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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
107/2013/ND-CP
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Hanoi,
September 20, 2013
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DECREE
PROVIDING
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN ATOMIC ENERGY
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on sanctioning of
administrative violations dated June 20, 2012;
Pursuant to the Law on atomic energy dated June
03, 2008;
At the proposal of Minister of science and
technology;
The Government promulgates the Decree providing
on sanctioning of administrative violations in atomic energy;
Chapter 1.
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Article 1. Scope of regulation
1. This Decree prescribes the administrative
violations, the sanctioning form and rate, remedial measures, the authority of
sanctioning administrative violations in atomic energy, including
administrative violations in science study and technology development operation
in atomic energy; construction, operation, maintenance, exploitation,
management and dismantlement of nuclear facilities, radiation facilities;
exploration, exploitation, processing, and use of radioactive ores; production,
storage, use, transport, transfer, export, import of radioactive sources,
radiation equipment, nuclear fuel, source nuclear material, nuclear material
and nuclear equipment; processing and storage of radioactive waste and support
services applying atomic energy.
2. For administrative violations related to atomic
energy not prescribed in this Decree, if they are specified in other Decrees on
sanctioning of administrative violations, such Decrees shall be applied for
sanction.
Article 2. Interpretation of
terms
In this Decree, the following terms are construed
as follows:
1. Inspection over medical X-ray equipment means
examination on quality of X-ray equipment used in medical
diagnosis, determination and certifying on the working regime of equipment
implemented by organizations permitted examining by competent state agencies.
2. Calibration means correction of errors of
radiation equipment, radiation measurement equipment with standard measurement
equipment or standard radiation source to ensure the accuracy of equipment.
3. Change of operational scale and scope of
radiation facility means change of position of radiation source installed
permanently, change of operation limitation in comparison with provision in
license, change of technical parameters of radiation equipment influenced to
safety or change of structure of system for radiation safety assurance.
4. Radiation measurement equipment are devices,
instruments used for measuring radioactive doses, radioactivity, and
identifying radioactive isotopes.
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6. Radioactive decontamination is the elimination
or reduction of radioactive contamination to an acceptable level through
physical, chemical, or biological processes.
Article 3. Remedial measures
Apart from forms of the primary sanction,
additional sanction, organizations and individuals that commit violations may
also be applied one or some of remedial measures below:
1. Forcible implementation of measures for ensuring
radiation safety and nuclear safety;
2. Forcible search, retrieval of radioactive
substances, the items contaminated radioactivity, radioactive materials,
radioactive sources, source nuclear material, and nuclear equipment;
3. Forcible decontamination of contaminated areas
to meet National Technical Regulation on environment;
4. Forcible re-export of radioactive substances,
radioactive sources, radioactive waste, consumables which have been irradiated
or contain radioactive substances, source nuclear materials, nuclear materials,
nuclear equipment;
5. Forcibly not arranging radiological workers with
results of personal exposure which are high abnormally to continue do the radiological
job;
6. Forcible implementation of measures to limit
maximally the adverse impacts to environment;
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8. Forcible dismantlement of construction works,
parts of construction works without license, not proper with license, or not
proper with the approved design;
9. Forcible access of data on personal occupational exposure into the national database
on occupational exposure;
10. Forcible withdrawal of the provided service
results;
11. Forcible withdrawal of the granted safety
examination certificate.
Article 4. Provisions on the
fine levels and sanctioning authority for individuals, organizations
1. The fine levels for administrative violations
specified in Chapter 2 of this Decree are fine levels imposed for individuals,
except for administrative violations specified in Clause 9 Article 6; Clause 3
Article 7; Clauses 5, 6, 7, 8 of Article 14; Clause 2 Article 15; Clause 2
Article 22; Articles 24, 25 and 26; Clause 3 Article 27 and Clause 2 Article 40
of this Decree. The maximum fine level imposed for individuals shall be
VND 1,000,000,000.
The fine level for a same administrative violation
committed by an organization shall be equal to twice of the fine level imposed
for an individual. The maximum fine level imposed for organizations shall be
VND 2,000,000,000.
2. The authority to impose sanctions against
administrative violations of persons defined in Articles from 43 thru 45 of
this Decree is the authority applied to an administrative violation of
individual. In case of fine, the authority to impose sanctions for
organizations shall be more than twice of the authority to impose sanctions for
individuals.
Chapter 2.
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SECTION 1. ADMINISTRATIVE
VIOLATIONS REGARDING MAKING STATEMENTS AND LICENSING
Article 5. Violating provisions
on making statements on radioactive substances, radioactive waste, radioactive
sources which have been used, radiation equipment, nuclear materials, nuclear
equipment, nuclear fuels which have been used
1. A warning or fine of between VND 500,000 and
1,000,000 for one of the following acts:
a) Failing to make statements with competent state
agencies within 07 working days, from the day when X-ray equipment for medical
diagnosis, Veterinary X-ray equipment are obtained;
b) Failing to make additional statements with
competent state agencies about the changed information in comparison with the
application for licensing radiological works in terms of names of the applicant
and the safety workers, address of the facilities, and the condition of
radiological equipment within 10 working days from the day on which the change
is made;
c) Failing to provide sufficient information about
radiation sources according to regulations.
2. A fine of between VND 2, 000,000 and 5,000,000
for one of the following acts:
a) Failing to make statements with competent state
agencies within 07 working days, from the day when radioactive substances and
radiological equipment are obtained as prescribed in point a Clause 1 of this
Article;
b) Failing to make statements on use of radioactive
sources, radiation equipment with competent state agencies where carrying out
radiation activities of facilities with the movable radiation activities;
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3. A fine of between VND 3, 000,000 and 6,000,000
for one of the following acts:
a) Failing to make statements on the radioactive
waste produced by radiological works;
b) Failing to make statements on the radioactive
waste produced by production, pilot production, processing, exploration and
exploitation of ores, minerals;
c) Failing to make statements on radioactive
sources which have been used within 30 working days, from the day when
radiation sources are no longer used;
d) Failing to make statements every time
when receiving radioactive wastes, radioactive sources which have been
used while operating warehouses of processing, storing national radioactive
waste, service activities of processing, storing radioactive wastes,
radioactive sources which have been used.
4. A fine of between VND 10, 000,000 and 20,000,000
for one of the following acts:
a) Failing to make statements on the source nuclear
materials, nuclear materials, nuclear equipment, and nuclear fuel which have
been used;
b) Failing to make statements on the radioactive
waste produced by the nuclear facilities;
c) Failing to provide sufficient information about
nuclear materials and nuclear equipment according to regulations.
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Suspension of the operation of using nuclear equipment
from 01 month to 03 months, applicable to the violations specified in point a
Clause 4 of this Article.
