Nghị định 13/2011/NĐ-CP về an toàn công trình dầu khí trên đất liền

DECREE

ON SAFETY OF ONSHORE OIL AND GAS WORKS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Fire prevention and fighting 2001;

Pursuant to the Petroleum Law dated July 6, 1993; Law amending and supplementing a number of articles of the Petroleum Law dated June 9, 2000; Law amending and supplementing a number of articles of the Petroleum Law dated June 3, 2008;

At the proposal of the Minister of Trade and Industry;

DECREE:

Chapter 1.

GENERAL PROVISION

Article 1. Scope of adjustment and subject of application

1. This Decree provides for the safety of onshore oil and gas works (hereinafter referred to as the oil and gas works), including the islands, sphere of seaport, rivers, but excluding offshore oil and gas works to ensure the safety for people, society, environment and assets.

2. This Decree applies to Vietnamese agencies, organizations and individuals and foreign organizations and individuals in Vietnam having activities related to oil and gas works.

Article 2. Explanation of terms

In this Decree, the terms below are construed as follows:

1. Onshore oil and gas works including: works of petroleum and petroleum products; processing and petrochemical refining plants; gas works; exploration and exploitation of oil and gas works and other works directly related to oil and gas activities onshore.

2. Onshore gas works including: works of handling, processing, transporting, receiving, storing and distributing gas and liquefied gas.

3. Works of oil and petroleum products (DM & SPDM) including: the Port of import and export, storage and transportation pipeline system of crude oil, gasoline, diesel oil (DO), fuel oil (FO), Kerosene, jet fuel, reformate, Naphtha, condensate and oil-derived products mixed with biofuels.

4. Processing and petrochemical refining plant is a facility of the implementation of the process of crude oil processing technology and other materials to create the oil refining and petrochemical products, including: plant, ancillary works, storage system, storage tank of materials and products, transportation pipeline system, exit and entry, breakwaters and other related items of maritime works of the plant.

5. Horizontal pipeline is the one used to transport gas, oil and petroleum products is installed underground by method of Horizontal Directional Drilling (HDD).

6. Flying funnel: a space limiting obstructions at the beginning and the end of the street take off and landing runway to ensure the safety of aircraft.

7. Operators are organizations and individuals responsible for the operation of oil and gas works.

8. Risk assessment is the assessment of the potential risks on the basis of standard risk, and identification of risk reduction measures.

Article 3. Safety distance

Organizations and individuals are allowed to determine the permissible minimum distance on the ichnography or a front elevation from the outer edge of the oil and gas works to the nearest point of the adjacent object to ensure the safety of oil and gas works.

Article 4. Risk standard

Organizations and individual risk standard can use risk standard for the analysis and assessment of overall risk during the principle design and engineering design, construction, equipment installation and operation process, transforming, dismantlement and destruction of works.

Article 5. Classification of residential area.

1. The requirements for the design, performance and operation of the pipeline must be based on the residential classification determined on the basis of the average housing density as follows:

a) Area to calculate the average density is a rectangle with two sides parallel to the pipe line is determined from the edge of the pipe equidistant from two sides of the pipe conduit, each side is 200 m and two sides perpendicular to the pipe line are 1000 m away from each other. Each area cell is called a basic area unit.

b) The basis for calculating the population is the number of inhabited houses in the said area. Each house has no more than one family living and the house structure is not more than 2 storeys;

c) If in the area with apartments, semi-detached and fourplex villas, houses with structure of three storeys or more, etc. It must calculate the total number of households living in that house, a household is considered to be a house;

d) For areas with dormitories, factories, factories, agencies, etc. It must convert from the number of people who regularly live or work to the equivalent number of households. A household shall include four persons.

2. Organizations and individuals shall perform classification of residential area as specified in Appendix I of this Decree.

