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Asia World Agriculture Development (Cambodia) Co.; Ltd, Concession, 2006 [English and Khmer versions]
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  • ocds-591adf-4127834210
  • February 25, 2017
  • English
  • Cambodia
  • The Ministry of Agriculture, Forestry and Fisheries
  • March 15, 2006
  • Contract
  • Concession Agreement
  • Other crops Teak (Tectona grandis)
  • -
Annotations
  • Arbitration and dispute resolution
  • Assignment or transfer
  • Cancellation or termination
  • Corporate headquarters
  • Country
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Company
  • Asia World Agriculture Development (Cambodia) Co.; Ltd
  • Cambodia
  • -
  • No1159, National road No2, Chak Angrai Leu Quarter, Mean Chhay District Phnom Penh
  • -
  • -
Associated Documents
No associated documents available.
Source
  • https://opendevelopmentcambodia.net/dataset/?id=9a...
  • Online - Open Development Mekong
29 Annotations
  • General
  • Environment
  • Fiscal
  • Social
  • Operations
  • Legal Rules
General
Corporate headquarters
No 1159, National road No2. Chak Angrai Leu Quarter, Mean Chhay District Phnom Penh
Page 1 ( Preamble )
Country
Cambodia
Page 1 ( Preamble )
Date - contract signature
15 March 2006
Page 7 ( Art. 18 )
Language
The contract has been made both in Khmer and English. In the event of discrepancy, the Khmer language version will prevail.
Page 6 ( Art. 17 )
Location
Sambour district, Kratu province. - X:632000 - Y:1430000 - X:633000 - Y:1422000 - X:651000 - Y:1422000 - X:651000 - Y:1430000
Page 1 ( Art. 1 ) , Page 2 ( Art. 1 )
Name of company executing document
Asia World Agricultural Development (Cambodia) Co; Ltd
Page 1 ( Preamble )
Renewal or extension of term
1 year prior to the expiration of the contract, Asia World Agriculture Development may ask to renew the investment. This renewable can only can take place once the government has approved it, based upon Asia World Agriculture Development's performance and the mutual agreement with the government on the new contract's terms and conditions.
Page 2 ( Art. 2.2 )
Resource(s)
Teak tree (Tectona grandis), other crops
Page 1 ( Art. 1 ) , Page 3 ( Arts. 3.1.1-3.1.2 )
Signatories, company
Mr Wan Ylu Ming, Director, Asia World Agricultural Development (Cambodia) Co.; Ltd
Page 1 ( Title )
Size of concession area
10,000 hectares
Page 1 ( Art. 1 ) , Page 2 ( 1 )
State agency, national company or ministry executing the document
The Ministry of Agriculture, Forestry and Fisheries
Page 1 ( Title )
Term
70 years
Page 2 ( Art. 2.1 )
Environment
Environmental monitoring
The government has the right and obligation to monitor the environmental impact of the project
Page 4 ( Art. 6.3 )
Environmental protections
Asia World Agricultural Development has the right ad obligation to implement business activities such as forest clearance, road construction, cultivation and maintenance by following sustainable conditions for natural resources of the location and environmental impact caused by the business production
Page 4 ( Art. 7.6 )
Fiscal
Custom duties
Machinery equipment, spare parts and chemical materials that are imported for the purpose of business production will incur additional taxes according to the laws of Cambodia
Page 4 ( Art. 7.9 )
Income tax: rate
Asia World Agricultural Development shall pay other taxes in accordance with the law in force in Cambodia
Page 3 ( Art. 4.4 )
Other - financial/fiscal
Asia World Agricultural Development shall pay a deposit of USD$ 1 dollar per hectare of the total area to guarantee the execution of the contract. This deposit shall be refunded once Asia World Agricultural Development completes the cultivation of the land according to the plan specified in Art. 3.2.
Page 3 ( Art. 4.1 )
Surface fees or rent
Asia World Agricultural Development shall pay the land fee annually according to the concessionary land rate defined by the government and competent institutions. The fee shall be paid annually.
