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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 316/2025/ND-CP
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Hanoi, December 10, 2025
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DECREE
ELABORATING CERTAIN ARTICLES AND
IMPLEMENTATION MEASURES OF LAW ON ATOMIC ENERGY REGARDING NUCLEAR POWER PLANTS
AND RESEARCH REACTORS
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 Construction No. 50/2014/QH13, amended by Law No.
62/2024/QH15;
Pursuant to the Law on Investment No. 61/2020/QH14, amended by Law No.
72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15,
Law No. 09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No.
27/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 33/2024/QH15,
Law No. 43/2024/QH15, Law No. 57/2024/QH15, and Law No. 90/2025/QH15;
Pursuant to the Law on Public Investment No. 58/2024/QH15, amended by
Law No. 90/2025/QH15;
Pursuant to the Law on Bidding No. 22/2023/QH15, amended by Law No.
57/2024/QH15 and Law No. 90/2025/QH15;
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Pursuant to the Law on Environmental Protection No. 72/2020/QH14,
amended by Law No. 11/2022/QH15, Law No. 16/2023/QH15, Law No. 18/2023/QH15,
Law No. 47/2024/QH15, and Law No. 54/2024/QH15;
Pursuant to the Law on Fire and Rescue No. 55/2024/QH15;
Pursuant to the Law on Technical Regulations and Standards No.
68/2006/QH11, amended by Law No. 35/2018/QH14 and Law No. 70/2025/QH15;
At the request of the Minister of Science and Technology of Vietnam;
The Government of Vietnam hereby promulgates the Decree elaborating
certain articles and implementation measures of the Law on Atomic Energy
regarding nuclear power plants and research reactors.
Chapter I
GENERAL
PROVISIONS
Article 1. Scope
1.
This Decree elaborates on certain articles and implementation measures of the
Law on Atomic Energy No. 94/2025/QH15 dated June 27, 2025 (hereinafter referred
to as “Law on Atomic Energy 2025”), including:
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b)
Article 42 of the Law on Atomic Energy 2025 concerning investment guidelines
for nuclear power plant construction projects;
c)
Article 43 of the Law on Atomic Energy 2025 concerning sites for nuclear power
plant construction;
d)
Article 44 of the Law on Atomic Energy 2025 concerning nuclear power plant
construction design;
dd)
Article 45 of the Law on Atomic Energy 2025 concerning decisions on investment
in nuclear power plant construction projects;
e)
Article 46 of the Law on Atomic Energy 2025 concerning nuclear power plant
construction;
g)
Article 47 of the Law on Atomic Energy 2025 concerning trial operation of
nuclear power units;
h)
Article 48 of the Law on Atomic Energy 2025 concerning operation of nuclear
power plants;
h)
Article 49 of the Law on Atomic Energy 2025 concerning operational termination
of nuclear power plants;
k)
Clause 3 Article 50 of the Law on Atomic Energy 2025 concerning agencies in
charge of the appraisal of contents concerning nuclear power plants, and
contents, responsibilities, and methods of cooperation in appraisal of
ministries, ministerial agencies, and relevant agencies.
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m)
Articles 52, 53, and 54 of the Law on Atomic Energy 2025 concerning general
requirements; investment guidelines, sites, designs, decisions on investment
projects, and construction of research reactors; and trial operation,
operation, and operational termination of research reactors.
2.
This Decree provides guidelines on measures to implement the Law on Atomic
Energy 2025 to ensure radiation safety, nuclear safety, and nuclear security
throughout the lifecycle of nuclear power plants and research reactors.
Article 2. Regulated entities
This
Decree applies to domestic organizations and individuals, overseas Vietnamese,
foreign organizations and individuals, and international organizations
conducting activities related to nuclear power plants and research reactors
within Vietnam's territory.
Article 3. Interpretation of terms
For
the purpose of this Decree, the following terms shall be construed as follows:
1.
Operating organization refers to a juridical person that directly manages,
operates, and ensures the safety of nuclear power plants and research reactors,
and bears primary responsibility for the safety of nuclear power plants and
research reactors.
2.
Operating limits and conditions refer to a set of rules that define parameter
limits, functional capacity, and performance levels of devices and personnel,
approved by the competent management authority, to ensure that the licensed
establishment operates safely.
3.
Deterministic safety analysis refers to a method of analyzing postulated
initiating events, simulating their progression using a conservative approach
or best-estimate approach, without considering the probability of occurrence of
event sequences, to demonstrate that safety limits are complied with and that
safety systems are capable of protecting the reactor.
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5.
The lifecycle of nuclear power plants and research reactors comprises the
following stages: site survey, site assessment, design, construction, trial
operation, operation, and operational termination.
6.
Information system refers to a set of hardware, software, and databases
established for the purposes of creating, providing, transmitting, collecting,
processing, storing, and exchanging information related to the operation of
nuclear power plants and research reactors.
7.
Quality management system refers to a set of organizational structures,
responsibilities, policies, processes, resources, and related activities that
are established and implemented uniformly to ensure quality at each stage of
the lifecycle of nuclear power plants and research reactors.
8.
Foreign technical regulations refer to documents that prescribe
characteristics, or related processes and methods of production of foreign
countries, proposed for application to projects within Vietnam’s territory.
9.
Nuclear power plant using small modular reactor technology refers to a nuclear
power plant designed with a modular structure, in which major systems and
components are fabricated in advance at production facilities and then
transported to the construction site for installation and operation.
10.
Physical protection refers to technical and administrative measures applied to
prevent, detect, delay, and respond to acts of appropriating (illegally),
accessing (unauthorized), or sabotaging nuclear establishments, nuclear
materials, nuclear devices, and other protected entities, to ensure nuclear
security.
11.
Graded approach refers to an approach in which the stringency of control
measures and the applicable conditions are determined in proportion to the
level of risk.
Article 4. Defense in depth
1.
Defense in depth refers to the application of multiple independent levels of
protection to prevent and control accidents in the event of their occurrence,
and mitigate consequences under all potential situations at nuclear power
plants and research reactors.
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a)
Defense in depth shall be established and maintained at multiple independent
levels, ensuring that when one level does not operate as intended, the
subsequent level is capable of controlling risks;
b)
One level shall not be used to justify the relaxation of safety requirements
applicable to another level;
c)
The design, construction, and operation of nuclear power plants and research
reactors shall ensure the capacity to prevent, control, and promptly respond to
accidents, including in cases involving human error or external impacts.
3.
Implementation responsibilities:
a)
Project owners and operating organizations shall develop, implement,
effectively maintain, and improve defense in depth in accordance with each
stage of the project;
b)
Operating organizations shall conduct periodic assessment, inspection, and
testing, and update upon changes in technical conditions, technology, or the
availability of new information throughout the operation and operational
termination, as well as adopt timely replacement and remedial measures to
maintain the overall level of safety when any level of protection no longer
meets requirements.
4.
The Ministry of Science and Technology of Vietnam shall elaborate on this
Article.
Article 5. Information, dissemination, and community monitoring
regarding nuclear power plants and research reactors
1.
Information and dissemination activities regarding nuclear power plants and
research reactors aim to raise public awareness, enhance understanding of
nuclear safety, radiation safety, and nuclear security, and build social
consensus on the investment guidelines for the construction and operation of
nuclear power plants and research reactors, while promoting a safety culture
and a security culture.
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a)
Ensuring openness, transparency, accuracy, timeliness, and objectivity in the
provision of information, and in the receipt and response to public opinions;
b)
Ensuring that the implementation is carried out through a two-way mechanism,
incorporating feedback from the community to adjust policies and plans as
appropriate;
c)
Ensuring that citizens have access to information on nuclear power plants and
research reactors, while complying with the law on protection of state secrets;
d)
Ensuring close cooperation among state management agencies, project owners,
operating organizations, and other relevant organizations in providing official
information;
dd)
Ensuring the consistent and accurate provision of information in emergencies,
including guidance on actions to protect citizen safety.
3.
Contents of information and dissemination:
a)
Introduction to technologies and measures to ensure radiation safety, nuclear
safety, nuclear security, and environmental protection;
b)
Provision of information on the impacts of nuclear power plants and research
reactors on socio-economic development, the environment, and human health;
c)
Dissemination of the law on atomic energy and the responsibilities of
organizations and individuals in ensuring the safety and security of nuclear
power plants and research reactors;
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dd)
Periodic notification of safety status and results of environmental radiation
monitoring in areas surrounding nuclear power plants and research reactors;
e)
Enhancement of understanding of the benefits of nuclear power plants and
research reactors.
4.
Forms of information and dissemination:
a)
Announcement of official information through mass media and on digital
platforms of state management agencies and operating organizations;
b)
Organization of conferences, seminars, forums, and thematic displays and
exhibitions; compilation and distribution of documents, publications, and short
films; implementation of information and dissemination activities through a
balanced combination of traditional and modern methods; and implementation of
community consultation regarding nuclear power plants and research reactors;
c)
Development of educational programs and universalization of knowledge on atomic
energy.
5.
Mechanisms for receiving and handling feedback and supervision opinions from
citizens and residential communities regarding radiation safety, nuclear
safety, and nuclear security shall be implemented in accordance with the
following contents:
a)
The Ministry of Science and Technology of Vietnam shall take charge and
cooperate with the provincial People’s Committees where nuclear power plants and
research reactors are located, in establishing systems for receiving feedback
and petitions from citizens and residential communities;
b)
Within 10 working days from the date of receipt of opinions, the agency
receiving the information shall provide a preliminary response for the
organizations or individuals submitting such opinions; within 30 working days,
it shall issue a written response or publicly announce the handling results; in
particularly complex cases, the processing time limit shall not exceed 45
working days, and the reasons for the extension shall be notified;
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d)
Project owners, operating organizations, and state management agencies shall
have the responsibility to disclose, through mass media and web portals,
information related to nuclear safety, incidents (if any), and the results of the
handling of citizens’ opinions;
dd)
The Ministry of Science and Technology of Vietnam shall take charge of the
overall supervision; provincial People’s Committees and provincial Vietnamese
Fatherland Front Committees shall directly cooperate with residential
communities; operating organizations shall regularly conduct dialogues with
local citizens at least twice per year and organize ad hoc dialogues in the
event of incidents or at the request of state management agencies.
6.
Implementation responsibilities:
a)
The Ministry of Science and Technology of Vietnam shall develop and implement
plans for information and dissemination regarding nuclear power plants and
research reactors; announce information on the supervision of radiation safety,
nuclear safety, and nuclear security, as well as the results of environmental
radiation monitoring; and provide guidelines on responses to radiation
incidents and nuclear incidents;
b)
The Ministry of Industry and Trade of Vietnam shall provide information on
development planning, investment guidelines, and policies supporting the
development of nuclear power;
c)
The Ministry of Culture, Sports and Tourism of Vietnam shall orient mass media
content regarding nuclear power plants, and prevent misleading information,
incitement, or information causing public anxiety;
d)
Project owners and operating organizations shall provide full, accurate,
public, and timely information on operational status, maintenance and upgrade
plans, operational safety results, and cooperate in the processing of
misleading information (if any);
dd)
Provincial People’s Committees where nuclear power plants are located shall
conduct dissemination at the local level, engage in dialogue with citizens,
receive feedback, and process information within their area.
e)
Relevant organizations and individuals shall cooperate in the provision of
information in accordance with regulations and support information and
dissemination activities upon request.
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Article 6. Appraisal of radiation safety, nuclear safety, and nuclear
security
1.
The appraisal of radiation safety, nuclear safety, and nuclear security for the
stages of site approval, construction licensing, trial operation, operation,
and operational termination of nuclear power plants and research reactors shall
comprise document-based appraisal and on-site appraisal.
2.
Document-based appraisal:
a)
Appraisal of the completeness, level of detail, and accuracy of information,
data, and justifications in the dossiers; assessment of compliance with
requirements and acceptance criteria set out in legislative documents,
technical regulations, national standards, and applicable foreign technical
regulations/standards and international standards; and requests for
organizations or individuals applying for approval or licensing to supplement,
clarify, or update necessary information (if any);
b)
Assessment of consistency among contents and information in the dossiers and
information already announced or results of on-site appraisal (if any);
c)
Appraisal of conformity with licenses, acceptances, and approvals granted at
preceding stages, serving as bases for consideration of licensing, acceptance,
or approval at subsequent stages (if any);
d)
Issuance of written conclusions on the level of compliance with requirements,
specifying non-compliant contents and recommending handling measures.
3.
On-site appraisal:
a)
Assessment and verification of the actual status at the stages of site survey,
site assessment, design, fabrication, construction, trial operation, operation,
and operational termination of nuclear power plants and research reactors, in
comparison with the information provided in the dossiers;
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c)
Implementation of the contents specified in Points a and b of this Clause in
the presence of representatives of the organizations applying for site
approval, construction licensing, trial operation, operation, and operational
termination.
4.
Organization of appraisal:
a)
The Ministry of Science and Technology of Vietnam shall organize appraisals at
specific stages throughout the lifecycle of nuclear power plants and research
reactors;
b)
Where necessary, an inter-sectoral appraisal council shall be established, with
the Minister of Science and Technology of Vietnam as the President;
c)
The President of the inter-sectoral appraisal council shall issue the operating
regulations of the council, which shall specifically stipulate working
principles, meeting regulations, appraisal procedures, methods of cooperation
among members and assisting agencies; and the use of consulting organizations
for technical support, ensuring independence, objectivity, and transparency in
the appraisal process;
d)
Relevant ministries and central authorities shall appraise contents within the
scope of their assigned state management functions.
Article 7. Appraisal of radiation safety, nuclear safety, and nuclear
security
1.
Principles of supervision:
a)
Ensuring compliance with the law;
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c)
Ensuring prevention, early detection, and timely handling of safety risks;
d)
Ensuring retention of supervision results;
dd)
Ensuring that there is no interference with the normal operation of nuclear
power plants and research reactors;
e)
Ensuring that the supervision applies the graded approach to determine
appropriate levels, frequency, scope, and methods of cooperation for
supervision of each item, system, and activity, in proportion to the level of
risk related to radiation safety, nuclear safety, and nuclear security.
2.
Forms and organization of supervision:
a)
Forms of supervision shall include: direct on-site supervision; inspection of
dossiers and documents; and online supervision;
b)
The national authority for radiation and nuclear safety shall establish
supervision offices during the stages of construction, trial operation,
operation, and operational termination, and develop detailed supervision
programs.
