Decree No. 13/2011/NĐ-CP on Safety of Onshore Oil and Gas Installations

DECREE

On safety of onshore oil and gas facilities

THE GOVERNMENT

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

Pursuant to the Fire Prevention and Fighting Law 2001;

Pursuant to the Oil and Gas Law July 6, 1993; the Law Amending and Supplementing Certain Provisions of the Oil and Gas Law June 9, 2000; the Law Amending and Supplementing Certain Provisions of the Oil and Gas Law June 3, 2008;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the safety of onshore oil and gas facilities (hereinafter referred to as oil and gas facilities), including islands, port areas, rivers, streams but excluding offshore oil and gas facilities to ensure safety for people, society, environment, and property.

2. This Decree applies to agencies, organizations, individuals of Vietnam and foreign organizations and individuals in Vietnam that have activities related to oil and gas facilities.

Article 2. Interpretation of Terms

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

1. Onshore oil and gas facilities include: oil and petroleum product facilities; oil refining and petrochemical plants; gas facilities; exploration and production facilities and other facilities directly related to onshore oil and gas activities.

3. Oil and petroleum products (O&PP) facilities include: export and import ports, storage tanks, and pipeline systems for crude oil, gasoline, diesel fuel (DO), fuel oil (FO), kerosene, aviation fuel, reformate, naptha, condensate, and other petroleum-based products blended with biofuels.

4. Oil refining and petrochemical plants are facilities implementing technological processes to refine crude oil and other raw materials to produce petroleum and petrochemical products, including: plants, auxiliary facilities, storage tanks and reservoirs for raw materials and products, pipeline systems for transport, export, and import, breakwaters, and marine structures related to the plant.

5. Horizontal directional drilling (HDD) pipeline is a pipeline transporting gas, oil, and petroleum products installed underground using horizontal directional drilling methods.

6. Flying funnel: is the airspace limited by obstacles at both ends of the runway to ensure aircraft safety during takeoff and landing.

7. Operator is an organization or individual responsible for operating oil and gas facilities.

Organizations and individuals shall determine the minimum permissible safety distance on plan view or profile view from the outermost edge of the oil and gas facility to the nearest point of adjacent objects to ensure the safety of the oil and gas facility.

Organizations and individuals may use risk criteria to analyze and assess overall risks during the conceptual design, technical design, construction, installation of equipment, operation, modification, dismantling, and decommissioning phases of the facility.

Article 5. Classification of Residential Areas

1. Requirements for the design, construction, and operation of pipelines must be based on the classification of residential areas determined according to the average population density, specifically as follows:

a) The area for calculating average density is a rectangle with two sides parallel to the pipeline route, each side being 200 meters away from the pipeline edges, and two perpendicular sides 1000 meters apart. Each such area is called a basic unit area.

b) The basis for calculating population is the number of houses occupied within the aforementioned area. Each house does not exceed one family living there and has no more than two floors.

c) If there are apartment buildings, twin or quadruplet houses, houses with three or more floors, etc., the total number of households living in the house must be counted, with each household considered as one house.

d) For areas with collective housing, factories, enterprises, offices, etc., the number of people permanently living or working there must be converted into equivalent household numbers. One household is calculated as four people.

2. Organizations and individuals shall classify residential areas according to the provisions in Appendix I of this Decree.

Article 6. Classification of Oil and Gas Facilities

Organizations and individuals shall determine safety distances for oil and gas facilities according to the following classifications:

1. Warehouse Classification

Warehouses storing oil and gas products include:

b) Warehouses storing O&PP.

2. Warehouse Grading

Grade 1: over 10,000 m³

Grade 2: from 5,000 m³ to 10,000 m³

Grade 3: less than 5,000 m³

b) Warehouses storing O&PP include:

Grade 1: over 10,000 m³

Grade 2: from 50,000 m³ to 100,000 m³

Grade 3: less than 50,000 m³

a) Ports are graded according to the type of product received at the port and the port's cargo handling capacity, including:

Port Grade 1: products with a flash point temperature equal to or lower than 37.8⁰°C (LPG, LNG, CNG, various types of gasoline, aviation fuel, condensate, etc.) and capable of receiving ships with a deadweight tonnage (DWT) exceeding 50,000 tons.

Port Grade 2: products with a flash point temperature equal to or lower than 37.8⁰°C (LPG, LNG, CNG, various types of gasoline, aviation fuel, condensate, etc.) and capable of receiving ships with a DWT of 50,000 tons or less.

