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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 332/2025/ND-CP
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Hanoi, December 18, 2025
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DECREE
ELABORATION ON AND IMPLEMENTATION MEASURES OF CERTAIN
ARTICLES OF 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 the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Atomic Energy No. 94/2025/QH15;
Pursuant to the Law on
Environmental Protection No. 72/2020/QH14, amended by Law No. 11/2020/QH15, Law
No. 16/2023/QH15, Law No. 18/2023/QH15, Law No. 47/2024/QH15, and Law No.
54/2024/QH15;
At the request of the
Minister of Science and Technology of Vietnam;
The Government of
Vietnam hereby promulgates the Decree 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.
Chapter
I
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Article
1. Scope and regulated entities
This Decree elaborates on
certain articles and implementation measures of the Law on Atomic Energy,
including:
1. Elaboration on certain
articles of the Law on Atomic Energy concerning:
a) Digital transformation
in the field of atomic energy as prescribed in Clause 7 Article 7;
b) National radiation and
nuclear safety authorities as prescribed in Clause 4 Article 8;
c) Radiation safety,
radiation protection, and nuclear security as prescribed in Articles 17, 18,
19, 20, Clause 2 Article 22, Article 23, Clause 5 Article 24, and Clause 4
Article 25;
d) Survey, extraction,
processing, and closure of radioactive mineral mines as prescribed in Articles
26 and 27;
Transport, transit,
import, and export of radioactive materials and nuclear devices as prescribed
in Article 28, Clause 3 Article 29, Clause 5 Article 30, Article 31, and Clause
6 Article 32;
e) Management of radioactive
waste, spent radioactive sources, and spent nuclear fuel as prescribed in
Clause 7 Article 36, Clause 2 Article 37, Clause 3 Article 38, Article 39, and
Clause 4 Article 40;
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h) Inspection and
examination concerning radiation safety and nuclear safety as prescribed in
Articles 59 and 60;
i) Nuclear inspection as
prescribed in Clause 5 Article 62 and Clause 1 Article 63;
k) Response to radiation
incidents and response to nuclear incidents as prescribed in Article 65, Clause
3 Article 66, and Clause 3 Article 67;
l) Compensation for
nuclear damage and financial assurance as prescribed in Clause 9 Article 69 and
Article 70.
2. Implementation
measures of certain articles of the Law on Atomic Energy concerning:
a) Locations subject to
survey and assessment of existing irradiation as prescribed in Clause 2 Article
22;
b) Nuclear damage as
prescribed in Clause 1 Article 69.
3. This Decree applies to
domestic organizations and individuals, Vietnamese citizens residing abroad,
foreign organizations and individuals, international organizations engaged in
atomic energy activities in Vietnam, and relevant agencies, organizations, and
individuals.
Article
2. Interpretation of terms
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2. Public exposure refers
to exposure received by members of the public as a result of radiation work,
radiation incidents, nuclear incidents, and existing irradiation, excluding
occupational exposure and medical exposure.
3. Occupational exposure
refers to exposure received by radiation workers during their work, including
external exposure and internal exposure.
4. Medical exposure
refers to the exposure of ionizing radiation to the following subjects:
patients undergoing diagnosis or treatment; persons undergoing health
examination or assessment; volunteers participating in biomedical research; and
volunteers assisting and caring for patients during diagnosis or treatment
using ionizing radiation.
5. Dose limit refers to
the value that must not be exceeded of the effective dose or equivalent dose
for an individual as a result of exposure from controlled radiation work.
6. Physical protection
system refers to an integrated set of physical protection measures intended to
prevent, detect, and respond to acts of intrusion, unauthorized access, or
sabotage against the protected target. Physical protection measures include
personnel-related measures, procedural measures, and security devices.
7. Valid dossier refers
to a dossier containing complete documents and materials with contents declared
in accordance with this Decree.
8. Design information
documentation of a nuclear-inspected establishment refers to documentation comprising:
general information about the establishment; establishment layouts; design
characteristics of the establishment; devices related to nuclear accounting
processes and supervision measures; the form, quantity, location, and flow of
nuclear materials and source nuclear materials used at the establishment; and
nuclear accounting procedures applied at the establishment.
9. Nuclear accounting
refers to the implementation of nuclear inventory measures and the preparation
of nuclear material accounting reports and source nuclear material accounting
reports, including inventory reports, change reports, and material balance
reports.
10. Supervised area
refers to an area in which exposure conditions are monitored but where special
protective measures and safety regulations, as required for a controlled area,
are not necessary.
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12. Storage of
radioactive sources includes the storage of spent radioactive sources or the
temporary storage of radioactive sources before use in a separate area suitable
for ensuring radiation safety and radioactive source security.
13. Dose constraint
refers to a dose value that an individual may receive from a source, an
establishment, or radiation work; used as a parameter for assessing the
optimization of radiation protection; and serving as a basis for considering
and adjusting protective measures to ensure that the actual dose received by an
individual is maintained as low as reasonably achievable.
14. Radioactive sources
of above-medium hazard level include radioactive sources classified as Group 1
and Group 2; radioactive sources of medium hazard level include radioactive
sources classified as Group 3; and radioactive sources of below-medium hazard
level include radioactive sources classified as Group 4 and Group 5, in
accordance with the national technical regulation on classification of
radioactive sources.
15. Spent radioactive
source refers to a sealed radioactive source that is no longer in use and is
not intended for further use in licensed radiation work.
16. Radioactive sources,
nuclear materials, and nuclear devices outside regulatory control refer to
radioactive sources, nuclear materials, and nuclear devices that are lost,
stolen, abandoned, illegally transferred, or not declared in accordance with
the Law on Atomic Energy and this Decree.
17. Physical barrier
refers to a fence, wall, or obstacle intended to control access, delay, and
prevent unauthorized intrusion into a protected area.
18. Use of radioactive
sources refers to the use of unsealed radioactive sources, sealed radioactive
sources, and radioactive sources incorporated into devices.
19. Irradiation devices
refer to accelerators, radiotherapy devices, or irradiation devices used for
sterilization, mutation induction, material processing, or blood irradiation.
20. Change in the scale
and scope of operation of a radiation establishment refers to a change in
operational limits compared to those specified in the license, or a change in
the technical parameters of radioactive devices that affects the assurance of
radiation safety of the establishment.
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22. Testing of
radioactive devices refers to the inspection and assessment of the technical
characteristics of devices against their design before commissioning
radioactive devices or radiation-emitting components after assembly or
manufacture.
23. Radiation-related
medical incident refers to unintended situations occurring during the course of
diagnosis, care, or treatment using ionizing radiation, due to objective or
subjective factors not arising from disease progression or patient
constitution, which affect the health or life of the patient.
Article
3. Organization and operation of the Digital Platform on radiation safety,
nuclear safety, nuclear security, and development and application of atomic
energy
1. The Digital Platform
on radiation safety, nuclear safety, nuclear security, and the development and
application of atomic energy (hereinafter referred to as “the Digital
Platform”) shall ensure connectivity and data sharing with national information
systems and relevant specialized information systems; be consistent with the
orientation for the development of the Digital Government; and comply with
information security, personal data protection, state secret protection, and
cybersecurity laws.
2. Databases on the
Digital Platform include:
a) Shared databases,
including: databases on dossiers and results of settlement of administrative
procedures in the field of atomic energy; specialized databases on radiation
safety and nuclear safety; databases on inspection and examination of radiation
safety and nuclear safety; databases on individual exposure doses; and
databases on environmental radiation monitoring, radiation incidents, and
nuclear incidents.
b) Restricted-use
databases, including: databases on radiation workers; databases on radiation
safety and nuclear safety training; databases on dossiers reporting the actual
status of safety in conducting radiation work; databases on dossiers for
management of nuclear inspection; and databases on dossiers for management of
information on nuclear power plants, research reactors, and other nuclear
establishments.
c) Open databases,
including: databases on research and development activities in atomic energy
and other relevant databases.
d) The collection,
updating, connection, sharing, management, utilization, and use of data on the
Digital Platform shall comply with the laws on data, electronic transactions,
cybersecurity, personal data protection, information technology, access to
information, archives, statistics, cryptography, and telecommunications.
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a) Preside over the
development, implementation, and maintenance of the Digital Platform and
databases thereon; and cooperate with ministries, central authorities, and
local authorities in developing and implementing the Digital Platform;
b) Organize guidance,
training, advanced training, dissemination, and universalization of skills for
use of the Digital Platform;
c) Take charge and cooperate
with the Ministry of Finance of Vietnam in submitting to competent authorities
plans for allocation and mobilization of resources for investment in,
operation, maintenance, and development of the Digital Platform.
4. Relevant ministries,
central authorities, and local authorities shall, within the scope of their
assigned functions and tasks, have the following responsibilities:
a) Cooperate with the
Ministry of Science and Technology of Vietnam in developing, improving,
maintaining, operating, and upgrading the Digital Platform;
b) Share information and
data under their management on the Digital Platform, ensuring that such data
are accurate, complete, and timely for state management and professional
activities;
c) Develop and implement
application programming interfaces (APIs) or standardized connection protocols
for data interconnection with the Digital Platform, in compliance with the
technical standards of the Vietnam Digital Government Architecture Framework.
Article
4. National radiation and nuclear safety authority
1. The national radiation
and nuclear safety authority shall have the following tasks and powers:
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b) Organize notification
and declaration of radioactive substances, radioactive devices, nuclear materials,
and nuclear devices; issue licenses to conduct radiation work within its
jurisdiction; and issue certificates of registration of services supporting the
application of atomic energy;
c) Appraise and organize
the appraisal of radiation safety, nuclear safety, and nuclear security;
d) Conduct specialized
inspection and examination of radiation safety and nuclear safety, and impose
fines for administrative violations in the field of atomic energy within its
jurisdiction;
dd) Organize and
cooperate in the implementation of nuclear inspection activities in accordance
with the law;
e) Participate in
response to radiation incidents and response to nuclear incidents within its
jurisdiction;
g) Develop, operate, and
update the Digital Platform;
h) Organize and cooperate
in information dissemination, dissemination, knowledge universalization,
training, advanced training, and professional guidance on radiation safety,
nuclear safety, nuclear security, and nuclear inspection;
i) Manage environmental
radiation monitoring activities within its assigned management scope;
k) Organize the
implementation of international cooperation activities on radiation safety,
nuclear safety, nuclear security, and nuclear inspection;
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m) Perform other
functions and tasks as assigned by competent authorities.
2. The Vietnam Agency for
Radiation and Nuclear Safety, under the Ministry of Science and Technology of
Vietnam, shall perform the functions and tasks specified in Clause 1 of this
Article.
Chapter
II
RADIATION
SAFETY, RADIATION PROTECTION, AND NUCLEAR SECURITY
Article
5. Control of exposure
1. General principles
a) All radiation work shall
be justified to ensure that the benefits obtained outweigh the potential risks
posed to human health, property, society, and the environment.
b) Technical measures and
administrative measures shall be applied to limit individual exposure doses for
radiation workers and the public to a level as low as reasonably achievable.
c) It shall be ensured
that exposure doses for radiation workers and the public do not exceed the dose
limits prescribed in Appendix I promulgated together with this Decree.
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Organizations and
individuals conducting radiation work shall:
a) Establish a controlled
area at locations where the effective dose is greater than or equal to 6
mSv/year or where radioactive contamination may occur;
b) Establish a supervised
area at locations where the effective dose is greater than 1 mSv/year and less
than 6 mSv/year;
c) Apply a dose
constraint less than or equal to 3/10 of the dose limit for radiation workers
when calculating the design of radiation shielding for a radiation
establishment;
d) Refrain from employing
persons under 18 years of age in work directly involving radioactive devices,
nuclear devices, or radioactive materials; and facilitate appropriate job
reassignment for female radiation workers during pregnancy (where requested);
dd) Organize initial
radiation safety training upon recruitment and periodically update radiation
safety knowledge for radiation workers;
e) Conduct monitoring and
assessment of occupational doses, including: providing personal dosimeters to
all workers operating in controlled areas and supervised areas; measuring
individual exposure doses in accordance with regulations at organizations
holding a certificate of registration of services supporting the application of
atomic energy; and reading personal dosimeters at a frequency of at least once
every 3 months;
g) Organize health
examinations upon recruitment, annually, and when radiation workers cease
radiation-related work;
h) Provide adequate personal
protective equipment appropriate to the type of radiation work for radiation
workers;
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k) Prepare, update, and
retain radiation safety dossiers in full. Health records and radiation dose
records of workers shall be retained for 30 years from the date they quit
radiation work.
3. Control of public
exposure
Organizations and
individuals conducting radiation work shall:
a) Apply a dose
constraint less than or equal to 3/10 of the dose limit for the public when
calculating the design of radiation shielding for areas accessible to the
public;
b) Control radioactive
waste discharges into the environment in accordance with the law on atomic
energy, ensuring that public exposure doses do not exceed prescribed limits;
c) Conduct radiation
monitoring to ensure systematic and periodic assessment of public exposure, at
least once per year.
4. Control of medical
exposure
Organizations and
individuals operating irradiation devices, using radioactive devices,
radioactive sources, radiopharmaceuticals, or radioactive materials used as
pharmaceutical ingredients in the health sector shall:
a) Apply the principles
of occupational exposure control and public exposure control; for patients,
apply reference dose levels and optimize received doses to the lowest level
reasonably achievable while ensuring diagnostic effectiveness;
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c) Permit patients who
have undergone diagnosis or treatment using radiopharmaceuticals to be
discharged only when the radioactivity in their bodies does not exceed
prescribed levels.
5. Control of exposure in
response to radiation incidents and nuclear incidents
a) Ensure that the
effective dose for personnel participating in response to radiation incidents
and response to nuclear incidents does not exceed 50 mSv, except in the
following cases: for the purpose of saving lives; when carrying out actions to
prevent serious injury or death or to avert conditions that could lead to a
catastrophe significantly affecting people and the environment; or when
carrying out actions to avoid a large collective dose.
b) Ensure that personnel
participating in incident response are informed in advance of the health risks
and protective measures before undertaking intervention actions that may result
in exposure doses exceeding 50 mSv.
c) Ensure that, in all
circumstances, no personnel participating in response to radiation incidents or
response to nuclear incidents receive an effective dose exceeding 500 mSv.
The radiation dose
received by radiation workers during participation in incident response shall
not be included in occupational doses for the purpose of controlling dose
limits. Where personnel participating in incident response have received an
effective dose greater than 200 mSv, such personnel shall undergo health
examination and receive medical counseling before continuing their ongoing
radiation work.
d) Manage, control, and
retain radiation dose records of personnel participating in response to radiation
incidents and response to nuclear incidents.
6. Report on the safety
status of conducting radiation work
a) Organizations and
individuals conducting radiation work shall prepare and submit a report on the
safety status of conducting radiation work on an annual basis or upon request
by the Vietnam Agency for Radiation and Nuclear Safety or by specialized
agencies assisting provincial People’s Committees in state management of atomic
energy;
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c) Report contents shall
include: compliance with the law on atomic energy in conducting radiation work;
changes compared with the dossier for licensing (if any); and radiation
incidents, nuclear incidents, and remedial measures (if any).
7. The Ministry of
Science and Technology of Vietnam shall be responsible for stipulating and providing
detailed guidelines on:
a) Measures for control
of occupational exposure and control of public exposure; and radiation control
for establishments using scrap iron and steel as production materials;
b) Radiation safety
training requirements, training contents and programs, and procedures for grant
of radiation safety training certificates to radiation workers and radiation
safety officers;
c) Classification of
radioactive sources, exemption levels for declaration, and licensing of
radioactive sources and radioactive devices; disposal levels for radioactively
contaminated objects; and permitted levels for radioactive waste discharge into
the environment;
d) Presiding over and
cooperating with relevant ministries and central authorities in developing regulations
and detailed guidelines on working hours and rest periods for radiation
workers.
8. The Ministry of Health
of Vietnam shall stipulate and provide detailed guidelines on periodic health
examinations for radiation workers.
Article
6. Responsibilities for assuring radiation safety in health sector
Organizations and
individuals using radioactive devices, radioactive sources, and
radiopharmaceuticals in the health sector shall have the following
responsibilities:
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2. Ensure that the
radiation doses received by persons assisting, supporting, and visiting
patients during diagnosis, testing, or treatment using ionizing radiation or
radiopharmaceuticals do not exceed the prescribed dose constraints;
3. Carry out the
recording of measurements, dose assessment, preparation, and retention of dose
management dossiers for patients undergoing diagnosis, intervention, and
treatment using techniques involving high exposure doses;
4. Promulgate diagnostic
reference dose levels and professional and technical procedures for devices,
diagnostic activities, and therapeutic activities;
5. In the event of a
radiation-related medical incident:
a) Immediately implement
necessary measures to mitigate harm caused by radiation;
b) Determine the cause,
estimate the exposure dose received by the affected person, and implement
remedial measures;
c) Notify within 24 hours
and submit a detailed report within 5 days from the time the incident is
detected to the specialized agency assisting the provincial People’s Committee
in state management of atomic energy at the location where the
radiation-related incident occurs, and to the Vietnam Agency for Radiation and
Nuclear Safety;
d) Prepare and retain
dossiers on the radiation-related medical incident.
6. The Ministry of
Science and Technology of Vietnam shall:
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b) Promulgate reference
dose levels for patients in medical diagnosis.
Article
7. Environmental radiation monitoring and warning
1. The national
environmental radiation monitoring and warning network shall be organized in a
unified manner throughout the country, comprising:
a) The environmental
radiation monitoring and warning operation center;
b) Regional environmental
radiation monitoring and warning stations;
c) Provincial
environmental radiation monitoring and warning stations;
d) Establishment-level
environmental radiation monitoring and warning stations;
The environmental
radiation reconnaissance, supervision, monitoring, and warning system in the
Army.
2. The national
environmental radiation monitoring and warning network shall have the following
tasks:
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b) Provide early warning,
information, and data serving prevention and combat against nuclear weapons,
civil defense, and incident response;
c) Supervise the impacts
of nuclear establishments, radiation establishments, and nuclear incidents
outside the territory that may affect Vietnam;
d) Provide databases
serving state management of atomic energy, radiation safety, and nuclear
safety, integrated with the national environmental database.
3. The environmental
radiation monitoring and warning operation center shall have the following
tasks:
a) Connect to and
continuously collect online data from monitoring stations and monitoring points
under regional, provincial, and establishment-level environmental radiation
monitoring and warning stations;
b) Process and analyze
monitoring results, and develop, operate, and update the national environmental
radiation database;
c) Integrate and share
information with other specialized monitoring systems;
d) Carry out warning and early
forecasting upon detection of abnormal developments;
dd) Provide technical
support to management authorities and response forces in the analysis and
assessment of radiation developments, and in the command and operation of
response to radiation incidents and response to nuclear incidents.
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a) Receive, store, and
transmit online monitoring data from provincial environmental radiation
monitoring stations and monitoring points within their assigned management
areas;
b) Conduct monitoring,
collection, processing, and analysis of radiological indicators in
environmental components (air, water, soil, biota, foodstuffs);
c) Analyze, aggregate,
and assess environmental radiation monitoring results within provinces and
cities in the region;
d) Provide and update
data to the operation center of the national environmental radiation monitoring
and warning network;
dd) Participate in
technical support and directly conduct on-site assessments under provincial and
establishment-level radiation or nuclear incident response plans, as assigned
by the Ministry of Science and Technology of Vietnam.
5. Provincial
environmental radiation monitoring and warning stations, being networks of
stations and monitoring locations organized by provincial People’s Committees,
shall have the following tasks:
a) Monitor and supervise
environmental radiation within the province;
b) Detect and provide
timely warnings of abnormal developments in environmental radiation arising
from the activities of radiation establishments and nuclear establishments
within the province;
c) Cooperate in sharing
and continuously transmitting monitoring data to the operation center of the
national environmental radiation monitoring and warning network.
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a) Detect and provide
timely warnings of abnormal developments in environmental radiation arising
from the activities of establishments;
b) Share and continuously
transmit monitoring data to the data management system of competent state
authorities, in accordance with the guidelines of the Ministry of Science and
Technology of Vietnam;
c) Comply with national
standards and technical regulations on radiation monitoring;
d) Carry out periodic
calibration of monitoring devices in accordance with regulations.
7. The environmental
radiation reconnaissance, supervision, monitoring, and warning system in the
Army shall have the following tasks:
a) Prevent and combat
nuclear weapons, and conduct radiation supervision during training, drills, and
emergencies related to radiation incidents and nuclear incidents;
b) Conduct monitoring,
detection, and warning of environmental radiation in accordance with the
regulations of the Ministry of National Defense of Vietnam;
c) Share and exchange
radiation monitoring data with the operation center of the national environmental
radiation monitoring and warning network for nationwide aggregation, analysis,
and early warning.
