E3050 V1 REV 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) Vietnam Industrial Pollution Management Project (P113151) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK PROJECT PREPARATION UNIT August 2, 2012 (Updated March 9, 2015) 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 3 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 4 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 5 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 6 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 7 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 MANAGEMENT FRAMEWORK 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. 8 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. 9 Table 2.1 Proposed AMSs and their site information No. River Station Coordinates Location Objective Site information type Ha Nam - To control water quality of Nhue River at the - Either on one pier or in the water pumping station. 1 Nhuệ Expanded Long 105°54'2.567" Nhat Tue culvert of Lat 20°38'35.23" border of Ha Noi and Ha Nam - The land is owned by the State without any cultivation station Nhue River where the - to have real time pollution info of Nhue River, activities. The location is 100 m far from the nearest Nhue River from Ha which is used for aquaculture activities, households. Noi comes to Ha Nam domestic and industrial water supply, and - Existing power and water supply agricultural irrigation - No site clearance or compensation needed. - Either inside or outside the fence of the Dong Viet Hai Paper 2 Duy Basic Long 105°53'56.957" End of Ngoi Ruot - To monitor the water quality of Ngoi Ruot company. tiên station Lat 20°30'41.617" channel Channel, which transfers effluents from the - The land outside the company is owned by the State with no Chau Son IZ and the Northwest industrial area cultivation activities. to the Day river - 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. - To monitor water quality of Day River before - Either in the area of Nham Trang water pumping station 3 Đáy Basic Long 105°53'42.958" Day river at Nhâm it leaves Ha Nam (to Nam Dinh) (about 200m from the station) or on the Day river bank. station Lat 20°27'5.546" Tràng pumping station - to monitor water pollution after the river - The land is owned by the State with no cultivation activities. receives wastewater from South Ha Nam, The nearest households are 100 m away. including wastewater from Thanh Liem IZ - Existing power and water supply - No site clearance or compensation needed. Day river at Hong Phu - To monitor water quality of Day river at the - Expansion of an existing basic AMS operated by CEM/VEA. 4 Đáy Expanded Long 105°54'27.364" Lat 20°32'34.867" bridge meeting point of Nhue and Day rivers, after the station river receives the wastewater from north Ha Nam and Phu Ly City, including the Dong Van IZ. Nam Dinh 10 No. River Station Coordinates Location Objective Site information type Yên Trị commune, Ý - To monitor water quality of Day River after the - Either next to the dyke or inside/outside the fence of the Minh 5 Đáy Expanded Long 106°2'57.507" Lat 20°14'58.095" Yên Dist. river receives the wastewater from Hong Tien IZ Hung Garment and Textile Company or the Vinh Oanh station and wastewater from craft villages of Y Yen Company district. - 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. Thành Lợi commune, - To monitor water quality of Dao River after it - In the state-owned dyke management station 6 Đào Basic Long 106°9'16.68" Lat 20°21'33.825" Vụ Bản Dist., receives wastewater from Bao Minh (under - Existing power and water supply station construction) and An Xa IZs and wastewater - No site clearance or compensation needed. from Nam Dinh city before it meets Day River. Quán Chuột pumping - To monitor water quality of Dao River after it - In the Nam Dinh municipal water supply station 7 Đào Expanded Long 106°12'14.488" Lat 20°26'22.662" station receives wastewater from the My Trung IZ and - Existing power and water supply station wastewater from Nam Dinh city before it meets - No site clearance or compensation needed. Day River Tân Thành commune, - To monitor water quality of Vinh Giang River - Either in the area of Hoa Xa IZ (leased state land) or on the 8 Vĩnh Basic Long 106°8'5.902" Lat 20°23'41.869" Vụ Bản Dist. after it receives wastewater from the Hoa Xa Vinh Giang river bank (state owned with no cultivation Giang station industrial zone. activities and no residents. - Existing power and water supply - No site clearance or compensation needed. Dong Nai - To monitor water quality of Tri An Lake that - On vacant land (owned by the state), next to the river bank 9 Hồ Trị Basic Long 107°15'57.598'' La Ngà commune, Định provides domestic and industrial water supply and on the right side of La Nga bridge in the direction of An station Lat 11°9'45.121'' Quán Dist., Đồng Nai and is used for aquaculture activities. Highway 20 from HCMC to Lam Dong. The residential area province around already has power and water supply and no site clearance or compensation needed. - To monitor water quality of Dong Nai River - On vacant land (state owned) nearby aquaculture activities. 10 Đồng Expanded Long 106°50'51.691" Bien Hoa city, Dong Lat 10°51'49.76" after it receives wastewater from the Bien Hoa Density of waterway is low. Nai station Nai Province II, Loteco and Amata IZs and domestic - Existing power and water supply; wastewater from Bien Hoa city. - No site clearance or compensation needed. 11 No. River Station Coordinates Location Objective Site information type - to monitor pollution from river transportation activities Tam An commune, - To monitor water quality of Dong Nai River - On agricultural land. 11 Đồng Basic Long 106°52'44.353" Lat 10°48'33.735" Long Thành Dist, Đồng after it receives wastewater from the Long - Existing power and water supply; Nai station (Bà Chèo cannal Nai province Thanh IZ and domestic wastewater. - No site clearance or compensation needed. area) - to monitor pollution from river transportation activities - To monitor water quality of Dong Nai River - On the vacant land (state owned) next to An Hao port 12 Đồng Expanded Long 106°50'36.39" Bien Hoa city, Dong Lat 10°55'44.929" after it receives wastewater from the Bien Hoa - Existing power and water supply; Nai station Nai Province (An Hảo port area) IZ, and domestic wastewater from Bien Hoa - No site clearance or compensation needed. city. - to monitor pollution from river transportation activities - To monitor water quality of Thi Vai River after - On agricultural land. 13 Đồng Expanded Long 106°58'30.139" Long Tho sub-district, it receives wastewater from IZs and domestic - Existing power and water supply; Nai station Lat 10°42'10.845" Long Thanh district, wastewater from residents next to the Thi Vai - No site clearance or compensation needed. Dong Nai (Long Thọ commune river. area) - to monitor pollution from river transportation activities Long 107°0'33.1" To monitor water quality of Thi Vai River after - In the Go Dau IZ (leased land from the state) 14 Thị Vải Expanded Phuoc Thai sub-district, Lat 10°39'54.321" it receives wastewater from the Go Dau IZ, - Existing power and water supply; station Long Thanh district, (Gò Dầu B port area), Vedan company, domestic wastewater from - No site clearance or compensation needed. Dong Nai Province residents next to the Thi Vai River. - To monitor pollution from navigation BRVT To monitor water quality of Thi Vai River that - In the My Xuan A IZ 15 Thị Vải Basic Long 107°0'55.636" My Xuan sub-district, Lat 10°37'38.439" receives wastewater from the My Xuan A IZ and - Existing power and water supply; station Tan Thanh district, (Opposite to Mỹ Dong Nai IZs (Go Dau, Nhon Trach II, III, V - No site clearance or compensation needed. BRVT Xuân A ) IZs). 12 No. River Station Coordinates Location Objective Site information type Long 107°1'31.555" To monitor water quality of Thi Vai river after it - On the vacant land next to Baria Serece Port or in the Phú Mỹ 16 Thị Vải Expanded Lat 10°35'22.471" Phu My-district, Tan receives wastewater from the Phu My I and Phu I IZ station ( Opposite to Phú Mỹ Thanh district, BRVT My II IZs, and domestic wastewater from - Existing power and water supply; I IZ, near Baria Province residents next to the river - No site clearance or compensation needed. Serece port) To monitor water quality of Thi Vai River after - In the Cái Mép IZ 17 Thị Vải Basic Long 107°1'17.131" Tan Phuoc sub-district, Lat 10°32'43.651" it receives wastewater from the Cai Mep IZ and - Existing power and water supply; station Tan Thanh district, (Opposite to Cái Mép domestic wastewater from residents next to the - No site clearance or compensation needed. BRVT Province IZ (Block B) river. 13 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. 14 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. 15 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 16 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 17 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. 18 Mỹ Xuân A Mỹ Xuân B1 Đại Dương Phú Mỹ 2 Phú Mỹ 3 Cái Mép 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 Provi Industrial zone Investor Capacity Total Potential Loan nce (m3/day) Investment Loan time (billion (billion (year) VND) VND) Ba Ria My Xuan B1 – Dai Dai Duong Ltd. Co. 3,000 ND 20 20 Vung Duong Tau My Xuan B1 – IDICO 4,000 ND 30 20 Conac My Xuan A – Vietnam Industry and 4,000 30 20 20 stage 2 Urban Development Investment company Phu My III Thanh Binh Phu My 15,000 ND 100 20 Ltd. Co. Cai Mep Saigon Construction 4,000 48 40 20 Company 19 Provi Industrial zone Investor Capacity Total Potential Loan nce (m3/day) Investment Loan time (billion (billion (year) VND) VND) Chau Duc Sonadezi Chau Duc 4,000 48 48 Shareholding Co. Dong Giang Dien 2 Bien Hoa Industrial 9,000 71 53.525 Nai Zone Development Company Thanh Phu Dong Nai Transport 5,000 32 24 Structure Joint Stock Company Nhon Trach 6 Tin Nghia Group 7,500 58.7 44.209 Nhon Trach 3 – Tin Nghia Group 2,000 22.6 16.943 stage 2 An Phuoc Tin Nghia Group 2,000 ND ND Ong Keo Tin Nghia Group 6,000 29.3 15.413 Ha Dong Van II Azitatech 10,000 20 ND Nam Thanh Liem I Azitatech 8,700 24 ND Nam My Trung Hoang Anh Industrial 2,500 89.9 66 Dinh Boat Company Bao Minh VINATEX Joint-stock 6,000 52.8 39.6 Investment Company 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. 