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

October 25, 2023

Healthcare in Cambodia: Crackdown on Illegal Advertising and Noncompliant Services

Cambodia’s Ministry of Health (MOH) continues to increase awareness among the public and private sector of the need for strict healthcare regulations and strict enforcement to advance the quality of the country’s healthcare sector.

In April 2023, the MOH issued a notification letter reminding advertisers of health products that they need to obtain a permit before advertising their products in Cambodia.

On October 12, 2023, the MOH issued two press releases on continued noncompliance in the healthcare sector. The two press releases address the illegal advertising of both healthcare products and private healthcare services. The releases also address unlicensed healthcare professionals and general noncompliance by private healthcare services.

These releases indicate that the MOH, in cooperation with local authorities, will substantially increase its enforcement efforts across Cambodia. Since October 12, several private healthcare clinics have had their operations closed and licenses suspended or revoked, signaling the ministry’s intent to enforce the legal framework.

Noncompliant Advertising of Health Products

The first press release focuses on the continued illegal advertising of health products and the advertising of unregistered health products. Health products include modern medicines, traditional medicines, health supplements, medical devices, cosmetics, and other products that prevent or treat diseases.

The release highlights that the MOH has noticed ongoing unauthorized and illegal advertising, commenting that these are often found online and on social media. The noncompliant advertising referenced in the release includes advertising of health products without the required advertising permit, advertising products that are not properly registered with the MOH, and advertising by unlicensed companies and individuals.

The MOH also states in the release that some advertisements are using inappropriate and noncompliant content that is not based on medical science and exaggerates the qualities of the health products—specifically mentioning skin-whitening cosmetics.

The ministry’s press release also informs the public of the dangers of noncompliant products and advertising, asking them to avoid purchasing these products. It reminds consumers to look for the MOH product registration or notification number, which registered products bear on their label. Further, it emphasizes that businesses and individuals advertising and trading health products must abide by the law.

Illegal Advertising of Healthcare Services and Noncompliant Healthcare Services

The second press release addresses noncompliant advertising of private healthcare services.

Private healthcare services include private hospitals, polyclinics, health clinics, dental clinics, and any other type of private healthcare service that requires a license from the MOH in order to operate legally.

The press release addresses illegal advertisements, such as those with content that is not approved by the MOH and the relevant professional council, or with content that is not supported in medical science, which is prohibited by each Code of Ethics that applies to professionals in the healthcare sector in Cambodia.

The second press release further addresses prohibited advertising of services by healthcare professionals who are not licensed by the MOH, do not meet the MOH’s education requirements, or are not registered with the relevant professional council.

The MOH also warns the public of the dangers of such noncompliant healthcare services and professionals and reminds the healthcare sector that it has a duty to comply with all laws and regulations.

The press release instructs local and provincial authorities to inspect all private healthcare services that fall under their purview and to act against services and professionals that do not comply with the law. It also instructs all professional councils to implement the laws and the relevant Code of Ethics, followed by instructions to strengthen their management of the healthcare professionals that fall under each council’s scope.

Concluding Remarks

The MOH’s two press releases are a reminder and warning to those active in the private healthcare sector, and to purchasers of healthcare products and services. The releases do not set out a new framework; they merely urge the healthcare sector to implement and follow the rules that have been in place for many years.

Strict enforcement of the existing legal framework will create a level playing field for businesses in the private healthcare sector and will eventually lead to better healthcare for the Cambodian people. Enforcement across the board is therefore warmly welcomed by the private sector.

Related Professionals

RELATED INSIGHTS​

July 24, 2024
Experts from Tilleke & Gibbins’ intellectual property team have contributed an updated Intellectual Property Transactions in Vietnam to Thomson Reuters Practical Law, a high-level comparative overview of  laws and regulations across multiple jurisdictions. Intellectual Property Transactions focuses on business-related aspects of intellectual property, such as the value of intellectual assets in M&A transactions, and the licensing of IP portfolios. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names. IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets. Research and development collaborations. IP audits. IP aspects of M&A: Due diligence, warranties/indemnities, and transfer of IPRs. Employee and consultant agreements. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the Intellectual Property Transactions in Vietnam overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
July 24, 2024
Intellectual property specialists from Tilleke & Gibbins in Thailand have contributed an updated Intellectual Property Transactions in Thailand overview for Thomson Reuters Practical Law, an online publication that provides comprehensive legal guides for jurisdictions worldwide. The Thailand overview was authored by Darani Vachanavuttivong, managing partner of Tilleke & Gibbins and managing director of the firm’s regional IP practice; Titikaan Ungbhakorn, senior associate and patent agent; and San Chaithiraphant, senior associate. The chapter delivers a high-level examination of critical aspects of IP law, including IP assignment and licensing, research and development collaborations, IP in mergers and acquisitions (M&A), securing loans with intellectual property rights, settlement agreements, employee-related IP issues, competition law, taxation, and non-tariff trade barriers. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trademarks, copyright, design rights, trade secrets, confidential information, and domain names. IP licensing: Scope and formalities for licensing patents, utility models, trademarks, copyright, design rights, and trade secrets. Research and development collaborations: Management of improvements, derivatives, and joint ownership of IP. IP aspects of M&A: Due diligence and critical considerations during mergers and acquisitions. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the Intellectual Property Transactions in Thailand overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
July 24, 2024
Acted as lead counsel for Nordic Transport Group A/S (NTG), an international freight forwarding company based in Denmark, in its acquisition of a stake in Asia-based Freightzen Logistics Ltd., Inc. through a newly established subsidiary, NTG APAC Holding Pte. Ltd.
July 23, 2024
In the Who’s Who Legal (WWL) Southeast Asia guide for 2024, a total of 12 Tilleke & Gibbins lawyers have been distinguished as market leaders in various legal practice areas. The firm’s 12 recognized lawyers, singled out for their commitment to delivering exceptional legal services to Tilleke & Gibbins’ clients, are grouped into seven practice areas: Asset Recovery: Thawat Damsa-ard Data: Alan Adcock, Athistha (Nop) Chitranukroh Franchise: Alan Adcock, Jay Cohen Intellectual Property: Alan Adcock (Patents, Trademarks), Darani Vachanavuttivong (Patents, Trademarks), Kasama Sriwatanakul (Trademarks), Linh Thi Mai Nguyen (Trademarks), Somboon Earterasarun (Trademarks), Wongrat Ratanaprayul (Patents) Investigations: John Frangos and Thawat Damsa-ard Labor, Employment, and Benefits: Pimvimol (June) Vipamaneerut Life Sciences: Alan Adcock, Loc Xuan Le The annual WWL Southeast Asia rankings guide, published by the London-based group Law Business Research, aims to identify the foremost legal practitioners across a range of business law practice areas. The rankings are largely based on feedback and nominations received from other WWL-ranked and nominated attorneys around the world. These peer-driven recognitions highlight Tilleke & Gibbins’ dedication to maintaining the highest standards of legal service and helping clients achieve success. To read more about the WWL Southeast Asia guide, or to browse the full results, please visit the WWL website.