Chương 1 Nghị định 13/2011/NĐ-CP: Những quy định chung

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.