PHAN SIN, LL.M

# 58, Street 123, Samaki 3, Sangkat Trapaing Krasaing,

Khan Dangkor, Phnom Penh, Cambodia

Mobile  : + 855 (0)12-58  58  68

 E-mail  : [email protected]

 

 

1.   PERSONAL DETAILS

Nationality :           Khmer (Cambodian)

Sex :                        Male

Date of birth :       June 4th, 1978

Place of birth :      Phum Koktouch, Preysrallet, Pearaing, Prey Veng provice, Cambodia

 

2.  EDUCATION

 

Month/Year

(from-to)

Degree

City, Country /name of university

 

March 2001

 

Nov 2002

LL.M

Masters Degree in Public International Law  ww.tlbu.ac.kr 

Seoul, Republic of Korea

Transnational Law and Business University, TLBU Graduate School of Law (with field studies to Beijing-China, Paris-France, Brussel-Belgium and GenevaSwitzerland.)

 

1996 –2000

LL.B

Bachelor Degree in Law

Phnom Penh, Cambodia

RULE, Royal University of Law and Economics

 1993 – 1996

BAC II

Pearaing High School, Prey Veng , Cambodia

 

 

3.  EMPLOYMENT SUMMARY RECORD

 

Month/Year

February 2006  – Present

Position held /  organization

National Legal Advisor 

Ministry of Land Management Urban Planning and construction (MLMUPC) and the General Secretariat of the Council for Land Policy (GS-CLP), Kingdom of Cambodia

Key responsibility

-   Reviewing the existing law and regulations in relation to land and other cross-cutting issues, i.e. forest law, protected areas, natural resources, water, wetland, public use and other development site(s).

-   Drafting Policy and Regulatory Framework: Assisting the General Secretariat of the Council for Land Policy (GS-CLP) in drafting policy, sub-decree, circulars, instruction and other related legal norms.

-   Undertaking research over of policy and regulatory framework in some countries.

-   Providing legal advice to the Council of Land Policy and the Land Management and Administration Project (LMAP). This is to develop the policy and regulatory framework in the sub-sector of land administration, land management and land distribution. In addition; land valuation, land use planning, spatial planning system are part of the progress work undertaken by the GS-CLP. 

-

Month/Year

November 2004 – November 2005

Position held/ organization

Researcher on Cambodian ADR Mechanisms

United Nation Development Program, UNDP, Cambodia Office

Key responsibility 

-  Assisting the legal research on Alternative Dispute Resolution Mechanisms (desk review) and undertaking field visits, interview, consultation and workshops.

- Studying in depth about the interface between the formal and informal system of justice in Cambodia by taking consultation with justice services supplier (duties holders) and clients of each system (claims bearers) and propose recommendations supporting the national legal and judicial reform strategy.

-  Looking in depth about the available channels for the delivering of justice services, ADR, including the local authorities, community leaders like elders, district, provincial and national level authorities as well as Cadastral Commission, Labor Arbitration Council and so on as well as supporting the research process as in general a whole.

-  Liaising with authorities, courts officials including judges, prosecutors, and clerks; the council for legal and judicial reform, royal academic for judicial profession, supreme council of magistracy, ministry of justice, bar association, legal aid organizations, civil society.

-  Reviewing and analyzing cases and documents collected from different authorities.

-  Interpreting, translating all interviews and documents, and data collected.

- Transcribing all interviews and consolidating interviews, documents, and related reports to incorporate into the final report, titled “Pathways to justice: Access to Justice in Cambodia with a focus on the poor, women and indigenous peoples”. (2005)

 

-

Month/Year

April 2003 to  October 2004

Position held/ organization

Technical Assistant

Council for Administrative Reform (CAR) / Council of Ministers (CoM) and GTZ, Cambodia

Key responsibility 

-   Reviewing  existing laws  & regulations and drafting Sub-decree, Decisions, Prakas which are related to Decentralization, De-concentration and Public Service Project Delivery.

-   Carrying out researches on Cambodian Local Governance Reform and Public Service Delivery Improvement aiming at introducing Alternative Service Delivery, ASD, such as implementation of One Window Service (OWS) with a clear structural management and organization in order to better provide pubic service to the peoples. Two piloting OWS, i.e. Battambang district and Siem Reap district; have initiated and in place.  

