CAMBODIAN BUSINESS LAW LAWS 311

AIM

This course aims to develop knowledge and skills in the understanding of the general legal framework, and specific legal areas, relating to Cambodian corporate and business law for the basic needs in the business transactions.

  • COURSE DESCRIPTION
  • ROLE IN CURRICULUM
  • LEARNING OUTCOMES
  • STUDY PLAN
  • TEACHING METHODS
  • ASSESSMENT AND GRADING
  • TEXTBOOKS AND REFERENCES

COURSE DESCRIPTION

Business Law is divided into ten areas. The syllabus begins with a general overview of the Cambodian legal system, including political institutions and their powers, and the judicial system. That is followed by a rather detailed analysis of laws and regulations specific to the formation, financing, management, and lifecycle of companies, including applicable dispute resolutions.
The syllabus then continues with a look at juristic persons, followed by a substantial presentation of all aspects of contract law, as it applies to companies.
The syllabus also covers labor law, including labor contracts, employee benefits, employment termination, and labor disputes. Also insolvency is another focus of the course.

Credits: 5
Lecture Hours: 75

Self-Study Hours:

  • Reading: 86 (42 hours for lecturer note and 44 hours for relevant laws)
  • Role play    
  • preparation : 18 (Class work, case study )
  • Assignment: 34 (Paragraphs and Essays) 

Total Study Hours: 61 (Research, analysis, writing, conference preparation)
155

Total Study Hours: 230

ROLE IN CURRICULUM

Prerequisites

There is no prerequisite for this course.

 

LEARNING OUTCOMES

The course learning outcomes cover four main areas: the understanding of the basic elements of legal system, the contract formation, the management of companies, and identification of dispute resolutions.

1  Knowledge

Level of Learning PLO CLO Learning Outcome
Understand PK4 CK1 Recognize the legal implications relating to companies in difficulty or in crisis, and apply dispute resolution and insolvency law and principles as appropriate.
Understand PK4 CK2 Identify the essential elements of the legal system as it pertains to corporate and business law, including the main sources of law.
Understand PK4 CK3 Explain legal personality, and legal capacity of companies.
Understand PK4 CK4 Explain the process of company formation, including the steps involved in formation.
Understand PK4 CK5 Describe how companies are managed, administered, and regulated, and recognize and compare types of capital and financing of companies.
Understand PK4 CK6 Explain concepts of property law, land titling and security interests in property.

2  Cognitive Skills

Level of Learning PLO CLO Learning Outcome
Evaluate PC3 CC1 Select appropriate form of contracts under the Civil Code in the context of companies.
Create PC3 CC2 Invent the stories relating to Cambodian Business Law.
Apply PC3 CK3 Apply the appropriate legal rules relating to the Law on Commercial Enterprises, and Investment Law.
Create PC3 CC4 Form employment contract.
Analyse PC3 CC5 Distinguish between the different forms of companies and reasons for such different forms.

3  Communication, Information Technology, and Numerical Skills

Level of Learning PLO CLO Learning Outcome
Analyze PCIT1 CCIT1 Calculate wage, the severance pay, and tax on property.

4   Interpersonal Skills and Responsibilities

Level of Learning PLO CLO Learning Outcome
Apply PIP3 CIP1 Demonstrate an understanding of corporate governance and ethical issues

STUDY PLAN

The course targets the 50 lessons in the study plan below. Each lesson is 1.5 class hours each; there are a total of 75 class hours. The study plan below describes the learning outcome for each lesson, described in terms of what the student should be able to do at the end of the lesson. Readings should be done by students as preparation before the start of each class. Implementation of this study plan may vary somewhat depending on the progress and needs of students.

 No Lesson Learning Outcomes Teaching and Learning Activities, Assessment
1

Introduction to Course of Cambodian Business Law 

  1. Describe the lecturer profile.
  2. Show the vision of CamEd Business School which  relates to Business Law.
  3. Introduce the Basic Cambodian Business.

