|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No.
115/2009/ND-CP
|
Hanoi,
December 24, 2009
|
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE
GOVERNMENT'S DECREE NO. 48/2000/ ND-CP DETAILING THE PETROLEUM LAW AND THE
REGULATION ON BIDDING FOR PETROLEUM SURVEY, EXPLORATION AND EXPLOITATION
PROMULGATED TOGETHER WITH DECREE NO. 34/2001/ND-CP
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the July 6, 1993 Petroleum Law; the June 9, 2000 Law Amending and
Supplementing a Number of Articles of the Petroleum Law; and the June 3, 2008
Law Amending and Supplementing a Number of Articles of the Petroleum Law;
At the proposal of the Ministry of Industry and Trade,
DECREES:
Article 1.
Scope of amendment and supplementation
This Decree amends and
supplements a number of articles of the Government's Decree No. 48/2000/ND-CP
of September 12, 2000, detailing the Petroleum Law (below referred to as Decree
No. 48/2000/ND-CP), and the Regulation on bidding for petroleum survey,
exploration and exploitation promulgated together with Decree No. 34/2001/ND-CP
(below referred to as the bidding regulation).
Article 2.
To amend and supplement a number of articles of Decree No. 48/2000/ND-CP
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 3. Entities
entitled to conduct petroleum activities
1. Organizations and individuals
entitled to conduct petroleum activities include:
a/ Enterprises established and
operating under the law on enterprises;
b/ Vietnamese and foreign
organizations and individuals.
2. Enterprises, organizations
and individuals defined in Clause 1 of this Article may conduct petroleum
activities under petroleum contracts signed with the Vietnam Oil and Gas Group
under the Petroleum Law, this Decree and relevant legal documents.
3. Petroleum survey and
exploration of the Vietnam Oil and Gas Group shall be conducted by its member
companies under petroleum contracts signed under Clause 2 of this
Article."
2. To annul Clause 1, Article
4.
3. To add Clause 8 to Article
4 as follows:
"8. Plan on dismantlement
of fixed works, equipment and means means a document containing technical and
technological solutions, total costs and schedule for the dismantlement of
fixed works, equipment and means in service of petroleum activities."
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 15.
Obligation to dismantle fixed works, equipment and means in service of
petroleum activities
1. Organizations and individuals
conducting petroleum survey, exploration and exploitation are obliged to
dismantle fixed works, equipment and means in service of petroleum activities.
2. Organizations and individuals
conducting petroleum exploitation shall work out plans on dismantlement of
fixed works, equipment and means and funds for the dismantlement under law. and
submit them to the Ministry of Industry and Trade for consideration and
approval.
3. Organizations and individuals
shall dismantle fixed works, equipment and means in service of petroleum
activities under approved plans.
If their requests are approved
by the Ministry of Industry and Trade or the Ministry of Industry and Trade
requests, organizations and individuals may be exempt from dismantling all or
part of fixed works, equipment and means in service of petroleum activities.
4. Expenses for the
dismantlement shall be accounted as retrieved petroleum expenses."
5. Article 25 is amended and
supplemented as follows:
"Article 25.
Prolongation of the survey and exploration stage and extension of petroleum
contracts
1. Prolongation of the survey
and exploration stage
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Extension of petroleum
contracts
Petroleum contracts may be
extended under Article 17 of the Petroleum Law.
At least one year before the expiration
of a petroleum contract, the contractor and the Vietnam Oil and Gas Group shall
submit a report clearly stating the reason for extension of the petroleum
contract to the Prime Minister and concurrently to the Ministry of Industry and
Trade for examination.
Within 35 working days after
receiving the report, the Ministry of Industry and Trade shall propose the
Prime Minister to consider and decide on extension of the petroleum
contract."
6. To add Article 25a as
follows:
"Article 25a.
Prolongation of the survey and exploration stage and extension of petroleum
contracts in special cases
1. Special cases in which the
survey and exploration stage may be prolonged or petroleum contracts may be
extended under Clause 2, Article 17 of the Petroleum Law are cases in which
such prolongation or extension is given for national defense or security
reasons.