20 Table 2.3 Information on Candidate IZs for Support under VIPMP 21 Industrial Owner Typical Area Rented Date of Current Effluent CETP Requested Status of Status of Zone Industries (ha) land (%) start-up of CETPs standards needs CETP Loan FS of EIA of IZ (Province) industrial capacity (capacity (billion CETP operations (m3/day) (m3/day) VND) My Xuan Dai Duong Ltd. Co. Mechanics, 145.7 66 2006 5000 TCVN 3,000 20 Yes Yes B1- Dai chemical, 6984:2001, Duong class Q1M3 (BRVT) My Xuan IDICO Multi industry 227.14 38 1/04/2000 500 QCVN 4,000 30 Yes Yes B1-Conac 24:2009, (BRVT) class B My Xuan A Vietnam industry and Mechanics, 220 192 01/01/2002 ND QCVN 4,000 20 Yes Yes (BRVT) urban development pesticides 24:2009, Investment company class B Chau Duc Sonadezi Chau Duc Urban 1156 ha 0 2008 0 QCVN No1: 7,000 ND Yes Yes (BRVT) shareholding co., Industrial 40:2011, No.2: areas class A 19,000 No.3: 19,000 Phu My III Thanh Binh Phu My Multi 993.07 - ND QCVN 15,000 100 Yes Yes (BRVT) Ltd. Co. industry, 24:2009, chemicals, class B fertilizers, heavy industries Cai Mep Saigon construction Heavy 670 42 2003 8000 QCVN 4,000 40 Yes Yes (BRVT) company industry 24:2009, supporting the class B port aspects Giang Dien Bien Hoa Industrial Multi- 529.2 10 Still continue No1: QCVN 9,000 53.525 Yes Yes, submit (DN) zone development industries the final land 3000 24:2009, file company clearance No.2: Class A 9000 Thanh Phu Dong Nai transport ND 177.2 48 2006 6500 TCVN 5,000 24 Yes Yes, submit (DN) structure joint stock 6980:2001- file company Q1.M1 22 Nhon Trach Tin Nghia group Multi- 697.3 1/6/2003 QCVN Module 2: 22.6 Yes Yes 3 (DN) industries, Stage 1: Satge 1: No. of Finished 24:2009/BT 2000 focus on 336.9 100% existing module NMT , class m3/day heavy industry Stage 2: Stage 2: industries 1: 2000 B; Total: 360.49 47% now: 20 of m3/day QCVN 8,000 which 5 have Existing 40:2011, m3/day preliminary WW: class B, treatment 1200 Kq=1.1 and m3/day Kf =0.9 Nhon Trach Tin Nghia group Multi- 327 ND 2005 6,000 QCVN 7,500 58.7 Yes Yes 6 (DN) industries No. of m3/day 24:2009/BT industries: 0 NMT , class B An Phuoc Tin Nghia 201 ha 0% Not yet 0 QCVN Module 1: 22 Not Not Coporation 40:2011, 2000/6000 available available class A Ong Keo Tin Nghia group Textiles, 56 (272 2008 Stage 1- QCVN Stage 1: 29.3 Yes Yes 823 (DN) chemicals, ha) No.of 1: 3000 24:2009/BT 6,000 mechanics, industries: 16 Stage 1- NMT , class Total: paper, 2: 3000 B 25000 plastics, etc. Existing WW: 550 m3/day Dong Van Azitatech Multi- 263 30 ND 10,000 10,000 125 Yes Yes II (HN) industries Thanh Azitatech Multi- 98.85 ND ND 8,700 8,700 103 Yes Yes Liem I industries (HN) My Trung Hoang Anh Multi-industry 149 22 ND 2000 2,500 66 Yes Yes, submit (ND) Industrial Boat except textile file Company and aquatic industry Bao Minh VINATEX Joint- Multi- 91 6 ND 2008 6,000 39.6 Yes Yes (ND) stock Investment industries Company ND: no data 23 Table 2.4 Safeguard-specific information of CETPs Industrial Decision of EIA Decision issued by Status of EIA for Water quality CETP CETP Basic detail Environme Discharge Zone approval for IZ CETP standards for proposal Investment Design nt report (Province) receiving waters of report monitoring wastewater results My Xuan B1- EIA: PC of Ba Ria Vung No specific EIA for Thi Vai River, ND ND ND ND Dai Duong 2066/QD-UBND Tau Province On CETP QCVN 08:2008, (BRVT) 20th July 2006 class A2 My Xuan B1- EIA: MONRE No specific EIA for Thi Vai River, ND ND ND ND Conac (BRVT) 599/QD-BTN On March 21st CETP QCVN 08:2008, 2008 class A2 My Xuan A ND ND No specific EIA for Thi Vai River, ND ND ND ND (BRVT) CETP QCVN 08:2008, class A2 Phu My III ND ND No specific EIA for Thi Vai River, Available ND ND ND (BRVT) CETP QCVN 08:2008, class A2 Cai Mep ND ND No specific EIA for Thi Vai River, ND ND ND ND (BRVT) CETP QCVN 08:2008, class A2 Chau Duc EIA: 453/QD- MONRE No specific EIA for Xoai River, QCVN No No No No No (BRVT) BTNMT On March 13rd CETP 24:2009, class A Modified EIA: 2008 936/QD-BTNMT MONRE On May 28th 2008 Giang Dien EIA: 1054/QD- MONRE May 21th No specific EIA for Buong River Available Available ND ND (DN) BTNMT of 2008 CETP Modified EIA: MONRE March 572/QD-BTNMT 24th of 2010 Thanh Phu No specific EIA for Tan Trach Canal, Available Available Available ND (DN) CETP Dong Nai River An Phuoc – Not yet (June, 6 km Nuoc Trong Not Not available Not Not Not yet Long Thanh 2012??) stream, QCVN available available available 08:2008, A1 Nhon Trach 3 EIA: MONRE No specific EIA for Lo ren sluice (10 m Available Available Stage 1 had Available Stage 1: (DN) – phase 2 CETP from Mareng canal) basic design licence will 24 1696/QD-BTNMT November 15th of then to Thi Vai but stage 2 be needed (stage 2) 2006 River (1.5 km), not have to extend QCVN 08:2008, class B1 Nhon Trach 6 EIA: MONRE No specific EIA for Thi Vai River, Available Available No No (DN) 1791/QD-BTNMT August 19th 2008 CETP QCVN 08:2008, class A2 Ong Keo (DN) EIA: 1294/QD- MONRE No specific EIA for Bang Canal and Available Available Available Available – phase 1 BTNMT On April 29th of CETP Long Tau River. 2007 Dong Van II EIA: 272/Q§- MONRE No specific EIA for A48 canal- Chau Available ND ND ND (HN) BTN&MT On Feb 2nd of 2008 CETP Giang- Nhue River Thanh Liem I Under appraisal PC of Ha Nam EIA for CETP will Kinh Thuy – Nhue Available ND ND ND (HN) process Province be needed River My Trung (ND) EIA: DONRE of Nam No specific EIA for Hong River Available ND ND ND 420/2006/QD- Dinh Province CETP TNMT April 24th of 2006 Bao Minh (ND) No specific EIA for Available ND ND ND CETP 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. 25 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 Approved as multi-sector IZs with the existing but prioritize tenants using industries as follows: Medicine, chemical clean and advanced products, prefabricated metal, foodstuff, technology with low pollution 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 Class C (TCVN 5945:2005). 5945:2005). 26 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 Site ready, ongoing basic design, no bid yet and draft bidding document ready 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. 27 Vietnam Industrial Pollution Management Environmental and Social Management Framework Table 2.6 Number of industries in the candidate IZs of VIPMP Nam Ba Ria Vung Tau Dong Nai Ha Nam Dinh No Type of industry MX P MX M C GD T NT DV TL M B CD B1_ M NT3 OK B1_C XA M 2 P 6 II I T M DD III 1 Textile and sewing 1 X 2 X X 2 Textile and dyeing X 3 Chemicals X X X 6 X 4 Fertilizers x Mechanical 5 manufacturing/ X x X X X X X 1 X X X metallurgy 6 Plating x X X 7 Wooden products 5 X 2 Food processing/animal 8 x X X 4 X foodstuff 9 Footwear x 10 Tanning X 3 11 Household goods X x X 12 Papers 5 X Electronic/electric 13 X x X X x X 3 X X X goods 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 Waste treatment 21 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 28 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 4LBCD 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. 29 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 30 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 31 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 32 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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/ 33 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 34 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 13The 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. 35 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 14Monitoring data from 2004 to 2010, Center of Environmental Monitoring and Analyzing, DONRE in Ba Ria- Vung Tau province 36 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 37 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 38 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 39 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 40 Vietnam Industrial Pollution Management Environmental and Social Management Framework • 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 41 Vietnam Industrial Pollution Management Environmental and Social Management Framework • 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. 25Decision 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 42 Vietnam Industrial Pollution Management Environmental and Social Management Framework • 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.68 32 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 43 Vietnam Industrial Pollution Management Environmental and Social Management Framework - 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 Contents No. Name of documents Issued date HA NAM PROVINCE Decision No.1154/QD- To establish the Management Board of Ha Nam Industrial 1 UB 28/10/2002 Park The authorization for the industrial zones authority does some Decision 15/2008/QD- tasks of state management in the areas of construction, 2 UBND 20/08/2008 environmental protection and labor. Regulating functions, tasks, powers and organizational Decision No. 659/QD- apparatus of the industrial zones authority of Ha Nam's 3 UBND 6/10/2008 industrial zones. Decision No.1371/QD- To establish the implementation of the planning in the period 4 UBND 7/11/2008 of industrialization and modernization 44 Vietnam Industrial Pollution Management Environmental and Social Management Framework Contents No. Name of documents Issued date 33/2009/QD-UBND 4/12/2009 Promulgate solid waste and wastewater management regime in Ha Nam province 5 Decision On approval of action plan to control environmental pollution 6 No.28/2009/QD-UBND 29/09/2009 in Ha Nam in 2010 - 2015. 1121/2010/QĐ-UBND 12/10/2010 Approve Environmental Protection Plan in the period from 2010 to 2015 7 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 Promulgated regulations on environmental protection in the Decision 33/2008/QD- use of energy from coal, wood magazine in Dong Nai UBND 9/06/2008 Province Government regulations on industrial zones, export processing zones and economic zones; Based Decision 1302/1998/QD-UBT issued the Regulation on organization Decree No. 29/2008/ND- and operation of the Management Board of industrial zones CP 14/03/2008 issued by Dong Nai People's Committee Decision No. Fee of ambient air monitoring in and around surface water in 03/2009/QD-UBND 2/4/2009 Dong Nai province. Decision 56/2009/QD- Issuing environmental monitoring in soil, groundwater and UBND 8/12/2009 industrial emissions in Dong Nai Province 13/2010/QD-UBND 10/3/2010 Collection environmental protection fee with solid waste in Dong Nai province to regulate the classification, collection, transportation and treatment or disposal of solid waste and hazardous waste in industrial parks, industrial clusters 3 Directive 04/CT-UBND 11/3/2010 45 Vietnam Industrial Pollution Management Environmental and Social Management Framework Contents No. Name of documents Issued date To promulgate regulations to coordinate state management of Decision 29/2010/QD- industrial clusters in Dong Nai Province 4 UBND 19/05/2010 To divide the area which its capacity is appropriate for receiving sewage and industry discharge in Dong Nai province Decision 16/2010/QD- 5 UBND 19/03/2010 Decision 33/2011/QD- Amending Decision 81/2008/QD-UBND regulatory industrial 6 UBND 12/5/2011 parks ranked by the Committee of Dong Nai Province To further strengthen the management of common solid 8 Directive 18/CT-UBND 21/06/2011 waste, hazardous in the province of Dong Nai Decision 16/2010/QD- partition of the environment that receives sewage and 10 UBND 13/4/2010 industrial emissions in Dong Nai Province 11 Fee of environmental monitoring in Dong Nai Province. Decision No. 12 14/2011/QD-UBND 14/06/2011 On promulgation of regulations to coordinate state Decision No. management and industrial zones of Dong Nai province 13 55/2010/QD-UBND 13/09/2010 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 46 Vietnam Industrial Pollution Management Environmental and Social Management Framework Contents No. Name of documents Issued date 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. 