Haiphong department of transport

_{8.5.2. FINE FOR ENVIRONMENTAL NON-COMPLIANCES}

Minimum fine for minor offences (e.g. littering, failure to use ablutions provided).	VND 5 Millions
Minimum fine applicable to moderate offences (e.g. Collection of firewood, small oil spills and any offence in an area declared as an ECO)	VND 20 Millions
Minimum fine applicable to serious offences (e.g. Large oil spills, any other offence related to the exclusion zones on site).	VND 50 Millions
Fine applicable for damage to significant features (e.g. Pollution of water resources)	1% of the contract value

For minor infringements - an incident which causes temporary but reversible damage - the Contractor will be given a reasonable period of time to remediate the problem and to restore the environment. If restoration is done satisfactorily during this period, no further actions will be taken. If it is not done during this period, the Chief Engineer, in consultation with the Owner, will immediately arrange for another contractor to do the restoration, and deduct the cost from the offending Contractor’s next payment. For major infringements - an incident where there is long- term or irreversible damage - there will be a financial penalty in addition to the cost for restoration activities. To minimize the damage, the restoration activities will be implemented without delay.
The compliance framework will be applied as follows:
 The Engineer will identify or be notified of an infringement (by a community member, local government, daily inspections).
 The Engineer in consultation with the Chief Engineer and the Owner will assess whether it is a minor or major infringement.
For minor infringements:
 The Engineer will establish the required mitigation measures, and the time period, which is a maximum of two days (this could be extended at the judgment of the Engineer), to remedy the situation.
 The Chief Engineer will review the recommendation and confirm (i) the level of infringement (minor/major); (ii) the mitigation measures; and (iii) the mitigation time period. If they do not agree, they will work with the Owner to reach mutually acceptable recommendations.
 The Contractor will be informed of the infringement, the required mitigation measures, and time period for resolution.
 The Contractor shall remedy the infringement in accordance with the recommendations within the agreed time period.
 The Engineer shall confirm the infringement is satisfactory remedied in the time period, and inform the Chief Engineer who will independently confirm.
 If the infringement is not remedied satisfactorily in the time period the Engineer shall inform the Chief Engineer and the Owner. The Owner shall immediately arrange for a separate contractor to undertake the necessary works and the cost of this shall be deducted from the next

payment to the offending contractor.

For major infringements:
 The Engineer shall immediately inform the Chief Engineer of the incident.
 The Chief Engineer shall inform the appropriate provincial authorities if appropriate.
 The Chief Engineer in consultation with the Owner and the Engineer and other provincial authorities as appropriate, shall agree upon mitigation and clean up measures to be undertaken immediately by the Contractor or by specialists to be procured at the Contractor’s expense. To minimize the environmental impacts the restoration activities should be completed within seven days.
 The Chief Engineer shall apply a financial penalty, not to exceed 1% of the Contract value, for each major infringement, in addition to any costs associated with the infringement not borne by the Contractor.
In addition, for major infringements which cause long-term or irreversible damage, the contractor is liable for additional penalties related to the cost of environmental damage as may be decided by the competent authorities.

Any conflicts between the Contractor, Chief Engineer and Engineer will be resolved by the Owner. The Contractor will adhere to the Vietnam’s environmental legislation and World Bank's safeguards

policies and all related regulations, standards and good practice guidelines. In case of significant

differences between WB policies and Vietnam’s environmental legislation, which are relevant to the conduct of the project, the Contractor will notify the Owner, who, after consultation with WB and relevant authorities, will inform the Contractor how to proceed.

Unscheduled inspections of all works and installations may be carried out by representatives from the Owner at any time. The country’s relevant authorities will have the right for unscheduled site inspections and compliance checks, as well as the leveling of fees and fines for non-compliance.
The Contractor will employ sufficient numbers of qualified environmental staff to ensure environmental compliance with EMP and EIA, perform day-to-day management and supervision of works, conduct dialogue with designer, construction management and authorities, and manage environmental monitoring and reporting. The CVs of key staff (environmental/EHS manager and deputy) will have to be approved by the Owner and the Engineer before staff may be mobilized to site.
9. MEASUREMENT AND PAYMENT
9.1. MEASUREMENT
Environmental Monitoring shall consist of the undertaking and reporting of all aspects as described above both at baseline and during the Project in accordance with this specification.
Environmental Management shall consist of implementing the CEMP fully in conformity with this

Specification section.

