Decree No. 25/2019/ND-CP amends and supplements certain articles of Decree No. 13/2011/ND-CP dated February 11, 2011, of the Government on safety of oil and gas facilities on land.

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
February 2011 Government Decree on the safety of onshore oil and gas facilities

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

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; and 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 June 6, 1993; 7 Pursuant to the Law amending and supplementing certain articles of the Oil and Gas Law dated June 9, 2000; and 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, and distributing gas and gas products (including liquefied petroleum gas (LPG), compressed natural gas (CNG), liquefied natural gas (LNG), and other types of gases separated during the processing and refining of crude oil or natural gas 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 facilities.

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 petrochemical plants and oil refineries 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 handling equipment for gas, liquefied gas, crude 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 storage tanks: pressurized storage tanks and cryogenic 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 liquefied gas product pipelines: Gas pipelines and liquefied 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 higher."

d) Amending Clause 7 as follows:

"7. Classification of valve stations, receiving and launching stations, and gas distribution stations.

Valve stations, receiving and launching 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 higher."

4. Amending Clause 1 of Article 8 as follows:

"1. Organizations and individuals conducting exploration, development, and construction of facilities for oil and gas activities must comply with safety regulations stipulated 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. Safety distances for gas processing and refining plants, liquefied gas storage tanks and liquefied gas product storage tanks, gas terminals, and distribution stations.t T1. Organizations and individuals determine safety distances for gas processing and refining plants, liquefied gas storage tanks and liquefied gas product storage tanks, gas distribution stations, valve stations, receiving and launching stations, and oil and gas product terminals according to the provisions in Appendix II issued along with this Decree.

2. Organizations and individuals determine safety distances for cryogenic liquefied gas storage tanks based on the results of quantitative risk assessment."

"Article 15. For above-ground sections of pipelines

7. Amend Article 15 as follows:

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

8. Amending Article 16 as follows:

"Article 16. Safety distances for warehouses, wharfs, and jetties for oil and oil products

1. Safety distances for oil and oil product warehouses are stipulated in Appendix II issued along with this Decree.- Size of the stamp: 12. Safety distances for wharfs and jetties for oil and oil products are defined as follows:

a) Safety distances from technological equipment with explosion risk on wharfs and jetties for oil and oil products to protected objects according to Appendix II issued along with this Decree."

2. The safe distance from wharves, oil and petroleum product loading and unloading terminals is specified as follows:

a) The safe distance from technological equipment with fire and explosion hazards at wharves, oil and petroleum product loading and unloading terminals to protected objects as set out in Appendix II attached to this Decree.

b) The safe distance from the outer edge of the oil and petroleum products wharf and pier to the outer edge of other wharfs and piers shall be in accordance with the relevant maritime laws and regulations.

9. Amend Article 20 as follows:

“Article 20. For sections of pipelines laid above water

In cases where a section of the pipeline transporting oil and petroleum products is laid above water, the organization or individual must determine the safe distance in accordance with the provisions set out in Appendix II of this Decree.”

10. Amend Chapter VI as follows:

PROVISIONS ON THE SUPPLY, MANAGEMENT, AND USE OF INFORMATION ON VEHICLES ENTERING AND LEAVING PASSENGER TERMINALS”

MEASURES TO ENSURE SAFETY OF OIL AND GAS STRUCTURES

11. Amend Clause 7 of 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 for oil and gas structures

Organizations and individuals must assess risks for oil and gas structures in accordance with current laws.”

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

a) Amend Point b, Clause 3 as follows:

“b) The minimum depth of buried pipelines for Class 1 to Class 3 pipelines is 1 meter, and for other buried 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 buried pipelines passing through flooded areas such as rivers, streams, ditches, canals, ponds, lakes, 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 buried pipelines cross roads or railways, organizations and individuals must apply additional technical solutions to strengthen resistance to vibration and impact on the pipeline; they must also place warning signs 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 of oil and gas structures

Within the safe distance of oil and gas structures, activities that pose direct or indirect risks to the operation and safety of the structures shall not be conducted, including:

1. Activities that could cause fires, explosions, subsidence, displacement, excavation, or damage to pipelines.

2. Planting trees.

3. Discharging corrosive substances.

4. Organizing large gatherings, tours, or tourism activities without permission from the competent authority.

5. Mooring vessels for inland waterway transport, marine transport, fishing, sand mining, dredging, or other underwater activities that may obstruct operations and safety of oil and gas structures and vessels entering and exiting these structures, except for activities controlling water flow and inland waterway transportation.

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

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

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

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

1. Repeal Article 3.

2. Repeal Clause 3 of Article 6.

3. Repeal Article 7.

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

5. Repeal 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 structures existing before the effective date of this Decree that do not meet 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 structures shall be determined according to the provisions of this Decree until corresponding national technical standards on safety are promulgated.

Article 7. Responsibility for Implementation

1. The Ministry of Industry and Trade shall be responsible for guiding the provisions set forth in Article 1, Article 2, and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree./.