Decommissioning planning of offshore oil and gas fields in Vietnam: What can be learnt from mine closure planning in Scotland?

International Journal of Energy Economics and  
Policy  
ISSN: 2146-4553  
International Journal of Energy Economics and Policy, 2021, 11(4), 162-174.  
Decommissioning Planning of Offshore Oil and Gas Fields in  
Vietnam: What Can be Learnt from Mine Closure Planning in  
Scotland?  
Huyen Thi Le1*, Janet Xuanli Liao2, Christopher J. Spray3  
1PetroVietnam University, Vietnam, 2Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee, Nethergate,  
Dundee, Scotland, 3School of Social Sciences, University of Dundee, Nethergate, Dundee, Scotland. *Email: huyenlt@pvu.edu.vn  
Received: 14 February 2021  
Accepted: 27 April 2021  
ABSTRACT  
Due to the lack of necessary requirements in the existing regulations for decommissioning of offshore oil and gas fields in Vietnam, this paper makes policy  
recommendations based on the comparison between the decommissioning planning of offshore oil and gas fields in Vietnam and the similar closure planning  
of opencast coal mines in Scotland. The comparative analysis shows that there is interplay between the project context and restoration/decommissioning  
outcomes in the cases of three opencast coal mines in East Ayrshire, Scotland and X oil field in Vietnam. The influencing contextual factors in both cases  
can be categorized as biophysical and material conditions, community attributes, biodiversity’s interest, socioeconomic context and rules. Based on such  
analysis, additional issues should be considered while preparing future decommissioning plans and updating relevant laws in Vietnam. Particular challenges  
include compliance monitoring, shell mounds, drill cuttings, financial assurance, consultation with local communities and recognition of their interests,  
rigs-to-reefs, coastal communities’ socioeconomic development, and investment in research, training and education about oil and gas decommissioning.  
Keywords: Offshore Platforms, Opencast Coal Mines, Decommissioning Planning, Closure Planning, Decommissioning Outcomes, Restoration  
Outcomes  
JEL Classifications: L52, O21, O25  
The life cycle of a mine consists of eight phases: design, exploration,  
permitting, construction, operations, decommissioning/closure,  
1. INTRODUCTION  
post-closure and relinquishment (World Bank Multistakeholder  
Initiative, 2010). Similarly, six phases are in the cycle of an oil and  
gas project: lease, exploration, development, production, closure  
and post-closure (Tordo, 2007). There have been cases of mines  
and oil and gas fields being abandoned without specific plans or  
clarification of liable parties for closure and decommissioning  
funding, and this has led to negative perceptions of these industries  
(World Bank Multistakeholder Initiative, 2010). In many nations,  
the legacy of unplanned closures and unrestored land has become a  
burden on the governments (World Bank and International Finance  
Corporation, 2002).  
The outstanding potential of Vietnam’s ocean economy is  
oil and gas resources, with the estimated reserves of about  
3.0-4.5 billion m3 oil equivalent, of which 30-35 percent has been  
discovered (Ha, 2018). There are hundreds of exploration and  
production oil and gas wells in Vietnam’s sea (Ha, 2018); however,  
as in other regions, many of these production projects are reaching  
an end soon as oil reserves become exhausted (Burdon et al., 2018;  
Viet Nam News, 2019). As a result, decommissioning will be a  
focused activity of the Vietnam oil industry in the coming years,  
with X oil field expected to be the first for decommissioning in  
2020 (POC1, 2019; POC2, 2020).  
This Journal is licensed under a Creative Commons Attribution 4.0 International License  
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Since dealing with closure/decommissioning1 challenges at  
the outset of the project is the most efficient way, governments  
all over the world are becoming aware of the importance of  
perceiving and proactively managing matters relating to closure  
and decommissioning as soon as practicable (World Bank  
Multistakeholder Initiative, 2010). A closure plan or restoration2  
plan is currently required to be an integral part of mining proposals  
in most countries (Tordoff et al., 2000; Sassoon, 2009). With  
regards to oil and gas decommissioning, theAustralian Government  
encourages operators to undertake decommissioning planning at  
the early phases of the project as part of the field development plan  
(Department of Industry, Innovation and Science, 2018).  
and the stakeholders’ interactions during closure planning3  
with the cases being opencast coal mines in East Ayrshire,  
Scotland. However, this has not been investigated in terms of  
the oil and gas industry, that is, how the context of an oil and  
gas project influences decommissioning outcomes and the  
stakeholdersinteractions during decommissioning planning. Due  
to the limited material available, this research does not analyse  
in detail the stakeholders’ interactions during decommissioning  
planning but focuses on analysing the interface between an oil  
and gas field’s context and decommissioning outcomes, using X  
oil field in Vietnam as the case for investigation.  
The influence of the oil and gas project context on decommissioning  
outcomes was explored by Bernstein et al. (2010) who examined  
how the selection of decommissioning options for offshore oil  
and gas platforms in southern California was influenced by legal  
and regulatory contexts. Their analysis provides decision makers  
and interested parties with knowledge of the alternative choices  
available in order to choose a suitable one. In a similar manner, this  
research analyses how the preparation of decommissioning options  
for X oil field was influenced by contextual factors, including  
legal and regulatory ones. However, since the decommissioning  
options for X field were already prepared and the tentative choice  
among the options was already made, this research does not have  
the same aim as Bernstein et al.’s (2010) study. Rather, we look  
to develop recommendations covering additional issues to be  
considered in developing decommissioning plans for future oil  
and gas fields in Vietnam. The literature review shows that this has  
not been done so far. Regarding the influence of decommissioning  
outcomes on the project context, the authors pay attention to  
Ekins et al.’s (2005; 2006) study which assesses non-financial  
decommissioning outcomes of different decommissioning  
scenarios for offshore oil and gas platforms in the North Sea and  
the work of Bernstein et al. (2010) and Pondella et al. (2015)  
which analyse the potential impacts of decommissioning options  
for offshore oil and gas platforms in southern California.  