         ( CK3)

 Students receive course guideline for the whole semester
2

Essential Elements of the Legal System (1)

  1. Describe the types of legal system
  2. Classify main laws and specific laws.
  3. Explain the hierarchy of law.
  4. Describe the effect of law. ( CK3)
 Lecture, discussion Students do assignment in group outside class
3

Essential Elements of the Legal System (2)

  1. Describe the procedures of making law,
  2. Analyze the effectiveness of public power in Cambodia. ( CK3)

 

 Lecture, discussion Students do assignment in group outside class
4

Essential Elements of the Legal System (3)

  1. Describe the procedures of making law.
  2. Analyze the effectiveness of public power in Cambodia.( CK3)
 Lecture, discussion Students do assignment in group outside class
5

Essential Elements of the Legal System (4)

  1. Describe the types of disputes.
  2. Show the way how disputes to be resolved. ( CK3)
   Lecture, discussion, Quiz Students do assignment in group outside class
6

Legal Personality of Company (1)

  1. Explain the meaning of legal personality.
  2. Show the existence of legal personality with regard to fetus.
  3. Explain the meaning of the company.
  4. Explain the legal existence of the company. ( CK3)
 Lecture, discussion, group work, and student presentation. Students do assignment in group outside class
7

Legal Personality of Company (2) 

  1. Show the importance of legal existence of the company.
  2. Describe the types of juristic persons.
  3. List necessary things for company registration criteria. ( CK4,CK5)
   Lecture, discussion, group work and student presentation. Students do assignment in group outside class
8

Legal Personality of Company (3)

  1. Show the possibility of having Cambodian nationality of a company.
  2. Explain the existence of rights and obligations of a company.
  3. Develop a case study with regard to the increase of fund to develop a company. ( CK3,CK4, CC3)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
9

Formation and Constitution of Companies (1)

  1. Show the way to form and register limited and   unlimited liability incorporated associations.
  2. Modify the by-law of a limited and unlimited liability incorporated associations,
  3. Demonstrate the possibility to expel a member of a company.( CK4,CK6)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
10

Formation and Constitution of Companies (2)

  1. Show the way to form and register incorporated foundations.
  2. Describe the supplementation of by-law,
  3. Generate ideas for business debate,
  4. Use reasoning and logical ideas to debate.

         ( CK5,CC2)

 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
11

Contract (1) 

  1. Describe the formation of contract.
  2. Show the effect of offer with acceptance period.
  3. Address the effect of offer with no acceptance period.
  4. Explain the consequence of delayed acceptance. ( CK1)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
12

Contract (2) 

  1. Explain the acceptance with modification of offer.
  2. Show the effect of revocation of offer made to unspecified party.
  3. Show the defective declaration of intention.
  4. Develop examples of mistakes in making a contract. ( CK1)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
13

Contract (3) ( CK4)

  1. Explain the meaning of agency.
  2. Show the impact of agency without authorization.
  3. Explain the effect of loans for consumption. ( CK1)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
14

Contract (4)

  1. Explain the lease contract.
  2. Differentiate between the mandate and agency.
  3. Identify the works contract and employment contract.( CK1)
 Lecture, discussion, group work, student presentation, quiz Students do assignment in group outside class
15

Labor Law (1) 

  1. Describe the scope of the 1997 Labor Law.
  2. Describe the types of workers.
  3. Demonstrate the relevant needs of enterprises or establishment.( CC2)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
16

Labor Law (2) 

  1. Demonstrate the importance of the employment regulation.
  2. Compare the type of employment contracts.
  3. Prepare an employment contract,
  4. Explain the possibility of contract suspension and termination. (CC2)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
17

Labor Law (3) 

  1. Calculate the wage of workers,
  2. Calculate the wage concerning employment contract.( CC2)
 Lecture, discussion, group work and student presentation. Students do assignment in group outside class
18

Labor Law (4) 

  1. Describe Social Security Fund.
  2. Show the way of labor dispute resolution,
  3. Explain the rights to form a trade union. (CC2, CCIT1)
 Lecture, discussion, group work, student presentation, Quiz Students do assignment in group outside class
19

Property (1) 

  1. Explain the concept of ownership.
  2. Show the reason of land privatization.
  3. Describe the institutional reform for land management. (CK8)
 Students do assignment in group out Lecture, discussion, group work, student presentation side class
20

Property (2)

  1. Explain the importance of mortgage.
  2. Describe the process of putting immovable property in mortgage. ( CK8)
 Lecture, discussion, group work, and student presentation. Students do assignment in group outside class
21

Property (3) 

  1. Explain the meaning of antichresis.
  2. Instruct how to put immovable property in antichresis. ( CK8)
 Lecture, discussion, group work & student presentation.
22

Property (4) 

  1. Define the specific types of contracts with regard to transfer of immovable property.
  2. Calculate the stamp duties with regard to transfer of immovable property.( CK8, CCIT1)
 Lecture, discussion, group work and student presentation. Students prepare and rehearse presentation for mock conference by themselves outside class
23