Article 6. Classification of oil and gas works

Organizations and individuals are allowed to determine safe distance for oil and gas by the following classification:

1. Storage classification

Storage of oil and gas products, including:

a) Storage of gas and liqufied gas products: pressure storage and cold storage;

b) Storage of oil and oil products

2. Storage classification

a) Pressure storage contains liquefied gas and liqufied gas products

Grade 1 storage: Over 10.000 m³

Grade 2 storage: From 5.000 m³ to 10.000 m³

Grade 3 storage: Less than 5.000 m³

b) Storage of oil and oil products including:

Grade 1 storage: Over 10.000 m³

Grade 2 storage: From 5.000 m³ to 10.000 m³

Grade 3 storage: Less than 5.000 m³

3. Classification of Port of import and export of oil and oil products

a) Port of import and export is classified by type of product received at port and dock loading including:

Port of import and export grade 1: products having flash temperature equal to or less than 37,8⁰C (LPG, LNG, CNG, gasoline of various types, jet fuel, condensate, v,v) and being capable to receive with load of over 50.000 DWT.

Port of import and export grade 2: products having flash temperature equal to or less than 37,8⁰C (LPG, LNG, CNG, gasoline of various types, jet fuel, condensate, v,v) and being capable to receive with load of equal or less than 50.000 DWT.

Port of import and export grade 3: products having flash temperature of over 37,8⁰C (kerosene, diesel, mazut, lubricants, etc.) and being capable of receiving ships of over 50,000 DWT.

Port of import and export grade 4: products having flash temperature of over 37,8⁰C (kerosene, diesel, mazut, lubricants, etc.) and being capable of receiving ships of equal or less than 50,000 DWT.

b) In case the port imports and exports various types of product simultaneously, the grade of port is determined by the type of product with the lowest flash temperature.

a) Pipeline of gas and gas products;

b) Pipeline of oil and oil products.

5. Classification of pipeline of gas and gas products: The pipeline of gas and gas products is classified by permissible maximum operation pressure including:

a) Pipeline of gas grade 1: equal or over 60 bars;

b) Pipeline of gas grade 2: from 19 bars to less than 60 bars;

c) Pipeline of gas grade 3: from 7 bars to less than 19 bars;

d) Pipeline of gas grade 4: from 2 bars to less than 19 bars;

e) Pipeline of gas grade 5: less than 2 bars;

6. Classification of pipeline of oil and oil products: The pipeline of oil and oil products is classified by permissible maximum operation pressure including:

a) Pipeline grade 1: equal or over 60 bars;

b) Pipeline grade 2: from 19 bars to less than 60 bars;

c) Pipeline grade 3: less than 19 bars;

7. Classification of valve station, shuttle launching and receiving station, gas distribution station.

The valve station, shuttle launching and receiving station, gas distribution are classified by the permissible maximum operation pressure by the following grades:

a) Grade 1 station: equal or over 60 bars;

b) Grade 2 station: from 19 bars to less than 60 bars;

c) Grade 3 station: less than 19 bars;

8. Classification of gas processing/treatment plant

a) Special grade: capacity >10 million m³ gas/day

b) Grade 1: capacity from 5 - 10 million m³ gas/day;

c) Grade II: capacity< 5 million m³ gas/day;

9. Classification of petrochemical refining plant

a) Special grade: crude oil processing capacity > 500,000 barrels/day

b) Grade I: crude oil processing capacity from 300,000 – 500,000 barrels/day

c) Grade II: crude oil processing capacity from 100,000 – 300,000 barrels/day

d) Grade III: crude oil processing capacity < 100,000 barrels/day

Article 7. Objects adjacent to oil and gas works

Organizations and individuals determine objects adjacent to oil and gas works including:

1. Residential area

a) Residential area is classified on the basis of average house density as prescribed in Appendix I issued together with this Decree.

b) School, hospital, theatre, commercial center, supermarket or concentrated market area.

