Circular No. 33/2011/TT-BGTVT stipulates procedures for issuing certificates of technical quality, safety, and environmental protection for offshore facilities, equipment for exploration, exploitation, and transportation of oil and gas at sea, issued by the Ministry of Transport.

CIRCULAR

Regulations on procedures for issuing certificates of technical safety quality and environmental protection for equipment and vessels for exploration, exploitation, and transportation of oil and gas at sea

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decision No. 84/2010/QĐ-TTg dated December 15, 2010 of the Prime Minister on the issuance of the Oil and Gas Exploitation Regulation;

The Minister of Transport hereby stipulates the procedures for issuing certificates of technical safety quality and environmental protection for equipment and vessels for exploration, exploitation, and transportation of oil and gas at sea as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for issuing certificates of design approval and certificates of technical safety quality and environmental protection for equipment and vessels for exploration, exploitation, and transportation of oil and gas at sea, including mobile offshore structures, floating storage units, fixed offshore structures, mooring buoys, submarine pipeline systems, and related machinery and equipment (hereinafter referred to as offshore structures) operating within internal waters, territorial seas, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals involved in management, inspection of technical safety quality and environmental protection (hereinafter referred to as inspection), design, new construction, modification, repair, and operation of offshore structures.

Article 3. Explanation of Terms

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

1. The owner of the offshore structure is the owner, manager, operator, or lessee of the offshore structure.

2. International conventions are international treaties related to offshore structures concerning the technical safety quality and environmental protection of offshore structures that the Socialist Republic of Vietnam is a member of.

3. The registration dossier for offshore structures includes certificates, appendices attached to certificates, inspection reports, and relevant documents as prescribed.

4. The Registration Authority is the Vietnam Register and its subordinate branches.

Article 4. Basis for inspection

The basis for inspecting the technical safety quality and environmental protection of offshore structures is the provisions of legal regulations, norms, standards, and technical specifications of Vietnam and international conventions that Vietnam is a member of, which relate to the requirements for ensuring technical safety quality and environmental protection corresponding to each type of offshore structure specified in Appendix I issued together with this Circular.

Chapter II

PROCEDURES FOR ISSUING CERTIFICATES FOR OFFSHORE STRUCTURES

Article 5. Procedures for Issuing Design Approval Certificates for Offshore Structures

1. Implementation procedures

a) The design entity completes the design dossier in accordance with regulations and submits it to the Registration Authority;

b) The Registration Authority receives the design dossier, checks the components of the design dossier: if the design dossier is not complete according to the regulations, it will respond in writing to guide the design entity to complete it again; if the design dossier is complete according to the regulations, it will issue a notice of result delivery time.

c) The Registration Authority conducts the design review: if the design dossier does not meet the requirements, it will respond in writing to the design entity to supplement and modify; if the design dossier meets the requirements, it will issue a Design Approval Certificate according to the model at Appendix IV issued together with this Circular.

a) The design entity submits the dossier directly to the Registration Authority or through the postal service or via Fax, Email.

b) The design entity receives the results through the postal service or directly from the Registration Authority conducting the design review.

a) Components of the dossier include: 01 application for design approval according to the model at Appendix III issued together with this Circular (original or certified copy); 03 design documents of offshore structures (original or certified copy).

The quantity and content of the design documents of offshore structures are detailed in the relevant norms, standards, technical specifications, and international conventions applicable to each type of offshore structure specified in Appendix I issued together with this Circular and must be presented in accordance with current regulations.

b) Number of sets of documents: 01 set.

4. Time limit for resolution

The time for design review and issuance of a certificate or notification of non-compliance with the design dossier shall not exceed twenty working days from the date of receipt of the complete dossier as prescribed. In cases where the design of new or complex offshore structures requires extended review time, the Registration Authority conducting the design review will negotiate with the design entity.

5. Administrative procedure implementing agency: The Registration Authority.

6. Results of administrative procedure implementation

The results of the administrative procedure are the reviewed design documents and the Design Approval Certificate.

7. Requirements and conditions for design review

The design dossier of offshore structures must comply with the requirements of Vietnamese standards and technical specifications and international conventions that Vietnam is a member of, relating to technical safety and environmental protection corresponding to each type of offshore structure specified in Appendix I issued together with this Circular.

