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GOVERNMENT
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
71/2026/ND-CP
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Hanoi,
March 09, 2026
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON ATOMIC ENERGY
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on Penalties
for Administrative Violations No. 15/2012/QH13; Law amending the Law on
Penalties for Administrative Violations No. 67/2020/QH14; Law amending the Law
on Penalties for Administrative Violations No. 88/2025/QH15;
Pursuant to Law on
Identification No. 94/2025/QH15;
Pursuant to Decree No.
332/2025/ND-CP of the Government on elaboration on and implementation measures of
certain articles of the Law on Atomic Energy concerning assurance of radiation
safety, nuclear safety, nuclear security, nuclear inspection, notification,
declaration, licensing, inspection and examination of radiation and nuclear
safety, response to radiation incidents, and compensation for nuclear damage;
Pursuant to Decree No.
316/2025/ND-CP on elaboration on certain articles and implementation measures
of certain articles of the Law on Atomic Energy regarding nuclear power plants
and research reactors;
At the request of the Ministry
of Science and Technology;
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Chapter I
GENERAL REGULATIONS
Article 1.
Scope
1. This Decree provides for
administrative violations; penalties, fines, remedial measures; authority for
making records of administrative violations; execution of administrative
penalties and remedial measures for violations against regulations on atomic
energy.
2. Violations against regulations
on atomic energy are wrongful acts committed by organizations or individuals
that violate laws on state management of atomic energy, which are not crimes
and, according to the law, must be subject to administrative penalties.
3. Other Decrees on penalties for
corresponding administrative violations shall apply to administrative
violations against regulations on atomic energy and other administrative
violations against regulations on state management related to atomic energy
that are not provided for in this Decree.
Article 2.
Regulated entities
1. Vietnamese organizations and
individuals, and foreign organizations and/or individuals (hereinafter
collectively referred to as organizations and/or individuals) committing
administrative violations against regulations on atomic energy specified in
herein within the territory of the Socialist Republic of Vietnam.
2. Organizations subject to
penalties for committing administrative violations against regulations on
atomic energy specified in Clause 1 of this Article include:
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b) Cooperatives and unions of
cooperatives established in accordance with the Law on Cooperatives;
c) State authorities committing
violations that are not related to assigned state management tasks;
d) Political and social organizations,
political and social professional organizations, social organizations, social
professional organizations;
dd) Public service providers;
e) Foreign agencies and
organizations with operations related to atomic energy within the territory of
the Socialist Republic of Vietnam;
g) Other organizations established
under the law.
3. Households and household
businesses that commit administrative violations specified herein shall be
subject to penalties like individual offenders.
4. Other agencies, organizations,
and individuals involved in imposition of administrative violations in
accordance with this Decree.
Article 3.
Forms of administrative penalties, remedial measures; execution of forms of
administrative penalties, remedial measures in the field of atomic energy
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a) Warning;
b) Fines.
2. Depending on the nature and
severity of the violation, organizations and individuals committing
administrative violations against regulations on atomic energy may also be
subject to the following additional penalties:
a) Suspension of license to conduct
radiation work; nuclear power plant construction permit, research reactor
construction permit; certificate of registration of services supporting the
application of atomic energy or operation suspension;
Confiscation of exhibits and/or
instrumentalities used in the commission of administrative violations;
c) Expulsion.
3. In addition to the remedial
measures stipulated in points a, c, d, e, h, and i of Clause 1 of Article 28 of
the Law on Penalties for Administrative Violations, this Decree provides for
other remedial measures applicable to the acts specified in Chapter II,
including:
a) Enforced implementation of
measures to ensure radiation safety, radioactive source security, nuclear
safety, and nuclear security;
b) Enforced organization of medical
examinations and health monitoring for employees whose exposure doses exceed
the dose limit;
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d) Enforced decontamination of
radioactive contaminated areas contaminated to meet national environmental
technical standards;
d) Enforced inspection of medical
diagnostic X-ray devices, radiotherapy equipment, and nuclear devices;
e) Enforced search and recovery of
lost or spilled radioactive materials for safe and secure management;
g) Enforced removal from the
territory of the Socialist Republic of Vietnam or re-export of radioactive
materials, irradiated consumer goods, nuclear devices, and radioactive waste;
h) Enforced search and recovery of
radioactive sources for safe and secure management;
i) Enforced implementation of
measures to minimize negative impacts on the environment;
Enforced search and recovery of
nuclear materials, nuclear fuel, spent nuclear fuel, and nuclear devices are
managed to ensure safety and security.
l) Enforced return of stolen
nuclear materials, fuel, or devices;
m) Enforced provision and updating
of complete and accurate information and data from site surveys and
assessments;
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o) Enforced provision and updating
of complete and accurate information and data;
p) Enforced repair, renovation, or
replacement of structures, systems, or components that do not conform to the
design or do not ensure radiation safety or nuclear safety;
a) Enforced implementation of
radiation safety inspections, tests, and nuclear safety assessments;
r) Enforced demolition of part or
all of the infringing structure, system, or component in cases where remedial measures
are not feasible;
s) Enforced environmental radiation
monitoring in the affected area and report on monitoring results to the
competent state authority;
t) Enforced organization of health
check-ups for workers and residents in the area affected by the incident;
u) Enforced input of occupational
exposure dose data, updating information on training activities, list of
instructors, trainees, number of trainees, and type of training certificate.
4. The execution of penalties and
remedial measures:
a) The procedures for imposing
penalties and execution of decisions on administrative penalties shall be
carried out in accordance with Section 1, Section 2 of Chapter III of Part Two
of the Law on Penalties for Administrative Violations and Articles 16, 19, 20,
and 22 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government,
elaborating the Law on Penalties for Administrative Violations, amended by
Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government, and Decree No.
190/2025/ND-CP dated July 1, 2025 of the Government;
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c) If the license to conduct
radiation work granted to a facility includes multiple radioactive sources,
radiation devices, or irradiation devices, the additional penalty of suspension
of the permit shall be applied to the radioactive source, radiation device, or
irradiation device that the facility used to commit the violation;
d) The implementation of remedial
measures specified herein, corresponding to the measures stipulated in points
a, c, d, e, h, and i of Clause 1 of Article 28 of the Law on Penalties for
Administrative Violations, shall be carried out in accordance with Articles 29,
31, 32, 34, 36, and 37 of the Law on Penalties for Administrative Violations;
d) For violations subject to
remedial measures as prescribed in points m, o, and u of Clause 3 of this
Article, the violating organization or individual must conduct one or more of
the following: provide and update relevant information and data fully,
accurately, and on time as required;
e) For violations subject to
remedial measures as prescribed in point a of clause 3 of this Article, the
violating organization or individual must immediately develop and implement
technical, organizational, and management measures to ensure safety and
security as prescribed;
g) For violations subject to
remedial measures as prescribed in points b and t of Clause 3 of this Article,
the violating organization or individual must organize health examinations and
medical monitoring for workers and citizens at qualified medical facilities as
prescribed;
h) For violations subject to
remedial measures as prescribed in point c of clause 3 of this Article, the
violating organization or individual must recover, manage, and store
radioactive substances and radioactive contaminated objects in a manner that
ensures safety and security as prescribed;
h) For violations subject to
remedial measures as prescribed in point d of clause 3 of this Article, the
violating organization or individual must implement appropriate technical
measures to ensure that the radioactive contaminated area is decontaminated to
meet national environmental technical standards as prescribed;
k) For violations subject to
remedial measures as prescribed in point dd of clause 3 of this Article, the
violating organization or individual must have the equipment inspected by a
qualified inspection organization and may only continue to use it when the
inspection results meet the requirements as prescribed;
l) For violations subject to
remedial measures as prescribed in points e, h, and k of Clause 3 of this
Article, the violating organization or individual must organize the search for
and recovery of lost or spilled radioactive materials, radioactive sources,
nuclear materials, nuclear fuel, spent nuclear fuel, and nuclear devices for
safe and secure management as prescribed;
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n) For violations subject to
remedial measures as prescribed in point l of clause 3 of this Article, the
violating organization or individual must return all the stolen nuclear
materials, fuel, or nuclear devices in their original condition as prescribed;
o) For violations subject to
remedial measures as prescribed in point n of clause 3 of this Article, the
violating organization or individual must recover, cancel, or adjust the
service results that do not meet the requirements as prescribed;
p) For violations subject to
remedial measures as prescribed in points p and r of Clause 3 of this Article,
the violating organization or individual must repair, renovate, replace, or
demolish the part or the entire structure, system, or component that is
non-compliant to ensure compliance with the approved design and requirements
for radiation safety, nuclear safety, and nuclear security as prescribed;
q) For violations subject to remedial
measures as prescribed in point q of clause 3 of this Article, the violating
organization or individual must organize inspection, testing, and safety
assessment as prescribed;
r) For violations subject to
remedial measures as prescribed in point s of clause 3 of this Article, the
violating organization or individual must conduct environmental radiation
monitoring as prescribed;
s) The illegal profits obtained
from committing administrative violations prescribed herein, in the case of
misuse of funds that are supposed to be allocated for the termination of
operation of nuclear power plants and research reactors, is the entire value of
the funds that were misused.
In cases where funds misused are
used to acquire objects, money, valuable papers, or other assets, the amount of
illegal profit shall be determined according to the corresponding value of
those objects, money, valuable papers, or assets; the value shall be determined
at the time the violation is discovered if the object or asset still exists, or
at the time of transfer if the object or asset has been transferred as
prescribed;
t) When the competent authority
decides to apply one or more remedial measures, it must state this in the
administrative penalty decision and shall supervise the implementation of the
remedial measures;
u) In cases where an organization
or individual subject to a administrative penalty does not voluntarily comply
with the penalty decision or voluntarily reimburse the costs incurred by the
agency implementing remedial measures, the administrative penalty decision
shall be enforced in accordance with the Law on Penalties for Administrative
Violations and other relevant laws; the enforcement costs and remedial costs
shall be borne by the violating party.
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1. The maximum fine for violations
against regulations on atomic energy is VND 1.000.000.000 for individuals and
VND 2.000.000.000 for organizations.
2. The fine level imposed by the
title holders prescribed in Chapter II hereof shall apply to administrative
violation committed by individuals, except for Clauses 4 and 5 of Article 7;
Clauses 4, 6, 7, 8, 9, and 10 of Article 8; Clauses 4 and 5 of Article 10;
Clauses 3, 4, 5, 6, and 7 of Article 16; and the regulations in Section 4 of
Chapter II hereof. For organizations committing the same violations, the fines
shall be twice the amount of the fines imposed on individuals.
3. The penalties imposed for
administrative violations prescribed from Article 46 to 52 hereof are those
imposed for administrative violations committed by individuals. In case of
fines, the fine imposed upon an organization for the same violation is twice as
much as that imposed upon an individual by the same title holder.
