Haiphong department of transport

4.6. COMPLIANCE WITH LEGAL AND CONTRACTUAL REQUIREMENTS

50. 
    The constructions activities shall comply with the Vietnam laws, Governmental decrees, National technical regulations, standards related with environmental protection, pollution control and biodiversity conservation. The most relevant legal documents are listed in Appendix 1.
    
51. 
    All the works method statements submitted by the Contractors to the EMS of the PMURTW for approval shall also be sent to the SES to evaluate whether sufficient environmental protection and pollution control measures have been included.
    
52. 
    The SES shall also review the progress and program of the works to check that relevant environmental laws have not been violated, and that any foreseeable potential for violating the laws can be prevented.
    
53. 
    The Contractor(s) shall regularly copy relevant documents to the SEO and the SES. The document shall at least include the updated Work Progress Reports, the updated Works Program, and the application letters for different license/permits under the environmental protection laws, and all the valid license/permit. The SES and the SEO shall also have access, upon request, to the Site Log-Book.
    
54. 
    After reviewing the documents, the SEO or the SES shall advise the EMS and the Contractor of any non-compliance with the contractual and legislative requirements on environmental protection and pollution control to take follow-up actions. If the SEO or the SES concludes that the current status on license/permit application and any environmental protection and pollution control preparation works may not comply with the works program or may result in potential violation of environmental protection and pollution control requirements by the works in due course, they shall advise the Contractor and the EMS accordingly.
    

4.7. NON COMPLAINCE RECTIFICATION SYSTEM

55. 
    A compliance framework, based on the environmental requirements established by the EMP and Environmental Specifications included in bidding documents, will be strictly enforced by the CST. Minor and major infringements will be determined according to the following categorization table (Table 14).
    

Table 15: Categorization of Non Compliance Infringement Levels

Category of Infringement	Definition	Remediation
Minor Infringement	Incident which causes temporary but reversible damage to the environment, community property, people.	Minor restoration activities. Adjustments/eliminations to construction practices. Compliance with the EMP
Major Infringement	Incident where there is long-term or irreversible damage to the environment, community property, and people	Major clean up operations Major restoration requiring engineering measures. Major restoration of community property. Compensation to affected communities or persons.

56. 
    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 PMURTW 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 - the contractor will be prosecuted under the Vietnamese environmental laws with possible severe financial penalties in addition to the cost for restoration activities. To minimize the damage, the restoration activities will be implemented without delay.
    
57. 
    The compliance framework will be applied as follows:
    

1. 
   The SES will identify or be notified of an infringement (community member, local government)
   
2. 
   The SES in consultation with the Construction Supervision Engineer (CSE) will assess whether it is a minor or major infringement.
   
3. 
   For minor infringements:
   

• 
  The CSE will establish the required mitigation measures, and the time period, which is a maximum of five days to remedy the situation.
  
• 
  The CSE 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 PMURTW 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 SES shall confirm the infringement is satisfactory remedied in the time period, and inform the CSE who will independently confirm this.
  
• 
  If the infringement is not remedied satisfactorily in the time period the SES shall inform the CSE and the PMURTW. The Engineer 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.
  

4. 
   For major infringements:
   

• 
  The SES shall immediately inform the PMURTW, CSE of the incident
  
• 
  The PMURTW shall inform the appropriate provincial authorities if appropriate
  
• 
  The PMURTW, in consultation with the Contractor, CSE, SES 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 as soon as possible.
  
• 
  The Government agencies may apply a financial penalty, for each major infringement, in addition to any costs associated with the rectification of the infringement.
  

58. 
    Any conflicts between the Contractor, CSE and SES shall be resolved by the Engineer and Employer. During training, the SES shall make clear how the compliance framework will be applied.
    

5. EMP IMPLEMENTATION PLAN