It shall not be measured but shall be paid as a Lump Sum. To receive this payment, the Contractor shall ensure full compliance with all requirements of the CEMP. Payment will be made in installments as follows:
 10% (ten percent) upon submission and approval of the CEMP;

 65% (sixty five percent) paid on a monthly basis in equal installments. Payment will only commence after approval of the Construction Environmental Management Plan (CEMP). It shall be paid with the Monthly Certificates. If the Contractor has failed to implement the CEMP fully, this payment will be reduced according to the determination of the Engineer; and

 25% (twenty-five percent) immediately after the issue of the Taking Over Certificate.
The Engineer may at any time withhold payments if (in the opinion of the Engineer) work rendered is not in compliance with the requirements and procedures of this Specification.
9.2. PAYMENT
The cost of meeting requirements under this Specification section shall be included in the pay items shown below.

Pay Item	Description	Unit
01700-1	Environmental Monitoring and management	Lump sum

02400 - PROTECTION OF EXISTING ROADS AND STREETS

GENERAL
The Contractor and his Subcontractors and suppliers will need to travel across roads outside the Site to deliver plant and materials to the site.
This work consists of the protection of all roads within the vicinity of the Site together with any other roads over which the contractor’s plant and material is transported.
The Contractor shall obtain all the necessary approval and arrangements with the respective provincial authorities regarding work to be carried out and take all the necessary precautions to avoid damage.
2. SCOPE OF WORK
Contractor’s Vehicles carrying plant and material over government controlled roads and surface streets shall comply with the vehicle weight limit requirements set out in the Government legislation relating to vehicle weights, and with any other vehicle weight limit requirements imposed by duly constituted authorities on whose roads such vehicles operate.
The Contractor shall, prior to commencement of work on the Site, submit evidence to the Engineer that the approvals of the relevant Authorities have been obtained for the haulage of plant and materials over surface streets along nominated routes.
3. VEHICLES WITH EXCESS AXLE LOADS
The operation of vehicles with excess axle loads shall be limited to their use in association with the construction of sections of embankment. Such operations shall be limited to vehicles which are loaded within the Site only.
Vehicles with excess axle loads will not be permitted to travel along or across any existing pavement or over any concrete structure without the approval of the Engineer in writing. Caution shall be exercised in relation to the operation of such vehicles over drainage or other structures.
The operation of vehicles with excess axle loads on sections of road under construction shall cease when trimming of the subgrade is complete
4. RECTIFICATION OF DAMAGE CAUSED BY CONTRACTOR’S VEHICLES
Existing public roads and bridges which are use by the Contractor in the course of his transport and haulage operations in performing the Works, including existing bridges strengthened by the Contractor, temporary bridges constructed by the Contractor and quarry access roads subjected to additional heavy loading as a result of the Contractor’s activities, shall be fully maintained by the Contractor at his own expense throughout the duration of the Works and shall be left in a condition of serviceability, quality and amenity such is no worse than before the Contractor’s operations were commenced. Temporary bridges constructed by Contractor under this Section of Specification shall not be removed by the Contractor at the completion of the Works unless directed otherwise by the Engineer.
Each report of damage allegedly caused by the Contractor shall be investigated by the Contractor and Engineer jointly. If the Engineer then determines the road or structure damage was caused by the Contractor, he/she shall direct the Contractor to repair the road at the cost of the Contractor. The type of repair will be advised by the Engineer.
5. CONSTRUCTION OF TEMPORARY ROADS AND BRIDGES
All existing roads and bridges either adjacent to or leading to the site of the works that are traversed by the Contractor’s construction plant and equipment must be kept open for traffic and are maintained in a safe and usable condition. In certain circumstances existing structures may need to be strengthened and temporary bridges and embankments may need to be constructed during the construction period to facilitate the transportation of the Contractor’s plant and equipment, to and from the site of works.
When existing structures are required to be strengthened or temporary bridges and embankments are required to be constructed, the Contractor shall submit a detailed schedule of the temporary works required, details of the proposed execution methodology and the proposed start and finish dates for the strengthening or construction of each structure for the approval of the Engineer.
6. METHOD OF MEASUREMENT AND BASIS OF PAYMENT
No separate payment will be made for the maintenance of adjacent road and bridges executed in accordance with this Section of the Specifications. The cost of this work shall be included in the Unit Prices of all other Pay Items included in the Contract, which prices shall be deemed full compensation for furnishing all materials, labour, equipment, tools, and other incidentals necessary for the maintenance of roads and bridges adjacent to the Contract which are used by the

Contractor in his haulage operations, including where required, strengthening of existing bridges, installation and maintenance of temporary bridges of other installations, and for traffic control during the performance of the haulage operations and the removal of any traffic controls upon completion of the Works.