47 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 48 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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). 3.3.3 Responsibilities on solid waste and hazardous waste management 49 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 50 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 19 08 07 Liquid/sludge ** exchange resin 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 19 08 10 Liquid ** oil separation tank 12 06 05 Sludge containing hazardous material from 19 08 11 Sludge * biological treatment of industrial waste water 12 06 06 Sludge containing hazardous material from other 19 08 13 Sludge * treatment process of industrial waste water 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. 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: 51 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 52 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 53 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 54 Vietnam Industrial Pollution Management Environmental and Social Management Framework − 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; 55 Vietnam Industrial Pollution Management Environmental and Social Management Framework − 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; 56 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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-CP 35 , 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. 57 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 58 Vietnam Industrial Pollution Management Environmental and Social Management Framework providing directions, guidelines for environmental police forces at all levels in prevention of and fighting against the environment criminal and environmentally legal violations. 59 Vietnam Industrial Pollution Management Environmental and Social Management Framework RBO GOVERNMENT RBMB NWRC CWRPI National level MPS MPI MONRE MIT Dept. of Dept. of Vietnam Environment Agency for Industrial Safety Techniques Environmental Economic Zone Administration (VEA) Industry Promotion and Environment Agency Police (EPD) Management (AIP)_ (ISEA) (DEZM) Dept. of EIA (EIA Dep.) Dept. of EIA (EIA) Dept. of Pollution Control (DPC) Division on Dept. of Environment Waste Management and Management Management (DEM) of Environment Quality Promotion Centre for Industrial Industrial Agency (WEPA) Parks Environment Monitoring Centre for Environment and Technology Monitoring (CEM) Development (CIEMTD) VIA Centre for Public Awareness Training Centre for Raising and Training on Industrial Environment Environment (CPARTE) (TCIE) Environment Inspection (EI) Provincial level Provincial People’s Committees (PPC) IZAs PEPD DONREs DITs EPA PCEM WRM 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 60 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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 Performance steps of industrial environmental Relevant Authorities management* (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) MPI DEZM x x X X MoIT AIP x ISEA EIA Dept. x x X X CENTRAL LEVEL 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 DPI x x x PROVINCIAL DoNRE EPA x x X x x x X LEVEL 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). 61 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 62 Vietnam Industrial Pollution Management Environmental and Social Management Framework 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. 63 Vietnam Industrial Pollution Management Social and Environmental Management Framework Table 3.3 Comparison on requirements of EIA for CETPs in industrial zones Issue Vietnam principles WB safeguard Proposed solutions applied for requirement VIPMP Decree 21/2008/ND-CP Decree 29/2011/ND-CP OP 4.01 Environmental - CETP in the industrial - all CETP need to conduct - Under the OP 4.01, a full - No gaps or conflicts exist assessment for zone, high tech industrial EIA EIA is required for all between Vietnam legislation and proposed CETP park, industrial cluster projects which are screened WB Safeguards requirements, an did not need EIA as Category A. This project EIA should be prepared for CETP. is Category B, therefore, - EIA consultants recommended only EMP will be needed. by WB and MOPI will help the investors to prepare for EMP as WB guidance. Public consultation - Not requirement due to - Not requirement due to - require consultation if - Only need 1 round of public locating in IZ locating in IZ there are affected people consultancy and mainly focus on water users nearby water receiving bodies. EIA appraisal - Provincial Industrial - Provincial People's - WB environmental team - Depend on the Provincial organization zone management Committees via the EIA before approve the project decision, it could be DONRE or agency, who were Committees (DONRE) IZA assigned by People's Committees Information - not specific requirement - require disclosure approved - require disclosure EIA in - apply as WB's request disclosure EIA and EMP in DONRE WB office in Vietnam and office and commune People’s Washington Committees Environmental - Environmental permit - Environmental permit (e.g. - OP 4.01 requires the - In both processes, the disclosure authority must (e.g. approved EIA) will approved EIA) will be issued approval and disclosure of takes place before approval and provide an be issued by Industrial by People's Committees. EIAs by the relevant therefore any raised concern is environmental zones authority and the government authority dealt with before project approval. permit for projects 64 Vietnam Industrial Pollution Management Social and Environmental Management Framework Issue Vietnam principles WB safeguard Proposed solutions applied for requirement VIPMP prior to other relevant construction organizations. appraisal Test and approval - All environmental protection - CETPs will be checked before for environmental structure (as CETP) should be commission, discharge license will protection tested and approved before be needed structures starting (for 25 days), wastewater discharge license will be needed Effluent quality Not specific - Online monitoring (based on Not require online Following requirements of monitoring Decree 29/2011 and Circular monitoring Vietnam government and decision No. 26 /2011/TT-BTNMT) of Provincial DONRE National guidelines OHS legislation in place: EIA legislation (chapter 3) The guidelines for OHS Vietnam has specific standards for and standards exist - Law of Labor 1994 OHS legislation in place: provided under the IFC management of wastes, emissions, for EIA and OHS which modified in 2002, - Law of Labor 1994 which Environmental, Health and water for industries, especially 2006, 2007 and Decree modified in 2002, 2006, 2007 Safety should be applied standards on hazard wastes and No. 47/2010/NĐ-CP on and Decree No. 47/2010/NĐ- for all infrastructure some specific substances. They are provisions of CP on provisions of projects either more stringent that or administrative sanctions administrative sanctions for consistent with World Bank for violations of labor violations of labor law. standards (World Bank Group law. - Labor Safety standard Environmental, Health and Safety - Labor Safety standard known as TCVN guidelines on guidelines). known as TCVN the safety on chemicals, guidelines on the safety production, mechanicals, labor on chemicals, safety device, electricity, fire production, mechanicals, safety, hygiene, etc. labor safety device, 65 Vietnam Industrial Pollution Management Social and Environmental Management Framework Issue Vietnam principles WB safeguard Proposed solutions applied for requirement VIPMP electricity, fire safety, - Decision 3733/2002/QD hygiene, etc. approved by Minister of - Decision Health issued in October 10th 3733/2002/QD approved of 2002 on 21 standards, 5 by Minister of Health principles and 7 parameters of issued in October 10th of labor safety. 2002 on 21 standards, 5 - Recently, the Government principles and 7 issued the responsibility of parameters of labor enterprises in labor safety in safety. 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 Decree 29/2011/ND- OP 4.01 21/2008/ND- CP CP Environmental - None - all laboratory (not - For Category B projects, some form of - ECOPs will be required in the assessment for AMS) produce environmental assessment is required, bidding documents to ensure their proposed AMS hazardous waste usually less rigorous than a full EIA, and implementation by construction should conduct EIA often taking the form of an Environmental contractor Management Plan (EMP). 66 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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, Impact Economy and Society assessment Component 1: Enhance capacity on Institutional arrangement and performance 1.1 To review, - Completed researches to propose to - Contribute into ensure of long term and amend and complete amend the relevant contents in the implementation of the target of significantly the additional environmental protection law 2005, environmental protection positive impact legislation documents which will be submitted to National strategies, which have been related to industrial Assembly in 2014. mentioned in the environmental wastewater pollution - Completed, modified, amended or social economic development management and set up new legislation documents strategies from now to 2020. sustainable related to general environmental development of IZ protection of river basin and industrial zones as well as regulations related to collection, treatment and management of industrial waste - Support achievement of the 1.2 Establish water - 17 automatic water quality general strategically objectives of quality monitoring monitoring stations will be installed in social economic development and station and automatic four provinces for conducting on-line environmental protection master information systems and continuous monitoring of water plan via development of of water quality in the quality in the contaminated areas in monitoring systems of national river basin two river basins. environment and natural - design, set up and develop resources, particularly the specific information system of monitoring goals on environmental protection stations connected to national 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. 