BINH DUONG PROVINCIAL PEOPLE’S COMMITTEE Province Management Unit – Binh Duong water Environment JSC ---------------------------- ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN Binh Duong Water Environment Improvement Project ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Binh Duong, November 2020 ABBREVIATIONS C-ESMP Contractor's Environment and Social Management Plan DDR Due Diligence Review ESMP Environmental and Social Management Plan ESF Environment and Social Framework E&S Environmental and Social ESIA Environmental Social impact assessment ESCP Environmental and Social Commitment Plan ESHS Environmental, Social, Health and Safety ESIRT Environment and Social Incidence Response Toolkit ESS(s) Environmental and Social Standard(s) GBV Gender Based Violence GRM Grievance Redress Mechanism IMA Independent E&S Monitoring Agency JSC Joint Stock Company LMP Labor Management Procedures LFDC Land Fund Development Center PMU Project Management Unit PPC Provincial People’s Committee PAP Project Affected Person RAP Resettlement Action Plan SEP Stakeholder Engagement Plan US$ US Dollar VND Vietnamese Dong WB World Bank WEIP Water Environment Improvement Project WWTP Waste Water Treatment Plan WPC Ward Peoples’ Committee 1|P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Socialist Republic of Vietnam will implement the Binh Duong Water Environment Improvement Project, with the involvement of the Binh Duong Provincial People’s Committee (PPC)/Province Management Unit – Binh Duong water Environment JSC. The International Bank for Reconstruction and Development (the Bank) has agreed to provide funding for the Project. 2. The Socialist Republic of Vietnam will implement material measures and actions so that the Project is implemented in accordance with the Bank’s Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these. 3. The Socialist Republic of Vietnam will also comply with the provisions of any other E&S documents required under the ESF and referred to in this ESCP, such as Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plans (ESMP), Resettlement Action Plan (RAP) and Stakeholder Engagement Plan (SEP), Labor Management Procedures (LMP), the timelines specified in those E&S documents. 4. The Socialist Republic of Vietnam is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Binh Duong Provincial People’s Committee (PPC)/Province Management Unit – Binh Duong water Environment JSC. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Bank by the Socialist Republic of Vietnam as required by the ESCP and the conditions of the legal agreement, and the Bank will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Bank and the Socialist Republic of Vietnam, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Socialist Republic of Vietnam will agree to the changes with the Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Bank and the Socialist Republic of Vietnam. The Socialist Republic of Vietnam will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Socialist Republic of Vietnam shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental, health, and safety impacts, labor influx, child labor, gender-based violence. 1|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING: The Government of Vietnam, through the Binh Duong • Quarterly internal monitoring reports • Responsibility: Binh Duong PPC/Province Management Unit (PMU) – Binh Duong water and six-monthly independent water Environment JSC Environment JSC will prepare and submit to the Bank regular monitoring reports throughout Project (hereinafter referred to as Binh monitoring reports on environmental, social, health and safety implementation to the Bank. Duong PMU) (ESHS) performance of the Project, including but not limited to the • Quarterly and independent monitoring • Funding: Project Budget. implementation of the ESCP, status of preparation and reports will be submitted in the first implementation of E&S documents required under the ESCP, week of the subsequent quarter and six- stakeholder engagement activities, functioning of the grievance month period, respectively. mechanism(s). More details on monitoring and reporting will be provided in the Project documents i.e. RAP, LMP, ESIA, ESMP and SEP. B INCIDENTS AND ACCIDENTS: Promptly notify the Bank of any incident or accident related to the Notify the Bank within 24 hours and no • Responsibility: Binh Duong Project which has, or is likely to have, a significant adverse effect later than 48 hours after becoming PMU on the environment, the affected communities, the public or aware of the occurrence of the incidents • Funding: Project Budget. workers. or accidents. Provide sufficient detail regarding the incident or accident, A report on action taken to be provided on indicating immediate measures taken or that are planned to be the same to the Bank within 07 days of taken to address it, and any information provided by any contractor notification in line with the World Bank’s and supervising entity, as appropriate. Subsequently, as per the Environment and Social Incidence Bank’s request, prepare a report on the incident or accident and Response Toolkit (ESIRT). propose any measures to prevent its recurrence. 