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THE MINISTRY OF SCIENCE AND TECHNOLOGY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 19/2023/TT-BKHCN
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Hanoi, September 20, 2023
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CIRCULAR
PROVIDING GUIDANCE ON SOME ARTICLES OF THE GOVERNMENT’S
DECREE NO. 107/2013/ND-CP DATED SEPTEMBER 20, 2013 ON PENALTIES FOR ADMINISTRATIVE
VIOLATIONS IN THE FIELD OF ATOMIC ENERGY AMENDED BY THE GOVERNMENT’S DECREE NO.
126/2021/ND-CP DATED DECEMBER 30, 2021
Pursuant to the Law on
Atomic Energy dated June 03, 2008;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012; Law dated November
13, 2020 on amendments to some Articles of the Law on Penalties for
Administrative Violations;
Pursuant to the
Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 elaborating
certain Articles and enforcement of the Law on Penalties for Administrative
Violations;
Pursuant to the
Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on penalties
for administrative violations in the field of atomic energy amended by the
Government’s Decree No. 126/2021/ND-CP dated December 30, 2021 on amendments to
certain Articles of Decrees on penalties for administrative violations in the
fields of industrial property; standards, measurement and quality of products
and goods; science and technology activities, technology transfer; atomic
energy;
Pursuant to the
Government’s Decree No. 28/2023/ND-CP dated June 02, 2023 defining the
functions, tasks, powers and organizational structure of the Ministry of
Science and Technology;
At the request of
Director General of Vietnam Agency for Radiation and Nuclear Safety and
Director General of Department of Legislation;
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Chapter I
GENERAL
Article 1. Scope
This Circular provides
guidance on some Articles of the Government’s Decree No. 107/2013/ND-CP dated
September 20, 2013 on penalties for administrative violations in the field of
atomic energy amended by the Government’s Decree No. 126/2021/ND-CP dated
December 30, 2021 on amendments to certain Articles of Decrees on penalties for
administrative violations in the fields of industrial property; standards,
measurement and quality of products and goods; science and technology
activities, technology transfer; atomic energy.
Article 2. Regulated
entities
1. Organizations and
individuals specified in clause 2 Article 4 of the Decree No. 126/2021/ND-CP
committing administrative violations in the field of atomic energy.
2. Persons having the
power to impose penalties for administrative violations in the field of atomic
energy specified in Article 43 of the Decree No. 107/2013/ND-CP amended by
clause 22 Article 4 of the Decree No. 126/2021/ND-CP; Article 44 of the Decree
No. 107/2013/ND-CP amended by clause 23 Article 4 of the Decree No.
126/2021/ND-CP; Article 45 of the Decree No. 107/2013/ND-CP amended by clause
24 Article 4 of the Decree No. 126/2021/ND-CP; clause 25, clause 26 and clause
27 Article 4 of the Decree No. 126/2021/ND-CP.
3. Other agencies,
organizations and individuals related to imposition of administrative
violations specified in this Circular.
Chapter II
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Article 3.
Declaration-related violations
1. The violation specified in point b clause 1 Article 5 of
the Decree No. 107/2013/ND-CP means the violation committed by any organization
or individual that performs radiation-related activities but fails to declare
in writing to a competent authority as one of the following information is
changed:
a) Name or address
written on the license;
b) Person in charge of
safety matters prescribed in clause 2 Article 27 of the Law on Atomic Energy;
c) Status of radiation
equipment when using, storing, repairing or replacing any part which
potentially affects its safety and security features.
2. The violation specified in point b clause 2 Article 5 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any organization or individual during their use of radiation sources and
portable radiation equipment:
a) Failure to make a
written declaration to the Department of Science and Technology of the province
where radiation-related activities are carried out at least 24 hours before
transporting the radiation source or portable radiation equipment to and from
the province;
b) Insufficiently
declaring one of the following information: quantity, code, serial number,
technical specifications (radioactivity or capacity) of the radioactive source
or radiation equipment; time and location of radiation-related activity.
3. The violation specified in point b clause 3 Article 5 of
the Decree No. 107/2013/ND-CP means the violation committed by any organization
or individual that carries out the following activities: production, trial
production, processing, exploration, mining of ores and minerals with secondary
products, by-products or naturally occurring radioactive material waste but
fails to declare such to the Vietnam Agency for Radiation and Nuclear Safety
and the Department of Science and Technology of the province where the
organization or individual performs their radiation-related activities within
07 working days from the date of carrying out the activities specified in
Section 4 of National Technical Regulation QCVN 23:2023/BKHCN on naturally
occurring radioactive material waste promulgated together with the Circular No.
