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Golden Land Development Co., Ltd, Phnom Srouch district, Kampong Speu province, Concession, 2004
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  • ocds-591adf-0082364168
  • February 24, 2017
  • English
  • Cambodia
  • Ministry of Agriculture, Forestry and Fishery
  • March 04, 2004
  • Contract
  • Concession Agreement
  • Fruit Trees Livestock
  • #46
Annotations
  • Arbitration and dispute resolution
  • Assignment or transfer
  • Cancellation or termination
  • Corporate headquarters
  • Country
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Company
  • Golden Land Development Co., Ltd
  • -
  • -
  • 242, Russian Federation Boulevard, Sangkat Kakab, Khan Dangkor, Phnom Penh
  • -
  • -
Associated Documents
No associated documents available.
Source
  • https://opendevelopmentcambodia.net/dataset/?id=5a...
  • Online - Open Development Cambodia
33 Annotations
  • General
  • Environment
  • Fiscal
  • Social
  • Operations
  • Legal Rules
General
Corporate headquarters
242, Russian Federation Boulevard, Sangkat Kakab, Khan Dangkor, Phnom Penh
Page 2 ( Title )
Country
Kingdom of Cambodia
Page 1 ( Title )
Date - contract signature
4 March 2004
Page 8 ( Art. 18 )
Language
Khmer and English. Khmer language will prevail.
Page 7 ( Art. 17 ) , ( Art. 17 ) , ( Art.17 )
Location
Phnom Sroch district, Kampong Speur. A: X 428000 Y: 1244000 B: X 431000 Y: 1244000 C: X 431000 Y: 1242000 D: X 432500 Y: 1240000 E: X 432500 Y: 1231000 F: X 428000 Y: 1231000 The government and Golden Land Development shall cooperate to investigate and limit the boundaries of the land area within 3 months after the contract is signed.
Page 1 ( Title ) , Page 2 ( Art. 1 ) , Page 3 ( Art. 1 ) , ( Art. 1.4 )
Name of company executing document
Golden Land Development Co, Ltd
Page 2 ( Title )
Renewal or extension of term
The government has the right to renew the contract after 70 years. Within 1 year before expiration of the contract, Golden Land Development has the right to renew the contract. The continuation of the contract can only be done if there is permit from the government following Ministry of Agriculture, Forestry and Fishery's request on the base of the previous implementation of Golden Land Development with discussion and agreement from Ministry of Agriculture, Forestry and Fishery on term for the new agreement.
Page 3 ( Art. 2.2 )
Resource(s)
Agro-industrial plantation, planting fruit trees, raising animals
Page 3 ( Art. 3.1.1 ) , Page 4 ( Art. 3.1.2 )
Signatories, State
Chan Sarun, Minister of Agriculture, Forestry and Fisheries
Page 8 ( Signature block )
Signatories, company
Chang Yi Fin, Golden Land Development Co., Ltd
Page 8 ( Signature block )
Size of concession area
4,900 hectares
Page 2 ( Art. 1 ) , Page 3 ( Art. 1 )
State agency, national company or ministry executing the document
The Ministry of Agriculture, Forestry and Fisheries
Page 2 ( Title )
Term
70 years
Page 3 ( Art. 2.1 )
Environment
Environmental monitoring
Golden Land Development shall allow the Ministry for Agriculture, Forestry and Fisheries and other relevant authorities to follow up, manage and assess the environmental impact. Golden Land Development shall follow instruction of the Ministry of Agriculture, Forestry and Fisheries and other relevant authorities involved with the environmental protection.
Page 6 ( Art. 7.10 )
Environmental protections
In implementing its production and exploitation work, such as forest clearing, road construction, and planting, Golden Land Development shall respect the condition of natural resource sustainability and environmental impact derived from production-exploitation work
Page 6 ( Art. 7.6 )
Fiscal
Custom duties
Any import or machinery, spare part, chemical substances for consuming the production-exploitation chain in relation with tax payment is subject to the laws of the Kingdom of Cambodia
Page 6 ( Art. 7.9 )
Income tax: other
Golden Land Development is obliged to pay the state other tax in accordance with effective law of the Royal Government of Cambodia
Page 4 ( Art. 4.4 )
Other - financial/fiscal
Golden Land Development shall deposit US$1 per hectare on the total area of the land as stated in Art. 1 to guarantee the implementation of the contract. The deposit shall be paid no later than 3 months after signing the contract. This deposit will be reimbursed when Golden Land Development finishes cultivation following Art. 3.2. To seek capital from local or foreign banks to expand investment, Golden Land Development has the right to mortgage its plantation and property spent on the land concession to secure a loan.
Page 4 ( Art. 4.1 ) , Page 5 ( Art. 5.4 )
Royalties
Golden Land Development shall ask the government's permission to cut down, process or transport trees on the land, and shall pay a royalty to the government on the basis of the forestry law
Page 7 ( Art. 16.1 )
Surface fees or rent
Golden Land Development shall pay yearly rent over the land following rent over land concession defined by the government or by the competent authorities
Page 4 ( Art. 4.2 )
Social
Local development agreement
Golden Land Development shall take care of living and health of employees, workers and their families. It is required to build accommodation, hospital, pagoda, school, and entertainment for them.
