VINH LONG PROVINCIAL PEOPLE’S COMMITTEE
Vinh Long ODA Project Management Unit
Vinh Long Urban Development and Climate Resilience Project
(P171700)
LABOR MANAGEMENT PROCEDURES
(LMP)
Vinh Long, April 2020
TABLE OF CONTENTS
LIST OF TABLES ............................................................................................................................................ ii
1. INTRODUCTION ............................................................................................................................... 1
2. OVERVIEW ON LABOR USE ON THE PROJECT ......................................................................... 1
2.1 Type of workers ............................................................................................................................. 4
2.2 Direct workers ............................................................................................................................... 4
2.3 Contracted workers ........................................................................................................................ 4
2.4 Primary supply workers ................................................................................................................. 5
2.5 Community workers ...................................................................................................................... 6
2.6 Other stakeholders working in connection with the project .......................................................... 6
2.7 Total number of workers ............................................................................................................... 6
3. ASSESSMENT OF KEY POTENTIAL LABOR RISKS ACTIVITIES ............................................ 7
3.1 Project activities ............................................................................................................................ 7
3.2 Key labour risks ............................................................................................................................. 9
4. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS ........................ 11
5. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATION HEALTH AND SAFETY .... 15
6. RESPONSIBLE STAFF .................................................................................................................... 16
7. POLICIES AND PROCEDURES...................................................................................................... 18
8. AGE OF EMPLOYMENT ................................................................................................................. 21
9. TERMS AND CONDITIONS ........................................................................................................... 22
10. GRIEVANCE MECHANISM ........................................................................................................... 23
11. CONTRACTOR MANAGEMENT ................................................................................................... 27
12. PRIMARY SUPPLY WORKERS ..................................................................................................... 29
ANNEX ........................................................................................................................................................... 30
Annex 1: Guidelines on Code of Conduct .................................................................................................. 30
Annex 2: Workers and Workforce Management ........................................................................................ 32
Annex 3: Worker camp requirement ........................................................................................................... 34
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LIST OF TABLES
Table 1: Estimated number of workers ............................................................................................................. 7
Table 2: Summary of the project staff/party responsible for various key issues............................................. 17
Table 3: Overview of Project policies and indicative procedures to address key labor risks ......................... 20
Table 4: GRM procedures for complaint handling process ............................................................................ 24
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ACRONYMS AND ABBREVIATIONS
DARD : Provincial Department of Agriculture and Rural Development
DOC : Provincial Department of Construction
DONRE : Provincial Department of Natural Resources and Environment
DPI : Provincial Department of Planning and Investment
ESF : Environemental and Social Framework
ESIA : Environmental and Social Impact Assessment
ESMP : Management Plan
ESS : Environmental and Social Standards
GBV : Gender-based violence
GOV : Government of Vietnam
GRM : Grievance Redress Mechanism
LMP : Labour Management Procedures
MDR : Mekong Delta Region
OHS : Occupational health and safety
PAPs : Project Affected Persons
PMU : Vinh Long ODA Project Management Unit
RPF : Resettlement Policy Framework
SEA : Sexual Exploitation and Abuse
SEP : Stakeholder Engagement Plan
WB : World Bank
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1. INTRODUCTION
1. The Socialist Republic of Vietnam intends to apply for a loan from the World Bank to finance
the proposed Vinh Long Urban Development and Climate Resilience Project hereafter referred as
“the Project�?. This project addresses the environmental and social aspects through the World Bank’s
Environmental and Social Stands (ESS) approach/framework
2. One of the Standard, ESS2, relates to Labor and Working Conditions and expects the
Borrowers to develop labor management procedures (LMP). The purpose of the LMP is to identify
the main labor requirements and risks associated with the project and help the Borrower to determine
the resources necessary to address project labor issues. The LMP will enable different project-related
parties, for example, staff of the project management unit, contractors and sub-contractors and project
workers, to have a clear understanding of what is required on a specific labor issue. The LMP is a
living document, which is initiated early in project preparation, and is reviewed and updated
throughout development and implementation of the project.
3. Scope of the LMP is outlined in the World Bank’s ESS2. The engagement will be planned as
an integral part of the project’s environmental and social assessment and project design and
implementation. This document has 12 chapters. Chapter 1 served as Introduction. An overview of
labor use in the project is presented in Chapter 2. Key potential labor risks are listed in Chapter 3.
Legislative Framework governing labor employment in Vietnam 2 is discussed in Chapters 4 and 5.
Implementation Arrangements, Age Requirement, Policies and Procedures and Timing of labor
requirements follows in the subsequent chapters. Grievance Redressal Mechanism and Contractor
Management are presented in the last two chapters 10 and 11 respectively, while Chapter 12 relates
to primary supply workers.
2. OVERVIEW ON LABOR USE ON THE PROJECT
4. The proposed project will take an integrated multisectoral approach to promote the economic
and demographic densification of Vinh Long’s urban core, thereby unlocking the City’s development
potential and enabling the City to function as an economically and physically integrated metropolitan
area. The project investments include a comprehensive set of structural and non-structural
interventions to improve access to infrastructure and to reduce the flood and environmental pollution
risk in the urban core area of Vinh Long city, through developing flood control systems and nature-
based solutions, wastewater collection and treatment, as well as key transport links.
5. These measures will eliminate the physical constraints to development in the urban core,
increase land values, stimulate private capital investments, and reduce the pressure for urban sprawl.
Increased demand on land will also create an opportunity for the local government in Vinh Long to
capture some of the associated land value increase from private development. By providing
comprehensive improvement to infrastructures in the urban center, where the majority of poor people
live and increasing the connectivity of these areas to other parts of the city, especially centers of
employment, the project is expected to improve the living conditions of the poor and vulnerable
populations and increase their accessibility to jobs and public services. Citizens and community
organizations will be engaged throughout the project preparation and implementation process in order
to raise their awareness about flood risks and enhance their ownership of the project. Providing
technical assistance to improve urban planning, transport management and the operation and
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maintenance of infrastructure will enable the city to become more interconnected, livable and
resilient to disasters. The project is organized around four components:
o Component 1: Flood risk management and environmental sanitation. The objective of
this component is to reduce flood related risks and improve environmental sanitation in the
urban core of Vinh Long city through investments in drainage, flood protection structures,
sewage networks and wastewater treatment, as well as improved institutional arrangements
and Operation and Maintenance (O&M). In addition to improving the environmental
sanitation conditions in the city, the upgrading of wastewater collection and treatment in Vinh
Long will contribute to improving surface water quality. Design of this component was based
on existing national building codes and standards and investment proposals were selected
based on assessment of the flood risks, including flood hazard and the vulnerability of the
affected community. Investments will consist of a balance between grey and green
infrastructure (or nature-based solutions).
o Component 2: Strategic corridors development. Development of the core urban area is
currently segmented by several national roads with the inter-city traffic flow passing through
the city, leading to safety concerns and air pollution. This component will finance prioritized
investments in roads as identified in the City’s Master plans1, in order to increase regional
and intra-city connectivity. Specifically, the project will finance three urban roads: the first
two roads run through the existing built-up area, creating important vertical and horizontal
links in the urban road network; the third road diverts inter-city traffic from the national roads
and future expressway and serves as a development boundary to the south. Two of these three
roads in the south also form part of the overall flood control scheme, serving as the boundary
of the current and future polder system. The proposed roads will improve traffic safety by
providing alternative routes for the inter-city traffic to bypass the city centre, provide better
accessibility for residents to jobs, education, and other services, and allow for mixed land
uses and densification in less flood prone areas. Increased accessibility and connectivity as a
result of the new and improved transport infrastructure is likely to increase land values and
investment opportunities along transport corridors, which is value-creation that the
government can capture using a variety of mechanisms. Land use regulations and
development control will be carefully considered along the road in the south that forms the
city’s development boundary. In doing so, the city has the opportunity to proactively guide
urban growth to areas with lower flood risk and densify the urban core area, while minimizing
the risk of urban sprawl.
o The project will also promote non-motorized transport options as well as consider the future
creation of urban public transport networks in the design of main roads. The road width will
be based on sound analysis of travel and traffic demand. Traffic safety issues will be
thoroughly reviewed and addressed, especially at intersections with major roads and transit
roads of national highways/bypasses, as well as pedestrian crossings. To address the potential
impacts of climate change, road drainage structures will be designed based on hydrologic
analyses that adopt climate change scenarios while the elevation of roads will take into
account projected increases in seawater levels. The design will also incorporate international
experience in nature-based solutions such as “green roads�? comprising pervious pavement
1Draft Adjusted Construction Master Plan of Vinh Long City, and approved Adjusted Transport Development Master Plan up to 2020
with a vision to 2030 dated 2018
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and water absorbing tree pits and landscape, as well as universal access criteria to provide a
network of accessible pedestrian routes with appropriate tactile pavement and improved
sidewalk space and pedestrian crossings, while taking into account appropriate parking spaces
for motorcycles to reduce the obstruction to pedestrians.
o Component 3: Resettlement Area Development. The project will try to minimize
resettlement impacts through adopting fit-for-purpose standards and appropriate design,
however, significant resettlement impacts are expected due to the proposed investments,
particularly under the embankments in Component 1 and the roads in Component 2. An
estimated 550 households may have to be relocated under the project. This component will
ensure improved living conditions and security of tenure for those target communities who
are subject to relocation and resettlement under the project. An investment for technical and
social infrastructure at the resettlement site in Ward 8 of Vinh Long City will be proposed
with green and nature-based solutions incorporated, such as park connectors, water absorbing
tree pits and landscapes, pervious pavements, stormwater detention ponds, raingardens, etc.
