Bộ Ngoại giao trân trọng gửi bản sao Hiệp định ký
ngày 09 tháng 12 năm 2016 nêu trên theo quy định tại Điều 59
của Luật Điều ước quốc tế năm 2016./.
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
REPUBLIC OF INDIA ON COOPERATION IN THE PEACEFUL USES OF ATOMIC ENERGY
The Government of the Socialist Republic of Viet Nam
(hereinafter referred to as "Viet Nam") and Government of the
Republic of India (hereinafter referred to as "India"), both
hereinafter referred to as the "Parties";
RECALLING the beneficial cooperation and
exchanges under the Agreement on Cooperation between the Government of the
Socialist Republic of Viet Nam and the Government of the Republic of India for
Cooperation for the Utilization of Atomic Energy for Peaceful Purposes
(March 25, 1986);
DESIRING to renew and develop deeper
mutually beneficial economic, scientific and technical cooperation for the
peaceful uses of atomic energy;
WHEREAS the Parties are Members of the
International Atomic Energy Agency (hereinafter referred to as "the
IAEA") and affirm their commitment to support the objectives and act in
full conformity with Agreements entered into with the IAEA in the pursuit of
cooperative endeavours aforementioned;
RECOGNIZING that India has concluded the "Agreement
between the Government of India and the International Atomic Energy Agency for
the Application of Safeguards to Civilian Nuclear Facilities" (INFCIRC/754)
done at Vienna on 2 February 2009 and the Protocol additional to the said
Agreement, done at Vienna on 15 May 2009 (INFCIRC/754/Add.6);
RECOGNIZING that Viet Nam has concluded the "Agreement
of 2 October 1989 between the Socialist Republic of Viet Nam and the
International Atomic Energy Agency for the Application of Safeguards in
connection with the Treaty on the Non-Proliferation of Nuclear Weapons" (INFCIRC/376)
done at Vienna on 2 October 1989 and the Protocol additional to the said
Agreement, done at Vienna on 10 August 2007 (INFCIRC/376/Add.1);
RECALLING the Statute of the IAEA and
Convention on Early Notification of a Nuclear Accident (1986), the Convention
on Assistance in the Case of a Nuclear Accident or Radiological Emergency
(1986), the Convention on Physical Protection of Nuclear Material (1987) and
the Convention on Nuclear Safety (1994) and adopted in the IAEA and to which
both Viet Nam and India are parties to;
MINDFUL that international cooperation in
the field of atomic energy for peaceful purposes can play a crucial role in
augmenting the contribution of non-fossil fuel sources of energy and thus
sustainable development, especially for developing countries;
NOTING the commitment of both Parties to
achieve the highest standards of radiation and nuclear safety based on
scientific approaches and best practices in order to ensure that the use of
radiation and atomic energy in all its applications is safe for the health of radiation
workers, members of public and the environment;
DESIRING in the interest of the Parties to
develop such cooperation on the basis of mutual respect for sovereignty,
non-interference in each other's internal affairs, equality, mutual benefit,
reciprocity, with due respect for each other's nuclear programmes and in
accordance with the principles governing the respective nuclear policies and
the respective international obligations;
HAVE AGREED AS FOLLOWS:
ARTICLE
1
DEFINITIONS
For the purposes of this Agreement:
(a) "Component" means a component part of
equipment, or other item so designated by the Parties or as included in the
Annex to this Agreement;
(b) "Development" refers to all stages
prior to "Production" such as design, design research, design analysis,
design concepts, assembly and testing of prototypes, pilot production schemes,
design data, process of transforming design data into a product, configuration
design, integration design, layouts;
(c) "Equipment" means any equipment in
nuclear operation including nuclear reactor, nuclear pressure vessel, reactor
fuel charging and discharging equipment, reactor control rods, reactor pressure
tubes, reactor primary coolant pumps, ziconium tubing, nuclear reactor
internals, equipments for fuel fabrication and any other item as determined by
the Parties as per the national control lists or as included in the Annex to
this Agreement;
(d) "In the public domain" as it applies
herein, means technology that has been made available without restrictions upon
its further dissemination;
(e) "Information" means any information
that is not in public domain and is transferred in any form pursuant to this
Agreement and is so designated and documented in hard copy or digital form by
