Decree No. 03/2002/NĐ-CP on the protection of oil and gas security and safety.

 

DECREE

On the protection of oil and gas security

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Oil Law dated July 6, 1993, and the Law Amending and Supplementing Certain Provisions of the Oil Law dated June 9, 2000;

At the proposal of the Minister of Public Security,

DECREE:

Chapter 1:
GENERAL PROVISIONS

Article 1. This Decree stipulates measures and responsibilities of agencies, organizations, and individuals in protecting oil and gas security.

Article 2. This Decree applies to oil and gas activities and oil and gas facilities, equipment, and means of the Vietnam Oil and Gas Corporation and partners, including exploration, development, exploitation, transportation, storage, processing, technical services, scientific research conducted on land, islands, inland waters, territorial seas, exclusive economic zones, and continental shelf of the Socialist Republic of Vietnam.

Article 3.

1. Protection of oil and gas security is the obligation and responsibility of organizations and individuals conducting oil and gas activities, state agencies, political-social organizations, economic organizations, armed forces units, and all citizens.

2. Any violation of this Decree and other relevant laws concerning oil and gas security must be promptly detected and strictly dealt with according to the law.

Article 4.

1. Every organization and individual upon discovering signs of incidents, incidents, or acts infringing upon oil and gas security shall take measures to prevent them and immediately report to the police, military, local authorities, or the nearest agency or organization for timely handling and prevention of damage.

2. Agencies and organizations mentioned in Clause 1 of this Article, upon receiving information related to loss of oil and gas security, shall have the responsibility to coordinate with competent units to promptly handle and prevent damage.

Article 5. In this Decree, the following terms are understood as follows:

1. "Protection of oil and gas security" refers to the implementation of preventive measures, detection, prevention, and handling of acts that violate or harm the implementation of policies, laws, and guidelines for the development of the oil and gas industry in Vietnam; internal security protection of oil and gas agencies and enterprises; protection of state secrets; and protection of oil and gas activities, facilities, equipment, and means. petroleum activities, oil and gas facilities, petroleum vessels, and petroleum equipment.

2. "Protection of oil and gas safety" refers to the implementation of preventive measures, detection, prevention, and handling of acts that violate regulations on fire prevention, explosion prevention, technical accidents, ensuring safety for people, facilities, equipment, and oil and gas activities, and protecting the ecological environment.

3. "Oil and gas facilities, equipment, and means" refer to drilling platforms, pipelines, storage tanks, refineries, ports, and other facilities, equipment, and means serving oil and gas activities, including those serving oil and gas activities based on cooperation with foreign countries in areas not under the jurisdiction of the Socialist Republic of Vietnam.

Chapter 2:
PROTECTION OF OIL AND GAS SECURITY

Article 6. The task of protecting oil and gas security includes preventing, detecting, preventing, and handling the following acts:

1. Exploiting oil and gas activities to infringe upon national security, sovereignty, and sovereign rights of the Socialist Republic of Vietnam.

2. Directly or indirectly destroying oil and gas agencies, enterprises, facilities, equipment, and means.

3. Infringing upon oil and gas activities, causing damage to state property, national interests, and legitimate interests of organizations and individuals conducting oil and gas activities.

4. Violating state secrets in oil and gas activities.

5. Hindering the implementation of policies, laws, and guidelines for the development of the oil and gas industry.

Article 7. Prior to conducting oil and gas activities in Vietnam, every organization and individual must develop plans and schemes for protecting oil and gas activities and facilities, equipment, and means according to the regulations of the Ministry of Public Security. These plans and schemes must be submitted to the Vietnam Oil and Gas Corporation for coordination.

Article 8.

1. Recruitment of workers to work for the Vietnam Oil and Gas Corporation must be carried out in accordance with the provisions of the Labor Law and other relevant laws.

For foreigners and overseas Vietnamese, criminal records must be included in the recruitment dossier. After being recruited, these individuals must operate in accordance with their purpose of entry.

2. The Vietnam Oil and Gas Corporation has the responsibility to coordinate with state functional agencies in managing the activities of foreign workers, overseas Vietnamese working for contractors, representative offices, and oil and gas enterprises in Vietnam.

Article 9.

1. Foreign oil and gas contractors and oil and gas enterprises with foreign investment when recruiting Vietnamese workers must comply with Vietnam's labor laws. After recruitment, they must notify and submit copies of employment contracts to the Vietnam Oil and Gas Corporation.

2. Foreign oil and gas contractors and oil and gas enterprises with foreign investment when sending Vietnamese workers abroad for business trips or study must inform the Vietnam Oil and Gas Corporation about the list of the delegation, program of work, and study.

Article 10.

1. Foreigners and overseas Vietnamese working for foreign contractors and oil and gas enterprises with foreign investment in Vietnam must abide by Vietnamese laws and international treaties to which Vietnam is a party.

2. The Vietnam Oil and Gas Corporation may require foreign contractors and oil and gas enterprises with foreign investment to terminate employment contracts with workers if evidence of violation of Vietnamese laws is found.

