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BỘ
NGOẠI GIAO
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CỘNG
HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
07/2012/TB-LPQT
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Hà
Nội, ngày 09 tháng 02 năm 2012
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại khoản 3 Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc
tế năm 2005, Bộ Ngoại giao trân trọng thông báo:
Hiệp định giữa Chính phủ nước
Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về hợp tác phát triển
và sử dụng năng lượng hạt nhân vì mục đích hòa bình, ký tại Hà Nội ngày 20
tháng 01 năm 2011, có hiệu lực kể từ ngày 21 tháng 01 năm 2012.
Bộ Ngoại giao trân trọng gửi
Bản sao Hiệp định theo quy định tại Điều 68 của Luật nêu
trên./.
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TL.
BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Nguyễn Thị Hoàng Anh
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AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND THE GOVERNMENT OF JAPAN FOR COOPERATION IN THE DEVELOPMENT AND PEACEFUL
USES OF NUCLEAR ENERGY
The Government of the Socialist
Republic of Viet Nam and the Government of Japan (hereinafter referred to as
"the Parties");
Considering chat both the
Socialist Republic of Viet Nam and Japan are parties to the Treaty on the
Non-Proliferation of Nuclear Weapons, done on July 1, 1968;
Recognizing that both the
Socialist Republic of Viet Nam and Japan are members of the International
Atomic Energy Agency (hereinafter referred to as "the Agency");
Reaffirming the commitment of
the Parties to pursue peaceful uses of nuclear energy in a manner ensuring nuclear
non-proliferation, nuclear safety and nuclear security; and
Desiring to promote cooperation
between the two States in the field of the peaceful uses of nuclear energy in
accordance with their respective domestic laws and relevant international
agreements which are in force for both States;
Have agreed as follows:
ARTICLE 1.
For the purposes of this Agreement:
(a) The term "authorized
person" means any individual or entity within the jurisdiction of the
State of a Party and authorized by that Party to cooperate under this
Agreement, including to supply or receive nuclear material, material, equipment
and technology, and to perform or receive services, but does not include the
Parties;
(b) The term "nuclear material"
means:
(i) source material, namely,
uranium containing the mixture of isotopes occurring in nature; uranium
depleted in the isotope 235; thorium; any of the foregoing in the form of
metal, alloy, chemical compound or concentrate; any other substance containing
one or more of the foregoing in such concentration as may be agreed to by the
Parties; and such other substances as may be agreed to by the Parties; and
(ii) special fissionable
material, namely, plutonium; uranium-233; uranium enriched in the isotope 233
or 235; any substance containing one or more of the foregoing; and such ether
substances as may be agreed Co by the Parties. Special fissionable material
does not include source material;
(c) The term
"material" means substances for use in a nuclear reactor which are
specified in Part A of Annex A to this Agreement, but does not include nuclear
material;
(d) The term
"equipment" means major items of machinery, plant or instrumentation,
or major components thereof, which are specially designed or prepared for use
in nuclear activities, and which are specified in Part B of Annex A to this
Agreement;
(e) The term
"technology" means specific information required for the development,
production or use of any nuclear material, material or equipment, excluding
information which has been made available without restrictions upon its further
dissemination. Basic scientific research information may also be excluded, if
specified and agreed in writing by the Parties. This specific information may
take the form of technical data which includes blueprints, plans, diagrams,
models, formulae, engineering designs and specifications, manuals and
instructions written or recorded on other media or devices such as disk, tape
and read-only memories. It may also take the form of technical assistance which
includes instruction, skills, training, working knowledge and consulting
services;
(f) The term
"development" referred to in paragraph (e) of this Article means all
phases before 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 produce, configuration
design, integration design and layouts;
(g) The term
"production" referred to in paragraphs (e) and (f) of this Article
means all activities for producing nuclear material, material or equipment such
as construction, production engineering, manufacture, integration, assembly
(mounting), inspection, testing and quality assurance;
(h) The term "use"
referred to in paragraph (e) of this Article means operation, installation
including on-site installation, maintenance, checking, repair, overhaul and
refurbishing;
(i) The term "equipment
based on technology" means equipment which the Parties agree as produced
from the use of technology transferred pursuant to this Agreement;
(j) The term "nuclear
material recovered or produced as a by-product" means:
(i) nuclear material derived
from nuclear material transferred pursuant to this Agreement;
(ii) nuclear material derived by
one or more processes from the use of material or equipment transferred
pursuant to this Agreement; and
(iii) nuclear material which the
Parties agree as derived from the use of technology transferred pursuant to
this Agreement; and
(k) The term "unclassified
information" means information not classified as restricted, confidential,
secret or top secret by either of the Parties.