8. Organizations
operating nuclear power plants, organizations operating research reactors,
uranium enrichment establishments, nuclear fuel fabrication establishments,
establishments for treatment, storage, and disposal of radioactive waste and
spent nuclear fuel, and establishments for extraction and processing of
radioactive minerals shall be responsible for establishing, managing, and
operating establishment-level environmental radiation monitoring and warning
stations.
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a) Develop and submit to
the Prime Minister of Vietnam for promulgation a decision on the establishment
of the national environmental radiation monitoring and warning network;
b) Promulgate technical
requirements for sites for construction, human resources, infrastructure, and
principal devices of the national environmental radiation monitoring and
warning network;
c) Promulgate
technical-economic norms, standards, technical regulations, lists of devices,
radiological indicators, and monitoring frequencies applicable to the
environmental radiation monitoring and warning network at all levels;
d) Take charge and
cooperate with the Ministry of Agriculture and Environment of Vietnam and other
relevant ministries and central authorities in developing cooperation
regulations regarding the organization, operation, management, and data sharing
among radiation monitoring systems and the national environmental monitoring
system;
dd) Manage and operate
the operation center and regional environmental radiation monitoring and
warning stations under the national environmental radiation monitoring and
warning network, ensuring connection, data collection, analysis, processing,
and timely disclosure of information;
e) Provide information
and early warnings on abnormal developments to competent authorities for the
direction of response to radiation incidents and nuclear incidents;
g) Periodically provide
environmental radiation monitoring results annually to the Ministry of Public
Security of Vietnam and the Ministry of National Defense of Vietnam in service
of national defense and security tasks, and aggregate and report to the Prime
Minister of Vietnam on the operation status, monitoring results, and
environmental radiation warnings.
10. The Ministry of
Agriculture and Environment of Vietnam shall:
a) Cooperate with the
Ministry of Science and Technology of Vietnam in developing and promulgating
standards, technical regulations, technical-economic norms, and environmental
radiological indicators;
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c) Provide online
meteorological and climatic information to the operation center of the national
environmental radiation monitoring and warning network for modeling and
calculation of radioactive contamination dispersion in incidents;
d) Cooperate with the
Ministry of Science and Technology of Vietnam in the deployment, installation,
and operation of environmental radiation monitoring devices integrated into
meteorological stations and marine meteorological stations under the national
hydro-meteorological station network.
11. The Ministry of
National Defense of Vietnam shall:
a) Take charge and
cooperate with the Ministry of Science and Technology of Vietnam in developing,
putting into operation, and managing the military environmental radiation
reconnaissance, supervision, monitoring, and warning system;
b) Develop cooperation
mechanisms and information and data sharing mechanisms between the military
radiation reconnaissance system and the national environmental radiation
monitoring and warning network, ensuring safety, confidentiality,
effectiveness, and timeliness in emergencies;
c) Expand and consolidate
the military radiation reconnaissance system.
12. People’s Committees
of provinces shall:
a) Cooperate with the
Ministry of Science and Technology of Vietnam in developing, putting into
operation, and managing the provincial environmental radiation monitoring and
warning network in accordance with approved planning;
b) Ensure specific
conditions in terms of human resources, infrastructure, devices, and funding
for environmental radiation monitoring and warning activities in their areas;
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d) Promptly report and
cooperate in handling upon detecting abnormal developments in environmental
radiation within their areas.
Article
8. Radiation measurement, inspection of radioactive devices and nuclear
devices, and calibration of radiation measuring devices
1. Organizations and
individuals shall carry out inspections of radioactive devices and nuclear
devices in the following cases:
a) Before the devices are
put into use;
b) Periodically in
accordance with regulations;
c) After reinstallation
or repair of radioactive devices or nuclear devices, which affects the safety
performance and accuracy of the devices.
2. Organizations and
individuals shall carry out calibration of radiation measuring devices in the
following cases:
a) Before the devices are
put into use, except where the devices have a valid calibration certificate
issued by the manufacturer;
b) Periodically in
accordance with regulations;
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3. The list of radioactive
devices subject to inspection and the inspection frequency are prescribed in
Appendix II enclosed with this Decree.
4. Organizations and
individuals shall repair and recalibrate radioactive devices, nuclear devices,
and radiation measuring devices when such devices are damaged or operate
abnormally, resulting in failure to ensure accurate operation in accordance
with their technical specifications, before they may continue to be used.
5. The Ministry of
Science and Technology of Vietnam shall:
a) Organize the
establishment, maintenance, preservation, and use of the national radiation
measurement standards system, and organize the comparison and linkage of
standards with international standards;
b) Promulgate national
standards and technical regulations on inspection of radioactive devices and
nuclear devices, and calibration of radiation measuring devices.
Article
9. Minimization of harmful effects of existing irradiation to humans
1. Locations subject to
survey and assessment of existing irradiation levels include:
a) Locations contaminated
by radioactive substances after the official announcement of the termination of
a radiation incident or nuclear incident;
b) Locations with
abnormally high radioactivity concentrations of uranium-238, thorium-232, and
potassium-40 radioisotopes in soil and rock;
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d) Locations with
groundwater containing high concentrations of radon or thoron;
dd) Locations of
radioactive mineral extraction and processing establishments that have been
closed or relocated.
2. The Ministry of
Agriculture and Environment of Vietnam shall take charge and cooperate with the
Ministry of Science and Technology of Vietnam and relevant ministries and central
authorities in organizing surveys and assessments of the locations specified in
Clause 1 of this Article; notify provincial People’s Committees to cooperate in
developing plans and implementing necessary measures to reduce harmful effects
on humans to the lowest possible level.
3. The Ministry of
Science and Technology of Vietnam shall develop national standards and
technical regulations on existing irradiation affecting humans.
Article
10. Assessment of security threats to nuclear materials and radioactive sources
1. Assessment of security
threats to nuclear materials and radioactive sources means the identification
of the motivation, intent, and capacity of internal adversaries, external adversaries,
or collusion between internal and external adversaries to carry out acts such
as theft, sabotage, unauthorized access, transport, illegal transfer, or other
harmful acts related to nuclear materials or radioactive sources.
2. The Ministry of Science
and Technology of Vietnam shall take charge and cooperate with the Ministry of
Public Security of Vietnam and the Ministry of National Defense of Vietnam in:
a) Stipulating and
providing detailed guidelines on the content, methods, and forms of reporting
on security threat assessments for nuclear materials and radioactive sources;
b) Organizing periodic or
ad-hoc assessments of security threats to nuclear materials and radioactive
sources;
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3. Ministries, central
authorities, and local authorities shall, within the scope of their assigned
functions and tasks, be responsible for cooperating, providing, and sharing
relevant information with the Ministry of Science and Technology of Vietnam,
the Ministry of Public Security of Vietnam, and the Ministry of National
Defense of Vietnam for the purpose of assessing security threats to nuclear
materials and radioactive sources.
Article
11. Responsibilities of agencies, organizations, and individuals in ensuring
nuclear security
1. Organizations and individuals
that use or store radioactive sources and nuclear materials shall:
a) Develop and implement
nuclear security assurance measures for the use and storage of radioactive
sources corresponding to the hazard level of radioactive sources, in accordance
with Appendix III enclosed with this Decree; and develop and implement physical
protection measures for nuclear materials during storage and use, corresponding
to the groups of nuclear materials specified in Appendix IV enclosed with this
Decree;
b) Conduct periodic
inventory of radioactive sources in accordance with Appendix V enclosed with
this Decree;
c) Develop and organize
the implementation of a personnel reliability assessment program for personnel
working in positions related to nuclear security, including background
verification, ethical qualities, professional competence, and levels of access
to nuclear materials;
d) Cooperate with public
security authorities and state management authorities in the prevention,
detection, and suppression of acts of appropriation or illegal use of
radioactive sources and nuclear materials;
dd) Promptly report any
loss, misplacement, or suspected appropriation of radioactive sources or
nuclear materials.
2. The Ministry of
Science and Technology of Vietnam shall be responsible for stipulating,
guiding, and inspecting the implementation of:
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b) Requirements and
criteria for assessment of radioactive source assurance plans, physical
protection systems for nuclear materials, and nuclear material security
assurance plans.
Article
12. Detection and handling of radioactive sources, nuclear materials, and
nuclear devices outside regulatory control
1. Organizations and
individuals that detect radioactive sources, nuclear materials, or nuclear devices
outside regulatory control shall immediately notify one of the following
authorities: the commune-level People’s Committee nearest to the location, the
specialized agency assisting the provincial People’s Committee in state
management of atomic energy, the Vietnam Agency for Radiation and Nuclear
Safety, public security authorities, or the state management authority for
prevention and combat against the proliferation of weapons of mass destruction.
2. Establishments that
use scrap iron and steel as production materials shall be responsible for
equipping devices or applying appropriate technical measures to detect and
prevent the introduction of radioactive sources or nuclear materials outside
regulatory control into the production process.
3. Medical establishments
shall be responsible for promptly notifying the specialized agencies assisting
the provincial People’s Committees in state management of the health sector and
atomic energy upon detecting signs or symptoms suspected to be caused by
exposure to ionizing radiation.
4. Provincial People’s
Committees shall handle incidents occurring within their areas, and organize
the implementation of the provincial radiation emergency and nuclear emergency
response plan in cases involving the detection of radioactive sources, nuclear
materials, or nuclear devices outside regulatory control.
5. The Ministry of
Science and Technology of Vietnam shall take charge and cooperate with the
Ministry of Public Security of Vietnam and other relevant agencies in:
a) Cooperating with the
provincial People’s Committee in handling radioactive sources, nuclear
materials, and nuclear devices outside regulatory control;
b) Directing the Vietnam
Agency for Radiation and Nuclear Safety to provide professional guidance and
technical support to local authorities in the verification, search, and
response to situations involving radioactive sources, nuclear materials, and
nuclear devices outside regulatory control;
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d) Periodically assessing
the effectiveness of the system for detection and handling of radioactive
sources, nuclear materials, and nuclear devices outside regulatory control, and
updating inter-sectoral cooperation and handling programs;
dd) Providing technical
guidance, training, and data sharing related to radioactive sources, nuclear
materials, and nuclear devices outside regulatory control;
e) Developing cooperation
and handling mechanisms for the inspection and detection of radioactive
materials at border checkpoints, informal border crossings, and locations of
importance to national security.
Article
13. Funding for ensuring detection, search, handling, and storage of radioactive
sources, nuclear materials, and nuclear devices outside regulatory control
1. Funding for activities
related to the detection, search, handling, and storage of radioactive sources,
nuclear materials, and nuclear devices outside regulatory control shall be
covered by the state budget, allocated in the estimates of relevant ministries,
central authorities, and local authorities, including:
a) Funding for investment
in equipment, vehicles, technical infrastructure, and temporary storage
establishments for radioactive sources, nuclear materials, and nuclear devices;
b) Funding for search,
recovery, handling, transport, and safe storage of radioactive sources, nuclear
materials, and nuclear devices outside regulatory control;
c) In emergency cases,
the provincial People’s Committee may advance funding from the local budget
contingency reserve to promptly implement search and handling activities; the
use and settlement of such funding shall comply with the state budget law.
2. Where an organization
or individual is identified as the owner or custodian of radioactive sources,
nuclear materials, or nuclear devices that have been appropriated, lost,
abandoned, or illegally transferred, such organization or individual shall be
required to reimburse all costs incurred for the search, handling, and storage
as specified in Clause 1 of this Article; depending on the nature and severity
of the violation, they may be subject to disciplinary measures, administrative
penalties, or criminal prosecution.
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TRANSPORT
AND TRANSIT OF RADIOACTIVE MATERIALS AND IMPORT AND EXPORT OF RADIOACTIVE
MATERIALS AND NUCLEAR DEVICES
Article
14. Regulations on packaging of radioactive consignments during transport
1. Radioactive materials
shall be packaged and labeled in radioactive consignments in accordance with
regulations on the safe transport of radioactive materials.
2. Radioactive
consignments shall be designed, fabricated, and tested to ensure safety
commensurate with the hazard level of the radioactive materials.
3. Radioactive
consignments shall be used exclusively to contain radioactive materials and
necessary accompanying documents and auxiliary items related to the radioactive
materials being transported.
Article
15. Responsibilities of agencies, organizations, and individuals in transport
1. Transport shall only
be carried out where one of the following organizations or individuals has been
granted a transport license: the consignor, the carrier, or the consignee.
2. Responsibilities of
the consignor:
a) Package radioactive
materials for transport in accordance with Article 14 of this Decree;
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c) Cooperate with the
carrier in guiding transport personnel to comply with the transport license and
the transport contract;
d) Retain records
relating to the consignment.
3. Responsibilities of
the carrier:
a) Implement the safety
assurance plan and the emergency response plan for the transport of radioactive
materials;
b) Comply with the
radiation work license relating to transport and the transport contract, and
accept transport only where consignments have complete procedures, valid
dossiers, and packaging ensuring transport safety;
c) Inspect the transport
license and the packaging condition of the consignment before acceptance for
transport;
d) Refrain from refusing
to transport radioactive materials that have been packaged in accordance with
this Decree and meet the legal conditions for transport;
dd) Cooperate with the
consignor in guiding transport personnel to comply with the radiation work
license relating to transport and the transport contract;
e) Immediately notify the
Vietnam Agency for Radiation and Nuclear Safety when a radioactive consignment
has no consignee.
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a) Cooperate with the
consignor and the carrier in ensuring safe, timely receipt, and the prompt
clearance of radioactive consignments from the receiving location;
b) Participate in
consequence remediation together with relevant organizations and individuals
when an incident occurs;
c) Notify within 24 hours
the consignor and the Vietnam Agency for Radiation and Nuclear Safety upon
detecting that the received goods do not conform to the transport contract in
terms of type or quantity, or where radioactive consignments show signs of
damage, dismantling, or radioactive leakage.
5. Responsibilities of
organizations and individuals storing radioactive consignments at transshipment
warehouses:
a) Prioritize receipt or
clearance of radioactive consignments during transshipment;
b) Store radioactive
consignments at transshipment warehouses in compliance with safety and security
requirements in accordance with the law on atomic energy;
c) Implement safety
measures and immediately report to the Vietnam Agency for Radiation and Nuclear
Safety and relevant competent authorities upon detecting damage, dismantling,
radioactive leakage, or unclaimed consignments;
d) Respond to incidents
and participate in consequence remediation together with the carrier and
consignee when an incident occurs.
6. Consignors, carriers,
and consignees shall be responsible for developing and implementing security
assurance measures during transport, including:
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b) Developing and
implementing physical protection measures for nuclear materials during
transport, corresponding to the groups of nuclear materials, in accordance with
Appendix IV promulgated together with this Decree.
7. Responsibilities
relating to transit:
a) Transit activities of
seagoing vessels or other vehicles powered by atomic energy, and transit of
nuclear devices within the territory of Vietnam, shall be subject to written
approval by the Prime Minister of Vietnam;
b) Transit of radioactive
materials shall be subject to written approval by the Prime Minister of
Vietnam, and comply with Articles 32 and 46 of Chapter V of this Decree, except
for radioactive sources specified in Point c of this Clause;
c) Transit of radioactive
sources of medium and below-medium hazard levels shall comply with Articles 32
and 46 of Chapter V of this Decree;
d) The Vietnam Agency for
Radiation and Nuclear Safety and relevant authorities shall carry out radiation
and nuclear safety supervision of the activities specified in Points a and b of
this Clause after receiving notification and direction from the competent authority.
8. The Ministry of Public
Security of Vietnam shall be responsible for organizing security assurance for
the transport of nuclear fuel and nuclear devices.
9. The Ministry of
Science and Technology of Vietnam shall be responsible for providing guidelines
on the safe transport of radioactive materials.
Article
16. Control of import and export of radioactive materials and nuclear devices
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a) Prioritize customs
clearance procedures for radioactive materials and nuclear devices that fully
satisfy conditions regarding packaging, transport, and import and export
licenses in accordance with Articles 30, 31, 32, 44, 45, and 46 of this Decree;
b) Where radioactive
materials or nuclear devices fail to satisfy the conditions specified in Point
a of this Clause, prepare records, seize the goods, and apply safety and
security measures in accordance with regulations, and immediately notify the
Ministry of Science and Technology of Vietnam through the Vietnam Agency for
Radiation and Nuclear Safety for cooperation in handling;
c) Where a radiation
incident or nuclear incident occurs involving radioactive materials or nuclear
devices at border checkpoints, implement planned response measures in
accordance with regulations and guidelines of the Ministry of Science and
Technology of Vietnam, and immediately notify the provincial People’s Committee
where the incident occurs and the Vietnam Agency for Radiation and Nuclear
Safety for cooperation in handling.
2. Other authorities at
border checkpoints, within the scope of their functions and tasks, shall be
responsible for assisting and cooperating with customs authorities in the cases
specified in Points b and c of Clause 1 of this Article.
3. The Ministry of
Science and Technology of Vietnam shall:
a) Provide professional
guidelines and technical support to customs authorities in the control of the
import and export of radioactive materials and nuclear devices;
b) Take charge and
cooperate with the provincial People’s Committee and relevant authorities in
promptly handling the cases specified in Points b and c of Clause 1 of this
Article upon receipt of notification.
4. The Ministry of
Finance of Vietnam shall take charge and cooperate with the Ministry of Science
and Technology of Vietnam in establishing procedures and systems, equipping
technical means, and implementing necessary measures to detect radioactive
sources and nuclear materials at border checkpoints.
5. Provincial People’s
Committees shall:
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b) Cooperate with the
Ministry of Science and Technology of Vietnam in the handling of radiation
incidents and nuclear incidents.
Article
17. Control of import of irradiated consumer goods and goods showing signs of
containing radioactive substances or radioactive contamination
1. The import of
irradiated consumer goods and goods showing signs of containing radioactive
substances or radioactive contamination shall ensure radiation safety and
public health safety, be consistent with international standards and
international treaties to which Vietnam is a signatory, and comply with the
lists and irradiation dose levels promulgated by competent state authorities.
2. Relevant ministries
and central authorities shall have the following responsibilities:
a) Promulgate lists of
consumer goods permitted to be irradiated and irradiation dose levels
applicable to goods in accordance with the law on food safety;
b) Manage the import and
circulation of irradiated consumer goods or goods containing radioactive
substances, and inspect irradiation labeling in accordance with the law on
product and goods quality.
3. The Ministry of
Science and Technology of Vietnam shall be responsible for stipulating the list
of imported goods subject to radiation inspection.
4. The Ministry of
Finance of Vietnam shall cooperate with relevant ministries and central
authorities in controlling the import of irradiated consumer goods or goods
containing radioactive substances. Imported goods subject to radiation
inspection shall be determined based on lists promulgated by competent
ministries and central authorities.
5. The Ministry of
Science and Technology of Vietnam, the Ministry of Health of Vietnam, the
Ministry of Agriculture and Environment of Vietnam, and other relevant
ministries and central authorities shall, periodically or when practical
shortcomings are identified, review and update the lists and irradiation dose
levels applicable to irradiated consumer goods or goods containing radioactive
substances.
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RADIOACTIVE
WASTE, SPENT RADIOACTIVE SOURCES, AND SPENT NUCLEAR FUEL
Article
18. Management of radioactive waste and spent nuclear fuel
1. Stages of radioactive
waste management shall include:
a) Generation of
radioactive waste: radioactive waste generated from licensed radiation work or
radioactive waste generated from past activities;
b) Pre-disposal:
activities involving the management of radioactive waste before disposal,
including control and minimization of radioactive waste, collection,
classification/segregation, treatment, and storage of radioactive waste;
c) Clearance of
radioactive waste where the radioactivity concentration or total radioactivity
is less than or equal to the disposal level;
d) Disposal of
radioactive waste after a radiation work license has been granted by the Vietnam
Agency for Radiation and Nuclear Safety (radioactive waste disposal). Before
disposal, radioactive waste shall be managed through the steps specified in
Point b of this Clause.
2. Classification of
radioactive waste:
a) Radioactive waste
shall be classified into 3 categories: low-level radioactive waste,
intermediate-level radioactive waste, and high-level radioactive waste;
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3. Management of
low-level and intermediate-level radioactive waste:
Organizations and
individuals generating low-level or intermediate-level radioactive waste shall:
a) Collect, segregate,
treat, and store radioactive waste at the establishment in accordance with the
regulations of the Ministry of Science and Technology of Vietnam, and
thereafter transfer such waste to an organization specified in Clause 6 of this
Article;
b) Carry out clearance
where the radioactivity concentration or total radioactivity of radioactive
waste is less than or equal to the disposal level in accordance with Appendix
XII promulgated together with this Decree.