Port Grade 3: products with a flash point temperature higher than 37.8⁰°C (kerosene, diesel, fuel oil, lubricating oil, etc.) and capable of receiving ships with a DWT exceeding 50,000 tons.

Port Grade 4: products with a flash point temperature higher than 37.8⁰°C (kerosene, diesel, fuel oil, lubricating oil, etc.) and capable of receiving ships with a DWT of 50,000 tons or less.

b) In cases where a port handles multiple types of products simultaneously, the port grade is determined based on the product with the lowest flash point temperature.

4. Pipeline Classification

Pipelines transporting oil and gas and their products include:

a) Pipelines transporting gas and gas products;

b) Pipelines transporting O&PP.

a) Class 1 gas transportation pipeline: 60 bar or higher;

b) Class 2 gas transportation pipeline: from 19 bar to less than 60 bar;

c) Class 3 gas transportation pipeline: from 7 bar to less than 19 bar;

d) Class 4 gas transportation pipeline: from 2 bar to less than 7 bar;

e) Class 5 gas transportation pipeline: less than 2 bar.

6. Classification of DM&SPDM transportation pipelines: DM&SPDM transportation pipelines are classified based on the maximum allowable operating pressure, including:

a) Class 1 transportation pipeline: 60 bar or higher;

b) Class 2 transportation pipeline: from 19 bar to less than 60 bar;

c) Class 3 transportation pipeline: less than 19 bar.

Valve stations, launcher/receiver stations, and gas distribution stations are classified according to the maximum allowable operating pressure as follows:

a) Class 1 station: 60 bar or higher;

b) Class 2 station: from 19 bar to less than 60 bar;

c) Class 3 station: less than 19 bar.

8. Classification of gas processing/treatment plants:

a) Special class: capacity > 10 million m³/day;³ cubic meters/day;

b) Class I: capacity from 5 to 10 million m³/day;³ cubic meters/day;

c) Class II: processing capacity < 5 million cubic meters;³ c) Class II: capacity < 5 million m³/day.

9. Classification of oil refining plants:

a) Special class: crude oil processing capacity > 500 thousand barrels/day;

b) Class I: crude oil processing capacity from 300 thousand to 500 thousand barrels/day;

b) Class I: crude oil processing capacity from 300 thousand to 500 thousand barrels/day;

d) Class III: crude oil processing capacity < 100 thousand barrels/day.

Organizations and individuals must determine adjacent objects to petroleum facilities including:

d) Class III: crude oil processing capacity < 100 thousand barrels/day.

Article 7. Adjacent objects to oil and gas facilities:

Organizations and individuals shall determine adjacent objects to oil and gas facilities, including:

1. Residential areas:

a) Residential areas are classified based on the average housing density as stipulated in Appendix I issued together with this Decree.

b) Schools, hospitals, theaters, shopping centers, supermarkets, or concentrated markets.

2. Concentrated industrial zones with defined boundary limits:

a) The boundary wall of the industrial zone;

b) Roads, drainage and water supply facilities within the concentrated industrial zone, installed parallel to the pipeline or the boundaries of other oil and gas facilities.

3. Independent factories, enterprises, industrial and agricultural production facilities.

4. Exploration and mining areas for mineral resources (measured from the outermost boundary of the area).

5. Transportation facilities:

a) Roads running parallel to the boundary of oil and gas facilities; road tunnels;

b) Railways running parallel to the boundary of oil and gas facilities;

c) Airports (measured from the boundary of the flight path);

d) Seaports, river ports; ferry terminals;

e) Export/import terminals.

6. Electrical facilities:

a) Hydroelectric power plants;

b) Thermal power plants;

c) High-voltage cable networks or national power grids (measured from the safety corridor boundary of the power grid); electric poles, substations;

d) Other electrical facilities.

7. Water supply facilities; dams, irrigation stations, river dikes, sea dikes; irrigation canals running parallel to oil and gas facilities.

8. Storage facilities for DM&SPDM and other flammable/explosive materials.

9. Gas processing and treatment plants, gas distribution stations, valve stations, launcher/receiver stations.

10. Livestock farms, poultry farms, aquaculture farms, plantations, concentrated grain storage areas.

11. Forests (coniferous, reed, broadleaf).

12. National cultural heritage sites, nature reserves, national parks, historical and cultural relic sites, natural heritage sites, scenic spots, tourist areas, and other public facilities.

Chapter II
13. Telecommunication towers, radio towers.

