Circular No. 01/2019/TT-BKHCN on ensuring radiation source security

CIRCULAR

Regulations on Ensuring Radiation Source Security

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Pursuant to the Atomic Energy Law on June 3, 2008;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Radiation and Nuclear Safety Administration and the Head of the Legal Department;

The Minister of Science and Technology issues this Circular to regulate ensuring radiation source security.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates ensuring security for sealed radiation sources and Pu-239 used as radiation sources with activity above the exemption level, issuance of permits (hereinafter referred to as radiation sources) according to National Technical Regulation QCVN 5:2010/BKHCN on Radiation Safety - Exemption Level, Permit Issuance issued together with Circular No. 15/2010/TT-BKHCN dated September 14, 2010 of the Minister of Science and Technology.

2. This Circular applies to:

a) Organizations and individuals using, storing, and transporting radiation sources as prescribed in Clause 1 of this Article within the territory of Vietnam;

b) Relevant state management agencies: Radiation and Nuclear Safety Administration, Provincial State Management Agency on Science and Technology, and Public Security Agency.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Ensuring radiation source security means applying measures to prevent unauthorized access, theft, seizure, destruction, transportation, and illegal transfer of radiation sources; and applying measures to secure information related to radiation source security.

2. Sealed radiation source is radioactive material enclosed in a special structure casing or manufactured in solid form to ensure that radioactive material does not escape into the environment under normal operating conditions and in potential accidents.

3. Security lock is a type of lock designed with high reliability to meet the requirements of ensuring radiation source security.

4. Security control area is a controlled zone preventing unauthorized persons from entering to ensure radiation source security through technical measures such as: using security locks, intrusion detection and alarm devices, image surveillance equipment, and administrative control measures. The security control area includes the room where the radiation source is placed and access routes, the radiation source control room, the security system control room, the water treatment pool for the storage pool of the radiation source, and other areas that may affect radiation source security.

5. Inventory check is the verification of the existence and quantity of radiation sources at their location by visual inspection or by using appropriate radiation measuring equipment or by indirect inspection methods.

Article 3. Principles of Ensuring Radiation Source Security

1. The head of the organization or individual having radiation sources must be fully responsible for ensuring radiation source security.

2. Requirements for ensuring radiation source security must be commensurate with the level of danger posed by the radiation source.

3. Ensuring radiation source security must be carried out throughout the life cycle of the source until the radiation source reaches the exemption level, requesting issuance of a permit to conduct radiation work according to National Technical Regulation QCVN 5:2010/BKHCN on Radiation Safety - Exemption Level, Permit Issuance issued together with Circular No. 15/2010/TT-BKHCN dated September 14, 2010 of the Minister of Science and Technology.

4. Measures for ensuring safety and security of radiation sources must be considered from the stage of preparing the application for issuance of a permit to conduct radiation work to ensure that these measures support each other and do not adversely affect each other.

Article 4. Levels of Radiation Security

1. Based on the level of danger of radiation sources and potential risks that may occur to humans and the environment, security requirements are divided into four levels A, B, C, and D, where Level A corresponds to the group of radiation sources with the highest level of danger and potential risk, and Level D corresponds to the group of radiation sources with the lowest level of danger and potential risk.

2. Levels A, B, C, and D correspond to groups of radiation sources as specified in the National Technical Regulation QCVN 6:2010/BKHCN on Radiation Safety - Classification and Grouping of Radiation Sources issued together with Circular No. 24/2010/TT-BKHCN dated December 29, 2010, by the Minister of Science and Technology:

a) Level A applies to Group 1 radiation sources;

b) Level B applies to Group 2 radiation sources;

c) Level C applies to Group 3 radiation sources;

d) Level D applies to Group 4 and Group 5 radiation sources.

Article 5. Responsibilities of Organizations and Individuals in Using and Storing Radiation Sources

1. Organizations and individuals using and storing radiation sources at Levels A, B, and C as stipulated in points a, b, and c, Clause 2, Article 4 of this Circular shall be responsible for:

a) Developing and implementing Security Plans according to templates corresponding to the security levels prescribed in Appendix I attached to this Circular;

b) Affixing ionizing radiation warning signs and additional radiation warning signs as prescribed in Appendix II attached to this Circular;

c) In cases where mobile radiation sources are used, they must develop and implement supplementary Security Plans for radiation source transportation (Appendix I attached to this Circular); notify provincial State management agencies for science and technology along the transport route about the expected time of arrival and departure of the radiation source, usage and storage times and locations in those provinces.

