Chapter VII. The National Assembly
Article 76
The National Assembly shall consist of at least 120 Members.
The Members shall be elected by a free, universal, equal, direct and secret ballot.
The Members may be re-elected.
Candidates for election to the National Assembly shall be Khmer citizens of either sex, have the rights to vote, be at least 25 years of age and have Khmer nationality at birth.
The organization responsible for conducting the election, electoral procedures and processes shall be determined by an electoral law.
Article 77
The Members of the National Assembly shall represent all the Khmer people, not only citizens from their constituencies.
Any imperative mandate shall be nullified.
Article 78
The term of the National Assembly is five years and ends on the day when the new National Assembly takes office.
The National Assembly shall 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, the King shall dissolve the National Assembly, upon a request by the Prime Minister and with the approval of the President of the National Assembly.
The election of new National Assembly shall be held no later than sixty days from the date of dissolution. During this period, the Royal Government shall only be empowered to conduct routine business.
In time of war or other special circumstances when an election cannot be held, the National Assembly may extend its term for one year at time, at the request of the King.
The declaration of an extension of the National Assembly’s term must be approved by at least a two-thirds majority vote of all Members of the National Assembly.
Article 79
A Member of the National Assembly shall not hold any active public function and be a member of other institutions provided for in the Constitution, except when a National Assembly Member is required to serve in the Council of Ministers of the Royal Government.
In this case, the said National Assembly Member shall remain a Member of the National Assembly but may not hold any position on the Standing Committee or on other Commissions of the National Assembly.
Article 80
Members of the National Assembly shall enjoy parliamentary immunity.
No Member of the National Assembly shall be prosecuted, detained or arrested because of opinions expressed in the exercise of his/her duties.
A Member of the National Assembly may only be prosecuted, arrested or detained with the permission of the National Assembly or by the Standing Committee of the National Assembly between sessions, except in case of flagrant delicto offences. In that case, the competent authority shall immediately report to the National Assembly or to the Standing Committee and request permission.
The decision of the Standing Committee of the National Assembly shall be submitted to the National Assembly at its next session, for approval by a two thirds majority vote of all Members of the National Assembly.
In any case, the detention or prosecution of a Member of the National Assembly shall be suspended if the National Assembly requires that the detention or prosecution be suspended by a three quarter majority vote of all Members of the National Assembly.
Article 81
The National Assembly shall have an autonomous budget for the conduct of its function.
The Members of the National Assembly shall receive remuneration.
Article 82
The National Assembly shall hold its initial session no later than sixty days after the election, and as convened by the King.
Before starting its work, the National Assembly shall confirm the validity of each Member’s mandate and vote separately to choose its President, Vice-Presidents and all members of various Commissions of the National Assembly, by an absolute majority vote of all Members of the National Assembly.
The National Assembly shall adopt its internal regulations by an absolute majority vote of all Members of the National Assembly.
All National Assembly Members shall, before taking office, take an Oath of Allegiance as contained in Annex 5 of this Constitution.
Article 83
The National Assembly holds ordinary sessions twice year.
Each session shall last at least three months. At the request of the King, or the Prime Minister, or at least one third of the National Assembly Members, the National Assembly Standing Committee shall convene in an extraordinary session of the National Assembly.
The agenda and the date of the extraordinary session shall be disseminated to the population.
Article 84
Between National Assembly sessions, the Standing Committee of the National Assembly shall manage the work of the National Assembly.
The Standing Committee of the National Assembly consists of the President of the National Assembly, the Vice-Presidents and all Chairpersons of the National Assembly Commissions.
Article 85
The National Assembly sessions shall be held in the Capital city of Cambodia in the Assembly Hall unless, due to special circumstances, stipulated otherwise in the summons.
Except where so stipulated and unless held at the place and date as stipulated, any meeting of the National Assembly shall be considered completely illegal, null and void.
Article 86
Under some circumstances when the country is in a state of emergency, the National Assembly shall meet every day. The National Assembly has the rights to declare the above special circumstances terminated whenever the situation permits.
If the National Assembly is not able to meet because of circumstances such as the occupation of the country by foreign forces, the declaration of the state of emergency is automatically extended.
During the state of emergency, the National Assembly shall not be dissolved.