08/2023/TT-BKHCN dated May 25, 2023 of the Minister of Science and Technology.
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1. The violation specified in point b clause 1 Article 8 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any organization or individual during their performance of radiation-related
activities without notifying the result of exposure dose measurement to each
radiation worker within 07 working days from the date of receiving the result
of measurement of personal exposure dose.
2. The violation specified in point a clause 2 Article 8 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any organization or individual during their performance of radiation-related
activities:
a) Using radiation
equipment or radiation source for medical diagnosis and treatment resulting in
a potential dose of the working environment and dose rate in excess of the
limit prescribed in clause 3 Article 10 of the Joint Circular No.
13/2014/TTLT-BKHCN-BYT dated June 09, 2014 of the Minister of Science and
Technology and the Minister of Health providing for assurance of medical
radiation safety amended by clause 7 Article 1 of Circular No. 13/2018/TT-BKHCN
dated September 05, 2018 of the Minister of Science and Technology on
amendments to certain Articles of the Joint Circular No. 13/2014/TTLT
-BKHCN-BYT; point a clause 6 Article 10, point a clause 8 Article 10, clause 3
Article 11 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT; clause 2 Article
13 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT amended by clause 8 Article
1 of the Circular No. 13/2018/TT-BKHCN;
b) Exceeding the exposure
dose limits for radiation workers or public specified in point a clause 2
Article 5 of the Government’s Decree No. 142/2020/ND-CP dated December 09, 2020
on performance of radiation-related activities and provision of atomic energy
application support services.
3. The violation specified in point c clause 2 Article 8 of
the Decree No. 107/2013/ND-CP amended by point a clause 8 Article 4 of the
Decree No. 126/2021/ND-CP means one of the following violations committed by
any organization or individual during their performance of radiation-related
activities:
a) Failure to provide
personal dosimeter to each radiation worker, except for the case in point c
clause 3 of this Article;
b) Failure to provide a
replacement dosimeter to the worker performing radiation-related activities in
case the dosimeter is used for measurement or is lost;
c) Failure to provide 02
dosimeters to each radiation worker who is an equipment operator, doctor,
technician, nurse or orderly when working directly in the room where
interventional and angiographic X-ray equipment is installed.
4. The violation specified in point dd clause 2 Article 8 of
the Decree No. 107/2013/ND-CP means the violation committed by any organization
or individual that performs radiation-related activities without finding the
cause or taking corrective actions within 07 working days from the date of
discovering that the radiation worker receives the result of dose measurement
in excess of the dose limits or the investigation levels for effective dose.
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a) Failure to establish
investigation levels for effective dose to radiation workers every 03 months;
b) Failure to establish
investigation levels for radioactive contamination at radioactively
contaminated sites.
Article 5. Violations
against regulations on inspection and calibration of equipment
1. The violation specified in point a clause 1 Article 12 of
the Decree No. 107/2013/ND-CP; point c clause 1 Article 12 of the Decree No.
126/2021/ND-CP amended by clause 9 Article 4 of the Decree No. 126/2021/ND-CP
means the violation against the regulations set out in clause 1, clause 2 and
clause 4 Article 9 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT committed
by any organization or individual that uses medical diagnostic X-ray equipment
and radiotherapy equipment.
2. The violation specified in point b clause 1 Article 12 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any organization or individual performing aviation-related activities and
required to be equipped with the radiation measuring equipment specified in
point e clause 2 Article 5; point c clause 2 Article 6; point b, point c, point
d clause 2 Article 8; point b clause 2 Article 13 of the Decree No.
142/2020/ND-CP means during their use of such equipment:
a) Failure to calibrate
radiation measuring equipment before being put into service or after being
repaired or failure to carry out calibration on an annual basis;
b) Calibration of
radiation measuring equipment by an organization that fails to possess a
certificate of registration of atomic energy application support services
regarding the calibration of radiation measuring equipment;
c) Having calibrated
radiation measuring equipment which, however, fails to meet quality standards
or specifications according to the national technical regulation or recognized
international standard specified in clause 3 Article 11 of the Circular No.
19/2012/TT -BKHCN dated November 08, 2012 of the Minister of Science and
Technology on control and assurance of radiation safety in occupational
exposure and public exposure.
