Decree No. 47/1999/NĐ-CP Amending and Supplementing the Provisions on Safeguarding the Safety of Petroleum Facilities, issued together with Decree No. 10/CP dated February 17, 1993 of the Government.

DECREE OF THE GOVERNMENT

Amending and supplementing the regulations on the protection of safety for petroleum facilities,issued together with Decree No. 10/CP dated February 17, 1993 of the Government

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

At the proposal of the Minister of Trade,

 DECREE:

Article 1. Amending and supplementing some Articles of the regulations on the protection of safety for petroleum facilities issued together with Decree No. 10/CP dated February 17, 1993 of the Government as follows:

1- Amending Clause 1 and Points a, b, h of Article 5, Chapter II as follows:

Article 5. Regarding main pipelines conveying petroleum products.

1. The scope of ensuring safety for main pipelines conveying petroleum products of Class IV (pipelines with a diameter smaller than 300 mm and operating pressure greater than 25 kg/cm²), Class V (pipelines with a diameter smaller than 300 mm and operating pressure greater than 16 kg/cm² but not exceeding 25 kg/cm²), buried underground from 0.6 meters to 1 meter deep, measured from the pipeline axis towards both sides up to other facilities as specified below:²), Class V (pipes with a diameter less than 300 mm and operating pressure greater than 16 kg/cm² and not exceeding 25 kg/cm²),² ), buried at a depth of from 0.6 meters to 1 meter below ground level, measured from the centerline of the pipe in both directions towards other specified structures, is regulated as follows:²shall be buried at a depth of from 0.6 meters to 1 meter below ground level, measured from the centerline of the pipeline in both directions to other works as specified as follows:

a) Residential buildings and facilities within cities, towns, townships, villages, densely populated areas (schools, clubs, kindergartens, hospitals, nursing homes, bus stations, industrial zones, industrial enterprises, and airports...):

60 meters for Class IV pipelines

25 meters for Class V pipelines

b) Separate residential buildings, livestock farms, agricultural and forestry warehouses, plantation areas, grazing fields, and orchards:

50 meters for Class IV pipelines

20 meters for Class V pipelines

...

h) Overhead high-voltage power cables running parallel to Class IV and V petroleum product pipelines must ensure a distance from the pipeline equal to at least the height of the tallest power pole plus an additional 10 meters.

2- Supplementing Points k, l, m, n to Clause 1 of Article 5 as follows:

k) Communication towers and radio transmitters:

100 meters for Class IV pipelines

75 meters for Class V pipelines

l) Natural gas compression stations, natural gas distribution stations, fuel dispensing stations, and fuel export stations:

30 meters for Class IV pipelines

20 meters for Class V pipelines

m) Petroleum storage tanks and natural gas storage tanks with a capacity of 1,000 cubic meters or more:

75 meters for Class IV pipelines

30 meters for Class V pipelines

n) Mining areas and exploration drilling sites:

30 meters for Class IV pipelines

15 meters for Class V pipelines

3- Amending Article 6, Chapter III as follows:

Article 6.

Petroleum facilities are state assets, classified as national security facilities that are prone to fire and explosion, causing significant losses to human lives and property, and must be ensured safe.

Ensuring the safety of petroleum facilities is the responsibility of the management agencies of petroleum facilities, People's Committees at all levels, Ministries, sectors, and all strata of the people. All organizations and individuals have the obligation to strictly comply with the regulations on the protection of safety for petroleum facilities; when discovering violations of these regulations, they must immediately report to the nearest authorities, police, and management agencies of petroleum facilities for prompt handling.

4- Amending Article 10, Chapter III as follows:

Article 10.

1. Houses and facilities constructed in compliance with the law at the time of construction, now located within the scope of ensuring safety for petroleum facilities, must be demolished and relocated. The owners or lawful users of these facilities and houses shall be entitled to compensation and indemnity according to the provisions of the law.

2. Houses and facilities constructed in violation of the law (at the time of construction), now located within the scope of ensuring safety for petroleum facilities, must be compulsorily demolished and relocated; the owners of houses and facilities will not receive compensation and must bear their own relocation costs.

3. Provincial People's Committees and municipal People's Committees directly under the central government shall direct the clearance of land, establish plans for compensation and relocation. The level of compensation for losses and relocation costs shall be determined according to the law, and the management agencies of petroleum facilities shall be responsible for payment. These compensation and relocation costs shall be included in the cost of petroleum facilities or the circulation fees of the managing units. In cases where there are financial difficulties, the management agencies of petroleum facilities shall submit to the competent authority for consideration and support.

5- Amending Article 14, Chapter IV as follows:

Article 14.

Organizations and individuals who have achievements in protecting the safety of petroleum facilities shall be rewarded according to the regulations of the State.

Organizations and individuals who struggle against violations of the safety of petroleum facilities and suffer losses to their personal lives and property shall be compensated according to the law. In cases where the losses require the implementation of policies and benefits, the management agency of the petroleum facility shall report to the management agency of the organization or individual suffering losses or the local authority where the person suffered losses to request the competent authority to handle according to the regulations.

Article 2. This Decree shall take effect fifteen days from the date of signature.

Article 3. The Minister of Trade and the Minister of Public Security are responsible for guiding and supervising the implementation of this Decree.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.