3.
Entitlements of the national authority for radiation and nuclear safety:
a)
To access working areas, devices, dossiers, and documents related to the
assurance of radiation safety, nuclear safety, and nuclear security;
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c)
To suspend or cease operations upon detection of serious violations of
radiation safety, nuclear safety, and nuclear security;
d)
To request expert assessment, invite experts, and recommend handling measures
within its jurisdiction.
4.
Responsibilities of project owners and operating organizations:
a)
To develop, operate, and maintain online supervision systems at nuclear power
plants, ensuring full, accurate, and continuous transmission of operational
data and data on radiation safety, nuclear safety, and nuclear security to the
national authority for radiation and nuclear safety for remote supervision,
analysis, and early warning;
b)
To promptly provide complete and accurate information and documents; to take
legal liability for the accuracy and truthfulness of the information and
documents provided; and to facilitate on-site access by the national authority
for radiation and nuclear safety as required;
c)
To implement remedial requirements and recommendations issued by the national
authority for radiation and nuclear safety.
5.
Responsibilities of supervision offices:
a)
To conduct direct and regular supervision;
b)
To submit periodic reports and reports upon request to the national authority
for radiation and nuclear safety on the safety and security status of nuclear
power plants;
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d)
To cooperate and participate in inspection, examination, and nuclear inspection
missions.
6.
Reporting and disclosure of information:
a)
The national authority for radiation and nuclear safety shall prepare quarterly
supervision reports and ad hoc reports in the event of incidents, and submit
them to the Ministry of Science and Technology of Vietnam;
b)
Supervision information not classified as state secrets shall be disclosed.
7.
The state budget shall cover the costs for supervision activities.
8.
The Ministry of Science and Technology of Vietnam shall elaborate on
supervision activities for nuclear power plants and research reactors.
Chapter II
SAFETY AND
SECURITY OF NUCLEAR POWER PLANTS AND RESEARCH REACTORS
Article 8. Design of nuclear power plants and research reactors
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a)
Ensuring the performance of fundamental safety functions, including control of
the nuclear chain reaction; removal of heat from the reactor core and from
spent nuclear fuel storage units; and prevention of radiation release;
b)
Applying a systematic approach to identify safety-significant items and
inherent safety characteristics that perform or affect fundamental safety
functions for all states of nuclear power plants and research reactors;
c)
Ensuring the capacity to perform fundamental safety functions with high
reliability, and ensuring stable operation throughout the design service life;
d)
For nuclear power plants, ensuring that the design shall be based on the
results of deterministic safety analysis and probabilistic safety analysis to
prevent accidents and mitigate consequences if they occur;
dd)
For research reactors, ensuring that the design shall be based on the results
of deterministic safety analysis and probabilistic safety analysis (if
applicable) according to the graded approach method;
e)
Ensuring control of radiation releases to the environment, and radioactive
waste generated directly from the operation of nuclear power plants and
research reactors does not exceed prescribed limits;
g)
Taking into account experience gained from the design, construction, and
operation of other nuclear power plants and research reactors, as well as
results of relevant research programs;
h)
Taking into account the capacity for operational termination, including
decommissioning plans, radioactive waste management, and environmental
restoration; and minimizing the volume of radioactive waste generated from
decommissioning activities;
i)
Facilitating nuclear inspection activities.
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a)
Applying the principle of defense in depth in accordance with Article 4 of this
Decree;
b)
Combining passive and active safety features;
c)
Applying independence, redundancy, diversity, inherent safety, capacity for
recovery after incidents, and limitation of common-cause failures;
d)
Ensuring convenience for calibration, testing, maintenance, repair,
replacement, inspection, monitoring of functional performance, and maintenance
of the integrity of safety-significant items;
dd)
Taking into account potential internal and external hazards to nuclear power
plants and research reactors, including hazards directly or indirectly caused
by human actions.
3.
Design principles for nuclear security:
a)
The design of physical protection systems shall take into account measures for
access control, detection, delay, and timely response to acts of intrusion,
sabotage, and theft of nuclear materials, ensuring application of the principle
of defense in depth;
b)
The design of physical protection systems shall take into account measures to
protect information systems, control systems, and digital devices against cyber
threats and unauthorized access;
c)
The design of physical protection systems shall be based on threat assessment,
while applying the graded approach and risk assessment;
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4.
The sequence for preparing, appraising, and approving nuclear power plant
construction design shall be carried out in accordance with the law on
construction applicable to projects of national importance.
5.
The Minister of Science and Technology of Vietnam shall elaborate on safety
requirements for the design of nuclear power plants and research reactors, as
well as requirements for physical protection systems.
Article 9. Safety analysis and safety analysis report
1.
Safety analysis shall be conducted to assess the level of safety for all states
and operating modes of nuclear power plants and research reactors.
2.
Safety analysis shall cover events arising from internal hazards, external
hazards, and processes that may cause damage to containment barriers of
radioactive substances or increase the risk of radiation leaks into the
environment.
3.
The selection of initiating events and subsequent developments shall be based
on a systematic and logical approach. Adequate justification shall be provided
for the identification of all accident scenarios.
4.
The safety analysis report shall include the results of safety analyses and
other information necessary to assess and demonstrate that nuclear power plants
and research reactors meet radiation safety and nuclear safety requirements.
The safety analysis report shall serve as the basis for appraisal,
approval, licensing, or regulatory decisions for each stage of nuclear power
plants and research reactors, and support supervision, inspection, and examination
activities.
5.
The structure and content of the safety analysis report must ensure consistency
and continuity across all stages, including site approval, construction
licensing, trial operation, and operational phases. The level of detail of the
safety analysis report shall be appropriate to the level of information
available at each stage.
6.
The safety analysis report shall be periodically reviewed and updated every 10
years, or whenever modifications are made that affect the safety of nuclear power
plants or research reactors.
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Article 10. Quality management system
1.
Project owners and operating organizations shall be responsible for
establishing, applying, maintaining, and continuously improving quality
management systems to enhance the effectiveness of radiation safety, nuclear
safety, and nuclear security assurance. The safety policy shall be documented
in writing, reflect the organization’s commitment to safety as the highest
priority, be widely disseminated to employees and relevant parties, and be
periodically reviewed and updated to ensure validity, effectiveness, and
alignment with practical conditions.
2.
The quality management system shall meet the following requirements:
a)
Defining the roles, responsibilities, and entitlements of project owners,
operating organizations, contractors, and related parties in quality assurance;
b)
Ensuring adequate control of documents and dossiers, and meeting requirements
for integrity, traceability, retention, and information confidentiality.
3.
The quality management system shall have a level of detail appropriate to each
stage and include the following related contents:
a)
Responsibilities of the head and the leadership board;
b)
Objectives, strategies, plans, and targets;
c)
Interaction with relevant parties;
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dd)
Application of the graded approach;
e)
Documentation of management systems;
g)
Provision of resources and personnel management;
h)
Management of processes, activities, and changes;
i)
Management of contractors and supply chains;
k)
Promotion and maintenance of a safety culture;
l)
Measurement, periodic assessment, and improvement of management systems;
m)
Internal control, independent external assessment, and management of
non-conformities.
4.
The Minister of Science and Technology of Vietnam shall elaborate on the
quality management system applicable to site survey and assessment, design,
construction, trial operation, operation, and operational termination of
nuclear power plants and research reactors.
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1.
The assurance of security shall apply the defense-in-depth approach as
prescribed in Article 4 of this Decree.
2.
Projects owners and operating organizations shall:
a)
Develop, maintain, implement, and organize drills for security incident
response for security assurance, in accordance with Point l Clause 3 of this
Article;
b)
Organize strict protection and tight control over access to nuclear power
plants and research reactors.
3.
The security assurance plan shall be developed based on security threat
assessments and shall include the following contents:
a)
Description of general information on the establishment location, surrounding
environment, types and layout of nuclear materials, radioactive sources,
radioactive waste, structures, systems and components important to safety,
layouts of physical protection areas, patrol routes, and alarm stations;
b)
Organizational structure and the roles, authority, and responsibilities of
individuals and units involved in security assurance;
c)
Description of security threats and identification of risks of unauthorized
intrusion, sabotage, and terrorist attacks;
d)
Classification of security areas according to importance and levels of access
control;
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e)
The physical protection system, including fences, electronic surveillance
systems, access control, dedicated guard forces; technical measures such as
physical barriers, intrusion detection and assessment devices, lighting
systems, central alarm stations, and independently operating backup stations;
g)
Cybersecurity and computer security measures, including: classification of
information systems by importance, access control, and network segmentation and
isolation; identification and protection of important information systems that
may affect nuclear safety and nuclear security; real-time supervision and
detection of cyber incidents; timely response to cyberattacks; periodic
cybersecurity training of personnel, prevention of human-factor-based
cyberattacks and insider threats; security inspection of software and hardware
in the supply chain; prevention of risks from compromised devices and software;
integration of cybersecurity into the physical protection system to respond to
combined attacks; periodic assessment, intrusion testing, and improvement of
cybersecurity measures;
h)
Cooperation procedures with police authorities, military forces, and emergency
response forces in the event of security incidents; support agreements,
communication arrangements, and joint drills with external forces;
i)
Systems for supervision, early warning, and handling of nuclear security
threats; internal and external communication systems with backup measures to
ensure continuous information flow under all circumstances;
k)
Procedures for control and protection of nuclear materials, nuclear fuel, and
radioactive waste against theft and illegal transfer;
l)
Plans for security incident response drills and periodic security assurance
training for employees and security forces;
m)
Maintenance, servicing, and periodic inspection plans for the physical
protection system; programs for assessing and improving the effectiveness of
security assurance;
n)
Regulations on dossiers, reports, and storage of documents on security
assurance.
4.
Ministers and Directors of ministerial agencies shall be responsible for
preparing dossiers and proposing the inclusion of nuclear power plants and
research reactors under their management in the list of works important to
national security, in accordance with the law on protection of works important
to national security.
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6.
The Minister of Science and Technology of Vietnam shall take charge and
cooperate with the Minister of Public Security of Vietnam and the Minister of
National Defense of Vietnam in elaborating on requirements for nuclear security
assurance and security assurance plans for nuclear power plants and research
reactors.
7.
The Ministry of Science and Technology of Vietnam shall take charge and
cooperate with the Ministry of Public Security of Vietnam, the Ministry of
National Defense of Vietnam, and relevant agencies in organizing security
threat assessments for nuclear power plants and research reactors.
8.
The Ministry of Public Security of Vietnam shall:
a)
Provide guidelines to project owners and operating organizations on the
implementation of the law on protection of works important to national security
and anti-terrorism;
b)
Cooperate with the Ministry of Science and Technology of Vietnam in appraising
security assurance plans for nuclear power plants and research reactors.
9.
The Ministry of National Defense of Vietnam shall:
a)
Take charge of response when national defense emergencies occur in areas where
nuclear power plants are located;
b)
Cooperate with the Ministry of Science and Technology of Vietnam in appraising
security assurance plans for nuclear power plants and research reactors.
10.
The provincial People’s Committees where nuclear power plants or research
reactors are located shall:
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b)
Organize information provision, dissemination, universalization of laws,
inspection, and handling of violations related to the security protection of
nuclear power plants and research reactors.
Chapter III
NUCLEAR POWER
PLANT CONSTRUCTION PROJECTS
Section 1. DECISION ON AND APPROVAL OF INVESTMENT GUIDELINES FOR NUCLEAR
POWER PLANT CONSTRUCTION PROJECTS
Article 12. Investment guidelines for nuclear power plant construction
projects
1.
Project owners shall be responsible for preparing dossiers requesting a
decision on investment guidelines for nuclear power plant construction projects
in accordance with the law on public investment, the law on atomic energy, the
law on technology transfer, and other relevant laws; and for preparing dossiers
requesting approval of investment guidelines for nuclear power plant
construction projects in accordance with the law on investment, the law on
atomic energy, the law on technology transfer, and other relevant laws.
2.
The procedures for appraisal and decision on investment guidelines for nuclear
power plant construction projects shall comply with the law on public
investment, the law on atomic energy, and other relevant laws; the procedures
for appraisal and approval of investment guidelines for nuclear power plant
construction projects shall comply with the law on investment, the law on
atomic energy, the law on technology transfer, and other relevant laws.
Article 13. Preparation of pre-feasibility study reports for
construction investment
Depending
on the source of investment capital, the pre-feasibility study report for
construction investment shall be prepared in accordance with the law on
construction, the law on investment, and the law on public investment, and
shall additionally include the following contents:
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2.
Expected construction site; preliminary assessment of site conformity,
including: faults, earthquakes, volcanoes; geotechnical conditions and
foundations; extreme meteorological conditions; flooding; impacts on the
nuclear power plant caused by human activities; radiation impacts on the
residential communities; cooling water sources and power supply for plant
operation.
3.
Preliminary assessment of radiation impacts, identification of types of
radioactive waste generated, forecast of release levels under operating
conditions and in the event of accidents based on project scale, technology,
and site; identification of environmentally sensitive factors within the
radiation impact area; and development of environmental impact mitigation
measures.
4.
Preliminary analysis and selection of technology and technical parameters;
issues related to radiation safety, nuclear safety, and nuclear security;
response to radiation incidents and nuclear incidents; management of
radioactive waste and spent nuclear fuel; fire and explosion prevention;
security and national defense.
5.
Preliminary design, including explanatory documents and drawings of the
construction location, general layout, items important to safety, and
technological lines, including: determination of design input parameters for
earthquake-related design in design bases, maximum flood levels, and extreme
meteorological values; proposal of a preliminary configuration of the nuclear
power plant suitable for the site for the reactor building, turbine building,
and spent nuclear fuel pools; exclusion areas, restricted areas, and the
emergency planning zone.
6.
Plans for assuring resources for radiation safety and nuclear safety.
7.
Recommendations (if any) for consideration in deciding the investment
guidelines for the nuclear power plant.
Section 2. NUCLEAR POWER PLANT CONSTRUCTION SITE
Article 14. General requirements for nuclear power plant construction
sites
1.
