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 the handling of difficulties and obstacles in the delegation of powers to approve a number of contents in oil and gas activities^[1]

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

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

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

Pursuant to the National Assembly Standing Committee’s Conclusion in Notice No. 2211/TB-VPQH of the Office of the National Assembly on authorization to the Vietnam National Industry-Energy Group to approve a number of 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 promulgates the Resolution on the handling of difficulties and obstacles in the delegation of powers to approve a number of contents in oil and gas activities.

Article 1. Scope of regulation and subjects of application

1. This Resolution provides the handling of difficulties and obstacles in the delegation of powers to approve a number of contents in oil and gas activities specified in Clause 5, Article 45; Clause 5, Article 46; Clause 5, Article 47; Clause 5, Article 48; and Clause 6, Article 50, of November 14, 2022 Law No. 12/2022/QH15 on Oil and Gas (below 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 of July 1, 2023, detailing a number of articles of the Law on Oil and Gas (below referred to as Decree No. 45/2023/ND-CP).

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

Article 2. Delegation of powers to approve a number of contents in oil and gas activities

The Vietnam National Industry-Energy Group (PVN) shall perform the tasks and exercise the powers of the Ministry of Industry and Trade as specified in the 2022 Law on Oil and Gas and Decree No. 45/2023/ND-CP, causing no impact on national defense and security, specifically as follows:

1. Approval of outline plans for oil and gas field development, except onshore oil and gas field development projects, oil and gas field development projects with comprehensive chains of onshore and offshore oil and gas structures and equipment, and approval of adjustments to outline plans for oil and gas field development in case of changing the selected development option, except the approved gas projects and projects involving a change in land use demand for oil and gas discovery.

The appraisal and approval by the PVN shall be carried out in accordance with the procedures promulgated by the PVN as specified in Clause 7, Article 48 of Decree No. 45/2023/ND-CP. The PVN shall take responsibility for the use of its capital in case it participates in oil and gas contracts as a contractor.

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

a/ The adjustments lead to a decrease in the total investment amount, regardless of changes in work items and the cost of each item;

b/ The adjustments lead to an increase of below 10% in the total investment amount, except the construction of additional rigs.

The appraisal and approval by the PVN shall be carried out in accordance with the procedures promulgated by the PVN as specified in Clause 9, Article 49 of Decree No. 45/2023/ND-CP. The PVN shall take responsibility for the use of its capital in case it participates in oil and gas contracts as a contractor.

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

a/ The adjustments lead to a decrease in the total investment amount, regardless of changes in work items and the cost of each item;

b/ The adjustments lead to an increase of below 10% in the total investment amount, except the construction of additional rigs.

The appraisal and approval by the PVN shall be carried out in accordance with the procedures promulgated by the PVN as specified in Clause 8, Article 50 of Decree No. 45/2023/ND-CP. The PVN shall take responsibility for the use of its capital in case it participates in oil and gas contracts as a contractor.

4. Approval of adjustments to plans on decommissioning of oil and gas structures in case the adjustments lead to a decrease or an increase of below 20% in the cost estimates stated in the latest plan on decommissioning of oil and gas structures approved by the Ministry of Industry and Trade, regardless of changes in the contents.

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

5. Approval of reports on (initial) oil and gas resources and reserves, for oil and gas fields and discoveries with the total volume of oil and gas in place of below 30 million cubic meters and the total volume of gas in place of below 30 billion cubic meters, except reports on oil and gas resources and reserves directly made by the PVN for oil and gas contracts in which it acts as the operator or project owner.

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

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

1. The PVN shall report to the Ministry of Industry and Trade on the results of approval of the above-mentioned contents as delegated.

2. The Ministry of Industry and Trade shall organize inspection and supervision of the PVN in the performance of the above-mentioned tasks as delegated.

Article 4. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chairperson of the Members’ Council and the General Director of the Vietnam National Industry-Energy Group, and heads of related agencies and units shall implement this Resolution.

Article 5. Effect

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

During the effective period of this Resolution, if the provisions on state management competence and responsibility, order or procedures specified in this Resolution are different from those of other related legal documents, this Resolution shall prevail.

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
BUI THANH SON