Circular No. 02/2022/TT-BKHCN guiding the implementation of certain provisions of Government Decree No. 142/2020/NĐ-CP dated December 9, 2020 on conducting radiation work and activities providing support services for the application of atomic energy.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 142/2020/NĐ-CP dated December 9, 2020 of the Government on conducting radiation work and activities of supporting services for nuclear energy applicationPursuant to the proposal of the Director of the Radiation and Nuclear Safety Agency, the Director of the Atomic Energy Agency, and the Head of the Legal Department

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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;

Pursuant to Decree No. 142/2020/NĐ-CP dated December 9, 2020 of the Government stipulating the conduct of radiation work and support services for atomic energy applications;

The Minister of Science and Technology issues this Circular guiding the implementation of certain provisions of Decree No. 142/2020/NĐ-CP dated December 9, 2020 of the Government on conducting radiation work and activities of supporting services for nuclear energy application.;

1. This Circular guides the implementation of certain provisions of Decree No. 142/2020/NĐ-CP dated December 9, 2020 of the Government on conducting radiation work and activities of supporting services for nuclear energy application (hereinafter referred to as Decree No. 142/2020/NĐ-CP) regarding:

Article 1. Scope of Regulation and Applicability

a) Competence to issue the Radiation Work Permit (hereinafter referred to as the Permit), the Registration Certificate for Supporting Services for Nuclear Energy Application (hereinafter referred to as the Registration Certificate), the Radiation Worker Certificate, and the Professional Certificate for Supporting Services for Nuclear Energy Application (hereinafter referred to as the Professional Certificate);

b) Preparation and examination of applications for issuance of the Permit, the Registration Certificate, the Radiation Worker Certificate, and the Professional Certificate;

c) Amendment and supplementation of the Permit.

2. This Circular applies to agencies, organizations, and individuals related to conducting radiation work and activities of supporting services for nuclear energy application as prescribed in Decree No. 142/2020/NĐ-CP.

Article 2. Competence to Issue Permits, Registration Certificates, Radiation Worker Certificates, and Professional Certificates

1. The Ministry of Science and Technology shall issue the Permit for the following works:

a) Operation of irradiation equipment for sterilization, mutation induction, and material processing (for industrial use);

b) Production and processing of radioactive materials;

c) Transit transport of nuclear source materials and nuclear materials;

d) Packaging and transport of nuclear source materials and nuclear materials;

đ) Import of nuclear source materials and nuclear materials and nuclear equipment;

e) Export of nuclear source materials and nuclear materials and nuclear equipment.

2. The Radiation and Nuclear Safety Agency shall issue the Permit, the Registration Certificate, the Radiation Worker Certificate, and the Professional Certificate, except for cases stipulated in Clauses 1, 3, and 4 of this Article.

3. The Atomic Energy Agency shall issue the Registration Certificate and the Professional Certificate for the following services:

a) Consulting technology in the field of nuclear energy, including: Radiation technology consulting, nuclear technology consulting for organizations and individuals conducting activities in the field of nuclear energy;

b) Evaluation of radiation technology and nuclear technology; inspection of radiation technology and nuclear technology;

c) Training and professional development for individuals performing the services specified in Point a and Point b of this Clause.

4. The science and technology specialized agency under the People's Committee of the province, centrally governed city (hereinafter referred to as the provincial People's Committee) shall issue the Permit to organizations and individuals using diagnostic X-ray equipment in healthcare and the Radiation Worker Certificate to the person in charge of safety at diagnostic X-ray facilities operating within the province, centrally governed city (hereinafter referred to as the province) according to Circular No. 01/2021/TT-BKHCN dated March 1, 2021 of the Minister of Science and Technology guiding the functions, tasks, and powers of the science and technology specialized agency under the provincial and district-level People's Committees.

The agency issuing the Permit, the Registration Certificate, the Radiation Worker Certificate, and the Professional Certificate has the authority to amend, supplement, extend, and reissue according to the provisions of Decree No. 142/2020/NĐ-CP.