Article 87
The President of the National Assembly shall chair the assembly sessions, receive draft bills and resolutions approved by the National Assembly, ensure the implementation of the Internal Regulations and organize the international relations of the National Assembly.
If the President of the National Assembly is unable to perform his/her duties due to illness, or due to fulfilling of the functions of Acting Head of State or as a Regent, or due to being on a mission abroad, a Vice-President shall replace him.
If the President or a Vice-President resigns or dies, the National Assembly shall elect a new President or Vice-President.
Article 88
The National Assembly sessions shall be held in public.
At the request of the President or of at least one tenth of its Members, or of the King or of the Prime Minister, the National Assembly shall hold closed sessions.
Sessions of the National Assembly shall be considered valid, only if:
- There is a quorum of more than two thirds of all National Assembly Members, for any votes which require a two-thirds majority of all Members.
- There is a quorum of more than a half of all National Assembly Members for any votes which require an absolute majority of all Members.
Article 89
Upon the request of at least one tenth of its Members, the National Assembly shall invite high ranking officials to clarify important special issues to the National Assembly.
Article 90
The National Assembly is an organ that has a legislative power and performs its duties as provided for in the Constitution and laws in force.
The National Assembly shall approve the national budget, State planning, lending, borrowing, financial contracts, and the imposition, modification or abolition of taxes.
The National Assembly shall approve administration accounts.
The National Assembly shall adopt the law on general amnesty.
The National Assembly shall approve or repeal international treaties and conventions.
The National Assembly shall adopt a law on the proclamation of war.
The adoptions and approvals referred to in the previous clauses shall be agreed by an absolute majority vote of all Members of the National Assembly.
The National Assembly shall pass a vote of confidence in the Royal Government by an absolute majority vote of all Members.
Article 91
The Senators, the Members of the National Assembly and the Prime Minister shall have the rights to initiate legislation.
Members of the National Assembly shall have the rights to propose amendments to the laws but proposed amendments cannot be accepted if they might have the effect of reducing public income or increasing the burden on the people.
Article 92
Any decision of the National Assembly that contradicts the principles of preserving national independence, sovereignty, territorial integrity of the Kingdom of Cambodia and affects the political unity or the administration of the nation, shall be annulled. The Constitutional Council is the only organ which may annul the decision.
Article 93
Any laws approved by the National Assembly, reviewed by the Senate and signed by the King for promulgation, shall come into force in Phnom Penh ten days after the date of promulgation and throughout the rest of the country twenty days after the date of promulgation.
If the law is stipulated as urgent, it shall come into force throughout the country immediately after promulgation.
Laws that are signed by the King for promulgation shall be published in the Royal Gazette and announced to the public throughout the country in accordance with the time-frame set out above.
Article 94
The National Assembly may establish such commissions as it considers necessary. The organization and functioning of the National Assembly shall be determined by the Internal Regulations of the National Assembly.
Article 95
If a Member of the National Assembly dies, resigns, or is dismissed more than six months before the end of the term of the National Assembly, a replacement shall be appointed in accordance with the Internal Regulations of the National Assembly and the Electoral Law.
Article 96
Members of the National Assembly shall have the rights to propose questions to the Royal Government. The questions shall be submitted in writing through the President of the National Assembly.
The replies shall be given by one or several ministers depending on whether the subject of the question relates to the responsibilities of one or several ministers. If the question concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.
The replies by the ministers or by the Prime Minister may be given orally or in writing.
The replies shall be provided within seven days after the day the question is received.
In the case of an oral reply, the President of the National Assembly shall decide whether to hold an open debate or not. If there is no open debate, the reply by the minister(s) or the Prime Minister shall be considered final. If there is an open debate, the questioner(s), other speakers and relevant ministers, or the Prime Minister may exchange views within a time-frame, not exceeding one session.
The National Assembly shall allow one day a week for providing answers to questions. There shall be no vote during any question-and-answer session.
Article 97
The commissions of the National Assembly may invite any minister to clarify issues in fields under his/her responsibility.
Article 98
The National Assembly may dismiss any members of the Council of Ministers, or the Royal Government, by a motion of censure passed by an absolute majority vote of all Members of the National Assembly.
The National Assembly may deliberate on a motion of censure only if it has been requested by at least 30 Members of the National Assembly.
