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THE MINISTRY OF
SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 395/1998/QD-BKHCNMT
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Hanoi, April 10, 1998
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DECISION
ON THE ISSUING OF THE REGULATION ON THE PROTECTION OF THE
ENVIRONMENT IN THE SEARCH FOR, PROSPECTION AND DEVELOPMENT OF MINES, IN THE
EXPLOITATION, STORING, TRANSPORTATION AND PROCESSING OF OIL AND GAS AND IN
RELATED SERVICES
THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
Pursuant to Decree No.22-CP of May 22, 1993
of the Government on the tasks, powers and organizational structure of the
Ministry of Science, Technology and Environment,
Pursuant to Decree No.175-CP of October 18, 1994 of the Government guiding the implementation
of the Law on Environmental Protection;
Pursuant to Decree No.84-CP of December 17, 1996 of the Government guiding the
implementation of the Law on Oil and Gas;
Pursuant to Official Dispatch No.4180/KGVX of August 20, 1997 of the Government
Office on the issuing of the Regulations on the Protection of the Environment
in the Oil and Gas Industry;
At the proposal of the Head of the Environment Department,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the Protection of the Environment
in the Search for, Prospection and Development of Mines, in the Exploitation,
Storing, Transportation and Processing of Oil and Gas and in Related Services.
Article 2.- The Head of
the Environment Department, the General Director of the Vietnam Oil and Gas
Corporation, the Directors of the Science, Technology and Environment Services,
the Heads of the oil and gas organizations shall have to implement this
Decision.
Article 3.- This
Decision takes effect 30 days after its signing.
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MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
Chu Tuan Nha
REGULATION
ON THE PROTECTION OF THE ENVIRONMENT IN THE SEARCH FOR,
PROSPECTION AND DEVELOPMENT OF MINES, IN THE EXPLOITATION, STORING,
TRANSPORTATION AND PROCESSING OF OIL AND GAS AND IN RELATED SERVICES
(issued
together with Decision No.395/1998/QD-BKHCNMT of April 10,1998 of the Minister
of Science, Technology and Environment)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation is issued with a view to preventing and reducing to the minimum the
adverse impact on the environment caused by the activities in the search for,
prospection and development of mines, in the exploitation, storing,
transportation and processing of oil and gas (liquefaction of gas, refining
oil) and services directly related to these activities.
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1. Oil and gas organizations are organizations
or individuals conducting oil and gas activities. They include:
- State enterprises,
- Enterprises founded according to the Corporate
Law,
- Private enterprises founded according to the
Private Enterprise Law,
- Cooperatives,
- Foreign - invested enterprises.
2. Oil and gas enterprises are various kinds of
oil rigs, mobile or fixed constructions, means and other structures used on the
mainland or on the sea in service of oil and gas activities.
3. Production waste are gas, liquid and solid
matters which are eliminated during oil and gas activities.
4. Living wastes comprise liquid and solid
wastes and other wastes which are eliminated in the living process of humans at
the places or constructions to search for, prospect, exploit and develop mines,
store, transport, process oil and gas and related services.
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1. All oil and gas organizations conducting the
search for, prospection, exploitation and development of mines, storing,
transportation and processing of oil and gas and related services on the
mainland, offshore islands, internal water areas, territorial waters, the
contiguous sea area, the exclusive economic zone and the continental shelf of
the Socialist Republic of Vietnam.
2. The constructions of Vietnamese organizations
and individuals serving the oil and gas activities in cooperation with foreign
countries in places outside the jurisdiction of the Socialist Republic of
Vietnam unless otherwise provided for by International Conventions which the
Socialist Republic of Vietnam has signed or adhered to.
Article 4.- Oil and gas
organizations must have specialized personnel in environmental protection and
when necessary a section specialized in environmental protection must be set
up.
