IT ' S SMART

Of the Ministry of Science, Technology and Environment 2262 /TT-MTG December 29, 1995 The Guide of the Minister of Science, Technology and the Environment on Overcoming Oil Spill Incidents.

The implementation of the Environmental Protection Act was passed by the National Assembly on 27 December 1993 and Decree No. 175 /CP on 18 October 1994 of the Government on the implementation of the Environmental Protection Act;
The 22 /CP Decree on 22 May 1993 of the Government regulates the mandate, powers and organization of the apparatus of the Ministry of Science, Technology and Environment;
In response to the recovery requirements and timely handling of the oil spill in the country, it is consistent with the current form of food and one step for the national oil spill operation.
The Ministry of Science, Technology and Environment issued this Information to guide the etching and use of oil spill incidents involving search, exploration, extraction, transportation, processing, distribution and storage of petroleum and petroleum products.

I. GENERAL CONCEPT:

1. Thousands of oil commonly occur in search, exploration, extraction, processing, processing, distribution and storage of petroleum and their products. For example, the phenomenon of leaks, oil sprugs, pipe rupts, tanks, punctuation accidents, shipwrecks, incidents at oil and gas drilling facilities, oil refining facilities etc. make oil and oil products (which will be called off as oil) exit polluts. Environment, adverse effects on ecology and damage to economic activities, especially activities related to exploitation and use of aquatic resources.

2. The amount of oil spilling out in the wild about a few hundred litres or more can be considered an oil spill.

3. Depending on the environmental and weather conditions at each of the sites, each time in particular, the effect of oil on the environment has different impacts. The areas that need to be protected first are water resources for breeding and production, aquacal farming, coastal rice paddies, salt fields, mangrove forests, wetlands, seaweed, reefs, beaches located in tourist areas, residential areas, and other areas. Historical sites.

4. Prevention and other recovery of oil spill is the necessary work, but complex and difficult, requiring rapid coordination, rapid coordination, and the application of appropriate techniques.

5. Oil spill occurred, often causing severe environmental damage, especially in rivers, estues, bays and coastal waters. The organization, the individual who lives and has coastal, coastal activities, such as fishing and aquacrans, sea travel, salt, agriculture, etc., are often directly affected economically and alive.

6. The claim to the environmental damages caused by the oil spill has been an international practice and is already in the practice of Vietnam, but this is a complicated legal issue, so the claim for damages is urgently needed.

II. THE WORK TO DO WHEN THE SPILL HAPPENED:

Activities that deal with oil spill are aimed at preventing and limiting the maximum amount of oil to the environment, from which limits their adverse effects to the environment, in particular, to water sources, aquatic ecosystems, marine ecosystems and coastal ecosystems. the sea, reducing the economic losses before the eyes and long-term.

When oil spill occurs in any location on land, coastal or in the areas of the sovereignty and jurisdiction of the Socialist Republic of Vietnam, the following work needs to be quickly implemented:

1. Report:

a. The organization, the individual, when it comes to signs of an oil spill, needs urgent notice for local government, the Department of Science, Technology and the Environment (Department of KHCN&MT).

b. When local government levels, the KHCN&MT Department, which is informed or discovered of the oil spill need to inform units such as fire prevention, police forces, local troops stationed in the local to mobilize the incident, and inform the Ministry of Science, Technology and Environment (Department of KHCN&MT) to co-ordinate processing and/or take instructions.

The direct agency addressing the oil spill issue of the KHCN&MT Ministry of Environment, 39 Chen Xing, Hanoi; Phone 0-4-261517 or 0-4-228750 Fax: 01-4-251518 or 01-4-252733.

c. The case of incident beyond the capacity of local remedied then the KHCN&MT Minister will coordinate with the Prime Minister of the relevant authorities to apply the remedied measure and report the Prime Minister.

d. When the oil spill occurred offshore, the amount of oil fell out on 2 tons, in addition to the notice of places like points a, the most polluing media owner reported to the Department of KHCN&MT.

2. The work content needs to be done when the incident occurs:

a. First of all, to seek out all measures to save the victim from the danger zone.

b. By every measure that does not give oil from the source of pollution caused by the incident continues to spill the surrounding environment.

c. Looking for any deterred, the corral of the oil has spread further, especially not for the protection priority areas (as indicated at point I. 3).

Preventing, overflowing oil can be conducted with high or simple engineering tools such as using specialized oil-based buoys or using bamboo sticks, which then quickly gather in every way, from the pump to the manual, which can be used. Straw or other kinds of porous materials that soak in the water for seeping oil, then pick up the safety of the water.

d. The case of an accident that crashed the tanker, or broke oil storage, needed quickly and by all possible measures to get to the oil and move to safety.

e. The event of the incident is that the floating vehicles contain oil, which requires the organization to bring the vehicles to the safety of the anchorage.

f. The offshore oil spill, far from the shore, may consider using oil dispersants to prevent oil from being able to spread to shore pollution, as this is often the areas that feel the need for protection. All cases of oil dispersants must be allowed by the order of the KHCN & MT. Absolute not to use oil dispersants in the river, river estuation, bay puddles and coastal shallow waters.

g. When the oil has spread and washed ashore, it needs to be quick and with every measure, every means, from raw materials (such as shovels, bucket, pelvis ...) to the modern (such as water smoking, oil pumps, bulldozers, automobiles etc.), the oil spill.

