environmental and social management framework · the environmental and social management framework...

Vietnam Industrial Pollution Management Project (P113151)

Financed by the World Bank

ENVIRONMENTAL AND SOCIAL

MANAGEMENT FRAMEWORK

Ministry of Planning and Investment

Hanoi, August 2, 2012 (Updated March 9, 2015)

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

wb371432

Typewritten Text

E3050 V1 REV

Vietnam Industrial Pollution Management Project (P113151)

ENVIRONMENTAL AND SOCIAL


PROJECT PREPARATION UNIT

August 2, 2012

(Updated March 9, 2015)

3

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................................... 3

LIST OF FIGURES ........................................................................................................................................ 6

LIST OF ABBREVIATIONS ......................................................................................................................... 7

CHAPTER 1. GENERAL INTRODUCTION ......................................................................................................... 8

1.1 BACKGROUND ........................................................................................................................................... 8

1.2 OBJECTIVES OF SOCIAL AND ENVIRONMENTAL MANAGEMENT FRAMEWORK ........................................ 8

CHAPTER 2. PROJECT DESCRIPTION AND PROJECT AREA .............................................................................. 9

2.1 PROJECT OBJECTIVES ................................................................................................................................. 9

2.2 PROJECT DESCRIPTION .............................................................................................................................. 9

2.2.1 Component 1 – Environmental Monitoring and Enforcement ......................................................... 9

2.2.2 Component 2 – Performance-based CETP Financing ..................................................................... 14

2.3 PROJECT AREA ......................................................................................................................................... 29

2.3.1 Nhue – Day River Basin .................................................................................................................. 30

2.3.2 Dong Nai River Basin ..................................................................................................................... 33

CHAPTER 3. LEGISLATIVE AND INSTITUTIONAL FRAMEWORK FOR INDUSTRIAL POLLUTION CONTROL ....... 38

3.1 LEGISLATIVE FRAMEWORK FOR INDUSTRIAL POLLUTION CONTROLS ..................................................... 38

3.1.1 At central level ............................................................................................................................... 38

3.1.2 At Provincial level .......................................................................................................................... 44

3.2 EIA REQUIREMENTS IN VIETNAM FOR IZS AND CETPS ............................................................................. 47

3.3 INSTITUTIONAL FRAMEWORK FOR INDUSTRIAL POLLUTION CONTROL .................................................. 47

3.3.1 Responsibilities for Environmental Protection ............................................................................... 47

3.3.2 Responsibilities on wastewater ..................................................................................................... 48

3.3.3 Responsibilities on solid waste and hazardous waste management ............................................. 49

3.3.4 Responsibilities for environmental inspection ............................................................................... 51

3.3.5 Responsibilities for EIAs and post-EIA monitoring ......................................................................... 53

3.4 INSTITUTIONAL ARRANGEMENTS FOR ENVIRONMENTAL MANAGEMENT FOR INDUSTRIAL ZONES AND

CETPS ................................................................................................................................................................ 53

3.4.1 Institutional Arrangement for Industrial Environmental Management ........................................ 53

3.4.2 Integrated roles on industrial environmental management.......................................................... 61

3.5 ENVIRONMENTAL SAFEGUARD POLICIES OF WORLD BANK .................................................................... 61

3.6 COMPARISON BETWEEN ENVIRONMENTAL ASSESSMENT REQUIREMENTS OF WORLD BANK AND

GOVERNMENT OF VIETNAM ............................................................................................................................. 62

CHAPTER 4. PROJECT IMPACTS AND SAFEGUARD APPROACH ..................................................................... 67

4.1 OVERALL ENVIRONMENTAL AND SOCIAL IMPACTS ................................................................................. 67

4.1.1 Positive Impacts ............................................................................................................................. 67

4.1.2 Adverse Environmental Impacts .................................................................................................... 70

4.1.3 Adverse Social Impacts .................................................................................................................. 79

4.1.4 Cumulative and Residual Impacts .................................................................................................. 80

4.2 PROJECT SAFEGUARD INSTRUMENTS ..................................................................................................... 80

CHAPTER 5. GUIDANCE FOR PREPARATION OF A CETP ENVIRONMENTAL IMPACT ASSESSMENT ................ 84

5.1 PURPOSES OF A CETP EIA ......................................................................................................................... 84

5.2 RECOMMENDED CONTENTS OF A CETP EIA ............................................................................................ 85

5.3 TYPICAL MITIGATION MEASURES FOR CETP CONSTRUCTION ................................................................. 88

5.4 TYPICAL MITIGATION MEASURES FOR CETP OPERATION ........................................................................ 95

5.5 TYPICAL MITIGATION MEASURES FOR ENVIRONMENTAL RISKS ............................................................. 97

5.6 ENVIRONMENTAL MONITORING PROGRAM ........................................................................................... 99

5.7 ENVIRONMENTAL MANAGEMENT FUNCTION IN THE IZ ....................................................................... 103

5.8 REPORTING ............................................................................................................................................ 105

5.9 CAPACITY BUILDING .............................................................................................................................. 105

5.10 COST ESTIMATION OF EMP IMPLEMENTATION ................................................................................ 107

4

5.11 PUBLIC CONSULTATION AND DISCLOSURE OF AN EIA ...................................................................... 107

CHAPTER 6. GUIDANCE FOR CARRYING OUT DUE DILIGENCE REVIEW OF INVOLUNTARY RESETTLEMENT 109

6.1 SELECTION CRITERIA .............................................................................................................................. 109

6.2 DUE DILIGENCE ...................................................................................................................................... 111

6.3 MONITORING ........................................................................................................................................ 112

6.4 PARTICULAR CASE OF LAND ISSUES AT LANDFILL SITES ......................................................................... 113

CHAPTER 7. PUBLIC CONSULTATION AND DISCLOSURE OF ESMF .............................................................. 114

7.1 PUBLIC CONSULTATION......................................................................................................................... 114

7.2 LIST OF ACTIVITIES, MEETINGS, AND RESPONSES .................................................................................. 114

7.3 INFORMATION DISCLOSURE .................................................................................................................. 117

CHAPTER 8. INSTITUTIONAL ARRANGEMENTS FOR SAFEGUARDS ASPECTS OF THE PROJECT .................... 118

8.1 INSTITUTIONAL ARRANGEMENTS ......................................................................................................... 118

8.1.1 VIPMP Institutional Structure ...................................................................................................... 118

8.1.2 Institutional arrangements for social management issues.......................................................... 121

8.1.3 Review and Clearance Procedures ............................................................................................... 121

8.2 TECHNICAL CAPACITY OF RELEVANT AUTHORITIES AND NEEDS FOR STRENGTHENING ....................... 122

8.3 PROPOSED CAPACITY BUILDING PROGRAM .......................................................................................... 124

5

LIST OF TABLES

Table 2.1 Proposed AMSs and their site information 10

Table 2.2 Candidate CETPs for VIPMP 19

Table 2.3 Information on Candidate IZs for Support under VIPMP 21

Table 2.4 Safeguard-specific information of CETPs 23

Table 2.5 Identified IZs for CETP financing in the first year of project implementation 25

Table 2.6 Number of industries in the candidate IZs of VIPMP 27

Table 3.1 Examples of Provincial Legislative documents on environmental management in

industrial parks and environment quality monitoring 43

Table 3.2 Allocation of industrial environmental management competencies, functions and

tasks among relevant authorities in Vietnam 60

Table 3.3 Comparison on requirements of EIA for CETPs in industrial zones 63

Table 3.4 Comparison on requirements of EIA for AMS 65

Table 4.1 Summary of environmental, economic and social impacts of VIPMP 66

Table 4.2 Assessment of environmental impacts of construction of CETPs 69

Table 4.3 Sources of impacts and affected objectives due to operation of CETPs 71

Table 4.4 Sources of odor emission at CETPs 72

Table 4.5 Potential accidents in the operational activities of secondary treatments 75

Table 4.6 Summary of environmental impacts of CETP operation 76

Table 5.1 Guidance of Environmental codes of practice (ECOPs) applied for CETPs and

AMSs during construction phase 88

Table 5.2 Guidance for mitigation measures for CETP operation 94

Table 5.3 Mitigation measures for environmental risks 96

Table 5.4 Environmental quality monitoring program for the project 99

Table 5.5 Capacity building program for implementing EMPs 104

Table 5.6 Capacity building on env. protection and management through VIPMP 104

Table 5.7 Estimated typical cost (in VND) for annual EMP implementation for CETP of

4,000 m3/day 105

Table 7.1 List activities and meetings and their contents 112

Table 8.1 Tasks of organization related to VIPMP 118

Table 8.2 Estimated Personnel Training Needs 121

Table 8.3 Estimated annual cost for training program 122

Table 8.4 Proposed contents, cost and schedule of capacity building program for VIPMP 124

6

LIST OF FIGURES

Figure 2.1 Locations of candidate industrial zones in Nhue-Day River Basin 15

Figure 2.2 Locations of candidate industrial zones in Dong Nai River Basin 19

Figure 2.3 Locations of four project provinces 28

Figure 3.1 Procedure for environmental protection inspection activities in IZs 51

Figure 3.2 Institutional Structure of Industrial Pollution Management in Vietnam 59

Figure 4.1 Proposed preparation and reviewing procedures for implementing safeguards instruments for VIPMP 81

Figure 8.1 Institutional structure for VIPMP 117

7

LIST OF ABBREVIATIONS

AMS Automatic Monitoring Station BRVT Ba Ria-Vung Tau Province CETP Centralized Effluent Treatment Plant CEMP Construction Environmental Management Plan ESC Environmental Supervision Consultant DARD Department of Agricultural and Rural Development DOIT Department of Industry and Trade DONRE Department of Natural Resources and Environment DOT Department of Transport DPI Department of Planning and Industry EIA Environmental Impact Assessment EHS Environmental, Health, and Safety EMP Environmental Management Plan EPA Environmental Police Administration EQM Environmental Quality Monitoring ESMF Environmental and Social Management Framework IP Industrial Park IT Information Technology IZ Industrial Zone IZA Industrial Zone Authority MARD Ministry of Agricultural and Rural Development MOC Ministry of Construction MOIT Ministry of Industry and Trade MONRE Ministry of Natural Resources and Environment MOT Ministry of Transport MP Ministry of Public Security MPI Ministry of Planning and Investment OHS Occupational, Health, and Safety PC People’s Committee PPC Provincial People’s Committee QA/QC Quality Assurance/Quality Control TORs Terms of Reference URENCO Urban Environmental Company VEA Vietnam Environment Administration VEPF Vietnam Environmental Protection Fund VIDC Vietnam Information Development Center VIPMP Vietnam Industrial Pollution Management Project WB World Bank WW Wastewater WWTP Wastewater treatment plant

8

CHAPTER 1. GENERAL INTRODUCTION

1.1 BACKGROUND

Working with the World Bank, the Government of Vietnam has preparing the IDA-financed Vietnam Industrial Pollution Management Project (VIPMP) to improve environmental compliance of industrial zones on a pilot basis.

The Ministry of Planning and Investment (MPI) is grateful to the Government of Korea for providing the funding to prepare the ESMF (through the World Bank-managed Korean Trust Fund, TF098492). The ESMF was prepared by a group of environmental and social consultants including Mrs. Nguyen Thi Van Ha and Mr. Nguyen Van Trung with comments received from World Bank’s senior experts such as Mr. Douglas J. Graham, Mrs. To Kim Oanh, Ms. Pilar Larreamendy, and Mr. Nguyen Anh Tuan.

1.2 OBJECTIVES OF SOCIAL AND ENVIRONMENTAL


The Environmental and Social Management Framework (ESMF) will:

- Assess the potential environmental and social impacts of the proposed project. - Establish clear directives and methodologies for the evaluation of sub-projects to be

financed by the proposed project in terms of social and environmental impacts. - Provide control points for decision making, institutional responsibilities, and the

environment and social instruments that will be required. - Supply guidance on EIA preparation for candidate centralized effluent treatment plants

(CETPs).

Only Component 1b (construction, installation and operation water quality monitoring stations) and Component 2 (construction and operation of CETPs) have potential adverse impacts on the environment and society which need to be assessed and mitigated. Therefore this ESMF will just focus on those two components. It was determined during preparation of the project that no World Bank social safeguard policies were triggered by the project except for the Involuntary Resettlement Policy OP 4.12.

9

CHAPTER 2. PROJECT DESCRIPTION AND PROJECT

AREA

2.1 PROJECT OBJECTIVES

The Project development objective is to improve compliance with industrial wastewater treatment regulations in four provinces of Vietnam. This will be achieved by strengthening the institutional and regulatory environment, improving monitoring and enforcement, supplying performance-based concessional finance to increase wastewater treatment capacity and compliance, and disclosing monitoring information and promoting public participation in Ha Nam and Nam Dinh Provinces in the Nhue Day River Basin and Dong Nai and Ba Ria – Vung Tau (BR-VT) Provinces in the Dong Nai River Basin, two most polluted river basins in Vietnam. The components of the project are described in a later section. Key performance indicators are (a) percentage of industrial zones with adequate and good monitoring data on pollution discharges; (b) extent of pollution information disclosed; (c) percentage of public complaints responded and resolved; (d) collection ratio and collected amount of non-compliance fines; and (e) rate of wastewater treatment compliance in industrial zones.

2.2 PROJECT DESCRIPTION

2.2.1 Component 1 – Environmental Monitoring and Enforcement

In order to enhance environmental monitoring and enforcement, Component 1 includes Component 1b which will set up automatic monitoring stations (AMSs). There are 17 AMSs proposed as sub-projects as listed in Table 2.2. The locations of AMSs in the northern provinces are shown in the Figure 2.2. Each monitoring station will require an area of about 50 to 100 m2. They will be on public land and their installation will involve no involuntary resettlement. A small laboratory or a guard house will be installed at the station in some cases. Two types of AMS will be supported: basic and expanded. All AMS will be able to perform surface water quality sampling, analyzing, data logging and data transferring tasks. Basic AMS will monitor only 5 water quality parameters (pH/ORP, DO, conductivity, temperature and Turbidity). Expanded AMS will include additional parameters of COD/nitrate, NH4+ and total phosphorus. Based on local river pollution situations, it is proposed that four AMS (two basic and two expanded) each will be constructed in Nam Dinh and Ha Nam, two basic and four expanded AMSs will be constructed in Dong Nai, and two basic and one expanded AMSs will be constructed in BRVT. Site investigations have confirmed sampling positions and locations of all 17 AMSs. The distance from the AMS location to the sampling point will be less than 200 meters. For reasons of security of equipment, access to power supply and telephone services, and access of monitoring vehicle and personnel, all AMSs will be located on state-owned lands and if possible existing public facilities. It is also proposed that AMSs be hosted in containers for easy installation, maintenance and transport. All 17 AMSs will be owned by MONRE/VEA and operated by the DONREs with budget support from the project and the state.

10

Table 2.1 Proposed AMSs and their site information

No. River Station

type

Coordinates Location Objective Site information

Ha Nam

1 Nhuệ Expanded station

Long 105°54'2.567" Lat 20°38'35.23"

Nhat Tue culvert of Nhue River where the

Nhue River from Ha Noi comes to Ha Nam

- To control water quality of Nhue River at the border of Ha Noi and Ha Nam

- to have real time pollution info of Nhue River, which is used for aquaculture activities,

domestic and industrial water supply, and agricultural irrigation

- Either on one pier or in the water pumping station. - The land is owned by the State without any cultivation

activities. The location is 100 m far from the nearest households.

- Existing power and water supply - No site clearance or compensation needed.

2 Duy

tiên

Basic

station

Long 105°53'56.957"

Lat 20°30'41.617"

End of Ngoi Ruot

channel

- To monitor the water quality of Ngoi Ruot

Channel, which transfers effluents from the Chau Son IZ and the Northwest industrial area

to the Day river

- Either inside or outside the fence of the Dong Viet Hai Paper

company. - The land outside the company is owned by the State with no

cultivation activities. - The paper company site is leased from the government. The

company has no objection to installing the AMS on its site. - Existing power and water supply - No site clearance or compensation needed.

3 Đáy Basic

station

Long 105°53'42.958"

Lat 20°27'5.546"

Day river at Nhâm

Tràng pumping station

- To monitor water quality of Day River before

it leaves Ha Nam (to Nam Dinh) - to monitor water pollution after the river receives wastewater from South Ha Nam, including wastewater from Thanh Liem IZ

- Either in the area of Nham Trang water pumping station

(about 200m from the station) or on the Day river bank. - The land is owned by the State with no cultivation activities. The nearest households are 100 m away. - Existing power and water supply

- No site clearance or compensation needed.

4 Đáy Expanded station

Long 105°54'27.364" Lat 20°32'34.867"

Day river at Hong Phu bridge

- To monitor water quality of Day river at the meeting point of Nhue and Day rivers, after the

river receives the wastewater from north Ha Nam and Phu Ly City, including the Dong Van IZ.

- Expansion of an existing basic AMS operated by CEM/VEA.

Nam Dinh

11

No. River Station

type


5 Đáy Expanded station

Long 106°2'57.507" Lat 20°14'58.095"

Yên Trị commune, Ý Yên Dist.

- To monitor water quality of Day River after the river receives the wastewater from Hong Tien IZ

and wastewater from craft villages of Y Yen district.

- Either next to the dyke or inside/outside the fence of the Minh Hung Garment and Textile Company or the Vinh Oanh

Company - Dyke option: the land is owned by the State with no

cultivation activities and is far from the residential area. - Two company options: sites are on leased lands from the

government, with no objections to have the AMS installed on their sites - Existing power and water supply - No site clearance or compensation needed.

6 Đào Basic

station

Long 106°9'16.68" Lat 20°21'33.825"

Thành Lợi commune,

Vụ Bản Dist.,

- To monitor water quality of Dao River after it

receives wastewater from Bao Minh (under construction) and An Xa IZs and wastewater

from Nam Dinh city before it meets Day River.

- In the state-owned dyke management station


7 Đào Expanded

station

Long 106°12'14.488" Lat 20°26'22.662"

Quán Chuột pumping

station

- To monitor water quality of Dao River after it

receives wastewater from the My Trung IZ and wastewater from Nam Dinh city before it meets

Day River

- In the Nam Dinh municipal water supply station


8 Vĩnh Giang

Basic station

Long 106°8'5.902" Lat 20°23'41.869"

Tân Thành commune, Vụ Bản Dist.

- To monitor water quality of Vinh Giang River after it receives wastewater from the Hoa Xa

industrial zone.

- Either in the area of Hoa Xa IZ (leased state land) or on the Vinh Giang river bank (state owned with no cultivation activities and no residents. - Existing power and water supply


Dong Nai

9 Hồ Trị An

Basic station

Long 107°15'57.598''

Lat 11°9'45.121''

La Ngà commune, Định Quán Dist., Đồng Nai province

- To monitor water quality of Tri An Lake that

provides domestic and industrial water supply and is used for aquaculture activities.

- On vacant land (owned by the state), next to the river bank and on the right side of La Nga bridge in the direction of Highway 20 from HCMC to Lam Dong. The residential area

around already has power and water supply and no site clearance or compensation needed.

10 Đồng

Nai

Expanded

station

Long 106°50'51.691" Lat 10°51'49.76"

Bien Hoa city, Dong

Nai Province

- To monitor water quality of Dong Nai River after it receives wastewater from the Bien Hoa II, Loteco and Amata IZs and domestic

wastewater from Bien Hoa city.

- On vacant land (state owned) nearby aquaculture activities.

Density of waterway is low. - Existing power and water supply; - No site clearance or compensation needed.

12

No. River Station

type


- to monitor pollution from river transportation activities

11 Đồng

Nai

Basic

station

Long 106°52'44.353" Lat 10°48'33.735"

(Bà Chèo cannal area)

Tam An commune,

Long Thành Dist, Đồng Nai province

- To monitor water quality of Dong Nai River after it receives wastewater from the Long Thanh IZ and domestic wastewater.


- On agricultural land.

- Existing power and water supply; - No site clearance or compensation needed.

12 Đồng Nai

Expanded station

Long 106°50'36.39" Lat 10°55'44.929"

(An Hảo port area)

Bien Hoa city, Dong Nai Province

- To monitor water quality of Dong Nai River after it receives wastewater from the Bien Hoa

IZ, and domestic wastewater from Bien Hoa city.


- On the vacant land (state owned) next to An Hao port - Existing power and water supply;


13 Đồng

Nai

Expanded

station

Long 106°58'30.139"

Lat 10°42'10.845"

(Long Thọ commune area)

Long Tho sub-district,

Long Thanh district, Dong Nai

- To monitor water quality of Thi Vai River after

it receives wastewater from IZs and domestic wastewater from residents next to the Thi Vai

river. - to monitor pollution from river transportation activities

- On agricultural land.


14 Thị Vải Expanded station

Long 107°0'33.1" Lat 10°39'54.321"

(Gò Dầu B port area),

Phuoc Thai sub-district, Long Thanh district, Dong Nai Province

To monitor water quality of Thi Vai River after it receives wastewater from the Go Dau IZ, Vedan company, domestic wastewater from

residents next to the Thi Vai River. - To monitor pollution from navigation

- In the Go Dau IZ (leased land from the state) - Existing power and water supply; - No site clearance or compensation needed.

BRVT

15 Thị Vải Basic

station

Long 107°0'55.636" Lat 10°37'38.439"

(Opposite to Mỹ Xuân A )

My Xuan sub-district,

Tan Thanh district, BRVT

To monitor water quality of Thi Vai River that

receives wastewater from the My Xuan A IZ and Dong Nai IZs (Go Dau, Nhon Trach II, III, V

IZs).

- In the My Xuan A IZ


13

No. River Station

type


16 Thị Vải Expanded station

Long 107°1'31.555" Lat 10°35'22.471"

( Opposite to Phú Mỹ I IZ, near Baria

Serece port)

Phu My-district, Tan Thanh district, BRVT

Province

To monitor water quality of Thi Vai river after it receives wastewater from the Phu My I and Phu

My II IZs, and domestic wastewater from residents next to the river

- On the vacant land next to Baria Serece Port or in the Phú Mỹ I IZ


17 Thị Vải Basic station

Long 107°1'17.131" Lat 10°32'43.651"

(Opposite to Cái Mép

IZ (Block B)

Tan Phuoc sub-district, Tan Thanh district, BRVT Province

To monitor water quality of Thi Vai River after it receives wastewater from the Cai Mep IZ and domestic wastewater from residents next to the

river.

- In the Cái Mép IZ - Existing power and water supply; - No site clearance or compensation needed.

14

2.2.2 Component 2 – Performance-based CETP Financing

This component will focus on the infrastructure aspect of industrial pollution management by providing subsidized loans for the construction of about 10 CETPs. Key features of the proposed financing scheme under the project are detailed in the project document and in the Project Operational Manual.

Candidate IZs and CETPs

Candidate industrial parks in Nhue – Day River Basin of VIPMP

* Ha Nam province

Dong Van II:

Located in Dong Van town, Duy Tien district, Ha Nam province with 264 ha and 60 ha extended in 2010. Dong Van II is a multi- industrial park which characterized as less environmental pollution zones. The primary industries are electronics, mechanics, food processing, light industry, consumer goods, jewelry production, motorcycles, vehicle, household goods. Until now, 45% of total land was occupied and about 300 m3 of wastewater per day was discharged.

Thanh Liem

Locates in Thanh Ha commune, Thanh Binh commune and Liem Can commune, Ha Nam District. The area of the industry is 250 ha with 600 billion dong for investment in stage 1. The industry park is approved by the government with detailed plan in the status of land clearance. Water treatment plant has capacity of 12,000 m3/day.night for surface water river and of 8,700 m3/day.nigh for wastewater.

Nam Dinh province

My Trung

Locates in My Loc district and Loc Ha ward, the south of Nam Dinh city, near Highway 10, far away from the city center 5km. The planned land area is 150 ha to be expanded to 190 ha. Recently, infrastructure is under construction. Total investment is about 300 to 350 billion, which is invested from Corporation VINASHIN. Only 5% of land was occupied and about 200 m3 of wastewater was emitted per day.

15

Bao Minh

Bao Minh Industrial Park has total area of 165.3 ha, locating in Lien Minh commune, Lien Bao commune, Kim Thai commune. Total investment of the project is 264 billion VND, however, no land is rented yet.

Figure 2.1 Locations of candidate IZs and monitoring stations in Nhue-Day River Basin.

16

Candidate Industrial parks of VIPMP in Dong Nai River Basin

Dong Nai Province

Ong Keo: locates at Phuoc Khanh hamlet, Nhon Trach District, Dong Nai Province, along the Ong Keo cannal, bodering Long Tau and Bo Tranh River. Ong Keo IZ has advantages for heavy industries or demand of using in-site port. The industrial park is far from Cat Lai port 12km; Long Tan port 15 km; Go Dau and Thị Vai port 25km1.

Total area is about 823 ha of which 40% was occupied by 14 enterprises with 1.4 billion USD of investment. Recently, Tin Nghia group signed the EPC contract for design, supply material and construction of CETP (6,000 m3/day). CETP construction is planned to start on September, 20112.

An Phuoc: total area of 201 ha located in Dong Nai Province and close to high way No. 51. Industrial land: 135 ha, administrative area: 3.37 ha, infrastructural land 7.4 ha, green space: 23.25 ha, traffic land: 30.94 ha. Next to residential area of 75 ha. It is high technology, low labour and environmental friendly IZ.

Nhon Trach 6: locates at Long Tho hamlet, Nhon Trach District, Dong Nai Province. Nhon Trach 6 is far from Go Dau and Thi Vai port about 20 km. Total area is about 327 ha which is under construction process and call for investment. Effluents need to meet QCVN24:2009 class B and they were dicharged to Suoi Can sluice to Ba Ky canal and then to Thi Vai River (1250-1450 m away from Thi Vai River).

Nhon Trach 3: locates at Hiep Phuoc hamlet, Nhon Trach District, Dong Nai Province. In phase I, total area is about 697.39 ha which were rented by 30 investors with more than 1,230 million USD of investment. In phase 2 it was extended 360.49 ha of which 37% was rented by 27 investors (236 million USD). Nhon Trach 3 IZ already has a CETP capacity of 2,000 m3/ day in phase 1 and now it needs to invest for the second one of 2,000 m3/day. Effluents need to meet QCVN24:2009 class B. Giang Dien : locates at Giang Dien and An Vien hamlets, Trang Bom District and Bien Hoa City with total area of 529.20 ha. Especially, this IZ is planned for receiving the relocated industries from Bien Hoa No.1 IZ. It will have 2 CETPs: (i) CETP No. 1 will collect wastewater from 90 ha of South-East with its capacity of 3,000 m3/day, of which

1 http://timexco.com. 2 http://www.nhontrach-dongnai.gov.vn/quyhoach/khucongnghiep

17

1,000 m3-CETP was constructed; and (ii) CETP No.2 will collect wastewater from the North-West and the South-East industries. The second plan has capacity of 9,000 m3/day including 2 modules of 4,500 m3/day, which call for investment from VIPMP.

Thanh Phu IZ: locates at Thanh Phu hamlet, Vinh Cuu district with total area of 177 ha. In recent, Thanh Phu IZ has 11 industries, which generated 1,775 m3 of wastewater per day, of which 1,334 m3 was primary treated. Industrial types mainly are: wooden furniture factory, constructing -material production, fertilizer factory, etc.

Ba Ria Vung Tau Province

My Xuan B1 – Dai Duong IZ: is under Southern key economic zone of Hochiminh City - Dong Nai - BaRiaVungTau - Binh Duong and has advantages on roads, waterway and airway. It locates nearby National Highway No. 51 and 55km far from Ho Chi Minh City, 45km from Vung Tau, 2km from Go Dau Port, 6km from Phu My Port. It needs a CETP for 4000 m3/d. Phase 1 of 4,000 m3/d with available technical design, being self-financed and now looks for Phase 2.

My Xuan B1- CONAC (227 ha): Locate at Tan Thanh District and nearby National Highway No. 51 and 55km far from Ho Chi Minh City, 45km from Vung Tau. 35% of land

is rental and it produces about 70 m3 of wastewater per day3. It needs a CETP of 12,000 m3/d, of which 3,000 m3/d needed in stage 1, cost VND 42 billion with technical design underway, self –finance of 50% and now looking for additional loans of VND 20 billion.

3 Baseline Data from report of CS1-2

18

My Xuan A – phase 2 (300 ha): My Xuan A Industrial Zone is under southern key economic zone of Ho Chi Minh City - Dong Nai - BaRiaVungTau - Binh Duong and has advantages on roads, waterway and airway. Located nearby National Highway No. 51, 45km from Ho Chi Minh City, 45km from Vung Tau, 2km from Go Dau Port, 6km from Phu My Port. It needs a CETP of 4,000 m3/day for stage 2.