2|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY C CONTRACTORS MONTHLY REPORTS: Binh Duong PMU will ensure submission of monthly progress and Monthly (by 10th of every following • Responsibility: Contractors monitoring report by the contractors on details in the project month) throughout the project life. • Funding: Contractors’ budget. environmental and social performance and implementation of the environmental and social mitigation measures: (i) employment numbers including new recruits and those who left; (ii) cases of GBV reports; (iii) cases of OHS related incidents; (iv) reports received through GRM system; (v) issues related to traffic incidents, noise and air pollution, communicable diseases (vi) safety and security breach; (vii) training provided to workers. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE: Establish and maintain an organizational structure with qualified Binh Duong PMU has been established. • Responsibility: Binh Duong staff and resources to support management of E&S risks including PMU A GRM focal point of the PMU would be at least one Environmental Specialist, one Social Development appointed within 30 days after Project • Funding: Project Budget. Specialist and Gender Specialist in the PMU for ensuring effectiveness. compliance with the ESF and relevant instruments. Hire qualified Independent Environmental Monitoring Consultant (IEMC) and Construction Supervision Consultants with qualified Throughout project implementation Environmental and Social staffs to support PMU in monitoring and carrying out E&S requirements A Grievance Redress Mechanism (GRM) focal point, within PMU, would be appointed in order to provide essential coordination of different administrative levels for handling complaints in a timely and satisfactory manner. 3|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT: Update, disclose, adopt, and implement, the Environmental and Throughout the Project implementation. • Responsibility: Binh Duong Social Impact Assessment (ESIA), including an Environmental ODA PMU and Social Management Plan (ESMP) that has been prepared for • Accountability: PMU Director the Project, in a manner consistent with the relevant Environmental • Funding: Project Budget and Social Standards and acceptable to the Bank. 4|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 1.3 MANAGEMENT TOOLS AND INSTRUMENTS: Binh Duong PMU has prepared, adopted, disclosed, and will Throughout the Project implementation. • Responsibility: Binh Duong implement management E&S instruments including: PMU Environmental and Social Commitment Plan (ESCP); Stakeholder • Funding: Project Budget Engagement Plan (SEP); Resettlement Action Plan (RAP); Environmental and Social Impact Assessment (ESIA) and Environmental and Social Management Plan (ESMP); Labor Management Procedure (LMP) and Grievance Redress Mechanism (GRM) for project workers; Due Diligence Reviews (DDRs) for Thuan An and Di An WWTPs in a manner acceptable to the Bank. Implement diligently the measures and actions identified in the Throughout the Project implementation. ESCP in accordance with the timeframes specified and review the status of implementation of the ESCP as part of the monitoring and reporting. Notify the World Bank promptly of any proposed changes to the RAP/DDRs, ESIA: (i) Draft RAP scope, design, implementation or operation of the project that are available and disclosed prior to likely to cause an adverse change in the environmental or social Appraisal; (ii) Final RAP available and risks or impacts of the project. disclosed prior to Bank Board Approval. Carry out, as appropriate, additional assessment and stakeholder Throughout the Project implementation. engagement in accordance with the ESSs, and propose changes, for approval by the World Bank, to the ESCP and relevant management tools, as appropriate, in accordance with the findings of such assessments and consultation. Disclose the updated ESCP. Prepare Terms of Reference (TOR) for all technical assistance Throughout the Project implementation. activities, incorporating applicable ESF requirements. 5|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 1.4 MANAGEMENT OF CONTRACTORS: Incorporate the relevant aspects of the ESCP, the relevant E&S During the preparation of Project Responsibility: Binh Duong PMU documents and/or plans (including but not limited to ESMP), and procurement documents Funding: Project Budget. the Labor Management Procedures, into the Environmental and Social (E&S) specifications of the procurement documents with contractors. Thereafter ensure that the contractors comply with the E&S Throughout Project implementation. specifications of their respective contracts. Selection of contractors: Ascertain that the contractors are During evaluation of bidders legitimate and reliable entities and able to comply with the relevant environmental and social requirements of the Project. Monitor the performance of the contractors to ensure that they comply with the E&S specifications of their respective contracts. During Project implementation 1.5 PERMIT, CONSENTS AND AUTHORIZATION Obtain licenses and permits prior to Responsibility: Binh Duong PMU carrying out any Project activity requiring Obtain or assist in obtaining, as appropriate, the permits, consents Funding: Project Budget. a license. and authorizations that are applicable to the Project from relevant national authorities, pursuant to applicable national laws. Comply or cause to comply, as appropriate, with the conditions established in these permits, consents and authorizations throughout Project implementation. 