Contract between the Ministry of Agriculture, Forestry and Fisheries and Growest Building Trading Co., Ltd on Investment of Plantation for Rubber, Teak Tree (Tectona Grandis) and Acacia

• Cambodia

• Concessions
• Economic land concessions and plantations
• Land
• Public land lease

• Growest Building Trading Co. Ltd.

• Minister of Agriculture Forestry and Fisheries

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• English
• Khmer

• Kratie

Metadata last updated on 2017-03-17. For inquiries contact: Open Development Cambodia. Address: 43, St. 208, Phnom Penh, Cambodia. Email: contact@opendevcam.net, Website: http://www.opendevcam.net

Growest Building Trading Co., Ltd

Building No.01, Street: 456, Sangkat Boeng Trabeag, Khan Chamkamon, Phnom Penh. Tel: (855) 23 996 578

The Ministry of Agriculture, Forestry and Fisheries:

• Providing intervention to the relevant institutions in order to address any problems involving those who commit offense and violate the rights of the company in respect of the implementation framework defined in this agreement as to the usage or confiscation of any part of the location.
• During the implementation of investment project on the company land concession in case, if any land conflict occurred between company and local residents/people, competent authorities have the right to suspend the investment activities for solving the problems and protecting the interest of people and any conflict is occurred between military agency and local residents people the resolution have to give priority to residents people.
• Monitoring: The implementation of the contract of the company, The Environmental impact, and Technical work and the business production program of the company.

The Company:

• Agreeing to pay the deposit and fee in accordance with article 4 of this contract until the termination
• Agreeing to be responsible for the expenses of the survey and other related costs involving the coordination and exchange of the said land as stipulated in article 1 and 1.4
• Formulating a Master Plan for managing and developing the concession area and submitting this plan to the Ministry no later than 6 months after the contract has been signed. This Master Plan shall contain strategic actions for utilization of the concession area, schedule of activities, other technical practices, and an economic-financial plan for long-term development.
• Operating business production on the actual business area according to the plan stipulated in its technical-economic reports and in the contract
• Machinery equipment, spare parts and chemical materials that are imported for the purpose of business production will incur additional taxes according to the law of kingdom of Cambodia
• Allowing the Ministry and relevant institutions to monitor and evaluate its activities regarding environment impact and subsequently following the instruction of the Ministry and relevant institutions as to the protection of the environment.
• Report the achievement of the implementation of the investment works in quarterly, six-monthly and annually period.

In the event that there is no Khmer expert available, the company has right to recruit the local labor force, or foreign experts to educate and train the technical work under the Law of the Kingdom of Cambodia.

• The natural forest land where kept for natural reservation will not be allowed to develop plantation and this land will be reserved as the state property.
• Implementing business activities as planned including: forest clearance, road construction, and cultivation and maintenance by following sustainable conditions for natural resources of the location and environmental impact caused by business production.

• All constructions of infrastructure, such as dams and canals that may affect to the people and surrounding areas, shall be permitted by government and/or relevant and concerned institutions.
• Consider in improving the livelihood as well as health and education to its employees; workers and their families by building the suitable houses, hospitals, temples, schools and recreation centers.

• In the event that the company faces a situation beyond its control. The company has the right to withdraw from the whole project or part of the project providing approval for the withdrawal has been received from the Ministry.
• In the event that the company withdraws without approval, it shall be held responsible according to the Investment Law of the Kingdom of Cambodia.
• In the event that the company fails to implement the activities stipulated in this agreement at the passing of one year starting from the date of agreement, the government shall have the right to terminate the agreement unconditionally and without compensation for damages.
• In the case that this concession land existed mineral resources which would be having high economic potential, government has the rights to terminate this agreement after negotiation made with the company.
• In the case that the company delays in payment on land fee beyond 06 months; the government has the rights to terminate this agreement without any compensation.
• In the case that the company fails to pay a deposit for securing the execution of this contract and fails to prepare and submit the Master Plan to Ministry as stated in the terms and conditions in this contract, the Government shall has the right s to terminate the contract unconditionally and without compensation for damages.

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