Article 5.- In the
process of carrying out a project on oil and gas the oil and gas organizations
shall have the following responsibilities:
1. Not to discharge into the environment
gaseous, liquid and solid wastes in excess of the current Vietnamese standard,
especially noxious wastes
2. To conduct environment survey and monitoring
and the program of supervising the environment according to the Decision of the
Ministry of Science, Technology and Environment which ratifies the Evaluation
Report on the Environmental Impact of the project and the establishment.
3. To work out and submit to the State managing
agency for environmental protection the reports on environmental protection and
environmental accidents in conformity with Article 7 of this Regulation.
4. To pay fees related to environmental
protection according to prescriptions of Vietnamese law.
Article 6.- Upon
completing an oil or gas project, the oil and gas organization must dismantle
the fixed constructions, clean up the site of the project and report to the
competent State agency.
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1. Each year the oil and gas organization shall
have to make and send a report on environmental protection, including documents
on the survey and monitoring of the environment to the State managing agency on
environmental protection at the place where the oil and gas organization
operates within the first 15 days of the next year. The report on environmental
protection must reflect the implementation of the ratified evaluation report on
environmental impact.
2. In case of an accident causing major damage
to the environment as stipulated in Articles 37 and 38 of this Regulation,
after completing the handling of the pollution, the oil and gas organization
shall have to make a report to the Ministry of Science, Technology and
Environment about the cause of the accident, the process of handling the
accident and the consequence to the environment.
3. Upon completion of the oil and gas project,
the oil and gas organization must make and submit a report on environmental
protection in the process of carrying out the project to the State managing
agency on environmental protection at the place where the oil and gas
organization operates. The report must reflect the implementation of the
ratified evaluation report on environmental impact.
Article 8.- The oil and
gas organization shall have to work out and submit the report on environmental impact
and the plan to handle oil spills according to the following prescriptions:
1. To make the evaluation report on
environmental impact and submit it to the State managing agency on
environmental protection according to the provisions of Decree No.175-CP of
October 18, 1994 of the Government guiding the implementation of the Law on
Environmental Protection and the related guiding documents.
2. The contents and procedures for the
examination of the preliminary report on environmental impact, the detailed
report on environmental impact for each kind of oil and gas activities must
comply with the prescriptions of Vietnamese Law on Environmental Protection.
3. To work out the plan to cope with oil spill
accidents including all the possible risks that may cause accidents, and
proposal for measures to be applied to limit to the minimum the possibility of
pollution of the environment, the plan of mobilization of manpower and
corresponding equipment for timely handling when an accident happens.
Chapter II
SEARCH FOR, PROSPECTION
AND DEVELOPMENT OF MINES AND EXPLOITATION OF OIL AND GAS
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Article 10.- While
conducting explosion-provoking activities the oil and gas organization must
comply with the provisions of Decree No.27-CP of April 20,1995 of the
Government and Circular No.11-TT/CNCL of March 13, 1996 of the Ministry of
Industry guiding the implementation of Decree No.27-CP of April 20, 1995 of the
Government on the management, production, supply and use of industrial
explosives.
Article 11.- The
control of the explosion and noise provoking activities is prescribed as
follows:
1. Seismic explosions can be conducted only on
the mainland in conformity with the contents of the evaluation report on
environmental impact already ratified by the State managing agency on
environmental protection.
2. The oil and gas organization must ask the
permission of the local authorities at least 30 days before conducting an
explosion-provoking activity (not including explosion causing activities within
the drilling well for seam testing and other daily activities such as tube
cutting...). After getting the permission, the oil and gas organization must
inform the organizations and individuals operating in areas related to the area
of the explosion and must put up warning signs at appropriate places when
conducting the explosion.
3. It is forbidden to conduct seismic explosions
and to send low flying airplanes that cause sudden noise in areas of national
preserves for endangered animals during their nesting or mating season.
4. The oil and gas organizations must pay full
compensation for damage caused by explosion provoking activities to humans,
animals, plants and constructions such as roads and houses according to
prescriptions of law.