4. Ended or in-progress
administrative violations against regulations on atomic energy:
The acts specified in points a and
c of clause 3, clause 4 and clause 5 of Article 5; points a, e, and i of clause
5 of Article 8; Article 16; point b of clause 1, point a of clause 2, clause 3
and clause 5 of Article 18; points c and d of clause 1 and clause 5 of Article
19; clauses 2 and 3 of Article 21; clauses 3 and 4 of Article 24; point d of
clause 1 of Article 29; point c of clause 1 of Article 37; point a of clause 1
of Article 41; point a of clause 3 and point b of clause 4 of Article 42; and
point d of clause 2 of Article 45 hereof are deemed ended administrative
violations. The end time of the violation is the time when the organization or
individual completes the deadline for fulfilling their obligations and
responsibilities as prescribed;
b) The acts specified in point b,
clause 1; points d and g, clause 5 of Article 8; clause 1, points a, b, c, and
d, clause 2 of Article 10; Article 11; clauses 1 and 2 of Article 13; points a
and i, clause 1 of Article 19; points a, b, and c, clause 1 of Article 26;
point a, clause 1 of Article 37; clause 2 of Article 38; and clause 1 of
Article 39 of this Decree are deemed in-progress administrative violations. The
statute of limitation begins from the time the violation is detected;
c) Except for the acts specified in
points a and b of this clause, for other acts specified herein, the statute of
limitation for penalty imposition shall be determined by the competent
authority in accordance with the Law on Penalties for Administrative
Violations.
Chapter II
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, FINE
LEVELS, AND REMEDIAL MEASURES
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Article 5.
Violations against regulations on declaration and licensing
1. A warning shall be imposed for
one of the following acts:
a) Failing to notify competent
authorities when planning to conduct radiation work as prescribed;
b) Failing to make declaration or
making inaccurate declaration of radiation devices to competent licensing
authorities, except for the acts specified in point a of clause 3 of this
Article;
c) Failing to make supplementary
declaration of radioactive sources and radiation devices to the licensing
authority when there are changes to the information compared to the application
for a license/permit as prescribed.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for repeating violations specified
in clause 1 of this Article.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Failing to make declaration or
making inaccurate declaration to the competent authority of radiation devices
when radioactive materials, irradiation equipment, or radiation sources are
present as prescribed;
b) Failing to make declaration to
the competent state authority of the use of radioactive sources in industrial
radiography as prescribed;
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4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Failing to declare radioactive
waste to the competent licensing authority, except in cases where radioactive
waste is generated from licensed radiation work;
b) Failing to declare to the
competent licensing authority of the spent radioactive sources as prescribed.
5. A fine of VND 30.000.000 to VND
60.000.000 shall be imposed for the act of failing to make declaration or make
declaration with incomplete information to the competent licensing authority of
the nuclear source materials, nuclear materials, nuclear devices, or spent
nuclear fuel as prescribed.
Article 6.
Violations against regulations on license to conduct radiation work
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license:
a) Using radiation devices without
a radioactive source, except for cases specified in point a, clause 14 of this
Article;
b) Changing the scale, scope of
operation, or terminating the operation of a radiation facility;
c) Importing radioactive substances
or radioactive sources;
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2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license but not
serious to an extent of being liable to criminal prosecution:
a) Using radioactive sources;
b) Storing radioactive sources or
spent radioactive sources.
3. The fines for the acts specified
in points a, c, and d of Clause 1 and Clause 2 of this Article, in cases where
radiation work is carried out with more than one radioactive source of
below-average danger according to the National Technical Standard on the
classification of radioactive sources or more than one radiation device without
a radioactive source attached, shall range:
a) From VND 30.000.000 to VND
40.000.000 in cases of violations involving 2 to less than 5 radioactive
sources or radiation devices without attached sources;
b) From VND 50.000.000 to VND
70.000.000 in cases of violations involving 5 to less than 10 radioactive
sources or radiation devices without attached sources;
c) From VND 80.000.000 to VND
110.000.000 in cases of violations involving 10 to less than 20 radioactive
sources or radiation devices without attached sources;
d) From VND 120.000.000 to VND
160.000.000 in cases of violations involving more than 20 radioactive sources
or radiation devices without attached sources;
4. The fine shall be 1,5 times the
amount of the fine for the acts specified in points c and d of Clause 1 and Clause
2 of this Article, and corresponding to the number of radioactive sources
specified in Clause 3 of this Article, in cases where the radioactive source
has an average level of danger according to the National Technical Standard on
the classification and categorization of radioactive sources.
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6. In cases where the acts
specified in points c and d of Clause 1 and Clause 2 of this Article involve
multiple radioactive sources with different levels of danger, the fine shall be
applied according to the number of each type of source as specified in Clauses
3, 4, and 5 of this Article.
7. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for transporting radioactive
sources, radioactive substances, or radioactive waste without a license or with
an expired license, but not serious to an extent of being liable to criminal
prosecution.
8. The fines for the acts specified
in Clause 7, in cases where radiation work is carried out with more than one
radioactive source of below-average danger according to the National Technical
Standard on the classification of radioactive sources or more than one radiation
device without a radioactive source attached shall range:
a) From VND 30.000.000 to VND
50.000.000 in cases of violations involving 2 to less than 5 radioactive
sources or radiation devices without attached sources;
b) From VND 80.000.000 to VND 100.000.000
in cases of violations involving 5 to less than 10 radioactive sources or
radiation devices without attached sources;
c) From VND 120.000.000 to VND
160.000.000 in cases of violations involving 10 to less than 20 radioactive
sources or radiation devices without attached sources;
d) From VND 240.000.000 to VND
300.000.000 in cases of violations involving more than 20 radioactive sources
or radiation devices without attached sources;
9. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clause 7 of this Article, and
corresponding to the number of radioactive sources specified in Clause 8 of
this Article, in cases where the radioactive source has an average level of
danger according to the National Technical Standard on the classification and
categorization of radioactive sources.
10. The fine shall be 02 times the
amount of the fine for the acts specified in Clause 7 of this Article, and
corresponding to the number of radioactive sources specified in Clause 8 of
this Article, in cases where the radioactive source has an above-average level
of danger according to the National Technical Standard on the classification
and categorization of radioactive sources.
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12. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for disposing of or burying
radioactive waste or spent radioactive sources without a license or with an
expired license as prescribed.
13. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for exploring for radioactive
minerals without a license or with an expired license, but not serious to an
extent of being liable to criminal prosecution:
14. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for conducting any of the
following radiation work without a license as prescribed or with an expired
license:
a) Operating irradiation devices
that are accelerator;
b) Extracting or processing
radioactive minerals.
15. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for conducting any of the following
radiation work without a license or with an expired license but not serious to
an extent of being liable to criminal prosecution:
a) Producing or processing
radioactive substances;
b) Operating irradiation devices
using radioactive sources;
c) Transporting radioactive
substances or radioactive waste in transit through the territory of the
Socialist Republic of Vietnam.
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a) From VND 70.000.000 to VND
90.000.000 in cases of violations involving 2 to less than 5 irradiation
devices;
b) From VND 100.000.000 to VND
140.000.000 in cases of violations involving 5 to less than 10 irradiation
devices;
c) From VND 150.000.000 to VND
200.000.000 in cases of violations involving more than 10 irradiation devices;
17. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for conducting any of the
following radiation work without a license as prescribed or with an expired
license:
a) Importing source nuclear
materials, nuclear materials, or nuclear devices;
b) Exporting source nuclear
materials, nuclear materials, or nuclear devices;
c) Disposing of or burying spent
nuclear fuel.
18. A fine ranging from VND
200.000.000 to VND 400.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license but not
serious to an extent of being liable to criminal prosecution:
a) Transporting source nuclear
materials, nuclear fuel, or spent nuclear fuel;
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c) Storing spent nuclear fuel.
19. Remedial measures:
a) Enforced implementation of
measures to ensure radiation safety, radioactive source security, nuclear
safety, and nuclear security as prescribed for the acts specified in Clauses 1,
2, 7, 12, 13, 14, 15, 17, and 18 of this Article;
b) Enforced removal from the
territory of the Socialist Republic of Vietnam or re-export of goods, items,
and means (that are radioactive sources, source nuclear materials, nuclear
fuel, or spent nuclear fuel) or implementation of management measures to ensure
safety and security in cases where it is impossible to remove them from the
territory of Vietnam for the acts specified in point c of Clause 1, point c of
Clause 15, point a of Clause 17, and point b of Clause 18 of this Article;
c) Enforced application of remedial
measures against environmental pollution for acts specified in point c of
clause 1, point c of clause 15, point a of clause 17, and point b of clause 18
of this Article in cases where such acts cause environmental radioactive
contamination exceeding the prescribed level.
Article 7.
Violations against regulations on amendment to and revocation of licenses;
conditions of licenses to conduct radiation work, nuclear power plant
construction permits, and research reactor construction permits
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Failing to follow the prescribed
procedures for amendment to license;
b) Failing to return the license in
case of license revocation.
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using radioactive sources,
radiation devices, or irradiation devices for purposes other than those
specified in the license to conduct radiation work, except for the cases
specified in point b of clause 1, and clause 3 of Article 18 hereof.
4. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for acts specified in point a of
clause 1 of this Article, for nuclear facilities that are nuclear power plants
or research reactors.
5. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for failing to fully satisfy
with the conditions in the nuclear power plant construction permit or research
reactor construction permit; the trial operation license for nuclear power
units or research reactors; the license to operate nuclear power plants and
research reactors; or the license to terminate operation of nuclear power
plants or research reactors, except for the acts specified in Articles 33, 34,
and 35 hereof.
6. Additional penalties:
Suspension of the license to
conduct radiation work of radiation establishments for 1 to 3 months for
violations under Clauses 6, 7, 8, and 11 hereof.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON RADIATION SAFETY AND PROTECTION
Article 8.
Violations against regulations on radiation dose control
1. A warning shall be imposed for
one of the following acts:
a) Failing to notify radiation
workers of the results of individual exposure dose assessments;
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2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for repeating violations specified
in clause 1 of this Article.
3. A fine ranging from VND
3.000.000 to VND 6.000.000 shall be imposed for one of the following acts:
a) Failing to report to the
competent state authority when an employee receives an exposure dose exceeding
the prescribed dose limit, except for acts specified in Clauses 6 and 9 of this
Article;
b) Failing to implement measures to
monitor exposure doses for apprentices involved in radiation work, students
using radioactive sources, or radiation devices during their studies as
prescribed.
4. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for acts specified in clause 1 of
this Article, for nuclear facilities that are research reactors.
5. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Allowing exposure doses to the
public or radiation workers to exceed the prescribed dose limits;
b) Failing to provide replacement
dosimeters for radiation workers as required;
c) Failing to equip a dosimeter for
each radiation worker; failing to provide a sufficient number of dosimeters as
required for those working with interventional radiology devices;
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dd) Failing to determine the cause
or implement corrective measures when radiation workers receive dose with
measurements exceeding the prescribed dose limit;
e) Allowing personnel involved in
responding to radiation or nuclear incidents to receive effective doses
exceeding the prescribed dose limit;
g) Failing to establish reference
dose levels and optimize the received dose to the lowest possible level while
still ensuring effective diagnosis for patients as prescribed;
h) Failing to provide adequate
information, safety measures, and radiation protection instructions to
caregivers and visitors before they enter the controlled area;
i) Allowing patients who have been
treated or diagnosed with radiopharmaceuticals to be discharged when the
activity of radioactive substances in their bodies exceeds the prescribed
level;
k) Allowing caregivers, assistants,
and visitors to receive doses exceeding the prescribed dose limit during
diagnosis, testing, or treatment with ionizing radiation or
radiopharmaceuticals;
l) Failing to establish or implement
a comprehensive quality assurance program for radiopharmaceutical diagnostic
and radiotherapy activities.
6. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for acts specified in clause 3 of
this Article, for nuclear facilities that are research reactors.
7. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for acts specified in clause 1 of
this Article, for nuclear facilities that are nuclear power plants.
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9. A fine ranging from VND
50.000.000 to VND 80.000.000 shall be imposed for acts specified in clause 3 of
this Article, for nuclear facilities that are nuclear power plants.
10. A fine ranging from VND
80.000.000 to VND 120.000.000 shall be imposed for acts specified in points a,
b, c, d, e, and f of Clause 5 of this Article, for nuclear facilities that are
nuclear power plants.
11. Remedial measures:
Enforced organization of medical
examinations and health monitoring for employees whose exposure doses exceed
the dose limit for the acts specified in point a of Clause 5, Clause 8, and
Clause 10 of this Article.
Article 9.
Violations against regulations on radiation dose control for radioactively
contaminated scraps
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to report to the
Department of Radiation and Nuclear Safety or the local Department of Science
and Technology when detecting radioactive substances or radioactively
contaminated objects mixed in scrap that are outside the control as prescribed.
2. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for failing to report to the
Department of Radiation and Nuclear Safety or the local Department of Science
and Technology when detecting radioactive substances or radioactively
contaminated objects mixed in scrap that are outside the control as prescribed.
3. Remedial measures:
a) Enforced recovery of radioactive
substances and/or radioactively contaminated objects for safe and secure
management for the acts specified in Clause 2 of this Article;
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Article 10.
Violations against regulations on controlled areas and supervised areas
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to equip radiation
warning lights or equipping radiation warning lights that are not functioning
as prescribed.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Failing to post radiation
warning signs in the controlled areas and supervised areas;
b) Failing to post regulations or
instructions on radiation safety, radiation protection, and radioactive source
security in the controlled areas and supervised areas;
c) Failing to develop procedures
for conducting radiation work, or failing to post procedures as prescribed;
d) Failing to implement measures to
supervise entry and exit from the controlled area;
dd) Having radiation workers who do
not comply with or inadequately comply with radiation safety regulations and
procedures for conducting radiation work;
e) Employing persons under 18 years
of age to perform radiation work;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to set up controlled
areas or supervised areas as prescribed, except for the cases specified in
points a, b, c, and d of Clause 2 of this Article.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for acts specified in clause 2 of
this Article, for nuclear facilities that are nuclear power plants.
5. A fine ranging from VND
35.000.000 to VND 45.000.000 shall be imposed for acts specified in clause 3 of
this Article, for nuclear facilities that are nuclear power plants.
Article 11. Violations
against regulations on surface radioactive contamination control in the
management and use of unsealed radioactive sources, and the production and
processing of radioactive materials
A fine ranging from VND 15.000.000
to VND 30.000.000 shall be imposed for one of the following acts:
1. Failing to use fume hoods or
glove boxes;
2. Failing to use decontaminable
materials for walls, floors, tabletops, and other radioactively contaminated
surfaces;
3. Failing to apply measures to
prevent the spread of radioactive contamination;
4. Failing to use a ventilation
system with radioactive material filters;
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6. Failing to equip or equip with
adequate equipment, devices, and tools to ensure radiation safety and prevent
radioactive contamination as prescribed.
Article 12.
Violations against regulations on calibration of radiation measuring devices,
workplace radiation monitoring, and inspection of radiation devices and nuclear
devices
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Using radiation measuring
devices that have not been calibrated as prescribed;
b) Using calibrated radiation
measuring devices but the calibration is not appropriate for the type of
radiation or does not meet the required technical specifications.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to conduct workplace
radiation monitoring as required.
3. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for using medical diagnostic
X-ray devices that has not been inspected as prescribed.
4. A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for operating an accelerator or
radiotherapy device that has not been inspected as prescribed.
5. A fine ranging from VND
35.000.000 to VND 50.000.000 shall be imposed for using nuclear devices that
have not been inspected as prescribed.
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7. Additional penalties:
Suspension of operation of
organizations and individuals using medical diagnostic X-ray devices, operating
radiotherapy devices, or using nuclear devices for 1 to 2 months for committing
the acts specified in Clauses 3, 4, and 5 of this Article.
8. Remedial measures:
Enforced inspection of medical
diagnostic X-ray devices, radiotherapy devices, and nuclear devices as
prescribed for the acts specified in Clauses 3, 4, and 5 of this Article;
Article 13.
Violations against regulations on personal protective equipment and radiation
measuring devices
1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for failing to equip or adequately
equip personal protective equipment as prescribed, except for the acts
specified in Clause 2 of this Article.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to equip or adequately
equip personal protective equipment as prescribed in the case of using
interventional radiology devices, using radioactive sources in nuclear
medicine, or conducting well logging exploration.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to equip or maintain
radiation measurement devices as prescribed.
Article 14.
Violations against regulations on preparation and storage of radiation safety
records
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2. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Failing to store a
grassroots-level radiation incident response plan;
b) Failing to prepare and store
dose management records for patients undergoing diagnostic, interventional, and
therapeutic techniques in nuclear medicine and radiotherapy as prescribed;
c) Failing to prepare and store
records of medical incidents related to radiation as prescribed;
d) Failing to prepare and store
records of medical incidents related to radiation as prescribed;
dd) Failing to complete
documentation and records proving the technical specifications of radiation
devices, radioactive sources, and radioactive waste as prescribed;
e) Failing to create and maintain
records for the management of radioactive waste.
Article 15.
Violations against regulations on training, health examination, and radiation
worker certification
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
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b) Failing to organize health
examinations for radiation workers as prescribed.
2. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for assigning a person without a
prescribed radiation worker certificate or with an expired radiation worker
certificate to one of the following tasks:
a) Radiation safety;
b) Decontamination;
c) Radiation and nuclear incident
response;
d) Accelerator operation;
dd) Operation of irradiation
devices using radioactive sources;
e) Production or processing of
radioactive substances;
g) Industrial radiography.
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a) Failing to appoint a person in
charge of radiation safety;
b) Failing to appoint a person in
charge of decontamination;
c) Failing to have personnel
trained in medical physics as prescribed.
Article 16.
Violations against regulation on reporting when conducting radiation work
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for submitting a report on the
status of radiation work safety to the competent state agency late or with
incomplete content as prescribed.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to submit a report on
the status of radiation work safety to the competent state authority
prescribed, except for the case specified in Clause 7 of this Article.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for acts specified in clause 1 of
this Article for nuclear facilities, except for the case specified in Clause 4
of this Article.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for acts specified in Clause 1 of
this Article for nuclear facilities that are nuclear power plants.
5. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for acts specified in clause 2 of this
Article for nuclear facilities, except for the case specified in Clause 6 of
this Article.
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7. A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed on one of the following acts:
a) Failing to submit a 10-year
comprehensive report to the national radiation and nuclear safety authority as
prescribed;
b) Failing to submit report or
being late in submitting report to the competent state authority when an
incident or unusual situation occurs during operation, except for acts
specified in Articles 19 and 37 hereof.
Article 17.
Violations of regulations on packaging, transport, and transit of radioactive
materials and nuclear devices
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to pack radioactive
material shipments as prescribed.
2. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for one of the following acts:
a) Failing to affix
radiation-warning labels on transport vehicles or transit vehicles as
prescribed;
b) Failing to implement a safety
and security plan during transport or transit as prescribed;
c) Failing to use transport
vehicles as prescribed;
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dd) Failing to ensure the transport
index (TI) as prescribed;
e) Failing to transport goods in
accordance with the route specified in the transport plan approved by the
competent state authority;
g) Failing to notify the Department
of Radiation and Nuclear Safety when shipment of radioactive materials is
unclaimed as prescribed;
h) Failing to conduct measurements
and record dose measurements during transport;
i) Storing shipments containing
radioactive materials in transit warehouses that do not meet safety and security
standards as prescribed.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for any of the following acts of
failing to report to the Department of Radiation and Nuclear Safety as
prescribed:
a) The shipment of radioactive
materials received does not conform to the transport contract in terms of type
and quantity;
b) The shipment of radioactive
materials shows signs of damage, decommissioning, or radioactive leakage during
transport.
4. A fine ranging from VND
25.000.000 to VND 45.000.000 shall be imposed for refusing to transport
radioactive materials or nuclear devices that meet the transport requirements
and have been licensed as prescribed.
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6. A fine ranging from VND
60.000.000 to VND 120.000.000 shall be imposed for failing to participate in
applying remedial measures with relevant parties when an incident occurs during
transport or transit.
7. Remedial measures:
a) Enforced search and recovery of
lost or spilled radioactive materials for safe and secure management for acts
specified in Clause 5 of this Article;
b) Enforced decontamination of
radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Clause 5 of this Article in cases where the
violation causes radioactive contamination exceeding the prescribed level.;
c) Enforced removal from the
territory of the Socialist Republic of Vietnam or re-export of radioactive
materials for the acts specified in Clause 5 of this Article in cases of
transit;
Article 18.
Violations against regulations on the production, sale, export, and import of
irradiated consumer goods/products, goods/products containing radioactive
substances, or radioactively contaminated goods/products; import of radioactive
materials, nuclear devices, and radioactive waste
1. A fine ranging from VND
10.000.000 to VND 30.000.000 shall be imposed for one of the following acts:
a) Importing or selling irradiated
consumer goods, goods containing radioactive substances that are permitted for
import as prescribed but without clearly stating this information on the
product label;
b) Importing radioactive materials
with incorrect information regarding quantity, characteristics, and technical
specifications as stated in the license to conduct radiation work.
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a) Importing irradiated consumer
goods not included in the list of permitted imports, or included in the list
but irradiated or containing radioactive substances exceeding the prescribed
limits;
b) Producing or trading consumer
goods with radioactive activity higher than the prescribed limits.
3. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for importing nuclear devices
with incorrect information regarding quantity, characteristics, and technical
specifications as stated in the license to conduct radiation work.
