Resolution 66.6/2025/NQ-CP removing difficulties in the delegation of authority for approval of certain contents in oil and gas activities

RESOLUTION

On removing difficulties in the delegation of authority for approval of certain contents in oil and gas activities

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Oil and Gas No. 12/2022/QH15;

Pursuant to the National Assembly's Resolution No. 206/2025/QH15 on the special mechanism for handling difficulties and obstacles caused by legal provisions;

Pursuant to the Conclusion of the National Assembly Standing Committee stated in Notice No. 2211/TB-VPQH of the Office of the National Assembly, on the authorization for the Vietnam National Industry - Energy Group to approve certain contents in oil and gas activities;

Pursuant to the Government’s Decree No. 45/2023/ND-CP detailing a number of articles of the Law on Oil and Gas;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Regulation on removing difficulties in the delegation of authority for approval of certain contents in oil and gas activities.

Article 1. Scope of regulation and subjects of application

1. This Resolution provides regulations on removing difficulties in the delegation of authority for approval of certain contents in oil and gas activities related to Clause 5, Article 45; Clause 5, Article 46; Clause 5, Article 47; Clause 5, Article 48; Clause 6, Article 50 of the Law on Oil and Gas No. 12/2022/QH15 dated November 14, 2022 (hereinafter referred to as the 2022 Law on Oil and Gas); and Articles 48, 49, 50, and 51 of the Government’s Decree No. 45/2023/ND-CP dated July 01, 2023, detailing a number of articles of the Law on Oil and Gas (hereinafter referred to as Decree No. 45/2023/ND-CP).

2. This Resolution applies to Vietnamese and foreign agencies, organizations, and individuals involved in oil and gas activities in Vietnam.

Article 2. Delegation of authority for approval of certain contents in oil and gas activities

The Vietnam National Industry - Energy Group (hereinafter referred to as PVN) shall perform the tasks and exercise the powers of the Ministry of Industry and Trade as prescribed in the 2022 Law on Oil and Gas and Decree No. 45/2023/ND-CP, ensuring no impact on national defense and security with respect to the following contents:

1. Approval of the master development plan for oil and gas fields, except in cases of onshore oil and gas field development projects; oil and gas field development projects with an integrated chain of items, works, and petroleum equipment both onshore and offshore; and approval of adjustments to the master development plan for oil and gas fields in cases involving changes to the development plan, except for gas projects and projects with changes in land use demand for approved oil and gas discoveries.

The appraisal and approval by PVN shall be carried out according to the procedures promulgated by PVN as prescribed in Clause 7, Article 48 of Decree No. 45/2023/ND-CP. PVN shall be responsible for the use of its capital in cases where PVN participates in oil and gas contracts as a contractor.

2. Approval of adjustments to the early production plan of oil and gas fields in the following cases:

a) The adjustment results in a decrease in the total investment capital, regardless of changes in the contents of work items and the costs of each item;

b) The adjustment results in an increase in the total investment capital of less than 10%, except in cases involving the construction of additional platforms.

The appraisal and approval by PVN shall be carried out according to the procedures promulgated by PVN as prescribed in Clause 9, Article 49 of Decree No. 45/2023/ND-CP. PVN shall be responsible for the use of its capital in cases where PVN participates in oil and gas contracts as a contractor.

3. Approval of adjustments to the oil and gas field development plan in the following cases:

a) The adjustment results in a decrease in the total investment capital, regardless of changes in the contents of work items and the costs of each item;

b) The adjustment results in an increase in the total investment capital of less than 10%, except in cases involving the construction of additional platforms.

The appraisal and approval by PVN shall be carried out according to the procedures promulgated by PVN as prescribed in Clause 8, Article 50 of Decree No. 45/2023/ND-CP. PVN shall be responsible for the use of its capital in cases where PVN participates in oil and gas contracts as a contractor.

4. Approval of adjustments to the decommissioning plan of oil and gas works in cases where such adjustments result in the estimated costs in the most recently approved decommissioning plan of the Ministry of Industry and Trade being reduced or increased by less than 20%, regardless of the changes in contents.

The appraisal and approval by PVN shall be carried out according to the procedures promulgated by PVN as prescribed in Clause 6, Article 51 of Decree No. 45/2023/ND-CP.

5. Approval of the (initial) report on oil and gas resources and reserves for oil and gas fields or discoveries with total oil in place of less than 30 million m³ and total gas in place of less than 30 billion m³, except for reports on oil and gas resources and reserves prepared directly by PVN for oil and gas contracts in which PVN acts as the Operator or Investor.

The appraisal and approval by PVN shall be carried out in accordance with the procedures promulgated by PVN.

Article 3. Responsibilities of PVN and the Ministry of Industry and Trade

1. PVN shall report to the Ministry of Industry and Trade on the results of approval of the contents for which authority has been delegated as mentioned above.

2. The Ministry of Industry and Trade shall organize the inspection and supervision of PVN's implementation of the tasks for which authority has been delegated as mentioned above.

Article 4. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of governmental-attached agencies, Chairperson of the Members’ Council and the General Director of PVN, and heads of relevant agencies and units shall implement this Resolution.

Article 5. Effect

This Resolution takes effect from the date of its signing to the end of February 28, 2027. In case the Law on Oil and Gas is revised and takes effect before February 28, 2027, this Resolution shall apply until the effective date of the revised Law on Oil and Gas.

During the effective period of this Resolution, if the provisions on powers, responsibilities for state management, order, and procedures under this Resolution differ from those of relevant legal normative documents, the provisions of this Resolution shall prevail.

In case laws, resolutions of the National Assembly, ordinances, or resolutions of the National Assembly Standing Committee are amended, supplemented, or newly promulgated after the effective date of this Resolution and contain provisions different from those of this Resolution, the corresponding provisions of this Resolution shall cease to be effective.