THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 45/2023/ND-CP	Hanoi, July 01, 2023

DECREE

ELABORATING THE LAW ON PETROLEUM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Petroleum dated November 14, 2022;

At request of the Minister of Industry and Trade;

The Government promulgates Decree elaborating the Law on Petroleum.

Chapter I

GENERAL PROVISIONS

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1. This Decree elaborates the Law on Petroleum regarding petroleum screening; list of oil blocks; selection of contractors for signing of petroleum contracts; petroleum contracts; safety in petroleum operation; dossiers and procedures for implementing petroleum operation, petroleum projects; preferential treatment in petroleum operations; salvaging of operation of oil fields, groups of oil fields and oil blocks; finalization of costs of petroleum operations on land, islands, and sea waters of the Socialist Republic of Vietnam.

2. This Decree applies to Vietnamese and foreign agencies, organizations, individuals related to petroleum screening and petroleum operations in Vietnam.

Article 2. Definitions

In this Decree, terms below are construed as follows:

1. “bidders” mean organizations and individuals registering for selection of contractors for petroleum contracts.

2. “set of electronic documents” means a set of documents produced from electronic papers of set of original documents, except confidential documents as per the law.

3. “set of original documents” consists of papers, documents, instruments that are either original copies, master registers, or legitimate copies. Regarding documents and texts presented in foreign languages, their original copies must undergo consular legalization procedures unless they are exempt from consular legalization as per Vietnamese laws and international treaties to which Vietnam is a signatory.

4. “minimum work obligations and minimum expenditure obligations” mean the minimum work and expenditure obligations guaranteed by the contractors in a specific amount of time under petroleum contracts.

5. “legitimate documents” mean documents containing adequate contents according to the Law on Petroleum and this Decree.

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Chapter II

PETROLEUM SCREENING

Article 3. Development and approval for list of petroleum screening schemes

1. List of petroleum screening schemes shall be developed and approved for every 5-year stage in a manner that adheres to energy, resource, and mineral strategies, planning, planning execution plans; reviewed and updated on an annual basis.

2. Organizations satisfying conditions under Article 12 of the Law on Petroleum and Article 4 of this Decree shall send petroleum screening scheme proposal for the next 5-year socio-economic development stage to the Vietnam National Oil and Gas Group (hereinafter referred to as “PVN”) before March 1 of the final year of 5-year socio-economic development stage for consideration, assessment, consolidation, and proposition of list of petroleum screening schemes, including schemes implemented by the PVN and schemes implemented by state authorities.

3. The PVN shall send 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to propose list of petroleum screening schemes before May 1 of the final year of each 5-year socio-economic development stage in accordance with Resolution of the National Assembly. The documents consist of:

a) Documents of PVN proposing petroleum screening schemes;

b) Documents of organizations proposing petroleum screening schemes, including: primary details of the schemes in accordance with Clause 1 Article 10 of the Law on Petroleum; documents proving eligibility for scheme execution according to Article 12 of the Law on Petroleum and Article 4 hereof; preliminary solutions for cooperating with relevant organizations and individuals in implementation if proposed petroleum screening schemes have been handed over or have reached geological screening or mineral prospecting, extraction phase during implementation as per the law;

c) Evaluation of the PVN regarding proposition of each scheme; documents on acknowledgement and presentation of proposing organizations (if any);

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4. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to Ministry of Natural Resources and Environment, Ministry of Planning and Investment, Ministry of Finance, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Transport, and relevant ministries, central departments, local governments.

5. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries, central departments, and local governments must send written feedback within their competence to the Ministry of Industry and Trade.

6. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall evaluate and adjust list of petroleum screening schemes in order to request the Prime Minister to review and approve. The documents consist of:

a) Written request for approval of list of petroleum screening schemes to be sent to the Prime Minister;

b) Documents under Clause 3 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

7. Based on the list of petroleum screening schemes approved by the Prime Minister:

a) The Ministry of Industry and Trade shall notify and request presiding agencies and organizations of petroleum screening schemes (hereinafter referred to as “presiding organizations”) to produce and present detailed outline and estimates on scheme execution expenditure in accordance with Article 5 hereof while notifying the PVN;

b) The Ministry of Finance shall take charge consolidating expenditure on execution of petroleum screening schemes utilizing state budget to annual state budget estimates, report to the Government and propose to the National Assembly in accordance with the Law on State Budget.

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Article 4. Eligibility of presiding organizations of petroleum screening

Presiding organizations of petroleum screening must be financially, technically capable and experienced in conducting petroleum screening and satisfy eligibility below:

1. They must prove sufficient financial capability to conduct petroleum screening via one or multiple methods simultaneously below:

a) By their resources or parent company guarantee;

b) Guarantee or funding, sponsor commitment of credit institutions, financial institutions.

2. They must have solutions for mobilizing machinery, equipment, and personnel meeting technical requirements for execution of the schemes.

3. They have participated in at least 1 petroleum screening scheme or 1 geological screening scheme or 1 petroleum contract.

4. They have committed to national defense and security requirements as per the law and are not being suspended from conducting petroleum screening or petroleum operation.

Article 5. Application and procedures for assessment, approval for detailed outline and expenditure estimates of petroleum screening schemes

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a) Legal basis and scientific reasoning of the schemes;

b) Area of screening (geography location, coordinates, and area of screening);

c) Natural geography, socio-economic characteristics of screening area;

d) Technical documents serving as the basis for the schemes;

dd) Subjects, objectives, and tasks of the schemes;

e) Technical solutions and expected workload; technical standards, regulations, economic and technical norms (if any) expected to be applied during scheme execution;

g) Expected results and products upon completion of the schemes;

h) Execution plans and progress;

i) Funding sources and expenditure estimates;

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l) Other details (if any).

2. Within 60 days from the date on which notice of the Ministry of Industry and Trade under Point a Clause 7 Article 3 hereof is received, on the basis of detailed outline and expenditure estimates of petroleum screening produced by presiding organizations and counseled by the PVN, presiding organizations shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for detailed outline and expenditure estimates on scheme execution. The documents consist of:

a) Request for approval for detailed outline and expenditure estimates on petroleum screening;

b) Detailed outline and expenditure estimates of the schemes under Clause 1 of this Article; appendices, drawings, attachments (if any);

c) Notice sent by the Ministry of Finance to presiding organizations;

d) Documents verifying funding sources of the schemes if funding for execution of petroleum screening schemes utilizes state budget in a manner that adheres to budget allocation rules, criteria, and norms from time to time approved by competent authority;

dd) Feedback of the PVN pertaining to detailed outline and expenditure estimates of petroleum screening schemes produced by presiding organizations; documents on acknowledgement and presentation produced by presiding organizations (if any);

e) Draft agreements between the PVN and presiding organizations other than state authorities and state-owned enterprises in case of Point b Clause 3 Article 10 of the Law on Petroleum, which contain: screening area; rights and obligations of PVN and presiding organizations during scheme execution; commitment of presiding organizations pertaining to storage and preservation of samples, documents, information, and data during scheme execution; general clauses of the agreements;

g) Other relevant documents.

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4. Within 45 days from the date on which adequate documents are received, assessment councils shall assess detailed outline and expenditure estimates and request the Minister of Industry and Trade to review and approve.

5. Within 5 working days from the date on which written assessment sent by assessment council is received, the Ministry of Industry and Trade shall issue decisions approving detailed outline and expenditure estimates of petroleum screening schemes.

Article 6. Implementation of petroleum screening schemes

1. Presiding organizations of petroleum screening schemes are responsible for:

a) adequately adhering to approved schemes;

b) notifying the Ministry of Industry and Trade, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, People’s Committees of provinces and cities (hereinafter referred to as “provincial People’s Committees”), and PVN in writing at least 15 days prior to conducting field work.

2. If other resources and/or minerals are found during petroleum screening, organizations and individuals must immediately report to the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, provincial People’s Committees where the work is performed, and the PVN in writing; protect unextracted minerals in accordance with mineral laws and do not take advantage of petroleum screening to mine for minerals.

3. Presiding organizations are allowed to request adjustment to detailed outline and expenditure estimates of petroleum screening schemes during execution of the schemes depending on situations on the field. Presiding organizations shall send written request for adjustment to detailed outline and expenditure estimates of the schemes which contains actual work progress and workload implemented, reasons for and details of adjustment to the PVN for consideration, assessment, and submission to the Ministry of Industry and Trade for approval in accordance with Clauses 3, 4, and 5 Article 5 hereof.

Article 7. Inspection and supervision of petroleum screening scheme execution

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2. The Ministry of Industry and Trade shall take charge, cooperate with relevant ministries, central departments, and PVN or assign PVN to take charge inspecting execution of petroleum screening schemes according to inspection plans and details approved by the Ministry of Industry and Trade.

3. PVN is responsible for cooperating with agencies and entities affiliated to relevant ministries, central departments, and local authorities in supervising field work of petroleum screening schemes.

Article 8. Commissioning and approval for results of petroleum screening schemes

1. Commissioning of results of petroleum screening schemes consists of:

a) Assessing workload, quality, and progress of work items according to approved detailed outline;

b) Assessing compliance with technical regulations and truthfulness in collecting, forming documents; adequate and scientific properties in analyzing, processing, and gathering data;

c) Assessing credibility of screening results; new discoveries regarding petroleum geology (if any); conclusions regarding geology, geophysics, and other technical characteristics of screening subjects;

d) Assessing implementation of applicable financial regulations and regulations on technical and economic norms, unit price;

dd) Assessing expenditure made from state budget (if any) and expenditure made by PVN (if any);

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2. Commissioning of results of petroleum screening schemes shall be divided into 2 levels which are grassroots-level commissioning and ministry-level commissioning, to be specific:

a) Grassroots-level commissioning shall be implemented by presiding organizations;

b)Ministry-level commissioning shall be implemented by the Ministry of Industry and Trade as soon as grassroots-level commissioning results are available. The Minister of Industry and Trade shall issue decision on establishment of council for ministry-level commissioning. Results of ministry-level commissioning serve as the basis for approving results of petroleum screening schemes.

3. Within 30 days from the date on which petroleum screening schemes end, presiding organizations shall organize grassroots-level commissioning.