The organization cleaned up the coast after picking up oil as indicated at the g point. The technique of handling and cleaning up the specific shore of each type, the shore form needs to be exchanged and implemented in accordance with the guidelines of the local and local environmental experts.

i. The oil, the oil, the oil, the oil, the sand, the sand, the branches, the oil, the oil, the oil, the oil, the oil, the oil, the oil, the oil, the oil, and all of it, is going to be gathered in one place, preventing the corral from seeping away from the environment, and will be handled by the specialized agency.

3. Organization to execute:

a. On the discovery of an oil spill, individuals, organizations need to find a way to report as mentioned at the II.1 point.

b. The incident occurs due to the means or occurs on the organization or individual site (The drills of Vietnamese and foreign oil companies, Vietnamese and foreign vessels, oil refineries, sea ports, oil storage, oil pipelines etc.) then the organization and the individual are responsible for the immediate and urgent response to the local government, the relevant units equipped with technical equipment (such as the oil ports, the fire department, the fire department, the port of fire etc.) and allowed to offer local and police forces and police forces. The army is stationed on the streets, helping to deal with the consequences.

For the event of the incident in the activities of the Vietnam Petroleum Corporation, the organization's implementation of the operation was to be conducted under the company's plan, according to the Office of Public Works No. 3054 /DK of the Government Office, on 3 June 1994.

c. The incident occurred in the local People's Committee. The local government needed to mobilize all the local forces, the armed forces, the police, the fire department, and the local government agencies involved in dealing and handling the aftermath of the spill. The agency helps the Chairman of the Provincial People's Committee, the local city dealing with oil spill and remediation of the local KHCN & MT Department.

d. The case of the overwhelming overflowing of the province, the city, the Minister of KHCN & MT, coordinated with the head of the relevant agency, decided to apply the corrects and report the Prime Minister.

The case of the large-scale oil spill, which carries the nature and scope of the region, the department, the KHCN & MT will coordinate with the relevant industries, which will allow the Prime Minister to recommend units, international organizations on the oil spill response in the Zone to Vietnam. I'm sorry, I'm sorry, I'm sorry.

4. Prevention measures:

With the motto "prevention more than healing", all localities, organizations with activities that are more likely to cause an oil spill, require preventable precautions, the following of the following:

a. Building the plans, the methods of application of the oil spill within its operating range, in line with actual circumstances, in places that are potentially at risk of the highest incident, as in harbor areas, train streams, exploration, mining and mining areas. Oil and gas storage, gas tanks, etc., are actively dealing with possible incidents. Every year, these plans need to be approved by ministers or provinces, cities, and need to submit these plans to the Department of KHCN&MT to coordinate, mobiling in the necessary cases.

b. Building the organization with the appropriate technical equipment to cope with the oil spill that occurs within the scope of its management. The organization, equipped with this technique, was built in response to the approved scheme, which placed the oil department base at the site to be able to integrate into the country's joint application organization.

c. Every year, the need to organize training exercises, technical manipulation to test, adjust and enhance the ability of the system to the underlying system, in accordance with the actual circumstances.

d. regularly testing technology, manufacturing processes, operating, improving safety in activities that are potentially causing oil spill.

III. ENVIRONMENTAL DAMAGES

1. General Principles:

All organizations and individuals who nationality Vietnam, foreign countries, or joint venture between Vietnam and foreign countries, pollve the environment due to the oil spill, are compensated for environmental damage in accordance with the laws of law.

b. Basic legal base to claim environmental damages caused by the spill is Environmental Protection Law, which references other related laws of Vietnam and the International Convention concerning the Environment. The court of the dispute is the courts of Vietnam.

c. The complaint process requires that environmental damages may require counseling of the legal body of law, sometimes requiring both the international law of international law in the cases of the incident being foreign legal.

d. Before the operation required compensation, the locality was able to trade with the Environment Bureau, the KHCN & MT Department to obtain the necessary guidelines.

e. The oil spill often causes severe environmental consequences, so the compensation for environmental damage is very large, often beyond the capacity of the vehicle owner to cause the incident. To be able to pay for this damages, media owners regularly participate in national or international insurance, so, in principle, environmental damage can be reimbursable through insurance funds. Today, the return to environmental damage has become an international charter. The reimbursable amount will only be charged for the following:

* Cost to the rescue of the incident, such as preventing oil, oil, oil, oil processing, environmental cleansing, and so on.