Property (5) 

  1. Describe the application process of construction permits.
  2. Explain the concept of co-ownership.
  3. Demonstrate the management process of co-owned buildings. ( CK8)
 Lecture, discussion, group work and student presentation. Students prepare and rehearse presentation for mock conference
24

Property (6) 

  1. Describe the possible way of running housing development business.
  2. Make a business plan with regard to housing development projects. ( CK8)
 Lecture, discussion, group work and student presentation, Quiz Students prepare and rehearse presentation for mock conference
 

Midterm 

  1. Review all important points already learne
 Students take a midterm exam
 25

Mock conference (1)

  1. Present the research paper.
  2. Respond to the questions in appropriate way.      (All CK, All CC, All CCIT, All CIP)
 Students submit the draft of assignment for mock conference Students present the draft of assignment for feedback
26

Mock conference (2)

  1. Present the research paper.
  2. Respond to the questions in appropriate way.

            (All CK, All CC, All CCIT, All CIP)

 Students present the draft of assignment for feedback
27

Common feedback on assignment

  1. Revise the writing in accordance with the feedback raised.
  2. Resolve the problem when facing.

            (CIP1)

 Students receive the common feedback to develop their assignment Students discuss the case given by the lecturer in the whole class.
28

Law on Commercial Enterprises (1) 

  1. Prepare the registration for the partnership and company.
  2. Identify the name of a company. ( CK1, CK7, CK8)
 Lecture, discussion, group work and student presentation. Students revise assignments outside class. Students’ role play
29

Law on Commercial Enterprises (2) 

  1.  Define the partnership.
  2. Describe the relations between partners.

        ( CK1, CK7)

 Lecture, discussion, group work and student presentation. Students revise assignment outside class.
30

Law on Commercial Enterprises (3)

  1. Describe the characteristics of limited partnership.
  2. Demonstrate the importance of a company.

        ( CK5, CK7)

 Lecture, discussion, group work and student presentation. Students revise assignment outside class.
31

Law on Investment (1) 

  1. Explain the role of the council for the development of Cambodia. (CK6)
 Lecture, discussion, group work and student presentation. Students revise assignment outside class
32

Law on Investment (2) 

  1. Demonstrate the solutions when the investment involves disputes.
  2. Describe the investment activities prohibited by law.
  3. Analyze the impact of investment which does not comply with law.( CK6)
 Lecture, discussion, group work and student presentation. Students revise assignment outside class
33

Law on Investment (3) 

  1. Describe the structure of CDC.
  2. Develop a case for an investment project.         (CK6)
 Lecture, discussion, group work, student role play, Quiz Students revise assignment outside class
34

Status of Companies (1) 

  1. Illustrate the meaning of receiver and receiver manager.
  2. Explain the possibility of calling a general meeting.
  3. Analyze the impact of meetings held by shareholders. ( CK7)
 Lecture, discussion, group work and student presentation. Students revise assignment outside class
35

Status of Companies (2) 

  1. Describe the process of notice of meeting.
  2. Explain the quorum of the meeting.
  3. Analyze the impact of proxy. 
  4. Analyze the impact of merger of companies. (CK6, CK7)
 Lecture, discussion, group work, Quiz and student presentation. Students revise assignment outside class
36

Status of Companies (3) 

  1. Explain the type of trading activities.
  2. Demonstrate the process of legal compliance with regard to business start up. (CK4, CIP1)
 Lecture, discussion, group work, student presentation, Quiz Students revise assignment outside class
37

Management, Capital & Financing of Companies (1) 

  1. Explain the importance of shares and dividends.
  2. Analyze the special rights and restrictions to the shares. ( CK6, CIP1)
 Lecture, discussion, group work and student presentation. Students revise assignment outside class.
38

Management, Capital & Financing of Companies (2)

  1. Demonstrate the possible ways of financing companies. ( CK7,CC1)
 Lecture, discussion, group work and student presentation. Students revise assignment outside class.
39

Corporate Governance and Ethics (1) 

  1. Describe the characteristics of corporate governance.
  2. Demonstrate the effect of dissent of directors.

         (CK7,CC1)

 Lecture, discussion, group work and student presentation. Students submit the final assignment and prepare assignment presentations outside class.
40

Corporate Governance and Ethics (2) 

  1. Describe the duties of directors.
  2. Explain the importance of business ethics.
  3. Analyze the impact of ethics on business.