This resettlement site covers an area of 12.5 hectares which is currently agricultural land and
not occupied by any households, easing the compensation process. In addition, the
resettlement site is assessed to be appropriate, as it is just 5 km from the city centre and close
to National Road 53. Services (water, drainage, electricity, access roads) are already present
along the proposed resettlement area, which will facilitate the development of the site.
o Component 4: Enhancing Climate Resilience and Leveraging Disruptive Technologies
in Urban Management. This component aims to improve urban management in a climate
and risk informed manner and to set the stage for the development of Vinh Long as a smart
city through leveraging disruptive technologies. The proposed project will support
implementation of Vinh Long’s smart city ICT framework currently being developed,
through investments in data and ICT infrastructure including software, in conjunction with
counterpart fund from the province. Key investments under Component 4 include: an
integrated flood risk management information system and strengthened O&M; a geospatial
data sharing platform to improve data sharing across different departments; and an intelligent
transportation system (ITS). Component 4 will also provide technical implementation support
to the implementing agencies in Vinh Long.
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Figure 1: Project Map
2.1 Type of workers
6. ESS2 categorizes the workers into: direct workers, contracted workers, community workers
and primary supply workers. As indicated in the Concept Stage Environment and Social Review
Summary (ESRS) prepared for the Project, the Project’s workforce will include direct workers
(directly employed by PMU), contracted workers (recruited by third parties such as contractors or as
consultants), and primary supply workers. The project is not likely to engage community workers, as
civil works will be the responsibility of contractors. The sections below provide detailed description
of the type and number of workers to be engaged throughout the project life.
2.2 Direct workers
7. Under the Vinh Long Project, direct workers are workers directly employed by the PMU. It
includes staff in Project Management Unit (PMU), as described below:
• Project Management Unit (PMU): The PMU is responsible for the management and
supervision of overall implementation of the Project, including construction work by the
contractors. The PMU will require support from the consultants in specific technical areas
(i.e. in project management and coordination, financial management, procurement,
construction, environmental/social safeguards, monitoring and evaluation, among others), as
they are unlikely to have sufficient expertise to manage the whole project. The timing of labor
requirements is from the project preparation to the completion of the project.
2.3 Contracted workers
8. The PMU will engage around 6 contractors for carrying out the implementation of the
different works under component 1,2 and 3 and 2 supervision contractors with subcontractors. The
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labor requirements will depend on the scale of the individual civil work under each construction
package. The timing of labor requirements will fluctuate, dependent on the construction stages. The
experience of SUUP in Vinh Long indicates that the contractor will engage approximately 50 workers
in each LIA, 80 workers for each canal upgrading, and 70 workers for road. The different categories
of anticipated contracted workers are presented below.
• Skilled permanent staff of the contractors (construction company): The permanent
technical staff of the contractors will be engaged in the project, including project managers,
project engineers, environmental engineers, construction foreman, medical officer, admin and
finance officer.
• Skilled workers engaged by sub-contractors: Depending on the available expertise within
the contractors and other factors, the contractor may engage sub-contractors for some
technical work, which may include heavy machine operators for hauling, road roller/soil
compaction, sand/quarry loading, and grader/excavation. The contractor may engage such
subcontractors locally.
• Unskilled community members engaged by the contractor: The project is designed to
maximize the employment generation through engaging community members as unskilled
workers especially in LIAs. To ensure equal opportunities in employment, the contractor will
be contractually required to coordinate with the PMU to prioritize the host communities and
vulnerable groups in the engagement of such workers, including female workers and persons
with disabilities. Mass organizations are expected to support the selection of unskilled
workers.
• Construction Supervision Consultant: A construction and supervising consultant (firm or
international organization) will be engaged by the PMU to provide day-to-day construction
oversight for the civil works. The construction and supervision consultant team will consist
of 15 to 20 national experts, including project manager, sanitation, water supply, water
drainage, M&E, hydraulic and road design engineer, project support officer, geospatial
technical officer, quantity and cost estimator, community liaison officer and environmental,
health and safety officer. The procurement process for the consultant team will start during
project preparation, but the consultant will be on board in the early stage of project
implementation. The construction and supervision consultant will support the PMU until the
completion of the civil works.
• Independent Monitoring Consultants: Independent Monitoring Consultants for
environment and for social issues will be engaged by the PMU. Independent monitoring
consultants are responsible to ensure compliance with approved plans and programs related
to environmental and social issues. The independent monitoring consultants will be engaged
at the beginning of the implementation period and will complete their works from 6 months
to 1 year after all resettlement/environmental activities have been satisfactorily completed.
2.4 Primary supply workers
9. The construction work under the Project will require primary supplies essential for the
functions of the priority infrastructure, such as construction materials including aggregates, bitumen
and precast concrete interlocking blocks. Where the contractor will source such materials directly
from primary suppliers on an ongoing basis, the workers engaged by such primary suppliers are
deemed “primary supply workers�?, as defined in ESS2. The number and type of primary suppliers
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will be determined at project implementation stage. The timing of labor use of primary supply
workers will cover the construction stage of the project (see Section 12 for more details on primary
supply workers).
2.5 Community workers
10. The project will not have community workers as defined under ESS2. The community
members to be engaged by the contractors will be categorized and managed as “contracted workers�?.
2.6 Other stakeholders working in connection with the project
11. Stakeholders working in connection with the Project other than the above project workers
will include the Government civil servants. Some city and provincial government civil servants will
be working in connection the Project, which will include DOC, DARD, DONRE, DPI. They will
remain subject to the terms and conditions of their existing public sector employment, which are
governed by the Vietnam Labor Code, the Law on Public Employees, and the Law on Civil Servants.
There will be no legal transfer of their employment or engagement to the project. The Constitution
and the Labor Code prohibit child labor and forced labor. The government civil servants involved in
the Project are not expected to be exposed to OHS risks under the project as they will not engage in
project-related civil works.
2.7 Total number of workers
12. The total number of workers is estimated at 405. The number of workers by categories is
identified in Table 1.
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Table 1: Estimated number of workers
Type of project Characteristics of Timing of labor Indicative number of
workers project workers requirements workers
Direct workers
o National staff o From project o PMU staff: approx. 20
o PMU staff preparation until Total: 20
project completion
Contracted workers
o From early stage of o Construction
o Construction & o International and project implementation supervision
supervision consultants national experts until project consultants: approx. 20
o Independent o National experts completion o Independent
Monitoring consultant o Mostly national o The timing of labor monitoring consultants
o Skilled workers technical permanent requirement will approx. 15
engaged by the staff fluctuate, dependent on o Skilled workers of the
contractors o National/local host the construction stages, contractors: approx.
o Skilled workers community members which will be 120
engaged by (in LIAs), female determined by o Skilled workers of sub-
subcontractors workers and persons individual contractors contractor: approx. 10
o Unskilled workers with disabilities. at the contract award o Unskilled workers:
stage. approx. 70
Total: 235
Primary supply
workers o They are most likely o The construction stage o The primary supply
local workers. of the project. workers will be
o Workers engaged by identified during the
primary suppliers at project implementation
quarry sites stage expected: approx.
(construction materials) 150
Total: 150
Community workers • Not applicable • Not applicable • Not applicable
3. ASSESSMENT OF KEY POTENTIAL LABOR RISKS ACTIVITIES
3.1 Project activities
13. The project activities will include:
• Under component 1: i) rehabilitation and improvement of the canal and drainage system in
the core areas, including construction of new drains, dredging of canal systems, creation of
rainwater retention areas, etc. ii) construction of a wastewater treatment plant and
rehabilitation and construction of sewer collection networks; iii) embankment upgrading with
tidal sluicegates/valves�?, a drainage system including open canals, sewers, storm rainwater
retention, and pumps (if needed).
• Under component 2: Construction of urban roads and bridges along with corresponding road
drainage system, sidewalks, street lighting and road furniture.
• Under Component 3: Construction of technical infrastructures (i.e. sewage, water treatment
plant, water supply, drainage, inner roads, electric poles, sidewalks etc.) and social
infrastructures (i.e. kindergarten) at the resettlement site.
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14. Most of the construction activities will take place within the urban core area which may
involve densely populated business premises. Indicative project activities to be carried out under the
Project are the following:
Component 1:
• Improving flood prevention infrastructure in core area;
o Construction of a new drainage system;
o Dredge canal system;
• Construction of a wastewater collection and treatment system
o Laying of pipes
o Construction of valve chambers
o Construction of storage reservoirs
o Construction of a booster pump station
o Construction of a waste water treatment plant
o Construction of sanitary facilities
o Concrete works
• Flood control
o Construction of embankments along the Long Ho river;
o Construction of a tidal gate;
o Construction of a pumping station;
o Dredge and rehabilitate drainage routes
Component 2:
• Site preparation
o After the construction site is handed over, the contractor will clean and remove the trees,
surface objects such as garbage, unnecessary materials out of the site.
o Checking existing structures
• Prepare and mobilize equipment for construction
o Transporting and gathering specialized equipment for separate tasks. Synchronous
equipment includes: (i) Geodetic survey equipment with sufficient accuracy as required;
(ii) Equipment for soil work, excavation, grading, and compaction; (iii) Equipment for
production, transportation, testing of construction materials and concrete in the field; (iv)
Other related management equipment;
o Making plan to use equipment completely and synchronously for each stage of
construction;
o Transportation of construction material including excavated soil, gravel, sand, rocks and
water to the construction sites;
o Protecting construction site and structures, installing signage.
• Construction work: After cleaning and clearing the construction site, infrastructure items will
be constructed from low to high priority. Construction activities include:
o Clean the site, dredge organic and sludge, demolish the old road foundation (within the
road structure);
o Organize sand blasting K95 to the elevation of the road bottom;
o Monitor subsidence and subsidence compensation;
o Construct water supply and drainage systems, lighting; planting trees ...;
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o Construct road structure including: (K98 soil layer, crushed aggregate base course,
crushed aggregate subbase course; asphalt concrete for lower and upper layers);
o Complete sidewalks, curbs, paths up and down for the disable persons if any;
Road marking and, installing road signs, etc.
Component 3:
o Potentially any of above construction activities.
3.2 Key labour risks
15. Drawing upon the experience and lessons learned from the SUUP and other similar projects,
the following are key labor risks anticipated and assessed during the implementation of the Project.