ARTICLE 2
1. Cooperation
under this Agreement for the promotion and development of the peaceful non-explosive
uses of nuclear energy in the two States may be undertaken in the following
areas:
(a) exploration and exploitation
of uranium resources;
(b) design, construction and
operation of light water reactors;
(c) nuclear safety including
radiation protection, environmental monitoring and prevention of and response
to nuclear accident and radiological emergency;
(d) storage, transportation,
processing and disposal of radioactive waste;
(e) study on and application of
radio-isotopes and radiation;
(f) safeguards and nuclear
security;
(g) human resources development
in the field of the peaceful uses of nuclear energy;
(h) development of legal
framework in the field of the peaceful uses of nuclear energy;
(i) public information on the
peaceful uses of nuclear energy;
(j) research and development in
areas agreed upon between the Parties; and
(k) other areas as may be agreed
by the Parties.
2. Cooperation as specified in
paragraph 1 of this Article may be undertaken in the following ways:
(a) exchange of experts and
trainees;
(b) exchange of unclassified
information, including information relating to nuclear safety, on such terms as
may be agreed between the Parties, between authorized persons of the Parties,
or between either Party and authorized persons of the other Party;
(c) supply from a Party or its
authorized persons to the other Party or its authorized persons, of nuclear
material, material, equipment and technology on 3uch terms as may be agreed
between the supplier and the recipient;
(d) provision of services by a
Party or its authorized persons and receipt of services by the other Party or
its authorized persons, on matters within the scope of this Agreement on such
terms as may be agreed between the supplier and the recipient; and
(e) other ways as may be agreed
by the Parties.
3. Notwithstanding the
provisions of paragraphs 1 and 2 of this Article, technology for and equipment
for uranium enrichment, spent nuclear fuel reprocessing, conversion of
plutonium and production of material and plutonium shall not be transferred
under this Agreement.
ARTICLE 3
Cooperation
as specified in Article 2 of this Agreement shall be subject to the provisions
of this Agreement and the laws and regulations in force in their respective
States, and shall require, in the case of cooperation envisaged in
sub-paragraph (c) of paragraph 2 of the said Article, acceptance of the
application of safeguards by the Agency:
(a) with respect to all nuclear
material in all nuclear activities within Japan, when the recipient is the
Government of Japan or its authorized persons. Implementation of the Agreement
between the Government of Japan and the International Atomic Energy Agency in
Implementation of Article III.1 and 4 of the Treaty on the Non-Proliferation of
Nuclear Weapons, done on March 4, 1977 as supplemented by the" Protocol
additional to the said Agreement, done on December 4, 1998 (hereinafter
referred to as "the Safeguards Agreement for Japan") shall be
considered as fulfilling this requirement; and
(b) with respect to all nuclear
material in all nuclear activities within the Socialist Republic of Viet Nam,
when the recipient is the Government of the Socialist Republic of Viet Nam or
its authorized persons. Implementation of the Agreement 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, done on February 23, 1990 as supplemented
by the Protocol additional to the said Agreement, done on August 10, 2007 upon
its entry into force (hereinafter referred to as "the Safeguards Agreement
for the Socialist Republic of Viet Nam") shall be considered as fulfilling
this requirement.
