THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No.
51/2006/ND-CP
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Hanoi,
May 19, 2006
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DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS
IN THE DOMAIN OF RADIATION SAFETY AND CONTROL
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on
Handling of Administrative Violations;
Pursuant to the June 25, 1996 Ordinance on Radiation Safety and Control;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Scope of
regulation and subjects of application
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2. This Decree applies to all individuals and
organizations that intentionally or unintentionally commit acts of violating
the provisions of law on state management in the domain of radiation safety and
control, which are, however, not crimes and must be administratively sanctioned
according to the provisions of this Decree.
Foreign individuals or organizations that
commit administrative violations in the domain of state management of radiation
safety and control within the territory of the Socialist Republic of Vietnam
shall also be sanctioned under this Decree; where it is otherwise provided for
by treaties to which Vietnam
is a contracting party, the provisions of such treaties shall apply.
3. Administrative violations in the domain of
state management of radiation safety and control shall cover:
a/ Acts of violating the Radiation Safety and
Control Ordinance's provisions on declaration, registration and permits;
b/ Acts of violating the regulations on
conditions to ensure radiation safety;
c/ Acts of violating specific provisions of
the Ordinance on Radiation Safety and Control and the Government's Decree No.
50/1998/ND-CP of July 16, 1998, detailing the implementation of the Ordinance
on Radiation Safety and Control (hereinafter called Decree No. 50/1998/ND-CP
for short).
Article 2.-
Interpretation of terms
In this Decree the terms below are construed
as follows:
1.
"Irradiation facilities" mean any ionizing radiation equipment,
including equipment which radiates only when in operation (such as X-ray
machines, accelerators...) and equipment attached with inner radioactive
sources (such as remote radiotherapy equipment,
piezo radiotherapy equipment, dosimeters used in industries and research, X-ray
machines used in analysis at jeweler's, radiation establishments,
nuclear reactors, etc.).
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3. "Sealed radioactive sources"
mean radioactive materials encased in specially-structured capsules which help
prevent its leakage into the environment under
normal working conditions or in case of radiation incidents.
4. "Open radioactive sources" mean
radioactive materials not encased in capsules but having the special structure
like the sealed ones, which can be split in
the use duration or easily leaked under normal use conditions.
5. "Radiation safety services" mean
activities in service of radiation safety-related jobs of radiation
establishments such as metering personal radiation dose; designing, building,
renovating, expanding or upgrading such radiation establishments as X-ray
chambers, nuclear medicine departments, remote radiotherapy establishments,
radioactive source deposits, radioactive material and waste deposits; assessing
radiation safety and impacts on the environment;
inspecting quality of irradiation facilities; standardizing radiation
meters and equipment.
6.
"Transportation index" means the index used to control
irradiation, to set the quantity of radioactive materials for radioactive goods
packages so as to ensure safety in the transportation process.
Article 3.- Sanctioning
principles
1.
Individuals or organizations shall be sanctioned in the domain of radiation safety and control only when they commit acts of violation specified in
Chapter II of this Decree.
2. All
administrative violations, when detected, must be stopped immediately.
The sanctioning of administrative violations
must be conducted in a swift, just and thorough manner; all consequences
caused by administrative violations must be remedied in accordance with the
provisions of law.
3. The sanctioning of administrative
violations in the domain of radiation safety and control must be carried out by competent persons in strict
compliance with the provisions of law on sanctioning of administrative
violations.
4. An act of administrative violation shall
be sanctioned only once; a person
committing many acts of
administrative violation shall be sanctioned for every act of violation;
where many persons jointly commit an act of
administrative violation, every violator shall be sanctioned.
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6.
Sanctions shall not be imposed for administrative violations committed in cases of emergency,
legitimate self-defense, unforeseeable incidents or when violators
suffer from mental diseases or other diseases, which deprive them of the
capacity to cognize or control their acts.
7. Where an individual or organization
commits many acts of administrative violation at a time, including violations
in the domain of radiation safety and control, the sanctioning competence shall
be determined on the principles defined in Clause 3, Article 42 of the
Ordinance on Handling of Administrative Violations.
8.
When deeming that acts of administrative violation
in the domain of radiation safety and control show signs of crimes, the competent persons defined in Articles
23, 24 and 25 of this Decree shall transfer dossiers to competent criminal
proceedings-conducting agencies for handling.
It is prohibited to apply administrative
sanctions against violations showing signs of crimes in the domain of radiation
safety and control.
9. The
extenuating and aggravating circumstances shall comply with the provisions of Articles 8 and 9 of the 2002
Ordinance on Handling of Administrative Violations.
Article 4.- Sanctioning
forms and remedies
1. For every act of administrative violation
in the domain of radiation safety and control, the violating individuals or organizations shall be subject to
one of the following principal sanctioning forms:
a/
Caution: This form shall apply to minor and first-time violations
involving extenuating circumstances or to
any act of administrative violation committed by minors aged between full 14 years and under 16 years;
b/ Fines: Based on the nature and severity of
violations, the competent persons shall
decide on fine levels within the prescribed fine bracket.
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For
violations involving extenuating circumstances, the fine levels may be reduced but must not be lower than
minimum level of the prescribed fine bracket.
For
violations involving aggravating circumstances, the fine levels may be increased but must not be higher than
maximum level of the prescribed fine bracket.