In Vietnam, oil and gas decommissioning is specified in detail in  
Decision 40/2007/QD-TTg from 2007 to 2018 and Decision 49/2017/  
QD-TTg since 12 February 2018. Apart from such legislation,  
decommissioning plans set out decommissioning options and  
methodology, cost estimation, and health, safety and environmental  
management, etc. for decommissioning of each field (PVEP POC,  
2015). As no offshore oil and gas fields in Vietnam have been  
decommissioned yet, the aims of this paper are to examine:  
How the existing decommissioning legislation in Vietnam and  
decommissioning plans for offshore oil and gas fields influence  
decommissioning outcomes and in what particular aspects?  
Conversely, what and who can be potentially impacted by  
decommissioning outcomes and how?  
What should be considered during decommissioning planning  
of offshore oil and gas fields in Vietnam in order to improve  
decommissioning outcomes?  
Given our understanding of mine restoration, the authors  
hypothesize that the project context which includes the situation  
of marine environment after the field production, decommissioning  
cost, financial assurance, coastal communities’ interest,  
biodiversity’s interest, socioeconomic context and rules can  
influence decommissioning options and hence decommissioning  
outcomes. Conversely, decommissioning outcomes can also make  
impacts on similar project contextual factors, namely marine  
environment, coastal communitiesinterest, biodiversity’s interest  
and socioeconomic development.  
In order to provide recommendations for offshore decommissioning  
planning in Vietnam, the researchers compare the interplay  
between the project context and decommissioning outcomes in  
X oil field to that in three opencast coal mines in East Ayrshire,  
Scotland. Where the former is unclear, it is predicted based on  
global decommissioning practices. Similar research has not been  
done in Vietnam, though in the international context McCauley  
(2018) makes a comparative analysis of motivational frames of  
decommissioning in the Scottish oil and gas industry and the German  
nuclear industry. A comparison of the closure process between the  
mining industry and the oil and gas industry has also been made by  
Snashall (2018) in terms of social and ecconomic impacts.  
2. LITERATURE REVIEW  
Addressing the gap in the literature, Le (2018) explored the  
influence of the context of a mining project on restoration outcomes  
1
In this paper, ‘decommissioning’ is defined as ‘the process by which  
options for the physical removal, disposal (or modification…) of structures  
at the end of their working life are assessed, dismantled and removed’ and  
‘closure’ is understood as ‘the period after the end of commercial resource  
extraction’ when ‘decommissioning and rehabilitation activities are  
conducted’ (World Bank Multistakeholder Initiative, 2010, p. GG-2). The  
research focuses on closure in the mining industry and decommissioning in  
the oil and gas industry.  
3. METHODOLOGY  
2
The authors pay attention to post-mining restoration. While recognising  
different terms used to refer to activities to repair mined and other degraded  
lands such as remediation, rehabilitation, restoration and reclamation  
(Finger et al., 2007; The Australian Government, 2016), the authors use the  
term ‘restoration’ to replace the associated terms in the original documents  
to refer to the activities that repair mined land and are implemented after the  
cessation of operations in a mining project.  
3.1. Conceptual Framework  
Aiming to support the comparative analysis of the interplay  
between the project context and restoration/decommissioning  
3
Given the association of restoration with mine closure, the term ‘closure  
planning’ is used to refer to the activity/process in the mining industry.  
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outcomes, the study has developed a conceptual framework  
adapted from the Institutional Analysis and Development (IAD)  
framework (Ostrom, 2005; 2007). The IAD framework was  
applied by Orji (2018) to stakeholder analysis in environmental  
management in the Nigerian oil-producing region and by Le  
(2018) for analysing the influence of the project context on  
restoration outcomes. In this article, the IAD framework will be  
employed again to guide the comparative analysis, with minor  
amendments of Le’s (2018) framework as shown in Figure 1  
below.  
Mine restoration and offshore decommissioning are also impacted  
by material conditions which include financial assurance.  
Restoration and decommissioning are both expensive tasks and  
theoretically occur at the end of the productive life of a mine  
or an oil field when revenue does not exceed operation and  
maintenance costs (Ferreira and Suslick, 2000; Peck and Sinding,  
2009). Financial assurance is the available amount of money to  
the government for restoring or decommissioning the site when  
the operator goes into liquidation, leading to premature closure  
or decommissioning, or when the operator carries out the work  
incompletely or improperly (Ferreira and Suslick, 2000; Peck  
and Sinding, 2009). It is seen as the most efficient “insurance”  
mechanism to assure the necessary funding for undertaking  
restoration and decommissioning work properly (World Bank  
Multistakeholder Initiative, 2010).  
The following will explain the interplay between each project  
contextual factor (exogenous variable) and restoration/  
decommissioning outcomes in mining and petroleum industries.  
Such interplay will then be analysed in the context of Scottish  
coal mines and X oil field in Section 5.  
3.2.1. Community attributes  
3.2. Project Context  
One of the community attributes in the original IAD framework  
is community interests (Ostrom, 2005a). Due to the proximity  
of mine sites, mine restoration can make direct impacts on  
local communitiesliving environment and their livelihoods. In  
addition, given their understanding of the natural environment  
as well as the history and socioeconomic context of the  
surrounding area, local communities may provide valuable  
ideas for restoration design. Therefore, integrating community  
interests into restoration design is important for the success of  
a restoration plan (Cherry, 2008, cited in Kuter, 2014. p. 842).  
Similarly, offshore oil and gas activities can make positive  
and negative effects on nearby coastal communities’ tourism  
(Jefferies, 2018), fishing and access to marine resources  
(Snashall, 2018), thus those communities may provide insightful  
comments on decommissioning options with their knowledge of  
the marine environment around the oil fields. Then conversely,  
if local communities’ opinions are taken into account while  
preparing a restoration/decommissioning plan, restoration/  
decommissioning outcomes can be more satisfactory to local  
communities’ interest.  
3.2.1. Biophysical and material conditions  
Mine restoration and offshore decommissioning are both impacted  
by the biophysical conditions of the sites. In the mining context,  
the establishment of restoration goals is greatly influenced by the  
post-mining environment, given the disturbance caused by mining  
during operations (The Australian Government, 2016). True  
restoration of highly disturbed native ecosystems is a challenging  
task worldwide (Gillespie et al., 2015) and is impossible in many  
sites (Gardner and Bell, 2007). Similarly, in the oil and gas context,  
the situation of the marine environment around an offshore  
platform after the production phase may affect decommissioning  
options. There are many decommissioning options such as  
complete removal of installations which is the default in the North  
Sea, “rigs-to-reefs” and other alternatives in the Gulf of Mexico,  
Southeast Asia and Australia, etc. (Sommer et al., 2019). Given  
their nature, restoration/decommissioning options will have certain  
impacts on the site environment.  
