Circular No. 39/2013/TT-BCT stipulates the procedures and formalities for supplementing, amending planning and managing investment for projects to construct oil storage facilities, liquefied petroleum gas (LPG) storage facilities, and liquefied natural gas (LNG) storage facilities.

CIRCULAR

Regulations on the procedures and processes for supplementing, adjusting planning and managing investment for construction projects of oil storage facilities, liquefied petroleum gas (LPG) storage facilities, and liquefied natural gas (LNG) storage facilities.

constructing oil storage facilities, liquefied petroleum gas (LPG) storage facilities, liquefied natural gas (LNG) storage facilities

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The Minister of Finance; the Minister of Industry and Trade; the Minister of Public Security; the Minister of National Defense promulgates this Joint Circular stipulating the regime of invoices and vouchers for imported goods circulating in the market.

Pursuant to Decree No. 92/2006/ND-CP dated September 7, 2006 of the Government on the preparation, approval, and management of overall socio-economic development planning, and Decree No. 04/2008/ND-CP dated January 11, 2008 amending and supplementing certain articles of Decree No. 92/2006/ND-CP dated September 7, 2006 of the Government on the preparation, approval, and management of overall socio-economic development planning;

Pursuant to Decree No. 99/2006/NĐ-CP dated September 15, 2006 of the Government on inspection work related to policy implementation, strategy, planning, and programs;

Pursuant to Decree No. 84/2009/NĐ-CP dated October 15, 2009 of the Government on gasoline and oil business;

Pursuant to Decree No. 107/2009/NĐ-CP dated November 26, 2009, promulgated by the Government on the business of liquefied petroleum gas;

Pursuant to Decree No. 12/2009/ND-CP dated February 10, 2009 of the Government on project management for investment in construction works, and Decree No. 83/2009/ND-CP dated October 15, 2009 amending and supplementing certain articles of Decree No. 12/2009/ND-CP dated February 10, 2009 of the Government on project management for investment in construction works;

Pursuant to Decree No. 15/2013/ND-CP dated February 6, 2013 of the Government on quality management for construction works;

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;

At the proposal of the Director of the Planning Department,

The Minister of Industry and Trade issues this Circular regulating the procedures and processes for supplementing, adjusting planning and managing investment for construction projects of oil storage facilities, liquefied petroleum gas (LPG) storage facilities, and liquefied natural gas (LNG) storage facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the procedures and processes for supplementing, adjusting planning for new construction or expansion projects of oil storage facilities, liquefied petroleum gas (LPG) storage facilities, and liquefied natural gas (LNG) storage facilities, and the management of investment projects for construction of oil storage facilities, LPG storage facilities, and LNG storage facilities (including both terminal storage facilities and downstream storage facilities).

Article 2. This Circular does not apply to construction projects of bonded warehouses for goods, crude oil storage facilities, lubricating oil storage facilities, liquid asphalt storage facilities, and other petrochemical product storage facilities; gasoline storage tanks and LPG storage tanks at oil refineries; gasoline storage tanks at retail fuel stations; fueling stations for automobiles; LPG refilling stations; gasoline storage tanks serving only military needs and internal needs of enterprises; LPG/LNG supply stations and storage tanks for industrial consumers, apartment buildings, and high-rise buildings.

Article 2. Applicability

This Circular applies to:

a) Organizations and individuals (investors) having construction projects of oil storage facilities, LPG storage facilities, and LNG storage facilities within the territory of the Socialist Republic of Vietnam;

b) Agencies, units, and individuals related to the management of oil storage facilities, LPG storage facilities, and LNG storage facilities.

Article 3. Explanation of Terms

Point 1. Gasoline storage tanks, LPG storage tanks, and LNG storage tanks are construction works designed for storing gasoline, LPG, and LNG, respectively, and comply with legal regulations on technical standards, fire safety, and environmental hygiene.

Point 2. An oil storage facility is an area containing one or more gasoline storage tanks for storing, supplying, and distributing gasoline.

Point 3. An LPG storage facility or an LNG storage facility is an area containing one or more LPG or LNG storage tanks for storing, supplying, and distributing LPG or LNG.

