You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 14, 2022

Cambodia Begins Implementation of National Pension Scheme

On July 5, 2022, Cambodia issued regulations implementing the pension system of the National Social Security Fund (NSSF). Pension contributions will begin on October 1, 2022.

The implementation is detailed in Prakas No. 168 on the Procedures and Formalities for Registering Enterprises, Institutions, Workers, and Employees, and Contributions for all Persons Defined by Provisions of Labor Law (Prakas No. 168) and Prakas No. 170 on the Commencement Date of Pension Contribution for the Compulsory Contribution and Voluntary Contribution.

Registration and Benefits

All employees and employers previously registered with the NSSF for health and accident insurance are automatically enrolled in the pension scheme, with no additional registration necessary. Both new and existing nonregistered employers with at least one employee must register their company with the NSSF within 30 days of Prakas No. 168 entering into force or on the date of establishing the company. Nonregistered employees are required to be registered with the NSSF no later than three days from the start of their employment.

The NSSF pension system features four categories of benefits: old-age pension, incapacity/disability pension, survivor pension, and funerary benefits. The amount of benefits available to an NSSF member is based on a percentage of the person’s total contributions and the period of those contributions.

Compulsory Contributions

The pension contribution is a joint responsibility shared equally by employers and employees. The rates of contribution will increase in steps as the NSSF pension program is phased in. The phases are as follows:

  • Phase 1: In years 1–5, total compulsory pension contributions will amount to 4% of employee wages from the starting date of initial contribution.
  • Phase 2: In years 6–10, total compulsory pension contributions will amount to 8% of employee wages.
  • Phase 3: After the pension program has been in place for 10 years, total compulsory pension contributions will increase to 10.75% of employee wages. There will be an additional increase of 2.75% after each subsequent 10-year period elapses. (No information has been provided on whether there is a cap on future increases.)

The monthly wage used for the NSSF contribution calculation is capped at KHR 1,200,000 (approx. USD 300).

Monthly pension contributions must be processed no later than the 15th day of the following month. Therefore, for example, pension contributions for March must be paid by April 15. Employers that wish to pay contributions annually must submit a request to the NSSF for approval.

Employers are released from the obligation for making compulsory contributions for registered employees who are 60 years of age and older. However, registered employees 60 years of age and older as of July 1, 2022, can make voluntary contributions by submitting a request to the NSSF within 12 months of Prakas No. 168 entering into force (i.e., until July 5, 2023).

Voluntary Contributions

The NSSF pension scheme also allows for voluntary contributions to be made if the NSSF member is:

  • Unemployed, under 60 years of age, and financially able to continue making contributions;
  • Over 60 years of age and intending to continue making contributions; or
  • Earning income higher than the wage ceiling of the compulsory system.

Voluntary contributions increase the total contribution of the NSSF member, and will ultimately increase future pension benefits available to them. Contributions made under the voluntary system must be equal to or greater than the contributions made under the compulsory framework, and individual contributors should coordinate their voluntary payments with the NSSF directly.

To learn more about the new NSSF pension scheme, or any aspect of employment law in Cambodia, please contact Tilleke & Gibbins at [email protected].

This update was prepared with the assistance of Tilleke & Gibbins intern Robert Gassman.

RELATED INSIGHTS​ 

August 20, 2025
With the shift in US policy to discourage DEI programs among government and private-sector employers, some companies have been cutting back. But US companies should be cautious in eliminating their DEI programs globally, as some elements of these programs are obligations under local laws in Vietnam, Thailand, and Cambodia.
July 14, 2025
Life sciences specialists from Tilleke & Gibbins have updated the firm’s guide to pharmaceutical data exclusivity regulations and practices in Southeast Asia. This guide contains quick-reference information on the availability of data exclusivity protections and limitations in Cambodia, Indonesia, Laos, Malaysia, Myanmar, Thailand, and Vietnam. Developing and launching a new drug on a commercial scale requires an enormous amount of time and investment in research and development (R&D), including pre-clinical testing and clinical trials. When considering the aggregate amount of drug development costs, it is important to recognize that this includes not only the investment in developing new drugs that get approved by a government food and drug regulator and are successfully brought to market, but also the R&D expenditures on a large number of potential pharmaceutical compounds and products that never actually make it to market. In particular, considerable investment is required in order to conduct and produce clinical trial data—to prove safety, efficacy and effectiveness of a new drug—that would warrant marketing approval by the regulatory authority. Such data is proprietary in nature and highly valuable for a research-based pharmaceutical company that develops an original drug. On the other hand, patent law typically confers generic drug manufacturers with the ability to engage in various preparatory activities with a view to obtaining marketing approval for a generic product before the patent for the original drug expires (commonly known as a “Bolar provision”). Since a generic drug maker may submit an application for marketing approval of a generic product before the relevant patent expires, the extent to which the drug originator’s data submitted to the regulatory authority is protected—or in other words, the extent to which the generic company may rely on the drug originator’s previously filed data, which underpins the safety and efficacy of the drug, to support
July 7, 2025
On June 20, 2025, Cambodia’s Ministry of Economy and Finance issued Instruction No. 19116 to clarify when board members and company directors must receive salaries and pay payroll taxes. Board members and company directors who are not considered employees are subject to a withholding tax. This category consists of people who complete services for a nonresident individual and people who perform independent work for a company in Cambodia. Board members and company directors who are considered employees, including those appointed by a foreign head office to temporarily manage a company in Cambodia, must pay payroll taxes on any salary they receive, regardless of whether they are paid by a local or foreign branch of the company. The above obligations apply regardless of whether the person has a work permit. Board members and company directors are exempt from paying payroll tax if they: Are not present and not performing a regular management role at the company despite being registered on the company’s statutes or patent tax card; Participate only in board meetings and occasional shareholder meetings; and Do not receive a salary from a company in Cambodia. Overall, this instruction provides an important clarification regarding the tax obligations of board members and company directors. Companies should pay attention to the classification of their board members and directors and be mindful of the exemption.   This article was written with the assistance of Tilleke & Gibbins interns Amelia Gemma Erickson and Amrin Keat.
July 2, 2025
On June 17, 2025, Cambodia’s Ministry of Economy and Finance issued Instruction No. 18574 on Tax Obligations for Share Premiums to clarify that enterprises are not required to pay any income tax on share premiums that meet the conditions set out in the instruction. As outlined in the relevant provisions of the Law on Taxation (Royal Kram No. NS/RKM/0523/004) and Prakas No. 578 MEF.PrK.GDT on Tax on Income, taxable income is the difference between an asset’s value at the beginning and end of a period. This calculation deducts capital contributions, which are not taxable. A share premium is the amount of money that a company receives in excess of the par value of a share when the company issues new shares to a shareholder through a share subscription. In other words, share premiums are capital contributions made by shareholders into the equity of the company and, as a result, are not taxable. However, the government may nevertheless view share premiums as taxable if the company fails to meet certain legal conditions. Cambodian law requires share subscriptions to be properly recorded in the company’s accounting books and supported by documentary evidence. The recent instruction states that if an enterprise does not have proper documentation, any increase in equity, such as a capital increase through share premiums, will be treated as taxable income in accordance with the law. The instruction provides the following example: Enterprise A issues 200,000 new shares to an investor. The shares were registered with a par value of KHR 4,000 per share and were sold for a sale price of KHR 10,000 per share. The share premium of KHR 1.2 billion, which is calculated by subtracting the total par value (KHR 800 million) from the total value of the new capital (KHR 2 billion), is a capital