Figure 1: The adapted IAD framework that reflects the interplay  
between the project context and restoration/decommissioning outcomes  
Exogenous variables  
(Project context)  
3.2.2. Biodiversitys interest  
The global extent of mining impacts on biodiversity is smaller  
than other industries such as agriculture, aquaculture and logging  
(Baillie et al., 2010); however, the magnitude of the impacts can  
be locally significant (Salomons, 1995). Restoration provides  
the opportunities for rectifying such impacts (ICMM, 2006). In  
the oil and gas context, oil platforms can be habitats not only  
for settlement but also for growth of reef fishes (Pondella et al.,  
2015). Studies have shown that fish larvae are not only attracted  
to but also grow at artificial structures, leading to fish production  
enhancement (Pondella et al., 2015). Therefore, a suitable  
decommissioning option for an oil platform can be beneficial for  
marine biodiversity. Given that biodiversity is voiceless (Wood  
et al., 2000), the researchers consider biodiversity as an unvoiced  
‘stakeholder’ that has its own interest and explores to what  
extent its interest is taken into account by observed stakeholders  
in closure/decommissioning planning. Biodiversity’s interest  
is a new exogenous variable in compared to the original IAD  
framework.  
Biophysical and material conditions  
• Post-mining/Post-production  
biophysical environment  
• Financial assurance  
Community attributes  
• Local communities’ interests  
Outcomes  
Biodiversity’s interest  
Socioeconomic context  
Rules  
• Operational, collective-choice and  
constitutional levels  
Source: The authors (adapted from Ostrom, 2005; 2007 and Le, 2018)  
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3.2.3. Socioeconomic context  
3.2.5. Outcomes  
Mine restoration with different objectives, for example, creating  
new landform, land capability or final land use (The Australian  
Government, 2016), can help maintain or even improve the  
socioeconomic development of local communities. This is  
particularly important for some local communities, for instance,  
residential mining communities which are set up to provide  
workforce for mining projects, whose socioeconomic development  
used to greatly depend on mine extraction (Browne et al., 2011).  
Similarly, offshore field decommissioning can lead to economic  
improvement in the coastal areas due to its employment and  
socioeconomic effects (Snashall, 2018). It can also contribute  
to the socioeconomic development of onshore communities  
due to direct investment in developing new skills to prepare  
for decommissioning work (McCauley, 2018). Therefore, local  
communities’ socioeconomic context should be considered  
in closure/decommissioning planning. It should be noted that  
socioeconomic context is also a new exogenous variable in  
compared to the original IAD framework.  
In the original IAD framework, ‘outcomes’ refer to the results of  
actors’ interactions (Ostrom, 2007). The term can be understood  
as restoration outcomes which are the results of restoration  
work in the mining industry or as decommissioning outcomes  
which are the results of decommissioning work in the oil and gas  
industry and can be seen through decommissioning options in a  
decommissioning plan if decommissioning work has not been  
undertaken yet.  
4. MATERIALS AND METHODS  
Case study method is used for this research since it is appropriate  
for answering a “how” question (Yin, 2014).  
Regarding offshore oil and gas fields in Vietnam, the authors chose  
X oil field as the case. Although it is impossible to say that X field  
represents all the offshore oil and gas fields in Vietnam due to their  
unique characteristics, the decommissioning planning process of  
all the fields is generally the same (POC1, 2019). In addition, X  
field was expected to be decommissioned in 2020 and thus would  
be the first field to be decommissioned in Vietnam (POC1, 2019;  
POC2, 2020) and its field decommissioning plan can be said to  
be the typical example for other fields’ decommissioning plans  
(POC2, 2019a).  
3.2.4. Rules  
Therearesamerulesassociatedwithclosureanddecommissioning  
planning processes at different levels. Restoration plans should  
specify the restoration outcomes that are achievable and  
sustainable through the enforcement of minimum performance  
standards (Powell, 1988, cited in Kuter, 2014. p. 839).  
Similarly, decommissioning plans normally provide details for  
decommissioning work through examination and assessment  
of decommissioning alternatives (Osmundsen and Tveterås,  
2003; DMIRS, 2017). Then restoration/decommissioning plans  
can directly influence operators’ restoration/decommisisoning  
work on site and thus can be considered as operational rules  
(Polski and Ostrom, 1999; Ostrom, 2007). Since planning  
permission for mine extraction defines the decision with  
restoration conditions on the planning application (EAC,  
2011b) and national laws often provide the legal framework for  
decommissioning plans (DMIRS, 2017), they can be considered  
as collective-choice rules that are used to change operational  
rules (Ostrom, 2007). National mining laws and regulations  
inform the decision making of mine restoration (Kuter, 2014).  
Whilst, decommissioning practices, despite being substantially  
decided by national governments, are influenced by international  
regulations (Osmundsen and Tveterås, 2003). For example,  
Article 5(5) of the Convention on the Continental Shelf,  
1958 requires abandoned or disused installations to be fully  
removed (Convention on the Continental Shelf, 1958). OSPAR  
Decision 98/3 also probibits “the dumping, and the leaving  
wholly or partly in place, of disused offshore installations  
within the maritime area” (OSPAR Commission, 1998. p. 16).  
These Conventions inform the related national regulations of  
the nations ratifying them (United Nations Treaty Collection,  
n.d.; EUR-Lex n.d.) or can directly influence a government’s  
decision on decommissioning plans (Osmundsen and Tveterås,  
2003). Therefore, these Conventions and national mining laws  
and regulations can be seen as constitutional rules that are used  
to change collective-choice rules (Polski and Ostrom, 1999;  
Ostrom, 2007).  
