Decision No. 103/2005/QĐ-TTg On the Issuance of the Regulation on Oil Spill Response Activities

DECISION OF THE PRIME MINISTER

Issuing the Regulation on Oil Spill Response Activities

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Environmental Protection Law dated December 27, 1993;

Pursuant to Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection;

To implement the National Plan for Oil Spill Response for the period 2001-2010;

Considering the proposal of the National Committee for Search and Rescue,

DECISION:

Article 1. This Decision promulgates the Regulation on Oil Spill Response Activities.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities and related organizations and individuals are responsible for implementing this Decision.

REGULATIONS

Oil Spill Response Activities

(Annexed to Decision No. 103/2005/QĐ-TTg dated May 12, 2005)
of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

Article 1. This Regulation stipulates the contents of activities and responsibilities of organizations and individuals in responding to and mitigating the consequences of oil spills throughout the country.

Article 2. Organizations and individuals, both domestic and foreign, directly or indirectly causing oil spills within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam must comply with this Regulation. In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide different provisions, such treaties shall be applied.

Article 2. Definitions

In this Regulation, the following terms shall be understood as follows:

Article 3. "Oil and oil products" include:

a) Crude oil: oil extracted from oil fields without processing.

b) Refined oil: various types of processed oil such as gasoline, kerosene, aviation fuel, diesel oil (DO), heavy fuel oil (FO), and other lubricants, preservatives, and cooling oils.

c) Others: waste oil, bilge water from marine vessels, river vessels, floating structures, or from tank cleaning and vessel repair.

"Oil" in this Regulation refers to all the above types.

Article 4. "Oil spill incident" is the phenomenon of oil leaking into the natural environment from different containers due to technical failures, natural disasters, or human causes that cannot be controlled.

Article 5. "Oil spill response": refers to activities using manpower, equipment, and devices aimed at promptly handling, eliminating, or minimizing the source of oil spilled into the environment.

Article 6. "Mitigating the consequences of oil spills": refers to activities aimed at cleaning up land, water, and ecosystems affected by oil, and measures to limit damage, restore the ecological and environmental conditions after oil spills.

Article 7. "Facility": refers to agencies, units, and individuals having equipment or facilities that may cause or have the potential to cause oil spills.

Article 8. "Facility Manager": refers to the head of the agency or unit who bears full legal responsibility for the facility's activities.

Article 9. "On-site Commander": refers to the person assigned or designated to directly command all response activities at the site of the oil spill incident. The powers and responsibilities of the On-site Commander are specified in each facility, locality, or unit's oil spill response plan.

Article 10. "Severe oil spill incident": refers to incidents involving large volumes of oil spills over wide areas, affecting multiple provinces or cities, or occurring in dangerous areas, seriously threatening lives, property, the environment, and people's livelihoods.

Article 11. "Priority protection area": refers to concentrated residential areas; water sources for daily use and production; historical sites ranked; tourist, ecological areas; biosphere reserves; and concentrated aquaculture areas.

PART II
ORGANIZATION OF OIL SPILL RESPONSE

Article 3. Information and information processing in oil spill response

Article 12. Information and information reception points

Organizations, individuals, and facilities where oil spills occur or discover oil spills must report promptly to one of the following agencies:

a) The nearest port authority;

b) The search and rescue headquarters of relevant ministries, sectors, and localities;

c) Department of Natural Resources and Environment;

d) Regional Oil Spill Response Center;

e) Provincial People's Committee.

In addition to these reception points, when an oil spill occurs or is discovered, information can also be provided to any contact address such as coastal radio stations, district (city, town, city under province) People's Committees; units: Navy, Border Guard, Coast Guard, Maritime Police.

Article 13. Information processing:

a) After receiving information about an oil spill incident, the agencies mentioned in Clause 1 of this Article must immediately take response measures within their capacity, while promptly reporting and advising the provincial People's Committee, Regional Oil Spill Response Center, and National Committee for Search and Rescue to direct and coordinate responses.

b) Provide accurate and timely information so that agencies, units, and the public in affected areas can proactively prevent and participate in mitigating the consequences.

