Decree No.03/2002/ND-CP on the protection of petroleum security and safety

Article 4.- 1. All organizations and individuals, when detec~ DECREE No. 03/2002/ND-CP OF JANUARY 7, ting signs of incident, incidents or acts of infringing 2002 ON THE PROTECTION OF PETROLEUM upon petroleum security and safety, must strive to stop SECURITY AND SAFETY and immediately notify them to the nearest police or army offices, local administmtions or other agencies THE GOVERNMENT or organizations for timely handling and damage prevention. Pursuant to the Law on Organiiation of the Government of September 30, 1992; 2. The agencies and organizations mentioned in Clause-.1 of tlifs Article, upon receiving the information Pursuant to the July §, 1Q93 Petroleum Law and related to petrQleuni {:iecurity and/or safety infringe- the June Q, 2000 LaWAmend!ng and Supplementing ment, shall have to C(}ordinate with the functional units a Number of Aiticf(!s of the Petroleum Law; for timely handnng_ anq damage prevention. At the proposal Of the Minister of Public Security,

Article 5.- ln thi$-Decre\3, th·e·tollowlng terms and DECREES: expressions are con$tri.1E!d:as.JollOws: 1. "Petroleum Sel:\Jfify" pti:~,tt-~ation" means taking Chapter I measures to pr19ve:nt, ,qet,e:C~ :sfoP:. a~d ,handle acts o1 violating or harmi1_1g)h~ ·frti'piefl)~rJ.51(itjl1 of the under- QENERAL PROVISIOl'IS takings, poliqies a_nd 1~\;Ji~l_@.t[o'.~'.-qn_'._th~ development of Vietri'~i_n'J.,:~~trOle.urrt seotqr; ·Protecting internal

Art1ci$.1:~ TJ1is:D!:1Cre~iprescribes the measures security of P8fr0feUrr:i :agencies and enterprises; and respon.sibfilftt;!S pf ·!hEi agencies, organizations safeguardil'J!;lJHe ..St"i:ite;S secrets; Zlnd protecting and ihdividuals for protectiOM of petroleum security petroleum aat~lti$$'>Ss well as pefroleum projects, and s-~fet1/. · · means and,.~(lUiArfl~nt. ., , ArticJ&-2:,- lh\l.:fDecrE!.e governs Petrbleum activities 2. ~Petroteurn--'sate\Y 'Pro.tecfion "means taking and petrorE"lum_.ptOjects·~ ·means -8$; well as equipment measures to·,pteVent'. ,detect, .stbp and handle acts of of Vietnam Oil arid ·eas·Co(poration and its partners, violating th~'tfrovisionS_orrthe prevention and fighting including: prOflPliction, exploration and development of exploston~. fires; accidents and technical break- o1 oil fields, ex.p.to\tation, tr~msportation, storing, downs with a view to ensuring satety for humans, as processing, technical services, scientific research well as petroleum projects, means, equipment and conducted on the mainland, islands, in the inland water, activities, and protecting the ecological environment the territorial waters, the e~clus1ve economic zone and the continental shelf of the Socialist Republic of 3. "Petroleum projects, means and equipment" mean Vietnam. derricks, pipelines, storehouses, factories, wharves and other projects, .means and equipment in service of