Meanwhile, the authors chose three opencast coal sites in East  
Ayrshire as the Scottish mining cases. Such sites are Dunstonhill  
Surface Mine (Dunstonhill), Duncanziemere Surface Mine  
(Duncanziemere) and Netherton Surface Mine (Netherton)  
which are the cases in Le’s (2018) study. In this research,  
those mines were also chosen for comparing with X oil field  
because of the literal replication4 and theoretical replication  
among them (Appendix 1).  
The research triangulated data from four sources: documentation,  
semi-structured interviews, informal conversations and telephone  
conversations. The data about X oil field were collected from  
February to April 2019. The main source of data during this  
period was documentation. In addition, one semi-structured  
interview and one informal conversation followed by several  
telephone conversations were undertaken with PetroVietnam  
Domestic Exploration Production Operating Company Limited  
(PVEP POC). Whilst, the data related to three opencast coal  
mines in East Ayrshire, Scotland were collected during the  
corresponding author’s PhD study, particularly between March  
2016 and April 2018. The main sources of data during this  
period were documentation and semi-structured interviews.  
Regarding semi-structured interviews, apart from 29 face-to-  
face interviews, three interviews were conducted electronically  
via email and LinkedIn in the form of self-administered semi-  
structured questionnaires.  
4
Literal replication means the cases have similar characteristics that predict  
similar results and theoretical replication means the cases have different  
characteristics that predict contrasting results but for anticipatable rationales  
(Yin, 2014).  
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aftercare bonds to ensure the performance of restoration and  
aftercare obligations in case of the operatorsdefault (EAC, 2013;  
2015a; 2015b) but even if such bonds were fully secured, they  
would not be sufficient for restoring the mines to the original  
restoration plans (EAC, 2013). The situation was even worse  
because the restoration bond for Duncanziemere could not be  
secured whilst those for Dunstonhill and Netherton were secured  
with the reduced values (EAC 2015c; 2017). Thus, the sites had  
to be restored to the revised restoration plans which are of lower  
standards than the original ones (EAC 2014; 2015a; 2015b).  
5. OVERVIEW OF X OIL FIELD, VIETNAM  
AND THREE OPENCAST COAL MINES IN  
EAST AYRSHIRE, SCOTLAND  
5.1. X oil field, Vietnam  
X oil field is situated in Block Y, about 205 kilometres to the  
southwest of Ca Mau Cape (Trung tâm nghiên cứu và phát triển  
an toàn và môi trường dầu khí, 2017). The field was developed  
since 24 November 2008 (PVEP, 2015; POC2, 2020).  
Four alternatives were considered for decommissioning X oil  
field in the field decommissioning plan. Alternative 1 refers to  
the retainment of the wellhead platform for further development  
of Block Y; however, this was considered to be unfeasible (PVEP  
POC, 2015). By virtue of its location, the wellhead platform  
will be modified to a platform under the management of the  
Vietnam People’s Navy/Ministry of Defence under Alternative 2.  
Nevertheless, this alternative was not further developed because  
the Vietnam People’s Navy/Ministry of Defence would not receive  
the handover of the wellhead platform after consideration of the  
operation and maintenance cost, manpower and particularly the  
2002 Declaration on the Conduct of Parties in the South China Sea5  
(PVEP POC, 2015). Following Alternative 3, the wellhead  
platform’s jacket will be disposed whereas the topside will be  
retained in its entirety, transported to the shore and possibly  
altered for other projects. Although this approach is technically  
feasible, the probability of reusing the entire topside for other  
projects was low and offshore decommissioning work would be  
more expensive due to the high cost of hiring Heavy Lift Vessels  
(PVEP POC, 2015). Similarly, Alternative 4 is about complete  
removal of the wellhead platform but its jacket and topside will  
possibly be cut into sections and transported to the shore to be  
disposed. Due to being technically feasible and given possibly  
simplest and flexible offshore decommissioning work, higher  
probability of cost optimisation from utilising smaller lifting  
and transportation means, and compliance with national legal  
requirements, this approach will be suggested as a basis for more  
research and implementation (PVEP POC, 2015).  
6. RESULTS  
6.1. Interplay Between Biophysical and Material  
Conditions and Restoration/Decommissioning  
Outcomes  
6.1.1. Biophysical conditions  
Regarding Scottish coal mines, the site restoration was  
constrained by the biophysical conditions of the sites at the time  
of the operators’ liquidation, especially large water filled voids  
and large overburdens (EAC, 2014; 2015a; 2015b). Given the  
limited funding and these major biophysical constraints, large  
water filled voids and large overburdens which should have been  
removed to fill the voids remained, especially the overburdens  
in Duncanziemere still contained exposed rock faces following  
the revised restoration plans (EAC, 2014; 2015a; 2015b). These  
biophysical constraints imply the importance of compliance  
monitoring with the appointment of the Independent Mining  
Engineer in enforcing the operator to comply with the rules,  
given the requirement of progressive restoration in the planning  
permission for the sites (EAC, 2006; 2010a; 2011b).  
In contrast, the biophysical environment of X oil field was not  
seen as the constraint for the field decommissioning that led  
to the preparation of decommissioning options (PVEP POC,  
2015). Due to the great remoteness of the development area  
which is 205 kilometres offshore south of Ca Mau Cape, most  
of the development’s activities would only affect the offshore  
environment around the development area. Therefore, components  
of such environment including the seawater, the seabed sediment  
and marine organisms would be mainly impacted during the project  
process (TSJOC, 2007). According to the Environmental Impact  
Assessment (EIA) report, during the drilling phase6, there would be  
minor effects of the local alterations of benthic community induced  
by drilling pollutants at the discharge site on the ecosystems in the  
South Vietnam Sea due to the small scale of the real affected area  
and its high energy oceanographic features (TSJOC, 2007). During  
the production phase, the impacts of produced water discharge,  
drainage water and treated domestic sewage on the marine  
environment would also be minor or negligible (TSJOC, 2007).  
