Circular No. 02/2011/TT-BKHCN guiding the implementation of nuclear material control and nuclear source material control.

CIRCULAR

Guidelines for Implementing Nuclear Material Control and Source Material Control

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Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

This Circular prescribes the list and control requirements for materials and equipment in the nuclear fuel cycle.

The Minister of Science and Technology hereby provides guidelines for implementing nuclear material control and source material control as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on:

1. Nuclear accounting procedures;

2. Design documents of facilities subject to nuclear control;

3. Information reports for facilities with less than 1 kg of effective nuclear material, source material;

4. Nuclear accounting documents;

5. Export and import reports;

6. Special reports;

7. Conditions and procedures for recognizing organizations and individuals as having fulfilled their obligations under nuclear control regulations.

Article 2. Applicability

These Circulars apply to organizations and individuals conducting activities involving the use, storage, export, and import of nuclear materials and source materials in Vietnam.

Article 3. Explanation of Terms

1. A lot of material is a portion of nuclear material considered as a unit for inventory purposes at a key measurement point.

2. Material Balance Area (MBA) is an area within or outside a facility where the amount of nuclear material entering or leaving can be determined and an actual inventory can be conducted when necessary to establish material balance.

3. Key Measurement Point (KMP) is a location where nuclear material is in a measurable form for inventory or to determine material flow.

Chapter II

NUCLEAR ACCOUNTING PROCEDURES, DESIGN DOCUMENTS AND INFORMATION REPORTS ON NUCLEAR MATERIALS AND SOURCE MATERIALS

Article 4. Nuclear Accounting Procedures

1. Organizations and individuals using, storing nuclear materials and source materials as prescribed in Article 6 and Article 7 of the Nuclear Control Regulation issued together with Decision No. 45/2010/QĐ-TTg of the Prime Minister on June 14, 2010 must establish and implement nuclear accounting procedures. 2. Nuclear accounting procedures include the following contents:

a) Establishing material balance areas and identifying key measurement points to serve inventory and control of nuclear materials and source materials at the facility;

b) Developing and applying procedures to determine the quantity of nuclear materials and source materials received, produced, transferred out, lost, or removed from the inventory and the actual quantity of nuclear materials and source materials inventoried at the facility;

c) Developing and applying procedures to assess the accuracy and repeatability of measurements and estimate the reliability of measurements;

d) Developing and applying procedures to assess the difference between the quantity of nuclear materials and source materials measured at the transfer-out point and

the receiving point; e) Developing and applying procedures to conduct actual inventories;

f) Developing and applying procedures to assess the quantity of nuclear materials and source materials not measured and undetected losses;

g) Developing and applying procedures for preparing, retaining nuclear accounting records, and submitting nuclear accounting reports;

h) Assigning staff responsible for nuclear accounting and controlling nuclear materials and source materials at the facility.

Article 5. Design Documents

1. Organizations and individuals with facilities subject to nuclear control must prepare and submit design documents and change reports as follows:

a) The design document shall be prepared and submitted to the Radiation and Nuclear Safety Agency no later than 15 days after the construction project of the facility subject to nuclear control is approved. This design document shall be prepared according to the guidance in Appendix I of this Circular and based on existing information about the project.

b) The design document shall be prepared and submitted to the Radiation and Nuclear Safety Agency no later than 240 days before the start of construction of the facility subject to nuclear control. This design document shall be prepared according to the guidance in Appendix I of this Circular and based on the information of the facility design.

c) The design document shall be prepared and submitted to the Radiation and Nuclear Safety Agency no later than 240 days before the expected date of first receipt of nuclear materials and source materials into the facility. This design document shall be prepared according to the guidance in Appendix I of this Circular and based on the information of the detailed design that has been approved.

d) Change reports on design content shall be prepared and submitted when there is a change in the design document specified in point c of this clause. The change report must clearly indicate the changed content and must be submitted to the Radiation and Nuclear Safety Agency no later than 90 days before the expected completion of the change.

e) The design document shall be re-prepared after the changes reported in the change report specified in point d of this clause have been completed. This design document shall be prepared according to the guidance in Appendix I of this Circular, must clearly indicate the implemented changes, and must be submitted to the Radiation and Nuclear Safety Agency no later than 15 days after the completion of the changes.