14. Underground communication cables, power cables, water supply and drainage pipelines.15. Other facilities.

Article 8. Principles for Ensuring Safety for Oil and Gas Exploration, Development Projects and Supporting Facilities

2. In cases where safe distances are required for security, defense purposes or other special purposes, the Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to study and propose to the Government Prime Minister for consideration and decision.

Article 9. Establishing Safe Distances

1. Organizations and individuals conducting oil and gas exploration, development activities and constructing supporting facilities must establish safe distances and publicize safety protection regulations in such a way that organizations and individuals can recognize and comply with them.

2. Organizations and individuals conducting oil and gas exploration, development activities and constructing supporting facilities must prepare a quantitative risk assessment report to serve as the basis for determining safe distances and submit it to the Ministry of Industry and Trade for review and approval of the risk assessment results and determination of safe distances for these facilities.

Chapter III
SAFETY OF GAS FACILITIES

Article 10. Provisions on Distance Between Pipelines

1. The minimum distance between two pipelines is the distance on the horizontal projection between the closest edges of the two pipes, including:

a) Two buried pipelines running parallel;

b) Two pipelines running parallel, one of which is buried and the other is above ground;

f) For intersecting pipelines, the safe distance is determined based on vertical projection.

2. The safe distance between pipelines is specified in Appendix II attached to this Decree.

Organizations and individuals determine the safe distance of gas transport pipelines crossing adjacent objects according to the provisions in Appendix II attached to this Decree.

Article 12. Ensuring Pipeline Safety Within Power Grid Corridors

For pipelines within power grid corridors, organizations and individuals must comply with electricity laws to ensure pipeline safety.

Article 13. Safe Distance from the Top of the Pipe to Other Structures Based on Vertical Projection for Pipelines Constructed Using Directional Drilling Method

Organizations and individuals determine the safe distance from the top of the pipe to other structures for pipelines constructed using directional drilling method as specified in Appendix II attached to this Decree.

Clause 1. Organizations and individuals shall determine the safe distance from processing plants, pressure-stored gas storage tanks, gas products, and ports for importing and exporting gas products, distribution stations, valve stations, injection and receiving stations in accordance with Appendix II issued together with this Decree.

Clause 2. For cold storage tanks containing gas, organizations and individuals shall establish the safe distance based on the quantitative risk assessment results and submit the quantitative risk assessment results and the determination of the safe distance for these facilities to the Ministry of Industry and Trade for review and approval.

In cases where the entire or part of the pipeline transporting gas is laid above ground, organizations and individuals shall apply the corresponding safe distance for that above-ground section and implement enhanced technical measures as prescribed in Article 24 of this Decree.

Chapter IV
SAFETY OF OIL FIELD FACILITIES AND OIL PRODUCTS

AND OIL FIELD PRODUCTS

Clause 1. Organizations and individuals shall determine the safe distance from warehouses and ports for importing and exporting oil and oil products in accordance with Table 1 and Table 3 of Appendix II issued together with this Decree.

Clause 2. For ports capable of receiving ships with a carrying capacity of 50,000 DWT or more operating international routes, organizations and individuals must comply with the provisions of the International Maritime Law on ship and port security as stipulated in Decision No. 191/2003/QĐ-TTg dated September 16, 2003 of the Government Prime Minister.

Article 17. Provisions on the distance between two pipelines transporting oil and oil products

The distance between two parallel and adjacent pipelines running along the same route is the distance measured horizontally between the outer surfaces of the adjacent pipelines and must be determined according to design standards.

Article 18. Ensuring safety of pipelines transporting oil and oil products within power grid corridors

Within the power grid safety corridor, organizations and individuals constructing pipelines transporting oil and oil products must comply with the laws on electricity to ensure the safety of the pipelines.

Clause 2. In cases where multiple pipelines are constructed along the same route, organizations and individuals shall determine the safe distance for the route according to a plan that satisfies the safe distance requirements for all pipelines on the route.

In cases where the entire or part of the pipeline transporting oil and oil products is laid above ground, organizations and individuals shall determine the corresponding safe distance for that above-ground section and implement enhanced technical measures as prescribed in Article 24 of this Decree.

Chapter V
ENSURING SAFETY OF PROCESSING PLANTS,

REFINERIES AND PETROCHEMICAL PLANTS

Clause 1. Organizations and individuals shall determine the safe distance from the plant area as 30 meters from the base of the retaining wall; areas without retaining walls are calculated from the base of the fence.

