Decree No. 07/2010/NĐ-CP detailing and guiding the implementation of certain provisions of the Atomic Energy Law

DECREE

Providing detailed regulations and guidance on implementing certain articles of the Atomic Energy Law

4 ||| of the Atomic Energy Law 5 ||| of the Atomic Energy Law

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to the Law on Legislative Acts of 03 June 2008;

Considering the proposal of the Minister of Science and Technology,

DECREE:

Article 1. Scope of regulation, applicable subjects

1. This Decree provides detailed regulations and guidance on implementing Articles 65, 80, 82, and 90 of the Atomic Energy Law and guides certain management requirements for the development, application of atomic energy, and ensuring safety.

2. This Decree applies to organizations and individuals within Vietnam, overseas Vietnamese, foreign organizations and individuals, and international organizations conducting activities in the field of atomic energy in Vietnam.

Article 2. Measures to attract human resources in the field of atomic energy

1. High-level experts are persons with knowledge, qualifications, practical experience, and deep understanding of a specific specialty in the field of atomic energy, meeting criteria set by the Ministry of Science and Technology. High-level experts working in state agencies and organizations enjoy preferential treatment regarding:

a) Recruitment for employment;

b) Appointment to positions leading scientific, technological, and management tasks;

c) Working conditions;

d) Salary commensurate with qualifications and practical experience;

đ) Transportation and housing facilities;

e) Scientific exchanges and international cooperation;

g) Other preferential treatments.

2. Individuals working in the field of atomic energy who receive salaries from the state budget shall be entitled to a professional preference allowance up to a maximum of 70% of their salary grade.

3. Graduates from specialties in the field of atomic energy who achieve excellent grades or higher shall be prioritized for recruitment to work in state management agencies, training institutions, research, and application organizations of atomic energy. The Ministry of Home Affairs shall specify the implementation of this provision.

4. Students studying specialties in the field of atomic energy at undergraduate and postgraduate levels shall have their training costs covered by the state and receive scholarships if they study domestically and training cost support if they study abroad. The Ministry of Education and Training shall take the lead in coordinating with the Ministry of Science and Technology to specify the implementation of this provision.

5. The Ministry of Home Affairs shall take the lead in coordinating with the Ministry of Science and Technology, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs to develop special measures to attract human resources as stipulated in Clause 1 and Clause 2 of this Article and submit them to the Prime Minister for decision.

Article 3. Radiation measurement, inspection, and calibration of radiation recording equipment, radiation equipment, nuclear equipment.

1. Organizations and individuals using equipment listed in the catalog of radiation recording equipment, radiation equipment, and nuclear equipment that require inspection and calibration must carry out inspection and calibration in the following cases:

a) Before putting the equipment into use;

b) Periodically;

c) After reinstalling or repairing the equipment which affects its safety performance and accuracy.

2. The Ministry of Science and Technology shall establish and maintain national standards for radiation measurement; issue specific regulations on inspection, calibration, and the catalog of radiation recording equipment, radiation equipment, and nuclear equipment requiring inspection and calibration.

Article 4. Environmental radiation monitoring and warning.

1. The national network for environmental radiation monitoring and warning is a specialized radiation monitoring network under the national natural resource and environmental monitoring system.

2. The national network for environmental radiation monitoring and warning shall cooperate with the national natural resource and environmental monitoring system to assess the current status of environmental radiation, radiation doses to the community; establish a database of environmental radiation and monitor, warn of any unusual radiation developments on Vietnamese territory.

3. The Ministry of Science and Technology shall draft and submit to the Prime Minister for approval the planning of the national network for environmental radiation monitoring and warning, functions, tasks, and coordination mechanisms of the national network for environmental radiation monitoring and warning within the national natural resource and environmental monitoring system; shall be responsible for organizing the construction and management of the national network for environmental radiation monitoring and warning after the Prime Minister's approval.

Article 5. Ensuring safe working conditions for radiation workers

The head of organizations and individuals holding permits to conduct radiation work shall be responsible for ensuring safe working conditions for radiation workers as follows:

1. Provide protective equipment, radiation recording devices, and personal dosimeters necessary for radiation workers when performing radiation work.

2. Organize training for newly recruited radiation workers and annual refresher courses on radiation safety and professional knowledge.

3. Conduct health examinations for newly recruited radiation workers; organize regular annual health examinations for radiation workers according to the regulations of the Ministry of Health.