2. Concentrated industrial park with regulated limitation sphere.

a) Foot of boundary fencing wall adjacent to industrial park;

b) Roads, water supply and drainage works in the concentrated industrial park installed parallel to the pipeline or adjacent boundary of the others oil and gas works.

3. Plant, factory and independent agricultural and industrial production works.

4. Area of exploration and exploitation of mineral mine (from the outer adjacent boundary of the area).

5. Transportation works

a) Road running parallel to the adjacent boundary of oil and gas works; road tunnel;

b) Railway running parallel to the adjacent boundary of oil and gas works

c) Airport (from the boundary of flying funnel)

d) Sea port, river port and ferry;

e) Port of export and import.

6. Electrical works

a) Hydroelectric power plant;

b) Thermolelectric power plant;

c) High voltage cable lines or national power grid (from the boundary of the safe corridor boundary of power grid); electric pole and substation;

d) Other electric works

7. Water supply works; dams, irrigation station, river and sea dikes, irrigation canals running parallel to the oil and gas works.

8. Storage and import and export station of oil and oil products; storage of flammable materials.

9. Gas treatment and rocessing plant, gas distribution station, valve station, shuttle launching and receiving station.

10. Area and ranch of farm animals, poultry, aquaculture, concentrated industrial and agricultural and forestry crops and food storage.

11. Forest (coniferous leaves, grass, large leaves).

12. National cultural heritage, natural reserve, national parks, historic and cultural relics and natural heritage and landscape have been ranked by the State, tourist areas and other public works.

13. Transceiver column of information and radio

14. Communication cables, power cables, underground water drainage and supply pipe.

15. Other works.

Chapter 2.

ENSURING SAFETY OF WORKS OF SEARCH, EXPLORATION AND EXPOLITATION OF OIL AND GAS

Article 8. Principle to ensure safety of works of search, exploration and expolitation of oil and gas and works to serve the activities of search, exploration and expolitation of oil and gas

1. Organizations and individuals conducting activities of search, exploration and exploitation of oil and gas and building works to serve these activities must comply with the safety regulations set out in the Regulation on safety management in the petroleum activities issued by decision No. 41/1999/QD-TTg dated March 8, 1999 of the Prime Minister.

2. Where it is necessary to use a safe distance for the purpose of security, national defense or other special purposes, the Ministry of Industry and Trade shall assume the prime responsibility and coordinate with the ministries and sectors to make study and proposal to the Prime Minister for consideration and decision.

Article 9. Setting up safe distance

1. Organizations and individuals conducting the search, exploration and exploitation of oil and gas and building of works to serve activities must set up safe distance and forms of public dissemination regulations on safe protection to organizations and individuals for recognition and observance.

2. Organizations and individuals conducting the search, exploration and exploitation of oil and gas and building of works to serve these activities must make report on quantitative assessment of risks as a basis for determining the safety distance and submit it to the Ministry of Industry and Trade for consideration and approval of the results of risk assessment and determination of the safe distance of these works.

Chapter 3.

ENSURING SAFETY FOR GAS WORKS

Article 10. Regulation on distance between pipelines

1. The minimum distance between 02 pipelines is the distance on the ichnography between two nearest edges of pipe including:

a) Two underground gas pipelines running parallel.

b) Two gas pipelines running in parallel, there is an underground pipeline and an open pipe.

c) Two open gas pipelines running parallel (no differentiation of type of pipeline) with level of risk must meet standards of risk as prescribed;

d) Two gas pipelines are designed and performed, the distance between them can be lowered maximally but must meet standards of risk as prescribed;

e) Distance between two open pipe sections in the scope of valve stations, shuttle launching and receiving station must not be less than the distance between them before going to the stations.

f) For crossing pipelines, the safe distance is determined by the front elevation.

2. Safe distance between pipelines is prescribed in the Appendix II issued together with this Decree.

Article 11. Safe distance of gas pipeline passing adjacent objects

Organizations and individuals determine the safe distance of the gas pipeline through adjacent objects specified in Appendix II issued together with this Decree.