Point 4. A terminal oil storage facility or LPG/LNG storage facility is capable of receiving oil, LPG, or LNG from transportation vessels or pipelines from oil refineries or through pipeline systems.

Point 5. A downstream oil storage facility or LPG/LNG storage facility receives oil, LPG, or LNG from terminal storage facilities.

Point 6. New construction of oil storage facilities, LPG storage facilities, and LNG storage facilities means implementing construction projects of such facilities at locations where there are currently no such facilities.

Point 7. Expansion of oil storage facilities, LPG storage facilities, and LNG storage facilities means implementing construction projects to increase the capacity of existing facilities.

Investor is an organization or individual established as a business entity under the Enterprise Law, registered to operate in the business of oil, LPG, or LNG in Vietnam.

Chapter II

PROCEDURES AND PROCESSES FOR REVIEWING AND APPROVING THE SUPPLEMENTATION AND ADJUSTMENT OF PLANNING FOR INVESTMENT CONSTRUCTION PROJECTS OF OIL STORAGE FACILITIES, LPG STORAGE FACILITIES, AND LNG STORAGE FACILITIES

Article 4. Documents for requesting review and approval of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

1. Prior to establishing an investment project for construction, the Investor shall be responsible for preparing the documents for requesting supplementary and adjusted planning for new or expanded fuel storage facilities, LPG storage facilities, and LNG storage facilities, to submit to the competent authority for examination and approval in accordance with Article 6 of this Circular.

2. The documents for requesting supplementary and adjusted planning for new or expanded construction investment projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities include:

a) A request document for supplementary planning for investment projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities in accordance with the model prescribed in Appendix I attached to this Circular;

b) A certified copy of the document approving the investment location issued by the competent authority at the local level;

c) A certified copy of the Business Registration Certificate registering the business operation of fuel, LPG, or LNG;

d) A preliminary report on the necessity of the investment project, supply-demand balance of fuel, LPG, or LNG in the region, suitability regarding location, scale, capacity, technical safety requirements: fire prevention and extinguishing plans, environmental protection plans, safe distances for fuel storage facilities, LPG storage facilities, and LNG storage facilities, investment project schedule, business operation plan calculation, and investment project effectiveness;

đ) The proposed technological scheme and main technological equipment for fuel storage facilities, LPG storage facilities, and LNG storage facilities;

e) Main technical systems and infrastructure of the facility;

g) Investment capital arrangement plan;

h) A certified copy of the bank or financial institution's loan financing commitment letter (if any);

i) A certified copy of the company's financial reports for the last three (3) years if the company has been operating for more than three (3) years, or the financial reports for the last two (2) years or the last one (1) year if the company has been operating for less than two (2) years or one (1) year. Newly established companies or those operating for less than one (1) year are not required to submit company financial reports;

k) List of national standards (TCVN) and national technical regulations (QCVN) that have been applied or equivalent international standards in compliance with current laws;

l) Main design drawings of the facility (site plan, technology schematic diagram, connection drawings with regional infrastructure (transportation, urban...));

3. The number of sets of documents for requesting supplementary and adjusted planning for new or expanded construction investment projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities to be submitted to the Review Board is stipulated as follows:

a) In the case where the Review Board is established by the Ministry of Industry and Trade, eleven (11) sets of documents must be submitted, including one (1) set containing valid documents as prescribed in Clause 2 of this Article and ten (10) sets being photocopies from the original set;

b) In the case where the Review Board is established by the People's Committee of the province, nine (9) sets of documents must be submitted, including one (1) set containing valid documents as prescribed in Clause 2 of this Article and eight (8) sets being photocopies from the original set of documents.

Article 5. Principles for considering requests for review and approval of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

In the event that two (2) or more enterprises simultaneously request to supplement and adjust their investment projects for constructing fuel storage facilities, LPG storage facilities, and LNG storage facilities in the same area within the planning, the priority order for reviewing and approving supplementary and adjusted planning will be considered based on the following criteria in sequence:

1. Investment efficiency: Priority given to enterprises that can prove their projects are more efficient;

2. Investment form: Priority given to enterprises with expansion projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities;

3. Scale, financial capability, and reputation of the enterprise: Priority given to enterprises with larger scale, healthier financial status, and higher reputation;

4. Investor: Priority given to key enterprises and enterprises headquartered in the locality where the project is implemented.

