Circular No. 2262/TT-MT on addressing oil spills incidents

CIRCULAR

Circular No. 2262/TT-MTG dated December 29, 1995 of the Ministry of Science, Technology, and Environment guiding the Minister of Science, Technology, and Environment on measures to address oil spills

Implementing the Environmental Protection Law adopted by the National Assembly on December 27, 1993 and Government Decree No. 175/CP dated October 18, 1994 guiding the implementation of the Environmental Protection Law;
Based on Government Decree No. 22/CP dated May 22, 1993 stipulating the tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment;
To meet the requirements for timely remediation and handling of increasing oil spill incidents nationwide, in line with current circumstances, while preparing for national comprehensive oil spill response activities;
The Ministry of Science, Technology, and Environment issues this Circular to guide the remediation and handling of oil spills related to exploration, exploitation, transportation, processing, distribution, and storage of petroleum and petroleum products;

I. GENERAL CONCEPTS:

1. Oil spills typically occur during exploration, exploitation, transportation, processing, distribution, and storage of petroleum and petroleum products. Examples include leaks, oil bursts, pipeline ruptures, tank ruptures, collisions causing ship hull breaches, ship sinkings, accidents at oil drilling platforms, petrochemical refining facilities, etc., leading to oil escaping into the environment, causing pollution, adverse impacts on ecology, and economic losses, particularly those related to the exploitation and utilization of aquatic resources;

2. An oil spill involving a natural release of several hundred liters or more can be considered an oil spill incident;

3. Depending on environmental conditions and weather at specific locations and times, the impact of oil on the environment varies. Priority areas for protection include sources of water for daily use and production, aquaculture zones, coastal rice fields, salt pans, mangrove forests, wetlands, seaweed beds, coral reefs, beaches within tourist areas, residential areas, and historical sites;

4. Preventing and addressing oil spills is a critical but complex and challenging task requiring rapid organization and coordination, along with the application of appropriate techniques;

5. When oil spills occur, they often result in severe environmental consequences, especially in rivers, river mouths, bays, and nearshore waters. Organizations and individuals living and operating along rivers and coastlines, such as fishing and aquaculture, marine tourism, salt-making, agriculture, etc., are directly affected economically and in their daily lives;

6. Seeking compensation for environmental damages caused by oil spills is an international practice and has been part of Vietnam's reality, but it is a complex legal issue, so claims for such damages must be pursued promptly yet cautiously;

II. TASKS TO BE PERFORMED WHEN AN OIL SPILL OCCURS:

Response activities to oil spills aim to prevent and minimize the amount of oil spreading into the environment, thereby reducing its negative impact on the environment, particularly on water sources, freshwater ecosystems, marine and coastal ecosystems, and mitigating both immediate and long-term economic losses;

When an oil spill occurs at any location on land, along the coast, or in territorial waters under the sovereignty and jurisdiction of the Socialist Republic of Vietnam, the following actions should be swiftly implemented:

1. Reporting work:

a. Organizations and individuals who discover signs of an oil spill must urgently report to local authorities and the Department of Science, Technology, and Environment (Department of ST&E);

b. Upon receiving reports or discovering oil spills, local authorities and the Department of ST&E must immediately inform relevant units such as fire departments, police forces, and military units stationed locally to mobilize them for emergency response, and promptly report to the Ministry of Science, Technology, and Environment (Ministry of ST&E) for coordinated handling and/or guidance;

The direct agency responsible for addressing oil spills at the Ministry of ST&E is the Environmental Protection Agency, located at 39 Tran Hung Dao Street, Hanoi; Telephone: 0-4-261517 or 0-4-228750; Fax: 01-4-251518 or 01-4-252733;

c. In cases where the spill exceeds local capacity to handle, the Minister of ST&E will coordinate with heads of relevant agencies to decide on remedial measures and report to the Prime Minister;

d. For offshore oil spills exceeding two tons, in addition to reporting as per point a, the vessel owner causing the pollution must also report to the Ministry of ST&E;

2. Tasks to be performed when an incident occurs:

a. First, take all measures to rescue victims from dangerous areas;

b. By all means, prevent oil from the source of pollution due to the incident from continuing to spill into the surrounding environment;

c. Take all measures to block and contain the spread of spilled oil, especially preventing it from entering priority protected areas (as mentioned in Point I.3);

Blocking and containing oil spills can be carried out using advanced or simple tools such as specialized oil containment booms or bamboo rafts, followed by rapid collection through various methods including pumping and manual scooping; absorbent materials like straw or foam can be deployed to soak up the oil, which is then retrieved and stored safely;

d. In the event of a collision involving an oil-carrying vessel or a tank rupture, quickly and by all available means, remove the oil and move it to a safe location;

e. In cases where the cause of the incident involves floating vessels carrying oil, organize the movement of these vessels to safe anchorage areas.