(1) Occupational health and safety (OHS) risks:
Component 1:
a) Accidents due to falling: Incorrectly installed scaffolding, open walls, manholes on roadbeds,
uninsured ladders and unprotected steel bars are the most common risks leading to labor
accidents for construction workers.
b) Risks of working on water surface: It may occur during the construction intersecting with
canals, constructions of tidal sluicegates, river embankments and rehabilitation of drainage
ditches.
c) Falling objects: During construction process, it is necessary to mobilize many types of
construction machinery, equipment and materials. All heavy tools and equipment and
supplies may fall from the high level and helmets are not effective. If the site area is not
enclosed or something may fall from a crane out of the construction area, the pedestrians may
also be hit by these objects.
d) Accident due to ditches and trenches: During the process of excavation and construction of
drainage system, collapse may occur. If the excavated material is too close to the trench, the
material may fall back and cause serious injury.
e) Electrical shock: Exposure to overhead or underground high voltage lines may cause death.
Damaged power tools or conductors can also cause injury due to electric shock.
f) Physical injury due hard work: Back injuries caused by lifting heavy objects or improper
posture.
g) Heavy equipment: Injury may start from heavy equipment. The machineries may malfunction
or fall down. Careless operation of the crane can cause many injuries. A forklift or excavator
is also one of the common devices that cause accidents. In addition, the construction activities
involving heavy machineries will be quite noisy. Loud, repetitive, and excessive noise causes
long term hearing problems, such as deafness. Noise can also be a dangerous distraction and
may distract the worker from the task at hand, which can cause accidents.
h) Contamination during infectious disease outbreaks if frequent and proper hygiene practices
are not consistently applied (in particular frequent and proper hand hygiene and wearing
masks to serve as barriers to human-to-human transmission of virus).
16. The impact level of above risks is assessed from small to medium as: (i) the impacts are
localized within the construction site and scattered in the local areas; (ii) short construction period
from 15-24 months; (iii) workers are provided with protective equipment, reasonable construction
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time; (iv) mitigation measures for these risks have been provided in the ECOP in ESIA and workers
will be trained on labor safety, traffic safety, sanitation before starting any civil works.
Component 2:
a) Road or bridge construction sites pose risks to the workers of constantly moving heavy
vehicles and dump trucks maneuvering around on an uneven terrain.
b) The construction activities involving heavy machineries will be quite noisy. Loud, repetitive,
and excessive noise causes long term hearing problems, such as deafness. Noise can also be
a dangerous distraction and may distract the worker from the task at hand, which can cause
accidents.
c) Heavy materials and equipment are expected to be constantly lifted and moved around by
workers at site, which poses health and safety risks.
d) Collapsing of material borrow excavation with workers inside is also a risk with the type of
prevailing materials in the area.
e) Working at height for the bridge construction will also pose the risk of falling.
f) Risks of traffic accidents, labor accident, fire, explosion, short circuit and electric shock posed
by the construction activities will also affect the safety of the community.
g) Contamination during infectious disease outbreaks if frequent and proper hygiene practices
are not consistently applied (in particular frequent and proper hand hygiene and wearing
masks to serve as barriers to human-to-human transmission of virus).
17. According to the calculation results in ESIA, the noise level and risk from heavy manchines
at the construction sites is low, generating in short time and scattering over 11 wards under the
project. Construction machinery and equipment will not work simultaneously but in shifts and phases
depending on the progress and construction volume of items, of which each type of machine will be
used different, so the resonance impact is very low. Moreover, all vehicles and equipment will be
checked periodically and noise will cease when construction is completed. Noise can be minimized
by measures such as labor protection equipment and noise protection devices.
Component 3:
a) Potentially any of above risks.
(1) Lack of awareness on occupational health and safety requirements: As it is common at
work site in Vietnam, there is often a lack of use of personal protective equipment (PPE) and
safe workplace practices. Materials for handwashing and hygiene and masks are often not
provided at work sites.
(2) Child labor: Even if in Vietnam, it is forbidden to hire child, the risk of engaging under-aged
children in the project activities will require particular attention. Contractors and suppliers
may tend to use children for economic reasons and convenience. The forced labor risks are
less likely as it is expected that in Vinh Long there will not be shortage of labor supply.
(3) Labor influx: Due to the availability of labor supply in Vinh Long city, a large scale of labor
influx is not expected. However, the construction activities may bring some workers from
other cities who may have diverse backgrounds, different cultures and dissimilar behaviors
to the local communities. They may not integrate well with the local cultures and values, and
could risk the local social values and harmony. All these could lead into conflict between
locals and migrant workers. Labor influx could also increase the risk of Gender Based
Violence (GBV).
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(4) Labor disputes over terms and conditions of employment: Labor disputes in a new
construction environment are common in Vietnam. Likely causes for labor disputes include
demand for limited employment opportunities; labor wages rates and delays of payment;
disagreement over working conditions; and health and safety concerns in work environment.
In turn, there is also a risk that employers such as contractors/subcontractors may retaliate
against workers for demanding legitimate working conditions, or raising concerns regarding
unsafe or unhealthy work situations, or any grievances raised, and such situations could lead
to labor unrest.
(5) Discrimination and exclusion of vulnerable/disadvantaged groups: Vulnerable/
disadvantaged groups of people may be subject to increased risk of exclusion from
employment opportunities under the Project. Such groups will include women and persons
with disabilities. Lack of equal pay for equal work for men and women is also an issue in
Vietnam. Sexual harassment and other forms of abusive behavior by workers will also have
the potential to compromise the safety and wellbeing of the vulnerable groups of workers and
the local communities, while adversely affecting project performance. This will also include
potential sexual exploitation or harassment in recruitment or retention of skilled or unskilled
female workers supported under the project.
18. The above social impact is assessed to be low as: (i) workers will be trained on labor safety,
traffic safety, sanitation before starting any civil works; (ii) the workers concentrated scatteredly in
different areas, the impacts are localized within the construction areas; (iii) Local labor will
prioritized to use for construction activities, at the same time measures to control the age of hired
workers must be taken; (iv) The Contractor committed not to hiring child labor for the project-related
jobs; (v) The project Owner will coordinate with local authorities and related units to strictly control
the Contractor's labor use; (vi) Commitment not to use child labor is one of the required conditions
in the bidding documents; Especially, the impact on women is assessed as minor because: (i)
According to the socio-economic survey results, no negative impacts related to women were
recorded. At the construction sites: (ii) The number of women workers is not large as local workers
are prioritized by the Contractor; (iii) Information about social diseases and prevention methods will
be provided to workers through training programs and information disclosure; (iv) Regulations,
penalties for the violated workers at the site must be developed; (v) The contractor must be closely
work with local authorities to manage the number of workers at the construction site.
4. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS
19. The workers in Vietnam are managed and protected under a relative comprehensive labor
framework. The key Vietnamese labor legislations are presented below.
• The Laws:
o The Labor Code No. 10/2012/QH13 passed by the National Assembly of Vietnam on 18
June 20122;
o The Social Security Law No. 58/2014/QH13 passed by the National Assembly of Vietnam
on 20 November 2014;
2
A New Labor Code No. 45/2019/QH14 was adopted on 20 November 2019 by the National Assembly of Vietnam. The New Labor Code will take
effect from 1 January 2021.
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o The Law on Occupational Safety and Health No. 84/2015/QH13 passed by the National
Assembly of Vietnam on 25 June 2015;
o The Law on Public Employees No. 58/2010/QH12 dated 15 November 2010;
o The Law on Civil Servants No. 22/2008/QH12, dated 13 November 2008;
o The Law amending and supplementing a number of articles of the Law on Civil Servants
and Public Employees No. 52/2019/QH14 dated 25 November 2019.