-   Ombudsman Office: Study the existing citizen's office in different countries and drawing up the possible national and local Ombudsman office in Cambodia.

-   Taking field visits to provinces in order to gather the lesson learned at the local government so that the policy of de-concentration and decentralization could be improved and applicable. Besides, the study tours to different local government agencies help the team to oversee the management and operation of some governmental institutions in the areas of educational reform, health reform, legal reform, administrative reform, with a clear report and recommendation for improvement.

-   Actively Involving with Service Delivery Improvement Strategy making and help initiating the governance and management policy of Urban Area, i.e. for 2004-2008.

-  Organizing workshop on the de-concentration, decentralization and public service to build up the awareness and knowledge of Cambodian civil servants  and the people. The workshop also brought out the issue of  Widow Service and other alternative service delivery, ASD.

-  Focal Point to liaise with NGOs and donors, i.e. WB, JICA, GTZ and KAF and to make proposal and report writing and involving in the procurement procedures by assisting CAR to organize “Capacity Building Training Course " providing to officials from Line Ministries  and working closely with National and International Consultants, Technical Advisor;  whom carry out different studies under the supervision of CAR.

 

Month/Year

January 2003 to date

Position held/ organization

Legal instructor  (Part-time) 

i). Royal University of Law and Economics, RULE  ii). Build Bright University, BBU and

iii). Other institutes, i.e. MIC, IHRD and IDEA, Kingdom of Cambodia

Key responsibility

Among other subjects includes: Public International Law, Human Rights, Contract Law, Intellectual Property Law, Labor Law and Land Law.

-

Month/Year

June 2003 to 2004

Position held/ organization

 Member of task force on    i). Administrative and legal dictionary   &  ii). Handbook on law drafting and legislation procedures. (Freelance)

Council for Legal and Judicial Reform / Council of Jurists, Kingdom of Cambodia

Key responsibility

Actively participating and working on "Cambodian Administrative and Legal Dictionary" to be formulized and harmonized the legal terms using in Cambodia. The task force also have worked on the " Handbook on Law Drafting and Legislations" to be used for all including National Assembly, Senate, The Council of Ministers and Line Ministries in the Kingdome of Cambodia supported by Konrad Adenauer Foundation.

-

Month/Year

Nov 2002 – Feb 2003

Position held

/ organization

- Legal assistant, Heng International Law Firm, Cambodia

- Interpreter/Translator @ Senate of Cambodia Co-operation with Konrad Adenauer

  Foundation (March 2003) and @ Lawyer Training Center (May 2003), Cambodia

Key responsibility

-  Assisting the firm to draft contracts for clients in Khmer/English and providing legal advice and consultation.

-  In charge of translation / interpretation from English into Khmer and vice versa during the course provided by two Canadian Senior Lawyer from Canadian Bar Association.   

-  Intensive Course of Public International Law at the Senate of Cambodia for Cambodian Legal Practitioners. I have actively participated and shared with German Scholar to prepare “Public International Law” for the course. I am also responsible for the whole course both translation and interpretation for the course.

-

Month/Year

2000 – Mar 2001

Position held/ organization

Secretary / Administrative Assistant

 IBC, Phnom Penh, Cambodia

Key responsibility

Providing administrative work to IBC and deal with various secretarial work including translation / interpreting during different events, in written as well, from English into Khmer and vice versa.  Involving and providing assistances to Mobile Medial Clinic which is aiming at helping to the poor patients and the follow up.

-

Month/Year

1998 – 2000

Position held/ organization

Teacher of English and Khmer literature (Part-time)

Mithapheap Language Center, Toul Sangke Center, Back Touk School, Cambodia

Key responsibility

(1) Part time English Language Teacher (up to advance Level) at Mithepheap Language Center ( Mithepheap Primary School), Toul Sangke Language Center ( Toul Sangke School) and New York Institute. And (2) Teaching Khmer to foreign students, at all level.

Lessons provided includes:  Khmer literature, Khmer Culture and Cambodian Government and administration structure as well as Cambodian Legal System and beyond.

 

-

Month/Year

July 1998

Position held/ organization

National election observer

The Committee For Free and Fair Elections in Cambodia, COMFREL, Cambodia

Key responsibility

- Carrying out specific tasks assigned by the Committee.