Article 6. Competence to review, approve supplementary adjustments to planning

1. Competence to review the application dossier for supplementary adjustment to planning for investment projects to construct oil storage facilities, liquefied petroleum gas (LPG) storage facilities, and liquefied natural gas (LNG) storage facilities:

a) The Ministry of Industry and Trade shall review the application dossiers for supplementary adjustment to planning for investment projects to construct oil storage facilities with a total capacity of tanks of 5,000 cubic meters or more, LPG storage facilities with a total capacity of containers of 5,000 cubic meters or more, and LNG storage facilities with a total capacity of containers of 5,000 cubic meters or more.³ with a total storage tank capacity of 5,000 cubic meters or more, for LPG storage facilities³ with a total storage tank capacity of 5,000 cubic meters or more, for LNG storage facilities³ /second or more;

b) The Department of Industry and Trade shall review the application dossiers for supplementary adjustment to planning for investment projects to construct oil storage facilities with a total capacity of tanks over 210 cubic meters up to 5,000 cubic meters, LPG storage facilities with a total capacity of containers under 5,000 cubic meters, and LNG storage facilities with a total capacity of containers under 5,000 cubic meters.³ to less than 5,000 cubic meters³, for LPG storage facilities with a total storage tank capacity of less than 5,000 cubic meters³, for LNG storage facilities with a total storage tank capacity of less than 5,000 cubic meters³.

2. Competence to approve supplementary adjustment to planning for investment projects to construct oil storage facilities, LPG storage facilities, and LNG storage facilities:

a) The Prime Minister shall approve supplementary adjustment to planning for investment projects to construct oil storage facilities with a total capacity of tanks of 100,000 cubic meters or more, LPG storage facilities with a total capacity of containers of 10,000 cubic meters or more, and LNG storage facilities with a total capacity of containers of 100,000 cubic meters or more.³ with a total storage tank capacity of 10,000 cubic meters or more, for LPG storage facilities³ with a total storage tank capacity of 100,000 cubic meters or more, for LNG storage facilities³ /second or more;

b) The Minister of Industry and Trade shall approve supplementary adjustment to planning for investment projects to construct oil storage facilities with a total capacity of tanks from 5,000 cubic meters to less than 100,000 cubic meters, LPG storage facilities with a total capacity of containers from 5,000 cubic meters to less than 10,000 cubic meters, and LNG storage facilities with a total capacity of containers from 5,000 cubic meters to less than 100,000 cubic meters, and also approve supplementary adjustment to planning for other investment projects to construct oil storage facilities, LPG storage facilities, and LNG storage facilities within the development plan for oil, LPG, and LNG established and approved by the Ministry of Industry and Trade.³ to less than 100,000 cubic meters³, for LPG storage facilities with a total storage tank capacity from 5,003 to less than 10,000 cubic meters³, for LNG storage facilities with a total storage tank capacity of 5,000 cubic meters or more³ to less than 100,000 cubic meters³ and approve supplementary and amended planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities included in the development plan for fuel, LPG, and LNG established and approved by the Ministry of Industry and Trade;

c) The Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the provincial-level People's Committee) shall approve supplementary adjustment to planning for investment projects to construct oil storage facilities with a total capacity of tanks over 210 cubic meters within the development plan for oil, LPG, and LNG established and approved by the provincial-level People's Committee.³ to less than 5,000 cubic meters³, for LPG storage facilities with a total storage tank capacity of less than 5,000 cubic meters³, for LNG storage facilities with a total storage tank capacity of less than 5,000 cubic meters³ included in the development plan for fuel, LPG, and LNG established and approved by the People's Committee of the province.