• Decrees:
o Decree No.41/2013/ND-CP dated June 23, 2013 of the Government detailing Article 220
of the Labor Code on the list of employees that are not allowed to go on strike and settle
requests of the labor collective in these units;
o Decree No.44/2013/ND-CP dated May 10, 2013, detailing the implementation of a
number of articles of the labor code regarding labor contracts;
o Decree No. 45/2013 / ND-CP of May 10, 2013, detailing a number of articles of the Labor
Code on working time, rest time and occupational safety and health;
o Decree No.46/2013/ND-CP dated 10/05/2013 of the Government detailing a number of
articles of the Labor Code on labor mortgage;
o Decree No.49/2013/ND-CP dated May 14, 2013 of the Government detailing the
implementation of a number of articles of the Labor Code on wages;
o Decree No.27/2014/ND-CP dated May 25, 2014 of the Government detailing a number
of articles of the Labor Code on labor as domestic workers;
o Decree No.05/2015/ND-CP dated March 1, 2015 of the Government detailing and guiding
the implementation of some contents of the Labor Code;
o Decree No.61/2015/ND-CP dated September 1, 2015 of the Government on regulations
on employment support policies and National employment fund;
o Decree No.85/2015/ND-CP dated November 15, 2015 of the Government detailing a
number of articles of the Labor Code on policies for female workers;
o Decree No.11/2016/ND-CP dated April 1, 2016 of the Government detailing the
implementation of a number of articles of the Labor Code on foreign workers working in
Vietnam;
o Decree No.39/2016/ND-CP dated May 15th, 2016, detailing the implementation of some
articles of the Law on occupational safety and sanitation;
o Decree No.44/2016/ND-CP dated May 15, 2016 of the Government detailing a number
of articles of the Law on occupational safety and sanitation regarding technical inspection
of occupational safety and training of occupational safety and hygiene and working
environment observation;
o Decree No.24/2018/ND-CP dated February 27, 2018 of the Government stipulating the
settlement of complaints about denunciations in the labor force, vocational education and
activities, Vietnamese guest workers, safety, environmental sanitation;
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o Decree No.148/2018/ND-CP dated October 24, 2018 of the Government amending and
supplementing a number of articles No.05/2015/ND-CP dated January 12, 2015 of the
Government detailing and guiding the implementation of some contents of the labor code;
o Decree No.149/2018/ND-CP dated November 7, 2018 of the Government: detailing
Clause 3, Article 63 of the Labor Code on the implementation of democracy regulations
at the workplace;
o Decree No.157/2018/ND-CP dated November 16, 2018 of the Government: Regulations
on regional minimum wage for employees working under labor contracts;
o Decree No.121/2018/ND-CP dated September 13, 2018 of the Government: Amending
and supplementing a number of articles of the Government's Decree No.49/2013/ND-CP
dated May 14, 2013 detailing the implementation of a number of articles of the labor code
on wages;
o Decree No.29/2019/ND-CP dated May 5, 2019 of the Government: detailing the
implementation of Clause 3, Article 54 of the Labor Code on licensing of labor sublease
and deposit and the list of jobs to be subleased;
o Decree No.38/2019/ND-CP dated May 9, 2019 of the Government: Providing basic
salaries for cadres, civil servants, public employees and armed forces;
• Circular
o Circular No.10/2013/TT-BL�?TBXH dated 10 June 2013: Promulgating the lists of jobs
and workplaces in which the employment of minor persons is prohibited;
o Circular No.11/2013/TT-BL�?TBXH dated August 1, 2013: promulgating the list of light
tasks permitted for persons under 15 years old;
o Circular No.25/2013/TT-BLDTBXH dated 05/12/2013: Guiding the regime of in-kind
allowances for people working in hazardous and hazardous conditions;
o Circular No.26/2013/TT-BL�?TBXH dated 15/12/2013: List of jobs that are not allowed
to employ female workers;
o Circular No.30/2013/TT-BL�?TBXH dated July 1, 2013: Guiding the implementation of
Decree No. 44/2014 on labor contracts;
o Circular No.23/2014/TT-BL�?TBXH dated 20/10/2013: Guiding the implementation of
Decree No.03/2014 on employment;
o Circular No.29/2015/TT-BLDTBXH dated 15/9/2015: Guidance on collective
bargaining, agreement of collective labor and resettlement of labor disputes;
o Circular No.47/2015/TT-BLDTBXH dated 16/11/2015: Providing some articles on
contracts, labor rules and material responsibilities of Decree No.05/2015 dated
12/01/2015 of The Government detailing and guiding the implementation of a number of
contents of the Labor Law;
o Circular No.13/2016/TT-BL�?TBXH dated June 16, 2016: Promulgating a list of jobs
with strict occupational safety and sanitation requirements;
o Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016, guidance on
implementation of a number of articles of Decree No.11/2016/ND-CP dated February 3,
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2016 detailing a number of articles of the Labor Code in respect of foreign workers in
Vietnam;
o Circular No.53/2016/TT-BLDTBXH dated 28/12/2016: Promulgating the list of
machines, equipment, supplies and substances with strict requirements on occupational
safety and sanitation;
o Circular No. 23/2015/TT-BL�?TBXH dated June 23, 2015: guiding the implementation
of a number of articles on wages of Decree No.05/2015/ND-CP dated January 12, 2015
of the Government detailing and guiding the implementation of some contents of the labor
code;
• Others:
o Directive No. 02/2008/CT-BXD on labor safety and sanitation in construction agencies;
o Circular No. 22/2010/TT-BXD on regulation on labor safety in construction;
o QCVN 18:2014/BXD: Technical regulation on safety in construction.
20. Labor Code. The main law regulating employment relationships in Vietnam is the 2012
Labor Code. As indicated above, a new Labor Code No. 45/2019/QH14 was adopted on 20 November
2019 by the National Assembly of Vietnam. When the new Labor code will be in force on January
1st, 2021, the LMP will be updated. The Labor Code grants certain protections to particular groups
of employees (women, child, etc.) as presented in the followings:
• Gender Equity. Chapter X of the Labor code identifies Specific Provisions on Women's
Labor. Article 154 states that “Employers shall ensure the implementation of gender equality
and measures to promote gender equality in recruitment, employment, training, working
hours and rest periods, wages and other policies. “. This Article also states that: “Employers
shall consult with female employees or their representatives when taking decisions which
affect the rights and interests of women�?.
• Prevent Child Labor. Article 162 states that: “Employer shall only employ a minor
employee (under 18 years old) in work suitable to the health of the minor employee in order
to ensure his/her physical, mental and personality development, and shall have the
responsibility to take care of the minor employee in regard to his/her work, wage, health and
study in the course of his/her employment�?. Article 163 lists the tasks prohibited for minor
employees. Article 164 states that “An employer is only entitled to employ persons from 13
full years of age to fewer than 15 years of age to undertake light work in accordance with the
list issued by the Ministry of Labor, Invalids and Social�?.
• Disabled Laborers. Section 4 of Chapter XI of the Labor code covers disabled laborers.
Under Article 176, it is indicated that: “The State shall protect the rights to work and to self-
employment of workers with disabilities, adopt policies to encourage and provide incentives
for employers to create work for and to employ workers with disabilities in accordance with
the Law on People with Disabilities�?.
21. Social Security Law. Under this law, the contribution of health insurance is an obligation of
both the employers and all the Vietnamese and foreign employees working in Vietnam under the
Labor contracts with a term of a full 03 months or more. With health insurance contribution, the
employees will be entitled to medical treatment expenses and the cost for rehabilitation (partly or
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wholly depending on certain situations), including cases of suffering Labor accidents and
occupational diseases.
5. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATION HEALTH AND
SAFETY
22. The two key Vietnamese labor legislations regarding OHS are the Labor Code and the Law
on Occupational Safety and Health.
23. The Labor Code which governs all different sectors and industries in Vietnam enacts general
regulations on the occupational health and safety at the workplaces and the regime on Labor
accidents, occupational disease of employees. These general regulations are applicable to all
Vietnam-based employers (including international companies based in Vietnam), Vietnamese and
foreign employees who are working in Vietnam. Under the Labor Code, the employers are required
to implement measures to ensure OHS at the workplace, and the employees must comply with them.
The main measures are as follow:
• All types of machinery, equipment and materials with strict requirements for Labor safety as
detailed by the Vietnamese Government from time to time must be tested and verified prior
to being commissioned for use, and must be periodically tested and verified by an
organization conducting technical Labor safety testing and verification.
• The employers must provide the employees engaged in hazardous work activities with
sufficient personal protective equipment and facilities which meet quality standards as
provided by the relevant laws, and the employees must use such equipment and facilities
during work in accordance with the regulations of the Ministry of Labor, War Invalids and
Social Affairs of Vietnam (MOLISA). The employers must hold training classes on OSH for
employees, apprentices and trainees when they are recruited and when work is assigned to
them.
• The employers must arrange periodic health checks for the employees once per year or once
per each six months.
• The employers are also required to: (i) ensure that the workplaces meet the requirements on
spaces, airiness, dust, steam, toxic gas and other harmful factors as prescribed in relevant
technical regulations; (ii) ensure safe and hygienic working conditions for machines,
equipment and workshops as required by the promulgated or applied national technical
regulations or standards on OSH at the workplaces; (iii) check and evaluate dangerous and
harmful factors at the workplaces in order to put forward measures to avert and minimize
dangers and harm and improve working conditions and healthcare for the employees; (iv)
examine and maintain machines, equipment, workshops and warehouses on a periodic basis;
(v) display signboards of instructions regarding OHS covering the operation of machines,
equipment and the workplaces at easy-to-read and visible locations at the workplaces; and
(vi) obtain opinion from the organization representing the Labor collective at the grassroots
level (trade union or Labor union) when formulating and implementing plans on activities
ensuring OHS.
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24. In addition, the Labor Code also provides obligations for the employers in the event that an
employee is victim of a Labor accident or of an occupational disease, as well as the rights and benefit
regimes to which the concerned employees are entitled in these cases.
25. The Law on Occupational Health and Safety (No. 84/2015/QH13), seeks to assure
occupational health and safety and introduces policies for victims of labor accidents and occupational
diseases. It also provides state management and rights and obligations of organizations and
individuals in occupational safety and hygiene.
26. The provisions of this law are applicable to all Vietnamese employers and to all Vietnamese
employees (including Vietnamese employees working aboard under contracts) and foreign
employees who are working in Vietnam, and also to all different sectors and industries.
27. More particularly, this law regulates the employers' obligation to contribute to insurance
covering Labor accident and occupational disease insurance for the employees covered by the social
insurance under the Social Security Law. Vietnamese employees who work under the Labor
contracts with a total term of 03 months or more are entitled to social insurance.
28. Thus, when a Vietnamese employee working in Vietnam, who contributed to social insurance,
is injured or becomes ill or even dies during the course of his or her employment, all related costs
such as payment for being unable to work, retraining and even lump sum amounts for permanent
impairments or death, are paid by the Social Insurance Fund of Vietnam.
6. RESPONSIBLE STAFF
29. MOLISA/DOLISA. Enforcement of the Labor Code is the responsibility of the Ministry of
Labor, War Invalids and Social Welfare (MOLISA) and of each Department of Labor, War Invalids
and Social Welfare (DOLISA) in each province.
30. The Project Management Unit (PMU). The ODA PMU is located in Vinh Long City and
will be responsible for overall project management and coordination of the Project, including the
compliance with safeguards requirements including on labor and working condition. The PMU will
hire consultant(s) with expertise in environmental, social, occupational health and safety issues. The
PMU will be responsible for the following tasks relevant to labor and working conditions:
1) Undertake the overall implementation of this LMP.
2) Engage and manage contractors/subcontractors in accordance with these LMP and the
applicable Procurement Documents.
3) Ensure that contractors prepare their labor management procedures (Contractor’s LMP) that
comply with this LMP and Contractor’s ESMP (including OHS provisions) for approval
before the contractor is allowed to mobilize to the field.
4) Monitor3 that contractors/subcontractors are meeting obligations towards contracted workers
as included in the Contractor’s LMP and ESMP and the applicable Procurement Documents.
5) Monitor the potential risks of child labor, forced labor and serious safety issues in relation to
primary supply workers.
6) Monitor training of relevant project workers.
3
The PMU shall establish resources and procedures for managing and monitoring the performance of the contractor in relation to the LMP. The PMU
will ensure that the contract with the construction and supervision consultants explicitly set out their monitoring responsibility for the contractor’s
performance on labor and working conditions on a daily basis. The monitoring may include, inspections, and/or spot checks of project locations or
work sites and/or of labor management records and reports compiled by the contractor. For more details, see Chapter 11 “Contractor Management�?.