4. Conduct individual dose assessments for radiation workers at least once every three months.

5. When radiation workers exceed the dose limit, the organization or individual holding the permit to conduct radiation work shall immediately perform the following tasks:

a) Transfer the overexposed radiation worker to a specialized medical facility for health check-up and monitoring;

b) Identify the cause of the overexposure and propose corrective measures;

c) Assign appropriate work to the overexposed radiation worker.

6. Comply with laws on occupational safety and hygiene.

The Ministry of Science and Technology shall be responsible for providing detailed guidance on the contents stipulated in Clauses 1, 2, 3, and 4 of this Article.

Article 6. Detecting lost, stolen, abandoned, illegally transferred, or unreported radioactive sources, nuclear materials, and nuclear equipment.

1. Organizations and individuals upon discovering or receiving information about lost, stolen, abandoned, illegally transferred, or unreported radioactive sources, nuclear materials, and nuclear equipment (hereinafter referred to collectively as radioactive sources, nuclear materials, and nuclear equipment outside control) shall immediately report the discovery to the People's Committee or the nearest public security agency or the Department of Science and Technology.

2. The customs authority at the border gate must equip technical means and implement necessary measures to detect radioactive sources and nuclear materials at the border gate.

3. Facilities using scrap iron and steel to produce steel must have measures or equipment to detect radioactive sources and nuclear materials.

4. The Ministry of Science and Technology shall be responsible for coordinating with relevant ministries and sectors to guide and organize the implementation of measures to detect radioactive sources, nuclear materials, and uncontrolled nuclear equipment.

Article 7. Responsibilities of agencies during the process of detecting, handling radioactive sources, nuclear materials, and uncontrolled nuclear equipment.

1. The People's Committee or public security agency receiving information about uncontrolled radioactive sources, nuclear materials, and nuclear equipment shall promptly notify the provincial Department of Science and Technology.

2. The Provincial Department of Science and Technology has the responsibility:

a) Upon receiving information about uncontrolled radioactive sources, nuclear materials, and nuclear equipment, coordinate with the provincial public security agency and related agencies to verify the information and organize searches.

b) When uncontrolled radioactive sources, nuclear materials, and nuclear equipment are found, instruct relevant organizations and individuals to immediately implement safety and security measures.

c) Notify the Radiation and Nuclear Safety Agency to cooperate in searching, handling, and reporting to the provincial People's Committee on the detection and handling process.

3. The provincial public security agency shall be responsible for:

a) Coordinating with the Radiation and Nuclear Safety Agency, the Department of Science and Technology, and related agencies and organizations to verify information, participate in searches, and implement measures to ensure order and security.

b) Cooperate with the Radiation and Nuclear Safety Agency, the Department of Science and Technology, and related agencies and organizations to investigate and determine ownership; organizations and individuals who have managed and used radioactive sources, nuclear materials, and nuclear equipment for handling according to the law.

4. The Radiation and Nuclear Safety Agency shall be responsible for:

a) When receiving information about uncontrolled radioactive sources, nuclear materials, and nuclear equipment, provide professional guidance and technical support to the provincial public security agency; the Department of Science and Technology in verifying information and organizing searches.

b) Coordinate with related agencies, organizations, and individuals to apply measures to handle uncontrolled radioactive sources, nuclear materials, and nuclear equipment that have been found.

c) Report to the Minister of Science and Technology on the detection and handling process.

5. The Ministry of Science and Technology shall be responsible for:

a) Coordinating with relevant ministries and sectors to guide and organize the implementation of measures to search for, handle uncontrolled radioactive sources, nuclear materials, and nuclear equipment.

b) Establish and operate a storage facility for uncontrolled radioactive sources, nuclear materials, and nuclear equipment.

c) Report to the Prime Minister on the detection and handling process for serious cases.

Article 8. Funding to ensure the detection, search, handling, and storage of uncontrolled radioactive sources, nuclear materials, and nuclear equipment.

1. The state budget shall ensure funding for customs authorities at border gates, the Radiation and Nuclear Safety Agency, the Department of Science and Technology, and state organizations with technical support functions to carry out the detection, search, handling, and storage of uncontrolled radioactive sources, nuclear materials, and nuclear equipment, including:

a) Investment funds for equipment and construction of facilities to store uncontrolled radioactive sources, nuclear materials, and nuclear equipment.

b) Funds for searching, handling, and storing uncontrolled radioactive sources, nuclear materials, and nuclear equipment.