Page 5 ( Art. 7.5 )
Local employment
Golden Land Development has the right to recruit labor forces or local technicians for advise or technical training about production-exploitation if it needs, by complying with the laws of the Kingdom of Cambodia. If there are no Cambodian technicians, Golden Land Development has the right to hire foreign technicians.
Page 5 ( Art. 7.4 )
Protections or benefits for employees, dependents, or others
Golden Land Development shall take care of living and health of employees, workers and their families. It is required to build accommodation, hospital, pagoda, school, and entertainment for them.
Page 5 ( Art. 7.5 )
Resettlement
The land can be used by Golden Land Development is not involved with the people who are entitled to the land ownership and the reserved natural land. The land owned by people shall be detached from Golden Land Development’s land, or Golden Land Development is able to cooperate with the people for mutual benefit. If there is abuse on the land concession illegally, Golden Land Development has the right to complain with the competent authorities.
Page 3 ( Arts. 1.1-1.2 )
Sacred, cultural, or historical sites
The cultural heritage, such as mountainous land, water basin, forest land and other protected natural areas, shall be cut from the company land or remain naturally as it was. During clearing the land for production-exploitation work if Golden Land Development finds gem stones, gold or cultural heritages of any race on the land or under the ground shall consider as the state property.
Page 3 ( Art. 1.3 ) , Page 7 ( Art. 16.2 )
Operations
Infrastructure
Golden Land Development is allowed to build constructions on its location following the effective law of the Kingdom of Cambodia and following the production and exploitation objectives as stated in article 3. Construction as part of the project includes building a processing factory. All the infrastructure, such as dams and dikes, which could affect the surrounding, shall obtain permission from the Ministry of Agriculture, Forestry and Fisheries or the relevant authorities. All immobile property and infrastructure as well as all achievements created by Golden Land Development shall under the management of Golden Land Development until the Contract validity expires.
Page 4 ( Art. 3.1.3 ) , Page 6 ( Art. 9 ) , ( Art. 8.2 )
Work and investment commitments
In the first 6 years, Golden Land Development shall use the following amounts of land: Year 1: 600 hectares Year 2: 700 hectares Year 3: 800 hectares Year 4: 900 hectares Year 5: 900 hectares Year 6: 1000 hectares
Page 4 ( Art. 3.2 )
Legal Rules
Arbitration and dispute resolution
If any problem occurs upon the implementation of the contract, the government and Golden Land Development will settle the problem in accordance with the rights and obligations mentioned in the contract. If the government and Golden Land Development cannot find any solution to the dispute within 60 days, the dispute will be submitted to the CDC for reconciliation and compromise. If the CDC cannot resolve the conflict within 30 days after receiving a proposal, the government and Golden Land Development shall go to court of the Kingdom of Cambodia for legal judgment.
Page 7 ( Art. 11 )
Assignment or transfer
Golden Land Development can transfer to its successor. "Successor" means any personality Golden Land Development handed over the inheritance to or who was recognized by law as relatives. Ministry of Agriculture, Forestry and Fishery shall be notified at least within 6 months before transferring or decision to successor. If Golden Land Development leases or transfers the Contract, Golden Land Development shall comply with the investment law of the Kingdom of Cambodia and approval from the CDC following the Ministry of Agriculture, Forestry and Fisheries request.
Page 4 ( Art. 5.1 ) , Page 5 ( Art. 5.3 )
Cancellation or termination
Notice of the expiration of the contract shall be given within 1 year, or during the last year of the contract's validity. Golden Land Development has the right to withdraw from the whole project or partly in uncontrollable condition after receiving agreement from the Ministry of Agriculture, Forestry and Fisheries. The withdrawal or sale of factories materials cargoes ships and other transport facilities and installed materials shall be done following the law. If Golden Land Development fails to start its operation within 1 year after the contract is signed, the government has the right to revoke the contract without reason, and no compensation is made for any damage. Such suspension means Golden Land Development's deposit will be confiscated and become state property.
Page 3 ( Art. 2.1 ) , Page 6 ( Art. 10.1 ) , ( Art. 10.3 )
Governing law
The contract is governed by the laws of the Kingdom of Cambodia
Page 7 ( Art. 13 )
Hardship clause or force majeure
If Golden Land Development cannot fulfil its obligations in accordance with the contract, Golden Land Development shall notify the Ministry of Agriculture, Forestry and Fisheries in writing. Force Majeure means water, fire, flood, storm, war, earthquake, upheaval, uprising, rebel, explosive, pandemic of any disease, or any circumstance that go beyond the Golden Land Development management.
Page 7 ( Art. 15 )
Reporting requirements
Golden Land Development shall outline a management and development plan on the location and submit the plan to the Ministry of Agriculture, Forestry and Fisheries in 6 months after the contract is signed. The management plan shall include a master plan for the development-strategy program on the utilization of location, other technical and balance of economy-financial planning in the process of the long-term development (processing period until all the land used and postponement period).
Page 5 ( Art. 7.3 )

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