Failure of the Contractor to repair roads damaged by the Contractor’s vehicles, plant and equipment in the performance of these works will entitle the Engineer to carry out such work as he deems to be necessary and to charge the Contractor with the full cost plus 10 % (ten percent) of such cost.

03300 - BORROW MATERIALS

1. DESCRIPTION

This Specification section describes requirements and procedures for the clearing of borrow area and the excavation and hauling of material. Borrow areas include the area legally obtained by the Contractor and approved by the Engineer. The Contractor shall use the suitable material from borrow pits for constructing embankment, backfill, subgrade, shoulders and other parts of the

work as required by the Drawings or the Engineer. Borrow will be resorted to only when shown on the Drawings or directed by the Engineer, and then only from approved sources.
2. CONSTRUCTION REQUIREMENTS

(a) During construction, the drainage of the borrow area shall remain functional as far as is practicable.

(b) Unless otherwise directed by the Engineer, prior to starting of any clearing and excavation in borrow area, the Contractor shall submit and obtain the Engineer's approval of his plan of earthwork operation which shall include but not necessary be limited to:
 The approximate dimensions and depths of borrow pit excavations anticipated;

 Drainage details,

 Pit and slopes that will remain when the excavation has been completed;

 The excavation methods, limits, volume and depths for each stage,

 The construction of detours and temporary or permanent drainage facilities, retaining walls and soil-water conservation,

 The establishment of safety measures and the proposed progress of excavation,

(c) If the Engineer determines that the proposed pit operation will create an unsightly appearance or other damaging effect, the Contractor's plan and/or the borrow area may be rejected.

(d) During excavation and hauling, the Contractor shall dig temporary ditches for intercepting or draining out rainstorm water to avoid irregular flowing or flooding.

(e) Before any borrow is excavated, the Contractor shall clear the ground surface of the borrow area and notify the Engineer to jointly make an area survey of the topography.

(f) The excavation operation shall be performed from up to down in layers. Excavation of the toe of slopes will not be allowed. The depth of layer shall be 3 to 5 meters; and after the excavation of each stage has been completed, the pit slopes shall be shaped and vegetated to prevent the erosion.

(g) In the borrow operation, the excavation face of each layer shall at all times be kept at a proper downward slope and the temporary interception ditches shall be established to divert the surface runoff into the existing drainage ditches. Such measures shall be provided to prevent surface runoff from directly or irregularly flowing over the hill slope surfaces and causing the flowing of massive soil-stones that could endanger the safety of nearby public or private properties and lives.

(h) The Contractor shall take full responsibility and pay for compensation for any damages and losses caused by improper construction and inadequate safety and protection measures or by improper operation methods or mistakes.

(i) During borrow operations haul roads shall be maintained. Where necessary water spraying shall be provided to prevent the rising of dust. Haul road surfaces shall at all times be kept in a neat and clean condition.

(j) All construction plant, trucks and transportation facilities shall, before entering public paved roads, have the body and the tires washed and cleaned.

(k) Trucks used for hauling borrow materials and shall not be overloaded.

(l) Trucks used for hauling borrow materials shall be covered with canvas tarps to prevent hauled materials from being inadvertently blown or dropped.

(m) Anything related to the control of noise, pollution, dust and public nuisance, and to the environment protection and hygiene shall comply and conform to the laws or regulations issued by the competent governmental agencies concerned and appropriate requirements of Specification section 01700 “Environmental Control and Protection”.

(n) After the use of a borrow area is completed, the Contractor shall take the responsibility for the recovery of damaged facilities, landscape and ecology. No separate payment will be made for complying with this requirement.

(o) The Contractor shall not obtain borrow material from locations other than borrow areas.

(p) For sand material borrowed from the river by dredging method, the Contractor and his subcontractors and suppliers shall comply with all Government legislation regarding environmental protection of the river and its banks.

3. MEASUREMENT AND PAYMENT

The excavation and hauling of Borrow will not be paid separately but deemed to be included in the unit prices of the embankment as specified in Specification section 03400 “Embankment Construction” or in the unit price of the surcharge as specified in Specification section 03970 “Soft Soil Improvement Measures” or any other pay items in which borrow materials are included.