Page 3 ( Art. 4.2 )
Social
Local employment
Asia World Agricultural Development must use local labor force in the event that there is no Khmer expert available, the right to hire foreign experts shall be granted following the law of Cambodia
Page 4 ( Art. 7.4 )
Protections or benefits for employees, dependents, or others
Asia World Agricultural Development has the right and obligation to focus on the livelihood, health and education of its employees, workers and their families by building suitable houses, hospitals, temples, schools and recreation centers
Page 4 ( Art. 7.5 )
Resettlement
Within the concession land, the land that is legally owned by local residents is not available for Asia World Agriculture Development's use unless a mutual agreement is reached. Asia World Agricultural Development will coordinate, exchange or compensate the local residents who own the land within 5 years of the contract being signed. During the implementation of the investment project on the concession area in case, if any land conflict occurs between Asia World Agriculture Development and local residents/people, competent authorities have the right to suspend the investment activities to solve the problems and protect the interest of people. For any conflict that occurs between military agency and local residents / people, the resolution have to give priority to residents / people.
Page 2 ( Art. 1.2 ) , Page 3 ( Art. 3.2 ) , Page 4 ( Art. 6.2 )
Sacred, cultural, or historical sites
National and cultural heritage sites such as mountains, reservoirs, forests and protected areas shall be executed from the company's use and preserved in their natural conditions. In the course of clearing the forest any precious items found shall be deemed as property of the state.
Page 2 ( Art. 1.3 ) , Page 6 ( Art. 16 )
Operations
Infrastructure
Asia World Agricultural Development shall be allowed to carry out all construction activities on the location in accordance with the law in force and in harmony with the goals in this contract. All construction of infrastructure such as dams and canals that may affect the surrounding areas shall be permitted by the government.
Page 5 ( Art. 8 )
Physical security or protection of property
The government has the right and obligation to intervene to address any problem involving those who commit offenses and violate Asia World Agriculture Development’s rights under the contract as to the usage or confiscation of any part of the location
Page 4 ( Art. 6.1 )
Legal Rules
Arbitration and dispute resolution
In case of dispute during the execution of this agreement, the government and Asia World Agricultural Development shall mediate and settle the dispute based on the rights and obligation of each party as stipulated in this contract. If the government and Asia World Agricultural Development cannot mediate or settle the dispute within 60 days the dispute shall be submitted to the Council for Development of Cambodia for mediation and reconciliation. If the Council for Development of Cambodia for mediation and reconciliation cannot settle the dispute in 30 days, the files of the dispute shall be sent to a competent court of Kingdom of Cambodia.
Page 5 ( Art. 11 )
Assignment or transfer
Asia World Agriculture Development is entitled to make a transfer to its successors. Legal successors are individuals who have been authorized by law to inherit from Asia World Agriculture Development, or individuals recognized by law as Asia World Agriculture Development's affinity.
Page 3 ( Art. 5 )
Cancellation or termination
If Asia World Agricultural Development faces a situation beyond its control it can terminate the contract with the approval of the government. The government has the right to terminate the contract unconditionally and without compensation if Asia World Agricultural Development fails to implement the activities stipulated in the contract at the passing of 1 year from the date of the contract. The contract shall automatically terminate on 15th of March 2076.
Page 5 ( Art. 10.1 ) , ( Art. 10.3 ) , Page 7 ( Art. 18 )
Governing law
The contract shall be governed by the laws of Cambodia
Page 6 ( Art. 13 )
Hardship clause or force majeure
If Asia World Agricultural Development is not able to perform its duties under the contract in part or in whole due to force majeure, Asia World Agricultural Development shall notify the government in writing, specifying the reasons. Its obligations shall be temporarily suspended during this period. The term "Force Majeure" refers to fire, flood, storm, war, earthquake, civil unrest, insurgency, strike, explosion, epidemic and other events or circumstances beyond the control of the two parties.
Page 6 ( Art. 15 )

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URL : https://openlandcontracts.org/contract/ocds-591adf-4127834210