- Producing reports before, during and after the election for the Committee.

- Public awareness about the Rule of Law, the respect of human rights, the fundamental Rights and freedom guaranteed by the law equally to all mankind of all levels regardless the sex, age, color, nationality, religious belief .etc  

- Working closely with the COMFREL Mission Director, Khan Director, and Municipality director of Committee particularly regarding Monitoring and Evaluation activities, overall progress of the Election. 

- Ensure that report requirements to donors are fulfilled and actively participating in various seminar held by donors by making sure that the tasks to be done are well implemented.

- 

 

  4. TRAININGS OBTAINED AND SOCIAL ACTIVITIES

 

 

2007-2008

(Periodically)

 

 

Capacity Building on Land Management and Land Administration: The training is mainly focused on the land related issues, i.e. Land Management, Land Administration, and Land Distribution. In addition, internally accepted concepts on land valuation, land use planning, spatial planning system have been introduced with lesson learned from some developed country especially from European countries including the Federal Republic of Germany.

 - Organized by: Collective Leadership Institute (CLI) and CLP,

 - Venues: Sihanouk Ville, Siem Reap and Phnom Penh, Cambodia

Oct – Dec

2003

(Held weekly over 60 hours)

Training course on the decentralization and de-concentration and Public Service Delivery  Improvement.. Through out the course, generally, it had provided various of good lesson learned and good practice provided by excellent international speakers from different part of the world both developed and developing countries. The course have been used to bridge the theories and the practice in relation to  de-concentration, decentralization and Service Delivery Improvement, with the theme of “Serving the Peoples better with quality and bringing public service closer to the peoples”.  Different the concepts, in particular,  and implementation of different piloting projects  are introduced, i.e. Contracting-In, Contracting-Out piloting projects under  Ministry of Health and other project within SEILA Program, One Window Service;  Privatization... etc

- Organized by: Council for Administrative Reform and GTZ,  Phnom Penh, Cambodia

 

 

2003 to date

Occasionally

Workshops,  seminars, conferences  &  consultations  attended (not  limited to):

-    Workshop on Land Valuation System and different approaches applied (2007).

-    Seminar on Regional Real Estate and Market, case of Cambodia, Vietnam and Thailand; organized by Thai Real Estate Foundation (2007)

-    Forum on East Asia Economic, organized by University of Cambodia (2006).

-    Workshop on Housing Policy and Housing for Urban Poor, taking the case of Battambang province, (2006).

-    National Forum and Regional workshops on the Justice Service Delivery Improvement and proposed recommendations found by UNDP research teams, (2005).

-    Cambodia – German Technical Consultation, on the Financial and Technical Assistant, at The Council for the Development of Cambodia. (2004)

-    SEILA National Workshop on the Work Plan and Budget for 2004 of SEILA Program (2003).

-    Workshop on National Poverty Reduction Strategy, NPRS. By MoP/DPs. (2003/2004).

-    Workshop on Service Delivery Improvement Mechanisms, organized by the office of Council of Ministers. (2003)

-    Seminar on Food Security and Nutrition, Cambodia Nutrition Investment Plan, CNIP and FNIP formulation, Ministry of Planning...  (2002)

-    ………..

 

July 1998

 

 

Electoral Monitoring Training course. The Course is mainly focus on: (a). Monitoring management (b). Information data collection methods, techniques and tools  and (c). Evaluating and Writing Report.

 - Organized by: COMFREL,  Phnom Penh, Cambodia

  

 

5.    COUNTRY EXPERIENCE

 

Month/Year

City/country & experience description 

 

 

30 June–12 July 2003

HO CHI MIN CITY, VIETNAM

To see the establishment, operation, management, implementation and monitoring arrangements of the “one-stop shop” model in Ho Chi Minh City which brings the Public Service closer to the population and to exchange views with Vietnamese colleagues on the program for administrative reform between the two countries.

Dec 2001

BEIJING, CHINA (As part of my LL.M academic year performance requirement).

Field Training in Chinese Legal System, China University of Politic and Law, Beijing, China.

 

 

 

 

Oct – Nov 2002

 

 

 

-  PARIS, VERSAILLE and LYON, FRANCE: Field trip for cultural experience orientation and to see the structure, function, operation, management of International and Regional Organizations, i.e OECD in Paris and French Administrative Structure.