At least 90 days before the end
of the survey and exploration stage or at least one year before the expiration
of a petroleum contract, the contractor and the Vietnam Oil and Gas Group shall
submit a report clearly stating the reason for prolongation of the survey and
exploration stage or extension of the petroleum contract to the Prime Minister
and concurrently to the Ministry of Industry and Trade for examination.
2. Within 35 working days after
receiving the report, the Ministry of Industry and Trade shall submit to the
Prime Minister its examination opinions on prolongation of the survey and
exploration stage or extension of the petroleum contract."
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 30. Early
exploitation
In the survey and exploration
stage, if contractors conduct early exploitation in areas under petroleum
contracts, they shall submit early exploitation programs and plans to the Ministry
of Industry and Trade for approval under the Petroleum Law, this Decree and
relevant laws."
8. Article 35 is amended and
supplemented as follows:
"Article 35.
Discovery of petroleum of a commercial potential beyond contractual areas
In case petroleum of commercial
potential is discovered outside areas under petroleum contracts and within
blocks for which no petroleum contract has been signed yet, contractors and the
Vietnam Oil and Gas Group shall submit reports clearly stating reasons for
expansion of contractual areas to the Prime Minister and concurrently to the
Ministry of Industry and Trade for examination."
9. Article 36 is amended and
supplemented as follows:
"Article 36. Field
consolidation
In case petroleum of commercial
potential is discovered in areas under petroleum contracts and this petroleum
field overlap areas of blocks for which petroleum contracts have been signed,
involved parties may reach agreement on formulation of a project on joint
exploitation of the whole field, and then submit it to the Prime Minister and
concurrently to the Ministry of Industry and Trade for examination."
10. Article 37 is amended and
supplemented as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Organizations and individuals
conducting petroleum survey, exploration and exploitation may sign petroleum
service provision contracts with sub-contractors or other organizations and
individuals in service of petroleum activities.
2. For petroleum contracts
signed before the effective date of this Decree, the bidding for and signing of
contracts on provision of petroleum services directly related to petroleum
survey, exploration, field development and exploitation must comply with the
provisions of signed petroleum contracts.
3. For petroleum contracts signed
after the effective date of this Decree, the bidding for and signing of
contracts on provision of petroleum services directly related to petroleum
survey, exploration, field development and exploitation must comply with the
provisions of signed petroleum contracts and adhere to the following
principles:
a/ Assuring the investment
effectiveness of projects and, publicity and transparency in organizing the
bidding for and signing of contracts;
b/ Being compatible with
particular characteristics of the petroleum sector in the petroleum survey,
exploration, field development and exploitation;
c/ Prioritizing the use of
petroleum services which can be provided by Vietnamese organizations and
individuals."
11. Article 43 is amended and
supplemented as follows:
"Article 43. Rights
and obligations of joint-venture enterprises
In case a petroleum contract is
signed in the form of joint-venture contract, the joint-venture enterprise may
enjoy rights and perform obligations agreed under the joint-venture contract,
and the rights and obligations of contractors as provided in the Petroleum Law,
this Decree and relevant legal documents."
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 43a. Taxes,
charges and fees applicable to petroleum activities
Organizations and individuals
that conduct petroleum activities shall declare and pay taxes, charges and fees
under the laws on taxes, charges and fees."
13. To annul Chapter V, and
Articles 64 and 65
14. Clause 1, Article 66 is
amended and supplemented as follows:
"1. The Ministry of
Industry and Trade shall appraise petroleum contracts, then submit them to the
Prime Minister for consideration and approval; appraise and propose the Prime
Minister to decide to permit the transfer of rights and obligations of parties
to petroleum contracts; and grant investment certificates and modified
investment certificates for petroleum contracts under the Petroleum Law and
relevant legal documents."
15. To add Article 66a as
follows:
"Article 66a.