The Ministry of Finance shall coordinate with the Ministry of Science and Technology to provide detailed guidelines on the funding specified in this clause.

2. In cases where the owner or holder of uncontrolled radioactive sources, nuclear materials, and nuclear equipment that has been stolen, lost, abandoned, or illegally transferred can be identified, such organization or individual shall bear all costs for searching, handling, and storing uncontrolled radioactive sources, nuclear materials, and nuclear equipment as stipulated in point b, Clause 1 of this Article.

Article 9. Control of safety in the transit transport of radioactive materials and activities of ships and other motorized vessels powered by nuclear energy.

1. The transit transport of radioactive materials through Vietnam's territory and the operation of ships and other motorized vessels powered by nuclear energy within Vietnam's territory must be approved by the Prime Minister in writing before the Ministry of Science and Technology issues a permit.

If a permit is not issued, the Ministry of Science and Technology must notify the organization or individual applying for the permit in writing.

2. Organizations and individuals specified in Clause 1 of this Article must submit an application for a permit to conduct radiation work in accordance with the regulations of the Ministry of Science and Technology.

3. The Radiation and Nuclear Safety Agency and related agencies shall monitor the transit transport of radioactive materials through Vietnam's territory and the operation of ships and other motorized vessels powered by nuclear energy within Vietnam's territory.

4. The Ministry of Science and Technology shall provide detailed guidelines on the control of safety in the transit transport of radioactive materials through Vietnam's territory and the operation of ships and other motorized vessels powered by nuclear energy within Vietnam's territory.

Article 10. Mechanism for coordination between customs authorities and related agencies in the control of import and export of radioactive materials and nuclear equipment at border gates.

1. Customs authorities at border gates shall be responsible for:

a) Prioritizing clearance procedures for radioactive materials and nuclear equipment that meet packaging, transportation, import, and export permit conditions for radioactive materials and nuclear equipment, and updating information in the database on radioactive materials and nuclear equipment as prescribed by the Ministry of Science and Technology.

b) In case radioactive materials and nuclear equipment do not meet the conditions stipulated in point a, Clause 1, Article this, a record must be made; they must be seized; safety and security measures must be applied according to regulations while immediately notifying the Ministry of Science and Technology through the Radiation and Nuclear Safety Agency for coordination in handling;

c) In case a radiation incident or nuclear accident occurs due to radioactive materials and nuclear equipment at border gates, emergency response measures planned according to the Ministry of Science and Technology's regulations must be implemented while immediately notifying the provincial People's Committee and the Radiation and Nuclear Safety Agency for coordination in handling;

d) Annually submit reports on the import and export situation of radioactive materials and nuclear equipment to the Ministry of Science and Technology for compilation and reporting to the Prime Minister;

2. The Radiation and Nuclear Safety Agency shall be responsible for:

a) Guide business operations and provide technical support to customs agencies at border gates in the control of imports and exports of radioactive materials and nuclear equipment;

b) Take the lead and coordinate with the Department of Science and Technology and related agencies to promptly take measures as prescribed upon receiving notifications according to points b and c, Clause 1, Article this;

3. The Department of Science and Technology shall have the responsibility to assist the provincial People's Committee:

a) Coordinate with customs agencies at border gates to inspect and handle to ensure radiation safety and nuclear safety in cases where radioactive materials and nuclear equipment do not meet the clearance conditions stipulated in point b, Clause 1, Article this;

b) Coordinate with the Radiation and Nuclear Safety Agency in handling radiation incidents and nuclear accidents caused by radioactive materials and nuclear equipment at border gates;

4. Other agencies at border gates, depending on their functions and tasks, shall have the responsibility to support and coordinate with customs agencies at border gates in cases stipulated in points b and c, Clause 1, Article this;

Article 11. Determining the level of the incident and publicizing it through mass media;

