Decree No. 107/2013/NĐ-CP on administrative penalties in the field of atomic energy

DECREE

Provisions on administrative penalties for violations

in the field of atomic energy

__________________________

On the basis of Law organized by the Government on December 25, 2001;

On the basis of Law handling administrative violations on June 20, 2012;

On the basis of Law atomic energy on June 3, 2008;

Pursuant to the proposal of the Minister of Science and Technology;

The Government issues this Decree to stipulate administrative penalties for violations in the field of atomic energy,

PART I

GENERAL PROVISIONS

1. This Decree stipulates acts of administrative violation, forms and levels of penalty, measures to remedy consequences, administrative penalty authority in the field of atomic energy, including acts of administrative violation in scientific research and technological development activities in the field of atomic energy; construction, operation, maintenance, exploitation, management, and dismantling of nuclear facilities, radiation facilities; exploration, exploitation, processing, and use of radioactive ores; production, storage, use, transportation, transfer, export, and import of radioactive sources, radiation equipment, nuclear fuel, nuclear material sources, nuclear materials, and nuclear equipment; treatment and storage of radioactive waste and supporting services for the application of atomic energy.

2. Acts of administrative violation related to the field of atomic energy not specified in this Decree but regulated in other Decrees on administrative penalties shall be subject to the provisions of those Decrees for penalties.

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

1. Medical X-ray equipment inspection is the examination of the quality of medical diagnostic X-ray equipment, determining and certifying the operating mode of the equipment by organizations permitted by competent state authorities to conduct inspections.

2. Calibration is the adjustment of radiation equipment and radiation measurement equipment to standard measuring devices or standard radiation sources to ensure accuracy.

4. Radiation measurement equipment is a means or tool for measuring radiation dose, radioactivity activity, and identifying radioactive isotopes.

5. Radioactive waste generated from production, trial production, processing, and ore mining activities is secondary products or waste containing natural radioactive sources capable of causing an effective dose exceeding 1 mSv per year to the public.

6. Decontamination is the process of removing or reducing radioactive contamination on objects to permissible levels through physical, chemical, or biological processes.

In addition to the main form of administrative penalty and supplementary administrative penalty, violators may also be subject to one or more remedial measures as follows:

1. Compel the implementation of radiation safety and nuclear safety measures;

2. Compel the search, retrieval, and recovery of radioactive substances, contaminated radioactive objects, radioactive materials, radioactive sources, nuclear material sources, and nuclear equipment;

3. Compel decontamination of contaminated areas to meet national technical standards for the environment;

4. Compel the re-exportation of radioactive substances, radioactive sources, radioactive waste, consumer goods irradiated or containing radioactive substances, nuclear material sources, nuclear materials, and nuclear equipment;

5. Prohibit the continued employment of radiation workers with abnormally high individual occupational exposure results;

6. Compel the implementation of measures to minimize adverse impacts on the environment to the greatest extent possible;

7. Compel environmental restoration;

8. Compel the demolition of construction projects or parts thereof without permits, not in accordance with permits, or not in accordance with approved designs;

9. Compel the entry of individual occupational exposure data into the national occupational exposure database;

10. Compel the recovery of provided service results;

Article 4. Provisions on the amount of fines and the authority to impose administrative penalties on individuals and organizations

1. The amount of fine for acts of administrative violation prescribed in Chapter II of this Decree for individuals, except for acts of administrative violation prescribed in Clause 9, Article 6; Clause 3, Article 7; Clauses 5, 6, 7, 8, Article 14; Clause 2, Article 15; Clause 2, Article 22; Articles 24, 25, and 26; Clause 3, Article 27; and Clause 2, Article 40 of this Decree, shall be the amount of fine for individuals. The maximum fine for individuals is 1,000,000,000 VND.