4. Management of spent
nuclear fuel and high-level radioactive waste:
Organizations and individuals
generating spent nuclear fuel or high-level radioactive waste shall:
a) Manage spent nuclear
fuel and high-level radioactive waste in accordance with the management plan
set out in the dossier for licensing and appraised by the Ministry of Science
and Technology of Vietnam, until one of the options specified in Point b of
this Clause is selected;
b) Manage spent nuclear
fuel and high-level radioactive waste in accordance with one of the following
options: long-term storage of spent nuclear fuel at a separate location, remote
from the reactor; deep geological disposal of spent nuclear fuel and high-level
radioactive waste; reprocessing of spent nuclear fuel; return of spent nuclear
fuel to the supplying country;
c) The selection of a
management option shall be researched, considered, and assessed on the basis of
the level of development of nuclear science and technology, international
experience, and international commitments to which Vietnam is a signatory.
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a) Organizations and
individuals generating waste from the exploration, extraction, or processing of
radioactive minerals shall be responsible for classifying waste based on the
radioactivity concentration of naturally occurring radionuclides in the waste
and for managing such waste on the basis of the annual effective dose that a
worker or a member of the public is expected to receive due to the waste;
b) The classification and
management of waste specified in Point a of this Clause shall be carried out in
accordance with national technical regulations promulgated by the Ministry of
Science and Technology of Vietnam.
6. Organizations for
treatment, storage, and disposal of radioactive waste, spent radioactive
sources, and spent nuclear fuel shall be organizations licensed to conduct
radiation work relating to the treatment, storage, and disposal of radioactive
waste, spent radioactive sources, and spent nuclear fuel, including:
a) National organizations
for the treatment, storage, and disposal of radioactive waste, spent
radioactive sources, and spent nuclear fuel;
b) Provincial
organizations for the concentrated treatment, storage, and disposal of
radioactive waste;
c) Other organizations
for the concentrated treatment and storage of spent radioactive sources and
radioactive waste at planned locations; and organizations for concentrated
storage of spent radioactive sources invested in by the State.
Article
19. Management of spent radioactive sources
Organizations and
individuals generating spent radioactive sources shall be responsible for
managing such spent radioactive sources in accordance with one of the following
options:
1. Returning the sources
to the manufacturer or foreign supplier.
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3. Transferring the
sources to an organization specified in Clause 6 of Article 18 of this Decree.
4. Carrying out clearance
of spent radioactive sources where the total radioactivity is less than or
equal to the disposal level.
5. Storing the sources at
the establishment under conditions that ensure radiation safety and radioactive
source security until one of the options specified in Clauses 1, 2, 3, or 4 of
this Article is implemented.
Article
20. Responsibilities of ministries and central authorities in management of
radioactive waste, spent radioactive sources, and spent nuclear fuel
1. The Ministry of
Science and Technology of Vietnam shall:
a) Promulgate regulations
on the collection, treatment, and storage before disposal of radioactive waste,
spent radioactive sources, and spent nuclear fuel; and on the transfer of
radioactive waste, spent radioactive sources, and spent nuclear fuel;
b) Promulgate
requirements for site selection, design, construction, operation,
decommissioning, and closure of establishments for the treatment, storage, and
disposal of radioactive waste, spent radioactive sources, and spent nuclear
fuel, as well as relevant standards and technical regulations;
c) Take charge and
cooperate with relevant ministries and central authorities in conducting
surveys and assessments of national sites for the treatment, storage, and
disposal of radioactive waste, spent radioactive sources, and spent nuclear
fuel; and organize the development of planning contents for such sites to be
integrated into the environmental protection planning;
d) Take charge and
cooperate with the Ministry of Agriculture and Environment of Vietnam and other
relevant ministries and central authorities in approving sites for the
treatment, storage, and disposal of radioactive waste, spent radioactive
sources, and spent nuclear fuel in accordance with the approved planning and in
compliance with environmental protection law and atomic energy law;
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e) Conduct scientific
research and technological development in radiation safety, nuclear safety, and
nuclear security in the management of radioactive waste, spent radioactive
sources, and spent nuclear fuel.
2. The Ministry of
Agriculture and Environment of Vietnam shall cooperate with the Ministry of
Science and Technology of Vietnam in guiding the preparation, appraisal, and
approval of environmental impact assessment reports for establishments for the
treatment, storage, and disposal of radioactive waste, spent radioactive
sources, and spent nuclear fuel.
a) Conducting site surveys
and assessments for provincial establishments for concentrated treatment,
storage, and disposal of radioactive waste in accordance with the criteria
promulgated by the Ministry of Science and Technology of Vietnam; and
organizing the development of planning contents for such sites to be integrated
into the provincial planning;
b) Cooperating with state
management authorities and relevant organizations in carrying out dissemination
activities to enhance public awareness and consensus;
c) Taking charge and
cooperating with the Ministry of Science and Technology of Vietnam in
inspecting and supervising compliance with the atomic energy law in the
management of radioactive waste, spent radioactive sources, and spent nuclear
fuel within their jurisdiction.
Chapter
V
REGULATIONS
ON COMMENCEMENT OF RADIATION WORK AND SUPPORT SERVICE ACTIVITIES FOR
APPLICATION OF ATOMIC ENERGY
Section
1. GENERAL PROVISIONS
Article
21. Radiation work and support service activities for application of atomic
energy
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a) Operation of
irradiation equipment, and use of radioactive devices;
b) Use of radioactive
sources;
c) Production and
processing of radioactive substances;
d) Treatment, storage,
and disposal of radioactive waste, spent radioactive sources, and spent nuclear
fuel; storage of radioactive sources;
dd) Change of the scale
and scope of operation of radiation establishments;
e) Import of radioactive
substances, source nuclear materials, nuclear materials, and nuclear devices;
g) Export of radioactive
substances, source nuclear materials, nuclear materials, and nuclear devices;
h) Packaging, transport,
and transit of radioactive substances, source nuclear materials, nuclear
materials, and radioactive waste;
i) Exploration,
extraction, and processing of radioactive minerals;
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2. Support service
activities for the application of atomic energy within the scope of this Decree
include:
a) Radiation safety
training; professional training and advanced training for individuals providing
the services specified in Points b through i of this Clause (hereinafter
referred to as “professional and advanced training”);
b) Installation of
radioactive sources; installation, maintenance, and repair of radioactive
devices;
c) Personal dose
monitoring;
d) Assessment of
radioactivity;
dd) Inspection of
radioactive devices;
e) Calibration of
radiation measuring devices;
g) Radiation
decontamination;
h) Radiation monitoring;
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3. Individuals performing
any of the following tasks must hold a radiation worker certificate:
a) Chief engineer or
director of a nuclear reactor;
b) Shift supervisor or
operating crew leader of a nuclear reactor;
c) Radiation safety
officer;
d) Radiation
decontamination supervisor;
dd) Person in charge of
radiation and nuclear incident response;
e) Nuclear fuel manager;
g) Nuclear reactor
operator;
h) Accelerator operator;
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k) Personnel engaged in
the production and processing of radioactive substances;
l) Industrial radiography
personnel.
4. Export and import
activities relating to radiopharmaceuticals and radioactive materials used as
pharmaceutical ingredients that are radioactive substances shall be governed by
the pharmaceutical law.
Article
22. General requirements for carrying out radiation work and activities of
supporting services for application of atomic energy
1. Organizations and
individuals carrying out the radiation work specified in Clause 1 Article 21 of
this Decree shall obtain a radiation work license, except for work related to:
a) Radioactive devices
and radioactive sources that are exempted from declaration and licensing in
accordance with the National Technical Regulation on Radiation protection –
Exemption from requirements of notification and licensing;
b) Irradiated consumer
goods or consumer goods containing radioactive substances;
c) Utilization of
radiation beams from irradiation channels of a research reactor;
d) Radioactive waste and
spent nuclear fuel arising from licensed radiation work, which are explained in
the management process in the dossier for licensing;
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2. Organizations
operating research reactors and utilizing radiation beams from irradiation
channels of research reactors shall comply with the regulations on radiation
safety, nuclear safety, and nuclear security applicable to activities related
to research reactors, as provided in the Decree elaborating certain articles
and implementation measures of the Law on Atomic Energy regarding nuclear power
plants and research reactors.
3. Establishments
specified in Article 16 of the Law on Atomic Energy shall obtain approval from
the Vietnam Agency for Radiation and Nuclear Safety for the safety analysis
report during the construction of a radiation establishment prior to
construction, renovation, or expansion of radiation work areas (including
device rooms and controlled areas), except for the following establishments:
a) Establishments
operating irradiation devices with self-shielding structures in accordance with
the manufacturer’s design;
b) Establishments
operating mobile accelerators used for cargo inspection scanning.
4. Organizations and individuals
applying for a radiation work license, as well as organizations applying for a
certificate of registration of services supporting the application of atomic
energy, shall be legally established and operating, except for foreign
organizations applying for a transit license for nuclear materials.
5. After 30 days from the
date of receipt of a radioactive source, if a dossier for a license for use of
radioactive sources or operation of irradiation devices using radioactive
sources has not been submitted, the organization or individual shall submit a
dossier for a license for storage of radioactive sources.
6. Organizations and
individuals granted a license for use of radioactive sources, when suspending
the use of radioactive sources for 6 months or more, shall report to the
Vietnam Agency for Radiation and Nuclear Safety, enclosing a safety assessment
report explaining measures to ensure radiation safety and radioactive source
security during the storage of radioactive sources, in accordance with Form No.
06, Appendix IX enclosed with this Decree.
7. Before termination of
operation, the following radiation establishments shall obtain a license for
termination of operation of radiation establishments:
a) Industrial irradiation
establishments using radioactive sources;
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c) Other radiation
establishments generating radioactive waste during radiation work.
8. Organizations and
individuals owning irradiation devices, radioactive devices, and radioactive
sources shall retain complete documents and records that demonstrate the
technical specifications of irradiation devices, radioactive devices,
radioactive sources, and radioactive waste in accordance with the applicable
regulations. Irradiation devices, radioactive devices, radioactive sources, and
radioactive waste shall have characteristic technical specifications specified
according to the corresponding forms in Appendix VII enclosed with this Decree.
9. Information on
irradiation devices, radioactive devices, and radioactive sources shall be
determined based on manufacturer’s documentation, including model code, serial
number, and characteristic technical specifications. Where required information
is unavailable according to the corresponding declaration form, it shall be
determined by one of the following methods:
a) Information on labels
or markings affixed to the device body or radioactive source capsule;
b) Information on devices
or radioactive sources with the same model code currently manufactured by the
original manufacturer;
c) Information contained
in a previously issued license (if any), inspection results for irradiation
devices and radioactive devices, or radioactivity assessment results for
radioactive sources conducted by an organization holding a certificate of
registration of services supporting the application of atomic energy;
d) Where model code and
serial number are unavailable, the organization or individual shall assign such
model code and serial number to the radioactive source and device;
dd) Where information on
maximum current and maximum voltage of radioactive devices is unavailable, the
organization or individual shall provide information on maximum power,
operating parameters, or actual operating settings of the device.
10. Organizations and
individuals carrying out supporting services for the application of atomic
energy specified in Clause 2 Article 21 of this Decree shall obtain a
certificate of registration of services supporting the application of atomic energy
(for organizations) and a practice certificate for services supporting the
application of atomic energy (for individuals).
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12. Organizations and
individuals engaged in the exploration, extraction, and processing of
radioactive minerals shall:
a) Update and supplement
the radiation safety assessment report in accordance with Form No. 13 of
Appendix IX promulgated together with this Decree, including the following
contents: results of environmental radiation monitoring; measures for the
management of radioactive waste; and assessment of the implementation of
commitments to ensure radiation safety for radiation workers and the public;
b) Where an organization
or individual processing radioactive minerals changes the purpose or scale of
operation of the processing plant, it shall prepare a radiation safety
assessment report in accordance with Form No. 13 of Appendix IX promulgated
together with this Decree and submit it to the Vietnam Agency for Radiation and
Nuclear Safety for appraisal in accordance with Article 60 of this Decree.
13. Organizations and
individuals granted a radiation work license, radiation worker certificate,
certificate of registration of services supporting the application of atomic
energy, or practice certificate for services supporting the application of
atomic energy shall be responsible for updating information on the Digital
Platform, as follows:
a) Organizations granted
a radiation work license shall update information on the periodic report on the
status of radiation safety in radiation work before November 20 each year;
b) Organizations granted
licenses for import, export, transport (excluding transport of
radiopharmaceuticals), or transit shall update the results of licensed
activities within 10 days from the date of completion, including information on
radioactive materials, time, location, involved parties, confirmation of safe
handover, and any arising incidents (if any). Radiation incidents or security
incidents related to radioactive materials during transport, export, or import
shall be reported in accordance with regulations on radiation and nuclear
incident response;
c) Organizations granted
licenses for the transport of radiopharmaceuticals shall periodically, every 3
months, update transport results of radioactive sources, including the
following information: transport vehicles, number of consignments, total
activity transported per consignment, and handover records for each transported
consignment;
d) Organizations
conducting radiation work, after being granted licenses for the operation of
irradiation devices, brachytherapy devices using radioactive sources, and the
use of radioactive sources in industrial radiography devices, shall only be required
to carry out the procedure for declaration of full information on radioactive
sources in accordance with the declaration form No. 04 of Appendix VII
promulgated together with this Decree after each loading or replacement of
radioactive sources within the validity period of the license;
dd) Organizations granted
a radiation work license or a certificate of registration of services
supporting the application of atomic energy shall update, once every 6 months,
information on the operational status of radiation workers and service
personnel, including: radiation safety training, professional advanced
training, and personal dose reading results of radiation workers and service
personnel supporting the application of atomic energy;
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Section
2. CONDITIONS AND PROCEDURES FOR GRANTING RADIATION WORK LICENSES
Subsection
1. CONDITIONS FOR GRANTING RADIATION WORK LICENSES
Article
23. Conditions for granting licenses for operation of accelerators,
radiotherapy devices, or irradiation devices for sterilization, mutation
induction, material processing, and blood irradiation
The conditions for
granting a license for the operation of irradiation devices (accelerators,
radiotherapy devices, or irradiation devices for sterilization, mutation
induction, material processing, and blood irradiation) include:
1. Human resources
a) Radiation workers must
have received professional training in the operation of irradiation devices;
and must possess a radiation safety training certificate and a radiation worker
certificate in accordance with Points h and i Clause 3 Article 21 of this
Decree;
b) There must be a person
responsible for radiation safety. The person responsible for radiation safety
must hold a radiation worker certificate;
c) In the case of
operation of remote radiotherapy devices: each device must have at least 1
worker holding a bachelor’s degree or higher in medical physics, or having an
equivalent qualification that is recognized or certified;
d) In the case of
operation of brachytherapy devices: each radiation establishment must have at
least 1 worker holding a bachelor’s degree or higher in medical physics, or
having an equivalent qualification that is recognized or certified.
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a) Compliance with
regulations on the control and assurance of radiation safety in occupational
exposure and public exposure, ensuring that radiation dose levels under normal
working conditions for radiation workers and the public comply with Clause 1
Article 5 of this Decree; establishment of controlled areas and supervised
areas in accordance with Clause 2 Article 5 of this Decree; issuance of
radiation safety rules appropriate to the radiation work, including regulations
on compliance with operating procedures and safety instructions, use of
personal protective equipment, radiation measuring devices, and personal
dosimeters, and responsibilities for reporting abnormal phenomena that may
cause loss of radiation safety or radioactive source security;
b) Radiation warning
signs in accordance with National Standard TCVN 7468:2005 (ISO 361:1975) on
Radiation protection - Basic ionizing radiation symbol and the National
Standard TCVN 8663:2011 (ISO 21482:2007) on lonizing radiation warning -
Supplementary symbol;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers at least once
every 3 months;
d) In the case of
operation of irradiation devices, the following must be available: portable
radiation dose rate measuring devices; interlock systems at the entrances to
irradiation device rooms; emergency shutdown systems for stopping irradiation
processes in both the irradiation room and the control room. Where industrial
irradiation devices are operated, additional fixed radiation dose rate
monitoring devices must be installed inside and outside the irradiation room. Where
irradiation devices containing radioactive sources are operated, all
requirements for ensuring radioactive source security in accordance with
Appendix V promulgated together with this Decree must be fully satisfied;
dd) Where medical
irradiation devices are operated, a valid radioactive device inspection
certificate is required in accordance with national technical regulations. In
cases where national technical regulations have not yet been issued, the
manufacturer's acceptance criteria must be applied.
e) An establishment-level
radiation incident response plan must be in place, in accordance with Appendix
VI, promulgated together with this Decree. The radiation emergency response
plan must be approved in accordance with Article 62 of this Decree.
Article
24. Conditions for granting licenses for use of medical diagnostic X-ray
devices; computed tomography devices integrated with PET (PET/CT), SPECT
(SPECT/CT); X-ray generators; neutron, electron, and other charged-particle
generating devices
1. Human resources
a) Radiation workers must
hold a radiation safety training certificate. In the case of radiation workers
engaged in industrial radiography as specified in Point l Clause 3 Article 21
of this Decree, a radiation worker certificate is required;
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2. Assurance of safety
and security
a) Compliance with Point
a Clause 2 Article 23 of this Decree;
b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers at least once
every 3 months;
d) In the case of mobile
use of radioactive devices in industrial radiography, radiation dose rate
measuring devices and tools for establishing controlled areas and supervised
areas at the location where radiation work is carried out must be available;
dd) Where medical
radioactive devices are operated, a valid radioactive device inspection
certificate is required in accordance with national technical regulations. In
cases where national technical regulations have not yet been issued, the
manufacturer's acceptance criteria must be applied.
e) An establishment-level
radiation incident response plan must be in place, in accordance with Appendix
VI, promulgated together with this Decree. Where X-ray generators are used for
industrial radiography, the radiation incident response plan must be approved
in accordance with Article 62 of this Decree.
Article
25. Conditions for granting licenses for use of radioactive sources (excluding
radioactive sources incorporated in irradiation devices)
1. Human resources
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b) There must be a person
responsible for radiation safety. The person responsible for radiation safety
must hold a radiation worker certificate;
c) In the case of use of unsealed
radioactive sources, there must be a person responsible for decontamination.
The person responsible for decontamination must hold a radiation worker
certificate;
d) Where unsealed
radioactive sources are used in nuclear medicine (radiopharmaceuticals and
radioactive materials used as pharmaceutical ingredients), there must be at
least 1 worker holding a bachelor’s degree or higher in medical physics, or
having an equivalent qualification that is recognized or certified.
2. Assurance of safety
and security
a) Compliance with Point
a Clause 2 Article 23 of this Decree;
b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers at least once
every 3 months;
d) In the case of use of
unsealed radioactive sources: implementation of measures and systems for the
collection, treatment, and storage of solid and liquid radioactive waste in
compliance with radiation safety requirements; use of materials that are easy
to decontaminate for walls, floors, and work surfaces in areas with a risk of
radioactive contamination; availability of dose rate measuring devices and
radioactive contamination measuring devices to conduct radiation monitoring of
the working environment regularly; provision of adequate personal protective
equipment against radioactive contamination for workers in controlled areas;
dd) Where sealed
radioactive sources are used: full compliance with requirements for ensuring
radioactive source security in accordance with Appendix V promulgated together
with this Decree;
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Article
26. Conditions for granting licenses for use and transport of mobile
radioactive sources
1. Human resources
a) Radiation workers must
hold a radiation safety training certificate appropriate to the radiation work
performed. Radiation workers engaged in industrial radiography, as specified in
Point l Clause 3 Article 21 of this Decree, must hold a radiation worker
certificate;
b) There must be a person
responsible for radiation safety. The person responsible for radiation safety
must hold a radiation worker certificate;
c) In the case of
transport by road or railway (excluding transport of excepted consignments in
accordance with regulations), the vehicle driver or escort personnel must hold
a radiation safety training certificate;
d) Where Group 1, Group
2, and Group 3 radioactive sources are transported in accordance with the
national technical regulation on classification of radioactive sources, there
must be a person responsible for incident response holding a radiation worker
certificate.
