The Assembly

Chapter VII The Assembly

Article 76: Election

1. The Assembly consists of at least 120 members.

2. The deputies are elected by free, universal, equal, direct and secret ballot. The deputies may be re-elected.

3. Khmer citizens able to stand for election are the Khmer citizens of either sex who have the right to vote, at least 25 years of age, and who have Khmer nationalities at birth.

4. Preparation for the election, procedure, and electoral process shall be determined by an Electoral Law.

Article 77: Representation

1. The deputies of the Assembly represent the entire Khmer people, not only Khmers from their constituencies.

2. Any imperative mandate is nullified.

Article 78: Term, Re-Election

1. The legislative term of the Assembly is five years and terminates on the day when the new assembly convenes.

2. The assembly may not be dissolved before the end of its term except when the Royal government is twice deposed within a period of twelve months. In this case, following a proposal from the Prime Minister and the approval of the Assembly President, the King dissolves the Assembly.

3. The election of a new assembly has to be held no later than 60 days from the date of dissolution. During this period, the Royal government shall only be empowered to conduct routine business.

4. In times of war or other special circumstances an election cannot be held, the Assembly may extend its term for one year at a time, upon the request of the King.

5. Such an extension requires at least a two-third vote of the entire assembly.

Article 79: Incompatibility

1. The assembly mandate is incompatible with the holding of any active public function and of any membership in other institutions provided for in the constitution, except when the assembly member(s) is (are) required to serve in the Royal Government.

2. In these circumstances, the said Assembly members retain the usual assembly membership but do not hold any position in the Permanent Standing Committee and in other assembly commissions.

Article 80: Immunity, Indemnity

1. The deputies shall have parliamentary immunity.

2. No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties.

3. The decision made by the Standing Committee of the assembly is made only with the permission of the assembly or by the Standing Committee of the Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority immediately reports to the assembly or to the Standing Committee for decision.

4. The decision made by the Standing Committee of the assembly is submitted to the assembly at its next session for approval by a two-third majority vote of the assembly members.

5. In any case, detention or prosecution of a deputy is suspended by a 3/4 majority vote of the Assembly members.

Article 81: Remuneration
1. The assembly has the autonomous budget to conduct its function. 2. The deputies receive a remuneration.

Article 82: First Session

1. The assembly holds its first session no later than sixty days after the election upon notice by the King.

2. Before taking office, the assembly decides on the validity of each member's mandate and votes separately to choose a President, Vice-Presidents and members of each Commission by a two-third majority vote.

3. All assembly members must take the oath before taking office according to the text contained in Annex 5.

Article 83: Sessions

1. The assembly holds its ordinary sessions twice a year.

2. Each session lasts at least 3 months. If there is a proposal from the King or the Prime Minister, or at least 1/3 of the assembly members, the Assembly Standing Committee calls an extraordinary session of the assembly.

3. In this case, the agenda with the conditions of the extraordinary, is to be disseminated to the population as well as the date of the meeting.

Article 84: Permanent Standing Committee

1. Between the assembly sessions, the assembly's Permanent Standing Committee manages the work of the assembly.

2. The Permanent Standing Committee of the assembly consists of the President of the Assembly, the Vice-Presidents, and the presidents of assembly commissions.

Article 85: Location

1. The assembly sessions are to be held in the royal capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances.

2. Except where so stipulated and unless held at the place and date as stipulated, any meeting of the assembly is considered as illegal and void.

Article 86 : Emergency Meeting

1. If the country is in a state of emergency, the assembly meets every day continuously. The assembly has the right to terminate this state of emergency whenever the situation permits.

2. If the Assembly is not able to meet because of circumstances such as the occupation by foreign forces the declaration of the state of emergency must be automatically extended.

3. During the state of emergency, the assembly cannot be dissolved.

Article 87: Presidents of the Assembly

1. The President of the assembly chairs the assembly sessions, receives draft bills and resolutions adopted by the assembly, ensures the implementation of the Internal Rules of procedure, and manages the assembly relations with foreign countries.

2. If the President is unable to perform his of her duties due to illness or to fulfill the functions of Head of State ad interim or as a Regent, or is on a mission aborad, a Vice-President replaces him.

3. In case of resignation or death of the President or the Vice-President(s), the Assembly elects a new President or Vice-President(s).

Article 88: Publicity, Quorum

1. The assembly sessions are held in public.

2. The assembly meets in closed session at the request of the President or of at least 1/10 of its members, of the King or of the Prime Minister.

3. The assembly meeting is considered as valid provided there is a quorum of 7/10 of all members.

Article 89: Officials in Parliament

Upon the request by at least 1/10 of its members, the assembly invites a high ranking official to clarify important special issues.

Article 90: Functions of the Assembly

1. The assembly is the only organ to hold legislative power. This power is not transferable to any other organ or any individual.

2. The assembly approves Administrative Accounts.

3. The assembly approves the law on amnesty.

4. The assembly approves or annuls treaties or international conventions.

5. The assembly approves the law on the declaration of war.

6. The adoption of the above-mentioned clauses is decided by a simply majority of the entire assembly membership.

7. The assembly passes a vote of confidence in the Royal Government by a two-thirds majority of all members.

Article 91: Initiative

1. The deputies and the Prime Minister have the right to initiate legislation.

2. The deputies have the right to propose any amendments to the laws, but, the proposals is unacceptable if they aim at reducing public income or increasing the burden on the people.

Article 92: Annulment of Laws

Laws adopted by the Assembly which run counter to the principles of preserving national independence, sovereignty, or administration of the nation shall be annulled. The Constitutional Council is the only organ which decides upon this annulment.

Article 93: Promulgation

1. Any law approved by the Assembly and signed by the King for its promulgation, goes into effect in Phnom Penh 10 days after signing and throughout the country 20 days after its signing.

2. Laws that are stipulated as urgent take effect immediately throughout the country after promulgation.

3. All laws promulgated by the King must be published in the Journal Official and published throughout the country in accordance with the above schedule.

Article 94: Commissions, Internal Rules of Procedure

The Assembly establishes various necessary commissions. The organization and functioning of the assembly is determined by the assembly Internal Rules of Procedure.

Article 95: Replacement of Members

In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement is appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law.

Article 96: Motion Against the Government, Questions

1. The deputies have the right to put a motion against the Royal Government. The motion must be submitted in writing through the President of the assembly.

2. The replies shall be given by one or several ministers depending on the matters to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.

3. The explanations by the ministers or by the Prime Minister are given verbally or in writing.

4. The explanations must be provided within 7 days after the day when the question is received.

5. In case of verbal reply, the President of the assembly decides whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister is considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time frame not exceeding one session.

6. The assembly establishes one day each week for questions and answers. There shall be no vote during any sessions reserved for this purpose.

Article 97: Ministers in Parliament

The assembly commissions may invite any minister to clarify certain issue under his of her field of responsibility.

Article 98: Motion of Censure

1. The Assembly dismisses a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by a two-third majority of the entire Assembly.

2. The motion of censure must be proposed to the Assembly by at least 30 assembly members in order for the entire Assembly to decide.