Article 7. Review Board for supplementary adjustment to planning for investment projects to construct oil storage facilities, LPG storage facilities, and LNG storage facilities

1. The Review Board shall be established by the Ministry of Industry and Trade: The Planning Department shall take the lead, coordinating with relevant agencies and units to submit to the Minister of Industry and Trade for approval of the decision to establish the Review Board for supplementary adjustment to planning for investment projects to construct oil storage facilities, LPG storage facilities, and LNG storage facilities as stipulated in point a, Clause 1, Article 6 of this Circular.

2. The Review Board shall be established by the provincial-level People's Committee: The Department of Industry and Trade shall take the lead, coordinating with relevant agencies and units to submit to the Chairman of the provincial-level People's Committee for approval of the decision to establish the Review Board for supplementary adjustment to planning for investment projects to construct oil storage facilities, LPG storage facilities, and LNG storage facilities as stipulated in point b, Clause 1, Article 6 of this Circular.

3. The minimum number of members, composition, and structure of the Review Board for supplementary adjustment to planning for investment projects to construct oil storage facilities, LPG storage facilities, and LNG storage facilities are specified in Appendix II attached to this Circular.

4. In cases where necessary, the Review Board may engage consulting organizations or individuals with the appropriate qualifications to participate in the review process.

Article 8. Procedures and formalities for reviewing and approving supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

1. The investor shall submit directly or through postal service the application dossier for supplementary and adjusted planning for new or expanded investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities to the competent authority as stipulated in Article 6 of this Circular.

2. In case the application dossier for supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities is incomplete as prescribed in Clause 2, Article 4 of this Circular, within five (05) working days from the date of receipt of the dossier, the unit responsible for reviewing supplementary and adjusted planning shall send a written notice to the investor requesting to supplement the dossier.

Within five (5) working days from the date of receiving the complete and valid dossier of the investor as prescribed in Clause 2, Article 4 of this Circular, the unit responsible for reviewing supplementary and adjusted planning shall submit to the Minister of Industry and Trade (for supplementary and adjusted planning within the jurisdiction of the Ministry of Industry and Trade) or the Chairman of the Provincial People's Committee (for supplementary and adjusted planning within the jurisdiction of the Provincial People's Committee) to issue a Decision establishing the Review Board as provided for in Article 7 of this Circular.

3. Soliciting opinions during the organization of review and examination of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

a) Within five (5) working days from the date of the decision to establish the Review Board, the unit responsible for reviewing supplementary and adjusted planning shall send the dossier for review and examination of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities to the members of the Review Board to solicit their opinions.

b) Within fifteen (15) working days from the date of receiving the dossier for review and examination of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities, the members of the Review Board must send their written comments to the unit responsible for reviewing supplementary and adjusted planning for consolidation.

4. Holding a review meeting to examine supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

a) Within fifteen (15) working days from the date of receiving the opinions of the Review Board members, the unit responsible for reviewing supplementary and adjusted planning shall compile the opinions and report to the Chairman of the Review Board on organizing the review meeting to examine supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

b) Conditions for holding a review meeting to examine supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities: At least two-thirds (2/3) of the Review Board members must attend, including the Chairman of the Review Board, one (1) opposing member, and a permanent member of the Review Board.

c) The Chairman of the Review Board may invite non-member representatives to attend the review meeting. Invited representatives can participate in discussions but cannot vote.

5. Documents adopted at the review meeting to examine supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities include:

a) Minutes of the review meeting to examine supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities according to the model attached as Appendix III to this Circular.

b) Minutes of the ballot evaluating investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities by the Review Board.

6. Voting on investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities proposed for supplementary and adjusted planning by the Review Board.

a) The Review Board shall vote on investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities for supplementary and adjusted planning using the voting slips of the Review Board members according to the model attached as Appendix IV to this Circular.

b) The result of the vote on investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities for supplementary and adjusted planning shall be compiled based on the principle that:

- Supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities will be approved when at least two-thirds (2/3) of the Review Board members attending the review meeting agree, but not less than fifty percent (50%) of the members present at the meeting vote in favor of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities.

- The application dossier for supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities must be revised and supplemented with content if there is at least one request for revision or supplementation.