2. Assurance of safety
and security
a) Compliance with Point
a Clause 2 Article 23 of this Decree;
b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
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d) Full compliance with
security assurance requirements in accordance with Appendix V promulgated
together with this Decree;
dd) An
establishment-level radiation incident response plan must be in place, in
accordance with Appendix VI, promulgated together with this Decree. Where Group
1 or Group 2 radioactive sources are used or transported under the national
technical regulation on classification of radioactive sources, the radiation
incident response plan must be approved in accordance with Article 62 of this
Decree.
e) Availability of
radiation dose rate measuring devices; equipment for safety supervision during
transport; and establishment of controlled areas and supervised areas at
locations where radiation work is carried out;
g) Consignments must be
packed and labeled in accordance with regulations on the safe transport of
radioactive sources;
h) Road transport
vehicles and railway freight compartments must bear radioactive dangerous goods
warning labels in accordance with regulations during the transport of
radioactive sources; only vehicles with separate cargo compartments may be
used, and passengers shall not be carried during transport (except for
transport of excepted consignments in accordance with regulations).
Article
27. Conditions for granting licenses for production and processing of
radioactive substances
1. Human resources
a) Radiation workers must
hold a radiation safety training certificate appropriate to the radiation work
performed;
b) Personnel engaged in
the production and processing of radioactive substances must receive
professional training in radioactive substance production and processing and
must hold a radiation worker certificate;
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2. Assurance of safety
and security
a) Compliance with Point
a Clause 2 Article 23 of this Decree;
b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers at least once
every 3 months;
d) Availability of hot cells
for the synthesis and processing of radioactive substances;
dd) Installation of fixed
radiation dose rate monitoring devices inside and outside radioactive substance
production and processing rooms;
e) Implementation of
measures for radioactive contamination control and prevention, and for the
collection, treatment, and storage of radioactive waste;
g) An establishment-level
radiation incident response plan must be in place, in accordance with Appendix
VI, promulgated together with this Decree. The plan must be approved in
accordance with Article 62 of this Decree;
h) Where sealed
radioactive sources are produced: full compliance with radioactive source
security requirements, in accordance with Appendix V, promulgated together with
this Decree.
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1. Human resources
a) Radiation workers must
hold a radiation safety training certificate appropriate to the radiation work
performed; personnel involved in the treatment of radioactive waste and
radioactive sources must receive professional training in radioactive waste and
source treatment;
b) There must be a person
responsible for radiation safety. The person responsible for radiation safety
must hold a radiation worker certificate;
c) In the case of
treatment of radioactive waste or radioactive sources, there must be a person
responsible for radiation decontamination. The person responsible for radiation
decontamination must hold a radiation worker certificate.
2. Assurance of safety
and security
a) Compliance with Point
a Clause 2 Article 23 of this Decree;
b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers at least once
every 3 months;
d) Availability of
separate areas for the storage of radioactive sources;
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e) Obligation to promptly
notify when abnormal events occur that may cause radiation safety or
radioactive source security risks;
g) In the case of storage
of sealed radioactive sources or spent nuclear fuel, full compliance with
corresponding security assurance requirements, in accordance with Appendix IV
and Appendix V, promulgated together with this Decree;
h) An establishment-level
radiation incident response plan must be in place, in accordance with Appendix
VI, promulgated together with this Decree. Where Group 1 or Group 2 radioactive
sources or radioactive waste are treated or stored under the national technical
regulation on classification of radioactive sources and radioactive waste, the
radiation incident response plan must be approved in accordance with Article 62
of this Decree;
i) Organizations
conducting the disposal of radioactive waste, spent radioactive sources, and
spent nuclear fuel must have disposal sites approved by competent state
authorities, consistent with national environmental protection planning,
regional planning, provincial planning, atomic energy development and
application planning, and other relevant plannings; and must satisfy requirements
for radiation safety, nuclear safety, and nuclear security, as well as dossiers
and procedures in accordance with the guidelines of the Ministry of Science and
Technology of Vietnam.
Article
29. Conditions for granting licenses to change scale and scope of operation of
radiation establishments
1. Human resources
a) There must be
radiation workers holding a radiation safety training certificate;
b) There must be a person
responsible for radiation safety. The person responsible for radiation safety
must hold a radiation worker certificate.
2. Assurance of safety
and security
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b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal dosimeters
and assessment of personal doses for radiation workers at least once every 3
months.
3. Availability of a plan
for changing the scale and scope of operation of the radiation establishment,
describing in detail the radiation work proposed to be changed or adjusted,
safety calculations, human resources, and equipment for ensuring radiation
safety.
Article 30. Conditions
for granting licenses for import of radioactive sources, spent radioactive
sources, source nuclear materials, nuclear materials, and nuclear devices
1. Assurance of safety
and security
a) Availability of
separate storage locations for radioactive sources until they are put into use
or transferred to another organization or individual;
b) Assurance of
radioactive source security and nuclear material security, as applicable, in
accordance with Appendix IV and Appendix V, promulgated together with this
Decree.
2. In the case of
importing sealed radioactive sources, there must be a commitment to return the
source to the manufacturer when it is no longer needed for use, or a financial
guarantee for the treatment and storage of the radioactive source.
Article
31. Conditions for granting licenses for export of radioactive sources, spent
radioactive sources, radioactive waste, source nuclear materials, nuclear
materials, nuclear devices, and spent nuclear fuel
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2. Consignments must be
packed and labeled in accordance with Article 14 of this Decree;
3. In the case of the
export of Group 1 or Group 2 radioactive sources under the national technical
regulation on classification of radioactive sources, radioactive waste, spent
radioactive sources, nuclear materials, nuclear devices, and spent nuclear
fuel, written permission for import must be obtained from the competent
authority of the importing country.
Article
32. Conditions for granting licenses for packaging and transport of radioactive
sources, spent radioactive sources, radioactive waste, source nuclear
materials, nuclear materials, and spent nuclear fuel; and for transit of
radioactive sources, radioactive waste, source nuclear materials, and nuclear
materials
1. Human resources
a) In the case of
transport by road or railway (excluding transport of excepted consignments in
accordance with regulations), the vehicle driver or escort personnel must hold
a radiation safety training certificate;
b) Where Group 1, Group
2, and Group 3 radioactive sources are transported in accordance with the
national technical regulation on classification of radioactive sources, there
must be a person responsible for incident response holding a radiation worker certificate.
2. Assurance of safety
and security
a) Consignments must be
packed and labeled in accordance with Article 14 of this Decree;
b) Availability of
radiation dose rate measuring devices for safety supervision during transport;
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d) An establishment-level
radiation incident response plan must be in place, in accordance with Appendix
VI, promulgated together with this Decree. Where Group 1 or Group 2 radioactive
sources or high-level radioactive wastes are transported under the national
technical regulation on classification of radioactive sources and high-level
radioactive waste as prescribed by specific national technical regulations or
the national standard on radiation protection – radioactive waste management –
classification of radioactive waste, the plan must be approved in accordance
with Article 62 of this Decree;
Road transport vehicles
and railway freight compartments must bear radioactive dangerous goods warning
labels in accordance with regulations during the transport of radioactive
sources, radioactive waste, source nuclear materials, and nuclear materials;
e) In the case of road
transport, only vehicles with separate cargo compartments may be used, and
passengers shall not be carried during transport (except for transport of
excepted consignments in accordance with regulations).
Article
33. Conditions for granting licenses for exploration, extraction, and
processing of radioactive minerals
1. Organizations applying
for a license for the exploration, extraction, or processing of radioactive
minerals must, in addition to complying with licensing conditions under the law
on geology and minerals, meet the human resource, radiation safety, and
radioactive source security requirements specified in Clauses 2 and 3 of this
Article.
2. Human resources
a) Radiation workers must
hold a radiation safety training certificate for radiation workers engaged in
the exploration, extraction, and processing of radioactive ores (including
radioactive placer deposits);
b) There must be a person
responsible for radiation safety. The person responsible for radiation safety
must hold a radiation worker certificate.
3. Assurance of safety
and security
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b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers at least once
every 3 months;
d) Installation of fixed
radiation dose rate monitoring devices in radioactive mineral processing areas;
dd) Implementation of
measures to control and prevent radioactive contamination;
e) Availability of
locations and measures for the collection, treatment, and storage of
radioactive waste, if radioactive waste is generated.
4. Dossiers and
procedures for licensing exploration, extraction, and processing of radioactive
minerals shall comply with the law on geology and minerals.
Article
34. Conditions for granting licenses for termination of operation of radiation
establishments
1. Human resources
a) There must be
radiation workers holding a radiation safety training certificate;
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c) There must be a person
responsible for radiation decontamination and a person responsible for
radiation incident response, both holding radiation worker certificates.
2. Availability of a plan
for dismantling, radiation decontamination, treatment, and management of
radioactive sources and radioactive waste, detailing implementation procedures,
schedule, human resources, equipment, and financial assurance to complete the
plan.
Article
35. Conditions for granting radiation worker certificates to individuals
1. Completion of
radiation safety training appropriate to the type of radiation work undertaken;
2. Radiation workers
serving as persons responsible for radiation safety must hold a qualification
of college level or higher, except as provided in Clause 3 of this Article;
3. Radiation workers
serving as persons responsible for radiation safety at establishments using
medical diagnostic X-ray devices and computed tomography devices integrated
with PET (PET/CT) or SPECT (SPECT/CT) must hold a qualification of college level
or higher, or one of the certificates or qualifications related to diagnostic
imaging techniques or the use of such devices;
4. Radiation workers
performing positions specified in Clause 3 Article 21 of this Decree, excluding
persons responsible for radiation safety, must receive professional training
appropriate to the type of work performed. Where Vietnam does not yet have a
domestic training institution authorized by a competent authority, applicants
for radiation worker certificates must possess a professional training
certificate relevant to the applied position issued by a foreign organization
or authority.
Subsection
2. PROCEDURES, METHODS OF IMPLEMENTATION, AND DOSSIERS FOR GRANTING RADIATION
WORK LICENSES
Article
36. General regulations on dossiers for application for grant, amendment,
supplementation, and renewal of radiation work licenses, and for grant of
radiation worker certificates
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2. Implementation
methods:
a) Organizations and
individuals submitting dossiers for the grant, amendment, supplementation, or
renewal of radiation work licenses, or for the grant of radiation worker
certificates to persons responsible for radiation safety in relation to the use
of medical diagnostic X-ray devices, computed tomography devices integrated
with PET (PET/CT), SPECT (SPECT/CT), and X-ray generators (excluding X-ray
generators used in industrial radiography), shall do so by one of the following
methods: online via the National Public Service Portal; in person or by post to
the Provincial Public Administrative Service Center;
b) Organizations and
individuals submitting dossiers for the grant, amendment, supplementation, or
renewal of radiation work licenses, or for the grant of radiation worker
certificates in cases not specified in Point a of this Clause, shall do so by
one of the following methods: online via the National Public Service Portal; in
person or by post to the Result Receipt and Return Unit of the Ministry of
Science and Technology of Vietnam (Vietnam Agency for Radiation and Nuclear
Safety).
3. Where dossiers are
submitted in person or by post, copies included in the dossier shall be
physical copies. Where dossiers are submitted online, copies included in the
dossier shall be electronic copies in accordance with regulations.
Article
37. Dossiers for grant of licenses for radiation work - operation of
accelerators, radiotherapy devices, or irradiation devices for sterilization,
mutation induction, material processing, and blood irradiation
1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of radiation
workers and the person responsible for radiation safety in accordance with Form
No. 01 in Appendix VII promulgated together with this Decree.
3. Declaration form of
the accelerator or declaration form of the radioactive source integrated into
irradiation devices, in accordance with the corresponding forms specified in
Appendix VII promulgated together with this Decree.
4. Copy of manufacturer’s
documentation containing information on the irradiation devices as declared in
the declaration form.
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6. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 23 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 05 in Appendix IX promulgated together with this
Decree.
7. Copy of radiation
monitoring results.
8. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
38. Dossiers for grant of radiation work licenses – use of X-ray generators in
industrial radiography; neutron, electron, and other charged-particle
generating devices
1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Declaration form of radioactive
devices in accordance with the corresponding forms specified in Appendix VII
promulgated together with this Decree.
4. Copy of manufacturer’s
documentation containing information on the radioactive devices as declared in
the declaration form.
5. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 24 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 03 in Appendix IX promulgated together with this Decree.
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7. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
39. Dossiers for grant of radiation work licenses – use of radioactive sources
(excluding radioactive sources incorporated in irradiation devices)
1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Declaration form of
sealed radioactive sources and unsealed radioactive sources in accordance with
the corresponding forms specified in Appendix VII promulgated together with
this Decree.
4. Copy of manufacturer’s
documentation containing information on sealed radioactive sources and unsealed
radioactive sources as declared in the declaration form.
5. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 25 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 01 in Appendix IX promulgated together with this
Decree.
6. Copy of radiation
monitoring results, except for first-time applications for a license to use
unsealed radioactive sources in nuclear medicine. For unsealed radioactive
sources used in nuclear medicine, radiation monitoring results shall include
radiation dose rate measurements and radioactive contamination measurements.
7. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
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1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Declaration form of
escort personnel in accordance with Form No. 02 in Appendix VII promulgated
together with this Decree.
4. Declaration form of
radioactive sources in accordance with the corresponding forms specified in
Appendix VII promulgated together with this Decree.
5. Copy of manufacturer’s
documentation containing information on sealed radioactive sources and unsealed
radioactive sources as declared in the declaration form.
6. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 26 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 12 in Appendix IX promulgated together with this
Decree.
7. Copy of radiation
monitoring results at the radioactive source storage location at the time of
submission of the dossier for the grant of the radiation work license.
8. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
41. Dossier for grant of radiation work licenses – production and processing of
radioactive substances
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2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Declaration form of
radioactive sources used in the production and processing of radioactive
substances in accordance with Form No. 07 in Appendix VII promulgated together
with this Decree.
4. Declaration form of
equipment used in the production and processing of radioactive substances in
accordance with Form No. 16 in Appendix VII promulgated together with this
Decree.
5. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 27 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 02 in Appendix IX promulgated together with this
Decree.
6. Copy of radiation
monitoring results.
7. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
42. Dossiers for grant of radiation work licenses – treatment and storage of
radioactive waste, spent radioactive sources, and spent nuclear fuel, and
storage of radioactive sources
1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
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4. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 28 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 06 in Appendix IX promulgated together with this
Decree.
5. Copy of radiation
monitoring results.
6. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
43. Dossiers for grant of radiation work licenses – change in scale and scope
of operation of radiation establishments
1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Safety analysis report
for the change in scale and scope of operation of the radiation establishment,
demonstrating full compliance with the conditions specified in Clauses 2 and 3
Article 29 of this Decree. The report shall be prepared in accordance with Form
No. 08 in Appendix IX promulgated together with this Decree.
Article
44. Dossiers for grant of radiation work licenses – import of radioactive
sources, spent radioactive sources, source nuclear materials, nuclear
materials, and nuclear devices
1. Application form for a
radiation work license in accordance with Form No. 02 in Appendix VIII
promulgated together with this Decree.
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3. Safety assessment
report demonstrating full compliance with the conditions specified in Article
30 of this Decree. The safety assessment report shall be prepared in accordance
with Form No. 10 in Appendix IX promulgated together with this Decree.
4. Copy of manufacturer’s
documentation providing information as declared in the declaration forms for
sealed radioactive sources, unsealed radioactive sources, spent radioactive
sources, source nuclear materials, nuclear materials, and nuclear devices.
5. Copy of the sales
contract or written agreement on transfer and receipt of radioactive sources,
spent radioactive sources, source nuclear materials, nuclear materials, and
nuclear devices between the Vietnamese importing organization or individual and
the foreign exporting organization or individual.
6. Copy of the entrusted
import contract between the entrusting organization or individual and the
entrusted organization or individual, in the case of entrusted import.
7. Copies of documents proving
Vietnamese production origin, documents proving that the radioactivity is
suitable for continued civilian use in Vietnam, and documents explaining the
intended use of the radioactive source, in the case of the import of spent
radioactive sources.
Article
45. Dossiers for grant of radiation work licenses – export of radioactive
sources, spent radioactive sources, radioactive waste, source nuclear
materials, nuclear materials, nuclear devices, and spent nuclear fuel
1. Application form for a
radiation work license in accordance with Form No. 02 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
sealed radioactive sources, unsealed radioactive sources, spent radioactive
sources, radioactive waste, source nuclear materials, nuclear materials,
nuclear devices, and spent nuclear fuel in accordance with the corresponding
forms specified in Appendix VII promulgated together with this Decree.
3. Copies of documents proving
the origin of the radioactive sources, spent radioactive sources, radioactive
waste, source nuclear materials, nuclear materials, nuclear devices, and spent
nuclear fuel.
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5. In the case of the
export of Group 1 or Group 2 radioactive sources under the national technical
regulation on classification of radioactive sources, spent radioactive sources,
radioactive waste, nuclear materials, nuclear devices, and spent nuclear fuel:
copy of the written permission for import issued by the competent authority of
the importing country to the importing organization or individual.
Article
46. Dossiers for grant of radiation work licenses – packaging and transport of
radioactive sources, spent radioactive sources, radioactive waste, source
nuclear materials, nuclear materials, and spent nuclear fuel; transit of
radioactive sources, radioactive waste, source nuclear materials, and nuclear
materials
1. Application form for a
radiation work license in accordance with Form No. 03 or Form No. 04 in
Appendix VIII promulgated together with this Decree.
2. Declaration form of
escort personnel in accordance with Form No. 02 in Appendix VII promulgated
together with this Decree.
3. Declaration form of
sealed radioactive sources, unsealed radioactive sources, spent radioactive
sources, radioactive waste, source nuclear materials, nuclear materials,
nuclear devices, and spent nuclear fuel in accordance with the corresponding
forms specified in Appendix VII promulgated together with this Decree.
4. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 32 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 11 in Appendix IX promulgated together with this
Decree.
5. Copy of the transport
contract or transport agreement, in cases where the organization or individual
applying for the license is not the transporting organization or individual.
6. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
47. Dossiers for grant of radiation work licenses – termination of operation of
radiation establishments
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2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Safety analysis report
for the termination of operation of the radiation establishment, demonstrating
full compliance with the conditions specified in Clause 2 Article 34 of this
Decree. The report shall be prepared in accordance with Form No. 09 in Appendix
IX promulgated together with this Decree.
Article
48. Dossiers for grant of radiation work licenses – use of medical diagnostic
X-ray devices, computed tomography devices integrated with PET (PET/CT), SPECT
(SPECT/CT), and X-ray generators (excluding X-ray generators used in industrial
radiography)
1. Application form for a
radiation work license in accordance with Form No. 01 in Appendix VIII
promulgated together with this Decree.
2. Declaration form of
radiation workers and the person responsible for radiation safety in accordance
with Form No. 01 in Appendix VII promulgated together with this Decree.
3. Declaration form of
radioactive devices in accordance with the corresponding forms specified in
Appendix VII promulgated together with this Decree.
4. Copy of manufacturer’s
documentation containing information on the radioactive devices as declared in
the declaration form.
5. Copy of the
certificate of device inspection (applicable to the use of medical diagnostic X-ray
devices and computed tomography devices integrated with PET (PET/CT), SPECT
(SPECT/CT)).
6. Safety assessment
report demonstrating full compliance with the conditions specified in Clause 2
Article 24 of this Decree. The safety assessment report shall be prepared in
accordance with Form No. 03 in Appendix IX promulgated together with this
Decree.
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8. Copy of the radiation
incident response plan, prepared in accordance with Appendix VI promulgated
together with this Decree.
Article
49. Authority to grant radiation work licenses and radiation worker
certificates
1. Provincial People’s
Committees shall grant radiation work licenses and radiation worker
certificates as follows:
a) Radiation work licenses:
use of medical diagnostic X-ray devices, computed tomography devices integrated
with PET (PET/CT), SPECT (SPECT/CT), and X-ray generators (excluding X-ray
generators used in industrial radiography) operating within the province. Where
such devices are used on a mobile basis in different provinces, the provincial
People’s Committee where the organization or individual owning and managing the
devices has its headquarters shall grant the license. Where an organization
changes the location of radiation work for fixed-use devices to another
province, the provincial People’s Committee where the devices are installed
shall have the authority to grant or amend the license.
b) Radiation worker
certificates for radiation safety officers at radiation establishments
specified in Point a of this Clause.
2. The Vietnam Agency for
Radiation and Nuclear Safety shall grant radiation work licenses and radiation
worker certificates for cases not falling under the jurisdiction of provincial
People’s Committees specified in Clause 1 of this Article.
3. The Ministry of Health
of Vietnam shall grant licenses for the export and import of
radiopharmaceuticals and radioactive substances used as pharmaceutical
ingredients.
4. The Ministry of
Agriculture and Environment of Vietnam shall grant licenses for the exploration
and extraction of radioactive minerals.
5. Authorities competent
to grant radiation work licenses shall have the authority to renew, amend,
supplement, and revoke such licenses.
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1. Implementation methods
Organizations and
individuals shall submit a dossier for the grant of a radiation work license in
accordance with Clause 2 Article 36 of this Decree.