Article 6. Violating provision
on licensing for carrying out radiation job
1. A fine of between VND 2,000,000 and 5,000,000
for carrying out the radiation jobs when the licenses have been expired for no
more than 30 working days.
2. The act of carrying out radiation jobs when the
licenses have been expired for more than 30 working days shall be sanctioned
according to Clauses 3, 4, 5, 6, 7, 8 and 9 of this Article.
3. A fine of between VND 3,000,000 and 6,000,000
for using X-ray equipment for medical diagnosis, veterinary X-ray equipment
without licenses.
4. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts without licenses:
a) Using radioactive substances, radiation
equipment, except for equipment defined in Clause 3 point a Clause 6 of this
Article;
b) Storing radioactive sources;
c) Exporting, importing, temporary exporting for
re-import, temporary importing for re-export radioactive substances;
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dd) The activities that produce radioactive wastes,
except for the activities in Clauses 5, 6, 7, 8, and 9 of this Article.
5. A fine of between VND 10,000,000 and 20,000,000
for one of the following acts without licenses:
a) Transporting radiation sources and radioactive
wastes;
b) Treating, storing, or burying radioactive wastes
and used radiation sources
6. A fine of between VND 20,000,000 and 35,000,000
for one of the following acts without licenses:
a) Using particle accelerators; industrial
irradiators, radiotherapy equipment, gamma-knife, industrial radiographic
equipment, gamma field and gamma cell equipment system;
b) Transporting radioactive substances and
radioactive waste for transit in Vietnam’s territory;
c) Producing and processing radioactive substances;
d) Exploring, exploiting, and processing
radioactive ore.
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a) Exporting, importing, temporary exporting for
re-import, temporary importing for re-export source nuclear materials, nuclear
materials and nuclear equipment;
b) Using nuclear materials outside the nuclear fuel
cycle;
c) Changing the operational scale or scope of the
radiation facilities;
d) Transporting the source nuclear materials,
nuclear materials, nuclear fuel, and the used nuclear fuel;
dd) Processing, storing, burying nuclear fuels
which have been used.
8. A fine of between VND 40,000,000 and 70,000,000
for one of the following acts without licenses:
a) Transporting the source nuclear materials,
nuclear materials, nuclear fuels, the used nuclear fuels in transit on
Vietnam’s territory;
b) Operating the ships, vehicles, equipment, and
machinery with motor run by nuclear energy.
9. A fine of between VND 200,000,000 and
400,000,000 shall be imposed for organizations conducting operation, pilot
operation of nuclear reactors without licenses.
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a) Suspension of the operation of using radioactive
source, radiation equipment from 01 month to 03 months, applicable to the
violations specified in Clause 1, Clause 2, Clause 3, point a Clause 4, point a
Clause 6 of this Article;
b) Suspension of the operation of using equipment,
vehicles, machinery, motors, and nuclear reactors from 01 month to 03 months,
applicable to the violations specified in point b Clause 8, Clause 9 of this
Article.
11. Remedial measures:
a) Forcible re-export of imported radioactive
substances, for violations in point c, Clause 4 of this Article;
b) Forcible re-export of the imported source
nuclear materials, nuclear materials and nuclear equipment, for violations
specified in point a Clause 7 of this Article.
Article 7. Violating the
conditions stated in licenses for carrying out radiation jobs
1. A fine of between VND 2,000,000 and 5,000,000,
for acts violating one of conditions stated in licenses, except for violations
sanctioned according to other terms defined in this Decree.
2. A fine of between VND 3,000,000 and 6,000,000,
for act of using radioactive source, radiation equipment into jobs other than
jobs defined in licenses for carrying out the radiation jobs.
3. A fine of between VND 20,000,000 and 40,000,000,
for organizations with nuclear facilities not complying with contents stated in
licenses, except for violations specified in Clause 3 Article 18 of this
Decree.
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Deprive of the right to use license for carrying
out radiation jobs from 01 month to 03 months, for violations specified in
Clause 2 and Clause 3 of this Article;
SECTION 2. ADMINISTRATIVE
VIOLATIONS REGARDING RADIATION SAFETY, NUCLEAR SAFETY
Article 8. Violating provision
on controlling exposure for the public, radiological workers
1. A warning or fine of between VND 500,000 and
1,000,000 for one of the following acts:
a) Not having instruction on using personal
dosimeters affixed at working place of radiological workers;
b) Not notifying results of personal dose assessment
for radiological workers;
2. A fine of between VND 3, 000,000 and 6,000,000
for one of the following acts:
a) Letting the exposure incurred by members of the
public and radiological workers exceed the limits according to regulation;
b) Failing to periodically examine the working
place of radiological workers according to regulations or at least once every
year;
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d) Failing to assess personal dose of radiological
workers at least once every 3 months;
dd) Failing to have measures to handle when result
of personal dose is high abnormally.
3. Remedial measures:
Forcibly not arranging the radiological workers
with result of personal dose which is high abnormally to continue doing
radiation jobs, for violation specified in point dd Clause 2 of this Article.
Article 9. Violating provision
on controlling exposure applicable to metal scraps contaminated by
radioactivity
1. A fine of between VND 4,000,000 and 8,000,000,
for act of not reporting competent state agencies within 24 hours, after
detecting radioactive substances, items contaminated by radioactivity mixed in
metal scraps, in semi-product billet.
2. A fine of between VND 5,000,000 and 10,000,000,
for act of not monitoring, detecting radioactive substances, items contaminated
by radioactivity mixed in metal scraps, in semi-product billet when exporting,
importing, producing, circulating, re-producing metal scraps, billet.
3. Remedial measures:
Forcible revocation of radioactive substances,
items contaminated by radioactivity; forcible radioactive decontamination for
the contaminated areas, for violations specified in Clause 2 of this Article;
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1. A fine of between VND 2, 000,000 and 5,000,000
for one of the following acts:
a) Not having radiation notice boards, signboards
warning radiation at control areas, supervision areas;
b) Not having regulations of going out and entering
the control areas, supervision areas;
c) Failing to arrange person to supervise the going
out and enter of the control areas;
2. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts:
a) Failing to setup the control areas at places
with potential radioactive dose of more than or equal to 6 mSv/year, except for
violation specified in Clause 3 of this Article;
b) Failing to setup the supervision areas at places
with the potential radioactive dose of more than 1mSv/year and less than 6mSv/year.
3. A fine of between VND 5,000,000 and 10,000,000,
for act of not setting up the control areas at places with the potential
radioactive dose of more than or equal to 6 mSv/year, when using
radiotherapy machines, particle accelerators, industrial irradiator,
control rooms of nuclear reactors.