67 Vietnam Industrial Pollution Management Social and Environmental Management Framework automatic environmental monitoring - Support the process of decision- system 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 - Support and install on-site - Improve efficiency and quality monitoring, testing monitoring equipment for MONRE, of inspection, testing and and inspection DONRE, IZA, PC49 in 4 provinces. monitoring service management capabilities to and industrial wastewater legislation - Development and implementation of pollution control through compliance on waste monitoring plan, supervision and proposed mechanism and management of inspection of compliance of law on appropriate policy. industrial wastewater industrial wastewater pollution - Increase efficiency and quality pollution control. monitoring and enforcement of law on environmental protection (testing and inspecting ) - Institutionalize the principles of 1.4 Enhance - Build and implement the pilot-scale community - based management capability of sharing integrated information system on the on environmental protection work and disseminating discharge of industrial parks, water in river basin. information and quality in the river basin and - Mobilization of community into mobilize community disseminate them to other actual activities involved in participant on stakeholders. monitoring activities and industrial wastewater - Implement a pilot program on enforcement of law pollution control information disclosure and implementation on environmental mobilization of community protection. participation38. - Learnt lesson from the pilot program for extending on a national scale. Component 2: Pilot financing for investing on CETP Provide pilot loan for - CETPs invested by the loan will be - Create loaning mechanisms for - Long-term investing on CETP completed on schedule; their business Infrastructure investment and positive construction works will be viable and sustainable. development company to borrow impact, some (centralized - The successful model will be money for investing on CETP short-term wastewater duplicated in many provinces. construction in IZ39. adverse treatment plant in impacts. - Treated wastewater at CETP industrial zones) which is invested from WB loan will meet QCVN sustainable. 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. 68 Vietnam Industrial Pollution Management Social and Environmental Management Framework - The model of CETP is summarized and disseminated in larger scale. Component 3: Technical Assistance for Industrial Zones and Project Implementation Support Long term, 3.1 Increase - Organize training activities on - Contribute into effective control significantly capability of those environmental management, of industrial wastewater pollution positive who work in environmental monitoring and control, economic efficiency, impacts. industrial environmental information. social and environmental wastewater pollution improvement in river basin - Explore activities of support and and technical technology consultancy such as the set support and project of training documents management 3.2 Conducting - Researches on model of eco- - Develop the scientific basis for researches involved industrial parks and industrial green making decision on environmental production; on evaluation of loading protection. capacity and self-cleaning capacity of - Contribute into effective control river, to set up instructions on the of industrial wastewater pollution, design, construction, operation and economic efficiency, social and management of CETP in IZ; build the environmental improvement in methods of pollution evaluation and river basin. improvement and cleaning solutions applied for contaminated river basin. 3.3 Management and - Supports on management and - Ensure the effectiveness, implementation of coordination of project activities. sustainability, and transparency of projects the project. - Fund sources to the Environmental Protection Fund in evaluations for - Ensure project activity of candidate IZs under Component 2, component 2 implementing implemented loan mechanism, and effectively and sustainable. software of Component 2 management. 3.4 Project - Hired consultants to support - Ensure to evaluation of Monitoring and technical assessment, monitoring, and effectiveness of environmental, Assessment auditing. 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. 69 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 Target No. Theme Source Description Assessment objectives 1 Landscape Storage of Lacking of management of Local Short-term, construction excavated materials, spoiling aesthetics small scale, materials and creating open dump sites insignificant However, the impact is insignificant because the CETP is isolated with surrounding areas by fence. Construction Excavation activities cause dust Local Short-term, activities which affect on visibility. aesthetics small scale, Similarly, due to small insignificant construction work load and CETP’s isolation, this impact is not significant. 2 Air and Noise and The noise level of construction Workers Short-term, noise vibration from equipment ranges from 72 dB to small scale, pollution excavation, 93 dB at the distance of 15 m insignificant leveling, from the source40 whereas the 40 Maximum noise level according the distance of construction equipment Noise level Noise level Noise level Noise level (dBA), (dBA), far from (dBA), far from (dBA), far No. Equipment far from noise noise source noise source 50 from noise source 1.5m 20m m 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 70 Vietnam Industrial Pollution Management Social and Environmental Management Framework Target No. Theme Source Description Assessment objectives construction required noise level is 75dBA in machines and residential areas (QCVN transportation 26:2010/BTNMT). This could means be easily achieved because the construction site is isolated from the residential areas. Dust from Dust could be generated from Workers Short-term, leveling, excavated materials41. However, small scale, construction and regards to small construction insignificant storage of works, the quantity of excavated excavated materials is insignificant. materials Air pollution Main pollutants are dust, SO2, Workers Short-term, from construction CO2, CO, NOx. This impact is Air small scale, works and also insignificant. environment insignificant transporting materials 3 Water pollution Surface water Domestic Worker could generate domestic Surface Low, short- wastewater of wastewater during construction water term and workers time, which contents of mitigable nutrients, organic matters and fecal coliforms. Run-off Contain mainly SS, sometimes Surface Low, short- oil and grease if hazardous water term and waste is not properly managed. mitigable Front bucket 49.5-61.5 41.5-53.5 35.5-47.5 3 72.0-84 excavator 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 Concrete compaction 11 85.0 62.5 54.5 48.5 machine 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 Dust generated in loading /unloading construction materials 2 0,1÷1g/m3 (cement, sand, gravel, iron and steel, etc.) Source: Assessment Document, WHO, 1993. 71 Vietnam Industrial Pollution Management Social and Environmental Management Framework Target No. Theme Source Description Assessment objectives Groundwater Excavation Will disturb the groundwater Groundwater Low, activities levels if underground activity is significant, required. mitigable 4 Solid waste Domestic solid Solid waste from worker such as Local Low, waste of workers residual food, plastic bags, aesthetics insignificant, wood, metal, glass, etc, which Workers mitigable could generate leachate, odor Local and be favorable for insects and residents pathogenic vectors. Construction Construction waste generated Local Low, waste includes cement, bricks, sand, aesthetics insignificant, stone, wood, scrap, and spilling Workers mitigable materials. Local residents Hazardous waste Containers of oil, grease, Soil Low, gasoline and solvents. Surface insignificant, However, it is expected that the water quality mitigable amount of this type of waste is very small. 5 Traffic Traffic jam due The impact is insignificant Local traffic Low, safety to increase in because it is inside the IZ. insignificant, transporting trips mitigable 6 Working Lack of safety Accidents could occur when Workers Low, safety equipments and lacking of safety equipments mitigable caution and lacking of management on site. 7 Local daily Workers The construction site is far from Local Low, life residential areas. The number of residents insignificant, construction workers is not mitigable much due to small-scale construction of CETP. 8 Ecosystem IZs have no biological or Ecosystem, Low, and ecological values that might be biodiveristy insignificant, landscape compromised by any project mitigable activity 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 Targeted No. Theme Source Description Assessment objectives 1 Odor and Wastewater Odors from the wastewater Workers Medium, air tanks Air pollution from O&M of aero Local people significant, pollution tank, especially greenhouse gases mitigable or volatile organic compounds (VOCs) 72 Vietnam Industrial Pollution Management Social and Environmental Management Framework Targeted No. Theme Source Description Assessment objectives Microorganism and bacteria in the air Odors from oil, grease, gasoline. 2 Noise and Machine and Caused by operation of pumps and Public, Low, vibration movement of sludge transferring vehicles, far nearby insignificant, vehicles from residential areas industries mitigable 3 Water Discharges Contain high concentration of SS, Surface Medium, pollution COD, nutrients, potential heavy water mitigable metals and industrial toxic and pathogens Leakage Contain high concentration of SS, Surface Low to medium, COD, nutrients and pathogens water mitigable Storm water Contains SS, oil and grease, Surface Low to medium, pathogens water mitigable Domestic Domestic wastewater of worker Surface Low to medium, wastewater water mitigable 4 Solid waste Littering Solid waste littered from screen Workers Low to medium, mitigable Sludge Sludge will be treated and disposed Public Medium, properly depending on quality of mitigable sludge Solid waste Solid waste will be collected and Soil Low mitigable transferred to landfill Surface water Hazardous Residual oil and grease, foams Soil Medium, waste from water tanks 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 – Air emission, oil, biological film, chemical spillage Flocculation Aerotank Wastewater, scum, air emission, surface contaminants, sludge, circulation zone Cascade aeration Wastewater, solid waste, surface contaminants , sand, biological film 73 Vietnam Industrial Pollution Management Social and Environmental Management Framework Locations Sources Trickling filter (if Wastewater, scum, air emission, oil, surface contaminants, sludge, have) 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. 