Article 3,- petroleum activities, including those in service of petroleum activities on the basis of cooperation with 1 To protect petroleum security and safety is the foreign countries in regions beyond the jurisdiction of obligD!ion m.> well as the rcsponr,ihility of org<miz:.1tions tile Socialist Republic of Vietnam. and individuals conducting pntroleum activities, State bodies, socio-political organizations, economic orga11i-· Chapter II zations, people's armed force 1Jnits arid evt.:ry dti1,~mi. 2. All acts of vinlatino tt1is Decree and ott·1nr luw PE=.'fROLEUM SECURITY PF~OTl:CTION provi;;ions rt1icJted tD pet101nu111 SC(~urity a1KI :;,ih,,ty niust ho (tf.~t,w!r"(l i11 timri :;11d ,~tridly 11,1ndhl r1U'(\rrlintJ .,,.,,:11ritv ;ll(' t(1 p1r:vrn1t, dek•ct, ,dnp mid h:.irirJlinq tll(·: lc1horcr'.i, 11111st i>1ti(:tly corn ply with the Victnnrn,·)~,c lnw D!low11)SJ act:,: pnivision:; 011 lalior. ·1 /Jey, after recruiting Jaborm:;, must send noticE-;s thereon toqett1er with the copies of 1 Al'Ju)..1nr1 pc:tmluun1 nctiv1ti,is to i11fnnrJe upon the labor -r;ontrnct,; to Vietnam Oil and C3as .he natlona! scct1rity, the ~(ivun~111nty ,.111d ~;overe1gnty Corporation. isJht~; of the Sociali:>I f~t;public of Vietnam. J. Foreig11 petmlmim corilractors, forcign--inver.tvd 2. Indirectly or directly sr1botaqino petroleurn potrole11111 (-:11terprises, when sendiny Vir~tnarnesc ~gencies and/or cntcHpri:>es, petroleum projects, lfiborern to work or study <1broad, must notify Victne1m nmms and equipment. Oil and Gus Corporation of tt1e lists of the delegation 3. lnfringinq t1pon petr'Olewn 8ctivities, causing members and the working or study progmrns. Jamage to the State's 8ssets, the national interests md/or U1e legitin1ate interests of organizations and Article 10.- naividua/s conducting petroleum activities. "1. Foreigners and overseas Vietnamese working 4. Disclosin9 t11e State's secrets in petroleun1 for foreign contractors, or foreigil-lnvested petroleum ~ctivities. enterprises in Vietnam must strictly observe the Vietnamese laws and the international agreements 5. Har.ming the implementatton of undertaking$, which Vietnam has signed or acceoed to. )0i\cies and legislation on the development of the )etro\eum sector._ 2. Vietnam Oil and Gas Corporatlon may request foreign contractors and foreign-invested petroleum Art;cle 7.~ Before-starting petroleum activities in enterprises to terminate labor contracts with laborers /ietnam, all organizations and individuals must draw when detecti11g evidences of violations of Vietnamese JP plans and schemes to protect petroleum actlvities laws. !S 'Nell as petroleum projects, means and equipment lCC0rding to the regulations of the Ministry of Public Article 11.- lnforma1ion categorized as State )e\~urity. The protection plans and schemes must be secrets in the petroleum sector, when being transmitted or•fllarded to Vietnam Oil and Gas Corporation for by wired, wireiess comm_unfcations means or other :onrdinated implementation. technical means, must be enc:oded according to the State's regulations on_the cipher work

Article 8.~ To strictly prohibit the exchange or publication of 1. The recruitment of laborers to work for Vietnam information listed as State secrets in the petroleum .)ii and Gas Corporation must strictly comply with sector on tt1e mass rnedia . he law provisions on labor and other relevant law 1,ri ,visions. Article 12.~ Organizations and individuals conducting petmleurn activities in Vietnam, when using For foreigner~ ond ovflrsou:; Vietnamese, the the computerfzed communication syHtem connected f''- ruitrnent d0sliier,; must contain their judicial with the Internet fn s01vice ofpetrolet1rn activities, slla/1 e:.ords. After bt,ing mc1 uiteiJ, tlmse individuals must have the responsibility to: )p,irate in compliance wit!1 Uiei1 entry purposes. 1. Observe tl1e State't 1·egulat1ons on the 2. Vietnam Oi1' and G;;is Corporation shall /mve to m;tablishrnent, rnanagement r:md use of the )nternet; ,,, mlirwte wit\1 tl1e h111ct1onal St~~te bodies 1n ff· naging activities of for,:l(Jn Jc1bu1er~ and oven;e;is 2. ·rake re::.pon'-;ibility before l:::iw fortl1e information ·Ii tnamese workinn for petroleum contractor!s, contents feel into or transmitted from their computer t·:( resentativc office:·; and (~ntr)rpnser; in Vietnam. sy.stem,~;;