4. Within 45 days from the date on which grassroots-level commissioning is complete, after consulting the PVN regarding results of petroleum screening schemes, presiding organizations shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request ministry-level commissioning and approval for results of petroleum screening schemes. The documents consist of:

a) Written request for ministry-level commissioning and approval for results of petroleum screening schemes.

b) Report on scheme results; appendices, drawings, and other documents.

c) Report on summary of scheme results;

d) Report on assessment of consulting bodies hired by presiding organizations (if necessary);

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e) Remarks of the PVN regarding results of petroleum screening schemes; documents on acknowledgement and presentation of presiding organizations (if any);

g) Decision on approval or approval for revision of the scheme issued by competent authority;

h) Other relevant documents.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall conduct ministry-level commissioning and approve results of petroleum screening schemes.

6. Within 180 days from the date on which documents approving results of petroleum screening results are received, presiding organizations shall finalize costs for petroleum screening schemes as per the law; send finalization results of expenditure that utilizes state budget (if any) and expenditure made by PVN (if any) to the Ministry of Industry and Trade for consideration and approval.

Article 9. Submission of petroleum screening results

1. Within 60 days from the date on which documents approving results of petroleum screening schemes are received, presiding organizations are responsible for transferring exhibits (if any) to the PVN and submitting 1 set of physical and 1 set of electronic reports on results of petroleum screening schemes (excluding confidential documents, if any) to the Ministry of Industry and Trade and PVN, including compiled documents and raw documents, to be specific:

a) Compiled documents consist of: written presentation and compiled documents presented as appendices, maps, and illustrations depicting results of scheme execution;

b) Raw documents are documents collected from the field, including: diaries, field records, maps, graphs, photos, tapes recording seismic activities; measurement results.

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Article 10. Preservation of exhibits, documents, information, and data of petroleum screening

1. Duration of preservation and storage of exhibits, documents, and information shall be determined on a case-by-case basis in accordance with applicable laws: permanent or temporary storage and preservation. Storage and preservation agencies are responsible for listing all obsolete exhibits, documents, information, and data and requesting competent authority to approve of their disposal in order to maximize administrative expenses.

2. Exhibits, documents, information, and data shall be classified by level of confidentiality (if required) and protected by appropriate information safety policies in a manner that conforms to regulations and law.

3. PVN is responsible for receiving, managing exhibits and documents submitted by presiding organizations in accordance with Clause 1 Article 14 of the Law on Petroleum and organizations that operate the systems in order to extract received information and data in a law-compliant manner.

Article 11. Extraction and use of exhibits, documents, information, data, and reports on petroleum screening results

1. Organizations and individuals are allowed to access, consult, extract, and use exhibits, documents, information, data, and reports on petroleum screening results via public services whose fees conform to regulations and law on fees and charges, except for case under Clause 2 of this Article.

2. Presiding organizations are allowed to use, extract exhibits, documents, information, data, and reports on petroleum screening results as per agreement signed with the PVN; allowed to request refund of service charges when participating in bidding and signing petroleum contracts at oil blocks in areas where they have conducted petroleum screening according to screening schemes.

Chapter III

LIST OF OIL BLOCKS, SELECTION OF CONTRACTORS FOR SIGNING OF PETROLEUM CONTRACTS

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1. Pursuant to Article 7 of the Law on Petroleum, the PVN shall develop new lists of oil blocks or revised list of oil blocks and submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service for assessment. The documents consist of:

a) Written request for approval of new lists of oil blocks or revised lists of oil blocks;

b) Information on new oil blocks or adjustment to oil blocks, including name, coordinates, and area;

c) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to Ministry of Natural Resources and Environment, Ministry of Planning and Investment, Ministry of Finance, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Transport, Ministry of Construction, and relevant ministries, central departments, local governments.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess and finalize new lists of oil blocks or revised lists of oil blocks and request the Prime Minister to consider and approve. The documents consist of:

a) Written presentation of assessment results and request for approval of new lists of oil blocks or revised lists of oil blocks to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

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Article 13. Documents and procedures for assessment and approval of plans for selecting contractors to sign petroleum contracts

1. Pursuant to Point a Clause 1 Article 24 of the Law on Petroleum, the PVN shall produce plans for selecting contractors to sign petroleum contracts and submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service for assessment. The documents consist of:

a) Written request for approval of plans for selecting contractors to sign petroleum contracts;

b) Plans for selecting contractors to sign petroleum contracts, including main details specified under Clause 2 Article 17 of the Law on Petroleum and reasons for selecting contractors for each available oil blocks; list of contractors invited in case of limited bidding or shopping; proposed types of petroleum contracts and reasons for proposing types of petroleum contracts; financial, technical capability and experience required to participate in bidding; draft bidding documents, draft shopping documents, request for proposal of direct contracting in accordance with Points a and b Clause 1 Article 21 of the Law on Petroleum;

c) Other relevant documents.

2. Assessment of plans for selecting contractors to sign petroleum contracts means to examine, assess primary contents of the plans for selecting contractors in accordance with Clause 2 Article 17 of the Law on Petroleum.

3. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send request for feedback to Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and relevant ministries and central departments.

4. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries and central departments must send written feedback within their competence to the Ministry of Industry and Trade.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess plans for selecting contractors to sign petroleum contracts and request the Prime Minister to consider and approve. The documents consist of:

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b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

6. This Article does not apply to direct contracting in accordance with Clause 2 Article 40 of the Law on Petroleum.

Article 14. Notice to bidders, notice to shopping

1. Notice to bidders shall be posted for 5 consecutive days on 5 daily newspaper and uploaded on 5 reputable websites, including at least 1 newspaper in English published in domestic information network or 1 newspaper in both Vietnamese and English published in foreign information network. Notice to bidders can be sent directly to organizations and individuals interested in oil blocks or via websites specializing in providing information on worldwide petroleum-related events.

2. Notice to shopping shall be sent directly to organizations and individuals interested in oil blocks to which shopping is applied.

3. Notice to bidders and notice to shopping consist of:

a) Information on available oil blocks for bidding or shopping;

b) List of documents allowed to be accessed and other relevant information;

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d) Relevant documents and schedules (if any).

Article 15. Bid registration

1. Bidders shall send bid registration to the PVN. Registration deadline shall be 45 days from the last day in which notice to bidders is uploaded or the last day in which notice to shopping is uploaded.

2. Upon bid registration, bidders must provide brief summary regarding their financial capability, technical capability, and potential establishment of contractor consortium (if any) and other information as required under notice to bidders or notice to shopping.

3. Upon receiving bid registration, if bidders satisfy requirements under Article 16 of the Law on Petroleum, they shall receive bidding documents or shopping documents and shall be permitted to access documents according to the list publicized under notice to bidders or notice to shopping.

Article 16. Issuance of bidding documents, shopping documents, request proposals

1. The PVN shall prepare bidding documents in case of open bidding or limited bidding, competitive bidding documents in case of shopping or request for proposals in case of direct contracting and issue to bidders.

2. Bidding documents consist of:

a) Basic economic and technical indicators of petroleum contracts, including: profit oil, profit gas ratio; minimum work obligations and minimum expenditure obligations; participating interests of PVN or branch companies affiliated to the PVN designated to participate as contractors; the right to participate of host countries (via PVN) upon initial discovery in area covered under petroleum contracts (if applicable); cost recovery percentage; other financial obligations (commissions, training costs, donation to fund for scientific research and development of petroleum technology); severance tax, corporate income tax, export duties of crude oil (including condensates) and natural gas, other taxes, fees, and charges payable in accordance with tax, fee, charge laws;

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c) Criteria for selecting contractors and bid evaluation solutions in accordance with Article 18 hereof;

d) Period of contractor selection and other details pertaining to procedures for contractor selection;

dd) Basic documents and information on oil blocks;

e) Legal documents of bidders: certificate of operation registration, operating charters, financial statements of the latest 3 years or guarantee of parent companies of bidders that are organizations; Citizen ID Card or passport of bidders that are individuals and other relevant documents of bidders or each participant of bidder consortium (except for cases of selecting contractors to sign petroleum contracts in accordance with Article 40 of the Law on Petroleum);

g) Instructions for bidders;

h) Applicable or proposed petroleum contract form;

i) Bid security requirements (if necessary) using defined form, including details regarding format, value, and term of bid security;

k) Initial assessment regarding petroleum potentials of relevant oil blocks;

l) Other relevant documents.

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4. Request for proposals for direct contracting shall contain items specified under Points a, b, c, dd, e, g, h, i, k, and l Clause 2 of this Article and provisions carried over from effective petroleum contracts to new petroleum contracts (if any) for cases of direct contracting in accordance with Point c Clause 1 Article 21 of the Law on Petroleum.

Article 17. Receipt of bid, competitive bidding documents, proposals; bid opening and management of bid

1. Bidders shall send bid in case of open bidding, limited bidding, or competitive bidding documents in case of shopping or proposals in case of direct contracting to the PVN within the time limit specified under bidding documents or shopping documents or request for proposals. The PVN shall decide on time limit for submission of bid or competitive bidding documents or proposals and specify under notice documents. The time limit must not exceed 120 days from the date on which bidding documents or shopping documents or request for proposals is issued.

2. Bids and competitive bidding documents and proposals shall

a) be produced in accordance with bidding documents, shopping documents, request for proposals;

b) be legitimate if bidding documents, shopping documents, or request for proposals meet corresponding requirements, are submitted within the time limit and via specified means.

3. Bid opening and management of bids or competitive bidding documents or proposals

a) Bid opening must conform to time and format regulations under bidding documents or shopping documents or request for proposals;

b) Participant compositions of bid opening include representatives of PVN, Ministry of Industry and Trade, Ministry of Public Security, relevant ministries, central departments (if necessary), and representatives of bidders;

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d) Any additional documents submitted by bidders to bids or competitive bidding documents or proposals after bid opening date shall be illegitimate, except for additional documents under Clause 3 Article 19 hereof.

Article 18. Criteria for selecting contractors and methods for evaluating bids, competitive bidding documents, and proposals

1. Criteria for selecting contractors include:

a) Criteria regarding capacity and experience of contractors, including: technical and financial capacity, available funding sources for execution of petroleum operations; experience in executing petroleum operations, petroleum contracts (in case of contractor consortium, capacity and experience of contractors shall be determined by the sum of capacity and experience of members of contractor consortium); relevant contracts and agreements that have been and are being implemented (if any);

b) Criteria regarding technical conditions appropriate to each oil block include: minimum work obligations (new seismic acquisition, reprocessing of seismogram, quantity of wells); field development and extraction obligations; methods of implementation and optimal technology for petroleum operations that fulfill of requirements pertaining to environmental protection and reduction of carbon dioxide emission;

c) Criteria regarding economic conditions appropriate to each oil block, including: taxes conforming to tax laws and surcharges when oil price surges; host country’s profit oil, profit gas ratio; participating interests of host country (via the PVN) upon making first commercial discovery within the area covered by petroleum contracts (if applicable); participating interests of PVN or subsidiaries thereof when designated to participate as contractors; percentage of costs recovered; financial commitment corresponding to minimum work obligations; commitment to other financial obligations (commissions, training costs, donations to petroleum scientific research and technology development fund).

