(Haiphong.gov.vn) - Continuing the program of the third session, on the morning of June 15, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly conducted a discussion [...]
(Haiphong.gov.vn) - Continuing the program of the third session, on the morning of June 15, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly conducted a discussion in the hall about the Petroleum Law project (amended).
National Assembly Delegate Tong Van Bang (Hai Phong City National Assembly Delegation discussed and participated in adding 3 basic contents of the draft Petroleum Law as follows:
First, with specific goals as in the Government's Proposal No. 159, in addition to creating conditions for the development of the oil and gas industry, the oil and gas industry's major contribution to the state budget, contributing to ensuring national energy security, the more important goal is to contribute to protecting Vietnam's sovereignty in the East Sea. This also explains when the law has regulations that are different from regulations on other resources such as water resources, coal or solar energy, wind energy, etc. However, to ensure factors related to protecting sovereignty through investigation, exploration, research and exploitation activities at sea, related to national borders at sea,Regarding the airspace above those works, I propose to add to the legal documents related to the Petroleum Law this time the National Border Law of 2003. In Report No. 80 of the Ministry of Industry and Trade, the Drafting Committee has not mentioned this list of 21 related laws. This is one of the very important contents in our review process.
National Assembly delegate Tong Van Bang spoke at the conference hall
Second, it is necessary to study the determination of the specific legal status of the Vietnam Oil and Gas Group. As the documents provided, regarding Vietnam Oil and Gas Group according to the Petroleum Law of 1993, amended in 2000, Vietnam Oil and Gas Corporation is a state-owned enterprise. This regulation is consistent with the 1995 and 2003 Enterprise Laws. The 2008 Petroleum Law (amended) stipulates that Vietnam Oil and Gas Group is the parent company and a state-owned company. This regulation is also consistent with the 2005 Law on Enterprises. For the 2022 draft law, Clause 28, Article 3 stipulates that Vietnam Oil and Gas Group is a state-owned enterprise. This content needs to be determined more specifically according to the Enterprise Law 2020, because Article 88 regulates enterprises.The state from the perspective of the owner, that is, owns capital. State-owned enterprises are not yet a type of enterprise. According to the current regulations of the Enterprise Law, there are 4 basic types of enterprises. As for content related to the type of capital ownership, the Committee for Management of State Capital at Enterprises will be more involved in this content.
In Article 194, it is stipulated that an economic group is not a type of enterprise and does not have legal status, although Article 3 of the Enterprise Law has this provision. If any specific law stipulates differently on content related to corporate activities, we can follow the specific law to help us understand this better.
However, Chapter IX of the draft from Articles 52 to 56 mainly identifies that the Vietnam Oil and Gas Group has functions, tasks, powers, rights and obligations in many aspects as may be authorized by the Government or the Ministry of Industry and Trade regarding state management and business entities, but the related content of the draft is probably unclear. Therefore, delegate Tong Van Bang proposed to consider and stipulate more clearly, for example, Vietnam Oil and Gas Group is a state-owned enterprise organized in the form of a one-member limited liability company owned by the state and this content may be consistent with Decree 69/2014.
Third, it is necessary to research, review and supplement regulations on resolving legal conflicts in the Petroleum Law. In the relevant documents, I have not seen any disputes or risks of civil and economic disputes involving foreign elements. After nearly 30 years, we have signed joint venture contracts with foreign partners in exploration, research, exploitation and distribution of oil and gas profits. In reality, in the oil and gas sector, legal conflicts related to civil, economic, commercial and labor disputes involving foreign elements are likely to occur. For the following 3 reasons:
Firstly, the Vietnamese side has and will sign many joint venture contracts with foreign partners and hire foreign workers and experts to survey, research, explore, exploit, and transport oil and gas, especially in this draft to expand more activities. Besides, PVN can also enter into joint ventures or invest abroad on its own to exploit oil and gas resources.
Second, in basic reality, Vietnam's oil and gas exploration and exploitation activities are in waters under Vietnam's sovereignty and sovereign rights. Therefore, it is highly related to maritime routes and will create many risks of collisions with international means of transport or aircraft in the exclusive economic zone, thereby causing risks of international disputes. In addition, the Maritime Code in Article 3 and the Civil Aviation Law in Article 4 stipulate content related to conflicts of law to resolve when there are economic and trade disputes with foreign elements.
Third is, the cooperation between PVN and countries whose sea areas are opposite or adjacent to us, especially countries with overlapping and undemarcated sea areas such as Malaysia or Indonesia, some other countries will appear to cooperate to exploit overlapping areas and this is also likely to cause disputes. Therefore, to resolve it civilly and not through diplomacy or other measures, it also needs to be stipulated in the draft. On that basis, delegate Tong Van Bang also proposed that the Drafting Committee research and supplement a law on conflict of laws in the process of practical implementation in the near future.
Deputy Minister of Industry and Trade Dang Hoang An explained and absorbed issues of concern to delegates
On behalf of the drafting committee of the draft Petroleum Law (amended), Deputy Minister of Industry and Trade Dang Hoang An affirmed that the opinions at the discussion session were extremely valuable to help the drafting agency see more clearly many issues that have not been fully and thoroughly mentioned in the draft law and demonstrate the responsibility and enthusiasm of the National Assembly delegate for the development of the oil and gas industry. The Ministry of Industry and Trade respectfully accepts the opinions of the National Assembly delegate as seriously as possible, and will coordinate with the agency in charge of verification to best complete the draft Petroleum Law (amended).
Vice Chairman of the National Assembly Nguyen Duc Hai moderated the meeting
Concluding the discussion, Vice Chairman of the National Assembly Nguyen Duc Hai stated that the National Assembly has worked actively, democratically, seriously and urgently, with 23 opinions expressed. The Deputy Minister of Industry and Trade has explained and clarified some opinions of National Assembly delegates. Opinions agreed on the need to amend the Petroleum Law to fully institutionalize the Party and State's policies on developing the oil and gas industry, ensuring energy security, removing obstacles and inadequacies in practice, synchronizing the legal system, enhancing effectiveness and efficiency in state management of oil and gas, promoting decentralization, avoiding local interests, eliminating barriers, and creating a favorable legal corridor for investors in the oil and gas sector.
The Vice Chairman of the National Assembly said that the delegates also gave their opinions on the name, scope of adjustment of the Law project, adjustment of midstream and downstream activities of oil and gas, policies to attract resources from economic sectors, search and exploration work to increase oil and gas reserves and exploitation output, legal basis for investigation and exploitation of new forms of energy, assignment and decentralization of state management of oil and gas,... General Secretary The National Assembly will send a comprehensive report to National Assembly deputies and relevant agencies.
The Vice Chairman of the National Assembly stated that the National Assembly Standing Committee will direct the Economic Committee and relevant agencies to research and absorb comments to complete the Law project to submit to the National Assembly for consideration at the 4th Session of the 15th National Assembly.
Hoang Tung
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