Chương VI Nghị định 45/2023/NĐ-CP hướng dẫn luật dầu khí: Trình tự, thủ tục phê duyệt triển khai hoạt động dầu khí

Chapter VI

PROCEDURES FOR APPROVING EXECUTION OF PETROLEUM OPERATIONS

Article 45. Documents and procedures for assessment, approval of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment

1. Pursuant to Clause 1 Article 42 of the Law on Petroleum, on the basis of request of contractors approved by the PVN, the PVN 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 oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment. The documents consist of:

a) Written request for approval of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment which states reasons and includes assessment, comparison of economic effectiveness between solutions that involve uniform chains and other solutions;

b) Draft petroleum contract revision for oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment;

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

d) Proposed demand for forest, land repurposing (if any) together with presentation, maps of current forest and land conditions, and other documents in accordance with forestry laws, land laws, and relevant law provisions;

dd) Other relevant documents.

2. 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 Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Committee for Management of State Capital at Enterprises (if the PVN participates in petroleum contracts as contractors), and relevant ministries, central departments, local governments.

3. 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 shall send written feedback regarding their expertise to the Ministry of Industry and Trade, where the Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development shall provide feedback on forest and land repurposing (if any) in accordance with forestry laws, land laws, and other relevant law provisions.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess request for execution of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment and request the Prime Minister to approve. The documents consist of:

a) Written report on assessment results and request for approval of execution principles of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment to be sent to the Prime Minister;

b) Documents under Clause 1 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.

5. Regarding forest and land repurposing (if any) of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment, documents and procedures for assessment, approval shall conform to forestry laws and land laws. The National Assembly shall approve forest and land repurposing principles (if any). Request for approval of forest and land repurposing principles include:

a) Written request for approval of forest and land repurposing principles for oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment to be sent to the National Assembly by the Government;

b) Documents according to forestry and land laws;

c) Other relevant documents.

6. When forest and land repurposing principles and overall field development plans are approved, documents and procedures of provincial People’s Committees for expropriation and repurposing of forests, land that serve execution of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment shall conform to forestry laws, land laws, and relevant law provisions.

7. During the period of forest, land expropriation and repurposing to execute oil field development projects, the PVN and contractors are allowed to conduct surveying and measurement to collect data for preparation of oil field development plans.

Article 46. Documents and procedures for assessment, approval of forest, land repurposing principles of onshore oil field development projects

1. If onshore oil field development projects require forest, land repurposing in accordance with Clause 2 Article 42 of the Law on Petroleum, on the basis of request of contractors, the PVN shall request competent authority to assess and approve forest, land repurposing principles in accordance with forestry laws and land laws.

2. If approval for forest, land repurposing principles is only granted by the National Assembly in accordance with Point a Clause 2 Article 42 of the Law on Petroleum, the Government shall send documents requesting approval for forest, land repurposing principles to the National Assembly in the same manner depicted under Clause 5 Article 45 hereof.

3. Procedures for assessing and approving forest, land repurposing principles of onshore oil field development projects shall conform to forestry laws, land laws, and other relevant law provisions.

4. When forest, land repurposing principles and overall oil field development plans have been approved, documents and procedures of provincial People’s Committees for expropriation and repurposing of forest, land to execute onshore oil field development projects shall conform to forestry laws, land laws, and relevant law provisions.

Article 47. Documents and procedures for assessment, approval of petroleum resource and reserves report, updated petroleum resource and reserves report

1. Within 120 days from the date on which appraisal of petroleum discovery, on the basis of petroleum resource and reserves report produced by contractors and approved by the PVN, the PVN 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 of petroleum resource and reserves report. The documents consist of:

a) Written request for approval of petroleum resource and reserves report of petroleum discovery that has undergone appraisal;

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

c) Petroleum resource and reserves report containing basic details under Article 45 of the Law on Petroleum;

d) Summary of petroleum resource and reserves report;

dd) Other relevant documents.