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7) Ensure that the grievance mechanism for project workers is established and implemented and
that workers are informed of it.
8) Monitoring the implementation of the Worker Code of Conduct and any other measures to
address risks of sexual exploitation and abuse (SEA)/sexual harassment (SH).
9) Report to the World Bank on labor and occupational health and safety performance.
31. The Construction and Supervision Consultant. The PMU will be supported by the
construction and supervision consultant who will be responsible for monitoring the contractors of the
civil works as well as monitoring adherence to the safeguard instruments. They will oversee the
performance on labor and working conditions on a daily basis on behalf of the PMU, which will be
explicitly set out in their contract. The Construction and Supervision Consultant will employ
qualified expert(s) for such oversight and report on performance to the PMU.
32. The Contractor will be responsible for the following:
1) Employ or appoint qualified environmental, social, occupational health and safety expert(s)
to manage OHS issues.
2) Prepare and implement their labor management procedure (Contractor’s LMP) and
Contractor’s ESMP (including OHS provisions)4 which will apply to the contracted workers
who work on the projects. These procedures and plans will be submitted to the PMU for
review and approval before the contractor is allowed to mobilize to the field.
3) Supervise their subcontractors’ adherence to the LMP and ESMP.
4) Maintain records of recruitment and employment of contracted workers (including
subcontractors) with age verification to avoid child labor.
5) Provide induction and regular training to contracted workers on environmental, social and
occupational health and safety issues.
6) Require the primary supplier to identify and address risks of child labor, forced labor and
serious safety issues, and risks of equity and discrimination for primary supply workers.
7) Develop and implement the grievance mechanism for contracted workers, including ensuring
that grievances received from their contracted workers resolved promptly, and reporting the
status of grievances and resolutions.
8) Ensure that all contractor and subcontractor workers understand and sign the Code of Conduct
prior to the commencement of works, take all other measures to address risks of sexual
exploitation and abuse (SEA)/sexual harassment (SH) as specified in the contractor’s
LMP/ESMP and supervise compliance with such measures.
9) Report to PMU on labor and occupational health and safety performance.
4
The Contractor’s LMP and the Contractor’s ESMP may be prepared as separate documents or integrated into a single document.
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Table 2: Summary of the project staff/party responsible for various key issues
Key issues Direct workers Contracted workers Primary supply workers
Hiring and - PMU to engage/manage - Contractor/Subcontractor - n/a (outside the scope of
managing consultants (site manager and/or OHS ESS2)
individual - PMU to engage/manage officer)
project Construction and
workers Supervision consultant
OHS - n/a (direct workers will - Contractor to require the
follow OHS measures when primary supplier to
visiting construction sites) identify/address child
labor/forced labor and
Child labor - n/a (the contract for direct serious safety risks.
and forced workers does not allow - PMU/Construction and
labor child labor and forced Supervision consultants to
labor) review
Training - PMU/Construction and - n/a (outside the scope of
Supervision consultants ESS2)
Code of - n/a (the contract for direct
conduct workers will address
relevant risks.)
Grievance - PMU/Construction and - Contractor and
mechanism Supervision consultants PMU/Construction and
Supervision consultants
Monitoring - PMU/Construction and - Contractor to monitor and - Contractor to monitor and
and reporting Supervision consultants to report to PMU report to PMU
monitor and report to World - PMU/Construction and - PMU/Construction and
Bank Supervision consultant to Supervision consultant to
monitor and report to World monitor and report to World
Bank Bank.
7. POLICIES AND PROCEDURES
33. The Vinh Long Project will apply the following policies and procedures to address the key
labor risks identified under Chapter 3. The summary of indicative procedures to implement the
polices is presented in the following table (Table 3).
1) Occupational health and safety (OHS). Pursuant to the relevant provisions of the Labor
Code (Chapter IX on Labor Safety, Labor Sanitation Articles 95-108), ESS2 (including WBG
General Environmental, Health and Safety Guidelines (EHSGs5)), the Project’s ESMP and
WB standard procurement documents6, the contractor shall manage all construction sites in
such a way that the workers and the community are properly protected against possible OHS
risks. Key elements of OHS measures should include (a) identification of potential hazards to
workers; (b) provision of preventive and protective measures; (c) training of workers and
maintenance of training records; (d) documentation and reporting of occupational accidents
5
The WBG General EHSGs are technical reference documents with general statements of Good International Industry Practice, which provide guidance
to users on general EHS issues. The applicability of the ESHGs should be tailored to the hazards and risks established for each project.
6
The WB Standard Procurement Document for Work is likely to be used for the Vinh Long Project construction works, which will include relevant
OHS provisions, such as the appointment of ESHS officer, development of Contractor-ESMP, compliance with OHS measures and reporting, and the
use of Code of Conduct.
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and incidents; (e) emergency preparedness; and (f) remedies for occupational injuries and
fatalities.
2) Child labor. The minimum age of project workers eligible for any type of work under the
Vinh Long project (including construction work) is set at 18. The engagement of project
workers between the age of 15 and under 18 years may be allowed only for non-hazardous
work that would not interfere with the child’s education (subject to prior risk assessment and
regular monitoring on health and safety conditions, hours of work and any other aspects) in
accordance with ESS2. To prevent engagement of under-aged labor, all contracts shall have
contractual provisions to comply with the minimum age requirements including penalties for
non-compliance. The contractor is required to maintain labor registry of all contracted
workers with age verification.
3) Labor influx. To minimize the labor influx, the Vinh Long Project will contractually require
the contractor to preferentially recruit unskilled labor from the local communities and
especially in LIAs. All contracted workers will be required to sign the code of conduct (see
Annex 1 on the Guideline on Code of Conduct) prior to the commencement of work, which
includes a provision to address the risk of Gender Based Violence (GBV). The code of
conduct governs both on-site behavior (with colleagues) and conduct in the community.
Relevant trainings will be provided to workers, such as induction and daily toolbox talks
outlining expected conduct and local community values.
4) Labor disputes over terms and conditions of employment. To avoid labor disputes, fair
terms and conditions will be applied for project workers in the Vinh Long Project (more
details are provided in Chapter 9). The Project will also have grievance mechanisms for
project workers (direct workers and contracted workers) in place to promptly address their
workplace grievances (more details are provided in Chapter 10). Further, the Project will
respect the workers’ right of labor unions and freedom of association, as set out in the national
Labor Code (Chapter XIII, Trade Union).
5) Discrimination and exclusion of vulnerable/disadvantaged groups. The employment of
project workers under the Vinh Long Project will be based on the principle of equal
opportunity and fair treatment, and there will be no discrimination with respect to any aspects
of the employment relationship, such as recruitment and hiring, terms of employment
(including wages and benefits), termination and access to training. To address the risk of
exclusion of vulnerable groups (such as women and persons with disabilities) from
employment opportunities, the Project will require the contractor to employ such groups as
part of their unskilled workforce. The contractor will be also required to comply with the
national Labor Code (Chapter X) on gender equality in the work place, which will include
provision of maternity leave and nursing breaks and sufficient and suitable toilet and washing
facilities, separate from men and women workers. The contractor will be also required to
enable safety in the workplace to address potential sexual exploitation or harassment in
recruitment or retention of skilled or unskilled female workers supported, and potential
discrimination along ethnic lines under the project.
34. Monitoring and reporting. The contractor shall report to the PMU and to the construction
and supervision consultants on the status of implementation of the above policies and procedures on
a monthly basis. The PMU and the construction and supervision consultants will closely monitor the
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contractor/subcontractor on labor and occupational health and safety performance and report to the
World Bank on a quarterly basis (see Chapter 11 for more details).
35. Fatality and serious incidents. In the event of an occupational fatality or serious injury, the
PMU shall report to the Bank as soon as becoming aware of such incidents, and inform the
government authorities (where available) in accordance with national reporting requirements (Labor
Code Chapter IX, section 2). Corrective actions shall be implemented in response to project-related
incidents or accidents. The PMU or, where relevant the contractor, will be required to conduct a root
cause analysis for designing and implementing further corrective actions.
Table 3: Overview of Project policies and indicative procedures to address key labor risks
Key labor risks Policies to address risks Procedures to back up the policy
1. OHS risks - In conformity with OHS - Select legitimate and reliable contractor through
requirements as set out in Labor screening OHS records.
Code (Chapter IX Articles 133- - Address adequately OHS risks with non-
152), ESS2 (including WBG compliance remedies in procurement documents.
EHSGs), the Project ESMP and - Require the contractor to engage qualified OHS
WB standard procurement staffing
documents. - Enhance workplace OHS awareness and training.
- Provide materials for handwashing and hygiene at
work sites.
- Provide masks in case of infectious disease
outbreaks;
- Practice social distancing on the worksite,
following national and international guidelines.
- Conduct routine monitoring and reporting.
2. Child labor - Set the minimum age of project - Include minimum age in procurement documents.
workers eligible for any type - Raise awareness on child protection with
for work (including contractors and in the communities.
construction work) at 18 years. - Maintain labor registry of all contracted workers
- Allow the engagement of with age verification.
project workers between the - Develop remedial procedures to deal with child
age of 15 and under 18 years labor incidents.
only for non-hazardous work
that would not interfere with
the child’s education in
accordance with ESS2.
3. Labor influx - Minimize the labor influx by - Require the contractor to preferentially engage
prioritizing local workforce. unskilled local workforce form the local
- Minimize labor-related risks on communities (especially in LIAs).
the community through the - Make all contracted workers sign code of conduct,
code of conduct, including including prevention of GBV.
GBV. - Make all contracted workers to follow the rules for
on-site behavior (with colleagues) and conduct in
the community.
- Conduct induction and toolbox talks outlining
expected conduct and local community values.
- Introduce disciplinary measures for violations and
misbehaviors.