4. Remedial measures:
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Article 11. Violating
provisions on controlling surface contamination, air contamination, for
facilities using unclosed radioactive sources
A fine of between VND 4,000,000 and 8,000,000 for
one of the following acts:
1. Failing to equip system of fume hood;
2. Failing to use materials easy to make
radioactive decontamination for walls, floors and table face;
3. Failing to have air ventilation system with
radiation filters;
4. Failing to equip instrument to measure exposure
dose, machine of radioactive contamination measurement in order to monitor and
assess the level of radioactive contamination.
Article 12. Violating
provisions on inspection, and calibration of radiation measurement equipment
and radiological equipment, radiotherapy sources
1. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
a) Failing to conduct periodical inspection for
X-ray equipment used in medical diagnosis according to regulations;
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c) Failing to periodically calibrate the medical
radiotherapy sources according to regulations;
d) Using radiation equipment which are not
calibrated or not yet been permitted to use again by competent state agencies
after the repair have been implemented for medical examination and treatment;
dd) Using radioactive sources, radiation equipment
not meeting requirements on quality for diagnosis and medical treatment in
medical examination and treatment.
2. The additional sanctioning forms:
Suspension of the operation of using the radiation measurement
equipment, radiation equipment, radiotherapy sources, from 01 month to 03
months, for violation specified in Clause 1 of this Article.
Article 13. Violating
provision on labor protection for radiological workers
1. A warning or fine of between VND 500,000 and
1,000,000, for act of not guiding in writing for radiological workers in using
instruments of individual labor protection, equipments to control exposure
dose, equipment to examine the radioactive contamination.
2. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts:
a) Failing to equip the appropriate protective
instruments for person working with the unclosed radioactive sources;
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3. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts when managing and using the unclosed radioactive
sources:
a) Failing to equip the appropriate measurement
machine to control exposure dose for persons working at control areas;
b) Failing to arrange place for washing hands,
bathrooms, area to store clothes, items contaminated by radioactivity,
equipment to measure the radioactive contamination of body, clothes,
items at the exit of control area before leaving the control area.
c) Equipping equipment to control exposure,
equipment to examine radioactive contamination specified in point a, point b
Clause 3 of this Article not in conformity with the national technical
regulation, international standards and regulations.
4. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
a) Failing to provide appropriate protective
instruments for persons operating the interference X-ray equipment, persons
participating in conducting the interference X-ray manipulation;
b) Failing to provide tongs to pick up radioactive
source, and gloves for persons working with radioactive source in geographical
and physical exploration of drilling well.
5. The additional sanctioning forms:
Suspension of the operation of using equipment to
control exposure, equipment to examine radioactive contamination, from 01 month
to 03 months, for violations specified in point c Clause 3 of this Article.
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1. A fine of between VND 2,000,000 and 5,000,000
for act of not storing one of the following documents:
a) Conclusions of the inspection and examination of
documents about the fulfillment of the requirements of competent state
agencies;
b) Reports on safety assessment of radiological
works.
2. A fine of between VND 3,000,000 and 6,000,000
for act of failing to make or not storing one of the following dossiers and
documents:
a) Documents about radiation sources, radiological
equipment, the changes, repair, and upgrade of radiological equipment;
b) Dossier on the decontamination, measurement in
working areas of radiological workers;
c) Dossier of maintenance, inspection, and
calibration of radiation measurement equipment and radiological equipment;
d) The journal of the operation and use of
radiological equipment and radiation sources;
dd) Documents about accidents while doing
radiological works;
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g) Documents about radiation doses of radiological
workers;
h) The application for the license for radiological
works;
i) Documents on the treatment, storage, and burial
of radioactive waste;
k) Documents about the radioactive delivery when
transport radioactive material.
3. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
a) Failing to send documents specified in point b
Clause 1, points a, b, c, d, e and g Clause 2 of this Article to the competent state
agencies before terminating operation;
b) Failing to send documents specified in point a
and point c Clause 2 of this Article to the new owning and using facility, in
case where the radioactive source, radiation equipment are send to new
facility.
4. A fine of between VND 6,000,000 and 12,000,000
for act of not storing reports on safety analysis for radiation facility when
apply for license for construction, change of operational scale and scope,
operational termination according to regulation.
5. A fine of between VND 20,000,000 and 40,000,000
shall be imposed for organizations failing to make or failing to store one of
the following dossiers and documents:
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b) Dossier of maintenance and inspection of nuclear
equipment.
6. A fine of between VND 50,000,000 and 80,000,000
shall be imposed for organizations failing to make dossiers of upgrade of
nuclear facility.
7. A fine of between VND 100,000,000 and
160,000,000 shall be imposed for organizations failing to store reports on
safety analysis in the application for the approval of location of nuclear
power plant.
8. A fine of between VND 120,000,000 and
200,000,000 shall be imposed for organizations failing to store dossiers of
upgrade of nuclear facility.
Article 15. Violating the
provision on certificates of radiological workers
1. A fine of between VND 3,000,000 and 6,000,000
for appointing employees without certificates in radiology to undertake one of
the following jobs:
a) Being in charge of safety;
b) Being in charge of decontamination;
c) Operating particle accelerators;
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dd) Producing radioactive isotopes;
e) Doing industrial radiographic works.
2. A fine of between VND 20,000,000 and 40,000,000
shall be imposed for organizations appointing employees without certificates in
radiology to undertake one of the following jobs:
a) Chief engineers of nuclear reactors;
b) Foremen of nuclear reactors;
c) Officers in charge of responding to radiation
accidents or nuclear accidents;
d) Nuclear fuel keepers;
dd) Nuclear reactor operators.
Article 16. Violating the
provision on reporting the safety of radiological works
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2. A fine of between VND 6,000,000 and 12,000,000,
for act of not reporting the safety of radiological works of nuclear facilities
to competent state agencies every year.
Article 17. Violating the
provision on transport of radioactive material
1. A fine of between VND 3,000,000 and 6,000,000,
for act of failing to pack radioactive materials in radioactive shipments of
the consignor according to regulations.
2. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts of the transporting party:
a) Failing to stick the radioactive warning labels
on means of transport during transport of radioactive substances;
b) Failing to make plan on responding accidents at
grassroots according to regulations;
c) Failing to formulate plan, failing to perform
plan to ensure safety, security according to regulations;
d) Using the means of transport not consistent with
provisions on radiation safety;
dd) Failing to appoint officers to be responsible
for radiation safety during the transport;
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g) Transporting radioactive substances while the
radiation dose at the cabin and seats exceed the limits of radiation safety;
h) Failing to fulfill technical measures to ensure
safety during the transport;
i) Failing to send reports to competent state
agencies within 24 hours when the radiation shipment is not received.
3. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
a) The consignee fails to inform the consignor or
the competent state agencies within 24 hours when finding the shipment is not
conformable with the delivery contract in terms of category and quantity; of
the shipment is suspected of being damaged, unsealed, or radioactive leak;
b) The keeper of the shipment at the transshipment
warehouse fails to inform the competent state agencies within 24 hours when the
shipment is suspected of being damaged, unsealed, or radioactive leak, or the
shipment is not received.