Article 12. Ensuring the safety of pipeline in the power grid corridor

For pipes in the corridor grid, organizations and individuals shall comply with the provisions of the law on electricity to ensure pipeline safety.

Article 13. Safe distance by the front elevation from the pipe top to other works for pipeline performed by the Horizontal Directional Drilling - HDD

Organizations and individuals shall determine the safe distance by the front elevation from the pipe top to other works for pipeline performed by the Horizontal Directional Drilling – HDD as prescribed in Appendix II issued together with this Decree.

Article 14. Safe distance for processing plant, liquefied gas storage, liquefied gas products and port of gas import and export, gas distribution station, valve station and shuttle launching and receiving station

1. Organizations and individuals shall determine the safe distance for processing plant, pressure and gas storage, gas products and port of gas import and export, gas distribution station, valve station and shuttle launching and receiving station as prescribed in Appendix II issued together with this Decree.

2. For gas cold storage, organizations and individuals shall develop safe distance on the results of quantitative assessment of risks and submit it to the Ministry of Industry and Trade for consideration and approval and determination of the safe distance of these works.

Article 15. For part of open pipe

In case the whole or part of the open gas pipeline on the ground, the organizations and individuals shall apply the safe distance corresponding to part of that open pipe and strengthening technical measures in accordance with Article 24 of this Decree.

Chapter 4.

ENSURING WORKS OF OIL AND OIL PRODUCTS

Article 16. Safe distance for storage, port of import and export of oil and oil products

1. Organizations and individuals determine the safe distance for storage and port of import and export of oil and oil products as prescribed in Table 1 and 3 of Appendix II issued together with this Decree

2. For port capable of receiving vessels of 50,000 DWT or more on international activities, organizations and individuals must comply with the provisions of the International Code for ship and port security under Decision No.191/2003/QD-TTg dated September 16, 2003 of the Prime Minister.

Article 17. Regulations on the distance between 02 pipelines of oil and oil products

The distance between 02 parallel and adjacent pipelines of oil and oil products on the same pipe line is the distance on the ichnography between two outer adjacent walls of pipe and must be determined according to the design standards.

Article 18. Ensuring safety of the pipepine of oil and oil products in the corridor of power grid.

In the corridor of power grid, organizations and individuals building pipeline of oil and oil products must comply with regulations of law on power to ensure safety of the pipeline.

Article 19. Safe distance when the pipeline of oil and oil products passes the adjacent objects.

1. Organizations and individuals determine the safe distance when the pipeline of oil and oil products passes the adjacent objects as prescribed in Appendix II issued together with this Decree.

2. In case on the same pipe line with many pipes, the organizations and individuals determine the safe distance of the pipe line under the plan to satisfy the safe distance for all pipes on the pipe line.

Article 20. For part of open pipeline

In case the whole or a part of the pipeline of oil and oil products is placed on the ground, the organizations and individuals shall determine the safe distance corresponding to that part of the open pipeline and apply strengthening technical measures as prescribed in the Article 24 of this Decree.

Chapter 5.

ENSURING SAFETY OF PROCESSING PLANT, REFINERY – PETROCHEMICAL PLANT

Article 21. Safe distance for processing plant, refinery – petrochemical plant

1. Organizations and individuals determine the safe distance for the area of the plant as 30m from the foot of bent embankment; and from foot of the fence for the area without bent embankment.

2. For safe distance from processing plant, refinery – petrochemical plant to the adjacent objectsnot subject to provisions in clause 1 of this Article, the organizations and individuals shall comply with provisions in the Appendix II issued together with this Decree.

Article 22. Relevant items of processing plant, refinery – petrochemical plant

For safe distance for relevant items of processing plant, refinery – petrochemical plant, the organizations and individuals shall comply with provisions in the Appendix II issued together with this Decree.

Chapter 6.

MEASURES TO PROTECT OIL AND GAS WORKS

Article 23. Work to prevent fire and explosion.

