Chương 6 Nghị định 13/2011/NĐ-CP: Biện pháp bảo vệ các công trình dầu khí

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.