2. Organizations and individuals using and storing radiation sources at Level D as stipulated in point d, Clause 2, Article 4 of this Circular shall be responsible for:

a) Conducting quarterly inventory counts of radiation sources; recording inventory results in files, specifying the person conducting the count, the date of the count, and the results. In cases of maintenance, repair, or temporary shutdown of production lines equipped with radiation sources, the count must be conducted weekly;

b) Affixing ionizing radiation warning signs as prescribed in items 1 and 3 of Appendix II attached to this Circular.

3. When organizations and individuals discover unauthorized access to radiation sources or intentions to commit acts of theft or destruction of radiation sources, they must:

a) Take immediate response measures, investigate the cause, and find ways to rectify the situation;

b) Within eight hours from the discovery of the incident: report in writing or by fax or telephone to the Radiation and Nuclear Safety Administration, the provincial State management agency for science and technology where the incident occurred, and the nearest police authority;

c) Within five working days from the discovery of the incident: submit a written report to the Radiation and Nuclear Safety Administration, the provincial State management agency for science and technology where the incident occurred, and the nearest police authority. The report must clearly state the cause, course of events, response measures taken, consequences, corrective actions to be taken, and plans to prevent similar incidents from occurring.

Article 6. Responsibilities of organizations and individuals in transporting radioactive sources

1. Organizations and individuals transporting radioactive sources by road, rail, and inland waterways shall be responsible for:

a) Adhering to regulations on the safe transport of dangerous goods as prescribed by Vietnamese law and the provisions of international treaties to which Vietnam is a party;

b) Developing and implementing a Radioactive Source Security Plan during transportation according to the corresponding model prescribed in Appendix I attached to this Circular.

2. Organizations and individuals transporting radioactive sources by air shall be responsible for adhering to regulations on the safe air transport of dangerous goods as prescribed by Vietnamese law and the provisions of international treaties to which Vietnam is a party.

3. In case of an incident during the transportation of radioactive sources, organizations and individuals must:

a) Take immediate response measures, investigate the cause, and find ways to rectify the situation;

b) Within eight hours from the time of discovering the incident: notify the Radiation and Nuclear Safety Administration, the provincial State management agency for science and technology where the incident occurred, and the nearest police authority in writing, by fax, or by telephone;

c) Within five working days from the time of discovering the incident: submit a written report to the Radiation and Nuclear Safety Administration, the provincial State management agency for science and technology where the incident occurred, and the nearest police authority. The report must clearly present the cause, course of events, measures taken to respond, consequences, measures to mitigate consequences that will be applied, and plans to implement to prevent similar incidents from occurring.

Article 7. Implementation Organization

1. The Radiation and Nuclear Safety Administration shall be responsible for guiding and organizing the implementation of this Circular.

2. The provincial State management agency for science and technology shall guide organizations and individuals with radioactive sources within their jurisdiction to implement this Circular.

Article 8. Effective Date

1. This Circular takes effect from July 15, 2019.

2. Circular No. 23/2010/TT-BKHCN dated December 29, 2010, issued by the Minister of Science and Technology on guiding the assurance of radioactive source security; Circular No. 13/2015/TT-BKHCN dated July 21, 2015, issued by the Minister of Science and Technology amending and supplementing Circular No. 23/2010/TT-BKHCN dated December 29, 2010, issued by the Minister of Science and Technology on guiding the assurance of radioactive source security; and Circular No. 05/2017/TT-BKHCN dated May 25, 2017, issued by the Minister of Science and Technology stipulating the suspension of part of the effectiveness of Circular No. 13/2015/TT-BKHCN dated July 21, 2015, issued by the Minister of Science and Technology amending and supplementing Circular No. 23/2010/TT-BKHCN dated December 29, 2010, issued by the Minister of Science and Technology on guiding the assurance of radioactive source security shall cease to be effective from the date this Circular takes effect.

3. In cases where legal regulatory documents or technical standards cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

4. During the implementation process, if there are difficulties, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for consideration, amendment, and supplementation./.