2.
Depending on the nature and severity of their violations, individuals or
organizations committing administrative violations in the domain of radiation
safety and control may also be subject to one of the following additional
sanctioning forms:
a/ Deprivation of the right to use permits in
the domain of radiation safety and control for up to 6 months;
b/ Confiscation of material evidences and/or
means used for commission of administrative violations.
3. Apart from the above principal and
additional sanctioning forms, individuals or organizations committing
administrative violations may also be compelled to apply one or some of the
following remedies:
a/ Compelled decontamination of the
contaminated areas up to the environmental standards;
b/ Compelled restoration of the initial
state, which has been altered by administrative violations;
c/ Compelled destruction or burial of objects
and/ or goods containing radioactive materials strictly according to
regulations on radiation safety;
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e/ Compelled re-export of imported material
evidences of violations under the provisions of law;
f/
Compelled recovery of material evidences which have been dispersed; search for radiation sources so as to
restore the initial state;
g/ Compelled arrangement of appropriate jobs
for persons under 18 years of age or persons affected with diseases prescribed
by the Health Ministry; for pregnant or breastfeeding women according to the provisions of Clause 1, Article 6 and Clause 3,
Article 10 of the Government's Decree No. 50/1998/ND-CP of July 16,
1998, detailing the implementation of the Ordinance on Radiation Safety and
Control and the Labor Code.
h/ Other remedies as provided for in Chapter
II of this Decree.
Article 5.- Statute
of limitations for sanctioning administrative violations and time limit for
being considered as having not yet been sanctioned for administrative
violations
1. The statute of limitations for sanctioning
an administrative violation in the domain of radiation safety and control shall be two years as from the date such
violation is committed. Past this time limit, the individual or organization
that has committed the administrative
violation shall not be sanctioned but still be subject to the remedies
provided for in Clause 3, Article 4 of this Decree.
2. Where individuals have committed acts of
violating the law on radiation safety and control and been subject to lawsuit
initiation, prosecution or decisions to bring the cases to trial according to criminal procedures but later the decisions to
terminate the investigation or the cases are issued, such individuals
shall be administratively sanctioned, provided that their acts show signs of
administrative violations; in this case, the statute of limitations for sanctioning of administrative violations shall be
three months counting from the date
the persons competent to impose
sanctions receive the termination decisions and dossiers of the
violations.
3. Within
the time limits specified in Clauses 1 and 2 of this Article, if
concerned individuals or organizations commit new acts of administrative violation in the domain of radiation safety and
control or deliberately shirk or obstruct the sanctioning, the statute of limitations defined in Clauses 1 and 2
of this Article shall not apply. The statute of limitations for
sanctioning of administrative violations shall be recalculated counting from the time they commit new administrative
violations or the time they stop their acts of shirking or obstructing the
sanctioning.
4. If, within one year after executing
sanctioning decisions or after the expiration of the statute of limitations for
execution of sanctioning decisions, individuals or organizations sanctioned for
administrative violations have not relapsed into the violations, they shall be considered as having not yet been
sanctioned for administrative violations in radiation safety and control.
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ACTS
OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND LEVELS
Article 6.- Acts of
violating the regulations on declaration
1.
A fine of between VND 1,500,000 and VND 3,000,000 shall be imposed on
individuals or organizations that commit
one of the acts of violating the
regulations on declaring radiation establishments, radioactive sources,
irradiation facilities, radioactive materials
or performance of radiation jobs, specifically:
a/ Committing frauds in making declaration or
making incomplete declaration;
b/ Modifying, erasing dossiers in order to be
qualified for exemption of declaration;
c/ Failing to declare radiation
establishments;
d/
Failing to declare radioactive sources;
e/ Failing to declare irradiation facilities;
f/ Failing to declare radioactive wastes;
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2.
Remedy: Compelling individuals or
organizations violating the provisions of Clause 1 of this Article to
make declaration in accordance with the provisions of Article 22 of the Ordinance on Radiation Safety and Control.
Article 7.- Acts of
violating the regulations on registration
1. A fine of between VND 1,500,000 and VND
3,000,000 shall be imposed on individuals or organizations
that commit fraudulent acts in registering radioactive sources, irradiation
facilities and radioactive waste
deposits.
2. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed on individuals or organizations
that have radioactive sources, irradiation facilities or radioactive wastes but fail to register them according
to the regulations on radioactive sources and radioactive waste deposits.
3. Remedy: Compelling violating individuals
or organizations defined in Clauses 1 and 2
of this Article to make registration according to the provisions of
Article 23 of the Ordinance on Radiation Safety and Control.
Article 8.- Acts of
violating the regulations on permits
1. A fine of between VND 1,500,000 and VND
3,000,000 shall be imposed on individuals or organizations that commit
fraudulent acts in the process of applying
for radiation safety permits under the provisions of the Ordinance on
Radiation Safety and Control.
2. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed on individuals or organizations that commit one of
the following acts without permits:
a/ Doing special radiation jobs;
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3.
A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed on
individuals or organizations that commit one of the following acts without
permits:
a/ Using
radioactive sources or irradiation facilities in medical examination or
treatment;
b/ Using radioactive sources for analyzing
the structure or chemical composition of materials, inspecting the quality of
works, conducting security, metrological or goods quality check;
c/ Using
radioactive sources or irradiation facilities for scientific tests or
research.