Article 12.- The use of
drilling solution and noxious or dangerous chemicals must get the permission of
the Ministry of Science, Technology and Environment. The grounds for
consideration for the granting of permits are the certificates of noxiousness
in the experiments conducted in the environmental conditions of Vietnam issued
by a specialized agency of Vietnam empowered by the Ministry of Science,
Technology and Environment or the permit in a country with conditions
appropriate for use in Vietnam.
Article 13.- It is
strictly forbidden to use diesel pressure drilling solution.
Oil pressure drilling solution shall not be
used. When necessary it can be used but only with the approval after
consideration and permission from the Vietnam Oil and Gas Corporation and the
Ministry of Science, Technology and Environment.
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Article 15.- The
discharge of production waste from oil and gas sea constructions in the areas
under the jurisdiction of the Socialist Republic of Vietnam must comply with
the following prescriptions:
1. Not to discharge into the sea oil slug and
waste oil, the oil pressure drilling solutions, oil containing solids and other
noxious liquid and solid wastes. These wastes must be collected and transported
to the mainland for processing according to prescriptions.
2. It is allowed to discharge into the sea only
the kinds of waste water and drill slug with oil contents prescribed in the
Appendix attached to this Regulation and the noxious chemicals below the
allowed levels prescribed by the Vietnam environment standard.
Article 16.- The
discharge of wastes of living from sea oil and gas constructions in the areas
under the jurisdiction of the Socialist Republic of Vietnam must comply with
the following prescriptions:
1. Not to discharge into the sea substances
difficult to decompose such as empty tins, bottles, plastic bags... These
wastes must be collected and transported to the mainland for processing
according to prescriptions.
2. Solid wastes such as timber and paper may be
burnt and the ashes are allowed to be discharged into the sea unless they are
noxious and oil impregnated.
3. Food left-overs can be discharged directly
into the sea after being ground into particles smaller than 25 mm in diameter.
Article 17.- The
collection and processing of solid and liquid wastes from oil and gas
constructions on the mainland must comply with the following prescriptions:
1. Solid wastes must be collected into
appropriate containing means or equipment then must be processed or buried at
the dumping grounds according to the prescribed standard and must comply with
the guidance of the local authorities.
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3. Water from the extraction of the seams must
be collected and contained in separate areas and must be processed according to
the Vietnam Standard 5945-1995 - Industrial waste water - Waste standard before
being discharged into the surrounding areas.
Article 18.-
1. It is forbidden to
directly discharge hydrocarbonated gases into the environment without
permission from the State managing agency on environmental protection.
2. When it is impossible to collect them for
use, hydrocarbonated gases must be burnt out at the incineration towers. These
towers must be designed to reach the standard prescribed by the Law on Protection
of Environmental.
Chapter III
STORING AND TRANSPORTING
OIL AND GAS
Article 19.- Oil and
gas organizations shall work out plans to prevent and combat fires and
explosion accidents and submit them to the Agency for the Prevention and Combat
of Fires and Explosions under the Ministry of the Interior for approval and
issue of permit for construction.
Article 20.-
1. Container basins,
filling and receiving stations, oil and gas pipelines must be designed and
built according to Vietnamese standards or international standards (API, ASME,
BS...) already recognized by Vietnam. A program must be adopted to conduct
regular control and supervision during the process of operating these
equipments.
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Article 21.- The
designing and building of undersea oil and gas pipelines must comply with the
following prescriptions:
1. Adverse impact on the environment must be
kept at the lowest possible level when choosing the pipelines. It is forbidden
to lay oil and gas pipelines through national preserves or areas exceptionally
sensitive to the environment unless it is permitted by the State managing
agency on environmental protection.
2. When laying the pipelines, appropriate
measures must be taken to prevent and limit the pollution of the sea
environment (water and sea bed) caused by the construction and the discharge of
wastes.
3. When permission is given to use explosives
and radioactive matters in line with the Evaluation Report on Environmental
Impact, the prescriptions in Article 10, Article 11 and Article 14 of this
Regulation must be complied with.
4. Pipelines shall be allowed to be buried into
the seabed if they do not adversely affect the sea bed structures and the
natural ecological conditions of the shoreline.