4. A fine ranging from VND
35.000.000 to VND 65.000.000 shall be imposed for failing to conduct remedial
measure for the consequences caused by imported goods containing radioactive
substances or contaminated with radiation at the border.
5. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for importing radioactive waste
but not serious to an extent of being liable to criminal prosecution.
6. Remedial measures:
a) Enforced recovery of goods not
satisfying the prescribed requirements for acts specified in point b of clause
2 of this Article;
g) Enforced removal from the
territory of the Socialist Republic of Vietnam or re-export of radioactive
materials, irradiated consumer goods, nuclear devices, and radioactive waste
for acts specified in point b of clause 1, point a of clause 2, clause 3, and
clause 5 of this Article.
Article 19.
Violations against regulations on preparation for and response to
radiation incident
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a) Failing to have an approved
grassroots-level radiation incident response plan as prescribed;
b) Failing to organize drills for
the grassroots-level radiation incident response plan as prescribed;
c) Failing to notify the competent
state authority about the location of the radiation incident and related
information within the prescribed time limit;
d) Failing to provide information
and documents, or cooperate with competent authorities and organizations in
remediation and determination of the cause of the radiation incident;
dd) Failing to comply with or not
fully and promptly complying with the emergency mobilization order for
personnel, materials, and equipment of the competent state authority to remedy
the radiation incident;
e) Obstructing or failing to comply
with instructions from competent state authorities during the remediation of
radiation incidents;
g) Failing to implement measures to
mitigate consequences for humans, the environment, and society when a radiation
incident occurs;
h) Failing to carry out remedial
measures and determine the cause of the radiation incident as prescribed,
except for the acts specified in Clause 6 of Article 17 hereof;
i) Failing to equip the equipment
and devices for responding to incidents as listed in the approved
grassroots-level radiation incident response plan as prescribed.
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3. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for concealing information,
delaying the provision of information, or disseminating unfounded or untrue
information about a radiation incident that harms the interests of the State,
the legitimate rights and interests of organizations and individuals, except
for the acts specified in Clause 4 of Article 34 hereof.
4. A fine ranging from VND
300.000.000 to VND 400.000.000 shall be imposed for acts specified in clause 3
of this Article, for nuclear facilities that are nuclear power plants or
research reactors, except for the acts specified in Clause 4 of Article 34
hereof.
5. A fine ranging from VND
200.000.000 to VND 400.000.000 shall be imposed for failing to implement
preventive measures as prescribed, resulting in a radiation incident but not
serious to an extent of being liable to criminal prosecution.
6. Remedial measures:
a) Enforced rectification of false
or confusing information regarding the incident or the status of the radiation
for acts specified in Point a of Clause 3; Point h of Clause 4 of this Article;
b) Enforced implementation of
measures to ensure radiation safety, radioactive source security for the acts
specified in Clauses 5 of this Article;
Article 20.
Violations against regulations on the collection, classification, disposal,
storage, and burial of radioactive waste, spent radioactive sources, and spent
nuclear fuel
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Failing to collect, classify,
dispose of, and manage radioactive waste and spent radioactive sources as
prescribed, except for the acts specified in point a of clause 2 of this
Article;
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c) Failing to dispose of
biological, chemical, and other hazards in the management of radioactive waste,
spent radioactive sources, and spent nuclear fuel;
d) Failing to ensure financial
resources for the operation and termination of operations of organizations
processing, storing, and burying radioactive waste and spent radioactive
sources.
2. A fine ranging from VND
90.000.000 to VND 150.000.000 shall be imposed for one of the following acts:
a) Failing to manage and dispose of
spent nuclear fuel and high-level radioactive waste as prescribed;
b) Failing to ensure financial
resources for the operation and termination of operations of organizations
processing, storing, and burying spent nuclear fuel as prescribed.
Article 21.
Violations against regulations on management of radioactively contaminated
objects and spent radioactive sources; clearance of radioactive waste,
radioactively contaminated objects, and spent radioactive sources
1. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for failing to implement measures
for managing radioactively contaminated objects and spent radioactive sources
as prescribed.
2. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for one of the following acts:
a) Clearance of radioactively
contaminated objects with a radioactive activity concentration or total
radioactive activity higher than the clearance level;
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c) Clearance of radioactive waste
with a radioactive concentration, radioactive activity, or total radioactive
activity higher than the prescribed disposal level.
3. A fine ranging from VND
35.000.000 to VND 65.000.000 shall be imposed for one of the following acts:
a) Clearance of spent nuclear
sources with total radioactivity exceeding the prescribed clearance level;
b) Clearance of spent nuclear
sources with a radioactive activity concentration or total radioactive activity
less than or equal to the clearance level without permission from the national
radiation and nuclear safety agency;
4. Remedial measures:
a) Enforced recovery of
radioactively contaminated objects, radioactive waste, and radioactive sources
for safe and secure management as prescribed for the acts specified in points a
and c of Clause 2, and point a of Clause 3 of this Article;
b) Enforced application of remedial
measures against environmental pollution for acts specified in points a and c
of Clause 2, and point a of Clause 3 of this Article in cases where such acts
cause environmental pollution.
Article 22.
Violations against regulations on the construction, decommissioning, and
decontamination of radiation facilities upon termination of operation
1. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for constructing a radiation
facility without an approved Safety Analysis Report as prescribed.
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3. Remedial measures:
Enforced decontamination of
radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Clause 2 of this Article in cases where the
violation causes radioactive contamination exceeding the prescribed level.;
Article 23.
Violations against regulations on environmental protection in the exploration,
extraction, processing, and closure of radioactive mineral mines
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for one of the following acts:
a) Failing to prepare a safety
assessment report in the case where the organization or individual processing
radioactive minerals changes the purpose or scale of operation of the
processing plant;
b) Failing to submit a safety
assessment report to the Department of Radiation and Nuclear Safety in the case
where the organization or individual processing radioactive minerals changes
the purpose or scale of operation of the processing plant;
c) Failing to implement contents or
implementation of incomplete contents specified in the Safety Assessment Report
appraised by the Department of Radiation and Nuclear Safety;
d) Failing to notify the Department
of Radiation and Nuclear Safety or failing to update the contents of the safety
assessment report after commencing operations as required.
2. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for failing to implement
measures to minimize negative impacts on the environment as prescribed.
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a) Failing to implement measure for
environmental protection, renovation, and remediation as prescribed;
b) Failing to report to the
competent state authority on the results of implementing measures for environmental
protection, renovation, and remediation as prescribed.
4. Remedial measures:
a) Enforced implementation of
measures to minimize negative impacts on the environment for the acts specified
in Clause 2 of this Article;
b) Enforced application of remedial
measures against environmental pollution for acts specified in Point a of
Clause 3 of this Article;
Article 24.
Violations against regulations on environmental radiation monitoring at
facilities conducting radiation work, excluding nuclear facilities that are
nuclear power plants or research reactors
A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for one of the following acts:
1. Failing to monitor radiation or
conduct complete monitoring as prescribed;
2. Failing to prepare and store
records of environmental radiation monitoring as prescribed;
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4. Failing to report to the
national radiation and nuclear safety agency as prescribed when detecting
radiation monitoring results exceeding the prescribed level;
5. Failing to ensure that radiation
monitoring devices operate stably and accurately as prescribed.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON THE SECURITY OF RADIOACTIVE SOURCES, NUCLEAR
MATERIALS, AND NUCLEAR INSPECTION
Article 25.
Violations against regulations on ensuring the security of radioactive sources
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level D in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct periodic
inventory of radioactive sources or have procedures for periodic inventory of
radioactive sources as prescribed;
b) Failing to establish or
establishing but fail to implement regulations on the responsibilities and
powers of each unit and individual involved in ensuring the security of
radioactive sources as prescribed.
2. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level C in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct periodic
inventory of radioactive sources or have procedures for periodic inventory of
radioactive sources as prescribed;
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c) Failing to take measures to
prevent the illegal relocation of radioactive sources in the case of using
fixed radioactive sources;
d) Failing to install barriers for
the area where radiation work is conducted in the case of using mobile
radioactive sources as prescribed;
dd) Failing to install radiation
warning signs for the area where radiation work is conducted in the case of
using mobile radioactive sources as prescribed;
e) Failing to have designated
storage area for not-in-use radioactive sources, or install locks at accessible
points to the storage area in the case of using mobile radioactive sources as
prescribed;
g) Failing to have procedures for
managing locks and keys for the storage area of radioactive sources in the
case of using mobile radioactive sources as prescribed;
h) Failing to have logbooks for the
use of radioactive sources in the case of using mobile radioactive sources as
prescribed;
i) Failing to have procedure for
handing over radioactive sources between departments within the facility in the
case of using mobile radioactive sources as prescribed.
3. A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level B in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct periodic
inventory of radioactive sources or have procedures for periodic inventory of
radioactive sources as prescribed;
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c) Failing to have
devices/equipment to record and store images of unauthorized access to rooms
containing radioactive sources in any of the following cases: storage of
radioactive sources; use of fixed radioactive sources; radioactive sources used
in high/medium-dose brachytherapy as prescribed;
d) Failing to install barriers for
the area where radiation work is conducted in the case of storage of
radioactive sources or use of mobile radioactive sources as prescribed;
dd) Failing to install radiation
warning signs for the radiation work area in the case of storage of radioactive
sources or use of mobile radioactive sources as prescribed;
e) Failing to have designated
storage area for not-in-use radioactive sources, or install locks at accessible
points to the storage area in the case of storing radioactive sources or using
mobile radioactive sources as prescribed;
g) Failing to have procedures for
managing locks and keys for the storage area of radioactive sources in the
case of storing radioactive sources or using mobile radioactive sources as
prescribed;
h) Failing to logbooks for the use
of radioactive sources in the case of using mobile radioactive sources as
prescribed;
i) Failing to have procedure for
handing over radioactive sources between departments within the facility in the
case of using mobile radioactive sources as prescribed.
4. A fine ranging from VND
35.000.000 to VND 50.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level A in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct periodic
inventory of radioactive sources or have procedures for periodic inventory of
radioactive sources as prescribed;
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c) Failing to have procedures for
managing locks and keys as prescribed;
d) Failing to have
devices/equipment to detect and alert against unauthorized access at the
entrances and exits of the radioactive source room as prescribed;
dd) Failing to have
devices/equipment to record and store images of unauthorized access at the
entrances to the radioactive source room, source control room, security system
control room, and water treatment tank for the water storage tank for
preserving radioactive sources;
e) Failing to arrange separate
place for storing radioactive sources in cases where radioactive sources are
stored as required;
g) Failing to have logbooks for
tracking the entry and exit of radioactive sources in cases where radioactive
sources are stored as required;
h) Failing to store radioactive
sources in locked source containers or protective vessels or failing to take
measures to restrict the relocation of radioactive sources when storing them as
required by regulations.
