgated the Law on Criminal Procedure Code of Kingdom of Cambodia
- Seen Sub-decree No. 130 SD.BK, issued on 1st July, 2022 on the Organization and Functioning of Ministry of Justice
- Seen Sub-decree No.21 SD.BK, issued on 4th February, 2016 on the Organization and Functioning of Secretariat for Primary Court Administration
- Seen Proclamation No.30 MOJ.BK/07, issued on 19th July, 2007 on the Officer in Charge of Bailiff Affairs
- According to the necessary requirements of the Ministry of Justice
DECISION
Article 1.-
The Proclamation stipulates on the Establishment, Organization and Functioning of the Bailiff Unit in the Municipal, Provincial Primary Courts.
Article 2.-
A Bailiff Unit has been established in the Municipal, Provincial Primary Courts under the central administration of the Ministry of Justice, with the General Department of Judicial Administration as the Officers to serve as a mechanism to guide and coordinate the implementation of the functions of bailiff officers in accordance with the provisions of the law and applicable legal regulations.
The implementation of the bailiff unit in Municipal, Provincial Primary Courts shall be carried out by proclamation of the Minister of Justice.
The president of Municipal, Provincial Primary Courts shall be responsible for coordinating all administrative tasks of the Bailiff Unit and shall provide the necessary support to ensure the operation of the Bailiff Unit in their respective Primary Courts.
Article 3.-
A Bailiff Unit has the following roles and responsibilities:
- Lead, coordinate and manage bailiff officers and all administrative tasks related to the performance of functions bailiff officers.
- Receive and process applications for compulsory enforcement and applications for protective enforcement in accordance with the provisions of the Civil Procedure Code and other applicable laws
- Coordinate with judges, prosecutors, clerks, forces and relevant authorities in the process of implementing court decisions
- Manage and monitor the transfer operations in accordance with the provisions of the Civil Procedure Code, the Criminal Procedure Code and other applicable laws
- Submit monthly, quarterly, semi-annual, bi-annual and annual activity reports to the Minister of Justice through the President of the Municipal, Provincial Primary Court, where the Bailiff Unit is located
- Perform other duties assigned by the Minister of Justice.
Article 4.-
The Bailiff Unit shall be headed by one (1) President and as many Vice Presidents as necessary. The President and Vice President of the Bailiff Unit shall be appointed by proclamation of the Minister of Justice. The President and Vice President of the Bailiff Unit shall be appointed from among bailiff officers. The President of the Bailiff Unit shall be selected from among bailiff officers with at least five (5) years of work experience.
Article 5.-
The creditor of enforcement or representative shall apply for the enforcement of judgments, orders and court decisions to the Secretariat of Municipal, Provincial Primary Court Administration.
The president of Municipal Provincial Primary Court shall assign the tasks that are the competence of the bailiff to the Bailiff Unit, that is located in his/her Primary Court, to carry out the work in accordance with the provisions of the law and other applicable legal regulations. All enforcement cases filed with the Secretariat of Municipal, Provincial Primary Court Administration shall be promptly processed by the President of the Secretariat and the President of the Primary Court, to allocate cases under the jurisdiction of the bailiff to the Bailiff Unit.
The president of the Bailiff Unit, examines and handles the enforcement applications that are the competence of the bailiff.
Article 6.-
As principle, the allocation of enforcement cases and the order of replacement of Bailiff Officers, in case of emergencies shall be determined in advance each year by a decision of the president of the Bailiff Unit. The enforcement cases are automatically assigned to each bailiff in charge in the order determined. In cases of necessity and to ensure the efficiency of enforcement, enforcement cases may be assigned differently by the president of the Bailiff Unit.
In cases of complex enforcement cases, the president of the Bailiff Unit may assign one or more additional bailiff officers to assist the bailiff officer in charge of the enforcement case at the request of the bailiff officer or on his/her own initiative after consulting with the bailiff officer. In this case, the auxiliary bailiff officers shall work under the direction and coordination of the bailiff officer in charge of the enforcement case.