4.
A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed on
individuals or organizations that commit one of the following acts without
permits:
a/ Importing, exporting, temporarily
importing for re-export or temporarily exporting for re-import radioactive
sources or irradiation facilities;
b/ Repairing, assembling, replacing
radioactive sources or irradiation facilities;
c/ Turning out products or consumer goods
containing radioactive materials;
d/ Transporting in transit radioactive
sources, irradiation facilities or radioactive wastes.
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a/ Producing sealed or open radioactive
sources or irradiation facilities;
b/ Conducting irradiation activities (i.e.,
using accelerators, X-ray equipment, equipment using radioactive sources of high
activity which may create a powerful radiation field for sterilization or
handling and preservation of commercial products) or radiographic activities;
c/ Exploiting or processing radioactive ores;
d/ Treating, burying radioactive wastes.
6. Remedies:
a/ Compelling individuals or organizations
that commit violations defined in Clauses 2, 3, 4 and 5 of this Article to
apply measures to ensure radiation safety;
b/ Compelling individuals or organizations
that commit violations defined at Point c, Clause 4 of this Article to destroy or bury products or consumer
goods containing radioactive sources in excess of the law-prescribed
limits.
c/ Compelling individuals or organizations
that commit violations defined in Clauses 1,2,3,4 and 5 of this Article to apply for
permits according to the provisions of
Article 24 of the Ordinance on Radiation Safety and Control within 30
days after receiving the handling decisions of competent persons.
Article 9.- Acts of
violating the regulations on upgrading and renovating radiation establishments
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a/ Arbitrarily upgrading or expanding the
scope of operation of radiation establishments;
b/ Resuming the operation of radiation
establishments after upgrading or improving them.
2. Remedy: Compelling individuals or organizations that
commit acts of violation defined in Clause 1 of this Article to apply for
permits according to the provisions of
Article 24 of the Ordinance on Radiation Safety and Control within 30
days after receiving the handling decisions of competent persons.
Article 10.- Acts of
using expired permits
1. A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on individuals or organizations
that use operation permits for radiation establishments, permits for conducting
radiation jobs or permits for staff members doing special radiation
jobs, which have expired, but for not more than 30 days as from the expiry
date.
2. A fine of between VND 3,000,000 and VND
7,000,000 shall be imposed on individuals or organizations
that use operation permits for radiation establishments, permits for conducting
radiation jobs or permits for staff members doing special radiation
jobs, which have expired, for cases other than those specified in Clause 1 of
this Article.
3. Remedy:
Compelling individuals or organizations that commit acts of violation defined in Clauses 1 and 2 of this Article to apply for permit extension according
to the provisions of Article 26 of the Ordinance on Radiation Safety and
Control within 30 days after receiving the
handling decisions of competent persons.
Article 11.- Acts of
violating the conditions set in permits
1. A fine of between VND 2,000,000 and VND
5,000,000 shall be imposed on individuals or organizations that violate one of
the conditions prescribed in the permits.
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3. Additional sanctioning forms: Depriving of
the right to use permits for up to 3 months, for acts of violation defined in Clause 1 of this Article, and
for up to 6 months, for violation acts defined in Clause 2 of this
Article.
4. Remedy:
Compelling individuals or organizations committing acts of violation defined in Clauses 1 and 2 of this Article to comply with the conditions
prescribed in the permits.
Article 12.- Acts of
violating the regulations on import and export of irradiation facilities,
radioactive sources and radioactive wastes
1. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed on individuals or organizations that commit acts of
importing or exporting irradiation
facilities or radioactive wastes with technical parameters different from those
stated in their permits.
2. A fine of between VND 10,000,000 and VND 20,000,000
shall be imposed on individuals or organizations
that commit acts of importing irradiation facilities, radioactive sources or
radioactive wastes on the list of goods banned from import.
3.
Additional sanctioning form: Depriving of the right to use radiation safety permits for up to 6
months, for individuals or organizations committing violations mentioned
in Clauses 1 and 2 of this Article.
4. Remedy:
Compelling individuals or organizations committing violations mentioned
in Clauses 1 and 2 of this Article to take immediate measures to ensure
radiation safety and re-export material evidences of violations in strict
compliance with the provisions of law.
Article 13.- Acts of
violating the regulations on storing, preservation and transfer of radioactive
sources, irradiation facilities and radioactive wastes
1. A fine of between VND 20,000,000 and VND
45,000,000 shall be imposed on individuals or
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a/ Purchasing, selling, presenting, donating,
borrowing, lending, renting or leasing radioactive sources or irradiation
facilities without permits;
b/ Storing radioactive sources and
temporarily preserving radioactive wastes without permits.
2. A fine of between VND 25,000,000 and VND
50,000,000 shall be imposed on individuals or organizations that lose, misplace
or drop radioactive sources or irradiation
facilities due to lack of
responsibilities in their management and use.
3. A fine of between VND 50,000,000 and VND
70,000,000 shall be imposed on individuals or organizations that commit acts of
violation defined in Clause 2 of this
Article but deliberately decline to report thereon to state management
agencies in charge of radiation safety and control.