2. Dossier components
The components of the
dossier for the grant of the corresponding radiation work license are specified
in Articles through 48 of this Decree.
3. Number of dossiers: 1
set.
4. Time limit for
processing and return of results
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier and collect fees and charges when receiving dossiers submitted in
person. For dossiers submitted online or by post, within 3 working days from
the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify the fees
applicable to valid dossiers (where an organization or individual submits
multiple dossiers at the same time, the dossier-receiving authority shall issue
1 notification of fees and charges for all dossiers), or notify, in writing or
online on the National Public Service Portal, the request for amendment or
supplementation if the dossier is incomplete or invalid.
b) After receipt of a
complete and valid dossier and the prescribed fees, the competent authority
shall appraise the dossier (appraisal record using Form No. 06 in Appendix X
promulgated together with this Decree) and grant the license using Form No. 02
in Appendix X promulgated together with this Decree within the following time
limits: 10 working days for import, export, and transit of Group 3, Group 4,
and Group 5 radioactive sources in accordance with the national technical
regulation on classification of radioactive sources, and for transit of Group 1
and Group 2 radioactive sources after receipt of written approval from the
Prime Minister of Vietnam; 15 working days for medical diagnostic X-ray devices
and computed tomography devices integrated with PET (PET/CT), SPECT (SPECT/CT);
18 working days for transport; 25 working days for other radiation work.
c) Where the grant of the
radiation work license is not approved, no later than the time limit specified
in Point b of this Clause, the competent authority shall issue a written
response, specifying the reasons.
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1. Organizations and
individuals wishing to renew a radiation work license shall submit a dossier to
the competent state authority at least 45 days before the expiry date for
licenses with a validity period exceeding 12 months, and at least 15 days
before the expiry date for licenses with a validity period of 6 months or 12
months. After these time limits, organizations and individuals must apply for a
new license.
2. Implementation methods
Organizations and
individuals shall submit a dossier for the renewal of a radiation work license
in accordance with Clause 2 Article 36 of this Decree.
3. Dossier components
a) Application form for
renewal of the license in accordance with Form No. 06 in Appendix VIII promulgated
together with this Decree;
b) Copy of radiation
monitoring results;
c) Copy of the
certificate of device inspection (applicable to the operation of medical
irradiation devices, medical diagnostic X-ray devices, and computed tomography devices
integrated with PET (PET/CT), SPECT (SPECT/CT));
d) Radiation safety
assessment report prepared using the corresponding form specified in Appendix
IX promulgated together with this Decree (in case of changes compared to the
most recent dossier for the grant of the license).
4. Number of dossiers: 1
set.
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a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier and collect fees and charges when receiving dossiers submitted in
person. For dossiers submitted online or by post, within 3 working days from
the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify the fees and charges
applicable to valid dossiers (where an organization or individual submits
multiple dossiers at the same time, the dossier-receiving authority shall issue
1 notification of fees and charges for all dossiers), or notify, in writing or
online on the National Public Service Portal, the request for amendment or
supplementation if the dossier is incomplete or invalid.
b) After receipt of a
complete and valid dossier and the prescribed fees and charges, the competent
authority shall appraise the dossier (appraisal record using Form No. 06 in
Appendix X promulgated together with this Decree) and grant the license using
Form No. 02 in Appendix X promulgated together with this Decree within the
following time limits: 18 working days for renewal of licenses with a validity
period exceeding 12 months (excluding licenses for use of medical diagnostic
X-ray devices and computed tomography devices integrated with PET (PET/CT),
SPECT (SPECT/CT)); 15 working days for renewal of licenses for use of medical
diagnostic X-ray devices and computed tomography devices integrated with PET
(PET/CT), SPECT (SPECT/CT)); 10 working days for renewal of licenses with a
validity period of 12 months or 6 months.
c) Where the renewal of the
radiation work license is not approved, no later than the time limit specified
in Point b of this Clause, the competent authority shall issue a written
response, specifying the reasons.
Article
52. Procedures for amending radiation work licenses
1. Organizations and
individuals shall apply for amendment of the license in the following cases:
a) Changes to information
on the organization or individual recorded in the license, including name,
address, telephone number, and fax number;
b) Changes to information
on export or import border checkpoints for licenses for export, import, and
transit; changes to transport routes for licenses for transport and transit;
c) Reduction in the
number of radioactive sources or radioactive devices specified in the license
due to transfer, export, termination of use, termination of operation, or loss;
d) Correction of
information on radioactive sources or radioactive devices in cases where
information recorded in the license is inconsistent with actual conditions or
incorrect due to errors of the licensing authority;
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e) Change of location for
conducting radiation work involving security inspection and screening devices
for goods and luggage, or X-ray generators with self-shielding structures;
g) Replacement of the
X-ray tube in medical diagnostic X-ray devices;
h) Consolidation of valid
licenses with the same validity period in accordance with Article 55 of this
Decree, granted by the same competent authority and for the same type of
radiation work (same administrative procedure).
2. Implementation methods
Organizations and
individuals shall submit a dossier for amendment of a radiation work license in
accordance with Clause 2 Article 36 of this Decree.
3. Dossier components
a) Application form for
amendment of the license in accordance with Form No. 07 in Appendix VIII
promulgated together with this Decree;
b) Documents certifying
the amended information for cases of change of name, address, telephone number,
or fax number;
c) Copy of the transfer
contract in cases of reduction in the number of radioactive sources or
radioactive devices due to transfer; copy of the export license together with
the customs declaration in cases of reduction due to export; written
notification from the establishment on termination of use or termination of
operation; written confirmation of loss of radioactive sources in cases of loss;
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dd) Copy of technical
documents from the manufacturer or supplier containing information on unsealed
radioactive sources, applicable in cases requiring updates to the manufacturer
or country of manufacture.
4. Number of dossiers: 1
set.
5. Time limit for
processing and return of results
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier when receiving dossiers submitted in person. For dossiers submitted
online or by post, within 3 working days from the date of receipt of the
dossier, the dossier-receiving authority shall inspect the completeness and
validity of the dossier and notify, in writing or online on the National Public
Service Portal, the request for amendment or supplementation if the dossier is
incomplete or invalid.
b) After receipt of a
complete and valid dossier and the prescribed fees and charges, the competent
authority shall appraise the dossier (appraisal record using Form No. 06 in
Appendix X promulgated together with this Decree) and amend the license within
10 working days.
c) Where the amendment of
the radiation work license is not approved, no later than the time limit
specified in Point b of this Clause, the competent authority shall issue a
written response, specifying the reasons.
Article
53. Procedures for supplementing radiation work licenses
1. Organizations and
individuals shall apply for supplementation of the license in the following
cases:
a) Addition of new
radioactive sources or new radioactive devices compared to the granted license
(same administrative procedure);
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2. Cases not subject to
supplementation of the license:
a) Import and export of
radioactive substances, source nuclear materials, nuclear materials, and
nuclear devices;
b) Transit of radioactive
sources, source nuclear materials, and nuclear materials;
c) Termination of
operation of a radiation establishment;
d) New radiation work
differing from the type of radiation work specified in the granted license
(different administrative procedure);
dd) New radiation work
falling under the licensing jurisdiction of an authority different from the one
that has granted the license.
3. Implementation method
Organizations and
individuals shall submit a dossier for supplementation of a radiation work
license in accordance with Clause 2 Article 36 of this Decree.
4. Dossier components:
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b) Declaration forms of
newly added radioactive sources or radioactive devices using the corresponding
forms specified in Appendix VII promulgated together with this Decree,
applicable to cases of addition of radioactive sources or radioactive devices,
together with copies of the manufacturer’s documentation providing information
as declared;
c) Safety assessment
report for the additional radiation work prepared using the corresponding form
specified in Appendix IX promulgated together with this Decree.
5. Number of dossiers: 1
set.
6. Time limit for
processing and return of results
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier and collect fees and charges when receiving dossiers submitted in person.
For dossiers submitted online or by post, within 3 working days from the date
of receipt of the dossier, the dossier-receiving authority shall inspect the
completeness and validity of the dossier and notify the fees and charges
applicable to valid dossiers (where an organization or individual submits
multiple dossiers at the same time, the dossier-receiving authority shall issue
1 notification of fees and charges for all dossiers), or notify, in writing or
online on the National Public Service Portal, the request for amendment or
supplementation if the dossier is incomplete or invalid.
b) After receipt of a
complete and valid dossier and the prescribed fees and charges, the competent
authority shall appraise the dossier (appraisal record using Form No. 06 in
Appendix X promulgated together with this Decree) and grant the supplemented
license using Form No. 02 in Appendix X issued together with this Decree within
18 working days.
c) Where the
supplementation of the radiation work license is not approved, no later than
the time limit specified in Point b of this Clause, the competent authority
shall issue a written response, specifying the reasons.
Article
54. Procedures for granting radiation worker certificates
1. Implementation
methods:
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2. Dossier components:
a) Application form for a
radiation worker certificate in accordance with Form No. 05 in Appendix VIII
promulgated together with this Decree;
b) Copy of a diploma of
college level or higher, or one of the certificates or certifications related
to diagnostic imaging techniques, use of medical diagnostic X-ray devices,
computed tomography devices integrated with PET (PET/CT), SPECT (SPECT/CT),
applicable to dossiers requesting grant of a certificate for the radiation
safety officer; copy of a professional certificate corresponding to dossiers
requesting grant of radiation worker certificates for other radiation workers
specified in Clause 3 Article 21 of this Decree;
c) Written confirmation
of work performance for individuals who have previously been granted a
radiation worker certificate in accordance with Form No. 19 in Appendix VII
promulgated together with this Decree;
d) Portrait photograph
sized 3 cm x 4 cm in cases of in-person submission or submission by post;
digital photo file sized 3 cm x 4 cm in cases of online submission.
3. Number of dossiers: 1
set.
4. Time limit for
processing and return of results:
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier and collect fees and charges when receiving dossiers submitted in
person. For dossiers submitted online or by post, within 3 working days from
the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify, in writing,
the charges applicable to valid dossiers (where an organization or individual
submits multiple dossiers at the same time, the dossier-receiving authority
shall issue 1 notification of fees and charges for all dossiers), or notify, in
writing or online on the National Public Service Portal, the request for
amendment or supplementation if the dossier is incomplete or invalid.
b) After receipt of a
complete and valid dossier and the prescribed fees, the competent authority
shall appraise the dossier and grant the radiation worker certificate using
Form No. 03 in Appendix X promulgated together with this Decree.
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d) Where the grant of the
radiation worker certificate is not approved, no later than the time limit
specified in Point c of this Clause, the competent authority shall issue a
written response, specifying the reasons.
Article
55. Validity period of radiation work licenses and radiation worker
certificates
1. Radiation work
licenses shall have the following validity periods:
a) 12 months for the
following radiation work: import and export of Group 4 and Group 5 radioactive
sources in accordance with the national technical regulation on classification
of radioactive sources (granted per shipment for sealed radioactive sources and
for multiple shipments for unsealed radioactive sources);
b) 6 months for the
following radiation work: import and export of Group 1, Group 2, and Group 3
radioactive sources in accordance with the national technical regulation on
classification of radioactive sources, nuclear materials, and nuclear equipment
(granted per shipment);
c) Licenses for transport
of radioactive sources in import and export activities shall have the same
validity period as the corresponding type of import or export license;
d) Licenses for transport
in cases of transfer, assignment of radioactive sources, or change of location
for conducting radiation work shall have a validity period of 6 months;
dd) 12 months for the
following radiation work: transit of radioactive sources, source nuclear
materials, nuclear materials, and radioactive waste;
e) 5 years for the
following radiation work: operation of irradiation devices; production and processing
of radioactive substances;
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2. Radiation worker
certificates shall have a validity period of 5 years.
3. The validity period of
a renewed license shall be calculated from the expiry date of the previous
license.
4. Amended or
supplemented licenses shall have the same validity period as the previous
license, except for cases of license amendment specified in Clause 5 of this
Article.
5. Licenses amended for
consolidation of granted and still-valid licenses shall have a validity period
corresponding to the longest remaining validity period among the consolidated
licenses.
Article
56. Revocation and invalidation of radiation work licenses
1. Revocation of
radiation work licenses shall be carried out in accordance with the law on
handling of administrative violations in the following cases:
a) The cases specified in
Points a, d, and dd Clause 2 Article 58 of the Law on Atomic Energy;
b) The case where a
license has been granted ultra vires as specified in Point e Clause 2 Article
58 of the Law on Atomic Energy.
2. Invalidation of
radiation work licenses shall be carried out in the following cases:
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b) After receiving
notification from the organization or individual regarding the termination of
radiation work activities, the competent licensing authority specified in
Article 49 of this Decree shall issue a written confirmation of the termination
of activities or provide guidelines on the implementation of safety and
security assurance measures in accordance with the law on atomic energy.
3. A radiation work
license shall cease to be valid from the time the revocation decision takes
effect or from the issuance of the written document on the invalidation of the
radiation work license.
4. Organizations or
individuals whose radiation work licenses have been revoked may submit a
dossier for the grant of a radiation work license after fulfilling the
obligations and responsibilities required by the competent state authority and
fully meeting the conditions for granting licenses as prescribed in this
Decree.
Section
3. NOTIFICATION OF PLANS TO CONDUCT RADIATION WORK; DECLARATION PROCEDURES;
APPRAISAL OF SAFETY ANALYSIS REPORTS AND SAFETY ASSESSMENT REPORTS; DISPOSAL OF
SPENT RADIOACTIVE SOURCES; AND APPROVAL OF ESTABLISHMENT-LEVEL INCIDENT
RESPONSE PLANS
Article
57. Notification of plans to conduct radiation work
Organizations or
individuals having plans to conduct radiation work shall submit a written
notification in person, by post, or through the interlinked electronic document
system to the competent licensing authority specified in Article 49 of this
Decree.
Article
58. Declaration procedures
1. Declaration
decentralization:
a) Organizations or
individuals receiving or possessing radioactive sources, radioactive waste,
radioactive devices above the declaration exemption level, source nuclear
materials, nuclear materials, or nuclear devices shall make declarations to the
competent licensing authority specified in Article 49 of this Decree;
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Organizations or
individuals that have been granted a license to use or store radioactive
sources, when no longer wishing to use and store radioactive sources, and
having plans to transfer or assign such sources to other organizations or
individuals, shall carry out declaration procedures with the competent
licensing authority.
2. Implementation procedures:
a) Declarations shall be
carried out within 10 working days from the date the organization or individual
receives radioactive sources, radioactive waste, radioactive devices, source
nuclear materials, nuclear materials, or nuclear devices;
b) Organizations or
individuals transferring or assigning radioactive sources shall carry out
declaration procedures within 30 working days from the date of intent to
transfer or assign the radioactive sources;
c) Organizations or
individuals shall carry out declarations for each radioactive source,
radioactive waste, radioactive device, type of source nuclear material, nuclear
material, or nuclear device with the competent authority using the
corresponding declaration form in Appendix VII promulgated together with this
Decree.
3. Time limit for
processing and return of results:
a) Within 5 working days
from the date of receipt of the declaration form, the competent authority shall
grant a declaration confirmation certificate in accordance with Form No. 01 in
Appendix X promulgated together with this Decree;
b) Where the declaration
form constitutes a component of the dossier for licensing, the competent
licensing authority is not required to grant a declaration confirmation
certificate.
4. Organizations or individuals
are exempt from carrying out declaration procedures where the dossier for the
grant of a radiation work license is submitted within the time limit prescribed
in Point a Clause 2 of this Article.
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1. Implementation
methods:
Organizations or
individuals requesting an appraisal of a safety analysis report in the
construction of radiation establishments shall submit dossiers in one of the
following forms: online via the National Public Service Portal; in person or by
post to the Result Receipt and Return Unit of the Ministry of Science and
Technology of Vietnam (Vietnam Agency for Radiation and Nuclear Safety).
2. Dossier components:
a) Written request for
appraisal of the safety analysis report in the construction of radiation
establishments in accordance with Form No. 12 in Appendix VIII promulgated
together with this Decree;
b) Safety analysis report
containing radiation protection design and calculations (external exposure and
internal exposure), ensuring that potential radiation dose levels for radiation
workers and the public do not exceed dose limit values as prescribed. The
safety analysis report shall be prepared in accordance with the form in
Appendix IX promulgated together with this Decree.
3. Number of dossiers: 1
set.
4. Time limit for
processing and return of results:
a) Within 3 working days
from the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify, in writing,
the fees and charges applicable to valid dossiers (where organizations or
individuals submit multiple dossiers at the same time, the dossier-receiving
authority shall issue 1 notification of fees and charges for all dossiers) or
notify, in writing or online on the National Public Service Portal, the request
for amendment or supplementation if the dossier is incomplete or invalid;
b) Within 25 working days
from the date of receipt of a complete and valid dossier and prescribed fees
and charges, the competent authority shall appraise the safety analysis report
and return the appraisal results to the organization or individual in writing;
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Article
60. Procedures for appraising safety assessment reports in exploration,
extraction, processing, and closure of radioactive mineral mines
1. Implementation
methods:
Organizations or
individuals requesting an appraisal of a safety assessment report in the
exploration, extraction, processing, and closure of radioactive mineral mines
shall submit dossiers in one of the following forms: online via the National
Public Service Portal; in person or by post to the Result Receipt and Return
Unit of the Ministry of Science and Technology of Vietnam (Vietnam Agency for
Radiation and Nuclear Safety).
2. Dossier components:
a) Written request for
appraisal of the safety assessment report in the exploration, extraction,
processing, and closure of radioactive mineral mines in accordance with Form
No. 12 in Appendix VIII promulgated together with this Decree;
b) Safety assessment
report classified by corresponding establishment types as prescribed in
Appendix IX promulgated together with this Decree.
3. Number of dossiers: 1
set.
4. Time limit for
processing and return of results:
a) Within 3 working days
from the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify, in writing,
the fees and charges applicable to valid dossiers (where organizations or
individuals submit multiple dossiers at the same time, the dossier-receiving
authority shall issue 1 notification of fees and charges for all dossiers) or
notify, in writing or online on the National Public Service Portal, the request
for amendment or supplementation if the dossier is incomplete or invalid.
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c) Appraisal results
shall specify whether the safety assessment report meets or does not meet
safety conditions. In the event of failure to meet safety conditions, the
reasons must be specified.
Article
61. Procedures for disposing of spent radioactive sources
1. Implementation
methods:
Organizations and
individuals possessing spent radioactive sources with a total activity less
than or equal to the disposal level specified in Appendix XII promulgated
together with this Decree shall prepare and submit a dossier for disposal of
spent radioactive sources in one of the following forms: online via the
National Public Service Portal; in person or by post to the Result Receipt and
Return Unit of the Ministry of Science and Technology of Vietnam (Vietnam
Agency for Radiation and Nuclear Safety)
2. Dossier components:
a) Written request for
disposal of spent radioactive sources in accordance with Form No. 12 in
Appendix VIII promulgated together with this Decree;
b) List of spent radioactive
sources proposed for disposal;
c) Copy of documents
describing the method for disposal of spent radioactive sources;
d) Copy of the
certificate of the radioactive source proposed for disposal, or copy of the
radioactive activity assessment record for spent radioactive sources proposed
for disposal, granted by an organization licensed by the Vietnam Agency for
Radiation and Nuclear Safety to provide services supporting the application of
atomic energy in radioactivity assessment.
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4. Time limit for
processing and return of results:
a) Within 3 working days
from the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify, in writing or
online on the National Public Service Portal, the request for amendment or
supplementation if the dossier is incomplete or invalid.
b) Within 10 working days
from the date of receipt of a complete and valid dossier, the competent
authority shall appraise the dossier and issue a written confirmation or
refusal.
Article
62. Procedures for approving establishment-level radiation incident response
plans
1. The authority
competent to approve the incident response plan is the authority competent to
grant the radiation work license as prescribed in Clause 2 Article 49 of this
Decree.
2. Procedures for
requesting approval of an incident response plan:
a) Implementation method
Organizations and
individuals requesting approval of the incident response plan shall submit
dossiers in one of the following forms: online via the National Public Service
Portal; in person or by post to the Result Receipt and Return Unit of the
Ministry of Science and Technology of Vietnam (Vietnam Agency for Radiation and
Nuclear Safety).
Dossier components:
Written request for approval of the incident response plan in accordance with
Form No. 12 in Appendix VIII promulgated together with this Decree; incident
response plan prepared in accordance with the guidelines in Appendix VI
promulgated together with this Decree.