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Key labor risks Policies to address risks Procedures to back up the policy
4. Labor disputes - Respect the national Labor - Provide workers with contracts with fair terms and
Code and promptly address conditions.
workplace grievances to - Have grievance mechanisms in place to promptly
minimize the risk of labor address workplace concerns.
disputes. - Respect the national Labor Code on workers’ right
of labor unions and freedom of association.
5. Discrimination - Promote no discrimination and - Require the contractor to employ vulnerable
and exclusion equal opportunity with respect groups as part of unskilled workforce.
of vulnerable to any aspects of the - Provide maternity leave and nursing breaks where
or employment relationship. relevant.
disadvantaged - Arrange sufficient and suitable toilet and washing
groups facilities, separate for men and women workers.
- Require the contractor to address potential sexual
exploitation or harassment in recruitment or
retention of skilled or unskilled female workers.
- Require the non-discrimination and harassment
and should be socialized/basis for training, and
covers potential ethnic discrimination.
6. Security risks - Take appropriate and - Arrange security protection to be determined by
proportionate security security authorities to address external security
measures to minimize the risks (such as terrorism and armed insurgency).
potential risk to the workers. - Restrict work hours to minimize security threat.
- Maintain low profile of the site and workers.
- Address internal security risks associated with the
deployment of security personnel on the
community and project workers in line with the
WB Good Practice Note “Assessing and
Managing the Risks and Impacts of the Use of
Security Personnel�? (such as the training of
security officers on the principles of
proportionality in the use of force.).
8. AGE OF EMPLOYMENT
36. Age limitation for hazardous work. As indicated above, the national Labor Code (Articles
162-165) states that it is forbidden to employ children below 15 years of age, except for those
professions and jobs to be defined by the Ministry of Labor, War Invalids and Social Welfare.
Similarly, ESS2 (para 19) sets out further conditions on the minimum age, stating that a child over
the minimum age and under the age of 18 will not be employed or engaged in connection with the
Bank-financed project in a manner that is likely to hazardous7 or interfere with the child’s education
or be harmful to the child’s health or physical, mental and any other relevant development.
Considering these national and WB requirements, the minimum age for hazardous work under the
Vinh Long Project (including construction) is set at 18 (for example, work at quarries to obtain
7
Examples of hazardous work activities prohibited for persons between the minimum age and 18 under ESS2 include work: (a) with exposure to
physical, psychological or sexual abuse; (b) underground, underwater, working at heights or in confined spaces; (c) with dangerous machinery,
equipment or tools, or involving handling or transport of heavy loads; (d) in unhealthy environments exposing children to hazardous substances, agents,
or processes, or to temperatures, noise or vibration damaging to health; or (e) under difficult conditions such as work for long hours, during the night
or in confinement on the premises of the employer.
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construction materials; work with dangerous machinery, equipment or tools; work involving
handling or transport of heavy loads; or work at height).
37. Minimum age for project workers. The national Labor Code as well as ESS2 allow persons
under 18 and over 15 to be engage if the work is non-hazardous and does not interfere with the
child’s education and not harmful to the child’s development (for example, administrative work, site
cleaning or rubbish removal). Considering this, the minimum age of project workers for such (non-
hazardous) work under the Vinh Long Project is set at 15 and the minimum age of project workers
eligible for construction works is set at 18.
38. The process of age verification. In order to prevent engagement of under-aged labor, all
contracts with work contractors shall have contractual provisions to comply with the minimum age
requirements including penalties for non-compliance, and it will be well communicated to all
potential stakeholders including the local community where the unskilled workforce will be sourced.
The contractor is required to maintain labor registry of all contracted workers with age information.
Verification of the age shall be undertaken prior to the engagement of labor and be documented based
on the workers ID or other relevant legal documents.
9. TERMS AND CONDITIONS
39. Direct workers. The terms and conditions for direct workers in PMU and the construction
and supervision consultants will be governed by the Standard World Bank Consultancy which set
higher standards than the national Labour Code.
40. Contracted workers. Labour Code of Vietnam presented in Chapter 3 (Overview of Labour
Legislation) above is the guiding legislation on employment terms and conditions for contracted
workers.
41. Provision of written individual contract of employment. A written individual contract of
employment shall be provided to workers that specify the following: (a) name of workers; (b) address,
occupation, age and sex of workers; (c) employer’s name and address; (d) nature and duration of
contract; (e) hours and place of work; (f) remuneration payable to the worker; (g) procedure for
suspension or termination of contract. Depending on the origin of the employer and the employee,
employment terms and conditions will be communicated in a language that is understandable to both
parties. In addition to written documentation, an oral explanation of conditions and terms of
employment will be provided to workers who may have difficulty understanding the documentation.
42. Notice for termination of contract. Either of the contracting parties may terminate a contract
of employment by giving written notice as under: (a) not less than ten days in the case of manual
workers; or (b) not less than 30 days in the case of non-manual workers. No notice needs to be given
in case the duration of contract does not exceed one month.
43. Minimum Wages. While the mechanism to set the official minimum wage is prescribed by
the State (Labour Code, Article 91) is not currently functioning, the market rate is available for each
job type in different locality. The fair market rate will be identified and applied for the Vinh Long
project workers.
44. Hours of Work. The normal hour of work of a project worker shall not exceed 8 hours a day
or 48 a week (Labour Code, Article 104). Hours worked in excess of the normal hours of work shall
not exceed 12 hours a week and shall entitle a worker to a proportionate increase in remuneration.
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45. Rest per week. Every worker shall be entitled to one day’s rest each week, which should
normally fall on Sunday (Article 108). It shall consist of at least 24 consecutive hours each week.
Workers shall also be entitled to a rest day on public holidays recognized as such by the State.
46. Annual leave. Workers shall be entitled to 12 to 16 days’ leave with pay for every year of
continuous service (Art. 111). An entitlement to leave with pay shall normally be acquired after a
full year of continuous service.
47. Maternity leave. A female worker shall be entitled, on presentation of a medical certificate
indicating the expected date of her confinement, to 6 months maternity leave (Art 157). During
maternity leave, the female employee is entitled to maternity benefits as regulated in the Law on
Social Insurance.
48. Deductions from remuneration. No deductions other than those prescribed by the Code
(Article 101) or regulations made hereunder, or any other law or collective Labour agreement shall
be made from a worker’s remuneration, except for repayment of advances received from the
employer and evidenced in writing. The contractor shall not demand or accept from workers any cash
payments or presents of any kind in return for admitting them to employment or for any other reasons
connected with the terms and conditions of employment.
49. Death benefit. In case of death of a worker during his contract of employment, the employer
shall pay to his heirs an amount equivalent to 30 months’ wages (Art. 145).
50. Medical treatment of injured and sick workers. It shall be the duty of the employer to
arrange at his own expense for the conveyance to the nearest hospital of any injured or sick worker
who can be so conveyed and who cannot be treated on the spot with the means available (article 144).
51. Collective Agreements. A collective agreement is an agreement relating to terms and
conditions of work concluded between the representatives of one or more trade unions, on the one
hand, and the representatives of one or more employers, on the other hand. Where collective
agreements exist between the employer and project workers, such agreements will be applied, where
relevant.
10. GRIEVANCE MECHANISM
52. General principles. While the Vinh Long Urban Development and Climate Resilience Project
will have in place a grievance mechanism to address concerns of project-affected parties, the nature of
workplace concerns of workers is usually different. For example, typical work place grievances include
demand for employment opportunities; labor wages rates and delays of payment; disagreement over
working conditions; and health and safety concerns in work environment. Therefore, a separate
grievance mechanism will be established for project workers (direct workers and contracted workers) as
required in ESS2.
53. Handling of grievances should be objective, prompt and responsive to the needs and concerns of
the aggrieved workers. Different ways in which workers can submit their grievances should be allowed,
such as submissions in person, by phone, text message, mail and email. The grievance raised should be
recorded and acknowledged within one day. While the timeframe for redress will depend on the nature
of the grievance, health and safety concerns in work environment or any other urgent issues should be
addressed immediately. Where the grievance cannot be addressed within a reasonable timeframe, the
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aggrieved worker should be informed in writing, so that the worker can consider proceeding to the State
inspection on labor (see below for more details). The mechanism will also allow for anonymous
complaints to be raised and addressed. Individuals who submit their comments or grievances may request
that their name be kept confidential.
54. Direct workers. Each unit engaging direct workers (PMU and the construction and supervision
consultants) will hold periodic team meetings to discuss any workplace concerns. The grievance raised
by workers will be recorded with the actions taken by each unit. The summary of grievance cases will be
reported to the World Bank as part of the regular report. Where the aggrieved direct worker wishes to
escalate their issue or raise their concerns anonymously and/or to a person other than their immediate
supervisor/hiring unit, the worker may raise the issue with responsible municipal authorities (e.g.
DOLISA), where relevant. Where the construction and supervision consultants have an existing
grievance system, their direct workers should use such mechanism.
55. Contracted workers. The site manager and the OHS officer (or any other appropriate officers)
of the contractor will hold a daily team meeting with all present contracted workers at site at the end of
the daily work to discuss any workplace grievances. The grievance raised will be recorded with the
actions taken by the contractor. The summary of grievance cases will be reported to the PMU and the
construction and supervision consultant as part of contractor’s periodic report. Where appropriate and
available, the contracted workers should be allowed to utilize an existing grievance mechanism within
the contractor. Where the aggrieved workers wish to escalate their issue or raise their concerns
anonymously and/or to a person other than their immediate supervisor, the workers may raise their issue
with the PMU and/or the construction supervision consultant. The contracted workers will be informed
of the grievance mechanism prior to the commencement of work. The contact information of the PMU
and/or the construction supervision consultants will be shared with contracted workers.
56. State Inspection on Labor, Sanctions Against Violations of Labor Legislation. As per the
Labor Code (Articles 237-239), the labor inspector is mandated to settle complaints and denunciations
of employees of violations of the labor legislation and to receive and settle complaints and
denunciations about violations of the labor legislation, as prescribed by law.
57. Grievance Handling Procedure. The table provides steps with responsibilities of grievances
relating to the complaint handling linked to labor issue. The key purpose of this exercise is to present
GRM process in an effective and user-friendly manner.