The amount of fine for the same act of administrative violation by an organization is twice the amount of fine for an individual. The maximum fine for an organization is 2,000,000,000 VND.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

Section 1

ADMINISTRATIVE VIOLATIONS

REGARDING DECLARATION AND LICENSE ISSUANCE

Article 5. Violation of regulations on declaration of radioactive materials, radioactive waste, used radiation sources, radiation equipment, nuclear materials, nuclear equipment, and used nuclear fuel

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not declaring to the competent state agency within seven working days from the date of having medical diagnostic X-ray equipment, veterinary X-ray equipment;

b) Not supplementing declarations to the competent state agency with changed information compared to the radiation work permit application file regarding the name of the individual or organization holding the permit, safety officer, facility address, status of radiation equipment within ten working days from the date of change;

c) Declaring incomplete information about radioactive sources as prescribed.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Not declaring to the competent state agency within seven working days from the date of having radioactive material, radiation equipment, except for violations prescribed at Point a, Clause 1 of this Article;

b) Not declaring the use of radioactive sources, radiation equipment to the competent state agency where the mobile radiation activity takes place;

c) Not reporting to the competent state agency about the transfer, assignment of radiation equipment within ten working days from the date the equipment is transferred out of the facility.

3. A fine of between 3,000,000 VND and 6,000,000 VND for any of the following acts:

a) Not declaring radioactive waste generated from radiation work;

b) Not declaring radioactive waste generated from production, trial production, processing, exploration, mining of ores, minerals;

c) Not declaring used radioactive sources within thirty working days from the date of non-use of the radioactive source;

d) Not declaring each time receiving radioactive waste, used radioactive sources when operating a national radioactive waste storage facility, service activities for processing, storing radioactive waste, used radioactive sources.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Not declaring nuclear material sources, nuclear materials, nuclear equipment, used nuclear fuel;

b) Not declaring radioactive waste generated from nuclear facility operations;

c) Declaring incomplete information about nuclear materials, nuclear equipment as prescribed.

5. Additional forms of punishment:

Suspension of nuclear equipment usage activities for one to three months for violations prescribed at Point a, Clause 4 of this Article.

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for conducting radiation work when the permit has expired but not more than thirty working days.

2. Conducting radiation work when the permit has been expired for more than thirty working days shall be punished according to the provisions of Clauses 3, 4, 5, 6, 7, 8, and 9 of this Article.

3. A fine of from VND 3,000,000 to VND 6,000,000 shall be imposed for using medical X-ray diagnostic equipment or veterinary X-ray equipment without a permit.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts without a permit:

a) Using radioactive materials, radiation equipment, except for the equipment specified in Clause 3, Point a Clause 6 of this Article;

b) Storing radioactive sources;

c) Exporting, importing, temporarily exporting for re-importing, temporarily importing for re-exporting radioactive materials;

đ) Activities generating radioactive waste, except for the activities specified in Clauses 5, 6, 7, 8, and 9 of this Article.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts without a permit:

a) Transporting radioactive sources, radioactive waste;

b) Treating, storing, burying radioactive waste, used radioactive sources.

6. A fine of from VND 20,000,000 to VND 35,000,000 shall be imposed for any of the following acts without a permit:

a) Using accelerators, industrial irradiation equipment, teletherapy equipment, gamma knife equipment, industrial radiography equipment, gamma field systems, gamma cells;

b) Transporting radioactive materials, radioactive waste through the territory of Vietnam;

c) Producing, processing radioactive materials;

d) Exploring, mining, processing radioactive ores.

7. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts without a permit:

a) Exporting, importing, temporarily exporting for re-importing, temporarily importing for re-exporting nuclear material sources, nuclear materials, nuclear equipment;

b) Using nuclear materials outside the nuclear fuel cycle;

c) Changing the scale or scope of operation of a nuclear facility;

d) Transporting nuclear material sources, nuclear materials, nuclear fuel, used nuclear fuel;

đ) Treating, storing, burying used nuclear fuel.

8. A fine of from VND 40,000,000 to VND 70,000,000 shall be imposed for any of the following acts without a permit:

a) Transporting nuclear material sources, nuclear materials, nuclear fuel, used nuclear fuel through the territory of Vietnam;

b) Operating ships, means of transport, equipment, machinery powered by nuclear energy.

9. A fine of from VND 200,000,000 to VND 400,000,000 shall be imposed on organizations that operate or test nuclear reactors without a permit.