2. Assessment of petroleum resource and reserves report 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 relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. During assessment process, the Ministry of Industry and Trade shall request the PVN to appoint capable consulting organizations to assess petroleum resource and reserves report if necessary. Expenditure on hiring consultants shall be sourced from costs for management and supervision of petroleum contracts under Point c Clause 4 Article 64 of the Law on Petroleum. Consulting organizations must be legally and financially independent of the contractors. Assessment period shall last no longer than 90 days.

4. Within 45 days from the date on which adequate documents (including assessment report of consulting organizations, if necessary) are received, assessment councils shall assess petroleum resource and reserves report and request the Ministry of Industry and Trade to approve.

5. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decision approving petroleum resource and reserves report.

6. Documents and procedures for assessment, approval of updated petroleum resource and reserves report under Clause 5 Article 45 of the Law on Petroleum shall conform to this Article.

7. The Ministry of Industry and Trade shall elaborate decentralization and production of petroleum resource and reserves report.

Article 48. Documents and procedures for assessment, approval of overall oil field development plan, revised overall oil field development plan

1. Within 12 months from the date on which petroleum resource and reserves report is approved, on the basis of overall oil field development plan produced by contractors and approved by the PVN, the PVN 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 overall oil field development plan. The documents consist of:

a) Written request for approval of overall oil field development plan;

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

c) Overall oil field development plan containing basic details under Article 46 of the Law on Petroleum. In case of gas field development, preliminary gas sale plan must contain basic information on gas buyers, expected time of gas sale, and other prerequisites of gas sale plan;

d) Summary of overall oil field development plan;

dd) Agreement on combined petroleum and oil field discovery principles between relevant parties (if any) on the basis of approval of the Prime Minister regarding combining of petroleum discovery, oil field discovery under Article 32 hereof;

e) Agreement on common oil field development principles (if any);

g) Other relevant documents.

2. Assessment of overall oil field development plan 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 relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. If the PVN participates in petroleum contracts as contractors, in addition to assessment of overall oil field development plan conducted by assessment councils, the Ministry of Industry and Trade shall send request for feedback to the Committee for Management of State Capital at Enterprises regarding capital use of the PVN.

4. Within 45 days from the date on which adequate documents are received, the assessment councils shall assess overall oil field development plan and request the Minister of Industry and Trade to approve.

5. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving overall oil field development plan.

6. Documents and procedures for assessment, approval of revised overall oil field development plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 5 Article 46 of the Law on Petroleum shall conform to this Article.

7. Documents and procedures for assessment, approval of revised overall oil field development plan for revision that requires approval of the PVN under Clause 5 Article 46 of the Law on Petroleum shall conform to procedures promulgated by the PVN.

Article 49. Documents and procedures for assessment, approval of early development plans, revised early development plans

1. Contractors shall propose early development plans when:

a) Currently available information does not permit determination of reasonable production plan according to international oil and gas industry practice but demands additional data gathering on the basis of actual production of oil fields, deposit layers, and seams;

b) Proved and probable reserves (on-site petroleum) P1/2P must not be lower than 40% or approval of the Ministry of Industry and Trade is required.

2. Within 18 days from the date on which overall oil field development plan is approved, on the basis of early development plan produced by contractors and approved by the PVN, the PVN 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 early development plan. The documents consist of:

a) Written request for approval of early development plan;

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

c) Early development plan containing basic details under Article 47 of the Law on Petroleum;

d) Summary of early development plan;

dd) Agreement on combined petroleum and oil field discovery between relevant parties (if any) on the basis of approval of the Prime Minister regarding combining of petroleum discovery, oil field discovery under Article 48 hereof;

e) Agreement on common oil field development (if any) on the basis of agreement on common oil field development principles approved under Article 48 hereof;

g) Other relevant documents.

3. Assessment of early development plan 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 relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

4. If the PVN participates in petroleum contracts as contractors, in addition to assessment of overall oil field development plan conducted by assessment councils, the Ministry of Industry and Trade shall send request for feedback to the Committee for Management of State Capital at Enterprises regarding capital use of the PVN.