agreement of the Parties that it shall be subject to this Agreement, but will
cease to be information whenever the Party transferring the information or any
Third Party legitimately releases it in public domain;
(f) "Intellectual Property" means
intellectual property rights as provided in Article 1 of the Agreement on
Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement);
(g) "Items" subject to this Agreement
mean:
(i) nuclear material, non-nuclear material,
equipment, components and technology transferred between the Parties whether
directly or through a third country;
(ii) equipment produced by the application of
technology so transferred;
(iii) nuclear material and non-nuclear material
that is produced or processed by the use of any equipment, components or
technology subject to this Agreement; and
(iv) nuclear material that is produced or processed
by the use of any nuclear material or non-material subject to this Agreement;
(h) "Non-nuclear Material" means material
listed in the Annex to this Agreement, or as amended from time to time by
mutual determination in writing bv the Parties;
(i) "Nuclear Material" means any
"source material" or "special fissionable material” as those
terms are defined in Article XX of the Statute of the IAEA;
(j) "Person" shall mean any natural person
or legal entity;
(k) "Production" means all production
phases such as construction, production engineering, manufacture, integration,
assembly (mounting) inspection, testing, and quality assurance;
(l) "Technology" means the specific
information necessary for the "development", "production"
or "use" of items such as material, nuclear material, component and
equipment with the exception of data "in the public domain" or of
"basic scientific research";
(m) "Use" means operation, installation
(including on-site installation), maintenance, repairs, overhaul and
refurbishing.
ARTICLE
2
SCOPE
OF COOPERATION
1. The Parties shall develop cooperation in the use
of atomic energy for peaceful purposes as per the provisions of this Agreement.
2. The Parties hereby agree to pursue cooperation
in the following areas:
a. Transfer and exchange of knowledge, expertise
& technology as appropriate, research & development, consultancy
services, sharing of resources & experience and capacity building, in
various aspects of peaceful uses of atomic energy;
b. Technical training & education related to
various aspects of peaceful uses of atomic energy, including nuclear technology
research and applications, nuclear safety, nuclear security, safeguards and
non-proliferation;
c. Basic and applied research in the peaceful uses
of nuclear technology including nuclear physics, reactor physics, neutron
physics and reactor engineering, research reactors, accelerators, nuclear
physics experiments using accelerators, applications of nuclear physics in
different fields of life sciences and technology of isotope and radiation
applications;
d. Front end of the nuclear fuel cycle including
mineral exploration, prospecting, mining, processing and refining; conversion
to nuclear fuel;
e. Study, development, construction, operation,
refurbishment, maintenance; and decommissioning of nuclear power plants;
f. Supply and manufacture of components, equipment,
nuclear material or non-nuclear material for use in nuclear power plants;
g. Supply of radioactive sources for civil use;
h. Exchange of operational and maintenance
experiences between utilities;
i. Research, production and application of
radioisotopes and radiation in industry, medicine, agriculture, water
management and the environment;
j. Treatment and management of radioactive wastes;
k. Nuclear safety, radiation safety, inspection
programmes, nuclear and radiological disaster mitigation, radiation monitoring
and environmental protection and other relevant safety aspects related to
nuclear facilities through cooperation between regulatory authorities and
relevant organizations;
l. Following best practices in minimizing the
impact on public health and environment from any radioactive or other
contamination arising from peaceful nuclear activities under this Agreement;
m. Cooperation in the use of radiation for cleaning
municipal and domestic waste (dry Sludge Hygienisation Technology and Nisarguna
Technology);
n. Safe, secure, sustainable and safeguarded use of
civil nuclear energy including related regulatory and technological
advancements;
o. Development of legal documents, standards and
regulations in the fields of the peaceful uses of atomic energy;
p. Such other areas of cooperation as are mutually
agreed upon by the Parties in writing.