4. A fine of between VND 50,000,000 and 100,000,000
for act of letting radioactive materials spill or leak during the transport.
5. Remedial measures:
Forcibly finding and gathering radioactive
materials that are lost, spilled, or leaked; decontaminating the contaminated
areas to meet national technical regulations on environment, for violation
specified in Clause 4 of this Article.
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1. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
a) Importing, selling consumables which have been
irradiated or contain permitted radioactive substances without indicating this
information on their labels;
b) Importing radioactive materials, radiological
equipment inconsistently with the technical parameters, quantity,
characteristics, and origins in the license.
2. A fine of between VND 8,000,000 and 15,000,000
for one of the following acts:
a) Importing consumables which have been irradiated
not belong to the list permitted to import or belong to the list permitted to
import but already been irradiated or contained radioactive substances
exceeding the prescribed limits;
b) Producing or selling consumables with the
radioactivity higher than the prescribed limit.
3. A fine of VND 10,000,000 and 20,000,000, for
import of nuclear equipment inconsistently with the technical parameters,
quantity, characteristics, and origins in the license.
4. A fine of between VND 30,000,000 and 50,000,000,
for act of importing the radiation equipment, radioactive sources not falling
in the list of goods permitted to import.
5. A fine of between VND 150,000,000 and
300,000,000, for act of importing the radioactive waste.
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a) Forcible revocation of goods for destruction,
for violation in point b, Clause 2 of this Article;
b) Forcible re-export of radioactive material,
radiation equipment, consumables which have been irradiated, nuclear equipment,
radioactive waste, for violations in point b clause 1, point a clause 2, Clause
3, Clause 4 and Clause 5 of this Article.
Article 19. Violating the
provisions on resolving radiation and nuclear accidents
1. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
a) Failing to formulate, organize implementation of
plan to response radiation accidents at grassroots, except for violation
specified in point b Clause 2 Article 17 of this Decree;
b) Failing to notify competent state agencies about
locations happening accidents and concerned information within 24 hours, since
detecting radiation accidents;
c) Failing to provide information and documents,
failing to cooperate with agencies and organizations in remedying and
investigating causes of the radiation accident;
d) Failing to comply with or complying
insufficiently and untimely with the order of urgent mobilization of the
competent state agencies in terms of personnel, supplies, and vehicles for
overcoming the radiation accident;
dd) Obstructing or failing to comply with guidance
when agencies, organizations overcome the radiation accident;
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2. A fine of between VND 20,000,000 and 40,000,000
for one of the following acts:
a) Failing to notify competent state agencies about
locations happening accidents and concerned information within 24 hours, since
detecting nuclear accidents;
b) Failing to provide information and documents,
failing to cooperate with agencies and organizations in remedying and
investigating causes of the nuclear accident;
c) Failing to comply with or complying
insufficiently and untimely with the order of urgent mobilization of the
competent state agencies in terms of personnel, supplies, and vehicles for
overcoming the nuclear accident;
d) Obstructing or failing to comply with guidance
when agencies, organizations overcome the nuclear accident;
dd) Failing to determine causes of the nuclear
accident according to regulations.
3. A fine of between VND 50,000,000 and 100,000,000,
for act of letting radiation accidents happen, except for violation sanctioned
according to other provisions in this Decree.
4. A fine of between VND 500,000,000 and
1,000,000,000, for act of letting nuclear accidents happen, in case violation
not to the extent of being examined for criminal liability.
5. Remedial measures:
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Article 20. Violating the
provisions on storing, treating, and burying the radioactive waste, used
radiation sources, and spent nuclear fuel
1. A fine of between VND 2,000,000 and 5,000,000,
for act of failing to formulate plan to classify and treat the radioactive
waste.
2. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts:
a) Classifying and treating radioactive waste and
used radiation sources not according to the formulated plan or at variance with
National Technical Regulations or international regulations and standards;
b) Failing to perform measures to minimize
radioactive waste at the sources;
c) Failing to separate radioactive waste from
ordinary wastes during the collection and treatment.
3. A fine of between VND 8,000,000 and 15,000,000
for one of the following acts:
a) Failing to make burial reports upon burying
radioactive waste;
b) Failing to make burial maps and send them to
competent state agencies upon burying radioactive waste.
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a) Using nuclear fuel without a plan for safely
treating and storing spent nuclear fuel;
b) Treating the spent nuclear fuel at variance with
National Technical Regulations or international regulations and standards.
5. A fine of between VND 50,000,000 and 80,000,000
for one of the following acts:
a) Building depositories for storing national radioactive
waste or burying radioactive waste without approval of competent state
agencies;
b) Selecting locations to build depositories for
storing national radioactive waste or burying radioactive waste not according
to National Technical Regulations or international regulations and standards;
6. Remedial measures:
Forcible dismantlement of construction works, for
violation in point a, Clause 5 of this Article.
Article 21. Violating the
provision on processing, disposing of contaminated items
1. A fine of between VND 5,000,000 and 10,000,000,
for act of failing to take necessary measures for storing and processing
contaminated items according to regulation.
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3. Remedial measures:
a) Forcible revocation of items contaminated
radioactivity for storage, processing, for violation in Clause 2 of this
Article;
b) Forcible the environmental remediation, for
violation in Clause 2 of this Article.
Article 22. Violating the
provisions on dismantling and decontaminating radiation facilities and nuclear
facilities when terminate operation
1. A fine of between VND 15,000,000 and 30,000,000
for one of the following acts when terminating operation of radiation
facilities:
a) Having no decision on recognizing that the
radiation facility is no longer responsible for radiation safety from competent
state agencies;
b) Failing to submit the plan for dismantling,
decontaminating, treating radiation sources and radioactive waste to competent
state agencies;
c) Dismantling the radiation facility,
decontaminating, treating radiation sources and radioactive waste at variance
with the plan approved by competent state agencies;
d) Dismantling or decontaminating at variance with
National Technical Regulations or international regulations and standards.
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a) Having no decision on recognizing that the
nuclear facility is no longer responsible for radiation and nuclear safety from
competent state agencies;
b) Failing to submit the plan for dismantling,
decontaminating, treating nuclear fuel, nuclear equipment, and radioactive
waste to competent state agencies;
c) Dismantling, decontaminating or treating nuclear
fuel, nuclear equipment, radioactive waste at variance with the plan approved
by competent state agencies;
d) Dismantling, decontaminating or treating nuclear
fuel, nuclear equipment, radioactive waste at variance with National Technical
Regulations or international regulations and standards.
3. Remedial measures:
Forcibly decontamination of the contaminated areas
to meet national technical regulations on environment, forcible environmental
remediation, for violations specified in point d Clause 1, point d Clause 2 of
this Article.