4. Additional sanctioning form: Confiscating material evidences and means used by individuals
or organizations for committing acts of violation defined at Points a and b, Clause 1 of this Article and
bringing them to the nearest
radioactive source deposits which have already been licensed by the Ministry of
Science and Technology.
5.
Remedies:
a/ Compelling individuals or organizations
that commit acts of violation defined at Points a and b, Clause 1 of this
Article to apply radiation safety measures according to the provisions of law
and supply full information to state
management agencies in charge of radiation safety and control.
b/ Compelling individuals or organizations
that commit acts of violation defined in
Clauses 2 and 3 of this Article to apply the following measures: immediately notifying state management agencies
in charge of radiation safety and
control and the nearest police
offices thereof; searching for radioactive sources to restore the
initial state; all expenses therefor shall be borne by individuals or
organizations managing and/or using radioactive
sources or irradiation facilities.
Article 14.- Acts of
violating the regulations on transportation of radioactive sources or
radioactive wastes
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a/
Transporting radioactive sources or radioactive wastes at variance with the quantities, types or routes specified
in the permits issued by competent authorities;
b/ Using
means of transport in contravention of the regulations on radiation
safety;
c/ Violating the regulations on packages,
packing and symbols related to radiation safety in the transportation of
radioactive sources or radioactive wastes;
d/
Transporting radioactive sources or radioactive wastes without staff
members in charge of radiation safety (except for the transportation of
irradiation facilities which irradiate only in operation);
e/ Transporting goods packages or goods lots
in excess of the set transportation index;
f/ Transporting such goods under the
conditions that the radiation dose in cabin
or at passenger seats exceeds the prescribed radiation safety limit.
2. A fine of between VND 20,000,000 and VND
45,000,000 shall be imposed on individuals or organizations
that commit acts of dropping radioactive sources or radioactive wastes
in the course of transportation.
3. A fine of between VND 50,000,000 and VND
70,000,000 shall be imposed on individuals or organizations that commit acts of
violation defined in
Clause 2 of this Article, affecting human
health and the environment.
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5. Remedies:
a/ Compelling individuals or organizations
violating one of the provisions of Clause 1 of this Article to conduct the
transportation strictly according to the provisions of transport permits and
apply the prescribed radiation safety measures;
b/ Compelling individuals or organizations
committing violations defined in Clause 2 or 3 of this Article to apply the
following measures: Immediately notifying state management agencies in charge
of radiation safety and control and the nearest police offices thereof;
recovering the dropped radioactive sources or radioactive wastes and
decontaminating the contaminated areas up to environmental standards; all
expenses therefor shall be borne by individuals or organizations that transport
radioactive sources or radioactive wastes.
Article 15.- Acts of
violating the regulations on service jobs related to radiation safety
1. A fine of between VND 3,000,000 and VND
10,000,000 shall be imposed on organizations or individuals that commit one of
the following acts:
a/
Providing services related to radiation safety in violation of the
regulations on radiation safety;
b/ Providing services related to radiation
safety beyond the powers delegated by state management agencies in charge of
radiation safety and control;
c/ Failing to periodically report on the
results of metering personal radiation doses to state management agencies in
charge of radiation safety and control according to the provisions of law.
2. A fine of between VND 10,000,000 and VND
20,000,000 shall be imposed on individuals or organizations that use
radioactive sources or irradiation
facilities not up to the set quality standards for medical diagnosis,
examination or treatment.
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4.
Remedies:
a/ Compelling individuals or organizations
that commit acts of violation defined at Point a, Clause 1 of this Article to
observe the regulations on radiation safety;
or acts of violation defined at Point b, Clause 1 of this Article to
strictly comply with their delegated powers;
b/ Compelling individuals or organizations
that commit acts of violation defined at Point c, Clause 1 of this Article to
report on the results of metering personal radiation doses according to the
provisions of Clause 2, Article 13 of the Government's Decree No.
50/1998/ND-CPof July 16, 1998;
c/ Compelling individuals or organizations
that commit acts of violation defined in Clause 2 of this Article to conduct repair or modification so as
to attain the set quality standards.
Article 16.- Acts of
violating the regulations on handling and management of radioactive wastes
1. A fine of between VND 3,000,000 and VND
8,000,000 shall be imposed on individuals or organizations that commit one of
the following acts:
a/ Failing to compile dossiers on
preservation of particularities of
radioactive wastes of each discharge;
b/
Failing to treat or treating radioactive wastes not according to the set
radiation safety standards.
2. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed on individuals or organizations that use
radioactive waste tanks or deposits not according to the set radiation safety
standards.
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4. A fine of between VND 20,000,000 and VND
45,000,000 shall be imposed on individuals or organizations that discharge radioactive
wastes in excess of the prescribed limits, adversely affecting human health and
the environment.
5. Remedies:
a/ Compelling the renovation of radioactive
waste tanks or deposits up to the set standards, for acts of violation defined
in Clause 2 of this Article;
b/ Compelling the decontamination of
contaminated areas, for acts of violation defined in Clauses 3 and 4 of this
Article, so as to attain environmental standards;
c/ Compelling individuals or organizations
committing violations defined in Clause 3 of this Article to collect
radioactive wastes according to regulations;
d/ Compelling individuals or organizations
committing violations defined in Clause 4 of this Article not to discharge
radioactive wastes into the environment in excess of the prescribed limits.