74 Vietnam Industrial Pollution Management Social and Environmental Management Framework • 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 75 Vietnam Industrial Pollution Management Social and Environmental Management Framework Facility Impacts Cause Trickling Increased High hydraulic loading filter concentration of Nitrification SS in the outlet Huge amount of excess sludge split out Uneven distribution of untreated water and collection of treated water High BOD at High SS the outlet 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 High loading in the clarifier Fine sludge hard to settle effluent 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 SRT high SS 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. 76 Vietnam Industrial Pollution Management Social and Environmental Management Framework Table 4.6 Summary of environmental impacts of CETP operation Impacts Sources Description Assessment Negative Positive Short- Long- Short- Long- term term term term Dredging Odor emitted from collection and Sludge will be generated from CETP, which could affect M and transport of septage directly to life enjoyment of people along the haulage route. transport of Micro-organism dispersion when However, this impact is easily mitigated. M septage the truck is not covered properly. Air pollution due to transportation L means: dust, SO2, CO2, CO, NOx Surface water Treated water discharged to water Pollute the surrounding surface water. This impact is M H pollution bodies unavoidable but can be mitigated. Groundwater Wastewater leakage Long-term and wide-spread. M contamination Special attention to pressurized pipes. Infiltration from sludge drying Long-term and dangerous if the lake bottom is not properly M beds or tanks lined. Operational Algae blooming creating Long-term and directly harmful for local residents M problems conditions for flies and mosquitoes development Odors Not high because it is far from residential areas M Air Odors Not high because the buffer zone dimension satisfies TCVN M environment 7222:2002 (300m) pollution Noise L Solid waste Domestic solid waste of workers Small quality and will be collected by public service. L disposal Hazardous waste: chemicals, oils, Small quality but high risk. It must be managed properly. M debris Sludge solid waste from screenings Sewage contains SS, oil and grease, BOD and nutrition. M M management Settled sand at intake structure Impacts from bacteria and odor of stabilized sludge are not Raw sludge at ASPS high. Furthermore, with the high content of nutrition, stabilized Biological sludge sludge is suitable for agricultural purposes. 77 Vietnam Industrial Pollution Management Social and Environmental Management Framework Impacts Sources Description Assessment Negative Positive Short- Long- Short- Long- term term term term Sewage Impacts to Noise and odor Not important because it is far from residential area and in IZ. M public works Traffic safety Traffic congestion Although access routes are of high density, the operation of L CETP does not affect much on the traffic congestion. Working Lack of safety equipments for Medium-size M safety workers Environmental pollution M Electricity hazards M Fires M Exposure to micro-organism Risky for workers H threatening Public health Chemical spillage Far from residential areas M and safety Domestic solid waste Solid waste Workers’ activities Note: L (low), M (medium), H (high). Assessment of impacts is prior to application of mitigation measures. 78 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 79 79 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 80 80 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 81 81 Vietnam Industrial Pollution Management Social and Environmental Management Framework 82 82 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 83 83 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 84 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 85 Vietnam Industrial Pollution Management Social and Environmental Management Framework - 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 86 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 87 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 88 Vietnam Industrial Pollution Management Social and Environmental Management Framework Table 5.1 Guidance of Environmental codes of practice (ECOPs) applied for CETPs and AMSs during construction phase Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP Construction vehicles must undergo a regular emissions check and get • TCVN 6438-2005: Road X certified named: “Certificate of conformity from inspection of quality, vehicles. Maximum permitted A1 technical safety and environmental protection” following Decision No. emission limits of exhaust 35/2005/QD-BGTVT gas; Maintain vehicles and equipments daily and every 6 months (or 8.000 • Decision No. 35/2005/QD- X A2 Air pollution km on the road) BGTVT on inspection of A3 Do not burn waste on site quality, technical safety and X X environmental protection; X • QCVN 05:2009/BTNMT: A4 Monitoring air quality for dust emission, noise and ambient air quality National technical regulation on ambient air quality D1 Removing waste out of construction site as soon as possible • QCVN 05: 2009/BTNMT: X X Cover the transport means to avoid dust, soil and building materials National technical regulation X X D2 scattering during transportation on ambient air quality The Contractor is responsible for compliance with relevant Vietnamese X D3 legislation with respect to ambient air quality. The Contractor shall ensure that the generation of dust is minimized and X X is not perceived as a nuisance by local residents and shall implement a Dust D4 dust control program to maintain a safe working environment and generation minimize disturbances for surrounding residential areas/dwellings The Contractor shall implement dust suppression measures (e.g. use X X D5 water spraying vehicles to water roads, covering of material stockpiles, etc.) as required. Exposed soil and material stockpiles shall be protected against wind X X D6 erosion and the location of stockpiles shall take into consideration the prevailing wind directions and locations of sensitive receptors. 89 Vietnam Industrial Pollution Management Social and Environmental Management Framework Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP Disruption of The Contractor shall prepare vegetation protection measures to be • Law on Environment X vegetative included in the Construction Environment Management Plan for prior protection No. 52/2005/QH11 cover and approval by the Construction Engineer, following relevant regulations. TR1 ecological The Clearance Plan shall be approved by Construction Supervision resources Consultant and followed strictly by contractor. Areas to be cleared should be minimized as much as possible. N1 Avoid construction at night (10 pm – 6 am) • QCVN 26:2010/BTNMT: X The contractor is responsible for compliance with the relevant National technical regulation X X N2 Vietnamese legislation with respect to noise and vibration. on noise Noise and • QCVN 27:2010/BTNMT: Vibration All vehicles must have appropriate “Certificate of conformity from National technical regulation X inspection of quality, technical safety and environmental protection” on vibration N3 following Decision No. 35/2005/QD-BGTVT; to avoid exceeding noise emission from poorly maintained machines. Increased Ensure the technical requirements on treatment of wastewater and run- X X TU1 turbidity in offs surface water TU2 Good management of soil erosion and sedimentation X WW1 Build portable or use temporary toilet in IZs (if needed) • QCVN 14:2008/BTNMT: X Construct septic tank (if needed) and withdraw the wastewater and National technical regulation X WW2 sewage when the construction finishes on domestic wastewater Domestic The Contractor must be responsible for compliance with the relevant X wastewater of WW3 Vietnamese legislation relevant to wastewater discharges into workers watercourses. Wastewater over permissible values set by relevant Vietnam technical X WW4 standards/regulations must be collected in a conservancy tank and removed from site by licensed waste collectors. SW1 Periodic dredging sewers • TCVN 4447:1987: Earth X To avoid sediment-laded runoff that could adversely impact works-Codes for construction X Drainage and SW2 watercourses, install sediment control structures where needed to slow • Decree No. 22/2010/TT-BXD sedimentation or redirect runoff and trap sediment until vegetation is established. on regulation of construction control Ensure drainage system is always maintained cleared of mud and other safety X X SW3 obstructions and periodically check the status of the drainage system 90 Vietnam Industrial Pollution Management Social and Environmental Management Framework Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP Areas of the site not disturbed by construction activities shall be • QCVN 08:2008/BTNMT – X X SW4 maintained in their existing conditions. National technical regulation Earthworks, cuts, and fill slopes shall be properly maintained, in on quality of surface water X SW5 accordance with the construction specifications of CETP outlets or AMS. The Contractor shall follow the detailed drainage design included in the X construction plans, intended to prevent storm water from causing local flooding or scouring slopes and areas of unprotected soil resulting in SW6 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) Ground water • QCVN 09:2008/BTNMT: X pollution due National Technical Standard GW1 Leaks on drainage system must be detected and corrected promptly to sewage on underground water Quality leak Before construction, a solid waste control procedure (storage, provision • Decree No. 59/2007/ND-CP X of bins, site clean-up schedule, bin clean-out schedule, contract with on solid waste management waste management company or waste treatment company to collect waste W1 daily, etc.) must be prepared by Contractors and included in Construction Environment Management Plan and it must be carefully followed during construction activities. X Solid Waste Before construction, all necessary waste disposal permits or licenses must Management W2 be obtained. X Solid waste may be temporarily stored on site in a designated area approved by the Construction Supervision Consultant and IZA prior to W3 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 91 Vietnam Industrial Pollution Management Social and Environmental Management Framework Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP shall the contractor dispose of any material in environmentally sensitive areas, such as in areas of natural habitat or in watercourses. X X W4 Waste storage containers shall be covered, tip-proof, weatherproof and scavenger proof. W5 X X No burning, on-site burying or dumping of solid waste shall occur. X Chemical waste of any kind shall be disposed of at an approved • Decision No. 23/2006/QD- appropriate landfill site and in accordance