5. During assessment process, the Ministry of Industry and Trade can request the PVN to appoint consulting organizations capable of assessing early development plan if necessary. Expenditure on hiring consultants shall be sourced from costs for management and supervision of petroleum contracts under Point c Clause 4 Article 64 of the Law on Petroleum. Consulting organizations must be legally and financially independent of the contractors. Assessment period shall last no longer than 90 days.

6. Within 45 days from the date on which adequate documents are received (including assessment report of consulting organizations, if needed), assessment councils shall assess early development plan and request the Ministry of Industry and Trade to approve.

7. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving early development plan.

8. Documents and procedures for assessment, approval of revised early development plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 6 Article 47 of the Law on Petroleum shall conform to this Article.

9. Documents and procedures for assessment, approval of revised early development plan for revision that requires approval of the PVN according to Clause 5 Article 47 of the Law on Petroleum shall be determined by total investment accumulated from the last time early development plan was approved and conform to procedures promulgated by the PVN.

Article 50. Documents and procedures for assessment, approval of oil field development plan, revised oil field development plan

1. Within 18 months from the date on which overall oil field development plan is approved or within 6 months prior to the end of early development plan, on the basis of oil field development plan produced by contractors and approved by the PVN, the PVN 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 of oil field development plan. The documents consist of:

a) Written request for approval of oil field development plan;

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

c) Oil field development plan containing basic details under Article 48 of the Law on Petroleum;

d) Summary of oil field development plan;

dd) Agreement on combined petroleum and oil field discovery between relevant parties (if any) on the basis of approval of the Prime Minister regarding combining of petroleum discovery, oil field discovery under Article 48 hereof;

e) Agreement on common oil field development (if any) on the basis of agreement on common oil field development principles approved under Article 48 hereof;

g) Other relevant documents.

2. Assessment of oil field development plan 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 relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. If the PVN participates in petroleum contracts as contractors, in addition to assessment of oil field development plan conducted by assessment councils, the Ministry of Industry and Trade shall send request for feedback to the Committee for Management of State Capital at Enterprises regarding capital use of the PVN.

4. During assessment process, the Ministry of Industry and Trade can request the PVN to appoint consulting organizations capable of assessing oil field development plan if necessary. Expenditure on hiring consultants shall be sourced from costs for management and supervision of petroleum contracts under Point c Clause 4 Article 64 of the Law on Petroleum. Consulting organizations must be legally and financially independent of the contractors. Assessment period shall last no longer than 90 days.

5. Within 45 days from the date on which adequate documents are received (including assessment report of consulting organizations, if needed), assessment councils shall assess oil field development plan and request the Ministry of Industry and Trade to approve.

6. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving oil field development plan.

7. Documents and procedures for assessment, approval of revised oil field development plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 6 Article 48 of the Law on Petroleum shall conform to this Article.

8. Documents and procedures for assessment, approval of revised early development plan for revision that requires approval of the PVN according to Clause 5 Article 48 of the Law on Petroleum shall be determined by total investment accumulated from the last time early development plan was approved and conform to procedures promulgated by the PVN.

Article 51. Documents and procedures for assessment, approval of decommissioning plan, revised decommissioning plan

1. Within 1 year from the date on which first oil or first gas is produced commercially from area under petroleum contract, on the basis of decommissioning plan produced by contractors and approved by the PVN, the PVN 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 decommissioning plan. The documents consist of:

a) Written request for approval of decommissioning plan;

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

c) Decommissioning plan containing basic details under Article 50 of the Law on Petroleum;

d) Summary of decommissioning plan;

dd) Other relevant documents.

2. Assessment of decommissioning plan 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 relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. Within 45 days from the date on which adequate documents are received, assessment councils shall assess decommissioning plan and request the Ministry of Industry and Trade to approve.

4. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving decommissioning plan.

