Chương 2 Nghị định 45/2023/NĐ-CP hướng dẫn luật dầu khí: Điều tra cơ bản về dầu khí

Chapter II

PETROLEUM SCREENING

Article 3. Development and approval for list of petroleum screening schemes

1. List of petroleum screening schemes shall be developed and approved for every 5-year stage in a manner that adheres to energy, resource, and mineral strategies, planning, planning execution plans; reviewed and updated on an annual basis.

2. Organizations satisfying conditions under Article 12 of the Law on Petroleum and Article 4 of this Decree shall send petroleum screening scheme proposal for the next 5-year socio-economic development stage to the Vietnam National Oil and Gas Group (hereinafter referred to as “PVN”) before March 1 of the final year of 5-year socio-economic development stage for consideration, assessment, consolidation, and proposition of list of petroleum screening schemes, including schemes implemented by the PVN and schemes implemented by state authorities.

3. The PVN shall send 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to propose list of petroleum screening schemes before May 1 of the final year of each 5-year socio-economic development stage in accordance with Resolution of the National Assembly. The documents consist of:

a) Documents of PVN proposing petroleum screening schemes;

b) Documents of organizations proposing petroleum screening schemes, including: primary details of the schemes in accordance with Clause 1 Article 10 of the Law on Petroleum; documents proving eligibility for scheme execution according to Article 12 of the Law on Petroleum and Article 4 hereof; preliminary solutions for cooperating with relevant organizations and individuals in implementation if proposed petroleum screening schemes have been handed over or have reached geological screening or mineral prospecting, extraction phase during implementation as per the law;

c) Evaluation of the PVN regarding proposition of each scheme; documents on acknowledgement and presentation of proposing organizations (if any);

d) Other relevant documents.

4. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to Ministry of Natural Resources and Environment, Ministry of Planning and Investment, Ministry of Finance, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Transport, and relevant ministries, central departments, local governments.

5. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries, central departments, and local governments must send written feedback within their competence to the Ministry of Industry and Trade.

6. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall evaluate and adjust list of petroleum screening schemes in order to request the Prime Minister to review and approve. The documents consist of:

a) Written request for approval of list of petroleum screening schemes to be sent to the Prime Minister;

b) Documents under Clause 3 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

7. Based on the list of petroleum screening schemes approved by the Prime Minister:

a) The Ministry of Industry and Trade shall notify and request presiding agencies and organizations of petroleum screening schemes (hereinafter referred to as “presiding organizations”) to produce and present detailed outline and estimates on scheme execution expenditure in accordance with Article 5 hereof while notifying the PVN;

b) The Ministry of Finance shall take charge consolidating expenditure on execution of petroleum screening schemes utilizing state budget to annual state budget estimates, report to the Government and propose to the National Assembly in accordance with the Law on State Budget.

8. On an annual basis, the PVN shall review the list of petroleum screening schemes and implementation of each scheme in order to report to the Ministry of Industry and Trade, request the Prime Minister to approve revision to the list of petroleum screening schemes (if necessary). Application and procedures for assessment, approval for revision of the list of petroleum screening schemes shall conform to Clauses 3, 4, 5, and 6 of this Article.

Article 4. Eligibility of presiding organizations of petroleum screening

Presiding organizations of petroleum screening must be financially, technically capable and experienced in conducting petroleum screening and satisfy eligibility below:

1. They must prove sufficient financial capability to conduct petroleum screening via one or multiple methods simultaneously below:

a) By their resources or parent company guarantee;

b) Guarantee or funding, sponsor commitment of credit institutions, financial institutions.

2. They must have solutions for mobilizing machinery, equipment, and personnel meeting technical requirements for execution of the schemes.

3. They have participated in at least 1 petroleum screening scheme or 1 geological screening scheme or 1 petroleum contract.

4. They have committed to national defense and security requirements as per the law and are not being suspended from conducting petroleum screening or petroleum operation.

Article 5. Application and procedures for assessment, approval for detailed outline and expenditure estimates of petroleum screening schemes

1. Detailed outline and estimates of petroleum screening schemes shall contain:

a) Legal basis and scientific reasoning of the schemes;

b) Area of screening (geography location, coordinates, and area of screening);

c) Natural geography, socio-economic characteristics of screening area;

d) Technical documents serving as the basis for the schemes;

dd) Subjects, objectives, and tasks of the schemes;

e) Technical solutions and expected workload; technical standards, regulations, economic and technical norms (if any) expected to be applied during scheme execution;

g) Expected results and products upon completion of the schemes;

h) Execution plans and progress;

i) Funding sources and expenditure estimates;

k) Plans for cooperating with relevant organizations and individuals in implementation if proposed petroleum screening schemes have been handed over or have reached geological screening or mineral prospecting, extraction phase during implementation in accordance with mineral laws.

l) Other details (if any).

