Circular No. 34/2017/TT-BC dated December 29, 2017 of the Ministry of Industry and Trade on amending and supplementing a number of regulations on order and procedures for adjustments to planning and management of investment in projects of oil, liquefied petroleum gas, and liquefied natural gas depots

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF CIRCULAR NO. 39/2013/TT-BCT DATED DECEMBER 30, 2013 OF

THE MINISTER OF INDUSTRY AND TRADE PROVIDING ORDER

AND PROCEDURES FOR ADJUSTMENTS TO PLANNING AND MANAGEMENT OF INVESTMENT IN PROJECTS OF OIL, LIQUEFIED PETROLEUM GAS, AND LIQUEFIED NATURAL GAS DEPOTS

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, duties, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Public Investment No. 49/2014/QH13 dated June 18, 2014;

Pursuant to the Law on Construction No. 50/2014/QH13 dated June 18, 2014;

Pursuant to the Law on Investment No. 67/2014/QH13 dated November 26, 2014;

Pursuant to the Government s Decree No. 13/2011/ND-CP of February 11, 2011, on safety of onshore petroleum works;

Pursuant to the Government s Decree No. 59/2015/ND-CP dated June 18, 2015, on management of construction investment projects;

Pursuant to the Government s Decree No. 42/2017/ND-CP dated April 5, 2017, amending and supplementing a number of articles of the Government s Decree No. 59/2015/ND-CP dated June 18, 2015, on management of construction investment projects;

Pursuant to the Government s Decree No. 46/2015/ND-CP dated May 12, 2015, on quality management and maintenance of construction works;

Pursuant to the Prime Minister s Decision No. 04/QD-TTg dated November 20, 2015, stipulating the safety management in petroleum activities;

At the proposal of the Director of Planning Department,

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of Circular No. 39/2013/TT-BCT dated December 30, 2013, providing order and procedures for adjustments to planning and management of investment in projects of oil, liquefied petroleum gas, and liquefied natural gas depots.

Article 1. To amend and supplement a number of articles of Circular 39/2013/TT-BCT dated December 30, 2013.

1. To amend and supplement Clause 2, Article 1 as follows:

"2.This Circular does not apply to the supplementation andadjustment of the planning of investment projects in bonded warehouses; depots of crude oil, lubricants, liquid asphalt, and other petrochemical products; petroleum tanks and LPG tanks of petrochemical refineries; petroleum tanks at petrol and oil outlets; gas stations for cars; LPG bottling stations;reservoirs of oil serving the armed forces and internal use ofenterprises; LPG/LNG supplying stations and tanks serving industrial use, apartment buildings, or skyscrapers.”

2. To amend and supplement Article 9 as follows:

"Article 9. Management and implementation of investment projects on oil, LPG and LNG depots.

1. The management of investment projects on construction, repair, renovation or capacity raising of oil, LPG or LNG depots must be based on the approved planning and comply with the provisions on investment and construction in the Construction Law, the Government’s Decree 59/2015/ND-CP dated June 18, 2015, on management of construction investment projects and the Government’s Decree 42/2017/ND-CP dated April 5, 2017, amending and supplementing a number of articles of Decree No. 59/2015/ND-CP.

2. Quality management and maintenance of oil, LPG and LNG depots shall comply with the Government s Decree No. 46/2015/ND-CP dated May 12, 2015, on quality management and maintenance of construction works, and the provisions of law on ensuring safety for petroleum industry works.

3. Regulations on safety of oil works for the management of projects on investment in petrol and oil depots, LPG and LNG depots shall be implemented from the stage of investment preparation to commissioning, ensuring safety during the operation.

a) Safe distances for oil, LPG and LNG depots shall be preliminarily considered and calculated when selecting investment locations, and specified in the design tasks of petrol and oil, LPG and LNG depot projects in accordance with the Government s Decree No. 13/2011/ND-CP dated February 11, 2011 on the safety of onshore petroleum works.

b) Documents of safety management in oil, LPG and LNG depots shall be prepared and approved in accordance with the Prime Minister s Decision No. 04/2015/QD-TTg dated January 20, 2015, on safety management in petroleum activities.

c) Oil, LPG and LNG depots shall carry out quantitative risk assessment in accordance with the Circular No. 50/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade promulgating the National Technical Regulation No. QCVN 11:2012/BCT on risk acceptance criteria used for quantitative risk assessment of petroleum, oil and petrol, chemical and thermal activities.

d) Approved documents on safety management of petrol and oil depots, LPG and LNG depots are the basis for the design appraisal and approval after the fundamental design.

4. Classification of investment projects on petrol and oil, LPG and LNG depots.

a) By scale, including projects of national importance, Group A, Group B and Group C projects.

- Projects of national importance: complying with the provisions in Article 7 of the Law on Public Investment;

- Group A projects: having a total investment of VND 1,000 billion or more;

- Group B projects: having a total investment from VND 60 billion to less than VND 1,000 billion;

- Group C projects: having a total investment of less than VND 60 billion.

b) The projects which have a total investment of less than VND 15 billion (excluding land use levies) may only require economic-technical reports.

c) By the funding sources, including projects using state budget funds, projects using non-budget state funds and projects using other funding sources.

5. Classification of petrol and oil depots, LPG and LNG for managing investment projects, determining the competence of specialized agencies on construction design evaluation, inspecting the acceptance test upon the construction and the completion of  construction, and determining the capacity of construction-related individuals and organizations participating in the project management and implementation process is defined as follows:

a) Petrol and oil, LPG and LNG depots with a total capacity of over 100,000 m3: works of special class;

b) Petrol and oil, LPG and LNG depots with a total capacity of from 5,000 m3 to 100,000 m3: works of class I;

c) Petrol and oil depots with a total capacity of from 210 m3 to 5,000 m3; LPG and LNG depots with a total capacity of less than 5,000 m3: works of class II;

d) Petrol and oil depots with a total capacity of less than 210 m3: works of class III.

6. The contents of investment in the petrol and oil, LPG and LNG depots shall comply with the provisions of the Appendix issued together with this Circular."

3. To amend and supplement Points c, d and dd, Clause 1, Article 11 as follows:

“c) Take the role as a construction specialized agency under the Ministry of Industry and Trade, organizing the project evaluation, fundamental designs, post designs of fundamental designs and construction cost estimates and quality management of investment projects for building petrol and oil, LPG and LNG depots in accordance with their competence.

d) Organize periodic inspection according to plans and irregular inspection of quality management of entities involved in construction and quality of petrol and oil depots, LPG or depots LNG.

dd) Report on a periodic basis on contents of project evaluation, design and construction cost estimates; plans and results of inspection of quality management as well as quality of petrol and oil, LPG and LNG depots to submit to the Ministry of Construction for consolidation."

4. To amend and supplement Points c and d, Clause 2, Article 11 as follows:

“c) Organize the project evaluation, fundamental designs, post designs of fundamental designs and construction cost estimates; inspect the quality management and the acceptance test and commissioning of petrol and oil, LPG and LNG depots in their localities in accordance with their competence.

d) Submit periodic reports on project evaluation, design, construction cost estimate and quality management of individuals and organizations involved in the construction of petrol and oil, LPG and LNG depots as prescribed and send to the Planning Department and Ministry of Industry and Trade for consolidation and monitoring ”.

Article 2. Effect and implementation

1. This Circular takes effect on February 12, 2018.

2. Any problems arising in the course of implementation shall be reported to the Ministry of Industry and Trade for consideration and settlement./.

MINISTER

(Signed)

Tran Tuan Anh