Clause 2. For the safe distance from processing plants, refineries, and petrochemical plants to adjacent objects not covered by Clause 1 of this Article, organizations and individuals shall follow the provisions of Appendix II issued together with this Decree.

Article 22. Related items of processing plants and oil refineries

The safe distance for related items of processing plants and oil refineries shall be implemented according to the provisions set out in Appendix II accompanying this Decree.

Article 23. Fire and explosion prevention work

1. Oil and gas structures must be designed, constructed, operated, and repaired in accordance with national technical standards, national standards, foreign standards, regional standards, international standards, and not contrary to Vietnamese laws to ensure the prevention and control of fire and explosion hazards.

2. Organizations and individuals must develop emergency response plans, provide sufficient human resources to implement them, and establish regular drill plans in compliance with legal regulations.

3. Organizations and individuals must equip all fire-fighting equipment meeting national standards, foreign standards, and international standards. Such equipment must be suitable for the types of flammable materials present in the structure.

Article 24. Enhanced safety technical measures for oil and gas structures

1. For storage tanks: apply technical solutions to minimize hydrocarbon vapor emissions (closed loading and unloading; floating roof; thermal reflective coating on tanks; vapor recovery systems), and control oily wastewater; use fire-resistant walls, oil spill containment ditches, and fire spread prevention systems; install automatic fire detection and effective firefighting systems; construct secondary barriers and patrol paths around the tank area, and other measures.

2. For ports: install mooring buoys and night lights; equip rescue equipment and have oil spill response plans; install and apply automatic ship docking guidance systems; automatic firefighting systems, and other safety measures.

3. For pipelines: increase pipe wall thickness; deepen pipeline burial depth; enhance pipe coatings, concrete encasement, or automatic systems, shut-off valves, strengthen safety devices, and other safety measures.

Article 26. Design requirements for oil and gas structures

Organizations and individuals must apply enhanced technical measures to increase the level of safety for oil and gas projects including:

1. Organizations and individuals designing oil and gas structures must comply with the design, installation, operation, and related safety requirements specified in national technical standards and national standards for each type of oil and gas structure. In cases where there are no national technical standards or national standards, organizations and individuals may apply all or part of foreign standards or international standards.

2. Reducing the safe distance from oil and gas structures to adjacent objects as stipulated in Appendix III accompanying this Decree must be implemented through enhanced safety technical measures appropriate to the type of structure as prescribed in Article 24 of this Decree.

3. Organizations and individuals constructing pipelines for transporting natural gas, condensate, and liquefied petroleum gas must comply with the following regulations:

Organizations and individuals assessing risks for oil and gas facilities shall comply with the regulations set forth in the Safety Management Regulations for Oil and Gas Activities issued pursuant to Decision No. 41/1999/QĐ-TTg dated March 8, 1999 of the Prime Minister.

a) Pipe wall thickness must be determined according to current design standards;

c) New pipeline construction parallel or crossing existing operational natural gas, condensate, and liquefied petroleum gas pipelines must ensure that safety levels are not reduced and require prior agreement with the owner of the operational pipeline before new installation;

3. Organizations and individuals constructing pipelines for transporting gas, oil field gas and associated petroleum gas must comply with the following provisions:

a) The thickness of the pipeline wall must be determined according to current design standards;

c) Designing and constructing new parallel or intersecting pipelines with existing gas transportation pipelines, oil field gas and associated petroleum gas pipelines must ensure that safety levels are not reduced and must have prior agreement with the investor of the operational petroleum pipeline before installing the new pipeline;

Petroleum facilities subject to regulation but not classified in this Decree must be approved by the competent state management agency for design and construction permit before commencement of construction.

Article 27. Provisions on the construction and installation of oil and gas projects

1. Organizations and individuals constructing oil and gas projects are permitted to commence operations when the safe distance has been established according to this Decree, except in cases of urgent emergency response.

2. The project sponsor of oil and gas projects shall be responsible for developing a construction plan, safety measures to prevent fires and explosions, and environmental protection plans during the construction process, which must be submitted to the competent state management agency for review and approval in accordance with the law before implementation.

3. Organizations and individuals carrying out construction and installation, and the project sponsors shall be responsible for fully complying with the legal provisions on ensuring safety at each stage of the construction process, acceptance testing, and trial operation of the project.

4. The project sponsor has the right to request the competent state authority to allocate land for the project and implement compensation and land clearance in accordance with the law. The project sponsor and organizations and individuals installing the project may lease land from land users to construct pipelines for transporting oil and gas in accordance with the law; upon completion of installation, the project sponsor shall be responsible for returning the leased land to the land user as agreed.