2. Within 60 days from the date on which notice of the Ministry of Industry and Trade under Point a Clause 7 Article 3 hereof is received, on the basis of detailed outline and expenditure estimates of petroleum screening produced by presiding organizations and counseled by the PVN, presiding organizations shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for detailed outline and expenditure estimates on scheme execution. The documents consist of:

a) Request for approval for detailed outline and expenditure estimates on petroleum screening;

b) Detailed outline and expenditure estimates of the schemes under Clause 1 of this Article; appendices, drawings, attachments (if any);

c) Notice sent by the Ministry of Finance to presiding organizations;

d) Documents verifying funding sources of the schemes if funding for execution of petroleum screening schemes utilizes state budget in a manner that adheres to budget allocation rules, criteria, and norms from time to time approved by competent authority;

dd) Feedback of the PVN pertaining to detailed outline and expenditure estimates of petroleum screening schemes produced by presiding organizations; documents on acknowledgement and presentation produced by presiding organizations (if any);

e) Draft agreements between the PVN and presiding organizations other than state authorities and state-owned enterprises in case of Point b Clause 3 Article 10 of the Law on Petroleum, which contain: screening area; rights and obligations of PVN and presiding organizations during scheme execution; commitment of presiding organizations pertaining to storage and preservation of samples, documents, information, and data during scheme execution; general clauses of the agreements;

g) Other relevant documents.

3. Assessment of detailed outline and expenditure estimates of petroleum screening shall be done by assessment council. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment council (including representatives of relevant ministries, central departments) and teams of experts assisting the assessment council.

4. Within 45 days from the date on which adequate documents are received, assessment councils shall assess detailed outline and expenditure estimates and request the Minister of Industry and Trade to review and approve.

5. Within 5 working days from the date on which written assessment sent by assessment council is received, the Ministry of Industry and Trade shall issue decisions approving detailed outline and expenditure estimates of petroleum screening schemes.

Article 6. Implementation of petroleum screening schemes

1. Presiding organizations of petroleum screening schemes are responsible for:

a) adequately adhering to approved schemes;

b) notifying the Ministry of Industry and Trade, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, People’s Committees of provinces and cities (hereinafter referred to as “provincial People’s Committees”), and PVN in writing at least 15 days prior to conducting field work.

2. If other resources and/or minerals are found during petroleum screening, organizations and individuals must immediately report to the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, provincial People’s Committees where the work is performed, and the PVN in writing; protect unextracted minerals in accordance with mineral laws and do not take advantage of petroleum screening to mine for minerals.

3. Presiding organizations are allowed to request adjustment to detailed outline and expenditure estimates of petroleum screening schemes during execution of the schemes depending on situations on the field. Presiding organizations shall send written request for adjustment to detailed outline and expenditure estimates of the schemes which contains actual work progress and workload implemented, reasons for and details of adjustment to the PVN for consideration, assessment, and submission to the Ministry of Industry and Trade for approval in accordance with Clauses 3, 4, and 5 Article 5 hereof.

Article 7. Inspection and supervision of petroleum screening scheme execution

1. Presiding organizations are responsible for submitting written reports on scheme execution to the Ministry of Industry and Trade and PVN on a quarterly basis (before the last working day of the final month of each quarter) or an irregular basis at request of the Ministry of Industry and Trade for the purpose of supervision.

2. The Ministry of Industry and Trade shall take charge, cooperate with relevant ministries, central departments, and PVN or assign PVN to take charge inspecting execution of petroleum screening schemes according to inspection plans and details approved by the Ministry of Industry and Trade.

3. PVN is responsible for cooperating with agencies and entities affiliated to relevant ministries, central departments, and local authorities in supervising field work of petroleum screening schemes.

Article 8. Commissioning and approval for results of petroleum screening schemes

1. Commissioning of results of petroleum screening schemes consists of:

a) Assessing workload, quality, and progress of work items according to approved detailed outline;

b) Assessing compliance with technical regulations and truthfulness in collecting, forming documents; adequate and scientific properties in analyzing, processing, and gathering data;

c) Assessing credibility of screening results; new discoveries regarding petroleum geology (if any); conclusions regarding geology, geophysics, and other technical characteristics of screening subjects;

d) Assessing implementation of applicable financial regulations and regulations on technical and economic norms, unit price;

dd) Assessing expenditure made from state budget (if any) and expenditure made by PVN (if any);

e) Assessing implementation of agreement between PVN and presiding organizations other than state authorities and state-owned enterprises for cases under Point b Clause 3 Article 10 of the Law on Petroleum.

2. Commissioning of results of petroleum screening schemes shall be divided into 2 levels which are grassroots-level commissioning and ministry-level commissioning, to be specific:

a) Grassroots-level commissioning shall be implemented by presiding organizations;

b)Ministry-level commissioning shall be implemented by the Ministry of Industry and Trade as soon as grassroots-level commissioning results are available. The Minister of Industry and Trade shall issue decision on establishment of council for ministry-level commissioning. Results of ministry-level commissioning serve as the basis for approving results of petroleum screening schemes.

3. Within 30 days from the date on which petroleum screening schemes end, presiding organizations shall organize grassroots-level commissioning.

4. Within 45 days from the date on which grassroots-level commissioning is complete, after consulting the PVN regarding results of petroleum screening schemes, presiding organizations shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request ministry-level commissioning and approval for results of petroleum screening schemes. The documents consist of:

a) Written request for ministry-level commissioning and approval for results of petroleum screening schemes.

b) Report on scheme results; appendices, drawings, and other documents.

c) Report on summary of scheme results;

d) Report on assessment of consulting bodies hired by presiding organizations (if necessary);

dd) Record of grassroots-level commissioning;

e) Remarks of the PVN regarding results of petroleum screening schemes; documents on acknowledgement and presentation of presiding organizations (if any);

g) Decision on approval or approval for revision of the scheme issued by competent authority;

h) Other relevant documents.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall conduct ministry-level commissioning and approve results of petroleum screening schemes.

6. Within 180 days from the date on which documents approving results of petroleum screening results are received, presiding organizations shall finalize costs for petroleum screening schemes as per the law; send finalization results of expenditure that utilizes state budget (if any) and expenditure made by PVN (if any) to the Ministry of Industry and Trade for consideration and approval.

Article 9. Submission of petroleum screening results

1. Within 60 days from the date on which documents approving results of petroleum screening schemes are received, presiding organizations are responsible for transferring exhibits (if any) to the PVN and submitting 1 set of physical and 1 set of electronic reports on results of petroleum screening schemes (excluding confidential documents, if any) to the Ministry of Industry and Trade and PVN, including compiled documents and raw documents, to be specific:

a) Compiled documents consist of: written presentation and compiled documents presented as appendices, maps, and illustrations depicting results of scheme execution;

b) Raw documents are documents collected from the field, including: diaries, field records, maps, graphs, photos, tapes recording seismic activities; measurement results.

2. Within 60 days from the date on which reports on petroleum screening results are received, the Ministry of Natural Resources and Environment is responsible for updating petroleum screening information and results in national database on geology and minerals (other than information that requires management under confidential principles).

Article 10. Preservation of exhibits, documents, information, and data of petroleum screening

1. Duration of preservation and storage of exhibits, documents, and information shall be determined on a case-by-case basis in accordance with applicable laws: permanent or temporary storage and preservation. Storage and preservation agencies are responsible for listing all obsolete exhibits, documents, information, and data and requesting competent authority to approve of their disposal in order to maximize administrative expenses.

2. Exhibits, documents, information, and data shall be classified by level of confidentiality (if required) and protected by appropriate information safety policies in a manner that conforms to regulations and law.

3. PVN is responsible for receiving, managing exhibits and documents submitted by presiding organizations in accordance with Clause 1 Article 14 of the Law on Petroleum and organizations that operate the systems in order to extract received information and data in a law-compliant manner.

Article 11. Extraction and use of exhibits, documents, information, data, and reports on petroleum screening results

1. Organizations and individuals are allowed to access, consult, extract, and use exhibits, documents, information, data, and reports on petroleum screening results via public services whose fees conform to regulations and law on fees and charges, except for case under Clause 2 of this Article.

2. Presiding organizations are allowed to use, extract exhibits, documents, information, data, and reports on petroleum screening results as per agreement signed with the PVN; allowed to request refund of service charges when participating in bidding and signing petroleum contracts at oil blocks in areas where they have conducted petroleum screening according to screening schemes.