10. Additional forms of punishment:

a) Suspension of the use of radioactive sources, radiation equipment for a period of one to three months for violations stipulated in Clause 1, Clause 2, Clause 3, Point a Clause 4, Point a Clause 6 of this Article;

b) Suspension of the use of equipment, means of transport, machinery, engines, nuclear reactors for a period of one to three months for violations stipulated in Point b Clause 8, Clause 9 of this Article.

11. Remedial measures:

a) Compelling the re-export of imported radioactive materials for violations stipulated in Point c Clause 4 of this Article;

b) Compelling the re-export of imported nuclear material sources, nuclear materials, nuclear equipment for violations stipulated in Point a Clause 7 of this Article.

Article 7. Violation of conditions recorded in the radiation work permit

1. A fine of from VND 2,000,000 to VND 5,000,000 for violating any of the conditions specified in the permit, except for violations subject to penalties under other provisions of this Decree.

2. A fine of from VND 3,000,000 to VND 6,000,000 for using radioactive sources or radiation equipment for purposes other than those specified in the radiation work permit.

3. A fine of from VND 20,000,000 to VND 40,000,000 for organizations with nuclear facilities that fail to comply with the contents specified in the permit, except for violations stipulated in Clause 3, Article 18 of this Decree.

4. Additional forms of administrative punishment:

Revocation of the right to use the radiation work permit for a period of from one to three months for violations stipulated in Clause 2 and Clause 3 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS

ON RADIATION SAFETY AND NUCLEAR SAFETY

Article 8. Violation of regulations on dose control for the public and radiation workers

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not having personal dosimeter usage instructions posted at the workplace of radiation workers;

b) Not informing radiation workers of the results of individual dose assessment;

a) Allowing the public dose, radiation worker dose to exceed the prescribed dose limit;

b) Not conducting regular radiation monitoring at the workplace of radiation workers as required or at least once a year;

c) Not equipping radiation workers with personal dosimeters;

d) Not organizing individual dose assessment for radiation workers at least once every three months;

đ) Not taking measures when individual dose results are abnormally high.

3. Measures to remedy consequences:

Compelling not to assign radiation workers with abnormally high individual dose results to continue performing radiation work for violations stipulated in Point đ, Clause 2 of this Article.

Article 9. Violation of regulations on radiation monitoring for contaminated radioactive scrap metal

1. A fine of from VND 4,000,000 to VND 8,000,000 for failing to report to the competent state agency within 24 hours from the discovery of radioactive substances or contaminated objects mixed in scrap metal or semi-finished steel billets.

2. A fine of from VND 5,000,000 to VND 10,000,000 for failing to organize monitoring and detection of radioactive substances or contaminated objects mixed in scrap metal or semi-finished steel billets during export, import, production, circulation, and recycling.

3. Measures to remedy consequences:

Compelling the recovery of radioactive substances and contaminated objects; compelling decontamination of the contaminated area for violations stipulated in Clause 2 of this Article.

Article 10. Violation of regulations on controlled areas and supervised areas

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not having radiation warning signs or radiation warning symbols in controlled areas and supervised areas;

b) Not having rules for entering and exiting controlled areas and supervised areas;

c) Not arranging personnel to supervise entry and exit from controlled areas.

2. A fine of from VND 3,000,000 to VND 6,000,000 for any of the following acts:

a) Not establishing a controlled area where potential radiation dose exceeds or equals 6 mSv/year, except for violations stipulated in Clause 3 of this Article;

b) Not establishing a supervised area where potential radiation dose exceeds 1 mSv/year and is less than 6 mSv/year.

3. A fine of from VND 5,000,000 to VND 10,000,000 for failing to establish a controlled area where potential radiation dose exceeds or equals 6 mSv/year when using radiotherapy machines, accelerators, industrial irradiation equipment, or nuclear reactor control rooms.