Article 11. Information within the scope of state secrets in the oil and gas sector transmitted via radio, wire, or other technical means must be encrypted according to the State's regulations on cryptographic work.

Strictly prohibited from exchanging or disseminating information within the classified state secrets list in the oil and gas sector through mass media.

Article 12. Organizations and individuals conducting oil and gas activities in Vietnam using computer networks connected to the Internet for oil and gas operations shall be responsible for:

1. Adhering to the State's regulations on establishing, managing, and using the Internet.

2. Shall be liable under the law for the content of information introduced into and transmitted from their computer systems;

3. When discovering illegal sources of information infiltrating Vietnam or detecting violations of the law in the use of the Internet, they must immediately report to the competent state agencies for handling;

Chapter 3:
PROTECTION OF OIL AND GAS SAFETY

Article 13. Organizations and individuals conducting oil and gas activities in Vietnam shall ensure safety for oil and gas operations, facilities, means, and equipment in accordance with this Decree's provisions, comply with the management regulations on safety in oil and gas activities, and relevant legal provisions of Vietnam to protect human lives and health, property, and the environment;

Article 14. Organizations and individuals conducting oil and gas activities in Vietnam shall have the responsibility to:

1. Establish and maintain a system for managing safety work, ensuring effective control over risks throughout the entire operation process from design, construction, trial run, operation, exploitation, and decommissioning of facilities;

2. Establish and maintain an emergency response system and apply necessary measures when fires, explosions, accidents, or incidents occur;

3. Develop an emergency response plan consistent with the national emergency response system, organize regular training and periodic drills according to the plan;

4. Fully implement plans for environmental protection and measures to prevent pollution and mitigate consequences caused by environmental pollution incidents;

Article 15.

1. Workers when working at oil and gas facilities, means, and equipment must be trained and instructed in appropriate safety knowledge and skills in accordance with regulations and requirements for assigned tasks; be equipped with full labor protective equipment;

2. During work, workers must comply with fire prevention, firefighting, and occupational health and safety regulations; protect their health and lives and ensure the safety of oil and gas facilities, means, and equipment;

3. Visitors coming to work or tour oil and gas agencies and enterprises must strictly adhere to internal rules and regulations regarding entry, work, and tours as required and guided by the oil and gas agencies and enterprises to ensure security and safety for oil and gas activities, facilities, means, and equipment;

Article 16.

1. At oil and gas offices, enterprises, and facilities, means, and equipment, there must be suitable forces to ensure office, enterprise, and facility safety; prevent fires and explosions, and respond to incidents; 2. Security and safety forces must have adequate conditions in terms of quality, professional expertise, and be equipped with necessary tools to ensure completion of the task of protecting oil and gas security and safety within their scope of responsibility;

3. In the safety zone, it is strictly prohibited to construct facilities, plant perennial trees, use open flames, heat-producing devices, fire-producing devices, and other activities that may harm oil and gas facilities;

Article 17.

4. If the safety zone needs to be used for special purposes such as security, defense, or other special purposes, permission from the competent state agency is required, and measures to ensure the safety of oil and gas facilities must be implemented;

1. Onshore oil and gas facilities must establish a safety zone and publicly disseminate regulations on protecting the safety zone so that everyone can recognize and comply with them;

2. Within the safety zone, it is strictly prohibited to construct facilities, plant perennial trees, use open flames, heat-producing devices, fire-producing devices, and other activities that may harm oil and gas facilities;

3. In cases where the safety zone needs to be used for special purposes such as security, defense, or other special purposes, permission from the competent state agency is required, and measures to ensure the safety of oil and gas facilities must be implemented;

Article 18.

4. The safety zone around onshore oil and gas facilities is defined by the competent state agency based on the proposal of the Vietnam Oil and Gas Corporation;

1. Strictly prohibit organizations and individuals without responsibility from entering or conducting any activities in the safety zones of offshore oil and gas facilities, except in special cases approved by the Prime Minister;

2. The safety zone distance for offshore oil and gas facilities is 500 meters or more measured from the outer edge of the facility or from the mooring position for floating units;

3. Within two nautical miles from the outer edge of offshore oil and gas facilities, vessels without assigned tasks are not allowed to anchor;

Chapter 4:
4. The coordinates of the safety zones surrounding offshore oil and gas activities and facilities are announced by the Vietnamese maritime authority based on the proposal of the Vietnam Oil and Gas Corporation;

Article 19. The Government shall uniformly manage the State affairs concerning the protection of oil and gas security and safety. Ministries and sectors shall perform their functions in managing State affairs concerning the protection of oil and gas security and safety according to their respective responsibilities and authorities;

Article 20. The Ministry of Public Security shall be responsible for:

1. Drafting and submitting to the Government and the Prime Minister for promulgation or promulgating within its authority normative legal documents to guide the implementation of this Decree and administrative violation handling regulations in oil and gas activities;