Article 17.- Acts of
violating the regulations on the location of radiation establishments
1. A fine of between VND 5,000,000 and VND
15,000,000 shall be imposed on individuals or organizations that locate
radiation establishments at sites other
than those approved by state management agencies in charge of radiation
safety and control.
2.
Remedy: Compelling the relocation of radiation establishments to the sites already approved by state management
agencies in charge of radiation safety and control.
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1.
A fine of between VND 3,000,000 and VND 8,000,000 shall be imposed on
individuals or organizations that commit one of the following acts:
a/ Leaking
radiation rays in excess of the permitted radiation doses;
b/ Using rooms for performing radiation jobs,
with walls, ceilings, floors, doors or
windows being not thick enough according to radiation safety regulations
or with the height from the window's or air
vent's bottom rail to the ground outside being less than 2 meters.
2.
A fine of between VND 3,000,000 to VND 10,000,000 shall be imposed on
individuals or organizations that use rooms
with sizes not up to the prescribed
standards for performance of radiation jobs.
3.
Additional sanctioning form: Depriving of the right to use permits for
up to 3 months, for individuals or organizations violating the provisions of
Clause 1 of this Article.
4.
Remedies:
a/
Compelling individuals or organizations violating Clause 1 of this
Article to renovate the rooms so that they
have appropriate structure under the regulations on radiation shielding;
b/
Compelling individuals or organizations violating Clause 2 of this
Article to renovate the rooms so that they
have appropriate sizes according to set standards for performance of
radiation jobs.
Article 19.- Acts of
violating the regulations on environmental protection
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2. A fine of between VND 15,000,000 and VND
30,000,000 shall be imposed on individuals or organizations
that fail to promptly take measures when detecting the contamination of
the environment.
3. A fine of between VND 35,000,000 and VND
70,000,000 shall be imposed on individuals or organizations that bury or treat
radioactive wastes, thereby contaminating or affecting the environment and
people's health.
4. Additional
sanctioning form: Depriving of the right to use permits in the domain of
radiation safety and control for up to 6 months, for individuals or
organizations that commit acts of violation defined in Clauses 1, 2 and 3 of
this Article.
5.
Remedies:
a/
Compelling the decontamination of contaminated areas up to the
environmental standards, for acts of violations defined in Clauses 1 and 2 of
this Article;
b/ Compelling individuals or organizations
that commit acts of violation defined in Clause 3 of this Article to observe
the provisions of Point a, Clause 5 of this Article and bury or treat
radioactive wastes up to environmental standards;
c/ Remedying expenses shall be borne by
individuals or organizations that commit acts of violation defined in Clauses 1, 2 and 3 of this Article.
Article 20.- Acts of
violating the specific provisions of the Ordinance on Radiation Safety and
Control and Decree No. 50/1998/ND-CP
1.
A caution or fine of between VND 200,000 and VND 1,000,000 shall be imposed on individuals
or organizations that commit one of the following violations:
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b/ Failing to work out radiation safety
regulations for radiation establishments;
c/ Having
no processes for operation of irradiation facilities.
2.
A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on
individuals or organizations that fail to keep one of the following dossiers:
a/ The dossier on radiological survey;
b/ The dossier on periodical maintenance of
radiation safety machinery and systems;
c/ The
medical dossiers of radiation staff members;
d/ The dossiers on personal radiation doses
of radiation staff members;
e/ The dossiers on the upgrading and
expansion of the scope of operation of
radiation establishments, quality inspection, periodical expertise and
annual standardization of irradiation
facilities and radioactive sources under regulations;
f/ The equipment operation logbooks;
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h/ The dossiers on irradiation facilities and
radioactive sources.
3.
A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on
individuals or organizations that commit one of the following violations:
a/ Failing to appoint persons to take charge
of radiation safety;
b/ Appointing persons without radiation
safety training certificates as prescribed in Articles 5, 8 and 26 of the
Government's Decree No. 50/1998/ND-CP of July 16, 1998 to take charge of
radiation safety;
c/ Failing to organize training and
retraining on radiation safety knowledge
for radiation staff members according to the provisions of the
Government's Decree No. 50/1998/ND-CP of July 16,1998;
d/ Failing to set up radiation incident
prevention and fighting teams suitable with the scope of the establishments'
operation.
4. A fine of between VND 2,000,000 and VND
5,000,000 shall be imposed on individuals or organizations that commit one of
the following violations:
a/ Recruiting people aged under 18 years to
work as radiation staff members;
b/ Recruiting people affected with forbidden
diseases to work as radiation staff members;
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d/ Letting pregnant or breastfeeding women to
perform radiation-related work;
e/ Failing to equip radiation staff members
with personal radiation dosimeters;
f/ Failing to organize periodical evaluation
of personal radiation doses under regulations;
g/ Failing to equip radiation staff members
with appropriate labor protection devices;
h/ Failing
to equip appropriate radiation absorbers for jobs related to radioactive
materials, which emit gas, steam or aerosol;
i/ Having no appropriate shields for every
type of job applying nuclear techniques;
j/ Failing to conduct periodical quality
inspection of irradiation facilities for medical use;
k/ Failing to conduct annual standardization
of radiation dosimeters or radiotherapeutic sources;
l/ Modifying, falsifying parameters of
irradiation facilities without standardization and permission for their use
resumption.
