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THE PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 45/2010/QD-TTg
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Hanoi, June 14, 2010
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DECISION
PROMULGATING THE REGULATION ON NUCLEAR CONTROL
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 3, 2008 Law on Atomic Energy;
At the proposal of the Minister of Science and Technology,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on nuclear control.
Article 2. This Decision
takes effect on August 15, 2010.
The
Minister of Science and Technology shall organize and guide the implementation
of this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Thien Nhan
REGULATION
ON NUCLEAR CONTROL
(Promulgated together with the Prime Minister's Decision No. 45/2010/QD-TTg
of June 14, 2010)
Article 1. Scope of regulation
This
Regulation provides for the control of the use, storage, export and import of
nuclear materials, source nuclear materials; materials and equipment in the
nuclear fuel cycle in Vietnam.
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1.
Vietnamese and foreign organizations and individuals that use. store, export or
import nuclear materials, source nuclear materials: materials and equipment in
the nuclear fuel cycle.
2.
Competent state agencies and international organizations that perform nuclear
control activities.
Article 3. Interpretation of terms
1.
Nuclear accounting means the inventory and making of a balance sheet of nuclear
materials and source nuclear materials.
2.
Nuclear inventory means the counting and measurement of nuclear materials and
source nuclear materials to determine the quantity of materials available in a
given period of time at a certain facility or place.
3.
Engineering dossier of a facility subject to nuclear control presents general
information on the facility; plan of the facility; engineering particularities
of the facility and equipment related to the process of nuclear accounting and
supervising measures; type, quantity, position and transformation process of
nuclear materials and source nuclear materials at the facility; and nuclear accounting
processes applied by the facility.
4.
Effective kilogram means a quantity determined as follows:
a/
For plutonium: It corresponds to a quantity weighing in kilograms;
b/
For uranium of an enrichment of 1% or higher: It corresponds to a quantity weighing
in kilograms multiplied by the square of its enrichment;
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d/
For uranium of an enrichment of 0.5% or lower and for thorium: It corresponds
to quantity weighing in kilograms multiplied by 0.00005.
Article 4. Nuclear control principles
1.
Nuclear control activities must comply with Vietnamese laws and treaties to
which Vietnam is a contracting party.
2.
Nuclear control activities must be conducted in a frequent, continuous and
strict manner.
3.
Nuclear control activities may not impede normal activities of organizations
and individuals.
Article 5. Prohibited acts
1.
Illegally getting access to, possessing, trading in, owning, producing,
assembling, transporting or using materials and equipment subject to nuclear
control.
2.
Refusing to provide information or providing untruthful information on the
use, storage, export or import of nuclear materials and source nuclear
materials; or materials and equipment in the nuclear fuel cycle under this
Regulation.
3.
Obstructing lawful inspection and examination by competent agencies and
organizations.
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1.
Facilities subject to nuclear control include:
a/
Research nuclear reactors; nuclear power plants; uranium enrichment or nuclear
fuel production facilities; facilities recycling, storing, disposing of or
burying spent nuclear fuels:
b/
Places where exist nuclear materials or source nuclear materials of a quantity
of over 1 effective kilogram.
2.
Organizations and individuals that have facilities subject to nuclear control
shall:
a/
Conduct nuclear accounting and periodically report on nuclear accounting
results at the request of the Vietnam Agency for Radiation and Nuclear Safety;
b/
Take measures to supervise nuclear materials and source nuclear materials:
c/
Submit engineering dossiers of their facilities to the Vietnam Agency for
Radiation and Nuclear Safety before bringing nuclear materials and source
nuclear materials into their facilities or before making changes in those
dossiers;
d/
Keep nuclear accounting dossiers during the time of storing nuclear materials
and source nuclear materials in their facilities:
e/
Submit to inspection and examination of the Vietnam Agency for Radiation and
Nuclear Safety and concerned international organizations;
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Article 7. Responsibilities of organizations and individuals that use
and store other nuclear materials and source nuclear materials
1.
Organizations and individuals that use and store nuclear materials and source
nuclear materials other than those defined in Clause 1.Article 6 of this
Regulation which weigh 0.001 kilogram or more for enriched uranium or for plutonium,
or 1 kilogram for poor uranium and natural uranium or for thorium shall:
a/
Report on the use and places of use of nuclear materials and source nuclear
materials and any change in reported information to the Vietnam Agency for
Radiation and Nuclear Safety;
b/
Comply with the provisions of Points a. b. d, e and f. Clause 2, Article 6 of
this Regulation.
2.
