The Royal Government

Chapter VIII The Royal Government

Article 99: Council of Ministers, Ministers

1. The Council of Ministers is the Royal Government of Cambodia.

2. The Council of Ministers is led by one Prime Minister assisted by Deputy Prime Ministers, and by State Ministers, Ministers, and State Secretaries as members.

Article 100: Establishing Government

1. At the recommendation of the President and with the agreement of both Vice-Presidents of the Assembly, the King designates a dignitary from among the representatives of the winning party to form the Royal Government. This designated dignitary forms a government out of members of the Assembly or members of the political parties represented in the Assembly.

2. After the Assembly has given its vote of confidence, the King issues a Royal decree appointing the entire Council of Ministers.

3. Before taking office, the Council of Ministers takes an oath as stipulated an Annex 6.

Article 101: Incompatibility

The functions of members of the Royal Government are incompatible with professional activities in trade or industry and with the holding of any position in the public service.

Article 102: Responsibility

1. Members of the Royal Government are collectively responsible to the Assembly for the overall policy of the Royal Government.

2. Each member of the Royal Government is individually responsible to the Prime Minster and the Assembly for his or her own conduct.

Article 103: Independence of Government

Members of the Royal Government may not use the orders, written or verbal, of anyone as grounds to exonerate themselves form their responsibility

Article 104: Sessions

1. The Council of Minister meets every week in plenary session or in a working session.

2. The Prime Minister chairs the plenary sessions.

3. The Prime Minister may assign a Deputy Prime Minister to preside over the working sessions.

4. Minutes of the Council of Ministers' meeting are forwarded to the King for His information.

Article 105: Delegation of Powers by Prime Minister

The Prime Minister has the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government.

Article 106: Vacancy, Acting Prime Minister

If the post of Prime Minister is permanently vacant, a new Council of Ministers is appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister is provisionally appointed.

Article 107: Dereliction of Duties

1. Each member of the Royal Government is to be punished for any crimes or misdemeanors that he or she has committed in the course of his or her duty.

2. In such cases, the Assembly shall decide to file charges against him or her.

3. The Assembly decides on such matters through a secret vote by a simple majority thereof.

Article 108: Organizational Law

The organization and functioning of the Council of Ministers is determined by law.