Phu My 3 IZ Locates at Phuoc Hoa hamlet, Tan Thanh District, near the Phu My residential area and Mo Nhat River. Total area is 942 ha. It needs for CETP of 15,000 m3/d and looking for loans of VND 100 billion.

Cai Mep IZ: locates at Tan Phuoc and Phuoc Hoa hamlets, Tan Thanh District, near Phu My 2 and Mo Nhat River, Cai Mep River and Ong canal. Total area is 670 ha with 159 ha of port and 303 ha of industrial land. It needs for a CETP of 4,000 m3/day and looking for a loan of VND 40 billion.

Chau Duc Industrial Zone: located at Nghia Thanh, Suoi Nghe Commune, Chau Duc District, which is about 6 km to National Road No. 56 and 16 km to Thi Vai Port and 54 km from Long Thanh Airport. Total area of 2,288 ha of which 1,556 ha of industrial area and 538 ha of residential area. The industrial area will be divided into three sections: high-tech, multi-industrial and less-polluting industrial section. Three CETPs will be needed with total capacity of 45,000 m3/day. The first module of the first CETP has a capacity of 4,000 m3/day and construction is planned to start at the end of 2012.

19

Figure 2.2 Locations of candidate industrial zones in Dong Nai River Basin

There are 13 centralized effluent treatment plants (CETPs) which are potential candidate sub-projects, as listed in Table 2.2. The locations of CETPs are shown in figures above. Further basic information of candidate CETPs is shown in Tables 2.3 and 2.4.

Table 2.2 Candidate CETPs for VIPMP

Province

Industrial zone Investor Capacity (m3/day)

Total Investment (billion VND)

Potential Loan (billion VND)

Loan time (year)

Ba Ria Vung Tau

My Xuan B1 – Dai Duong

Dai Duong Ltd. Co. 3,000 ND 20 20

My Xuan B1 – Conac

IDICO 4,000 ND 30 20

My Xuan A – stage 2

Vietnam Industry and Urban Development Investment company

4,000 30 20 20

Phu My III Thanh Binh Phu My Ltd. Co.

15,000 ND 100 20

Cai Mep Saigon Construction Company

4,000 48 40 20

Phú Mỹ 3

Phú Mỹ 2

Mỹ Xuân B1

Đại Dương

Cái Mép

Mỹ Xuân A

20

Province

Industrial zone Investor Capacity (m3/day)

Total Investment (billion VND)

Potential Loan (billion VND)

Loan time (year)

Chau Duc Sonadezi Chau Duc Shareholding Co.

4,000 48 48

Dong Nai

Giang Dien 2 Bien Hoa Industrial Zone Development Company

9,000 71 53.525

Thanh Phu Dong Nai Transport Structure Joint Stock Company

5,000 32 24

Nhon Trach 6 Tin Nghia Group 7,500 58.7 44.209 Nhon Trach 3 – stage 2

Tin Nghia Group 2,000 22.6 16.943

An Phuoc Tin Nghia Group 2,000 ND ND Ong Keo Tin Nghia Group 6,000 29.3 15.413

Ha Nam

Dong Van II Azitatech 10,000 20 ND Thanh Liem I Azitatech 8,700 24 ND

Nam Dinh

My Trung Hoang Anh Industrial Boat Company

2,500 89.9 66

Bao Minh VINATEX Joint-stock Investment Company

6,000 52.8 39.6

Note: ND: no data. Data from Table 2.3 shows that 70% of proposed CETPs will have a capacity of more than 5,000 m3/day. They will be required to install the on-line effluent-quality monitoring following the Vietnamese regulations.

21

Table 2.3 Information on Candidate IZs for Support under VIPMP

22

Industrial

Zone

(Province)

Owner Typical

Industries

Area

(ha)

Rented

land (%)

Date of

start-up of

industrial operations

Current

CETPs

capacity (m3/day)

Effluent

standards

CETP

needs

(capacity (m3/day)

Requested

CETP Loan

(billion VND)

Status of

FS of

CETP

Status of

EIA of IZ

My Xuan B1- Dai Duong (BRVT)

Dai Duong Ltd. Co. Mechanics, chemical,

145.7 66 2006 5000

TCVN 6984:2001,class Q1M3

3,000 20 Yes Yes

My Xuan B1-Conac (BRVT)

IDICO Multi industry 227.14 38 1/04/2000 500

QCVN 24:2009, class B

4,000 30 Yes Yes

My Xuan A (BRVT)

Vietnam industry and urban development Investment company

Mechanics, pesticides

220 192 01/01/2002 ND QCVN 24:2009, class B

4,000 20 Yes Yes

Chau Duc (BRVT)

Sonadezi Chau Duc shareholding co.,

Urban Industrial areas

1156 ha 0 2008 0 QCVN 40:2011, class A

No1: 7,000 No.2: 19,000 No.3: 19,000

ND Yes Yes

Phu My III (BRVT)

Thanh Binh Phu My Ltd. Co.

Multi industry, chemicals, fertilizers, heavy industries

993.07 - ND QCVN 24:2009, class B

15,000 100 Yes Yes

Cai Mep (BRVT)

Saigon construction company

Heavy industry supporting the port aspects

670 42 2003 8000

QCVN 24:2009, class B

4,000 40 Yes Yes

Giang Dien (DN)

Bien Hoa Industrial zone development company

Multi-industries

529.2 10 Still continue the final land clearance

No1: 3000 No.2: 9000

QCVN 24:2009, Class A

9,000 53.525 Yes Yes, submit file

Thanh Phu (DN)

Dong Nai transport structure joint stock company

ND 177.2 48 2006 6500

TCVN 6980:2001-Q1.M1

5,000 24 Yes Yes, submit file

23

ND: no data

Nhon Trach 3 (DN)

Tin Nghia group Multi-industries, focus on heavy industry

697.3 Stage 1: 336.9 Stage 2: 360.49

Satge 1: 100% Stage 2: 47%

1/6/2003 No. of existing industries now: 20 of which 5 have preliminary treatment

Finished module 1: 2000 m3/day Existing WW: 1200 m3/day

QCVN 24:2009/BTNMT , class B; QCVN 40:2011, class B, Kq=1.1 and Kf =0.9

Module 2: 2000 m3/day Total: 8,000 m3/day

22.6 Yes Yes

Nhon Trach 6 (DN)

Tin Nghia group Multi-industries

327 ND 2005 No. of industries: 0

6,000 m3/day

QCVN 24:2009/BTNMT , class B

7,500 58.7 Yes Yes

An Phuoc Tin Nghia Coporation

201 ha 0% Not yet 0 QCVN 40:2011, class A

Module 1: 2000/6000

22 Not available

Not available

Ong Keo (DN)

Tin Nghia group Textiles, chemicals, mechanics, paper, plastics, etc.

823 56 (272 ha)

2008 No.of industries: 16

Stage 1-1: 3000 Stage 1-2: 3000 Existing WW: 550 m3/day

QCVN 24:2009/BTNMT , class B

Stage 1: 6,000 Total: 25000

29.3 Yes Yes

Dong Van II (HN)

Azitatech Multi- industries

263 30 ND 10,000 10,000 125 Yes Yes

Thanh Liem I (HN)

Azitatech Multi-industries

98.85 ND ND 8,700 8,700 103 Yes Yes

My Trung (ND)

Hoang Anh Industrial Boat Company

Multi-industry except textile and aquatic industry

149

22 ND 2000 2,500 66 Yes Yes, submit file

Bao Minh (ND)

VINATEX Joint-stock Investment Company

Multi-industries

91 6 ND 2008 6,000 39.6 Yes Yes

24

Table 2.4 Safeguard-specific information of CETPs

Industrial

Zone

(Province)

Decision of EIA

approval for IZ

Decision issued by Status of EIA for

CETP

Water quality

standards for

receiving waters of wastewater

CETP

proposal

CETP

Investment

report

Basic detail

Design

Environme

nt

monitoring results

Discharge

report

My Xuan B1- Dai Duong (BRVT)

EIA: 2066/QD-UBND

PC of Ba Ria Vung Tau Province On 20th July 2006

No specific EIA for CETP

Thi Vai River, QCVN 08:2008, class A2

ND ND ND ND

My Xuan B1-Conac (BRVT)

EIA: 599/QD-BTN

MONRE On March 21st

2008



ND ND ND ND

My Xuan A (BRVT)

ND ND No specific EIA for CETP


ND ND ND ND

Phu My III (BRVT)



Available ND ND ND

Cai Mep (BRVT)



ND ND ND ND

Chau Duc (BRVT)

EIA: 453/QD-BTNMT Modified EIA: 936/QD-BTNMT

MONRE On March 13rd

2008 MONRE On May 28th 2008


Xoai River, QCVN 24:2009, class A

No No No No No

Giang Dien (DN)

EIA: 1054/QD-BTNMT Modified EIA: 572/QD-BTNMT

MONRE May 21th of 2008 MONRE March 24th of 2010


Buong River

Available Available ND ND

Thanh Phu (DN)


Tan Trach Canal, Dong Nai River

Available Available Available ND

An Phuoc – Long Thanh

Not yet (June, 2012??)

6 km Nuoc Trong stream, QCVN 08:2008, A1

Not available

Not available Not available

Not

available Not yet

Nhon Trach 3 (DN) – phase 2

EIA: MONRE No specific EIA for CETP

Lo ren sluice (10 m from Mareng canal)

Available Available Stage 1 had basic design

Available Stage 1: licence will

25

Note: - ND: no data

- Shaded cells are for the two IZs which are expected to receive a loan in the first year of the project.

1696/QD-BTNMT (stage 2)

November 15th of 2006

then to Thi Vai River (1.5 km), QCVN 08:2008, class B1

but stage 2 not have

be needed to extend

Nhon Trach 6 (DN)

EIA: 1791/QD-BTNMT

MONRE August 19th 2008



Available Available No No

Ong Keo (DN) – phase 1

EIA: 1294/QD-BTNMT

MONRE On April 29th of 2007


Bang Canal and Long Tau River.

Available Available Available Available

Dong Van II (HN)

EIA: 272/Q§-BTN&MT

MONRE On Feb 2nd of 2008


A48 canal- Chau Giang- Nhue River

Available ND ND ND

Thanh Liem I (HN)

Under appraisal process

PC of Ha Nam Province

EIA for CETP will be needed

Kinh Thuy – Nhue River

Available ND ND ND

My Trung (ND) EIA: 420/2006/QD-TNMT

DONRE of Nam Dinh Province April 24th of 2006


Hong River Available ND ND ND

Bao Minh (ND) No specific EIA for CETP

Available ND ND ND

Vietnam Industrial Pollution Management Environmental and Social Management Framework

26

Based on the collected information we found that:

- All industries had feasibility study and EIA reports for industrial infrastructure development but didn't have specific EIA and FS for CETPs, especially EIA reports for CETPs prepared as requirements of Decree No. 29/2011, as they were not subject to this requirement.

- Only six industrial parks have submitted basic design for CETPs such as: Cai Mep, Phu My 2, Ong Keo, Nhon Trach 3, Chau Duc, and Nhon Trach 6.

- Industrial parks have higher potential of pollution are: Phu My 2, Phu My 3, Cai Mep, Nhon Trach 3, Nhon Trach 6, Ong Keo, My Trung, Chau Duc and Thanh Liem IZs (we don't have information of Bao Minh and Dong Van 2 IZs).

- Industrial parks have land rental rate more than 40% are: My Xuan A, Cai Mep, Thanh Phu, Nhon Trach 3, and Ong Keo.

Based on the preliminary survey and assessment, two industrial zones are now ready now for investing and can meet the various technical criteria of VEPF and MPI, including preparation of safeguard instruments, namely Nhon Trach 3 in Dong Nai Province and Chau Duc IZ in BRVT. These subprojects have been appraised as part of Bank appraisal of entire project for financing in the first year of project implementation.

Table 2.5 Identified IZs for CETP financing in the first year of project implementation

IZ Châu Đức Nhơn Trạch III

(Phase2, expansion)

Province Bà Rịa - Vũng Tàu Đồng Nai Year of Establishment 2009 2003 Approved Area (ha)

Total industrial land area 968 262.5 Contracted Area 4 126 Occupancy Rate 0% 47%

Contracted Tenants Total registered 3 29 (including 1 closed projects)

In operation 0 20 Under Construction 3 8 Sectors of Tenants Approved as multi-sector IZs

but prioritize tenants using clean and advanced technology with low pollution

Approved as multi-sector IZs with the existing industries as follows: Medicine, chemical products, prefabricated metal, foodstuff, machinery, rubber and plastic products, textile, electronic products, electric equipment, non-metal mineral products, paper and paper products; real estate, legal, accounting and auditing; civil construction

Wastewater Total volume 0 884cm/d at average (with maximum flow of

1,169cm/d). Estimated 3,000cm/d around November 2012 with additional tenants

Treated 0 An existing 2000 cm/d facility. 2nd facility will be needed to increase the existing capacity into 4,000cm/d.

Pre-treatment requirement Class C (TCVN 5945:2005).

Class C (TCVN 5945:2005).


27

Sludge quantity 0 1 ton/month Sludge disposal 0 Sludge is treated as HW by a licensed

company (solidification and landfill) Proposed CETP investment

Proposed Capacity 4,000 2,000 Discharging standard A B

Estimated Investment (m USD) 2.1 1 Current status Site ready. Basic design

and draft bidding document ready

Site ready, ongoing basic design, no bid yet

Table 2.6 shows the main existing and planned industries in the candidate IZ and their preliminary classification of potential pollution. The wet industries (create heavy polluted wastewater) such as dyeing industry, paper mill, tanning, plating industries, chemical manufacturing, fertilizer, etc. could lead to serious pollution. In Ba Ria Vung Tau Province, three IZs such as Cai Mep, Phu My II and Phu My III have such wet industries, therefore, have high potential pollution. Similarity, Nhon Trach 3, Nhon Trach 6 and Ong Keo in Dong Nai Province, Dong Van in Nam Dinh Province and Bao Minh in Ha Nam Province also have high pollution potential. On the following table, the following are the abbreviations that are used: PM: Phu My, XM: My Xuan, CM: Cai Mep, GD: Giang Dien, TP: Thanh Phu, NT2: Nhon Trach 3, NT6: Nhon Trach 6, OK: Ong Keo; DV: Dong Van, TL: Thanh Liem, MT: My Trung, BM: Bao Minh; CD: Chau Duc. X: present.


28

Table 2.6 Number of industries in the candidate IZs of VIPMP

No Type of industry

Ba Ria Vung Tau Dong Nai Ha Nam Nam

Dinh

CD

MX

B1_

DD

MX

B1_C

M

XA

P

M

III

C

M

GD

2

T

P

NT

6 NT3 OK

DV

II

TL

I

M

T

B

M

1 Textile and sewing 1 X 2 X X

2 Textile and dyeing X

3 Chemicals X X X 6 X

4 Fertilizers x

5 Mechanical manufacturing/ metallurgy

X x X X X X X 1 X X X

6 Plating x X X

7 Wooden products 5 X 2

8 Food processing/animal foodstuff

x X X 4 X

9 Footwear x

10 Tanning X 3

11 Household goods X x X

12 Papers 5 X

13 Electronic/electric goods

X x X X x X 3 X X X

14 Plastic/rubber goods X x X 5 X

15 Battery

16 Medicine X X 2 X

17 Pesticides /herbicides X

18 Constructive materials X x X x X

19 Jewelry X

20 Industry services X X X 1 4 X

21 Waste treatment services

22 Mineral 18

23 Others

Planned type of industries L L L L H H L L H H H L H

Rate of land leased (%) 6.6 38 84 0 42 10 48 68 77 30 22 0

Potential pollution level* L L L L H H L L H H H L H


29

2.3 PROJECT AREA

Four provinces have been selected to be included in the project, covering two river basins – Nhue Day and Dong Nai River Basins. The four provinces selected are Ha Nam, Nam Dinh, Dong Nai and Ba Ria Vung Tau. The province locations are shown in Figure 2.1.

Construction of CETPs in all industrial estates will require a significant amount of investment. A recent study (the BKEP4 Study) on industrial wastewater pollution in the two most polluted river basins found that 95/140 industrial zones and 182/188 industrial clusters in three northern provinces (Hanoi, Nam Dinh and Ha Nam) in the Nhue Day river basin and five southeast provinces (Ho Chi Minh, Dong Nai, Binh Duong, Binh Phuoc and Ba Ria-Vung Tau Provinces) in the Dong Nai river basin were operating without a CETP in 2009.

The study estimated that a total of USD $360 million will be needed for all these industrial estates in the eight provinces to construct CETPs with appropriate treatment technologies. It was noted clearly however that the lack of suitable treatment is primarily attributable to poor enforcement and a weak regulatory environment and not only to a lack of financial capital.

Figure 2.3 Locations of four project provinces

4 LBCD Consultants Inc. and Experco International Ltd. (January 2010), Report on Industrial Wastewater Management in Nhue-Day and Dong Nai River Basins. The study was commissioned by the World Bank and Ministry of Planning and Investment (MPI) under the Bank-Korean Environment Partnership.


30

2.3.1 Nhue – Day River Basin

1. Overview of Nhue - Day River Basin

Nhue-Day River system linked with the Red River but has its own basin with tributary rivers such as Nhue, Tich, Thanh Ha, etc. The Nhue-Day River basin (7,665 km2) stretches from the mountainous Ha Tay, Hoa Binh provinces to Ha Nam, and finally to the coastal Ninh Binh, Nam Dinh provinces. The length of the basin is 314 km, the meandering coefficients is 1.53. This basin is rich in biodiversity and play importance role of economic development not only for the country but also for the Red River Delta as well as of water irrigation for a few Northern provinces.

After dam construction, the Day River (237 km) is now a draining river and serves to diverge floods in the rainy season. Its branches such as Tich, Thanh Ha, Hoang Long Rivers flow through towns, cities and industrial zones and provide important water sources for agriculture and industrial production. However, the population density in the basin is about 3.5 times higher than the national average density. In recent years, the expansions of big cities like Hanoi and Ha Tay, together with the spreading of residential areas, industrial zones, and craft villages have brought up the GDP of provinces along the Nhue-Day River system. At the same time this economic development has put the river environment in greater danger.

This basin is in tropical humid monsoon climate, characterized by cold and dry winter and a hot humid and rainy summer. The average year temperature ranges between 23 ÷ 24oC. The annual average air humidity ranges from 75 to 90%. The annual average rainfall for many years reaches 1650 mm with 150 days of precipitation. The rainy season is from May to September, accounting to about 83% of the total rainfall per year.

Nhue - Day River consists of two main branches, namely Nhue and Day branches. When the Day dam is closed, the upper stream becomes “dead”. Day River branch is not only affected by basin’s activities and the climate factors but also by flow of Red River and other rivers. Annual flow distribution depends on the seasons and annual rainfall. The volume of flood water in most rivers accounts 70-80% of the year. In the dry season, the rate and volume of water is low, only about 20-25% of annual flow for 7 months.

2. Water quality

River water quality in Nhue - Day sub-basin depends on river flows, wastewater discharge in the upper river and on pollutant sources from agriculture and aquaculture in the lower parts of the river system. Pollutants are mainly organic substances and coliform, often at relatively high levels, especially in the dry season. Pollution levels are increasing. In the upper reaches, water quality of the Nhue River is good, although SS levels are very high. The sections of the Nhue River through Ha Dong Town (Phuc La), after receiving water from the To Lich River, become seriously polluted: COD and BOD5 exceed TCVN (B) by several times. DO remains very low and does not meet TCVN (A). The water has a poor physical appearance, being black and scummy, and with a strong bad odor.

The Day River is locally polluted as the river is affected by the pollutants from the Nhue River. From Ha Dong Town (Ha Tay) to Phu Ly Town (Ha Nam), water in the Day River is mainly polluted by organic substances. In the river sections flowing through Phu Ly (Ha Nam for instance), organic pollutants have exceeded limitation of TCVN (A). At Hong Phu bridge (Phu Ly, Ha Nam – the confluence of the Nhue, Day and Chau Giang Rivers) - the water is polluted with relatively high concentrations of organic pollutants. Considering at


31

both spatial and temporal aspects, the pollution level in Day River is less than that in Nhue River. However the pollution level is different at different river segments.

In the scope of project, both Nam Dinh and Ha Nam Provinces are located in the downstream area of the basin. Ha Nam Province is in the downstream of Nhue River and Nam Dinh Province locates in the catchment between Red and Day Rivers’ downstream, from Day River flows through Y Lien and Nghia Hung district and then directly flow to the sea at the Day seaport.

The increase on quantity and concentration of pollutants from Ha Noi discharged directly to Nhue Day basin is one of main pollutant sources in surface water of Nhue, Day, Chau Giang rivers5. Industrial zones pollution in both provinces is a serious problem. Ha Nam has only one out of 4 IZs equipped with wastewater treatment system. Similarly, municipal wastewater from hospital has not been treated well due to lack of the treatment facilities in 9 out of 13 hospitals6.

Recently, compared with the quality water in 2006, economic development activities have caused the water quality of Nhue-Day River to decline by 10-20%, especially, the water flowing through Hanoi, Nam Dinh provinces’ industrial areas, villages, mining and processing area has high pollution level, exceeding allowed regulations many times; evenly, some are in warning levels. According to Environmental Monitoring Center (VEA), the basin receives nearly 4 million m3 of wastewater per day; of which, agricultural and livestock activities account for 62 %. Generally, in term of wastewater pollution, Hanoi accounts for 48.8%, followed by Nam Dinh, Ha Nam, Ninh Binh and Hoa Binh provinces (at least 4.4%). In detail, 45,500 private businesses, 19 industrial parks, some industrial clusters and about 450 villages in five provinces and cities is estimated to discharge 232 million m3 yearly, contributing the pollution in the basin more seriously7.

Moreover, based on the yearly results of monitoring in the basin, water has high concentrations of BOD5; COD; nitrogen compounds; SS; phenol; coliforms, exceeding QCVN 08:2008/BTNMT (Column A2). Specially, phenol concentrations in Day River were from 2.2 to 10.3 times higher than limits of standard in 2008. 3. IZ development and its environmental impacts on Nhue – Day River Basin

Nam Dinh province

There are 12 planned industrial parks in Nam Dinh Province, namely Hoa Xa, My Trung, Thanh An, Bao Minh, Hong Tien, Nghia An, My Loc, Xuan Kien, Trung Thanh, Thinh Long, Nghia Binh, and Tau Thuy Vinashin. Of which, 04 industrial parks are already operating (Hoa Xa, My Trung, Tau Thuy VINASHIN, and Bao Minh). In the scope of project, My Trung and Bao Minh IZs are discharging wastewater directly into Nhue-Day River.

Wastewater discharged mainly from industrial parks, industrial clusters, and traditional handicraft villages, has degraded significantly water quality in Vinh Giang, Dao and Day Rivers, etc.

5 PCDA. 2008. Plan on act of environmental pollution control in Ha Nam Province in the period of 2010-2015. Downloaded in < pcda.eia.vn/Documents/f268d21114cd4aacb4efc28b3a726e53.doc> 6 Nguyen Minh Son. 2008. Report on “Water quality Component”. Institute of Environmental Technology, VAST. Downloaded from http://www.vnwatersectorreview.com/detail.aspx?pid=107&r5. 7 MONRE. (April, 2011). The water quality in Nhue Day basin is degrading. Downloaded from http://www.monre.gov.vn/v35/default.aspx?cateid=5&code=w1k2t99482&id=99482&tabid=428.


32

Nam Dinh province has constructed completely two wastewater treatment plants of Tien Xuan (Xuan Truong) and Yen Xa (Y Yen) industrial clusters. A CETP in Hoa Xa IZ is currently in the trial operation; a WWTP of An Xa industrial cluster is being constructed and was commissioned in 2011. The Provincial hospital is also funded to construct the medical waste incinerators of 350 kg/day and a WWTP with capacity of 600 m3/day.

In 2011, Nam Dinh continued to invest and support the construction of 10 municipal waste landfill, of which 07 landfills are in 06 communes of Nhue – Day river basin; and support Nam Dinh City to construct more cells in Loc Hoa waste treatment plant, 02 hospital incinerators, and 04 industrial wastewater plants at Hoa Xa, An Xa, Xuan Tien and Yen Xa Industrial Zones. At present, the rate of municipal- waste collection is low (78% in Nam Dinh City and nearly 50% in rural areas). Majority of industrial solid waste (521/696 tons / month) were recovered and re-used.8

Ha Nam Province

There exist 8 industrial parks (total area 1,759 ha) approved by Prime Minister, of which 4 IPs are operating (759 ha) such as Dong Van I, Dong Van II, Chau Son, and Hoa Mac, meanwhile others are under land clearance process (Itahan, Liem Phong, Liem Can and Thanh Binh (Thanh Liem I, II). The total number of invested enterprises is 122 units, supplying jobs for 18,236 laborers. The industrial parks in Ha Nam Province plays important role to re-structure the economic structure toward concentrating on industries and services. They also contribute 400 billion VND into Government’s budget.

In 2007, 22,000 m3 of domestic wastewater, 15,000 m3 from the industrial sites, 350 m3 from health care activities, 7,500 m3 from livestock farms and 193,621 m3 from traditional villages were discharged to natural water bodies per year9.

In terms of wastewater treatment, the province has about 18 facilities building wastewater treatment systems include: 5 public WWTP; 5 decentralize WWTP in IZs and 8 WWTP outside the IZs. Among 4 IZs only Dong Van I IZ has constructed WWTP (capacity of 1,000 m3/day and meet class B emission standard). In addition, about 5,000 livestock farms of (5.8%) 86,000 units built biogas digester.

4. Solid waste treatment

Nam Dinh province

Most hospital waste has been collected and treated separately from municipal wastes. Sanitation conditions in rural areas are poor performance, only 84 communes of 191 communes had garbage collection system and 37 communes did not have landfill plans. Nam Dinh Ltd. Co. is the only one company in charge of waste management in Nam Dinh. It had a complex solid waste treatment facility and an industrial waste incinerator (18 tons/day) in Loc Hoa

8 MONRE. (2011). Higher priority in treatment of pollution sources on Nhue Day Basin. Downloaded in <

http://vea.gov.vn/vn/quanlymt/Quanlychatthai-caithien/lvsvavvb/Pages/. 9 See above number 03


33

commune to treat the solid waste of Nam Dinh city. Meanwhile another 50 landfills are just open dumping site. The hospitals in Nam Dinh have invested in 13 incinerators10.

Ha Nam province

Municipal waste from Phu Ly commune and surrounding areas were collected and transferred by Ha Nam Urban Construction Company to Thanh Thuy landfill. Dong Van Ltd. Co. collected garbage from Dong Van, Duy Minh and Hoang Dong communes and transferred to solid waste treatment facilities in Dong Van IZ.

The province has 3 projects building waste treatment plants (01 is operating) and about 40% of communes have temporary landfills, which are usually built near agricultural areas and do not meet sanitation standards. A 120 ton-composting facility in Thanh Liem district was applied to produce organic fertilizer, however, its technology produced a high amount (about 40%) of dumped waste, therefore, it is a less eco-friendly facility. Đong Nai River Basin.

2.3.2 Dong Nai River Basin

1. Overview of Dong Nai Basin

Dong Nai River originates from the Di Linh highland in Lam Dong province and connects to the East Sea through Soai Rap estuary. Total length of the river is 628 km. Total river basin area is 38,610 km2.

The section of Dong Nai River in HCMC spreads from District 9 to intersection point with Nha Be River. Total length of this section is 40 km and average width is 200-300m. The flow-rate of Dong Nai River varied from 30 to 100 m3/s. However, when flow from Tri An reservoir was added, the flow rate has increased to 2110 m3/s as maximum flow and 600m3/s as minimum flow. Due to discharge rate of Tri An Reservoir and Dau Tieng reservoir, a salinity limit of 4‰ is pushed back to Cat Lai, 10 km long from its first present point (Hiep Binh crossroad). When an additional flow rate of 20m3/s from Thac Mo Lake is discharged to the Dong Nai River, salinity intrusion is 4-5 km in land further than its previous position.

Dong Nai River Basin - Saigon is located in the tropical monsoon climate with two seasons: dry season (from November last year to April next year) and the rainy season (from May to October). In the dry season, rainfall accounts for less 20%; therefore, the drought so often happens, especially in the Southern Highland, Ninh Thuan and Binh Thuan. Rainy season accounts for 80% of rainfall a year, concentrating on August and September, causing floods in many places, especially in Dong Nai, Ho Chi Minh City, Long An.

Flow of rivers varies greatly between the seasons: the flood flow of Dong Nai (Bien Hoa after Tri An) is 1.500 - 1.800m3/s, the Saigon River (in Thu Dau Mot, after when Dau Tieng) is 100 - 160m3/s. While the dry flow in Dong Nai and Saigon Rivers are 230 - 300m3/s and 25 - 50m3/s, respectively.

All the Dong Nai River sections in Ho Chi Minh City, Long An and coastal areas in Ba Ria - Vung Tau, Binh Thuan and Ninh Thuan are tidal effect and salinization. The Dong Nai River ranks second in hydropower potential in the whole country and in 2000, total installed hydropower capacity reached 1,182 MW with average annual power productivity

10 http://baonamdinh.com.vn/channel/5092/201107/Thuc-trang-quan-ly-chat-thai-ran-tren-dia-ban-tinh-va-bien-phap-khac-phuc-ky-i-2062521/


34

of 4,881 GWh. In addition, the basin includes Dau Tieng Reservoir system which is the largest irrigation system in Vietnam. Several additional reservoirs are currently under construction.

Thi Vai River last for 76 km from Long Thanh, Dong Nai to Chau Thanh District and flow to East Sea at Ganh Rai Bay. Some branches at downstream connected with Sai Gon – Dong Nai River. Its basin is about 77km2, river width ranges from 400 to 650m, average depth is about 22m and at 60m at the deepest location. Water level difference is about 35 -39 cm. The maximum flow at low tide and high tide are 3,400m3/s and 2,300m3/s, respectively. The average rainy flow is 350 - 400m3/s while it is 200m3/s in the dry season and at minimum at 40 – 50 m3/s. The maximum velocity is 1.5m/s. 2. Water quality of Dong Nai River

The Dong Nai River basin is affected strongly by many sectors. The lower-river parts of some rivers in the basin have been seriously polluted, with some sections becoming “dead” rivers. The water of the mid-river sections of the Dong Nai River (especially the part from Thien Tan Water Plant to Long Dai - Dong Nai) has high levels of SS and organic pollution. SS exceeds TCVN (A) by many times, DO is lower than the standard and COD exceeds it by several times. At the Dong Nai Bridge the lead concentration has exceeded TCVN (A)11.

- In the sections from Be River to Dong Nai River, water quality is not satisfactory for the purposes of water supply due to high levels of organic matter, suspended solids, grease and bacteria. In Be River, the surface water became yellow; much grease observed on the water surface, however, water in Dong Nai province (after gate Tri An Reservoir) is quite good. To be more specific, based on the data of the third quarter of 2011, Dong Nai River which flows through the city of Bien Hoa (SDN section 3) has not reached water standard for supplying in accordance with national technical standards for surface water quality QCVN 08:2008 / BTNMT (column A2). In the same of result in the first and second quarter, the water in this section is considered as water body for transportation. Because the third quarter is the time which peaks at rainfall, silt from upstream Dong Nai River flowing to downstream contributes to higher turbidity of water. Impacts of pollutants in Trieu River caused by tidal current combined with untreated discharge in Bien Hoa caused water quality degradation. Water pollution was mainly indicated by high density of bacteria (Colifrom; E. Coli), turbidity and suspended solids, which exceeded the permissible limits for drinking water supply12.

- La Nga River receives wastewater from many industries (e.g. AB Mauri Food Enzyme Company, La Nga Sugar Joint-Stock Company), human waste and discharges from aquaculture, therefore, water was contaminated with organic compounds, nutrients and bacteria.

- Thi Vai River when flowing Dong Nai Province, is used for irrigation and navigation. Water monitoring data in July of 2011 indicated water quality improvement, e.g. organic matters and bacteria concentrations have decreased significantly, however, in November the upstream flow caused disturbances and increase of turbidity and suspended solids. Organic pollution mainly occurred in upstream Thi Vai River, Nuoc

11 Nguyen Minh Son. 2008. Report on “Water quality Component”. Institute of Environmental Technology, VAST. Downloaded from http://www.vnwatersectorreview.com/detail.aspx?pid=107&r=55. 12 Dong Nai DONRE. 2011. The Report of environmental water quality of Dong Nai river (section 3) in the third quarter of 2011. http://www.tnmtdongnai.gov.vn/VBPQ/vbpq_detail.aspx?doc_id=2203.


35

Lon canal and Phu My thermal power plant. The concentrations of organic matter, DO, COD, BOD5 in these areas were generally higher than those in other sections. Eutrophication occurred at upstream section from Long Tho to Go Dau port.

3. IZ development and its environmental impacts on Dong Nai River Basin

Dong Nai province

Based on survey data in December 2010, there exist 30 industrial parks formed (22 existing) (9,573.77 ha, of which 3,780.7 ha lent area accounted 59.65%). More than 35 foreign nations have invested with total investment capital of 13,059.51 million USD and 309 domestic projects with 31,625.51 million VND. In the period of 2011-2015, toward to 2020, Dong Nai province has set its goal to focusing on sustainable development of industries, especially as high tech industry, mechanical industry, supporting industry, agriculture- supporting industries, etc. In this period, Dong Nai province will establish new industrial parks, namely Phuoc Binh (190 ha), Gia Kiem (330 ha), Cam My (300 ha), Suoi Tre (150 ha) and extend the conventional industrial parks such as An Phuoc, Amata, Xuan Loc, Tan Phu, Long Duc. Pollutants mainly come from industrial activities, livestock, urban, and hospital. The total volume of industrial wastewater generated in the present is about 306,487 m3, which is 1.3 times higher than those in 2005 (approximately 240,000 m3/day); of which 190,000 m3 of untreated sewage. Most CETPs in IZ is overloaded or unstable, therefore, the potential risk of critical pollution is high. Based on the calculation of the project "Investigation and assessment of wastewater and proposal of solutions for environmental protection in Dong Nai," pollutant loads from industrial wastewater in 2010 is 5,073 kg SS/day, 6,341 tons COD/day and 4,597 tons BOD5/day13. Among 30 industrial parks, only 19 have operating CETPs, which able to treat 68% of total wastewater, 44,000 m3/day. Two candidate IZs, namely Ong Keo and Thanh Phu did not construct CETPs yet, the other 7 industrial parks need to extend or upgrade their existing CETPs.

Ba Ria-Vung Tau Province

Ba Ria-Vung Tau province has 14 industrial parks (8,800 ha, of which 5,909 ha was for leasing, however only 2,122 ha was rented). Until 6/2011, the total number of enterprises in industrial parks is 230 units. Total investment capital is 58.811 billion VND and 11.06 billion USD. The industrial parks in Vung Tau play important role on reconstruction of economic structure which focuses on industry and service development. Most industrial parks are located in Tan Thanh district where has good-quality infrastructure, including international ports, the inter-provincial and inter-regional highways along Thi Vai River.

Thi Vai River flow through BRVT Province with total length of 25 km. Tidal effect is main factor causing accumulation of pollutant concentrations in water. In the past, Thi Vai River was polluted seriously in terms of organic matters, nutrients, SS, bad odor and bacteria due to untreated industrial effluents from many industries such as dyeing, tanning, food processing

13 The Report of completing the monitoring system in Dong Nai Province in the period of 2011-2015, toward 2020. 2011. Dong Nai Province Natural Resource and Environmental Department.


36

industries, etc. Due to enforcement and strictly control and supervision on environmental protection and illegal discharge in recent years, water quality of Thi Vai River is improved14.

At the end of 2010, 5 industrial parks among 8 units have operating CETPs such as: Dong Xuyen (3,000 m3/day), Phu My I (2,500 m3/day) funded from Government; and My Xuan A (4,000 m3/day), My Xuan A2 (7,500 m3/day), My Xuan B1-Tien Hung (1,500 m3/day) all funded by their own budget.

Phu My II IZ has only one project owned by Possco VietNam Limited Company, having local WWTP (7,200 m3/day) and a domestic WWTP (200 m3/day). Their effluents meet the standards and are allowed to discharge to environment. Phu My II needs to build CETPs of 25,900 m3/day.

4. Solid waste treatment

Dong Nai Province

Total amount of industrial waste in Dong Nai Province is estimated about 288,377 ton/year (790 ton/day). The percentage of waste collection varied from 70 to 80%. Based on the data on November 2009, hazardous waste generated from IZ was about 101,790 ton/year (279 ton/day). The number of enterprises which registered on hazardous management license increases from 30 units (in 2001) to 538 units (in 2010). However, the rate of waste collection is low, only about 35% (or 35,600 ton/year) because the quantity of hazardous waste increased significantly meanwhile the capacity hazardous waste management of enterprises was limited. According to its Solid Waste Master Plan until 2020, Dong Nai will construct 8 solid waste treatment zones, of which two have total area more than 100 ha at Nhon Trach and Long Thanh and one Quang Trung (130 ha) in Thong Nhat. Quang Trung waste treatment zone is located at Nguyen Hue village and Quang Trung Ward and 8 km far away from Thong Nhat town. This area includes treatment of domestic, industrial and hazardous waste, waste reuse and waste recycle. Its designed components include:

• Sanitation landfill for domestic waste (1st cell of 5,000 m2 is operating) which was designed following TCVN 261:2001

• Compost factory with capacity of 200 ton/day • Safety landfill, capacity of 20 ton/day • Heavy metal recovery station, 10 ton/day • Industrial waste incinerator, 12.4 ton/day (the existing module is 200 kg/h) • Immobilization station, 20 ton/day • Chemical-physical liquid treatment station, 20 ton/day • Waste storage areas of 3,000 m2 • Leachate collection pond of 2,000 m2 and leachate treatment unit of 60 m3/day.

Ba Ria-Vung Tau Province

In Ba Ria-Vung Tau Province, there exist 12 solid waste treatment projects owned by foreign and domestic enterprises, however, only 3 are operating on industrial and domestic waste

14 Monitoring data from 2004 to 2010, Center of Environmental Monitoring and Analyzing, DONRE in Ba Ria-Vung Tau province


37

treatment (92 ton/day). At the end of 2011, 2 more projects (KBEC company-Korean and Dai Thanh) will commission, which could treat about 1,300 -1,700 ton/day of industrial waste, hopefully. According to the Decision No. 01/2007/QD-UBND dated on 4/1/2007, BRVT People's Committees has decided two sludge dumping areas such as: one ocean site and 1.175 ha at Northern West of Rang River. The second area can receive about 23 million m3 of sludge. In addition, more than 52 ha of green space could also receive sludge from wastewater treatment plant if they are not toxic. However, the authority has build Toc Tien waste treatment area.

There are about 730 tons of domestic waste created each day. They were dumped at landfills of Tan Thanh (100 ha of Toc Tien), Chau Duc (1 ha), Xuyen Moc (0.6 ha) and BRVT town (1 ha). Toc Tien centralized solid waste treatment area has 3 factories such as: liquid waste treatment factory of 300 m3/day of Dai Nam company (commission in 2008); Oil recovery factory (10,000 tons/day and operated in 2010), and Sao Viet hazardous waste treatment of 20,000 ton/day operated in 2011.


38

CHAPTER 3. LEGISLATIVE AND INSTITUTIONAL FRAMEWORK FOR INDUSTRIAL POLLUTION

CONTROL

This chapter provides a general overview of the applicable legal frameworks in Vietnam, including the laws, the directives and regulations for environmental management and related sector laws (industrial management, water resources management) and requirements for environmental impact assessment studies.

3.1 LEGISLATIVE FRAMEWORK FOR INDUSTRIAL POLLUTION

CONTROLS

The legislation and regulation related to industrial sectors issued by the Vietnam Government have been analyzed more details in the separated report conducted by the Legislation analysis experts. This section in the ESMF provides a general overview of the applicable legal frameworks in Vietnam, focusing on the laws, the directives and regulations only applied for industrial pollution control.

3.1.1 At central level

The Directive No. 36 CT/TW has set a foundation for industrial pollution control as well as contributed to review and assess the potential, problem, and challenges of cleaner production in Vietnam, both for individual companies and industrial parks. The Law on Environmental Protection in 2005 is the key environmental policy instrument in industry management, issued standards, environmental management system (EMS), regulations, and comprehensive system for auditing the existing industrial facilities. In the period of sustainable industrial development in Vietnam, environmental protection activities and extensive environmental quality monitoring systems have facilitated the scheme of supplying and analyzing the data and information for planning, managing as well as protecting the industrial environment. Vietnamese Government approved the National Plan on pollution control toward 201015 for both industrial zone and urban as a main orientation in the environmental policy applied in industry. It classified some serious polluted industrial sectors such as chemical, textiles, leather, paper, food processing, mining, health care, transportation; areas with high concentrations of toxic chemicals resulted from the war and pesticide (Article 1). Mentioned in the National Plan, the key principle in industrial pollution control is pollution prevention (Article 2). On July 15th of 2009 MONRE issued Circular No. 08/2009/BTNMT and Circular 48/2011 issued on 28/2/2011 on regulation of management and environmental protection in economic zones, high-tech parks, industrial parks and industrial clusters. For industrial parks and clusters, the industrial zones authority is directly responsible of management on environmental protection authorized by its state. Based on this legal framework, many legislative and technical documents are set by the Government. The main legislative documents for industrial pollution control are listed as 15 Decision No. 328/QD-TTg, December 12th of 2005


39

following:

* General sectors

- Law of Environmental Protection approved by the National Assembly of the Socialist Republic of Viet Nam on November 29th of 2005.

- Decree No. 21/2008/ND-CP on February 28th of 2008 on amendment and addition some articles of Decree No. 80/2006/ND-CP on August 09th of 2006 of Government on detailed regulations and guidelines for implementation of some articles of Environmental Protection Law.

- Decision No. 16/2007/QD-TTg on January 29th of 2007 of Prime Minister on approval of "National master plan for environment monitoring network toward 2020".

- Decree No. 29/2008/ND-CP on March 24th of 2008 on regulation of industrial parks, export processing zones, economic zone, which issues that State administration of IZs, EPZs, EZs will implement the mission regarding environmental protection such as the evaluation report of environmental impact assessment of investment projects in the EPZs, IZs, EZs; testing, inspection and administrative fine in the field of environmental protection.

- Decree No. 117/2009/ND-CP on handling of law violations in the field of environmental protection.

- Decree No. 74/2011/ND-CP dated 25 August, 2011 on environmental protection fee

- Circular No. 36/2005/TT-BNV dated 6/4/2005 on rating Industrial Zones authority of industrial parks, high technology parks, and importing - processing exporting - parks.

- Circular No. 04/2008 TT-BTNMT dated September 18th of 2008 approved by Minister of Natural resource and environment, guiding the formulation and appraisal or certification of environmental protection systems and the examination and inspection of implementation of environmental protection systems. The administration of industrial parks, export processing zones and economic zones has task of environmental management, especially on implementation of certificated and approved projects for environmental protection of the operating enterprises in the industrial parks and export processing zones.

- Decision No. 256/2003/QD-TTg of the Prime Minister dated 2/12/2003 on Issuance strategy of national environmental protection until 2010 and toward 2020.

- Decision of the Prime Minister 1107/QD-TTg dated 8/21/2006 for approving the development plan of industrial zones in Vietnam in 2015 and set for the year 2020.

- Law of standard and technical regulation on 29th June, 2006 and Decree No.127/2007/ NĐ-CP on implementation of this law.

- Decision No. 71/2008/QD-TTg on financial deposit for environmental protection.

* Water environment

Water resources management in Vietnam is defined by the Water Resource Law (Law No. 1998/QH issued on May 19th of 1998) and the Decree No. 179/199/ND-CP on stipulating the implementation of the law on water resource. The laws provide the broader guidance for 6 contents, including: the ownership, management, exploitation or utilization, protection, violation or sanction and international relation regarding to water. As mentioned in Article 1 of the Water resources Law, water resource is a property of all people and universally managed


40

by the state organization such as National Water Resource Committee-NWRC (Decision 67/2000/QĐ-TTG), Ministry of Natural Resources and Environment -MONRE (Decree No. 25/2008/ND-CP) and Department of Water Resource Management -DWRM (Decision 1035/2008/QĐ-BTNMT).

Especially, the Government has issued the Decree No. 120/2008/ND-CP on river basin management which aimed to protect water environment, cope with water environmental incidents, regulate and distribute water sector, etc. Later, the Prime Minister established the Major River Basin Commission to supervise and coordinator the implementation water resources protection programs (Article 30).

In addition, the legal framework has been comprehensive completed with Decree No 149/2004/NĐ-CP 16 , Circular No. 05/2005/TT-BTNMT 17 , Decree No.34/2005/NĐ-CP 18 , Decree No. 67/2003/NĐ-C19 (which was amended and modified by Decree No. 04/2007/NĐ-CP and Decree No. 26/2010/NĐ-CP later), Decree No. 88/2007/NĐ-CP 20 and Circular 09/2009/TT-BXD . Furthermore, the Government has approved the national strategy of water resource toward to 2020 via the Decision No. 81/2006/QĐ-TTg dated April 13th of 2006.

Several national technical regulations on water also should be applied for environmental assessment of those sub-projects such as:

Water Environment standards

• QCVN 01:2008/BYT – National technical regulations on quality of drinking water

• QCVN 02:2009/BYT _ National technical regulations on clean water approved by Ministry of Health Portal

• QCVN 08:2008/BTNMT – National technical regulations on quality of surface water

• QCVN 09:2008/BTNMT –National technical regulations on quality of groundwater

• QCVN 10:2008/BTNMT – National technical regulations on quality of about coastal water

• QCVN 14:2008/BTNMT – National technical regulations on quality of domestic wastewater

• QCVN 40:2011/BTNMT - National technical regulation on industrial wastewater.

• TCVN 5502:2003 – Supplied water – Requirements for quality

• TCVN 6773:2000 – Water quality – Water quality for irrigational purposes

• TCVN 6774:2000 –Water quality – Water quality for aquaculture protection

16 Decree No. 149/2004/NĐ-CP on licensing of exploration, exploitation and use of water resources, discharge of wastewater into water sources 17 Circular No. 05/2005/TT-BTNMT guiding Decree No. 34/2005/ND-CP dated 17/3/2005 on implementation guiding the sanctioning of administrative violations in the field of water resources. 18 Decree No.34/2005/NĐ-CP dated March 3rd of 2005 on administrative penalties on law violations on water resources. 19 Decree No. 67/2003/ND-CP on environmental protection fee on waste water. 20 Decree No. 88/2007 ND-CP on drainage of urban and industrial parks.


41

• TCVN 7222:2002 – Water quality – Water quality for concentrated domestic WWTP

• TCVN 5298-1995 _ General requirements of wastewater and its sediment for irrigation and fertilization

• QCVN 01:2008/BTNMT_ National technical regulation on industrial wastewater of natural rubber processing.

• QCVN 11:2008/BTNMT _ National technical regulation on industrial wastewater of aquatic production treatment.

• QCVN 12:2008/BTNMT _ National technical regulation on industrial wastewater of pulp and paper industry.

• QCVN 13:2008/BTNMT _ National technical regulation on industrial wastewater of textile industry.

• QCVN 25:2009/BTNMT – National technical regulation on wastewater of landfills.

• TCVN 7222: 2002 - General requirements on centralized wastewater treatment plant;

* Emissions and air quality

Article 7 of the Environmental Protection Law prohibits the acts of emitting smoke, dust or gases with toxic substances or odor into the air; dispensing radiation, radioactivity and ionized substances at levels in excess of permitted environmental standards. The Emissions Standards Regulations define the pollutant thresholds as well as main air-quality parameters such as QCVN 19: 2009/BTNMT, QCVN 20: 2009/BTNMT, QCVN 21: 2009/BTNMT, QCVN 22: 2009/BTNMT, QCVN 23: 2009/BTNMT..

Air environment and noise standards

• QCVN 02:2008/BTNMT – National technical regulations for air pollutants of medical waste incinerator

• QCVN 05:2009/BTNMT – National technical regulation on ambient air quality

• QCVN 06:2008/BTNMT – Air quality – Maximum allowable concentration of hazardous substances in the ambient air

• QCVN 20:2009/BTNMT – Air quality – Industrial emission of some organic substances.

• QCVN 19:2009/BTNMT _ Air quality – Maximum allowable concentration of of dust and inorganic substances.

• QCVN 21:2009/BTNMT – Emission of chemical fertilizer production.

• QCVN 22:2009/BTNMT – Emission of cement production.

• QCVN 23:2009/BTNMT _ Emission of thermal-electricity.

• TCVN 6438:2001 – Road vehicles – Maximum permitted emission limits of exhausted gases

Noise management standards

• QCVN 26:2010/BTNMT – National technical regulations on Noise

• QCVN 27:2010/BTNMT – National technical regulations on Vibration


42

• TCVN 5949:1998 _ Acoustics – Noise in public areas and residents - the maximum allowable noise level

• TCVN6962:2001 _ Vibration and shaking: Vibration caused by construction and industrial production activities – maximum permitted level for environment in public places and residential areas.

* Solid waste

A series of Directives/Decisions have been issued on solid waste management in urban and Industrial parks since 1997, including: Directive No. 199/T 21 , Circular No.1590/1997/TTLT/BKHCNMT-BXD22, Decree No. 36/CP23, Decision No. 152/1999/QD-TTg24, Decision No.1440/QD-TTg25, Decision No. 2149/QD-TTg26, etc.

The Environmental Protection Law in 2005 defines wastes as materials that take solid, liquid, gaseous, or other forms, are discharged from production, service, daily life or other activities. With reference to Decree No. 59/2007/NĐ-CP27 and Decree 174/2007/NĐ-CP28 on solid waste management, solid waste is the waste in solid forms, discharged from production, service, daily life or other activities, including non-hazardous and hazardous waste. The Prime Minister has approved the national strategy on integrated management of solid waste until 2025 toward 2050. The objective of this strategy stated that toward 2025 all kinds of solid waste generated are collected, reused, recycled and disposed via eco-friendly advanced technologies which consistent with the actual condition of each province as well as the volume of solid waste buried in the landfill will be minimized. Furthermore, the incentive and subsidy policies for investment on solid waste management has approved by Minister of Finance via Circular No. 121/2008/TT-BTC, which encouraged enterprises to change their behavior of production and conventional technology and apply cleaner production.

Solid waste management standards

• QCVN 15:2008/BTNMT: National technical regulation on the pesticide residues in the soils;

• QCVN 03:2008/BTNMT: National technical regulation on the allowable limits of heavy metals in the soils;

21 Directive No. 199/TTg of the Prime Minister, dated 4/3/1997 on urgent measures in the solid waste management in urban and industrial parks 22 Circular No.1590/1997/TTLT/BKHCNMT-BXD of the Ministry of Science, Technology and Environment, Ministry of Construction 17/10/1999 on Guiding the implementation of Directive No. 199/TTG. 23 Decree No. 36/CP of The Prime Minister dated 24/04/1997 Issuing Regulations on industrial zones and export processing zones, and high-technology parks 24 Decision No. 152/1999/QD-TTg of the Prime Minister dated 7/10/1999 On the Approval of about solid waste management strategies in urban areas and industrial zones Toward 2020.

25 Decision of the Prime Minister 1440/QD-TTg dated 6/10/2008 on approved planning for building the solid waste disposal in three key economic regions, the North, the Central and the South toward 2020.

26 Decision of the Prime Minister 2149/QD-TTg dated 27/12/2009 on appraisal of "National Strategy for integrated management of solid waste by 2025 and toward 2050".

27 Decree No. 59/2007/NĐ-CP dated 09/04/2007 on solid waste management 28 Decree No. 174/2007/NĐ-CP dated 29/11/2007 on environmental fee for solid waste management


43

• TCVN 6696:2000 – Solid waste – Sanitary landfill. General requirements for environmental protection.

• QCVN 25:2009/BTNMT – National technical regulations on leachate of sanitary landfill

* Hazardous substances/ matters

MONRE has issued a list of hazardous waste as mentioned Circular No.12/2011/TT-BTNMT on regulation of Hazardous Waste Management on April 14th of 2011. In some provinces, local authorities also issued detailed guidance for distinguishing between hazardous and non-hazardous waste. According to Vietnamese regulations, industries generating hazardous waste have to register for hazardous waste management.

- Decree No. 104/2009/ND– CP on November 09th of 2009 regulating the list of hazardous components and their transportation vehicles.

- Decree 31/2007/ND-CP on March 02th of 2007 of Prime Minister on administrative penalties on hazardous chemical management.

- Circular No. 12/2011/TT-BTNMT on hazardous substance management.

Hazardous waste management standards

• QCVN 07:2009/BTNMT – National technical regulations for classification of hazardous wastes

• TCVN 6707:2009 – Hazardous waste-Warning signs

• TCVN 5507:2002 – Hazardous chemicals - Safety rules in production, trading, use, preservation and transportation

* Chemical control

Chemical Law29 issued in 2008, Circular No.2830 issued in 2010 and Decree No.10831 were the main guidance for chemical control in industries. Decree No.6832 for chemical safety, Decree No.9033 and No.3534 on administrative penalties for chemical management are the key principles for industries when applying chemicals.

* Labor and Safety

- Law on Protection of People's Health promulgated in 1989

- Law on fire prevention and protection (27/2001/QH10) promulgated in 2001

- Labor Law (No. 35/L-CTN) promulgated in 1994, revised 2002, 2006 and 2007.

29 Chemical Law issued on 27/11/2007 and Decree No.108/2008/NĐ-CP dated 07/10/2008 providing guidelines for implementing some articles of Chemical Law. 30 Circular No.28/2010/TT-BCT dated 28/6/2010 of Ministry of Commercial providing guidelines for implementing some articles of Chemical Law. 31 Decree No. 108/2008/ND – CP on October 7th of 2000 detailing and guiding the implementation of some articles of Chemical Law.

32 Decree No.68/2005/NĐ-CP dated 20/05/2005 on chemical safety 33 Decree No.90/2009/NĐ-CP dated 20/10/2009 on administrative penalties for chemical operation 34 Decree No.31/2007/NĐ-CP dated 02/03/2007 on administrative penalties for hazardous chemical management


44

- Decree No. 113/2004/ND-CP on April 16th of 2004 of Prime Minister on penalization for administrative violations in the field of labor legislation.

- Decree No. 163/2004/ND-CP on September 7th of 2004 of prime minister detailing the implementation of a number of articles of the ordinance on food hygiene and safety.

- Decree No. 45/2005/ND-CP on April 6th of 2005 of Prime Minister regulating sanctions on administrative violations in health domain.

- Decree No. 135/2007/ND-CP on August 16th of 2007 of Prime Minister providing for the sanctioning of administrative violations in the social insurance domain.

- Decree No. 06/CP on January 20th of 1995 of Prime Minister on regulating detailing some articles of Labor Code on labor safety, hygiene and health. (Revised and amended by Decree No. 110/2002/NĐ-CP).

- Decree No. 35/2003/ND-CP on April 4 of 2003 of Prime Minister detailing the implementation of a number of articles of the law on fire prevention and fighting.

- Decree No. 47/2010/ND-CP on May 6th of 2010 of Prime Minister on administrative sanctioning of violations of the Labor Law.

- Circular No 23/2003/TT-BLDTBXH on November 3rd of 2003 of Ministry of Labor, Invalids and Social Affairs regulating and providing guidance on application and appraisal procedures of machinery, equipment, materials, and substances with strict occupational safety, hygiene and health requirements.

- The Joint Circular No. 10/1999 guiding the implementation of the regime of allowances in kind to employees exposed to dangerous and hazardous working conditions (amended by The Joint Circular No. No. 10/2006 TTLT-BLDTBXH –BYT).

3.1.2 At Provincial level

At the provincial level, many legal documents, programs and plans have been developed and implemented in the period of 2006-2010 such as: Provincial policies and regulations on Environmental Protection, annual action plans of environmental protection, and 5 -year plans of environmental monitoring networks, etc.

Table 3.1 Examples of Provincial Legislative documents on environmental management in

industrial parks and environment quality monitoring

No. Name of documents Issued date Contents

HA NAM PROVINCE

1 Decision No.1154/QD-UB 28/10/2002

To establish the Management Board of Ha Nam Industrial Park

2 Decision 15/2008/QD-UBND 20/08/2008

The authorization for the industrial zones authority does some tasks of state management in the areas of construction, environmental protection and labor.

3 Decision No. 659/QD-UBND 6/10/2008

Regulating functions, tasks, powers and organizational apparatus of the industrial zones authority of Ha Nam's industrial zones.

4 Decision No.1371/QD-UBND 7/11/2008

To establish the implementation of the planning in the period of industrialization and modernization


45


5

33/2009/QD-UBND 4/12/2009 Promulgate solid waste and wastewater management regime in Ha Nam province

6 Decision No.28/2009/QD-UBND 29/09/2009

On approval of action plan to control environmental pollution in Ha Nam in 2010 - 2015.

7

1121/2010/QĐ-UBND 12/10/2010 Approve Environmental Protection Plan in the period from 2010 to 2015

NAM DINH PROVINCE

1 22/2006/CT-UBND 19/10/2006 PPC’s direction on Law on implementation of Law on Environmental Protection in the area of Nam Dinh province

2 3166/2006/ QĐ-UBND 24/12/2006 About the revision of some administrative procedures under the competence of Nam Dinh Department of Construction

3 8/ 2008/QĐ-UBND 21/05/2008 Incentive regime and policy to encourage infrastructure investment and production development in IZs of Nam Dinh province.

4 Decision of PC 20/8/2008 Authorize provincial IZA to appraise EIA report of investment projects of IZs in the province

5 453/HD-STNMT 18/5/2011 Guidelines on environmental protection fee collection of industrial wastewater in Nam Dinh province

6 1438/QD-UBND 23/8/2011 About the termination, revision, addition and promulgation of some administrative act under the competence of DONRE

7 04/2011/QĐ-UBND 22/3/2011 About the authorization, decentralized management, organization of some sectors in Nam Dinh province

DONG NAI PROVINCE

1

Decision 33/2008/QD-UBND 9/06/2008

Promulgated regulations on environmental protection in the use of energy from coal, wood magazine in Dong Nai Province

Decree No. 29/2008/ND-CP 14/03/2008

Government regulations on industrial zones, export processing zones and economic zones; Based Decision 1302/1998/QD-UBT issued the Regulation on organization and operation of the Management Board of industrial zones issued by Dong Nai People's Committee

Decision No. 03/2009/QD-UBND 2/4/2009

Fee of ambient air monitoring in and around surface water in Dong Nai province.

Decision 56/2009/QD-UBND 8/12/2009

Issuing environmental monitoring in soil, groundwater and industrial emissions in Dong Nai Province

13/2010/QD-UBND 10/3/2010 Collection environmental protection fee with solid waste in Dong Nai province

3 Directive 04/CT-UBND 11/3/2010

to regulate the classification, collection, transportation and treatment or disposal of solid waste and hazardous waste in industrial parks, industrial clusters


46


4 Decision 29/2010/QD-UBND 19/05/2010

To promulgate regulations to coordinate state management of industrial clusters in Dong Nai Province

5 Decision 16/2010/QD-UBND 19/03/2010

To divide the area which its capacity is appropriate for receiving sewage and industry discharge in Dong Nai province

6 Decision 33/2011/QD-UBND 12/5/2011

Amending Decision 81/2008/QD-UBND regulatory industrial parks ranked by the Committee of Dong Nai Province

8 Directive 18/CT-UBND 21/06/2011

To further strengthen the management of common solid waste, hazardous in the province of Dong Nai

10 Decision 16/2010/QD-UBND 13/4/2010

partition of the environment that receives sewage and industrial emissions in Dong Nai Province

11

12 Decision No. 14/2011/QD-UBND 14/06/2011

Fee of environmental monitoring in Dong Nai Province.

13 Decision No. 55/2010/QD-UBND 13/09/2010

On promulgation of regulations to coordinate state management and industrial zones of Dong Nai province

BA RIA VUNG TAU 1 12/2006/CT-UBND 06/04/2006 Implement Law on Environmental Protection 2005 in BRVT

province

2 4523/QĐ-UBND 15/12/2008 Approve list and schedule of remedies of environmental pollution of enterprises in IZ in BRVT province

3 12/2009/CT-UBND 18/03/2009 Improve the efficiency in Environmental Protection activities in BRVT province

4 6192/KH-UBND 28/09/2009 Environmental Protection plan in year 2010 and orientation for period from 2010 to 2015 in BRVT province

5 1192/QD-UB 24/4/2009 Authorization to head of IZA to conduct State Management mission in IZ under Provincial competence

6 09/2010/QD-UBND 08/03/2011 Promulgate Environmental Protection regulation in IZs in BRVT provinces

7 1482/QD-UBND 15/06/2010 Approve Environmental Protection Scheme in Dong Nai River basin in BRVT province in year 2010 and orientation by year 2020

8 2655/QD-UBND 21/10/2010 Authorize the signature for establish EIA report appraisal Committee for projects outside IZs and environmental remedies in mineral exploitation project

9 3291/QD-UBND 14/12/2010 Establish Project Managing Unit of the project environment Protection in Dong Nai River Basin in BRVT province

10 660/QD-UBND 13/3/2009 Establish BRVT IZA’s inspectorate


47


11 1269/QD-UB 4/5/2009 Add function to BRVT IZA’s inspectorate

12 79/2009/QD-UBND 15/12/2009 Approve planning network, environmental monitoring program in BRVT by year 2020.

3.2 EIA REQUIREMENTS IN VIETNAM FOR IZS AND CETPs

The most important Vietnamese legislation related to EIA requirements for IZs and CETPs are the following:

- Environmental protection law, water law, chemical law, labor law, biodiversity law, and law of Standard and Technical regulations, etc.

- Decree No.29/20011/ND-CP and Circular 26/2011/TT-BTNMT about guidance of ESA and EIA preparation

- Circular of 48/2011-BTNMT and Circular 08/2009-BTNMT of MONRE about management regulations and environmental protection of economic zones, high-tech industrial zone, industrial zones and industrial clusters.

- Decree 88/2007/ND-CP and Circular No.9/2009/TT-BXD about water drainage in urban area and industrial zones

- Circular No.40/2011 of MONRE about National Technical Regulation on industrial wastewater (QCVN 40:2011, appendix 1)

- Decree No.59/2007/NĐ-CP on solid waste management and Circular 12/2011/TT-BTNMT of MONRE on hazardous waste management.

3.3 INSTITUTIONAL FRAMEWORK FOR INDUSTRIAL POLLUTION CONTROL

3.3.1 Responsibilities for Environmental Protection

Responsibilities of IZs on environmental protection are explained in Box 1.

Box 1. Responsibilities on Environmental Protection of Infrastructure development companies and enterprises in IZs (Circular No. 08/2009/TT-BTNMT and Circular No.49/2011/TT-BTNMT) Article 12. Management Board of Economic zone, high-tech IZ, IZ and industrial cluster Only receive industrial types listed in approved EIA. Give priority to advanced technology, less pollution, environmental friendly technology. Not receive back-ward technology, less efficiency and produce more waste and hazardous waste. Article 14. Production, business and service project owners Develop and submit EIA report following the Decree No.29/2011 to authorities for approval or written Environmental Protection commitment for identification Comply with issues in EIA report approval decision or approved written environmental protection. Submit written report to EIA report approval authority or written Environmental Protection identification authority on the plan of environmental protection practices, self-monitoring plan in the period of construction so that these authority could supervise and examine.


48

Sign written agreement or economic contract with infrastructure developer on the condition of discharging wastewater into CETP except some cases of separated treatment. Wastewater must be discharged directly into CETP under the supervision of infrastructure developers. Guarantee the comfort of sample collection and water flow measurement at the output of enterprise’s preliminary wastewater treatment system Article 15. Infrastructure developers - Supervise waste discharging activities of production, business and service facilities into CETP in accordance with the signed contract. - Install wastewater flow meter in production, business and service facilities to measure the wastewater volume discharged into CETP and guarantee that IZ wastewater treatment works, solid waste collection, temporary storage and treatment facilities are working properly. Ensure rate of green space. Article 21. Reporting on environmental protection IZA has responsibilities on frequently inspection and gathering the information from IDC to prepare the environmental protection report of IZ to submit to VEA and DONRE. IDC has to prepare environmental monitoring report following the instruction in approved EIA and submit to IZA and DONRE

3.3.2 Responsibilities on wastewater


49

3.3.3 Responsibilities on solid waste and hazardous waste management

Box 2. Issues related to wastewater management in IZs stipulated in circular No. 08/2009/TT-BTNMT and Circular No.49/2011/TT-BTNMT Article 6. (4). Economic zones, high-tech zones, IZs and industrial clusters shall have CETP. Centralized wastewater treatment could be divided into a number of modules however the total capacity must be sufficient to treat the total wastewater generated to meet national technical regulations on environment when these areas are filled. CETP must design the auto-monitoring system for the effluents with the parameters being flow, pH, COD, TSS and other particular parameter in the waste water of economic zones, high-tech zones, IZs and industrial clusters according to the requests stated in EIA report approval Decision. The auto-monitoring has to ensure to transfer online-data to State Environment management organization. Article 9 (4) About wastewater treatment a) The CETP must be constructed according to the approved schedule and design in the project, ensuring to be put into operation before production, business and service investment projects in economic zones, high-tech zones, IZs and industrial clusters being put into operation;. b) Construction progress of CETP or other module of the plant must fit the progress of filling investment project into economic zones, high-tech zones, IZs and industrial clusters; c) Water flow meter shall be installed in the output of the CETP; d) Trial operation shall be planned in CETP in economic zones, high-tech zones, IZs and industrial clusters and other wastewater treatment work of the other facilities in IZs to submit to EIA approval organization, IZA and other relevant authorities before being put into operation. Written report on the implementation of EMP mentioned in EIA report must be submitted to report approval authority and the work shall only be put into operation when a written confirmation from this authority is announced. Article 15. Responsibilities of construction investment owner and infrastructure developer 1. Supervise waste discharge activities of production, business and service facilities into CETP to comply with signed contract. 2. Install wastewater flow meter of production, business and service facilities into CETP and ensure wastewater facilities and collection and segregation works store the waste temporarily and treat solid waste from economic zones, high-tech zones, IZs and industrial clusters that are operating properly. Article 17. Environmental protection in Economic zones, high-tech zones, IZs and industrial clusters 3. Wastewater from economic zones, high-tech zones, IZs and industrial clusters must have pretreatment before being discharged into CETP. Construction investment owner and infrastructure developer in economic zones, high-tech zones, IZs and industrial clusters will determine required quality of wastewater of production, business and service facilities to be discharged into CETP. 5. Production, business and service facilities in economic zones, high-tech zones, IZs and industrial clusters shall submit wastewater fee according to the regulations.

Box 3. Responsibilities on waste water drainage and waste water discharge reports of IZs (Circular No. 09/2009/TT-BXD and Decree No. 88/2007/TT-BXD)

Article 8. Fee of wastewater discharge - Fee of wastewater discharge is fee applied for households/units discharge wastewater into drainage system of urban and IZs. - Household/units pay for fee of wastewater discharge will not have to pay for environmental protection fee for wastewater (issued by Decree 67/2003/ND-CP and Decree 04/2007/ND-CP).


50

Box 4. Solid waste and hazardous waste management in IZs (Circular No. 08/2009/TT-BTNMT and Circular No. 48/2011/TT-BTNMT)

Article 18. 2. Solid waste of IZs has to be collected 100% and sorted out as domestic waste, industrial waste,

hazardous waste and hospital waste. 4. Waste collection and classification should follow the Decree No.59/2007 ND-CP and Circular

No.12/2011/TT-BTNMT. 5. Sludge from CETPs and sewage system in IZs has to be collected, transferred by specific truck

to solid waste treatment areas to treat properly as required by existing regulations. In case of non-toxic sludge, they could be treated as normal waste or re-used.

7. Production, business and service enterprises have to submit the environmental protection fee for solid waste as issued by Decree 174/2007/ND-CP.


51

3.3.4 Responsibilities for environmental inspection

The most recent Circular No. 26/2011/TT-BTNMT stipulates several issues related to inspection of development and operation of CETP and other environmental protection works inside IZs. Establishment of inspection teams, inspection objectives, procedure, dossiers are stipulated as follow:

Box 5. Solid waste and hazardous waste management in IZs (Circular No. 12/2011/TT-BTNMT)

Article 5. Hazardous waste classification

1. Hazardous waste classification should follow appendix 8 of Circular 12/2011/TT-BTNMT and QCVN 07:2009/BTNMT

HZ code Name of hazardous waste EC code Status Hazardous

12 06 Waste from waste water treatment... 19 08

12 06 01 Ion exchange resin after ung 19 08 06 Solid **

12 06 02 Liquid and sludge generated from recycling exchange resin

19 08 07 Liquid/sludge **

12 06 03 Waste from membrane containing heavy metal 19 08 08 Solid **

12 06 04 Oil/grease mixture which are toxic and collected from oil separation tank

19 08 10 Liquid **

12 06 05 Sludge containing hazardous material from biological treatment of industrial waste water

19 08 11 Sludge *

12 06 06 Sludge containing hazardous material from other treatment process of industrial waste water

19 08 13 Sludge *

Note: *: hazardous if exceeding the permitted concentrations according to QCVN 07/2009/TT-BTNMT;

**: hazardous waste.

2 Principles of hazardous waste classification include:

a) Define as hazardous waste based on criteria of hazardous waste

b) Waste mixture is classified as hazardous waste if they content at least one hazardous waste.

Article 15 & 16. Registration as hazardous waste owner...

a) need to re-register if change, create new hazardous waste or increase of 15% registered amount;

Article 25. Responsibilities of hazardous waste owner

1. Register as hazardous waste owner….The registration will not be obligation when:

- Hazardous waste owner operates his business less than 1 year

- Create less than 120 kg/year of hazardous waste which exceeding permitted concentrations in QCVN 07/2009/TT-BTNMT or 600 kg/year for other hazardous components.

Article 26. Responsibilities of hazardous waste treatment organization

Hazardous waste treatment organization can only sign the contract of transportation and treatment with hazardous waste owner in their operating areas which are stated in their license.


52

Article 36. Inspection of the implementation of environmental protection practice in the

period of preparation for investment and period of construction of the project.

Article 37. Trial operation of waste treatment system,

Article 39. Inspect and identify the implementation of environmental protection works

and practice in the period of project operation.

Environmental inspection regulations are shown in Figure 3.1, which include 2 forms (1) regular inspection and (2) irregular inspection:

(1) Regular environmental protection inspection

Routine inspection of environmental protection activities is hosted by DONRE in coordination with IZA urging the enterprise to implement environmental protection practices of wastewater treatment system, wastewater discharge system and sanctioning of illegal wastewater discharge activities.

Every year, specialized inspectorate under MONRE also coordinate with localities to develop environmental inspection plan of different subject, including IZs.

VEA also has specialized inspection body under the Administration and conduct independent inspection activities following the procedures stipulated in Law on Inspection.

(2) Irregular inspection

Irregular inspections are conducted by the Environmental Police in coordination with IZA for spotting illegal wastewater discharge activities. Inspection needs can also be based on public complaints or comments.

Figure 3.1 Procedure for environmental protection inspection activities in IZs

Source: CS1-3 consultant team


53

3.3.5 Responsibilities for EIAs and post-EIA monitoring

Following Vietnamese regulations on EIA, creation of industrial zones has required for at least a decade the preparation of an EIA. MONRE’s approval of the EIA is a precondition for the IZ to receive an operating license. IZ EIAs cover the impacts of a CETP when the details of the CEPT construction are known. If some cases in past years, when an IZ was created, there were as yet no concrete plans for CETP construction. In the context of an EIA for an IZ, the CETP has often been reasonably considered as a mitigation measure of impacts rather than as a source of impacts per se. Following the guidance of Decree No.29/2011- BTNMT, as of mid-2011, the approval and construction of a new CETP now requires a separate EIA, only for the CETP, and additional to the IZ EIA. As for older IZs, a CETP discharge plan is still needed before approval of the CETP license. The Wastewater Discharge Report (WDR) is prepared before commissioning a CETP to get the wastewater discharge license from the Vietnamese Government and to ensure that CETP performance meets the effluent standards and their discharge will not damage the aquatic environment. The discharge license is granted for up to 5 years and can be extended for 3 years, after which CETPs need to apply for a new discharge license. The Environmental Quality Monitoring report (EQM) is required to be submitted to DONRE every 6 months at least to report all environmental quality monitoring data to ensure the performance of CETPs and standard compliance.

3.4 INSTITUTIONAL ARRANGEMENTS FOR ENVIRONMENTAL

MANAGEMENT FOR INDUSTRIAL ZONES AND CETPS

Figure 3.2 in this section defines the national organizations involved in industrial sector, environmental management, agencies in charge of application, enforcement, monitoring and supervision of standard compliance on environment.

3.4.1 Institutional Arrangement for Industrial Environmental Management

• National Institutions

Since 2002, the administrative structure of environmental management has been strengthened through establishment of Ministry of Natural Resources and Environment (MONRE) as the central environmental organization within the national government (the resolution No.02/2002/QH11 approved by National Assembly). Later, under MONRE three functional units of state environmental management have been established such as Environmental Protection Administrative, Department of Natural Resources and Environment, and Department for Evaluation and Assessment of Environmental Impact which have directly link to VIPMP.


54

On September 30th, 2008, the Prime Minister approved the establishment of the Vietnam

Environment Administration (VEA) via the Decision No. 132/2008/QĐ-TTg. VEA is a subsidiary body under MONRE to advise and assist the Minister of the MONRE in the field of environment management and to provide public services in compliance with the laws. Function, role, responsibility and right of VEA were described based on Decree No.25/2008, Decree No.19/2010/NĐ-CP and Decree No. 89/2010/NĐ-CP. Accordingly, VEA has been assigned with the following prime missions:

− Developing and submitting to relevant authorities for promulgation of laws and regulations, policies, strategies, plans, national target plans, programs and projects on environment;

− Organizing implementation of preventive measures in order to prevent, mitigate and respond to environmental contamination caused by environmental accidents;

− Controlling environmental quality in urban, rural and mountainous areas, river basins and coastal zones; industrial areas, etc. Controlling trans-boundary environmental pollutions;

− Assessing and appraisal of reports of strategic environmental assessment, environmental impact assessment, integrated environmental impact assessment, trans-boundary environmental impact assessment, environment protection commitment; providing guidance to examine, evaluate and appraise equipment, environmental treatment facilities before operation;

− Managing waste, promoting environment quality; protecting environment in river basins and coastal zones and handling environmental pollution hot-spots;

− Implementing nationwide survey, inventory, monitoring, the assessment of biodiversity; assessing trans-provincial or trans-boundary degraded ecosystems and proposing measures to conserve, rehabilitate and maintain sustainable use of biological resources.

− Inspecting, examining and handling of violations of environmental laws.

− Implementing international co-operation environmental programs and projects. Performing functions of the focal points to international conventions on: biodiversity, bio-safety, wetlands of international importance; controlling the trans-boundary movement of hazardous wastes, persistent organic pollutants, etc.

− Studying and applying scientific and technological advancements in environmental protection; developing and implementing target environmental projects applying scientific and technological measures; researching and advancing the science on environmental management.

− Developing the master plans for national environmental monitoring network; developing and managing national environmental data, environmental statistics; formulating environmental status reports.


55

− Providing consultancy services on environmental protection; studying, implementing and transferring environmental technologies; carrying out environmental public services.

− Establishing, managing, utilizing, and developing environmental database, data and environmental information system.

− Coordinating with mass media to perform environmental propaganda programs; developing and disseminating printed matters for environmental propaganda; organizing Vietnam environmental competitions and prizes.

In order to undertake the above missions associated with industrial pollution controls as described above and the specific tasks and duties are designated, VEA has 6 organizations as follows (Figure 3.2):

- Pollution Control Department (PCD)

- Department of EIA Appraisal (EIA Dept./VEA)

- Waste Management and Environment Quality Promotion Agency (WEPA)

- Centre for Environment Monitoring (CEM)

- Centre for Public Awareness Raising and Training on Environment (CPARTE)

- Environment Inspectorate (EI)

The Ministry of Planning and Investment (MPI) is the lead agency in charge of developing economic plans, preparing national investment plans, and determining external assistance requirements. Moreover, it is the agency in charge of approving foreign investment projects through a formal review of investment document including environmental issues.

Department of Economic Zone Management (DEZM) was established under Ministry of Planning and Investment under the Decision No. 497/QD-BKH issued on 14 April 2009 by the Minister to undertake following duties and powers in relation to the management of industrial parks and export product processing zones:

− Taking part in the process of planning and plan formulation for the nationwide development of economic zones to submit to Prime Minister for his approval and providing the guidelines for the implementation of the approved planning and plans; presiding over the revision of approved planning and plans;

− Coordinating the studies and researches to suggest good models of economic zones, management mechanisms and international cooperation in related fields; formulating legal documents in relation to the development and operation of economic zones;

− Developing the list of investment project proposals and promoting such investments;

− Taking part in the process of appraisal on master plans of economic zone development and relevant sectors or regional planning;


56

− Providing guidelines, co-ordination, monitoring, inspection and supervision over the management of economic zones and solving rising problems; evaluating the operation of economic zones, the enterprises and investment project license granting and implementation in economic zones;

− Acting as coordinator to monitor, evaluate the quality of state administration activities performed by Management Boards of Economic Zones nationwide.

The Ministry of Industry and Trade (MOIT) has two organization related to environmental and industry. The Agency for Industrial Promotion (AIP) was established under the Decision No.6193/QD-BCT issued on 24 November 2008 to undertake the following duties and powers in relation to the management of industrial parks and clusters.

− Preparation of comprehensive plans and planning on the development of the industrial parks and clusters administered by local level to submit to Prime Minister for his official approval;

− Presiding over the appraisal of investment projects on the development of industrial parks and clusters administered by local level and their infrastructure

− Providing guidelines, supervision and checking over the implementation of investments projects in industrial parks and clusters administered by local level

The Industrial Safety Techniques and Environment Agency (ISEA) was established under the Decision No.0788/QD-BCT issued on 30 January 2008 to aim at performing the function of State management over safety techniques, environmental protection in industry and trade, including the fields and sectors of mechanics, metallurgy, electricity, new energy, renewable energy, petroleum and gas, chemicals, industrial explosive materials, mining industry, mineral processing industry, consumer goods industry, food industry and other processing industries provided by laws. Accordingly, ISEA is assigned to undertake following environment related duties and powers:

− Draft and submit legal documents, mechanisms, policies, standards, codes, and regulations on safety techniques and environmental protection in industry and trade to the Minister or relevant state agencies for promulgation.

− Relating environmental protection:

a) Develop and organize the implementation of programs, planning, plans, projects, and proposals of environmental protection in industry and trade; participate in appraising general reports surveying and assessing strategies, planning, and plans of appropriate exploitation and use of natural resources and environmental protection within the management scope of Ministry of Industry and Trade;

b) Direct, guide, manage and control wastes, noise, vibration levels, lighting, environmental incident reaction and prevention, environmental pollution repairing, environment restoration; provide information and reports of environment actual situation in accordance with laws;

c) Organize appraisal and submit to the Minister for approval of strategic environmental assessment reports, environmental impact assessment reports;


57

d) Preside over or participate and cooperate in implementation of international cooperation projects related to environmental protection in industry and trade;

đ) Take the lead in coordinating units or agencies under related Ministries and bodies for guiding implementation of environmental protection requirements in importation and transit of goods and waste materials;

e) Guide and organize implementation of environmental monitoring; collect statistics and manage the environmental database system in the sector that supports state management tasks of the Ministry;

g) Take the lead in managing the environmental protection network in agencies and businesses within the management scope of the Ministry.

In order to undertake the above duties and powers, 4 following organization were established under ISEA to assist and advice the Head of ISEA (Figure 3.3):

- Department of EIA (EIA Dept./ISEA)

- Department of Environment Management (DEM)

- Centre for Industrial Environment Monitoring and Technology Development (CIEMTD)

- Training Centre for Industrial Environment (TCIE)

Ministry of Public Security's Environmental Crime Prevention and Fighting established the Environmental Police Department (EPD). MONRE will provide the environmental violations of businesses to Police Department and they will work with environmental inspectors to detect and monitor environmental violations. The first mission of the new police force is researching and completing legal documents related to the environment. When it was first launched in 2007, the Department of Environmental Police was expected to minimize pollution in Vietnam. In particular, Environmental Police Department was established under Decision 1899/2006/QD-BCA on November 29th of 2006 by the Minister of Public Security, has functions to implement policies, plans, measures to prevent and fighting crime and violations on environmental protection and food safety, prevention of spreading disease prescribed by law and the Minister of Public Security.

• Provincial Institutions

Based on the implementation of Decree 81/2007/ND-CP35 , the Ministries have to set up Provincial Institutions such as organization, professional unit for environmental protection in state owned institutions and enterprises and Government Office. Many co-operations, Industrial zones Authorities, local authorities and enterprises have also established bureaus, departments or offices responsible for environmental protection and management.

In order to adopt the policy of encouraging industrial development in industrial zones, Viet

Nam industrial zones authority (VIZA) prepares, develops, and manages industrial zones nationally. Pursuant to Decision No.100/QĐ-TTg of the Prime Minister on August 17, 2000,

35 Decree No. 81/2007/NĐ-CP of Prime Minister on May 25th of 2007 to regulate organizations, technical unit on environmental protection in Government- related organizations.


58

the Industrial Zones Authorities (IZA) in provinces have been directly under the leadership of People’s Committees, except the Viet Nam industrial zones authorities which is controlled by The Ministry of Planning and Investment through Decision No 99/2000/QD-TTG, dated August 17th of 2000 issuing the reorganization of the Viet Nam industrial zones authorities. Later, MONRE issued the Circular 08/2009 and Circular of 48/2011 about management regulations and environmental protection of economic zones, high-tech industrial zone, industrial zones and industrial clusters. Of which, responsibility of IZA were stated clearly as following:

- Exercising state administration of environmental protection activities inside industrial parks/zones within the province (e.g. appraisal/approval of EIA reports and EPCs, environmental inspection, supervision of the compliance with environmental legislation by enterprises/facilities operating inside industrial parks)

- Conducting environmental monitoring regularly for industrial parks Besides, in term of environmental management, MONRE has regional department in most provinces, namely Department of Natural Resources and Environment (DONRE). The DONRE have a direct link to MONRE and Provincial People’s Committees. DONRE is playing the key role in public environmental management. DONRE is responsible for receiving and investigating the environmental monitoring reports and monitor the adherence of industries to environmental laws. DONRE has formal authority to review and comment on the environmental impact assessment. DONRE reviews environmental quality monitoring report and standard compliance of enterprise and creates blacklist of violating industries. DONRE has two important divisions: (i) Environmental Protection Agency (EPA) has functions of: - Presiding over the implementation of legal documents in the fields of environment protection within the province - Unified exercise of state administration of environmental protection activities within province (e.g. pollution prevention, control and combating, environment quality improvement, environmental accident control, preparedness and response, promotion of environmental friendly technology application, propagation of environmental policies and legislation, etc…) (ii) Division of Pollution Control and Environmental Monitoring (PCEM) has function of:

- Organizing the implementation of environmental monitoring activities, environmental surveys/investigations as designated by DONRE

- Coordinating with relevant authorities in the fields of environment inspection, environmental accident response

- Providing the services of EIA report preparation, environmental monitoring, environmental consultancy, environmental technology transfer - Participating in the process of EIA report appraisal

Provincial Environmental Police Department (PEPD) was established under the Decision No.1899/2006/QD-BCA issued on 29 November 2006 by Minister of Police to unify the


59

providing directions, guidelines for environmental police forces at all levels in prevention of and fighting against the environment criminal and environmentally legal violations.


60

Figure 3.2 Institutional Structure of Industrial Pollution Management in Vietnam

Note: CWRPI: Center of Water Resource Planning and Investigation DIT: Department of Industry and Trade DONRE: Department of Natural Resources and Environment DPI: Department of Planning and Investment EPA: Environmental Protection Agency IZA: Industrial Zone Authorities MIT: Ministry of Industry and Trade MONRE: Ministry of Natural Resources and Environment MPI: Ministry of Planning and Investment MPS: Ministry of Public Security PCEM: Pollution Control and Environmental Monitoring PEDP: Provincial Environmental Police Department VEA: Vietnam Environment Administration

Division on Management of Industrial Parks

Dept. of EIA (EIA Dep.) Dept. of Pollution Control (DPC) Waste Management and Environment Quality Promotion Agency (WEPA) Centre for Environment Monitoring (CEM) Centre for Public Awareness Raising and Training on Environment (CPARTE) Environment Inspection (EI)

GOVERNMENT

MPI MONRE MIT

Industrial Safety Techniques and Environment Agency

(ISEA)

Agency for Industry Promotion

(AIP)_

Dept. of EIA (EIA) Dept. of Environment Management (DEM) Centre for Industrial Environment Monitoring and Technology Development (CIEMTD) Training Centre for Industrial Environment (TCIE)

Vietnam Environment Administration (VEA)

Dept. of Economic Zone

Management (DEZM)

Provincial People’s

Committees

(PPC)

IZAs DONREs DITs

EPA PCEM WRM

NWRC

RBO

RBMB

CWRPI

MPS

Dept. of Environmental Police (EPD)

National level

Provincial level

PEPD

VIA


61

3.4.2 Integrated roles on industrial environmental management

Table 3.2 describes the allocation of competences, functions and tasks among relevant authorities on industrial pollution control in Vietnam.

Table 3.2 Allocation of industrial environmental management competencies, functions and

tasks among relevant authorities in Vietnam

Relevant Authorities

Performance steps of industrial environmental

management*

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)

CE

NT

RA

L L

EV

EL

MPI DEZM x x X X MoIT AIP x

ISEA EIA Dept. x x X X DEM x x CIEMTD x x TCIE x

MoNRE VEA DPC X x X EIA Dept. x x X X x x X WEPA X x X CEM X x x CPARTE x x EI x

MPS EPD x

PR

OV

INC

IAL

LE

VE

L

DPI x x x DoNRE EPA x x X x x x X

PCEM X x x IZAs x x x x x x X DITs x X PEPD x

Note: ‘x’ means to be involved in

* Steps necessary to undertake the function of industrial environmental prevention and control are: (i) Identifying installations and processes which require a permit/authorization to operate from the

viewpoint of environmental impacts (SEA/EIA/EPCs) (ii) Considering applications for permits/authorizations (iii) Consulting as required on applications (iv) Determining appropriate conditions (v) Issuing permits/authorizations for new and substantially changed operations (vi) Carrying out effective and appropriate inspections (vii) Recording information, including maintaining the public register, and notifying appropriate bodies (viii) Offering effective advice to process operators (ix) Monitoring and measuring pollutant emissions (x) Taking appropriate corrective actions

3.5 ENVIRONMENTAL SAFEGUARD POLICIES OF WORLD BANK

The World Bank's environmental and social safeguard policies are a cornerstone of its support to sustainable poverty reduction. The objective of these policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines for bank and borrower staffs in the identification, preparation, and implementation of programs and projects. Safeguard policies have often provided a platform for the participation of stakeholders in project design, and have been an important instrument for building ownership among local populations (World Bank, 2011).


62

Ten environmental and social safeguard policies applied for investment lending are: OP/BP 4.01- environmental assessment, OP/BP 4.04- natural habitats, OP/BP 4.09- pest management, OP/BP 4.10- Indigenous Peoples, OP/BP 4.11- physical cultural resources, OP/BP 4.12- involuntary resettlement, OP/BP 4.36 - forests, OP/BP 4.37- dam safety, OP/BP 7.50 - international water ways, and OP/BP 7.60 - disputed areas.

The safeguard policies require that environmental and social consequences should be recognized early in the project cycle and taken into account in project selection, site selection, planning and design. In so doing, adverse environmental and social impacts may be prevented, minimized, mitigated and/or compensated for; and positive impacts may be enhanced.

World Bank-financed projects should also take into account the World Bank Group Environmental, Health, and Safety Guidelines (known as the "EHS Guidelines")36. The EHS Guidelines are technical reference documents with general and industry-specific examples of Good International Industry Practice.

The EHS Guidelines contain the performance levels and measures that are normally acceptable to the World Bank Group and are generally considered to be achievable in new facilities at reasonable costs by existing technology. The environmental assessment process may recommend alternative (higher or lower) levels or measures, which, if acceptable to the World Bank, become project- or site-specific requirements.

When host country regulations differ from the levels and measures presented in the EHS Guidelines, projects are expected to achieve whichever is more stringent. If less stringent levels or measures are appropriate in view of specific project circumstances, a full and detailed justification for any proposed alternatives is needed as part of the site-specific environmental assessment. This justification should demonstrate that the choice for any alternate performance levels is protective of human health and the environment.

Of specific relevance for this project are the guidelines for wastewater and ambient water quality. Also of relevance are the guidelines for hazardous materials management and waste management (which specifically address the issue of sludge management from industrial facilities). In addition, the Guidelines include a section on Occupational Health and Safety guidelines, which are reflected in the ECOPs described later in this ESMF.

Where the EHS Guidelines recommend indicative values for treated discharges (e.g., suggested indicative values are provided for sanitary waste discharge for BOD, COD, pH, total nitrogen, total phosphorus, oil and grease, total suspended solids, and total coliform bacteria), Government of Vietnam standards that must be met by the effluent discharges of all the project-financed CEPTs are more stringent. The helpful general recommendations of the Guidelines have been followed in the elaboration of the ESMF and specific EMPs must also take into account the Guidelines.

3.6 COMPARISON BETWEEN ENVIRONMENTAL ASSESSMENT REQUIREMENTS OF WORLD BANK AND GOVERNMENT OF VIETNAM

This section focuses on comparison of environmental assessment requirements between World

36 The EHS Guidelines can be consulted at www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines.


63

Bank safeguard and Vietnamese Government's policies. Of specific relevance to the project, Environmental Assessment Safeguard Policy (OP/BP 4.01) is one of main issues in the project. In general, EIA requirement of Vietnam government is similar to safeguard policies of World Bank. However, the safeguard policies have more specific requirements on stakeholder/public consultation and more details than the requirements of the Vietnamese Government. Consistency between the EHS Guidelines and Government of Vietnam standards and regulations has been considered in the previous section. In all cases where the Guidelines recommend indicative standards, the corresponding GoV standard is more strict. It is noted that there exist some differences of requirement, procedure and appraisal organization for EIA between Decree No. 21/2008 issued on 28/2/2008 and new Decree No.29/2011 recently issued on 18/4/2011. Especially, the shift of responsibility on environmental assessment from IZA to People's Committees, and changes of the list of project required for conducting EIA. During our survey and interview with the sub-project IZAs we found that some agreed with new changes (e.g. DIZA) while others had not yet fully understood the changes.

Vietnam Industrial Pollution Management Social and Environmental Management Framework

64

Table 3.3 Comparison on requirements of EIA for CETPs in industrial zones

Issue

Vietnam principles WB safeguard

requirement

Proposed solutions applied for

VIPMP

Decree 21/2008/ND-CP Decree 29/2011/ND-CP OP 4.01 Environmental assessment for proposed CETP

- CETP in the industrial zone, high tech industrial park, industrial cluster did not need EIA

- all CETP need to conduct EIA

- Under the OP 4.01, a full EIA is required for all projects which are screened as Category A. This project is Category B, therefore, only EMP will be needed.

- No gaps or conflicts exist between Vietnam legislation and WB Safeguards requirements, an EIA should be prepared for CETP. - EIA consultants recommended by WB and MOPI will help the investors to prepare for EMP as WB guidance.

Public consultation - Not requirement due to locating in IZ

- Not requirement due to locating in IZ

- require consultation if there are affected people

- Only need 1 round of public consultancy and mainly focus on water users nearby water receiving bodies.

EIA appraisal organization

- Provincial Industrial zone management agency, who were assigned by People's Committees

- Provincial People's Committees via the EIA Committees (DONRE)

- WB environmental team before approve the project

- Depend on the Provincial decision, it could be DONRE or IZA

Information disclosure

- not specific requirement - require disclosure approved EIA and EMP in DONRE office and commune People’s Committees

- require disclosure EIA in WB office in Vietnam and Washington

- apply as WB's request

Environmental authority must provide an environmental permit for projects

- Environmental permit (e.g. approved EIA) will be issued by Industrial zones authority and the

- Environmental permit (e.g. approved EIA) will be issued by People's Committees.

- OP 4.01 requires the approval and disclosure of EIAs by the relevant government authority

- In both processes, the disclosure takes place before approval and therefore any raised concern is dealt with before project approval.


65

Issue


requirement


VIPMP

prior to construction appraisal

other relevant organizations.

Test and approval for environmental protection structures

- All environmental protection structure (as CETP) should be tested and approved before starting (for 25 days), wastewater discharge license will be needed

- CETPs will be checked before commission, discharge license will be needed

Effluent quality monitoring

Not specific - Online monitoring (based on Decree 29/2011 and Circular No. 26 /2011/TT-BTNMT)

Not require online monitoring

Following requirements of Vietnam government and decision of Provincial DONRE

National guidelines and standards exist for EIA and OHS

OHS legislation in place: - Law of Labor 1994 which modified in 2002, 2006, 2007 and Decree No. 47/2010/NĐ-CP on provisions of administrative sanctions for violations of labor law. - Labor Safety standard known as TCVN guidelines on the safety on chemicals, production, mechanicals, labor safety device,

EIA legislation (chapter 3) OHS legislation in place: - Law of Labor 1994 which modified in 2002, 2006, 2007 and Decree No. 47/2010/NĐ-CP on provisions of administrative sanctions for violations of labor law. - Labor Safety standard known as TCVN guidelines on the safety on chemicals, production, mechanicals, labor safety device, electricity, fire safety, hygiene, etc.

The guidelines for OHS provided under the IFC Environmental, Health and Safety should be applied for all infrastructure projects

Vietnam has specific standards for management of wastes, emissions, water for industries, especially standards on hazard wastes and some specific substances. They are either more stringent that or consistent with World Bank standards (World Bank Group Environmental, Health and Safety guidelines).


66

Issue


requirement


VIPMP

electricity, fire safety, hygiene, etc. - Decision 3733/2002/QD approved by Minister of Health issued in October 10th of 2002 on 21 standards, 5 principles and 7 parameters of labor safety.

- Decision 3733/2002/QD approved by Minister of Health issued in October 10th of 2002 on 21 standards, 5 principles and 7 parameters of labor safety.

- Recently, the Government issued the responsibility of enterprises in labor safety in specific industries via Circular 43/2010/TT-BCT.

Table 3.4 Comparison on requirements of EIA for AMS

Issue

Vietnam regulations WB safeguard requirement Proposed solutions applied for

VIPMP

Decree 21/2008/ND-CP

Decree 29/2011/ND-CP

OP 4.01

Environmental assessment for proposed AMS

- None - all laboratory (not AMS) produce hazardous waste should conduct EIA

- For Category B projects, some form of environmental assessment is required, usually less rigorous than a full EIA, and often taking the form of an Environmental Management Plan (EMP).

- ECOPs will be required in the bidding documents to ensure their implementation by construction contractor


67

CHAPTER 4. PROJECT IMPACTS AND SAFEGUARD

APPROACH

4.1 OVERALL ENVIRONMENTAL AND SOCIAL IMPACTS

4.1.1 Positive Impacts

In general, the VIPMP will result in positive impacts on water quality of Nhue and Day River and Dong Nai River Basin, improve aquatic ecosystems and landscape of the river, directly. Eliminating untreated industrial wastewater reduces the risk of potential and adverse impacts on environment and human health. Social Benefits. The project is expected to have significant positive impacts on social conditions in the target IZs areas by contributing to sound environmental governance, sustainable IZ development, and a reduction in the risks that IZ’s currently pose to public health and the environment.

Table 4.1 Summary of environmental, economic and social impacts of VIPMP

Activities Expected Results Impacts of Environment,

Economy and Society

Impact

assessment

Component 1: Enhance capacity on Institutional arrangement and performance

1.1 To review,

amend and complete

the additional

legislation documents

related to industrial

wastewater pollution

management and

sustainable

development of IZ

- Completed researches to propose to amend the relevant contents in the environmental protection law 2005, which will be submitted to National Assembly in 2014. - Completed, modified, amended or set up new legislation documents related to general environmental protection of river basin and industrial zones as well as regulations related to collection, treatment and management of industrial waste

- Contribute into ensure of implementation of the target of environmental protection strategies, which have been mentioned in the environmental social economic development strategies from now to 2020.

long term and significantly positive impact

1.2 Establish water

quality monitoring

station and automatic

information systems

of water quality in the

river basin

- 17 automatic water quality monitoring stations will be installed in four provinces for conducting on-line and continuous monitoring of water quality in the contaminated areas in two river basins.

- design, set up and develop information system of monitoring stations connected to national

- Support achievement of the general strategically objectives of social economic development and environmental protection master plan via development of monitoring systems of national environment and natural resources, particularly the specific goals on environmental protection in two river basins of Nhue - Day and Dong Nai37.

37 See Decision No. 16/2007/QĐ-TTg, No. 187/2007/QĐ-TTg and No. 57/2008/QĐ-TTg.


68

automatic environmental monitoring system

- Support the process of decision-making and policy development related to socio-economic development and environmental protection in two river basins. - Consolidate and improve environmental monitoring systems on water quality to meet real needs for information and monitoring data on environmental management in river basin in Dong Nai and Nhue-Day Rivers. - Create the connection of information and data on environmental water quality and law enforcement on environmental protection of enterprises.

1.3 Enhance

monitoring, testing

and inspection

capabilities to

legislation

compliance on waste

management of

industrial wastewater

pollution

- Support and install on-site monitoring equipment for MONRE, DONRE, IZA, PC49 in 4 provinces.

- Development and implementation of monitoring plan, supervision and inspection of compliance of law on industrial wastewater pollution control.

- Improve efficiency and quality of inspection, testing and monitoring service management and industrial wastewater pollution control through proposed mechanism and appropriate policy. - Increase efficiency and quality monitoring and enforcement of law on environmental protection (testing and inspecting )

1.4 Enhance

capability of sharing

and disseminating

information and

mobilize community

participant on

industrial wastewater

pollution control

- Build and implement the pilot-scale integrated information system on the discharge of industrial parks, water quality in the river basin and disseminate them to other stakeholders.

- Implement a pilot program on information disclosure and mobilization of community participation38.

- Learnt lesson from the pilot program for extending on a national scale.

- Institutionalize the principles of community - based management on environmental protection work in river basin. - Mobilization of community into actual activities involved in monitoring activities and enforcement of law implementation on environmental protection.

Component 2: Pilot financing for investing on CETP

Provide pilot loan for

investing on CETP

construction

(centralized

wastewater

treatment plant in

industrial zones)

- CETPs invested by the loan will be completed on schedule; their business works will be viable and sustainable. - The successful model will be duplicated in many provinces.

- Create loaning mechanisms for Infrastructure investment and development company to borrow money for investing on CETP construction in IZ39.

- Treated wastewater at CETP which is invested from WB loan will meet QCVN sustainable.

- Long-term positive impact, some short-term adverse impacts.

38 This activities bring results via the ranking of IZs based on the results from environmental protection missions, dissemination of ranking results to public communities, establishment of hotline in order to create channel for resident to support the authorizes to monitor, inspect and prevent those who break the law on environmental protection. 39 Loan Terms: enterprises must commit to fully implement the legal responsibility for environmental protection during construction and operation of industrial zones.


69

- The model of CETP is summarized and disseminated in larger scale.

Component 3: Technical Assistance for Industrial Zones and Project Implementation Support

3.1 Increase

capability of those

who work in

industrial

wastewater pollution

and technical

support and project

management

- Organize training activities on environmental management, environmental monitoring and environmental information.

- Explore activities of support and technology consultancy such as the set of training documents

- Contribute into effective control of industrial wastewater pollution control, economic efficiency, social and environmental improvement in river basin

Long term, significantly positive impacts.

3.2 Conducting

researches involved

- Researches on model of eco-industrial parks and industrial green production; on evaluation of loading capacity and self-cleaning capacity of river, to set up instructions on the design, construction, operation and management of CETP in IZ; build the methods of pollution evaluation and improvement and cleaning solutions applied for contaminated river basin.

- Develop the scientific basis for making decision on environmental protection.

- Contribute into effective control of industrial wastewater pollution, economic efficiency, social and environmental improvement in river basin.

3.3 Management and

implementation of

projects

- Supports on management and coordination of project activities.

- Fund sources to the Environmental Protection Fund in evaluations for candidate IZs under Component 2, implemented loan mechanism, and software of Component 2 management.

- Ensure the effectiveness, sustainability, and transparency of the project.

- Ensure project activity of component 2 implementing effectively and sustainable.

3.4 Project

Monitoring and

Assessment

- Hired consultants to support technical assessment, monitoring, and auditing.

- Ensure to evaluation of effectiveness of environmental, economic and social impacts.

* Beneficiary areas:

In the southern provinces, improvements can also be expected in water quality of the Thi Vai River and the Dong Nai River. The latter is the most important river in the southeastern provinces of Vietnam for water supply, and is the main water source for water supply plants in Ho Chi Minh City, Dong Nai and Binh Duong. More important than immediate impacts resulting from the project’s support of specific CETPs, is the expectation that the financing modalities being pilot by the project will result in considerable scaling up of financing available in Vietnam for adequate industrial wastewater treatment. In addition, the improved regulatory and enforcement environment will yield longer-term benefits and impacts on water quality not only in the target rivers but throughout Vietnam.


70

4.1.2 Adverse Environmental Impacts

The VIPMP will not have significant adverse impacts because it will not create any new requirements for land acquisition or resettlement nor create new wastewater loads to rivers, over and above what is already planned by the IZs. However, during the construction and operation of individual CETPs under VIPMP, it may have some negative impacts which should be taken into account and mitigated. Negative impacts include those during construction of CETPs, impacts from CETP operation in case of failure of wastewater treatment, and sludge treatment. However, those impacts are local, mitigable, providing adequate implementation of EMP and mitigation measures. In Component 1, the project also finances the construction of AMSs. The environmental impacts from the construction are minimal to non-existent. However, simple standard Environmental Codes of Practice (ECOPs) will be attached to bidding documents to ensure they are addressed by the contractors during construction. The AMSs’ ECOPs are included in a later section as a column in the CETP ECOP table. Potential negative impacts during construction of CETPs

The impacts in the construction phase of a CETP are mostly insignificant because of the small scale of construction works and isolation from inhabited areas, as they are all located inside industrial zones. It is possible that some residential areas could be adjacent to the industrial zone so the possibility of localized impacts in those situations needs to be considered. The main impacts are listed in Table 4.2.

Table 4.2 Assessment of environmental impacts of construction of CETPs

No. Theme Source Description Target

objectives Assessment

1 Landscape Storage of construction materials

Lacking of management of excavated materials, spoiling and creating open dump sites However, the impact is insignificant because the CETP is isolated with surrounding areas by fence.

Local aesthetics

Short-term, small scale, insignificant

Construction activities

Excavation activities cause dust which affect on visibility. Similarly, due to small construction work load and CETP’s isolation, this impact is not significant.

Local aesthetics


2 Air and noise pollution

Noise and vibration from excavation, leveling,

The noise level of construction equipment ranges from 72 dB to 93 dB at the distance of 15 m from the source40 whereas the

Workers Short-term, small scale, insignificant

40 Maximum noise level according the distance of construction equipment

No. Equipment Noise level (dBA), far from noise source 1.5m

Noise level (dBA), far from noise source 20m

Noise level (dBA), far from noise source 50 m

Noise level (dBA), far from noise source 100 m

1 Bulldozer 93 70.5 62.5 56.5

2 Roller 72.0-74.0 49.5-51.5 41.5-43.5 355-37.5


71



construction machines and transportation means

required noise level is 75dBA in residential areas (QCVN 26:2010/BTNMT). This could be easily achieved because the construction site is isolated from the residential areas.

Dust from leveling, construction and storage of excavated materials

Dust could be generated from excavated materials41. However, regards to small construction works, the quantity of excavated materials is insignificant.

Workers Short-term, small scale, insignificant

Air pollution from construction works and transporting materials

Main pollutants are dust, SO2, CO2, CO, NOx. This impact is also insignificant.

Workers Air

environment


3 Water pollution Surface water Domestic

wastewater of workers

Worker could generate domestic wastewater during construction time, which contents of nutrients, organic matters and fecal coliforms.

Surface water

Low, short-term and mitigable

Run-off Contain mainly SS, sometimes oil and grease if hazardous waste is not properly managed.

Surface water

Low, short-term and mitigable

3 Front bucket excavator

72.0-84 49.5-61.5 41.5-53.5 35.5-47.5

4 Counter-bucket 72.0-93 49.5- 70.5 41.5-62.5 35.5-56.5

5 Tractor 77.0-96 54.5- 73.5 46.5-65.5 40.5-59.5

6 Grader 80.0-93 57.5-70.5 49.5-62.5 43.5-56.5

7 Paving machine 87.0-88.5 64.5-66.0 56.5-58.0 50.5-52

8 Truck 82.0-94 52.5-65.5 44.5-57.5 38.5-51.5

9 Concrete mixer 75.0-88.0 57.5-60.5 49.5- 52.5 43.5-46.5 10 Concrete pump 80.0-83 57.5-60.5 49.5-52.5 43.5-46.5

11 Concrete compaction machine

85.0 62.5 54.5 48.5

12 Generator 72.0-82.0 49.5-60.0 41.5-52.0 35.5-46 TCVN 5949 :1998 (6h-18h) 60 dBA

41 Emission factor of dust pollution in construction activities

(Unit: dust amount/soil and sand used amount)

No Causes of impact Emission factor

1 Dust generated by wind in digging/embanking processes 1÷100g/m3

2 Dust generated in loading /unloading construction materials (cement, sand, gravel, iron and steel, etc.)

0,1÷1g/m3

Source: Assessment Document, WHO, 1993.


72



Groundwater Excavation activities

Will disturb the groundwater levels if underground activity is required.

Groundwater Low, significant, mitigable

4

Solid waste Domestic solid waste of workers

Solid waste from worker such as residual food, plastic bags, wood, metal, glass, etc, which could generate leachate, odor and be favorable for insects and pathogenic vectors.

Local aesthetics Workers

Local residents

Low, insignificant,

mitigable

Construction waste

Construction waste generated includes cement, bricks, sand, stone, wood, scrap, and spilling materials.

Local aesthetics Workers

Local residents

Low, insignificant,

mitigable

Hazardous waste Containers of oil, grease, gasoline and solvents. However, it is expected that the amount of this type of waste is very small.

Soil Surface

water quality

Low, insignificant,

mitigable

5 Traffic safety

Traffic jam due to increase in transporting trips

The impact is insignificant because it is inside the IZ.

Local traffic Low, insignificant,

mitigable 6 Working

safety Lack of safety equipments and caution

Accidents could occur when lacking of safety equipments and lacking of management on site.

Workers Low, mitigable

7 Local daily life

Workers The construction site is far from residential areas. The number of construction workers is not much due to small-scale construction of CETP.

Local residents

Low, insignificant,

mitigable

8 Ecosystem and landscape

IZs have no biological or ecological values that might be compromised by any project activity

Ecosystem, biodiveristy

Low, insignificant,

mitigable

These impacts are usually unremarkable because the construction area is relatively far from the residential areas, inside the IZ and construction facilities are quite simple. Thus, the negative impacts are negligible. Potential negative impacts during operation of CETPs

The CETPs are quite distant from residential areas and will therefore have minimal impacts on them. The main impacts of CETPs are listed in Table 4.3.

Table 4.3 Sources of impacts and affected objectives due to operation of CETPs

No. Theme Source Description Targeted objectives

Assessment

1 Odor and air pollution

Wastewater tanks

Odors from the wastewater Workers Local people

Medium, significant, mitigable

Air pollution from O&M of aero tank, especially greenhouse gases or volatile organic compounds (VOCs)


73

No. Theme Source Description Targeted objectives

Assessment

Microorganism and bacteria in the air Odors from oil, grease, gasoline.

2 Noise and vibration

Machine and movement of vehicles

Caused by operation of pumps and sludge transferring vehicles, far from residential areas

Public, nearby industries

Low, insignificant,

mitigable 3 Water

pollution Discharges Contain high concentration of SS,

COD, nutrients, potential heavy metals and industrial toxic and pathogens

Surface water

Medium, mitigable

Leakage Contain high concentration of SS, COD, nutrients and pathogens

Surface water

Low to medium, mitigable

Storm water Contains SS, oil and grease, pathogens

Surface water


Domestic wastewater

Domestic wastewater of worker Surface water


4 Solid waste Littering Solid waste littered from screen Workers Low to medium, mitigable

Sludge Sludge will be treated and disposed properly depending on quality of sludge

Public Medium, mitigable

Solid waste Solid waste will be collected and transferred to landfill

Soil Surface water

Low mitigable

Hazardous waste

Residual oil and grease, foams from water tanks

Soil Medium, mitigable

Impacts on air environment Factors affecting air quality are mainly bad smell caused by decomposition of organic substances in wastewater and waste collection area in screens and sludge pump. The locations of odour emission are presented in Table 2.10. Gas emission can release bad smell, which can affect workers who directly work there. However, due to a combination of various technical measures and safe isolation distance, this effect can be minimized. The method of wastewater treatment is aerobic; therefore, the methane emission is very small. The CETP is far from the residential concentrated areas, so potential aerial spread of pathogens is considered negligible. Noise due to various types of equipment in CETPs will cause a direct impact on the operators. Impacts on the air quality of CETP operation is only a local effect within the IZ.

Table 4.4 Sources of odor emission at CETPs

Locations Sources

Intake Wastewater, air emission, oil, sludge Grit chamber Wastewater, surface contaminants , sludge, sand Screening Wastewater, solid waste, oil, surface contaminants, sludge, biological

film Coagulation – Flocculation

Air emission, oil, biological film, chemical spillage

Aerotank Wastewater, scum, air emission, surface contaminants, sludge, circulation zone

Cascade aeration Wastewater, solid waste, surface contaminants , sand, biological film


74

Locations Sources

Trickling filter (if have)

Wastewater, scum, air emission, oil, surface contaminants, sludge, circulation zone

Pumping station Wastewater, surface contaminants Sedimentation tank Wastewater, scum, air emission, oil, surface contaminants, sludge,

circulation zone, chemical spillage Channel Wastewater, scum, oil, sludge, biological film, chemical spillage,

circulation zone Outlet Wastewater, scum, oil, sludge, biological film

Impacts on groundwater The operation of CETPs could have an impact on groundwater. This could happen if the wastewater pipe or tank-bottom has a problem and the wastewater from the sludge containers is uncontrolled. The risk however is considered negligible given standard maintenance and operation measures that will be in effect for the CETPs.

Impacts on water environment

• Domestic wastewater

The average amount of domestic wastewater is about 80 liter/person/day. However, all IZs will have existing facilities for domestic wastewater and the additional amounts of wastewater attributable to CETP workers is insignificant.

• Industrial wastewater

Of most concern in the operation phase is whether post-treatment wastewater discharged into the receiving source could affect water quality of receiving water bodies. Although the wastewater treatment technology is selected to ensure that the effluent will meet the target limit value, volume of daily treated water and discharged water from the IZs will affect the load capacity and self-cleaning ability of the surrounding water bodies.

Impact on soil environment Main sources of soil impacts are the impacts of sludge disposal from CETP operation and from domestic waste of workers.

• Solid waste from treatment process

The characteristics and quantities of the solid waste arising from CETP will depend on the type and capacity of the wastewater treatment process, and will influence the method of disposal or re-use, and the selection of sludge treatment process required. The volume of solid waste generated from wastewater treatment plant is affected by:

- Debris from coarse and fine screen - Sediment sand from settling basin - Sludge in the sedimentation basin including raw sludge, septage and alum sediment and

polymer. - Biological sludge from biological treatment works such as optional basin, trickling

filtering and oxygen channel.


75

• Sludge generated from CETP

Sludge will be extracted from the water flow by using crude screens and fine ones before being extracted again by fine screen at the initial treatment area. These kinds of waste will be taken to container and treated. The sludge trap will collect the sludge from the biological treatment basin and sludge from clarifier, digestion tank. Water in the sludge will be separated by the pulp concentrator before being taken to sludge container and transported for disposal.

Wastewater and sludge mainly consist of organic components whose decomposition could cause unpleasant odors. Therefore, sludge will be collected and treated by sludge treatment system in CETP before disposing to soil environment. If the sludge contents toxicity due to industrial wastewater, they will be treated as hazardous waste following Vietnamese regulations.

• Domestic solid waste

Domestic waste generated from workers can be calculated based on the minimum numbers of worker working in CETP (10 - 15 people are estimated). The estimated quantity of generated waste is about 5 – 8 kg/day based on 0.5 kg/person/day. This quantity of waste is insignificant and will be collected and treated by the contractor under the contract agreement.

• Hazardous waste

Grease and oil residuals can be generated from maintaining and preparing vehicle and machinery. Quantity of residual grease and oil can be determined as hazardous wastes (code: A3020, Basel: Y8). If strict management measures for collection and disposal of residual oils are not applied, it can be a potential source for soil and ground water pollution. However, the expected quantities are small and there will be little or no adverse impacts upon the environment. Chemical containers used in the treatment technology need to be collected and stored in accordance with the safety standard, collected and disposed periodically. Impacts on terrestrial ecosystems and landscapes

In general, impacts from the construction of CETPs do not change any scenery or ecosystem because project areas are already converted to industrial zones.

Impacts on public works and public health and safety The project does not have much effect on public works and the public, except that odors from a CETP could disturb the nearby industries in IZ. However, if the mitigation measures are applied to reduce odors, this impact is insignificant. Worker safety Operational incidents

Negative impacts during operation could occur in the event of treatment failures. Depending on treatment technology selected, each CETP has a different risk of operation failure as following:

Table 4.5 Potential accidents in the operational activities of secondary treatments


76

Facility Impacts Cause

Trickling filter

Increased concentration of SS in the outlet

High hydraulic loading Nitrification Huge amount of excess sludge split out Uneven distribution of untreated water and collection of treated water

High BOD at the outlet

High SS High organic loading

Odor

High organic loading Bad circulation

Aerotank Bulking sludge Mixing capacity is not enough. High F/M Low pH Lack of nutrients

Increased BOD in the clarifier effluent

High loading Fine sludge � hard to settle

Foaming

In the start-up phase Short SRT � lack of sludge in the ditch Low MLSS High pH Lack of DO

Scum Low F/M Norcadia existed

Fine sludge � high SS

High SRT High loading of clarifier

Risk

- Fire risks: causes can be electrical leakage, explosion of substances used in treating wastewater.

- Electricity accidents.

- Other failures could stop the operation of the CETP; in case of emergency, it must discharge the untreated water into the environment. Such sources of receiving river will be in danger of being polluted by these wastewater resources.

Generally the risks of operational incidents resulting in adverse environmental impacts are low because standard operating procedures of a CETP prescribe back-up measures in case of operational failure.


77

Table 4.6 Summary of environmental impacts of CETP operation

Impacts Sources Description Assessment

Negative Positive Short-term

Long-term

Short-term

Long-term

Dredging and transport of septage

Odor emitted from collection and transport of septage

Sludge will be generated from CETP, which could affect directly to life enjoyment of people along the haulage route. However, this impact is easily mitigated.

M

Micro-organism dispersion when the truck is not covered properly.

M

Air pollution due to transportation means: dust, SO2, CO2, CO, NOx

L

Surface water pollution

Treated water discharged to water bodies

Pollute the surrounding surface water. This impact is unavoidable but can be mitigated.

M H

Groundwater contamination

Wastewater leakage Long-term and wide-spread. Special attention to pressurized pipes.

M

Infiltration from sludge drying beds or tanks

Long-term and dangerous if the lake bottom is not properly lined.

M

Operational problems

Algae blooming creating conditions for flies and mosquitoes development

Long-term and directly harmful for local residents M

Odors Not high because it is far from residential areas M Air environment pollution

Odors Not high because the buffer zone dimension satisfies TCVN 7222:2002 (300m)

M

Noise L Solid waste disposal

Domestic solid waste of workers Small quality and will be collected by public service. L Hazardous waste: chemicals, oils, debris

Small quality but high risk. It must be managed properly. M

Sludge management

solid waste from screenings Sewage contains SS, oil and grease, BOD and nutrition. Impacts from bacteria and odor of stabilized sludge are not high. Furthermore, with the high content of nutrition, stabilized sludge is suitable for agricultural purposes.

M M Settled sand at intake structure Raw sludge at ASPS Biological sludge


78

Impacts Sources Description Assessment Negative Positive

Short-term

Long-term

Short-term

Long-term

Sewage Impacts to public works

Noise and odor Not important because it is far from residential area and in IZ. M

Traffic safety Traffic congestion Although access routes are of high density, the operation of CETP does not affect much on the traffic congestion.

L

Working safety

Lack of safety equipments for workers

Medium-size M

Environmental pollution M Electricity hazards M Fires M Exposure to micro-organism threatening

Risky for workers H

Public health and safety

Chemical spillage Far from residential areas M Domestic solid waste Solid waste Workers’ activities

Note: L (low), M (medium), H (high). Assessment of impacts is prior to application of mitigation measures.

Vietnam Industrial Pollution Management

Social and Environmental Management Framework

79

79

4.1.3 Adverse Social Impacts

Social Risks. The project’s Component 1, construction, installation and operation of automatic monitoring stations (AMS) and Component 2, construction and operation of CETPs, could potentially cause adverse social impacts mainly related to land acquisition and which would need to be assessed and mitigated, as described in this section that follows. Social Safeguards Indigenous Peoples Policy OP 4.10 is not triggered, because the project scoping confirmed that there are no ethnic minority peoples that could be potentially affected or benefited in the area of influence of the project. During project preparation, the social development specialists of the Bank carried out a scoping of the zones proposed for the project investments confirming that there are no ethnic minorities in these sites which, as per the OP 4.10, have the following characteristics: (i) self-identify as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, social, economic, social or political institutions that are separate from those of the dominant society and culture; and (iv) speak an indigenous language, different from the official language of the country or region. Involuntary Resettlement OP 4.12 is triggered. For component 1, seventeen automatic monitoring stations (AMSs) will be installed in four provinces, for conducting on-line and continuous monitoring of water quality in various rivers. The land to be used for these investments will be in all cases available public land or the facilities will be installed within public buildings. Therefore, for this component there is no associated involuntary resettlement and the project won’t invest in any AMs system which is not installed in available public land or public building, a condition included as part of the projects’ operational manual. For component, 2 sub-projects’ investments will take place on land that was acquired using the GoV’s eminent domain for the creation of Industrial Zones (IZ). Although the involuntary resettlement for in all the IZ selected for project investments won’t be caused by or attributable to the project, the policy is triggered because in some cases IZs, with substantially advanced compensation, will have on-going minor involuntary resettlement related activities at the time of IZs loan appraisal submission procedures. CETP construction and operation will take place within IZs. In Vietnam, the process of creating an IZ typically involves land clearance. When an IZ is planned, land clearance following Government norms and regulation is carried out, but compensation usually would take place over a number of years. Because of the long period of time required to develop an IZ having industries in operation, IZs are typically developed in phases. Correspondingly, many IZs develop CETPs in phases, depending on the scale of activities within the IZ which requires expansion of existing CETP facilities over time. An IZ may have long-term plans for several CETPs, servicing different parts of the IZ as they are cleared and occupied by industries.



80

80

4.1.4 Cumulative and Residual Impacts

The project is expected to have a cumulative positive impact by improving effluent quality in project-targeted IZs but also by leveraging the project investment to scale-up similar investments in other IZs. Where the project will help bring on-line new CETPs, there will be cumulative increases in total amounts of discharged wastewater and sludge. In the absence of the project, such increases would however have been much greater as all candidate IZs will eventually come into operation and would do so with less effective CEPTs or no CETPs at all. Any potential cumulative negative impacts will be monitored regularly. All discharges of both wastewater and sludge disposal will have to meet Government of Vietnam quality standards. Such cumulative negative impacts cannot be calculated as the final list of IZs will only be determined during project implementation. The additional amounts of effluent and sludge that can be attributed to the project will be relatively insignificant compared to total pollution loads in the rivers or daily production of solid waste in the target provinces. Among the four provinces, Nam Dinh and Ha Nam Provinces have less well-developed provincial plans for sludge disposal although appropriate disposal sites are available. However, all IZs supported under this project will have to have adequate provisions in place for sludge disposal (hazardous and non-hazardous). Dong Nai Province already has the Quang Trung industrial waste treatment zone (about 10 ha), which has one cell for hazardous waste and one cell for industrial waste. Hazardous waste will be immobilized in blocks before being buried. Ba Ria Vung Tau has Toc Tien waste treatment zone where the sludge could be adequately treated if they are classified as hazardous waste.

4.2 PROJECT SAFEGUARD INSTRUMENTS

As noted in the previous section, any proposed CETP subproject will have been assessed in an existing EIA. In the case of older CETP proposals, the CETP will normally be covered in the IZ EIA. For CETPs proposed after mid-2011, in addition to the IZ EIA, the proponent must prepare a separate CETP-specific EIA. In addition the operator of a CETP must prepare a Wastewater Discharge Report (WDR) and Environmental Quality Monitoring reports. The Government-required EIA(s), and the WDR required before a CEPT begins operation, include sections that are the equivalent of an Environmental Impact Assessment (EIA) meeting requirements of World Bank safeguard policies (including as a section an Environmental Management Plan (EMP)). To facilitate the review and clearance of subprojects and to indeed ensure the completeness of the proposed mitigation and environmental management purposes, VEPF requires a proponent of a CETP loan to submit a stand-alone EIA. The structure of the required EIA (detailed in Chapter 5) includes a summary of pertinent information from existing EIAs as applicable to the CETP. In the event that the existing EIA(s) are not of sufficient quality, the proponent would need to carry out supplementary work.



81

81

It should also be noted that each CETP must also have an Operational Manual. This manual provides guidance for operating correctly the CETP and in effect constitutes one of the most important environmental management tools at the disposition of the operator. As shown in the figure below, the Vietnam Environmental Protection Fund (VEPF) will review the EIA of the IZs or CETPs (if applicable) and decide whether they should carry out supplementary work to prepare the CETP EIA for VIPMP.



82

82



83

83

Figure 4.1 Proposed preparation and reviewing procedures for implementing safeguards

instruments for VIPMP

The following checklist of documents (when available) is proposed for providing information for environmental assessment reviewing process for VIPMP:

• EIA report of IZ • EIA license of IZ • CETP EIA report (if prepared) • Environmental Quality Monitoring report • Wastewater Discharge Report (WDR) • Wastewater Discharge License • Sludge treatment (hazardous and non-hazardous) treatment contract(s) • Sludge treatment (hazardous and non-hazardous) treatment technology • CETP Operational Manual • Environmental Auditing Report for CETP (when available, for older CETPs)

In a review of existing EIAs of IZs, we found that the reports typically have some weakness as following:

- EIA was not specific for CETP and it was approved for long time ago (e.g. in 2006 and 2007);

- EIA content is mostly for IZs and CETP is considered as one of mitigation measures and pollution control methods, therefore, the adverse impacts of CETP were not taken into account properly;

- EIA did not mention clearly about water quality trends of receiving water after receiving discharged wastewater;

- EIA did not content the alternative analysis - EIA did not content the public consultant properly as requested by the WB Safeguards

(i.e. should include the affected people) - Sludge treatment and disposal are not clearly described. - EMP for CETP was not details and did not cover all environmental issues.

These issues would need special attention during the preparation of a VIPMP EIA.



84

CHAPTER 5. GUIDANCE FOR PREPARATION OF A CETP ENVIRONMENTAL IMPACT ASSESSMENT

5.1 PURPOSES OF A CETP EIA

To simplify the process by which VEPF appraises the environmental aspects of a CEPF loan application, and simultaneously to ensure that GoV and World Bank safeguard policies are met, a single CEPF EIA is to be prepared by the subproject component. This will draw on existing EIA(s) and other available documents. The EIA includes an EMP which is very similar to the Wastewater Discharge Report (WDR) which the IZ must later submit to the Government. To meet the above purpose, the CETP EIA should include a general introduction about the CETP project and the relevant legislative framework. The document should include an analysis of site-specific information for each industrial zone such as kinds of industries at the IZs, nature of pre-treatment at individual industries, infrastructure providing connection to the CETPs, nature of influents to be expected at the CETP. It also provides the technical specification of the wastewater treatment system, detailed information on water usage, water quality and loading capacity of wastewater receiving-water. It also should provide detailed information on expected impacts, guidelines on mitigation measures and risk management, guidelines on monitoring the collecting rate of wastewater, operation and maintenance of the CETPs, occupational, health and safety measures, monitoring plan of environmental performance, sludge disposal, chemical management, capacity building programs, and cost estimation, etc). The key stakeholder consultant and project information disclosure will be stated clearly in the EIA as required.

The mitigation measures must be designed to minimize environmental impacts with the following principles:

- They must minimize disruptions to daily life and movement demand of local people; - The proposed measures must be feasible in terms of economic, environment and social; - They must comply with standards and technical regulations; - They must use environmental-friendly equipments and construction methods; - There is regular monitoring regime;

All construction work will be done in accordance with appropriate standards, and construction methods as defined in the EMP section of the EIA. These in turn need to be reflected in the tender documents/contracts. The contractors must then prepare a construction environmental management plan (CEMP) explaining exactly how they propose to meet the requirements of the EMP. An indicative budget will have been included in the EMP. The CEMP is subject to the approval of the Engineering Supervision Consultant, who must ensure that the proposed measures are consistent with the EMP and expected budget. Monitoring compliance with the EMP is thus a responsibility of the ESC.



85

5.2 RECOMMENDED CONTENTS OF A CETP EIA

The following is a suggested table of contents for a CETP EIA that would meet the requirements of VEPF/World Bank. In order to meet GoV requirements, other sections could of course be added. TABLE OF CONTENTS LIST OF TABLES LIST OF FIGURES ABBREVIATIONS CHAPTER 1: CETP BRIEF DESCRIPTION 1.1. PROJECT ORIGIN 1.2. CETP OWNER 1.3. CETP LOCATION 1.4 CURRENT SITUATION OF TECHNICAL INFRASTRUCTURE IN IZ 1.4.1 List of industrial types, their capacity of wastewater pre-treatment, production capacity. For each industry:

o Industry operation schedule (no. of days of operation/week, daily operating schedule)

o Wastewater management system: Are industrial wastewaters combined with sewage or separately managed?

o Wastewater discharge requirements (pretreatment standards) o Existing installations for pretreatment (treatment unit operations) o Pretreated wastewater characteristics: discharge characteristics (batch

vs. continuous flow, discharge schedule, etc.), wastewater flow and type pollutant types and concentrations) to be conveyed to the CETP

o Systems/plans that the industries would put in place to manage sludge generated from the pre-treatment facilities

o Hazardous waste management system 1.4.2 Drainage system (facilities and management system) including the expected flow and characteristics of drainage water, if any, to be directed to CETP (flow and pollutant types and concentrations 1.4.3 Sewage system (facilities and management system) 1.4.4 Industrial waste management (facilities and management system) 1.4.5 Transportation system (especially for waste and material transportation) 1.4.6 Hazardous waste management (facilities and management system) 1.4.7 Risk management (facilities and management system) 1.5. DESCRIPTION OF CETP 1.5.1. Description of wastewater treatment technology, standards of influent and effluent 1.5.2. Characteristics of CETP and sluice-gates

1. Characteristics of wastewater - Wastewater types - Characteristics (wastewater quality parameters and concentrations) of influents - Characteristics (wastewater quality parameters and concentrations) of effluents - Prediction of the combined wastewaters to the CETP (max., min., avg. daily flow and pollutant concentrations - Assessment of wastewater quality based on existing standard requirements 2. Characteristics of CETP



86

- Describe wastewater collection systems, drainage system. For each conveyance system from in industry to the CETP, describe method (pipeline vs. truck conveyance with a wastewater collection storage tank at each industry). For pipe conveyance: pump, overflow, underground flow, gravity flow, etc. Specifications for key elements. - Wastewater treatment technology (capacity, technology process, etc) - Wastewater treatment components 3. Characteristics of wastewater discharge - Technical specifications of drainage systems and sluices - Discharge methods: pump, overflow, underground flow, gravity flow, locations of outlets, etc - Discharge regimes: frequency, time and schedule of discharge - Wastewater flow: average and maximum discharge flow

1.5.3. Sludge treatment technology. Description of arrangements for sludge characterization, temporary storage, transportation and disposal. 1.5.4. Total capital investment and operation schedule of CETP. CHAPTER 2. CHARACTERISTICS OF PROJECT AREA 2.1. GENERAL CHARACTERISTICS OF PROJECT AREA * Natural characteristics - Topography, geology, climate Air environment Groundwater Soil environment * Economic and social conditions - Population, infrastructure, residential activities, economic, social conditions in receiving water basin - Economic Development Master plan in receiving water basin 2.2. CHARACTERISTICS OF RECEIVING WATERS * Name, location of receiving water * Natural characteristics - Hydrology, meteorology conditions at discharge point - Hydrology characteristics of receiving water Sediment environment (characteristics of sludge (from existing CETP or similar CETP) and sediments near the outlet Aquatic ecology environment (biodiversity/fish, aquatic organisms, river bank ecosystem)

CHAPTER 3. ANALYSIS OF ALTERNATIVES 3.1. Criteria for selecting alternatives 3.2. CETP treatment technologies 3.3 Conveyance system from industries to CETP 3.4 Locations of outlets 3.5. Use of treated wastewater from the CETP. Examples of options include: recycling to industries, agricultural use, irrigation of forest areas, discharge to surface water 3.6 Conveyance system from CETP to outlet

3.7. Sludge treatment technology

CHAPTER 4. ASSESSMENT OF IMPACTS



87

4.1. Effects on water quality (calculate the loading capacity of receiving water and predict the impacts using water quality models, trends of water sources) 4.2. Effects on environment and aquatic ecology 4.3. Effects on hydrology 4.4. Effects on air 4.5. Impacts of Risk and accidents (assessment on possibility, scale, time and affected space of risk) 4.6. Social-economic and downstream water use impacts 4.7. Accumulative and integrated impacts CHAPTER 5. MITIGATION MEASURES 5.1. ENVIRONMENTAL MANAGEMENT PLAN - Mitigation measurements of water pollution (control the influent flow and concentrations; mitigate the impacts of effluents, failure of operation, accidents, risks) - Mitigation measurements of sludge management - Mitigation measurements on air environment - Mitigation measurements on soil quality 5.2. RISK MANAGEMENT - Occupational health and safety - Failure of operation 5.3. PUBLIC INFORMATION PROGRAM AND COMMUNITY RELATION 5.4. TRAINING - should also address issues of laboratory and data quality issues 5.5. ORGANIZATION OF ENVIRONMENTAL MANAGEMENT AND RESPONSIBILITY FOR CETP AND IZ 5.6 MONITORING PROGRAM AND CONTROL OF WATER QUALITY OF RECEIVING WATERS - Monitor and supervise the CETP performance and operation - Monitor water quality of influents and effluents (on-line monitoring program if needed) - Monitor water quality of receiving water at outlets and nearby (possibly done by DONRE) - Monitoring of drainage water (if separately handled and discharged) - Monitoring of sewage treatment and discharge system (if separately managed) - Occupation Health and Safety monitoring - Reporting plan and frequency 5.7. Estimated cost and time for implementation of EMP CHAPTER 6: PUBLIC CONSULTATION 6.1. THE OBJECTIVE OF PUBLIC CONSULTATION 6.2. PUBLIC CONSULTATION IMPLEMENT 6.2.1. Public consultation with downstream/upstream communities 6.2.2. Public consultation in accordance with local authorities such as: industrial park management agency, department of environmental and natural resources. 6.3. RESULTS OF PUBLIC CONSULTATION 6.3.1. Results of public consultation 6.3.2. Opinions from local governments 6.4. INFORMATION DISCLOSURE 6.5. COMMITTMENTS OF THE PROJECT OWNER



88

Appendices 1. Water quality analysis results for all water quality parameters required for receiving water depending on its use purposes. Water sampling at receiving water will be taken not more than 15 days before submitting WDP. 2. Map of sampling location and field description on sampling day. 3. Local regulation of water protection zone (if needed) at outlets. 4. Layout of wastewater collection systems, drainage and discharge (including manholes and sluices). 5. Location map of outlets at 1/10.000 scale. 6. Design drawings of wastewater treatment plant. 7. EIA report and appraisal (if needed). 8. Requested legal documents (e.g. land use certificate, contract of sludge treatment).

5.3 TYPICAL MITIGATION MEASURES FOR CETP CONSTRUCTION

Environmental codes of practice (ECOPs) are mitigation measures for generic impacts from project activities during the construction phase and are intended to be included in the bidding documents as requirements directed to the construction contractor. ECOPs are a convenient and effective way to ensure that generic and typical construction impacts are adequately mitigated during project implementation. The contractor in turn must convert the provisions of the ECOP into a Construction Environmental Management Plan (CEMP) with the site-specific details of how the ECOPs will be implemented in practice. The implementation of the CEMP will be supervised by the Engineering Supervision Consultant (ESC) who must also first approve it.


89

Table 5.1 Guidance of Environmental codes of practice (ECOPs) applied for CETPs and AMSs during construction phase

Issues / impacts

Code Mitigation measures applied for CETP

Vietnam code/regulation Applied

for CETP

Applied

for AMS

Air pollution

A1

Construction vehicles must undergo a regular emissions check and get certified named: “Certificate of conformity from inspection of quality,

technical safety and environmental protection” following Decision No. 35/2005/QD-BGTVT

• TCVN 6438-2005: Road vehicles. Maximum permitted emission limits of exhaust gas;

• Decision No. 35/2005/QD-BGTVT on inspection of quality, technical safety and environmental protection;

• QCVN 05:2009/BTNMT: National technical regulation on ambient air quality

X

A2 Maintain vehicles and equipments daily and every 6 months (or 8.000 km on the road)

X

A3 Do not burn waste on site X X

A4 Monitoring air quality for dust emission, noise and ambient air quality

X

Dust generation

D1 Removing waste out of construction site as soon as possible • QCVN 05: 2009/BTNMT: National technical regulation on ambient air quality

X X

D2 Cover the transport means to avoid dust, soil and building materials scattering during transportation

X X

D3 The Contractor is responsible for compliance with relevant Vietnamese legislation with respect to ambient air quality.

X

D4

The Contractor shall ensure that the generation of dust is minimized and is not perceived as a nuisance by local residents and shall implement a dust control program to maintain a safe working environment and minimize disturbances for surrounding residential areas/dwellings

X X

D5 The Contractor shall implement dust suppression measures (e.g. use water spraying vehicles to water roads, covering of material stockpiles, etc.) as required.

X X

D6 Exposed soil and material stockpiles shall be protected against wind erosion and the location of stockpiles shall take into consideration the prevailing wind directions and locations of sensitive receptors.

X X


90

Issues / impacts

Code Mitigation measures applied for CETP Vietnam code/regulation Applied

for CETP

Applied for AMS

Disruption of vegetative cover and ecological resources

TR1

The Contractor shall prepare vegetation protection measures to be included in the Construction Environment Management Plan for prior approval by the Construction Engineer, following relevant regulations. The Clearance Plan shall be approved by Construction Supervision Consultant and followed strictly by contractor. Areas to be cleared should be minimized as much as possible.

• Law on Environment protection No. 52/2005/QH11

X

Noise and Vibration

N1 Avoid construction at night (10 pm – 6 am) • QCVN 26:2010/BTNMT: National technical regulation on noise

• QCVN 27:2010/BTNMT: National technical regulation on vibration

X

N2 The contractor is responsible for compliance with the relevant Vietnamese legislation with respect to noise and vibration.

X X

N3

All vehicles must have appropriate “Certificate of conformity from inspection of quality, technical safety and environmental protection” following Decision No. 35/2005/QD-BGTVT; to avoid exceeding noise emission from poorly maintained machines.

X

Increased turbidity in

surface water

TU1 Ensure the technical requirements on treatment of wastewater and run-offs

X X

TU2 Good management of soil erosion and sedimentation X

Domestic wastewater of

workers

WW1 Build portable or use temporary toilet in IZs (if needed) • QCVN 14:2008/BTNMT: National technical regulation on domestic wastewater

X

WW2 Construct septic tank (if needed) and withdraw the wastewater and sewage when the construction finishes

X

WW3

The Contractor must be responsible for compliance with the relevant Vietnamese legislation relevant to wastewater discharges into watercourses.

X

WW4

Wastewater over permissible values set by relevant Vietnam technical standards/regulations must be collected in a conservancy tank and removed from site by licensed waste collectors.

X

Drainage and sedimentation

control

SW1 Periodic dredging sewers • TCVN 4447:1987: Earth works-Codes for construction

• Decree No. 22/2010/TT-BXD on regulation of construction safety

X

SW2 To avoid sediment-laded runoff that could adversely impact watercourses, install sediment control structures where needed to slow or redirect runoff and trap sediment until vegetation is established.

X

SW3 Ensure drainage system is always maintained cleared of mud and other obstructions and periodically check the status of the drainage system

X X


91

Issues / impacts


for CETP

Applied for AMS

SW4 Areas of the site not disturbed by construction activities shall be maintained in their existing conditions.

• QCVN 08:2008/BTNMT – National technical regulation on quality of surface water

X X

SW5 Earthworks, cuts, and fill slopes shall be properly maintained, in accordance with the construction specifications of CETP outlets or AMS.

X

SW6

The Contractor shall follow the detailed drainage design included in the construction plans, intended to prevent storm water from causing local flooding or scouring slopes and areas of unprotected soil resulting in heavy sediment loads affecting local watercourses (Arrange drainage ditches around the construction area to collect rainwater runoff and sedimentation pits before leading into water resources)

X

Ground water pollution due

to sewage leak

GW1 Leaks on drainage system must be detected and corrected promptly

• QCVN 09:2008/BTNMT: National Technical Standard on underground water Quality

X

Solid Waste Management

W1

Before construction, a solid waste control procedure (storage, provision of bins, site clean-up schedule, bin clean-out schedule, contract with waste management company or waste treatment company to collect waste daily, etc.) must be prepared by Contractors and included in Construction Environment Management Plan and it must be carefully followed during construction activities.

• Decree No. 59/2007/ND-CP on solid waste management

X

W2 Before construction, all necessary waste disposal permits or licenses must be obtained.

X

W3

Solid waste may be temporarily stored on site in a designated area approved by the Construction Supervision Consultant and IZA prior to collection and disposal through a licensed waste collector. In case, if not removed off site, solid waste or construction debris shall be disposed of only at sites identified and approved by the Construction Supervision Consultant and included in the solid waste plan. Under no circumstances

X


92

Issues / impacts


for CETP

Applied for AMS

shall the contractor dispose of any material in environmentally sensitive areas, such as in areas of natural habitat or in watercourses.

W4 Waste storage containers shall be covered, tip-proof, weatherproof and scavenger proof.

X X

W5 No burning, on-site burying or dumping of solid waste shall occur. X X

Chemical or hazardous

wastes

HW1

Chemical waste of any kind shall be disposed of at an approved appropriate landfill site and in accordance with local legislative requirements. The Contractor shall obtain needed disposal certificates.

• Decision No. 23/2006/QD-BTNMT with list of hazardous substance

• Circular No. 12/2011/TT-BTNMT on management of hazardous substance

X

HW2

Used oil, lubricants, cleaning materials, etc. from the maintenance of vehicles and machinery shall be collected in holding tanks and removed from site by a specialized oil recycling company for disposal at an approved hazardous waste site.

X X

HW3

Relevant agencies (IZA or DONRE) shall be promptly informed of any accidental spill or incident. Prepare and initiate a remedial action following any spill or incident. In this case, the contractor shall provide a report explaining the reasons for the spill or incident, remedial action taken, consequences/damage from the spill, and proposed corrective actions.

X

HW4 Store chemicals appropriately and with correct labeling

X

HW5 Communication and training programs should be put in place to prepare workers to recognize and respond to workplace chemical hazards

X

Traffic management

T1 Streamline traffic and navigation with consultations with local government and community, and traffic police

• Law on traffic and transportation No. 23/2008/QH12

• Law on construction No. 16/2003/QH11

X


93

Issues / impacts


for CETP

Applied for AMS

• Decree No. 22/2010/TT-BXD on regulation of construction safety

Interruption of utility services

U1 Provide information to affected households on working schedules as well as planned disruptions (at least 5 days in advance). (recommended on AMS more than CETP)

Decree No. 73/2010/ND-CP on administrative penalization security and society isues

X

Health and safety

HS1 Limit speed at the construction site • Decree No. 22/2010/TT-BXD on regulation of construction safety

• Instruction No. 02 /2008/CT-BXD on safety and sanitation issues in construction agencies

• TCVN 5308-91: Technical regulation on safety in construction

• Decision No. 96/2008/QD-TTg on clearance of UXO.

X X HS2 Avoid transportation in rush hours X X HS3 Installation of lighting at night X X

HS4

Equipped workers with labor protection instruments (ie ear pieces are provided to and used by workers who must use noisy machines such as piling, mixing, etc., for noise control and workers protection.)

X

HS5 Training workers on occupational safety regulations

X

HS6 Keep the construction area safe and orderly;

X X

HS7 Workers should carry protective clothing and goggles to protect when they may contact with chemicals and sludge

X

HS8

Prepare and implement action plan to cope with risk and emergency (ie in case of problems, stop the construction and implement of necessary measures) as well as well prepare emergency aid service at construction site

X X

HS9 Contractor shall comply with all Vietnamese regulations regarding worker safety.

X

HS10 Contractor shall comply with all Vietnamese regulations regarding

worker safety.

X X


94

Issues / impacts


for CETP

Applied for AMS

Communication with local communities

C1 Copies in Vietnamese of these ECOPs and of other relevant environmental safeguard documents shall be made available to local communities and to workers at the site.

• Decree No. 73/2010/ND-CP on administrative penalization security and society issues

X

C2 Provide a community relations contact from whom interested parties can receive information on site activities, project status and project implementation results. Provide all information, especially technical findings, in a language that is understandable to the general public and in a form of useful to interested citizens and elected officials through the preparation of fact sheets and news release, when major findings become available during project phase.

X

C3 Monitor community concerns and information requirements as the project progresses;

X

C4 Respond to telephone inquiries and written correspondence in a timely and accurate manner;

X

Chance find procedures

(in case if the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or

F1 Stop the construction activities in the area of the chance find and delineate the discovered site or area; Secure the site to prevent any damage or loss of removable objects.

• Law on Cultural Heritage (2002)

• Law on Cultural Heritage (2009) for supplementary and reformation

• Decree No. 98/2010/ND-CP for supplementary and reformation

X

F2

In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the Department of Culture and Information takes over;

X

F3

Notify the Construction Supervision Consultant who in turn will notify responsible local or national authorities in charge of the Cultural Property of Viet Nam (within 24 hours or less); Relevant local or national authorities would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed. The

X


95

Issues / impacts


for CETP

Applied for AMS

individual graves during excavation or construction)

significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values;

F4

Decisions on how to handle the finding shall be taken by the responsible authorities. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage;

X

F5 Decisions concerning the management of the finding shall be communicated in writing by relevant authorities;

X

F6 Construction works could resume only after permission is granted from the responsible local authorities concerning safeguard of the heritage.

X

5.4 TYPICAL MITIGATION MEASURES FOR CETP OPERATION

Table 5.2 Guidance for mitigation measures for CETP operation

No. Issues Impacts Mitigation measures Implementer Supervisors Budget sources

Difficulties/barriers needed to be considered

1 Pollution at the outlets

Long-term Regular monitoring effluents of CETP Installing warning signs at outlet’s location Regular dredging the manhole, sewerage system Reducing the spilling of wastewater

Water Drainage Company

IZA, DONRE, IZD

Budget operation of UDC

Awareness of workers and factories and CETP


96

Control, regularly monitor and inspect preliminary wastewater treatment at industries

2 Groundwater contamination

Long-term Monitoring and controlling the groundwater quality in the area Preventing infiltration of anaerobic ponds Preventing leakage at connections or transitions in the wastewater pipes

Operation Unit

IZA, DONRE, IZD

Budget operation of CETPs

3 Operational problems

Long-term O&M training for workers Monitoring of water quality to evaluate the efficiency of the operation Installing the signs to warn people of the risks of contacting the water bodies Noticing by the communication means Repairing as soon as accident happens Construct the bio- restoration pond (if applicable)

Operation Unit

IZA, DONRE, IZD

Lack of training for operational workers

4 Odors Long-term Ensuring the radius of buffer zone at least 300 m Planting trees in the buffer zone to create landscape and prevent odor dispersion Regular maintenance of treatment units Solving operational accidents

Operation Unit

IZA, DONRE, IZD

Lack of financial budget for O&M

5 Noise Long-term Planting trees Appropriate O&M regime

Operation Unit

IZA, DONRE, IZD

6 Waste from the operation

Long-term A good plan of collection and treatment Training for workers Regular collection of sludge

Operation Unit

IZA, DONRE, IZD

7 Sludge management

Long-term Checking sludge quality in order to have a suitable plan: drying and using for making fertilizer or disposing at the

Operation Unit

IZA, DONRE, IZD

Lack of covering the haulage vehicles


97

landfill, which based on the sludge quality Reducing the leakage along the haulage distance because dust could bear heavy metals and pathogens which result in food contamination and diseases related to skin and respiratory system Workers must be equipped with suitable safety clothes (hat, mask, gloves, etc.) and prevent sludge contact to open wounds Dried sludge will be treated as hazardous waste if sludge quality does not meet standards.

8 Health and working safety

Long-term, regularly

Training on working safety Regularly checking labor health At least two workers working in a operating shift. Keeping a good personal hygiene Prepare detailed guidance of CETP operation manual

Operation Unit

IZA, DONRE, IZD

5.5 TYPICAL MITIGATION MEASURES FOR ENVIRONMENTAL RISKS

Table 5.3 Mitigation measures for environmental risks

No. Case Action plan Responsibility

1 Complaints from the nearby industries and community on environmental issues of construction and operation activities

Immediately implement remedial measures if possible Record in the logbook

Contractors

Discuss with investors, local government to address thoroughly the contradictions Contractors, IZD, IZA, DONRE, PC49


98

2 Construction or operational accidents

First aid (if available), immediately call doctor and transfer the victim to the nearest hospital if necessary

Workers and local residents

Place the danger signs Make record of the accident

Contractors, CETP, IZD, IZA

3 Failure operation of CETP Storage the untreated wastewater, built the biological pond if possible CETP, IZD, IZA Have the back up equipments/facilities

Place the danger signs and report to authorities Avoid over waste loading from enterprises' wastewater Training the staff on operation, regularly monitoring Check the design and prepare the new unit of CETP Prepare for accidental response action plan

4 Improper sludge disposal Contract with relative permitted agencies to disposal sludge properly if they are found to be hazardous to environment and human health

CETP

Report and check frequently all emitted amount of sludge Issue the strict penalties for violation cases IZA, DONRE

5 Fires Inform authorities (in particular, is that fire police). Rescue the objects in the danger zone. Actively isolate the fire with the existing facilities on site (shepherds, water or fire extinguisher (if any)). Prepare the emergency plan and emergency response measures

Contractors, industries/enterprises CETP, IZD, IZA

Support under the guidance of the functional units until they are present at the scene (especially in situations detect mines, explosion caused by chemical substances etc.).

Contractors, CETP, IZD, IZA, industries

Support functional units, local government to set up security perimeter around hazardous areas.

Contractors, CETP, IZD, IZA, industries/enterprises

Check the conditions of fire and explosion safety on site, ensuring the problem does not continue. Suspension of work if they violate conditions of fire safety.


6 Electric accidents Disconnect power sources in the incident area and surrounding areas Immediate rescue the objects in the danger zone Explore the causes of accidents, checking power sources, wires and contacts...


Make records of accidents Contractors, CETP, IZD, IZA, industries/enterprises


99

99

5.6 ENVIRONMENTAL MONITORING PROGRAM

Purposes

- Control effects arised in the construction process provided in the EMP report and check out the compliance with environmental standards.

- Check and supervise implementation of environmental protection measures in the construction and operation process based on the approved EMP report.

- Propose to add mitigation measures in case of finding new impacts. - Propose to the project owners to coordinate with environmental organizations of central

and local governments to solve existing problems related to environmental protection in responsibility of the project.

- Evaluate the effectiveness of impact mitigation measures in the pre-construction, construction and operation phases of the project.

All CETPs of VIPMP should be installed with automatic monitoring station to monitor the quality of effluents on-line for flow, pH, TSS and COD measurement. Monitoring of the EMP and how it is being implemented is a responsibility of the Industrial Zone with oversight from VEPF. A discharge report will be reviewed when the wastewater discharge report is updated and the wastewater discharge license is re-permitted.

Contents

Large infrastructure construction projects are usually done on a rolling basis. Therefore, to ensure objectivity, science and reality and reflect truly impacts in the project construction (both positive and negative), monitoring programs will be adjusted to consistent with the actual construction and the project progress. Environmental monitoring will be conducted during construction and operation phases at four levels: 1. Monitoring the compliance with mitigation measures and environmental standards After the EIA is appraised by VEPF and DONRE, CEMP will be developed based on EMP and implemented by constructor. When the CETP operation commissions, IZD and CETP are responsible for preparing and submitting environmental quality monitoring reports to VEPF and DONRE, summarizing key environmental management and mitigation issues, results and actions to be taken and their compliance with QCVN and environmental standards. 1. Community-based monitoring: public will monitor the project along its operation process in order to ensure that the CETP will not break the environmental and social regulations as well as to create serious water pollution or health risk of human and aquatic ecosystem Implement monitoring community forms the spirit of voluntary reporting and address urgent matters. When the environmental deterioration happens, people and local administration will report to authority. For VIPMP, the local community could use the hotline of CETP, IZD or DONRE to report or complain about any discovered water pollution problem. Local people can


100

100

also cooperate with environmental police regarding any illegal discharge or violation of the environmental protection law. 3. Monitoring project completion indicators

Twice a year, IZD and CETP are responsible for reporting to DONRE: � Workers health indicators; � Water quality at the receiving water bodies; � Ambient environmental quality � operation performance of CETPs (wastewater and sludge treatment) � Any new impacts and risk to environment and human health

This information will be included in:

- wastewater discharge report, which is submitted to water resources management in DONRE; - environmental quality monitoring, which is submitted to DONRE; - hazardous waste management report, which is submitted to solid waste management division of DONRE.

4. Environmental quality monitoring indicators

The environmental monitoring program is carried out in 2 phases: construction (proposed to last 1 year) and operation phases for CETP and AMS as shown in Table 5.4. For all CETPs, the auto-monitoring station needs to be installed to measure pH, TSS, COD and flow. For other water quality parameters, the CETP manager has to monitor certain parameters as per the requirements listed in the EIA license. The map of monitoring locations and the GPS information of monitoring location should be included in the EMP report.

Table 5.4 Environmental quality monitoring program for the project

I CONSTRUCTION PHASE

1 Monitoring of air quality

Parameters

and

Frequency

Once for 3 months or at the time of accidents: PM10, total particulate, noise (24-hour average), NOx, SO2, CO.

Positions 1. proposed location of CETP

Compared to QCVN 05, 06:2008; TCVN 5949:1998

2 Monitoring of implementation of CEMP

Parameters

and

Frequency

One a month: indicators of CEMP

Positions 1. proposed location of CETP Compared to Commitments of constructors in construction contract

3. Monitoring of sediments (would only apply in the unlikely event of minor dredging at

CETP outfall, e.g. to increase capacity of discharge canal)


101

101

Parameters

and

Frequency

Once before dredging: pH, Pb, As, Cd, Hg, Al, Fe, Ni, Mn, phenol

Positions At typical river dredging section

Compared to TCVN 7629:2007, QCVN 03:2008, QCVN 07:2009 II OPERATION PHASE

(this program will be conducted together with the monitoring program for IZs, therefore, some parameters and locations will be avoided)

1 Monitoring of air quality

Parameters

and

Frequency

Once for 6 months or at the time of accidents: Temperature, humidity, dust, noise (24-hour average), CO, SO2, NO2, NH3, H2S, CH4, VOC

Positions 1. at the CETP Compared to QCVN 05, 06:2008; TCVN 5949: 1998

2

3

Monitoring of surface water quality

Parameters

and

Frequency

Once per 3 months in the first year of operation At least once every 6 months or at the time of accidents for following years: pH, DO, BOD5, COD, SS, Coliform, turbidity, oil and grease, N-NH4, N-NO3

-, Cl-, P-PO43-, SO4

2-, heavy metals (As, Pb, Hg, Cd, Ni, Cr (III), Cr (VI), Cu, Mn), and active regent. If AMS is applied, pH, TSS and COD will be measured on-line at least.

Positions 1. 1 km upstream of discharge point of CETP

2. location of discharge point of CETP

3. 1km downstream of the discharge point of CETP

4. At the intersection between canal/small river and Day-Nhue (or Dong Nai) River.

5. At location of AMS (if applicable) Compared to QCVN 08:2008

Monitoring of groundwater quality Parameters

and

Frequency

At least once every 6 months or at the time of accidents: pH, TDS, Turbidity, Hardness, N-NO3, N-NO2, total Fe, Cl-, N-NH3, SO42-, E. Coli, Coliform

Positions groundwater near the CETP

Compared to QCVN 09:2008

Monitoring of wastewater

Parameters

and

Frequency

Automatic monitoring station: pH, COD, TSS, and wastewater flow (continuous monitoring) at effluent discharge point. Monthly monitoring at the first year of operation for main parameters At least once every 3 months or at the time of operational failures for the following years: Temperature, pH, COD, BOD, TSS, TDS, Color,


102

102

N-NH4, total nitrogen, total Phosphate, alkalinity, Fe, As, Hg, Pb, Cd, Ni, Cr (III), Cr (VI), Cu, Mn, Sn), oil and grease, total cyanide, total phenol, chlorure, sulfur, fluorure, residual chlorine, total pesticides (organochlorine and organophosphorus), total PCB and coliforms. Some of these parameters would be constantly monitored at AMSs.

Positions 1. Influent of CETP 2. Effluent of CETP

Compared to QCVN 40:2011

4 Monitoring of sludge quality

Parameters

and

Frequency

Monthly monitoring at the first year of operation At least once every 3 months or at the time of operational failures: pH, Pb, As, Cd, Hg, Al, total Fe, Ni, Cu, Zn, Mn, phenols, PAH, total nitrogen, total phosphate, cyanide. Daily monitoring sludge volume disposed

Positions 1. At the anaerobic ponds (if applicable) 2. At the sludge drying bed 3. At the sludge disposal sites

Compared to TCVN 7629:2007, QCVN 03: 2008

5. On-site monitoring

On-site monitoring will be conducted by the CETP at two levels: (i) monitoring pretreatment standards, i.e. quality of individual industrial discharge of each industry connected into the CETP; and (ii) monitoring the CETP performance. Each CETP has their own laboratory which is able to monitor at least simple water quality parameters and help them tracking the suspected pollutants from individual industries. a. Monitoring pretreatment standards CETP owner will check pretreatment standards of individual industries before signing the contract with them for treating their wastewater. The pretreatment standards will be decided by each CETP, which varies from case to case, depending on its treatment technology, capacity and treatment price unit. In most of the cases, industries are required to treat their production wastewater to class C, QCVN 5945:2009 or class B of QCVN40:2011, however, their domestic wastewater could be connected directly to CETP after collection in septic tanks. CETP owner checks pretreatment standard quite frequently to ensure there is no overloading of its treatment capacity and to avoid illegal discharge into its sewage system. If industries do not follow the pretreatment standards, administrative fines, temporary stop to treatment contracts or temporary stops to water supply contracts will be applied. When the industries construct their wastewater systems they have to report to the industrial management board and the CETP the locations of their outlet and boreholes. Its construction


103

103

process will be supervised by the CETP and IZA staff. Therefore, the CETP staff know exactly the location of boreholes for each individual industry and they can collect wastewater samples easily at any time they want. b. Monitoring CETP performance Each CETP will have its own on-site laboratory, which is able to measure the main water quality parameters (at least) such as: pH, DO, COD, BOD, TSS, VSS, VFA, SVI, water flow. CETP laboratory uses standard analysis method and also has QA/QC procedures. Each CETP has a CETP operation manual, which is supplied and trained by construction consultant before commission. During operation, CETP staff has to monitor and record all operating parameters into CETP operation diary and delivery it to the next shift. This procedure helps CETP staff discovers early any risk and factor affecting treatment process and has mitigation measurement on-time. CETP operational log includes following items (recorded for each shift), which will be compared with technical requirement and best operation practice:

- Changes of influent flow (total flow, minimum and maximum flow); - Changes of characteristics of influents or wastewater quality at treatment tanks

(pH, temperature, ORP, BOD, COD, SS (suspended solids), VSS (volatile suspended solids),SVI, DO, color, etc.);

- Changes during operation which could be created by: changes of loading capacity; presence of undegradable components, unsuitable MLSS levels in aerotank; changes of returned sludge and sludge generation rate, temperature variation suddenly; and lack of nutrients, etc.;

- Amount of chemical used (e.g. NaOH, H2SO4, NaOCl, polymer, aluminium, nutrients, etc.);

- Amount of sludge generated; - Operation status or accidents of equipments, operation time for both operating

and spare equipments; - Electricity consumption rate; - Schedule of equipment maintenance (e.g. equipment code, working hours,

accidents, causes, solutions, cleaning, oil changes, etc.); - Results of AMS e.g. minimum, maximum, average, standard devision of flow,

pH, SS, COD; - Changes of effluent concentrations (BOD, Total nitrogen, total phosphorous,

coliforms, TS and other relevant parameters).

5.7 ENVIRONMENTAL MANAGEMENT FUNCTION IN THE IZ

5.7.1 Environmental Department Environmental Department is a section in Industrial Zone Management Board, which has

function of:


104

104

− To advise the corporation manager on environmental management, and wastewater treatment facility as well as to provide environmental consulting services for the customers. − To elaborate and propose environmental management plans, schemes and measures; the centralized wastewater treatment facility operation plan and to provide environmental consultation services for enterprises in and outside IZ. − To cooperate with other competent agencies and customers in environmental management in IZs in compliance with “the Regulation on industrial parks, export processing zone and high-tech parks” which was promulgated together with Decree No. 29/CP on March 14, 2008 by the Government as well as other related regulations. − To operate CETP and other environmental protection activities in IZ. − To inspect, supervise, operate CETP and wastewater quality of enterprises in IZ and conduct repairing in case of failure. − To treat wastewater to meet Vietnam discharge standards. − To manage, operate and utilize CETP efficiency.

Related to CETP operation, Environmental Department has main following tasks:

− Organize plans and required activities of the treatment plants, check and inspect the environmental service contracts, and propose the Director for approval and implementation − Supervise investors on their contract to meet Environmental Protection laws and ISO (if have) at the company, their compliance with environmental standards, discharge standards before connection to the drainage system. − Utilize the available resources, apply technology creativities on CETP management. − Supervise the effluent quality standard to ensure the effluents meeting the standard. − Cooperate with Technical – Infrastructure Departments to maintain the plant and immediately repair any faults of CETP − Hold responsibilities over the contract with environmental consultants; wastes treatments agencies, plant designers, drainage system supervisors and other economical-technical- environmental customers − Utilize available resources, promote upgrades, apply scientific and technical innovations during CETP operation phase − Maintenance the infrastructures of CETP. − Commit to provide and update information as requests by the industries. 5.7.2 Centralized Wastewater Treatment Plant

Organization profile of CETP

Site supervisor 01 person

Lab staff 01 person

Operating staffs 03 people

Maintenance staffs 01 person


105

105

Function: − To manage and monitor compliance with the environment regulations stipulated at Decree No. 29/CP dated March 14, 2008 of the Government on “Regulation on industrial parks, export processing zones and high-tech parks”. - To perform activities of waste water treatment and other environmental protection activities in IZ. − To inspect, monitor, operate CETP and take remedial measures of the station and enterprises in IZ before transferring to CETP. − To treat wastewater in compliance with Vietnam standards prior discharge into environment. − To manage, operate functions of the treatment facility efficiency. − To exploit available resources effectively, R&D activities to improve the operation efficiency − To provide consulting services in designing, connecting, construction and supervision on investors’ waste water discharge in IZ. − To operate, maintain and repair the wastewater discharge infrastructure and CETP properly. − To collect the wastewater treatment fee. − To be compliance with information and reporting policy of the company as well as existing regulation

5.8 REPORTING

The IZA has to supervise the environmental protection activities in IZs and gather all monitoring results to prepare the environmental management report to submit to VEA annually. The content of this report is prepared according to Appendix 1 of Circular 48/2011-BTNMT. IDC has responsibility to conduct environmental quality monitoring following the requirements of approved EIA and prepares the environmental monitoring result report and submit to IZA, DONRE at least twice a year (normally should be 4 times/year). The content of this report is prepared according to Appendix 2 of Circular 48/2011-BTNMT. CETP or IIZD has responsibility to conduct wastewater discharge report and environmental

quality monitoring for CETP performance following the requirements of approved EIA and submits to IZA, DONRE at least twice a year (normally should be 4 times/year). If the sewage system and CETP are funded by the VIMP project, this report should submit to VEPF for reviewing.

5.9 CAPACITY BUILDING

The training is carried only for operation phase because construction of CETP requires high skill workers and this is belongs to contractors' responsibility. The training on the operation case is aimed to ensure the proper operation of CETP, as the results, the impacts on environment will be minimized. The contents of training program could be taken into account with the component 1d of VIPMP (see Tables 5.5 and 5.6).


106

106

Table 5.5 Capacity building program for implementing EMPs

Content Target Number of

participants Time Organization Budget

Training on operation

manual, chemical

analysis, equipment

monitoring, risk

prevention and response

Workers and technical staff of CETP

5 Before operation

Experts or construction consultant

CETP

Training on

environmental

monitoring, automatic

monitoring

Workers and technical staff of CETP

5 Before operation


CETP

Working safety and

sanitary hygiene

Workers and technical staff of CETP,

5 Before operation


CETP

Environmental quality

monitoring and

inspection

IZA, IZD, CETP, other industrial staffs

10/yearly courses

During operation

Experts IZA, IZD, CETP

Environmental

management and risk

management

IZA, IZD, CETP, other industrial staffs

10/yearly courses

During operation

Experts IZA, IZD, CETP

Table 5.6 Capacity building on environmental protection and management through VIPMP

Proposed course Participants Budget

sources Contents should be included in term of Safeguard for CETP

Course 1: Updating Viet Nam legislation system for IPM and sustainable development of river basins at Provincial level

Participant will be updated legal document on industrial pollution management and sustainable development of river basin

VIMP EIA regulation compliance for CETP Discharge standard Effluent monitoring and control

Course 2: Integrated environmental planning and management at Provincial level

Integrated environmental planning and management knowledge of participants is improved

VIMP Water quality modeling Calculation of waste water receiving capacity

Course 18: Designing and conducting environmental education and communication programs at provincial level

The consciousness on environmental protection of VIPM partners will be improved

VIMP EIA disclosure information Monitoring results disclosure Information disclosure on CETP performance Community-based monitoring


107

107

5.10 COST ESTIMATION OF EMP IMPLEMENTATION

A summary of the proposed budgets for recommended environmental management, mitigation and monitoring measures is presented for each of the following key EMP implementation activities:

- Implementation mitigation measures

- Environmental training

- Environmental monitoring cost during construction and operation of CETP

Table 5.7 Estimated typical cost (in VND)of EMP implementation during construction and 1st

year operation of CETP with capacity of 4,000 m3/day

Description Proposed Budget Source of Budget

1 Implementation of Mitigation Measures

Included in the contracts

Loan proceeds

2 Environmental Training for CETP operation

50, 000,000 Loan proceeds

3 Monitoring environmental quality during construction phase (1 year)

20,000,000

Loan proceeds

4 Annual environmental quality monitoring during operation by CETP

800,000,000 Loan proceeds and will be Included in the CETP operation cost after 1 year

5 Environmental protection fee 50,000,000

Loan proceeds and will be Included in the CETP operation cost after 1 year

6 Installation and annual operation of AMS for CETP

1,300,000,000 Loan proceeds and will be Included in the CETP operation cost after 1 year

Total 2,220,000,000*

Note: * annual monitoring cost during operation of CETP is estimated as 400,000,000 VND/year.

5.11 PUBLIC CONSULTATION AND DISCLOSURE OF AN EIA

All the various reports such as discharge report, hazardous waste management report, environmental quality monitoring should be published on website of IZs. All documents should be available at IZ and DONRE offices. IZA has responsibility to disclose the environmental information of IZ to the public media via newspapers, websites, and documents posted at offices of IZA, DONRE, and District People’s Committees.


108

108

The CETP EIA report will be disclosed in English at VDIC and in Washington DC at InfoShop. The Vietnamese version of each report will be disclosed at VDIC, IZA, DONRE and related wards where the CETPs are located.


109

109

CHAPTER 6. GUIDANCE FOR CARRYING OUT DUE DILIGENCE REVIEW OF INVOLUNTARY

RESETTLEMENT

6.1 SELECTION CRITERIA

The project’s criteria to consider an IZ eligible for investment, includes the following provisions related to involuntary resettlement. Selection criteria for IZs a) The Overall Compensation, Support and Resettlement Plan was issued and approved by the Provincial Authorities before the cut-off date, May 2010, date of the project identification mission. This confirms that land was not acquired in anticipation of the project and that the compensation process for involuntary resettlement is substantially advanced. The table below indicates the compensation steps that will have been accomplished by the issuance of the Overall Plan.

b) The World Bank will have assessed the scope of completed or on-going compensation activities in a due diligence report (see further details below) and will have determined they complied with the GoV regulations and are consistent with the Bank’s policy objectives. Two key elements to address will be the existence and functionality of a Grievances and Redress mechanisms responding to claims, queries or any aspect related to the on-going resettlement plan implementation and monitoring of livelihood restoration of affected peoples. If either the Government regulations and/or World Bank policy objectives have not been met, a remedial action plan to be implemented by the IZ will have been prepared by the IZ and cleared by the World Bank.

Steps and tasks division, involuntary resettlement process

Steps Tasks Responsible

(i) Provision of information on land location and notification on the State’s recovery of land

Submitted the application of investment project Investor

Presented location or submits the document to provincial authority for final decision

Competent agencies

Notified the State’s recovery of land. This notification to be disseminated through local mass media, Commune People’s Committee and public places of affected area.

Provincial People’s Committee (PPC)

Authorized land surveying, mapping to prepare the general plan on compensation, support and resettlement

PPC

Prepared the general plan on compensation, support and Compensation, Support and Resettlement Committee


110

110

resettlement. (CSRC) or Land Development Organization (LDO)

Approval of Overall plan on compensation, support

and resettlement which included number of people

affected, land area and budget

PPC or DPC depending on its authorization

The table below includes further information on steps that typically follow the approval of Overall plan.

Overall Compensation and Support Resettlement preparation, steps officially

established (i) Preparation, Appraisal, and Approval of the detailed Compensation, Support and Resettlement Plan

Prepared detailed compensation, support and resettlement plan

Disclosed compensation, support and resettlement plan in the offices and affected areas (in 20 days)

CSRC or LDO

CSRC or LDO

Prepared a minute on received opinion on the compensation, support and resettlement plan with the confirmation from CPC, community based organizations and revise the plan based on received comments.

CSRC or LBO

Appraised the proposed plan and prepare the land recovery decision

Agency of Natural Resources and Environment

(ii) Release of the decision on land recovery, allocation and lease.

Issued land recovery decision DPC and/or PPC depending on its authorization

Issue land allocation and lease PPC

(iii) Approval of the compensation, support and resettlement plan

Submitted the compensation, support and resettlement plan to relevant People’s Committee


Approved the compensation, support and resettlement plan

PPC or DPC (if recovered land located within district)

Publicized the approved compensation, support and resettlement plan


(v) Implementation of the compensation, support and resettlement plan

Disclosed the approved plan (at CPC and public place where land is recovered)

Sent the approved plan to affected people

CSRC or LDO CSRC or LDO


111

111

Paid of Compensation, Support and arrange the resettlement

CSRC or LDO

(vi) Handover of recovered land

Received payment and support Affected People

Handover cleared land to investor

6.2 DUE DILIGENCE

The proposed project will use a due diligence (DD) approach. This approach responds to the fact that the project won’t involve any land acquisition and involuntary resettlement other than that defined in the GoV’s Overall Compensation, Support and Resettlement Plan for the IZs. The DD will review any adverse impacts of land acquisition and resettlement of all lands to be used for the projects’ investment. DD will be conducted for all resettlement activities previous to the cut-off day, that caused land acquisition and involuntary resettlement in the CETP area and marginal on-going resettlement activities to be carried before loan submission for subproject investment. Impacts related to the CETP Procedures to be followed for CETP investments as related to OP 4.12. For Component 2, in this project, the “CETP service area” is defined as being: i) the land area within the IZ physically occupied by the CETP which will be financed by the project, or the area already occupied by an CETP if the project is upgrading it; and ii) the entire land area within the IZ that will be occupied by industries that are or will be serviced by the CETP. The procedures include the following steps. (i) VEPF, on the basis of the information on the actual status of the resettlement and

compensation (related to the affected households originally associated with the proposed CETP service area), will undertake a due diligence (DD) review of the resettlement and compensation made within the “CETP service area”. The DD will need to confirm if compensation payment, resettlement, livelihoods restoration of affected peoples in the proposed CETP service area are completed, or substantially advanced. It will confirm whether the resettlement, compensation payment, and support for livelihoods restoration undertaken before was in accordance with the government’s norms and regulations, and if the resettlement outcomes, and the way the compensation, resettlement were done, meet the objectives of Bank’s OP 4.12 on Involuntary Resettlement. The DD report will need to confirm, on the basis of the DD review above, if there are any pending issues and recommend measures and specific actions that need to be timely taken by VEPF and pertinent local authorities to bring the resettlement in line with WB’s OP 4.12. The final DD report must be submitted to the Bank as part of the package required for the subproject loan appraisal submission procedures.


112

112

World Bank will review the DD report prepared by VEPF. On the basis of the review results, the Bank may ask for additional information, or clarification, to enable the Bank to process the subproject appraisal, and to monitor pending issues, if any, as part of Bank’s regular Implementation Support Mission. The Bank will request that such actions are implemented and that there is a time bound reporting to show the satisfactory implementation of the identified actions.

(ii)

The DD report method used for gathering the information, includes desk review of documents issued by the Provincial, District and Communes levels, methods for gathering and analyzing the qualitative and quantitative information gathered in the field, results of the interviews with displaced persons, and analysis of other pertinent issues and documents related to involuntary resettlement and land compensation on a case-by-case basis. In particular attention will be paid to: (i) Review of the official documentation that certifies the stages accomplished for the

planning and implementation of the involuntary resettlement Information gathered will include:

• Number of people displaced • Entitlements of people displaced; • Eligibility criteria used for compensation payments according to the government

regulations • Types of land and methods used for valuing the land according to the government

regulations • Compensation status • Description of grievances mechanisms • Description of consultations and its outcomes • Programs implemented for income restoration, including allowances paid and

capacity building programs • Resettlement schedule and dates of compensation payments completion • Grievance and redress mechanism in place and in operation • Legacies or liabilities pending • Disclosure of information to affected people

6.3 MONITORING

The Bank will carry out monitoring during project implementation focused on subjects identified in the DD. Monitoring will be integrated as part of the project overall supervision during implementation. Monitoring will look at:

• Resettlement and compensation payments completion


113

113

• Assessment of whether the compensation, assistance, resettlement done by local government/IZ owners are in line with the objective of Bank’s OP 4.12. In particular the project will monitor livelihood restoration of affected peoples in the CETP area

• Ensure all people’s claims on the pending activities are solved

• Collaborative activities between the IZ and the Bank to anticipate any adverse impacts arise during implementation will be in place ensuring adequate documentation as part of all missions’ Aide Memoires.