Article 9. - :l. When dPlccti1tg inform~1tion ot 11leqe1I sources i11fi1t.r,1ti11r; int,, Viet11::1rn or lc1w-brenk1no oe:ts in tho ·1 /·nmiun pr:t/ll/1·:111r1 u1nlmctm'.-,. fnHJ1qn inv(dcd l11hc1 not ti.-:;r:. i1rnnedir-1ldy rnrort thc:m to the f1mctionr.il H r~Jlnu111 l')!1h:1-p1i:,<e•,, wh,:n l(·(:n1i\i11q Vicit11c1111win ~;::110 t.iuriic;; to1 hrn1rlli11q. (Jr-I 'ICl/\I. t !/\/f - J rt Chapfor Ill 3 fJli(Jplc 011 working or sight·•Seeinn vb1bi at petroleulll ,.1qc11c10~• or enterprises rmwt <>lrictly PETROLEUM SAFEl Y PROTf.:CTION obsmve th(i internal rules and regulations on reception, worki11g and s11111t-seeing accordinu to tile require-- Article ·tJ.- Orgunizationi; ;J11d incJividuaJc, ments and g1J1drn1ce of the petroleum agencies and c011ductin!-) petroleutn activities in Vietnam shall be enterprises, in 01der to protect security and safety tor obliged to ensure safety for petroleum activities as i:;etroleu1n ac.:tivities ns well a:, petroleum projects, Wl~II as petroleum projects, menns and equipment means and equipment. according to the pmvisions of this Decree, and to observe the Regulation on the safety management in Article 16.- petroleum activities as well as relevant law provisions of Vietnam in order to protect safely human lives and 1 At the petroleum offices, enterprises, projects, health, properties and the environment means and equipment, tt1ere must be appropriate forces to safely protect them, prevent and fight fires

Article 14.- Organizations and individuals and explosions, and prevent and intercept incidents. conducting petroleum activities in Vietnam shall have 2. Security and safety forces must satisfy rlll the responsibility to: conditions on professional gua!ities and qualifications 1. Establish and maintain the safety management and be equipped with necessary means in order to system, ensure effective control of risks throughout fulfill the tasks of protecting pEitroleum security and the operation process from designing, construction, safety within their respective responsibilities. test running, operation, exploitation to dism~ntlement

Article 17.- of projects; 2-. -Establish arid maintain the,emergency aid and 1. For petroleum projects on the- mainland, the rescue system and apply necessary aid and rescue safety corridor~ rr(ust be esta)J:!iShed and there must measures when fires,, explosions, accidents or be forms of- making public the regt,,Jlations on the incidents occur; protection of the s9fety corridors so that everyone can know and conipiy with. 3. Work out emergency aid and re,scue plans compatible with the national emergency aid and rescue 2. In the safety corridor, it i$ strictly forbidden to system, organize regular training and periodical buifd projects, to plant perenrnal trees, burn fires, use exercises according fo the plans; heat- or fire--emitting devices and carry out other activities that may cause harm to petroleum projects. 4. Implement all environmental protection plans and take measures to prevent pollution and overcome 3. Where it is necessary to use a safety corridor consequences caused by environmental pollution for security, defense or other special purposes, the incidents. permission of a competent State bodies must be obtained and measures to ensure safety for petroleum

Article 15.- projects must be taken. ·1. L.aborcm-; expected to work at petroleum 4 The safety coffidorn <.➔ round petroleum projects projects, with petroleum means and/or equipment on the rnainland shall be prescribed by competent must be provided with training in safety knowledge State bodies nt Uie propos~il of Vietnam Oil and Gns and ski!ls according to regulations so that they can CDrporation rn8et !hf~ r<:1qu1rements of the ;rnsignE~d jobs: b~' equipped with adequate labor salety equipment. Arlic/e 18.- 2. Dunnu tti,:: workinri pwcess, l>.1bo1·erG must 1 Orgcrni1atio11s crnd 111divid1ials th;;1t have no strictly observr} t11e regul21tio11:-, on fire p1·1:.•vention arid 1e~p(1nsillility n1·0 strictly forbidder1 to e11crouch upon, fightiw1 <111d lalJ\lt' environ11w11t proto(,tirn1, l.11l'· ,n :;;my out ddivitiei, in ;my fot1n i11, thQ :;,1fety .1.on(": prot0ctirn1 ol llurnrn1 ilculth ~ind live''.> i.rnd ::;;1fnty trn uf otf,;h,,>1·!'; pr>trnl011rr r;mir-,cts, excPp! f01 i>pr:ci:11 petrulP.Ulll lli(ll•:1(:ts, rnea11~; <\tH.l f!(lllip111e11t c;-1:;,,::;, pt:1111itl.c:rt hv th0 I 'l'in1n Minish;r ()ITIC::I/\l GA//:·1TF No. 6 (15-2-2002) 2. The width of the safety zone of an offsl101e rescue when explosions, fires or incidents occur at )i'!roleum project is 500 m outwards calculated from petroleum projects; h-i outermost ecJge of the project or from the m:;;horing position for flouting means. 4. Direct and coordinate with Vietnam Oil and Gas Corporation in building up mass movements to 3. Within two nautical miles calculated from the safeguard the Fatherland's security and organize : rntermost edge of an offshore petroleum project, security forces at units and establishments engaged : rn :ans, boats and ships that have no responsibility in petroleum activities and at petroleum projects, :11.ist not be anchored.

