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SECTION IV - POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

    1. Applicable Bank safeguards policies


Vietnam Irrigated Agriculture Improvement Project (VIAIP) proposed investments for improvement, upgrading the existing hydraulic structures and irrigation canal networks, and some new constructions with small scales and concentration, in total seven (07) provinces in the Northern and Central Vietnam. However, the Project must comply with the WB environment and social safeguard policies, as follows:

  • Environment Assessment (OP/BP- 4.01): The works of all 10 Sub-projects will include improvement of existing under-performing infrastructures, modernization of irrigation canal systems; improvement and protection works for existing dams and appurtenant outlet works and canal system, and water pumps and associated weirs; construction of new multi-purposes village ponds; and refurbishment of infrastructure and construction or upgrading drainage pumping plant. Given negative environmental impacts associated with civil works, this policy is triggered. Safeguard tools are prepared to help ensure the environmental and social soundness and sustainability of investment. Also, to support integration of environmental and social aspects of project into decision making CPO is a Project Management Office that belongs to MARD, responsible for screening each sub-project. And the results of screening process, CPO will decide environmental safeguards instruments to be prepared including Environmental Impact Assessment (EIA), Environmental Management Plan (EMP) and/or Environment Codes of Practice (ECOP).

  • Pest Management (OP 4.09) – The project will not finance the purchase o f any pesticides or herbicides. Under current cultivation practices, pesticides are used, and it is estimated approximately two-thirds o f the farmers in the project area have not received training in integrated pest management (IPM). Modemization o f irrigation schemes would increase cropping intensity, which could lead to increased pesticide use. A national Integrated Pest Management program already exists and will be implemented in each scheme province. During implementation, each province will prepare a plan for IPM activities and submit a report to IDA describing the extent o f the problem, training program, and recommendations for improvements. If justified, the project will provide supplemental funding to support the IPM program.After project completion, the irrigated area will be stable with100,166ha8, and consequence is the amount of agricultural chemicals used in the project provinces will increase about 1.3 times in comparison with before Project, because of increasing cropping areas. Thus, this policy is triggered. An Integrated Pest Management Plan has been prepared as part of this ESMF and will be implemented to minimize and manage the environmental and health risks associated with pesticide use and promote and support safe, effective, and environmentally sound pest management..

  • Physical Cultural Resources (OP/BP 4.11) – During project preparation phase, there are 12 graves determined to be affected and will be relocated in Sub-Project 6 of Thanh Hoa province (Phase 1) and 07 graves plus 01 altar determined in Sub-Project 8 of Quang Tri Province (Phase 2), and thus this policy is triggered. Application of this policy is to assist in preserving physical cultural resources and avoiding their destruction or damage. Also, a “chance find procedures” will be included in EMP or ECOP to address Phycical Cultural Resources which is unexpectedly found during construction.

  • Indigenous Peoples (OP/BP 4.10) - In order to ensure that indigenous peoples (or ethnic minorities): (a) Obtain the fully respects the dignity, human rights, and cultural identity, (b) do not affected by the impact of the development process, (c) enjoy the economic benefits combined with socio-cultural, and (d) benefit through the process of consultation and participation. During preparation phase of Project, there are two provinces of Ha Giang and Hoa Binh, where ethnic minority people living as Tay, H’Mong, Han, Hoa, Dao, Nung, Co Lao, San Chay,…in Ha Giang, and Thai and Muong in Hoa Binh Provinces.

  • Involuntary Resettlement (OP/BP 4.12) – The project is estimated land area is permanently revoked 96.0 ha (of which 2.6881ha resident land), temporary recovery area is 105.33ha of mainly agricultural land; and affected households (PAPs) are 4,553households and 05 office houses of Communual People Committee (CPC); And the relocation of 13 households (SP3 in Phu Tho province) for upgrading works and new construction pumping stations and construction of irrigation works. CPO/CPMU prepares the Resettlement Policy framework (RPF) to submit WB and Government for approval. PPMU prepares Resettlement Action Plan (RAP) based on the RPF for each Sub-project.

  • Safety of dams (OP/BP 4.37) – This policy is triggered to ensure that adequate safety evaluation of these dams are completed prior to project implementation since the project involves activities of repair and rehabilitation and drawing water from some existing dams. Dams higher than 15 meters include SP6 - Thanh Hoa Province, SP7 - Ha Tinh, SP8 – Quang Tri Province, and SP9 - Quang Nam Province with the construction activities such as raising the crest of dam, widening the dam crest, strengthen dam body, and construction of new breakwater walls. The Dam safety Report (DSR) will be prepared by MARD separately, not included in this ESMF, and will be reviewed by an independent panel of experts.

  • Projects on International Waterways (OP/BP- 7.50) - The Sub-Project to improve the South Ma scheme in Thanh Hoa will draw water from Cua Dat Reservoir which stores water from Chu River. The Chu River originates from Laos and therefore this policy is triggered to ensure that the project financed by the Bank affecting international waterways would not affect relations between the Bank and its borrowers. The South Ma Sub-Project essentially involves rehabilitation of an existing scheme. It does not involve works and activities that would exceed the original scheme, change its nature, or alter and expand its scope and extent to make it appear a new or different scheme. Moreover, the Project: (a) will not adversely affect the quality or quantity of water flows to the other riparians; and (b) will not be adversely affected by other riparian’s water use. Paragraph 7 of OP 7.50, sets out three exceptions to the Bank’s requirement that the other riparian states be notified about the Project. After analyzing the exceptions, this Project falls within the exception provided for in paragraph 7(a) of OP 7.50.
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