These could be proved through two environmental monitoring  
surveys undertaken in January 2016 and August 2018 in order  
to prepare for the decommissioning of X field. The microbenthic  
community in the development area was recorded to be moderately  
diverse and abundant in the former and to be diverse and balanced  
in the latter (PVEP POC, 2016; 2018). Both surveys also showed  
5.2. Three Opencast Coal Mines In East Ayrshire,  
Scotland  
The liquidation of the two main operators in Scotland – ATH  
Resources plc in December 2012 and Scottish Resources Group  
Limited in April 2013 (and their subsidiaries Aardvark TMC  
Limited (Aardvark) in May 2013 and Scottish Coal Company  
Limited (Scottish Coal) inApril 2013 respectively) led to 32 mines  
left abandoned across central Scotland with the estimated funding  
shortfall of £200 million for restoring the sites (EAC, 2013; Friends  
of the Earth Scotland and RSPB Scotland, 2013; The Sunday  
Herald, 2013; RSPB Scotland, 2014). The liquidation made the  
greatest impact on EastAyrshire with 22 mines left abandoned and  
the estimated funding shortfall of about £132 million (The Sunday  
Herald, 2013; RSPB Scotland, 2014). Dunstonhill, Duncanziemere  
and Netherton were among those mines and had restoration and  
5
2002 Declaration on the Conduct of Parties in the South China Sea. https://  
cil.nus.edu.sg/wp-content/uploads/2017/07/2002-Declaration-on-the-  
Conduct-of-Parties-in-the-South-China-Sea.pdf (accessed 15 March 2019).  
6
Drilling phase belongs to development phase (Tordo, 2007).  
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that all chemical and biological parameters of marine water quality  
and sediment quality complied with the relevant national technical  
standards (PVEPPOC, 2016; 2018). Then compliance monitoring  
was not an issue in this case to ensure the operator to comply with  
the relevant environmental regulations.  
The production within the year  
×(Total decommissioning cost  
– The paid balance)  
Payment level =  
(1)  
(2)  
Remaining recoverable reserves  
Large water fill voids left in the Scottish coal sites, especially  
those on the Duncanziemere and Netherton sites having some  
ungraded sides with steep slopes (EAC, 2014; 2015a; 2015b) could  
raise safety issues such as flooding, people falling or jumping  
into the voids and drowning, etc. (Le, 2018). Regarding offshore  
decommissioning, a safety aspect that should be handled is shell  
mounds which are a mixture of drilling mud and shell debris of  
species forming over time under offshore structures (Henrion et al.,  
2015). Since drilling mud is gradually cleaner, shell mounds are  
effectually covered by cleaner and newer sediments; therefore,  
dredging to remove shell mounds which only occurs in complete  
platform removal will create deeper and more polluted layers  
and possibly disperse pollutants in a wider extent in the short  
time. Meanwhile, non-removal of shell mounds may lead to the  
scattering of pollutants in the long time (Henrion et al., 2015).  
Capping shell mounds can be an alternative to removing shell  
mounds to isolate pollutants but may result in obstructions on the  
seabed (Bernstein et al., 2010), thus may not be accepted following  
Vietnam’s legislation due to inducing navigation hazards (Quyết  
định 49/2017/QD-TTg năm 2017).  
(Quyết định 40/2007/QD-TTg năm 2007)  
Or  
An ×(Bn C(n-1) I(n-1)  
)
En =  
Dn  
in which:  
-
-
En: The level of payment in year n, the calculation unit is USD  
An: The production in year n, defined by the actual production  
in the respective year, the calculation unit is the barrel of  
oil equivalent  
Bn: The total decommissioning cost updated in year n, Bn =  
(b1 - b2), in which:  
-
+ b1: The total decommissioning cost estimated in the  
decommissioning plan (most recently approved), the  
calculation unit is USD  
+ b2: The cost estimate defined in the decommissioning plan  
(most recently approved) corresponding to the equipment,  
property or structure decommissioned up to year (n-1), the  
calculation unit is USD.  
Also relating to drilling mud, drill cuttings are the primary source  
of pollution during the production phase and comprise drilling  
mud, speciality chemicals and fragments drilled from the borehole  
(Lakhal et al., 2009). Drill cuttings usually contain hydrocarbons  
and traces of heavy metals, PCBs and NORM (Naturally Occurring  
Radioactive Material) from the formation (Ekins et al., 2006).  
Similar to shell mounds, the fate of cuttings piles is not mentioned  
in the decommissioning plan for X field as well as Vietnamese laws  
(Quyết định 40/2007/QD-TTg năm 2007; PVEPPOC, 2015; Quyết  
định 49/2017/QD-TTg năm 2017). Drill cuttings can be dredged  
with either onshore or offshore processing; otherwise, they can be  
left in situ (Ekins et al., 2006). Regarding the latter, drill cuttings  
piles can be covered with a sand layer followed by a gravel filter  
layer and an outer protective layer of armour stone to hamper  
leaching of hazardous substances to the surrounding environment.  
This is considered to be a low-risk approach which does not affect  
marine ecosystems negatively (Ekins et al., 2006). Since drill  
cuttings piles vary from site to site (Lakhal et al., 2009), if leaving  
them uncovered, they would make different impacts on different  
sites. In cases where drill cutting piles include many potentially  
hazardous chemicals, they can become extremely toxic due to  
synergistic effects of various contaminants (Lakhal et al., 2009).  
-
C(n-1): The balance of the financial guarantee fund on December  
31st of the year (n-1), defined by the total balance of all  
the bank accounts to which PetroVietnam (PVN) send  
the financial guarantee fund of the respective field, and  
certified in writing by the relevant commercial banks,  
the calculation unit is USD.  
I(n-1): The profit from the savings accounts received by  
organisations and individuals after PVN, on behalf of  
them, fulfill all the duties with the national budget (if  
any) for the year (n-1).  
-
-
Dn: The remaining recoverable reserves, Dn = d1-d2, in which:  
+ d1: The recoverable reserves defined in the economic  
development plan or the early production plan already  
approved by authorities up to the end of the year n, the  
calculation unit is the barrel of oil equivalent.  
+ d2: The total production accumulated from the relevant field(s)  
up to the year (n-1), the calculation unit is the barrel of oil  
equivalent.  
(Quyết định 49/2017/QD-TTg năm 2017)  
The methodologies used to calculate the amounts mean that what  
the operator pays to the financial guarantee fund during the project  
life is just part of the decommissioning cost and thus would not  
ensure the total decommissioning cost of the field is fully covered  
if premature closure occur in cases of economic downturn or where  
the operator goes into liquidation.  