2. Solutions for evaluating bids, competitive bidding documents, and proposals include:

a) Regarding capacity and experience criteria: assess whether each criterion is satisfactory or not satisfactory;

b) Regarding technical condition criteria appropriate to each oil block: assess fulfillment of minimum work obligations and score on a scale of 100;

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d) Total results: total scores will be determined as follows: Total scores = Total score of technical condition criteria multiplied (x) by weighing factor of technical condition criteria plus (+) Total score of economic condition criteria multiplied (x) by weighting factor of economic condition criteria. Where minimum weighting factor of technical condition criteria is 0,3 depending on specific characteristics of each oil block; weighting factor of technical condition criteria plus (+) weighting factor of economic condition criteria equal (=) 1;

dd) Bidders shall be awarded with contracts when they achieve all results below: “satisfactory” capacity and experience; requirements regarding minimum work obligations are met and total score of technical condition criteria meet minimum level according to bidding documents; total score of economic condition criteria meet minimum level according to bidding documents; total score under Point d Clause 2 of this Article is the highest.

3. When producing bidding documents, shopping documents, or request for proposals, the PVN shall develop and approve criteria for selecting contractors, solutions for evaluating bids, competitive bidding documents, and proposals appropriate to specific characteristics of each oil block.

Article 19. Evaluating bids, competitive bidding documents, and proposals

1. The PVN shall establish expert teams to evaluate bids or competitive bidding documents or proposals. Expert teams consist of individuals with capacity, experience, and training certificates pertaining to bidding in accordance with bidding laws and operate within principles promulgated by the PVN.

2. Evaluation of bids or competitive bidding documents or proposals must be based on criteria for contractor selection and evaluation solutions under contractor selection plans and approved bidding documents, shopping documents, or request for proposals.

3. The PVN may request bidders to clarify bids or competitive bidding documents or request for proposals in writing. Within 5 days from the date on which request sent by the PVN is received, bidders must provide written response. Clarification of bids or competitive bidding documents or request for proposals means to provide explanation for requested contents without altering main contents of the bids or competitive bidding documents or request for proposals.

4. Bid evaluation shall be conducted within 30 days from the date on which bid opening is implemented.

Article 20. Documents and procedures for assessment and approval of contractor selection results to sign petroleum contracts

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a) Presentation of bid evaluation results and proposed contractors to sign petroleum contracts together with economic and technical conditions of petroleum contracts;

b) Bidding documents or shopping documents or request for proposals;

c) Bids, competitive bidding documents, or request for proposals;

d) Record of bid opening;

dd) Record of contractor assessment, scoring sheets;

e) Documents of PVN requesting clarification to bids or shopping documents or request for proposals and written response of bidders (if any);

g) Other relevant documents.

2. Assessment of contractor selection results to sign petroleum contracts includes:

a) Assessment of the basis of contractor selection process;

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c) Assessment of appropriateness of assessment solutions and contractor selection criteria;

d) Assessment of compliance with the law during evaluation of bids, competitive bidding documents, and request for proposals;

dd) Consideration of different opinions (if any) of expert teams;

e) Other relevant details.

3. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Committee for Management of State Capital at Enterprises (if PVN participates in petroleum contracts as contractors), and relevant ministries, central departments to provide feedback.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess contractor selection results to sign petroleum contracts and request the Prime Minister to consider and approve. The documents consist of:

a) Written presentation of assessment results and written request for approval of contractor selection results to sign petroleum contract to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

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6. Within 15 days from the date on which written approval for contractor selection results sent by the Prime Minister is received, the PVN shall inform bidders about contractor selection results, basic economic and technical conditions of petroleum contracts, and plans for negotiating petroleum contracts.

7. Within 90 days from the date on which notice on contractor selection results sent by the PVN is received, contractors and PVN must finish negotiating petroleum contracts. If details of draft petroleum contracts have not been agreed upon within the aforementioned time limit, the PVN shall file reasons for disagreement and proposed negotiation time limit to the Ministry of Industry and Trade.

Chapter IV

PETROLEUM CONTRACTS

Article 21. Documents and procedures for assessment, approval of petroleum contract

1. Within 30 days from the date on which petroleum contract negotiation concludes, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for petroleum contracts. The documents consist of:

a) Written request for approval of petroleum contracts;

b) Draft petroleum contracts agreed upon by the PVN and contractors; written presentation for difference between draft petroleum contracts under bidding documents or shopping documents or request for proposals and agreed draft petroleum contracts;

c) Certified true copies of certificate of operation registration in case of organization participants in petroleum contracts; certified true copies of ID Cards or Citizen ID Cards or passports in case of individual participants in petroleum contracts;

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dd) Documents of contractors or each contractor in contractor consortium, including: company charters, financial statements of the last 3 years, and other relevant legal documents serving as the basis for petroleum contract negotiation, copies of declaration of tax obligation of the latest year if regulated by Vietnamese tax laws.

e) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Committee for Management of State Capital at Enterprises (if PVN participates in petroleum contracts as contractors), and relevant ministries, central departments to provide feedback.

3. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries and central departments must send written feedback within their competence to the Ministry of Industry and Trade.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess petroleum contracts and request the Prime Minister to approve. The documents consist of:

a) Written presentation of assessment results and request for approval of petroleum contracts to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

5. Within 5 working days from the date on which written approval for petroleum contracts is received, the PVN and contractors shall sign petroleum contracts.

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1. Within 5 working days from the date on which petroleum contracts are signed, the PVN shall submit 1 set of original documents to the Ministry of Industry and Trade to request issuance of investment registration certificate (IRC) to contractors performing petroleum operations. The documents consist of:

a) Written request for issuance of IRC for signed petroleum contracts to contractors performing petroleum operations;

b) Original petroleum contracts signed by the PVN and the contractors.

2. Within 15 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall issue investment registration certificate to contractors and the PVN and send original copies of the IRC to the Ministry of Finance, Ministry of Planning and Investment, Ministry of Justice, and tax authorities.

3. Within 30 days from the date on which contractors fulfill all obligations under petroleum contracts or the date on which petroleum contracts are terminated in accordance with Article 35 of the Law on Petroleum (whichever comes later), the contractors must submit original copies, main copies of IRC and revised IRC (if any) to the PVN in order to submit to the Ministry of Industry and Trade.

Article 23. Documents and procedures for assessment, approval for revision of petroleum contracts and issuance of revised investment registration certificate

1. Pursuant to Clause 1 Article 28 of the Law on Petroleum, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request revision to petroleum contracts and issue revised investment registration certificate. The documents consist of:

a) Written request for approval of revised petroleum contracts and issuance of revised IRC which states reason for revision; explanation for contents of petroleum contracts to be revised; assessment of the PVN regarding request of the contractors;

b) Agreement on addition and revision to petroleum contracts agreed upon by the PVN and the contractors;

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2. Procedures for assessing and approving revision to petroleum contracts shall conform to Clauses 2, 3, and 4 Article 21 hereof.

3. Within 5 working days from the date on which written approval for revision to petroleum contracts sent by the Prime Minister is received, the Ministry of Industry and Trade shall issue revised IRC to the contractors and PVN while sending the original copies of revised IRC to the Ministry of Finance, Ministry of Planning and Investment, Ministry of Justice, and tax authorities.

Article 24. Petroleum product sharing contract

1. Petroleum product sharing contracts must conform to contract form under Appendix attached hereto.

2. PVN and contractors shall only negotiate details mentioned under “dependent on bidding or negotiation results” and other details under Article 20.7 of the contract form.

Article 25. Documents and procedures for approving extension of hydrocarbon exploration time limit

1. Hydrocarbon exploration period under Clause 1 Article 31 of the Law on Petroleum can be divided into smaller periods.

2. At least 60 days before the end of each smaller period or final day of hydrocarbon exploration period, on the basis of request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for extension of hydrocarbon exploration period. The documents consist of:

a) Written request for approval of extension of hydrocarbon exploration period which states reason for extension; plans for performing petroleum operations during extended period; additional work commitment, corresponding financial commitment, and other propositions to be implemented during extended period (if any);

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c) Other relevant documents.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall promulgate written approval for extension of hydrocarbon exploration period.

Article 26. Documents and procedures for assessment and approval of extension of petroleum contracts

1. At least 1 year prior to the termination of petroleum contracts, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post to request approval for extension of petroleum contracts. The documents consist of:

a) Written request for approval of extension of petroleum contracts which states reason for extension; plans for implementing petroleum operations during extended period; minimum work obligations and minimum financial obligations during extended period (if any);

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Other relevant documents.

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4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall promulgate documents approving extension of petroleum contracts.

Article 27. Documents and procedures for assessment, approval of extension of hydrocarbon exploration, extension of petroleum contracts in special cases

1. At least 60 days prior to the end of hydrocarbon exploration period or at least 1 year prior to the termination of petroleum contracts, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request extension of hydrocarbon exploration or extension of petroleum contracts in special cases for assessment. The documents consist of:

a) Written request for approval of extension of hydrocarbon exploration period or extension of petroleum contracts which states reason for extension and fulfillment of conditions under Clause 4 Article 31 of the Law on Petroleum; plans for implementing petroleum operations during extended period; additional work obligations, corresponding financial obligations, and other expected propositions during extended period (if ay);

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Other relevant documents.

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a) Written report on assessment results sent to the Prime Minister and written request for approval of extension of hydrocarbon exploration period or extension of petroleum contracts in special cases;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

Article 28. Documents and procedures for assessment, approval for retention of discovery area

1. Within 90 days from the date on which commercial discovery is made, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for retention of discovery area for up to 5 years. The documents consist of:

a) Written request for approval of retention of discovery area which states reason and fulfillment of conditions under Clause 5 Article 31 of the Law on Petroleum; plans for developing gas discovery; additional work obligations, corresponding financial obligations, and expected implementation during retention of discovery area (if any);

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Other relevant documents.

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4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall promulgate documents approving retention of discovery area for up to 5 years.