Table 4: GRM procedures for complaint handling process
Steps Complainants GRM Functions Timeframe
Community level GRM/mediation: The Affected Person (AP)/workers/complainant (or his/her
representative) may submit his/her complaint in several ways e.g. by written letter, phone, SMS messages and
email to the GRM or, alternatively, raise his/her voice in a public or individual meeting with project staff.
1 Submission of complaint to • Conduct public consultations among the affected
the local or community level communities to use grievance service. 7- 14 days
GRM/mediation • Register a grievance in the project logbook and
grievance database.
• Segregate/sort and process.
• Acknowledge and follow up of grievance.
• Verify investigate, and act
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Steps Complainants GRM Functions Timeframe
• Provide written response to the complainants.
Project or Site level GRM:
(a) Project Level GRM: If resolution at local/community level is unsuccessful, or the Affected Person
(AP) can take his or her complaint to project level GRM.
2 Submission of grievance to • Conduct coordinating meetings among 15 days
the project level GRM complainants/public and appropriate
through one of the channels administration levels.
• Provide written response to the complainant.
• Provide written response to the complainant
(b) GRM for Workers: The project workers (all three categories, direct workers, contracted workers and
primary supply workers) can directly register their complaints with the GRM for workers. The
members of this GRM will be trained to be capable to address grievances by workers, including
workplace complaints in an efficient and effective manner to meet national regulations on labors and
World Bank ESS2.
3 Workers or labor association • Refer workers related complaints to the Workers 10 days
will submit their grievance to GRM.
the GRM for Workers
• Registration, classification and analysis of
through one of the channels
grievances.
• Convene the GRM for workers meeting to
analyze and resolve the complaint.
• Provide written response to the
complainant/contractor.
• Provide guidance with recommendations to the
contractor to improve working condition/labor
management issues.
Provincial Level GRM: In case the grievance is not resolved within 10 days of its receipt or it is unattended,
the complainant can approach the provincial level GRM or to the court. The grievance will be examined and
addressed within 30 days.
4 Workers, labor associations • Conduct coordinating meetings/ resolution 30 days
or the AP can refer the sessions with complainants.
complaint to the provincial
• Investigate the complaints.
GRM
• Provide written response to the complainants.
Referee Level: If all above fails, the last recourse is the stipulations in the Labor Code.
58. Grievances related to Gender Based Violence (GBV). To avoid the risk of stigmatization,
exacerbation of the mental/psychological harm and potential reprisal, the GRM shall have a different
and sensitive approach to GBV related cases. The GRM equally applies to workers who experience
GBV. Where such a case is reported to the GRM, it should immediately be referred to the appropriate
service providers, such as medical and psychological support, emergency accommodation, and any
other necessary services. It should also be reported to the safeguard staff of the PMU who can advise
on relevant service providers. Data on GBV cases should not be collected through the GRM unless
operators have been trained on the empathetic, non-judgmental and confidential collection of these
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complaints. Only the nature of the complaint (what the complainant says in her/his own words) and
additional demographic data, such as age and gender, can be collected as usual.
59. Publicizing the GRM. The PMU will be in charge of publicizing the GRM. PMU should
ensure that GRM is explained during public meetings. PMU should also ensure that leaflets on GRM
are distributed during public meetings and made available at ward/commune levels with contact
numbers of the focal person for the GRM. Posters will be also be posted at ward/commune levels.
60. The following procedures shall be followed while filing and processing complaints through
the above described GRM structures:
o Grievance Register Book: A grievance register book shall be opened and kept in the office of
resident engineer. All grievances shall be registered when and upon the receipt of complaints
from the aggrieved. The book shall have: i) case reference number, ii) the aggrieved name,
iii) the date the case is received, iv) the date the case is resolved and, v) a remarks column;
o Responsibility for Registering Complains: the resident focal point in the project area shall
register in the Grievance Register Book all written complaints received;
o Case Receipt: Within 24 hours of receiving complaints, the monitoring consultant shall issue
a letter to the aggrieved acknowledging receipt of the case and providing a date when the case
will be reviewed as well as the venue;
o Public Access to the book: The book shall be accessible to the public;
o GBV grievances will not be documented in the public accessible book. However, a GBV
action plan will be prepared to manage related risks. The all-level women’s unions will be
engaged for awareness raising and ensure a system that capture GBV/SEA and HIV/AIDS
related issues will be developed;
o PAPs: All PAPs who have issues with their compensation and assistances are required to
submit written complaints to the appropriate level of GRMs;
o Mediation meetings and outcomes will be recorded and kept by the GRM person-in-charge.
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THE GRIEVANCE PROCESS CHART
Follow up with Grievance Redress
World Bank Office Services (GRS)
Notify
Management level If not resolved
If resolved
Follow up with World Bank &
GRM monitor Independent Monitor
Project level If not resolved
If resolved
Provincial People’s Provincial People’s Vinh Long ODA Project
Court Committee (PPC) Management Unit (PMU)
Province level If not resolved
If resolved
City/District City/District People’s City/District PC Office
People’s Court Committee (C/DPC) Secretariat
City/District level If not resolved
Ward/Commune People’s If resolved Ward/Commune PC
Committee (W/CPC) Office Secretariat
Ward/Commune level
Major issues
If not resolved
If resolved
Local leader/Fatherland
Complainant Front/Mediation channel
Inform
61. (grassroot) community level
Local
11. CONTRACTOR MANAGEMENT
62. Selection of Contractors. The Vinh Long Project will use the World Bank Standard
Procurement Documents for Works for solicitations and contracts. These include labor and
occupational, health and safety requirements. The PMU shall make reasonable efforts to ascertain
that the contractor who will engage contracted workers is legitimate and reliable entities and able to
comply with the relevant requirements under the LMP. Such requirements shall be included in the
bidding documents. As part of the process to select the contractors who will engage contracted
workers, the PMU may review the following information:
• Business licenses, registrations, permits, and approvals
• Public records, for example, corporate registers and public documents relating to violations
of applicable labor law; accident and fatality records and notifications to authorities; labor-
related litigations
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• Documents relating to the contractor’s labor management system and OHS system (e.g., HR
manuals, safety program); ESHS personnel and their qualification
• Previous contracts with contractors and suppliers (showing inclusion of provisions and terms
reflecting requirements on labor and working conditions).
63. Contractual Provisions and Non-Compliance Remedies. The PMU shall incorporate the
agreed labor management requirements as specified in the bidding documents into contractual
agreements with the contractor, together with appropriate non-compliance remedies (such as the
provision on withholding 10 % of payment to the contractor in case of non-compliance with relevant
environmental, social, health and safety requirements; removal of personnel from the works; or lack
in the OHS performance security). In the case of subcontracting, the PMU will require the contractor
to include equivalent requirements and non-compliance remedies in their contractual agreements
with subcontractors.
64. Performance Monitoring. The PMU shall establish resources and procedures for managing
and monitoring the performance of the contractor in relation to the LMP. The PMU will ensure that
the contract with the construction and supervision consultants explicitly set out their monitoring
responsibility for the contractor’s performance on labor and working conditions on a daily basis. The
monitoring may include, inspections, and/or spot checks of project locations or work sites and/or of
labor management records and reports compiled by the contractor. Contractors’ labor management
records and reports that should be reviewed would typically include the following:
• Representative samples of employment contracts and signed code of conduct;
• Grievances received from the community and workers and their resolution;
• Reports relating to fatalities and incidents and implementation of corrective actions;
• Records relating to incidents of non-compliance with national Labor Code and the provisions
of the LMP; and
• Records of training provided for contracted workers to explain occupational health and safety
risks and preventive measures.
65. The Project requires that contractors monitor, keep records and report on terms and conditions
related to Labor management. The contractor must provide workers with evidence of all payments
made, including social security benefits, pension contributions or other entitlements regardless of the
worker being engaged on a fixed term contract, full-time, part-time or temporarily. The application
of this requirement will be proportionate to the activities and to the size of the contract, in a manner
acceptable to the PMU and the World Bank:
• Labor conditions: records of workers engaged under the Project, including contracts registry
of induction/training of workers including Code of Conduct, hours worked, remuneration and
deductions (including overtime), collective bargaining agreements.
• Safety: recordable incidents and corresponding Root Cause Analysis (lost time incidents,
medical treatment cases), first aid cases, high potential near misses, and remedial and
preventive activities required (for example, revised job safety analysis, new or different
equipment, skills training, and so forth).
• Workers: number of workers, indication of origin (expatriate, local, nonlocal nationals),
gender, age with evidence that no child Labor is involved, and skill level (unskilled, skilled,
supervisory, professional, management).
• Training/induction: dates, number of trainees, and topics.
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• Details of any security risks: details of risks the contractor may be exposed to while
performing its work—the threats may come from third parties external to the project.
• Worker grievances: details including occurrence date, grievance, and date submitted;
actions taken and dates; resolution (if any) and date; and follow-up yet to be taken—
grievances listed should include those received since the preceding report and those that were
unresolved at the time of that report.
12. PRIMARY SUPPLY WORKERS
66. Potential risks in primary supply workers. The construction work under the Vinh Long
Project will require primary supplies including construction materials essential for the functions of
the proposed infrastructure, such as aggregates, bitumen and precast concrete interlocking blocks.
Some contractors may be able to produce such construction materials by their workforce. However,
where the contractor will source (a) essential materials (b) directly from primary suppliers (c) on an
ongoing basis, the workers engaged by such primary suppliers (that meet all three criteria (a) to (c))
are deemed “primary supply workers�?, as defined in ESS2. As discussed in Chapter 3 (Key Labor
Risks), The OHS risks are also deemed to be generally significant in the construction sector including
quarry sites where there is no functioning Labor inspection mechanism. To address these potential
risks, the following measures will be taken:
• Selection of primary suppliers. When sourcing construction materials from primary
suppliers, the contractor will require such suppliers to identify the risk of child labor/force
labor and serious safety risks in producing the construction materials. The PMU and the
construction and supervision consultants will review and approve the purchase of primary
supplies from the suppliers following such risk identification/assessment and any other
relevant due diligence (such as the review of license for quarries). Where appropriate, the
contractor will be required to include specific requirements on child labor/forced labor and
work safety issues in all purchase orders and contracts with primary suppliers.
