1. GENERAL PROVISIONSThe Contractor shall take all necessary measures and precautions and otherwise ensure that the execution of the Works and all associated operations on the Work Sites or off-site are carried out in conformity with statutory and regulatory environmental requirements of the Government of Vietnam. Another documents that require the conformance of the Contractor are the Environmental Management Plan (EMP) of NH6 - Hoa Binh Son La section (Km 78+300 - Km303+790) of Component B -Periodic Maintenance, which were prepared by the Project Owner and approved by the World Bank exclusively for this Contract, and the hard copy of the EMP will be included in this bidding package .The EMPs are included in this bidding package to the Contractor for his pricing as part of this tender. The Contractor shall take all measures and precautions to avoid any nuisance or disturbance arising from the execution of Project Activities. This shall, wherever possible, be achieved by prevention of the nuisance at source rather than abatement of the nuisance once generated. The Contractor will also be required to compensate for any damage, loss, spoilage, or disturbance of the properties and health of the project affected people during construction as specified by Section 3.3. Contractors are encouraged to recruit local skilled and unskilled labor to increase direct benefits in the Project Area and to minimize potential environmental issues related to construction camps, disease transmission and cultural disputes. Specific requirements in this regard are noted below. In conformance with the Contract Specifications of which these Environmental Provisions are a part, the Engineer may withhold payments and/or stop construction in the event of serious or repeated violations of the conditions stipulated herein.2. REQUIREMENT FOR CONTRACTOR ENVIRONMENTAL MANAGEMENT PLANThe Contractor is required to prepare and submit a Contractor’s Environmental Management Plan (CEMP) based on the Contractor's actual detailed construction methodologies, work program, management of construction activities and management of workforce for review and approval by Construction Supervision Consultant and PMU3 no later than 28 days after Commencement Date. The CEMP shall be organized as follows:+ Management Acknowledgements (Item 1.0)+ Organization & Staffing (Item 2.0)+ Communications And Reporting (Item 3.0)+ Environmental Management Provisions (Item 4.0), including environmental+ Management and monitoring measures.Contractors should particularly note that aspects of the CEMP will affect the ability to commence work, including the following:+ Appointment and approval of a Safety& Environment Officer (SEO) is required before work can commence. The SEO shall be subject to the SES’s approval. The Contractor shall not undertake any works on the Site until the SEO has commenced duties on Site unless specifically agreed in writing by the SES.+ Environmental baseline surveys are required prior to occupation of the Site as specifiedin detail below.+ Initial Work Safety and Environment Induction Courses are required for all workmenon the Site prior to their commencement of work.2.1 MANAGEMENT ACKNOWLEDGEMENTS2.1.1 CERTIFICATION AND COMMITMENTThe CEMP submitted by the Contractor shall be certified by the SEO and provide a signed statement from the Contractor’s managing directors attesting to a commitment that all environmental protection, safety, and industrial health aspects of the Project will be given highest priority in the discharge of contractual obligations and certifying a commitment to the provisions specified by the CEMP as approved by the Safety and Environment Supervisor (SES) of the Construction Supervision Consultant (CSC).The CEMP shall provide details such as commitment to environmental protection by the Contractor’s Project Management Team; methodology of implementing the project EMP; detailed designs and installation of pollution control facilities (e.g. drainage channel, settling tank, temporary noise barrier, etc); environmental control mechanism; detailed earthworks management plans and site operation plans outlining the measures that are proposed to minimize, mitigate and manage the effects, for the duration of the construction works; and environmental monitoring program during different stages of construction period.Statutory Understanding and ComplianceThe CEMP shall provide a statement attesting the firm’s understanding of, and means of ensuring due compliance with, the statutory regulations relating to construction work in the Government of Vietnam, specifically in regard to compliance with:(a) All safety and industrial health legislation including, without limitation, the Rules and Regulation of the Government of Vietnam and the authorities having jurisdiction.(b) All current environmental laws and regulations, be they national or local, related to the following, but not limited to:
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