with local legislative BTNMT with list of HW1 hazardous substance requirements. The Contractor shall obtain needed disposal certificates. • Circular No. 12/2011/TT- Used oil, lubricants, cleaning materials, etc. from the maintenance of BTNMT on management of X X vehicles and machinery shall be collected in holding tanks and removed hazardous substance HW2 from site by a specialized oil recycling company for disposal at an approved hazardous waste site. Chemical or Relevant agencies (IZA or DONRE) shall be promptly informed of any X hazardous accidental spill or incident. Prepare and initiate a remedial action wastes following any spill or incident. In this case, the contractor shall provide HW3 a report explaining the reasons for the spill or incident, remedial action taken, consequences/damage from the spill, and proposed corrective actions. Store chemicals appropriately and with correct labeling X HW4 Communication and training programs should be put in place to prepare X HW5 workers to recognize and respond to workplace chemical hazards • Law on traffic and X transportation No. Traffic Streamline traffic and navigation with consultations with local T1 23/2008/QH12 management government and community, and traffic police • Law on construction No. 16/2003/QH11 92 Vietnam Industrial Pollution Management Social and Environmental Management Framework Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP • Decree No. 22/2010/TT- BXD on regulation of construction safety Interruption U1 Provide information to affected households on working schedules as well Decree No. 73/2010/ND-CP on X of utility as planned disruptions (at least 5 days in advance). (recommended on administrative penalization services AMS more than CETP) security and society isues HS1 Limit speed at the construction site • Decree No. 22/2010/TT- X X HS2 Avoid transportation in rush hours BXD on regulation of X X HS3 Installation of lighting at night construction safety X X Equipped workers with labor protection instruments (ie ear pieces are • Instruction No. 02 /2008/CT- X provided to and used by workers who must use noisy machines such as BXD on safety and sanitation HS4 piling, mixing, etc., for noise control and workers protection.) issues in construction agencies Training workers on occupational safety regulations • TCVN 5308-91: Technical X HS5 regulation on safety in Health and Keep the construction area safe and orderly; construction X X HS6 safety • Decision No. 96/2008/QD- Workers should carry protective clothing and goggles to protect when TTg on clearance of UXO. X HS7 they may contact with chemicals and sludge Prepare and implement action plan to cope with risk and emergency (ie X X in case of problems, stop the construction and implement of necessary HS8 measures) as well as well prepare emergency aid service at construction site Contractor shall comply with all Vietnamese regulations regarding X HS9 worker safety. HS10 Contractor shall comply with all Vietnamese regulations regarding X X worker safety. 93 Vietnam Industrial Pollution Management Social and Environmental Management Framework Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP Communicat C1 Copies in Vietnamese of these ECOPs and of other relevant • Decree No. 73/2010/ND-CP X ion with environmental safeguard documents shall be made available to local on administrative local communities and to workers at the site. penalization security and communities society issues C2 Provide a community relations contact from whom interested parties can X 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. C3 Monitor community concerns and information requirements as the X project progresses; C4 Respond to telephone inquiries and written correspondence in a timely X and accurate manner; Chance find F1 Stop the construction activities in the area of the chance find and • Law on Cultural Heritage X procedures delineate the discovered site or area; Secure the site to prevent any (2002) (in case if the damage or loss of removable objects. • Law on Cultural Heritage Contractor (2009) for supplementary In cases of removable antiquities or sensitive remains, a night guard shall and reformation X discovers archeologica F2 be arranged until the responsible local authorities or the Department of • Decree No. 98/2010/ND-CP l sites, Culture and Information takes over; for supplementary and historical reformation Notify the Construction Supervision Consultant who in turn will notify X sites, remains and responsible local or national authorities in charge of the Cultural objects, Property of Viet Nam (within 24 hours or less); Relevant local or F3 including national authorities would be in charge of protecting and preserving the graveyards site before deciding on subsequent appropriate procedures. This would and/or require a preliminary evaluation of the findings to be performed. The 94 Vietnam Industrial Pollution Management Social and Environmental Management Framework Vietnam code/regulation Applied Applied Issues / Code Mitigation measures applied for CETP for for AMS impacts CETP individual significance and importance of the findings should be assessed graves according to the various criteria relevant to cultural heritage; those during include the aesthetic, historic, scientific or research, social and economic excavation values; or construction) Decisions on how to handle the finding shall be taken by the responsible X authorities. This could include changes in the layout (such as when F4 finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage; Decisions concerning the management of the finding shall be X F5 communicated in writing by relevant authorities; Construction works could resume only after permission is granted from X F6 the responsible local authorities concerning safeguard of the heritage. 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 Difficulties/barriers needed to sources be considered 1 Pollution at the Long-term Regular monitoring effluents of CETP Water IZA, Budget Awareness of workers and outlets Installing warning signs at outlet’s Drainage DONRE, operation factories and CETP location Company IZD of UDC Regular dredging the manhole, sewerage system Reducing the spilling of wastewater 95 Vietnam Industrial Pollution Management Social and Environmental Management Framework Control, regularly monitor and inspect preliminary wastewater treatment at industries 2 Groundwater Long-term Monitoring and controlling the Operation IZA, Budget contamination groundwater quality in the area Unit DONRE, operation Preventing infiltration of anaerobic IZD of CETPs ponds Preventing leakage at connections or transitions in the wastewater pipes 3 Operational Long-term O&M training for workers Operation IZA, Lack of training for operational problems Monitoring of water quality to evaluate Unit DONRE, workers the efficiency of the operation IZD 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) 4 Odors Long-term Ensuring the radius of buffer zone at Operation IZA, Lack of financial budget for least 300 m Unit DONRE, O&M Planting trees in the buffer zone to IZD create landscape and prevent odor dispersion Regular maintenance of treatment units Solving operational accidents 5 Noise Long-term Planting trees Operation IZA, Appropriate O&M regime Unit DONRE, IZD 6 Waste from the Long-term A good plan of collection and treatment Operation IZA, operation Training for workers Unit DONRE, Regular collection of sludge IZD 7 Sludge Long-term Checking sludge quality in order to Operation IZA, Lack of covering the haulage management have a suitable plan: drying and using Unit DONRE, vehicles for making fertilizer or disposing at the IZD 96 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 Long-term, Training on working safety Operation IZA, working safety regularly Regularly checking labor health Unit DONRE, At least two workers working in a IZD operating shift. Keeping a good personal hygiene Prepare detailed guidance of CETP operation manual 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 Immediately implement remedial measures if possible Contractors industries and community on Record in the logbook environmental issues of Discuss with investors, local government to address thoroughly the contradictions Contractors, IZD, IZA, construction and operation DONRE, PC49 activities 97 Vietnam Industrial Pollution Management Social and Environmental Management Framework 2 Construction or operational First aid (if available), immediately call doctor and transfer the victim to the nearest hospital Workers and local residents accidents if necessary Place the danger signs Contractors, CETP, IZD, Make record of the accident 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 CETP hazardous to environment and human health 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). Contractors, Rescue the objects in the danger zone. industries/enterprises CETP, Actively isolate the fire with the existing facilities on site (shepherds, water or fire IZD, IZA extinguisher (if any)). Prepare the emergency plan and emergency response measures Support under the guidance of the functional units until they are present at the scene Contractors, CETP, IZD, (especially in situations detect mines, explosion caused by chemical substances etc.). IZA, industries Support functional units, local government to set up security perimeter around hazardous Contractors, CETP, IZD, areas. IZA, industries/enterprises Check the conditions of fire and explosion safety on site, ensuring the problem does not Contractors, CETP, IZD, continue. IZA, industries/enterprises Suspension of work if they violate conditions of fire safety. 