Contract between the Ministry of Agriculture, Forestry and Fisheries and Green Sea Industry Co., Ltd on Tectona Grandis Plantation Investment and Processing

• Cambodia

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

• Green Sea Agriculture Co. Ltd. (previously Green Sea Industry Co. Ltd.)

• Minister of Agriculture Forestry and Fisheries

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• English
• Khmer

• Stung Treng

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

Green Sea Industry Co., LTD

Address: Head Office at Mong Rithy Group, building 152S, Preah Norodom Blvd, Sangkat Tonle Basac, Khan Chamcar Morn, Phnom Penh. Tel: 012 810 099, Fax: 023 217 929.

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.
• Tax exemption 100% as stipulated in investment law of the Kingdom of Cambodia for the importation of materials and equipment machinery, raw materials, Chemical fertilizer and exportation of the products; Intervention for tax exemption or other taxes reducing to encourage the investment, which is stipulated in the investment law of the Kingdom of Cambodia at the present time as well as in the future.
• 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 land renting fee and tax as stipulated in accordance with article 4 of this contract until the termination
• Agreeing to pay for the research study and survey, and location plotting as stipulate 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
• Designing the location management and development plan for the Ministry no later than 12 months after the contract has been signed.
• This management plan shall have a master plan for land as well as development plan strategic, programs and technical use for long-term development
• The company will receive the respond from Ministry concerning to the management plan document within 60 working days after receiving the request from the company.
• The company shall have the right to use and process all remaining timber from concession land preparation with respect to the forest law.
• Operating business production on the actual business area according to the plan stipulated in its 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
• 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.

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.

• 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.
• Before clearing the land for the development activities, the investor shall obtain approval from the Ministry of Agriculture, Forestry and Fisheries for the logging, processing or transporting of trees found on the lands and pay royalties and premiums to the Ministry in accordance with the principles and Forestry Law in force.

• 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.

• The company shall have the right to terminate the contract in writing and inform to the Ministry without failing as follows: If the laws of the Kingdom of Cambodia could not provide the license or approval on the zone mapping and border demarcation of the land concession that are made by the Government or other governmental institutions or agencies concerned for use of the premise as describe in the provision, will be excluded, cancelled, postponed or changed the use of the premise in the investment project; and if the Ministry withdraws some parcels or whole site of the land concession that is developed by the company, the Government has to pay the compensation of the expenditure for this 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 two years starting from the date of agreement, the government shall have the right to terminate the agreement unconditionally and without compensation for damages.

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