1. The oil and gas works must be designed, constructed, operated and repaired under the national technical regulations, national standards and foreign standards, regional standards, international standards and consistent with Vietnamese laws to ensure the prevention and control of fire and explosion hazard.

2. Organizations and individuals have to develop the emergency response, providing a full range of human resources to carry out the plan for the implementation of regular exercises as prescribed by law.

3. Organizations and individuals must be equipped with a full range of fire fighting equipment up to national and international standards. These devices must be compatible with the type of combustible materials in the works.

4. Organizations and individuals have to prevent the fire-generating sources as follows:

a) Lightning-resistant grounding and electrostatic resistance;

b) Using safe equipment consistent with the workplace area;

c) Using equipment which do not generate sparks.

5. Organizations and individuals have to install passive fire protection systems, fire walls to protect the area with people working regularly.

6. Organizations and individuals have to install and use the spark arrestor at the positions and equipment generating sparks.

7. Organizations and individuals have to install fire alarm system in the scope of works.

Article 24. Safe strenthening technical measures for oil and gas works

Organizations and individuals have to apply safe strenthening technical measures to raise safety level for oil and gas works including:

1. For the storage: Applying technical solutions to reduce vapor emissions of oil and oil products ( close input and output; using floating roof; heat-reflecting paint of tank wall; applying vapor recovery system) and controlling contaminated fuel waste water; using fire wall, trenches against spreading oil spill and fire spread; applying  observing equipment of storage protection, fire alarm and effective fire fighting system; building side fence to form a buffer and patrolling way around the storage and other measures.

2. For port: Installing buoy and light system at night; equipped with facilities and oil spill response plan; equipped with and applying positioning system, guiding ships to land automatically; automatic fire fighting system and other safety measures.

3. For pipes: increasing wall thickness of pipe, depth of buried pipes; enhancing the soil layer on the pipe, encasing concrete encased or automatic systems, valve system, enhancing safety equipment and other safety measures.

Article 25. Regulations on assessment of risks of oil and gas works.

Organizations and individuals assess risks of oil and gas works in accordance with provisions in the Regulations on safety management in activities of oil and gas under Decision No. 41/1999/QD-TTg dated March 08, 1999 of the Prime Minister.

Article 26. Regulations on design of oil and gas works.

1. Organizations and individuals designing oil and gas projects must comply with the provisions of the national technical standards, national standards on design requirement, installation, operation and safety requirements relating to each object of oil and gas. Organizations and individuals may apply all or part of the foreign standards, international standards in the case of no national technical regulations and national standards on this issue.

2. Reduction of safe distance from the oil and gas works to the adjacent objects in Appendix III issued together with this Decree must apply one of the strengthening technical safety solutions prescribed in Article 24 of this Decree consistent with the object of works.

3. Organizations and individuals building pipeline of gas, oil and oil products must comply with the following regulations:

a) Pipe wall thickness shall be determined in accordance with current design standards;

b) The depth of underground pipeline for pipeline from level 1 to level 3 is 1 meter minimally and 0.6 m for the remaining level of pipeline from the finishing ground to the top of the pipeline in accordance with the provisions of current regulations. When the pipeline is placed underground through the wetlands such as rivers, streams, canals, channels, ditches, lakes, ponds, marshes and other wetlands, this depth is determined from the bottom of the above area. Organizations and individuals can place pipeline at the bottom of the above wetlands, but must take measures to ensure safety for anti-collision of pipelines, ensure the waterway means of transportation not to collide or hit the pipeline. Where the underground pipeline running across roads or railways, the organizations and individuals must apply strengthening additional technical solutions for anti-shock and hitting of pipelines;

c) Design and construction of new pipelines parallel or across the active pipeline of gas, oil and oil products under operation must not reduce safety level and must have an agreement with the investor of oil and gas works of active pipelines before installing new pipelines;

d) The oil and gas works that are subject to adjustment but have not been classified in this Decree shall be approved by the State management agencies for the design and construction permits prior to performance.