6.1.2. Material conditions  
Financial assurance for oil and gas decommissioning in Vietnam  
is in the form of financial guarantee fund which is paid annually  
by the operator during the project life under both the relevant  
regulations (Quyết định 40/2007/QD-TTg năm 2007; Quyết định  
49/2017/QD-TTg năm 2017). Particularly, annual payments to  
the financial guarantee fund were/are calculated according to the  
following formulas:  
Meanwhile, the financial assurance for the Scottish coal sites prior  
to the operatorsliquidation was in the form of surety bonds (EAC,  
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2010b; 2010c; 2011a) which are similar to insurance policies in  
that annual premiums are paid by the operator to maintain the  
bond (Ferreira and Suslick, 2000). This form of financial assurance  
is more advantageous than the financial guarantee fund under  
Vietnam’s law because if the operator is bankrupt at some point of  
the project life, the government will be paid by the surety company  
for full restoration/decommissioning work providing that surety  
bonds are precisely calculated and strictly monitored. However,  
in the cases of Scottish coal sites, the local government – East  
Ayrshire Council failed to do so at the planning stage and during  
the operations phase (Mackinnon et al., 2014). Thus, at the time  
of the operators’ liquidation, there were wide gaps between the  
bond value as granted and the cost for restoring the sites to the  
originally approved restoration plans (EAC, 2013).  
but also helps improve the quality of decommissioning outcomes  
since they are familiar with the marine environment around the oil  
field. These could be proved through the restoration of opencast  
coal mines in East Ayrshire, Scotland. For example, consulting  
with Skares community made East Ayrshire Council change their  
draft restoration plan so that no “water body of any scale” would  
be left following the restoration of the Skares void, which would  
address the local community’s health and safety concerns and  
hence receive their support (EAC, 2016b). Or in the Dunstonhill  
case, the Cunninghame Ramblers advised the local government  
that the tops of the overburdens should be seeded and grassed since  
it would create a more welcoming environment for ramblers at  
the end of the journey (EAC, 2016a), which would help enhance  
the local tourism prospects.  
The liquidation of operators has never happened to the oil and gas  
industry in Vietnam and apart from laws, there would be terms  
in petroleum contracts that bind operators’ liabilities (POC2,  
2019b). Regarding laws, according to Article 20 of Decision  
40/2007/QD-TTg, within one year prior to the completion of  
the petroleum contract or the expiry of the petroleum production  
period as specified in the field development plan, organisations  
or individuals must recalculate the financial guarantee fund on  
the basis of recalculating the total decommissioning cost, the  
production within the petroleum contract and the recoverable  
reserves at this time (Quyết định 40/2007/QD-TTg năm 2007).  
In the case of X field, before handing over the field in 2013, due  
to the early cessation of the Production Sharing Contract, TSJOC  
had to reevaluate the financial guarantee fund and add to the fund  
to make it sufficient for decommissioning the field following this  
article (POC2, 2019b). This means the previous operator of X  
field had complied with the legal requirements of the financial  
guarantee fund before leaving the project. However, given what  
has occurred elsewhere, no one can assure a similar situation will  
never occur in Vietnam.  
6.3. Interplay Between Biodiversity and Restoration/  
Decommissioning Outcomes  
Regarding Duncanziemere, Dunstonhill and Netherton, the  
biodiversity value of critical sites around the project areas continued  
to be of interest to the stakeholders involved during the restoration  
process after the previous operatorsliquidation, especially Scottish  
Natural Heritage (SNH) (Le, 2018), a statutory agency for natural  
heritage in Scotland7 (The National Trust for Scotland and Scottish  
Natural Heritage, 2008). For example, considering the Low Moss  
raised bog as the most significant biodiversity resource adjacent to  
Duncanziemere, SNH pushed for restoration funds to be allocated  
for backfiling works beside the bog so that it is permanently  
supported, which means less funds would be available for other  
works, given the constrained restoration funds (Le, 2018).  
As previously mentioned, offshore platforms can be beneficial for  
fish production enhancement and hence marine biodiversity which,  
however, is not indicated in the preparation of decommissioning  
options for X oil field.According to relevant studies, there are certain  
effects of complete removal of offshore platforms on marine resources.  
Since offshore platforms are shown to function as refuges and habitats  
for marine species, such efficacy will stop following complete removal  
as offshore installations are removed and fishing prohibition in the  
safety zone is ended (Ekins et al., 2006). Comparing the benefits  
for biodiversity and those for local communities, the decrease of  
biological production possibility of particular valuable species as a  
result of complete removal can exceed the likely increase in fishable  
area (Kruse et al., 2015). This is probably true for X field since the  
coastal communities’fishery may not improve substantially following  
complete removal of the platform as indicated later. Given this fact,  
while “rigs-to-reefs” following which oil platforms are retained as  
artificial reefs (Fowler et al., 2014) has not been considered for X  
field, this can be a decommissioning option for other future oil fields  
in Vietnam. Then ‘rigs-to-reefs’ should be clearly introduced as one  
of the rationales for retaining offshore platforms in Vietnam’s future  
regulations as it has not been done so in the relevant regulation8  
(Quyết định 40/2007/QD-TTg năm 2007; Quyết định 49/2017/  
6.2. Interplay Between Community Attributes and  
Restoration/Decommissioning Outcomes  
As indicated in the EIA report for X field, a detailed field  
decommissioning plan was not prepared at the time of EIA  
due to changes of environmental regulations and communities’  
opinions about field decommissioning over time (TSJOC,  
2007). There would be discussions among parties about the field  
decommissioning plan and decommissioning options based on the  
recommendations and approval of relevant authorities (TSJOC,  
2007). In this regard, according to World Bank Multistakeholder  
Initiative (2010), before the cessation of the production, a complete  
decommissioning plan should be prepared, consulted and reviewed  
with authorities, local communities and other related parties. It is  
not indicated in the field decommissioning plan for X field that  
local communities’ interests had been consulted; however, this is  
not compulsory following Decision 40/2007/QD-TTg or Decision  
49/2017/QD-TTg (Quyết định 40/2007/QD-TTg năm 2007; Quyết  
định 49/2017/QD-TTg năm 2017). Consulting local communities  
during the preparation and development of a field decommissioning  
plan not only ensures decommissioning outcomes are more  
satisfactory to local communities’ interests and thus ensures  
equality and avoids any possible conflicts (Fowler et al., 2014)  
7
Since SNH is a Scottish statutory agency, their requirements can be  
considered as constitutional rules following the definition of constitutional  
rules in Section 3.  
