Decree No. 25/2019/ND-CP amending and supplementing some articles of Decree No. 13/2011/NĐ-CP dated February 11, 2011 of the Government on safety of onshore oil and gas facilities.

  DECREE

Amending and supplementing some articles of Decree No. 13/2011/NĐ-CP dated February 11, 2011 of the Government on safety of onshore oil and gas facilities

Hanoi, February 11, 2011

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law amending and supplementing certain articles of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Oil and Gas Law dated July 6, 1993; the Law amending and supplementing certain articles of the Oil and Gas Law dated June 9, 2000; the Law amending and supplementing certain articles of the Oil and Gas Law dated June 3, 2008;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 13/2011/NĐ-CP dated February 11, 2011 of the Government on safety of onshore oil and gas facilities.

Article 1. Amending and supplementing some articles of Decree No. 13/2011/NĐ-CP dated February 11, 2011 of the Government on safety of onshore oil and gas facilities as follows:

1. Amending Clause 2 and supplementing Clauses 9, 10, 11, 12 of Article 2 as follows:

a) Amending Clause 2 as follows:

"2. Onshore gas facilities include: Facilities for importing, processing, refining, transporting, storing, distributing gas and gas products (including liquefied petroleum gas (LPG), compressed natural gas (CNG), liquefied natural gas (LNG), types of gas separated during oil or gas processing and other products)."

b) Supplementing Clauses 9, 10, 11, 12 as follows:

"9. Risk level: Is the possibility of individual death caused by risks arising from oil and gas activities or facilities.

10. Acceptable risk level: Is the permissible degree of risk for people.

11. Protected objects are surrounding objects at risk due to oil and gas activities or facilities, including:

a) Schools, kindergartens, hospitals, libraries, and public buildings.

b) Residential houses, except administrative buildings serving production within oil and gas facilities.

c) Cultural buildings.

d) Other protected objects specified in the tables attached as Appendix II to this Decree.

12. Safety distance is the minimum distance on plan view or elevation view, measured from the outer edge of technological equipment with explosion risk in oil and gas facilities to the nearest edge of protected objects.

The safety distance for oil refining and petrochemical plants is the minimum distance from the outer edge of the facility to the nearest edge of the protected object.

13. Technological equipment with explosion risk includes storage, transportation, processing, and treatment equipment for gas, liquefied gas, oil, and oil products that pose an explosion risk when exposed to ignition sources."

2. Amending Article 4 as follows:

"Article 4. Acceptable risk level

Organizations and individuals shall use the acceptable risk level prescribed by current laws in quantitative risk assessment to analyze and evaluate overall risk during technical design, construction, installation, operation, upgrading, modification, dismantling, and decommissioning phases of facilities."

3. Amending Point a Clause 1, Point a Clause 2, Clause 5, Clause 7 of Article 6 as follows:

a) Amend point a, Clause 1 as follows:

"a) Gas storage tanks and liquefied gas product storage tanks: pressurized storage tanks and refrigerated storage tanks;"

b) Amending Point a Clause 2 as follows:

"a) Liquefied gas storage tanks and liquefied gas product storage tanks under pressure include:

Class 1: over 10,000 m3

Class 2: from 5,000 m3 to 10,000 m3

Class 3: less than 5,000 m3"

c) Amending Clause 5 as follows:

"5. Classification of gas pipelines and gas product pipelines: Gas pipelines and gas product pipelines are classified according to the maximum allowable operating pressure as follows:

a) Class 1 gas pipeline: From 7 bar to less than 19 bar;

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

c) Class 3 gas pipeline: 60 bar or more."

d) Amending Clause 7 as follows:

"7. Classification of valve stations, pigging stations, and gas distribution stations.

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

a) Class 1 station: Less than 19 bar;

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

c) Class 3 station: 60 bar or more."

4. Amending Clause 1 of Article 8 as follows:

"1. Organizations and individuals conducting exploration, development of oil and gas and construction of facilities for these activities must comply with safety regulations as prescribed by current laws."

5. Amending Point d Clause 1 of Article 10 as follows:

"d) Two gas pipelines designed and constructed together may have their distance reduced to the maximum extent possible but must meet the acceptable risk level as prescribed;"

6. Amending Article 14 as follows:

"Article 14. Safe distance from processing plants, refining facilities; liquefied gas storage tanks and liquefied gas products; gas import and export ports and products, distribution stations, valve stations, release stations, receiving stations.

1. Organizations and individuals shall determine the safe distance from refining facilities, pressure storage tanks containing gas and gas products, gas distribution stations, valve stations, release stations, receiving stations, oil and gas import and export ports and oil and gas product ports in accordance with the provisions set out in Appendix II attached to this Decree.