Article 27. Regulations on the performance of installation of oil and gas works

1. Organizations and individuals performing oil and gas works are permitted for implementation when the safe distance has been determined under this Decree except for the case of emergent incident settlement.

2. Investors of oil and gas works shall have the construction plans, fire and explosion prevention and environmental protection plan during construction process, submit them to the State management agencies for consideration and approval in accordance with the law prior to implementation.

3. Organizations and individuals carry out the construction and installation; the investor shall fully implement the provisions of the law on safety for each stage of the construction process, acceptance and running test of works.

4. Investors may request competent state agencies to provide land for the project and make compensation for ground clearance under the provisions of law. Investors, organizations and individuals building and installing works can lease land for the construction and installation of oil and gas pipelines with the land user in accordance with the law; after the completion of construction, the investot shall be responsible to return the rented portion of the space to the land user as agreed.

Article 28. Regulations on the operation, maintenance and repair of oil and gas works

1. The works investor shall notify the competent State agencies on the operator of oil and gas works.

2. The operator of the works have to develop the processes and rules of operation, testing, monitoring, maintenance, emergency response plans, fire prevention and fighting plans and environmental protection in the course of operation, renovation and repair of oil and gas works and submit them to the investor for approval.

3. The operator of the works must periodically check and assess the condition of oil and gas works once for not more than 5 years. Make sure the operating pressure of the oil and gas pipeline does not exceed the maximum operating pressure under the approved design.

4. The operator of the works must store information, operational data, accidents, incidents and losses as well as information on the survey, repair, patrol, technical testing results, written handling of violations and measures to remedy the incidents for the oil and gas works.

5. The operator of the works is responsible for reporting the relevant agencies on all accidents and incidents in accordance with the provisions of applicable law and is responsible for remedy and rehabilitation of operation of the works.

6. Investor of petroleum pipelines has the right to lease strip of land for installation of markers, signs, signals, anti-corrosion column etc. during operation of the pipeline or leasing more land (if necessary) to perform maintenance and repair. The land lease must be made in writing.

Article 29.Prohibited activities in a safe distance from the oil and gas works

Within a safe distance of the oil and gas works, seriously prohibiting activities that are likely to cause harm directly or indirectly to the operation and safety of oil and gas works including:

1. Activities are likely to cause fire, explosion and subsidence

2. Plantation

3. Discharging corrosive agents.

4. Organizing people gathering, tour and travelling activities without permission of the competent authority.

5. Berthing means of waterway transportation, fishing of marine products, sand mining, illegal dredging or underwater exploitation activities which can hinder the operation and safety of oil and gas works and the means going out and into oil and gas works, except for water flow control operations and transport operations on the river.

6. Where the pipe or pipe line installed across a river, at any time, the nearest point of the anchorage system of the means must be 40m away from both upstream and downstream of the pipeline, not allowing anchorage of means of waterway transport, fishing of marine products, sand mining, dredging or other underwater activities which can cause harm to the pipeline; except the control activities of water flow and operation and transportation on the river.

Article 30. Signs and signals

1. Investor of oil and gas works must place prohibition notice and sign in conformity with current regulations and standards.

2. Along the underground pipeline of oil and oil products, the investor must place marker or identification sign.

Signs, notice boards, warning boards, markers and identification sign must be placed in conspicuous positions, written in Vietnamese, capital letters, clearly and legibly, and must contain the name of agency, address, contact telephone number in case of emergency.

Chapter 7.

