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Pheapimex Co., Ltd, Concession, 1998
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  • ocds-591adf-8504865632
  • September 02, 2016
  • English
  • Cambodia
  • Minister of Ministry of Agriculture, Food and Fisheries
  • June 12, 1998
  • Contract
  • Concession Agreement
  • Timber (Wood) Bamboo
  • -
Annotations
  • Arbitration and dispute resolution
  • Assignment or transfer
  • Audit mechanisms - financial obligations
  • Cancellation or termination
  • Community consultation
View all Annotations
Company
  • Pheapimex Co., Ltd
  • Cambodia
  • -
  • #17 Road No. 55 Sangkat Chaktomok, Khan Donpenh, Phnom Penh Municipal
  • -
  • -
Associated Documents
No associated documents available.
Source
  • https://data.opendevelopmentmekong.net/dataset/b55...
  • Online - Open Development Cambodia
33 Annotations
  • General
  • Fiscal
  • Social
  • Operations
  • Legal Rules
General
Corporate headquarters
# 17 Road No. 55 Sangkat Chaktomok, Khan Donpenh, Phnom Penh Municipal
Page 11 ( Preamble )
Country
Cambodia
Page 11 ( Title )
Date - contract signature
12 June 1998
Page 11 ( Title )
Language
Khmer and English. If conflict, English language to be principal.
Page 15 ( Art. 23 ) , ( Art. 23 )
Location
Battambang and Bantey Mean Chey Provinces
Page 11 ( Preamble )
Name of company executing document
Pheapimex Co.., Ltd
Page 11 ( Preamble )
Project title
Battambang and Bantey Mean Chey
Page 11 ( Preamble )
Renewal or extension of term
The 25 year term could be continued on the same conditions
Page 11 ( Art. 4.1 )
Resource(s)
Bamboo
Page 11 ( Preamble )
Signatories, State
Tao Seng Hour (Minister of MAFF). Ing Hourt (First Prime Minister) and Hun Sen (Second Prime Minister)
Page 15 ( Signature block ) , Page 17 ( Annex )
Signatories, company
Lao Meng Khin, Director, Pheapimex Company
Page 15 ( Signature block ) , ( Signature block )
Size of concession area
300,000 hectares. 70,000 hectares in Ban Tey Mean Chey. 230,000 hectares in Battambang.
Page 11 ( Preamble ) , Page 16 ( Annex ) , ( Annex )
State agency, national company or ministry executing the document
Minister of Ministry of Agriculture, Forestry and Fisheries
Page 15 ( Signature block )
Term
Bamboo concession land has a duration of 25 years from the first step
Page 11 ( Art. 4.1 )
Type of contract
Investment Agreement
Page 11 ( Title )
Year of contract signature
1998
Page 11 ( Title )
Fiscal
Audit mechanisms - financial obligations
Accountancy is to be conducted in accordance with international standards
Page 12 ( Art. 7.3 )
Royalties
Royalties are payable on the processing of bamboo. Pheapimex had to pay in monthly duration of 30 days by the end of the month. The government has the right to change the royalty rate. Pheapimex will be informed of a new royalty rate by letter two months in advance.
Page 12 ( Art. 8 )
Social
Community consultation
If any concession land belongs to local people the company has no right to use that land without their agreement
Page 11 ( Art. 3.1 )
Local development agreement
Power authorities have agreed that some parts of the concession land limited to their use can be kept for use as a government development area
Page 11 ( Art. 3.2 )
Local employment
Pheapimex must use Khmer workers only. The government can allow foreign workers if not enough Khmer technical workers can be found. The government will provide documents, letters and visas and other necessary documents to Pheapimex and internal workers.
Page 12 ( Art. 10.2 ) , ( Art. 10.1 ) , ( Art. 10.1 )
Sacred, cultural, or historical sites
If bamboo forest areas are taken for public use, such as national parks, Pheapimex cannot use them
Page 13 ( Art. 13 )
Training
Pheapimex is to train local workers
Page 12 ( Art. 10.3 )
Operations
Infrastructure
Pheapimex has the right to construct houses, garage workshops, other buildings, ports and other systems. Pheapimex can construct buildings as necessary in side the bamboo concession land including building roads for bamboo production work, digging small streams, pounds for storage of bamboo, garages for repair, office and other house for workers, schools, hospitals and pagodas, other infrastructure for running the paper industry such as factories, water supply, electricity, government buildings and work systems. Road and other transportation infrastructure built by Pheapimex within the bamboo concession needs to be inspected.
Page 12 ( Art. 6 ) , Page 13 ( Art. 12.3 ) , ( Art. 12.2 )
Infrastructure - third party use
The government, military and local people have rights to use any such roads. Traffic laws will be made after discussion between Pheapimex and the government.
Page 13 ( Art. 12.3 )
Land use outside of concession area
Pheapimex has the right to rent land outside the concession area to build factories that have been designed by Pheapimex
Page 12 ( Art. 6 )
Physical security or protection of property
Pheapimex may have crime committed against it by third parties
Page 14 ( Art. 13 )
Work and investment commitments
Pheapimex is to have a capital amount of US$ 12,000,000 for infrastructure and to run the paper production factory
Page 11 ( Art. 2 ) , ( Art. 1 )
Legal Rules
Arbitration and dispute resolution
If there is a change in law or other dispositions cause Pheapimex's rights or obligations to change (under this contract or another one) or if Pheapimex’s capital or Prakas are obstructed or cut down, the government will rehabilitate Pheapimex
Page 14 ( Art. 14 )
Assignment or transfer
Government permission is required to transfer all or any part of the bamboo concession lands to any sub-contractor or other company or third party
Page 11 ( Art. 4.2 )
Cancellation or termination
Pheapimex can cancel the contract if it needs to send employees out of Cambodia. The government can cancel the contract if Pheapimex breaches the contract or does not begin business within one year since the date of this contract. The government can cancel the contract without paying any compensation if Pheapimex does not respect comply with the conditions of Cambodian law.
Page 13 ( Art. 11.3 ) , ( Art. 11.1 ) , ( Art. 11.4 )
Hardship clause or force majeure
If there is missing or delay in period of complete the job or any party's obligation that happened event over their management, and this missing is no accept as committed the crime and agreement. This event including uncertainty (no limited) striking, ware, enemies, and other activities of government and will protected and practice of any party's obligation.
Page 14 ( Art. 16 )
Stabilization
If there is a change in law or other dispositions cause Pheapimex's rights or obligations to change (under this contract or another one) or if Pheapimex’s capital or Prakas are obstructed or cut down, the government will rehabilitate Pheapimex
Page 14 ( Art. 14 )

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