7. Completing the application dossier for review and approval of supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities and submitting it to the competent state management agency for approval.

a) Based on the results of the vote on supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities and the documents adopted at the review meeting to examine supplementary and adjusted planning for investment projects to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities as stipulated in Clauses 5 and 6 of this Article, the unit responsible for reviewing supplementary and adjusted planning shall require the investor to complete the dossier in cases where at least one member of the Review Board requests revisions or supplements to the content.

b) Within ten (10) working days from the date of receipt of the Project File completed by the Investor in accordance with the requirements of the Appraisal Council, the permanent appraisal unit shall supplement and adjust the planning for submission to the competent state management agency as stipulated in Clause 2, Article 6 for consideration and approval of the Decision on Supplementing and Adjusting the Planning. In cases where there is no supplementation or adjustment of the planning for investment projects of fuel storage facilities, liquefied petroleum gas (LPG) storage facilities, and liquefied natural gas (LNG) storage facilities, the permanent appraisal unit must issue a notification to the Investor and clearly state the reasons.

c) In cases where the Application for Appraisal and Approval of Supplementing and Adjusting the Planning for investment projects of fuel storage facilities, LPG storage facilities, and LNG storage facilities under the jurisdiction of the Department of Industry and Trade for appraisal and the Ministry of Industry and Trade for approval as provided for in Point b, Clause 1 and Point b, Clause 2, Article 6 of this Circular, within ten (10) working days from the date of receipt of the Application, the Department of Planning, Ministry of Industry and Trade shall be responsible for coordinating with relevant agencies and units to review and appraise the report on the results of the provincial-level Appraisal Council before submitting it to the Ministry's leadership for consideration and approval of the Supplementing and Adjusting the Planning according to regulations. In cases where the supplementation or adjustment of the planning is not approved, a notification must be issued to the Department of Industry and Trade and the reasons must be clearly stated.

Chapter III

MANAGEMENT OF INVESTMENT PROJECTS FOR THE CONSTRUCTION OF FUEL STORAGE FACILITIES, LPG STORAGE FACILITIES, AND LNG STORAGE FACILITIES

Article 9. Management of Investment Projects for the Construction of Fuel Storage Facilities, LPG Storage Facilities, and LNG Storage Facilities

1. The construction of investment projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities must comply with the approved development plans for fuel, LPG, and LNG.

2. Provincial People's Committees may only issue Investment Certificates for fuel storage facility, LPG storage facility, and LNG storage facility projects when the following conditions are met:

a) They belong to the list determined in the Development Plan for Fuels, Development Plan for LPG, and Development Plan for LNG approved by the competent state management agency or a decision to supplement the investment project for fuel storage facilities/LPG storage facilities/LNG storage facilities into the plan.

b) In cases where two (2) or more enterprises apply for permission to construct fuel storage facilities, LPG storage facilities, and LNG storage facilities at the same location at the same time, which are consistent with the approved development plans for fuels, LPG, and LNG, they shall be processed in accordance with the priority order specified in Article 5 of this Circular.

3. New construction or expansion of fuel storage facilities, LPG storage facilities, and LNG storage facilities can only commence when the following conditions are met:

a) There is a written approval from the specialized management agency regarding the scale and progress of the project, specifically:

- Written approval from the Ministry of Industry and Trade for investment projects of fuel storage facilities with a total tank capacity of 5,000 cubic meters or more; LPG storage facilities with a total tank capacity of 5,000 cubic meters or more; LNG storage facilities with a total tank capacity of 5,000 cubic meters or more;³ with a total storage tank capacity of 5,000 cubic meters or more; LPG storage facility projects with a total storage tank capacity of 5,000 cubic meters or more³ with a total storage tank capacity of 5,000 cubic meters or more; LNG storage facility projects with a total storage tank capacity of 5,000 cubic meters or more³ /second or more;

- A consent document from the Department of Industry and Trade for investment projects for fuel storage facilities with a total storage tank capacity exceeding 210 cubic meters³ to less than 5,000 cubic meters³- Written approval from the Department of Industry and Trade for investment projects of fuel storage facilities with a total tank capacity exceeding 210 cubic meters; LPG storage facilities with a total tank capacity less than 5,000 cubic meters; LNG storage facilities with a total tank capacity less than 5,000 cubic meters.³; for LNG storage facility projects with a total storage tank capacity of less than 5,000 cubic meters³;

b) There is a technical review opinion on the design after the basic design stage of the fuel storage facility, LPG storage facility, and LNG storage facility project by the competent state management agency in accordance with the laws on investment project management and construction.