ARTICLE 4
1. Cooperation
under this Agreement shall be carried out only for peaceful and non-explosive
purposes.
2. Nuclear material, material,
equipment and technology transferred pursuant to this Agreement, equipment
based on technology and nuclear material recovered or produced as a by-product
shall not be used other than for peaceful purposes; nor shall they be used for
any nuclear explosive device, for research on or for development of any such
device.
ARTICLE 5
1. To
ensure the fulfillment of the obligations arising under Article 4 of this
Agreement, nuclear material transferred pursuant to this Agreement and nuclear
material recovered or produced as a by-product:
(a) while within Japan, shall be
subject to the Safeguards Agreement for Japan; and
(b) while within the Socialist
Republic of Viet Nam, shall be subject to the Safeguards Agreement for the
Socialist Republic of Viet Nam.
2. In the event that for any
reason the Agency does not apply safeguards as required by paragraph 1 of this
Article, the Parties shall, in view of the vital importance for nuclear
material transferred pursuant to this Agreement and nuclear material recovered
or produced as a by-product to remain permanently subject to safeguards,
forthwith consult to take rectifying measures and, in the absence of such
rectifying measures, shall forthwith enter into arrangements which conform to
safeguards principles and procedures of the Agency and provide effectiveness
and coverage equivalent to that intended to be provided by the safeguards of
the Agency specified in paragraph 1 of this Article.
ARTICLE 6
1. In
implementing the provisions of this Agreement, the Socialist Republic of Viet
Nam and Japan shall act in conformity with the provisions of the Convention on
Early Notification of a Nuclear Accident, adopted on September 26, 1986, the
Convention on Assistance in the Case of a Nuclear Accident or Radiological
Emergency, adopted on September 26, 1986 and the Convention on Nuclear Safety,
adopted on June 17, 1994.
2. In respect of facilities in
which nuclear material, material, equipment or technology subject to this
Agreement is located or used, the Parties may make mutually satisfactory
arrangements for the implementation of measures to ensure the safety of such
facilities.
ARTICLE 7
1. In
respect of nuclear material transferred pursuant to this Agreement and nuclear
material recovered or produced as a by-product, the Parties shall apply
measures of physical protection according to their respective criteria which
bring about, as a minimum, protection at levels set out in Annex B to this
Agreement.
2. In respect of international
transport of nuclear material transferred pursuant to this Agreement and of
nuclear material recovered or produced as a by-product, the Socialist Republic
of Viet Nam and Japan shall act in conformity with the previsions of the
Convention on the Physical Protection of Nuclear Material, opened for signature
on March 3, 1980.
ARTICLE 8
Nuclear
material, material, equipment and technology transferred pursuant to this
Agreement, equipment based on technology and nuclear material recovered or
produced as a by-product shall not be transferred or retransferred beyond the
jurisdiction of the State of the receiving Party, except into the jurisdiction
of the State of the supplying Party, unless the prior written consent of the
supplying Party is obtained.
ARTICLE 9
Nuclear
material transferred pursuant to this Agreement and nuclear material recovered
or produced as a by-product shall not be enriched or reprocessed within the
jurisdiction of the Socialist Republic of Viet Nam, unless the Parties
otherwise agree.
ARTICLE 10
1. Nuclear
material, material, equipment and technology transferred between the two
States, whether directly or through a third State, shall become subject to this
Agreement upon their entry into the jurisdiction of the State of the receiving
Party, only if the supplying Party has notified the receiving Party in writing
and in advance of the intended transfer. Prior to the notified transfer of such
nuclear material, material, equipment or technology, the supplying Party shall
obtain from the receiving Party a written confirmation that the transferred
nuclear material, material, equipment or technology will be held subject to
this Agreement and that the proposed recipient, if other than the receiving
Party, will be an authorized person of the receiving Party.