• Remedial process. If child labor/forced labor and/or serious safety incidents are identified in
relation to primary supply workers under the Vinh Long Project, the PMU and the
construction and supervision consultants will require the primary supplier to take appropriate
steps to remedy them. Such mitigation measures will be monitored periodically to ascertain
their effectiveness. Where the mitigation measures are found to be ineffective, the PMU and
the construction and supervision consultants will, within reasonable period, shift the project’s
primary suppliers to suppliers that can demonstrate that they are meeting the relevant
requirements.
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ANNEX
Annex 1: Guidelines on Code of Conduct
1. A satisfactory code of conduct will contain obligations on all project workers (including sub-
contractors) that are suitable to address the following issues, as a minimum. Additional obligations
may be added to respond to particular concerns of the municipality, the location and the project sector
or to specific project requirements.
2. The Code of Conduct should be written in Vietnamese and signed by each worker to indicate
that they have:
• received a copy of the code;
• had the code explained to them;
• acknowledged that adherence to this Code of Conduct is a condition of employment; and
• understood that violations of the Code can result in serious consequences, up to and including
dismissal, or referral to legal authorities.
3. The Contractor should conduct continuous awareness raising and training activities to ensure
that workers abide by the Code of Conduct (such as through toolbox talks). The Contractor should
also ensure that local communities are aware of the Code of Conduct and enable them to report any
concerns or non-compliance.
4. The issues to be addressed include:
1) Compliance with applicable laws, rules, and regulations of the jurisdiction
2) Compliance with applicable health and safety requirements (including wearing prescribed
personal protective equipment (PPE), preventing avoidable accidents and a duty to report
conditions or practices that pose a safety hazard or threaten the environment)
3) The use of illegal substances
4) Non-Discrimination (for example on the basis of family status, ethnicity, race, gender,
religion, language, marital status, birth, age, disability, or political conviction)
5) Interactions with community members (for example to convey an attitude of respect and
non-discrimination)
6) Sexual harassment (for example to prohibit use of language or behavior, in particular
towards women or children, that is inappropriate, harassing, abusive, sexually provocative,
demeaning or culturally inappropriate)
7) Violence or exploitation (for example the prohibition of the exchange of money,
employment, goods, or services for sex, including sexual favors or other forms of humiliating,
degrading or exploitative behavior)
8) Protection of children (including prohibitions against abuse, defilement, or otherwise
unacceptable behavior with children, limiting interactions with children, and ensuring their
safety in project areas)
9) Sanitation requirements (for example, to ensure workers use specified sanitary facilities
provided by their employer and not open areas)
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10) Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort
of preferential treatment or favors, are not provided to any person with whom there is a
financial, family, or personal connection)
11) Respecting reasonable work instructions (including regarding environmental and social
norms)
12) Protection and proper use of property (for example, to prohibit theft, carelessness or waste)
13) Duty to report violations of this Code
14) No retaliation against workers who report violations of the Code, if that report is made in
good faith.
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Annex 2: Workers and Workforce Management
A concern during construction phase of the project is the potentially negative impacts of the
workforce interactions with the local communities. For that reason, a Code of Conduct shall be
established to outline the importance of appropriate behavior, alcohol abuse, and compliance with
relevant laws and regulations. Each employee shall be informed of the Code of Conduct and bound
by it while in the employment of the Client or its Contractors. The Code of Conduct shall be available
to local communities at the project information centers or other place easily accessible to the
communities.
The Contractor is responsible for providing appropriate training to all staff according to their level
of responsibility for environmental, health and safety matters.
The Code of Conduct shall address the following measures (but not limited to them):
- All of the workforce shall sign in the CoCs and abide the laws and regulations of the Socialist
Republic of Vietnam;
- Illegal substances, weapons and firearms shall be prohibited;
- Pornographic material and gambling shall be prohibited;
- Fighting (physical or verbal) shall be prohibited;
- Creating nuisances and disturbances in or near communities shall be prohibited;
- Disrespecting local customs and traditions shall be prohibited;
- Smoking shall only be allowed in designated areas;
- Maintenance of appropriate standards of dress and personal hygiene;
- Maintenance of appropriate standards hygiene in their accommodation quarters;
- Residing camp workforce visiting the local communities shall behave in a manner consistent
with the Code of Conduct; and
- Failure to comply with the Code of Conduct, or the rules, regulations, and procedures
implemented at the construction camp will result in disciplinary actions.
- Develop a Code of Conduct for sexual harassment in the workplace and check their
compliance. The PMU should supervise the implementation of this code strictly; regularly
organize activities for raising legal awareness for male and female workers such as provision
of leaflets, regular activities.
Prohibitions. The following activities are prohibited on or near the project site:
- Cutting of trees for any reason outside the approved construction area;
- Hunting, fishing, wildlife capture, or plant collection;
- Buying of wild animals for food;
- Use of unapproved toxic materials, including lead-based paints, asbestos, etc.;
- Disturbance to anything with architectural or historical value;
- Building of fires;
- Use of firearms (except authorized security guards);
- Use of alcohol by workers during working hours;
- Gambling should be strictly forbidden.
- Washing cars or machinery in streams or creeks;
- Doing maintenance (change of oils and filters) of cars and equipment outside authorized
areas:
- Disposing trash in unauthorized places;
- Driving in an unsafe manner in local roads;
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- Having caged wild animals (especially birds) in camps;
- Working without safety equipment (including boots and helmets);
- Creating nuisances and disturbances in or near communities;
- The use of rivers and streams for washing clothes;
- Indiscriminate disposal of rubbish or construction wastes or rubble;
- Littering the site;
- Spillage of potential pollutants, such as petroleum products;
- Collection of firewood;
- Poaching of any description;
- Explosive and chemical fishing;
- Latrine outside the designated facilities; and
- Burning of wastes and/or cleared vegetation.
Security. Some security measures shall be put into place to ensure the safe and secure running of the
camp and its residents. Some of these security measures include:
- The list of workers must be registered to local authorities in accordance with existing
Vietnamese regulations
- Children under 14 years of age will hot hired under the Project
- Adequate, day-time night-time lighting shall be provided;
- Control of camp access. Access to the camp shall be limited to the residing workforce,
construction camp employees, and those visiting personnel on business purposes;
- Prior approval from the construction camp manager for visitor’s access to the construction
camp;
- A perimeter security fence at least 2m in height constructed from appropriate materials;
- Provision and installation in all buildings of firefighting equipment and portable fires
extinguishers.
Any construction worker, office staff, Contractor’s employees or any other person related to the
project found violating theses prohibitions will be subject to disciplinary actions that can range from
a simple reprimand to termination of his/her employment depending on the seriousness of the
violation.
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Annex 3: Worker camp requirement
Workers Camps
Workers’ Camp and Site Installation Requirement. Potential sites of workers’ camps were discussed
with and proposed by local communities and authorities during consultations. Construction camp
sites will have to be approved by local authorities and agreed with local communities prior to their
establishment. If additional camps and ancillary construction sites are selected, for following criteria
must be used:
- Construction sites, including concrete mixing stations and asphalt stations as well as construction
camps will minimize the land occupation by setting them at the interchange areas where relatively
large areas of land will be needed eventually.
- Site offices shall be located at least 200 meters from any existing residential settlements Camp
facilities should not be located in steep slopes;
- Site offices, camps be located at least 100 meters from any watercourses, and be operated so that
no pollutants enter watercourses. Camp areas shall be located to allow effective natural drainage;
- All construction camps shall be zoned according to their use. For example, workers’ camp zone,
sanitary facilities, offices, etc.
- The workforce shall be provided with safe, suitable and comfortable accommodations. They have
to be maintained in clean and sanitary conditions;
- In every site adequate and suitable facilities for washing clothes and utensils shall be provided
and maintained for the use of contract labor employed therein;
- Potable water for human consumption shall be provided for at camps, site offices, medical
facilities, and other areas. Potable water shall follow the National Standards for Drinking Water
Quality, and the other municipal water will be in accordance with class B1 of QCVN 08-
MT:2015/BTNMT - National technical regulation on surface water quality.
- The camp can be characterized as a housing estate, and the water quota could refer to class B1,
QCVN 08-MT:2015/BTNMT - National technical regulation on surface water quality.
- Drainage, wastewater treatment and solid waste disposal of the construction site shall follow
national regulations and the mitigation measures presented in the Contractor’s Waste
Management Plan.
- Firefighting equipment, fire extinguishers shall be available at every camp.
Sanitary Facilities. In every camp site separate and adequate lavatory facilities (toilets and washing
areas) shall be provided for the use of male and female workers. Toilet facilities should also be
provided with adequate supplies running water, soap, and toilet paper. Such facilities shall be
conveniently accessible and shall be kept in clean and hygienic conditions;
- Where workers of both sexes are employed, there shall be displayed outside each block of latrine
and urinal, a notice in the language understood by the majority of the workers “For Men Only�?
or “For Women Only�? as the case may be;
- Sanitary arrangements, latrines and urinals shall be provided in every work place on the following
scale: Where female workers are employed, there shall be at least one latrine for every 25 females
or part thereof; Where males are employed, there shall be at least one latrine for every 25 males
or part thereof;
- At every construction camp, there must be at least one mobile septic tank. The wastewater from
the tank shall not be discharged into any watercourses. The wastewater shall be periodically
transported away by a water tank to the nearest treatment plant;
- Sewage tanks shall be designed and installed by the Contractor(s) in accordance with the National
Design Code for construction of camps.
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Medical Facilities. A medical and first aid kit, medicine cabinets, condoms, etc., emergency phone
number, phone number of the person in charge of safety, chief construction supervision engineer,
hotline shall be provided at each camp area. All consumables in the first aid kit should be checked
and recharged regularly.
Firefighting equipment. fire-extinguishers must be provided and setup the safety instructions on fire
prevention and emergency phone number at the site office, camp.
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