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a/ Failing
to inventory radioactive sources annually;
b/ Failing to report on the annual radiation
safety situation to state management agencies in charge of radiation safety and
control;
c/
Failing to conduct periodical radiological survey of the environment
surrounding radiation establishments;
d/
Failing to conduct periodical radiological survey of working places of
radiation staff members;
e/ Failing to equip establishments that have
reactors, accelerators or irradiators, remote radiotherapy establishments or
establishments exploiting and processing radioactive ores with radiation
warning devices;
f/ Having no radiation incident-prevention
and -fighting plans;
g/ Failing to promptly detect or handling
radiation incidents at variance with the plans;
h/ Failing to promptly report to state
management agencies in charge of radiation safety and relevant agencies;
i/ Failing to apply all measures under their
responsibilities in case of radiation incidents;
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k/ Obstructing the implementation of or
failing to strictly follow instructions when functional agencies redress the
radiation incidents.
6.
A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on individuals
or organizations that commit one of the following acts:
a/ Removing radiation safety protection
systems without permission;
b/ Failing to organize periodical maintenance
of radiation safety protection systems,
which leads to the violation of radiation safety regulations.
7.
Remedies
a/ Compelling individuals or organizations
that commit violations defined in Clause 1
of this Article to put up signboards or elaborate entry and exit
regulations of radiation establishments; and to formulate process of operation of irradiation facilities;
b/ Compelling individuals or organizations
that commit violations defined in Clause 2
of this Article to make and keep dossiers on radiation safety and
control;
c/ Compelling individuals or organizations
that commit violations defined at Points a,
b and c, Clause 3 of this Article to observe the regulations on
appointment of persons to take charge of radiation safety and provide radiation
safety training for them as well as for radiation staff members; individuals or
organizations that commit violations defined at Point d, Clause 3 of this
Article to set up radiation incident prevention
and fighting teams suitable with the scope of operation of the
establishments;
d/ Compelling individuals or organizations
that commit violations defined at Points a,
b and d, Clause 4 of this Article to implement the provisions of Point g, Clause
3, Article 4 of this Decree; those that commit violations defined at Points c,
e, f, g, Clause 4 of this Article to go
through health checks, and equip radiation staff members with personal
dosimeters or labor protection devices; and those that commit violations defined at Points h, i, j, k and I, Clause 4 of
this Article to standardize and expertise irradiation facilities and
safety equipment in accordance with the provisions of law;
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Article 21.- Acts of
violating the regulations on dissolution of radiation establishments
1. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed on individuals or organizations that dissolve
radiation establishments in contravention
of the procedures and order provided for in Article 15 of the
Government's Decree No. 50/ 1998/ND-CPof July 16, 1998.
2. Remedy:
Compelling individuals or organizations that have dissolved radiation establishments to strictly comply
with the procedures and order on dissolution of
radiation establishments according to the provisions of law.
Article 22.- Acts of
obstructing the state management in the domain of radiation safety and control
1.
A caution or a fine of between VND 100,000
and VND 200,000 shall be imposed on individuals or organizations that
commit one of the following acts:
a/
Refusing to supply information or documents on contents related to
radiation safety inspection or examination;
b/ Supplying incomplete information to persons
competent to inspect or examine radiation safety.
2.
A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on
individuals or organizations that commit one of the following acts:
a/ Insulting or threatening officers who are performing official duty in the domain of
radiation safety and control;
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Chapter III
SANCTIONING
COMPETENCE AND PROCEDURES
Article 23.- Sanctioning
competence of the People's Committees at all levels
1.
Presidents of district-level People's
Committees shall have the power:
a/ To
impose caution;
b/ To impose fines of up to VND 20,000,000;
c/ To confiscate material evidences and means
used for commission of administrative violations;
d/ To apply one or several remedies according
to the provisions of Points a, b, c, d, f,
g and h, Clause 3, Article 4 of this Decree.
2.
Presidents of provincial-level People's Committees shall have the power to
apply forms of sanctioning administrative violations provided for in Article 30
of the Ordinance on Handling of Administrative
Violations with regard to administrative violations defined in Chapter
II of this Decree, including:
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b/ Fine of up to VND 70,000,000;
c/ Confiscation of material evidences and
means used for commission of administrative violations;
d/ Deprivation of the right to use permits
granted by provincial/municipal Science and Technology Services for up to 6
months;
In case of depriving of the right to use
permits in the domain of radiation safety and control, issued by superior state
management agencies in charge radiation safety and control, presidents of
provincial-level People's Committees shall issue decisions to stop acts of
violation, withdraw permits and request competent
agencies to deprive of the right to use such permits.
e/
Application of one or several measures provided for in Clause 3, Article
4 of this Decree.
Article 24.- Sanctioning
competence of radiation safety and control-specialized inspectorates
1.
Radiation safety and control-specialized inspectors
of the Ministry of Science and Technology and provincial/municipal Science
and Technology Services, who are on duty, shall have the power to apply
sanctioning forms defined in Chapter II of this Decree to administrative
violations, including:
a/ Caution or fine of up to VND 200,000;
b/ Confiscation of material evidences and
means used for commission of administrative
violations, which are valued at up to VND 2,000,000;
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2.