2. Nuclear material, material,
equipment and technology subject to this Agreement shall no longer be subject
to this Agreement if:
(a) such nuclear material,
material or equipment has been transferred beyond the jurisdiction of the State
of the receiving Party in accordance with the relevant provisions of this
Agreement;
(b) the Parties agree in writing
that such nuclear material, material, equipment or technology shall no longer
be subject to this Agreement; or
(c) in the case of nuclear
material, the Agency determines, in accordance with the provisions for the
termination of safeguards in the relevant agreement referred to in Article 3 of
this Agreement, that the nuclear material has been consumed, or has been
diluted in such a way that it is no longer usable for any nuclear activity
relevant from the point of view of safeguards, or has become practicably
irrecoverable.
ARTICLE 11
The
Parties shall ensure the adequate and effective protection of intellectual
property and technology created or transferred pursuant to the cooperation
under this Agreement in accordance with the relevant international agreements
to which Japan and the Socialist Republic of Viet Nam are parties and the laws
and regulations in force in their respective states.
ARTICLE 12
1. The
Parties shall, at the request of either of them, consult with each other, if
any question arises concerning the interpretation or application of this
Agreement.
2. If any dispute arising out of
the interpretation or application of this Agreement is not settled by
consultations referred to in paragraph 1 of this Article, such dispute shall,
at the request of either Party, be submitted to an arbitral tribunal whose
composition and proceedings shall be agreed upon by the Parties. The decisions
of the tribunal shall be binding on the Parties.
ARTICLE 13
1. If
Japan or the Socialist Republic of Viet Nam at any time following entry into
force of this Agreement:
(a) acts in violation of the
provisions of Article 4, 5, 6, 7, 8 or 9 of this Agreement or the decisions of
the arbitral tribunal referred to in Article 12 of this Agreement; or
(b) terminates or materially
violates its Safeguards Agreement with the Agency referred to in Article 3 of
this Agreement,
the Government of the Socialist
Republic of Viet Nam or the Government of Japan respectively shall have the
right to cease further cooperation under this Agreement in whole or in part, or
to terminate this Agreement and to require the j return of any nuclear
material, material and equipment transferred pursuant to this Agreement.
2. If Japan or the Socialist
Republic of Viet Nam detonates a nuclear explosive device, the Government of
the Socialist Republic of Viet Nam or the Government of Japan respectively
shall have the right specified in paragraph 1 of this Article.
3. Before either Party takes
steps to cease cooperation under this Agreement in whole or in part or to
terminate this Agreement, or to require the return of any nuclear material,
material and equipment transferred pursuant to this Agreement, the Parties
shall consult for the purpose of taking corrective measures and shall, where
appropriate, carefully consider the following, taking into account the need to
make such other appropriate arrangements as may be required:
(a) the effects of taking such
steps; and
(b) whether the facts which gave
rise to considering such steps were caused deliberately.
4. Following the consultations
referred to in paragraph 3 of this Article, the right under this Article shall
be exercised by either Party:
(a) in the case referred to in
paragraph 1 of this Article, only if the other Party fails to take corrective
measures within an appropriate period of time; and
(b) in the case referred to in
paragraph 2 of this Article, if it determines that no corrective measures can
be found.
ARTICLE 14
1. This
Agreement may be amended by written agreement of the Parties. Amendments to
this Agreement shall be approved by each Party in accordance with its internal
procedures required for such amendments.
2. The Annexes to this Agreement
form an integral part of this Agreement. The Annexes may be modified by an
agreement in writing between the Parties without amendment of this Agreement.
ARTICLE 15
1. Each
Party shall send through diplomatic channel to the other Party the notification
confirming that its internal procedures necessary for the entry into force of
this Agreement have been completed. This Agreement shall enter into force on
the thirtieth day after the date of receipt of the latter notification.
