THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
47/1999/ND-CP
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Hanoi, July 5, 1999
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DECREE
AMENDING AND
SUPPLEMENTING THE REGULATION ON SAFETY PROTECTION OF PETROL AND OIL PROJECTS,
ISSUED TOGETHER WITH THE GOVERNMENT’S DECREE NO. 10/CP OF FEBRUARY 17, 1993
THE GOVERNMENT
Pursuant the Law on Organization of the
Government of September 30, 1992;
At the proposal of the Minister of Trade,
DECREES:
Article
1.- To amend and supplement a number of articles of the Regulation
on safety protection of petrol and oil projects, issued together with Decree
No. 10/CP of February 17, 1993 of the Government as follows:
1. To amend Clause 1 and Points a, b and h,
Clause 1, Article 5, Chapter II as follows:
"Article 5.- For main petrol and oil
pipelines.
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a) For residential houses and other projects in
cities, provincial towns, district townships, villages, densely populated areas
(schools, clubs, crèches, hospitals, sanitariums, car terminals, industrial
parks, industrial plants and airports...):
+ 60 m for pipelines of grade IV
+ 25 m for pipelines of grade V
b) For isolated dwelling houses, animal farms,
agricultural and forestrial storehouses, industrial plants areas, pastures and
gardens:
+ 50 m for pipelines of grade IV
+ 20 m for pipelines of grade V
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h) The aerial high-tension power cable lines in
parallel with petrol and oil pipelines of grade IV or V must be kept at a
distance at least equal to the height of the highest power post plus (+) 10
m".
2. To add Points k, l, m and n to Clause 1,
Article 5 as follows:
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+ 100 m for pipelines of grade IV
+ 75 m for pipelines of grade V
l) For petroleum gas compressing or distributing
stations, petrol and oil pumping stations or outlets:
+ 30 m for pipelines of grade IV
+ 20 m for pipelines of grade V
m) For petrol and oil depots, petroleum gas
stores of a storing capacity of 1,000 m3 or more:
+ 75 m for pipelines of grade IV
+ 30 m for pipelines of grade V
n) For mines or exploration drilling sites:
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+ 15 m for pipelines of grade V"
3. To amend Article 6, Chapter III, as follows:
"Article 6.-
The safety of petrol and oil projects which are
the State’s
property, of national security significance, prone to fire and/or explosion
that may cost human lives and property must be ensured.
Protecting the safety of petrol and oil projects
is the responsibility of the agencies in charge of such petrol and oil
projects, the People’s
Committees of all levels, all ministries and branches, and people of all
strata. All organizations and individuals are obliged to strictly abide by the
regulations on safety protection of petrol and oil projects and shall, upon
detecting acts of violating such regulations, have to promptly report them to
the nearest authorities, police or agency in charge of petrol and oil projects
for timely handling".
4. To amend Article 10, Chapter III, as follows:
"Article 10.-
1. Dwelling houses and projects constructed in
compliance with law at the time of construction, which are now lying within the
petrol and oil project safety protection areas, must be dismantled or
relocated. The lawful owners or users of such projects and dwelling houses
shall enjoy damage compensations according to law.
2. Dwelling houses and projects constructed in
contravention of law (at the time of construction), which are now lying within
the areas for safety protection of petrol and oil projects, must be dismantled
or relocated; and the owners such dwelling houses and projects shall not be
entitled to compensations and shall have to bear all relocation expenses.
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5. To amend Article 14, Chapter IV, as follows:
"Article 14.-
Organizations and individuals with meritorious
achievements in the safety protection of petrol and oil projects shall be
commended and/or rewarded according to the State’s regulations.
Organizations and individuals that struggle
against violations of regulations on the safety of petrol and oil projects and
suffer from human and/or property losses, shall enjoy compensations therefor
according to the provisions of law. In cases where damage is caused to the
extent that the social regimes and policies shall apply, the agencies in charge
of petrol and oil projects shall report the cases to the agencies managing such
suffering organizations and individuals or the administrations of localities
where they are located or reside, so that the latters request the competent
authorities to consider and settle them according to regulations".
Article 2.- This Decree takes effect 15 days after its
signing.
Article 3.- The Minister of Trade and the Minister of Public
Security shall have to guide, inspect and supervise the implementation of this
Decree.
Article 4.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and centrally-run
cities shall have to implement this Decree.
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