        (CK7,CC1)

 Lecture, discussion, group work and student presentation.
41

Dispute Resolutions and Insolvency (1) 

  1. Overview of commercial enterprises in Cambodia.
  2. Explain the process of insolvency.

         (CK7,CC1)

 Lecture, discussion, group work and student presentation. Students prepare assignment presentation outside class
42

Dispute Resolutions and Insolvency (2) 

  1. Show the possible dispute resolutions by various means other than court system.
  2. Analyze the impact of court system on economy. (CK7,CC1)
 Lecture, discussion, group work and student presentation. Students prepare assignment presentation outside class
43

Other Relevant Laws 

  1. Describe some laws relevant to Cambodian Business Law. (CK7, CC1)
 Lecture, discussion, group work, Quiz and student presentation. Students submit the final assignment and prepare assignment presentations outside class.
44

Assignment Presentation (1) 

  1. Present the research result. (All CK, All CC, All CCIT, All CIP)
 Students submit the final assignment and prepare assignment presentation outside class
45

Assignment Presentation (2) 

  1. Present the research result.

(All CK, All CC, All CCIT, All CIP)

 Students present the assignment
46

Assignment Presentation (3) 

  1. Present the research result.

(All CK, All CC, All CCIT, All CIP)

 Students present the assignment
47

Review session (1)

  1. Recall important points

           (All CK, All CC, All CCIT, All CIP)

 Students discuss what they have learned
48

Review session (2)

  1. Recall important points

           (All CK, All CC, All CCIT, All CIP)

 Students discuss what they have learned
49

Display of Video Clips

  1. Produce the case study and perform the video.
  2. Address the defect in video performance.

(CK2)

 Submission of video clips Students watch the videos and give constructive feedback
50 Review session (3) Recall important points (All CK, All CC, All CCIT, All CIP) Students discuss what they have learned. Students give comments on the course
Total Hours: 75 hours

TEACHING METHODS

This course is the combination of lecture, discussion, debate and assignment presentation. Students are required to read the relevant topics in advance so that the discussion in class will be fruitful. Students may be randomly selected to do the presentation of lecture therefore the well prepared reading is a must. Writing and presenting assignments are compulsory for this course.

ASSESSMENT AND GRADING

Grades will be determined based on a grading score, calculated using the following assessments and score allocations

Assessment Weight of each assessment Learning Outcome Assessed
CLO PLO
Participation 5% All CK, All CC, All CCIT, All CIP PK3, PC3, PCIT1, PIP1
Assignment: Paper Presentation Video Clip  10% 10% 10% All CK, All CC, All CCIT, All CIP PK4, PC3, PCIT1, PIP1
Quiz: 10% All CK, All CC, All CCIT, All CIP PK4,PC3, PCIT1, PIP1
Midterm exam 15% CK1, CK3, CK6, CK7, CK8, CC1, CC2 PK4,PC3, PCIT1, PIP1
Final exam 40% All CK, All CC, All CCIT, All CIP PK4,PC3, PCIT1, PIP1
Total grading score 100%    

During the course, there is one assignment:

Business Plan Assignment

Work Group: Group
Output format: APA Format Report, Presentation, Video Clip
Language: English
Assignment:

Student groups write a research report and analysis on one of the following topics from a perspective relevant to Cambodian Business Law:

  1. National Assembly of Cambodia
  2. Court System in Cambodia
  3. Working Conditions in Cambodian Labor Law
  4. Labor Disputes in Cambodia
  5. Opportunity of Investment in Cambodia
  6. Formation of Companies
  7. Issues of Insolvency in Cambodia
  8. Alternative Dispute Resolution in Cambodia

A draft assignment is submitted mid-semester so that a mock conference can be conducted. Each group assigns one member to function as the speaker in the mock conference. The mock conference is divided into two sessions. In each session, four speakers from different topics are allowed to present the draft of assignment. Each speaker is required to present within 5 minutes with the time is strictly managed by a coordinator. After speakers’ presentations, questions and answers (Q & A) are welcomed for a period of 20 minutes.

TEXTBOOKS AND REFERENCES

Textbook

  1. CamEd Business School, Cambodian Business Law: Student Study Text for Exams up to December 2020.

References

  1. CamEd Business School. Cambodian Business Law: References, Laws, Regulations for Exams up to December 2020.
  2. Hap, Phalthy. “Cambodian Business Law.” Phnom Penh: CamEd Business School, 2020

Education Resources