The Ministry of Commerce (“MOC”) has issued Prakas 290 on Granting of Permit or License for E-Commerce dated 09 October 2020 (“Prakas 290”). Prakas 290 determines the procedure and required documents for granting, renewing, updating and modifying information relating to the permit or license for e-commerce.
E-Commerce Permit
Physical persons and sole proprietorships operating an e-commerce business are required to obtain an e-commerce permit from the MOC. However, the following e-commerce activities are exempted from the e-commerce permit requirement:
(1) commercial marketing of goods or services that is not an offer for creating a contract;
(2) booking services that do not require a deposit or payment by customers or consumers;
(3) sales of goods or services with a turnover below the turnover of a small tax payer;
(4) sales of goods or services through family owned or seasonal businesses;
(5) sales of goods or services that is the works of the artist purely created by himself/herself;
(6) private tutoring; and
(7) education on the State’s religion.
In addition, the following entities are also exempted from the requirement of an e-commerce permit:
(1) non-profit associations providing education; or
(2) public institutions providing public services.
An e-commerce permit is valid for two (02) years.
E-Commerce License
Legal persons and branches of foreign companies are required to obtain an e-commerce license from the MOC by submitting the following documents:
(1) certificate of incorporation having e-commerce as a business objective;
(2) certificate of patent tax;
(3) certificate of online service and domain name from the Ministry of Posts and Telecommunications;
(4) documents relating to methods of payment by the payment service providers approved by the National Bank of Cambodia;
(5) business model and consumer protection policy for e-commerce;
(6) a sample agreement between an intermediary and e-commerce service provider on the minimum information requirement (for intermediary); and
(7) a completed application form for e-commerce license.
An e-commerce license is valid for three (03) years.
Renewal of E-Commerce License or Permit
Any request for renewal of an e-commerce license or permit must be submitted to the MOC at least thirty (30) days prior to the expiration date. Any failure to meet the deadline for renewal will render the e-commerce license or permit expired. In such case, an application form for a new e-commerce license or permit will have to be submitted to the MOC for the issuance of a new e-commerce license or permit.
Modification of Information Relating to E-Commerce License or Permit
Any modification of information or document relating to an e-commerce license or permit is required to submit a request within fifteen (15) days following such modification in order to change the e-commerce license or permit. Such request requires a completed application form that includes the following documents:
(1) name and address of the business, enterprise or company;
(2) business objective or business model;
(3) certificate of online service and domain name;
(4) a sample agreement between an intermediary and e-commerce service provider; and
(5) electronic communication methods with customers.
Furthermore, any change other than (1) to (5) above requires submission of updated information to the MOC within fifteen (15) days following such change.
Suspension or Termination of E-Commerce Activities
Upon obtaining an e-commerce license or permit, any suspension or termination of e-commerce activities is required to submit an application form for suspension or termination of e-commerce activities to the MOC.