* Compensation of economic damage to organizations, individuals with direct losses caused by the incident occur (for example, farming, fisheries, or other agricultural production activities, etc.)

* Compensation for the recovery of the degraded or destructive environment due to pollution.

* Cost of survey work, based on economic and environmental damage.

2. The basic content of the procedure and legal case requires compensation:

a. The local environmental regulator needs to coordinate with local-based local authorities (such as port, oil, gas, insurance ...) and local legal agencies, quickly build and collect the entire profile, the related specimen, and the security of the local government. and the complaints of the local levels and people ' s complaints about the impact of the incident (the date of the incident, the location, the number of oil exits, the oil, the oil, the oil, the oil, the oil, the oil, the description of the scale, etc.)

b. Progress on the scene between the one party is the legal representative, the one party that the gun representative is seriously damaged-is the local environmental governing body (Department of the KHCN & MT) to record initial evidence of incident, particularly needed. enter the most important information such as: Name, address, phone number, the personal or legal number Fax of the incident; the time and the point of the incident; the reason and the nature of the incident; the amount of oil and the oil that exits the environment; the name and nationality of the vehicle. and the driver of the vehicle (if the ship, the drill); and the initial damage can be seen (deadly, burning ...).

c. The full income of information on the subject of the means of the incident (which is the organization, individual, nationality, business diary, convention, or insurance, the record of goods, the amount of oil available in the ship, the receipt of the signature of the vehicle's signature, the company's signature). The port area (if the shipwrecks) and the local representatives, the borders of the civil duty of the pollers ...).

d.Organ.The organization of scientific experts to survey at the scene in order to collect data, scientific evidence and information about pollution; assessment of the extent, scale of pollution, damage, environmental impairment, ecological damage; economic damage to the institutions. And in the present and future individuals, for example, the damage in the aquatic environment, the extraction of salt, natural fishing, etc. The information about this environment must be an honest and scientific basis, which needs to be shown in the form of a complete report, featuring diagoners, figures, specimens, specific analysis results, accompanying photographic films.

e. After getting the type of information needed, it is necessary to build a complaint and an accompanying profile. The primary content of the application and profile may include:

* The name and address of the legal party for compensation (Department of Science, Technology and Environment in the locality stands out as the most appropriate, in the case of the scope of a province).

* The name and address of the vehicle and the media owner. (If the incident was caused by the ship, the ship's name was required, the ship's nationality, the ship's ship, the captain, the captain's nationality).

* The time and place of the incident.

* Identifying resources that have been mobilized engaged in the application (public number of days, equipment numbers, techniques, vehicles ...)

* The type of oil, the quantity of oil, the range affected.

* Oil evidence (primitive oil samples, oil samples, oil samples, mud samples etc.), analysis conclusions about the chemical composition of oil and water samples, oil-containing mud samples, or the description of the oil slick.

* The evidence and conclusions about the environmental degradation (primary bioproductivity decline, the sample of the animal die or in the oil, are dying).

* Summary description of the performance, the work done to cope, property damage ...

* The statistics of the costs of the application as the cost of use of manpower, equipment, daily transport have served the consequences of reprocessing, cleaning up the environment.

* The price of repair or replacement of the equipment is caused by the failure of the damage.

* The economic damage value of direct production activities depends on the environment (such as aquacal farming, agriculture, poultry farming, etc.), which has the object, compared with income from previous crops to calculate.

* Movie, photo, video tape (if available), the diagram describes the relevant points as stated above.

f. In preparation and construction of the complaint claims records, in addition to relevant legal experts, interchangable localities, in coordination with the Environment Bureau, Ministry of KHCN&MT, in order to obtain the necessary technical guidelines, in particular, in the future. The real crime scene is foreign law.

The implementation of this Guide, the KHCN&MT Department is the local environmental regulator, which plays an important role in the organization overseeing the planning and deployment of the oil spill operation of local-based organizations.

The industries, the localities need to be active, consider an extraction of the oil spill effort to mobilize and handle the incident.

The local People's Committee needs to review, based on the KHCN&MT's proposal, which gives initial allowable measures to the subject that the people live and operate in the area to be directly damaged by the spill caused by the spill.

Individuals, the collective success of the discovery, are involved in the handling of the oil spill which is considered to be praised for its physical and mental performance.

Individual organizations that attempt to impede or make it difficult for the application of an oil spill or avoidance of responsibility will be punished under the law, including the pursuit of criminal responsibility.

The industry, the local research, actively performs this guide and regularly informs the Department of KHCN&MT of its implementation and implementation.

The KHCN&MT will report the Prime Minister on the circumstances of the spill and treatment.

This guidance was replaced with the interim guidance of the Minister of KHCN&MT for the handling of the spill oil spill (number 389/MTg on 17 June 1994) and has been in effect since the date of the signing.