Circular No. 04/2016/TT-BKHCN on the examination of radiation safety assessment reports in radioactive ore exploration and exploitation activities.

CIRCULAR

Regulations on the review of radiation safety assessment reports

in radioactive ore exploration and mining activities

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Pursuant to the Atomic Energy Law No. 18/2008/QH12 dated June 3, 2008;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 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 Agency and the Head of the Legal Department,

The Minister of Science and Technology issues this Circular stipulating the review of radiation safety assessment reports in radioactive ore exploration and mining activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the dossier, procedures, formalities, and contents of the review of radiation safety assessment reports in radioactive ore exploration and mining activities.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, involved in radioactive ore exploration and mining activities within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. Radioactive ore means mineral containing radioactive substances with total activity or specific activity exceeding the exemption threshold for license issuance as prescribed in National Technical Regulation QCVN 5:2010/BKHCN on radiation safety - exemption from declaration and licensing, including uranium ore, thorium ore, titanium sand, rare earths.

2. Potential effective dose means the highest effective dose that an employee engaged in radioactive ore exploration and mining activities may receive during work or the highest effective dose that the public may receive due to such activities conducted by organizations and individuals (excluding contributions from natural background radiation).

3. Radioactive waste in radioactive ore exploration and mining means waste containing radioactive nuclides with total activity or specific activity exceeding the exemption threshold for declaration and licensing as prescribed in National Technical Regulation QCVN 5:2010/BKHCN on radiation safety - exemption from declaration and licensing.

4. I. Oil and gas reservoirs is solid waste generated from physical enrichment processes where natural radioactive nuclides are concentrated along with the product.

5. An oil and gas reservoir (reservoir) is a geological body containing oil and gas defined by hydrodynamic boundaries. In a discovery, field, or production zone, it may include one or more reservoirs characterized by permeability properties, fluid type, and formation pressure. is solid waste generated from physical enrichment processes where natural radioactive nuclides are separated from the desired product and waste generated from exhaust gas treatment (if any).

6. R3 is solid waste generated from chemical processing of ore.

7. R* is tailings containing a large amount of natural radioactive nuclides (uranium, thorium, monazite).

8. L1 is wastewater generated from physical enrichment processes.

9. L2 is wastewater generated from labor hygiene processes (bathing, washing protective clothing of employees working in radioactive ore exploration and mining areas, industrial cleaning of storage facilities, washing vehicles transporting ore).

10. L3 is wastewater generated from chemical processing of ore and exhaust gas treatment (if any).

11. L* is seepage wastewater from tailings disposal sites and solid radioactive waste disposal sites.

Article 4. Classification of radioactive ore exploration and mining facilities

Based on the potential effective dose received by an employee at a radioactive ore exploration and mining facility in one year, these facilities are classified into three types as follows:

1. Type A: Facilities capable of causing a potential effective dose greater than 6 mSv/year for an employee conducting radioactive ore exploration and mining work.

2. Type B: Facilities capable of causing a potential effective dose greater than 1 mSv/year but not exceeding 6 mSv/year for an employee conducting radioactive ore exploration and mining work.

3. Type C: Facilities capable of causing a potential effective dose not exceeding 1 mSv/year for an employee conducting radioactive ore exploration and mining work.

Chapter II

DOSSIER, PROCEDURES, FORMALITIES AND CONTENTS OF THE REVIEW OF RADIATION SAFETY ASSESSMENT REPORTS

Article 5. Documents for Requesting Review of Radiation Safety Assessment Report

The documents for requesting review of radiation safety assessment report in radioactive ore exploration and exploitation activities include the following:

1. One (01) request document for reviewing the radiation safety assessment report, prepared according to the model prescribed in Appendix I attached hereto.

2. One (01) copy of the Radiation Safety Assessment Report in radioactive ore exploration and exploitation activities for each type of facility (the classification of facilities is carried out in accordance with the provisions of Article 4 of this Circular) according to the corresponding model prescribed in Appendix II attached hereto.

3. The electronic version must be in Portable Document Format (.pdf) and must use Vietnamese Unicode font (Times New Roman) in accordance with Vietnamese Standard (TCVN 6909:2001). The electronic version must match the paper version, recorded on optical disc and not password protected.

Article 6. Procedure and Process for Reviewing Radiation Safety Assessment Report

1. Organizations and individuals requesting review of the Radiation Safety Assessment Report in radioactive ore exploration and exploitation activities must prepare the documents in accordance with the provisions of Article 5 of this Circular.

2. The documents (one set) shall be submitted directly at the headquarters of the Radiation and Nuclear Safety Administration or sent by post. The date of receipt of the documents is calculated from the day the Radiation and Nuclear Safety Administration receives them directly or from the postmark of the receiving post office.

3. Within five (05) working days from the date of receipt of the documents, the Radiation and Nuclear Safety Administration has the responsibility to evaluate the completeness and validity of the documents and notify in writing the organizations and individuals to supplement the required documents in case the documents are invalid. In case the documents are valid, the date of receipt of the complete and valid documents is considered as the date when the Radiation and Nuclear Safety Administration receives the documents.

4. Within thirty (30) working days from the date of receipt of the complete and valid documents as prescribed, the Radiation and Nuclear Safety Administration has the responsibility to review the Radiation Safety Assessment Report according to the contents prescribed in Article 7 of this Circular and provide the review results to the organizations and individuals in writing. The review result must clearly state whether the safety analysis report meets the safety conditions or not. In case it does not meet the safety conditions, the reasons must be specified.

Article 7. Contents of Review of Radiation Safety Assessment Report

1. For Class A and Class B, C radioactive ore exploration and processing facilities, the Radiation and Nuclear Safety Administration organizes the review of the radiation safety assessment report for the following contents:

a) Information on organizations and individuals conducting exploration/exploitation of radioactive ores;

b) Planned radiation work;

c) Radiation safety evaluation when putting the facility into operation;

d) Radiation safety management program;

đ) Radioactive waste management program;

e) Decommissioning plan of the facility and environmental restoration after cessation of operations.

2. For Class C radioactive ore exploration and processing facilities, the Radiation and Nuclear Safety Administration organizes the review of the radiation safety assessment report for the following contents:

a) Information on organizations and individuals conducting exploration/exploitation of radioactive ores;

b) Planned radiation work;

c) Evaluation and classification of the facility.

Chapter III

IMPLEMENTATION

Article 8. Effective Date

This Circular takes effect from June 1, 2016.

Article 9. Implementation Organization

1. The Radiation and Nuclear Safety Administration is responsible for guiding, inspecting, and auditing the implementation of the provisions of this Circular by facilities operating in the field of radioactive ore exploration and exploitation.

2. During the implementation process, if there are difficulties or new issues arise, the relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for consideration and resolution./.