Circular No. 33/2011/TT-BGTVT of April 19, 2011, stipulating on procedures of granting certificates of technical safety, quality and environmental protection for means, survey equipment, operation and transportation of gas and oil on sea

CIRCULAR

STIPULATING ON PROCEDURES OF GRANTING CERTIFICATES OF TECHNICAL SAFETY, QUALITY AND ENVIRONMENTAL PROTECTION FOR MEANS, SURVEY EQUIPMENT, OPERATION AND TRANSPORTATION OF GAS AND OIL ON SEA

Pursuant to the Vietnam Maritime Code dated June 14, 2005;
Pursuant to the Law on Quality of Product and Goods dated November 21, 2007;
Pursuant to the Decree No.51/2008/ND-CP dated April 22, 2008 of the Government  stipulating functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Decree No.63/2010/ND-CP dated June 08, 2010 of the Government on administrative procedure control;
Pursuant to the Decision No.84/2010/QD-TTg dated December 15, 2010 of the Prime Minister on promulgating the Regulation on oil and gas exploration;
The Minister of Transport stipulates on procedures of granting certificates of technical safety, quality and environmental protection for means, survey equipment, operation and transportation of gas and oil on sea as follows:
Chapter 1.

GENERAL PROVISION

Article 1. Scope of governing
This Circular stipulate on procedures of granting certificates of design appraisal and certificates of technical safety and environmental protection for means and equipment for survey, exploitation and transportation of oil and gas including the mobile offshore units, floating storage, fixed offshore units, sea anchor, marine piping systems and relative machinery and equipment (hereinafter referred to as the offshore units) operating in internal waters, territorial sea, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam.
Article 2. Subjects of application
This Circular applies to organizations and individuals involved in the management, quality inspection of technical safety and environmental protection (hereinafter referred to as inspection), design and new manufacture, reformation, repair and exploitation of offshore units.
Article 3. Interpretation of terms
In this Circular, the following terms are construed as follows:
1. Owners of offshore units mean the owners, managers, operators or those who rent the offshore units.
2. International Conventions mean the international agreements related to offshore units on technical quality, safety and environmental protection for the offshore units that the socialist Republic of Vietnam is a member.
3. Dossier for registering offshore units includes certificates, annexes attached to certificates, inspection reports and relative documents as prescribed.
4. The registration agencies are the Vietnam Register and the branches of registers directly under Vietnam Register.
Article 4. Bases for inspection
Bases for the inspection of technical safety quality and environmental protection of offshore units are provisions of legal documents, regulations, standards and technical regulations of Vietnam and international conventions that Vietnam Nam is a party related to the requirements of quality assurance of technical safety and environmental protection corresponding to each type of offshore unit as specified in Annex I attached herewith.
Chapter 2.

PROCEDURES OF GRANTING CERTIFICATES FOR OFFSHORE UNITS

Article 5. Procedures of granting certificates of offshore units design appraisal
1. Order of implementation
a) The design establishments complete the design profile in accordance with provisions and submit the design profile to the Register Agency;
b) Agency Register receives design documents, check components of design documents: if design documents are incomplete components as prescribed, the Agency Register shall respond in writing to guide the design establishments for completion; if design documents are full components as prescribed, the written appointment for result shall be issued.
c) The Registry Agency to evaluate the design, if the design documents are not satisfactory, then reply in writing to the design establishment to supplement, amend; if design documents are satisfactory, the certificate of appraising design shall be issued according to form in Annex IV attached herewith.
2. Method of implementation:
a) The design establishments apply dossier directly at the Register Agency or by post or facsimile, email.
b) The design establishments receive results through post system or directly at the design appraisal Register Agency.
3. Provisions on design dossier
a) Components of dossier, include 01 written request for design appraisal according to form in Annex III attached herewith (original or copy); 03 design documents of offshore units (original or copies).
Volume, design document content of offshore units specified in detail in the regulations, standards, technical regulations and the relevant international conventions applicable to each type of offshore unit are set forth in Annex I attached herewith and must be presented in accordance with the current regulations.
b) Number of dossier: 01 set.
4. Time of settlement
Time for design appraisal and granting certificate or notifying design documents not satisfactory is at least within 20 working days since the date of receiving complete dossiers as prescribed. Where the design of offshore units is upon new style or complex, time for design appraisal must be prolonged, The Register Agency of design appraisal will deal with the design establishment.
5. Agency to implement administrative procedures: The Register Agency.
6. Result of implementing administrative procedures
Result of implementing administrative procedures is the design document appraised and certificate of appraising design.
7. Requirements, conditions for appraising design
Design dossier of offshore units must meet the requirements of standards, technical regulations of Vietnam and international conventions which Vietnam is a party related to technical safety and environmental protection corresponding to each type of offshore unit specified in Annex I attached herewith
8. Fees and charges
Fees and charges are according to provisions of the Ministry of Finance and paid directly to the agency granting certificate.
Article 6. Procedures of granting certificate of technical safety and environmental protection for the offshore units
1. Order of implementation
a) Organizations, individuals complete dossiers as prescribed and submit to the Register Agency;
b) Register Agency receives , if , the Register Agency shall
b) The Registry Agency implementing the inspection:
2. Method of implementation
a) The organizations apply dossier of means, equipment directly at the Register Agency or by post or Facsimile, Email.
b) The organizations receive results through post system or directly at the Register Agency implementing the inspection.
3. Provisions on design dossier
a) Components of dossier:
i. For the first time of inspection, dossier comprises:
– A written request for );
– Technical dossier of offshore units:
+ For offshore units manufactured newly, transformed manufactured newly, transformed, which ));
+ For offshore units being operated , , , offshore units (original ;
ii. For offshore units which are inspected A written request for ).
b) Number of dossier: 01 set
4. Time of settlement
Certificates , , under-water.
5. Agency to implement: The Register Agency.
6. Result of implementing administrative procedures
Result of implementing administrative procedures is the certificates of technical safety and environmental protection.
7. Requirements, conditions of inspection
The offshore units which wish for granting offshore unit provided in Annex .
8. Fees and charges
Fee and charge rates are .
Chapter 3.

IMPLEMENTATION PROVISIONS

Article 7. Responsibilities of the Vietnam Register
1. To unify in management, , .
2. To organize the collection of register fees and charges as prescribed.
3. Annually the .
Article 8. Responsibilities of owners of offshore units and of the establishments of offshore units design, fabrication, reformation, repair.
1. To comply with provisions on inspection when conducting .
2. To comply with provisions on design documents and design appraisal.
3. To take responsibility for of the they that .
4. To submit to inspection, supervision of the Vietnam Register on technical design, new build, .
5. To preserve, maintain, with with provisions.
Article 9. Effect
1. This Circular takes effect 45 days after its signing date.
2. Types of certificates of the offshore units granted before the effective date of this Circular are still valid until termination of the term written in such certificates.
Article 10. Implementation organization
Chief of Ministerial Office, Chief of Ministerial Inspection, Deputy Ministers of Departments, General Director of Vietnam Register, Heads of  relative agencies, organizations, individuals are responsible for the implementation of this Circular./.