Chương 7 Nghị định 13/2011/NĐ-CP: Trách nhiệm bảo đảm an toàn công trình dầu khí

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.