Article 26. Violations
of regulations on security in the use and storage of nuclear materials
1. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for any of the following acts in
cases of violations concerning Group III nuclear materials, except for the acts
specified in Article 35 hereof:
a) Failing to establish restricted
access areas or protected areas as prescribed;
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c) Failing to develop and implement
internal regulations on information security related to nuclear material
security; failing to equip a computer system used in ensuring nuclear security,
safety, and control with the ability to withstand all acts of sabotage,
including cyberattacks;
d) Failing to use or store nuclear
materials inside restricted access areas;
dd) Failing to apply necessary
security measures when moving nuclear materials within restricted access areas as
prescribed.
2. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for any of the following acts in
cases of violations concerning Group II nuclear materials, except for the acts
specified in Article 35 hereof:
a) Failing to establish restricted
access areas or protected areas as prescribed;
b) Failing to apply measures to
control and restrict access to areas for using and storing nuclear materials
and protected areas within nuclear facilities as prescribed;
c) Failing to issue and implement
regulations on the management and use of keys and access cards; establish and
maintain an access control system as prescribed;
d) Failing to set up a central
alarm station, a two-way communication system, or having set up one but failing
to meet the prescribed operational standards;
dd) Failing to provide or maintain
the required power supply for alarm equipment/devices and central alarm
stations;
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g) Failing to prepare nuclear
materials management dossier as prescribed;
h) Failing to develop and implement
procedures for periodic inspection of the operation of intrusion detection and
alarm equipment/devices, communication systems, and other protection systems as
required;
i) Failing to develop and implement
regulations on information security related to nuclear materials security;
failing to equip a computer system used in ensuring nuclear security, safety,
and control with the ability to withstand all acts of sabotage, including
cyberattacks;
k) Failing to use or store nuclear
materials inside protected areas;
l) Failing to have procedures for
recording information, store information about users, key managers, access card
holders, or computer systems controlling access to nuclear materials.
3. A fine ranging from VND
70.000.000 to VND 100.000.000 shall be imposed for acts specified in points a
and b of Clause 1 of this Article in the use and storage of Group I nuclear
materials, except for the acts specified in Article 35 hereof.
4. A fine ranging from VND
80.000.000 to VND 120.000.000 shall be imposed for any of the following acts in
the use and storage of Group I nuclear materials, except for the acts specified
in Article 35 hereof:
a) Failing to issue and implement
regulations on the management and use of keys and access cards; establish and
maintain an access control system as prescribed;
b) Failing to set up a central
alarm station, a two-way communication system, or having set up one but failing
to meet the required operational standards;
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d) Failing to set up special
control areas or critical areas, or setting them up but they do not meet the
required conditions;
dd) Failing to organize a security
force, conduct patrols, or deploy security personnel as prescribed;
e) Failing to implement measures to
prevent illegal interference or sabotage of alarm equipment/devices and central
alarm stations.
5. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for any of the following acts
in the use and storage of Group I nuclear materials, except for the acts
specified in Article 35 hereof:
a) Failing to implement necessary
security measures when moving nuclear materials within or between protected
areas;
b) Failing to prepare nuclear
materials management dossier as prescribed;
c) Failing to develop and implement
procedures for periodic inspection of the operation of intrusion detection and
alarm equipment/devices, communication systems, and other protection systems as
required;
d) Failing to develop and implement
regulations on information security related to nuclear materials security;
failing to equip a computer system used in ensuring nuclear security, safety,
and control with the ability to withstand all acts of sabotage, including
cyberattacks.
Article 27.
Violations against regulations on appropriated, lost, illegally used, or
illegally transferred radioactive sources; loss of radioactive sources
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2. A fine ranging from VND
18.000.000 to VND 30.000.000 shall be imposed for failing to notify the
competent state authority as prescribed when a radioactive source under one's
management is appropriated or lost.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for failing to immediately take
necessary measures to recover appropriated, lost, illegally used, or illegally
transferred radioactive sources.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for losing radioactive sources
classified as security level D according to regulations on ensuring the
security of radioactive sources in management, use, transport, and storage.
5. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clause 4 of this Article in cases
of such acts involving radioactive sources classified as security level C
according to regulations on ensuring the security of radioactive sources.
6. The fine shall be 02 times the
amount of the fine for the acts specified in Clause 4 of this Article in cases
of such acts involving radioactive sources classified as security level B
according to regulations on ensuring the security of radioactive sources.
7. The fine shall be 03 times the
amount of the fine for the acts specified in Clause 4 of this Article in cases
of such acts involving radioactive sources classified as security level A
according to regulations on ensuring the security of radioactive sources.
8. Additional penalties:
Suspension of the license to
conduct radiation work of radiation facility for 01 to 03 months for acts under
Clauses 4, 5, 6, and 7 of this Article.
9. Remedial measures:
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b) Enforced decontamination of
radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Clauses 4, 5, 6, and 7 of this Article in cases
where the violation causes radioactive contamination exceeding the prescribed
level.
Article 28.
Violations against regulations on appropriated, lost, illegally used, or
illegally transferred nuclear materials, nuclear devices; infringement of
works, equipment and devices ensuring safety and security
1. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for failing to notify the
competent state authority as prescribed when discovering nuclear materials,
nuclear fuel, spent nuclear fuel, or nuclear devices that have been
appropriated, lost, illegally used, or illegally transferred.
2. A fine ranging from VND
40.000.000 to VND 80.000.000 shall be imposed for failing to notify the
competent state authority as prescribed when discovering nuclear materials,
nuclear fuel, spent nuclear fuel, or nuclear devices under one's management
that have been appropriated or lost.
3. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for failing to take necessary
measures as prescribed to recover nuclear materials, nuclear fuel, spent
nuclear fuel, and nuclear devices that have been appropriated, lost, illegally
used, or illegally transferred.
4. A fine ranging from VND
200.000.000 to VND 400.000.000 shall be imposed for infringing upon works,
equipment, and device serving activities ensuring radiation safety, nuclear
safety, and nuclear security in the field of atomic energy.
5. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for losing nuclear materials,
nuclear fuel, spent nuclear fuel, or nuclear devices.
6. A fine ranging from VND
500.000.000 to VND 1.000.000.000 shall be imposed for illegal appropriation or
transfer of nuclear materials, nuclear fuel, spent nuclear fuel, or nuclear
devices.
7. Additional penalties:
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b) Expulsion from the territory of
the Socialist Republic of Vietnam for foreigners who commit the acts specified
in Clause 6 of this Article.
8. Remedial measures:
a) Enforced search and recovery of
nuclear materials, nuclear fuel, spent nuclear fuel, and nuclear devices are
managed to ensure safety and security for acts specified in Clause 5 of this
Article;
b) Enforced decontamination of
radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Clause 5 of this Article in cases where the
violation causes radioactive contamination exceeding the prescribed level;
c) Enforced restoration to the
original condition of nuclear materials, nuclear fuel, spent nuclear fuel, or
nuclear devices that have been infringed upon, or return of the appropriated
nuclear materials, nuclear fuel, or nuclear devices for acts specified in
Clause 6 of this Article;
d) Enforced implementation of
measures to ensure radiation safety, nuclear safety, and nuclear security as
prescribed for the acts specified in Clause 6 of this Article;
dd) Enforced implementation of measures
to minimize negative impacts on the environment for acts specified in Clause 6
of this Article in cases where such acts cause adverse environmental impacts.
Article 29.
Violations of regulations on responsibilities in nuclear inspection activities
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for any of the following acts by
nuclear facilities, facilities managing or using nuclear materials, or source
nuclear materials:
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b) Failing to implement measures to
monitor nuclear materials and source nuclear materials as prescribed;
c) Failing to protect the physical
structure of nuclear materials, source nuclear materials, and nuclear facilities
as prescribed;
d) Failing to submit design
information dossiers as prescribed;
dd) Failing to store nuclear
accounting records throughout the period that nuclear materials or source
nuclear materials are present at the facility.
2. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clause 1 of this Article for
nuclear facilities that are research reactors.
3. The fine shall be 02 times the
amount of the fine for the acts specified in Clause 1 of this Article for
nuclear facilities that are nuclear power plants.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON SAFETY AND SECURITY OF NUCLEAR POWER PLANTS
AND RESEARCH REACTORS
Article 30.
Violations against regulations on licenses for nuclear power plants and
research reactors
1. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for constructing a research
reactor without a license or with an expired license.
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3. A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for conducting trial
operation or operation of a research reactor without a license or with an
expired license.
4. A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for decommissioning a
research reactor without a license or with an expired license.
5. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed for conducting trial
operation or operation of a nuclear power unit or a nuclear power plant without
a license or with an expired license.
6. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed for decommissioning a
nuclear power plant without a license or with an expired license.
7. Remedial measures:
Enforced implementation of measures
to ensure radiation safety, radioactive source security, nuclear safety, and
nuclear security as prescribed for the acts specified in specified in Clauses
1, 2, 3, 4, 5, and 6 of this Article.
Article 31.
Violations against regulations on arrangement of personnel at nuclear power
plants and research reactors
A fine ranging from VND 60.000.000
to VND 120.000.000 shall be imposed for arrange personnel to one of the
following positions without a prescribed radiation worker certificate or with
an expired radiation worker certificate:
1. Chief engineer, director of the
nuclear reactor.
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3. Nuclear reactor operator.
4. Nuclear fuel manager.
Article 32.
Violations against regulations on assessments of sites of nuclear power plants
and research reactors
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for one of the following acts:
a) Failing to submit or making late
submission of information and documents describing the quality management
system related to site survey and assessment to the national radiation and
nuclear safety authority as prescribed;
b) Failing to notify or making late
notification of the plan for conducting site survey and assessment to the
national radiation and nuclear safety authority;
c) Failing to submit or making late
submission of the list of technical regulations, national standards, international
standards, and foreign technical standards and regulations applicable to site
surveys and assessments as prescribed.
2. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for one of the following acts:
a) Hiring or assigning another
organization or individual that lacks the required qualifications to conduct
site surveys and assessments;
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c) Failing to conduct periodic
safety assessments of natural and man-made hazards that may affect the safety
of nuclear power plants, research reactors, and/or site characteristics as
prescribed;
d) Failing to conduct safety
assessments in other cases as prescribed;
dd) Failing to conduct site surveys
and reassessments when increasing capacity beyond the approved or licensed
capacity;
e) Failing to monitor or adequately
monitor site characteristics as prescribed;
g) Failure to organize contractor
supervision as prescribed;
h) Continuing site survey and
assessment even after receiving a request from a competent state authority to
suspend all site surveys and assessments as prescribed.
3. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for falsifying information and
data on site surveys and assessments of nuclear power plants and research
reactors, but not serious to an extent of being liable to criminal prosecution.
4. Additional penalties:
Suspension of construction, trial
operation, and operation of nuclear power plants or research reactors for 1 to
3 months for acts specified in Clause 3 of this Article when information and
data on site surveys and assessments are found to contain exclusionary or
adverse factors that could cause serious nuclear safety hazards as prescribed.