Article 4. 分级应对油污事故

根据油污事故的严重程度，应对组织和实施分为以下三个级别：

第一级：基层单位

a) 在基层单位发生的油污事故：基层单位负责人必须组织、指挥本单位或合同中的应急设备和人员及时进行应对。

b) 如果油污事故超出本单位的能力和资源范围，无法自行应对，基层单位应及时向主管部门和省级人民政府报告请求援助。发生油污事故的基层单位负责人负责现场指挥。

c) 在发生严重油污事故或在需要优先保护区域发生的油污事故的情况下，为及时应对，正在承担现场指挥责任的负责人可以调动必要的力量和设备立即进行应对，并同时向事故发生地的省级人民政府和国家搜救委员会报告以指导和协调应对。

第二级：区域级

a) In case of an oil spill incident that exceeds the response capacity of the facility or an oil spill incident that does not fall directly under the responsibility of the facility, such as cases caused by natural disasters, collisions, or oil drifting from other sources, the Chairman of the People's Committee of the province where the oil spill occurs shall be responsible for directly chairing or designating a site commander to organize the response according to the local plan, while being permitted to urgently mobilize necessary resources from other facilities, ministries, and agencies within the area, and from the Regional Oil Spill Response Center to respond to the incident.

b) The Provincial Flood Control, Storm Prevention, and Search and Rescue Command serves as the main coordinator assisting the Chairman of the People's Committee of the province in organizing the response to oil spill incidents.

3. National Level

a) In case of a particularly serious oil spill incident, the People's Committee of the province where the incident occurs shall promptly report to the National Search and Rescue Committee for direct guidance and coordination with relevant agencies to organize the response.

b) In case the oil spill incident exceeds the response capacity of domestic forces, the National Search and Rescue Committee shall recommend the Prime Minister to consider and decide on requesting international assistance.

During the organization of responses to oil spill incidents at the levels mentioned above, the site commander must proactively handle the situation, timely report the development of the incident, propose necessary recommendations to the competent authority, and be responsible for their decisions.

Article 5. Response to oil spill incidents more than 20 kilometers from shore.

1. For oil spill incidents occurring more than 20 kilometers from shore, the organization of the response and the site command shall be the responsibility of the Regional Oil Spill Response Center. The Vietnam Oil and Gas Corporation shall be responsible for responding to oil spill incidents at the facility level occurring in drilling, exploration, and production areas. If the oil spill exceeds its own response capacity, it must report to the Regional Oil Spill Response Center.

2. For oil spill incidents occurring over a wide area and exceeding the response capacity of the Regional Oil Spill Response Center, the National Search and Rescue Committee shall be responsible for directing and mobilizing forces, equipment, and means to coordinate the response.

Article 6. Combining response to oil spill incidents with fire prevention and explosion control.

Responding to oil spill incidents, especially those involving light components with high fire and explosion risks, occurring near the shore, in rivers, or on land, must pay particular attention to coordinating plans, organizing forces, and means to ensure fire prevention and explosion control and evacuate people from dangerous areas.

CHAPTER III
SETTLEMENT OF CONSEQUENCES OF OIL SPILL INCIDENTS

Article 7. Assessment, determination of damage, and compensation for damages

1. For oil spill incidents occurring within the territory of a province, the People's Committee of the province shall be responsible for coordinating with relevant agencies and the entity causing the oil spill incident to assess, determine damage, and settle compensation for damages.

2. For particularly serious oil spill incidents, the National Search and Rescue Committee shall be responsible for coordinating with the Ministry of Natural Resources and Environment, the People's Committee of the province, relevant agencies, and the entity causing the oil spill incident to assess, determine damage, and request the entity causing the oil spill to settle compensation for damages; in special cases, it may recommend the establishment of a State-level Appraisal Council, reporting to the Prime Minister for consideration and decision.

3. The costs for settling compensation for damages shall be paid by the insurance agency (if there is insurance participation) and from the financial resources of the entity causing the oil spill incident.

4. Compensation for damages includes: human lives and health; state and people's property; destruction of natural resources, ecological environment; mobilization of forces, means, and equipment to respond to oil spill incidents; surveying, assessing, determining damage; settling compensation procedures and remedying consequences.

5. The entity causing the oil spill incident, if it has signed an oil spill response service agreement with a service provider company or with the Regional Oil Spill Response Center, must pay according to the contract.

6. The settlement of compensation for damages should be carried out promptly and strictly, and professional consultancy, including international consultancy, can be hired when the entity causing the oil spill incident is a foreign legal person. In necessary cases, the People's Committee of the province where the incident occurs, and the National Search and Rescue Committee may coordinate and instruct competent authorities to apply measures prescribed by law to resolve consequences and compensate for damages resulting from the oil spill incident.

7. Ministries, sectors, provincial People's Committees, and management agencies of the entities causing the oil spill incident have the responsibility to direct the parties causing the oil spill incident to fully and promptly fulfill their liability for compensating damages in accordance with the provisions of the law.

PART IV
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
REGARDING OIL SPILL INCIDENTS

Article 8. Responsibilities of the entity causing the incident

1. Develop an oil spill response plan and submit it to the competent authority for approval. Proceed to conclude agreements and contracts for oil spill response services with appropriate agencies and units.

2. Be responsible for oil spill incidents caused by their own facility; actively and positively mobilize resources, organize and command timely and effective responses when an oil spill incident occurs.