2. This Agreement shall remain
in force for a period of ten years, and shall be automatically extended for
five-year periods thereafter unless either Party notifies the other" Party
in writing through diplomatic channel of its intention to terminate this
Agreement not later than six months prior to the expiry date.
3. Notwithstanding the cessation
of cooperation under this Agreement or termination of this Agreement, Article
1, Articles 4 to 9, paragraph 2 of Article 10 and Articles 12 and 13 of this
Agreement shall continue in effect.
In witness whereof the
undersigned, being duly authorized by their respective Governments, have signed
this Agreement.
Done at Hanoi on the twentieth
day of January, 2011 in duplicate in the English language.
|
FOR
THE GOVERNMENT
OF THE SOCIALIST REPUBLIC
OF VIET NAM:
Le Dinh Tien
Deputy Minister
Ministry of Science and Technology
|
FOR
THE GOVERNMENT OF JAPAN:
Yasuaki Tanizaki
Ambassador
|
ANNEX A
PART
A
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 of Part B below, in quantities exceeding 2 00 kg of
deuterium atoms in any period of 12 months.
2. Nuclear grade graphite:
Graphite having a purity level
better than 5 parts per million boron equivalent and with a density greater
than 1.50g/cm3 for use in a nuclear reactor as defined in paragraph 1 of Part B
below, in quantities exceeding 30 metric tons in any period of 12 months.
PART
B
1. Complete nuclear reactors:
Nuclear reactors capable of operation
so as to maintain a controlled self-sustaining fission chain reaction,
excluding zero energy reactors, the latter being defined as reactors with a
designed maximum rate of production of plutonium not exceeding 100 grams per
year.
2. Nuclear reactor vessels:
Metal vessels, or major
shop-fabricated parts therefor, especially designed or prepared to contain the
core of a nuclear reactor as defined in paragraph 1 above, as well as relevant
nuclear reactor internals as defined in paragraph 8 below.
3. Nuclear 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 above.
4. Nuclear reactor control rods
and equipment:
Especially designed or prepared
rods, support or suspension structures therefor, rod drive mechanisms or rod
guide tubes to control the fission process in a nuclear reactor as defined in
paragraph 1 above.
5. Nuclear reactor pressure
tubes:
Tubes which are especially designed
or prepared to contain fuel elements and the primary coolant in a nuclear
reactor as defined in paragraph 1 above at an operating pressure in excess of 5
0 atmospheres.
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 nuclear
reactor as defined in paragraph 1 above, and in which the relation of hafnium
to zirconium is less than 1:500 parts by weight.
7. Primary coolant pumps:
Pumps especially designed or
prepared for circulating the primary coolant for a nuclear reactor as defined
in paragraph 1 above.
8. Nuclear reactor internals:
Nuclear reactor internals
especially designed or prepared for use in a nuclear reactor as defined in
paragraph 1 above, including support columns for the core, fuel channels,
thermal shields, baffles, core grid plates and diffuser plates.
9. Heat exchangers:
Heat exchangers (steam
generators) especially designed or prepared for use in the primary coolant
circuit of a nuclear reactor as defined in paragraph 1 above.
10. Neutron detection and
measuring instruments:
Especially designed or prepared
neutron detection and measuring instruments for determining neutron flux levels
within the core of a nuclear reactor as defined in paragraph 1 above.
11. Plants for the fabrication
of nuclear reactor fuel elements, and equipment especially designed or prepared
therefor.
12. Plants for the conversion of
uranium for use in the fabrication of fuel elements and the separation of
uranium isotopes, and equipment especially designed or prepared therefor.
ANNEX B
LEVELS OF PHYSICAL PROTECTION
CATEGORY
III
(as
defined in the attached table)
Use and storage within an area
to which access is controlled.
Transportation under special
precautions including prior arrangements among sender, recipient and carrier,
and prior agreement between entities subject to the jurisdiction and regulation
of supplier and recipient States, respectively, in case of international
transport, specifying time, place and procedures for transferring transport
responsibility.