Article 22.- The
designing and construction of oil and gas pipelines on the mainland must comply
with the following prescriptions:
1. The corridor and pipeline must be so chosen
as not to violate the nature preserves, beautiful landscapes, historic and
cultural relics and areas exceptionally sensitive areas of the environment.
2. To reduce to the minimum the adverse impact
on the environment and natural landscapes, destructive effect on architectural
and cultural constructions or obstruction to traffic.
3. Once having got the permit to use explosives
and radioactive substances in line with the ratified Evaluation Report on
Environmental Impact, Articles 10, 11 and 14 of this Regulation must be
observed.
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1. During the laying of
the oil and gas pipelines on the mainland or near the shore, the liquid used in
testing the water pressure of the oil and gas pipelines must be collected into
a separate place and must be processed before its discharge into the
surrounding areas in accordance with the approved Evaluation Report on
Environmental Impact.
2. The chemicals used in the test of water
pressure must be approved by the Ministry of Science, Technology and
Environment. The issue of permit is based on the certificate of the level of
noxiousness of the experiments conducted in the environmental conditions of Vietnam
issued by the specialized agency of Vietnam empowered by the Ministry of
Science, Technology and Environment or the permit in a foreign country with
conditions appropriate for use in Vietnam.
Article 24.- In the
process of operation, the rinsing of the oil tanks and the oil and gas
pipelines and the processing of the wastes issued from the rinsing process must
conform with the technical plans approved by the State managing agency on
environmental protection.
Chapter IV
PROCESSING OF OIL AND GAS
Article 25.- Oil and
gas organizations shall work out plans to prevent and combat fires and
explosion accidents and submit them to the Agency for the Prevention and Combat
of Fires and Explosions under the Ministry of the Interior for approval and
issue of permit for construction.
Article 26.- When
choosing the location of the oil and gas processing factory, steps must be
taken to ensure the minimum of adverse impact on the environment and the
services of onsite environmental protection, especially in case of environmental
accident.
Article 27.- The
technology of processing and the processes of operation, supervision and rescue
in an environmental accident of the oil gas processing factory must so chosen
as to ensure the reduction to the minimum of the discharge of gas, liquid and
solid wastes into the environment and must comply with the prescription of
legislation on technological transfer.
Article 28.- The
measures of transportation of raw materials and products from the oil refinery
must be so chosen as to ensure the maximum reduction the risks of oil spill
caused by transport accidents.
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Article 30.-
1. The gas, liquid and
solid wastes of the oil and gas processing factories must be treated according
to the Vietnam environment standards or must be allowed by the Ministry of
Science, Technology and Environment if these standards are still non existent,
before being discharged into the environment.
2. The dumping grounds of liquid and solid
wastes of the oil and gas processing factories must be designed and treated in
order not to cause pollution of the environment.
Chapter V
SERVICE ACTIVITIES
Article 31.- Transport
means of oil and gas organizations operating on land, on rivers and on the sea
must comply with Vietnamese law, the International Convention on the Prevention
of Pollution from ships (MARPOL 73/78) and the related international
conventions which Vietnam has signed or acceded to.
Article 32.- Ships and
boats taking part in oil and gas activities on the sea must comply with the
following prescriptions:
1. They must have equipment to prevent pollution
in accordance with Vietnam Standards 04044-85 the "Rules on the Prevention
of Pollution from ships" already checked and certified by the ship
registration agency. For foreign ships they must have international
certificates of anti pollution caused by oil or waste water and recognized by
the Vietnam Shipping Registry.
2. They must have guiding documents on
prevention of pollution caused by noxious substances including waste of living,
and also documents guiding the collection onto the ship and on oil delivery and
reception.
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4. They must have a register to monitor the
delivery and reception of oil and other substances. The register must record
all the data on delivery and reception as well as the results of the
inspection. It must be put on file and submitted to the State managing agency
on environmental protection if requested.