General requirements:
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b)
The site survey and assessment process shall be documented and stored for
submission to competent state management authorities when requesting approval
of the nuclear power plant site;
c)
Monitoring of site-related factors and characteristics relevant to the
assurance of safety of the nuclear power plant, human beings, and the
environment shall be carried out throughout the lifecycle of the nuclear power
plant, including monitoring of population growth and distribution;
d)
Safety assessment for all natural hazards and human-induced hazards that may
externally affect the safety of the nuclear power plant, as well as site characteristics,
shall be conducted periodically once every ten years throughout the operating
period of the plant;
dd)
In addition to periodic safety assessments as prescribed in Point d of this
Clause, assessments shall also be conducted in the following cases: emergence
of new or revised requirements related to nuclear safety or security; plant
design no longer meets resistance requirements against external hazards;
availability of new information, experience, or lessons learned regarding
external hazards affecting nuclear power plant safety; changes in hazard levels
over time;
e)
In cases where installed capacity is increased compared to the capacity already
approved or licensed, a re-survey and re-assessment of the nuclear power plant
construction site shall be conducted.
2.
The Minister of Science and Technology of Vietnam shall elaborate on nuclear
safety requirements for surveys and assessments of nuclear power plant
construction sites.
Article 15. Safety supervision in site survey and site assessment activities
for nuclear power plant construction
1.
Project owners shall:
a)
Prepare and submit to the national authority for radiation and nuclear safety,
at least 10 working days before commencing site survey and site assessment
activities, 1 dossier, including: documents describing the quality management
system related to site survey and site assessment activities; a list of
applicable legislative documents, technical regulations, national standards,
international standards, and foreign technical standards and regulations
applied to site survey and site assessment activities. For international
standards and foreign technical standards and regulations, the original
documents must have a Vietnamese translation and an English translation
attached (in cases where foreign standards and technical regulations are not
published in English) for the applied portions;
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c)
Provide information and documents fully to supervision and examination
missions, and ensure the accuracy and truthfulness of the information and
documents provided;
d)
Strictly, fully, and promptly implement all requirements, recommendations, and
decisions of the national authority for radiation and nuclear safety during
inspection and supervision processes;
dd)
Supervise contractors and assume responsibility for the quality of work
performed by main contractors in accordance with the signed contracts;
e)
Implement other requirements as prescribed by law.
2.
The national authority for radiation and nuclear safety shall:
a)
Supervise site survey and site assessment activities from the plan preparation
stage, through implementation, until completion, including inspection of the
quality management system and the site survey and site assessment plan of the
project owner;
b)
Require the project owner to suspend all site survey and site assessment
activities if risks causing loss of safety or security are detected. In cases
where violations are detected, handle or recommend competent authorities to
handle them in accordance with the law;
c)
Report to the Ministry of Science and Technology of Vietnam on the results of
inspection and supervision, and recommend handling measures where necessary.
Article 16. Overview reports on selection of nuclear power plant sites
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a)
Survey of faults, seismic manifestations, and volcanic phenomena that may
affect nuclear power plant safety, including: survey of geological and tectonic
conditions of the area; collection and compilation of seismic data;
determination of seismic hazards based on assessment of regional seismic and
tectonic conditions; determination of ground motion hazards caused by
earthquakes based on regional tectonic characteristics and site-specific data;
b)
Survey of geotechnical and foundation characteristics, and development of
geotechnical cross-sections of the site to determine the potential for
landslides, rockfalls, erosion of riverbanks, coastlines, and slopes at and
near the expected site; potential for uplift, subsidence, collapse, or
sinkholes at the expected site based on geological maps and existing documents,
with attention to karst formations and tunnels, shafts, and boreholes;
potential for soil liquefaction based on typical ground motion parameters and
values; physical and mechanical properties of soil and foreign objects therein;
stability of soil under static and dynamic loads; dynamics and physicochemical
properties of groundwater;
c)
Survey and forecasting of meteorological and hydrological phenomena, including
the impacts of natural disasters on the site; survey and forecasting of
meteorological and hydrological phenomena that may cause specific dispersion or
accumulation of radiation, posing potential harmful impacts exceeding
permissible limits to humans and the environment at the site and in the nuclear
power plant construction area;
d)
Comprehensive survey of causes of flooding, including flooding due to dike or
dam failure, rainfall, storms, tsunamis, earthquakes, or other geological
phenomena;
dd)
Assessment of impacts on the nuclear power plant caused by human activities,
including collection and survey of information on hazardous materials, fire,
explosion, corrosion, and toxic substances stored, transported, and used;
military exercises; fuel pipelines; survey of warehouses, ports, mining and
mineral storage sites that may temporarily block water flow causing flooding or
ground subsidence; survey of airport locations, aircraft types, flight
corridors, and flight frequency; survey of land, river, and maritime
transportation routes, including vehicle types, frequency, transport
characteristics, ports, terminals, stations; with attention to high-traffic
routes and intersections;
e)
Assessment of radiation impacts on residential communities, including
population distribution and density, and forecasts of population changes in the
area; assessment of dispersion and transport of radioactive materials in air
and water based on meteorological parameters such as wind direction and speed,
atmospheric turbulence, humidity, rainfall, solar radiation, hydrological
parameters such as river, stream, surface water, and groundwater
characteristics, together with topographical features such as mountains and
valleys and the influence of large construction works; determination of
background radiation levels and radiation doses to local residential
communities; assessment of radiation risk to the public as a basis for plans
for responses to radiation incidents and nuclear incidents, taking into account
land-use planning, water sources, and food supplies in the local area;
consideration of conditions for developing transportation systems serving
evacuation plans, the capacity to supply food and essential goods, and living
infrastructure for evacuated populations; identification of conditions and
sites for establishing emergency response centers outside the nuclear power
plant; assessment of site conformity in relation to the socio-economic
development potential of the area, such as trade, industry, and tourism, and
the risk of increased hazards caused by the nuclear power plant to the area and
by regional activities to the plant;
g)
Assessment of cooling water sources and power supply for nuclear power plant
operation;
h)
Assessment of the capacity to connect to the power grid to evacuate generated
capacity during operation;
i)
Assessment of works, pipelines, and technical infrastructure within and near
the nuclear power plant site regarding their potential misuse for unauthorized
access or sabotage, and implementation of appropriate protection measures in
the design and operation of the physical protection system;
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l)
Assessment and determination of the space required for constructing security
fences and installing physical protection system devices;
m)
Assessment of site characteristics and topography affecting the assurance of
nuclear security, including: the need to apply access control measures;
external visibility; concealed access routes; difficulties in constructing
security fences and arranging surveillance and access control systems;
n)
Assessment of natural characteristics of the site that may affect the design,
construction, and operation of the physical protection system, including:
climatic conditions and extreme meteorological phenomena; flood and drought
risks; geological and seismic characteristics, and other factors;
o)
Assessment of accessibility and emergency response capacity of external forces.
2.
The overview report on site selection shall include the following contents:
a)
A summary of the site selection process;
b)
A summary of site survey and site assessment activities as prescribed in Clause
1 of this Article;
c)
The number of nuclear power units, technology, and capacity expected to be
constructed at the site submitted for approval;
d)
Justification demonstrating that the selected site meets the safety and
security criteria and requirements prescribed in applicable legislative
documents, technical regulations, national standards, international standards,
and applicable foreign technical standards and regulations.
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1.
After the investment guidelines for the nuclear power plant project have been
decided or approved, the project owner shall submit 1 physical dossier for
approval of the nuclear power plant construction site (in Vietnamese and
English), together with an electronic version, in person at the Ministry of
Science and Technology of Vietnam or by post. In the event of any discrepancy
between the physical dossier and the electronic version, the physical dossier
shall prevail as the final legally valid version.
2.
The dossier components include:
a)
Application for site approval;
b)
Overview report on site selection in accordance with Article 16 of this Decree;
c)
Preliminary design in accordance with Clause 5 Article 13 of this Decree;
d)
Documents describing the quality management system related to site survey and
site assessment activities in accordance with Article 10 of this Decree;
dd)
Preliminary environmental impact assessment report in accordance with the law
on environmental protection and Clause 3 Article 13 of this Decree;
e)
Safety analysis report in accordance with Article 9 of this Decree;
g)
Opinions of the provincial People’s Council where the expected nuclear power
plant construction site is located, reflecting public views on measures to
ensure safety, security, investment policies for technical infrastructure
development, and cultural, educational, and social welfare development, to
ensure harmony among the interests of the State, investors, and local
communities;
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Article 18. Contents of appraisal of nuclear power plant construction
sites
1.
Conformity of the expected nuclear power plant construction site with national
master planning, regional planning, provincial planning, and relevant technical
and sectoral planning.
2.
The degree to which the site satisfies safety requirements, national technical
regulations, national standards, applicable foreign standards, foreign
technical regulations, and international standards.
3.
Conformity of the site with the nuclear power plant design at the stage of
preparing the dossier for site approval.
4.
Assessment of site and environmental characteristics related to the dispersion of
radiation from the nuclear power plant that may cause harm to humans and the
environment.
5.
Assessment of natural and human-induced external hazards that may affect the
nuclear power plant safety, and site and environmental characteristics related
to radiation dispersion that may cause harm to humans and the environment.
6.
The degree to which the site meets requirements for ensuring national defense
and security for the nuclear power plant, and its conformity with requirements
for national security and public order and safety;
7.
Capacity to respond to radiation incidents and nuclear incidents in relation to
population density and distribution, regional characteristics,
socio-geographical conditions, and supporting infrastructure of the site area.
Article 19. Procedures for appraisal of dossiers for approval of nuclear
power plant construction sites
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2.
The Ministry of Science and Technology of Vietnam shall take charge and
cooperate with relevant ministries, central authorities, and agencies in
appraising the dossier for approval of the nuclear power plant construction
site. Where no foreign technical support consultant is engaged, the appraisal
period shall not exceed 18 months from the date of receipt of a complete and
valid dossier.
3.
Where a foreign technical support consultant is engaged, the appraisal period
shall be calculated from the date of signing the consultancy contract, but
shall not exceed 18 months. The conclusion of the consultancy contract must be
completed within 6 months from the date of receipt of a complete and valid
dossier. If the contract cannot be signed within the prescribed time limit, the
Minister of Science and Technology of Vietnam shall report to the Prime Minister
of Vietnam for consideration and decision.
4.
The appraisal periods specified in Clauses 2 and 3 of this Article shall not
include the time required for amendment or supplementation of the dossier.
5.
Appraisal responsibilities:
a)
The Ministry of Science and Technology of Vietnam shall take charge of the
appraisal of the dossier for approval of the nuclear power plant construction
site;
b)
The Ministry of Public Security of Vietnam and the Ministry of National Defense
of Vietnam shall cooperate in appraising contents related to security and
national defense;
c)
The Ministry of Agriculture and Environment of Vietnam shall cooperate in
appraising contents related to natural site factors.
6.
During the appraisal process, the Ministry of Science and Technology of Vietnam
may:
a)
Request the project owner and relevant organizations and individuals to provide
information serving appraisal and explanation where necessary;
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Article 20. Procedures for approval of nuclear power plant construction
sites
1.
Upon completion of the appraisal, the Ministry of Science and Technology of
Vietnam shall submit to the Prime Minister of Vietnam the dossier for approval
of the nuclear power plant construction site, which shall include:
a)
The documents specified in Clause 2 Article 17 of this Decree;
b)
The appraisal result report;
c)
A draft decision approving the nuclear power plant construction site or a
document refusing site approval, specifying the reasons for refusal;
d)
Other relevant documents (if any).
2.
Within 30 days from the date of receipt of the dossier specified in Clause 1 of
this Article, the Prime Minister of Vietnam shall approve the nuclear power
plant construction site or issue a decision refusing such approval.
3.
The validity period of the decision approving the site shall be 20 years. It
may be adjusted in the event of significant changes that affect safety, the
environment, or other critical factors.
4.
The Ministry of Science and Technology of Vietnam shall return the results of
the processing of the dossier for approval of the nuclear power plant
construction site to the project owner as follows:
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b)
Where the dossier is not approved, the Ministry of Science and Technology of
Vietnam shall send a written notification together with the Prime Minister of
Vietnam’s document refusing site approval and specifying the reasons for
refusal;
c)
The return of results shall be conducted in person at the headquarters of the
Ministry of Science and Technology of Vietnam or by post.
Section 3. DECISIONS ON INVESTMENT IN NUCLEAR POWER PLANT CONSTRUCTION
PROJECTS
Article 21. General requirements
1.
The project owners shall prepare the dossier for the decision on investment in
the nuclear power plant construction project, ensuring compliance with the law
on public investment, the law on technology transfer, and other relevant laws,
as well as appropriateness to the source of investment capital.
2.
The feasibility study report included in the dossier for the decision on
investment in the nuclear power plant construction project shall comply with
Article 22 of this Decree; the environmental impact assessment report included
in such dossier shall comply with Article 23 of this Decree.
3.
The procedures for appraisal and decision on investment in the nuclear power
plant construction project shall comply with the law on public investment and
other relevant laws, in a manner appropriate to the source of investment
capital.
Article 22. Feasibility study report on construction investment
1.
The feasibility study report on construction investment shall include contents
as prescribed by the construction law and shall also include the following:
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b)
The technical water supply and coolant supply plan;
c)
An expected plan for training, advanced training, and human resource
development, as well as information and communication activities.
2.
The basic design in the feasibility study report on construction investment,
including explanatory documents and drawings, shall ensure full compliance with
the construction law and shall also include the following:
a)
The bases for preparation of the basic design;
b)
The expected technology type; expected power generation capacity; international
operating experience; and assessment of the degree of technology validation;
c)
A design description demonstrating compliance with requirements and acceptance
criteria, ensuring application of the as low as reasonably achievable (ALARA)
principle, the defense in depth principle, and the capacity to prevent
incidents, control incidents if they occur, and mitigate consequences in all
credible scenarios;
d)
The design plan that ensures radiation safety, nuclear safety, and nuclear
security, and analysis of the selected design solutions for structures, systems
and components important to safety, measurement and control systems, physical
protection systems, auxiliary systems, and integration with the site’s
technical infrastructure;
dd)
Characteristics of nuclear fuel, the fuel supply plan, and management and
storage of spent nuclear fuel;
e)
Environmental protection measures and fire prevention and firefighting measures
in accordance with the law;
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h)
The preliminary construction plan;
i)
Other relevant documents.
Article 23. Environmental impact assessment report
1.
