Chapter II
FUNDAMENTAL INVESTIGATIONS OF PETROLEUM
Article 10. Organizations conducting fundamental investigations of petroleum
1. On the basis of strategies and planning in respect of energy and mineral resources and proposals of organizations meeting the requirements prescribed in Article 12 of this Law, the Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Natural Resources and Environment and related ministries and agencies in formulating a list of projects to conduct fundamental investigations of petroleum in a manner of ensuring the totality and uniformity and submitting it to the Prime Minister for approval. In the list of projects to conduct fundamental investigations of petroleum, contents of organizations presiding over performance, funding sources and cost estimates, conducting period and forms of organization of fundamental investigations of petroleum must be involved.
In case there is a proposal to conduct a fundamental investigation of petroleum in an area where a fundamental geological investigation of minerals or exploration and extraction of minerals under regulations of laws on minerals, the Prime Minister shall decide the cooperation in conducting between relative organizations and individuals on the basis of ensuring the highest efficiency and maximum national interests.
2. Budget for fundamental investigations of petroleum shall be included in the state budget estimates, budgets of PVN, organizations and individuals.
3. Forms of carrying out petroleum-related fundamental investigation projects include:
a) Assignments in case state authorities and enterprises preside over carrying out the projects;
b) Agreements between PVN and other organizations in case such organizations preside over carrying out the projects.
4. On the basis of the approved list of fundamental investigation projects of petroleum, the Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Natural Resources and Environment and related ministries and agencies in performing the following tasks:
a) Approve detailed guidelines and cost estimates for fundamental investigations of petroleum; approve terms and details of the mutual agreements between PVN and organizations presiding over conducting fundamental investigations of petroleum in cases prescribed in Point b Clause 3 of this Article;
b) Guide organization of carrying out fundamental investigations of petroleum; inspect and supervise the progress of petroleum-related fundamental investigation projects;
c) Check before acceptance of the results of fundamental investigations of petroleum and approve them;
d) Appraise expenditures and approve statements of funding from state budget sources (if any), expenditures of PVN (if any) used to conduct fundamental investigations of petroleum.
5. Reports on the results of fundamental investigations of petroleum shall be updated on the national geology and mineral database system.
6. The Government of Vietnam shall issue detailed regulations on this Article.
Article 11. Contents of fundamental investigations of petroleum
1. Doing geological and geophysical researches and surveys, conducting investigations of geological formations and material compositions, performing parametric drilling to collect data and take samples, make reports, building regional geological and geophysical maps and thematic maps for hydrocarbon exploration, combining to research on hazards of geology, environmental geology and other minerals, making relevant thematic maps.
2. Finding signs of petroleum, assessing petroleum potentials and prospects, locating and classifying by separate objects and groups of geological formations in order to identify new potential areas and orient hydrocarbon exploration.
Article 12. Requirements for conducting fundamental investigations of petroleum
1. Organizations presiding over fundamental investigations of petroleum (presiding organizations) must possess sufficient financial and technical capacity as well as experiences in fundamental investigations of petroleum according to regulations of the Government of Vietnam.
2. Organizations failing to fully satisfy requirements must establish a consortium with other organizations or individuals to fully satisfy requirements for conducting fundamental investigations of petroleum as prescribed in Clause 1 of this Article.
3. Individuals participating in conducting fundamental investigations of petroleum must establish a consortium with organizations to fully satisfy requirements for conducting fundamental investigations of petroleum as prescribed in Clause 1 of this Article.
Article 13. Rights and obligation of organizations conducting fundamental investigations of petroleum
1. Organizations conducting fundamental investigations of petroleum shall comply with the following obligation:
a) Compliance with contents of the approved projects;
b) Assurance about the truthfulness and completeness in collecting and consolidating documents and information on petroleum geology; confidentiality of information found during the period of fundamental investigation;
c) Protection of minerals and other natural resources during the process of fundamental investigation;
d) Submission of reports on the results of fundamental investigations of petroleum to the Ministry of Natural Resources and Enviroment to update them on the national geology and mineral database system.
2. Organizations conducting fundamental investigations of petroleum may transfer the documents collected during the process of fundamental investigation, types of samples with the volumes and types in conformity with the nature and requirements abroad to analyze and experimentally process according to the approved projects and comply with laws on protection of state secrets and other relevant laws.
3. Organizations other than state authorities and enterprises conducting fundamental investigations of petroleum shall have the rights prescribed in Clause 2 of this Article and the following rights:
a) Manage the exploitation and use of information, data and results of the fundamental investigations of petroleum according to the approved agreements;
b) Use information according to the commitments to document security, be able to submit a proposal to recover costs spent when participating in bidding and signing petroleum contracts at oil blocks in the fundamentally investigated areas under the projects.
Article 14. Management, exploitation and use of samples, documents, information, data and results of fundamental investigations of petroleum
1. State authorities and enterprises in charge of fundamental investigation of petroleum shall manage the samples, documents, information, data and results of the fundamental investigations of petroleum conducted by them; other organizations in charge of fundamental investigation of petroleum shall submit their approved samples, documents, information, data and results of the fundamental investigations of petroleum to PVN for management thereof.
2. Organizations and individuals shall be able to exploit and use documents, information, data and results of the fundamental investigations of petroleum to do researches, assessments and propose signing petroleum contracts and must pay fees for exploitation and use of petroleum documents according to regulations of laws on fees and charges or the approved agreements.
3. Organizations and individuals accessing, referencing, exploiting and using documents, information, data and results of the fundamental investigations of petroleum must ensure information security according to laws and agreements.
4. The Government of Vietnam shall elaborate this Article.
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