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Enforced provision and updating of
complete and accurate information and data from site surveys and assessments
prescribed for acts specified in Clause 3 of this Article.
Article 33.
Violations against regulations on the design and construction of nuclear power
plants and research reactors
1. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for any of the following acts
in the design and construction of research reactors:
a) Failing to properly implement
the approved design, except for the act specified in point c of this clause;
b) Failing to report to the
Ministry of Science and Technology as prescribed regarding the content of
design adjustments in the case of design adjustments for main works or
components directly related to nuclear safety or affecting radiation safety,
nuclear safety, or nuclear security solutions compared to the design that has
been appraised during construction;
c) Constructing related components
without the approval of the Ministry of Science and Technology as prescribed in
the case of design adjustments as prescribed in point b of this clause;
d) Failing to supplement
modifications in the dossier for the design, following the basic design, the
construction dossier, the safety analysis report, and other relevant documents
in case making design modifications to items important to safety;
dd) Selecting and using
equipment/devices and materials affecting radiation safety and nuclear safety
that do not conform to the approved construction design as prescribed;
e) Failing to comply with national
technical regulations or failing to apply approved technical standards and
regulations in the design dossiers;
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h) Continuing constructing and
installing items that have been suspended without permission from the competent
authority.
2. A fine of VND 150.000.000 to VND
250.000.000 shall be imposed for any of the following acts: failure to organize
quality inspection and supervision of the manufacturing of structures, systems,
and components critical to the safety of nuclear power plants.
3. A fine ranging from VND
250.000.000 to VND 350.000.000 shall be imposed for failing to set up,
implement, and maintain a quality management system in the design and
construction of research reactors; and a management program for upgrading and
renovating research reactors.
4. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clauses 1 and 3 of this Article
for nuclear power plants.
5. Additional penalties:
Suspension of construction and
installation of items of research reactors or nuclear power plants for 1 to 3
months for acts specified in points a and c of Clause 1 of this Article when it
is found not conforming to the design or there are factors causing radiation
and nuclear safety hazards.
6. Remedial measures:
a) Enforced repair, renovation, or
replacement of structures, systems, or components that do not conform to the
design or do not ensure radiation safety or nuclear safety to satisfy the
approved design requirements; enforced inspection, testing, and assessment of
radiation and nuclear safety as prescribed for acts specified in points a, c,
and d of Clause 1 of this Article;
b) Enforced demolition of part or
all the infringing structure, system, or component in cases where remedial
measures specified in point a of this clause are not feasible for acts
specified in points a, c, and d of Clause 1 of this Article.
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1. A fine ranging from VND
50.000.000 to VND 150.000.000 shall be imposed for any of the following acts in
trial operation and operation of research reactors:
a) Failing to ensure that personnel
satisfy the prescribed professional standards and capabilities;
b) Failing to inspect and supervise
compliance with laws and internal procedures; failing to conduct periodic
internal assessments of radiation safety, nuclear safety, and nuclear security
as prescribed.
2. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
a) Failing to construct, operate,
and maintain a monitoring system for operation, radiation safety, nuclear
safety, and nuclear security as prescribed;
b) Failing to follow proper
procedures when discharging or emitting radioactive waste or discharging or
emitting radioactive waste exceeding the permitted limits, but not serious to
an extent of being liable to criminal prosecution.
3. A fine ranging from VND
150.000.000 to VND 250.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
a) Lacking operating regulations,
decision-making procedures, and independent internal monitoring mechanisms
during operation;
b) Failing to prepare and submit
trial operation reports as prescribed;
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d) Failing to supervise the trial
operation and operation process as prescribed;
dd) Failing to collect data or
assess the system's conformity with design requirements during trial operation
as required;
e) Failing to implement remedial
measures when deviations or violations of operating limits and conditions
occur;
g) Failing to comply with the
quality management system during the trial operation and operation phases;
h) Changing the design, structure,
system, components, software, operating procedures, operating limits and
conditions, or making changes to the operator without the approval of the
competent state authority as prescribed;
i) Failing to include
safety-related modifications arising during trial operation in the design and
technical dossier, the safety analysis report, technological documents, and
nuclear power plant operating documents;
k) Failing to implement the correct
fuel loading, startup, power change, and reactor shutdown procedures according
to the approved operating procedures or in the case of emergency reactor
shutdown;
l) Failing to submit periodic
reports on the results of monitoring the trial operation and operation process
to the Ministry of Science and Technology as prescribed.
4. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for reporting false information
or concealing information about the status of radiation safety, nuclear safety,
and nuclear security during the trial operation and operations of research
reactors, except for the acts specified in Clause 3, Article 37 hereof.
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a) Failing to comply with the
approved trial operation program;
b) Failing to develop, implement,
or update the operating and maintenance procedures system as prescribed, except
for acts specified in Clauses 1, 2, and 3 of this Article;
c) Conducting tests that have not
been analyzed and evaluated for safety during the trial operation phase with
nuclear fuel; or outside the scope considered in the safety analysis report; or
that pose a risk of damaging the reactor, affecting radiation safety, or
nuclear safety;
d) Continuing trial operation or
operation of the reactor even when suspended by a competent state authority.
6. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clauses 1, 2, 3, 4 and 5 of this
Article for nuclear power units, nuclear power plants.
7. Additional penalties:
Suspension of the license for trial
operation, operation of research reactors, trial operation of nuclear power
units, and operation of nuclear power plants for 1 to 3 months for acts
specified in points b, c, h, and k of Clause 3 and Clause 5 of this Article.
Article 35.
Violations against regulations on ensuring nuclear security of nuclear power
plants and research nuclear reactors
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for any of the following acts in
case of research reactors:
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b) Failing to specify the roles,
authority, and responsibilities of individuals and departments involved in
ensuring nuclear security in the Security Assurance Plan.
2. A fine ranging from VND
80.000.000 to VND 150.000.000 shall be imposed for failing to implement or
adequately implement the Nuclear security assurance plan for research reactors.
3. A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for letting unauthorized entry,
sabotage, or loss of control of the security area of a research nuclear
reactor happen, but not serious to an extent of being liable to criminal
prosecution
4. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clauses 1, 2, and 3 of this
Article for nuclear power units, nuclear power plants.
Article 36.
Violations against regulations on environmental radiation monitoring
obligations at nuclear power plants and research reactors
1. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for any of the following acts
in trial operation and operation of research nuclear reactors:
a) Failing to prepare and store
radiation monitoring dossiers as prescribed;
b) Failing to report to the
competent state authority the results of periodic monitoring as prescribed or
when detecting abnormal monitoring results that pose a risk to the environment
and people.
2. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
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b) Failing to conduct environmental
radiation monitoring as prescribed;
c) Failing to maintain the ability
to early detect and warn of radiation anomalies as prescribed;
d) Failing to implement or maintain
the connection of radiation monitoring data with the national environmental
radiation monitoring and warning system as prescribed.
3. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clauses 1 and 2 of this Article
for nuclear power plants.
Article 37.
Violations against regulations on preparation for and response to nuclear
incidents
1. A fine ranging from VND
60.000.000 to VND 120.000.000 shall be imposed for any of the following acts in
case of research reactors:
a) Failing to develop a nuclear
incident response plan or developing a nuclear incident response plan but
failing to obtain approval as prescribed;
b) Failing to organize nuclear
incident response drills as prescribed;
c) Failing to notify the competent
state authority of the location of the incident and related information within
the prescribed time limit;
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dd) Failing to comply with, or
having incomplete or untimely compliance with orders for the emergency
mobilization of personnel, materials, and equipment/devices by competent state
authorities to remedy the incident;
e) Obstructing or failing to comply
with instructions from competent state authorities during the incident
remediation process;
g) Failing to implement measures to
mitigate consequences for people, the environment, and society when a nuclear
incident occurs;
h) Failing to apply remedial
measures and determine the cause of the nuclear incident as prescribed;
i) Failing to equip nuclear
incident response equipment and facilities as prescribed.
2. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clause 1 of this Article for
nuclear power plants.
3. A fine ranging from VND
150.000.000 to VND 350.000.000 shall be imposed for concealing information,
delaying the provision of information, or disseminating unfounded or untrue
information about a nuclear accident at a nuclear facility that harms the
interests of the State, the legitimate rights and interests of organizations
and individuals.
4. A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for failing to implement
preventive measures as prescribed, resulting in a nuclear accident at the
research reactor but not serious to an extent of being liable to criminal
prosecution.
5. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed for failing to implement
preventive measures as prescribed, resulting in a nuclear accident at the
nuclear power plant but not serious to an extent of being liable to criminal
prosecution.
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a) Enforced rectification of false
or confusing information regarding the incident or the status of the nuclear
incident for acts specified in Point a of Clause 3; Point h of Clause 4 of this
Article;
b) Enforced search and recovery of
nuclear materials for safe and secure management for acts specified in Clauses
4 and 5 of this Article if such acts result in the spillage or loss of nuclear
materials;
c) Enforced decontamination of
radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Point g of Clause 1, Clause 4, and Clause 5
of this Article if such acts cause radioactive contamination exceeding the
prescribed level;
d) Enforced environmental radiation
monitoring in the affected area and report on monitoring results to the
competent state authority for acts stipulated in point g of clause 1, clause 4,
and clause 5 of this Article;
dd) Enforced organization of health
check-ups for workers and residents in the area affected by the incident for
acts specified in point g of clause 1, clause 4, and clause 5 of this Article;
Article 38.
Violations of regulations on financial assurance in compensation for nuclear
damage
A fine ranging from VND 200.000.000
to VND 500.000.000 shall be imposed for one of the following acts:
1. Failing to purchase insurance or
provide other required forms of financial assurance to fulfill nuclear damage
compensation obligations.
2. Failing to maintain insurance or
other required forms of financial assurance to fulfill nuclear damage
compensation obligations.
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1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for one of the following acts:
a) Failing to maintain financial
assurance for the termination of operation of the facility;
b) Failing to update and supplement
the termination of operation plan of the facility as required.
2. A fine ranging from VND
80.000.000 to VND 160.000.000 shall be imposed for one of the following acts:
a) Failing to decommission,
decontaminate, or dispose of nuclear fuel, nuclear devices, or radioactive
waste in accordance with the plan approved by the competent state authority;
b) Failing to decommission,
decontaminate, or dispose of nuclear fuel, nuclear devices, or radioactive
waste in accordance with national technical standards, international standards,
or regulations;
c) Failing to maintain a quality
management system during the phase of termination of operation;
d) Failing to notify the competent
state authority before termination of the operation of the facility.
3. The fine shall be 1,5 times the
amount of the fine for the acts specified in Clause 1 and clause 2 of this
Article for nuclear power plants.
