SOCIALIST REPUBLIC OF VIETNAM SOUTHERN WATERWAYS LOGISTICS CORRIDORS PROJECT DRAFT ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) 4th Revised Version FEBRUARY 2022 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Socialist Republic of Vietnam (the Borrower) shall implement the Southern Waterways Logistic Corridors (SWLC) Project (the Project), with the involvement of the following agencies: Ministry of Transport (MOT)/ Project Management Unit – Waterways (PMUW); Ho Chi Minh City and Dong Nai, Long An, Ben Tre, Tien Giang and Vinh Long Provincial People’s Committee (PPCs). The International Bank for Reconstruction and Development Bank (hereinafter the Bank) has agreed to provide financing for the Project. 2. The Borrower shall implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs) of the Environmental and Social Framework (ESF) of the Bank. This Environmental and Social Commitment Plan (ESCP) sets out the responsibility of the Borrower for material measures and actions, any specific documents or plans, as well as the timing for each of these. 3. The Borrower shall also comply with the provisions of any other Environmental and Social (E&S) documents required under the Environmental and Social Framework (ESF) and referred to in this ESCP, such as Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), Resettlement Policy Framework (RPF)/Resettlement Action Plans (RP), Ethnic Minority Planning Framework (EMPF), Ethnic Minority Development Plans (EMDP), Stakeholder Engagement Plan (SEP), Labor Management Procedures (LMP), and the timelines specified in those E&S documents. 4. The Borrower is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in Para 1 above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Bank by the Borrower as required by the ESCP and the conditions of the legal agreement, and the Bank shall monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Bank and the Borrower, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Borrower, through the MOT/PMUW, shall agree to the changes with the Bank and shall update the ESCP to reflect such changes. Agreement on changes to the ESCP shall be documented through the exchange of letters signed between the Bank and the Minister of Transport. The Borrower, through the MOT/PMUW shall promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Borrower shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental, health, and safety impacts, labor influx, child labor, gender-based violence, sexual exploitation and abuse, and sexual harassment. Southern Waterways Logistic Corridors Project (SWLC) P a g e |2 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY MONITORING AND REPORTING REGULAR REPORTING Prepare and submit to the Bank regular monitoring reports on Quarterly internal monitoring MOT/PMUW environmental, social, health and safety (ESHS) performance of the reports by PMUW submitted to Project, including but not limited to the implementation of the ESCP, the Bank by the end of the first status of preparation and implementation of E&S documents required week of the subsequent quarter; under the ESCP, stakeholder engagement activities, functioning of the and six-monthly independent A grievance mechanism(s). monitoring reports by the Independent Environmental and Social Monitoring Consultant (IESMC) submitted to the Bank by the end of the first week of the subsequent six-month period INCIDENTS AND ACCIDENTS Promptly notify the Bank of any incident or accident related to the Report any incident or accident to MOT/PMUW Project which has, or is likely to have, a significant adverse effect on the the Bank within 24 hours and no environment, the affected communities, the public or workers including, later than 48 hours after for example, occupational accidents that could result in death or serious becoming aware of the injury, cases of gender-based violence or violence against minors, occurrence of the incident or injuries, falls, vehicle accidents and electrocution. Provide sufficient accident. A subsequent report detail regarding the scope, severity, and possible causes of the incident shall be provided within a B or accident, indicating immediate measures taken or that are planned to timeframe acceptable to the Bank. be taken to address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the Bank’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. Southern Waterways Logistic Corridors Project (SWLC) P a g e |3 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY INDEPENDENT THIRD-PARTY MONITORING MOT/PMUW Hire the consultant by no later Hire an independent environmental and social monitoring consultant to than 30 days after the Effective