For meaningful consultations between project proponent and project-affected groups, and local NGOs (e.g. famer association, women union, fatherland front, veteran association …), project proponents willprovide relevant documents in a timely manner and conduct consultation with the representatives of affected groups. Consultation will be conducted in a language that is understandable and at places accessible to the groups being consulted. Concerns and issues raised by the affected groups during the public consultation meetings will be recorded, a summary will be included in the EA and the EMP of sub-projects will incorporate adequate measures to address these concerns.
According to OP/BP 4.01, once MARD officially submits final draft safeguards instruments, including ESMF, RPF, EMDF to the Bank, the Bank will disclose these documents in InfoShop and VDIC. These safeguards instruments will be made before the departure of the appraisal mission and at least 120 days before the Board date. Safeguard documents including EMP, RAP, EMDP subprojects will also be disclosed locally in project area and VDIC prior to appraisal/approval of subproject.
According to Article 22 and 34 of Decree 29/2011/ND-CP, EIA or EPC after approved by responsible agency is disclosed at communal people’s committee office where public consultations was conducted to notify local people for monitoring and supervision.
SECTION VII – INSTITUTIONAL ARRANGEMENT
The roles and responsibilities of stakeholders in the management, monitoring and supervising the implementation of safeguards policies
There are many agencies of the Ministry, Department, and the Institute for Local Government involved in implementation of safeguards policies. However, CPO/CPMU under the Ministry of Agriculture and Rural Development is responsible for overall management. At provincial level, the Provincial Project Management Unit (PPMUs) will be responsible for performing subprojects. Details are below:
1/ Central level
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MARD is responsible for approving the Environmental-Social Management Framework (ESMF), Environment Impact Assessment (EIA) of the Project, and providing budget for implementation of the Bank safeguard policies and national environmental protection law.
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CPO is responsible for (i) providing guidance on implementation environmental and social safeguards and (ii) monitoring and evaluation of project environmental and social safeguards performance.
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CPMU - established by CPO, is responsible for instruction, organizing and implementation of environmental and social safeguard policies at project level.
2/ Provincial level
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PPC is responsible to approve all documents of compensation, resettlement and ethnic minorities, and subproject Environment Assessment (EIA).
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DARD is responsible for ensuring compliance with the Bank safeguard policies and national environmental protection law.
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PPMU is responsible for instruction, organizing and implementation of environmental and social safeguard policies at subproject level in accordance with this ESMF; checking daily subproject’s activities, monitoring and management of construction quality, and monitoring compliance with environmental and social safeguards.
3/ Construction Contractors - responsible for implemeting environmental covenants mentioned in contract signed with PPMU.
4/ Local Community includes locally-affected persons, local authority, local NGOs and Community Supervision Board (CSB). CSB is established by Decision No. 80/2005/QD-CP of the Prime Minister, dated 18/4/2005 on the community monitoring of investment project. Local community is responsible for montoring PPMU and contractor’s compliance with environmental and social safeguards.
5/ Construction Monitoring Consultants: Hired by PPMU, has responsibility for daily monitoring and recording on contractor’s compliance;
6/ Environment Management Consultants (a member of the construction supervision team) will be:
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On behalf of PPMU to perform daily monitoring of contractor’s compliance with environmental covenants;
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Prepare monthly reports on contractor’s environmental compliance and submit to PPMU, this report will be used for payment of Contractors on environmental protection; and
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Report PPMUs any "chance finds" during construction.
Figure 2: Diagram of implementation arrangement
Mechanism of internal monitoring, external monitoring, and community monitoring -
CPO is responsible for periodically or random internal monitoring of implementation of environmental and social safeguard policies at subproject level.
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PPMU is responsible for ensuring effective implementation of safeguarding measures; preparing subproject progress reports in a timely manner. PPMU will establish an Environmental-Social Unit (ESU) with at least one environmental staff in charge of environmental safeguards – he/she will monitor and supervisethe contractors to comply with environmental mitigationmeasures.
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Environmental Monitoring Consultant (EMC): EMC will be mobilized by CPO/CPMU - responsible for providing guidance, monitoring and evaluation of compliance with environmental covenants of contractors and preparing necessary reports, including:
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Periodic monitoring report on compliance with the environmental safeguard policies implemented by PPMU and Contractors (every 6 months), and follow up on the recommendations made during the previous monitoring reports;
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Report on monitoring environment quality in the Project Areas as mentioned in the approved EMPs;
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Report on consultations with local communities, especially project-affected perons on implementation of environmental and social safeguard policies;
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Report on the results of resolving complaints by PPMUs and Contractors;
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Every 6 months report on results of environmental and social safeguards implementation.
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Community Supervision Board (CSB) is representative of affected people and beneficiaries has a right monitoring Contractor's activities and reflecting any negative impacts or damages caused by Contractor directly or via local authority to implementing agencies (PPMU, CPMU, and PPC). CSB would do their works from starting implementation phase of sub-project.
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