ARTICLE
3
FORMS
OF COOPERATION
1. The cooperation agreed upon under Article 2 may
be carried out in the following forms:
a. Development and implementation of joint
programmes;
b. Establishment of bilateral working groups for implementation
of specific projects and scientific research;
c. Organisation of meetings, workshops, symposia
and short term schools;
d. Participation in each other’s relevant
exhibitions/expositions, conferences and mutual expert level visits;
e. Consultations on scientific and technological
issues, human resource development, nuclear knowledge management, exchange of
scientific and technical information and documentation;
f. Education and training of scientific, technical
and management personnel;
g. Exchange of experts, scientists, engineers and
academic personnel;
h. Joint studies and research and /or development
projects;
i. Exchange of unclassified scientific &
technical publications and reports on research & development work, carried
out for the utilisation of atomic energy for peaceful purposes, except for
information which either party is not free to exchange, inter alia, because it
has been obtained from or developed in collaboration with a third party;
j. Provision of relevant technical assistance,
supply of components, equipments, nuclear material, non-nuclear material or
services related to nuclear power programmes;
k. Developing and executing nuclear power projects;
l. Other forms of cooperation determined by the
Parties by amending and supplementing this Agreement.
2. The Parties shall exchange scientific &
technical personnel as well as equipment, samples and materials necessary for
the implementation of cooperative programme under this Agreement in areas
specified in Article I, for such periods of time as may be mutually agreed
upon.
ARTICLE
4
LEGAL
IMPLEMENTATION
1. Cooperation in a specific field or project
pursuant to this Agreement may be carried out by virtue of a written
arrangement between the Parties, the designated authorities, or legal entities
authorised by the designated authorities.
2. These written arrangements shall conform to the
Parties respective national legislations, regulations and international
obligations to which both sides are parties and may include provisions dealing
with intellectual property rights protection where such rights exist or arise.
ARTICLE
5
JOINT
COMMITTEE
1. The Parties shall, immediately upon the entry
into force of this Agreement, establish a Joint Committee to identify the
specific projects in relation to the areas of cooperation set out in Article 2
to be implemented by the Parties in terms of this Agreement and to monitor the
implementation progress of projects so defined.
2. The Joint Committee shall comprise the
designated authorities of the Parties. For the Socialist Republic of Viet Nam,
the designated authority shall be the Viet Nam Atomic Energy Institute of the
Ministry of Science and Technology and for India, the designated authority
shall be the Nuclear Controls and Planning Wing of the Department of Atomic
Energy.
3. Meeting of the Joint Committee shall be held on
dates and at venues mutually agreed upon by the Parties.
ARTICLE
6
FINANCE
Cost sharing between both Parties for cooperative
activities stated in this Agreement shall be mutually agreed upon based on
specific projects, programs or other activities implemented in accordance with
this Agreement.
ARTICLE
7
PEACEFUL
USES
The Parties shall ensure that nuclear material,
non-nuclear material, radiological material, components, equipment and technology
exchanged under this Agreement as well as nuclear material and technologies
produced through the use of such nuclear materials, non-nuclear materials,
components, equipments and technologies shall not be used for the manufacture
of nuclear weapons or other nuclear explosive devices or for any military
purposes.
ARTICLE
8
IAEA
SAFEGUARDS
1. Each Party shall maintain IAEA safeguards with
respect to nuclear material, non-nuclear material, equipment and components
transferred pursuant to this Agreement in accordance with their respective
Safeguards Agreements with the IAEA. Such safeguards shall also be maintained
with respect to all special fissionable material used in or produced through
the use of such nuclear material, non-nuclear material, equipment and
components.
2. With regard to items transferred to India, they
will remain subject to IAEA safeguards in accordance with the "Agreement
between the Government of India and the International Atomic Energy Agency for
the Application of Safeguards to Civilian Nuclear Facilities",
contained in the document published by the Agency as INFCIRC/754, as
supplemented by a Protocol additional to the said Agreement, done at Vienna on
15 May 2009 and contained in the document published by the Agency as INFCIRC/754/Add.6.
3. Where items subject to this Agreement are within
the territory of Viet Nam, under its jurisdiction or under its control
anywhere, they shall remain subject to IAEA safeguards in accordance with the "Agreement
of 2 October 1989 between the Socialist Republic of Viet Nam and the
International Atomic Energy Agency for the Application of Safeguards in
connection with the Treaty on the Non-Proliferation of Nuclear Weapons"
(INFCIRC/376) done at Vienna on 2 October 1989 and the Protocol additional to
the said Agreement, done at Vienna on 10 August 2007 and contained in the
document published by the Agency as INFCIRC/376/Add.1.
