Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment ...

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24 Appendix 5 48. MAUR shall ensure that environmental approvals required by Viet Nam , such as those from the Ministry of Natural Resources and Environment and other relevant agencies, are obtained on a timely manner. Copies of such approvals shall be submitted to ADB upon issuance. 49. MAUR will ensure timely and satisfactory implementation of EMP provisions. MAUR shall ensure that all bidding documents and civil works contracts include the EMP and shall ensure compliance of contractors to the provisions of the EMP. 50. The environmental assessment of Tranche 2 and subsequent tranches as well as projects, components and subprojects to be prepared after MFF approval shall be conducted consistent with ADB's SPS 2009 and the environmental assessment and review framework (EARF) agreed between MAUR and ADB. 51. MAUR shall adequately supervise the construction works carried out by contractors to ensure compliance with the monitoring and mitigation measures set forth in the EMP. MAUR shall ensure that consultants engaged for construction supervision monitor closely the compliance by the contractors with the EMP. Semi-annual reports on implementation of the EMP will be submitted by MAUR to ADB on a timely basis. 52. Prior to commencement of site works, MAUR shall establish an environmental grievance redress mechanism, acceptable to ADB, to receive and facilitate resolution of affected peoples' concerns, complaints, and grievances about the Project's environmental performance. MAUR shall make public the existence of this grievance redress mechanism through public awareness campaigns; review and address environmental grievances of stakeholders in relation to the Program, any of the service providers, or any person responsible for carrying out any aspect of the Program; and proactively and constructively respond to such grievances. 53. For Tranche 2 as well as any subsequent tranches or components likely to have significant environmental impacts (Category A), MAUR shall engage and retain qualified and experienced external expert(s) to review and verify the environmental monitoring information provided by MAUR to ADB with regard to EMP implementation. Such expert shall not be involved in day-to-day project implementation or supervision nor an employee of any firm which has been contracted for the construction phase of the Project. The external expert shall undertake monitoring annually and shall submit corresponding report to HCMC PC and ADB. B. Involuntary Resettlement 54. Viet Nam will ensure that the entire Program is carried out in accordance with Viet Nam’s applicable laws and regulations, ADB’s Safeguard Policy Statement (2009), and the agreed Resettlement Framework (RF). In case of discrepancies between Viet Nam ’s laws, regulations, and procedures, and ADB’s policies, ADB policies will prevail. 55. MAUR will ensure that the preparation of the resettlement plan for the mainline will be in accordance with the agreed RF. Following detailed design, the RP will be prepared through the conduct of census and detailed measurement survey (DMS) to determine the actual impacts on land and assets of each household. Consultation and disclosure activities will be undertaken. A qualified appraiser will be engaged to carry out replacement cost survey for land and non-land assets. The RP will be submitted to ADB for review and concurrence. Land acquisition,
Appendix 5 25 relocation of affected households, and clearance of land will not commence until the RP has been agreed between ADB and MAUR and the provisions in the agreed RF have been implemented satisfactorily. 56. MAUR will only issue Notice-to-Proceed to the civil works contract to commence construction activities for a specific section once the head of the District Compensation Board has officially confirmed in writing that (i) payment has been fully disbursed to the displaced persons and rehabilitation measures are in place for that specific section as per RP agreed between MAUR and ADB; (ii) already compensated DPs for that specific section have been cleared the area in a timely manner; and (iii) that the specific section is free from any encumbrances. 57. MAUR is responsible for disclosing and disseminating the RP (draft and final) as required in the relevant laws of Viet Nam and ADB Safeguard Policy Statement. Copies of the resettlement external monitoring reports on RP implementation will be made available to MAUR office and affected wards. 58. MAUR will ensure that the agreed resettlement corrective action plan for the depot priority area for Tranche 1 between MAUR and ADB will implemented. 59. MAUR will carry out resettlement due diligence for the remaining depot area and will submit to ADB a Corrective Action Plan if there are any outstanding issues. The Corrective Action Plan may include additional compensation, assistance in cash or in kind, and supplementary interventions such as income restoration programs to already-compensated households. These activities will be done in parallel with the preparation of the RP and planning of income restoration measures. 60. MAUR shall adequately supervise RP implementation and the construction works carried out by contractors to ensure compliance with the monitoring and mitigation measures set forth in the RF and RP. Quarterly reports on implementation of the RP will be submitted by MAUR to ADB on a timely basis. C. Social Dimensions 61. MAUR will ensure that all Works contracts under the Project incorporate provisions and budgets to the effect that contractors: (a) comply with the Viet Nam’s applicable labor laws and related international treaty obligations and do not employ child labor; (b) provide equal wages to male and female workers for work of equal value; and (c) carry out the HIV/AIDs and Human Trafficking Prevention Program in the construction campsites. 62. MAUR will implement the agreed Gender Action Plan (GAP) developed for the Project to ensure the effectiveness of gender mainstreaming. The GAP will include but not be limited to: (1) use of employment targets for women and gender-specific core labor standards as part of all civil works and other transport services employment generation; (2) consideration of genderinclusive physical design features in new transport infrastructure and sustainable transport measures; (3) targets for women’s participation and inclusion of gender-related content in capacity building activities; (4) reference to gender in TORs for consulting services, research and plans developed under the project; and (5) mitigating gender-related impacts of resettlement, and increased risks of human trafficking and HIV/AIDS.
Page 1 and 2: DRAFT FRAMEWORK FINANCING AGREEMENT
Page 3 and 4: commitment charges,which are in eff
Page 5 and 6: Arrangements Project Design and Mon
Page 7 and 8: Appendix 1 7 discourage private tra
Page 9 and 10: Appendix 1 9 improvements and expan
Page 11 and 12: Appendix 1 11 gateway seaports, int
Page 13 and 14: Appendix 1 13 urban transport measu
Page 15 and 16: Design Summary Impact An integrated
Page 17 and 18: Appendix 2 17 Design Summary Perfor
Page 19 and 20: procedures. D. Accounting, Auditing
Page 21 and 22: A. Requirements SCHEDULE 4 SELECTIO
Page 23: SCHEDULE 5 SOCIAL DIMENSIONS AND SA
Page 27 and 28: Appendix 6 27 studies undertaken in
Page 29 and 30: Date: To: Asian Development Bank 6
Page 31 and 32: Implementation Arrangements Procure
Page 33 and 34: Design Summary 3 Provision of socia
Page 35 and 36: PROCUREMENT PLAN Annex D Basic Data
Page 37 and 38: National Competitive Bidding 1. Gen
Page 39 and 40: submitted, how prices should be off

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