6|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES: Update, adopt and implement the Project Labor Management Throughout Project implementation Responsibility: Binh Duong PMU Procedure (LMP). Accountability: PMU Director Binh Duong PMU would ensure that necessary conditions are During the preparation of tender Funding: Project Budget. included in the bidding document to comply with the provisions documents set out in the Labor Management Procedure prepared for the project, including (but not limited to) occupational, health and safety (OHS) measures; prevention of child and forced labor; emergency preparedness and response; grievance redress mechanism (GRM) for project workers; training of project workers on key issues including OHS and GBV prevention; management of labor influx; and COVID-19 prevention and control. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS: Grievance mechanism operational prior Responsibility: Binh Duong PMU to engaging Project workers, to be and Contractors Establish, maintain, and operate a grievance mechanism for Project disseminated to project workers prior to workers, as described in the LMP and consistent with ESS2. Accountability: PMU Director commencing any works and maintained Implement the GRM throughout project implementation. throughout Project implementation. Funding: Project Budget. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) Throughout Project implementation Responsibility: Binh Duong MEASURES: PMU/ Contractors Adopt, and implement occupational, health and safety (OHS) Accountability: PMU Director measures specified in the Project’s ESMP and LMP (including Funding: Project Budget OHS risks related to the transmission of communicable diseases). Ensure that contractors develop, implement and maintain OHS plan(s). 7|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION During project implementation Responsibility: Binh Duong PMU PREVENTION AND MANAGEMENT: Accountability: PMU Director Implement the resource efficiency and pollution prevention and Funding: Project Budget. management measures as required under the ESMP of the ESIA. ESS 4: COMMUNITY HEALTH AND SAFETY Throughout Project implementation. 4.1 TRAFFIC AND ROAD SAFETY: Responsibility: Binh Duong PMU/Contractors Adopt and implement measures and actions to assess and manage traffic and road safety risks as required in the Project’s ESMP Accountability: PMU Director Funding: Project’s budget 4.2 COMMUNITY HEALTH AND SAFETY: Throughout Project implementation. Responsibility: Binh Duong PMU/Contractors Adopt and implement measures and action to assess and manage specific risks and impacts to the community arising from Project Accountability: PMU Director activities, including, inter alia, behavior of Project workers, risks Funding: Project’s ’ budget. of labor influx, risks of transmission of communicable diseases due to project activities, response to emergency situations including prevention and control of COVID-19, these measures in the ESMP, in a manner acceptable to the Bank. 8|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 4.3 GBV AND SEA RISKS: Throughout the execution of the Project: Responsibility: Binh Duong PMU, o Prepare a code of conduct for project workers, which includes (i) prior to commencement of prohibitions on GBV & SEA/SH, and integrate into bidding construction and maintain during the Funding: Project budget documents project timeline; o Engage a qualified institution to conduct community and (ii) quarterly awareness raising workers’ training and awareness on HIV/AIDS, GBV & SEA campaigns through the stakeholder’s and COVID-19 response; and on the existence and content of a engagement meetings. workers’ code of conduct o Awareness raising on grievance/feedback processes for Project GRM for workers and GBV reporting SEA & GBV cases (GBV referral pathways and survivors was established and will be response protocol) as part of LMP and SEP. operational throughout project implementation. The Stakeholders The contractor/consultant’s response to these requirements will be including the communities will be required to be reflected mitigation measures in their C-ESMP. notified about the GRM within a month of project effectiveness. 4.4 SECURITY PERSONNEL: No expectation of security personnel, however, procedures will be Prior to engaging security personnel. Responsibility: Binh Duong PMU outlined in the LMP. Funding: Project Budget. In the event that security personnel is used for the project, the Maintained throughout Project contractor shall develop and implement measures and actions to implementation. assess and manage the risks to human security of project-affected communities and project workers that could arise from the use of security personnel. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 LAND ACQUISITION AND RESETTLEMENT: Responsibility: Binh Duong PMU Project activities will require land acquisition, but no household resettlement. The footprint of project financed infrastructure was known at the time of appraisal, and a resettlement plan was prepared. 