5. At least 90 days prior to the end of retention period of discovery area approved by the Ministry of Industry and Trade, if discovery area is to be retained for no more than 2 years in accordance with Clause 5 Article 31 of the Law on Petroleum, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request for extension of retention period of discovery area. The documents consist of:

a) Written request for approval of extension of retention period of discovery area which states reason and fulfillment of conditions under Clause 5 Article 31 of the Law on Petroleum; plans for developing gas discovery; additional work obligations, corresponding financial obligations, and expected implementation during retention of discovery area (if any);

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Other relevant documents.

6. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Committee for Management of State Capital at Enterprises (if PVN participates in petroleum contracts as contractors), and relevant ministries, central departments to provide feedback.

7. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries and central departments must send written feedback within their competence to the Ministry of Industry and Trade.

8. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess the request for extension of retention period of discovery area and request the Prime Minister to approve. The documents consist of:

a) Written report to the Prime Minister on assessment report and request for approval of extension of retention period of discovery area;

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c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

Article 29. Documents and procedures for approval of temporary suspension of execution of certain rights and obligations under petroleum contracts due to force majeure

1. In case of force majeure, the PVN and contractors shall negotiate methods for temporarily suspending execution of certain rights and obligations under petroleum contracts.

2. Within 30 days from the date on which an agreement with the contractors has been reached, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for methods for temporarily suspending execution of certain rights and obligations under petroleum contracts due to force majeure. The documents consist of:

a) Written request for approval of methods for temporarily suspending execution of certain rights and obligations under petroleum contracts due to force majeure;

b) Written propositions of the contractors (if any);

c) Other relevant documents.

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Article 30. Documents and procedures for assessment, approval of temporary suspension of execution of certain rights and obligations under petroleum contracts due to national defense and security reasons

1. Based on actual situations and reports of competent authorities in national defense and security, for the purpose of maintaining an environment of peace and stability, national and people benefits, the Prime Minister shall decide on temporary suspension of execution of certain rights and obligations under petroleum contracts for national defense, security reasons in accordance with Clause 7 Article 31 of the Law on Petroleum and request the PVN to notify the contractors.

2. On the basis of results of negotiation with the contractors, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request temporary suspension of certain rights and obligations under petroleum contracts for national defense and security reasons. The documents consist of:

a) Written report on negotiation results regarding temporary suspension of execution of certain rights and obligations under petroleum contracts due to national defense and security reasons which states information on petroleum contracts;

b) Other relevant documents.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess report on temporary suspension of execution of certain rights and obligations under petroleum contracts for national defense and security reasons and request the Prime Minister to approve. The documents consist of:

a) Written report to the Prime Minister on assessment results and request for approval of methods for temporarily suspending execution of certain rights and obligations under petroleum contracts for national defense and security reasons;

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c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

Article 31. Return of petroleum contract area and documents, procedures for approval of retention or temporary relinquishment of obligation to return petroleum contract area

1. Contractors must return a minimum of 20% of initial petroleum contract area at the end of each component periods of hydrocarbon exploration periods except for petroleum mine development area, retained area, and area where return obligation is temporarily suspended in accordance with Clause 3 Article 32 of the Law on Petroleum.

2. Contractors have the right to return petroleum contract area at any time throughout hydrocarbon exploration period. Area that has been voluntarily returned shall be deducted from total area to be returned in relevant period. Voluntary return of petroleum contract area shall not reduce obligations applicable to relevant period as well as the returned area.

3. Petroleum contract area to be returned must be convenient for subsequent petroleum operations.

4. On an annual basis, the PVN shall consolidate return of petroleum contract area made by contractors and report to the Ministry of Industry and Trade for monitoring; propose revised list of oil blocks (if necessary) in accordance with Article 12 hereof.

5. If full retention of petroleum contract area is required or temporary relinquishment of obligation to return petroleum contract area is required, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for full retention of petroleum contract area or temporary relinquishment of obligation to return petroleum contract area. The documents consist of:

a) Written request for approval of full retention of petroleum contract area or temporary relinquishment of obligation to return petroleum contract area which states reason and duration of retention period of petroleum contract area or suspension of obligation to return petroleum contract area; plans for implementing petroleum operations during retention period of petroleum contract area; expected additional work obligations and corresponding financial obligations during retention period of petroleum contract area or suspension period of obligation to return petroleum contract area;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

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8. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall promulgate documents approving full retention of petroleum contract area or temporary relinquishment of obligation to return petroleum contract area.

Article 32. Documents and procedures for assessment, approval for expansion of petroleum contract area, consolidation of petroleum discovery and oil, gas field

1. Pursuant to Clause 4 and Clause 5 Article 32 of the Law on Petroleum, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request expansion of petroleum contract area or consolidation of petroleum discovery and oil, gas field. The documents consist of:

a) Written request for approval of expansion of petroleum contract area or consolidation of petroleum discovery, oil, gas field which states reason, research and assessment results regarding area requested to be expanded or solutions for consolidating petroleum discovery, oil, gas field;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Other relevant documents.

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4. Within 45 days from the date on which adequate documents are received, Ministry of Industry and Trade shall assess request for expansion of petroleum contract area or consolidation of petroleum discovery, oil, gas fields and request the Prime Minister to approve. The documents consist of:

a) Written report to the Prime Minister on assessment results and request for approval of expansion of petroleum contract area or consolidation of petroleum discovery, oil, gas field;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

5. Agreement regarding rules for consolidating petroleum discovery, oil, gas field in overall field development plan; agreement regarding consolidation of petroleum discovery, oil and gas field shall be presented by contractors in early development plans, field development plans.

Article 33. Documents and procedures for assessment, approval for transfer of rights and obligations under petroleum contracts and issuance of revised IRC

1. Pursuant to Clause 1 Article 36 of the Law on Petroleum, at request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for transfer of rights and obligations under petroleum contracts. The documents consist of:

a) Written request for approval of transfer of rights and obligations under petroleum contracts and issuance of revised IRC which states reason and fulfillment of conditions under Clause 1 Article 36 of the Law on Petroleum;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

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d) Contracts or agreements on transfer of rights and obligations under petroleum contracts which specify transfer tax duties of relevant parties and other financial obligations in accordance with Vietnamese laws;

dd) Agreements on amendments to petroleum contracts agreed upon by the PVN and contractors;

e) Guarantee for contract obligation execution of recipients of transferred participating interests in petroleum contracts published by commercial banks or guarantee of parent companies of recipients or other forms of guarantee at request of the PVN (if necessary on the basis of financial statement assessment);

g) Tax declaration and explanation for transfer tax (if any) in accordance with tax laws; notice of tax authority regarding receipt of tax declaration in accordance with tax laws;

h) Other relevant documents.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess the transfer of rights and obligations under petroleum contracts and request the Prime Minister to consider and approve. The documents consist of:

a) Written presentation of assessment results and request for approval of transfer of rights and obligations under petroleum contracts to be sent to the Prime Minister;

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c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

5. Within 5 working days from the date on which approval for transfer of rights and obligations under petroleum contracts of the Prime Minister is received, the Ministry of Industry and Trade shall issue revised IRC to contractors and PVN and send original copies to the Ministry of Finance, Ministry of Planning and Investment, Ministry of Justice, and tax authority.

6. In case of change to owners of contractors holding participating interests in petroleum contracts, contractors shall declare and pay taxes on behalf of the owners regarding income related to petroleum contracts in Vietnam (if any) or file reports to tax authority if they are not subject to tax in accordance with Vietnamese laws. Tax declaration or reports sent to tax authority and notice of tax authority regarding receipt of documents sent by the contractors must be attached to reports filed to tax authority regarding change of ownership. If the transfer occurs outside of Vietnam, the documents must include information on: country, territory, time of completion of transfer; whether fulfillment of tax obligations of transfer includes property value, participating interests in petroleum contracts in Vietnam or not; if the fulfillment of tax obligations of transfer includes property value, right to participate in petroleum contracts in Vietnam, state the basis and methods for determining value of the portion of property and right in Vietnam. In case parent companies or direct owners of contractors have issued letter of guarantee for previous petroleum contracts, contractors must provide letter of guarantee of new owners which must be approved by the PVN.

7. If contractors undergo merger, acquisition, full division, partial division, change to registration country, or other operations that alter basic information of the contractors recorded in IRC or petroleum contracts, the contractors must adopt procedures for amending IRC, declare and pay taxes for taxable income in accordance with regulations and law of Vietnam and international treaties to which Vietnam is a signatory.

8. Within 15 days from the date on which contractors change their address or legal representatives, the contractors must notify the Ministry of Industry and Trade, the PVN, and relevant contractors mentioned under petroleum contracts in writing.

9. Contractors are responsible for adequacy and legitimacy of tax declaration and payment (if any) or reports filed to tax authority if they are not subject to tax as per the law; shall be met with legal actions for inadequate or illegitimate declaration and reporting.

Article 34. Documents and procedures for assessment and approval of execution of the right to participate, priority over participating interests, receipt of participating interests in petroleum contracts of the PVN

1. Pursuant to Clause 1 and Clause 2 Article 39 of the Law on Petroleum, on the basis of conditions agreed upon between contractors and the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval of the right to participate in petroleum contract or priority over participating interests which the contractors intend to transfer under signed petroleum contracts or receipt of the entirety of contractor benefits in case the contractors withdraw from petroleum contracts for special reasons. The documents consist of:

a) Written request for approval of exercising of the right to participate or priority over participating interests or receipt of participating interest in petroleum contracts and issuance of revised IRC, including investment opportunity assessment;

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c) Agreements on amendments to petroleum contracts agreed upon by the PVN and contractors;

d) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send request for feedback to Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and relevant ministries and central departments.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess request for exercising of the right to participate or priority over participating interests or receipt of participating interests in petroleum contracts of the PVN and request the Prime Minister to consider, approve. The documents consist of:

a) Report to the Prime Minister on assessment results and request for approval of exercising of the right to participate or priority over participating interest or receipt of participating interests in petroleum contracts of the PVN;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

5. Within 5 working days from the date on which approval of the Prime Minister for exercising of the right to participate or priority over participating interests or receipt of participating interests in petroleum contracts is acquired, the Ministry of Industry and Trade shall issue revised IRC to contractors and the PVN and send original copies to the Ministry of Finance, Ministry of Planning and Investment, Ministry of Justice, and tax authority.

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1. Within 60 days from the date on which IRC comes into effect, operators shall submit 1 set of original documents for registration of operating office establishment to Departments of Planning and Investment where the operating offices are located. The documents consist of:

a) Written registration for operating office establishment signed by competent representatives of operators;

b) Certified true copies of IRC;

c) Decision on employment or hiring contracts with respect to heads of operating offices of operators;

d) Certified true copies of ID Card or Citizen ID Card or passport of heads of operating offices.