The project owner shall prepare an environmental impact assessment report in
accordance with the law on environmental protection, which shall also include
the following assessments of radiation and radioactivity-related environmental
impacts:
a)
A general assessment of the current status and characteristics of the radiation
environment at the project implementation site and in the surrounding area of
the nuclear power plant;
b)
Identification, assessment, and forecasting of radiation impacts on the
environment that may occur during project implementation and on affected
environmental components and socio-economic factors; assessment of
environmental impacts caused by radiation in the event of incidents; and the
scale and characteristics of radioactive waste and spent nuclear fuel generated
throughout the different project phases;
c)
Works and measures for the collection, storage, and treatment of radioactive
waste and spent nuclear fuel;
d)
Measures to control and mitigate negative impacts of radiation on the
environment; environmental remediation and restoration plans (if any); and
biodiversity compensation plans (if any);
dd)
Environmental radiation monitoring plans, including radiation monitoring of
soil, air, groundwater, and surface water in the affected area during operation
of the nuclear power plant;
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2.
The Minister of Agriculture and Environment of Vietnam shall take charge and
cooperate with the Minister of Science and Technology of Vietnam in providing
detailed guidelines on the preparation of environmental impact assessment
reports for nuclear power plants and research reactors.
Section 4. NUCLEAR POWER PLANT CONSTRUCTION
Article 24. General requirements for nuclear power plant construction
1.
A project owner shall obtain a construction permit for the nuclear power plant
before pouring the first concrete for the reactor building foundation.
2.
The project owner, contractor, and other relevant parties shall comply with
applicable standards, technical regulations, foreign technical regulations, the
scope of construction, and the conditions specified in the construction permit
for the nuclear power plant; comply with the quality management system; and
ensure safety in accordance with the law on construction and the law on atomic
energy throughout the construction of the nuclear power plant.
3.
The competent state authority, project owner, contractor, and other relevant
parties shall regularly inspect and supervise the construction process of the
nuclear power plant in accordance with construction and atomic energy laws.
4.
The project owner, contractor, and other relevant parties shall establish and
maintain a safety culture during the construction of the nuclear power plant.
5.
During the construction process, if design modifications are made to items
important to safety, the project owner shall supplement these modifications in
the dossier for the design, following the basic design, the construction design
dossier, the safety analysis report, and other relevant documents.
6.
The Minister of Science and Technology of Vietnam shall elaborate on radiation
safety and nuclear safety requirements applicable to the construction of
nuclear power plants.
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1.
A project owner shall submit 1 physical dossier (in Vietnamese and English),
together with an electronic version, of the dossier for a nuclear power plant
construction permit in person or by post to the Ministry of Science and
Technology of Vietnam. In the event of any discrepancy between the physical
dossier and the electronic version, the physical dossier shall prevail as the
final legally valid version.
2.
The dossier components include:
a)
Application for a construction permit;
b)
Safety analysis report on the construction stage as prescribed in Article 9 of
this Decree;
c)
Dossier for the design following the basic design as prescribed in Clause 3 of
this Article;
d)
Documents describing the quality management system of the project owner as
prescribed in Article 10 of this Decree;
dd)
Nuclear security assurance plan as prescribed in Clause 3 Article 11 of this
Decree;
e)
Preliminary operational termination plan as prescribed in Clause 3 Article 43
of this Decree;
g)
Dossier evidencing the capacity and qualifications of the project owner.
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a)
Bases for preparation of the design following the basic design;
b)
Description and safety classification of items important to safety, and the
results of safety analysis in accordance with the law on atomic energy;
c)
Explanatory documents and drawings of the design following the basic design for
items important to safety and the physical protection system, clearly
indicating solutions, detailed dimensions, technical parameters, and materials
used, as well as the boundaries and interactions between the safety systems,
the physical protection system, and the radiation monitoring system;
d)
Design justification demonstrating compliance with acceptance criteria and
requirements, ensuring application of the defense in depth principle and the
capacity to prevent incidents, control incidents if they occur, and mitigate
consequences under all credible scenarios;
dd)
The design plan that ensures radiation safety, nuclear safety, and nuclear
security, and analysis of the selected design solutions for structures, systems
and components important to safety, measurement and control systems, physical
protection systems, auxiliary systems, and integration with the site’s
technical infrastructure;
e)
Characteristics of nuclear fuel, the fuel supply plan, and management and
storage of spent nuclear fuel;
g)
Environmental protection measures and fire prevention and firefighting measures
in accordance with the law;
h)
Major construction and installation quantities;
i)
The preliminary construction plan;
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Article 26. Appraisal of dossiers for nuclear power plant construction
permits
1.
Appraisal contents:
a)
Inspection of the completeness, validity, and consistency of the dossier
components as prescribed in Points a, b, c, d, dd, and e Clause 2 Article 25 of
this Decree;
b)
Assessment of compliance with requirements for radiation safety, nuclear
safety, and nuclear security, and compliance with standards and technical
regulations on radiation safety, nuclear safety, and nuclear security;
c)
Assessment of compliance with construction requirements in accordance with the
law on construction.
2.
Appraisal procedures:
a)
Within 15 working days from the date of receipt of the dossier, the Ministry of
Science and Technology of Vietnam shall inspect the completeness and validity
of the dossier and issue a written notification confirming that the dossier is
valid, or request amendment and supplementation if the dossier is incomplete or
invalid;
b)
Where foreign technical support consultants are not engaged, the Ministry of
Science and Technology of Vietnam shall take charge and cooperate with relevant
ministries, central authorities, and agencies in completing the appraisal of
the dossier for a nuclear power plant construction permit within 18 months from
the date of receipt of a complete and valid dossier;
c)
Where a foreign technical support consultant is engaged, the appraisal period
shall be calculated from the date of signing the consultancy contract, but
shall not exceed 18 months. The conclusion of the consultancy contract must be
completed within 6 months from the date of receipt of a complete and valid
dossier. If the contract cannot be signed within the prescribed time limit (if
any), the Minister of Science and Technology of Vietnam shall report to the
Prime Minister of Vietnam for consideration and decision on extension of the
contract conclusion period and the corresponding appraisal period.
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dd)
The project owner shall complete the dossier in accordance with the appraisal
conclusions within 2 months;
e)
Within 1 month from the date of receipt of the completed dossier, the Ministry
of Science and Technology of Vietnam shall review, confirm, and grant the nuclear
power plant construction permit; where the permit is not granted, a written
explanation specifying the reasons shall be issued and sent to the project
owner.
3.
Appraisal responsibilities:
a)
The Ministry of Science and Technology of Vietnam shall take charge of the
appraisal of the dossier for the nuclear power plant construction permit;
b)
The Ministry of Industry and Trade of Vietnam shall take charge of the
appraisal of the contents prescribed in Point c Clause 2 Article 25 of this
Decree;
c)
The Ministry of Public Security of Vietnam and the Ministry of National Defense
of Vietnam shall cooperate in appraising the contents prescribed in Point dd
Clause 2 Article 25 of this Decree;
d)
The national authority for radiation and nuclear safety shall take charge and
cooperate with relevant agencies under the Ministry of Public Security of
Vietnam and the Ministry of Industry and Trade of Vietnam in appraising
design-related contents concerning radiation safety, nuclear safety, and
nuclear security in the dossier prescribed in Point c Clause 2 Article 25 of
this Decree, in accordance with Clause 5 Article 44 of the Law on Atomic
Energy 2025.
4.
During the appraisal process, the Ministry of Science and Technology of Vietnam
may:
a)
Request the project owner and relevant organizations and individuals to provide
information serving appraisal and explanation where necessary;
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5.
Project owners shall:
a)
Cooperate and provide information and documents in a timely and accurate manner
as requested by the appraisal authority;
b)
Provide explanations and supplement specific contents during the appraisal
process upon request.
6.
The Ministry of Science and Technology of Vietnam shall return the results of
the processing of the dossier for the nuclear power plant construction permit
to the project owner either in person at the headquarters of the Ministry of
Science and Technology of Vietnam or by post; where the permit is not granted,
a written explanation specifying the reasons shall be issued and sent to the
project owner.
Article 27. Responsibilities of project owners during construction phase
1.
The project owner shall be responsible for organizing the construction of the
nuclear power plant strictly in accordance with the contents of the
construction permit that has been granted, in conformity with the designs that
have been appraised and approved, and in compliance with the law on
construction, the law on atomic energy, and other relevant laws.
2.
The project owner shall be responsible for establishing and maintaining project
management and safety and quality management systems during construction, and
for supervising the construction process, ensuring that:
a)
Radiation safety, nuclear safety, nuclear security, and environmental
protection requirements are met; applicable standards, regulations, and foreign
technical regulations are complied with; and the conditions of the construction
permit are complied with;
b)
Contractors, organizations, and individuals participating in construction
possess adequate capacity in accordance with the law and contractual provisions;
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3.
The project owner shall comply with supervision, inspection, and examination by
competent state management authorities during the construction process, in
accordance with the laws on construction, atomic energy, and other relevant
laws.
4.
Where design modifications are made to main works or work items that are
directly related to nuclear safety, or that affect solutions for ensuring
radiation safety, nuclear safety, or nuclear security compared with the designs
already appraised during construction, the project owner shall carry out design
modification procedures in accordance with the law on construction, and
concurrently report the design modifications to the Ministry of Science and
Technology of Vietnam. The construction of the related items may only continue
after approval has been granted by the Ministry of Science and Technology of
Vietnam.
5.
The project owner shall carry out other obligations fully in accordance with
the law on construction, the law on atomic energy, and other relevant laws.
Article 28. Capacity conditions applicable to organizations and
individuals involved in nuclear power plant construction
1.
Organizations and individuals participating in activities related to nuclear
power plants, including site survey, design, construction, device installation,
supervision, inspection, examination, and testing, shall meet capacity
conditions appropriate to the scope of work undertaken, in accordance with the
law on construction, other relevant laws, and international practice.
2.
In addition to the conditions specified in Clause 1 of this Article,
organizations and individuals shall:
a)
Possess the capacity to perform technically complex tasks in the field of
energy or the heavy industry sector, or have consortium agreements or technical
cooperation arrangements with organizations experienced in nuclear power plant
construction;
b)
Have a quality management system suitable for the atomic energy field, which is
established, operated, and effectively maintained;
c)
Have sufficient personnel who have received training, advanced training, and
are thematically instructed in nuclear safety, nuclear security, and radiation
protection, and who hold professional practice certificates appropriate to
their assigned positions;
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Article 29. Supervision of radiation safety, nuclear safety, and nuclear
security; temporary cessation and suspension during construction
1.
Safety supervision during construction:
a)
Safety supervision during construction shall be carried out throughout the
entire construction period of the nuclear power plant and shall ensure
verification of compliance with design requirements, assessment of deviations
from construction drawings, conformity with safety standards, and the capacity
to meet post-construction operational requirements of the nuclear power plant;
such supervision shall ensure that it does not adversely affect or hinder
construction and installation progress;
b)
The supervisory responsibilities of the project owner, contractor, and relevant
ministries and agencies shall comply with the law on construction;
c)
The national authority for radiation and nuclear safety shall organize and
carry out independent supervision to ensure that the construction of the
nuclear power plant complies with the approved design, the contents of the
safety analysis report that has been appraised, and the requirements for
ensuring radiation safety, nuclear safety, and nuclear security in accordance
with the law on atomic energy.
2.
The supervision of the design and fabrication of structures, systems, and
components for nuclear power plants shall include the following contents:
a)
Assessing compliance with the design following the basic design that has been
appraised, in conformity with applicable standards, technical regulations, and
foreign technical regulations;
b)
Verifying the capacity conformity of organizations and individuals engaged in
design and fabrication against the capacity dossiers submitted to the project
owner, and their capacity to fabricate in accordance with the requirements of the
design following the basic design that has been appraised;
c)
Assessing the quality control measures applied by design and fabrication
organizations during the design and fabrication process, ensuring conformity
with quality management system requirements and compliance with applicable
standards, technical regulations, and foreign technical regulations;
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dd)
Assessing the results of inspections and tests conducted during fabrication for
conformity with design requirements and technical parameters;
e)
Inspecting the assurance of storage, traceability, and control of all relevant
data, documents, drawings, amendments, and reports;
g)
Inspecting devices before transportation to the construction site and before
installation to ensure that they are free from damage and accompanied by
complete relevant documents.
3.
Methods for supervising the design and fabrication of structures, systems, and
components for nuclear power plants shall include:
a)
Reviewing design dossiers and comparing and assessing the basic design and the
design following the basic design to ensure that no deviations affecting safety
exist; inspecting and assessing quality dossiers and technical design and
fabrication dossiers;
b)
Developing safety checklists to assess each structure, system, and component
important to safety; conducting on-site supervision at fabrication sites;
c)
Conducting technical supervision and assessment at each stage of fabrication;
where design changes occur between stages, additional independent assessments
of such changes shall be conducted; supervising factory release;
d)
During supervision, all non-conformities shall be documented in writing,
classified, assessed for technical and safety impacts, and remedial measures
shall be required where necessary.
4.
The national authority for radiation and nuclear safety shall organize and
conduct independent supervision to ensure that design and fabrication comply
with the contents specified in Point a Clause 2 of this Article, the contents
of the appraised safety analysis report, and the requirements for ensuring
radiation safety, nuclear safety, and nuclear security in accordance with the
law.
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6.
When conducting safety inspections during construction, the Ministry of Science
and Technology of Vietnam may require the project owner to provide documents
and reports relating to:
a)
The capacity and professional qualifications of organizations and individuals
responsible for construction and for construction supervision;
b)
The acceptance schedule of the items subject to inspection;
c)
Construction and installation procedures and schedules of the items subject to
inspection;
d)
Compliance with safety regulations applicable to construction and installation.
7.
Inspections shall be conducted periodically in accordance with annual plans,
construction and installation schedules for items important to safety, and on
an ad hoc basis at the request of competent authorities.
8.
Temporary cessation and suspension of construction:
a)
The Ministry of Science and Technology of Vietnam shall take charge and
cooperate with the Ministry of Industry and Trade of Vietnam in carrying out
the temporary cessation or suspension of construction and installation of
nuclear power plant items when non-conformities with the design or factors
causing loss of radiation safety or nuclear safety are detected, and shall take
legal liability for its decisions;
b)
The project owners shall prepare an explanatory report and propose measures to
ensure full compliance with radiation safety and nuclear safety regulations,
and submit it to the national authority for radiation and nuclear safety for
appraisal and submission to the Ministry of Science and Technology of Vietnam
for consideration and decision. The time limit for decision-making shall not
exceed 15 working days;
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d)
The project owner may resume construction and installation of temporarily
ceased or suspended items only after authorization is granted by the competent
authority;
dd)
The temporary cessation, suspension, and permission to resume construction
shall be reported immediately to the Prime Minister of Vietnam.
