Legal Analysis Report on the Draft Law of Public Procurement

API And TIC Disseminate Findings from Draft Law of Public Procurement

Phnom Penh: On 27 December 2022 Advocacy and Policy Institute (API) and Transparency International of Cambodia (TIC), together with the law firm release the findings from the assessment report on Public Procurement Legal Framework in Cambodia; the report which highlights issues found in the draft law 2022 version and recommendations made by the legal experts from Sethalay Law Office.

The latest 2022 version of the public procurement draft law made from the effort of royal government of Cambodia aims at prescribing the rules, methodology, the structure and procedure for governing and implementing public procurement activities and to ensure the procurement of goods, works, services and consulting services be conducted with integrity, transparency, accountability, fairness, sustainability, quality, equity, economy, in a timely manner and to ensure a unified public procurement system in the Kingdom of Cambodia.

However, according to Sethalay Law Office, who have reviewed the entire draft law, found out that the draft has lack of full transparency, good management, accountability and integrity, control and monitoring, right to redress, and public participation.

The firm has made a list of recommendations in response the issues in the draft law to input the government, especially Ministry of Economy and Finance (MoEF) to take consideration on the recommendations so that citizens benefit from enhanced efficient and effective public resource management through strengthened public procurement practices.

“API and TIC strongly encourage the government, especially Ministry of Economy and Finance who is working on the draft law public procurement consider on the issues the researchers have scientifically found in the research and incorporate the recommendations for the improvement of the draft.” said Mr. Lam Socheat, Director of API at the conclusion of the workshop.

Transparency International Cambodia (TIC) and API have been leading actors in these efforts for more than a decade. Except for small-scale initiatives at the local level, public procurement has not been addressed by civil society actors to date. the current draft law on public procurement is in the process, the API and TI have already analyzed and made comments on it and sent it to the gov't.

Please find the summary assessment report on Public Procurement draft law in Khmer and the full report in English and slide pressentation in Khmer and English.