Vietnam: How many types of petroleum contracts are there? What are the main terms of petroleum contracts? What is the duration of petroleum contracts?
How many types of petroleum contracts in Vietnam are there? What are the main terms of petroleum contracts?
Pursuant to Article 29 of the Law on Petroleum 2022 as follows:
Types of petroleum contracts
1. Oil and gas production sharing agreements.
2. Other types of petroleum contracts.
Accordingly, there are 2 types of petroleum contracts in Vietnam, including:
- Oil and gas production sharing agreements.
- Other types of petroleum contracts.
Pursuant to Article 30 of the Law on Petroleum 2022 as follows:
Main terms of petroleum contracts
1. Main terms of an oil and gas production sharing agreement include:
a) Legal status, participating interests of contractors selected for signing the agreement;
b) Eligible entities of the agreement;
c) Area limit and schedule for return of contract area;
d) Effective date, term and phases of the agreement, conditions for extension of the phases of the agreement and amendments to the agreement and extension thereof.
dd) Rights and obligation of contracting parties and operator;
e) Minimum work obligation and minimum expenditure obligation in phases of the agreement;
g) Rules for sharing of petroleum products and determination of recoverable costs;
h) Rules for selection of contractors for provision of petroleum services and goods for petroleum operations;
i) Rights of the host country for petroleum installations and assets after cost recovery and contract termination;
k) Conditions for transfer of rights and obligation of contracting parties;
l) Rights of PVN to participate in the agreement when a commercial discovery is determined and priority over purchase of participating interests, rights and obligation assigned by the contractor in the agreement whenever possible;
m) Commitments to have commissions, training, scientific research funds and take priority over use of Vietnamese employees and services;
n) Charges for environmental protection and safety measures conducted in petroleum operations; obligation to decommission petroleum installations;
o) Requirements for termination of the agreement and handling of violations thereof;
p) Methods for settling disputes arising from the agreement and applicable law.
2. The Prime Minister shall decide main contents of other petroleum contracts suitable for specific characteristics of oil fields, groups of oil fields and blocks.
3. The Government shall issue an oil and gas production sharing agreement template.
Thus, the main terms of an oil and gas production sharing agreement include:
- Legal status, participating interests of contractors selected for signing the agreement;
- Eligible entities of the agreement;
- Area limit and schedule for the return of contract area;
- Effective date, term, and phases of the agreement, conditions for the extension of the phases of the agreement, and amendments to the agreement and extension thereof.
- Rights and obligations of contracting parties and operator;
- Minimum work obligation and minimum expenditure obligation in phases of the agreement;
- Rules for sharing of petroleum products and determination of recoverable costs;
- Rules for selection of contractors for the provision of petroleum services and goods for petroleum operations;
- Rights of the host country for petroleum installations and assets after cost recovery and contract termination;
- Conditions for transfer of rights and obligation of contracting parties;
- Rights of PVN to participate in the agreement when a commercial discovery is determined and priority over the purchase of participating interests, rights, and obligations assigned by the contractor in the agreement whenever possible;
- Commitments to have commissions, training, and scientific research funds and take priority over the use of Vietnamese employees and services;
- Charges for environmental protection and safety measures conducted in petroleum operations; obligation to decommission petroleum installations;
- Requirements for termination of the agreement and handling of violations thereof;
- Methods for settling disputes arising from the agreement and applicable law.
When will petroleum contracts in Vietnam be approved?
Pursuant to Article 26 of the Law on Petroleum 2022 as follows:
Approval for petroleum contracts
1. After a petroleum contract is successfully negotiated, based on the approved contractor selection result, PVN shall submit a report on the terms of the petroleum contract to the Ministry of Industry and Trade for appraisal and the Prime Minister for approval before PVN signs the petroleum contract.
2. Contents of petroleum contract appraisal include:
a) The validity of an application for appraisal and approval of the terms of the petroleum contract;
b) The rationality of results of negotiation of the petroleum contract;
c) The conformity of the draft petroleum contract with the approved contractor selection result and relevant laws.
3. Approval for the terms of the petroleum contract of the Prime Minister forms the basis for the signing of the petroleum contract and replaces approval for investment policies for petroleum projects under the Law on Investment and the Law on Public Investment.
4. The Government shall issue regulations on documents and procedures for appraisal and approval of the petroleum contractor.
Thus, after a petroleum contract is successfully negotiated, based on the approved contractor selection result, PVN shall submit a report on the terms of the petroleum contract to the Ministry of Industry and Trade for appraisal and the Prime Minister for approval before PVN signs the petroleum contract.
What is the duration of petroleum contracts in Vietnam?
Pursuant to Article 31 of the Petroleum Law 2022 as follows:
- Duration of a petroleum contract shall not be over 30 years, where the hydrocarbon exploration period shall not exceed 05 years, except for the case prescribed in clause 2, Article 31 of the Petroleum Law 2022.
- For an oil block named in the list of oil blocks to which investment incentives and special investment incentives shall be given, the duration of the petroleum contract shall not exceed 35 years, where the hydrocarbon exploration period shall not exceed 10 years.
- Duration of a petroleum contract may be extended at a maximum of 05 years and the exploration period may be extended but the extension period shall not exceed 05 years based on the approval of the Ministry of Industry and Trade, except for the case prescribed in Clause 4, Article 31 of the Petroleum Law 2022.
- For reasons of national defense and security, complicated petroleum geology conditions, particularly disadvantageous field conditions for performing petroleum operations, or in case of necessity to ensure an effective gas extraction period, the Prime Minister shall approve of further extension of the duration of the petroleum contract and the extension period prescribed in Clause 3, Article 31 of the Petroleum Law 2022 based on the appraisal of the Ministry of Industry and Trade.
- After the contractor declared that the discovery is commercial but the consumer market is not found and appropriate requirements for pipelines and processing facilities are not met, the contractor may retain the discovered area. The further period in which the discovery area is retained shall not exceed 05 years based on the approval of the Ministry of Industry and Trade. In case the period in which the discovery area is retained expires but the consumer market is not found and appropriate requirements for pipelines and treatment facilities are not met, the Prime Minister shall consider extending the period for not exceeding 02 years based on the appraisal of the Ministry of Industry and Trade. During the further period, the contractor must perform works committed in the petroleum contract.
- In case of force majeure the contracting parties consent to temporarily relinquish the exercise of several rights and obligations mentioned in the petroleum contract, PVN shall send a report to the Ministry of Industry and Trade for decision. The period in which several rights and obligations stated in the petroleum contract are temporarily relinquished due to force majeure shall be calculated from the beginning to the end of this force majeure.
- The period in which several rights and obligations stated in the petroleum contract are temporarily relinquished shall be decided by the Government according to the proposal of the competent authority for national defense and security reasons.
- The extension period of hydrocarbon exploration, the period in which the discovery area that is declared a commercial discovery is retained and the period in which several rights and obligations stated in the petroleum contract are temporarily relinquished due to force majeure or for the national defense and security reasons shall not be included in the duration of the petroleum contract.
- The Government shall issue regulations on documents and procedures for extension of the duration of the petroleum contract and extension of the exploration period, and decide the period in which the discovery area is retained and the period in which several rights and obligations stated in the petroleum contract are temporarily relinquished due to force majeure or for the national defense and security reasons.
The Petroleum Law 2022 will take effect on July 1, 2023.
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