Article 33.- The
on-shore oil and gas services must comply with the following prescriptions:
1. They must not directly discharge into the
surrounding areas any kind of oil and grease, noxious chemicals, gas and water
waste containing substances with toxity higher than the permitted level of the
Vietnam Standards on industrial and living waste gas and water.
2. They must collect and treat production and
living wastes during the process of operation as prescribed.
3. Service bases for the reception, storing and
treatment of wastes from the oil and gas industry must have dumping grounds,
and appropriate processing technology as prescribed by the Law on Protection of
the Environment and related laws. It is strictly forbidden to receive and treat
waste materials imported from foreign countries.
4. The conservation, storing and transportation
of radioactive substances must comply with the legislation on Radioactive
Safety and Control, and also with the Vietnamese Standards:
TCVN - 4586-97 (Rules on Safety of
Conser-vation, Transportation and Use of Explosives).
TCVN - 4397-87 (Rules on Safety of Ionized
Radiation).
TCVN - 4985-89 (Rules on Safe Transportation of
Radioactive Substances).
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Article 35.- Oil and
gas ports must meet the requirements stipulated in Article 33 of this
Regulation, must have a plan of rescue for oil spills and a plan to prevent and
combat fires already ratified by the competent State agency.
Chapter VI
OVERCOMING ENVIRONMENTAL
POLLUTION, ENVIRONMENTAL DETERIORATION AND ENVIRONMENTAL ACCIDENT
Article 36.-
1. In the implementation
of oil and gas projects, the oil and gas organizations must fully maintain
their personnel, equipment and relations with related agencies including the
local authorities and foreign organizations so as to manage and reduce to the
lowest level the possible damage to the environment.
2. The oil and gas organizations that are
exploiting oil and gas on the sea must ensure that:
2.1. On each oil rig and reception and
distribution station, necessary equipments are ready to conduct on-site rescue
during oil spills of less than 15 tons.
2.2. There is the capacity to launch into the
sea rescue equipment in case of oil spills of less than 500 tons within 24
hours.
Article 37.-
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2. The Vietnam Oil and Gas Corporation has the
responsibility to draw up the common rescue plan for the activities of the
member units, the contractors of the Vietnam Oil and Gas Corporation, the joint
ventures with capital contributed by the Corporation in order to coordinate
actions among the oil and gas organizations, the related agencies and the
People's Committee of the locality where the accident takes place as well as
foreign rescue organizations in order to assure the quickest and most effective
rescue.
Article 38.- In case of
oil spill at the sea oil and gas construction with a volume of oil of more than
two tons, the oil and gas organization must immediately inform the Ministry of
Science, Technology and Environment and the People's Committee of the province
where the accident takes place. A full report on the oil spill accident must be
written and submitted to the Ministry of Science, Technology and Environment
and the People's Committee of the province where the accident takes place
within 15 days after the accident is resolved.
Article 39.- The use of
foam to cope with oil spill must comply with the procedures written in the
rescue plan for oil spills already ratified and must comply with the following
requirements:
1. Foam can be used to cope with oil spill only
after it is judged that the use of other measures is not appropriate for the
recovery of the spilled oil.
2. Only registered foam and foam permitted by
the Ministry of Science, Technology and Environment can be used. It must be
used cautiously in order to avoid overuse of foam exceeding the permitted
level.
3. It is forbidden to use foam on the rivers,
estuaries and sea areas on the coast less than 20 m deep and less than 2 km
from the shore and the other ecologically sensitive areas.
4. The use of foam must be permitted by the
Ministry of Science, Technology and Environment. In emergency cases when the
oil spill threatens seriously human lives, properties, natural resources, the
oil and gas organization may use foam already registered in the rescue plan for
oil spills and ratified by the Ministry of Science, Technology and Environment.
5. After using foam, the oil and gas
organization must send a detail report to the Ministry of Science, Technology
and Environment about the accident, the use of foam and its consequence.