5. Documents and procedures for assessment, approval of decommissioning plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 8 Article 50 of the Law on Petroleum shall conform to this Article.

6. Documents and procedures for assessment, approval of revised decommissioning plan for revision that requires approval of the PVN under Clause 6 Article 50 of the Law on Petroleum shall conform to procedures promulgated by the PVN.

Article 52. Guarantee fund for fulfillment of decommissioning obligations

1. Currency used in guarantee fund for fulfillment of decommissioning obligations (hereinafter referred to as “decommissioning fund”) shall be the USD.

2. Annual donation to decommissioning fund (including VAT) shall be determined using formula below:

Where:

E_n: Donation to the fund in the year n, in USD;

A_n: Petroleum production in the year n, determined by production in the corresponding year, in barrel of oil equivalent (BOE);

B_n: Total decommissioning costs in the year n, B_n = (b₁ - b₂), where:

b₁: Total decommissioning costs estimated under (the latest and approved) decommissioning plan, in USD;

b₂: Estimates of costs determined under (the latest and approved) decommissioning plan corresponding to equipment, property, or installations that have been decommissioned as of the year (n-1), in USD;

C_(n-1): Balance of decommissioning fund as of December 31 of the year (n-1) determined by total balance of all accounts which the PVN donates to and verified by relevant credit institutions in writing, in USD;

I_(n-1): Interests of bank deposits which organizations and individuals are eligible for after the PVN fulfills obligations to the state budget (if any) on their behalf for the year n-1;

D_n: Remaining oil reserves for exploitation, D_n = d₁-d₂, in which:

d₁: Oil reserves for exploitation determined under oil field development plan or early development plan approved by competent authority as of the end of the year n, in BOE;

d₂: Total oil reserves exploited from (other) relevant oil fields as of the year (n-1), in BOE.

3. Prior to termination of oil field operation or early termination of petroleum contracts, contractors must prepare adequate decommissioning fund according to the final decommissioning plan approved by competent authority.

4. Within 1 year prior to termination of petroleum contracts or the end of petroleum exploitation period according to approved oil field development plan or revised oil field development plan, contractors must update decommissioning plan and request competent authority to approve in accordance with Article 51 hereof.

5. If balance of decommissioning fund is lower than cost estimates detailed under the final and approved decommissioning plan, within 6 months prior to termination of petroleum contracts or the end of petroleum exploitation period, each contractor must make additional donations to the fund depending on their participating interests in petroleum contracts. If necessary, the PVN shall request contractors to apply for bank guarantee in order to guarantee fulfillment of decommissioning obligations where guarantee amount is equivalent to the missing amount.

6. If balance of decommissioning fund is greater than cost estimates detailed under the final and approved decommissioning plan, the surplus will be dealt with during finalization in accordance with Article 54 hereof or returned to contractors if the PVN receives use right of decommissioning fund (in case contractors are allowed to partially or entirely retain petroleum installations) as long as the contractors have fulfilled financial obligations with host countries in accordance with petroleum contracts and relevant law provisions. The surplus returned to contractors shall be dealt with in accordance with Clause 5 Article 54 hereof.

7. If signed petroleum contracts contain agreements regarding guarantee for fulfillment of decommissioning obligations that are different from this Decree, contractors shall conform to the petroleum contracts.

Article 53. Management and use of decommissioning fund

1. Decommissioning fund shall serve decommissioning of petroleum installations. Contractors shall tap into the fund for the purpose of decommissioning petroleum installations in accordance with approved decommissioning plan.

2. If contractors are unable to decommission petroleum installations according to approved decommissioning plan due to PVN’s inability to replenish guarantee fund for fulfillment of decommissioning obligations, the contractors are relieved from decommissioning obligations corresponding to the unreplenished portion while the PVN shall fulfill the decommissioning obligations from which the contractors are relieved.