RESPONSIBILITIES FOR SAFETY OF OIL AND GAS WORKS

Article 31. State management responsibilities of the ministries, ministerial-level agencies

1. State management responsibilities of the Ministry of Industry and Trade

a) Promulgating legal normative documents and safety regulations to ensure the safety of oil and gas works;

b) Managing, assessing and approving of the report on risk assessment of oil and gas works;

c) Organizing propagation, legal education, guidance on the safety of oil and gas works;

d) Assuming the prime responsibility and coordinate with relevant ministries and organizations to build, promulgate national technical regulations on safety and environmental protection of oil and gas works; organization of building national standards draft on design, construction, operation, maintenance and repair of oil and gas works and regulations on applying foreign standards, international standards in case of necessity.

2. State management responsibilities of the Ministry of Public Security

a) Unifiedly managing of state security, public order and safety for onshore oil and gas works in the country. Coordinating with relevant ministries and sectors and building safety regulations on fire prevention and fighting for oil and gas works onshore. To direct and guide the police force at all levels to check and inspect the implementation of the provisions on security, safety and fire prevention and fighting for oil and gas facilities in accordance with current regulations;

b) Guiding the training for staff and employees working in business and production establishments, etc. oil and gas works on the work of fire prevention and fighting, security and order in accordance with the law;

c) Deploying to respond to and resolve emergency situations of security and safety in accordance with the law.

3. State management responsibilities of the Ministry of Defence

The Ministry of Defense is responsible for guiding and coordinating with investors in patrolling to protect oil pipelines at the ports, border gates, marine pipelines and implement incident and emergency response plans in accordance with the law.

4. State management responsibilities of the Ministry of Science and Technology

Organization evaluation of draft national technical regulations, evaluation and publication of national standards related to the field of design, construction, operation, maintenance and repair of oil and gas works.

5. State management responsibilities of the Ministry of Transport

Promulgating legal normative documents guiding the safety for onshore oil and gas works related to ports and transportation.

Article 32. Responsibilities of People's Committees of centrally-affiliated provinces and cities.

1. Directing and coordinating with the investor of oil and gas works in the organization of propagation and dissemination of the law, enhancing the sense of responsibility for the safety of oil and gas works.

2. Preventing and promptly handling violations of regulations on the safety of oil and gas works, immediately notifying the investor of works and other organizations and individuals concerned to take corrective measures.

3. Assuming the prime responsibility and allowing construction at the crossing point between the oil and gas works with other works if the investors do not agree with each other.

4. At the places where there is safe area of oil and gas works at the same time under the traffic safety area, border control, customs and other areas, the provincial People's Committee shall agree with the agencies concerned and shall provide for the proper use and safety of land or waters within the safety of oil and gas.

5. Directing and coordinating with the investor of oil and gas works to prevent, rescue and remedy incidents upon their occurence in the oil and gas works.

6. Assisting and creating favorable conditions for investors of works in the lease of land for construction, operation, maintenance and repair of onshore oil and gas works.

7. Notifying and requiring the investor of works adjacent to oil and gas works to contact the agency in charge of oil and gas works for uniform design, safety measures before issuing a building permit.

Article 33. Responsibilities of investor of works

1. When building works of oil and gas pipelines crossing with the existing works, the investor must have a design plan and appropriate construction measures at the cross-sectional area, meet necessary standards to ensure safety for existing works as well as oil and gas pipelines in operation process and to be approved by the investor of existing works prior to construction in cross-sectional area. Where the design plan and construction measures at the cross-sectional area are suitable but not been approved by the investor of existing works construction, the investor must make report to the provincial People's Committee for consideration and settlement.

2. Investor of oil and gas works shall be responsible for building safety management system in accordance with the law, ensuring the safety of people, environment and property in the course of operation of the oil and gas works, in collaboration with people's Committees at all levels, police and other relevant agencies to inspect, urge and handle violations of the regulations on the safety of oil and gas works

3. Making declaration and registration of the oil and gas works in accordance with the law, agreeing with the parties concerned on the safety of oil and gas works.

4. Coordinating with local authorities and local police forces to propagate and educate people about the safety of oil and gas works.

5. Informing of the planned newly-built plans, expanding and renovating oil and gas works for the parties concerned to cooperate in ensuring general security and safety.