Chapter VII
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Article 40.- An
inspectoral team or a specialized inspector in environmental protection has the
right to come to oil and gas organizations to:
1. Inspect the kinds of permits, certificates
and other documents related to the prevention and fight against environmental
pollution;
2. Inspect the register of the activities in
environmental management, copy necessary documents, and request the responsible
persons of the oil and gas organization to certify the authenticity of the
originals;
3. Inspect the conservation, use and the status
of activity of the equipment to prevent and combat pollution;
4. Collect necessary samples related to
environmental protection.
5. Check the fact and interrogate the persons
related to the pollution accident.
6. Detect and solve on the spot related
questions or propose to the State managing agency on environment to settle
according to the prescriptions of current legislation.
7. Order fines in accordance with prescriptions
of law.
Article 41.-
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2. Oil and gas organizations may complain to the
person who has ordered the inspection concerning the conclusions and the
measures of handling of the team or the inspector. In case of disagreement with
the decision to settle the complaint, the oil and gas organization may complain
to the immediate higher level of the person who has ordered the inspection or
file a suit at the competent Court.
3. In case the inspection is conducted at a
foreign invested oil and gas organization, the complaints shall be settled
according to the Law on Foreign Investment.
Article 42.-
1. In the process of
conducting an oil and gas project, if the oil and gas organization causes
environmental deterioration, environmental pollution and environmental
accident, besides a fine, it shall have to pay compensation for damage
according to prescriptions of Vietnamese law.
2. The oil and gas organization that causes
environmental pollution has to pay the expenditures in cleaning the
environment, and overcome the environmental accident to any organization or
individual that has overcome the accident and done the cleaning.
3. The oil and gas organization must pay timely
compensation to the organizations and individuals for the damage caused by the
environmental deterioration, environmental pollution, and environmental
accident caused by it and pay the expenditures which have been spent to clean
the environment and overcome the accident.
Article 43.- The oil
and gas organization shall not have the duty to pay compensation or pay the
expenditures on cleaning the environment if the environmental accident is
caused:
- by natural calamities;
- by war or terrorist acts;
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Article 44.- All
organizations or individuals that implement well the prescriptions of this
Regulation, that have done meritorious services in preventing pollution or in
rescue operations during an environmental accident shall be rewarded or
commended according to the provisions of Vietnamese law.
Article 45.- Any
organization or individual that violates this Regulation shall, depending on
the extent of the violation and its consequence, be dealt with according to the
provisions of Vietnamese law.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 46.- The State
managing agency on environmental protection shall have to guide, inspect and
supervise the implementation of this Regulation according to its function and
powers.
Article 47.- The
Vietnam Oil and Gas Corporation is entrusted with the task of guiding,
supervising and inspecting the implementation of this Regulation by the
Contractors as prescribed in the Oil and Gas Contracts.
Article 48.- In the
process of implementation if some earlier provisions are contrary to the
contents stipulated in the Regulation on Environmental Protection during the
search for, prospection, exploitation and development of mines, the storing,
transportation and processing of oil and gas and related services,
implementation shall conform with this Regulation.
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APPENDIX
PROVISIONAL REGULATION ON ALLOWED OIL CONTENT IN
WASTE WATER AND DRILLING SLUG (APPLICABLE TO OIL AND GAS WORKS OPERATING IN
VIETNAM SEA AREAS PENDING THE PROMULGATION OF RELATED VIETNAM STANDARDS)
Discharged matters
Limit
Note
Waste water
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1. Areas within 12 nautical miles from shore:
For exploitation water this is the average maximum
limit in 24 hours
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Normal
15m/l
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Areas where special protection
The Ministry of Science, is needed Technology and
Environment shall have concrete provisions for each case
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40 mg/l
B. Other kinds of water
1. Areas within 3 nautical miles from shore
1 mg/l
2. Areas more than 3 nautical miles from shore
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Drilling slug
1. Areas 3 nautical miles from shore
Discharge forbidden
2. Areas more than 3 nautical miles from shore (applicable
to oil pressure drilling solutions)
10 g /1kg of dry drill
slug
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