1. The level of the incident to be publicized through mass media when an incident occurs is determined as follows:

a) Level 1 incident is a violation of internal work rules, equipment malfunction that may cause loss of safety for the protection system, but the principle of multiple layers of protection remains intact;

b) Level 2 incident is a violation of safety regulations, protective equipment damage but the protection system remains intact; radiation workers are exposed to more than the occupational dose limit but not more than ten times; the radiation dose rate in the workplace exceeds 50 millisieverts per hour (mSv/h) or there is radioactive contamination requiring remediation actions in areas designed not to be contaminated under normal conditions;

c) Level 3 incident is a failure of the protection system leading to leakage of radioactive material causing contamination in areas designed not to be contaminated under normal conditions, resulting in radiation exposure to the public but not exceeding the public dose limit; radiation workers are exposed to more than ten times the occupational dose limit or the radiation dose rate in the workplace exceeds 1 sievert per hour (Sv/h);

d) Level 4 incident is an accident involving the melting or damage of nuclear reactor fuel rods, releasing over 0.1% of the total radioactive material from the operational zone; for other nuclear facilities, it is an accident releasing a large amount of radioactive material, with radiation workers at risk of death; causing radiation exposure to the public but not exceeding the public dose limit;

đ) Level 5 incident is an accident due to damage to the operational zone of a nuclear reactor; for other nuclear facilities, it is an accident releasing a large amount of radioactive material, with radiation workers dying from radiation exposure; causing harm to human health and the environment outside the facility, requiring some emergency response measures beyond the facility;

e) Level 6 incident is a serious accident involving a nuclear reactor, releasing a quantity of radioactive material equivalent to thousands to tens of thousands of terabecquerels (TBq) of I-131 into the environment; for other nuclear facilities, it is a serious accident releasing a large amount of radioactive material into the environment, causing many deaths, requiring all emergency response measures in the provincial emergency plan;

g) Level 7 incident is a nuclear disaster due to a nuclear reactor explosion and the release of a very large amount of radioactive material into the environment over a wide area, requiring national-level emergency response plans;

2. When an incident occurs, the Ministry of Science and Technology shall have the responsibility to take the lead and coordinate with relevant ministries and agencies to determine the level of the incident and notify about the incident on mass media regarding:

a) The radiological situation at the incident site, the forecast of the incident's development and its impacts on the community and the environment;

b) Actions and measures to protect public health;

Article 12. Fees and charges;

1. Types of fees in the field of atomic energy include:

a) Fees for safety and security assessment to issue permits for radiation work;

b) Fees for condition assessment to issue registration certificates for supporting services for the application of atomic energy;

c) Fees for condition assessment to issue certificates of practice for supporting services for the application of atomic energy;

d) Fees for using services in the field of atomic energy;

2. Types of charges in the field of atomic energy include:

a) Charges for issuing permits for radiation work;

b) Charges for issuing registration certificates for activities of supporting services for the application of atomic energy;

c) Charges for issuing certificates of practice for supporting services for the application of atomic energy;

d) Charges for issuing radiation worker certificates;

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to specify the collection rates, collection procedures, payment, management, and use of the types of fees and charges stipulated in Clauses 1 and 2 of this Article;

Article 13. Professional insurance, civil liability insurance, and environmental damage compensation insurance;

1. Professional insurance, civil liability insurance, and environmental damage compensation insurance stipulated in Clause 1, Article 90 of the Atomic Energy Law are mandatory insurances.

2. Organizations and individuals granted permits to carry out the following radiation works shall be responsible for purchasing environmental damage liability insurance:

a) Operating research nuclear reactors and nuclear power plants;

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

c) Mining and processing radioactive ores;

d) Treating radioactive waste, used radioactive sources, and used nuclear fuel.

3. Insurance enterprises engaged in mandatory insurance may not refuse to sell the types of insurance specified in Clauses 1 and 2 of this Article.

4. The Ministry of Finance shall issue insurance rules, terms, premium rates, and minimum insurance amounts for each type of insurance specified in Clauses 1 and 2 of this Article. Premium rates shall be determined based on the potential for damage caused by radiation activities.

Article 14. Transitional Provisions

1. Radiation facilities and radiation workers' licenses already issued by competent state management agencies before this Decree takes effect shall continue to be valid until their expiration date.

2. Application files for licenses submitted by radiation facilities and radiation workers to competent state management agencies but not yet processed before this Decree takes effect must be updated and supplemented in accordance with the Atomic Energy Law.

Article 15. Effectiveness

This Decree takes effect from March 15, 2010.

Article 16. Responsibility for Implementation

1. The Minister of Science and Technology is responsible for organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.