CATEGORY
II
(as
defined in the attached table).
Use and storage within a protected
area to which access is controlled, i.e., an area under constant surveillance
by guards or electronic devices, surrounded by a physical barrier with a
limited number of points of entry under appropriate control, or any area with
an equivalent level of physical protection.
Transportation under special
precautions including prior arrangements among sender, recipient and carrier,
and prior agreement between entities subject to the jurisdiction and regulation
of supplier and recipient States, respectively, in case of international
transport, specifying time, place and procedures for transferring transport
responsibility.
CATEGORY
I
(as
defined in the attached table)
Nuclear material in this
category shall be protected with highly reliable systems against unauthorized
use as follows:
Use and storage within a highly
protected area, i.e., a protected area as defined for Category II above, to
which, in addition, access is restricted to persons whose trustworthiness has
been determined, and which is under surveillance by guards who are in close
communication with appropriate response authorities. Specific measures taken in
this context should have as their objective the detection and prevention of any
assault, unauthorized access or unauthorized removal of the nuclear material
concerned.
Transportation under special
precautions as identified above for transportation of Category II and III
nuclear material and, in addition, under constant surveillance by escorts and
under conditions which assure close communication with appropriate response
authorities.
TABLE:
CATEGORIZATION OF NUCLEAR MATERIAL
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Nuclear
Material
|
Form
|
Category
I
|
Category
II
|
Category
III(c)
|
|
1. Plutonium(a)
|
Unirradiated(b)
|
2kg or more
|
Less than 2kg but more than
500g
|
500g or less but more than 15g
|
|
2. Uranium-235
|
Unirradiated(b)
|
|
|
|
|
|
- uranium enriched to 20% 235U
or more
|
5kg or more
|
Less than 5kg but more than
1kg
|
1kg or less but more than 15g
|
|
|
- uranium enriched to 10% 235U
but less than 20% 235U
|
|
10kg or more
|
Less than 10kg but more than
1kg
|
|
|
- uranium enriched above
natural, but less than 10% 235U
|
|
|
10kg or more
|
|
3. Uranium-233
|
Unirradiated(b)
|
2kg or more
|
Less than 2kg but more than
500g
|
500g or less but more than 15g
|
|
4 . Irradiated Fuel
|
|
|
Depleted or natural uranium,
thorium or low-enriched fuel (less than 10% fissile content)(d)/(e)
|
|
(a) All plutonium except that
with isotopic concentration exceeding 80% in plutonium-238
(b) Nuclear material not
irradiated in a reactor or nuclear material irradiated in a reactor but with a
radiation level equal to or less than 1 Gy/hr (100 rads/hr) meter unshielded.
(c) Quantities not falling in
Category III and natural uranium, depleted uranium and thorium should be
protected at least in accordance with prudent management practice.
(d) Although this level of
protection is recommended, it would be open to the Parties, upon evaluation of the
specific circumstances, to assign a different category of physical protection.
(e) Other fuel which by virtue
of its original fissile material content is classified as Category I or II
before irradiation may be reduced one category level while the radiation level
from the fuel exceeds 1 Gy/hr (100 rads/hr) at one meter unshielded.
AGREED MINUTES
In connection with the Agreement
between the Government of the Socialist Republic of Viet Nam and the Government
of Japan for Cooperation in the Development and Peaceful Uses of Nuclear
Energy, signed at Hanoi today (hereinafter referred to as "the
Agreement"), the undersigned hereby record the following understandings:
1. It is confirmed that nuclear
material transferred pursuant to the Agreement and nuclear material recovered
or produced as a by-product may be handled based on the principles of
fungibility and proportionality when they are used in mixing processes where
they lose their identity, or are deemed to lose it, in the process of
conversion or fuel fabrication.