2. Within 15 days from the date on which adequate documents are received, the Departments of Planning and Investment shall issue certificate of operation registration of operating office.

3. Operating period of operating offices shall conform to effective period of IRC or revised IRC except for cases where IRC is extended for the purpose of fulfilling obligations to host countries upon termination of petroleum contracts.

4. Departments of Planning and Investment shall send copies of certificate of operation registration of operating offices to the Ministry of Industry and Trade, Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, and PVN.

5. Within 15 days from the date on which change to address of operating offices, heads of operating offices, takeover of operating offices from previous operators, and other information on issued certificate of operation registration of operating offices occurs, operators shall adopt procedures for revising information of issued certificate of operation registration of operating offices in accordance with Clause 1 of this Article and notify tax authority about the changes.

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a) Notice on termination of operating offices signed by competent representatives of operators;

b) List of employees and their applicable benefits;

c) Seals and certification of seal specimen (if any);

d) Written confirmation of tax authority regarding operating office’s fulfillment of tax duties and closure of taxpayer identification number in case of termination of petroleum contracts;

dd) Original copies of establishment registration of operating office.

7. Within 15 days from the date on which adequate documents are received, Departments of Planning and Investment shall send notice on removal of operating offices to operators, Ministry of Industry and Trade, Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, the PVN, and tax authority.

8. Operating offices are responsible for fulfilling obligations according to Vietnamese regulations and laws prior to their termination.

Article 36. Documents and procedures for assessment, approval of follow-up plan for oil fields, groups of oil fields, oil blocks upon expiry of petroleum contracts

1. If contractors under petroleum contracts propose signing new petroleum contracts upon expiry of current petroleum contracts according to Clause 2 Article 40 of the Law on Petroleum, the PVN shall implement direct contracting in accordance with Article 21 of the Law on Petroleum and this Decree. The PVN shall approve and distribute request for proposals.

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3. If contractors under petroleum contracts do not propose signing of new petroleum contracts, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for follow-up plans for oil fields, groups of oil fields, oil blocks upon expiry of petroleum contracts at least 6 months prior to the expiry of petroleum contracts. The documents consist of:

a) Written request for approval of follow-up plan for oil fields, oil blocks upon expiry of petroleum contracts which evaluates oil field conditions, oil field group conditions, oil block conditions; estimation of remaining petroleum resources and reserves;

b) Expected solutions for implementation upon expiry of petroleum contracts: ceasing to operate oil fields, groups of oil fields, oil blocks; continuing with operation of oil fields, groups of oil fields, oil blocks on the basis of new petroleum contracts with appropriate economic and technical conditions; or assigning the PVN to salvage operation of oil fields, groups of oil fields, oil blocks;

c) Draft financial regulations for regulating petroleum operations during periods that start from receipt of oil fields, groups of oil fields, oil blocks to signing of new petroleum contracts;

d) Other relevant documents.

4. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send request for feedback to Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and relevant ministries and central departments.

5. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries and central departments must send written feedback within their competence to the Ministry of Industry and Trade.

6. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess follow-up plans for oil fields, groups of oil fields, oil blocks before the expiry of petroleum contracts and request the Prime Minister to approve. The documents consist of:

a) Written presentation of assessment results and request for approval of follow-up plans for oil fields, groups of oil fields, oil blocks upon expiry of petroleum contracts to be sent to the Prime Minister;

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c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

7. Based on decision of the Prime Minister approving follow-up plans for oil fields, groups of oil fields, oil blocks upon expiry of petroleum contracts:

a) In case of ceasing to operate oil fields, groups of oil fields, or oil blocks, contractors are responsible for decommissioning petroleum installations in accordance with approved decommissioning plans;

b) In case of continuing with operation of oil fields, groups of oil fields, and oil blocks, the PVN shall receive oil fields, groups of oil fields, and oil blocks in their current states from the contractors and coordinate petroleum operations in accordance with financial regulations under Article 37 hereof until new petroleum contract is signed or for no longer than 2 years; select and designate entities responsible for petroleum operations during this period (if necessary). If no contractors express their interest or are selected to sign new petroleum contracts after 2 years from the date on which the PVN receives oil fields, groups of oil fields, and oil blocks, the PVN shall request the Prime Minister to assess, the Prime Minister to approve follow-up plans for oil fields, groups of oil fields, and oil blocks which utilize any of the two solutions under Clause 3 Article 41 of the Law on Petroleum. Documents and procedures for assessment, approval of follow-up plans for oil fields, groups of oil fields, oil blocks shall conform to Clauses 3, 4, 5, and 6 of this Article;

c) In case of taking over operation of oil fields, groups of oil fields, and oil blocks, the PVN shall carry out petroleum operations in accordance with Chapter VIII hereof.

Article 37. Financial regulations for regulating petroleum operations during periods that start from receipt of oil fields, groups of oil fields, oil blocks to signing of new petroleum contracts

Financial regulations for regulating petroleum operations during periods that start from receipt of oil fields, groups of oil fields, oil blocks to signing of new petroleum contracts according to Clause 3 Article 41 of the Law on Petroleum and Point b Clause 7 Article 36 hereof shall be implemented in a manner where any surplus created by revenues and expenditure on petroleum operations (including amounts submitted to guarantee funds for fulfillment of financial obligations for petroleum installation decommissioning, if necessary) shall be submitted to the state budget while maintaining effectiveness and closely controlling petroleum operation costs. Petroleum operation costs in this case mean deductibles of income subject to corporate income tax in accordance with corporate income tax laws, petroleum laws, relevant legislative documents, and international treaties to which Vietnam is a signatory. Financial regulations for regulating petroleum operations while waiting for the signing of new petroleum contracts include:

1. Petroleum sales generated by petroleum operations and other revenues (if any) shall be used for:

a) Paying and disbursing legitimate, reasonable costs incurred during petroleum operations according to approved operation programs and budget;

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c) Covering additional investment to increase petroleum reserve, maintain petroleum mining productivity; contributing to guarantee fund for fulfillment of petroleum installation decommissioning obligations for work items of additional investment (if any).

2. Submit the following amounts to the state budget on an annual basis:

a) Remaining revenues after spending on purposes under Clause 1 of this Article;

b) Remaining budget (if any) if total amount spent at the end of the period is lower than actual approved budget;

c) Interests (if any) of remaining provisions that are allowed to be retained at the end of financial year;

d) Remaining amount (if any) of guarantee fund for fulfillment of petroleum installation decommissioning obligations after decommissioning, determined by audit results as per the law;

dd) Surplus (if any) of revenues generated by liquidation of assets no longer useful for petroleum operations; equipment, instruments, materials, and wastes collected during petroleum installation decommissioning; legitimate, reasonable costs on a case-by-case basis.

3. The PVN shall be responsible for

a) developing and approving annual operation programs and budget;

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c) producing quarterly reports to the Ministry of Industry and Trade on petroleum operations;

d) proposing follow-up plans appropriate to Clause 3 Article 41 of the Law on Petroleum.

Article 38. Regulations on management, recording, use of assets, and receipt of participating interests from contractors in special cases

1. If contractors decide to withdraw from petroleum contracts due to special reasons under Clause 2 Article 39 of the Law on Petroleum, the PVN shall receive all participating interests of the contractors under petroleum contracts and receive information, data, documents, specimen, petroleum installations, and other assets (if any) in their current states in accordance with agreement signed with the contractors.

2. Contractors shall be paid in value of state assets received and managed by the PVN under Clause 1 of this Article from state budget in accordance with agreement signed between the PVN and contractors.

3. The PVN shall manage and produce separate reports to monitor participating interests that they receive from contractors, information, data, documents, specimen, petroleum installations, and other assets (if any) in accordance with Clause 1 of this Article and specific decisions of the Prime Minister assigning the PVN to receive all participating interests from contractors in special cases and not record in state investment in enterprises and financial statements of the PVN.

4. On an annual basis, the PVN shall develop plans for expenditure on management, monitoring of assets and expenditure for relevant issues which shall be processed in accordance with Point d Clause 4 Article 64 of the Law on Petroleum and whose audit results shall be approved by Board of members of the PVN.

5. The Ministry of Finance shall take charge and cooperate with Committee for Management of State Capital at Enterprises in guiding, monitoring asset management performed by the PVN under Clause 1 of this Article.

Chapter V

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Article 39. Documents on safety management

1. When performing petroleum operations, contractors are responsible for developing documents on safety management in accordance with Point a Clause 4 Article 8 of the Law on Petroleum, including:

a) Safety management program;

b) Risk assessment report;

c) Emergency response plan.

2. Safety management program includes basic details such as:

a) Policies and goals regarding safety;

b) Safety operations, delegation of responsibilities regarding safety operations;

c) Safety training program; capacity, qualification, and experience requirements for employees;

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dd) Assessment of compliance with the law including requirements to be met in accordance with regulations on license, certificate of technical safety and environmental protection;

e) Safety management implemented by service contractors, organizations, individuals.

3. Risk assessment report includes basic details such as:

a) Purpose and goals of risk assessment;

b) Description of petroleum operations, petroleum installations;

c) Quantitative and qualitative risk identification, analysis, and assessment;

d) Risk mitigating solution.

4. Emergency response plan must rely on results of risk assessment report and include basic details such as:

a) Description and classification of possible emergencies;

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c) Response procedures for every scenario;

d) Description of internal and external resources that are available or can be mobilized to effectively respond to emergencies;

dd) Contact address and information of internal departments for emergency response and reporting to relevant competent authority;

e) Emergency response training and drill plans;

g) Operational recovery plans for petroleum installations include inspect, assessment of causes and consequences for the purpose of re-establishing and improving safety level of petroleum installations;

h) Emergency response plan must conform to emergency response system of the National Committee for Search and Rescue, local governments, and PVN (with respect to entities affiliated to the PVN, petroleum joint venture, and petroleum contractors);

i) Organizations and individuals engaging in petroleum operations available for cooperation in developing general emergency response plan.

5. The Ministry of Industry and Trade shall provide detail guidelines on safety management documents in petroleum operations.

Article 40. Documents and procedures for assessment, approval of safety management documents

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a) Written request for approval of safety management documents;

b) Safety management documents under Article 39 hereof;

c) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

d) Other relevant documents.

2. Assessment of safety management documents includes:

a) Assessing compliance of documents with the Law on Petroleum and this Decree;

b) Assessing adequacy and accuracy of contents of documents;

c) Physical observation at petroleum installations (if necessary).

3. Assessment of safety management documents shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of ministries, central departments, relevant organizations, if necessary).