Article 21.- The Ministry of Defense shall have 4. The co--ordinates of the safety zones s1,frroun- the responsibility t_o: ! 1mg offshore petroleum activities or projects shall r)t, announced by the Vietnamese maritime-security 1. Direct it_s ".:attached functional forces to llll(hority at the proposal of Vietn·a~ ·ou and Gas coordinate with the ·police fprce and Vietnam Oil and ,:;orporation. Gas Corporation in prot$ct'ing_security and safety for petroleum activitie·s arid p'r6Jebts; ·participate in Chapter IV patrolling, inspecting, CQnti-Olii,qg ac.ti\lities, seize people and means and harldie- 'ac~·Or~ing to its STATE MANAGt:MENT AND comPetence acts of infrtngi,ri!l.: ypO(li. petroleum RESPONSIB)LITIE;S OF THE MINISTRIES, security and safety; join activiH~'s:g"f,_$earching, I B!~ANCHES ANO PEOPLE'S'COMMITTEES AT salvaging, overcoming incident.sf:ahd;:{)'r~l~o,ting the ALL LEVELS FOF!>PETFIOLEUM SECURITY envitontnent; AND sAti;rv PROTECT10N

Article 19:• Thf--Gover-nment-:t:;ixerois~s the rm,form State f11'an'3,g~men'{ ~v'e(J68 P6trofeum ' .,,,:.' , '< /· ,_ -· l 1,e-.:urity and safety protection, Th~JY1,il11stries and Article 22.- 0-ep~n_ijlng' (!l~·'the natureJand 1)r; nches shall perform thei(~taie· ,r~anagement requirement of the wqrk¢.f'.p!"4iecting a ~u,mber of 1u1,ction of protectiiig,petroleum ':~Eicl\irity.and safety petroleuntpr,ojects lntafld:~~--l;,'~$horei at_ttte·:p'roposa! 11r;· :ord/ng to their re$p~ctive·task$.'8:fid powers. of Vietnam Oil-and Gasi¢'9f1forat1orf,'.-thei,Mlnistry of , '·. ' " Public Security anc!lhoil\iliiist')' ol,Orf&nse shall

Article 20.- The Ministry Of,,ftiblid··S~.c·u,ity shall organize forces t<{pi-◊tti~f,~,8\}ql~i{~,'!~Curity and 11fl.'e the responsibility fo: safety, The otgarJIZ:ati$i1"d(,~ncJ,.fo{tn~'.¢fparticipation in, these protectiori·activitie$' shafl,1>8' guided by the 1. Draft and submit to tile Govertiment Or -the Minister of PuhliC 'secudtY ·arid the Minister of :)r! ne Minister for promu1gati0n Qf promulgate Defense in a joint cli'culi3f,- . 11c. ording to its competence legal docyments guiding 11, implementation of this Decreeand.tha regulations

