Contract between the Ministry of Agriculture, Forestry and Fisheries and The Cambodia Haining Group Co., Ltd

• Cambodia

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

• Cambodia Haining Group Co. Ltd.

• Minister of Agriculture Forestry and Fisheries

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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

The Cambodia Haining Group Co., Ltd Building 46 Street 214, Phnom Penh. Tel:(855) 23 369 368, Fax: (855) 23 369 362

The Ministry of Agriculture, Forestry and Fisheries:

• Take necessary measures to relevant organizations to solve the eventual incidence of any offense that affects or violates the rights of the company to development and use of locations or part of locations in the contract framework.
• Monitoring: Contract performance, Environmental effect, and Technical work and production-business plan/program.
• Assist the company in request of approval from related authorities for functioning product improvement and production in its concession areas and help facilitate negotiation with third party.

The Company:

• Agreeing to pay the deposit and land rental fee as in provision 4 of this contract till its termination
• Agreeing to be responsible for all expenses as stated in the agreement
• Preparing production- business implementation as planned in technical-economic reports and in the contract
• Having the right to sell, buy, distribute and circulate all kinds of products both inside and outside the country in accordance with the state’s principles and laws in force and in the interests of the above-mentioned investment
• 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
• Having the right to use water (river, basin, lake, etc.) road and other public infrastructures existing in or outside the concession areas in conformity with Cambodian laws.
• Allowing the Ministry and Ministry of Environment to follow up, monitor and evaluate effects on environment following Environment Law of Cambodia.

The company has the right to recruit local labor or expatriate expert to direct or advice technical work of production/business as needed in conformity with Cambodian law.

• 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 technical training of its staff; workers and their families depended on technical needs of concession area development.

• 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.
• If the Ministry prevents the company from performing this contract, the company shall reserve the right to revoke the agreement and unconditionally withdraw all of investment capitals but discharges the contract duties of the Ministry.
• If the Ministry or third party prevents the company from punctually applying the agreement as scheduled, the company has the right to request the Ministry for delaying enforcement of the agreement with clear reason.

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