Article 23. Violating the
provisions on safety assessment and environmental remediation for facilities of
exploring, exploiting and processing radioactive ore
1. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
a) Failing to send the report on implementation of
measures to minimize negative impacts on the environment to competent state
agencies;
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c) Failing to send the report on result of the
environmental remediation after each stage of survey, extraction, and
processing to competent state agencies;
d) Failing to send the report on result of the
environmental remediation after ending entire activities of survey, extraction,
and processing to competent state agencies;
2. A fine of between VND 15,000,000 and 30,000,000
for one of the following acts during the survey, extraction, and processing of
radioactive ore:
a) Failing to send safety assessment reports to
competent state agencies; or sending insufficient safety assessment reports
according to regulations;
b) Failing to make a map of the area where ore
extraction and processing have terminated operation according to regulations.
3. A fine of between VND 30,000,000 and 50,000,000,
for act of failing to take necessary measures minimize negative impacts on
environment according to regulations.
4. A fine of between VND 50,000,000 and 80,000,000,
for act of failing to conduct the environmental remediation after each stage or
after ending entire activities of survey, extraction, and processing.
5. Remedial measures:
a) Forcible execution of necessary measures for
minimizing negative impacts on the environment, for the violation in Clause 3
of this Article;
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Article 24. Violation the
provision on building nuclear facilities or changing of the operational scale
and scope of nuclear facilities
1. A fine of between VND 40,000,000 and 70,000,000
shall be imposed for organizations conducting one of the following acts:
a) Building, changing the operational scale and
scope of the nuclear facility at variance with the approved design;
b) Failing to stop building the nuclear facility
according to the decision of competent state agencies.
2. Remedial measures:
Forcible dismantlement of construction works, or
parts of construction works, for violation in point a, Clause 1 of this
Article.
Article 25. Violating the
provisions on the regime for the observation of environmental radioactivity and
reporting observation results, when managing, using nuclear reactors
1. A fine of between VND 60,000,000 and 100,000,000
shall be imposed for organizations conducting one of the following acts:
a) Failing to send reports to competent state
agencies about results of periodical observation according to regulations.
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2. A fine of between VND 100,000,000 and
160,000,000 shall be imposed for organizations failing to conduct the
observation of environmental radioactivity at nuclear reactor locations.
Article 26. Violating the
provisions on operating nuclear reactors
1. A fine of between VND 60,000,000 and 100,000,000
shall be imposed for organizations conducting act of failing to send reports on
the test run and reports on safety analysis of nuclear reactors to competent
state agencies.
2. A fine of between VND 300,000,000 and
600,000,000 shall be imposed for organizations conducting act of failing to
comply with the regulations on test running the nuclear reactors.
Article 27. Other violations
on radiation safety and nuclear safety
1. A warning or fine of between VND 500,000 and
1,000,000 for act of failing to have radiation notice boards, warning signs of
radiation danger, notice lamp of radiation operation at the gates of rooms laid
and run equipment when using X-ray equipment for medical diagnosis, veterinary
X-ray equipment.
2. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts when managing, using radioactive sources,
radiation equipment:
a) Failing to have radiation notice board, warning
signs of radiation danger, radiation warning lamps, notice lamp of radiation
operation at the gates of rooms laid and run radiation equipment, except for
violations specified in Clause 1 of this Article;
b) Failing to have warning signs of radioactive
danger at place laying radioactive source;
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d) Failing to have the appropriate regulations on
radiation safety and process of working;
dd) The radiation safety regulations are lacked one
of provisions about: the procedure of working; safety instructions; wearing the
personal dosimeters; use of personal labor protective instruments; use of
radiation test equipment; notification with the responsible persons when having
abnormal phenomenon may cause insecurity;
e) Radiological workers failing to implement or
implement insufficiently the radiation safety regulations, the procedure of
working;
g) Failing to appoint a person in charge of safety
according to regulations;
h) Failing to organize the training of radiation
and nuclear safety for radiological workers according to regulations;
i) Failing to have the procedures for running,
using, storing, preserving and repairing radiation equipment, radioactive
sources; procedures are not attached at the prescribed places;
k) Using under-18 persons to do related-radiation
works;
l) Letting the under-18 apprentices using radiation
sources to work in control areas, supervision areas without guidance of
specialized officers;
m) Failing to organize annual health examination
for radiological workers according to regulations.
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SECTION 3. ADMINISTRATIVE
VIOLATIONS REGARDING SECURITY OF RADIOACTIVE SOURCES, NUCLEAR MATERIALS,
NUCLEAR EQUIPMENT
Article 28. Violating the
provisions on security of radioactive sources when using, storing radioactive
sources at the security level A
1. A fine of between VND 4,000,000 and 8,000,000
for act of failing to formulate or failing to perform one of the following
procedures:
a) Ensuring the security of radioactive sources during and outside working hours;
b) Activities of guarding forces;
c) Response to accidents causing insecurity of
radioactive sources;
d) Controlling the persons going in and out the
area of security control;
dd) Management of locks and keys.
2. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
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b) Failing to install equipment for detecting,
warning the approach without permission in the area for security control and
rooms where radioactive sources are laid;
c) Failing to install locks for gates of the area
for security control; failing to install locks for gates of rooms where
radioactive sources are laid;
d) Failing to tally radioactive sources everyday;
dd) Failing to have written permission of heads of
facilities or the authorized persons, failing to have the minutes of handing
over when transferring radioactive sources in internal scope of facilities;
e) Failing to organize the safeguarding force for
supervising equipment of observation, detecting, warning in the area for
security control; failing to organize the responding force for timely
preventing the acts of approaching to radioactive sources without permission.
3. A fine of between VND 7,000,000 and 14,000,000
for one of the following acts:
a) Failing to have measures to timely respond, investigate
causes, and find out remedy measures when happening case of approaching to
radioactive sources without permission;
b) Failing to report to competent state agencies
within 05 working days, from the day of happening case which the radioactive
sources are approached without permission;
4. A fine of between VND 8,000,000 and 16,000,000
for one of the following acts when storing radioactive sources at the security
level A:
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b) Failing to store radioactive sources in the
containing equipment, or protective vases with locks; failing to apply measures
to limit ability of moving radioactive sources.
Article 29. Violating the
provisions on security of radioactive sources when using fixed radioactive
sources, radioactive sources used in radiotherapy at high-dose pressure at the
security level B
1. A fine of between VND 3,000,000 and 6,000,000
for act of failing to formulate or failing to perform one of the following
procedures:
a) Ensuring the security of radioactive sources
during and outside working hours;
b) Response to accidents causing insecurity of
radioactive sources;
c) Controlling the persons going in and out the
area of security control;
d) Management of locks and keys.
2. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
a) Failing to setup an area for security control;
failing to provide security instructions at area for security control of
radioactive sources;
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c) Failing to tally radioactive sources every week;
d) Failing to have written permission of heads of
facilities or the authorized persons, failing to have the minutes of handing
over when transferring radioactive sources in internal scope of facilities;
dd) Failing to organize the safeguarding force for
supervising the area of security control; failing to organize the responding
force for timely preventing the acts of approaching to radioactive sources
without permission.
3. A fine of between VND 6,000,000 and 12,000,000
for one of the following acts:
a) Failing to have measures to timely respond,
investigate causes, and find out remedy measures when happening case which the
radioactive sources are approached without permission;
b) Failing to report to competent state agencies
within 05 working days, from the day of happening case which the radioactive
sources are approached without permission;
Article 30. Violating the
provisions on security of radioactive sources when using the movable
radioactive sources at the security level B
1. A fine of between VND 3,000,000 and 8,000,000
for act of failing to formulate or failing to perform the procedure for
managing locks and keys of warehouses protecting radioactive sources.
2. A fine of between VND 4,000,000 and 8,000,000
for one of the following acts:
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b) Failing to have written permission of heads of
facilities or the authorized persons, failing to have the minutes of handing
over when transferring radioactive sources among units in a same facility;
c) Failing to tally radioactive sources after every
working shift; failing to tally radioactive sources every week;
d) Failing to make barriers, failing to appoint
supervisors continuously at area where conducting radiation jobs;
dd) Failing to install security locks at area where
storing radioactive sources;
e) Failing to organize the responding force to
timely prevent acts of approaching to radioactive sources without permission at
construction site;
g) Failing to assign persons responsible for
ensuring security of radioactive sources when using at construction site.
3. A fine of between VND 6,000,000 and 12,000,000
for one of the following acts:
a) Failing to have measures to timely respond,
investigate causes, and find out remedy measures when happening case which the
radioactive sources are approached without permission;
b) Failing to report to competent state agencies
within 05 working days, from the day of happening case which the radioactive
sources are approached without permission;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 3,000,000 and 6,000,000
for act of failing to formulate or failing to perform one of the following procedures:
a) Ensuring the security of radioactive sources
during and outside working hours;
b) Response to accidents causing insecurity of
radioactive sources;
c) Controlling the persons going in and out the
area of security control with the aim to timely detect and prevent anybody
going out or entering the area without permission;
d) Management of locks and keys.
2. A fine of between VND 5,000,000 and 8,000,000
for one of the following acts:
a) Failing to provide separate warehouses for
storing radioactive sources;
b) Failing to store radioactive sources in the
containing equipment, or protective vases with locks; failing to apply measures
to limit ability of moving radioactive sources;
c) Failing to install security locks at gate of
warehouses storing radioactive sources;
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dd) Failing to have written permission of heads of
facilities or the authorized persons, failing to have the minutes of handing
over when transferring radioactive sources in internal scope of facilities;
e) Failing to make warehouse book to control the
warehousing and ex-warehousing of radioactive sources from warehouses;
g) Failing to organize the safeguarding force for
supervising the warehouse area for storing radioactive sources; failing to
organize the responding force for timely preventing the acts of approaching to
radioactive sources without permission.
Article 32. Violating the
provisions on security of radioactive sources when using, storing radioactive
sources at the security level C
1. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts when using radioactive sources installed
permanently at the security level C:
a) Failing to setup an area for security control
around place the radioactive sources are laid; failing to provide security
instructions at area for security control of radioactive sources;
b) Failing to make metal cage with protective lock
for box containing radioactive sources;
c) Failing to tally radioactive sources monthly;
d) Failing to formulate or failing to perform the
control procedures for persons going out and in the area of security control;
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e) Failing to have written permission of heads of
facilities or the authorized persons, failing to have the minutes of handing
over when transferring radioactive sources in internal scope of facilities;
2. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts when using radioactive sources installed
permanently at the security level C:
a) Failing to have measures to timely respond,
investigate causes, and find out remedy measures when happening case of
approaching to radioactive sources without permission;
b) Failing to report to competent state agencies
within 05 working days, from the day of happening case when radioactive sources
are approached without permission;
3. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts when using the movable radioactive sources at the
security level C:
a) Failing to make barriers, failing to appoint
supervisors continuously at area where conducting radiation jobs;
b) Failing to install security locks at area where
storing radioactive sources;
c) Failing to formulate or failing to perform the
procedures for managing locks and keys;
d) Failing to organize the responding force to
timely prevent acts of approaching to radioactive sources without permission at
construction site;
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4. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts when using the movable radioactive sources at the
security level C:
a) Failing to have measures to timely respond,
investigate causes, and find out remedy measures when happening cases of
approaching to radioactive sources without permission;
b) Failing to report to competent state agencies
within 05 working days, from the day of happening case which radioactive
sources are approached without permission;
5. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts when storing radioactive sources at the security
level C:
a) Failing to install security locks for gates of
warehouses storing radioactive sources; failing to formulate or failing
to perform the procedures for managing locks and keys;
b) Failing to tally radioactive sources monthly;
c) Failing to have written permission of heads of facilities
or the authorized persons, failing to have the minutes of handing over when
transferring radioactive sources in internal scope of facilities;
d) Failing to make warehouse book to control the
warehousing and ex-warehousing of radioactive sources from warehouses;
dd) Failing to organize the safeguarding force for
supervising in case where the warehouse area for storing radioactive sources
are approached without permission; failing to organize the responding force for
timely preventing the acts of approaching to radioactive sources without
permission.
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g) Failing to store radioactive sources in the
containing equipment, or protective vases with locks; failing to apply measures
to limit ability of moving radioactive sources.
Article 33. Violating the
provisions on security of radioactive sources when using, storing radioactive
sources at the security level D
A fine of between VND 3,000,000 and 6,000,000 for
act of failing to tally annually when using or storing radioactive sources at
the security level D.
Article 34. Violations
relating to the radioactive sources, that are appropriated, lost, illegally
used or transferred; losing radioactive sources
1. A fine of between VND 3,000,000 and 6,000,000
for failing to inform competent state agencies within 24 hours when radioactive
sources are discovered appropriated, lost, illegally used or transferred, or
unreported.
2. A fine of between VND 6,000,000 and 10,000,000
for failing to inform competent state agencies within 24 hours when radioactive
sources under violator’s management are discovered, appropriated, lost.
3. A fine of between VND 7,000,000 and 14,000,000
for failing to take necessary measures for reclaiming radioactive sources that
are appropriated, lost, transferred or used illegally.
4. A fine of between VND 6,000,000 and 10,000,000
for losing radioactive sources at security level D during management and use.
5. A fine of between VND 10,000,000 and 20,000,000
for losing radioactive sources at security level C during management and use.