3. The violation specified in point dd clause 1 Article 12 of
the Decree No. 107/2013/ND-CP means the violation committed by any organization
or individual that uses radiation equipment or operates radiation equipment for
diagnosis and treatment as the calibration result shows that the equipment
fails to meet the requirements.
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1. The violation specified in point a clause 2 Article 13 of
the Decree No. 107/2013/ND-CP means the violation against the regulations
specified in points a and d clause 1 Article 11 of the Circular No.
19/2012/TT-BKHCN; clauses 4 and 5 Article 17 of the Joint Circular No.
13/2014/TTLT-BKHCN-BYT committed by any organization or individual performing
radiation-related activities.
2. The violation specified in point b clause 2 Article 13 of
the Decree No. 107/2013/ND-CP means the violation against the regulations
specified in clauses 1 and 2 Article 17 of the Joint Circular No. 13/2014/TTLT-
BKHCN-BYT; point b clause 1 Article 11 of the Circular No. 19/2012/TT-BKHCN
committed by any organization or individual performing radiation-related
activities.
3. The violation specified in point a clause 4 Article 13 of
the Decree No. 107/2013/ND-CP means the violation against the regulations
specified in clause 3 Article 17 of the Joint Circular No. 13/2014/TTLT-
BKHCN-BYT; point c clause 1 Article 11 of the Circular No. 19/2012/TT-BKHCN
committed by any organization or individual performing radiation-related
activities.
4. The violation specified in point b clause 10 Article 4 of
the Decree No. 126/2021/ND-CP means one of the following violations committed
by any organization or individual performing aviation-related activities and
required to be equipped with the radiation measuring equipment specified in
point e clause 2 Article 5; point c clause 2 Article 6; point b, point c, point
d clause 2 Article 8; point b clause 2 Article 13 of the Decree No.
142/2020/ND-CP means during their use of such equipment:
Article 7. Violations
against regulations on reporting safety during
performance of radiation-related activities
The violation specified
in clause 1 Article 16 of the Decree No. 107/2013/ND-CP means the violation
committed by any organization or individual performing radiation-related
activities that fails to submit a report on safety during performance of
radiation-related activities or submits the report after deadline or in a
sufficient and accurate manner as specified in clause 1 Article 20 of the
Circular No. 19/2012/TT-BKHCN.
Article 8. Violations
against regulations on transport of radioactive materials
1. The violation specified in point d clause 2 Article 17 of
the Decree No. 107/2013/ND-CP means the violation committed by any organization
or individual performing radiation-related activities that uses the means of
transport failing to satisfy the regulations in points d and e clause 2 Article
13 of the Decree No. 142/2020/ND-CP; clause 2 Article 27 of the Circular No.
23/2012/TT-BKHCN on guidelines for safe transport of radioactive materials.
2. The violation specified in point dd clause 2 Article 17 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any organization or individual during their performance of radiation-related
activities:
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b) Failure to assign any
person in charge of incident response who has the radiation worker’s
certificate when transporting the category 1, category 2 and category 3
radiation sources specified in 2.1 of the National technical regulation QCVN
6:2010/BKHCN on radiation protection - Categorization and classification of
radioactive sources promulgated together with the Circular No. 24/2010/TT-BKHCN
dated December 29, 2010 of the Minister of Science and Technology.
3. The violation specified in point h clause 2 Article 17 of
the Decree No. 107/2013/ND-CP means the violation committed by any organization
or individual performing radiation-related activities that fails to implement
all technical measures to ensure safety during transport specified in Article
13 of the Decree No. 142/2020/ND-CP; Article 4, Article 8, Article 9, Article
10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16,
Article 17 and Article 18 of the Circular No. 23/2012/TT-BKHCN.
Article 9. Other
violations against regulations on radiation safety and nuclear safety
The violation specified
in point g clause 2 Article 27 of the Decree No. 107/2013/ND-CP amended by
point a clause 12 Article 4 of the Decree No. 126/2021/ND-CP means one of the
following violations committed by any organization or individual during their
performance of radiation-related activities:
1. Failure to have a
valid letter of appointment of person in charge of safety matters given by the
head of the organization or individual issued with the license to perform
radiation-related activities or having a letter of appointment that does not
clearly define responsibilities and rights of the person in charge of safety
matters.
