Circular No. 34/2017/TT-BCT stipulates the procedures and formalities for supplementing, adjusting planning and managing investment for projects to construct oil storage tanks, liquefied petroleum gas storage tanks, and liquefied natural gas storage tanks.

CIRCULAR

Amending and supplementing some articles of Circular No. 39/2013/TT-BCT dated December 30, 2013 issued by the Minister of Industry and Trade on procedures and formalities for supplementing, adjusting planning and managing investment for projects to construct oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities. Pursuant to Decree No. 98/2017/NĐ-CP of the Government dated August 18, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Investment Law No. 67/2014/QH13 dated November 26, 2014;

Pursuant to the Law on Public Investment No. 49/2014/QH13 dated June 18, 2014;

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Pursuant to Decree No. 13/2011/NĐ-CP of the Government dated February 11, 2011 on safety of onshore oil and gas facilities;

Pursuant to Decree No. 42/2017/NĐ-CP of the Government dated April 5, 2017 amending and supplementing certain articles of Decree No. 59/2015/NĐ-CP of the Government dated June 18, 2015 on project management for construction investment;

WHEREAS, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

Pursuant to Decision No. 04/QĐ-TTg of the Prime Minister dated November 20, 2015 on management of safety in oil and gas activities;

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

At the proposal of the Director of the Planning Department,

The Minister of Industry and Trade promulgates this Circular amending and supplementing some articles of Circular No. 39/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade on procedures and formalities for supplementing, adjusting planning and managing investment for projects to construct oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities.

Article 1. Amending and supplementing some articles of Circular No. 39/2013/TT-BCT dated December 30, 2013.

"2. Supplementing and adjusting planning for projects to construct external warehouse facilities for goods; crude oil, lubricating oil, liquid asphalt, and other petrochemical products warehouses; gasoline tanks and liquefied petroleum gas storage tanks at oil refineries; gasoline tanks at retail fuel stations; fueling stations for automobiles; liquefied petroleum gas refilling stations for cylinders; gasoline tanks only serving military needs, internal company needs; liquefied petroleum gas/natural gas liquefied storage tanks for industrial households, apartment buildings, high-rise buildings not within the scope of this Circular."

1. Amending and supplementing Clause 2 of Article 1 as follows:

"Article 9. Management and implementation of projects to construct oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities.

2. Amendment and supplementation of Article 9 as follows:

1. The management of projects to construct new, repair, renovate, and increase capacity of oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities must be based on approved planning, complying with laws on investment and construction as stipulated in the Construction Law, Decree No. 59/2015/NĐ-CP of the Government dated June 18, 2015 on project management for construction investment, and Decree No. 42/2017/NĐ-CP of the Government dated April 5, 2017 amending and supplementing certain articles of Decree No. 59/2015/NĐ-CP.
2. Quality management and maintenance of oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities shall be carried out according to Decree No. 46/2015/NĐ-CP of the Government dated May 12, 2015 on quality management and maintenance of construction works and comply with legal provisions on ensuring safety for industrial oil and gas facilities.
3. Safety regulations for oil and gas facilities for project management of oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities shall be implemented from the investment preparation stage until the facility is put into operation, ensuring safety during the operational period.
a. Safety distances for oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities must be considered and preliminarily calculated when selecting the investment location and specified in detail in the design task for oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities, in accordance with Decree No. 13/2011/NĐ-CP of the Government dated February 11, 2011 on safety of onshore oil and gas facilities.
b. Safety management documents for oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities shall be prepared and approved according to Decision No. 04/2015/QĐ-TTg of the Prime Minister dated January 20, 2015 on management of safety in oil and gas activities.
c) Oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities shall conduct quantitative risk assessments in accordance with Circular No. 50/2012/TT-BCT of the Ministry of Industry and Trade dated December 28, 2012 promulgating National Technical Regulation No. QCVN 11:2012/BCT on acceptable levels of risk in quantitative risk assessment for oil and gas, fuel, chemical, and thermal power activities.

d) Safety management documents for oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities, once approved, shall serve as the basis for reviewing and approving detailed designs following basic designs.