The chief inspectors of provincial/municipal Science
and Technology Services shall have the power to apply the sanctioning forms defined in Chapter II of this
Decree to administrative violations, including:
a/ Caution or fine of up to VND 20,000,000;
b/ Confiscation of material evidences and means
used for commission of administrative violations;
c/
Application of the remedies provided for at Points a, b, c, d, f, g and h,
Clause 3, Article 4 of this Decree.
3.
The chief inspector of the Ministry of Science and Technology shall have the
power to apply sanctioning forms defined in
Chapter II of this Decree to administrative violations, including:
a/ Caution or fine of up to VND 70,000,000;
b/ Confiscation of material evidences and
means used for commission of administrative violations;
c/
Deprivation of the right to use permits issued by state management
agencies in charge of radiation safety and control under the Ministry of
Science and Technology or by directors of provincial/municipal Science and Technology Services, for up to 6
months;
d/ Application of the remedies provided for
in Clause 3, Article 4 of this Decree.
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The
people's police, border-guards, coast guards, customs offices, market management forces and other specialized
inspectorates shall have the power to sanction administrative violations
according to the provisions of Articles 31,
32, 33, 34, 37 and 38 of the 2002 Ordinance on Handling of
Administrative Violations with regard to administrative violations related to radiation safety and control under the
state management scope of their respective ministries or branches.
Article 26.- Responsibilities
of state management agencies in charge of radiation safety and control
in handling of administrative violations
The Agency
for Radiation and Nuclear Safety and Control
under the Ministry of Science and Technology shall assist the Minister
in performing the function of state management
of radiation safety and control, and coordinate with other central and
local competent agencies in handling administrative violations and remedying
radiation incidents according to the regulations
on radiation safety and control and at the latter's request.
Article 27.- Principles
for defining the sanctioning competence Presidents of provincial-or district-level People's Committees
shall have the power to sanction administrative violations in the domain of
radiation safety and control in their respective localities.
Chief inspectors and specialized inspectors
of the Ministry of Science and Technology,
and provincial/municipal Science and
Technology Services shall have the power to sanction administrative
violations in the domain of radiation safety
and control which fall under the
management scope of the heads of the same level.
Where administrative violations go beyond the
sanctioning competence of chief inspectors of provincial/municipal Science and
Technology Services, the violation dossiers shall be transferred to presidents of provincial-level People's
Committees for sanctioning such violations according to their
competence.
3. The
competence of the persons defined in Article 25 of this Decree to sanction administrative violations in the
domain of radiation safety and control shall comply with the provisions of
Article 42 of the Ordinance on Handling of Administrative Violations.
Article 28.- Procedures
for sanctioning administrative violations
1.
When detecting administrative violations or
signs of administrative violations on radiation safety and control, the
persons competent to impose sanctions shall
have to immediately order the termination of such violations and ask concerned individuals or organizations to strictly
comply with the provisions of law on radiation safety and control.
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If deeming that the violations may be subject
to fines, the persons competent to impose
sanctions shall make records on such administrative violations according
to the provisions of Article 55 of the Ordinance on Handling of Administrative
Violations. The persons making records of administrative violations must create conditions for violating individuals or organizations to
express their opinions on the violations.
3.
If deeming that the handling of violations
needs evaluations or conclusions of radiation safety and control professional agencies, the persons
competent to impose sanctions shall only make inspection, examination or control records to serve as a
basis for handling. At the same time,
the persons competent to impose sanctions shall send dossiers and
material evidences of violations as well as
written requests for expertise to state management agencies in charge of radiation safety and control according to the
provisions of Article 26 of this Decree or to provincial/municipal
Science and Technology Services for evaluating or concluding opinions on the
violations as well as for suggestions on handling forms and measures
appropriate to the violations.
Within 10 days after receiving written
requests as well as dossiers and material evidences of violation, state management
agencies in charge of radiation safety and
control or provincial/municipal Science and Technology Services shall have to give written opinions to the
persons competent to sanction administrative violations on radiation safety and
control.
4. Within 10 days after making records of
administrative violations, competent persons shall issue decisions on
sanctioning administrative violations. For serious violations involving many
complicated circumstances, the above time limit may be prolonged but shall not
exceed 30 days. The issuance of sanctioning
decisions and contents of such decisions must comply with the provisions
of Article 56 of the 2002 Ordinance on
Handling of Administrative Violations.
The effective date of a sanctioning decision
shall be the date of its signing, except otherwise provided for in such
decision.
Sanctioning decisions must be sent to
sanctioned individuals or organizations and
fine- collecting bodies within 3 days as from the date of their signing,
and concurrently to state management
agencies in charge of radiation safety and control under the Ministry of
Science and Technology for coordinated monitoring and implementation of the
procedures for permit issuance,
modification, invalidation and cancellation.
Article 29.- Procedures
for deprivation of the right to use permits
1. When depriving of the right to use
permits, the persons competent to impose sanctions shall seize permits as
stated in the sanctioning decisions and immediately notify the permit-issuing
bodies thereof.
2. Upon
the expiration of the deprivation of the right to use permits stated in the sanctioning decisions, the persons
competent to impose sanctions shall have to hand the permits to
individuals or organizations that are deprived of the right to use such
permits.