Article 28. Provisions on the operation, maintenance, and repair of oil and gas projects

1. The project sponsor shall be responsible for notifying the competent state authorities about the personnel operating the oil and gas project.

2. The operator of the project must develop operational procedures, internal rules, inspection, supervision, maintenance plans, emergency response plans, fire prevention and firefighting measures, and environmental protection measures during the operation, renovation, and repair of oil and gas projects, which must be submitted to the project sponsor for approval.

3. The operator of the project must conduct periodic inspections and evaluations of the condition of the oil and gas project not more than once every five years. Ensure that the operating pressure of the pipeline for transporting oil and gas does not exceed the maximum allowable operating pressure as approved in the design.

4. The operator of the project must store information and data on operations, accidents, incidents, losses, as well as information on surveys, repairs, patrols, technical inspection results, violation handling documents, and remedial measures for oil and gas projects.

5. The operator of the project is responsible for reporting to relevant agencies about all accidents and incidents in accordance with the law and is responsible for mitigating consequences and restoring the operation of the project.

6. The project sponsor of the pipeline for transporting oil and gas has the right to lease strips of land to install various markers, signs, signals, corrosion-resistant columns, etc., during pipeline operation or to lease additional land (if necessary) for maintenance and repair work. The land lease must be documented in writing.

Within the safe distance around oil and gas facilities, the following activities that pose direct or indirect risks to the operation and safety of oil and gas facilities are strictly prohibited:

Article 30. Signs and Signals

1. The project sponsor of oil and gas projects must place prohibition signs and warning signs in accordance with current standards and specifications.

2. Along the route of underground pipelines transporting oil and gas products, the project sponsor must place markers or identification signs.

Warning signs, notice boards, caution signs, markers, and identification marks must be placed in visible locations, written in Vietnamese, in uppercase letters, clearly and legibly, and must include the name of the authority, address, and emergency contact number.

Chapter VII
RESPONSIBILITIES FOR SAFETY OF OIL AND GAS FACILITIES

Article 31. Responsibilities of Ministries and Equivalent Ministries for State Management

1. Responsibilities of the Ministry of Industry and Trade for State Management

a) Issuing legal normative documents and regulations to ensure the safety of oil and gas facilities;

b) Managing, reviewing, and approving risk assessment reports for oil and gas facilities;

c) Organizing the dissemination, education, and guidance on legal matters related to the safety of oil and gas facilities;

d) Leading and coordinating with relevant ministries and sectors to develop and issue national technical standards for safety and environmental protection of oil and gas facilities; organizing the drafting of national standards for design, construction, operation, maintenance, and repair of oil and gas facilities, and stipulating the application of foreign and international standards when necessary.

2. Responsibilities of the Ministry of Public Security for State Management

a) Uniformly managing state security, public order, and safety for oil and gas facilities on land nationwide. Coordinating with relevant ministries and sectors to develop fire prevention and firefighting safety standards for oil and gas facilities on land. Directing and guiding police forces at all levels to inspect and audit compliance with regulations on security, safety, and fire prevention and firefighting for oil and gas facilities according to current regulations;

b) Guiding the organization of training and instruction for staff working in production and business establishments, etc., related to oil and gas facilities on fire prevention and firefighting, security, and public order according to legal provisions;

c) Implementing emergency responses and resolving urgent situations regarding security and safety according to legal provisions.

3. Responsibilities of the Ministry of National Defense for State Management

The Ministry of National Defense is responsible for guiding and coordinating with project sponsors in patrolling and protecting oil and gas pipelines at ports, border gates, marine pipelines, and implementing emergency response plans according to legal provisions.

4. Responsibilities of the Ministry of Science and Technology for State Management

Organizing the review of draft national technical standards, reviewing and announcing national standards related to the fields of design, construction, operation, maintenance, and repair of oil and gas facilities.

5. Responsibilities of the Ministry of Transport for State Management

Issuing legal normative documents to guide the assurance of safety for oil and gas facilities on land related to seaports and transportation.

Article 32. Responsibilities of the People's Committees of Provinces and Central Cities

1. Direct and coordinate with the investors of oil and gas projects in organizing the dissemination and popularization of laws, enhancing awareness of responsibility for the safety of oil and gas projects.

2. Prevent and promptly handle violations of regulations ensuring the safety of oil and gas projects, immediately notify the project investors and related organizations and individuals to take measures to remedy the situation.