6 Electric accidents Disconnect power sources in the incident area and surrounding areas Contractors, CETP, IZD, Immediate rescue the objects in the danger zone IZA, industries/enterprises Explore the causes of accidents, checking power sources, wires and contacts... Make records of accidents Contractors, CETP, IZD, IZA, industries/enterprises 98 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 99 99 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 Once for 3 months or at the time of accidents: PM10, total particulate, and noise (24-hour average), NOx, SO2, CO. Frequency Positions 1. proposed location of CETP Compared to QCVN 05, 06:2008; TCVN 5949:1998 2 Monitoring of implementation of CEMP Parameters One a month: indicators of CEMP and Frequency 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) 100 100 Vietnam Industrial Pollution Management Social and Environmental Management Framework Parameters Once before dredging: pH, Pb, As, Cd, Hg, Al, Fe, Ni, Mn, phenol and Frequency 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 Once for 6 months or at the time of accidents: Temperature, humidity, and dust, noise (24-hour average), CO, SO2, NO2, NH3, H2S, CH4, VOC Frequency Positions 1. at the CETP Compared to QCVN 05, 06:2008; TCVN 5949: 1998 2 Monitoring of surface water quality Parameters Once per 3 months in the first year of operation and At least once every 6 months or at the time of accidents for following Frequency years: pH, DO, BOD5, COD, SS, Coliform, turbidity, oil and grease, N- NH4, N-NO3-, Cl-, P-PO43-, SO42-, 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) 3 Compared to QCVN 08:2008 Monitoring of groundwater quality Parameters At least once every 6 months or at the time of accidents: pH, TDS, and Turbidity, Hardness, N-NO3, N-NO2, total Fe, Cl-, N-NH3, SO42-, E. Frequency Coli, Coliform Positions groundwater near the CETP Compared to QCVN 09:2008 Monitoring of wastewater Parameters Automatic monitoring station: pH, COD, TSS, and wastewater flow and (continuous monitoring) at effluent discharge point. Frequency 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, 101 101 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 Monthly monitoring at the first year of operation and At least once every 3 months or at the time of operational failures: pH, Frequency 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 102 102 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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: 103 103 Vietnam Industrial Pollution Management Social and Environmental Management Framework − 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 Site supervisor 01 person Lab staff Operating staffs Maintenance staffs 01 person 03 people 01 person Organization profile of CETP 104 104 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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). 105 105 Vietnam Industrial Pollution Management Social and Environmental Management Framework Table 5.5 Capacity building program for implementing EMPs Content Target Number of Time Organization Budget participants Training on operation Workers and 5 Before Experts or CETP manual, chemical technical operation construction analysis, equipment staff of consultant monitoring, risk CETP prevention and response Training on Workers and 5 Before Experts or CETP environmental technical operation construction monitoring, automatic staff of consultant monitoring CETP Working safety and Workers and 5 Before Experts or CETP sanitary hygiene technical operation construction staff of consultant CETP, Environmental quality IZA, IZD, 10/yearly During Experts IZA, monitoring and CETP, other courses operation IZD, inspection industrial CETP staffs Environmental IZA, IZD, 10/yearly During Experts IZA, management and risk CETP, other courses operation IZD, management industrial CETP staffs Table 5.6 Capacity building on environmental protection and management through VIPMP Proposed course Participants Budget Contents should be included in sources term of Safeguard for CETP Course 1: Updating Viet Participant will be updated legal VIMP EIA regulation compliance for Nam legislation system for document on industrial pollution CETP IPM and sustainable management and sustainable Discharge standard development of river basins development of river basin Effluent monitoring and control at Provincial level Course 2: Integrated Integrated environmental planning VIMP Water quality modeling environmental planning and and management knowledge of Calculation of waste water management at Provincial participants is improved receiving capacity level Course 18: Designing and The consciousness on VIMP EIA disclosure information conducting environmental environmental protection of Monitoring results disclosure education and VIPM partners will be improved Information disclosure on CETP communication programs at performance provincial level Community-based monitoring 106 106 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 Included in the Loan proceeds Measures contracts 2 Environmental Training for 50, 000,000 Loan proceeds CETP operation 3 Monitoring environmental Loan proceeds quality during construction 20,000,000 phase (1 year) 4 Annual environmental quality 800,000,000 Loan proceeds and will be monitoring during operation by Included in the CETP 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 1,300,000,000 Loan proceeds and will be of AMS for CETP 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. 107 107 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 108 108 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 Submitted the application of investment project Investor on the State’s recovery of land Presented location or submits the document to provincial Competent agencies authority for final decision Notified the State’s recovery of land. This notification to Provincial People’s be disseminated through local mass media, Commune Committee (PPC) People’s Committee and public places of affected area. Authorized land surveying, mapping to prepare the PPC general plan on compensation, support and resettlement Prepared the general plan on compensation, support and Compensation, Support and Resettlement Committee 109 109 Vietnam Industrial Pollution Management Social and Environmental Management Framework resettlement. (CSRC) or Land Development Organization (LDO) PPC or DPC depending on its authorization Approval of Overall plan on compensation, support and resettlement which included number of people affected, land area and budget 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 Prepared detailed compensation, support and CSRC or LDO Compensation, Support and resettlement plan Resettlement Plan Disclosed compensation, support and resettlement plan in the offices and affected areas (in 20 days) CSRC or LDO Prepared a minute on received opinion on the CSRC or LBO compensation, support and resettlement plan with the confirmation from CPC, community based organizations and revise the plan based on received comments. Appraised the proposed plan and prepare the land Agency of Natural recovery decision Resources and Environment (ii) Release of the decision Issued land recovery decision DPC and/or PPC depending on land recovery, allocation on its authorization and lease. Issue land allocation and lease PPC (iii) Approval of the Submitted the compensation, support and Agency of Natural compensation, support and resettlement plan to relevant People’s Committee Resources and Environment resettlement plan Approved the compensation, support and PPC or DPC (if recovered resettlement plan land located within district) Publicized the approved compensation, support and Agency of Natural resettlement plan Resources and Environment (v) Implementation of the Disclosed the approved plan (at CPC and public place CSRC or LDO CSRC or compensation, support and where land is recovered) LDO resettlement plan Sent the approved plan to affected people 110 110 Vietnam Industrial Pollution Management Social and Environmental Management Framework Paid of Compensation, Support and arrange the CSRC or LDO resettlement (vi) Handover of recovered Received payment and support Affected People land 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. 111 111 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 112 112 Vietnam Industrial Pollution Management Social and Environmental Management Framework • 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. 113 113 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 How Comments were Received Taken into Account 12/08/2011 Nam Dinh DPI Nam Dinh DOP List of targeted IZs Nam Dinh documents of were reviewed Industrial zones List of targeted IZs 15/08/2011 BRVT DPI (Mr. Dang Minh BRVT DOP List of targeted IZs 8:00am-9:00 Thong, Deputy director; Tran BRVT documents of were reviewed Thi Cam Le, local planning Industrial zones management, 0977834778) 9:30-10:00 Pollution control office, IZ Environmental management Proposed solutions of DONRE Hazardous waste, industrial hazardous sludge Ms. Tran Ngoc Thanh waste treatment Oil peak risk management and Understanding on emergency-response plan and function of IZAs program 10:00-10:30 Mr. Nguyen Van Tu Information, documents of My Review of targeted IZs Chairman member Xuan B1-Dai Duong Iz in Dong Nai Province. committee; Mr. Bui Ke 114 114 Vietnam Industrial Pollution Management Social and Environmental Management Framework Nhan, Vice Director of Dai Duong Company, 0903007767 10:30-11:00 Mr. Dang Nhu Bao, Head of Information, documents of Collect and review EIA project department, Thanh Phu My Iz report of Phu My Binh Phu My Joint Stock Company 11:00-12:00 Environmental Monitoring Information and reports of Understand the needs Center environmental monitoring in and capacity of center Mr. Kiet, Deputy Director, BRVT to set up the training 0903809553 Discuss on AMS and SWOT program of monitoring activities Screening the location of AMS. 12:00 – BRVT DoI, Environmental Role of DoI on industrial 12:30 Safety Supervision Office, pollution control 0902444717 Chemical management Chemical emergency response activity and risk prevention 14:00-15:00 PC49, Environmental Role of PC 49 on industrial Identify the role of violation prevention office, pollution control PC49 and discuss their Police Office, Mr. Le Van Gap and difficulties when role in the VIMP Minh, 0913948741; Mr. applying the Vietnam project Duong Khanh Toan, Mr. legislation on industrial Duong Khanh Toan, pollution control 09099920584 15:00 – BIZA, BRVT industrial zone Role of BIZA Role of BIZA on EIA 16:30 management agency Gap of policies and regulation, appraisal is taken into Decree No.29 account Document of project 16/08/2011 Dong Nai 8:30 – 9:30 Tran Anh, DoI, Mr. Phuc, Dong Nai DOP, working plan Introduce the EMF role PC49, Dong Nai documents of and interview them on Industrial zones their role and function 9:30-10:00 Mrs. Hang, Tin Nghia Investment and documents of Visit the site and collect Company Ong Keo, Nhon Trach 3 and EIA Nhon Trach 6 IZs Weakness of existing EIA is taken into account 10:00-10:45 Mr. Nguyen Manh Van, Role of DIZA Building capacity for Deputy DIZA, 090631820 Gap of policies and regulation, DIZA and enforcement risk management, environmental quality environmental monitoring monitoring are taken reports into account Decree No.29 on EIA management Documents of projects 10:45-11:30 Mr. Trinh Trong Trung, Industrial waste, hazardous Assessment on sludge DEPA, 0937276468 waste sludge management treatment Impacts of IZs on environmental, risk Water quality of Dong Nai and Thi Vai Rivers 115 115 Vietnam Industrial Pollution Management Social and Environmental Management Framework 11:30-12:30 Mr. Nguyen Xuan Hoang, Budget and environmental Enhance the Head of laboratory, monitoring network in Dong environmental quality 0919692888 Nai monitoring and control Environmental quality are taken into account problems in Dong Nai Auto-monitoring stations at Vedan, Formosa, Bau Xeo Industries 13:30 – Mr. Nguyen Hoang Hung, Environmental monitoring Enhance of 14:30 Director of Dong Nai network environmental quality environmental monitoring Dong Nai Environmental monitoring and control Protection Fund are taken into account Visit