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d) Time limit for
processing and return of results:
Within 3 working days
from the date of receipt of the dossier, the dossier-receiving authority shall inspect
the completeness and validity of the dossier and notify, in writing, the fees
and charges applicable to valid dossiers (where organizations or individuals
submit multiple dossiers at the same time, the dossier-receiving authority
shall issue 1 notification of fees and charges for all dossiers) or notify, in
writing or online on the National Public Service Portal, the request for
amendment or supplementation if the dossier is incomplete or invalid. Within 10
working days from the date of receipt of a complete and valid dossier and fees
and charges, the competent authority shall organize the appraisal and issue a
decision approving the incident response plan. Where approval is not granted,
the authority shall issue a written response, specifying the reasons.
Section
4. SERVICES SUPPORTING APPLICATION OF ATOMIC ENERGY
Subsection
1. Conditions for grant of certificates of registration of services supporting
application of atomic energy
Article
63. Radiation safety training; professional and advanced training
1. An organization
requesting the grant of a certificate of registration of services supporting
the application of atomic energy shall have at least 2 employees holding
practice certificates for services supporting the application of atomic energy
corresponding to the type of service for which registration is requested.
2. The organization shall
have training programs and teaching materials suitable for the type of service
for which registration is requested. Training programs and teaching materials
shall fully cover legal, technical, and practical contents in accordance with
the regulations of the Ministry of Science and Technology of Vietnam. Training
programs and teaching materials shall be periodically updated (once every 2
years) or upon request from the competent licensing authority.
3. The organization shall
have technical equipment serving lectures and practical training.
4. The organization shall
have a quality assurance program for service provision, managed in accordance with
ISO 21000 international standards.
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1. An organization
requesting the grant of a certificate of registration of services supporting
the application of atomic energy shall have at least 2 employees holding
practice certificates for services supporting the application of atomic energy
corresponding to the type of service for which registration is requested.
2. The organization shall
meet the following radiation safety and security assurance conditions:
a) Compliance with Point
a Clause 2 Article 23 of this Decree;
b) Radiation warning
signs in accordance with Point b Clause 2 Article 23 of this Decree;
c) Provision of personal
dosimeters and assessment of personal doses for radiation workers and
service-performing personnel at least once every 3 months;
d) An establishment-level
radiation incident response plan must be in place, in accordance with Appendix
VI, promulgated together with this Decree. Where Group 1 or Group 2 radioactive
sources are installed under the national technical regulation on classification
of radioactive sources, the radiation incident response plan must be approved
in accordance with Article 62 of this Decree.
3. The organization shall
have a hot cell or radiation shielding equipment for operations involving
radioactive sources.
4. The organization shall
have radiation measuring devices suitable for the physical characteristics of
the radiation type for which installation, maintenance, and repair services are
to be provided, as well as equipment appropriate for installing radioactive
sources, and installing, maintaining, and repairing radioactive devices.
Radiation measuring devices shall have valid calibration certificates with a
remaining validity of at least 30 days from the date the dossier is received.
5. The organization shall
have personal dosimeters and external exposure protection equipment for
service-performing personnel.
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Article
65. Personal dose monitoring
1. An organization
requesting the grant of a certificate of registration of services supporting
the application of atomic energy shall have at least 2 employees holding
practice certificates for services supporting the application of atomic energy
corresponding to the type of service for which registration is requested.
2. The organization shall
have a personal dose monitoring system, corresponding personal dosimeters, and
monitoring results meeting standard dose levels.
3. The organization shall
have storage rooms and dose-reading rooms for personal dosimeters in accordance
with the manufacturer’s guidelines for the personal dose monitoring system.
4. The organization shall
have a quality assurance program for service provision.
Article
66. Radioactivity assessment
1. An organization
requesting the grant of a certificate of registration of services supporting
the application of atomic energy shall have at least 2 employees holding practice
certificates for services supporting the application of atomic energy
corresponding to the type of service for which registration is requested.
2. The organization shall
have devices for radioisotope identification.
3. In cases of
radioactivity assessment in analytical samples, the organization shall have
reference samples, a sample processing system, and sample analysis devices with
technical specifications suitable for the radioisotopes to be assessed.
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5. The organization shall
have personal dosimeters and external exposure protection equipment for
service-performing personnel. In cases where service activities involve contact
with unsealed radioactive sources, internal exposure protection equipment shall
be provided for service-performing personnel.
6. The organization shall
have a quality assurance program for service provision.
Article
67. Inspection of radioactive devices;
1. An organization
requesting the grant of a certificate of registration of services supporting
the application of atomic energy shall have at least 2 employees holding
practice certificates for services supporting the application of atomic energy
corresponding to the type of service for which registration is requested.
2. The organization shall
have devices and instruments serving radioactive device inspection activities,
which comply with the corresponding national technical regulation on
radioactive device inspection. Where a specific type of radioactive device has
yet to be regulated by a national technical regulation on inspection, it is
permitted to apply the manufacturer’s guiding documentation on inspection
systems designed for that type of radioactive device.
3. The organization shall
have radiation dose rate measuring devices suitable for the physical
characteristics of the radiation type for which services are to be provided.
Radiation dose rate measuring devices shall have valid calibration certificates
with a remaining validity of at least 30 days from the date the dossier is
received.
4. The organization shall
have personal dosimeters and external exposure protection equipment for
service-performing personnel. In cases where service activities involve contact
with unsealed radioactive sources, internal exposure protection equipment shall
be provided for service-performing personnel.
5. The organization shall
have a quality assurance program appropriate to the type of service provided.
Article
68. Calibration of radiation measuring devices
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2. The organization shall
have standard radioactive sources and radioactive devices that are calibrated
at a national or international radiation and nuclear metrology laboratory.
3. The organization shall
have a standard calibration room for the calibration of radiation measuring
devices that meets the following requirements:
a) Availability of
shielding designs ensuring radiation safety for radiation workers and the
public, and ensuring that calibration activities are not affected by
environmental radiation;
b) Availability of
temperature and humidity control systems to ensure the quality of calibration
activities;
c) Where there is no room
design or no guidance on room dimensions from the device or standard source
supplier, the minimum room dimensions specified in Appendix XI promulgated
together with this Decree must be ensured.
4. The organization shall
have radiation dose rate measuring devices suitable for the physical
characteristics of the radiation type for which services are to be provided.
Radiation dose rate measuring devices shall have valid calibration certificates
with a remaining validity of at least 30 days from the date the dossier is
received.
5. The organization shall
have personal dosimeters and external exposure protection equipment for
service-performing personnel. In cases where service activities involve contact
with unsealed radioactive sources, internal exposure protection equipment shall
be provided for service-performing personnel.
6. The organization shall
have a quality assurance program for service provision.
Article
69. Radiation monitoring and decontamination
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2. The organization shall
have radiation dose rate measuring devices suitable for the physical
characteristics of the radiation type for which radiation monitoring services
are to be provided. Radiation dose rate measuring devices shall have valid
calibration certificates with a remaining validity of at least 30 days from the
date the dossier is received.
3. Where surface and air
radioactive contamination measurements are conducted, the organization shall
have surface and air radioactive contamination measuring devices. Such
instruments shall have valid calibration certificates with a remaining validity
of at least 30 days from the date the dossier is received.
4. The organization shall
have personal dosimeters and external exposure protection equipment for
service-performing personnel. In cases where service activities involve contact
with unsealed radioactive sources, internal exposure protection equipment shall
be provided for service-performing personnel.
5. Where decontamination
services are provided, the organization shall have decontamination tools,
chemicals, and materials.
6. The organization shall
have a quality assurance program for service provision.
Article
70. Testing of radioactive devices
1. An organization
requesting the grant of a certificate of registration of services supporting
the application of atomic energy shall have at least 2 employees holding
practice certificates for services supporting the application of atomic energy
corresponding to the type of service for which registration is requested.
2. The organization shall
have a radioactive device testing room meeting the following requirements:
a) Availability of
shielding designs ensuring radiation safety for radiation workers and the public;
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3. The organization shall
satisfy the conditions specified in Points a, b, c, and e Clause 2 Article 23
of this Decree.
4. The organization shall
have radiation dose rate measuring devices suitable for the physical
characteristics of the radiation type for which services are to be provided.
Radiation dose rate measuring devices shall have valid calibration certificates
with a remaining validity of at least 30 days from the date the dossier is
received.
5. The organization shall
have personal dosimeters and external exposure protection equipment for
service-performing personnel. In cases where service activities involve contact
with unsealed radioactive sources, internal exposure protection equipment shall
be provided for service-performing personnel.
6. The organization shall
have a quality assurance program for service provision.
Subsection
2. CONDITIONS FOR GRANT OF PRACTICE CERTIFICATES FOR SERVICES SUPPORTING
APPLICATION OF ATOMIC ENERGY
Article
71. General conditions for grant of practice certificates for services
supporting application of atomic energy
1. An individual applying
for a practice certificate for services supporting the application of atomic energy
shall have full legal capacity.
2. The individual shall
have professional qualifications and work experience appropriate to each
corresponding type of service as specified in Articles 72 and 73 of this
Decree.
3. The individual shall
have a professional training certificate granted by a training institution
authorized by a competent authority for service types specified from Points b
through i Clause 2 Article 21 of this Decree.
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4. The individual shall
have experience in teaching or performing the role of teaching assistants at
training institutions for the service type specified in Point a Clause 2
Article 21 of this Decree.
Article
72. Radiation safety training; professional and advanced training
1. In case of practicing
radiation safety training services:
a) For technical content:
possessing a bachelor’s degree or higher in a major related to nuclear physics,
radiation technology, or nuclear engineering, and having at least 3 years of
working experience in the field of radiation safety;
b) For legal content:
possessing a bachelor’s degree or higher in law, or in majors related to
nuclear physics, radiation technology, or nuclear engineering, and having at
least 3 years of working experience in the field of radiation safety.
2. In the case of
practicing professional and advanced training services in radiation monitoring,
radiation decontamination, radioactivity assessment, personal dose monitoring,
or calibration of radiation measuring devices: possessing a bachelor’s degree
or higher in a major related to nuclear physics, radiation technology, or
nuclear engineering, and having at least 3 years of direct working experience
in the training content.
3. In the case of
practicing professional and advanced training services in the installation of
radioactive sources, installation, maintenance, and repair of radioactive
devices, inspection of radioactive devices, or testing of radioactive devices:
possessing a bachelor’s degree or higher in an engineering major, and having at
least 3 years of direct working experience in the training content.
Article
73. Radiation monitoring, radiation decontamination, radioactivity assessment,
installation of radioactive sources, installation, maintenance, and repair of
radioactive devices, personal dose monitoring, inspection of radioactive
devices, calibration of radiation measuring devices, or testing of radioactive
devices
1. In the case of
practicing radiation decontamination services: possessing a bachelor’s degree
or higher in a major related to nuclear physics, radiation technology, nuclear
engineering, or radiochemistry, and having at least 3 years of working
experience in the field of atomic energy.
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3. In the case of
practicing services of installation of radioactive sources; services of
installation, maintenance, and repair of radioactive devices: possessing a
bachelor’s degree or higher in an engineering major appropriate to the service
type provided, and having at least 3 years of working experience in the field
of atomic energy.
4. In the case of
practicing services of radiation monitoring, radioactivity assessment, personal
dose monitoring, inspection of radioactive devices, or testing of radioactive
devices: possessing a college degree or higher in an engineering major
appropriate to the service type provided, and having at least 1 year of working
experience in the field of atomic energy.
Subsection
3. PROCEDURES, METHODS OF IMPLEMENTATION, AND DOSSIERS FOR GRANT OF
CERTIFICATES OF REGISTRATION OF SERVICES AND PRACTICE CERTIFICATES FOR SERVICES
SUPPORTING APPLICATION OF ATOMIC ENERGY
Article
74. Procedures for granting certificates of registration of services supporting
application of atomic energy
1. Implementation methods
a) Organizations shall
submit dossiers for the grant of the certificate of registration of services
supporting the application of atomic energy by one of the following methods:
online via the National Public Service Portal; in person or by post to the
Result Receipt and Return Unit of the Ministry of Science and Technology of
Vietnam (Vietnam Agency for Radiation and Nuclear Safety);
b) Where dossiers are
submitted in person or by post, copies included in the dossier shall be
physical copies. Where dossiers are submitted online, copies included in the
dossier shall be electronic copies in accordance with regulations;
c) Application forms for
registration certificates and declaration forms must be signed and certified
within 3 months before the date of submission of the dossier.
2. Dossier components
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b) Declaration form of
service-performing personnel in accordance with Form No. 17 in Appendix VII
promulgated together with this Decree, enclosed with a copy of the recruitment
decision or labor contract of the organization applying for the certificate of
registration of services supporting the application of atomic energy for
service-performing personnel;
c) Declaration form of
equipment serving services supporting the application of atomic energy
corresponding to the service type, in accordance with Form No. 18 in Appendix
VII promulgated together with this Decree;
d) Safety analysis report
in accordance with Form No. 14 in Appendix IX promulgated together with this
Decree;
dd) Copy of the
establishment-level radiation incident response plan (applicable to service
activities specified in Points b and i Clause 2 Article 21 of this Decree);
e) Copy of the training
program and teaching materials (applicable to service activities specified in
Point a Clause 2 Article 21 of this Decree);
g) Copies of other
documents proving compliance with facility and technical conditions
corresponding to the service type as prescribed by this Decree.
3. Number of dossiers: 1
set.
4. Time limit for
processing and return of results
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the dossier
and collect fees and charges when receiving dossiers submitted in person. For
dossiers submitted online or by post, within 3 working days from the date of
receipt of the dossier, the dossier-receiving authority shall inspect the
completeness and validity of the dossier and notify the fees applicable to
valid dossiers (where an organization or individual submits multiple dossiers
at the same time, the dossier-receiving authority shall issue 1 notification of
fees and charges for all dossiers), or notify, in writing or online on the
National Public Service Portal, the request for amendment or supplementation if
the dossier is incomplete or invalid;
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c) Where the grant of the
certificate of registration of services supporting the application of atomic
energy is not approved, no later than the time limit specified in Point b of
this Clause, the competent authority shall issue a written response, specifying
the reasons.
Article
75. Procedures for renewing certificates of registration of services supporting
application of atomic energy
1. Organizations shall
apply for renewal of a certificate of registration of services supporting the
application of atomic energy within 45 days before its expiry date. After this
time limit, organizations shall apply for the grant of a new certificate of
registration of services supporting the application of atomic energy.
2. Implementation methods
a) Organizations shall
submit dossiers for the renewal of the certificate of registration of services
supporting the application of atomic energy by one of the following methods:
online via the National Public Service Portal; in person or by post to the
Result Receipt and Return Unit of the Ministry of Science and Technology of
Vietnam (Vietnam Agency for Radiation and Nuclear Safety);
b) Where dossiers are
submitted in person or by post, copies included in the dossier shall be
physical copies. Where dossiers are submitted online, copies included in the
dossier shall be electronic copies in accordance with regulations;
c) Application forms for
registration certificates and declaration forms must be signed and certified
within 3 months before the date of submission of the dossier.
3. Dossier components:
a) Application form for
the renewal of the certificate of registration of services supporting the
application of atomic energy in accordance with Form No. 09 in Appendix VIII
promulgated together with this Decree;
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c) Copies of personal
dose monitoring results of service-performing personnel (applicable in cases
where the service activities require the use of personal dosimeters).
4. Number of dossiers: 1
set.
5. Time limit for
processing and return of results
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier and collect fees and charges when receiving dossiers submitted in
person. For dossiers submitted online or by post, within 3 working days from
the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify the fees and
charges applicable to valid dossiers (where an organization or individual
submits multiple dossiers at the same time, the dossier-receiving authority
shall issue 1 notification of fees and charges for all dossiers), or notify, in
writing or online on the National Public Service Portal, the request for
amendment or supplementation if the dossier is incomplete or invalid;
b) Within 18 working days
from the date of receipt of a complete and valid dossier and prescribed fees
and charges, the competent authority shall appraise the dossier and renew the
certificate of registration of services supporting the application of atomic
energy in accordance with Form No. 04 in Appendix X promulgated together with
this Decree;
c) Where the renewal of
the certificate of registration of services supporting the application of
atomic energy is not approved, no later than the time limit specified in Point
b of this Clause, the competent authority shall issue a written response,
specifying the reasons.
Article
76. Procedures for amending certificates of registration of services supporting
application of atomic energy
1. Organizations shall
apply for amendment of a certificate of registration of services supporting the
application of atomic energy in cases of changes to information recorded in the
certificate, including the name, address, or service-performing equipment of
the organization, or in cases where the granting authority causes errors.
2. Implementation
methods.
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b) Where dossiers are
submitted in person or by post, copies included in the dossier shall be
physical copies. Where dossiers are submitted online, copies included in the
dossier shall be electronic copies in accordance with regulations;
c) Application forms for
registration certificates and declaration forms must be signed and certified
within 3 months before the date of submission of the dossier.
3. Dossier components
a) Application form for
the amendment of the certificate of registration of services supporting the
application of atomic energy in accordance with Form No. 10 in Appendix VIII
promulgated together with this Decree;
b) Documents proving or
certifying the amended information.
4. Number of dossiers: 1
set.
5. Time limit for
processing and return of results:
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier when receiving dossiers submitted in person. For dossiers submitted
online or by post, within 3 working days from the date of receipt of the
dossier, the dossier-receiving authority shall inspect the completeness and
validity of the dossier and notify, in writing or online on the National Public
Service Portal, the request for amendment or supplementation if the dossier is
incomplete or invalid;
b) Within 5 working days
from the date of receipt of a complete and valid dossier and prescribed fees
and charges, the competent authority shall appraise the dossier and grant the
certificate of registration of services supporting the application of atomic
energy in accordance with Form No. 04 in Appendix X promulgated together with
this Decree;
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Article
77. Procedures for granting practice certificates for services supporting
application of atomic energy
1. Implementation methods
a) Individuals shall
submit dossiers for the grant of the practice certificates for services
supporting the application of atomic energy by one of the following methods:
online via the National Public Service Portal; in person or by post to the
Result Receipt and Return Unit of the Ministry of Science and Technology of
Vietnam (Vietnam Agency for Radiation and Nuclear Safety);
b) Where dossiers are
submitted in person or by post, copies included in the dossier shall be
physical copies. Where dossiers are submitted online, copies included in the
dossier shall be electronic copies in accordance with regulations;
c) Application forms for
practice certificates and declaration forms must be signed and certified within
3 months before the date of submission of the dossier.
2. Dossier components:
a) Application form for a
practice certificate in accordance with Form No. 11 in Appendix VIII
promulgated together with this Decree;
b) Copies of diplomas,
professional certificates, and certificates in accordance with this Decree,
corresponding to the type of service for which the practice certificate is
requested;
c) Copies of documents
proving working experience corresponding to the type of service for which the
practice certificate is requested. For individuals applying for practice certificates
for radiation safety training services or professional and advanced training
services, written confirmations of teaching or assistant teaching experience
issued by training institutions are required.
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dd) Portrait photograph
sized 3 cm x 4 cm in cases of in-person submission or submission by post;
digital photo file sized 3 cm x 4 cm in cases of online submission (photo type
used for citizen ID cards, ID cards, or passports).
3. Number of dossiers: 1
set.
4. Time limit for
processing and return of results:
a) The dossier-receiving
authority shall concurrently inspect the completeness and validity of the
dossier and collect fees and charges when receiving dossiers submitted in
person. For dossiers submitted online or by post, within 3 working days from
the date of receipt of the dossier, the dossier-receiving authority shall
inspect the completeness and validity of the dossier and notify the fees and
charges applicable to valid dossiers (where an organization or individual
submits multiple dossiers at the same time, the dossier-receiving authority
shall issue 1 notification of fees and charges for all dossiers), or notify, in
writing or online on the National Public Service Portal, the request for
amendment or supplementation if the dossier is incomplete or invalid;
b) Within 7 working days
from the date of receipt of a complete and valid dossier and prescribed fees
and charges, the competent authority shall appraise the dossier and grant the practice
certificate for services supporting the application of atomic energy in
accordance with Form No. 05 in Appendix X promulgated together with this
Decree;
c) Where the grant of the
practice certificate services supporting the application of atomic energy is
not approved, no later than the time limit specified in Point b of this Clause,
the competent authority shall issue a written response, specifying the reasons.
Article
78. Authority to grant and validity period of registration certificates and practice
certificates
1. The Vietnam Agency for
Radiation and Nuclear Safety shall grant, renew, and amend certificates of
registration of services supporting the application of atomic energy and
practice certificates for services supporting the application of atomic energy.
2. Validity periods of
certificates of registration of services supporting the application of atomic
energy and practice certificates for services supporting the application of
atomic energy:
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b) A certificate of
registration of services supporting the application of atomic energy after
amendment has the same validity period as the certificate of registration
requested for amendment;
c) A practice certificate
for services supporting the application of atomic energy is valid for 5 years.
