On 3 November 2009, the Government issued Decree No. 100/2009/ND-CP stipulated the surchage when crude oil price increased.

When crude oil price average of the quarter actual fluctuations is higher than the base price of the year from 20% to 50%, the surcharge is 50%, and increase of over 50% will apply to the 60% surcharge. For oil and gas projects to encourage investment, the surcharge is 30%, applied to oil interest rateare divided according to the quarter of the contractorwhen crude oil price average of the quarter actual fluctuations is higher than the correlative base price over 20%.

The Decree was published on Official Gazzette on 15 November 2009, take effect since 1 January 2010.