4. The construction of fuel storage facilities, LPG storage facilities, and LNG storage facilities must be carried out in accordance with the laws on investment project management and construction, fire prevention and fighting, and environmental protection.

5. Seeking opinions on the basic design of investment projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities

For investment projects for the construction of fuel storage facilities, LPG storage facilities, and LNG storage facilities within urban areas, the Investor must seek the opinion of the Ministry of Industry and Trade on the basic design for national key projects and Group A projects, and seek the opinion of the Department of Industry and Trade for Group B and C projects. For other projects, the request for opinions on the basic design is decided by the person deciding on the investment when deemed necessary.

National key projects, Group A, B, and C projects are detailed in Appendix I of Decree No. 12/2009/ND-CP dated February 10, 2009, of the Government on the management of investment projects for construction works.

6. Technical design review of fuel storage facilities, LPG storage facilities, and LNG storage facilities

a) The Ministry of Industry and Trade reviews the technical design of fuel storage facilities, LPG storage facilities, and LNG storage facilities of Class I and above regardless of the source of funding for the project;

b) The Department of Industry and Trade coordinates with relevant agencies and units to review the technical design of fuel storage facilities, LPG storage facilities, and LNG storage facilities of Class II and III regardless of the source of funding for the project.

Classification of special class, Class I, II, and III projects for fuel storage facilities/LPG storage facilities/LNG storage facilities is detailed in Appendix 1 of Circular No. 13/2013/TT-BXD dated August 15, 2013, of the Ministry of Construction on the review, appraisal, and approval of construction designs.

7. Conducting quantitative risk assessment for fuel storage facilities, LPG storage facilities, and LNG storage facilities

The implementation of quantitative risk assessment for fuel storage facilities, LPG storage facilities, and LNG storage facilities is detailed in Circular No. 50/2012/TT-BCT dated December 28, 2012, promulgating the National Technical Regulation on Acceptable Risk Levels in Quantitative Risk Assessment for Oil and Gas Activities, Fuels, Chemicals, and Thermal Power.

8. Investment projects for fuel storage facilities, LPG storage facilities, and LNG storage facilities using state budget funds

a) Investment projects for the construction of fuel storage facilities, LPG storage facilities, and LNG storage facilities using state budget funds must have the opinion of the Ministry of Industry and Trade on the investment policy, project establishment, investment decision, design preparation, budget estimation, contractor selection, construction until completion, handover, and operation of the fuel storage facilities, LPG storage facilities, and LNG storage facilities;

b) For projects of enterprises using credit guaranteed by the State and credit for investment and development of state-owned enterprises, the opinion of the Ministry of Industry and Trade on the investment policy and scale must be obtained;

c) Construction projects of fuel storage facilities, LPG storage facilities, and LNG storage facilities decided on investment by the Minister of Industry and Trade will be reviewed by the Ministry of Industry and Trade.

9. For the list of petroleum storage projects, liquefied petroleum gas (LPG) storage projects, and liquefied natural gas (LNG) storage projects in the approved planning scheme that have identified the Investor, when transferring the Investor, written approval from the competent authority that approved the Planning Scheme must be obtained.

Article 10. Termination of Implementation of Projects

1. Within twelve (12) months from the date of the Decision supplementing the planning scheme for petroleum storage/LPG/LNG storage projects which have been approved by the competent authorities, if the Investor does not prepare the Investment Report for construction works and commence construction of the main components of the project, the Department of Industry and Trade shall be responsible for reviewing and proposing the People's Committee of the province to revoke the Certificate of Investment, except in cases where there are valid reasons accepted by the competent authority for temporarily suspending or delaying the implementation of the project.