2. Design documents and change reports on design content must be supplemented and perfected upon request of the Radiation and Nuclear Safety Agency.

2. The design dossier and the report on changes to the design content must be supplemented and completed upon request of the Radiation and Nuclear Safety Administration.

Article 6. Report on Information about Nuclear Material and Source Material

1. Organizations and individuals using or storing nuclear material and source material as prescribed in Article 7 of the Regulations on Nuclear Safeguards issued together with Decision No. 45/2010/QĐ-TTg dated June 14, 2010 of the Prime Minister shall submit reports on information about nuclear material and source material to the Radiation and Nuclear Safety Agency not later than 240 days before the expected date of first receipt of such materials. The report on information about nuclear material and source material shall be prepared in accordance with Appendix II of this Circular. 2. In case there is a change in the contents of the report on information about nuclear material and source material submitted in accordance with Clause 1 of this Article, the report must be re-prepared, clearly indicating the changed contents and must be resubmitted to the Radiation and Nuclear Safety Agency within 15 days from the date of the change.

3. The report on information about nuclear material and source material must be supplemented and completed upon request of the Radiation and Nuclear Safety Agency.

NUCLEAR ACCOUNTING FILES

Chapter III

Article 7. Nuclear Accounting Files

1. Organizations and individuals using or storing nuclear material and source material as prescribed in Article 7 of the Regulations on Nuclear Safeguards issued together with Decision No. 45/2010/QĐ-TTg dated June 14, 2010 of the Prime Minister shall establish, maintain nuclear accounting files and submit nuclear accounting reports.

1. Organizations and individuals using, storing nuclear materials and source materials as prescribed in Article 6 and Article 7 of the Nuclear Control Regulation issued together with Decision No. 45/2010/QĐ-TTg of the Prime Minister on June 14, 2010 must establish and implement nuclear accounting procedures. 2. The nuclear accounting file includes nuclear accounting reports, documentation on nuclear accounting, and operational records.

3. The nuclear accounting file must be maintained throughout the period during which nuclear material and source material are present at the facility and for at least five years from the date of establishment of the file.

Article 8. Nuclear Accounting Reports

1. Nuclear accounting reports include periodic inventory reports, material balance reports, inventory change reports, and explanatory notes accompanying these reports.

2. Periodic inventory reports are reports on the results of periodic inventory counts of nuclear material and source material conducted at intervals approved by the Radiation and Nuclear Safety Agency. Periodic inventory reports shall be prepared according to Model 01-III/KSHN in Appendix III of this Circular and submitted to the Radiation and Nuclear Safety Agency within 15 days from the end of the periodic inventory count.

3. Material balance reports are reports reflecting the material balance based on the actual quantity of nuclear material and source material present at the facility and the inventory data from the previous inventory period. Material balance reports shall be prepared according to Model 02-III/KSHN in Appendix III of this Circular and submitted to the Radiation and Nuclear Safety Agency along with the periodic inventory report as stipulated in Clause 2 of this Article.

4. Inventory change reports are reports on changes in the quantity of nuclear material and source material at the facility. Inventory change reports shall be prepared according to Model 03-III/KSHN in Appendix III of this Circular and submitted to the Radiation and Nuclear Safety Agency within 15 days from the date of the change in the quantity of nuclear material and source material in the material balance area.

5. Explanatory notes are documents accompanying the reports mentioned in Clauses 2, 3, and 4 of this Article to explain changes in the inventory or points of note in each report. Explanatory notes shall be prepared according to Model 04-III/KSHN in Appendix III of this Circular.

5. The annotated information sheet is a document accompanying the reports mentioned in Clauses 2, 3, and 4 of this Article, aimed at explaining changes in the inventory or points of note in each report. The annotated information sheet shall be prepared according to Form 04-III/KSHN in Appendix III of this Circular.

Article 9. Nuclear accounting documents

Nuclear accounting documents include the following documents:

1. Inventory change documents reflecting changes in the quantity of nuclear materials, source material for each batch of materials, and related information on the characteristics of the materials and batch data.