Article
79. Revocation and invalidation of certificates of registration of services
supporting application of atomic energy
1. Revocation of
certificates of registration of services supporting the application of atomic energy
shall be carried out in accordance with the law on handling of administrative
violations in the following cases:
a) The cases specified in
Points a, b, c, d, and dd Clause 2 Article 58 of the Law on Atomic Energy;
b) The case where a
registration certificate has been granted ultra vires as specified in Point e
Clause 2 Article 58 of the Law on Atomic Energy.
2. Invalidation of
certificates of registration of services supporting the application of atomic
energy
a) Upon receipt of
notification of bankruptcy or revocation of the enterprise registration
certificate in accordance with the law of the organization or individual
granted the certificate of registration of services supporting the application
of atomic energy, the authority competent to grant certificates of registration
specified in Article 78 of this Decree shall issue a written decision
invalidating the certificate of registration of services supporting the
application of atomic energy;
b) After receipt of
notification from the organization or individual regarding the termination of
services supporting the application of atomic energy, the authority competent
to grant certificates of registration specified in Article 78 of this Decree
shall issue a written confirmation of service termination, or provide
guidelines on the implementation of safety and security assurance measures in
accordance with the law on atomic energy.
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4. Any organization or
individual whose certificate of registration of services supporting the
application of atomic energy has been revoked may submit a dossier for the
grant of a certificate of registration after fulfilling obligations and
responsibilities as required by the competent state authority and fully meeting
the conditions for the grant of the certificate of registration of services
supporting the application of atomic energy in accordance with this Decree.
Section
5. RESPONSIBILITIES OF MINISTRIES, MINISTERIAL AGENCIES, AND RELEVANT
ORGANIZATIONS AND INDIVIDUALS
Article
80. Responsibilities of ministries and ministerial agencies
1. The Ministry of
Science and Technology of Vietnam shall:
a) Provide guidelines and
organize the management of radiation work and services supporting the
application of atomic energy; inspect and examine the performance of
responsibilities of agencies, organizations, and individuals as prescribed in
this Decree nationwide;
b) Provide information on
radiation work licenses already granted to organizations using or storing Group
1 radioactive sources in accordance with the national technical regulation on classification
of radioactive sources, and on the production and processing of radioactive
substances, to the Ministry of Public Security of Vietnam for cooperation in
the management of safety and security assurance.
2. The Ministry of Health
of Vietnam shall take charge and cooperate with the Ministry of Education and
Training of Vietnam and relevant ministries and central authorities in
providing detailed guidelines on supplementary training programs, recognition,
and certification of equivalent medical physics qualifications for radiation
workers who have held the position of medical physics engineer before the
application of personnel conditions specified in Point c and Point d Clause 1
Article 23 and Point d Clause 1 Article 25 of this Decree.
3. Ministries,
ministerial agencies, and governmental agencies shall, within the scope of
their assigned tasks and entitlements, cooperate with the Ministry of Science
and Technology of Vietnam in guiding, urging, and inspecting the implementation
of this Decree in sectors and fields under their assigned state management.
Article
81. Responsibilities of provincial People’s Committees
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2. Arrange cadres who
have been trained in radiation safety to carry out the state management of
radiation safety at the local level.
Article
82. Responsibilities of organizations and individuals conducting radiation work
and services supporting application of atomic energy
1. Strictly and fully
implement this Decree.
2. Comply with the
requirements of competent state authorities during the appraisal for the grant
of radiation work licenses and certificates of registration of services
supporting the application of atomic energy.
3. Share and update
databases on the Digital Platform regarding the status of conducting radiation
work and services supporting the application of atomic energy in accordance
with the guidelines of the Ministry of Science and Technology of Vietnam.
4. Ensure adequate
arrangement of human resources, equipment, and financial resources to satisfy
the conditions for conducting radiation work and conditions for services
supporting the application of atomic energy as prescribed in this Decree.
Chapter
VI
SPECIALIZED
INSPECTION AND EXAMINATION OF RADIATION AND NUCLEAR SAFETY
Article
83. Authority and scope of inspection of radiation and nuclear safety
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2. Provincial
inspectorates and other inspection bodies have the authority to conduct
inspections of radiation and nuclear safety for organizations and individuals
conducting radiation work as specified in Clauses 2, 3, 4, 5, 6, 7, 8, 9, and
10 Article 14 of the Law on Atomic Energy, and for organizations and
individuals providing services supporting the application of atomic energy,
within their jurisdiction.
3. During inspection of
nuclear power plants, inspectors may:
a) Access all relevant
locations at any time;
b) Suspend or propose
suspension of part or all of nuclear power plant operations upon detection of
risks causing serious safety loss, including: serious violations by operating
staff of operating procedures or safety principles; violations of operational
limits and conditions specified in license conditions; activities posing risks
of leading to serious accidents, nuclear safety loss, radiation release, or
excessive exposure.
4. The inspection
authority specified in Clause 1 of this Article shall conduct regular
inspections during the phases of construction, trial operation, operation, and
decommissioning of nuclear power plants.
5. Inspection authorities
specified in Clauses 1 and 2 of this Article, when conducting inspections,
shall ensure inspection contents as prescribed in Articles 86, 87, 88, 89, and
90 of this Decree.
Article
84. Professional requirements for inspectors
In addition to meeting
the requirements prescribed by the law on inspection, inspectors conducting
radiation and nuclear safety inspections shall satisfy the following
conditions:
1. Holding a bachelor’s
degree or higher in atomic and nuclear physics, nuclear engineering technology,
nuclear engineering, radiochemistry, or possessing a certificate of training in
radiation safety and radiation measurement.
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3. Inspectors conducting
inspections at nuclear power plants must have at least 5 years of working
experience in fields related to atomic energy.
Article
85. Authority, requirements, and procedures for specialized examination of
radiation and nuclear safety
1. Authority to conduct
specialized examinations of radiation and nuclear safety includes:
a) The Minister of
Science and Technology of Vietnam and the Director General of the Vietnam
Agency for Radiation and Nuclear Safety have the authority to conduct
specialized examinations of radiation and nuclear safety for organizations and
individuals conducting radiation work, services supporting the application of
atomic energy, the construction of radiation establishments, and the
construction of nuclear establishments nationwide;
b) Presidents of
provincial People’s Committees and heads of specialized agencies under
provincial People’s Committees responsible for atomic energy management have
the authority to conduct specialized examinations of radiation and nuclear
safety for organizations and individuals conducting radiation work as specified
in Clauses 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 14 of the Law on Atomic
Energy, and for organizations and individuals providing services supporting the
application of atomic energy within the province.
2. Requirements for
specialized examination of radiation and nuclear safety:
a) Procedures for
specialized examination of radiation and nuclear safety shall comply with
Chapter III of Decree No. 217/2025/ND-CP dated August 5, 2025 of the Government
of Vietnam;
b) When conducting
examinations, if violations are detected, the Examination Mission shall prepare
administrative violation records and apply handling measures and preventive
measures within its jurisdiction; require immediate remediation of conditions
or activities posing risks to radiation safety, nuclear safety, and nuclear
security; propose suspension of part or all of nuclear power plant operations
for cases specified in Point b Clause 3 Article 83 of this Decree; revoke or
propose revocation of radiation work licenses and certificates of registration
of services supporting the application of atomic energy in accordance with
Article 58 of the Law on Atomic Energy.
3. Members participating
in the Specialized Examination Mission on radiation and nuclear safety shall
satisfy the following conditions:
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b) Holding a bachelor’s
degree or higher in atomic and nuclear physics, nuclear engineering technology,
nuclear engineering, radiochemistry, or possessing a certificate of training in
radiation safety;
c) Having thorough
knowledge of the law in the field of atomic energy.
Article
86. Contents of specialized inspection and examination of radiation and nuclear
safety
1. The contents of
specialized inspection and examination of radiation and nuclear safety
applicable to organizations and individuals conducting radiation work and
constructing nuclear establishments include:
a) Implementation of
regulations on declaration of radioactive sources and radioactive devices;
grant of radiation work licenses and nuclear establishment construction
permits; compliance with license conditions;
b) Radiation safety
training, application for grant of radiation worker certificates; monitoring of
occupational doses, health examinations, and provision of personal protective
equipment for workers;
c) Implementation of
regulations on radiation safety, nuclear safety, and nuclear security;
inspection of radioactive devices and calibration of radiation measuring
devices;
d) Radiation monitoring
of workplaces; establishment of controlled areas and supervised areas;
dd) Issuance and
organization of implementation of quality assurance programs, radiation safety
rules, procedures, working instructions, and safety instructions related to
radiation work;
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g) Implementation of laws
and international treaties on nuclear inspection;
h) Implementation of
regulations on preparation for and response to radiation incidents and nuclear
incidents;
i) Establishment and
retention of radiation safety records, nuclear safety records, and nuclear
inspection records;
k) Other contents in
accordance with the law on atomic energy.
2. The contents of
specialized inspection and examination of radiation and nuclear safety
applicable to organizations and individuals providing services supporting the
application of atomic energy include:
a) Registration of
services supporting the application of atomic energy;
b) Conditions regarding
human resources and practice certificates for services supporting the
application of atomic energy for service personnel; monitoring of occupational
doses, health examinations, and provision of personal protective equipment for
personnel;
c) Facilities and
equipment used for providing services supporting the application of atomic
energy;
d) Issuance and
organization of implementation of quality assurance programs, radiation safety
rules, and procedures for providing services supporting the application of
atomic energy;
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e) Other contents in
accordance with the law on atomic energy.
3. The Ministry of
Science and Technology of Vietnam shall provide guidelines on Clause 1 of this
Article.
Article
87. Contents of specialized inspection and examination applicable to nuclear
power plants and research reactors during site survey and site selection stage
1. The contents of
specialized inspection and examination applicable to nuclear power plants and
research reactors during the site survey and site selection stage include:
a) Responsibilities of
the investor in conducting surveys and detailed site assessment; application of
regulations and standards in site survey and site selection;
b) Preparation and
implementation of the safety analysis report for the site selection stage; the
site selection overview report;
c) Issuance and
organization of the implementation of the quality assurance program during the
site survey and site selection process;
d) Site survey and data
collection activities: survey plans, survey procedures, survey equipment, and
survey personnel;
dd) Assessment of
natural, technical, and socio-economic conditions related to the site;
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g) Community consultation
activities during the site selection process;
h) Preparation and
management of records related to site survey and site selection;
i) Other contents in
accordance with the law on atomic energy.
2. The Ministry of
Science and Technology of Vietnam shall provide guidelines on Clause 1 of this
Article.
Article
88. Contents of specialized inspection and examination applicable to nuclear
power plants and research reactors during construction stage
1. The contents of
specialized inspection and examination applicable to nuclear power plants and
research reactors during the construction stage include:
a) Quality and safety
management systems;
b) Implementation of conditions
of the nuclear power plant construction permit;
c) Organization of the
construction and installation in accordance with approved and appraised design
documentation; management of design changes, ensuring that all safety-related changes
are fully assessed and approved before implementation;
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dd) Professional
capacity, practice certificates, and working conditions of engineers and
workers performing work related to nuclear safety; organization of training in
radiation safety, nuclear safety, occupational safety, and personal protection;
e) Origin, certificates
of origin, and quality certificates of materials and devices used in the works,
especially devices belonging to safety systems; receipt, preservation, and use
of materials and devices at the site in compliance with technical regulations
and quality assurance conditions;
g) Implementation of
technical procedures and national and international standards during the
construction and installation of structures and devices;
h) Radiation safety and
occupational safety related to radiation safety and nuclear safety;
i) Design and fabrication
of structures, systems, and components important to reactor safety;
k) Other contents in
accordance with the law on atomic energy.
2. The Ministry of Science
and Technology of Vietnam shall provide guidelines on Clause 1 of this Article.
Article
89. Contents of specialized inspection and examination of radiation and nuclear
safety applicable to nuclear power plants and research reactors during trial
operation and operation stages
1. The contents of
specialized inspection and examination applicable to nuclear power plants and
research reactors during the trial operation and operation stages shall be
implemented in accordance with Clause 3 Article 59 of the Law on Atomic Energy,
Clause 1 Article 86 of this Decree, and the following contents:
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b) Safety management
system and quality management system in accordance with the law on atomic
energy;
c) Capacity of the
investor to organize trial operation activities;
d) Reporting of trial
operation results; changes in technical targets, operating conditions, and
operating limits compared with the construction design;
dd) Responsibilities for
ensuring adequate resources for safe operation;
e) Financial guarantee
measures to fulfill legal obligations throughout the operation and
decommissioning;
g) Other contents in
accordance with the law on atomic energy.
2. The Ministry of
Science and Technology of Vietnam shall provide guidelines on Clause 1 of this
Article.
Article
90. Contents of specialized inspection and examination of radiation and nuclear
safety applicable to nuclear power plants and research reactors during
decommissioning stage
1. The contents of
specialized inspection and examination applicable to nuclear power plants and
research reactors during the decommissioning stage shall comply with Clause 1
Article 86 of this Decree and include the following contents:
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b) Implementation of the
approved decommissioning plan;
c) Financial guarantee
for decommissioning;
d) Other contents in
accordance with the law on atomic energy.
2. The Ministry of
Science and Technology of Vietnam shall provide guidelines on Clause 1 of this
Article.
Article
91. Frequency of specialized inspection and examination of radiation and
nuclear safety
1. The frequency of
specialized inspection and examination of radiation and nuclear safety shall
correspond to the scale, type of radiation work, and risk level posed by
radiation work, and be no lower than the following frequencies:
a) For nuclear power
plants and research reactor establishments: at least once per year;
b) For establishments
producing or processing radioactive substances; establishments operating
accelerators; radiotherapy establishments; industrial irradiation establishments;
establishments using radiopharmaceuticals in nuclear medicine; establishments
using or storing radioactive sources with above-medium hazard levels;
provincial establishments for treatment, storage, and disposal of radioactive
waste; national establishments for treatment, storage, and disposal of
radioactive waste, spent radioactive sources, and spent nuclear fuel: at least
once every 2 years.
2. The Ministry of
Science and Technology of Vietnam shall provide guidelines on the inspection
and examination frequency applicable to other types of establishments
conducting radiation work not specified in Clause 1 of this Article.
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Specialized Inspection
Missions and Specialized Examination Missions shall be equipped with
appropriate equipment to ensure a comprehensive assessment of the contents of
specialized inspection and examination, including:
1. Measuring devices for
safety assessment and quality inspection of radioactive devices
a) Radiation dose rate
measuring devices;
b) Radioactive
contamination measuring devices;
c) Radioisotope
identification devices;
d) Sampling devices and
tools;
dd) Means and equipment
for quality assessment of linear accelerators used in radiotherapy, devices
used in nuclear medicine, and medical diagnostic X-ray devices;
e) Specialized software
for radiation and nuclear safety assessment applicable to nuclear power plants
and research reactors.
2. Safety assurance
equipment and other devices
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b) Radiation protection
equipment for members of Specialized Inspection Missions and Specialized
Examination Missions;
c) Office equipment;
d) Photography, audio
recording, and video recording devices.
3. Devices specified in
Points a, b, c, and dd Clause 1 of this Article shall have measurement ranges,
detection thresholds, and response times appropriate to the type of radiation
being measured.
4. Equipment used during
specialized inspection and examination shall be calibrated in accordance with
this Decree and have valid calibration certificates or calibration certificates
at the time of inspection or examination.
Chapter
VII
NUCLEAR
INSPECTION
Article
93. Nuclear inspection and cooperation responsibilities of Vietnam
1. The International
Atomic Energy Agency shall cooperate with the Vietnam Agency for Radiation and Nuclear
Safety in implementing nuclear inspection measures to control the use of
nuclear materials, source nuclear materials, non-nuclear materials, and devices
specially designed and manufactured for use in the nuclear fuel cycle
(hereinafter referred to as “materials and devices subject to nuclear
inspection”) and other related activities, to prevent nuclear weapons
proliferation and the illegal transport and use of materials and devices
subject to nuclear inspection.
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a) Inspection of design
information documentation of establishments subject to nuclear inspection,
nuclear material accounting reports, and operational records of establishments
and devices subject to nuclear inspection;
b) Inventory of nuclear
materials and source nuclear materials;
c) Application of
inspection measures; performance of independent measurements; verification of
operational performance and calibration of measuring devices; and
implementation of other technical measures where necessary;
d) Access to information,
locations, and establishments subject to nuclear inspection in accordance with
Vietnam’s declarations and the time and frequency specified in international
treaties on nuclear inspection to which the Socialist Republic of Vietnam is a
signatory.
3. Nuclear inspection
activities shall be conducted in the form of ad hoc inspections, periodic
inspections, special inspections, and complementary access, including:
a) Ad hoc inspections,
conducted for the first time for design information documentation of
establishments subject to nuclear inspection and upon changes to such records;
and when verification is required of the quantity and composition of nuclear
materials and source nuclear materials before export from and upon import into
the territory of Vietnam;
b) Periodic inspections,
conducted by the International Atomic Energy Agency to verify information
contained in Vietnam’s national nuclear material accounting reports;
c) Special inspections,
conducted at the request of the International Atomic Energy Agency, on the
basis of consultation with the Vietnam Agency for Radiation and Nuclear Safety,
to clarify information provided by Vietnam regarding issues not resolved during
inspections specified in Points a and b Clause 3 of this Article;
d) Complementary access,
conducted to verify Vietnam’s declared information regarding activities
including export and import of materials and devices subject to nuclear
inspection, and research and development activities related to the nuclear fuel
cycle, including activities not involving nuclear materials.
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a) Taking charge and
cooperating with relevant organizations, individuals, and authorities in
collecting and providing information to the International Atomic Energy Agency
in accordance with the requirements of international treaties on nuclear inspection
to which the Socialist Republic of Vietnam is a signatory, including nuclear
material accounting reports, source nuclear material reports, and declarations
required under relevant international treaties;
b) Organizing activities
to verify the accuracy and completeness of information on nuclear materials,
source nuclear materials, nuclear establishments, and other related activities
declared by organizations and individuals or at the request of the
International Atomic Energy Agency;
c) Developing and
managing the national system for accounting and control of nuclear materials
and nuclear inspection data;
d) Cooperating with the
International Atomic Energy Agency and relevant authorities in organizations in
nuclear inspection activities in accordance with Clause 2 of this Article.
Article
94. Responsibilities of organizations and individuals having establishments
subject to nuclear inspection
1. Establishments subject
to nuclear inspection include:
a) Nuclear establishments
as prescribed in Clause 1 Article 33 of the Law on Atomic Energy;
b) Locations containing
nuclear materials or source nuclear materials in a quantity exceeding 1
effective kilogram.
An effective kilogram is
defined as follows: the effective kilogram of plutonium equals the mass of
plutonium expressed in kilograms; the effective kilogram of uranium enriched to
1% or more equals the mass of uranium expressed in kilograms multiplied by the
square of the enrichment level; the effective kilogram of uranium enriched to
more than 0,5% and less than 1% equals the mass of uranium expressed in
kilograms multiplied by 0,0001; the effective kilogram of uranium enriched to
0,5% or less, and of thorium, equals the mass of uranium or thorium expressed
in kilograms multiplied by 0,00005.
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a) Carry out nuclear
accounting and periodically report nuclear accounting results in accordance
with the law and the requirements of the Vietnam Agency for Radiation and Nuclear
Safety;
b) Implement supervision
measures for nuclear materials and source nuclear materials;
c) Ensure the physical
protection of nuclear materials, source nuclear materials, and nuclear
establishments in accordance with Vietnamese law;
d) Submit design
information documentation of establishments subject to nuclear safeguards to
the Vietnam Agency for Radiation and Nuclear Safety before the introduction of
nuclear materials or source nuclear materials into the establishment, or before
any modification of such documentation;
dd) Retain nuclear
material accounting records throughout the period during which nuclear
materials or source nuclear materials are present at the establishment;
e) Submit to inspection
activities as required by the Vietnam Agency for Radiation and Nuclear Safety
and the International Atomic Energy Agency.
Article
95. Responsibilities of organizations and individuals using and storing nuclear
materials, source nuclear materials, non-nuclear materials, and devices
specifically designed and fabricated for use in nuclear fuel cycle
1. Organizations and
individuals using or storing nuclear materials or source nuclear materials
other than those specified in Clause 1 Article 94 of this Decree, but having a
quantity equal to or greater than 0,001 kilogram of enriched uranium, 0,001
kilogram of plutonium, 1 kilogram of depleted uranium, 1 kilogram of natural
uranium, or 1 kilogram of thorium, shall:
a) Report information on
the use and location of use of nuclear materials and source nuclear materials,
and any change to such information, to the Vietnam Agency for Radiation and
Nuclear Safety;
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2. Organizations and
individuals using or storing nuclear materials or source nuclear materials
having a quantity smaller than that specified in Clause 1 of this Article are
not required to perform the responsibilities specified in Points a and b Clause
1 of this Article, unless otherwise required by the Vietnam Agency for Radiation
and Nuclear Safety.