2. The acceptance of temporary suspension or delay of the project can only be implemented once and for a maximum period of twelve (12) months.

3. The People's Committee of the province shall report and recommend to the competent state management agency to assign the petroleum storage/LPG/LNG storage project whose Certificate of Investment has been revoked to another investor for implementation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Responsibilities of State Management Agencies

Article 4. Responsibilities of the Department of Planning

a) Is the permanent unit responsible for supplementing and adjusting the planning scheme for investment construction projects of petroleum storage facilities, LPG storage facilities, and LNG storage facilities within the scope of its authority to review and approve under the Ministry of Industry and Trade;

b) Shall take the lead and coordinate with relevant agencies and units to organize regular inspections or spot checks when necessary on the implementation of the approved development planning for petroleum, LPG storage, and LNG storage facilities and the provisions of this Circular throughout the country, promptly preventing and handling violations;

c) Shall take the lead and coordinate with specialized agencies to inspect the completion and handover of construction works for petroleum storage, LPG storage, and LNG storage projects of Class I and above, regardless of the source of funding for the project;

d) Shall take the lead in inspecting the completion and handover of construction works for petroleum storage, LPG storage, and LNG storage projects decided to be invested in by the Ministry of Industry and Trade;

e) Develop plans to inspect state management work related to the quality of construction works for petroleum storage, LPG storage, and LNG storage facilities; inspect the management work of Departments of Industry and Trade regarding the quality of petroleum storage, LPG storage, and LNG storage facilities at the local level;

2. Responsibilities of the Department of Industry and Trade

a) Is the permanent unit responsible for supplementing and adjusting the planning scheme for investment construction projects of petroleum storage facilities, LPG storage facilities, and LNG storage facilities within the scope of its authority to review or approve under the People's Committee of the province;

b) Shall take the lead and coordinate with local functional agencies to inspect the implementation of the approved development planning for petroleum, LPG storage, and LNG storage facilities and the provisions of this Circular within their jurisdiction; promptly prevent and handle violations, and report to the Ministry of Industry and Trade when necessary;

c) Shall take the lead and coordinate with specialized agencies to inspect the completion and handover of construction works for petroleum storage, LPG storage, and LNG storage projects of Class II and III, regardless of the source of funding for the project;

d) Develop plans to regularly inspect the management work related to the quality of construction works for petroleum storage, LPG storage, and LNG storage facilities within their jurisdiction.

Article 12. Responsibilities of the Project Investor

The project investor constructing oil storage facilities, LPG storage facilities, LNG storage facilities added to the planning scheme shall bear legal and material responsibility before the law for violations of the provisions of this Circular.

Article 13. Reporting System on Project Implementation

1. Periodic reports

a) By January 15 each year, the project investor must submit a report on the implementation status of the investment projects for oil storage facilities, LPG storage facilities, LNG storage facilities listed in the Development Plan for Oil Storage Facilities, LPG Storage Facilities, LNG Storage Facilities approved by the competent authority to the Department of Industry and Trade for management and monitoring;

b) By January 31 each year, the Departments of Industry and Trade of provinces and centrally governed cities where there are investment projects for oil storage facilities, LPG storage facilities, LNG storage facilities listed in the Development Plan for Oil Storage Facilities, LPG Storage Facilities, LNG Storage Facilities approved by the competent authority shall be responsible for submitting reports on the implementation status of these projects to the Ministry of Industry and Trade for management and monitoring.

2. Ad hoc Reports: In cases deemed necessary, the project investor and the Departments of Industry and Trade shall be responsible for submitting reports on the implementation status of investment projects for oil storage facilities, LPG storage facilities, LNG storage facilities listed in the Development Plan for Oil Storage Facilities, LPG Storage Facilities, LNG Storage Facilities approved by the competent authority according to the requirements of the competent authority.

Article 14. Effective Date

1. This Circular takes effect from February 15, 2014, and replaces Decision No. 422/2003/QĐ-BTM dated April 11, 2003, issued by the Minister of Commerce on the issuance of Investment Construction Regulations for Oil Storage Facilities throughout the country.

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./."