-  GENEVA, SWITZERLAND:  Field visit at different World Organizations, International Organization, such as WTO, ILO, WIPO based in Geneva, Switzerland.

-  BRUSSEL, BELGIUM: Field visit to study the Background, the development and establishment of EU. Above all, the trip is to have a factual study of European Community law and European Court of Human Right.  

 

 

6.  ARTICLES, PUBLICATIONS AND AWARDS

- Recent publication: Yrigoyen Fajardo, R., Kong Rady & Phan Sin (2005).  Pathways to justice: Access to justice

   with a focus on the poor, women and indigenous  peoples. Phnom Penh: UNDP Cambodia/Ministry of Justice.

- Thesis: Cambodian’s labor law and international labor standard: Legal problems of applying labor law in

   Cambodian textile factories (2002, TLBU Graduate School of Law, Seoul, Korea)

- Unedited Articles on: Contemporary of Cambodian intellectual properties law (2001), Self-determination

  (2002), Gender   equity (2001), Role and Function of the European court of human right s (2001)... etc.

 

- AWARD: National award of Mony Saraphorn Asarith level, 2008, for outstanding performance as National

  Legal Advisor to the Land Management and Administration Project, Ministry of Land (MLMUPC)  as well as

  the General Secretariat of the Council for Land Policy.

 

 

7.  SKILLS

  Language skills: mark from one (lowest) to five (highest) for competence.

 

    Language

Reading

Speaking

Understanding

Writing

    Khmer (native)

5

5

5

5

    English

5

5

5

5

 

 Computer skills:  - Excellent in Microsoft Windows and Offices (i.e. Word, Excel, Publisher and Power Point, 

                                  Adobe Photoshop, Outlook Express, networking) and Basic knowledge of website design.

                               - Familiar with internet browsing and useful software and easily learn anything associating

                                  with computer literacy in a short period of time.

 Other kills:     Teaching, Social training, Coordination, Assistant, Translation/Interpreting, Facilitator,

                          Leading discussion, Driving … and so on.

 

 

 8.  REFERENCES

               

Raquel Z. YRIGOYEN FAJARDO

 

ADR Specialist. International Institute on Law and Society-IILS Jr. Ribeyro 132, Jesus Maria (Lima 11)  Peru. Tel.-Fax: (51-1) 424-1723 .  Email: [email protected]

 

Dr. Ou Vuddy

Deputy General Director, Ministry of Land (MLMUPC) and as Permanent Secretary General of the Council for Land Policy (CLP) – C/o: # 771-773, Monivong Blvd, Phnom Penh, Cambodia;    Cell: 885 (0)12 898927

 

Sara Ferrer Olivella

Governance Team Leader , Assistant Resident Representative

P.O.Box877, Phnom Penh, Cambodia.  Tel. +855 23 216167/ 211240, Fax. +855 23 216257.  Email: [email protected]

 

Dr. Halen Jarvis

 

Advisor to Extraordinary Chamber in the Court of Cambodia, ECCC.  Royal Government of Cambodia;  #41 Russian Federation Boulevard, Phnom Penh,  Tel: 855 (0)12 812 658  Fax: 855 (0)23 428 952, Email: [email protected]

 

Dr. Hok Peng Se

 

Project Director of De-concentration, Decentralization and Public Service, Council for Administrative Reform, Council of Ministers.  c/o: # 41 Russian Fed. Blvd, Phnom Penh, Cambodia.  Cell: 855 (0) 12 323 997   E-mail : [email protected]

 

Pete Rodger

 

Public Service Specialist.  # 8 Bharat Tce, Broadmeadows, Wellington 6004, NZ.    Tel : (+644) 4786398,  HP : (+6427)2738376, E-mail : [email protected]

 

Thomas H. Ryou, Esq

 

Professor at TLBU, Graduate School of Law.  300, koyang-si, kyunggi-do, 412-751, Seoul, Korea.  Phone : +82-31-960-1011, Fax : +82-32-960-1015.   E-mail: [email protected]  URL : www.tlbu.ac.kr

 

 

9.  CERTIFICATION

I, the undersigned and to the best of my knowledge and belief, certify that these data correctly

describe my qualifications, my experience, and me.

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