3. Chair the resolution of permitting construction at intersecting points between oil and gas projects and other projects if the investors cannot reach mutual agreement.

4. In areas where the safety zone of an oil and gas project overlaps with the safety zones of transportation projects, border guard control areas, customs areas, and other areas, the provincial People's Committee shall coordinate with relevant agencies and stipulate the appropriate use, ensuring land or water safety within the safety zone of the oil and gas project.

5. Direct and coordinate with the investors of oil and gas projects to prevent, rescue, and remedy incidents when such incidents occur in oil and gas projects.

6. Assist and create favorable conditions for project investors in leasing land for installation, operation, maintenance, and repair of oil and gas projects on land.

7. Notify and require adjacent project investors to contact the management agency of the oil and gas project to unify design and safety measures before issuing a construction permit.

Article 33. Responsibilities of Project Investors

1. When constructing pipeline projects that cross existing projects, the investor must have a suitable design plan and construction methods at the crossing area, meeting necessary standards to ensure safety for both existing projects and pipelines during operation, and obtain approval from the existing project investor prior to construction at the crossing area. If the design plan and construction methods at the crossing area are suitable but still not approved by the existing project investor, the project investor shall report to the provincial People's Committee for consideration and resolution.

2. The investor of an oil and gas project is responsible for establishing a safety management system in accordance with the law, being accountable for ensuring safety for people, the environment, and assets during the operation of the oil and gas project, coordinating with all levels of People's Committees, police forces, and related agencies in inspecting, urging implementation, and handling violations of regulations concerning the safety of oil and gas projects.

3. Report and register the activities of oil and gas projects in accordance with the law, unify with related parties regarding the work of ensuring the safety of oil and gas projects.

4. Coordinate with local authorities and police forces to educate the public about protecting the safety of oil and gas projects.

5. Provide information about plans for new construction, expansion, and renovation of oil and gas projects to related parties to coordinate in ensuring security and overall safety.

6. The investor of an oil and gas project is responsible for monitoring and supervising all activities conducted within the safety zone and regularly surveying affected areas; simultaneously coordinating with local authorities, police forces, and related agencies to inspect, protect, and urge the implementation of measures to address violations of regulations concerning the safety of oil and gas projects.

7. The investor of an oil and gas project is responsible for organizing protection, patrolling, preventing, and promptly reporting to competent state agencies about issues related to activities and the use of land and airspace within the safety zone and areas affecting the safety of oil and gas projects.

Article 34. Responsibilities of investors of projects adjacent to oil and gas facilities

1. When constructing railway, road, water channel, underground cable, water supply and drainage pipeline projects, and other projects crossing through the safety zones of existing oil and gas facilities, the investor of such project must have a design plan and construction measures approved by the investor of the existing oil and gas facility for the cross-over area.

2. During the construction of cross-over projects within the safety zones of oil and gas facilities, the investor shall ensure the safety of the oil and gas facilities in accordance with the provisions of the law, and cooperate with the investor of the oil and gas facility to implement safety measures.

3. Provide full and timely notification to competent authorities and the investor of the oil and gas facility regarding any potential risks that may affect the safety of the oil and gas facilities.

4. Before commencing construction, a fire prevention and firefighting plan must be developed and approved by the competent state authority.

5. During the construction process, the safety of the oil and gas facilities must be ensured; cooperate with the investor of the oil and gas facility to implement safety measures.

6. Investors of projects adjacent to oil and gas facilities are responsible for compensating for any damage caused to the oil and gas facilities in accordance with the provisions of the law.

Article 35. Responsibilities of land users with oil and gas pipelines passing through their land

1. Cooperate with the investor of the oil and gas facility in compensation and land clearance or leasing during the construction, operation, and maintenance of the project.

2. Commit to and implement measures to ensure the safety of the oil and gas facility on the portion of land under their use.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree takes effect from April 5, 2011.

2. This Decree replaces Decree No. 10/CP dated February 17, 1993 of the Government on the issuance of regulations on the protection of the safety of petroleum facilities; and Decree No. 47/1999/NĐ-CP dated July 5, 1999 on amending and supplementing regulations on the protection of the safety of petroleum facilities, issued together with Decree No. 10/CP dated February 17, 1993. Any conflicting legal provisions are hereby abolished.

Article 37. Responsibility for Implementation

1. The Ministry of Industry and Trade is responsible for guiding the implementation of this Decree.

2. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of provinces and centrally-run cities are responsible for implementing this Decree./.