The withdrawal of a case from a bailiff officer to be handed over to another bailiff officer may be made by the president of the bailiff unit, in the interest of the good course of justice, at the request of the bailiff officer or on his/her own initiative, after consultation with the bailiff officer and the president of the Primary Court.
Article 7.-
The President of the Municipal, Provincial Primary Court and Prosecutor of Prosecution attached to Municipal, Provincial Primary Court must provide the necessary cooperation and support to the Bailiff Unit in the effective performance of the functions of the Bailiff Officer.
The President of the Bailiff Unit has the right to mobilize public forces to participate in and cooperate in the performance of the functions of the Bailiff Officer in accordance with the law in force.
Article 8.-
Any coercive action that may create unrest or chaos that seriously affects social security and public order, the president of the Bailiff Unit shall consult with the president of the Primary Court and the prosecutor of Prosecution attached to Primary Court, as well as relevant competent authorities, and, if necessary, request guidelines in advance from the Minister of Justice.
Article 9.-
Officers who are working in the Bailiff Unit include Bailiff Officers and civil servants of the Court Administration Unit. The Bailiff Unit may have a number of contractual officers or contractual employees as necessary to assist in the work. Civil servants, contractual officers, and contractual employees may be assigned as transfer officers, to help in managing transfer operations and assisting in other tasks.
Article 10.-
In carrying out the transfer, the bailiff is authorized to delegate this function to carry out the transfer operation on its behalf, in accordance with the Civil Procedure Code and the Criminal Procedure Code and relevant regulations in force.
The officer who is delegated this function is called the “Officer in charge of Dispatching”. The officer in charge of dispatching shall be appointed by a decision of the president of the Bailiff Unit, after consultation with the president of the Primary Court, with the approval of the Minister of Justice.
The officer in charge of dispatching may be selected from among civil servants, contractual officers, or contractual employees. The officer in charge of dispatching shall receive the necessary training on the
forms and procedures for implementing the dispatching.
The officer in charge of dispatching shall perform his/her duties under the direct supervision of the president of the Bailiff Unit or the Bailiff Officer as assigned by the president of the Bailiff Unit. The president of the Bailiff Unit or the Bailiff Officer assigned to this task shall be responsible for the implementation of the dispatch task in accordance with the applicable laws and procedures.
The president of the Bailiff Unit shall be responsible to the president of the Primar Court and the prosecutor of the Prosecution attached to Primary Court, on the dispatching task.
Article 11.-
The Bailiff Unit uses the emblem of the Primary Court in the performance of its functions. Bailiff officers have uniforms for the performance of their functions, which shall be determined by a separate proclamation of the Minister of Justice.
The Bailiff Unit has the right to use the seal of the Primary Court, that its located, to perform its work.
Article 12.-
For Primary Courts that do not have a Bailiff Unit yet, must continue to follow Proclamation No. 30 MOJ.BK/07, issued on 19th July, 2007 on Officers in charge of Bailiff Affairs.
Article 13.-
Proclamation No. 062 MOJ.BK/19, issued on 30th January, 2019 on the Procedures for the Performance of the Work of Bailiff Officers of the Ministry of Justice and any regulations that are contrary to this proclamation, shall be null.
Article 14.-
The Chief of Staff, the Secretary-General of the Secretariat-General, the Director-General of the General Department of Judicial Administration, the Director-General of all General Departments, the Secretary-General of the General Department of Judicial Affairs, the Courts and the Prosecution Organizations attached to the Courts at all levels, and the heads of all units under the Ministry of Justice shall be responsible for implementing this proclamation in accordance with their respective duties from the date of signing.
Tuesday 12 Roch, Month of Phalkun, Year of Roung, Chorsak, B.E.2568
Done in Phnom Penh, 25th March, 2025
Deputy Prime Minister,
Minister of Justice
Receiving places: Koeut Rith
- Council of Ministers
- Ministry of Economy and Finance
- Ministry of Public Service
- Office of Samdach Bovor Tepadei, the Prime Minister
- Office of the Deputy Prime Minister
- As per Article 14
- Royal Affairs
- Chronological Documents