3. Organizations and
individuals using or storing non-nuclear materials and devices specially
designed or manufactured for use in the nuclear fuel cycle shall:
a) Within 7 working days
from the date of possessing such non-nuclear materials or devices specially
designed or manufactured for use in the nuclear fuel cycle, report relevant
information to the Vietnam Agency for Radiation and Nuclear Safety;
b) Submit to inspections
and nuclear inspection activities as required by the Vietnam Agency for
Radiation and Nuclear Safety.
Article
96. Responsibilities of organizations and individuals conducting export and
import of materials and devices subject to nuclear inspection, and carrying out
research and development activities related to nuclear fuel cycle
1. Organizations and
individuals that export or import materials and devices subject to nuclear
inspection shall ensure that such export and import activities are carried out
only upon the grant of a license by a competent state authority, and report
information on such export and import activities to the Vietnam Agency for
Radiation and Nuclear Safety.
2. Organizations and
individuals that carry out research and development activities related to the
nuclear fuel cycle, including activities not involving nuclear materials,
shall:
a) Declare and update
information annually and upon request of the Vietnam Agency for Radiation and
Nuclear Safety;
b) Provide information to
the Vietnam Agency for Radiation and Nuclear Safety when there is a plan to
conduct research and development activities related to the nuclear fuel cycle.
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Article
97. Responsibilities of Ministry of Science and Technology of Vietnam in
implementing nuclear inspection
1. Prescribe and provide
detailed guidelines on the following matters:
a) Guidelines on the
implementation of nuclear material accounting and preparation of reports on
nuclear materials; design information of nuclear establishments; reports of
organizations and individuals managing nuclear establishments and using or
storing materials and devices subject to nuclear inspection while conducting
related activities;
b) Guidelines on the
implementation of declaration requirements under international treaties on
nuclear non-proliferation and nuclear inspection to which the Socialist
Republic of Vietnam is a signatory;
c) The list of
non-nuclear materials and devices specially designed and manufactured for use
in the nuclear fuel cycle, subject to nuclear inspection.
2. Take charge and
cooperate with the Ministry of Finance of Vietnam in nuclear inspection
activities related to the export and import of materials and devices subject to
nuclear inspection, and activities related to customs clearance of devices and
supplies serving nuclear inspection activities in Vietnam.
3. Cooperate with the
Ministry of Foreign Affairs of Vietnam in the exchange and handling of
information under international treaties related to nuclear non-proliferation
and nuclear inspection to which the Socialist Republic of Vietnam is a
signatory.
4. Cooperate with the
Ministry of Public Security of Vietnam in personnel verification and approval
of inspectors proposed by the International Atomic Energy Agency.
Article
98. Responsibilities of ministries and central authorities in implementing
nuclear inspection
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2. The Ministry of
Finance of Vietnam shall:
a) Prioritize procedures
for temporary import for re-export of devices sent to Vietnam by the
International Atomic Energy Agency for conducting nuclear inspection
activities, and for exporting samples taken by International Atomic Energy
Agency inspectors during implementation, upon confirmation by the Vietnam
Agency for Radiation and Nuclear Safety;
b) Cooperate with the
Ministry of Science and Technology of Vietnam in controlling the export and
import of materials and devices subject to nuclear inspection.
3. The Ministry of Public
Security of Vietnam shall:
a) Conduct personnel
verification of inspectors proposed by the International Atomic Energy Agency
and notify the Ministry of Science and Technology of Vietnam within 2 months
from receipt of the written request of the Ministry of Science and Technology
of Vietnam;
b) Issue multiple-entry
visas with a minimum validity of one year to International Atomic Energy Agency
inspectors approved by Vietnam.
4. Responsibilities of
relevant ministries and central authorities:
a) Provide authorized
representatives of the Vietnam Agency for Radiation and Nuclear Safety and
international inspectors with information related to the implementation of
nuclear inspection as required by international treaties on nuclear safeguards
to which Vietnam is a signatory;
b) Permit authorized
representatives of the Vietnam Agency for Radiation and Nuclear Safety and
international inspectors to access specific locations as required by
international treaties on nuclear safeguards to which Vietnam is a signatory;
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Chapter
VIII
RESPONSES TO
RADIATION AND NUCLEAR INCIDENTS AND COMPENSATION FOR NUCLEAR DAMAGE
Section
1. RESPONSES TO RADIATION AND NUCLEAR INCIDENTS
Article
99. Development and approval of radiation and nuclear incident response plans
at all levels
1. Organizations and
individuals conducting radiation work shall develop radiation and nuclear
incident response plans and submit them to the authority competent to grant the
radiation work license for appraisal and approval in accordance with Chapter V
of this Decree.
2. Provincial People’s
Committees shall develop and approve provincial radiation and nuclear incident
response plans after obtaining professional opinions from the Ministry of
Science and Technology of Vietnam.
3. The Ministry of
Science and Technology of Vietnam shall take charge and cooperate with the
Ministry of National Defense of Vietnam, the Ministry of Public Security of
Vietnam, ministries, central authorities, ministerial agencies, and relevant
local authorities in developing the national radiation and nuclear incident
response plan for submission to the Prime Minister of Vietnam for promulgation.
4. The Ministry of
Science and Technology of Vietnam shall elaborate on the contents of incident
response plans of nuclear establishments and provincial incident response
plans.
Article
100. Requirements for preparation and response to radiation incidents and
nuclear incidents
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a) Classification of
preparation for response to radiation and nuclear incidents shall be used as
the basis for preparation activities and incident response activities;
b) General criteria
levels shall be used as the basis for implementing corresponding protective
actions;
c) Alert levels shall be
used as the basis for mobilizing resources to carry out radiation and nuclear
incident response activities.
2. Organizations and
individuals participating in the preparation and response to radiation and
nuclear incidents shall ensure the following fundamental requirements:
a) To control incident
progression and mitigate consequences;
b) To protect human life;
c) To prevent or mitigate
severe deterministic effects;
d) To provide initial
relief measures and treatment for victims;
dd) To minimize the risk
of stochastic effects;
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g) To prevent, to the
greatest extent possible, the occurrence of non-radiological consequences for
individuals and the public;
h) To minimize damage to
property and the environment;
i) To create favorable
conditions for long-term recovery and for planning the restoration of
socio-economic activities to normal conditions.
3. Relevant ministries
and central authorities under the national radiation and nuclear incident
response plan shall build capacity and ensure readiness for response, including
training, advanced training, drills, exercises, and maneuvers for specialized
forces, and investment in technical equipment and necessary means to meet the
assigned requirements and tasks.
4. The Ministry of
Science and Technology of Vietnam shall provide guidelines on Clauses 1 and 2
of this Article.
Article
101. Responsibilities of relevant agencies, organizations, and individuals upon
occurrence of incidents
1. Organizations and
individuals conducting radiation work shall:
a) Identify the location of
the incident; preliminarily determine the cause, nature, and potential
development of the incident to implement the establishment-level radiation and
nuclear incident response plan;
b) Immediately notify the
directly superior agency or organization, the People’s Committee or public
security authority where the incident occurs, or the Vietnam Agency for
Radiation and Nuclear Safety of the incident location; and conduct a
preliminary assessment of the cause of the incident and its impacts on humans,
the environment, and society;
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d) Bear the costs of response,
handling, remediation, and environmental restoration caused by the incident;
depending on the nature and severity of violations, specific disciplinary
action, administrative penalties, or criminal prosecution shall be applied.
2. Ministries, central
authorities, agencies, and organizations directly supervising organizations and
individuals conducting radiation work shall be responsible for directing such
organizations and individuals to implement incident response plans.
3. Provincial Civil
Defense Command shall:
a) Consolidate
organizational structures for the preparation and response to radiation and
nuclear incidents;
b) Organize the
implementation of the provincial incident response plan when an incident
occurs;
c) Direct and inspect the
implementation of establishment-level incident response plans when an incident
occurs, and promptly provide support when the incident exceeds the response
capacity of the establishment level;
d) Direct commune-level
Civil Defense Commands to carry out initial incident response activities,
including isolation of radioactive hazard areas, evacuation of people, and
cooperation in searching for radioactive sources;
dd) Promptly report to
the National Civil Defense Steering Committee and the Ministry of Science and
Technology of Vietnam on the local occurrence of incidents;
e) Take charge and
cooperate with relevant agencies in determining the cause of the local
occurrence of incidents; provide information on provincial incidents via local
mass media.
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a) Organize the
implementation of the national radiation and nuclear incident response plan;
b) Promptly provide
support for incident response when incidents exceed the local response
capacity.
5. The Ministry of Science
and Technology of Vietnam shall:
a) Direct the Vietnam
Agency for Radiation and Nuclear Safety to implement support measures and
mobilize human resources and means for incident remediation;
b) Cooperate with
provincial People’s Committees in implementing provincial incident response
plans;
c) Take charge and
cooperate with relevant parties in determining incident causes in accordance
with the national radiation and nuclear incident response plan and incident
levels; report to the National Civil Defense Steering Committee and cooperate
in the implementation of the national incident response plan; and provide
information on national incidents via mass media;
d) Notify relevant
countries and international organizations of incidents and request international
assistance in accordance with international treaties and agreements on incident
notification and international assistance to which the Socialist Republic of
Vietnam is a signatory;
dd) In radiation and
nuclear emergencies, advise and consult the Government of Vietnam and the
National Civil Defense Steering Committee in organizing and implementing
resolutions of the Standing Committee of the National Assembly of Vietnam and
orders of the President of Vietnam on radiation and nuclear emergency status; and
direct specialized agencies under its management to perform technical advisory
functions during radiation and nuclear emergencies.
6. The Ministry of
National Defense of Vietnam shall assist the Prime Minister of Vietnam in
developing programs and consolidating and enhancing the capacity of incident
response forces; regularly consolidate and enhance the capacity of such forces;
and regularly direct and mobilize human resources and means to participate in
the implementation of the national incident response plan and to support
response to incidents exceeding local response capacity.
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8. The Ministry of
Foreign Affairs of Vietnam shall cooperate with the Ministry of Science and
Technology of Vietnam in notifying relevant countries and international
organizations of incidents and requesting international assistance in
accordance with international treaties and agreements on incident notification
and international assistance to which the Socialist Republic of Vietnam is a
signatory.
9. The Ministry of Health
of Vietnam shall direct and mobilize human resources and means to participate
in rescue and emergency medical response.
10. Relevant
organizations and individuals shall provide information and documents and create
all necessary conditions to support incident response, remediation, and
investigation of incident causes.
Article
102. Determination and notification of radiation incident and nuclear incident
levels
1. Radiation incident and
nuclear incident levels (hereinafter collectively referred to as “incident
levels”) for notification on mass media shall be determined in accordance with
the International Nuclear and Radiological Event Scale (INES) of the
International Atomic Energy Agency (IAEA), reflecting increasing severity of
consequences to humans and the environment, safety protection layers and
radiation control, and the principle of defense in depth.
2. Incident levels shall
be determined as follows:
a) Level 1 (Anomaly)
shall be determined when one of the following situations occurs: members of the
public are exposed to radiation with doses exceeding the public dose limits;
minor failure of a safety component while defense-in-depth protection system
remains ensured; loss or appropriation of a sealed radioactive source, device,
or consignment containing a radioactive source of below-medium hazard level.
b) Level 2 (Incident)
shall be determined when one of the following situations occurs: members of the
public are exposed to radiation with doses greater than 10 millisieverts (mSv);
radiation workers are exposed to radiation with doses exceeding occupational
dose limits; dose rate at the workplace exceeds 50 millisieverts per hour
(mSv/h); significant radioactive contamination occurs in areas that, by design,
are not expected to be radioactively contaminated; violation of safety
regulations without causing consequences; detection of a sealed radioactive
source out of control, or a device or transport consignment containing a
radioactive source with a hazard level of medium or higher in violation of
safety regulations; failure to comply with packaging requirements for sealed
radioactive sources with a hazard level of medium or higher.
c) Level 3 (Serious
incident) shall be determined when one of the following situations occurs:
radiation workers are exposed to radiation exceeding ten times the occupational
dose limit; deterministic biological effects occur but do not cause death; dose
rate at the workplace exceeds 1 sievert per hour (Sv/h); serious radioactive contamination
occurs in areas that, by design, are not expected to be radioactively
contaminated but with low potential to cause significant exposure to the
public; a serious incident close to the level of an accident at a nuclear power
plant with no remaining safety protection layers; loss or theft of a sealed
radioactive source with a hazard level of medium or higher; misdelivery of a
sealed radioactive source with a hazard level of medium or higher to an
establishment without appropriate safety assurance procedures for handling.
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dd) Level 5 (Accident
with wider consequences) shall be determined when one of the following
situations occurs: radioactive release into the environment (total
radioactivity equivalent to approximately several hundred to several thousand
of TBq I-131) requiring implementation of certain response actions under
relevant plans; multiple radiation-related fatalities; severe damage to the
reactor core; release of a large amount of radioactive materials within the
establishment with a high likelihood of causing high radiation doses to the
public.
e) Level 6 (Serious
accident) shall be determined when a situation occurs involving the release of
a large amount of radioactive materials into the environment (total
radioactivity equivalent to approximately several thousand to several tens of
thousands of TBq I-131) requiring implementation of response actions under
relevant plans.
g) Level 7 (Nuclear
disaster) shall be determined when a large amount of radioactive materials is
released into the environment (total radioactivity equivalent to more than
several tens of thousands of TBq I-131), causing widespread impact on humans
and the environment and requiring implementation of response actions under
relevant plans and extended response measures.
3. The Ministry of
Science and Technology of Vietnam shall provide detailed guidelines on D2
values, methods for determining incident levels, and procedures for assessing
and notifying incident levels through mass media and to relevant organizations
and countries, ensuring consistency with the INES of the IAEA.
Article
103. Measures applied in radiation and nuclear emergencies
Response measures in
radiation and nuclear emergencies shall be implemented in accordance with the
law on civil defense and the law on emergencies, and one or more of the
following measures may be applied:
1. Prohibition or
restriction of persons and vehicles from entering emergency protection zones,
except for cases involving the execution of incident response tasks;
2. Restriction or
suspension of exit, entry, transit, and import and export activities where
there is a risk of cross-border radioactive contamination;
3. Environmental
radiation decontamination;
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Section
2. COMPENSATION FOR NUCLEAR DAMAGE
Article
104. Compensation for nuclear damage
1. Nuclear damage as
prescribed in Clause 1 Article 69 of the Law on Atomic Energy means one of the following
types of damage:
a) Damage to human life
or personal health;
b) Loss of or damage to
property;
c) Direct economic losses
arising from the damage specified in Points a and b of this Clause;
d) Actual costs of
measures to restore impaired environments, unless such impairment is
insignificant, provided that such measures have been actually adopted or will
be adopted, excluding the damage specified in Point b of this Clause;
dd) Loss of income
arising from an economic interest in any use of or enjoyment of the
environment, incurred as a consequence of significant impairment of that
environment, excluding the damage specified in Point b of this Clause;
e) Costs of preventive
measures and any loss or damage directly arising from such measures;
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2. The level of
compensation for nuclear damage shall be based on agreements made by the
concerned parties. Where agreement cannot be reached, the following regulations
shall apply:
a) Damage to persons
shall be determined in accordance with civil law;
b) Environmental damage
shall be determined in accordance with the law on environmental protection.
Article
105. Financial assurance and insurance for nuclear damage compensation
1. Financial assurance
a) The total amount of
compensation for damage caused by a single nuclear incident shall be guaranteed
at not less than 300 (three hundred) million SDR.
SDR is the monetary unit
determined by the International Monetary Fund, being the Special Drawing Right,
and shall be converted into Vietnamese dong at the exchange rate applicable at
the time of compensation payment.
b) The operating
organization of a nuclear establishment shall obtain and maintain insurance or
other forms of financial assurance in accordance with the law to fulfill the
liability for nuclear damage compensation, with the minimum amount as follows:
150 (one hundred and fifty) million SDR for each incident occurring at a
nuclear power plant; 5 (five) million SDR for each incident occurring at other
nuclear establishments and for incidents arising from the transport of nuclear
materials.
c) When applying for a
license for the trial operation of a nuclear establishment, the investor or the
operating organization of the nuclear establishment shall submit to the
Ministry of Science and Technology of Vietnam the following documents to
demonstrate financial assurance capacity for nuclear damage compensation: an
insurance contract or another financial assurance plan, or both.
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d) Where actual damage
exceeds the compensation liability amount borne by the investor or the
operating organization of the nuclear establishment as prescribed in Point b of
this Clause, or where the investor, operating organization, insurer, or the
other financial assurance organization is unable to pay the compensation
obligation fully within its responsibility, the State shall ensure payment of
the remaining amount so that the total compensation for each nuclear incident does
not exceed 300 million SDR.
2. Insurance for nuclear
damage compensation
a) The investor or the
operating organization of a nuclear establishment shall be responsible for
purchasing nuclear damage compensation insurance or implementing other
financial assurance measures up to the limit of its compensation liability as
prescribed in Point b Clause 1 of this Article. The provision and use of such
insurance services in Vietnam shall comply with Article 6 of the Law on
Insurance Business. Insurers providing insurance products to investors or
operating organizations of nuclear establishments shall continuously maintain
and ensure financial safety and solvency capacity in accordance with Articles
109 and 110 of the Law on Insurance Business.
b) Insurers and policyholders
may agree on insurance rules, terms, premiums, and deductibles on the basis of
documentary evidence confirming that the leading foreign insurer or foreign
insurance organization assuming reinsurance has accepted reinsurance in
accordance with the same rules, terms, and deductibles as those provided by the
insurer to the policyholder.
Leading foreign insurers
or foreign insurance organizations assuming reinsurance, and foreign insurers
or foreign insurance organizations assuming reinsurance of 10% or more of the
total liability amount of each reinsurance contract, shall satisfy the
requirements prescribed in Point b Clause 2 Article 86 of Decree No.
46/2023/ND-CP dated 01 July 2023 of the Government of Vietnam, and any
amendments or supplements thereto, if any.
Chapter
IX
IMPLEMENTATION
Article
106. Transitional provisions
Transitional cases:
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2. Where organizations or
individuals have submitted dossiers for the grant, amendment, supplementation,
or renewal of radiation work licenses, certificates of registration of services
supporting the application of atomic energy, practice certificates for services
supporting the application of atomic energy, or radiation worker certificates,
but licenses or certificates have not yet been granted as of the effective date
of this Decree, the dossiers shall continue to be processed in accordance with
the law on atomic energy in force before the effective date of this Decree.
3. National technical
regulations on radiation safety, classification of radioactive sources,
exemption from declaration and licensing, national technical regulations
applicable to accelerators used in radiotherapy, and X-ray devices in the
health sector shall continue to apply until replacement documents are issued.
4. Where any legislative
document cited in this Decree is amended, supplemented, or replaced, comply
with its new edition.
Article
107. Entry into force
1. This Decree comes into
force as of January 1, 2026.
2. Where any technical
regulation or technical standard cited in this Decree is amended, supplemented,
or replaced, comply with its new edition.
3. Decree No.
142/2020/ND-CP dated December 9, 2020 of the Government of Vietnam shall cease
to have effect from the effective date of this Decree.
4. Decree No.
07/2010/ND-CP dated January 25, 2010 of the Government of Vietnam shall cease
to have effect from the effective date of this Decree.
5. Articles 45, 46, and
47 of Decree No. 133/2025/ND-CP dated June 12, 2025 of the Government of
Vietnam shall cease to have effect from the effective date of this Decree.
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7. The requirement to
have a quality assurance program for service performance, managed in accordance
with the international standard ISO 21000, as prescribed in Clause 4 Article 63
of this Decree, shall apply as follows:
a) Organizations granted
certificates of registration for radiation safety training activities or
professional training and advanced training activities before the effective
date of this Decree shall develop and manage quality in accordance with the
international standard ISO 21000 from January 1, 2029;
b) Organizations granted
certificates of registration for radiation safety training activities or
professional training and advanced training activities after the effective date
of this Decree shall develop and manage quality in accordance with the
international standard ISO 21000 within 3 years from the date the certificate
of registration is granted.
Article
108. Implementation responsibilities
Ministers, Directors of
ministerial agencies, Directors of governmental agencies, Presidents of
People’s Committees of provinces, and relevant organizations and individuals
shall implement this Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Chi Dung
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