8
In Decision 49/2017/QD-TTg (Article 23, Item 1(g)), ‘rigs-to-reefs’ can be  
understood as offshore structures that prove to be beneficial when being  
retained (Quyết định 49/2017/QD-TTg năm 2017).  
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QD-TTg năm 2017). Because offshore installations usually offer  
settlement for large amounts of exploited fish species, they can become  
aggregation devices if fishing is encouraged around them (Schroeder  
and Love, 2004). Therefore, for the benefit of marine biodiversity  
as well as the concern of fishing hazards, if rigs-to-reefs is chosen  
for decommissioning deep-sea fields like X field, clearly-notified  
exclusion zones that prohibit fishing must be set up surrounding the  
offshore installations (Macreadie et al., 2011). In addition, evaluation  
of potential pollution risks and ultimate liabilities of maintaining the  
offshore installations should be undertaken (DMIRS, 2017).  
Given the complete removal of X oil field after decommissioning  
(PVEP POC, 2015), the ocean surface and water column will  
be unobstructed (Kruse et al., 2015). Fishing boats will enjoy  
an enhancement in accessible area since such prohibition will  
be lifted. However, due to the small scale of the affected area in  
compared to the whole fishing ground in the coastal region, there  
would be no outstanding loss in the coastal communities’ fishery  
during the drilling and production phases (TSJOC, 2007) and hence  
no outstanding growth after the project decommissioning. This was  
probably the reason why coastal communities’ fishery was not  
indicated as the rationale for selecting the final decommissioning  
option for X oil field. However, other decommissioning options  
can help boost coastal communitiessocioeconomic development.  
For example, partial removal of the platform may strengthen the  
growth of coastal tourism during a long period if nonconsumptive  
users or recreational fishing is allowed to access the platform  
(Kruse et al., 2015). Although marine recreational fishing in  
Vietnam is underdeveloped (Teh et al., 2014), this can be an  
attractive tourism service in the future.  
Some particular approaches of rigs-to-reefs are leaving the rig in  
situ, toppling the whole installation in its existing location, partially  
removing the rig in its existing location, and moving the rig to  
a different location (Macreadie et al., 2011). These approaches  
imply that offshore installations are left on the seabed, which  
may impede marine transportation and lead to navigation hazards  
(Techera and Chandler, 2015). This issue has been addressed  
by many international laws. Apart from the Convention on the  
Continental Shelf, 1958 and OSPAR Decision 98/3 mentioned  
earlier, the United Nations Convention on the Law of the Sea, 1982  
(UNCLOS) in its Article 60(3) specifically indicates that disused  
installations or structures must be removed to ensure “safety of  
navigation” and those whose depth, position and dimensions are  
partially removed must be made public suitably (United Nations  
Convention on the Law of the Sea, 1982). This is also reflected in  
Vietnamese law, particularly, Decision 49/2017/QD-TTg requires  
that all the piles, pipes and structures installed down to the seabed  
must be cut naturally under the seabed to ensure no emergence of  
any parts and no interference with navigation and other marine  
activities (Quyết định 49/2017/QD-TTg năm 2017). Therefore,  
navigation hazards should be considered if rigs-to-reefs is chosen  
for decommissioning other oil fields in Vietnam.  
In relation to the impacts of decommissioning on the economy of  
the broader regions or the nation, removing the platform completely  
will encourage economic development in the short time due to the  
multiplier effects (Kruse et al., 2015) in terms of, for example,  
job creation. Decommissioning of oil and gas platforms requires  
mobilisation of engineers and relevant experts, which thus needs  
direct investment in local businesses, national universities and centres  
of expertise to ensure the availability of the proper skills (McCauley,  
2018). While this is not mentioned in the decommissioning plan  
for X field, PVN has been investing in universities and centres of  
expertise in Vietnam to provide researchers, engineers and skilled  
workers for the oil and gas industry, including Vietnam Petroleum  
Institute, PetroVietnam University and PetroVietnam Manpower  
Training College (PVMTC) (PVMTC, n.d.a; PVU, n.d.; VPI, n.d.).  
Especially, PVMTC has been the best diving contractor in Vietnam  
that provides many underwater services, including underwater  
decommissioning work (PVMTC, n.d.b).  
Nevertheless, complete removal can also bring ecosystem value  
in terms of creating a marine zone which is essential for recruiting  
particular species and offering crucial chances for larvae to settle  
prior to being swept out to sea and dying (Kruse et al., 2015).  
In addition, it can contribute to restoring soft bottom habitats,  
especially in cases of removing shell mounds (NOAA, 2003, cited  
in Kruse et al., 2015. p. 580). Therefore, since complete removal  
of the wellhead platform may be selected for future oil fields in  
Vietnam, such ecosystem value needs to be further investigated  
and compared to other options before making the final decision.  
7. CONCLUSIONS  
The research analysis shows that there is interplay between  
contextual factors (biophysical and material conditions,  
community attributes, biodiversity’s interest, socioeconomic  
context and rules9) and restoration/decommissioning outcomes in  
Scottish coal sites and X oil field in Vietnam. It also shows that  
there should be consideration of additional important issues in the  
preparation of future field decommissioning plans and the update of  
the related regulations in Vietnam, following the lessons from the  
closure planning of opencast coal mines in Scotland and researches  
on decommissioning planning of offshore platforms worldwide.  
6.4. Interplay Between the Socioeconomic Context and  
Restoration/Decommissioning Outcomes  
The local communities’ socioeconomic context was addressed in  
the form of employment provision during the restoration of Scottish  
coal sites (Le, 2018). It is not indicated in the field decommissioning  
plan for X oil field how coastal communities’ socioeconomic  
context influenced the preparation of decommissioning options.  
However, the impact of X oil field decommissioning on coastal  
communities’ socioeconomic development can be predicted.  