the laboratory facilities 15:00-15:30 Dong Nai Trafic works Joint Documents and information Assessment of existing Stock Company, Vo Thanh about Thanh Phu IZ and its EIA Hien, 0983393315; Mr. Tran CETP Huong Quang, 0913732289 15:30-16:00 Blue Ocean Technology Design of Thanh Phu CETP Check the treatment Joint Stock Company, Ms. technology Nguyen Thi Xuan Loan, 0903665809 15:30-16:30 Sonadezi, Mrs. Nguyen Thi Problem of environmental Enhance of Thuy Linh, 0918221581, monitoring and management environmental quality Deputy head of project of Sonadezi (Long Thanh IZ) monitoring and control management Documents and information are taken into account about Giang Dien IZ and its CETP Quang Trung hazardous waste management Environmental risk Decree No.29 on EIA management 17/08/2011 Ha Nam DPI Ha Nam DOP Screening the IZs Ha Nam documents of Explain the screening Industrial zones process to them and receive the feedback, modify the screening form 20/9/2011 Stakeholders Workshop Representative from 4 Explain the screening provinces comment for reports process to them and of consultants; screening receive the feedback, process modify the screening form and criteria 30/9/10 Working with provinces on List of ready CETP projects Collect the data and priority of CETP projects their information for EIA review 02/04/2012 Meeting with potential Gathering EIA reports and Collect the data and candidate IZs in Dong Nai information their information for Provinces (NT3, NT6, Ong Visit the sites EIA review Keo IZ) Understand about their organization and potential of 116 116 Vietnam Industrial Pollution Management Social and Environmental Management Framework Meeting with Investor (Tin investment, investment Nghia corporation) process Visit NT3 and NT6 CETP sites 03/04/2012 Meeting with potential Gathering EIA reports and Collect the data and candidate IZs in Ba Ria information their information for Vung Tau (Chau Duc) Visit the sites EIA review Meeting with Sonadezi Understand about their corporation organization and potential of investment, investment process Discussion with VEPF Comment on their technical VEPF capacity and guidance their project appraisal is taken into the ESMF Discussion with technical Ask their comment on their Their comments are reviewing consultant team technical guidance 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. 117 117 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. 118 118 Vietnam Industrial Pollution Management Social and Environmental Management Framework WB PROJECT STEERING COMMITTEE MPI, MONRE, MOF, 4 PPC CPMU-MPI (DEZM) VEPF PMU MONRE (VEA) Nam Dinh PPC Dong Nai PPC BRVT PPC (DPI, DONRE, IZA, (DPI, DONRE, IZA, (DPI, DONRE, IZA, PC49) PC49) PC49) IZD, Investor of IZD, Investor of IZD, Investor of IZD, Investor of CETP in Ha Nam CETP in Nam Dinh CETP in Dong Nai CETP in BRVT 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) 119 119 Vietnam Industrial Pollution Management Social and Environmental Management Framework Table 8.1 Tasks of organization related to VIPMP Organization Task in VIPMP Project Lead and instruct all project activities via leading of CPMU-MPI and PMU of Steering sub-projects such as PMU-MONRE, VEPF, PMU-PPC. Members of PSC will Committee meet every 6 months to monitor and evaluate the project works. (PSC) Ensure the project strategy is aligned with Development orientation of Vietnamese Government CPMU-MPI - General coordinator (DEZM) - 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- - Manage and coordinator the component 1 MONRE - Plan, implement and report of their sub-project (VEA) - 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 120 120 Vietnam Industrial Pollution Management Social and Environmental Management Framework - 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 121 121 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 122 122 Vietnam Industrial Pollution Management Social and Environmental Management Framework - 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 # staff stated their needs for training Training topics provision Intensive Intermediate Basic I. Environment management Vietnamese legislation system on industrial pollution 1. prevention and the sustainable development of river 93 73 41 basin 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 Development and deployment of early warning 6 75 81 40 pollution systems Develop and implement EMS in an enterprise and/or 7 61 90 45 industrial park in accordance to ISO II. Environmental monitoring Environmental monitoring techniques 94 73 43 8 123 123 Vietnam Industrial Pollution Management Social and Environmental Management Framework Environmental data processing, analysis and 9 preparation of environment pollution assessment 114 71 24 reports 10 Environmental impact assessment techniques 118 62 23 Develop, operate and manage an environmental 11 79 84 40 monitoring system QA/QC program design, development and deployment 12 57 83 56 in environmental monitoring activities Environmental monitoring equipment management and 13 56 68 64 maintenance 14 Design and develop environmental database 63 100 39 15 Application of ICT into environmental monitoring 68 102 34 Develop and deploy an environmental monitoring 16 program at enterprise level for the purpose of industrial 79 86 32 pollution control III. Environmental information Design, develop and deploy the programs of public 17 70 92 40 awareness raising on environment 18 Communication skills on environment 74 84 41 Community based environmental management 19 53 89 46 planning 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) 124 124 Vietnam Industrial Pollution Management Social and Environmental Management Framework Table 8.3 Estimated annual cost for training program Total Year 2013 2014 2015 2016 2017 (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 125 125 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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 126 126 Vietnam Industrial Pollution Management Social and Environmental Management Framework 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. Training, Workshop, Estimat- Expected Estimated Start Comments No. Study Tour Description ed Cost Outcome/activity Duration Date USD description 1 Course 1: Updating Viet 16,000 Participant will be 1 course June, Self- Nam legislation system updated legal document 2013 implementa for IPM and sustainable on industrial pollution tion development of river management and basins at central level sustainable development of river basin 2 Course 1: Updating Viet 24,000 Participant will be 2 courses July, Self- Nam legislation system updated legal document 2013 implementa for IPM and sustainable on industrial pollution tion development of river management and basins at Provincial level sustainable development of river basin 3 Course 2: Integrated 16,000 Integrated 1 course Septemb Self- environmental planning environmental planning (Central er, 2013 implementa and management and management level) tion knowledge of participants is improved 4 Course 2: Integrated 20,000 Integrated 2 courses October Self- environmental planning environmental planning (Provincial - implementa and management at and management level) Novemb tion Provincial level knowledge of er, 2013 participants is improved 5 Course 2: Integrated 20,000 Integrated 2 courses February Self- environmental planning environmental planning (Local , 2014 implementa and management at and management level) tion Provincial level knowledge of participants is improved 127 127 Vietnam Industrial Pollution Management Social and Environmental Management Framework 7 Course 3 - Concepts of 16,000 The partners of VIPM 1 course April, Self- IWRM. Application in project will be provided central level 2013 implementa Nhue-Day and Dong Nai the concepts of IWRM tion river basins 8 Course 3 - Concepts of 24,000 The partners of VIPM 2 courses May, Self- IWRM. Application in project will be provided Provincial 2013 implementa Nhue-Day and Dong Nai the concepts of IWRM level tion river basins 9 Course 3 - Concepts of 24,000 The partners of VIPM 2 courses March, Self- IWRM. Application in project will be provided Provincial 2014 implementa Nhue-Day and Dong Nai the concepts of IWRM level tion river basins 10 Course 4 - Environment 25,000 The partners of VIPM April, Self- auditing. Application in project will be provided 2014 implementa Nhue-Day and Dong Nai the knowledge on Env. tion river basins at central Auditing level 11 Course 10 - Project 13,000 Project management April, management skills of VIPM partners 2014 will be improved 12 Course 11: Specialized 40,000 The English on 1 course March – Self- Environment English environment of June, implementa course Government staff (who 2014 tion are partners of VIPM project) will be improved 13 Course 12 - Designing 32,000 2 course May, and developing provincial 2014 methodology for water level environment monitoring system in river basins 14 Course 18: Designing 24,000 The consciousness on 2 course June, Self- and conducting environmental provincial 2014 implementa environmental protection of VIPM level tion education and partners will be communication programs improved at provincial level 15 Course 21: Training for 10,000 Improve the financial 1course March Self- financial management for management skills for 2013 implementa Loan loan project for VEPF tion officers 16 Course 22: Training on 10,000 Improve Loan project 1 course March, Self- Loan project cycle management skill for 2013 implementa management for VEPF VEPF officers tion 17 One-week study tour in a 120,000 The knowledge on IPM 1 week August Shopping developed IPM country of the Government 2013 for members of the Leaders (from central to Project Steering local) will be developed committee (15 persons) 18 One-week study tour in a 40,000 1week May, Shopping developed country on 2014 128 128 Vietnam Industrial Pollution Management Social and Environmental Management Framework automatic environment monitoring equipment for operational staff (by person) 19 Inception project 40,000 The contents of VIPM January Self- workshop project will be 2013 implementa introduced to relevant tion Ministries, provinces under the support of the project 20 2 Orientation workshops 40,000 February Self- on on-lending , 2013 implementa mechanism for tion component 2 (1 in Hanoi and 1 in Dong Nai) 21 Project Consultation 20,000 March, Self- workshops on Capacity 2013 implementa Building plan tion 22 National Consultation 40,000 June, Self- workshops on Capacity 2014 implementa Development for tion Management of Industrial zones in Nhue – Day and Dong Nai river 23 Designing and issuing 20,000 February Self- handbook on on-lending –May, implementa program using WB's 2013 tion financial sources 24 Research and 150,000 January Shopping development of – June, Sustainable Industrial 2014 Structures (industrial ecosystems, Eco- Industrial parks, Resource recovery parks, etc) (lump sum) 129 129