3. If contractors are not required to decommission or only required to partially decommission petroleum installations, the entirety or part of decommissioning fund corresponding to the entirety or party of petroleum installations required to be retained shall remain under management of the PVN and shall be used for decommissioning petroleum installations that are no longer required for petroleum operations or safety operation of which can no longer be maintained. In this case, the PVN shall cooperate with contractors in determining amount of decommissioning fund at the time in which the PVN receives use right of the fund while the contractors are responsible for donating the missing amount which is determined in accordance with Article 52 hereof. When contractors have made additional donations to decommissioning fund and transferred fund use right to the PVN, the contractors shall be relieved from obligations to the entirety or party of petroleum installations that have not been decommissioned and relieved from obligations to contingency costs for decommissioning of petroleum installations (if any).

4. On an annual basis, the PVN shall audit and verify donations to decommissioning fund, disbursement from the fund, and costs incurred by the contractors.

Article 54. Finalization of decommissioning fund

1. Within 9 months from the date on which partial or total decommissioning of petroleum installations under petroleum contracts, contractors must produce decommissioning completion report for partial or total decommissioning, request the PVN to approve, and request the Ministry of Industry and Trade to monitor.

2. Primary contents of decommissioning completion report include:

a) Description of petroleum installations and actual decommissioning work conducted;

b) Decommissioning progress;

c) Assessment of changes between actual decommissioning operation and approved plan (if any);

d) Actual decommissioning costs;

dd) Summary of environmental remediation operations implemented, including: implemented solutions for collecting, transporting, and processing waste and refuse;

e) Responsibility for retained installations (if any).

3. Sale value of refuse collected during and after decommissioning process shall be recorded and dealt with during finalization of decommissioning fund in accordance with Clause 4 and Clause 5 of this Article.

4. Within 30 days from the date on which the PVN approves decommissioning completion report, contractors shall cooperate with the PVN in finalizing decommissioning costs ( including sale value of refuse mentioned under Clause 3 of this Article).

5. If contractors decommission petroleum installations at the end of petroleum contracts, balance of decommissioning fund, after finalization and fulfillment of financial obligations of petroleum contracts, shall be dealt with as follows:

a) If contractors have recovered donations to decommissioning fund, fund balance, after fulfilling financial obligation in accordance with petroleum contracts, shall be distributed to contractors and the PVN depending on profit oil ratio applicable to the highest production scale implemented during effective period of petroleum contracts;

b) If contractors have not fully recovered their donations to decommissioning fund, the remaining fund balance shall cover the unrecovered amount. Fund balance after allowing contractors to recover their donations (if any) and fulfilling financial obligations according to petroleum contracts shall be distributed between contractors and the PVN depending on profit oil ratio applicable to the highest production scale implemented during effective period of petroleum contracts.

6. If the PVN receives decommissioning fund and directly implements decommissioning, fund balance after finalization shall be submitted to state budget.

7. On an annual basis, the PVN shall submit reports on management, use, and finalization of decommissioning fund to the Ministry of Industry and Trade and Ministry of Finance.

Article 55. Documents and procedures for approval of retention, delayed decommissioning, partial or total decommissioning

1. Pursuant to Clause 2 Article 52 of the Law on Petroleum, on the basis of request of contractors approved by the PVN, the PVN 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 retention, delayed decommissioning, or partial or total decommissioning. The documents consist of:

a) Written request for partial, total retention of petroleum installations or delayed partial, total decommissioning;

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

c) Other relevant documents.

2. 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 the Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Planning and Investment, Ministry of National Defense, and relevant ministries and central departments.

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

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall promulgate written approval for partial, total retention of petroleum installations or delayed partial, total decommissioning.

5. If the PVN requests partial, total retention of petroleum installations or delayed partial, total decommissioning, procedures for requesting and approving shall conform to Clauses 1, 2, 3, and 4 of this Article.

6. If competent authority requests partial or total retention of petroleum installations, the Ministry of Industry and Trade shall inform the PVN and contractors in writing at least 6 months prior to decommissioning according to approved progress.

7. The Ministry of Industry and Trade shall elaborate preservation and abandonment of oil wells and decommissioning of petroleum installations.