2. Directing related public security units to guide and coordinate with the Vietnam Oil and Gas Corporation to organize preventive, detection, prevention, and handling of violations of laws on oil and gas security and safety;

3. Guiding and directing the Vietnam Oil and Gas Corporation and related sectors to carry out fire prevention and safety protection work in oil and gas activities; arranging forces and coordinating timely rescue when fires, explosions, or incidents occur at oil and gas facilities;

4. Directing and coordinating with the Vietnam Oil and Gas Corporation to build mass movements for national security protection and organizing security forces at grassroots units engaged in oil and gas activities and oil and gas facilities;

Article 21. The Ministry of National Defense shall be responsible for:

1. Directing subordinate functional forces, coordinating with public security forces and the Vietnam Oil and Gas Corporation to protect the security and safety of oil and gas activities and facilities; participating in patrol, inspection, supervision, temporary detention of persons and means, and handling violations of oil and gas security and safety within their authority; participating in search and rescue, incident mitigation, and environmental protection activities;

2. Guiding and coordinating with the Vietnam Oil and Gas Corporation to develop plans to protect key offshore oil and gas facilities.

Article 22. On the basis of the nature and requirements for the protection of certain oil and gas facilities on land or at sea, upon the proposal of Vietnam Oil and Gas Corporation, the Ministry of Public Security and the Ministry of National Defense shall organize security forces to protect oil and gas security and safety. The organization and form of participation in protection shall be guided by the Minister of Public Security and the Minister of National Defense through a Joint Circular.

Article 23. The Ministry of Fisheries, provincial People's Committees along the coast shall direct the Fisheries Departments, Fishery Resource Protection Sub-Departments, coordinate with Border Guard Forces and Coast Guard Forces to organize propaganda and education for fishermen to understand regulations on protecting oil and gas security and safety, and prevent vessels without assigned tasks from infringing upon the safe zones of oil and gas facilities.

Article 24. The Ministry of Transport, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Science and Technology, the Ministry of Fisheries, the Ministry of Health, the Ministry of Labor, Invalids and Social Affairs, the National Committee for Search and Rescue, and provincial People's Committees shall develop plans to mobilize human resources and material means to cooperate in participating in rescue operations and handling incidents, fires, and accidents occurring during oil and gas activities and on oil and gas facilities, equipment within their respective jurisdictions.

Article 25. Vietnam Oil and Gas Corporation shall have the responsibility:

1. To build mass movements for national security protection within its agencies and enterprises; implement internal security protection work for agencies and enterprises; protect state assets; prevent various types of crimes and prevent incidents, fires, and accidents;

2. To coordinate with relevant ministries, sectors, local authorities where oil and gas activities take place to educate citizens to participate in oil and gas security and safety protection;

3. To establish specialized and semi-specialized security and safety forces in accordance with legal provisions to promptly respond to incidents and equip necessary means to meet the task of protecting oil and gas security and safety;

4. To lead and coordinate with relevant ministries, sectors, and localities to summarize and draw lessons from oil and gas security and safety protection work; propose solutions to improve the effectiveness of oil and gas security and safety protection work in line with specific conditions.

Article 26. Central and local information and press agencies and related sectors shall have the responsibility to publicize and educate compliance with regulations on oil and gas security and safety.

Article 27. Organizations and individuals conducting oil and gas activities and responsible forces participating in oil and gas security and safety protection must ensure smooth and timely communication and strictly comply with reporting systems regarding the situation and oil and gas security and safety protection work as prescribed.

Chapter 5:
INSPECTION, REWARD AND VIOLATION HANDLING

Article 28Ministries and sectors with state management functions in the field of oil and gas security and safety shall have the responsibility to inspect and supervise the activities of domestic and foreign organizations and individuals conducting oil and gas activities to ensure compliance with laws and state regulations on oil and gas security and safety.

Article 29. Organizations and individuals conducting oil and gas activities shall be subject to inspection and supervision by competent state agencies regarding compliance with laws on oil and gas security and safety and related laws on inspection and supervision.

Article 30. Organizations and individuals who achieve outstanding results in protecting oil and gas security and safety, or who contribute to detecting and preventing violations of oil and gas security and safety, thereby reducing losses to personnel, property, and oil and gas facilities, shall be rewarded according to legal provisions.

Organizations and individuals violating this Decree and other relevant regulations concerning oil and gas security and safety shall be subject to administrative penalties depending on the nature and severity of the violation. Individuals whose actions constitute criminal offenses shall be criminally prosecuted; if damage is caused, they must compensate according to legal provisions.

Chapter 6:
IMPLEMENTING PROVISIONS

Article 31. This Decree shall take effect fifteen days from the date of signature. The Ministry of Public Security, the Ministry of National Defense, and relevant state management agencies shall be responsible for guiding the implementation of this Decree within the scope of their functions and powers.

Article 32. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, Chairmen of the Board of Directors, and General Directors of Vietnam Oil and Gas Corporation shall be responsible for implementing this Decree.