Chapter IV
TRIAL OPERATION
OF NUCLEAR POWER UNITS, OPERATION OF NUCLEAR POWER PLANTS
Section 1. TRIAL OPERATION OF NUCLEAR POWER UNITS
Article 30. General requirements for trial operation of nuclear power
units
1.
The trial operation of nuclear power units is conducted to verify the
conformity of actual technical properties with the approved design, ensuring
that systems operate safely and stably and meet requirements for radiation
safety and nuclear safety.
2.
The project owner shall develop a trial operation program, including inspection
and testing of all structures, systems, and components related to safety, to
ensure safe operability in accordance with the design. The trial operation
program shall have clearly defined objectives, contents, and methods, and shall
be understandable and practicable for relevant personnel.
3.
The trial operation shall satisfy the following requirements:
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b)
Proceed from the stage of testing without nuclear fuel to the stage of trial
operation with nuclear fuel; from individual tests to integrated system tests
and full unit tests;
c)
Conduct testing in a sequence consistent with progressively increasing
technical requirements and operating conditions;
d)
Include technical hold points in the trial operation program to assess the
results of each stage before proceeding to the next stage;
dd)
Ensure that personnel participating in operation, maintenance, and technical
support are appropriately trained;
e)
Comply with the quality management system;
g)
Prohibit the conduct of tests that have not undergone safety analysis and
assessment for the stage of trial operation with nuclear fuel; or that fall
outside the scope considered in the safety analysis report; or that may cause
damage to the nuclear power plant or adversely affect radiation safety or
nuclear safety;
h)
For structures, systems, and components shared by multiple nuclear power units,
ensure that tests are conducted to demonstrate compliance with performance
requirements under design conditions and accident conditions for each unit and
for joint operation of all units;
i)
For sites with multiple units, adopt specific measures to ensure that the trial
operation of one unit does not affect the safety of other operating units,
including measures to ensure adequate communication.
4.
All safety-related modifications arising during trial operation shall be
incorporated into the design and technical dossier, the safety analysis report,
technological documents, and nuclear power plant operating documents.
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Article 31. Testing without nuclear fuel
1.
A project owner shall submit 1 physical dossier (in Vietnamese and English),
together with an electronic version, for approval of the trial operation
program for nuclear power units, either in person at the Ministry of Science
and Technology of Vietnam or by post. In the event of any discrepancy between
the physical dossier and the electronic version, the physical dossier shall
prevail as the final legally valid version.
2.
The dossier components include:
a)
Application for approval of the trial operation program;
b)
Trial operation program, including all tests to be conducted during the stage
of testing without nuclear fuel;
c)
Documents describing the quality management system for the trial operation
stage;
d)
Explanatory report on the capacity of the organization conducting the trial
operation.
3.
The Ministry of Science and Technology of Vietnam shall appraise the dossier
for approval of the trial operation program, ensuring:
a)
Inspection of compliance with the requirements specified in Clause 3 Article 30
of this Decree for the trial operation program during the stage without nuclear
fuel;
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c)
Inspection and assessment of the capacity dossier of the organization
conducting the trial operation.
4.
Appraisal procedures:
a)
Within 15 working days from the date of receipt of the dossier, the Ministry of
Science and Technology of Vietnam shall inspect its completeness and validity
and issue written notifications requesting amendment or supplementation if the
dossier is incomplete or invalid;
b)
Where foreign technical support consultants are not engaged, the Ministry of
Science and Technology of Vietnam shall take charge and cooperate with relevant
ministries, central authorities, and agencies in completing the appraisal of
the dossier for approval of the trial operation program for nuclear power units
within 6 months from the date of receipt of a complete and valid dossier;
c)
Where a foreign technical support consultant is engaged, the appraisal period
shall be calculated from the date of signing the consultancy contract, but
shall not exceed 6 months. The conclusion of the consultancy contract must be
completed within 6 months from the date of receipt of a complete and valid
dossier. If the contract cannot be signed within the prescribed time limit (if
any), the Minister of Science and Technology of Vietnam shall report to the
Prime Minister of Vietnam for consideration and decision on extension of the
contract conclusion period and the corresponding appraisal period.
d)
The appraisal period prescribed in Points b and c of this Clause shall not
include the time required for amendment or supplementation of the dossier as
requested by the appraisal authority;
dd)
The project owner shall complete the dossier in accordance with the appraisal
conclusions within 2 months;
e)
Within 1 month from the date of receipt of the completed dossier, the Ministry
of Science and Technology of Vietnam shall review, confirm, and approve the
trial operation program for nuclear power units; where approval is refused, a
written explanation specifying the reasons shall be issued and sent to the
project owner.
5.
During the appraisal process, the Ministry of Science and Technology of Vietnam
may:
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b)
Engage domestic and foreign organizations and individuals with adequate
capacity and experience as technical support consultants to perform part or all
of the tasks serving the appraisal process.
6.
The Ministry of Science and Technology of Vietnam shall return the results of
the processing of the dossier for approval of the trial operation program for
nuclear power units to the project owner either in person at the headquarters
of the Ministry of Science and Technology of Vietnam or by post; where approval
is refused, a written explanation specifying the reasons shall be issued and
sent to the project owner.
7.
Upon completion of the testing stage without nuclear fuel, the project owner
shall prepare a report on the results of such testing, which shall demonstrate
compliance with the following requirements:
a)
Structures, systems, and components meet design requirements for individual
tests and integrated tests;
b)
Measurement and control devices are verified to operate under operating
conditions;
c)
Deviations from the design are recorded, and appropriate handling plans are adopted
to ensure no adverse impact on safety conditions.
8.
The Minister of Science and Technology of Vietnam shall elaborate on the
contents of the trial operation program, procedures for modification of the
trial operation program, and the contents of the report on the results of
testing without nuclear fuel.
Article 32. Trial operation with nuclear fuel
1.
A project owner shall submit 1 physical dossier (in Vietnamese and English),
together with an electronic version, for a trial operation license for nuclear
power units, either in person at the Ministry of Science and Technology of
Vietnam or by post. In the event of any discrepancy between the physical
dossier and the electronic version, the physical dossier shall prevail as the
final legally valid version.
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a)
Application for a trial operation license;
b)
Report on the results of tests without nuclear fuel;
c)
Updated safety analysis report for the trial operation stage;
d)
Updated trial operation program for the trial operation stage with nuclear fuel;
dd)
Environmental radiation monitoring program;
e)
Documents describing the quality management system for the trial operation
stage with nuclear fuel;
g)
Updated explanatory report on the capacity of the organization conducting the
trial operation.
h)
Operating instructions and the description of operating limits and conditions;
i)
On-site radiation incident and nuclear incident response plan;
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l)
Regulations on the training, advanced training, and utilization of trial
operation personnel;
m)
Environmental permit in accordance with the environmental protection law.
3.
Appraisal contents:
a)
Inspection of the completeness, consistency, and clarity of the dossier as
prescribed in Clause 2 of this Article;
b)
Inspection of compliance with Clause 3 Article 30 of this Decree regarding the
trial operation program;
c)
Assessment of the results of tests without nuclear fuel to determine the
technical and organizational readiness for the trial operation stage with
nuclear fuel;
d)
Inspection of the application and compliance with standards, technical
regulations, and foreign technical regulations applied to the project;
dd)
Assessment of compliance with requirements for radiation safety and nuclear
safety throughout the trial operation; radiation incident and nuclear incident
response in accordance with the approved plan; environmental radiation
monitoring; and nuclear security assurance at the appropriate level;
e)
Assessment of the capacity of the trial operation organization in terms of
human resources, quality management system, facilities, and equipment, ensuring
compliance with safety requirements.
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a)
Within 15 working days from the date of receipt of the dossier, the Ministry of
Science and Technology of Vietnam shall inspect its completeness and validity
and issue written notifications requesting amendment or supplementation if the
dossier is incomplete or invalid;
b)
Where foreign technical support consultants are not engaged, the Ministry of
Science and Technology of Vietnam shall take charge and cooperate with relevant
ministries, central authorities, and agencies in completing the appraisal of the
dossier for a trial operation license within 18 months from the date of receipt
of a complete and valid dossier;
c)
Where a foreign technical support consultant is engaged, the appraisal period
shall be calculated from the date of signing the consultancy contract, but
shall not exceed 18 months. The conclusion of the consultancy contract must be
completed within 6 months from the date of receipt of a complete and valid
dossier. If the contract cannot be signed within the prescribed time limit (if
any), the Minister of Science and Technology of Vietnam shall report to the
Prime Minister of Vietnam for consideration and decision on extension of the
contract conclusion period and the corresponding appraisal period.
d)
The appraisal period prescribed in Points b and c of this Clause shall not
include the time required for amendment or supplementation of the dossier as
requested by the appraisal authority;
dd)
The project owner shall complete the dossier in accordance with the appraisal
conclusions within 2 months;
e)
Within 1 month from the date of receipt of the completed dossier, the Ministry
of Science and Technology of Vietnam shall review, confirm, and grant the trial
operation license; where the license is not granted, a written explanation
specifying the reasons shall be issued and sent to the project owner.
5.
During the appraisal process, the Ministry of Science and Technology of Vietnam
may:
a)
Request the project owner and relevant organizations and individuals to provide
information serving appraisal and explanation where necessary;
b)
Engage domestic and foreign organizations and individuals with adequate
capacity and experience as technical support consultants to perform part or all
of the tasks serving the appraisal process.
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7.
The project owner and the operating organization may only load nuclear fuel
into the reactor core after the trial operation license has been granted.
8.
Upon completion of the trial operation stage, the project owner shall prepare
reports on the trial operation results, updated from the report on the results
of tests without nuclear fuel, including the following contents:
a)
Introduction;
b)
Reference documents related to the trial operation procedures;
c)
Description of the methods and summary of objectives for each test;
d)
Description of the trial operation process, including the initial and final
plant states, actual operating limits encountered, incidents and remedial
actions, including any design or trial operation procedure modifications;
dd)
Brief description of any special test equipment used;
e)
Detailed data tables with expected values and graphs of the obtained test data;
g)
Summary and analysis of the obtained data; assessment of results against
acceptance criteria;
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i)
Identification and cross-referencing of relevant documents and the distribution
list of report recipients.
9.
The Minister of Science and Technology of Vietnam shall elaborate on:
a)
The contents of the trial operation results report;
b)
Procedures for revocation, amendment, and renewal of the trial operation
license for nuclear power units, and suspension of trial operation activities.
Article 33. Supervision of radiation safety, nuclear safety, and nuclear
security during trial operation
1.
The national authority for radiation and nuclear safety shall:
a)
Inspect and supervise the trial operation process to ensure compliance with the
approved trial operation program and compliance with the law on radiation
safety, nuclear safety, and nuclear security;
b)
Supervise and assess the implementation of tests of structures, systems, and
components related to safety, in particular integrated tests, fuel loading
checks, and safety inspections prior to first criticality;
c)
Conduct independent inspections and assessments of radiation releases, exposure
dose control, and safety assurance measures throughout the trial operation;
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dd)
Prepare and submit monthly supervision reports to the Ministry of Science and
Technology of Vietnam.
2.
Contents of supervision:
a)
Ensuring verification of compliance with design requirements and detection of
deviations (if any) that may affect the safe operation of the nuclear power
plant;
b)
Ensuring that testing activities do not pose risks to nuclear safety, do not
exceed the operating limits and conditions, and are consistent with the
applicable safety standards.
3.
Suspension of the trial operation of a nuclear power unit:
a)
The trial operation may be suspended in the following cases: detection of
serious violations of safety regulations during the trial operation;
non-compliance with the approved operational conditions and limits; failure of
the project owner or the trial operation organization to conduct trial
operation within 12 months from the date the trial operation license is
granted; or occurrence of serious situations requiring a comprehensive
re-assessment of the entire trial operation process;
b)
The Ministry of Science and Technology of Vietnam shall have the authority to
decide the suspension of the trial operation.
4.
The project owner and the operating organization shall prepare an explanatory
report proposing measures to ensure full compliance with regulations on
radiation safety and nuclear safety, and submit it to the Ministry of Science
and Technology of Vietnam for consideration.
5.
Within 30 working days from the date of receipt of the explanatory report, the
Ministry of Science and Technology of Vietnam shall conduct an appraisal and
notify the results to the project owner and the operating organization.
Continuation of activities shall only be permitted after obtaining written approval
from the Ministry of Science and Technology of Vietnam.
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Article 34. Responsibilities of project owners during trial operation
phase
1.
Where the project owner directly conducts the trial operation, they shall:
a)
Implement the trial operation while ensuring compliance with the approved trial
operation program;
b)
Supervise the trial operation process, collect data, and assess the conformity
of systems with the requirements set out in the design;
c)
Prepare and submit the report on the trial operation results to the Ministry of
Science and Technology of Vietnam for appraisal.
2.
Where the technology-supplying contractor conducts the trial operation:
a)
The contractor shall carry out the trial operation in accordance with the
contract and the approved trial operation program;
b)
The project owner shall supervise the contractor’s trial operation, including
supervision of the entire process of adjusting and testing each system, system
integration, and overall testing of the nuclear power unit; collection,
recording, and analysis of operational data, ensuring that systems operate in
accordance with the design; preparation and submission of periodic reports on
supervision results to the Ministry of Science and Technology of Vietnam;
timely proposal of remedial measures upon detection of abnormalities or safety-related
deviations.
Section 2. OPERATION OF NUCLEAR POWER PLANTS
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1.
The operation of nuclear power plants shall ensure that radiation safety,
nuclear safety, nuclear security, and environmental protection are the highest
priorities, and ensure that the benefits of operation outweigh potential risks
to humans, society, and the environment.
2.
The defense in depth principle shall be applied through multiple independent
and complementary levels, maintaining the capacity to perform safety functions
under all operating states of the nuclear power plant.
3.
The operating organization shall assume full responsibility for safety and
security during operation. All operational decisions shall be based on safety
analysis and shall comply with the operating limits and conditions approved by
the competent authority.
4.
Operational activities shall be associated with the maintenance and development
of safety culture and security culture, ensuring that personnel at all levels
fully understand and strictly implement their responsibilities and entitlements.
5.