4. Classification of projects to construct oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities.

a) By scale, including national key projects, group A projects, group B projects, and group C projects.

- National key projects: as stipulated in Article 7 of the Investment Law;

- Group A projects: total investment of VND 1 trillion or more;

- Group B projects: total investment from VND 60 billion to less than VND 1 trillion;

- Group C projects: total investment less than VND 60 billion;

b) For projects with total investment under VND 15 billion (excluding land use fees), only economic and technical reports are required.

c) By source of funding, including projects using state budget funds, projects using state funds outside the budget, and projects using other sources of funds.

5. Classification of oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities for project management, determining the authority of specialized agencies for construction design review, inspection during construction and upon completion, and determining the capabilities of individuals and organizations involved in the project management and implementation process as follows:

a) Oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities with a total storage capacity over 100,000 cubic meters: Special grade construction works;

b) Oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities with a total storage capacity from 5,000 cubic meters to 100,000 cubic meters: Grade I construction works;³c) Oil storage facilities with a total storage capacity from 210 cubic meters to 5,000 cubic meters; liquefied petroleum gas storage facilities and liquefied natural gas storage facilities with a total storage capacity under 5,000 cubic meters: Grade II construction works;

d) Oil storage facilities with a total storage capacity under 210 cubic meters: Grade III construction works.³6. Implementation of investment and construction of oil storage facilities, liquefied petroleum gas storage facilities, and liquefied natural gas storage facilities shall be carried out in accordance with the provisions set forth in the Appendix to this Circular.”³3. Amending and supplementing point c, point d, and point đ of Clause 1 of Article 11 as follows:

c) A fuel storage facility with a total capacity from 210 m³ to 5,000 m³; an LPG storage facility, an LNG storage facility with a total capacity under 5,000 m³: Class II project;³from 5,000 m³: liquefied petroleum gas storage tanks, liquefied natural gas storage tanks with a total storage capacity under 5,000 m³: Class II works;

d) A fuel storage facility with a total capacity under 210 m³: Class III project.³: Class III works.

6. The implementation of investment construction projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities shall be carried out in accordance with the provisions set forth in the Appendix attached to this Circular.

3. Amend and supplement points c, d, đ of Clause 1 of Article 11 as follows:

"c) Is the specialized agency under the Ministry of Industry and Trade responsible for construction, organizing the review of projects, basic design, post-basic design, and construction estimates, and managing the quality of investment construction projects for oil storage facilities, LPG storage facilities, and LNG storage facilities within its authority.

d) Organizing regular inspections according to plans and unscheduled inspections of the quality management work of entities involved in construction projects and inspecting the quality of construction projects for oil storage facilities, LPG storage facilities, and LNG storage facilities.

đ) Reporting regularly on the content of project reviews, designs, and construction estimates; inspection plans, results of quality management work inspections, and the quality of construction projects for oil storage facilities, LPG storage facilities, and LNG storage facilities to be sent to the Ministry of Construction for consolidation.

4. Amend and supplement point c and point d of Clause 2, Article 11 as follows:

"c) Organizing the review of projects, basic design, post-basic design, and construction estimates; inspecting the quality management work of construction projects and the completion acceptance handover work of construction projects for oil storage facilities, LPG storage facilities, and LNG storage facilities within its authority.

d) Reporting regularly on the content of project reviews, designs, construction estimates, and quality management of construction projects of individuals and organizations participating in construction projects for oil storage facilities, LPG storage facilities, and LNG storage facilities as prescribed and sending them to the Department of Planning, Ministry of Industry and Trade for consolidation and monitoring.

Article 2. Effectiveness and Implementation

1. This Circular takes effect from February 12, 2018.

2. In case of difficulties during implementation, organizations and individuals shall send their opinions to the Ministry of Industry and Trade for consideration and resolution./."