Chương V Nghị định 45/2023/NĐ-CP hướng dẫn luật dầu khí: An toàn trong hoạt động dầu khí

Chapter V

SAFETY IN PETROLEUM OPERATIONS

Article 39. Documents on safety management

1. When performing petroleum operations, contractors are responsible for developing documents on safety management in accordance with Point a Clause 4 Article 8 of the Law on Petroleum, including:

a) Safety management program;

b) Risk assessment report;

c) Emergency response plan.

2. Safety management program includes basic details such as:

a) Policies and goals regarding safety;

b) Safety operations, delegation of responsibilities regarding safety operations;

c) Safety training program; capacity, qualification, and experience requirements for employees;

d) List of legislative documents, national technical regulations, national standards, safety regulations, international treaties to which Vietnam is signatory or other standards appropriate to universally accepted international oil and gas industry practice;

dd) Assessment of compliance with the law including requirements to be met in accordance with regulations on license, certificate of technical safety and environmental protection;

e) Safety management implemented by service contractors, organizations, individuals.

3. Risk assessment report includes basic details such as:

a) Purpose and goals of risk assessment;

b) Description of petroleum operations, petroleum installations;

c) Quantitative and qualitative risk identification, analysis, and assessment;

d) Risk mitigating solution.

4. Emergency response plan must rely on results of risk assessment report and include basic details such as:

a) Description and classification of possible emergencies;

b) Organizational structure, responsibility decentralization, responsibilities of each individual, reporting regime in case of incidents, accidents, or emergencies;

c) Response procedures for every scenario;

d) Description of internal and external resources that are available or can be mobilized to effectively respond to emergencies;

dd) Contact address and information of internal departments for emergency response and reporting to relevant competent authority;

e) Emergency response training and drill plans;

g) Operational recovery plans for petroleum installations include inspect, assessment of causes and consequences for the purpose of re-establishing and improving safety level of petroleum installations;

h) Emergency response plan must conform to emergency response system of the National Committee for Search and Rescue, local governments, and PVN (with respect to entities affiliated to the PVN, petroleum joint venture, and petroleum contractors);

i) Organizations and individuals engaging in petroleum operations available for cooperation in developing general emergency response plan.

5. The Ministry of Industry and Trade shall provide detail guidelines on safety management documents in petroleum operations.

Article 40. Documents and procedures for assessment, approval of safety management documents

1. Prior to conducting drilling operations for hydrocarbon exploration, building new or modifying petroleum installations, decommissioning petroleum installations after finishing petroleum operations, on the basis of safety management documents under Article 39 hereof produced by the contractors and approved by the PVN, the PVN shall submit 1 set of original documents to the Ministry of Industry and Trade to request approval for safety management documents. The documents consist of:

a) Written request for approval of safety management documents;

b) Safety management documents under Article 39 hereof;

c) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

d) Other relevant documents.

2. Assessment of safety management documents includes:

a) Assessing compliance of documents with the Law on Petroleum and this Decree;

b) Assessing adequacy and accuracy of contents of documents;

c) Physical observation at petroleum installations (if necessary).

3. Assessment of safety management documents shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of ministries, central departments, relevant organizations, if necessary).

4. Within 30 days from the date on which adequate documents are received, assessment councils shall assess safety management documents and request the Ministry of Industry and Trade to approve.

5. Within 5 working days from the date on which written assessment produced by assessment councils is received, the Minister of Industry and Trade shall promulgate decision approving safety management documents.

Article 41. Safety management system

1. Contractors must develop, maintain, and update safety management system in order to ensure safety of all petroleum operations starting from hydrocarbon exploration phase to the end of petroleum installation decommissioning phase.

2. Primary details of safety management system include:

a) Policies and objectives regarding safety, working environment and programs, plans for executing these objectives;

b) Up-to-date list of relevant legislative documents, standards, technical regulations;

c) Operating, emergency response, construction and machinery maintenance procedures; regulations on management, examination, inspection, and certification of technical safety and environmental protection in regarding constructions, machinery, equipment, and hazardous chemicals;

d) Safety regulations; safety signs for production lines, machinery, equipment, materials, chemicals, and tasks with strict safety requirements; document storage and management, reporting;

dd) System of safety operations; decentralized responsibilities, task execution, report recipients; qualification and experience requirements appropriate to working positions;

e) Assessment of results of safety management program and solutions for improving safety management quality. Safety, health, and environment management capability of contractors must be controlled to adhere to safety management system of organizations and individuals.

g) Mandatory update, assessment, and control implemented by organizations and individuals regarding any change to organization, technicality, technology, and other requirements that affect risk levels in order to ensure continuous and consistent performance of safety management system.

Article 42. Safety risk management

1. Contractors must ensure that all risks are identified, analyzed, and assessed for all petroleum installations, machinery, equipment, chemicals, and hazardous materials. Risk assessment results shall serve as input data for organizing of emergency response operations.

2. Risk management operations include:

a) Quantitative and qualitative risks must be conducted for every phase of petroleum operations to act as the basis for solutions for controlling, mitigating risks, and proving acceptable risk levels according to national technical regulations;

b) Risk assessment reports must be updated once every 5 year or in case of modification or major change to operating technology and organization in order to act as the basis for decisions relating to petroleum operation safety;

c) Contractors must identify positions and specific conditions where high risks are present and where safety concerns exist when implementing activities in order to take mitigating actions.

Article 43. Emergency response

1. Contractors must develop and maintain emergency response system in order to effectively respond to emergencies and accidents that threaten humans, the environment, or property. Contractors shall notify competent authority depending on severity of emergencies and accidents as per the law.

2. Emergency response training and drills in petroleum installations must be conducted on a regular basis to enable employees to acknowledge and familiarize with emergency response procedures corresponding to specific emergencies. Training methods and frequency shall be determined based on risk assessment results. Training and drill results must be evaluated and recorded to improve emergency response plan.

3. Individuals arriving at petroleum installations for the first time must receive detail guidance regarding emergency response operations, safety equipment, and means of egress.

Article 44. Safety in designing, manufacturing, constructing, and operating petroleum installations

1. Petroleum installations must be designed, manufactured, and constructed in a manner that adheres to national technical regulations, national standards, or international standards, regional standards, and foreign standards that are widely accepted, applied, compliant with Vietnamese regulations and law, international treaties to which Vietnam is a signatory, and satisfies requirements below:

a) Technology safety;

b) Construction safety;

c) Fire prevention and safety;

d) Safety zone and corridor;

dd) Regulations on environmental protection;

e) Ability to withstand expected load during operation and emergency;

g) Inability to cause subsequent emergencies from a single emergency.

2. Designing, manufacturing, constructing, testing, and commissioning of petroleum installations must be inspected and certified by competent authority as per the law in order to ensure compliance with technical regulations, standards, Vietnamese regulations and law, and international treaties to which Vietnam is a signatory.

3. Prior to conducting test runs, contractors must conduct inspection, test, and experiment for each work item and make sure that emergency response plan and fire prevention and firefighting operation are ready and available as per the law. During test runs, organizations and individuals must adopt solutions for timely and effective response to possible accidents and emergencies.

4. Petroleum installations shall only enter into operation if their inspection, test, experiment results, and safety features meet the requirements.

5. Petroleum installations must be operated, maintained, inspected, and repaired in a manner that adheres to regulations of the law, procedures, technical regulations, and standards applied. Contractors must immediately cease operations if such operations can harm humans, the environment, or petroleum installations and cannot be controlled.