It is mandatory to maintain preparedness for responding to incidents, ensuring
the capacity to implement radiation incident and nuclear incident response
plans, as well as nuclear security plans, and effectively cooperate with state
management authorities, local authorities, and emergency response forces.
6.
It is mandatory to regularly monitor and comprehensively assess safety,
security, and environmental impacts, and promptly implement improvement
measures consistent with scientific and technological advances, as well as
domestic and international operating experience.
Article 36. Dossiers for nuclear power plant operation licenses
1.
An operating organization shall submit 1 physical dossier (in Vietnamese and
English), together with an electronic version, for a nuclear power plant
operation license, either in person at the Ministry of Science and Technology
of Vietnam or by post. In the event of any discrepancy between the physical
dossier and the electronic version, the physical dossier shall prevail as the
final legally valid version.
2.
The dossier for the operating license shall include:
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b)
Operation stage safety analysis report;
c)
Updated operating limits and conditions, operating procedures, and operating
instructions;
d)
Report on trial operation results as prescribed in Clause 8, Article 32 of this
Decree; records of acceptance and confirmation of completion of construction
and installation in accordance with the approved design;
dd)
Documents describing the quality management system applied for the operation
stage;
e)
Updated radiation incident and nuclear incident response plan;
g)
Nuclear security assurance plan for the operation stage;
h)
Fuel reshuffling plan (if any) and operating program;
i)
Preliminary operational termination plan in accordance with Clause 3 Article 43
of this Decree;
k)
Nuclear material accounting and control plan;
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m)
Inspection, maintenance, and repair program for structures, systems, and
components important to safety;
n)
Environmental radiation monitoring program;
o)
Ageing management program;
p)
Regulations on recruitment, training, advanced training, and utilization of
operating personnel;
q)
Severe incident management guidelines;
r)
Other dossiers/records relevant to the review and assessment of the operational
safety of the nuclear power plant.
3.
Appraisal contents:
a)
Comprehensive assessment of compliance with the requirements for radiation
safety, nuclear safety, and nuclear security of the nuclear power plant in
accordance with the law and applicable standards, technical regulations, and
foreign technical regulations;
b)
Verification of the completeness, validity, and consistency of the dossier
components specified in Clause 2 of this Article;
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d)
Assessment of the operating program, fuel reshuffling plan, and operational
termination plan with respect to feasibility, safety, and adequacy of control
throughout the lifecycle of the nuclear power unit;
dd)
Inspection of the adequacy and effectiveness of the quality management system
during operation, including the capacity to maintain procedural compliance and
address deviations under actual operating conditions;
e)
Assessment of updates to the incident response plan and the nuclear security
assurance plan to ensure preparedness for prevention and response under all
potential operational scenarios.
4.
Appraisal procedures:
a)
Within 15 working days from the date of receipt of the dossier, the Ministry of
Science and Technology of Vietnam shall inspect its completeness and validity
and issue written notifications requesting amendment or supplementation if the
dossier is incomplete or invalid;
b)
Where foreign technical support consultants are not engaged, the Ministry of
Science and Technology of Vietnam shall take charge and cooperate with relevant
ministries, central authorities, and agencies in completing the appraisal of
the dossier for a nuclear power plant operation license within 12 months from
the date of receipt of a complete and valid dossier;
c)
Where a foreign technical support consultant is engaged, the appraisal period
shall be calculated from the date of signing the consultancy contract, but
shall not exceed 12 months. The conclusion of the consultancy contract must be
completed within 6 months from the date of receipt of a complete and valid
dossier. If the contract cannot be signed within the prescribed time limit (if
any), the Minister of Science and Technology of Vietnam shall report to the
Prime Minister of Vietnam for consideration and decision on extension of the
contract conclusion period and the corresponding appraisal period.
d)
The appraisal period prescribed in Points b and c of this Clause shall not
include the time required for amendment or supplementation of the dossier as
requested by the appraisal authority;
dd)
The project owner shall complete the dossier in accordance with the appraisal
conclusions within 2 months;
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5.
During the appraisal process, the Ministry of Science and Technology of Vietnam
may:
a)
Request the project owner and relevant organizations and individuals to provide
information serving appraisal and explanation where necessary;
b)
Engage domestic and foreign organizations and individuals with adequate
capacity and experience as technical support consultants to perform part or all
of the appraisal activities.
6.
The Ministry of Science and Technology of Vietnam shall return the results of
the processing of the dossier for the nuclear power plant operation license to
the project owner either in person at the headquarters of the Ministry of
Science and Technology of Vietnam or by post; where the license is not granted,
a written explanation specifying the reasons shall be issued and sent to the
project owner.
7.
The Minister of Science and Technology of Vietnam shall elaborate on:
a)
Requirements for radiation safety and nuclear safety in the operation of
nuclear power plants;
b)
Contents of the dossier components for the nuclear power plant operation
license;
c)
Procedures for revocation, amendment, and renewal of the nuclear power plant
license.
Article 37. Responsibilities of operating organizations and heads of
operating organizations in operation of nuclear power plants
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a)
Establish an organizational structure and internal management mechanisms to
ensure the effective implementation of nuclear safety and nuclear security
activities; clearly assign responsibilities and entitlements to each department
and individual; establish an independent supervision focal point for safety and
security reporting directly to the head of the organization;
b)
Approve operating regulations, decision-making procedures, and internal
independent supervision mechanisms; approve the overall safety and security
plan of the nuclear power plant, including: plans for ensuring safety during
design, construction, operation, and operational termination; incident response
plans; plans for security assurance and cooperation with external forces;
c)
Allocate and ensure adequate financial, human, material, and technical
resources for full implementation of quality management programs, personnel
training, environmental radiation monitoring, incident response, and nuclear
security assurance;
d)
Issue regulations, maintain, and promote nuclear safety culture and nuclear
security culture; establish incentive and disciplinary mechanisms related to
safety- and security-related behavior of personnel, to maintain operational
discipline and prevent concealment or disregard of safety violations;
dd)
Perform other responsibilities as prescribed by the Law on Atomic Energy and
other relevant laws.
2.
Responsibilities of the operating organization of the nuclear power plant:
a)
Strictly comply with the approved operating limits and conditions; promptly
implement remedial measures in the event of deviations or violations of
operating limits and conditions, and report to the competent authority within
the prescribed time limits;
b)
Develop, implement, and update the system of procedures for operation and
maintenance in accordance with applicable technical standards, technical
regulations, foreign technical regulations, and the specific conditions of the
nuclear power plant;
c)
Develop, maintain, and continuously improve the safety management system and
the quality assurance system, ensuring that all activities are conducted in
compliance with safety and effectiveness requirements;
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dd)
Develop and maintain a safety culture and a security culture, ensuring that all
personnel fully understand their responsibilities in maintaining nuclear safety
and nuclear security, including:
Encouraging
personnel to report safety- and security-related issues proactively;
strengthening individual awareness of responsibility and role in maintaining
nuclear safety and nuclear security;
Enhancing
security awareness, information protection, and protection of critical systems;
Implementing
training and advanced training programs to improve compliance with procedures;
Strengthening
supervision and assessment for continuous improvement of the safety system.
e)
Inspect and supervise compliance with the law and internal procedures; organize
periodic internal assessments, at least once per year, on radiation safety,
nuclear safety, and nuclear security;
g)
Ensure that personnel satisfy specific professional standards and capacity
requirements, including: completion of specialized training and possession of
appropriate certificates; compliance with regulatory requirements for
qualifications and professional experience; completion of periodic training and
advanced training to enhance skills and incident response capacity.
Article 38. Environmental radiation monitoring
1.
Contents of environmental radiation monitoring:
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b)
Inspection of radiation discharges from the nuclear power plant into the environment,
including radioactive gases, radioactive substances in wastewater, and
radioactive particulates;
c)
Monitoring of natural background radiation levels and assessment of the impact
of nuclear power plant operation on natural background radiation;
d)
Assessment of environmental factors affecting radiation release;
dd)
Radiation monitoring under special circumstances, such as after incidents,
major maintenance activities, or when abnormal signs are detected.
2.
Responsibilities of the operating organization:
a)
Establish and operate the environmental radiation monitoring system in
accordance with regulations, ensuring continuous measurement and monitoring of
radiological parameters;
b)
Conduct periodic monitoring and special monitoring upon request, ensuring
assessment of radiation discharge impacts under normal operating conditions and
postulated incident scenarios;
c)
Report monitoring results periodically to the Ministry of Science and
Technology of Vietnam and the national authority for radiation and nuclear
safety, and immediately upon detection of abnormal radiation levels exceeding
control limits;
d)
Store monitoring data, ensuring data integrity, traceability, and provision of
information upon request by competent authorities;
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e)
Develop an online monitoring system, ensuring that measurement data are updated
in real time.
3.
Responsibilities of the Ministry of Science and Technology of Vietnam
a)
Supervise and inspect the implementation of environmental radiation monitoring
by the operating organization;
b)
Conduct independent environmental radiation monitoring, ensuring objectivity in
assessing environmental impacts of the nuclear power plant;
c)
Receive and consolidate monitoring data, assess environmental radiation levels,
and direct implementation of response measures when necessary;
d)
Publicly disclose monitoring results on the web portal and the national
environmental radiation monitoring system, ensuring transparency of information
on environmental radiation levels.
4.
Requirements for the environmental radiation monitoring system:
a)
Being designed, installed, and operated to ensure continuous measurement and
monitoring of radiation levels in air, water, soil, and food in areas
surrounding the nuclear power plant;
b)
Ensure the capacity for early detection and warning of radiological
abnormalities, and connectivity with the national environmental radiation
monitoring and warning system;
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d)
Implementing an online monitoring system with automated data collection and
real-time transmission to state management authorities and relevant units.
5.
The Minister of Science and Technology of Vietnam shall elaborate on the
environmental radiation monitoring system applicable to nuclear power plants.
Article 39. Nuclear power plant safety status report
1.
The operating organization shall prepare and submit an annual nuclear power
plant safety status report, or an ad-hoc report upon request, to the Ministry
of Science and Technology of Vietnam, the national authority for radiation and
nuclear safety, and the provincial People’s Committee where the nuclear power
plant is located.
2.
The safety status report shall include the following contents:
a)
Compliance with the conditions specified in the license;
b)
Any changes compared with the dossier for licensing;
c)
Transitional events leading to reactor shutdown, radiation incidents, or
nuclear incidents (if any), and the remedial measures implemented;
d)
Results of monitoring, exposure doses, and maintenance and major repair
activities;
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Article 40. 10-year comprehensive report
1.
A 10-year comprehensive report is intended to review, update, and
comprehensively assess the level of compliance with radiation safety, nuclear
safety, and nuclear security requirements of the nuclear power plant during
operation, and to identify necessary measures to maintain or enhance the safety
level.
2.
The project owner shall prepare and submit the 10-year comprehensive report, or
a comprehensive safety assessment report as required, to the Ministry of
Science and Technology of Vietnam and the national authority for radiation and
nuclear safety. In cases where the nuclear power plant plans to extend its
operating lifetime, a comprehensive safety assessment report must be prepared
and approved before the extension decision is issued.
3.
The 10-year comprehensive report shall include at least the following main
contents:
a)
Assessment of the design basis, the current condition of structures, systems,
and components, their capacity to perform safety functions, and their
conformity with applicable legal requirements, standards, and technical
conditions;
b)
Assessment of the impact of environmental conditions, device aging,
load-bearing capacity under adverse conditions and incident conditions,
including deterministic safety analysis and probabilistic safety analysis, as
well as actual operating conditions and operability;
c)
Analysis of internal and external hazards, whether natural or human-induced,
that may affect plant safety, including natural disasters, technical accidents,
collisions, fires, explosions, and intentional acts;
d)
Assessment of the effectiveness of operating programs, maintenance, aging
management, technology upgrades, radioactive waste management, and management
of spent nuclear fuel;
dd)
Assessment of the management organization, personnel, training/advanced
training programs, human factors, and safety culture in plant operation;
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g)
Assessment of radiological impacts on humans and the environment under normal
conditions and incident conditions;
h)
Consolidation of conclusions and proposals for improvements, modifications, or
upgrades to ensure maintenance of an equivalent or higher level of safety in
the subsequent operating cycle; where the plant is preparing for operational
termination, the report shall assess the capacity for safe shutdown and the
readiness of the establishment decommissioning plan;
i)
Other contents in accordance with the law on atomic energy.
4.
The Minister of Science and Technology of Vietnam shall elaborate on the
contents of the 10-year comprehensive report.
Article 41. Supervision of radiation safety, nuclear safety, and nuclear
security during operation of nuclear power plants
The
scope of supervision shall include:
1.
Compliance with regulations on safety assurance during the operation of nuclear
power plants.
2.
Implementation of periodic maintenance, repair, and testing of systems
important to safety.
3.
Measures to ensure radiation safety for radiation workers, the public, and the
environment.
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5.
Implementation of nuclear security protection measures, access control, and
prevention of unauthorized intrusion.
6.
Inspection of compliance with the radioactive waste and spent nuclear fuel
management plan.
7.
Continuous assessment of the plant safety status based on real-time data,
including radiation monitoring information, safety system status, maintenance
inspection results, and key operational indicators.
8.
Supervision of the implementation of remedial actions following abnormal
events, incidents, or conclusions of previous inspection campaigns.
9.
Inspection of compliance with the operating limits and conditions specified in
the nuclear power plant operation license.
10.
Other contents as prescribed by law.
Article 42. Upgrading and modification of nuclear power plants
1.
The upgrading and modification of a nuclear power plant refer to any temporary
or permanent change to the plant configuration, including design, structures,
systems, components, software, operating procedures, operating limits and
conditions, as well as changes to the operating organization (organizational
structure and personnel), excluding repair and replacement activities conducted
within the scope of maintenance and servicing.
2.
The management of upgrading and modification shall comply with the following
principles:
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b)
Safety-related upgrades and modifications shall be implemented in accordance
with a consistent process, including proposal, safety assessment, approval,
implementation, testing, acceptance, and updating of relevant documentation;
c)
Temporary upgrades and modifications shall be applied only for a limited
period, shall be strictly controlled, clearly marked, periodically reported,
and shall not be used as substitutes for permanent modifications;
d)
All upgrades and modifications shall ensure consistency between design,
as-built configuration, and documentation. Records of modifications shall be
complete, traceable, and controlled throughout the lifecycle of the nuclear
power plant.
3.