4. Must bear the responsibility for compensating for damages caused by oil spill incidents in accordance with Article 7 of this Regulation.

5. Means and equipment capable of causing oil spill incidents must compulsorily participate in environmental pollution insurance corresponding to the risk of causing oil spills.

6. Ships subject to Regulation 26, Annex I of the International Convention on the Prevention of Pollution from Ships, which Vietnam is a member state, must have an approved oil pollution response plan.

Article 9. Responsibilities of the People's Committees of provinces and centrally governed cities (referred to collectively as provincial level)

1. The Chairman of the People's Committee of the province shall be responsible for organizing responses to oil spill incidents in accordance with Article 4 of this Regulation.

2. Provinces and centrally governed cities at the provincial level with a high risk of oil spill incidents, especially coastal areas with major rivers, large ports, upstream fuel storage systems, and petrochemical industrial zones, must develop their own oil spill response plans, submit them to the National Search and Rescue Committee for approval.

3. The Provincial People's Committee shall be responsible for approving the oil spill response plans of facilities within its jurisdiction; directing investigations, assessments, determining losses, completing legal documentation, and requiring the facility owner causing the oil spill to compensate for damages.

4. Timely report oil spills occurring within their management area; periodically report every six months and annually on the situation and results of implementing local oil spill response plans to the National Steering Committee for Search and Rescue.

Article 10. Responsibilities of the National Steering Committee for Search and Rescue

1. Take the lead in directing and organizing the implementation of the national oil spill response plan throughout the country.

2. Guide the development of oil spill response plans; take the lead and coordinate with the Ministry of Natural Resources and Environment and relevant ministries and sectors to review and approve provincial people's committees' and regional oil spill response centers' oil spill response plans; inspect and urge the implementation thereof.

3. Direct and mobilize forces and means from ministries, sectors, regional oil spill response centers, and localities to respond to oil spills according to the classification specified in Article 4 of this Regulation.

4. Direct the organization of specialized training and professional training for core, semi-professional, and part-time forces in oil spill response; organize drills, coordination, and cooperation among forces; publicize and educate the community about the risks and dangers of oil spills to proactively prevent and respond to them.

5. Direct the investigation and verification of oil spills upon request from ministries, sectors, localities, facility owners, or at the request of competent authorities; recommend measures to the Prime Minister and relevant state agencies to prevent and minimize damage caused by oil spills.

6. Coordinate with the competent authorities of related countries to handle oil spills occurring in adjacent waters or waterways; report to the Prime Minister if the matter exceeds their authority.

Article 11. Relevant Ministries and Sectors

1. In accordance with their functions, develop and promulgate legal normative documents on responding to and mitigating consequences of oil spills, and provide guidance on their implementation; approve oil spill response plans for facilities under their jurisdiction; coordinate with localities to inspect compliance by facility owners to prevent and minimize the likelihood of oil spills; ensure systems, policies, and benefits for organizations and individuals participating in oil spill response activities as stipulated by law.

2. Implement directives from the National Steering Committee for Search and Rescue regarding the implementation of the national oil spill response plan; promptly report oil spills within their ministry or sector's management scope; annually report on the implementation of the national oil spill response plan to the National Steering Committee for Search and Rescue.

Article 12. Responsibilities of Regional Oil Spill Response Centers

1. Serve as specialized core forces for responding to oil spills in their assigned areas; implement oil spill responses according to the classification and oil spill response contracts with facilities; be ready to mobilize nationwide to respond to oil spills as directed by the National Steering Committee for Search and Rescue.

2. Develop oil spill response plans and submit them to the National Steering Committee for Search and Rescue for review and approval.

3. Promptly report when oil spills occur and the results of their oil spill response tasks to the National Steering Committee for Search and Rescue.

Article 13. Responsibilities of Other Economic and Social Organizations

The State of Vietnam encourages and facilitates domestic and foreign organizations and individuals to participate in investing in infrastructure and equipment serving oil spill response activities and environmental protection in Vietnam in accordance with the law, and to comply with mobilization requests from the National Steering Committee for Search and Rescue and local people's committees.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 14. Awards

Organizations and individuals who achieve outstanding results in implementing this Regulation will be rewarded according to general state regulations.

Article 15. Handling Violations

Organizations and individuals failing to fulfill responsibilities as prescribed in this Regulation shall be subject to disciplinary action, administrative violations, or criminal liability追究，根据违法行为的性质和程度。

Article 16. Implementation

The National Steering Committee for Search and Rescue, relevant ministries and sectors, provincial and municipal people's committees directly under the central government, and related agencies, organizations, and individuals have the responsibility to implement and organize the enforcement of this Regulation.

During the implementation process, the National Steering Committee for Search and Rescue shall promptly propose issues arising that require supplementation or amendment and report them to the Prime Minister for consideration and decision./.