Haiphong department of transport

4.2. ENVIRONMENTAL RESPONSIBILITIES OF THE CONTRACTORS

39. 
    The Contractors, its sub-contractors shall minimize the impact caused by the construction activities by implementation of the mitigation measures set down in this EMP to prevent adverse impacts on local environment and communities.
    
40. 
    Duties of the Contractor and Sub-Contractors include but are not be limited to:
    

(i) Compliance with Vietnamese relevant legislative requirements on the environment, public health and safety;

(ii) Work within the scope of contractual requirements;

(iii) Organize representatives of the construction team to participate in the joint site inspections undertaken by the SES;

(iv) Carry out corrective actions instructed by the EMS or the SES;

(v) Provide and update information to the EMS regarding works activities which may contribute, or be continuing to the generation of adverse environmental impacts;

(vi) In case of non-compliances, carry out investigation and submit proposals on mitigation measures, and implement remedial measures to minimize environmental impact;

(vii) Stop construction activities which generate adverse impacts upon receiving instructions from the EMS or the SES. Propose and carry out corrective actions and implement alternative construction method, if required, in order to minimize the environmental impacts; major non-compliance by the Contractors will be cause for suspension of works and other penalties until the non-compliance has been resolved to the satisfaction of the EMS.

41. 
    Comply fully with Environmental Specifications. Detailed Environmental Specifications for Contractors are included in Appendix 3.
    

4.3. RESONSIBILITIES OF CONTRACTORS’ SAFETY AND ENVIRONMENT OFFICER (SEO)

42. 
    The Contractor shall be required to appoint a Contractor‘s on-site Safety and Environment Officer (SEO). The SEO must be appropriately trained in environmental management and must possess the skills necessary to transfer environmental management knowledge to all personnel involved in the contract. The SEO will be responsible for monitoring the Contractor‘s compliance with the EMP requirements and the environmental specifications.
    
43. 
    Duties of the SEO shall include but not be limited to the following:
    

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  Carry out environmental site inspections to assess and audit the Contractors' site practice, its equipment and work methodologies in terms of pollution control and adequacy of environmental mitigation measures;
  
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  Monitor compliance with environmental protection measures, pollution prevention and control measures in the approved EIA report and in this EMP;
  
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  Prepare reports for the environmental monitoring and site environmental conditions;
  
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  Investigate complaints and recommend any required corrective measures;
  
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  Advise the Contractors on environment improvement, awareness and pollution prevention measures;
  
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  Follow the procedures in the EMP and recommend suitable mitigation measures to the Contractors in the case of non-compliance. Carry out additional monitoring of noncompliance within the specified timeframe instructed by the EMS;
  
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  Liaison with the Contractors and EMS on all environmental performance matters; and Contractor‘s submission of EMP Implementation Plan reports to the EMS, SES, and relevant administrative authorities, if required;
  
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  Keep detailed records of all site activities that may adversely affect to the environment.
  

4.4. ENVIRONMENTAL SUPERVISION DURING THE CONSTRUCTION PHASE

44. 
    During the construction phase, environmental supervision shall be carried out by a qualified Construction Supervision Team (CST) employed by the PMURTW. The CST is responsible for inspecting, and supervising all construction activities to ensure that mitigation measures adopted in the EMP are properly implemented, and that the negative environmental impacts of the project are minimized. The CST shall engage sufficient number of qualified staff (e.g. environmental supervision engineers) with adequate knowledge on environmental protection and construction project management to perform the required duties and to supervise the Contractor’s performance.
    
45. 
    The environmental engineers shall be led by a Workplace Safety and Environment Supervisor (SES) who shall have adequate knowledge and experience (at least 5 years experience is required) in environmental management, supervision and monitoring on construction projects to provide and professional advice to the Contractors on the environmental performance of the project. The SES shall be familiar with the Vietnamese laws, standards, national technical regulations and other requirements related to environmental protection. Depending on the project requirements, the SES may be required to work full-time on-site.
    
46. 
    The SES shall:
    

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  Review and assess on behalf of the PMURTW whether the construction design meets the requirements of the mitigation and management measures of the EIA and EMP,
  
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  Supervise the preparation and implementation of Construction Environmental Management Plan (CEMP) of Contractors including their performance, experience and handling of site environmental issues, and provide corrective instructions;
  
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  Review the measures in the EMP implemented by the Contractors and Sub-Contractors, verify and confirm environmental supervision procedures, parameters, monitoring locations, equipment and results;
  
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  Report EMP implementation status to the PMURTW and prepare the environmental supervision statement during the construction period.
  

Terms of reference for the SES are included in Appendix 4.

4.5. INDEPENDENT MONITORING CONSULTANT (IMC)

47. 
    In order to evaluate the environmental impacts during construction of the Project, the PMURTW shall ensure that Project-specific monitoring programs requirements are established and will be implemented. The environmental monitoring program shall be carried out by an Independent Environmental Monitoring Consultant (IMC) appointed by Haiphong DOT.
    
48. 
    In the construction phase, as requirement by MONRE, IMC shall be responsible for carrying out environmental monitoring (survey, sampling, analysis and reporting with 4 (four) occasions per a year (quarterly), on all environmental-related issues in the Contractor’s works. 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 relevant mitigation measures and monitoring program provided in the Project EMP are fully complied or not complied with. The IMC will also assist PMURTW and EMS in environmental management of the project.
    
49. 
    Terms of reference for the IMC are included in Appendix 5.