Responsibilities of the operating organization:
a)
Establish and maintain a program for the management of upgrades and
modifications, clearly defining responsibilities and ensuring professional
capacity for the review, approval, and supervision of all upgrades and
modifications;
b)
Classify upgrades and modifications according to safety significance; submit
dossiers to the competent authority for approval of high safety-significance
upgrades and modifications and all changes to operating limits and conditions;
c)
Perform independent safety assessments, retain complete records, and update
documents, procedures, and programs for training, advanced training, and
simulator training before placing the modifications into operation;
d)
Manage and supervise contractors involved in upgrades and modifications,
ensuring compliance with safety, security, and quality requirements.
4.
The Minister of Science and Technology of Vietnam shall elaborate on the
upgrading and modification of nuclear power plants, including procedures for
approval of safety-significant upgrades and modifications.
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OPERATIONAL
TERMINATION OF NUCLEAR POWER PLANTS
Article 43. Operational termination plans for nuclear power plants
1.
The operational termination plan for a nuclear power plant shall have a level
of detail appropriate to each stage, be considered from the design stage, and
updated throughout the nuclear power plant's lifecycle.
2.
The contents of the operational termination plan shall include:
a)
General introduction: overall description of the nuclear power plant; general
information on the licensee and licences;
b)
Description of the site and the nuclear power plant: general information on the
plant site; information on the nuclear power plant, including structures,
systems, and components; operating history, including events during operation;
radiological characteristics of the plant and surrounding areas;
interrelationships among establishments located on the same site;
c)
Decommissioning strategy: description of the overall decommissioning strategy
in cases where the site includes multiple nuclear power units; the selected
strategy and justification for its selection;
d)
Management system for operational termination and decommissioning:
organizational structure, responsibilities, and entitlements of the
establishment; safety management policy for operational termination and
decommissioning; information on involved parties; records management and
retention;
dd)
Implementation of decommissioning activities: information on implementation
phases and schedules; description of decommissioning and radiation
decontamination methods and techniques; monitoring and maintenance activities;
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g)
Financial resources: cost estimates and assessment of available financial
resources; information on financial allocation for nuclear power plant
operational termination;
h)
Radiation safety protection;
i)
Safety assessment;
k)
Radiological and radiation environmental impact assessment;
l)
Emergency response plans;
m)
Physical protection, control, and inventory of nuclear material;
n)
Site survey after decommissioning.
3.
The preliminary operational termination plan shall meet the following
requirements:
a)
Including overall assessments of operational termination based on the selected
strategy, taking into account design conditions, operating experience, the
intended final state, main decommissioning activities, and fundamental safety
issues;
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c)
Providing a basis for cost estimation of operational termination;
d)
Providing information on financial assurance mechanisms for operational
termination;
dd)
Demonstrating that the decommissioning process can be safely implemented.
4.
The Minister of Science and Technology of Vietnam shall elaborate on the
contents of operational termination plans for nuclear power plants.
Article 44. Procedures for granting licenses to terminate operation of
nuclear power plants
1.
An organization possessing a nuclear power plant shall submit 1 physical
dossier (in Vietnamese and English), together with an electronic version, for a
license to terminate the operation of the nuclear power plant, either in person
at the Ministry of Science and Technology of Vietnam or by post. In the event
of any discrepancy between the physical dossier and the electronic version, the
physical dossier shall prevail as the final legally valid version.
2.
The dossier components include:
a)
Application for a license to terminate the operation of the nuclear power plant;
b)
Operational termination plan as prescribed in
Clause 3 Article 43 of this Decree;
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d)
Documents describing the quality management system for the decommissioning
stage;
dd)
The environmental impact assessment report in accordance with the law on
environmental protection.
3.
The safety assessment report for the operational termination stage of a nuclear
power plant shall include the following contents:
a)
Overview of the operational termination plan and the final state of the nuclear
power plant under consideration;
b)
Legal basis, objectives, safety requirements, and safety criteria;
c)
Description of the nuclear power plant, activities to be carried out, hazardous
materials, and structures, systems and components related to safety;
d)
Identification and analysis of potential incident scenarios, including causes,
likelihood of occurrence, and incident consequences;
dd)
Assessment of potential consequences to humans and the environment arising from
decommissioning activities and incident scenarios;
e)
Assessment of results and identification of control measures, including
determination of limits and justification for risk reduction measures;
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h)
Summary of results and conclusions regarding the degree of compliance of the
operational termination plan with safety requirements.
4.
Appraisal procedures:
a)
Within 15 working days from the date of receipt of the dossier, the Ministry of
Science and Technology of Vietnam shall inspect its completeness and validity
and issue written notifications requesting amendment or supplementation if the
dossier is incomplete or invalid;
b)
Where foreign technical support consultants are not engaged, the Ministry of
Science and Technology of Vietnam shall take charge and cooperate with relevant
ministries, central authorities, and agencies in completing the appraisal of
the dossier for a license to terminate the operation of the nuclear power plant
within 24 months from the date of receipt of a complete and valid dossier;
c)
Where a foreign technical support consultant is engaged, the appraisal period
shall be calculated from the date of signing the consultancy contract, but
shall not exceed 24 months. The conclusion of the consultancy contract must be
completed within 6 months from the date of receipt of a complete and valid
dossier. If the contract cannot be signed within the prescribed time limit (if
any), the Minister of Science and Technology of Vietnam shall report to the
Prime Minister of Vietnam for consideration and decision on extension of the
contract conclusion period and the corresponding appraisal period.
d)
The appraisal period prescribed in Points b and c of this Clause shall not
include the time required for amendment or supplementation of the dossier as
requested by the appraisal authority;
dd)
The project owner shall complete the dossier in accordance with the appraisal
conclusions within 2 months;
e)
Within 1 month from the date of receipt of the completed dossier, the Ministry
of Science and Technology of Vietnam shall review, confirm, and grant the
license to terminate the operation of the nuclear power plant; where the
license is not granted, a written explanation specifying the reasons shall be
issued and sent to the project owner.
5.
During the appraisal process, the Ministry of Science and Technology of Vietnam
may:
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b)
Engage domestic and foreign organizations and individuals with adequate
capacity and experience as technical support consultants to perform part or all
of the appraisal activities.
6.
The Ministry of Science and Technology of Vietnam shall return the results of
the processing of the dossier for the license to terminate the operation of the
nuclear power plant to the project owner either in person at the headquarters
of the Ministry of Science and Technology of Vietnam or by post; where the
license is not granted, a written explanation specifying the reasons shall be
issued and sent to the project owner.
7.
The organization possessing the nuclear power plant shall bear all
decommissioning costs, as well as costs for the storage and treatment of
radioactive waste arising from decommissioning activities.
8.
The Ministry of Finance of Vietnam shall cooperate with the Ministry of
Industry and Trade of Vietnam, the Ministry of Science and Technology of
Vietnam, and the Ministry of Agriculture and Environment of Vietnam in
developing and submitting to the Prime Minister of Vietnam for approval the
financial obligations of the operating organization to ensure decommissioning,
and the financial management mechanism for the operational termination of the
nuclear power plant.
9.
The Minister of Science and Technology of Vietnam shall elaborate on safety
requirements for the operational termination of nuclear power plants; contents
of the safety assessment report for the operational termination stage;
procedures for approval and adjustment of decisions approving the operational
termination plan; and procedures for amending licenses to terminate the
operation of nuclear power plants.
Article 45. Responsibilities of owners and operating organizations in
operational termination
1.
Update and supplement the operational termination plan for the nuclear power
plant, prepared in previous stages.
2.
Establish a quality management system for the operational termination stage.
3.
Prepare the necessary safety assessment reports and environmental impact
assessment reports for the operational termination plan.
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5.
Manage decommissioning and carry out decommissioning activities.
6.
Establish and comply with regulations on safety, security, and environmental
protection during decommissioning.
7.
Ensure sufficient human resources for the decommissioning process.
8.
Develop plans and maintain readiness for incident response during
decommissioning.
9.
Conduct the final survey to ensure compliance with the final state criteria
specified in the operational termination plan.
10.
Ensure sufficient financial resources for all stages of the decommissioning process.
11.
Retain and submit records and documentation upon request by the Ministry of
Science and Technology of Vietnam.
Article 46. Supervision of radiation safety, nuclear safety, and nuclear
security during decommissioning of nuclear power plants
1.
The Ministry of Science and Technology of Vietnam shall assume take charge and
cooperate with relevant authorities in supervising decommissioning, radiation
decontamination, and the handling and treatment of nuclear fuel, nuclear
devices, and radioactive waste, and have the authority to request the
organization possessing the nuclear power plant to temporarily cease or suspend
decommissioning activities upon detection of factors that compromise radiation
safety, nuclear safety, or cause serious adverse impacts on the environment.
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3.
Within 30 working days from the date of receipt of the explanatory report, the
Ministry of Science and Technology of Vietnam shall conduct an appraisal and
notify the results to the organization possessing the nuclear power plant.
Continuation of decommissioning activities shall only be permitted after
obtaining written approval from the Ministry of Science and Technology of
Vietnam.
4.
The Minister of Science and Technology of Vietnam shall elaborate on the
procedures for temporary cessation/suspension and for permission to resume the
decommissioning of a nuclear power plant.
Article 47. Recognition of operational termination of nuclear power
plants
1.
The owner of the nuclear power plant shall prepare a report on the completion
of the decommissioning process and submit it to the Ministry of Science and
Technology of Vietnam.
2.
The Ministry of Science and Technology of Vietnam shall inspect the final state
of the decommissioned plant and issue a decision recognizing the nuclear power
plant as having terminated operation and relieved of responsibility for
ensuring safety.
3.
The Minister of Science and Technology of Vietnam shall elaborate on the
procedures for recognition of the operational termination of nuclear power
plants.
Chapter VI
NUCLEAR POWER PLANTS USING SMALL
MODULAR REACTOR TECHNOLOGY
Article 48. Investment guidelines for construction of nuclear power
plants using small modular reactor technology
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2.
The procedures for appraisal and decision on investment guidelines for
construction projects of nuclear power plants using SMR technology shall comply
with the law on public investment, the law on atomic energy, and other relevant
laws; the procedures for appraisal and approval of investment guidelines for
construction projects of nuclear power plants using SMR technology shall comply
with the law on investment, the law on atomic energy, and other relevant laws.
Article 49. Investment guidelines for construction of nuclear power
plants using small modular reactor technology
1.
The survey and assessment of the site for the construction of a nuclear power
plant using SMR technology shall comply with Article 14 of this Decree.
Supervision of site survey and assessment activities shall comply with Article
15 of this Decree.
2.
Approval of the site for the construction of a nuclear power plant using SMR
technology shall comply with Articles 16 through 20 of this Decree, except for
Clause 2 and Clause 3 of Article 19.
3.
Within 12 months from the date of receipt of a complete and valid dossier, the
Ministry of Science and Technology of Vietnam shall complete the appraisal of
the dossier. The procedures for site approval shall comply with Article 20 of
this Decree.
4.
The Minister of Science and Technology of Vietnam shall elaborate on the safety
requirements for site survey and assessment applicable to nuclear power plants
using SMR technology.
Article 50. Design of nuclear power plants using SMR technology
1.
The general design requirements and design principles ensuring nuclear safety
and nuclear security shall comply with Clauses 1, 2, and 3 Article 8 of this
Decree.
2.
The Minister of Science and Technology of Vietnam shall elaborate on the safety
requirements for the design of nuclear power plants using SMR technology, as
well as the requirements for physical protection systems.
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The
approval of investment projects on the construction of nuclear power plants
using SMR technology shall comply with Articles 21, 22, and 23 of this Decree.
Article 52. Construction of nuclear power plants using SMR technology
1.
The construction of a nuclear power plant using SMR technology shall comply
with Article 24 of this Decree.
2.
The project owner shall prepare and submit the dossier for a construction
permit for the nuclear power plant using SMR technology in accordance with
Article 25 of this Decree.
3.
The appraisal contents, appraisal period, and return of dossiers shall comply
with Article 26 of this Decree.
4.
The rights and obligations of the project owner during the construction and
installation, as well as the capacity requirements for organizations and
individuals involved in the construction and installation of the nuclear power
plant using SMR technology, shall comply with Articles 27 and 28 of this Decree.
5.
Safety supervision and inspection during the construction, fabrication, and
installation of the nuclear power plant using SMR technology shall comply with
Article 29 of this Decree.
6.
The Minister of Science and Technology of Vietnam shall elaborate on radiation
safety and nuclear safety requirements applicable to the construction of
nuclear power plants using SMR technology.
Article 53. Trial operation and operation of nuclear power plants using
SMR technology
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2.
Operation of nuclear power plants using SMR technology shall comply with
Articles 35 through 42 of this Decree.
3.
The Minister of Science and Technology of Vietnam shall elaborate on:
a)
Safety requirements for trial operation; the contents of the trial operation
program; and the report on trial operation results of nuclear power plants
using SMR technology;
b)
Safety requirements for the operation of nuclear power plants using SMR
technology.
Article 54. Operational termination of nuclear power plants using SMR
technology
1.
An organization possessing a nuclear power plant using SMR technology shall:
a)
Develop a plan for operational termination in accordance with Article 43 of
this Decree, appropriate to the scale, purpose, and technical characteristics
of the nuclear power plant using SMR technology;
b)
Prepare and submit the dossier for operational termination to the Ministry of
Science and Technology of Vietnam in accordance with Article 44 of this Decree;
c)
Comply with Article 45 of this Decree.
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3.
The recognition of operational termination of the nuclear power plant using SMR
technology shall comply with Article 47 of this Decree.
4.
The Minister of Science and Technology of Vietnam shall elaborate on:
a)
Safety requirements for operational termination of nuclear power plants using
SMR technology;
b)
The contents of the operational termination plan;
c)
The contents of the safety assessment report for the operational termination
stage of nuclear power plants using SMR technology.
Chapter VII
RESEARCH REACTORS
Article 55. Investment guidelines for construction of research reactors
1.
The project owner shall prepare the dossier for a decision on, or approval of,
the investment guidelines for the construction project of a research reactor,
in accordance with Clause 1, Article 12 of this Decree.