f. In cases of offshore oil spills far from shore, dispersants may be considered for use to prevent the spread of oil that could cause pollution in sensitive coastal areas which need priority protection. The use of dispersants must always be authorized by the Ministry of Science and Technology & Environment. Dispersants must not be used in rivers, river mouths, bays, and shallow coastal waters.

g. Once oil has spread and washed ashore, it is necessary to quickly collect oil residues and sludge using all available means and equipment, ranging from simple tools (such as shovels, buckets, basins, etc.) to modern machinery (such as water suction trucks, oil pumps, bulldozers, cargo trucks, etc.).

h. After collecting oil residues as described in point g, clean-up operations of the coastline should be organized. Specific techniques for cleaning the coastline depending on its type and form should be discussed and implemented according to the guidance of central and local environmental agencies.

i. Oil residues, sludge, and oil-soaked materials (such as soil, sand, branches, oil-soiled waste, etc.) must be collected in a designated area, isolated to prevent seepage into the surrounding environment, and will be handled according to the instructions of specialized agencies.

3. Implementation:

a. Upon discovering an oil spill incident, individuals and organizations must report it as specified in point II.1.

b. If the incident occurs due to vessels or within the jurisdiction of an organization or individual (such as drilling platforms of domestic and foreign oil companies, domestic and foreign ships, oil refineries, river and sea ports, oil storage facilities, oil pipelines, etc.), that organization or individual is responsible for immediate response and reporting to local authorities, relevant units equipped with technical capabilities (such as oil ports, fire departments, port authorities, etc.), and may request assistance from local police and military forces stationed in the area to deal with and mitigate the consequences.

For incidents occurring during activities of the Vietnam Oil and Gas Corporation, the implementation of emergency response measures will be carried out according to the plan of the Corporation, as detailed in Circular No. 3054/DK issued by the Government Office on June 3, 1994.

c. Incidents occurring in a locality shall be directed by the People's Committee of that locality. Local authorities must mobilize all local forces, armed forces, police, firefighting services, and related central agencies located in the locality to participate in dealing with and mitigating the consequences of the oil spill incident. The agency assisting the Chairman of the Provincial or Municipal People's Committee in dealing with oil spill incidents and mitigating their aftermath is the Department of Science and Technology & Environment at the local level.

d. In cases where the incident exceeds the capacity of the province or city, the Minister of Science and Technology & Environment will coordinate with heads of relevant agencies to decide on remediation measures and report to the Prime Minister.

e. For large-scale incidents affecting regional or inter-provincial areas, the Ministry of Science and Technology & Environment will coordinate with relevant sectors and seek permission from the Prime Minister to invite international organizations specializing in oil spill response to assist in dealing with and mitigating the incident.

4. Preventive Measures:

Following the principle of "prevention is better than cure," all localities and organizations engaged in activities that pose a high risk of causing oil spill incidents must implement preventive measures, focusing on the following regulations:

a. Develop plans and scenarios for responding to oil spill incidents within their operational scope, tailored to actual conditions, particularly in high-risk areas such as ports, shipping channels, exploration and production zones, oil storage facilities, fuel tanks, etc., to proactively address potential incidents. These plans must be approved annually by the relevant ministries or provincial/municipal authorities and submitted to the Ministry of Science and Technology & Environment for coordination and mobilization when necessary.

b. Establish organizations with appropriate technical equipment to respond to oil spills within their jurisdiction. These organizations and equipment should correspond to approved plans, forming a basis for local emergency response integration into the national system.

c. Annually organize training and drills to test, adjust, and enhance the responsiveness of local emergency response systems, adapting to actual conditions.

d. Regularly inspect technology and production processes, operations, and improve safety in activities that could lead to oil spill incidents.

III. COMPENSATION FOR ENVIRONMENTAL DAMAGE

1. General principles:

a. All organizations and individuals, whether Vietnamese, foreign, or joint ventures between Vietnam and foreign countries, causing environmental damage due to oil spill incidents, must compensate for environmental damages in accordance with the law.

b. The primary legal basis for claiming compensation for environmental damage caused by oil spill incidents is the Environmental Protection Law, supplemented by other relevant laws in Vietnam and related international conventions. The court adjudicating disputes is the Vietnamese court.

c. The process of claiming compensation for environmental damage may require legal advice from specialized agencies, sometimes involving international legal counsel when the party causing the incident is a foreign entity.

d. Before initiating compensation claims, localities may consult with the Environmental Protection Agency under the Ministry of Science and Technology & Environment to obtain necessary guidance.

e. Oil spill incidents often result in severe environmental consequences, leading to substantial compensation amounts that typically exceed the financial capacity of the entities causing the incident. Therefore, these entities usually participate in national or international insurance programs, making it possible for environmental damages to be reimbursed through insurance funds. Today, reimbursement of environmental damages has become an international practice. The amount reimbursable includes:

* Costs for responding to the incident, such as containing oil, removing oil, collecting oil, treating oil residues, cleaning the environment, etc...