Organizations and individuals that use and store nuclear materials and source
nuclear materials in quantities smaller than those specified in Clause 1 of
this Article are not required to fulfill the responsibilities specified at
Points a and b. Clause 1 of this Article, unless the Vietnam Agency for
Radiation and Nuclear Safety so requests.
Article 8. Responsibilities of organizations and individuals that use
and store materials and equipment in the nuclear fuel cycle
1.
Within 7 working days after having materials and equipment in the nuclear fuel
cycle, to report such to the Vietnam Agency for Radiation and Nuclear Safety.
2.
To submit to inspection and examination by the Vietnam Agency for Radiation and
Nuclear Safety and concerned international organizations.
Article 9. Responsibilities of organizations and individuals that export
or import materials and equipment
subject to nuclear control
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a/
Nuclear materials and source nuclear materials;
b/
Materials and equipment in the nuclear fuel cycle under the guidance of the
Ministry of Science and Technology.
2.
Organizations and individuals that export or import materials and equipment
subject to nuclear control shall:
a/
Report on the export or import of materials and equipment subject to nuclear
control to the Vietnam Agency for Radiation and Nuclear Safety;
b/
Submit to inspection and examination by the Vietnam Agency for Radiation and Nuclear
Safety.
Article 10. International inspection
1.
International inspection means nuclear control performed by the International
Atomic Energy Agency to verify reported information and compliance with
treaties on nuclear control to which Vietnam is a contracting party.
2.
International inspection covers:
a/
Examining engineering dossiers, nuclear accounting reports and operation
dossiers of facilities and equipment subject to nuclear control;
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c/
Applying measures to supervise and prevent unauthorized access; performing
independent measuring operations; verifying operating functions and the
inspection of measuring devices; and taking other technical measures when
necessary.
3.
International inspection shall be conducted in the form of case-by-case
inspection, periodical inspection or extraordinary inspection.
a/
Case-by-case inspection shall be conducted for the first time for engineering
dossiers and upon any change in engineering dossiers or when necessary to
verify quantities and composition of exported or imported nuclear materials and
source nuclear materials.
b/
Periodical inspection shall be conducted under plans jointly approved by the
Ministry of Science and Technology and the International Atomic Energy Agency.
c/
Extraordinary inspection shall be conducted at the request of the International
Atomic Energy Agency.
Article 11. International inspectors
1.
International inspectors appointed by the International Atomic Energy Agency to
carry out international inspection activities in Vietnam must be approved by
the Vietnamese State.
2.
In the course of conducting the inspection in Vietnam, international inspectors
shall comply with Vietnamese law and will enjoy privileges and immunities as
provided by Vietnamese law.
Article 12. Responsibilities of the Ministry of Science and Technology
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a/
A list of facilities subject to nuclear control and other places where exist
nuclear materials and source nuclear materials; the process of nuclear
accounting and supervisory measures to be applied at these facilities and
places;
b/
Information on nuclear materials and source nuclear materials subject to
nuclear control;
c/
Data on the export and import of materials and equipment subject to nuclear
control;
d/
Information on the operation of facilities subject to nuclear control;
e/
Inspection and examination conclusions of the Vietnam Agency for Radiation and
Nuclear Safety;
f/
International inspection conclusions;
g/
Periodical reports on national nuclear accounting.
2.
To stipulate and specifically guide the following:
a/
The nuclear accounting process and compilation of reports on nuclear materials
and source nuclear materials;
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c/
Reports of organizations and individuals defined in Articles 8 and 9 of this
Regulation;
d/
A list of materials and equipment subject to nuclear control;
e/
Process and procedures for recognizing organizations and individuals that are
no longer subject to nuclear control.
3.
To inspect and examine the compliance with regulations on nuclear control.
4.
To assume the prime responsibility for, and coordinate with ministries and
sectors in, reaching agreement with the International Atomic Energy Agency on
plans on international inspection in Vietnam and implementing these plans.
5.
To assume the prime responsibility for, and coordinate with the Ministry of
Foreign Affairs in, exchanging and processing information under nuclear control
treaties to which Vietnam is a contracting party.
6.
To assume the prime responsibility for, and coordinate with the Ministry of
Finance in, conducting nuclear control of the export and import of materials
and equipment subject to nuclear control.
7.
To assume the prime responsibility for, and coordinate with the Ministry of
Industry and Trade in, conducting nuclear control of nuclear power plants.
8.
To coordinate with the Ministry of Foreign Affairs in approving inspectors
appointed by the Vietnam Agency for Radiation and Nuclear Safety.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Thien Nhan