Article 23.~ The Mini,S;try cif Aquatic Resources 111 the tlandling of administrative violation$ iw and the People's colllmitt~:es of the coastal provinces 1,rii roleum activities; shall direct the provincial/municipal Aquatic Resource 2. Direct the concerned police units to guide and Services and the Aquatic Resource Protection Sub- I(' ,rdinate with Vietnam Oil and Gas Corporation in Departments to coordinate with the border guard and !""' anizing the work of preventing, detecting, stopping the marine police forces in organizing propaganda 11, I t1andling acts of violating the legislation on the nnd education 'for fishermen to understand the ic· roleum security and safety protection; regulations on the petroleum security and safety protection, and disallow ships and boats having no 3. Guide and direct Vietnam Oil and Gas responsibility lo encroach upon the safety zones of i:1 porotion and concerned branches to pertorm the lhP- petroleum projects. i11 ·k of prevenlinq and fi~Jhting explosions and fire~, Ir, I unsafe conditions in rxilroleurn nctivities; deploy Artir.fo 24.•• fhe Ministry of Communications and j), :es and coonJin;,1te in rendering timely aid and Tt-ansport, t11e Ministry of Public Security, the Ministry - · 6 (15-2-2002) OfflCIAL GAZEHE of Defense, the Ministry of Science, li:-:ctmotogy and security and safety shall have to ensure uninterrupted Environment, the Ministry of Aquatic Resources, the and timely information and communication and Ministry of Health, the Ministry of Labor, War Invalids strictly abide by the prescribed regime of reporting and Social Affairs, the National Committee for Search on the situation and work of petroleum security and and Rescue and the provincial People's Committees safety protection. shall elaborate plans on mobilization of people, means and supplies for coordinated participation in Chapter V providing aid and rescue, dealing with incidents, fires, explosions and accidents occurring in petrqleum INSPECTION, REWARD AND HANDLING OF activities and on petroleum proj '»;_in,ans aJJd· VIOLATIONS equipment in the geogr~p!)'je:a ··J)iid&'r"th_eff,;,:: respeCtlve managemeri0¥<::".'-- _"':;I;_:_~/-" ·-\ -- ·:...•Qlini$trfes and branches having /r1,trf_·,;;/i} '_:);;r:!Y ·"· _ ::·--,,,:·: ~~t function in the domain of

Article 25.~ 'y" ~ ',~;GOrporation shal! "· pet ty protection shall have to have the re ?./-·-' _ /t\ fns~t:~OU_ offoreign and domestic ·vemeht$ to proteft ~ org~nit,i1~.o .·· .. onductlng petroleum ts agencies. !ffili•'lti,\~fpri ~; ...:!9li!f!~~ _In ollJ,r 1- observance of the .rote~U~g/ntema1·?e~fl,ty1 ats ptai.siaw•anij •··. Jeum security and • $/prqtectthe.State' o 11;; \ safety. : · •· _ ... es of"a)I types, ns· an, ace a~ ire 11,~l\ • •tr/,/ 1•.ens,.. '· . H~• •. ,_< I 1. : .•• .A;. . ••. , > '·\ qd individuals ·:. • · . - wn c1,,ng·.. P•wi···· ·~'du··. ·· ?submit to the _.the-nilnistrles, branches, locar c'afiet ctional State .. . Jes.are car~ed . e legislation llcipate in• 1he. rotection and l)d safe)Y; · d supervision. individuals that safety urity and safety provide /or stopping acts and equi urity and safety; that they C sets and/or petroleum security-and ed and/or rewarded

Article 26.- The information agencies, the central and local mass media and the concerned branches shall have the responsibility to propagate and educate the observance of-the regulations on the petroleum Chapter VI security and safety protection. • IMPLEMENTATION PROVISIONS

Article 21.~ Organizations and individuals conducting petroleum activities and the forces Article 31.- This Decree takes effect 15 days after responsible for participating in protecting petroleum its signing. The Ministry of Public Security, the Ministry of Defem;c and the corn.:emod State rna11age111erit bodies uhaJJ imve 10 guide the implementation ot this Decree within the scope of their respective function~ nnd powers.

Article 32.~ The ministers, the heads ot the ministeriaHevel agencies, the heads of the nge11cies attached ta the Government, the presidents of the People's Committees of the provinces and centrally~ run cities, the chairman of the Managing and the general director of Vietnam Oil and Gcl,$-Corporatlon shall have to implement this Decre:"e_ :.:' _ · ' ' ' ,' on behalf ~(;jh~- ~v~rnment i'rJ/n,iMinisfer . .t"if/1111 ~AfH(HAI