While compliance monitoring was a serious problem in  
East Ayrshire Council to ensure the operator’s compliance  
with the planning permissions’ requirements, this has not  
been the issue in X case. Nevertheless, given its occurrence  
elsewhere, it is better to apply the precautionary approach, that  
is, compliance monitoring during the life cycle of an offshore  
During the drilling and production phases of X oil field, fishing  
activities within the 500-m safety zone around the platform were  
prohibited like many other countries’ legislation (TSJOC, 2007).  
9
The influence of rules is integrated in the analysis of other variables.  
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oil field should be specified in relevant Vietnam regulations,  
particularly Decree 95/2015/ND-CP as it currently only  
requires compliance monitoring for wells (Nghị định 95/2015/  
NĐ-CP, Article 77, Item 6)  
TTg. Although mobilising engineers and relevant experts is  
not indicated in the decommissioning plan for X field, given  
the necessity of this human resource for decommissioning  
Vietnam’s oil and gas platforms in the future, there should  
be continued investment of PVN in research, training and  
education  
Following the studies of decommissioning options for  
offshore structures around the world, removing or capping  
shell mounds can be considered for decommissioning of  
future oil and gas fields in Vietnam. In addition, given the  
potential impacts of drill cuttings, they should be dredged or  
covered following a low-risk approach. These can be added  
to Article 10, Item 2 of Decision 49/2017/QD-TTg with a  
note that potential obstructions from capping shell mounds  
and covering drill cuttings piles should be consulted with the  
relevant authority to avoid navigation hazards  
As can be drawn from the lesson of the opencast mining  
industry in Scotland, a more powerful financial assurance  
instrument should be applied to Vietnam’s oil and gas industry  
to ensure the financial guarantee fund is sufficiently available  
for decommissioning throughout the project process, which  
can be updated to Article 28 of Decision 49/2017/QD-  
TTg. This will help prevent the burden of any remaining  
decommissioning liability on the Government and potential  
negative impacts of low-quality decommissioning outcomes  
on local communities and marine biodiversity  
World Bank Multistakeholder Initiative’s (2010) guideline and  
experience from the restoration of opencast coal mines in East  
Ayrshire, Scotland point out that local communitiesinterests  
should be consulted during the preparation and development  
of a field decommissioning plan. Given its benefits,  
consulting local communitiesinterests should be encouraged  
if not compulsory in Vietnam’s amended regulations on  
decommissioning of petroleum fields, particularly Article 6,  
Item 3 of Decision 49/2017/QD-TTg  
With the above-mentioned policy recommendations, this research  
will contribute to the improvement of decommissioning planning  
of offshore oil and gas fields in Vietnam. In addition, the conceptual  
framework developed in this research as adapted from Le’s (2018)  
modified IAD framework can be used for analysing any mines  
or oil and gas fields in the world. However, one limitation of  
the study is that it does not analyse the influence of the project  
context on the stakeholdersinteractions during decommissioning  
planning due to the limited data available. This can be the focus  
of a future study, whether in the case of X field or other offshore  
oil fields in Vietnam, in order to investigate: (1) how compliance  
monitoring was undertaken during the project process, particularly  
prior to decommissioning; (2) how the stakeholders involved  
interacted to ensure the financial guarantee fund was sufficient for  
full decommissioning as required in the field decommissioning  
plan throughout the project life; (3) how local communities were  
consulted during the preparation and development of the field  
decommissioning plan; and (4) how the relevant stakeholders  
interacted to integrate biodiversity’s interest into the field  
decommissioning plan.  
FUNDING  
This work was funded by PetroVietnam University under grant  
code GV1903.  
Due to the outbalance of the reduced biological production  
possibility over the potential increase in fishable area following  
complete removal of an offshore platform, rigs-to-reefs options  
should be considered for future decommissioned platforms  
in Vietnam. However, since complete removal of offshore  
structures can also bring ecosystem value, there should  
be comparison of potential ecosystem value brought from  
rigs-to-reefs and complete removal options before making  
the final selection. These require the interest in conserving  
and enhancing marine biodiversity of the stakeholders  
involved, which should be encouraged in the relevant laws on  
decommissioning of offshore oil and gas fields. In addition,  
issues related to installing a clearly-notified exclusion zone  
and evaluating potential pollution risks and ultimate liabilities  
should be clarified in the related laws. Furthermore, navigation  
hazards should be addressed if rigs-to-reefs is applied to  
decommissioned structures in Vietnam given the relevant  
requirements in the national and international laws. All of  
these issues and rigs-to-reefs approach can be supplemented  
to Article 23, Item 1 of Decision 49/2017/QD-TTg  
ACKNOWLEDGMENTS  
The authors are grateful to the representatives of PetroVietnam  
Domestic Exploration Production Operating Company Limited  
for participating in the research and providing useful information  
during the research process. Many thanks are also given to  
PetroVietnam lecturers for valuable comments and suggestions. In  
addition, the authors would like to express sincere gratitude to all  
the participants in Le’s (2018) study for kindly providing data and  
clarifying questions relating to the Scottish opencast coal industry.  
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APPENDIX  
Appendix 1: Literal and theoretical replication between  
Scottish coal mines and X oil field  
Variables  
Dunstonhill,  
X oil field  
Duncanziemere  
and Netherton  
Biophysical and material conditions  
Post-mining/  
post-production  
A constraint on Not a constraint on  
mine restoration decommissioning  
biophysical environment  
Financial assurance  
Insufficient for  
Sufficient for  
mine restoration decommissioning  
Community attributes  
Local communities’  
interests  
Consulted for  
the revised  
Not consulted for the  
decommissioning  
restoration plans plan  
Biodiversity’s interest  
Integrated in  
the revised  
Not integrated in the  
decommissioning  
restoration plans plan  
Socioeconomic context  
Considered  
in the revised  
Not considered in  
the decommissioning  
restoration plans plan  
Rules  
Operational,  
Influenced mine Will influence  
collective-choice and  
constitutional levels  
restoration  
decommissioning  
Source: The authors  
174  
International Journal of Energy Economics and Policy | Vol 11 • Issue 4 • 2021  
pdf 13 trang yennguyen 19/04/2022 1420
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