APPENDIX 4: TERMS OF REFERENCE FOR SUPERVISION CONSULTANT’S WORKPLACE SAFETY AND ENVIRONMENT SUPERVISOR

In order to prevent harm and nuisances on local communities, and to minimize the impacts on the environment during the construction and operation of the Bac Son - Nam Hai East-West Link road, the following shall be adhered to by all contractors and their employees:

• 
  The Environmental Impact Assessment (EIA) for Bac Son – Nam Hai East-West Link road;
  
• 
  The Environmental Management Plan (EMP) of the Bac Son – Nam Hai East-West Link road including site specific measures identified the EMP;
  
• 
  The mitigation measures included in project design and bill of quantities;
  
• 
  The specifications, procedures, and best practices included in the EMP. These specifications complement the technical specifications included in the civil works contracts
  
• 
  Applicable Vietnamese regulations and standards;
  
• 
  The Resettlement Action Plan (RAP) for the project.
  

Objective of the Assignment

The Consultant is to provide professional technical services to help ensure effective implementation of the Environmental Management Plan (EMP) and the environmental specifications. The implementation of the EMP will involve three parties:

1. 
   The Contractor’s Workplace Safety and Environment Officer (SEO) responsible for implementing the EMP and other construction related environmental and safety issues;
   
2. 
   The Consultant’s Supervision Team (CST) who are responsible for supervising and monitoring all construction activities and for ensuring that contractors comply with the requirements of the contracts and the EMP. The CST will include environmental engineers led by a Workplace Safety and Environment Supervisor (SES);
   
3. 
   A Client’s Independent Environmental Monitoring Consultant (IMC), who will carry out environmental monitoring twice a year on all environmental-related issues regarding the contractor’s works. The IMC will check, review, verify and validate the overall environmental performance of the project through regular inspections and review. This review will provide confirmation that the reported results are valid and that the relevant mitigation measures and monitoring program provided in the Project EMP are fully complied with. They will also supply specialized assistance to the client in environmental matters.
   

Scope of Services of Workplace Safety and Environment Supervisor (SES):

The general services to be provided by the SES is to inspect, monitor and audit the construction activities¹ to ensure that mitigation measures adopted in the EMP are properly implemented, and that the negative environmental impacts of the project are minimized.

The contractor has the responsibility for ensuring compliance with the project EMP and contract conditions while undertaking the works. This is overseen by the SES. The SES is therefore to be an independent monitor to ensure compliance with the EMP and to ensure adequate performance of the contractors on environmental issues.

The SES shall have extensive knowledge and experience in environmental supervision, monitoring and auditing to provide independent, objective and professional advice to the client on the environmental performance of the project. The SES shall be familiar with the project works through review of the relevant reports, including the EIA, EMP as well as project technical specifications and contract documents.

The SES is expected to perform the following duties:

Phase I: Preconstruction

The objective of Phase I is to lay the groundwork for the successful execution of the project. In this phase, the SES shall: (i) review the EIA, EMP, project designs and technical specifications and confirm that there have been no major omissions of mitigation measures; (ii) prepare guides for contractors on implementing the EMP; and (iii) develop and execute a training program for all involved in construction activities.

The main tasks in this phase are:

Review of Project Documents: The SES shall review the EIA, EMP, RAP, project designs and technical specifications and confirm that there have been no major omissions of mitigation measures. If any issues are identified, the SES shall propose updates to the EMP and the design and technical specifications to address these issues. Once approved by PMURTW, the SES shall update the EMP.

Environmental Supervision Checklist: The SES shall establish a comprehensive checklist which will be used during the construction of the project to monitor the contractor’s performance. This shall cover major aspects of the project, required mitigation/control measures and their implementation schedule.

Log-Book: The SES shall keep a log-book of each and every circumstance or change of circumstances which may affect the environmental impact assessment and non-compliance with the recommendations made by the SES to remediate the non-compliance. The log-book shall be kept readily available for inspection by all persons assisting in the supervision of the contracts. The IMC shall verify the log-book as part of his environmental audit.

EMP: The SES will pay particular attention to the specific provisions in each contract’s technical specifications ensuring they are understood and followed and the EMP is complied with.

Health and Safety: The health and safety requirements of the project shall be clearly identified and communicated to the Contractors and PMURTW. These are included in the technical specifications.

Environmental Training: The SES shall design and execute a comprehensive training program for:

• 
  Supervision Engineers
  
• 
  PMURTW staff
  

Contractor’s staff (including workers) on the environmental requirements of the project, and how they will be supervised, monitored and audited.

At the conclusion of the training, contractors will sign a statement acknowledging their awareness of the environmental regulations, the EMP, the compliance framework, and health and safety obligations. The CST shall sign a similar statement confirming their understanding of the supervision responsibilities. This shall be provided to PMURTW.