Process of appraisal of petroleum contracts and grant of investment
certificates
1. A dossier for appraisal of a
petroleum contract comprises:
a/ A written request of the
Vietnam Oil and Gas Group for appraisal of the petroleum contract;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ A certified copy of the
business registration certificate, for organizations, or the identity card or
passport, for individual investors entering petroleum contracts;
d/ Draft petroleum contract;
e/ Relevant legal documents used
as grounds for petroleum contract negotiation.
Such a dossier shall be
submitted to the Ministry of Industry and Trade in 8 sets, including 1
original.
2. Order of appraisal of a
petroleum contract and grant of an investment certificate
a/ Within 5 working days after receiving
a valid dossier for appraisal of a petroleum contract, the Ministry of Industry
and Trade shall forward this dossier to concerned ministries and branches for
their opinions;
b/ Within 15 working days after
receiving the dossier, the concerned ministries and branches shall send their
written opinions to the Ministry of Industry and Trade. Past that time limit, a
concerned ministry or branch which has no written opinion will be considered
having agreed with proposals in the dossier;
c/ Within 35 working days after
receiving a complete and valid dossier, the Ministry of Industry and Trade
shall appraise and submit to the Prime Minister appraisal results and give its
opinions for the Prime Minister to consider and approve the petroleum contract.
d/ Based on the Prime Minister's
approval of the petroleum contract, the Vietnam Oil and Gas Group and the
contractor shall sign the petroleum contract;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
16. To add Article 66b as
follows:
"Article 66b.
Process of appraisal of transfer of rights and obligations under petroleum
contracts and grant of modified investment certificates
1. A dossier for appraisal of
transfer of rights and obligations under a petroleum contract comprises:
a/ A written request of the
Vietnam Oil and Gas Group for appraisal of transfer of rights and obligations
of parties to the petroleum contract;
b/ A certified copy of the
business registration certificate, for organizations, or the identity card or
passport, for individual investors entering petroleum contracts;
c/ A contract on transfer of
rights and obligations under the petroleum contract;
d/ The agreement on modification
of the petroleum contract.
Such a dossier shall be
submitted to the Ministry of Industry and Trade in 8 sets, including 1
original.
2. Process of appraisal of
transfer of rights and obligations under a petroleum contract and grant of a
modified investment certificate
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Within 15 working days after
receiving the dossier, the concerned ministries and branches shall send their
written opinions to the Ministry of Industry and Trade. Past that time limit, a
concerned ministry or branch which has no written opinion will be considered
having agreed with proposals in the dossier;
c/ Within 35 working days after
receiving a complete and valid dossier, the Ministry of
Industry and Trade shall
appraise and submit to the Prime Minister appraisal results enclosed with
opinions of concerned ministries and branches and give its opinions for the
Prime Minister to consider and approve the transfer of rights and obligations
under the petroleum contract.
d/ Within 10 working days after
receiving the Prime Minister's approval of transfer of rights and obligations
under the petroleum contract, the Ministry of Industry and Trade shall consider
and grant a modified investment certificate."
17. To annul Chapter VIII
18. Change of some phrases:
a/ The phrase "state
management agency in charge of petroleum" in the Government's Decree No.
48/2000/ND-CP of September 12, 2000, detailing the Petroleum Law, is replaced
with the phrase "Ministry of Industry and Trade";
b/ The phrase "Vietnam Oil
and Gas Corporation" in Decree No. 48/2000/ND-CP of September 12, 2000, is
replaced with the phrase "Vietnam Oil and Gas Group."
Article 3.
To amend and supplement a number of articles of the bidding regulation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 4. Public
bidding
The form of public bidding shall
be applied on the principle of competitiveness, fairness and transparency. All
organizations and individuals that satisfy the conditions specified in Article
5 of this Regulation may participate in the bidding."
2. To add Article 4a as
follows:
"Article 4a.