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a)
Expected investment scale: capacity, construction area, and related work items.
b)
Expected construction site; preliminary assessment of site conformity,
including: faults, earthquakes, volcanoes; geotechnical conditions and
foundations; extreme meteorological conditions; flooding; impacts on the
research reactor caused by human activities; radiation impacts on the
residential communities; cooling water sources and power supply for reactor
operation.
c)
Preliminary assessment of radiation impacts, identification of types of
radioactive waste generated, forecast of release levels under operating
conditions and in the event of accidents based on project scale, technology,
and site; identification of environmentally sensitive factors within the
radiation impact area; and development of environmental impact mitigation
measures;
d)
Preliminary analysis and selection of technology and technical parameters;
issues related to radiation safety, nuclear safety, and nuclear security;
response to radiation incidents and nuclear incidents; management of
radioactive waste and spent nuclear fuel; fire and explosion prevention;
security and national defense;
Preliminary
design, including explanatory documents and drawings of the construction
location, general layout, items important to safety, and technological lines,
including: determination of design input parameters for earthquake-related
design in design bases, maximum flood levels, and extreme meteorological
values; proposal of a preliminary configuration of the research reactor
suitable for the site and the emergency planning zone;
e)
Plans for assuring resources for radiation safety and nuclear safety;
g)
Recommendations, if any, during consideration and decision on the investment
guidelines for the research reactor.
3.
The procedures for appraisal and decision on investment guidelines for
construction projects of research reactors shall comply with the law on public
investment, the law on atomic energy, and other relevant laws; the procedures
for appraisal and approval of investment guidelines for construction projects
of research reactors shall comply with the law on investment, the law on atomic
energy, and other relevant laws.
Article 56. Research reactor construction sites
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1.
Site survey and site assessment shall comply with Article 14 of this Decree.
Supervision of site survey and site assessment activities shall comply with
Article 15 of this Decree.
2.
The overview report on site selection shall comply with Article 16, excluding
Point h Clause 1, of this Decree;
3.
The dossier for site approval shall comply with Article 17, excluding Point g
Clause 2, of this Decree.
4.
The contents of the site appraisal shall comply with Article 18 of this Decree.
5.
The procedures for appraising the dossier for site approval shall comply with
Article 19 of this Decree, except that the appraisal period shall not exceed 12
months.
6.
The Minister of Science and Technology of Vietnam shall approve or issue a
decision refusing to approve the site for the construction of a research
reactor.
7.
The validity period of the decision approving the site shall be 20 years. It
may be adjusted in the event of significant changes that affect safety, the
environment, or other critical factors.
8.
The Ministry of Science and Technology of Vietnam shall return the results of
the processing of the dossier for approval of the research reactor construction
site to the project owner as follows:
a)
Where the dossier is approved, the Ministry of Science and Technology of
Vietnam shall send a written notification enclosed with the Decision of the
Minister of Science and Technology of Vietnam approving the research reactor
construction site to the project owner;
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c)
The return of results shall be conducted in person at the headquarters of the
Ministry of Science and Technology of Vietnam or by post.
9.
The Minister of Science and Technology of Vietnam shall elaborate on the safety
requirements for site survey and site assessment, as well as the procedures for
adjusting the decision approving the research reactor construction site.
Article 57. Design of research reactors
1.
The design of a research reactor shall comply with Clauses 1, 2, and 3 Article
8 of this Decree.
2.
The Minister of Science and Technology of Vietnam shall elaborate on the
contents and procedures for preparing, appraising, and approving the
construction design of a research reactor.
Article 58. Approval of research reactor construction projects
The
approval of a research reactor construction project shall comply with Articles
21, 22, and 23 of this Decree.
Article 59. Construction of reactor constructions
1.
The construction of a research reactor shall comply with the requirements
prescribed in Article 24 of this Decree.
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3.
The contents of appraisal and procedures for appraisal and return of dossiers
and results shall comply with Article 26, excluding Point b Clause 3, of this
Decree.
4.
The rights and obligations of the project owner during the construction and
installation, as well as the capacity requirements for organizations and
individuals involved in the construction and installation of the research
reactor, shall comply with Articles 27 and 28 of this Decree.
5.
Supervision of radiation safety, nuclear safety, and nuclear security during
the construction, fabrication, and installation of the research reactor shall
comply with Article 29 of this Decree.
Article 60. Trial operation of research reactors
1.
General requirements for the trial operation of a research reactor shall comply
with Article 30, excluding Points h and k Clause 3, of this Decree.
2.
The grant of a trial operation license shall comply with Articles 31 and 32 of
this Decree.
3.
Supervision of radiation safety, nuclear safety, and nuclear security during
the trial operation of the research reactor shall comply with Article 33 of
this Decree.
4.
The responsibilities of the project owner and the operating organization during
the trial operation of the research reactor shall comply with Article 34 of
this Decree.
5.
The Minister of Science and Technology of Vietnam shall elaborate on the
nuclear safety requirements for trial operation; the contents of the trial
operation program; the report on the trial operation results of the research
reactor; the procedures for adjusting the trial operation program, amending and
renewing the trial operation license; and permission to continue the trial
operation after a suspension.
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1.
Requirements for the operation of a research reactor shall comply with Article
35 of this Decree.
2.
The grant of an operating license for a research reactor shall comply with
Article 36 of this Decree.
3.
Environmental radiation monitoring and supervision of research reactor safety
shall comply with Articles 38 and 41 of this Decree.
4.
The head of the research reactor shall comply with Clause 1 Article 37 of this
Decree.
5.
The operating organization of the research reactor shall comply with Clause 2
Article 37, Article 39, and Article 40 of this Decree.
6.
Upgrading and modification of the research reactor shall comply with Article 42
of this Decree.
7.
Utilization of the research reactor shall comply with the following principles:
a)
During reactor utilization, ensuring that any change, installation, removal, or
experiment that may affect safety is be controlled, reviewed, and approved by
the operating organization, and fully updated in the operating records and the
safety documentation of the reactor; any change, installation, removal, or
experiment that may seriously affect nuclear safety is approved by the Ministry
of Science and Technology of Vietnam;
b)
Ensuring the maintenance of the safe state of the reactor, and ensuring that
structures, systems, and components important to safety operate within approved
operating limits and conditions;
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d)
Ensuring that reactor utilization activities do not alter or degrade the safety
functions of the reactor;
dd)
Ensuring that the safety assessment, approval, and supervision of reactor
utilization activities are conducted using a graded approach, appropriate to
the level of safety impact of each activity.
8.
Requirements in cases of long-term shutdown of a research reactor:
a)
Where there is a plan for long-term shutdown of a research reactor, the
operating organization shall prepare and submit a long-term shutdown plan to
the Ministry of Science and Technology of Vietnam for review and approval;
b)
The contents of the long-term shutdown plan shall include: a list of systems
and devices; changes to operating limits and conditions; personnel requirements
during the extended shutdown period; periodic testing and maintenance requirements;
procedures for revision of technical drawings, procedures, and instructions;
and these contents shall be updated in the safety analysis report;
c)
The national authority for radiation and nuclear safety shall regularly inspect
the status of the research reactor, ensuring compliance with the approved
long-term shutdown plan.
9.
The Minister of Science and Technology of Vietnam shall elaborate on:
a)
Radiation safety and nuclear safety requirements for research reactor
utilization activities;
b)
Radiation safety and nuclear safety requirements for the operation of research
reactors;
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Article 62. Operational termination of research reactors
1.
An organization possessing a research reactor shall:
a)
Develop a plan for operational termination in accordance with Article 43 of
this Decree, appropriate to the scale, purpose, and technical characteristics
of the research reactor;
b)
Prepare and submit the dossier for operational termination to the Ministry of
Science and Technology of Vietnam for appraisal and licensing in accordance
with Article 44 of this Decree;
c)
Comply with Article 45 of this Decree.
2.
The responsibility for safety supervision during operational termination of the
research reactor shall comply with Article 46 of this Decree.
3.
The recognition of operational termination of the research reactor shall comply
with Article 47 of this Decree.
4.
The Minister of Science and Technology of Vietnam shall elaborate on:
a)
Safety requirements for operational termination of research reactors;
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c)
The contents of the safety assessment report for the operational termination
stage of research reactors;
d)
The procedures for adjustment of the termination plan, and permission to
continue decommissioning after temporary cessation or suspension.
Chapter VIII
RESPONSIBILITIES
OF MINISTRIES, CENTRAL AUTHORITIES, AND LOCAL AUTHORITIES
Article 63. General principles
1.
Ministries, central authorities, local authorities, and relevant agencies shall
closely, promptly, and effectively cooperate in the performance of their
assigned tasks to ensure radiation safety, nuclear safety, and nuclear security
throughout the entire lifecycle of nuclear power plants and research reactors.
2.
Ministries and ministerial agencies shall, within the scope of their assigned
state management functions, organize the development, promulgation, or
recognition of standards and technical regulations, and provide guidelines on
their application to nuclear power plants and research reactors.
Article 64. Responsibilities of Ministry of Science and Technology of
Vietnam
1.
Take charge of the organization of the appraisal of the feasibility study
report for investment in the construction of a research reactor.
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3.
Carry out international cooperation in ensuring safety, security, and incident
response; negotiate and conclude international treaties and cooperation
agreements with foreign partners in this field in accordance with the
assignments of the Government of Vietnam.
4.
Provide specific guidelines on the list, management, use, and utilization of
records and documentation related to research reactors, in conformity with the
law on archives.
5.
Stipulate templates and forms for use in site approval, construction licensing,
trial operation, operation, and operational termination of nuclear power plants
and research reactors.
6.
Elaborate on the management of radiation safety, nuclear safety, and nuclear
security for nuclear power plants using advanced technologies deployed for the
first time within the territory of Vietnam.
7.
Perform other tasks as prescribed by relevant laws.
Article 65. Responsibilities of Ministry of Industry and Trade of
Vietnam
1.
Develop and submit to the competent authority for promulgation, or promulgate
within its jurisdiction, mechanisms and policies to support the development of
nuclear power.
2.
Carry out international cooperation in the field of nuclear power development,
and negotiate and conclude international treaties and cooperation agreements
with foreign partners in this field, in accordance with the Government of
Vietnam's assignments.
3.
Inspect and supervise power supply operations, ensuring grid stability when
nuclear power plants generate power, particularly in incident or accident
situations.
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5.
Take charge and cooperate with the Ministry of Science and Technology of
Vietnam in providing specific guidelines on lists and detailed regulations on
the management, use, and utilization of records and documentation related to
nuclear power plants, in accordance with the law on archives.
6.
Perform other tasks as prescribed by relevant laws.
Article 66. Responsibilities of Ministry of Construction of Vietnam
1.
Inspect and supervise the application of standards, technical regulations, and
foreign technical regulations applied to construction activities of projects on
nuclear power plants and research reactors, within its scope of assigned state
management functions.
2.
Direct and inspect its specialized construction affiliates in organizing the
appraisal of feasibility study reports for construction investment,
technical-economic reports for construction investment, and construction
designs implemented after the basis design of projects and works in the nuclear
science and technology sector.
3.
Provide guidelines on the management of construction investment costs for
nuclear power plants, in accordance with the construction law and other
relevant laws.
4.
Review, update, and improve the regulatory framework to ensure a complete and
coherent legal corridor for construction activities within its management
function.
5.
Perform other tasks as prescribed by relevant laws.
Article 67. Responsibilities of Ministry of Public Security of Vietnam
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2.
Supervise, inspect, and examine compliance with regulations related to fire
prevention and firefighting, anti-terrorism, protection of works important to
national security, and protection of state secrets.
3.
Perform other tasks as prescribed by relevant laws.
Article 68. Responsibilities of Ministry of Agriculture and Environment
of Vietnam
1.
Inspect and supervise the application of standards, technical regulations,
foreign technical regulations, and compliance with the environmental protection
law for nuclear power plant projects and research reactors.
2.
Take charge and cooperate with the Ministry of Science and Technology of
Vietnam in inspecting and supervising environmental monitoring in areas
surrounding nuclear power plants and research reactors during construction and
operation, excluding environmental radiation monitoring.
3.
Perform other tasks as prescribed by relevant laws.
Article 69. Responsibilities of Ministry of National Defense of Vietnam
1.
Appraise contents related to national defense assurance for projects on nuclear
power plants and research reactors.
2.
Cooperate in appraising security assurance plans for nuclear power plants and
research reactors.
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4.
Cooperate with ministries and relevant agencies in the implementation of
emergency response in the event of a nuclear incident exceeding the provincial
level.
5.
Organize training and drills on civil defense for defense forces participating
in the response to radiation incidents and nuclear incidents.
6.
Perform other tasks as prescribed by relevant laws.
Article 70. Responsibilities of Ministry of Finance of Vietnam
1.
Cooperate with ministries and relevant agencies in appraising pre-feasibility
study reports and feasibility study reports, in accordance with the law on
public investment, the law on investment, the law on atomic energy, and other
relevant laws.
2.
Perform other tasks as prescribed by relevant laws.
Article 71. Responsibilities of provincial People’s Committees where
nuclear power plants or research reactors are located
1.
Organize land clearance and supervise land use in accordance with approved
purposes and plans.
2.
Cooperate in ensuring security, public order, safety, environmental protection,
and fire prevention and firefighting in their areas.
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4.
Conduct cooperation with the project owner, operating organization, and
relevant units, to ensure the preparation and implementation of population
relocation and evacuation plans, where necessary.
5.
Perform other tasks as prescribed by relevant laws.
Chapter IX
IMPLEMENTATION
Article 72. Entry into force
1.
This Decree comes into force as of January 1, 2026.
2.
If any of the legislative documents cited for application in this Decree is
amended, supplemented, or replaced, comply with its new edition.
3.
Decree No. 70/2010/ND-CP dated June 22, 2010 shall cease to have effect from
the effective date of this Decree.
Article 73. Implementation responsibilities
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Article 74. Transitional provisions
1.
Research reactors that have been constructed and are in operation before the
effective date of this Decree may continue their operation under the licenses
already granted; any license renewal, adjustment, reissuance, or newly arising
activities shall comply with this Decree.
2.
Nuclear power plant construction projects and research reactor construction
projects whose investment guidelines have been approved before the effective
date of this Decree may continue implementation in accordance with such
approval documents.
3.
Article 15 of this Decree shall not apply to site survey and site assessment
activities conducted before the effective date of this Decree.
4.
Relevant ministries, central authorities, and provincial People’s Committees
shall be responsible for guiding and organizing the implementation of Clauses
1, 2, and 3 of this Article, ensuring continuity of activities, radiation
safety, nuclear safety, and nuclear security.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Chi Dung