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MINISTRY OF SCIENCE AND TECHNOLOGY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 02/2022/TT-BKHCN
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Hanoi, February 25, 2022
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CIRCULAR
PROVIDING GUIDELINES FOR SOME ARTICLES OF THE GOVERNMENT’S
DECREE NO. 142/2020/ND-CP DATED DECEMBER 09, 2020 ON IMPLEMENTATION OF
RADIATION-RELATED ACTIVITIES AND PROVISION OF ATOMIC ENERGY APPLICATION SUPPORT
SERVICES
Pursuant to the
Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 defining the
functions, tasks, powers and organizational structure of the Ministry of
Science and Technology;
Pursuant to the
Government’s Decree No. 142/2020/ND-CP dated December 09, 2020 on
implementation of radiation-related activities and provision of atomic energy
application support services;
At the request of the
Director General of the Vietnam Agency for Radiation and Nuclear Safety, the
Director General of the Vietnam Atomic Energy Agency and the Director General
of the Department of Legal Affairs;
The Minister of
Science and Technology hereby promulgates a Circular providing guidelines for
some Articles of the Government’s Decree No. 142/2020/ND-CP dated December 09,
2020 on implementation of radiation-related activities and provision of atomic
energy application support services.
Article 1. Scope and
regulated entities
1. This Circular provides
guidelines for some Articles of the Government’s Decree No. 142/2020/ND-CP
dated December 09, 2020 on implementation of radiation-related activities and
provision of atomic energy application support services (hereinafter referred
to as “the Decree No. 142/2020/ND-CP”) regarding:
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b) Preparation and
appraisal of applications for issuance of permits, registration certificates,
radiation worker’s certificates or practicing certificates;
c) Amendments and
supplements to permits.
2. This Circular applies
to organizations and individuals involved in implementation of
radiation-related activities and provision of atomic energy application support
services specified in the Decree No. 142/2020/ND-CP.
Article 2. Power to
issue permits, registration certificates, radiation worker’s certificates and
practicing certificates
1. The Ministry of
Science and Technology shall issue a permit for performing the following tasks:
a) Operation of
irradiators for sterilization, mutagenesis and material handling (for
industrial use);
b) Manufacturing and
processing of radioactive materials;
c) Transit of source materials
and nuclear materials;
d) Packaging and
transport of source materials and nuclear materials;
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e) Export of source
materials, nuclear materials and nuclear equipment.
2. The Vietnam Agency for
Radiation and Nuclear Safety shall issue permits, registration certificates,
radiation worker’s certificates and practicing certificates, except for the
cases specified in clauses 1, 3 and 4 of this Article.
3. The Vietnam Atomic Energy
Agency shall issue registration certificates and practicing certificates for
the following services:
a) Technology consulting
in the area of atomic energy, including radiation and nuclear technology
consulting for organizations and individuals conducting activities in the area
of atomic energy;
b) Evaluation of
radiation and nuclear technology; inspection of radiation and nuclear
technology;
c) Professional training
and refresher training for individuals rendering the services specified in
points a and b of this clause.
4. Science and technology
authorities affiliated to People's Committees of provinces and
central-affiliated cities (hereinafter referred to as "provincial People's
Committees") shall issue permits to organizations and individuals using
medical X-ray devices and radiation worker’s certificates to safety personnel
in medical diagnostic X-ray facilities in provinces and central affiliated
cities ("hereinafter referred to as "provinces") as prescribed in
the Circular No. 01/2021/TT-BKHCN dated March 01, 2021 of the Minister of
Science and Technology.
If a medical X-ray device
is installed and used in a province, the science and technology authority
affiliated to the People’s Committee of that province shall issue the permit.
If a mobile X-ray device is used in different provinces, the science and
technology authority affiliated to the People’s Committee of the province where
the organization or individual register their business or operation shall issue
the permit.
5. The authority issuing
permits, registration certificates, radiation worker’s certificates and
practicing certificates have the power to amend, supplement, extend and
re-issue them as prescribed in the Decree No. 142/2020/ND-CP.
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1. Every organization and
individual shall prepare an application for issuance of permit, registration
certificate, radiation worker’s certificate or practicing certificate as
prescribed in the Decree No. 142/2020/ND-CP.
a) For the application in
which digital information and data have been included in the national database,
specialized databases and public service information systems: organizations and
individuals shall provide valid electronic documents, electronic copies from
master registers, certified true electronic copies or browse documents from the
electronic data repository of the organization or individual;
b) If original
copies/authentic copies are required when using online public services: the
organization or individual shall publish documents as prescribed in point a
clause 1 of this Article and send physical original copies/authentic copies by
post to the authority issuing permits, registration certificates, radiation
worker's certificates or practicing certificates;
c) Regarding composition
of an application for issuance of permit for use of medical X-ray device
specified in clause 7 Article 20 of the Decree No. 142/2020/ND-CP, technical
specifications of the medical X-ray device specified in the Form No. 07 in the
Appendix III to the Decree No. 142/2020/ND-CP are required; if the medical
X-ray device does not have a console, it is not required to determine the
technical specifications in section IV of this Form.
If there is no
manufacturer's document about technical specifications, the organization or
individual sending technical specifications of the medical X-ray device is
entitled to adopt one of the following methods:
- Request the
manufacturer to provide the technical specifications;
- Display information
about the device specified in the previously issued permit (if any).
2. The appraisal of an
application for issuance of permit, registration certificate, radiation
worker’s certificate or practicing certificate shall include:
a) Reviewing and
assessing information on the documents in the application in compliance with
regulations of Law on Atomic Energy and Decree No. 142/2020/ND-CP;
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- Verifying the accuracy
of information on the documents in the application;
- Assessing
qualifications of safety personnel and radiation workers; assurance of
radiation safety and radiation source security, radiation incident response and
quality of atomic energy application support services.
Article 4. Amendments
and supplements to permits
1. Amendments to permits
The amendment made to
permits as specified in point e clause 1 Article 31 of the Decree No.
142/2020/ND-CP means the consolidation of multiple effective permits issued by
the same competent authority and having the same validity period specified in
clause 1 Article 37 of the Decree No. 142/2020/ND-CP into a permit.
The authority amending
permits shall assess the assurance of radiation safety and radiation source
security with regard to the radiation source and radiation devices to be
covered by the amended permit.
2. Supplements to permits
a) The organization or
individual shall supplement their permits as prescribed in Article 32 of the
Decree No. 142/2020/ND-CP in case of supplementing radiation sources to radiation
devices.
The authority
supplementing permits shall assess the assurance of radiation safety and
radiation source security with regard to the radiation source and radiation
devices to be covered by the supplemented permits.
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Article 5. Effect
1. This Circular comes
into force from April 15, 2022.
2. The Circular No.
08/2010/TT-BKHCN dated July 22, 2010 and Circular No. 06/2016/TT-BKHCN dated
April 22, 2016 of the Minister of Science and Technology shall cease to have
effect from the effective date of this Circular.
Article 6.
Responsibility for implementation
1. Authorities and
persons having power to issue permits, radiation worker’s certificates,
registration certificates and practicing certificates; organizations and
individuals implementing radiation-related activities and providing atomic
energy application support services and organizations and individuals concerned
are responsible for the implementation of this Circular.
2. Difficulties that
arise during the implementation of this Circular should be promptly reported to
the Ministry of Science and Technology for consideration and amendments./.
PP. THE MINISTER
THE DEPUTY MINISTER
Pham Cong Tac
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