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7. A fine of between VND 30,000,000 and 50,000,000
for losing radioactive sources at security level C during management and use.
8. The additional sanctioning forms:
Deprive of the right to use the license for
carrying out radiation jobs from 01 month to 03 months, for violations
specified in Clauses 4, 5, 6 and 7 of this Article.
9. Remedial measures:
Forcibly finding the radioactive sources;
decontaminating the contaminated areas to meet national technical regulations
on environment, for violations specified in Clauses 5, 6 and 7 of this Article.
Article 35. Violations
relating to the nuclear materials, and nuclear equipment, that are
appropriated, lost, illegally used or transferred; losing nuclear materials,
and nuclear equipment
1. A fine of between VND 10,000,000 and 20,000,000 for
failing to inform competent state agencies within 24 hours when nuclear
materials, and nuclear equipment are discovered appropriated, lost, illegally
used or transferred, or unreported.
2. A fine of between VND 15,000,000 and 30,000,000
for failing to inform competent state agencies within 24 hours when nuclear
materials, and nuclear equipment under violator’s management are discovered
appropriated, lost.
3. A fine of between VND 40,000,000 and 80,000,000
for failing to take necessary measures for reclaiming nuclear materials, and
nuclear equipment that are appropriated, lost, transferred or used illegally.
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5. The additional sanctioning forms:
Deprive of the right to use license for carrying
out radiation jobs from 01 month to 03 months, for violations specified in
Clause 4 of this Article.
6. Remedial measures:
Forcibly finding and gathering nuclear materials,
and nuclear equipment; forcible decontamination of the contaminated areas to
meet national technical regulations on environment, for violations specified in
Clause 4 of this Article.
Article 36. Violating the
provisions on protection for nuclear reactor area
1. A fine of between VND 30,000,000 and 50,000,000
for failing to strictly control people entering and leaving nuclear reactor
areas.
2. A fine of between VND 50,000,000 and 100,000,000
for failing to establish restricted areas and protection areas around nuclear
reactors, or such areas are not safe enough.
3. A fine of between VND 100,000,000 and
200,000,000 for failing to provide protection for nuclear reactors according to
the laws on important constructions relating to national security.
Article 37. Violating the
provisions on nuclear control
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a) Failing to submit the design dossier of
facilities to competent state agencies before putting nuclear materials or
source nuclear materials into facilities or before having changes in the design
dossier;
b) Failing to store dossiers of accounting nuclear
during time which the source nuclear materials, nuclear materials are contained
at facilities.
2. A fine of between VND 200,000,000 and
400,000,000 shall be imposed for organizations conducting one of the following
acts when managing, using nuclear facilities defined in Clause 1 of this
Article:
a) Failing to make accounting nuclear or failing to
report on nuclear accounting results at the request of competent state
agencies;
b) Failing to perform measures to supervise the
source nuclear materials or nuclear materials.
3. A fine of between VND 50,000,000 and 80,000,000
shall be imposed for organizations conducting one of the following acts when
using, storing nuclear materials, source nuclear materials with volume of equal
to or more than 0.001 kilogram enriched uranium, 0.001 kilogram plutonium,
10kilogram depleted uranium, 1 kilogram nature uranium or 1 kilogram thorium
although they are not nuclear facilities as defined in Clause 1 of this
Article:
a) Failing to report information on using, place of
using nuclear materials or source nuclear materials or any change about this
information to competent state agencies;
b) Failing to perform provisions in point a, point
b Clause 1, point a Clause 2 of this Article.
4. The additional sanctioning forms:
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Article 38. Violations of
appropriating, sabotaging, illegally transfer and using radioactive sources,
nuclear materials, and nuclear equipment; infringing the works, devices and
vehicles serving the atomic energy safety and security
1. A fine of between VND 50,000,000 and 100,000,000
for one of the following acts:
a) Infringing works, devices and vehicles serving
the atomic energy safety and security;
b) Appropriating, sabotaging, illegally transfer or
using radioactive sources;
c) Providing untrue information about nuclear
accidents.
2. A fine of between VND 500,000,000 and
1,000,000,000 for appropriating, sabotaging, illegally transfer or using source
nuclear materials, nuclear materials, or nuclear equipment.
3. The additional sanctioning forms:
Expulsion for foreigners conducting violations
specified in Clause 2 of this Article.
SECTION 4. ADMINISTRATIVE
VIOLATIONS AGAINST ACTIVITIES OF SUPPORTING THE APPLICATION OF ATOMIC ENERGY,
AND VIOLATIONS ON OBSTRUCTING ACTIVITIES IN INSPECTION AND EXAMINATION
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1. A fine of between VND 5,000,000 and 10,000,000
for providing support service for the application of atomic energy
inconsistently with the content already registered with and approved by
competent state agencies.
2. A fine of between VND 7,000,000 and 15,000,000
for failing to register service of providing support for the application of
atomic energy according to regulations.
3. The additional sanctioning forms:
Depriving the right to use the registration license
for providing support service for the application of atomic energy from 01
month to 03 months, for the violations specified in Clause 1 of this Article.
Article 40. Violating the
provision on the practice certificate of providing support service for the
application of atomic energy
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for individuals operating independently in providing support
service for the application of atomic energy without the practice certificates
of support service for the application of atomic energy.
2. A fine of between VND 8,000,000 and 15,000,000
shall be imposed for organizations practicing in support service for the
application of atomic energy without sufficiency of person quantity possessing
the practice certificates of support service for the application of atomic
energy according to regulations.
Article 41. Other violations
in support service for the application of atomic energy
1. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts:
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b) Failing to have a process when measuring,
examining radioactive sources, and radiation equipment;
c) Failing to comply with the process which has
been appraised by competent state agencies;
d) Failing to send result of personal dose
recording in the prescribed deadline;
dd) To be lack one of contents: name, address of
organization carrying out the radiation jobs; name of person who is recorded
dose; duration of measurement; measured value of dose, measurement unit;
certification of agency providing service, in result slip of measuring personal
dose;
e) Recording insufficient and incorrect information
in: minutes of examining quality, minutes of calibrating radiation equipment,
nuclear equipment, equipment to record and measure radiation; minutes of
radiation examination at the working area, safety assessment, assessment and
verification for radiation technology, nuclear technology;
g) Failing to provide instructions in writing for clients
using the personal dose according to regulations.
2. A fine of between VND 4,000,000 and 5,000,000
for one of the following acts:
a) Failing to setup the control area, supervision
area, and the restrained area when conducting test, calibration for radiation
measurement equipment and radiological equipment, nuclear equipment;
decontamination, installment of radioactive sources;
b) Failing to report to competent state agencies in
case where radiological workers are irradiated overdose;
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d) Failing to enter data of personal occupational
doses into national database of occupational exposure according to regulations;
3. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
a) Providing the results which are inaccurate and
not ensured quality;
b) Using equipment not appropriate, not meeting
standards used in the support service for the application of atomic energy;
c) Impacting on radiation equipment to run at
variance with the operational principle set by producers;
d) Granting certificate of safety examination when
the safety conditions are not satisfied.