* Compensation for economic losses suffered directly by organizations and individuals due to the incident (for example, in aquaculture, fishing, salt production, or other agricultural activities, etc.)

* Compensation for restoring the environment degraded or destroyed by pollution.

* Costs for survey work and establishing bases to assess economic and environmental damage.

2. Basic contents of the procedure and legal documentation for claiming compensation:

a. The local environmental management agency must cooperate with central agencies stationed locally (such as port authorities, oil and gas companies, insurance companies, etc.) and local legal agencies to quickly establish and collect all relevant files, samples, and complaints from various levels and local residents regarding the impact of the incident (time and date of occurrence, location, quantity of oil released, type of oil, affected areas, description of scale, etc.)

b. Conduct on-site record-taking between one party being the representative of the entity causing the incident and the other party being the representative of the entity suffering damage - the local environmental management agency (Department of Science, Technology and Environment) to record initial evidence of the incident, particularly it is necessary to collect essential information such as: Name, address, phone number, fax number of the individual or entity causing the incident; time and location of the incident; cause and nature of the incident; quantity and type of oil released into the environment; name and nationality of the vessel and person in charge of the vessel (if it is a ship or drilling rig); and initial damages that can be seen (loss of life, explosion, etc.).

c. Collect all information about the entity causing the incident (belonging to which organization or individual, nationality, work log, participation in conventions or insurance, cargo records, oil quantity on board records, incident report signed by the entity owner, port authority representative (if it is a shipwreck incident) and local representative, civil liability responsibility reports of the parties causing pollution, etc.).

d. Immediately organize scientific expert groups to conduct surveys at the site to collect data, scientific evidence, and information on pollution; evaluate the extent and scale of pollution, damage, and environmental degradation; economic losses of organizations and individuals in the present and future, such as damages in aquaculture environments, salt harvesting, natural fishing, etc. This environmental information must be truthful and based on scientific grounds, and should be presented in a complete report format, including diagrams, data, samples, specific analysis results, accompanying illustrative photos and videos.

e. After obtaining the necessary types of information, it is necessary to prepare a complaint form and accompanying documentation. The main content of the complaint and documentation may include:

* Name and address of the entity seeking compensation (the local Department of Science, Technology and Environment acting as the representative is most appropriate, especially if the scope is a province).

* Name and address of the vessel and the owner of the vessel causing the incident. (If the incident is caused by a ship, it is necessary to know the name of the ship, the nationality of the ship, the shipowner, the captain's name, the captain's nationality).

* Time and location of the incident.

* Determination of resources mobilized to participate in rescue operations (number of working days, number of equipment, technology, means of transportation, etc.).

* Type of oil, quantity of oil, affected area.

* Evidence of oil (original oil sample, oil sample collected, oil-contaminated water sample, sediment sample, etc.), analytical conclusions on the chemical composition of oil and contaminated water and sediment samples, or descriptions of oil slicks.

* Evidence and conclusions on environmental degradation (reduction in primary biological productivity, samples of dead or oil-soaked flora and fauna, currently dying).

* Summary description of the development, actions taken to respond, property damages, etc.

* Statistics of costs for rescue operations such as labor costs, equipment usage, daily transportation costs serving the handling of consequences and cleaning the environment.

* Cost of repair or replacement of equipment damaged by the incident.

* Economic value of losses from direct production activities dependent on the environment (such as aquaculture, agriculture, poultry farming, etc.), with comparisons to previous yields to calculate.

* Photos, videos, audio recordings (if available), diagrams describing relevant points as mentioned above.

f. In preparing and building complaint documentation for claiming compensation, in addition to related legal agencies, localities may exchange and coordinate with the Environmental Protection Agency under the Ministry of Science and Technology, to obtain necessary technical guidance, especially when the entity causing damage is a foreign entity.

The implementation of this Circular, the Department of Science, Technology and Environment is the state management agency for the environment at the locality, playing an important role in organizing supervision of the planning and implementation of oil spill response activities by organizations located in the locality.

Ministries, localities need to take the initiative and consider setting up emergency funds for oil spill incidents to mobilize resources for rescue and handling of incidents.

The People's Committee of the locality needs to consider, based on the proposal of the Department of Science, Technology and Environment, to provide initial assistance measures for residents living and operating in areas directly affected by the oil spill incident.

Individuals and groups who have contributed to discovering and participating in handling oil spill incidents will be appropriately recognized and rewarded both materially and spiritually by various levels.

Organizations and individuals intentionally obstructing or making difficulties for oil spill incident rescue operations or evading responsibility will be punished according to the law, including criminal liability prosecution.

Ministries, localities need to study and proactively implement this Circular and regularly inform the Ministry of Science and Technology about their implementation progress.

The Ministry of Science and Technology will report to the Prime Minister on cases of oil spills and their handling methods.

This Circular replaces the Interim Guidelines of the Minister of Science and Technology and Environment on oil spill accident response (No. 389/MTg dated June 17, 1994) and takes effect from the date of issuance.