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a) Enforced return of the illegal
profits (if any) obtained from committing administrative violations prescribed
point a of clause 1 of the Article, in the case of misuse of funds that are
supposed to be allocated for the termination of operation as prescribed.
b) Enforced decontamination of
radioactively contaminated areas to meet national environmental technical
standards for the acts specified in point b of Clause 2 of this Article if such
acts cause radioactive contamination exceeding the prescribed level;
c) Enforced application of remedial
measures against environmental pollution, measures of environmental recovery
for acts specified in point of Clause 2 of this Article if such acts cause
environmental pollution exceeding the prescribed level.
Article 40.
Violations against regulations on preparation and storage of nuclear safety
records
1. A fine ranging from VND
60.000.000 to VND 120.000.000 shall be imposed for failing to prepare and store
one of the following documents:
a) Dossiers on nuclear materials,
nuclear devices, changes, repairs, and upgrades to nuclear devices;
b) Dossiers on maintenance and
inspection of nuclear devices;
c) Security assurance plan, nuclear
incident response plan at the grassroots level; safety analysis report for the
construction of nuclear facilities;
d) Dossiers on the location,
design, construction, operation, maintenance, and termination of operation;
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e) Dossier on the training and
licensing of personnel for operation and security;
g) Documents related to safety
control and operational monitoring as prescribed, except cases specified in
points b and l of Clause 3 of Article 34 hereof;
h) Dossiers on inspection,
maintenance, and quality assessment of the security and protection system.
2. A fine ranging from VND
120.000.000 to VND 200.000.000 shall be imposed for one of the following acts,
except for acts specified in clause 1 of this Article:
a) Failing to prepare and store
dossiers on changes in scale and scope of operation throughout the lifecycle of
a nuclear power plant or research reactor, except for the acts specified in
points b, c, and d of this Clause;
b) Failing to prepare and store
dossiers and documents during the investment and construction process;
c) Failing to prepare and store
dossiers and documents during the trial operation and operation process;
d) Failing to prepare and store
dossiers and documents during the termination of operation;
Section 5.
VIOLATIONS AGAINST REGULATIONS ON ACTIVITIES SUPPORTING ATOMIC ENERGY
APPLICATIONS, DIGITAL TRANSFORMATION, INSPECTION AND AUDIT ACTIVITIES
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1. A fine ranging from VND
15.000.000 to VND 35.000.000 shall be imposed for one of the following acts:
a) Declaring or providing false
information or documents in the application for a registration for provision of
auxiliary services for atomic energy application or a certificate of
eligibility to provide auxiliary services for atomic energy application;
b) Individuals providing auxiliary
services for atomic energy application without a certificate of eligibility as
prescribed.
2. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for one of the following acts:
a) Failing to provide auxiliary services
for atomic energy application in accordance with the content or scope specified
in the issued registration;
b) Providing auxiliary services for
atomic energy application without a registration as prescribed.
3. Additional penalties:
Suspension of the registration for
provision of auxiliary services for atomic energy application of providers for
1 to 3 months for act specified in point a of clause 2 of this Article.
4. Remedial measures:
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Article 42.
Violations against regulations on satisfaction of conditions for operation and
quality of auxiliary services for atomic energy application
1. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failing to store or store
incomplete dossiers on auxiliary services for atomic energy application without
a registration as prescribed;
b) Failing to provide or provide
proper personal dosimeters and protective equipment or failing to organize
personal exposure assessments for service personnel as prescribed;
c) Failing to have a
grassroots-level radiation incident response plan as prescribed in the
provision of services for the installation of radioactive sources or for
installation, maintenance, and repair of radiation devices.
2. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for one of the following acts:
a) Failing to implement or failing
to completely implement quality assurance program for auxiliary services for
atomic energy application;
b) Failing to follow the correct
procedures corresponding to the type of service approved by the Department of
Radiation and Nuclear Safety.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for one of the following acts:
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b) Using devices that are
incompatible with the physical properties of the radiation type, or devices
that lack valid calibration certificates for use in auxiliary services for
atomic energy application;
c) Providing services without
ensuring the physical and technical facilities have been approved when granting
the registration for auxiliary services for atomic energy application.
4. A fine ranging from VND
25.000.000 to VND 45.000.000 shall be imposed for one of the following acts:
a) Providing auxiliary services for
atomic energy application without sufficient personnel as prescribed.
b) Falsifying or intentionally
distorting the results of auxiliary services for atomic energy application.
5. Additional penalties:
a) Suspension of the
registration for provision of auxiliary services for atomic energy application
of providers for 1 to 3 months for act specified in points a and b of clause 3
of this Article;
b) Suspension of the registration
for provision of auxiliary services for atomic energy application of providers
for 3 to 6 months for act specified in point b of clause 4 of this Article.
6. Remedial measures:
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Article 43.
Violations against regulations on reporting and data entry in provision of
auxiliary services for atomic energy application
1. A fine ranging from VND
12.000.000 to VND 24.000.000 shall be imposed for one of the following acts:
a) Failing to report to the
competent state agency the case of service personnel being exposed to excessive
radiation doses as prescribed;
b) Failing to enter individual
occupational exposure data into the national database on occupational exposure
as prescribed;
c) Failing to update information on
radiation safety training activities, refresher training, and individual
exposure measurement of personnel providing auxiliary services for atomic
energy application;
d) Failing to update the list of
instructors and the number of trainees per course, the list of trainees who
have been granted certificates, the type of radiation safety training
certificate, and the professional training certificate for those providing
auxiliary services for atomic energy application as prescribed.
2. Remedial measures:
Enforced input of occupational
exposure dose data, updating information on training activities, list of instructors,
trainees, number of trainees, and type of training certificate as prescribed
for the acts specified in points b, c, and d of Clause 1 of this Article.
Article 44.
Violations against regulations on data management on the Digital platform for
radiation safety, nuclear safety and nuclear security, atomic energy
development, and application
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a) Failing to update information
and data or updating incomplete, inaccurate information and data when declaring
and issuing license to conduct radiation work, nuclear power plant construction
permit, research reactor construction permit, registration for auxiliary
services for atomic energy application, radiation worker certificates, and
certificates for eligibility to provide auxiliary services for atomic energy
application as prescribed, except for acts specified in Article 16 of this
Decree;
b) Failing to update, provide, or
providing incomplete or inaccurate information and data in reports on the
export, import, and transport of radioactive materials, reports and
notifications on auxiliary services for atomic energy application, and other
specialized reports in the field of atomic energy on the Digital Platform as
prescribed, except for acts subject to penalties under Articles 8, 9, 16, 17,
21, 22, 23, 29, 33, 34, and 43 of this Decree.
2. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for failing to report or exchange
environmental radiation monitoring data, or for failing to report or exchange
environmental radiation monitoring data in a timely, complete, or accurate
manner on the Digital Platform as prescribed, except for the acts specified in
Articles 24 and 36 of this Decree.
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for illegally accessing,
extracting, or using data on the Digital Platform.
4. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities used for committing the violation for acts specified in
clause 3 of this Article.
5. Remedial measures:
Enforced provision and updating of
complete and accurate information and data prescribed for acts specified in
Clause 1 of this Article.
Article 45.
Violations against regulations on nuclear inspection
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2. A fine ranging from VND
15.000.000 to VND 35.000.000 shall be imposed for one of the following acts:
a) Failing to appoint people or
appointing people who are not competent to work with the inspection team;
b) Failing to implement or
implement incomplete or not on time the contents stated in the conclusion on
inspection of handling decision regarding inspection and examination of the
competent person;
c) Failing to arrange relevant
people, vehicles, and devices or intentionally delay in implementing the
requests of the inspection team when conducting on-site inspection and
verification;
d) Arbitrarily breaking the seal,
changing the location or sealed traces of radioactive sources or radiation
devices, when the radioactive source or radiation device is temporarily
detained or sealed by the inspection agency.
3. A fine of VND 20.000.000 to VND
30.000.000 shall be imposed for the act of failing to provide false documents,
information about radioactive sources, radiation devices, nuclear materials,
nuclear devices, or other information about radiation or nuclear safety to the
inspection team or competent state authority.
4. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for failing to provide documents
or providing incomplete or not on time documents related to the content of
inspection at the request of competent state authorities during safety
inspections and audits of the installation, trial operation, acceptance
testing, construction, and changes in the scale and scope of operation of
nuclear facilities.
5. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for obstructing international
inspectors from conducting nuclear inspections at facilities as prescribed by
law and international treaties to which the Socialist Republic of Vietnam is a
signatory.
Chapter III
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Article 46.
Authority of the Inspectorate to impose penalties
1. Inspectors from the Radiation
and Nuclear Safety Inspectorate, the Ministry of Public Security Inspectorate,
and the Ministry of National Defense Inspectorate, while on duty, shall have
the right to impose the following penalties:
a) Warning;
b) Fines of up to VND 100.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 200.000.000 used to commit
administrative violations;
2. The Chief Inspector of Radiation
and Nuclear Safety shall have the right to impose the following penalties:
a) Warning;
b) Fines of up to VND 800.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
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dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. The Chief Inspector of the
Ministry of Public Security and the Chief Inspector of the Ministry of National
Defense shall have the right to impose the following penalties:
a) Warning;
b) Fines of up to VND 1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 47.
Authority of the Head of the state regulatory authorities in atomic energy and
other title holders
1. The Director of the Department
of Science and Technology shall have the right to impose the following
penalties:
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b) Fines of up to VND 800.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
2. The Director of the Department
of Radiation and Nuclear Safety shall have the right to impose the following
penalties:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
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3. The leader of the inspection
team established by the Minister of Science and Technology shall have the
authority to impose penalties specified in Clause 2 of this Article.
Article 48.
Authority to impose penalties of Presidents of People's Committees
1. Presidents of People's
Committees of communes, wards, or special zones shall have the right to impose
the following penalties:
a) Warning;
b) Fines of up to VND 500.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
2. Presidents of People's
Committees of provinces/cities shall have the right to impose the following
penalties:
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b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 49.
Authority to impose penalties of People’s Police
1. Police officers on duty have the
power to impose:
a) Warning;
b) Fines of up to VND 100.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 200.000.000 used to commit
administrative violations;
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a) Warning;
b) Fines of up to VND 200.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 400.000.000 used to commit
administrative violations;
d) Application of remedial measures
prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law on
Penalties for Administrative Violations.