4. Depriving the right to use the registration
license for providing support service for the application of atomic energy from
06 month to 12 months, in case of repeating many times one of violations
specified in points a,b, c, and d Clause 3 of this Article.
5. Remedial measures:
a) Forcible access of data on personal occupational
exposure doses into the national database on occupational exposure, for
violation in point d Clause 2 of this Article;
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c) Forcible revocation of the granted certificates
of safety examination, for violation specified in point d, Clause 3 of this
Article.
Article 42. Acts of
obstructing activities in inspection and examination
1. A warning or fine of between VND 500,000 and
1,000,000 for failing to provide, or insufficiently and unpunctually the
information and documents relating to the inspection, examination at the
request of competent state agencies, except for the cases in Clause 5 of this
Article.
2. A fine of between VND 3,000,000 and 6,000,000
for providing dossiers, documents, information about radioactive sources,
radiation equipment, nuclear materials, nuclear equipment or other information
about radiation and nuclear safety, which are untrue, for the inspection and
examination delegations, competent state agencies.
3. Depriving the right to use the license for doing
radiation jobs, registration license for providing support service for the
application of atomic energy, certificate for practicing support service for
the application of atomic energy from 06 month to 12 months, in case of
violating the provision in Clause 2 of this Article and cause serious
consequences.
4. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
a) Insulting or threatening the duty officers;
b) Dodging, obstructing, or delaying the
fulfillment of the content, request, proposal of the persons competent to
inspection, examination or decisions on inspection, examination in radiation
and nuclear safety;
c) Arbitrarily breaking the sealing, changing the
position, trace of sealing for radioactive sources, radiation equipment when
they are impounded or made sealing by inspection agencies.
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6. A fine of between VND 20,000,000 and 40,000,000
for one of the following acts:
a) Failing to cooperate with competent state
agencies in inspection of dismantling, decontaminating or treating nuclear
fuel, nuclear equipment, and radioactive waste;
b) Dodging, delaying, obstructing, failing to
cooperate with competent state agencies in the inspection on the spot of the
adherence to the approved designed.
Chapter 3.
THE SANCTIONING
COMPETENCE
Article 43. The sanctioning
competence of science and technology inspectors
1. Inspectors specialized in science and
technology, persons assigned to execute task of inspection in radiation and
nuclear safety on duty are entitled to:
a) Warning;
b) Impose fines of up to VND 500,000;
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2. Chief inspectors of Services of Science and
Technology, Chief inspectors of the Department of Radiation Safety and Nuclear,
Heads of specialized inspection delegations of Services of Science and
Technology, Heads of specialized inspection delegations of the Department of
Radiation Safety and Nuclear are entitled to:
a) Warning;
b) Impose fines of up to VND 50,000,000;
c) Deprive the right to use licenses and practice certificates
relating to atomic energy for a defined term; terminate operation for a defined
term;
d) Confiscate the material evidences and means of
administrative violations valued not exceeding the fine level specified in
point b of this Clause;
dd) Applying remedial measures specified in Article
3 of this Decree.
3. Heads of specialized delegations of the Ministry
of science and technology are entitled to:
a) Warning;
b) Impose fines of up to VND 250,000,000;
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d) Confiscate the material evidences and means of
administrative violations valued not exceeding the fine level specified in
point b of this Clause;
dd) Applying remedial measures specified in Article
3 of this Decree.
4. The Chief Inspector of Ministry of science and
technology, Director of the Department of Radiation Safety and Nuclear are
entitled to:
a) Warning;
b) Impose fines of up to VND 1,000,000,000;
c) Deprive the right to use licenses and practice
certificates relating to atomic energy for a defined term; terminate operation
for a defined term;
d) Confiscate the material evidences and means of
administrative violations;
dd) Applying remedial measures specified in Article
3 of this Decree.
Article 44. The competence of
chairperson of People’s Committees at all levels to sanction administrative
violations
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a) Warning;
b) Impose fines of up to VND 50,000,000;
c) Deprive the right to use licenses and practice
certificates relating to atomic energy for a defined term; terminate operation
for a defined term;
d) Confiscate the material evidences and means of
administrative violations valued not exceeding the fine level specified in
point b of this Clause;
dd) Applying remedial measures specified in Article
3 of this Decree, except for measure of re-export specified in Clause 4 Article
3 of this Decree.
2. Chairpersons of provincial People’s Committees
are entitled to:
a) Warning;
b) Impose fines of up to VND 1,000,000,000;
c) Deprive the right to use licenses and practice
certificates relating to atomic energy for a defined term; terminate operation
for a defined term;
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dd) Applying remedial measures specified in Article
3 of this Decree.
Article 45. The sanctioning
competence of the People’s Public Security, Customs and other specialized
Inspectorates
1. The persons competent to sanction of Public
Security agencies are entitled to examine, make minutes of administrative
violation, sanction administratively and apply remedial measures for
administrative violations specified in this Decree and belonging to their
management fields as prescribed in Article 39 and Article 52 of the Law on
handling of administrative violations.
2. The persons competent to sanction of Customs
agencies are entitled to examine, make minutes of administrative violation,
sanction administratively and apply remedial measures for administrative
violations specified in this Decree, related to export and import of goods,
services related to export and import of goods, and belonging to their
management fields as prescribed in Article 42 and Article 52 of the Law on
handling of administrative violations.
3. The persons competent to sanction of other
specialized Inspection agencies are entitled to examine, make minutes of
administrative violation, sanction administratively and apply remedial measures
for administrative violations specified in this Decree and belonging to their
management fields or sectors as prescribed in Article 46 and Article 52 of the
Law on handling of administrative violations.
Article 46. Competence to make
minutes of administrative violations
The titles specified in Articles 43, 44, 45 of this
Decree, and civil servants, public employees on duty are entitled to make
minutes of administrative violations, when detecting administrative violations
in atomic energy, according to regulations.
Chapter 4.
PROVISIONS OF
IMPLEMENTATION
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1. This Decree takes effect on November 15, 2013.
2. The Government’s Decree No. 111/2009/ND-CP,
dated December 11, providing on sanctioning of administrative violations in atomic
energy shall cease to be effective on the effective date of this Decree;
Article 48. Transitional
provisions
For administrative violations in atomic energy
happening before July 01, 2013, then detected or currently being considered and
handled, provisions beneficial for infringing organizations and individuals
will be applied.
Article 49. Responsibilities
for guiding and implementing Decree
1. The Minister of science and technology shall
guide and organize implementation of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the chairpersons of the People’s Committees of the provinces and
centrally-run cities shall implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung