Chương VIII Nghị định 45/2023/NĐ-CP hướng dẫn luật dầu khí: Khai thác tận thu mỏ, cụm mỏ, lô dầu khí

Chapter VIII

SALVAGING OPERATION OF OIL FIELDS, GROUPS OF OIL FIELDS, AND OIL BLOCKS

Article 58. Salvaging rules of oil fields, groups of oil fields, and oil blocks

1. Salvaging operations of oil fields, groups of oil fields, and oil blocks shall conform to Article 60 hereof depending on specific oil fields, groups of oil fields, and oil blocks.

2. Petroleum operations in oil fields, groups of oil fields, and oil blocks must be safe, efficient, effective, strictly control costs, conform to economic and technical norms approved or promulgated by competent authority, and adhere to relevant law provisions.

3. The PVN shall directly manage and coordinate salvaging operations of oil fields, groups of oil fields, and oil blocks; select and designate operators with sufficient financial, technical capability and experience in petroleum operations to perform salvaging operations effectively.

4. Documents and procedures for assessment, approval of additional investment shall conform to Clause 5 Article 44 of the Law on Petroleum, Article 48 and Article 50 hereof.

Article 59. Main details of regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks

1. General information oil fields, groups of oil fields, and oil blocks for salvaging.

2. Rules of coordinating petroleum operations in oil fields, groups of oil fields, and oil blocks for salvaging under Article 58 hereof.

3. Petroleum sales generated by salvaging operations of oil field, groups of oil fields, and oil blocks, and other revenues (if any) shall serve:

a) Payment and disbursement of legitimate, reasonable costs incurred during petroleum operations according to approved operation programs and budget;

b) Advance payment for cost estimates of subsequent phases in accordance with approved operating program and budget; advance payment for procurement costs of materials, services serving petroleum operations during periods where no products have been sold and in case petroleum sales are insufficient to cover legitimate, reasonable costs of petroleum operations or contingency costs or decommissioning costs in case decommissioning fund is insufficient to cover decommissioning operations.

c) Additional investment made to maintain petroleum mining productivity; donation to decommissioning fund for work items of additional investment (if any).

4. Submit the following amounts to the state budget on an annual basis:

a) Remaining revenues after spending on purposes under Clause 3 of this Article;

b) Remaining budget (if any) if total amount spent at the end of the period is lower than actual approved budget;

c) Interests (if any) of remaining provisions that are allowed to be retained at the end of financial year;

d) Remaining amount (if any) of decommissioning fund after decommissioning determined by audit results as per the law;

dd) Surplus (if any) of revenues generated by liquidation of assets no longer useful for petroleum operations; equipment, instruments, materials, and wastes collected during petroleum installation decommissioning; legitimate, reasonable costs on a case-by-case basis.

5. Salvaging operations of oil fields, groups of oil fields, and oil blocks shall be terminated when:

a) Forecasted revenues are insufficient to cover the costs;

b) Conditions of constructions and equipment in oil fields, groups of oil fields, and oil blocks are no longer safe;

c) Force majeure that causes continuation of petroleum operations no longer viable occurs.

6. In salvaging operations of oil fields, groups of oil fields, and oil blocks, the PVN has the responsibility to

a) organize safe and effective salvaging operations of oil fields, groups of oil fields, and oil blocks; e

b) develop and approve annual operation programs and budget;

c) develop and approve procedures for selecting contractors for service provision, procurement in takeover operation of oil fields, groups of oil fields, oil blocks in a manner that is compliant with the Law on Petroleum and rules applicable to petroleum contracts;

d) submit quarterly reports on salvaging operations of oil fields, groups of oil fields, oil blocks which include surplus and/or deficit assessment, fluctuations in salvaging operations (if any), and subsequent solutions to the Prime Minister;

dd) decide on termination of salvaging operations and decommissioning of petroleum installations;

e) implement financial audit and period-end accounting (if any); approve finalization reports of salvaging operations on the basis of the aforementioned accounting reports; approve finalization report of decommissioning costs;

g) carry out decommissioning in accordance with the Law on Petroleum and this Decree after decommissioning oil fields, groups of oil fields, oil blocks.

Article 60. Documents and procedures for assessment, approval of regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks

1. Pursuant to Point c Clause 2 and Point b Clause 3 Article 41 of the Law on Petroleum, the PVN shall develop regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks appropriate to nature and characteristics of each oil field, group of oil field, and oil block and submit 2 sets of documents (including 1 set of original document and 1 set of copy) to the Ministry of Industry and Trade directly or via post service to request approval for regulations on salvaging operations. The documents consist of:

a) Written request for approval of regulations on salvaging operations of oil fields, groups of oil fields, and blocks;

b) Draft regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks containing basic contents under Article 59 hereof;

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 Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of Natural Resources and Environment, Committee for Management of State Capital at Enterprises, 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 assess regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks and request the Prime Minister to approve. The documents consist of:

a) Written presentation of assessment results and request for approval of regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks;

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.

Article 61. Regulations on management, recording, and use of assets received from contractors in salvaging operations of oil fields, groups of oil fields, and oil blocks

1. In order to salvage oil fields, groups of oil fields, and oil blocks, the PVN shall receive information, data, documents, specimen, petroleum installation, and other assets installed, invested under terminated petroleum contracts in accordance with agreement with contractors; the PVN is allowed to use information, data, documents, specimen, petroleum installations, and other assets without paying.

2. The PVN shall manage, produce separate reports to monitor information, data, documents, specimen, petroleum installations, and other assets that they have received in accordance with Clause 1 of this Article and update as an increase in investment. The increase in investment is specified under Decision of the Prime Minister approving regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks and does not reflect in state capital invested in enterprises or financial statement of the PVN.

3. At the end of salvaging operations and decommissioning, the PVN shall continue to manage information, data, specimen, documents, and other assets (if any) in accordance with the Law on Petroleum and this Decree.