Competitive bids
Competitive bids are applicable
to petroleum blocks to be implemented in areas with complicated geological
conditions and in which only two capable organizations or individuals register
for participation. The Vietnam Oil and Gas Group shall select organizations or
individuals with the best bid dossier, then report on selection results to the
Ministry of Industry and Trade for appraisal and subsequent submission to the
Prime Minister for consideration and approval."
3. Article 6 is amended and
supplemented as follows:
"Article 6. Bidding
norms
1. Bidding norms to be stated in
a bidding dossier include:
a/ The oil and gas
profit-sharing ratios;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ The participation proportion
of the Vietnam Oil and Gas Group or a member enterprise of the Vietnam Oil and
Gas Group authorized to participate in the bidding as the petroleum contractor.
2. Based on the specific
potential of each area or block, the bid-soliciting party shall add to the
bidding dossier one or a number of other bidding norms, such as the expense
recovery rate, signature commission, exploitation commission, document
reference charge and training expense.
3. Royalties, enterprise income
tax and other payable taxes, charges and fees comply with the laws on taxes,
charges and fees."
4. Article 8 is amended and
supplemented as follows:
"Article 8. Bidding
plans
1. Bid-soliciting parties shall
elaborate bidding plans for areas or blocks, and send them to the Ministry of
Industry and Trade.
2. A bidding plan must contain
the following:
a/ Preliminary evaluation of the
oil and gas potential of each area or block;
b/ Bidding time;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ Method of bid evaluation;
e/ Bidding form.
3. Within 15 working days after
receiving full documents on a bidding plan, the Ministry of Industry and Trade
shall complete the examination and report examination results to the Prime
Minister for consideration and approval."
5. To add Article 8a as
follows:
"Article 8a. Master
plan on bidding for petroleum blocks
Before October 31 every year,
the Vietnam Oil and Gas Group shall work out a master plan on bidding for
petroleum blocks for the subsequent year, then submit it to the Prime Minister
and concurrently send it to the Ministry of Industry and Trade for
appraisal."
6. Article 15 is amended and
supplemented as follows:
"Article 15.
Organization of bid evaluation
The bid-soliciting party shall
set up a bid-evaluating team composed of its experts. It may invite experts
from concerned ministries and branches to join the team. The working regulation
of this team shall be stipulated by the bid-soliciting party. The bid
evaluation shall be conducted within 20 working days after the date of bid
opening."
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 17.
Appraisal of bidding results
The Ministry of Industry and
Trade shall set up an inter-branch working team composed of representatives of
the concerned ministries and branches for appraisal of bidding results. The
working regulation of this team shall be stipulated by the Ministry of Industry
and Trade.
Within 25 working days after
receiving full documents related to bidding results, the Ministry of Industry
and Trade shall submit to the Prime Minister a report on appraisal of bidding
results.
8. Article 20 is amended and
supplemented as follows
"Article 20. Process
of contractor appointment
The contractor appointment shall
be conducted according to the following steps:
1. The bid-soliciting party
shall submit to the Ministry of Industry and Trade the contractor appointment,
clearly stating the area or block proposed for contractor appointment, the
reason therefor, organizations and individuals appointed as contractors, and
bid-assignment norms and conditions.
2. The Prime Minister shall
consider and approve contractor appointment results based on appraisal reports
of the Ministry of Industry and Trade."
9. Article 23 is amended and
supplemented as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Regulation applies to the
selection of partners for signing petroleum contracts in order to implement
petroleum survey, exploration and exploitation projects."
10. The phrase "Vietnam Oil
and Gas Corporation" in the Regulation on bidding for petroleum survey,
exploration and exploitation projects, promulgated together with the
Government's Decree No. 34/2001/ND-CP of July 6, 2001, is replaced with the
phrase "Vietnam Oil and Gas Group."
Article 4.
Effect
This Decree takes effect on
February 14, 2010.
Article 5.
Implementation responsibility
The Ministry of Industry and
Trade shall guide the implementation of this Decree.
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
chairpersons of provincial-level People's Committees shall implement this
Decree.-
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66