3. Heads of police stations, heads
of mobile police units at battalion level heads of water police units, heads of
stations; leaders have the right to impose the following penalties:
a) Warning;
b) Fines of up to VND 300.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 600.000.000 used to commit
administrative violations;
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4. Heads of commune-level police
authorities have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 500.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
5. Head of International Airport
Police Office, Heads of professional divisions affiliated to Bureau of Homeland
Security, including: Head of Anti-Reactionary Division, Head of Anti-Terrorism
Division; Heads of professional divisions affiliated to Bureau of Economic
Security, including: Head of Department of Science, Technology and Resource and
Environmental Security; Heads of professional divisions affiliated to Police
Bureau of Administrative Management of Social Order; Heads of professional
divisions affiliated to Police Bureau of Fire Prevention and Rescue; Heads of
professional divisions affiliated to Bureau of Cybersecurity and Hi-Tech Crime
Prevention; Heads of professional divisions affiliated to Bureau of
Immigration; Head of Regiment-level Mobile Police Unit; Heads of professional
divisions affiliated to Bureau of Traffic Police, including: Head of Guidance
Division for Dissemination of Information, Investigation and Handling of
Traffic Accidents, Head of Division of Guidance on Registration and Inspection
of Vehicles, Head of Division of Guidance, Training, Testing and Management of
Driver Licenses issued to Vehicle Operators, Head of Division of Guidance on
Patrol and Control of Road and Railway Traffic, Head of Division of Guidance on
Traffic Control and Escort , Head of Division of Patrol, Control and Prevention
and Combat of Crimes on Inland Waterways, Captain of Squadron; Heads of
provincial Police authorities, including: Head of Police Division for
Administrative Management of Social Order, Head of Police Divisions for
Investigation into Social Order Crimes, Head of Police Division for
Investigation into Corruption, Economic, Smuggling and Environment Crimes, Head
of Police Division for Fire Prevention, Fire Fighting and Rescue, Head of
Mobile Police Division, Head of Division of Cybersecurity and High-Tech Crime
Prevention and Control, Head of Economic Security Division of the provincial
Police Authority have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 800.000.000;
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d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
6. The Head of Immigration Division
affiliated to the provincial police authority has the jurisdiction to impose
any penalty specified in clause 5 of this Article and decide to impose the
deportation penalty.
7. Directors of the provincial
police authorities have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Deportation;
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8. Director of Internal Political
Security Bureau, Director of Economic Security Bureau, Director of Police
Bureau of Administrative Management of Social Order, Director of Police Bureau
of Investigation into Social Order-related Crimes, Director of Police Bureau of
Investigation into Corruption, Economy and Smuggling-related Crimes, Director
of Police Traffic Bureau, Director of Police Bureau of Fire Prevention and
Rescue, Director of Police Bureau of Environmental Crime Prevention, Director
of Bureau of Cybersecurity and High-Tech Crime Prevention and Control, Mobile
Police Command shall have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
9. Director of Bureau of
Immigration has the authority to impose any penalty specified in clause 8 of
this Article and decide to impose the deportation penalty.
Article 50.
Authority to impose penalties of Customs authorities
1. Customs officials on duty have
the power to:
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b) Fines of up to VND 50.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 100.000.000 used to commit
administrative violations.
2. Head of border/out-of-border
checkpoint customs office; Head of the Customs Procedure inspection and
Post-customs clearance inspection team, Head of Customs Clearance Team, Head of
Customs Control Team under the Regional Customs Sub-Department; Head of the
Anti-Smuggling Control Team under the Anti-Smuggling Investigation
Sub-Department, the Head of the Regional Post-Clearance Inspection Team under
the Post-Clearance Inspection Sub-Department have the power to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND 300.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 600.000.000 used to commit
administrative violations;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. Heads of the Anti-Smuggling
Investigation Sub-Departments, Heads of Regional Customs Sub-Departments, and
Heads of the Post-Clearance Inspection Sub-Departments shall have the power to
impose the following forms of penalty:
a) Warning;
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c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
4. Director of Customs Department
has the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
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1. On-duty Coast Guard officers
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 50.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 100.000.000 used to commit
administrative violations.
2. Coastguard Team Leaders have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 100.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 200.000.000 used to commit
administrative violations;
3. Coastguard squad leaders or
captains of coastguard station have the power to impose the following forms of
penalty:
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b) Fines of up to VND 200.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 400.000.000 used to commit
administrative violations;
d) Application of remedial measures
prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law on
Penalties for Administrative Violations.
4. Commanders of Coastguard Platoon
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 300.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 600.000.000 used to commit
administrative violations;
d) Application of remedial measures
prescribed in Points a, c, e and i of Clause 1 of Article 28 of the Law on
Penalties for Administrative Violations.
5. Captain of Naval Coastguard
Squadron; Head of Reconnaissance Commission; Head of Task Force Commission for
Drug Crime Prevention and Control under the control of the Command of Coast Guard
of Vietnam have the power to impose the following forms of penalty:
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b) Fines of up to VND 500.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Application of remedial
measures prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law
on Penalties for Administrative Violations.
6. Regional Command of Coast Guard
or Director of the Department of Operations and Legislation under the control
of the Command of Coast Guard of Vietnam have the power to impose the following
forms of penalty:
a) Warning;
b) Fines of up to VND 800.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
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7. Commander of Vietnam Coast Guard
has the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 52.
Authority to impose penalties of Border Guard
1. On-duty Border Guard officers
have the power to impose the following forms of penalties:
a) Warning;
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c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 100.000.000 used to commit
administrative violations.
2. Head of Border Guard station or
leader of the officers mentioned in clause 1 of this Article have the power to
impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 100.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 200.000.000 used to commit
administrative violations;
d) Application of remedial measures
prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law on
Penalties for Administrative Violations.
3. Team leader of Crime and Drug
Prevention and Control Task Force affiliated to Crime and Drug Prevention and
Control Brigade have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 150.000.000;
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d) Application of remedial measures
prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law on
Penalties for Administrative Violations.
4. Head of Border Guard Post,
Commander of Border-Guard Flotilla or Commander of Port Border Guard have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 300.000.000;
c) Confiscation of exhibits and/or
instrumentalities with value not exceeding VND 600.000.000 used to commit
administrative violations;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
5. Commander of Crime and Drug
Prevention and Control Brigade affiliated to Crime and Drug Prevention and
Control Department under Border Guard High Command have the power to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND 500.000.000;
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d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
6. Chief Commander of Border Guard
Command; Captain of Naval Border Guard Squadron, or Director of the Department
of Drug and Crime Prevention and Control affiliated to Border Guard High
Command have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of exhibits and/or
instrumentalities used to commit administrative violations;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 53.
Distinction of powers to impose penalties for administrative violations
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2. Individuals competent to impose
penalties of the agency responsible for state management in atomic energy shall
have the power to impose penalties for administrative violations specified in
Chapter II hereof within their jurisdiction specified in Article 47 hereof and
assigned functions, duties, and powers, except in cases where the foreigner
commits a violation specified in Clause 6 of Article 28 hereof.
3. Presidents of People's
Committees at all levels shall have the power to impose penalties for
administrative violations specified in Chapter II hereof within their
jurisdiction specified in Article 48 hereof and assigned functions, duties, and
powers, except in cases where the foreigner commits a violation specified in
Clause 6 of Article 28 hereof.
4. Individuals competent to impose
penalties of Police authorities shall have the power to impose penalties and
apply remedial measures for administrative violations specified in Chapter II
hereof within their jurisdiction prescribed in Article 49 hereof and functions,
duties, and powers
5. Individuals competent to impose
penalties of Customs authorities shall have the power to impose penalties for
administrative violations specified in Points c and d of Clause 1, Clause 7,
Point c of Clause 15, Points a and b of Clause 17, Points a and b of Clause 18
of Article 6; Clause 2 of Article 9, Article 17, and Article 18 hereof within
their jurisdiction prescribed in Article 50 hereof and their assigned
functions, duties, and powers.
6. Individuals competent to impose
penalties of Coast Guard forces shall have the power to impose penalties for
administrative violations specified in Clause 7, Point c of Clause 15, Points a
and b of Clause 18 of Article 6; Article 17, and Article 18 hereof within their
jurisdiction prescribed in Article 51 hereof and their assigned functions,
duties, and powers.
7. Individuals competent to impose
penalties of Border Guard forces shall have the power to impose penalties for
administrative violations specified in Articles 6, 17, 18, 27, 28, and 45
hereof within their jurisdiction prescribed in Article 52 hereof and their
assigned functions, duties, and powers.
Article 54.
Authority to prepare records of administrative violations
Persons with authority to prepare
records of administrative violations include:
1. Titles specified in Articles 46
to 52 hereof shall have the authority to prepare administrative violation
records for violations distinguished in Article 53 hereof;
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3. On-duty civil servants who are
performing inspections and audits related to radiation and nuclear safety, or
inter-agency inspections and audits with content on radiation and nuclear
safety;
4. For acts showing signs of
administrative violations that are not under the authority to make a record of
administrative violations or are not under the managed field or area, the
competent person performing the duties and tasks stipulated in Clauses 1, 2,
and 3 of this Article shall record the case and immediately forward it to the
competent authority.
Chapter IV
IMPLEMENTATION CLAUSES
Article 55.
Effect
1. The Decree comes into force from
May 01, 2026.
2. In case the legislative
documents cited in this Decree are amended or replaced, the newer document
shall apply.
3. Regulations in Article 4 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government, amending
Decrees on penalties for administrative violations against regulations on
industrial property; standards, measurement and quality of products and goods;
scientific and technological activities, technology transfer; and atomic
energy, are hereby annulled.
4. Decree No. 107/2013/ND-CP dated
September 20, 2013 of Government, on penalties for administrative violations
against regulations on atomic energy, shall cease to be effective from the date
this Decree comes into force.
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1. In cases where the
administrative violation against regulations on atomic energy occurs and ends
before the effective date of this Decree and is only discovered but the statute
of limitations for penalties has not expired or is under consideration
afterward, the Decree of the Government on administrative penalties in
effect at the time the violation was committed shall be applied when imposing
penalties.
2. If the violators have complaints
on administrative penalty decisions that are issued or fully executed before
this Decree comes into force, the regulations in the Law on Penalties for
Administrative Violations, the following legislative documents shall be
applied:
a) The Law on Penalties for
Administrative Violations No. 2012, amended by Law No. 67/2020/QH14 and Law No.
88/2025/QH15
b) Decree No. 118/2021/ND-CP dated
December 23, 2021 of the Government on elaboration and measure for
implementation of the Law on Handling of Administrative Violations, amended by
Decree No. 68/2025/ND-CP dated March 18, 2025 and Decree No. 190/2025/ND-CP
dated July 1, 2025;
c) Decree No. 189/2025/ND-CP dated
July 1, 2025 of the Government on elaboration of Law on Penalties for
Administrative Violations regarding authority to impose penalties for
administrative violations.
d) Decree No. 107/2013/ND-CP dated
September 20, 2013 of Government, on penalties for administrative violations
against regulations on atomic energy.
dd) Regulations in Article 4 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government, amending
Decrees on penalties for administrative violations against regulations on
industrial property; standards, measurement and quality of products and goods;
scientific and technological activities, technology transfer; and atomic
energy.
Article 57.
Implementation responsibilities
1. The Minister of Science and
Technology is responsible for providing guidance and organizing the
implementation of this Decree.
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ON
THE BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Chi Dung