conduct periodic monitoring of ESHS implementation, particularly for Date and retain throughout C civil works and preparation of monitoring reports. The Borrower shall Project implementation. implement the recommendations and findings of the consultant in a Monitoring reports to be manner acceptable to the Bank. submitted to the PMUW every 6 months throughout project implementation. CONTRACTORS MONTHLY REPORTS MOT/PMUW Require contractors and supervising firms to provide monthly Monthly progress and monitoring monitoring reports on ESHS performance in accordance with the reports shall be prepared and contractor environmental and social management plans (C-ESMP) and submitted throughout the Project ESHS metrics specified in the respective bidding documents and implementation. contracts, including : (i) environmental and social incidents or non- compliances with contract requirements, including contamination, pollution or damage to groundwater and surface water supplies; (ii) D health and safety incidents, accidents, injuries that require treatment and all fatalities; (iii) interactions with regulators; (iv) status of all permits and agreements; (v) health and safety supervision; (vi) worker accommodation; (vii) health services; (viii) gender issues due to impact of labor influx; (ix) GBV/SEA/SH, child or forced labor; (x) training; (xi) environmental and social supervision; (xii) grievances; (xiii) Traffic, road safety and vehicles/equipment; (xiv) environmental mitigations and issues; and (xv) compliance; and submit such reports to the Bank ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS Southern Waterways Logistic Corridors Project (SWLC) P a g e |4 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY ORGANIZATIONAL STRUCTURE Maintain the PMUW with qualified staff and resources to support PMUW has been established and • MOT/ PMUW management of E&S risks and impacts of the Project including at least shall be maintained, as set out in one Environmental Specialist and one Social Development Specialist the Loan Agreement. Three (3) responsible for ensuring compliance with the ESF and relevant specialists including one (1) 1.1 instruments, a Grievance Redress Mechanism (GRM) focal point to Environmental Specialist, one (1) provide essential coordination of different administrative levels for Social Specialist and one (1) GRM handling complaints in a timely and satisfactory manner; and other focal person shall be hired or specialists (e.g. community engagement specialist) as and when appointed no later than 30 days required. after the Effective Date of the Loan Agreement. ENVIRONMENTAL AND SOCIAL ASSESSMENT • MOT/PMUW Update, re-disclose, and implement the Environmental and Social Implement throughout the Project 1.2 Impact Assessment (ESIA), including an Environmental and Social implementation. Management Plan (ESMP),in a manner consistent with the relevant ESSs and acceptable to the Bank. Southern Waterways Logistic Corridors Project (SWLC) P a g e |5 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY MANAGEMENT OF CONTRACTORS • MOT/PMUW Incorporate the relevant aspects of the ESCP, including the relevant E&S documents and/or plans, and the LMP, OHS management plan, sexual exploitation and abuse/sexual harassment code of conduct, and GRM Prior to the preparation of Project into the procurement documents with contractors. procurement documents. Require contractors to prepare and implement C-ESMPs consistent with 1.3 the requirements of the procurement documents and E&S documents and/or plans. C-ESMPs to be adopted prior to Monitor the performance of the contractors to ensure that they comply the commencement of any works, with the ESHS requirements of their respective contracts, including C- and implemented throughout ESMPs. contract implementation. Supervise contractors throughout Project implementation. TECHNICAL ASSISTANCE • MOT/PMUW Ensure that the consultancies, studies (including feasibility studies), capacity building, training, and any other technical assistance activities Throughout Project under the Project, are carried out in accordance with terms of implementation. TORs to be reference acceptable to the Bank, that are consistent with the ESSs. approved by the Bank prior to advertising. 1.4 Ensure that any outputs from the technical assistance activities, including, inter alia, any environmental and social instruments, are consistent with the ESSs. Southern Waterways Logistic Corridors Project (SWLC) P a g e |6 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY PERMIT, CONSENTS AND AUTHORIZATION Throughout Project MOT/PMUW Obtain or assist in obtaining, as appropriate, the permits, consents and implementation. authorizations that are applicable to the Project from relevant national authorities, pursuant to applicable national laws. 1.5 Comply or cause to comply, as appropriate, with the conditions established in these permits, consents, and authorizations throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Adopt prior to engaging Project MOT/ PMUW Update, adopt, and implement the LMP that have been developed for workers, and thereafter • the Project to address labor risks, including (but not limited to) provisions implement and maintain on: occupational, health and safety (OHS) measures; prevention of child throughout Project and forced labor; emergency preparedness and response; grievance implementation. redress mechanism (GRM) for Project/Subprojects workers; training of Project/Subprojects workers on key issues including OHS and GBV/SEA/SH prevention; management of labor influx; and COVID-19 prevention and control. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism operational MOT/PMUW Establish, maintain, and operate a grievance mechanism for Project prior to engaging Project workers, workers, as described in the LMP and consistent with ESS2. information to be disseminated to Project workers prior to commencing any works, and the grievance mechanism to be maintained throughout Project implementation. Southern Waterways Logistic Corridors Project (SWLC) P a g e |7 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Adopt by no later than 30 days Prepare, adopt, and implement occupational, health and safety (OHS) after the effective date of the loan • MOT/PMUW measures specified in the Project’s ESIA/ESMP (including OHS risks agreement and thereafter related to the transmission of communicable diseases). Ensure that implement and maintain contractors develop, implement and maintain OHS management plan(s). throughout the Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND Same timeframe as for the • MOT/PMUW MANAGEMENT adoption and implementation of Incorporate resource efficiency and pollution prevention and the ESIA/ESMP management measures in the ESIA/ESMP to be prepared under action 1.2 above. DREDGED MATERIAL MANAGEMENT PLAN (DMMP) Adopt DMMP prior to the • MOT/PMUW Prepare, adopt, and implement the Dredged Material Management Plan commencement of any dredging 3.2 (DMMP) as part of the ESMP for the activities that require dredging activities, and implement works. throughout Project implementation. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY UXO clearance to be conducted • MOT/PMUW Conduct and complete clearance of unexploded ordnances as required after the completion of any in the ESIA/ESMP to be developed under action 1.2 above. resettlement and/or compensation activities required under the RPF, and before the Adopt and implement measures and actions to assess and manage commencement of any traffic, roads and waterway safety risks as required in the ESIA/ESMP to construction activities. be developed under action 1.2 above. Throughout Project implementation. Southern Waterways Logistic Corridors Project (SWLC) P a g e |8 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 4.2 COMMUNITY HEALTH AND SAFETY Same timeframe as for the • MOT/PMUW Prepare, adopt and implement the measures and actions to manage adoption and implementation of specific risks and impacts to the community arising from Project the ESMPs. activities, including, inter alia, behaviour of Project workers, risks associated with labor influx, the risk of GBV/SEA/SH, the risk of transmission of communicable diseases due to Project activities, response to emergency situations including prevention and control of COVID-19 and other infectious medical wastes as included in the ESMP, in a manner acceptable to the Bank. 4.3 GBV AND SEA-SH RISKS Throughout the execution of the MOT/PMUW Prepare, adopt, and implement measures and actions to assess and Project: manage the risks of gender-based violence (GBV) and sexual exploitation i. Same timeframe as for the and abuse (SEA). This shall include, inter alia: adoption and i. Measures and actions to assess and manage the risks of gender- implementation of the based violence (GBV) and sexual exploitation and abuse (SEA) ESIA/EMSP detailed in the LMP and ESMP. ii. prior to commencement ii. Engaging a qualified institution to conduct community and of construction and workers’ training and awareness on, GBV & SEA. maintained throughout iii. Awareness raising on grievance/feedback processes for Project implementation; reporting SEA & GBV cases. iii. quarterly awareness raising campaigns through the stakeholder’s engagement meetings. 4.5 SECURITY PERSONNEL Prior to engaging security • MOT/PMUW If the security personnel are required for the Project, prepare, adopt, and personnel, and maintained and implement a stand-alone Security Personnel Management Plan implemented throughout Project consistent with the requirements of ESS4, in a manner acceptable to the implementation. Bank. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT Southern Waterways Logistic Corridors Project (SWLC) P a g e |9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY 5.1 RESETTLEMENT POLICY FRAMEWORK Updated RPF to be adopted and MOT/PMUW Update, adopt and implement the Resettlement Policy Framework, that disclosed prior to the Effective • has been prepared for the Project. Date. 5.2 RESETTLEMENT ACTION PLANS RAPs to be submitted for Bank and PPCs/MOT/PMUW Prepare, adopt, and implement resettlement plans (RAPs) or PPC approval and once approved, abbreviated resettlement action plan for each of the five provinces in implemented prior to the accordance with ESS 5 and consistent with the requirements of the RPF, commencement of any Project and thereafter adopt and implement the respective RAPs before carrying activities that involve land out the associated activities, in a manner acceptable to the Bank. acquisition and resettlement ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES BIODIVERSITY RISKS AND IMPACTS: Assess risks and impacts on biodiversity and implement the mitigation Same timeframe as for the • MOT/PMUW 6.1 measures consistent with ESS6 and the ESIA/ESMP. adoption and implementation of the ESIA/EMSP ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES ETHNIC MINORITY PLANNING FRAMEWORK Updated EMPF to be adopted and PPCs/MOT/PMUW 7.1 Prepare, consult, adopt, disclose, and implement an Ethnic Minority disclosed prior to the Effective Planning Framework (EMPF) for the Project, consistent with ESS7. Date. ETHNIC MINORITY DEVELOPMENT PLAN EMDPs to be submitted for Bank PPCs/MOT/PMUW Prepare, consult, adopt, disclose, and implement the Ethnic Minority approval and once approved, Development Plan (EMDP) for each of the [number] provinces where the implemented prior to the ethnic minorities are presence, in accordance with the EMPF and the commencement of any Project 7.2 ESS7. activities that require the preparation of such EMDP. Once adopted, implement the respective EMDP throughout Project implementation. Southern Waterways Logistic Corridors Project (SWLC) P a g e | 10 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY ESS 8: CULTURAL HERITAGE CHANCE FINDS PROCEDURE Implement the cultural heritage mitigation measures and chance finds Same timeframe as for the • MOT/PMUW 8.1 procedure described in the Project ESMP. adoption and implementation of the ESIA/EMSP ESS 9: FINANCIAL INTERMEDIARIES No financial intermediaries are expected to be involved in the SWCL Project; this standard is not relevant for the Project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN Update, adopt, disclose, and implement the Stakeholder Engagement Throughout Project • MOT/PMUW Plan (SEP). implementation. 10.2 PROJECT GRIEVANCE MECHANISM Prepare, adopt, maintain and operate a grievance mechanism, as Grievance mechanism to be • MOT/PMUW described in the SEP. operational prior to the commencement of any resettlement activities and by no later than [XX], and maintained throughout Project implementation. Southern Waterways Logistic Corridors Project (SWLC) P a g e | 11 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) RESPONSIBILE MATERIAL MEASURES AND ACTIONS TIMEFRAME ENTITY/AUTHORITY CAPACITY SUPPORT (TRAINING) Targeted Groups and Time Frame for Delivery Training on: (i) the Bank’s ESF, (ii) stakeholder mapping and engagement; PMUW’s Environment & Social • MOT/PMUW (iii) implementation of RP, ESMP, SEP, LMP, EMDP; (iv) grievance redress; Safeguards Team and various (v) environmental and social supervision, monitoring, and reporting; and stakeholders throughout Project (v) labor management procedures for PMUW’s Environment & Social implementation. Before project Safeguards Team and various stakeholders. implementation and maintained throughout Project implementation where necessary. Training on: (i) occupational health and safety; and (ii) Labor and Project workers throughout • MOT/PMUW Working Conditions for Project’s workers Project implementation. Training on: (i) Gender-Based Violence Risk Mitigation; and (ii) Disability Project staff, contractors, and • MOT/PMUW inclusion. contractor employees as well as local Communities participating in the Project, particularly women) throughout Project implementation. Southern Waterways Logistic Corridors Project (SWLC) P a g e | 12