2. Failure to have any
worker trained in medical physics as specified in point d clause 1 Article 5;
points c and d clause 1 Article 8; clause 4 Article 62 of the Decree No.
142/2020/ND-CP.
Article 10. Violations
against regulations on provision of atomic energy application support services
The violation specified
in clause 1 Article 39 of the Decree No. 107/2013/ND-CP means the violation
committed by any atomic energy application support service provider that has
been issued with the certificate of registration of services but provides
services beyond the scope written on the certificate of registration.
Article 11. Violations
against regulations on practicing certificates for provision of atomic energy
application support services
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1. Employing any person
who fails to have the practicing certificate for provision of atomic energy
application support services or who has the practicing certificate for
provision of atomic energy application support services which does not cover
the services rendered.
2. Failure to employ at
least 02 persons possessing the practicing certificate corresponding to its
type of service when providing atomic energy application support services.
Article 12. Other
violations against regulations on provision of atomic energy application
support services
1. The violation specified in point b clause 2 Article 41 of
the Decree No. 107/2013/ND-CP means the violation committed any provider of
atomic energy application support services regarding the measurement of
personal exposure dose without notifying the Vietnam Agency for Radiation and
Nuclear Safety and the Department of Science and Technology of the province
where the organization or individual performs radiation-related activities
locates their head office in writing within 07 working days from the date of
discovering that the measurement result shows that the exposure dose for
radiation workers exceed the limits prescribed in point a clause 2 Article 5 of
the Decree No. 142/2020/ND-CP.
2. The violation specified in point c clause 2 Article 41 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any atomic energy application support services provider:
a) Failure to archive
records, reports, measurement results, results of data processing, certificate
of outcomes obtained from provision of services and other documents mentioned
in the quality assurance program and service provision procedures specified in
Section 1 Chapter III of the Decree No. 142/2020/ND-CP;
b) Failure to archive
health records and documents on personal exposure dose measurement of workers
providing services specified in point c, point d, point dd, point e, point h,
point i and point k clause 3 Article 1 of the Decree No. 142/2020/ND-CP.
3. The violation specified in point b clause 3 Article 41 of
the Decree No. 107/2013/ND-CP means one of the following violations committed
by any atomic energy application support services provider:
a) Using the measuring
equipment that fails to have the certificate of calibration as prescribed or
having the certificate of calibration which is not appropriate to the type of
radiation to be measured;
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c) Using the measuring
equipment having inappropriate technical specifications (quantity, measuring
range, sensitivity, resolution).
4. The violation specified in point b clause 21 Article 4 of
the Decree No. 126/2021/ND-CP means the violation committed by any atomic
energy application support services provider that fails to satisfy the
requirements for infrastructure to provide the services covered by the
certificate of registration as specified in Section I Chapter 3 of the Decree
No. 142/2020/ND-CP.
Article 13. Acts of
obstructing inspection activities
The violation specified
in point b clause 4 Article 42 of the Decree No. 107/2013/ND-CP means one of
the following violations committed by any organization or individual:
1. Failure to appoint any
person to work with the inspectorate or appointing an unqualified person to do
so.
2. Failure to implement
the decision to impose penalties for violations against inspection regulations
issued by the competent person or implementing it in an insufficient manner or
after deadline.
3. Failure to provide
information or documents at the inspectorate’s request or providing them in an
insufficient manner or after deadline.
4. Failure to assign any
person or provide any related vehicle or equipment or intentionally delaying in
complying with the requests made by the inspectorate when conducting physical
inspection and verification.
Chapter III
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Article 14. Effect
1. This Circular comes
into force from November 05, 2023.
2. The Circular No.
27/2014/TT-BKHCN dated October 10, 2014 of the Minister of Science and
Technology elaborating certain Articles of the Government’s Decree No.
107/2013/ND-CP dated September 20, 2013 on penalties for administrative
violations in the field of atomic energy shall cease to have effect from the
effective date of this Circular.
3. In the cases where any
of the legislative documents referred to in this Circular is amended or
replaced, the newest one shall apply.
Article 15.
Responsibility for implementation
1. Persons having the
power to impose penalties for administrative violations in the field of atomic
energy, heads of agencies, organizations and individuals concerned are
responsible for the implementation of this Circular.
2. Any difficulties that
arise during the implementation of this Circular should be promptly reported in
writing to the Ministry of Science and Technology (via the Vietnam Agency for
Radiation and Nuclear Safety) for instructions or appropriate revisions./.
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