For all subprojects, collaborative activities between the IZ and the Bank to anticipate any adverse impacts arise during implementation, will be in place ensuring adequate documentation as part of all the mission’s Aide Memoires.

At project level during implementation the Bank in all cases will: (i) monitor completion of compensation payment if cases with substantially advanced compensation and minor remaining activities to be carried out; (ii) will issue annual reports on the status of affected households’ livelihood restoration through means of compensation and other support and allowances to ensure compliance with the Vietnamese Laws and regulations and consistency with the Bank’s OP Operational Policy 4.12. In doing so, the Bank will continue to monitor and assess that all affected peoples in the CETP area have restored their incomes, and that income opportunities and provision of requirements such as training , support with allowances and other needs identified were provided. Income restoration through land replacement will look at the fulfillment of impacted people’s preferred options, for those who depend on land-based livelihoods.

6.4 PARTICULAR CASE OF LAND ISSUES AT LANDFILL SITES

Sludge and solid waste will be produced by Bank-financed CETPs and will have to be disposed of appropriately as described elsewhere in the ESMF, depending on whether or not it is categorized as hazardous waste. Landfill sites where wastes would be disposed of will be already in existence and not created in anticipation of the Bank project. If for any reason the landfill site had to be or will have to be expanded to accommodate IZ-produced waste generated by the project-financed CETP, then DD would have to be carried out for the additional areas as described above, provided the expansion was not in anticipation of the Bank project and was undertaken before the cut-off date.


114

114

CHAPTER 7. PUBLIC CONSULTATION AND DISCLOSURE OF ESMF

7.1 PUBLIC CONSULTATION

During preparation of the ESMF, the environmental consultant team did not organize any community consultations due to lack of information on which IZs were to receive the first financing. Such consultations would take place as part of the preparation of each individual EMP. However, many intensive meetings, workshops and expert consultant dialogues have been conducted with various stakeholders. The target groups for asking for comments on the ESMF as part of a consultation process were: (1) representatives of Provincial People's Committees of the four participating provinces; (2) representatives of provincial DONREs and of DOITs; and (3) potential CETP investors. The approach of the EIA and EMP was presented in a stakeholder workshop on 29 September, 2012 with participants from all four provinces. One comment was on the importance of reducing the number of environmental reports that need to be prepared as part of the preparation/implementation of the project.

7.2 LIST OF ACTIVITIES, MEETINGS, AND RESPONSES

The following table lists the various meetings that were conducted by the environmental consulting team as part of the preparation of the ESMF. From each meeting, the comments received have been taken into account in the ESMF preparation. Table 7.1 List activities and meetings and their contents

Times Meeting persons/positions Objectives and Comments

Received How Comments were Taken into Account

12/08/2011 Nam Dinh DPI Nam Dinh DOP Nam Dinh documents of Industrial zones List of targeted IZs

List of targeted IZs were reviewed

15/08/2011 8:00am-9:00

BRVT DPI (Mr. Dang Minh Thong, Deputy director; Tran Thi Cam Le, local planning management, 0977834778)

BRVT DOP BRVT documents of Industrial zones

List of targeted IZs were reviewed

9:30-10:00 Pollution control office, DONRE Ms. Tran Ngoc Thanh

IZ Environmental management Hazardous waste, industrial waste Oil peak risk management and emergency-response plan and program

Proposed solutions of hazardous sludge treatment Understanding on function of IZAs

10:00-10:30 Mr. Nguyen Van Tu Chairman member committee; Mr. Bui Ke

Information, documents of My Xuan B1-Dai Duong Iz

Review of targeted IZs in Dong Nai Province.


115

115

Nhan, Vice Director of Dai Duong Company, 0903007767

10:30-11:00 Mr. Dang Nhu Bao, Head of project department, Thanh Binh Phu My Joint Stock Company

Information, documents of Phu My Iz

Collect and review EIA report of Phu My

11:00-12:00 Environmental Monitoring Center Mr. Kiet, Deputy Director, 0903809553

Information and reports of environmental monitoring in BRVT Discuss on AMS and SWOT of monitoring activities

Understand the needs and capacity of center to set up the training program Screening the location of AMS.

12:00 – 12:30

BRVT DoI, Environmental Safety Supervision Office, 0902444717

Role of DoI on industrial pollution control Chemical management Chemical emergency response activity and risk prevention

14:00-15:00 PC49, Environmental violation prevention office, Police Office, Mr. Le Van Minh, 0913948741; Mr. Duong Khanh Toan, Mr. Duong Khanh Toan, 09099920584

Role of PC 49 on industrial pollution control Gap and difficulties when applying the Vietnam legislation on industrial pollution control

Identify the role of PC49 and discuss their role in the VIMP project

15:00 – 16:30

BIZA, BRVT industrial zone management agency

Role of BIZA Gap of policies and regulation, Decree No.29 Document of project

Role of BIZA on EIA appraisal is taken into account

16/08/2011 Dong Nai 8:30 – 9:30 Tran Anh, DoI, Mr. Phuc,

PC49, Dong Nai DOP, working plan Dong Nai documents of Industrial zones

Introduce the EMF role and interview them on their role and function

9:30-10:00 Mrs. Hang, Tin Nghia Company

Investment and documents of Ong Keo, Nhon Trach 3 and Nhon Trach 6 IZs

Visit the site and collect EIA Weakness of existing EIA is taken into account

10:00-10:45 Mr. Nguyen Manh Van, Deputy DIZA, 090631820

Role of DIZA Gap of policies and regulation, risk management, environmental monitoring reports Decree No.29 on EIA management Documents of projects

Building capacity for DIZA and enforcement environmental quality monitoring are taken into account

10:45-11:30 Mr. Trinh Trong Trung, DEPA, 0937276468

Industrial waste, hazardous waste sludge management Impacts of IZs on environmental, risk Water quality of Dong Nai and Thi Vai Rivers

Assessment on sludge treatment


116

116

11:30-12:30 Mr. Nguyen Xuan Hoang, Head of laboratory, 0919692888

Budget and environmental monitoring network in Dong Nai Environmental quality problems in Dong Nai Auto-monitoring stations at Vedan, Formosa, Bau Xeo Industries

Enhance the environmental quality monitoring and control are taken into account

13:30 – 14:30

Mr. Nguyen Hoang Hung, Director of Dong Nai environmental monitoring

Environmental monitoring network Dong Nai Environmental Protection Fund Visit the laboratory facilities

Enhance of environmental quality monitoring and control are taken into account

15:00-15:30 Dong Nai Trafic works Joint Stock Company, Vo Thanh Hien, 0983393315; Mr. Tran Huong Quang, 0913732289

Documents and information about Thanh Phu IZ and its CETP

Assessment of existing EIA

15:30-16:00 Blue Ocean Technology Joint Stock Company, Ms. Nguyen Thi Xuan Loan, 0903665809

Design of Thanh Phu CETP Check the treatment technology

15:30-16:30 Sonadezi, Mrs. Nguyen Thi Thuy Linh, 0918221581, Deputy head of project management

Problem of environmental monitoring and management of Sonadezi (Long Thanh IZ) Documents and information about Giang Dien IZ and its CETP Quang Trung hazardous waste management Environmental risk Decree No.29 on EIA management

Enhance of environmental quality monitoring and control are taken into account

17/08/2011 Ha Nam DPI Ha Nam DOP Ha Nam documents of Industrial zones

Screening the IZs Explain the screening process to them and receive the feedback, modify the screening form

20/9/2011 Stakeholders Workshop Representative from 4 provinces comment for reports of consultants; screening process

Explain the screening process to them and receive the feedback, modify the screening form and criteria

30/9/10 Working with provinces on priority of CETP projects

List of ready CETP projects Collect the data and their information for EIA review

02/04/2012 Meeting with potential candidate IZs in Dong Nai Provinces (NT3, NT6, Ong Keo IZ)

Gathering EIA reports and information Visit the sites Understand about their organization and potential of

Collect the data and their information for EIA review


117

117

Meeting with Investor (Tin Nghia corporation) Visit NT3 and NT6 CETP sites

investment, investment process

03/04/2012 Meeting with potential candidate IZs in Ba Ria Vung Tau (Chau Duc) Meeting with Sonadezi corporation

Gathering EIA reports and information Visit the sites Understand about their organization and potential of investment, investment process

Collect the data and their information for EIA review

Discussion with VEPF Comment on their technical guidance

VEPF capacity and their project appraisal is taken into the ESMF

Discussion with technical reviewing consultant team

Ask their comment on their technical guidance

Their comments are included in appendix of ESMF

7.3 INFORMATION DISCLOSURE

A draft English version of the ESMF was disclosed at the World Bank's InfoShop in Washington, DC on 1 June 2012 and at the Vietnam Development Information Center (VDIC) in Hanoi on July 6, 2012. The draft Vietnamese version of ESMF was disclosed both at VDIC and on the MPI web site on 20 July 2012. At the completion of appraisal, the final versions in English and Vietnamese will be similarly disclosed.


118

118

CHAPTER 8. INSTITUTIONAL ARRANGEMENTS FOR SAFEGUARDS ASPECTS OF THE PROJECT

8.1 INSTITUTIONAL ARRANGEMENTS

8.1.1 VIPMP Institutional Structure

The Institutional structure for VIPMP is proposed in Figure 8.1.

Project proposed organization:

Project proposed organization is Department of Economic Zone Management (DEZM) of Ministry of Planning and Investment.

Project Management Unit:

Central Project Management Unit (CPMU) is Ministry of Planning and Invesment.

Project Management Unit of sub-projects (PMU): they are including Ministry of Planning and Invesment, Ministry of Environment, and Provincial People’s Committees of Nam Dinh, Ha Nam, Dong Nai and Ba Ria Vung Tau.

Project executing organization:

- Department of Economic Zone Management (also is Central Project Management Unit) (CPMU-MPI);

- Vietnam Environmental Administrative (PMU-MONRE)

- Vietnam Environmental Protection Fund (VEPF)

- Provincial People’s Committees of Nam Dinh, Ha Nam, Dong Nai and Ba Ria Vung Tau.

Investors of wastewater treatment plant

Investor on construction of wastewater treatment plant at candidate IZs which borrow money from the VIPMP.


119

119

Figure 8.1 Institutional structure for VIPMP

Note: Leading relationship

Cooperation relationship

Central Project Management Unit (CPMU-MPI) in MPI; PMU at MONRE (PMU-

MONRE); PMU at VEPF (VEPF); PMU at PPCs of Hà Nam (HN PPC); Nam Định (ND

PPC), Đồng Nai (ĐN PPC); Bà rịa-Vũng Tàu (BRVT PPC)

PMU MONRE (VEA)

WB

CPMU-MPI (DEZM)

BRVT PPC (DPI, DONRE, IZA,

PC49)

PROJECT STEERING COMMITTEE MPI, MONRE, MOF, 4 PPC

Nam Dinh PPC (DPI, DONRE, IZA,

PC49)

Dong Nai PPC (DPI, DONRE, IZA,

PC49)

VEPF

IZD, Investor of CETP in Ha Nam

IZD, Investor of CETP in Nam Dinh

IZD, Investor of CETP in Dong Nai

IZD, Investor of CETP in BRVT


120

120

Table 8.1 Tasks of organization related to VIPMP

Organization Task in VIPMP

Project Steering Committee (PSC)

Lead and instruct all project activities via leading of CPMU-MPI and PMU of sub-projects such as PMU-MONRE, VEPF, PMU-PPC. Members of PSC will meet every 6 months to monitor and evaluate the project works.

Ensure the project strategy is aligned with Development orientation of Vietnamese Government

CPMU-MPI (DEZM)

- General coordinator

- Gather all plan, report from PMU-MONRE, VEPF and PPMUs

- Prepare and submit the progress report

- Has separate bank account to receive money from WB and finance for all sub-project activities under MPI management and under PMU management.

- Set up, complete, supervise, instruct and supports local provinces to implement project management regulations of Government and Donors.

- Contact persons for all communication between projects and stakeholders

- Primary role for the management and implementation of Component 3 of VIPMP and cooperate with VEPF to manage Component 2.

PMU-MONRE (VEA)

- Manage and coordinator the component 1

- Plan, implement and report of their sub-project

- Propose PSC and CPMU the decision for their sub-project

- Has separate bank account to receive money from WB and finance for all sub-project activities from VIPMP under MONRE management and DONRE

- Primary role for the management and implementation of Component 1 of VIPMP

- Supervision of environmental aspects of AMS

VEPF - Main coordinator for implementing component 2 for 4 provinces

- Has separate bank account to receive money from WB and finance for all sub-project activities from VIPMP under VEPF management and IZAs.

- Environmental appraisal of CETP loans and supervision of them

IZDs

- Receive the loan from VIPMP to invest the component 2 Following the commitment with VEPF

- Report to IZAs on related issues

- Put the CETP operation on-time with proper and correct technical design


121

121

- Return money on time

- Organize the bidding procedure and tending as requirement of WB policies and Vietnamese government

- Manage cash flow as ODA requests.

Source: Report of CS2-training study group.

8.1.2 Institutional arrangements for social management issues

At national level: Ministry of Planning and Investment (MPI) responsible for economic plans, preparing national investment plans, and determining external assistance requirements. (ii) Department of Economic Zone Management (DEZM); (iii) Industrial Safety Techniques and Environment Agency ; and Provincial Environmental Police Department (PEPD) (see details in other chapters of the ESMF). The Vietnam environmental Protection Fund (VEPF) in charge of the implementation will collaborate with WB to obtain of land-related information required for the DD report. At provincial level: In provinces the Provincial People’s Committees, in charge of execution of involuntary resettlement and compensation, as per the legal regulations. PPCs will provide to the Bank all the land-related information required for DDs reports and will inform of any problems if confronted during the project implementation.

8.1.3 Review and Clearance Procedures

During the implementation of the project, a number of safeguard instruments will be produced which will need to be reviewed to ensure compliance with the requirements of the Government of Vietnam and of the World Bank. The following sections clarify these procedures. Construction phase of AMSs and of CETPs The ESMF includes Environmental Codes of Practice (ECOPs) to provide guidance to contractors on complying with environmental and social best practices. The ECOPs, and site-specific mitigation measures if necessary, will be included in bidding documents. However, the translation of the rather general measures of the ECOPs into specific measures is a critical step. The bidding documents will require that the contractor prepare a Construction Environmental Management Plan (CEMP) which will include the details of how the various needed mitigation measures will be implemented. The CEMP must be reviewed and cleared by the Engineering Supervision Consultant (ESC) who is also responsible for ensuring that it is followed during construction. In the event of non-compliance, the contract should include provisions for assessing financial penalties or provisions for stopping construction until remedial actions are taken. Environmental Impact Assessment (EIA) of CETP prepared for GoV


122

122

As per GoV requirements, the IZ must prepare an EIA for the IZ (including the CETP) or, as of 2011, must prepare a CETP-specific EIA. Approval of this document is the responsibility of competent government authorities. For CEPF-specific EIAs, approval is by MONRE if the CEPT capacity is greater than 5000 m3/day and by the provincial DONRE if the CETP has a lesser capacity. Approval of the EIA by Government authorities is a pre-requisite for a loan application to be considered by the VEPF. EIA for the CETP prepared for VIPMP The EIA as described in this ESMF is the document that will be reviewed by VEPF to ensure compliance with environmental safeguard requirements. The document will summarize the findings of existing EIAs and present a detailed environmental management plan. Depending on the circumstances of each CETP, there may or may not exist an adequate EIA covering environmental issues relating specifically to the CETP. If an adequate EIA does not exist, supplementary work would need to be undertaken, as per guidance provided in the ESMF. This document must be prepared by the industrial zone (IZ) and then reviewed by VEPF as part of their loan appraisal procedures. Further details are provided in the Project Operational Manual (POM) of VEPF. The VEPF must refer to the content of the ESMF when carrying out the technical review. The World Bank reviews and clears the EIA for those subprojects that are ready by the time of the Appraisal of the project and which will be financed in the first year of the project. Two IZs have presented such documents and applications for loans during the first year of the project: Chau Duz IZ in Ba Ria-Vung Tau Province and Nhon Trach 3 in Dong Nai Province. Because of the small number of sub-project loans under the project, the World Bank will continue to review and clear all the EIAs under the project, subsequent to their review and clearance by VEPF. Internally, the Bank task team will characterize the sub-project as equivalent to a Category A project (taking into account the definition of a Category A project defined in OP 4.01) or equivalent to a Category B project. In the former case, the review and clearance is conducted by the relevant Sector Manager; in the latter case the review and clearance is carried out by the Task Team Leader. In both cases, the review process relies on the inputs of the social and environmental safeguards specialists of the Bank team. Wastewater Discharge Report This report is a GoV requirement and resembles closely the EMP. It must be prepared by the IZ and is approved by the relevant DONRE.

8.2 TECHNICAL CAPACITY OF RELEVANT AUTHORITIES AND NEEDS FOR STRENGTHENING

Technical capacity for the carrying out of industrial pollution management functions and tasks of relevant authorities have been evaluated based on following aspects:

- Office equipments/facilities


123

123

- Information management infrastructure and reporting systems

- Environmental monitoring equipments

- Transportation facilities/vehicles

As revealed by direct interviews and field visits of CS2 group, technical capacity is inadequate for the undertaking of assigned functions and tasks. Following evaluation can be made in terms of technical capacity in relevant authorities in 4 selected provinces:

- Except IZA of IZs, every authority (e.g. EPA, PCEM and PEPD) said that the current system of their office facilities and information management infrastructure (e.g. computers, photocopiers, vehicles, field investigation and survey devices, etc…) is inadequate and very old (or obsolete).

- The equipment and devices on environmental monitoring and vehicles necessary for the performance of the functions on the supervision of environmental performances by enterprises inside IZs have not been equipped appropriately and adequately for IZA, DONREs and PEPDs in 4 provinces.

In order to assess individual training needs, a questionnaire was designed on August, 2012 and delivered to every staff directly involved in the process of industrial pollution and water resource management in related units under MONRE, MPI, MIT, Ministry of Police at central level and DONREs, DPIs, IZA, DITs and PEPD in 4 provinces for information collection. There is a total number of 330 staff sent their feed-back on personal training needs. Table 8.2 presents the number of staff who expressed their needs for training provision in accordance to the topics and levels of proposed training.

Table 8.2 Estimated Personnel Training Needs

Training topics

# staff stated their needs for training provision

Intensive Intermediate Basic

I. Environment management

1. Vietnamese legislation system on industrial pollution prevention and the sustainable development of river basin

93 73 41

2. Environment management and planning 106 71 30 3. Industrial Pollution Management Policy Formulation 82 62 45 4 Environment Inspection and Supervision 94 60 36 5 Water Resource Management and Quality Control 84 79 34

6 Development and deployment of early warning pollution systems

75 81 40

7 Develop and implement EMS in an enterprise and/or industrial park in accordance to ISO

61 90 45

II. Environmental monitoring

8

Environmental monitoring techniques 94 73 43


124

124

9 Environmental data processing, analysis and preparation of environment pollution assessment reports

114 71 24

10 Environmental impact assessment techniques 118 62 23

11 Develop, operate and manage an environmental monitoring system

79 84 40

12 QA/QC program design, development and deployment in environmental monitoring activities

57 83 56

13 Environmental monitoring equipment management and maintenance

56 68 64

14 Design and develop environmental database 63 100 39 15 Application of ICT into environmental monitoring 68 102 34

16 Develop and deploy an environmental monitoring program at enterprise level for the purpose of industrial pollution control

79 86 32

III. Environmental information

17 Design, develop and deploy the programs of public awareness raising on environment

70 92 40

18 Communication skills on environment 74 84 41

19 Community based environmental management planning

53 89 46

IV. Others

20 Skills on internet and Office software using 81 92 31 21 English 123 71 20

Source: Report of CS2-training study group, VIPMP.

The technical capacity of VEPF is important as it is ultimately responsible for reviewing the quality of the EIAs. VEPF now has 21 professional staff working of which 3 have Masters degrees and of which 7 are environmental expert. They have environmental officers who are familiar with safeguard aspects of CETPs as they have financed a number of similar operations. However, they also need more specific training and will be included in the capacity building programs described below. Because of the small number of CEPF EIAs to review, the World Bank will also review all EIAs and that will help ensure better quality as well as to provide additional training.

8.3 PROPOSED CAPACITY BUILDING PROGRAM

Capacity building is a continuous process. The capacity building program for a better industrial pollution control (IPM) designed by the Project is a five-year program, from 2013 to 2017. MPI will lead this program in consultation with line ministries and other stakeholders.

The capacity building program is designed based on results of interviews about the capacity building needs of industrial pollution control of related governmental and non-governmental agencies and their staff. The program includes 22 training topics, among which there are 136 courses at all levels, several national and provincial consultation workshops, oversea study tours, oversea and/or in-country fellowships.

The estimated cost for training program is about 4.7 million USD (Table 7.1)


125

125

Table 8.3 Estimated annual cost for training program

Year 2013 2014 2015 2016 2017

Total

(USD)

Training courses 228,000 418,000 476,000 342,000 232,000 1,696,000 Workshops 100,000 80,000 120,000 120,000 140,000 560,000 Study tours &

Fellowship 120,000 180,000 130,000 100,000 20,000 550,000

Research and technical

guidelines 220,000 570,000 740,000 380,000 40,000 1,950,000 Total (USD) 668,000 1,248,000 1,466,000 942,000 432,000 4,756,000

Based on the review of institutional capacity and arrangement, following areas of knowledge should be required for the performance of industrial pollution management:

o General Administration (Public sector): activities within the public sector which involve an explicit environmental dimension or function (for example, environmental protection agency, inspection teams, environmental tax collection and administration, Government departments etc);

o Tools of Environmental Analysis and Assessment: SEA, EIA, environmental statistics, monitoring and information system development/management, etc…

o Environmental Research and Development: planning, implementation and administration of R&D programs;

o Pollution control measures and technologies: Air Pollution Control; Wastewater Treatment; Waste Management; Remediation and Clean up of Contaminated Land and Water; Noise and Vibration Control;

o Environmental Management (private sector): activities within the private sector which involve an explicit environmental dimension or function. For example, environmental management system operation, ISO14001 management and operation, environmental audit work etc.

As working for environmental authorities being in charge of industrial pollution and water resource management, the employers should have good understanding of the role of the regulator; industrial pollution management; the legislative context of industrial pollution control; the technical guidance and sources of information; the procedural and administrative


126

126

requirements; emission and effluent monitoring, measurement and control; pollution prevention and control aspects of waste management and following skills:

o Key general skills: apply the pollution prevention and control regulatory system to permitted installations; use guidance and legislation appropriately to produce and manage permits in respect of permitted installations; use appropriate numerical and mathematical skills; communicate effectively with operators; use good practice in regulatory management;

o Cognitive skills: use scientific techniques, tools and data to predict and evaluate the effects of pollution and pollution incidents on health and the environment; appreciate abatement technology and how it is employed in installations; appreciate the technical, economic, commercial, legal and other factors that drive decisions about pollution control; compare, contrast and critically assess different approaches and techniques for solving pollution problems; analyze, interpret, and extract relevant information from monitoring reports; inspect installations with a view to compliance with permits

o Practical and/or professional skills: apply the principles, concepts and techniques of pollution prevention and control in professional and commercial contexts; develop practical skills in writing and producing permits, variations, and enforcement notices; develop practical skills in inspection and enforcement of the pollution prevention and control legislation;

Based on the results derived from desk-review of current institutional system and arrangement, direct interviews with leaderships of relevant authorities, the objectives of VIPMP and consultation with stakeholders in the workshop held on 14th and 15th July 2011, a set of training topics have been proposed to be delivered under VIPMP in order to improve and enhance human resource capacity of relevant. The training courses could be grouped in 4 modules as following:

Module 1. Environment management

The objectives of training under this module are to provide a broad overview and a setting for examining effective and practical policy, legal and management instruments for IPM (including training courses from No. 1 to No. 11).

Module 2. Environment monitoring

The objectives of training under module 2 are to improve capacity of environment monitoring (including training courses from No. 12 to No. 18).

Module 3. Environment information


127

127

The objectives of training under this group are to provide a basic knowledge and skills of public participation and information sharing for a better IPM (including training courses No. 19 and No. 20).

Module 4. Other training No 21 and No. 22 for VEPF

VEPF will employ the consultant to help them review and appraisal EIA, FS, basic design and bidding document, therefore, the building capacity for them mostly focus on financial support and loan procedure.

Note that the costs of the capacity building program are included in the project design for VIPMP

Table 8.4 Proposed contents, cost and schedule of capacity building program for VIPMP

Ref.

No.

Training, Workshop,

Study Tour Description

Estimat-

ed Cost

USD

Expected

Outcome/activity

description

Estimated

Duration

Start

Date

Comments

1 Course 1: Updating Viet Nam legislation system for IPM and sustainable development of river basins at central level

16,000 Participant will be updated legal document on industrial pollution management and sustainable development of river basin

1 course June, 2013

Self-implementation

2 Course 1: Updating Viet Nam legislation system for IPM and sustainable development of river basins at Provincial level

24,000 Participant will be updated legal document on industrial pollution management and sustainable development of river basin

2 courses July, 2013

Self-implementation

3 Course 2: Integrated environmental planning and management

16,000 Integrated environmental planning and management knowledge of participants is improved

1 course (Central level)

September, 2013

Self-implementation

4 Course 2: Integrated environmental planning and management at Provincial level


2 courses (Provincial level)

October - November, 2013

Self-implementation

5 Course 2: Integrated environmental planning and management at Provincial level


2 courses (Local level)

February, 2014

Self-implementation


128

128

7 Course 3 - Concepts of IWRM. Application in Nhue-Day and Dong Nai river basins

16,000 The partners of VIPM project will be provided the concepts of IWRM

1 course central level

April, 2013

Self-implementation



2 courses Provincial level

May, 2013

Self-implementation



2 courses Provincial level

March, 2014

Self-implementation

10 Course 4 - Environment auditing. Application in Nhue-Day and Dong Nai river basins at central level

25,000 The partners of VIPM project will be provided the knowledge on Env. Auditing

April, 2014

Self-implementation

11 Course 10 - Project management

13,000 Project management skills of VIPM partners will be improved

April, 2014

12 Course 11: Specialized Environment English course

40,000 The English on environment of Government staff (who are partners of VIPM project) will be improved

1 course March – June, 2014

Self-implementation

13 Course 12 - Designing and developing methodology for water environment monitoring system in river basins

32,000 2 course provincial level

May, 2014

14 Course 18: Designing and conducting environmental education and communication programs at provincial level

24,000 The consciousness on environmental protection of VIPM partners will be improved

2 course provincial level

June, 2014

Self-implementation

15 Course 21: Training for financial management for Loan

10,000 Improve the financial management skills for loan project for VEPF officers

1course March 2013

Self-implementation

16 Course 22: Training on Loan project cycle management for VEPF

10,000 Improve Loan project management skill for VEPF officers

1 course March, 2013

Self-implementation

17 One-week study tour in a developed IPM country for members of the Project Steering committee (15 persons)

120,000 The knowledge on IPM of the Government Leaders (from central to local) will be developed

1 week August 2013

Shopping

18 One-week study tour in a developed country on

40,000 1week May, 2014

Shopping


129

129

automatic environment monitoring equipment for operational staff (by person)

19 Inception project workshop

40,000 The contents of VIPM project will be introduced to relevant Ministries, provinces under the support of the project

January 2013

Self-implementation

20 2 Orientation workshops on on-lending mechanism for component 2 (1 in Hanoi and 1 in Dong Nai)

40,000 February, 2013

Self-implementation

21 Project Consultation workshops on Capacity Building plan

20,000 March, 2013

Self-implementation

22 National Consultation workshops on Capacity Development for Management of Industrial zones in Nhue – Day and Dong Nai river

40,000 June, 2014

Self-implementation

23 Designing and issuing handbook on on-lending program using WB's financial sources

20,000 February –May, 2013

Self-implementation

24 Research and development of Sustainable Industrial Structures (industrial ecosystems, Eco-Industrial parks, Resource recovery parks, etc) (lump sum)

150,000 January – June, 2014

Shopping