Decree No. 115/2009/ND-CP dated December 24, 2009 of the Government amending and supplementing a number of articles of the Government's Decree No. 48/2000/ ND-CP detailing the Petroleum Law and the regulation on bidding for petroleum survey, exploration and exploitation promulgated together with Decree No. 34/2001/ND-CP

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	115/2009/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	24/12/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Bidding - Competition, Industry, Natural Resources - Environment

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THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 115/2009/ND-CP	Hanoi, December 24, 2009

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 48/2000/ ND-CP DETAILING THE PETROLEUM LAW AND THE REGULATION ON BIDDING FOR PETROLEUM SURVEY, EXPLORATION AND EXPLOITATION PROMULGATED TOGETHER WITH DECREE NO. 34/2001/ND-CP

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 6, 1993 Petroleum Law; the June 9, 2000 Law Amending and Supplementing a Number of Articles of the Petroleum Law; and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Petroleum Law;
At the proposal of the Ministry of Industry and Trade,

DECREES:

Article 1. Scope of amendment and supplementation

This Decree amends and supplements a number of articles of the Government's Decree No. 48/2000/ND-CP of September 12, 2000, detailing the Petroleum Law (below referred to as Decree No. 48/2000/ND-CP), and the Regulation on bidding for petroleum survey, exploration and exploitation promulgated together with Decree No. 34/2001/ND-CP (below referred to as the bidding regulation).

Article 2. To amend and supplement a number of articles of Decree No. 48/2000/ND-CP

1. Article 3 is amended and supplemented as follows:

"Article 3. Entities entitled to conduct petroleum activities

1. Organizations and individuals entitled to conduct petroleum activities include:

a/ Enterprises established and operating under the law on enterprises;

b/ Vietnamese and foreign organizations and individuals.

2. Enterprises, organizations and individuals defined in Clause 1 of this Article may conduct petroleum activities under petroleum contracts signed with the Vietnam Oil and Gas Group under the Petroleum Law, this Decree and relevant legal documents.

3. Petroleum survey and exploration of the Vietnam Oil and Gas Group shall be conducted by its member companies under petroleum contracts signed under Clause 2 of this Article."

2. To annul Clause 1, Article 4.

3. To add Clause 8 to Article 4 as follows:

"8. Plan on dismantlement of fixed works, equipment and means means a document containing technical and technological solutions, total costs and schedule for the dismantlement of fixed works, equipment and means in service of petroleum activities."

4. Article 15 is amended and supplemented as follows:

"Article 15. Obligation to dismantle fixed works, equipment and means in service of petroleum activities

1. Organizations and individuals conducting petroleum survey, exploration and exploitation are obliged to dismantle fixed works, equipment and means in service of petroleum activities.

2. Organizations and individuals conducting petroleum exploitation shall work out plans on dismantlement of fixed works, equipment and means and funds for the dismantlement under law. and submit them to the Ministry of Industry and Trade for consideration and approval.

3. Organizations and individuals shall dismantle fixed works, equipment and means in service of petroleum activities under approved plans.

If their requests are approved by the Ministry of Industry and Trade or the Ministry of Industry and Trade requests, organizations and individuals may be exempt from dismantling all or part of fixed works, equipment and means in service of petroleum activities.

4. Expenses for the dismantlement shall be accounted as retrieved petroleum expenses."

5. Article 25 is amended and supplemented as follows:

"Article 25. Prolongation of the survey and exploration stage and extension of petroleum contracts

1. Prolongation of the survey and exploration stage

In case each sub-stage or the whole stage of survey and exploration expires but contractors have not yet fulfilled their work programs, the deadline of each sub-stage or the whole stage of survey and exploration may be prolonged, provided that the total prolonged duration must not exceed the duration specified in Article 17 of the Petroleum Law. At least 90 days before the end of each sub-stage or the whole stage of survey and exploration, contractors and the Vietnam Oil and Gas Group shall submit to the Ministry of Industry and Trade reports clearly stating reasons for the prolongation. Within 25 working days after receiving written reports, the Ministry of Industry and Trade shall consider and approve the prolongation.

2. Extension of petroleum contracts

Petroleum contracts may be extended under Article 17 of the Petroleum Law.

At least one year before the expiration of a petroleum contract, the contractor and the Vietnam Oil and Gas Group shall submit a report clearly stating the reason for extension of the petroleum contract to the Prime Minister and concurrently to the Ministry of Industry and Trade for examination.

Within 35 working days after receiving the report, the Ministry of Industry and Trade shall propose the Prime Minister to consider and decide on extension of the petroleum contract."

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