9|P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 5.1.1 RESETTLEMENT ACTION PLAN: Prior to Project Appraisal Responsibility: Binh Duong PMU/ Binh Duong PPC, E&S Finalized Resettlement Plan agreed and publicly disclosed consultants Finalized resettlement plan approved by Binh Duong Provincial Prior to negotiations (or effectiveness) Funding: Project Budget. People’s Committee (PPC) Finalized resettlement plan fully implemented Prior to the commencement of civil works 5.2 GRIEVANCE MECHANISM: The project GRM has been established in and disclosed with the Established prior to the commencement Responsibility: Binh Duong RAP and SEP to address resettlement related complaints. The of project activities maintain throughout PMU, GRM will be continuously disclosed to affected people during project implementation. Funding: Project Budget resettlement implementation. Reporting through quarterly and six- Regular reporting on outcomes of the GRM to the Bank. month internal and independent monitoring reports, respectively. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Throughout project implementation Responsibility: Binh Duong PMU Implement the mitigation measures included in the ESMP to Accountability: PMU Director mitigate the risks and impacts on biodiversity. Funding: Project’s Budget. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 No indigenous peoples are expected to be presented in the project Not relevant area, this standard is not relevant for the project. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: Prior to commencing project activities Responsibility: Binh Duong PMU and maintained throughout Project Implement the cultural heritage mitigation measures and chance Accountability: PMU Director implementation. finds procedure described in the ESMP developed for the Project Funding: Project Budget 10 | P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY ESS 9: FINANCIAL INTERMEDIARIES 9.1 No financial intermediaries are expected to be involved in the Not Applicable project, this standard is not relevant for the project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION: Update, adopt, disclose and implement the Project’s SEP including Throughout Project implementation. Responsibility: Binh Duong PMU the project grievance mechanism (GRM). Accountability: PMU Director Deliberations of each meeting will be documented (minutes of meetings prepared) and disclosed. In particular, issues raised in Prior to, and throughout, the Funding: Project Budget. the stakeholder meetings and the propose solutions will also be implementation of the activities specified documented and disclosed. in Stakeholder Engagement Plan. Depending on the public health situation regarding communicable diseases, update the stakeholder engagement plan to reflect national and international guidelines on preventing transmission through public meetings or other stakeholder engagement events. 10.2 PROJECT GRIEVANCE MECHANISM: Throughout Project implementation. Responsibility: Binh Duong PMU Maintain and operate a grievance redress mechanism, as described Accountability: PMU Director in the SEP. Awareness raising for potential project affected persons Funding: Project Budget. (PAPs) and communities on the existence and processes for submitting grievances. CAPACITY SUPPORT (TRAINING) Specify Training to be provided and targeted Groups 11 | P a g e RESPONSIBLE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY CS1 Training on: (i) the Bank’s procumbent process and ESF, Throughout Project implementation. Responsibility: Binh Duong PMU (ii) stakeholder mapping and engagement; (iii) implementation of Before commencement of civil works and Budget source: Project budget. RAP, ESMP, SEP, LMP; (iv) grievance redress; (v) environmental maintained throughout Project and social supervision, monitoring, and reporting; and (v) labor implementation where necessary management procedures PMU Environment & Social Safeguards Team and various stakeholders. CS2 Training on Occupational Health and Safety Module and Labor Implemented right after mobilization of Responsibility: Binh Duong PMU and Working Conditions for Project’s workers contractors and before commencement of Budget source: Project budget civil works and maintained throughout (i) Occupational Health and Safety Module project implementation. o Personal protection equipment o Workplace risk management o Prevention of accidents at work sites o Health and safety rules o Waste management o Hazardous waste management e.g. fueling of vehicles o Preparedness and response to emergency situations o Awareness campaign on HIV/AIDS (ii) Labor and Working Conditions o Terms and conditions of employment according to national working laws and regulations o Contractor and sub-contractor codes of conduct o Worker’s organizations o Child labor and minimum age employment rules CS3 Training on Gender-Based Violence Risks for representatives of Implemented right before starting project Responsibility: Binh Duong PMU Departments/sectors, local authorities, PMU staff, and local activities and maintained throughout Budget source: Project budget. communities. project implementation. o Raising awareness and measures to prevent and mitigate GBV risks o Preparedness and response to SEA/SH and human trafficking o GRM 12 | P a g e 13 | P a g e