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5. Within 5 working days from the date on which written assessment produced by assessment councils is received, the Minister of Industry and Trade shall promulgate decision approving safety management documents.

Article 41. Safety management system

1. Contractors must develop, maintain, and update safety management system in order to ensure safety of all petroleum operations starting from hydrocarbon exploration phase to the end of petroleum installation decommissioning phase.

2. Primary details of safety management system include:

a) Policies and objectives regarding safety, working environment and programs, plans for executing these objectives;

b) Up-to-date list of relevant legislative documents, standards, technical regulations;

c) Operating, emergency response, construction and machinery maintenance procedures; regulations on management, examination, inspection, and certification of technical safety and environmental protection in regarding constructions, machinery, equipment, and hazardous chemicals;

d) Safety regulations; safety signs for production lines, machinery, equipment, materials, chemicals, and tasks with strict safety requirements; document storage and management, reporting;

dd) System of safety operations; decentralized responsibilities, task execution, report recipients; qualification and experience requirements appropriate to working positions;

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g) Mandatory update, assessment, and control implemented by organizations and individuals regarding any change to organization, technicality, technology, and other requirements that affect risk levels in order to ensure continuous and consistent performance of safety management system.

Article 42. Safety risk management

1. Contractors must ensure that all risks are identified, analyzed, and assessed for all petroleum installations, machinery, equipment, chemicals, and hazardous materials. Risk assessment results shall serve as input data for organizing of emergency response operations.

2. Risk management operations include:

a) Quantitative and qualitative risks must be conducted for every phase of petroleum operations to act as the basis for solutions for controlling, mitigating risks, and proving acceptable risk levels according to national technical regulations;

b) Risk assessment reports must be updated once every 5 year or in case of modification or major change to operating technology and organization in order to act as the basis for decisions relating to petroleum operation safety;

c) Contractors must identify positions and specific conditions where high risks are present and where safety concerns exist when implementing activities in order to take mitigating actions.

Article 43. Emergency response

1. Contractors must develop and maintain emergency response system in order to effectively respond to emergencies and accidents that threaten humans, the environment, or property. Contractors shall notify competent authority depending on severity of emergencies and accidents as per the law.

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3. Individuals arriving at petroleum installations for the first time must receive detail guidance regarding emergency response operations, safety equipment, and means of egress.

Article 44. Safety in designing, manufacturing, constructing, and operating petroleum installations

1. Petroleum installations must be designed, manufactured, and constructed in a manner that adheres to national technical regulations, national standards, or international standards, regional standards, and foreign standards that are widely accepted, applied, compliant with Vietnamese regulations and law, international treaties to which Vietnam is a signatory, and satisfies requirements below:

a) Technology safety;

b) Construction safety;

c) Fire prevention and safety;

d) Safety zone and corridor;

dd) Regulations on environmental protection;

e) Ability to withstand expected load during operation and emergency;

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2. Designing, manufacturing, constructing, testing, and commissioning of petroleum installations must be inspected and certified by competent authority as per the law in order to ensure compliance with technical regulations, standards, Vietnamese regulations and law, and international treaties to which Vietnam is a signatory.

3. Prior to conducting test runs, contractors must conduct inspection, test, and experiment for each work item and make sure that emergency response plan and fire prevention and firefighting operation are ready and available as per the law. During test runs, organizations and individuals must adopt solutions for timely and effective response to possible accidents and emergencies.

4. Petroleum installations shall only enter into operation if their inspection, test, experiment results, and safety features meet the requirements.

5. Petroleum installations must be operated, maintained, inspected, and repaired in a manner that adheres to regulations of the law, procedures, technical regulations, and standards applied. Contractors must immediately cease operations if such operations can harm humans, the environment, or petroleum installations and cannot be controlled.

Chapter VI

PROCEDURES FOR APPROVING EXECUTION OF PETROLEUM OPERATIONS

Article 45. Documents and procedures for assessment, approval of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment

1. Pursuant to Clause 1 Article 42 of the Law on Petroleum, on the basis of request of contractors approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment. The documents consist of:

a) Written request for approval of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment which states reasons and includes assessment, comparison of economic effectiveness between solutions that involve uniform chains and other solutions;

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c) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

d) Proposed demand for forest, land repurposing (if any) together with presentation, maps of current forest and land conditions, and other documents in accordance with forestry laws, land laws, and relevant law provisions;

dd) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Committee for Management of State Capital at Enterprises (if the PVN participates in petroleum contracts as contractors), and relevant ministries, central departments, local governments.

3. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries, central departments, and local governments shall send written feedback regarding their expertise to the Ministry of Industry and Trade, where the Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development shall provide feedback on forest and land repurposing (if any) in accordance with forestry laws, land laws, and other relevant law provisions.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess request for execution of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment and request the Prime Minister to approve. The documents consist of:

a) Written report on assessment results and request for approval of execution principles of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

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a) Written request for approval of forest and land repurposing principles for oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment to be sent to the National Assembly by the Government;

b) Documents according to forestry and land laws;

c) Other relevant documents.

6. When forest and land repurposing principles and overall field development plans are approved, documents and procedures of provincial People’s Committees for expropriation and repurposing of forests, land that serve execution of oil field development projects with uniform chains of onshore and offshore petroleum installations and equipment shall conform to forestry laws, land laws, and relevant law provisions.

7. During the period of forest, land expropriation and repurposing to execute oil field development projects, the PVN and contractors are allowed to conduct surveying and measurement to collect data for preparation of oil field development plans.

Article 46. Documents and procedures for assessment, approval of forest, land repurposing principles of onshore oil field development projects

1. If onshore oil field development projects require forest, land repurposing in accordance with Clause 2 Article 42 of the Law on Petroleum, on the basis of request of contractors, the PVN shall request competent authority to assess and approve forest, land repurposing principles in accordance with forestry laws and land laws.

2. If approval for forest, land repurposing principles is only granted by the National Assembly in accordance with Point a Clause 2 Article 42 of the Law on Petroleum, the Government shall send documents requesting approval for forest, land repurposing principles to the National Assembly in the same manner depicted under Clause 5 Article 45 hereof.

3. Procedures for assessing and approving forest, land repurposing principles of onshore oil field development projects shall conform to forestry laws, land laws, and other relevant law provisions.

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Article 47. Documents and procedures for assessment, approval of petroleum resource and reserves report, updated petroleum resource and reserves report

1. Within 120 days from the date on which appraisal of petroleum discovery, on the basis of petroleum resource and reserves report produced by contractors and approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval of petroleum resource and reserves report. The documents consist of:

a) Written request for approval of petroleum resource and reserves report of petroleum discovery that has undergone appraisal;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Petroleum resource and reserves report containing basic details under Article 45 of the Law on Petroleum;

d) Summary of petroleum resource and reserves report;

dd) Other relevant documents.

2. Assessment of petroleum resource and reserves report shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. During assessment process, the Ministry of Industry and Trade shall request the PVN to appoint capable consulting organizations to assess petroleum resource and reserves report if necessary. Expenditure on hiring consultants shall be sourced from costs for management and supervision of petroleum contracts under Point c Clause 4 Article 64 of the Law on Petroleum. Consulting organizations must be legally and financially independent of the contractors. Assessment period shall last no longer than 90 days.

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5. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decision approving petroleum resource and reserves report.

6. Documents and procedures for assessment, approval of updated petroleum resource and reserves report under Clause 5 Article 45 of the Law on Petroleum shall conform to this Article.

7. The Ministry of Industry and Trade shall elaborate decentralization and production of petroleum resource and reserves report.

Article 48. Documents and procedures for assessment, approval of overall oil field development plan, revised overall oil field development plan

1. Within 12 months from the date on which petroleum resource and reserves report is approved, on the basis of overall oil field development plan produced by contractors and approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for overall oil field development plan. The documents consist of:

a) Written request for approval of overall oil field development plan;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Overall oil field development plan containing basic details under Article 46 of the Law on Petroleum. In case of gas field development, preliminary gas sale plan must contain basic information on gas buyers, expected time of gas sale, and other prerequisites of gas sale plan;

d) Summary of overall oil field development plan;

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e) Agreement on common oil field development principles (if any);

g) Other relevant documents.

2. Assessment of overall oil field development plan shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. If the PVN participates in petroleum contracts as contractors, in addition to assessment of overall oil field development plan conducted by assessment councils, the Ministry of Industry and Trade shall send request for feedback to the Committee for Management of State Capital at Enterprises regarding capital use of the PVN.

4. Within 45 days from the date on which adequate documents are received, the assessment councils shall assess overall oil field development plan and request the Minister of Industry and Trade to approve.

5. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving overall oil field development plan.

6. Documents and procedures for assessment, approval of revised overall oil field development plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 5 Article 46 of the Law on Petroleum shall conform to this Article.

7. Documents and procedures for assessment, approval of revised overall oil field development plan for revision that requires approval of the PVN under Clause 5 Article 46 of the Law on Petroleum shall conform to procedures promulgated by the PVN.

Article 49. Documents and procedures for assessment, approval of early development plans, revised early development plans

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a) Currently available information does not permit determination of reasonable production plan according to international oil and gas industry practice but demands additional data gathering on the basis of actual production of oil fields, deposit layers, and seams;

b) Proved and probable reserves (on-site petroleum) P1/2P must not be lower than 40% or approval of the Ministry of Industry and Trade is required.

2. Within 18 days from the date on which overall oil field development plan is approved, on the basis of early development plan produced by contractors and approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for early development plan. The documents consist of:

a) Written request for approval of early development plan;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Early development plan containing basic details under Article 47 of the Law on Petroleum;

d) Summary of early development plan;

dd) Agreement on combined petroleum and oil field discovery between relevant parties (if any) on the basis of approval of the Prime Minister regarding combining of petroleum discovery, oil field discovery under Article 48 hereof;

e) Agreement on common oil field development (if any) on the basis of agreement on common oil field development principles approved under Article 48 hereof;

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3. Assessment of early development plan shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

4. If the PVN participates in petroleum contracts as contractors, in addition to assessment of overall oil field development plan conducted by assessment councils, the Ministry of Industry and Trade shall send request for feedback to the Committee for Management of State Capital at Enterprises regarding capital use of the PVN.

5. During assessment process, the Ministry of Industry and Trade can request the PVN to appoint consulting organizations capable of assessing early development plan if necessary. Expenditure on hiring consultants shall be sourced from costs for management and supervision of petroleum contracts under Point c Clause 4 Article 64 of the Law on Petroleum. Consulting organizations must be legally and financially independent of the contractors. Assessment period shall last no longer than 90 days.