2. Organizations and individuals shall determine the safe distance from cold storage tanks containing gas based on the results of quantitative risk assessment.

7. Amend Article 15 as follows:

"Article 15. For above-ground pipeline sections

In cases where a section of the gas transportation pipeline is laid above ground, organizations and individuals shall apply the corresponding safe distance for the above-ground pipeline section.

8. Amend Article 16 as follows:

"Article 16. Safe distance from warehouses, wharfs, bridges for oil and petroleum product import and export

1. The safe distance from oil warehouses and petroleum product warehouses shall be determined in accordance with the provisions set out in Appendix II attached to this Decree.

2. The safe distance from wharfs, bridges for oil and petroleum product import and export shall be regulated as follows:

a) The safe distance from technological equipment with explosion risks at wharfs, bridges for oil and petroleum product import and export to protected objects shall be determined in accordance with the provisions set out in Appendix II attached to this Decree.

b) The safe distance from the outer edge of wharfs, bridges for oil and petroleum product import and export to the outer edge of other wharfs, bridges shall comply with the relevant maritime laws and regulations.

9. Amend Article 20 as follows:

"Article 20. For above-ground pipeline sections

In cases where a section of the oil and petroleum product transportation pipeline is laid above ground, organizations and individuals shall determine the safe distance in accordance with the provisions set out in Appendix II of this Decree.

10. Amend Chapter VI as follows:

"Chapter VI

SAFETY MEASURES FOR OIL AND GAS STRUCTURES"

11. Amend Clause 7, Article 23 as follows:

"7. Organizations and individuals must install fire alarm systems within the scope of the structure."

12. Amend Article 25 as follows:

"Article 25. Provisions on risk assessment of oil and gas structures

Organizations and individuals must conduct risk assessments for oil and gas structures in accordance with current laws.

13. Amend Point b, Clause 3; supplement Points b1, b2, Clause 3, Article 26 as follows:

a) Amend Point b, Clause 3 as follows:

"b) The minimum depth of underground pipelines for Class 1 to Class 3 pipelines is 1 meter, and for other underground pipelines is 0.6 meters measured from the finished surface to the top of the pipe, and in compliance with current regulations."

b) Supplement Points b1, b2, Clause 3 as follows:

"b1) For underground pipelines passing through flooded areas such as rivers, streams, creeks, canals, ditches, lakes, ponds, and other flooded areas, the depth shall be determined from the bottom of these areas and must comply with maritime and inland waterway regulations. Organizations and individuals may lay pipelines at the bottom of these flooded areas but must take measures to ensure safety against collision with the pipeline.

b2) In cases where underground pipelines cross roads or railways, organizations and individuals must apply additional technical solutions to enhance vibration and impact resistance for the pipeline; warning signs must be placed along the pipeline route to prevent excavation."

14. Amend Article 29 as follows:

"Article 29. Activities not to be carried out within the safe distance from oil and gas facilities

Within the safe distance range of oil and gas facilities, activities that pose a direct or indirect risk to the operation and safety of such facilities shall not be conducted, including:

1. Activities with the potential to cause fires, explosions, subsidence, displacement, excavation works, and impacts on pipelines.

2. Planting trees.

3. Discharging corrosive substances.

4. Organizing large gatherings, tours, and tourism activities without the permission of the competent authority.

5. Mooring waterway transport vessels, maritime transport vessels, fishing boats, sand mining, dredging, or other underwater activities that may obstruct the operations and safety of oil and gas facilities and the movement of vessels entering and exiting such facilities, except for activities to control water flow and river traffic and transportation.

6. In cases where pipelines or pipeline routes pass through rivers, at any time, the nearest point of the mooring system of vessels must be at least 40 meters away from both upstream and downstream sides of the pipeline; mooring of waterway transport vessels, maritime transport vessels, fishing boats, sand mining, dredging, or other underwater activities that may harm the pipeline is prohibited; except for activities to control water flow and river traffic and transportation.

Article 2. Replacing Appendices I, II, and III issued together with Decree No. 13/2011/NĐ-CP dated February 11, 2011, with corresponding Appendices I, II, and III issued together with this Decree.

Article 3. Replacing the phrase "adjacent objects" with the phrase "protected objects" in Articles: Article 3; Article 11; name of Article 19 and Clause 1 of Article 19; Article 21; Clause 2 of Article 26.

Article 4. Abolishing certain articles and clauses of Decree No. 13/2011/NĐ-CP dated February 11, 2011 of the Government regarding the safety of land-based oil and gas facilities as follows:

1. Abolish Article 3.

2. Abolish Clause 3 of Article 6.

3. Abolish Article 7.

4. Abolish Point c, Point d of Clause 1 of Article 10.

5. Abolish Clause 5, Clause 6 of Article 23.

Article 5. Effective Date

This Decree takes effect from April 22, 2019.