2. Measurement result documents showing the time and results obtained to determine the quantity of nuclear materials, source material actually inventoried.

3. Adjustment and modification documents reflecting all adjustments and modifications made concerning inventory changes, discrepancies between book inventory quantities and actual inventory quantities.

Article 10. Operation Records

Operation records include the following contents:

1. Operational data used to determine changes in the quantity and composition of nuclear materials.

2. Data obtained through calibration of containers, equipment, sampling, analysis; quality control procedures for measurements; random errors and systematic errors.

3. Description of steps taken to prepare and conduct actual inventory to ensure its accuracy and completeness.

4. Description of steps taken to identify and quantify material losses.

Chapter IV

REPORTS ON EXPORT AND IMPORT OF NUCLEAR MATERIALS AND SOURCE MATERIAL AND SPECIAL REPORTS

Article 11. Reports on Export and Import of Nuclear Materials and Source Material

1. Organizations and individuals conducting the export of nuclear materials and source material must submit a report prepared according to Form 01-IV/KSHN in Appendix IV of this Circular, along with a copy of the signed export contract, to the Radiation and Nuclear Safety Administration at least 30 days before the first shipment date.

2. Organizations and individuals conducting the import of nuclear materials and source material must submit a report prepared according to Form 02-IV/KSHN in Appendix IV of this Circular, along with a copy of the signed import contract, to the Radiation and Nuclear Safety Administration at least 15 days before the expected arrival date in Vietnam.

3. In case of changes in previously reported export or import information on nuclear materials and source material, exporting and importing organizations and individuals must report in writing to the Radiation and Nuclear Safety Administration about the changed contents before the expected export or import date.

4. Upon request from the Radiation and Nuclear Safety Administration, exporting and importing organizations and individuals of nuclear materials and source material shall be responsible for clarifying or supplementing information in the reports submitted in accordance with Clauses 1, 2, and 3 of this Article.

Article 12. Special Reports

1. Special reports are reporting requirements that organizations and individuals using, storing, exporting, or importing nuclear materials and source material must comply with in the following extraordinary circumstances:

a) There is an incident or situation leading to the belief that nuclear materials or source material have been lost or may be lost.

b) There are unusual changes in monitoring measures and access prevention.

2. Special reports in the extraordinary circumstances mentioned in Clause 1 of this Article are specified as follows:

a) When an anomaly is detected, it must be immediately reported to the Radiation and Nuclear Safety Administration by telephone or fax.

b) Within five days from the detection of the anomaly, a written report must be prepared and sent to the Radiation and Nuclear Safety Administration.

Chapter V

RECOGNITION OF COMPLIANCE WITH NUCLEAR CONTROL REGULATIONS

Article 13. Conditions for Recognition of Completion of Nuclear Safeguards Obligations

An organization or individual will be recognized as having completed their obligations under nuclear safeguards regulations with respect to nuclear material and source material when such materials have been consumed entirely or diluted to a level where they cannot be used for any nuclear activity or are practically irretrievable.

Article 14. Procedures for Recognition of Completion of Nuclear Safeguards Obligations

1. An organization or individual wishing to be recognized as having completed their obligations under nuclear safeguards regulations with respect to nuclear material and source material must submit an application for recognition of completion of nuclear safeguards obligations to the Radiation and Nuclear Safety Agency.

2. The application for recognition of completion of nuclear safeguards obligations shall include:

a) A request for recognition of completion of nuclear safeguards obligations according to Form 01-V/KSHN attached as Appendix V of this Circular.

b) Relevant documents proving that the facility has met the conditions for recognition of completion of nuclear safeguards obligations as stipulated in Article 13.

3. Within sixty days from the date of receipt of the application for recognition of completion of nuclear safeguards obligations, the Radiation and Nuclear Safety Agency shall verify the information and issue or refuse to issue a certificate of completion of nuclear safeguards obligations. In case of refusal, a written response stating the reasons must be provided.

Chapter VI

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from June 1, 2011.

2. During implementation, if there are any difficulties or new issues arise, they should be promptly reported to the Ministry of Science and Technology for review and amendment.