Nghị định 47/1999/ND-CP

DECREE

AMENDING AND SUPPLEMENTING THE REGULATION ON SAFETY PROTECTION OF PETROL AND OIL PROJECTS, ISSUED TOGETHER WITH THE GOVERNMENT’S DECREE NO. 10/CP OF FEBRUARY 17, 1993

THE GOVERNMENT

Pursuant the Law on Organization of the Government of September 30, 1992;
At the proposal of the Minister of Trade,

DECREES:

Article 1.- To amend and supplement a number of articles of the Regulation on safety protection of petrol and oil projects, issued together with Decree No. 10/CP of February 17, 1993 of the Government as follows:

1. To amend Clause 1 and Points a, b and h, Clause 1, Article 5, Chapter II as follows:

"Article 5.- For main petrol and oil pipelines.

1. The safety protection area for main petrol and oil pipelines of grade IV (pipe of a diameter of less than 300 mm and with a working pressure of over 25 kg/cm2), or grade V (pipe of a diameter of less than 300 mm and with a working pressure exceeding 16 kg/cm2 but not exceeding 25 kg/cm2), and laid from 0.6 m to 1 m underground as measured from the pipeline axis to other projects on both sides, is prescribed as follows:

a) For residential houses and other projects in cities, provincial towns, district townships, villages, densely populated areas (schools, clubs, crèches, hospitals, sanitariums, car terminals, industrial parks, industrial plants and airports...):

+ 60 m for pipelines of grade IV

+ 25 m for pipelines of grade V

b) For isolated dwelling houses, animal farms, agricultural and forestrial storehouses, industrial plants areas, pastures and gardens:

+ 50 m for pipelines of grade IV

+ 20 m for pipelines of grade V

...

h) The aerial high-tension power cable lines in parallel with petrol and oil pipelines of grade IV or V must be kept at a distance at least equal to the height of the highest power post plus (+) 10 m".

2. To add Points k, l, m and n to Clause 1, Article 5 as follows:

"k) For communications and radio receiving and transmitting posts:

+ 100 m for pipelines of grade IV

+ 75 m for pipelines of grade V

l) For petroleum gas compressing or distributing stations, petrol and oil pumping stations or outlets:

+ 30 m for pipelines of grade IV

+ 20 m for pipelines of grade V

m) For petrol and oil depots, petroleum gas stores of a storing capacity of 1,000 m3 or more:

+ 75 m for pipelines of grade IV

+ 30 m for pipelines of grade V

n) For mines or exploration drilling sites:

+ 30 m for pipelines of grade IV

+ 15 m for pipelines of grade V"

3. To amend Article 6, Chapter III, as follows:

"Article 6.-

The safety of petrol and oil projects which are the State’s property, of national security significance, prone to fire and/or explosion that may cost human lives and property must be ensured.

Protecting the safety of petrol and oil projects is the responsibility of the agencies in charge of such petrol and oil projects, the People’s Committees of all levels, all ministries and branches, and people of all strata. All organizations and individuals are obliged to strictly abide by the regulations on safety protection of petrol and oil projects and shall, upon detecting acts of violating such regulations, have to promptly report them to the nearest authorities, police or agency in charge of petrol and oil projects for timely handling".

4. To amend Article 10, Chapter III, as follows:

"Article 10.-

1. Dwelling houses and projects constructed in compliance with law at the time of construction, which are now lying within the petrol and oil project safety protection areas, must be dismantled or relocated. The lawful owners or users of such projects and dwelling houses shall enjoy damage compensations according to law.

2. Dwelling houses and projects constructed in contravention of law (at the time of construction), which are now lying within the areas for safety protection of petrol and oil projects, must be dismantled or relocated; and the owners such dwelling houses and projects shall not be entitled to compensations and shall have to bear all relocation expenses.

3. The People’s Committees of the provinces and centrally-run cities shall direct the site clearance, work out plans for compensations and relocation. The damage compensations and relocation expenses shall be paid by the agencies in charge of petrol and oil projects at the levels prescribed by law. Such damage compensations and relocation expenses shall be accounted into construction costs of petrol and oil projects or circulation fees charged by the units in charge of such petrol and oil projects. In cases where they meet with financial difficulties, the agencies in charge of petrol and oil projects shall request the competent agencies to consider and render supports".

5. To amend Article 14, Chapter IV, as follows:

"Article 14.-

Organizations and individuals with meritorious achievements in the safety protection of petrol and oil projects shall be commended and/or rewarded according to the State’s regulations.

Organizations and individuals that struggle against violations of regulations on the safety of petrol and oil projects and suffer from human and/or property losses, shall enjoy compensations therefor according to the provisions of law. In cases where damage is caused to the extent that the social regimes and policies shall apply, the agencies in charge of petrol and oil projects shall report the cases to the agencies managing such suffering organizations and individuals or the administrations of localities where they are located or reside, so that the latters request the competent authorities to consider and settle them according to regulations".

Article 2.- This Decree takes effect 15 days after its signing.

Article 3.- The Minister of Trade and the Minister of Public Security shall have to guide, inspect and supervise the implementation of this Decree.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.