6. Investor of oil and gas works shall be responsible for inspecting and monitoring all activities conducted within safety and regularly surveying the affected area; simultaneously coordinating with the government, the police and the agencies concerned to inspect, protect and urge the implementation to handle violation with regulations on safety of oil and gas works.

7. Investor of oil and gas works shall protect, patrol, stop and promptly report to the competent State agencies on matters related to the operation and the use of land and space within the safe sphere and affected area of oil and gas works.

Article 34. Responsibilities of investor of works adjacent to oil and gas works.

1. When building the works of railway, road, canal, underground cable, water drainage and supply pipeline and other works crossing through the safety sphere of the existing oil and gas works, the investor shall have design plan and appropriate performance measures in cross-sectional area approved by investor of the existing oil and gas works for the performance in the cross-sectional area.

2. In the process of cross-cutting works within the safety sphere of the oil and gas works, the investor shall ensure safety for oil and gas works in accordance with the law, coordinating with investor to carry out safety measures.

3. Fully and promptly notify the competent authority, the owner of oil and gas risks may affect the safety of oil and gas.

4. Before conducting the performance, the fire prevention and fighting must be built and approved by competent State agencies.

5. In the course of works performance, it must ensure the safety of oil and gas works; coordinating with the investor of oil and gas works to apply safety measures.

6. Investor of works adjacent to oil and gas works shall make compensation for their damages as prescribed by the law.

Article 35. Responsibilities of the land user with oil and gas pipelines running through

1. Coordinating with the investor of oil and gas in the space clearance or compensation for land lease during construction and installation, operation and maintenance and repair works.

2. Making commitment and implementation of measures to ensure the safety of oil and gas works under his use right.

Chapter 8.

IMPLEMENTATION PROVISION

Article 36. Effect

1. This Decree takes effect on April 5, 2011.

2. This Decree supersedes Decree No.10-CP dated February 17, 1993 of the Government promulgating the regulations on the safety of petrol and oil works; Decree No. 47/1999/ND-CP dated July 05, 1999 on amending and supplementing regulations on safety of oil and gas works, issuing together with Decree No.10-CP dated February 17, 1993. The provisions contrary to this Decree are hereby annulled.

Article 37. Responsibilities for implementation

1. The Ministry of Industry and Trade is responsible for guiding the implementation of this Decree.

2. The Ministers, heads of ministerial-level agencies, the heads of the agencies under the Government, Chairman of the People's Committees of centrally-affiliated provinces and cities shall have to implement this Decree. /.

APPENDIX I

RESIDENTIAL AREA CLASSIFICATION
(Issued together with the Government’s Decree No. 13/2011/ND-CP dated February 11, 2011)

Referential area is classified into 4 following types:

Note: (*) If there are constructions such as school, hospital, church and market within type 1 or 2 residential areas where there are usually more than 20 people gather together, then these areas must be classified as type 3 residential areas.  

APPENDIX II

REGULATIONS ON SAFETY DISTANCE FOR OIL AND GAS WORKS
(Issued together with the Government’s Decree No. 13/2011/ND-CP dated February 11, 2011.

Table 1. Regulations on safety distance from ports.

Note:

- If there are multiple ports operated by one or multiple owners to export or import gases and oil and petroleum products, do not implement this regulation but the regulation on design standards for storage of oil and petroleum products and the regulation on maritime.

- If the port is located within an area affected by tides, then the safety distance from the port to all directions is the same as that applied to the upstream ports.    

Table 2. Regulations on safety distance for pressure storage that contains liquefied gas and liquefied gas products. 

Note: the safety distance from the adjacent objects must be determined in accordance with the result of risk assessment.

Table 3. Regulations of safety distance for storage of oil and petroleum products

Note: the safety distance from the adjacent objects must be determined in accordance with the result of risk assessment.

Table 4. Regulations on safety distance for gas treatment/processing plant

Safety distance (m)Safety distance (m)