Article 6. Transitional Provisions

1. Oil and gas facilities existing before the effective date of this Decree that have not met the safe distance requirements stipulated in this Decree must implement enhanced measures to ensure an acceptable level of risk within three years from the effective date of this Decree.

2. The safe distance for land-based oil and gas facilities shall be determined according to the provisions of this Decree until the relevant national technical standards on safety are issued.

Article 7. Responsibility for Implementation

1. The Ministry of Industry and Trade is responsible for guiding the provisions of Article 1, Article 2 and organizing the implementation of this Decree.

2. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.

 

ANNEX I

POPULATION CLASSIFICATION
(Attached to Decree No. 25/2019/NĐ-CP dated March 7, 2019 of the Government)

 

Residential areas are divided into four types as follows:

 

Note: (*) If in residential areas of type 1 or 2 there are educational institutions, hospitals, churches, markets with a regular concentration of more than 20 people, then these areas are considered residential areas of type 3.

 

ANNEX II

PROVISIONS ON SAFE DISTANCE FOR OIL AND GAS FACILITIES
(Attached to Decree No. 25/2019/NĐ-CP dated March 7, 2019 of the Government)

 

Table 1. Safe distance from liquefied petroleum gas storage tanks under pressure to protected objects and distance between tanks

 

 

Safe distances for other protected objects are determined based on quantitative risk assessment results.

Table 2. Safe distance from storage tanks to protected objects for liquefied petroleum gas and condensate storage facilities

 

 

Note:

Safe distances for other protected objects are determined based on quantitative risk assessment results.

Table 3. Provisions on safe distance for Gas Processing/Handling Plants

 

Note: Safe distances for other protected objects are determined based on quantitative risk assessment results.

Table 4. Provisions on safe distances from protected objects for gas transportation pipelines

 

The minimum distance between two parallel buried gas pipelines

 

 

The minimum distance between a buried gas pipeline and an above-ground gas pipeline

 

 

Safe distance between a buried gas pipeline and protected objects

 

Note: Safe distances for other protected objects are determined based on quantitative risk assessment results.

Table 5. Provisions on safe distances for directional drilling gas transportation pipelines

 

Note:

Safe distance for directional drilling gas pipelines is determined as the depth from the pipe to other structures.

Table 6. Provisions on safe distances for DM&SPDM transportation pipelines

 

Note: Safe distances for other protected objects are determined based on quantitative risk assessment results.

Table 7. Provisions on safe distances for stations

 

 

Table 8. Provisions on safe distances for processing/refining oil plants

 

Note: Safe distances for other protected objects are determined based on quantitative risk assessment results.

Table 9. Provisions on safe distances for related facilities of processing/refining oil plants

 

 

Note: Safe distances for other protected objects are determined based on quantitative risk assessment results.

 

ANNEX III

PROVISIONS ON REDUCING SAFE DISTANCES FOR ONSHORE OIL AND GAS FACILITIES WHEN APPLYING TECHNICAL SOLUTIONS
(Attached to Decree No. 25/2019/NĐ-CP dated March 7, 2019 of the Government)

 

Table 1. Provisions allowing reduction of safe distances for storage facilities

 

 

Note:

When applying one or more enhanced technical solutions to increase maximum allowable distance reduction, it shall not exceed 50%, and the minimum distance shall not be less than 10 meters.

For other technical enhancement cases not specified in this table, the distance reduction factor will be analyzed and proposed based on quantitative risk assessment methods.

 

Table 2. Regulations allowing reduction in safe distance for pipelines transporting DM & SPDM when applying enhanced technical solutions

 

 

Note: Not applicable to directional drilling pipelines

Pipe wall thickness, design factor

Minimum pipe wall thickness for steel pipes is determined according to the following formula:

Where:

T: Design wall thickness of the pipe, mm;

P: Design pressure at design temperature, bar;

D: Outer diameter of the pipe, mm;

f: Design factor, dimensionless;

s: Characteristic yield strength of pipe material, N/mm²².

The design factor is determined based on the classification of residential areas. The classification of residential areas is detailed in Appendix I. The design factor f is specified for each type of residential area as follows:

Residential area Class 1: Design factor f not exceeding 0.72

Residential area Class 2: Design factor f not exceeding 0.60

Residential area Class 3: Design factor f not exceeding 0.50

Residential area Class 4: Design factor f not exceeding 0.40

For pipelines transporting gas passing through forest mountainous regions, desertified lands, or other areas with little or no population and which, according to land use planning, will have little change in the next 10 to 15 years, the design factor may be taken as not exceeding 0.8.