Article
9
PHYSICAL
PROTECTION
1. Each Party shall ensure that all nuclear material,
non-nuclear material, radioactive material, components, equipment and
technology thereof, as are produced, used, exchanged or dealt with in any other
manner for any purpose whatsoever, in pursuance of any project implemented or
any form of cooperation pursued in terms of this Agreement, is protected in
compliance with applicable standards and guidelines set by the IAEA, from time
to time, by the Party in whose jurisdiction the specified item is located at
any given time.
2. In addition to its obligations under the
Convention on the Physical Protection of Nuclear Material, done at Vienna in 3
March 1980 and as amended and in force for each Party from time to time, each
Party shall apply the recommendations of IAEA document INFCIRC/225/Rev.5
entitled, "Nuclear Security Recommendations on Physical Protection of
Nuclear Material and Nuclear Facilities". Any alteration to or
replacement of the document INFCIRC/225/Rev.5 shall have effect under this
Agreement only when the Parties have informed each other in writing through
diplomatic channels that they accept such an alteration or replacement.
ARTICLE
10
RETURN OF SPENT FUEL
Modalities for the return of spent fuel from any
reactor built by the Indian side in Viet Nam would be established by the
Parties through a separate Protocol to this Agreement.
ARTICLE
11
RETRANSFERS
1. Items subject to this Agreement shall not be
transferred beyond the territory, jurisdiction or control of the recipient
Party without the prior written consent of the supplier Party, except in
accordance with this Article.
2. Items subject to this Agreement shall not be
transferred by the recipient Party to a third country except when the recipient
Party has obtained assurances from the third country of peaceful use, of
implementation of the Agency's safeguards and of adequate measures of physical
protection comparable to Article 9 of this Agreement. All such transfers shall
be subject to the respective national legislation and regulations of the
Parties.
3. The Parties shall exchange and keep up to date
lists of third countries to which transfers by the other Party pursuant to
paragraph 1 of this Article are authorised and the nuclear fuel cycle processes
that may apply in each third Country to the nuclear material transferred.
4. The designated authority of the recipient Party
shall promptly notify the designated authority of the supplier Party of
transfers by the recipient Party pursuant to paragraph 1 of this Article.
ARTICLE
12
INTELLECTUAL PROPERTY RIGHTS
1. The Parties shall, in accordance with the
applicable domestic laws of the country and related international agreements to
which both Parties are party, ensure the effective protection of rights to
intellectual property generated through projects implemented in terms of this
Agreement and such rights shall not be transferred to a third party without the
express written approval of both Parties.
2. Intellectual property rights of any Party in
respect of information or technologies shared, utilized or transferred in
pursuance of any project under this Agreement, shall remain with that Party.
ARTICLE
13
PROTECTION OF INFORMATION AND CONFIDENTIALITY
The Parties shall, in relation to information
shared, pursuant to cooperation under this Agreement, ensure that:
a. Information which is required to be maintained
as confidential in terms of the applicable domestic laws of either of the
Parties, is not disclosed to any person and is maintained as confidential at
all times;
b. Sensitive or confidential information is clearly
defined and marked as such by either Party and is handled in such manner as is
authorized by that Party;
c. Information transferred by one Party to the
other is not divulged to a third party without the express and written consent
of the transferring Party.
ARTICLE
14
AMENDMENTS
This Agreement may be amended with the mutual
consent of the Parties in writing.
ARTICLE
15
SETTLEMENT OF DISPUTES
Any dispute that may arise in the interpretation
and implementation of this Agreement shall be settled amicably through
discussion and negotiation by the Parties.
ARTICLE
16
ENTRY INTO FORCE, DURATION AND TERMINATION
1. This Agreement shall enter into force on the
date of receipt of the last notification whereby the Parties notify each other
in writing, through the diplomatic channel that their respective internal legal
procedures required for its entry into force have been completed. Upon the
entry into force of this Agreement, it shall also supercede the Agreement on
Cooperation between the Government of the Socialist Republic of Viet Nam and
the Government of the Republic of India for Cooperation for the Utilization of
Atomic Energy for Peaceful Purposes (March 25, 1986). Any form of existing
cooperation initiated under the latter Agreement would be governed by the terms
and provisions of this Agreement.