5. The competent authority issuing the Permit, Registration Certificate, Radiation Worker Certificate, and Professional Practice Certificate shall have the authority to amend, supplement, extend, renew such certificates in accordance with the provisions of Decree No. 142/2020/NĐ-CP.

Article 3. Preparation and Examination of Application Files

1. Organizations and individuals prepare application files to request issuance of Permits, Registration Certificates, Radiation Worker Certificates, Professional Practice Certificates as prescribed in Decree No. 142/2020/ND-CP.

a) For file components that have information and data digitized in national databases, specialized databases, and systems providing public services: Organizations and individuals provide valid electronic documents, certified electronic copies from original books, certified electronic copies from originals, or reference from the organization's or individual's electronic data management system.

b) For file components requiring submission of original or true copies when implementing online public services: Organizations and individuals upload documents as prescribed in point a, Clause 1 of this Article and send original or true paper documents through postal services to the competent authority issuing Permits, Registration Certificates, Radiation Worker Certificates, Professional Practice Certificates.

c) For file components requesting issuance of Permits for the use of X-ray diagnostic equipment in healthcare as stipulated in Clause 7, Article 20 of Decree No. 142/2020/ND-CP: Technical parameters of X-ray diagnostic equipment in healthcare as specified in Form No. 07 of Appendix III to Decree No. 142/2020/ND-CP; In cases where X-ray diagnostic equipment in healthcare does not have a control panel, it is unnecessary to determine technical parameters in Section IV of this form.

In cases where there are no manufacturer documents on technical parameters, organizations and individuals submit results of determining technical parameters of X-ray diagnostic equipment in healthcare carried out in one of the following two ways:

- Requesting the equipment manufacturer to provide again;

- Referencing information about the equipment in previously issued permits (if available).

2. Examination of application files for issuance of Permits, Registration Certificates, Radiation Worker Certificates, Professional Practice Certificates includes the following tasks:

a) Reviewing and evaluating the content of information in documents and materials in the file to ensure compliance with the Atomic Energy Law and Decree No. 142/2020/ND-CP;

b) Inspecting at the facility if necessary to:

- Verify the accuracy of information in documents and materials in the file;

- Assess the professional competence of safety managers and radiation workers; implementation of radiation safety measures, nuclear security, preparedness for radiation incidents, quality of support services for nuclear applications.

Article 4. Amendment and Supplement to Permits

1. Amending Permits

Amending Permits as prescribed in point e, Clause 1, Article 31 of Decree No. 142/2020/ND-CP involves consolidating multiple valid Permits issued by the same competent authority, having the same validity period as stipulated in Clause 1, Article 37 of Decree No. 142/2020/ND-CP into one Permit.

The competent authority amending the Permit must assess the implementation of radiation safety measures and nuclear security for radioactive sources and radiation equipment proposed for Permit amendment.

2. Supplementing Permits

a) Organizations and individuals supplement Permits as prescribed in Article 32 of Decree No. 142/2020/ND-CP in cases of supplementing radioactive sources for radiation equipment.

The competent authority supplementing the Permit must assess the implementation of radiation safety measures and nuclear security for radiation equipment and radioactive sources proposed for Permit supplementation.

b) Organizations and individuals only need to report radioactive sources to the Radiation and Nuclear Safety Agency in cases of supplementing radioactive sources for irradiation equipment and radiographic equipment used in industry.

Article 5. Effective Date

1. This Circular takes effect from April 15, 2022.

2. Circular No. 08/2010/TT-BKHCN dated July 22, 2010, guiding the declaration and issuance of Permits for radiation work and issuance of Radiation Worker Certificates, and Circular No. 06/2016/TT-BKHCN dated April 22, 2016, stipulating the issuance of Registration Certificates and Professional Practice Certificates for certain support services for nuclear applications issued by the Minister of Science and Technology shall cease to be effective from the date this Circular takes effect.

Article 6. Responsibilities for Implementation

1. Competent authorities issuing Permits, Radiation Worker Certificates, Registration Certificates, Professional Practice Certificates; organizations and individuals conducting radiation work, activities providing support services for nuclear applications, and related organizations and individuals are responsible for implementing this Circular.

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