6. Within 45 days from the date on which adequate documents are received (including assessment report of consulting organizations, if needed), assessment councils shall assess early development plan and request the Ministry of Industry and Trade to approve.

7. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving early development plan.

8. Documents and procedures for assessment, approval of revised early development plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 6 Article 47 of the Law on Petroleum shall conform to this Article.

9. Documents and procedures for assessment, approval of revised early development plan for revision that requires approval of the PVN according to Clause 5 Article 47 of the Law on Petroleum shall be determined by total investment accumulated from the last time early development plan was approved and conform to procedures promulgated by the PVN.

Article 50. Documents and procedures for assessment, approval of oil field development plan, revised oil field development plan

1. Within 18 months from the date on which overall oil field development plan is approved or within 6 months prior to the end of early development plan, on the basis of oil field development plan produced by contractors and approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval of oil field development plan. The documents consist of:

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b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Oil field development plan containing basic details under Article 48 of the Law on Petroleum;

d) Summary of oil field development plan;

e) Agreement on common oil field development (if any) on the basis of agreement on common oil field development principles approved under Article 48 hereof;

g) Other relevant documents.

2. Assessment of oil field development plan shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. If the PVN participates in petroleum contracts as contractors, in addition to assessment of oil field development plan conducted by assessment councils, the Ministry of Industry and Trade shall send request for feedback to the Committee for Management of State Capital at Enterprises regarding capital use of the PVN.

4. During assessment process, the Ministry of Industry and Trade can request the PVN to appoint consulting organizations capable of assessing oil field development plan if necessary. Expenditure on hiring consultants shall be sourced from costs for management and supervision of petroleum contracts under Point c Clause 4 Article 64 of the Law on Petroleum. Consulting organizations must be legally and financially independent of the contractors. Assessment period shall last no longer than 90 days.

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6. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving oil field development plan.

7. Documents and procedures for assessment, approval of revised oil field development plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 6 Article 48 of the Law on Petroleum shall conform to this Article.

8. Documents and procedures for assessment, approval of revised early development plan for revision that requires approval of the PVN according to Clause 5 Article 48 of the Law on Petroleum shall be determined by total investment accumulated from the last time early development plan was approved and conform to procedures promulgated by the PVN.

Article 51. Documents and procedures for assessment, approval of decommissioning plan, revised decommissioning plan

1. Within 1 year from the date on which first oil or first gas is produced commercially from area under petroleum contract, on the basis of decommissioning plan produced by contractors and approved by the PVN, the PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request approval for decommissioning plan. The documents consist of:

a) Written request for approval of decommissioning plan;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Decommissioning plan containing basic details under Article 50 of the Law on Petroleum;

d) Summary of decommissioning plan;

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2. Assessment of decommissioning plan shall be conducted by assessment councils. The Minister of Industry and Trade shall promulgate decision on establishment and operating regulations of assessment councils (including representatives of relevant ministries, central departments, and relevant organizations) and expert teams assisting the assessment councils.

3. Within 45 days from the date on which adequate documents are received, assessment councils shall assess decommissioning plan and request the Ministry of Industry and Trade to approve.

4. Within 5 working days from the date on which written assessment sent by assessment councils is received, the Minister of Industry and Trade shall promulgate decisions approving decommissioning plan.

5. Documents and procedures for assessment, approval of decommissioning plan for revision that requires approval of the Ministry of Industry and Trade according to Clause 8 Article 50 of the Law on Petroleum shall conform to this Article.

6. Documents and procedures for assessment, approval of revised decommissioning plan for revision that requires approval of the PVN under Clause 6 Article 50 of the Law on Petroleum shall conform to procedures promulgated by the PVN.

Article 52. Guarantee fund for fulfillment of decommissioning obligations

1. Currency used in guarantee fund for fulfillment of decommissioning obligations (hereinafter referred to as “decommissioning fund”) shall be the USD.

2. Annual donation to decommissioning fund (including VAT) shall be determined using formula below:

E_n =

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D_n

Where:

E_n: Donation to the fund in the year n, in USD;

A_n: Petroleum production in the year n, determined by production in the corresponding year, in barrel of oil equivalent (BOE);

B_n: Total decommissioning costs in the year n, B_n = (b₁ - b₂), where:

b₁: Total decommissioning costs estimated under (the latest and approved) decommissioning plan, in USD;

b₂: Estimates of costs determined under (the latest and approved) decommissioning plan corresponding to equipment, property, or installations that have been decommissioned as of the year (n-1), in USD;

C_(n-1): Balance of decommissioning fund as of December 31 of the year (n-1) determined by total balance of all accounts which the PVN donates to and verified by relevant credit institutions in writing, in USD;

I_(n-1): Interests of bank deposits which organizations and individuals are eligible for after the PVN fulfills obligations to the state budget (if any) on their behalf for the year n-1;

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d₁: Oil reserves for exploitation determined under oil field development plan or early development plan approved by competent authority as of the end of the year n, in BOE;

d₂: Total oil reserves exploited from (other) relevant oil fields as of the year (n-1), in BOE.

3. Prior to termination of oil field operation or early termination of petroleum contracts, contractors must prepare adequate decommissioning fund according to the final decommissioning plan approved by competent authority.

4. Within 1 year prior to termination of petroleum contracts or the end of petroleum exploitation period according to approved oil field development plan or revised oil field development plan, contractors must update decommissioning plan and request competent authority to approve in accordance with Article 51 hereof.

5. If balance of decommissioning fund is lower than cost estimates detailed under the final and approved decommissioning plan, within 6 months prior to termination of petroleum contracts or the end of petroleum exploitation period, each contractor must make additional donations to the fund depending on their participating interests in petroleum contracts. If necessary, the PVN shall request contractors to apply for bank guarantee in order to guarantee fulfillment of decommissioning obligations where guarantee amount is equivalent to the missing amount.

6. If balance of decommissioning fund is greater than cost estimates detailed under the final and approved decommissioning plan, the surplus will be dealt with during finalization in accordance with Article 54 hereof or returned to contractors if the PVN receives use right of decommissioning fund (in case contractors are allowed to partially or entirely retain petroleum installations) as long as the contractors have fulfilled financial obligations with host countries in accordance with petroleum contracts and relevant law provisions. The surplus returned to contractors shall be dealt with in accordance with Clause 5 Article 54 hereof.

7. If signed petroleum contracts contain agreements regarding guarantee for fulfillment of decommissioning obligations that are different from this Decree, contractors shall conform to the petroleum contracts.

Article 53. Management and use of decommissioning fund

1. Decommissioning fund shall serve decommissioning of petroleum installations. Contractors shall tap into the fund for the purpose of decommissioning petroleum installations in accordance with approved decommissioning plan.

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3. If contractors are not required to decommission or only required to partially decommission petroleum installations, the entirety or part of decommissioning fund corresponding to the entirety or party of petroleum installations required to be retained shall remain under management of the PVN and shall be used for decommissioning petroleum installations that are no longer required for petroleum operations or safety operation of which can no longer be maintained. In this case, the PVN shall cooperate with contractors in determining amount of decommissioning fund at the time in which the PVN receives use right of the fund while the contractors are responsible for donating the missing amount which is determined in accordance with Article 52 hereof. When contractors have made additional donations to decommissioning fund and transferred fund use right to the PVN, the contractors shall be relieved from obligations to the entirety or party of petroleum installations that have not been decommissioned and relieved from obligations to contingency costs for decommissioning of petroleum installations (if any).

4. On an annual basis, the PVN shall audit and verify donations to decommissioning fund, disbursement from the fund, and costs incurred by the contractors.

Article 54. Finalization of decommissioning fund

1. Within 9 months from the date on which partial or total decommissioning of petroleum installations under petroleum contracts, contractors must produce decommissioning completion report for partial or total decommissioning, request the PVN to approve, and request the Ministry of Industry and Trade to monitor.

2. Primary contents of decommissioning completion report include:

a) Description of petroleum installations and actual decommissioning work conducted;

b) Decommissioning progress;

c) Assessment of changes between actual decommissioning operation and approved plan (if any);

d) Actual decommissioning costs;

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e) Responsibility for retained installations (if any).

3. Sale value of refuse collected during and after decommissioning process shall be recorded and dealt with during finalization of decommissioning fund in accordance with Clause 4 and Clause 5 of this Article.

4. Within 30 days from the date on which the PVN approves decommissioning completion report, contractors shall cooperate with the PVN in finalizing decommissioning costs ( including sale value of refuse mentioned under Clause 3 of this Article).

5. If contractors decommission petroleum installations at the end of petroleum contracts, balance of decommissioning fund, after finalization and fulfillment of financial obligations of petroleum contracts, shall be dealt with as follows:

a) If contractors have recovered donations to decommissioning fund, fund balance, after fulfilling financial obligation in accordance with petroleum contracts, shall be distributed to contractors and the PVN depending on profit oil ratio applicable to the highest production scale implemented during effective period of petroleum contracts;

b) If contractors have not fully recovered their donations to decommissioning fund, the remaining fund balance shall cover the unrecovered amount. Fund balance after allowing contractors to recover their donations (if any) and fulfilling financial obligations according to petroleum contracts shall be distributed between contractors and the PVN depending on profit oil ratio applicable to the highest production scale implemented during effective period of petroleum contracts.

6. If the PVN receives decommissioning fund and directly implements decommissioning, fund balance after finalization shall be submitted to state budget.

7. On an annual basis, the PVN shall submit reports on management, use, and finalization of decommissioning fund to the Ministry of Industry and Trade and Ministry of Finance.

Article 55. Documents and procedures for approval of retention, delayed decommissioning, partial or total decommissioning

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a) Written request for partial, total retention of petroleum installations or delayed partial, total decommissioning;

b) Assessment of PVN regarding request of the contractors; documents on acknowledgement and presentation of the contractors (if any);

c) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to the Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Planning and Investment, Ministry of National Defense, and relevant ministries and central departments.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall promulgate written approval for partial, total retention of petroleum installations or delayed partial, total decommissioning.

5. If the PVN requests partial, total retention of petroleum installations or delayed partial, total decommissioning, procedures for requesting and approving shall conform to Clauses 1, 2, 3, and 4 of this Article.

6. If competent authority requests partial or total retention of petroleum installations, the Ministry of Industry and Trade shall inform the PVN and contractors in writing at least 6 months prior to decommissioning according to approved progress.

7. The Ministry of Industry and Trade shall elaborate preservation and abandonment of oil wells and decommissioning of petroleum installations.