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Article 30.- Procedures
for seizure of material evidences and means of administrative violations
1. The
competence and procedures for application of the measure of seizing the material evidences and means of
administrative violations shall comply with the
provisions of Article 46 of the 2002 Ordinance on Handling of
Administrative Violations.
2. The measure of seizing the material
evidences and means of administrative violations shall apply in cases where it is necessary to prevent acts of
violation or assure necessary material evidences to verify circumstances to serve as a basis for deciding on
the handling of violations.
With regard to individuals or organizations
that commit violations defined in Clause 3;
Points a and b, Clause 4; Points a and b, Clause 5, Article 8 of this
Decree, the competent persons shall have to apply the measure of seizing
material evidences being radioactive sources
to put them into radioactive source deposits;
seal off the deposits until getting permits from competent state
agencies, if the material evidences are irradiation facilities.
The
transportation and preservation costs shall be borne by individuals or organizations that manage and/ or use
radioactive sources or irradiation facilities.
3. Within
10 days after seizing material evidences or means of violations, the
persons having issued decisions thereon must handle them by applying measures
stated in the handling decisions or return them to the concerned individuals or
organizations if the measure of
confiscation does not apply. The time limit for seizure of material
evidences or means of administrative violations may be prolonged in complicated
cases requiring verification but shall not exceed 60 days as from the date such
material evidences or means are seized. The prolongation of the time limit for
seizure of material evidences or means of violations shall be decided by the
persons defined in Clause 1, Article 46 of
the 2002 Ordinance on Handling of Administrative Violations.
4. The seizure of material evidences or means
of administrative violations must be decided in writing, accompanied with the seizure records which must
be handed to the violators or representatives of violating organizations
each with one copy thereof.
5. With
regard to the seizure of material evidences of violations being
radioactive sources or irradiation facilities, apart from the provisions of
Clauses 1, 2, 3 and 4 of this Article, the regulations on assurance of
radiation safety must also be complied with.
Article 31.- Procedures
for confiscation of material evidences and means of administrative
violations
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Article 32.-
Procedures for handling of material evidences and means of administrative
violations
Procedures
for handling of material evidences and means of administrative violations
in the domain of radiation safety and control shall comply with the provisions
of Article 61 of the 2002 Ordinance on Handling
of Administrative Violations and the following provisions:
To apply
the measure of destruction in cases where the material evidences or
means of violations are the following objects:
1. Goods in violation which may cause harms
to people's life and health and the environment;
2. Goods
or objects in violation which have no use value.
Article 33.- Execution
of sanctioning decisions
1. If past 10 days after receiving
sanctioning decisions, the sanctioned
individuals or organizations fail to voluntary execute such decisions,
the persons competent to impose sanctions may issue decisions to compel the
execution of such decisions.
2. The execution of sanctioning decisions or
coercive execution of sanctioning decisions as well as the statute of limitations for execution of sanctioning decisions
shall comply with the provisions of Articles 64, 65, 66, 67, 68 and 69 of the
2002 Ordinance on Handling of Administrative Violations and the Government's
Decree No. 37/2005/ND-CP of March 18,2005,
prescribing procedures for application of the measure of compelling the
execution of decisions on sanctioning administrative violations.
Chapter IV
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Article 34.- Complaints,
denunciations and settlement thereof
1. Individuals or organizations sanctioned for
administrative violations in the domain of radiation safety and control or
their lawful representatives may complain about sanctioning decisions of
persons competent to sanction administrative violations.
2. Citizens may denounce with competent
individuals, agencies or organizations administrative violations in the domain of radiation safety and control, which
are committed by other individuals or organizations or denounce illegal acts of
persons competent to sanction
administrative violations in the domain of radiation safety and control.
3. The
competence, time limit and procedures for settling complaints and denunciations
shall comply with the order and procedures provided for by law on complaints
and denunciations.
Article 35.- Handling
of violations committed by persons competent to sanction administrative violations in the domain of radiation safety and
control
Persons competent to sanction administrative violations in the domain of radiation safety and
control who violate the provisions on sanctioning administrative
violations shall be handled according to
the provisions of Article 121 of the 2002 Ordinance on Handling of
Administrative Violations.
Article 36.- Commendation
and discipline
Individuals
or organizations recording achievements in
the supply of information, detection, prevention or handling of
administrative violations in the domain of radiation safety and control shall
be commended and/or rewarded according to
the State's regulations.
Individuals or organizations governed by the Ordinance on Cadres and Civil Servants, that
commit violation acts specified in Chapter II of this Decree shall, apart from being administratively
sanctioned, be disciplined according to the provisions of the Ordinance
on Cadres and Civil Servants.
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Article 37.- Implementation
effect
1.
This Decree takes effect 15 days after its publication in "CONG BAO."
2. This Decree replaces the Government's Decree No. 19/2001/ND-CP of May 11, 2001, on sanctioning
administrative violations in the domain of radiation safety and control.
Article 38.- Responsibilities
for implementation of the Decree
1. The Minister of Science and Technology
shall have to organize and inspect the implementation of this Decree.
2. Ministers, heads of ministerial-level
agencies, heads of the Government-attached agencies, and presidents of People's
Committees of provinces or centrally-run cities shall have to implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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