8. Fees and charges

The fee and charge levels are as prescribed by the Ministry of Finance and paid directly or transferred to the authority issuing the certificate.

Article 6. Procedures for Issuing Certificates of Technical Safety and Environmental Protection for Marine Structures

1. Implementation procedures

a) Organizations and individuals complete the dossier in accordance with regulations and submit it to the Inspection Authority;

b) The Inspection Authority receives the dossier, checks the components of the dossier: if the dossier does not contain all required components according to regulations, it will provide written guidance for organizations and individuals to complete it again; if the dossier contains all required components according to regulations, it will proceed with inspection at the location and time requested by the organization or individual;

c) The Inspection Authority conducts the inspection: if the inspection results do not meet requirements, it will provide written feedback for organizations and individuals to improve; if the inspection results meet requirements, it will issue certificates corresponding to each type of marine structure as listed in Appendix II based on the templates from Appendices V to IX issued together with this Circular;

2. Implementation method

a) Organizations and individuals submit the dossier directly to the Inspection Authority or through the postal service or via Fax, Email;

b) Organizations and individuals receive the results through the postal service or directly at the Inspection Authority conducting the inspection.

3. Regulations on Dossier

a) Components of the application forms:

i. For initial inspections, the dossier includes:

- An application for inspection according to the template in Appendix III issued together with this Circular (original or photocopy in case the dossier is submitted via fax or email);

- Technical dossier of marine structures:

+ For newly manufactured, converted, and imported marine structures, or those changing the inspection authority immediately after new manufacture or conversion, the technical dossier includes the reviewed design dossier (original or photocopy) and the dossier of inspections during new manufacture or conversion (original or photocopy);

+ For operational marine structures that are imported or change the inspection authority, the technical dossier includes the design dossier and the current inspection dossier of the marine structure (original or photocopy);

ii. For annual, intermediate, underwater/on-dock, abnormal, and periodic inspections, the dossier includes an application for inspection according to the template in Appendix III issued together with this Circular (original or photocopy in case the dossier is submitted via fax or email).

b) Number of applications: 01 set

4. Time limit for resolution

The certificate shall be issued within three working days from the completion of the initial and periodic inspections, and within one working day from the completion of annual, intermediate, underwater/on-dock, and abnormal inspections.

5. Implementing Authority: The Inspection Authority.

6. Results of administrative procedure implementation

The result of the administrative procedure is the certificates of technical safety and environmental protection.

7. Requirements and Conditions for Inspection

Marine structures must satisfy the requirements of Vietnamese technical standards and international conventions relevant to technical safety and environmental protection applicable to each type of marine structure as specified in Appendix I issued together with this Circular.

8. Fees and charges

Fees and charges are set forth by the Ministry of Finance and paid directly or transferred to the issuing authority.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Responsibilities of the Vietnam Maritime Administration

1. Uniform management and organization of implementation of design review and quality inspection of technical safety and environmental protection for marine structures nationwide.

2. Collection of fees and charges for inspection in accordance with the law

3. Annually report to the Ministry of Transport the results of the quality inspection of technical safety and environmental protection for marine structures.

Article 8. Responsibilities of the marine construction project owner and of the design, manufacturing, conversion, repair facilities for marine construction projects.

1. Comply with the regulations on technical safety quality inspection and environmental protection set forth in this Circular when manufacturing, converting, repairing, importing, and during the operation of marine construction projects.

2. Comply with the regulations on design documentation and design review.

3. Bear responsibility for maintaining the technical condition of operating marine construction projects between two inspection periods to meet the provisions of legal normative documents, norms, technical standards, and technical regulations of Vietnam and relevant international conventions.

4. Be subject to inspection and supervision by the Vietnam Marine Inspection Bureau regarding technical safety quality and environmental protection during the design, new construction, conversion, repair, importation, and operation of marine construction projects.

5. Safeguard, maintain, and not alter or erase certificates and inspection confirmation documents that have been issued and present them upon request as prescribed.

Article 9. Effective Date

1. This Circular takes effect forty-five (45) days from the date of issuance.

2. Certificates issued to marine construction projects before the effective date of this Circular remain valid until their expiration date as stated on the certificate.

Article 10. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Marine Inspection Bureau, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.