2. It is confirmed that, for the
effective implementation of the Agreement, the Parties shall exchange annually
the then current inventories of nuclear material, material, equipment and
technology subject to the Agreement.
3. With reference to paragraph
(b) of Article 3 of the Agreement, it is confirmed that the Socialist Republic
of Viet Nam intends to take necessary measures for the conclusion of the
Protocol referred to in the said paragraph and upon the conclusion of the said
Protocol shall act in conformity with its provisions. Nuclear material,
material, equipment and technology may be transferred from Japan to the
Socialist Republic of Viet Nam prior to the conclusion of the said Protocol
only when the Parties agree in advance and in writing on the terms and
conditions of such transfer which shall include provision of information on the
use of such nuclear material, material, equipment and technology by the
Government of the Socialist Republic of Viet Nam and acceptance of consultation
visits by the Government of Japan to relevant facilities in the Socialist
Republic of Viet Nam upon request by the Government of Japan.
4. With reference to Article 5
of the Agreement, it is confirmed that a national system of accounting for and
control of nuclear material covering all nuclear material transferred pursuant
to the Agreement and nuclear material recovered or produced as a by-product has
been established and will be maintained in accordance with the laws and
regulations in force in each State.
5. With reference to paragraph 1
of Article 6 of the Agreement, it is confirmed that, Japan shall act in
conformity with the provisions of the Joint Convention on the Safety of Spent
Fuel Management and on the Safety of Radioactive Waste Management, done on September
5, 1997, and the Socialist Republic of Viet Nam intends to take necessary
measures for the conclusion of the said Convention, and upon the conclusion of
the said Convention, shall act in conformity with its provisions.
6. With reference to paragraph 2
of Article 6 of the Agreement, it is confirmed that, should an incident
corresponding to Level 2 or higher of the International Nuclear and
Radiological Event Scale occur at a facility within the jurisdiction of the
Socialist Republic of Viet Nam, in which nuclear material, material, equipment
or technology subject to the Agreement is located or used, the Government of
the Socialist Republic of Viet Nam shall inform the International Atomic Energy
Agency(hereinafter referred to as "the Agency") of the incident, make
a request for and receive a relevant safety review team of the Agency as
necessary, and take measures recommended by the Agency in accordance with the
laws and regulations in force in the Socialist Republic of Viet Nam.
7. With reference to Article 7
of the Agreement, it is confirmed that Japan shall act in conformity with the
provisions of the International Convention for the Suppression of Acts of
Nuclear Terrorism, opened for signature on September 14, 2005, and the
Socialist Republic of Viet Nam intends to take necessary measures for the
conclusion of the said Convention, and upon the conclusion of the said
Convention, shall act in conformity with its provisions.
8. With reference to Article 7
and paragraph 1 of Article 12 of the Agreement, it is confirmed that the
Parties shall, at the request of either of them, consult for the purpose of
reviewing the adequacy of measures of physical protection related to nuclear
material transferred pursuant to the Agreement and nuclear material recovered
or produced as a by-product.
9. In the application of
sub-paragraph (b) of paragraph 1 of Article 13 of the Agreement, it is
confirmed that, in respect of determining material violation under the said
sub-paragraph, any of the following findings made by the Board of Governors of
the Agency shall be accepted by the Parties as conclusive:
(a) a finding of non-compliance;
(b) a finding that the Agency is
not able to verify that there has been no diversion of nuclear material
required to be safeguarded under relevant safeguards agreement to nuclear
weapons or other nuclear explosive devices; or
(c) a finding that the Agency is
not able to verify that there have been no undeclared nuclear material or
activities.
At Hanoi, this twentieth day of
January, 2011
|
FOR
THE GOVERNMENT
OF THE SOCIALIST REPUBLIC
OF VIET NAM:
Le Dinh Tien
Deputy Minister
Ministry of Science and Technology
|
FOR
THE GOVERNMENT OF JAPAN:
Yasuaki Tanizaki
Ambassador
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