2. This Agreement shall remain in force for a
period of Forty (40) Years unless previously terminated by either party by
giving Twelve (12) months notice to the other Party of its intention to so
terminate.
3. Upon the expiry of the Forty (40) years, the
Agreement shall continue to be in force for another period of Twenty (20) years
unless a notice for termination is given by either Party Twelve (12) months in
advance to the other Party of its intention to so terminate.
4. The termination of this Agreement with effect
from any date shall not affect projects that are ongoing as at that date nor
shall it affect the obligations assumed under Articles 5, 7, 8, 9, 10, 11, 12
& 13 of this Agreement.
5. Any notifications required to be given under
this Article shall be communicated through diplomatic channels.
IN WITNESS WHEREOF, the undersigned being duly
authorized by their respective Governments sign this Agreement.
Done at New Delhi, India on December 09th 2016,
in two originals in English.
|
For the Government of the
Socialist Republic of Viet Nam
Signature:
Name: Dr. Pham Cong Tac
Title: Deputy Minister of
Science and Technology
|
For the Government of the
Republic of India
Signature:
Name: Dr. Sekhar Basu
Title: Secretary
Department of Atomic Energy
|
ANNEX
1. Nuclear Reactors and Equipment for Reactors
1.1 Complete nuclear reactors: Nuclear
reactors capable of operation so as to maintain a controlled self- sustaining
fission chain reaction.
1.2 Reactor pressure vessels: Metal vessels,
as complete units or as major shop-fabricated parts therefor, which are
especially designed or prepared to contain the core of a nuclear reactor as
defined in paragraph 1.1 above and are capable of withstanding the operating
pressure of the primary coolant.
1.3 Reactor fuel charging and discharging
machines: Manipulative equipment especially designed or prepared for
inserting or removing fuel in a nuclear reactor as defined in paragraph 1.1
above capable of on-load operation or employing technically sophisticated
positioning or alignment features to allow complex off-load fuelling operations
such as those in which direct viewing of or access to the fuel is not normally
available.
1.4 Reactor control rods: Rods especially
designed or prepared for the control of the reaction rate in a nuclear reactor
as defined in paragraph 1.1 above.
1.5 Reactor pressure tubes: Tubes which are
especially designed or prepared to contain fuel elements and the primary
coolant in a reactor as defined in paragraph 1.1 above at an operating pressure
in excess of 5.1 MPa.
1.6 Zirconium tubes: Zirconium metal and
alloys in the form of tubes or assemblies of tubes, and in quantities exceeding
500 kg in any period of 12 months, especially designed or prepared for use in a
reactor as defined in paragraph 1.1 above, and in which the relation of hafnium
to zirconium is less than 1:500 parts by weight.
1.7 Primary coolant pumps: Pumps especially
designed or prepared for circulating the primary coolant for nuclear reactors
as defined in paragraph 1.1 above.
1.8 Nuclear reactor internals: Support
columns and plates for the core and other vessel internals, control rod guide
tubes, thermal shields, baffles, core grid plates, diffuser plates etc.
2 Non-nuclear materials for reactors:
2.1 Deuterium and heavy water: Deuterium,
heavy water (deuterium oxide) and any other deuterium compound in which the
ratio of deuterium to hydrogen atoms exceeds 1:5000 for use in a nuclear
reactor as defined in paragraph 1.1 above in quantities exceeding 200 kg of
deuterium atoms in any period of 12 months.
2.2 Nuclear grade graphite: Graphite having
a purity level better than 5 parts per million boron equivalent and with a
density greater than 1.50 g/cm3 for use in a nuclear reactor as
defined in paragraph 1.1 above in quantities exceeding 30 metric tons in any
period of 12 months.
3 Plants for the reprocessing of irradiated
fuel elements, and equipment especially designed or prepared therefor.
4 Plants for the fabrication of fuel
elements, and equipment especially designed or prepared therefor.
5 Plants for the separation of isotopes of
natural uranium, depleted uranium or special fissionable material and
equipment, other than analytical instruments, especially designed or prepared
therefor.
6 Plants for the production or concentration
of heavy water, deuterium and deuterium compounds and equipment especially
designed or prepared therefor.
7 Plants for the conversion of uranium and
plutonium and equipment especially designed or prepared therefor.