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PREFERENTIAL TREATMENT IN PETROLEUM OPERATIONS

Article 56. Criteria for determining oil blocks in deep waters, offshore waters, areas with extremely difficult geographic conditions, complicated geological situations; marginal fields

1. Oil blocks in deep waters, offshore waters, areas with extremely difficult geographic conditions, complicated geological situations are oil blocks where:

a) the shallowest point is located at a minimum depth of 150 m;

b) the point closest to shore is at least 150 km away from shore.

2. Marginal fields are fields whose internal rate of return for the entire project lifetime is below 10% in USD and is lower than average cost of capital.

Article 57. Documents and procedures for assessment, approval of list of oil blocks, oil fields eligible for investment incentive policies and special investment incentive policies

1. Depending on eligible entities under Article 53 of the Law on Petroleum, the PVN shall develop list of oil blocks and oil fields eligible for investment incentive policies and special investment incentive policies and submit 2 sets of documents (including 1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service. The documents consist of:

a) Written request for approval of list of oil blocks, oil fields eligible for investment incentive policies and special investment incentive policies;

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c) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send request for feedback to Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of Natural Resources and Environment, Ministry of National Defense, Ministry of Public Security, and relevant ministries and central departments.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess lists of oil fields and oil blocks eligible for investment incentive policies and special investment incentive policies and request the Prime Minister to approve. The documents consist of:

a) Written presentation of assessment results and written request for approval of lists of oil blocks and oil fields eligible for investment incentive policies and special investment incentive policies to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

5. On an annual basis, the PVN shall review and evaluate negotiation, signing of petroleum contracts, and implementation of petroleum operations in oil blocks and oil fields, and propose adjustment to lists of oil blocks and oil fields eligible for investment incentive policies and special investment incentive policies (if necessary), request the Ministry of Industry and Trade to assess, and request the Prime Minister to approve in accordance with this Article.

Chapter VIII

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Article 58. Salvaging rules of oil fields, groups of oil fields, and oil blocks

1. Salvaging operations of oil fields, groups of oil fields, and oil blocks shall conform to Article 60 hereof depending on specific oil fields, groups of oil fields, and oil blocks.

2. Petroleum operations in oil fields, groups of oil fields, and oil blocks must be safe, efficient, effective, strictly control costs, conform to economic and technical norms approved or promulgated by competent authority, and adhere to relevant law provisions.

3. The PVN shall directly manage and coordinate salvaging operations of oil fields, groups of oil fields, and oil blocks; select and designate operators with sufficient financial, technical capability and experience in petroleum operations to perform salvaging operations effectively.

4. Documents and procedures for assessment, approval of additional investment shall conform to Clause 5 Article 44 of the Law on Petroleum, Article 48 and Article 50 hereof.

Article 59. Main details of regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks

1. General information oil fields, groups of oil fields, and oil blocks for salvaging.

2. Rules of coordinating petroleum operations in oil fields, groups of oil fields, and oil blocks for salvaging under Article 58 hereof.

3. Petroleum sales generated by salvaging operations of oil field, groups of oil fields, and oil blocks, and other revenues (if any) shall serve:

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b) Advance payment for cost estimates of subsequent phases in accordance with approved operating program and budget; advance payment for procurement costs of materials, services serving petroleum operations during periods where no products have been sold and in case petroleum sales are insufficient to cover legitimate, reasonable costs of petroleum operations or contingency costs or decommissioning costs in case decommissioning fund is insufficient to cover decommissioning operations.

c) Additional investment made to maintain petroleum mining productivity; donation to decommissioning fund for work items of additional investment (if any).

4. Submit the following amounts to the state budget on an annual basis:

a) Remaining revenues after spending on purposes under Clause 3 of this Article;

b) Remaining budget (if any) if total amount spent at the end of the period is lower than actual approved budget;

c) Interests (if any) of remaining provisions that are allowed to be retained at the end of financial year;

d) Remaining amount (if any) of decommissioning fund after decommissioning determined by audit results as per the law;

5. Salvaging operations of oil fields, groups of oil fields, and oil blocks shall be terminated when:

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b) Conditions of constructions and equipment in oil fields, groups of oil fields, and oil blocks are no longer safe;

c) Force majeure that causes continuation of petroleum operations no longer viable occurs.

6. In salvaging operations of oil fields, groups of oil fields, and oil blocks, the PVN has the responsibility to

a) organize safe and effective salvaging operations of oil fields, groups of oil fields, and oil blocks; e

b) develop and approve annual operation programs and budget;

c) develop and approve procedures for selecting contractors for service provision, procurement in takeover operation of oil fields, groups of oil fields, oil blocks in a manner that is compliant with the Law on Petroleum and rules applicable to petroleum contracts;

d) submit quarterly reports on salvaging operations of oil fields, groups of oil fields, oil blocks which include surplus and/or deficit assessment, fluctuations in salvaging operations (if any), and subsequent solutions to the Prime Minister;

dd) decide on termination of salvaging operations and decommissioning of petroleum installations;

e) implement financial audit and period-end accounting (if any); approve finalization reports of salvaging operations on the basis of the aforementioned accounting reports; approve finalization report of decommissioning costs;

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Article 60. Documents and procedures for assessment, approval of regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks

1. Pursuant to Point c Clause 2 and Point b Clause 3 Article 41 of the Law on Petroleum, the PVN shall develop regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks appropriate to nature and characteristics of each oil field, group of oil field, and oil block and submit 2 sets of documents (including 1 set of original document and 1 set of copy) to the Ministry of Industry and Trade directly or via post service to request approval for regulations on salvaging operations. The documents consist of:

a) Written request for approval of regulations on salvaging operations of oil fields, groups of oil fields, and blocks;

b) Draft regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks containing basic contents under Article 59 hereof;

c) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of Natural Resources and Environment, Committee for Management of State Capital at Enterprises, and relevant ministries and central departments.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks and request the Prime Minister to approve. The documents consist of:

a) Written presentation of assessment results and request for approval of regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks;

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c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

Article 61. Regulations on management, recording, and use of assets received from contractors in salvaging operations of oil fields, groups of oil fields, and oil blocks

1. In order to salvage oil fields, groups of oil fields, and oil blocks, the PVN shall receive information, data, documents, specimen, petroleum installation, and other assets installed, invested under terminated petroleum contracts in accordance with agreement with contractors; the PVN is allowed to use information, data, documents, specimen, petroleum installations, and other assets without paying.

2. The PVN shall manage, produce separate reports to monitor information, data, documents, specimen, petroleum installations, and other assets that they have received in accordance with Clause 1 of this Article and update as an increase in investment. The increase in investment is specified under Decision of the Prime Minister approving regulations on salvaging operations of oil fields, groups of oil fields, and oil blocks and does not reflect in state capital invested in enterprises or financial statement of the PVN.

3. At the end of salvaging operations and decommissioning, the PVN shall continue to manage information, data, specimen, documents, and other assets (if any) in accordance with the Law on Petroleum and this Decree.

Chapter IX

FINALIZATION OF PETROLEUM OPERATIONS UNDER PETROLEUM CONTRACTS

Article 62. Finalization of costs of petroleum operations under petroleum contracts

1. Finalization of costs of petroleum operations under petroleum contracts shall be done in each period or smaller periods of petroleum contracts or at the end of petroleum projects, sub-projects of petroleum projects and upon termination of petroleum contracts in accordance with signed petroleum contracts and the Law on Petroleum.

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3. The PVN is responsible for inspecting and approving finalization reports on costs of petroleum operations produced and presented by contractors on the basis of audit results of costs of petroleum operations implemented by the PVN in accordance with signed petroleum contracts and the Law on Petroleum. The PVN is allowed to hire independent audit (if necessary) to audit finalization reports of costs of petroleum operations presented by contractors.

Chapter X

IMPLEMENTATION

Article 63. Entry into force

1. This Decree comes into force from July 1, 2023 and replaces Decree No. 95/2015/ND-CP dated October 16, 2015 of the Government and Decree No. 33/2013/ND-CP dated April 22, 2013 of the Government.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

Article 64. Transition clause

1. With respect to petroleum contracts issued with IRC before the effective date hereof, entitlement, documents, and procedures for assessment, approval of new reports, plans, programs or revised reports, plans, programs after the effective date hereof shall conform to this Decree.

2. Joint operating companies representing the contractors coordinating petroleum operations established before the effective date hereof shall continue to operate in accordance with petroleum contracts.

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ON BEHALF OF. THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER

Tran Hong Ha

Từ khóa: Nghị định 45/2023/ND-CP, Nghị định số 45/2023/ND-CP, Nghị định 45/2023/ND-CP của Chính phủ, Nghị định số 45/2023/ND-CP của Chính phủ, Nghị định 45 2023 ND CP của Chính phủ, 45/2023/ND-CP

File gốc của Decree No. 45/2023/ND-CP dated July 01, 2023 on elaborating the Law on Petroleum đang được cập nhật.

Decree No. 45/2023/ND-CP dated July 01, 2023 on elaborating the Law on Petroleum

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Cơ quan ban hành	Chính phủ
Số hiệu	45/2023/ND-CP
Loại văn bản	Nghị định
Người ký	Trần Hồng Hà
Ngày ban hành	2023-07-01
Ngày hiệu lực	2023-07-01
Lĩnh vực	Tài nguyên - Môi trường
Tình trạng	Còn hiệu lực

TT	Tên sản phẩm	Giá tiền	Đăng ký
1	Gói cơ bản – 1 năm	350.000 ₫	Đăng nhập
2	Gói cơ bản – 2 năm	700.000 ₫	Đăng nhập
3	Gói cơ bản – 3 năm	1.000.000 ₫	Đăng nhập
4	Gói cơ bản – 6 tháng	180.000 ₫	Đăng nhập
5	Gói cơ bản – 5 năm	1.600.000 ₫	Đăng nhập
6	Gói nâng cao – 1 năm	1.100.000 ₫	Đăng nhập
7	Gói nâng cao – 2 năm	2.300.000 ₫	Đăng nhập
8	Gói nâng cao – 3 năm	3.400.000 ₫	Đăng nhập
9	Gói nâng cao – 6 tháng	594.000 ₫	Đăng nhập
10	Gói nâng cao – 5 năm	5.800.000 ₫	Đăng nhập

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Decree No. 45/2023/ND-CP dated July 01, 2023 on elaborating the Law on Petroleum

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Decree No. 45/2023/ND-CP dated July 01, 2023 on elaborating the Law on Petroleum

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