4. Measures to remedy consequences:

Compelling the implementation of measures to ensure radiation safety and nuclear safety for violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 11. Violation of regulations on surface contamination control and air contamination control for facilities using open radioactive sources

A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

1. Not installing exhaust cabinets;

2. Not using decontaminable materials for walls, floors, and work surfaces;

3. Not arranging ventilation systems with radiation filters;

4. Not equipping dosimeters and radiation contamination detectors to monitor and assess radiation contamination levels.

Article 12. Violation of regulations on testing and calibrating radiation measurement equipment, radiation devices, and radiotherapy sources

1. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Not conducting regular testing of medical X-ray diagnostic equipment as prescribed;

b) Not calibrating radiation measurement equipment as prescribed;

d) Using uncalibrated or not yet re-approved radiation devices by competent state authorities after repair for diagnosis and treatment;

e) Using substandard radioactive sources and radiation devices for diagnosis and treatment in diagnosis and treatment.

2. Additional forms of punishment:

Suspension of activities using radiation measurement equipment, radiation devices, and radiotherapy sources for one to three months for violations stipulated in Clause 1 of this Article.

Article 13. Violation of regulations on occupational protection for radiation workers

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of not providing written guidance to radiation workers on the use of personal protective equipment, dose monitoring equipment, and radiation contamination detection equipment.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Not providing appropriate protective equipment for personnel working with open radioactive sources;

b) Not providing appropriate protective equipment for personnel using X-ray equipment for imaging and diagnosis;

3. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts when managing and using open radioactive sources:

a) Not providing suitable radiation dose monitoring equipment for personnel in controlled areas;

b) Not arranging hand washing stations, showers, storage areas for contaminated clothing and equipment, and body contamination detection equipment at exits from controlled areas;

c) Providing radiation dose monitoring equipment and body contamination detection equipment specified in Point a and Point b of Clause 3 of this Article that do not meet national technical standards or international standards.

a) Not providing appropriate protective equipment for operators of interventional X-ray equipment and participants in interventional procedures;

b) Not providing radiation source tongs and gloves for personnel working with radioactive sources in well logging exploration.

5. Additional forms of punishment:

Suspension of activities using radiation dose monitoring equipment and radiation contamination detection equipment for one to three months for violations stipulated in Point c of Clause 3 of this Article.

Article 14. Violation of regulations on radiation safety and nuclear documentation

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not retaining any of the following documents:

a) Inspection and supervision conclusions, documents regarding the implementation of requirements from competent state agencies;

b) Safety assessment reports for radiation work.

2. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for the act of not establishing or not retaining any of the following files or documents:

a) Files on radioactive sources, radiation equipment, changes, repairs, upgrades to radiation equipment;

b) Radiation area monitoring files for radiation workers;

c) Maintenance, inspection, calibration files for radiation measurement equipment, radiation equipment;

d) Operation and usage logs for radiation equipment, radioactive sources;

đ) Incident files during the conduct of radiation work;

e) Training files, health files of radiation workers;

g) Radiation dose files of radiation workers;

h) Application files for permits to conduct radiation work;

i) Disposal, storage, burial files for radioactive waste;

k) Shipping files for radioactive materials when transporting radioactive materials.

3. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Not transferring the files specified in Point b Clause 1, Points a, b, c, d, e, and g Clause 2 of this Article to competent state agencies before ceasing operations;

b) Not transferring the files specified in Point a and Point c Clause 2 of this Article to the new owner or user entity when radioactive sources, radiation equipment are transferred to the new entity.

4. A fine of VND 6,000,000 to VND 12,000,000 shall be imposed for the act of not retaining the safety analysis report for the radiation facility when applying for construction permits, changing scale and scope of operation, or ceasing operations as prescribed.

5. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on organizations for the act of not establishing or not retaining any of the following files:

a) Files on nuclear materials, nuclear equipment, changes, repairs, upgrades to nuclear equipment;

b) Maintenance, inspection files for nuclear equipment.

6. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed on organizations for the act of not establishing upgrade files for nuclear facilities.

7. A fine of VND 100,000,000 to VND 160,000,000 shall be imposed on organizations for the act of not retaining the safety analysis report in the application file for approval of the location of nuclear power plants.

8. A fine of VND 120,000,000 to VND 200,000,000 shall be imposed on organizations for the act of not retaining upgrade files for nuclear facilities.

Article 15. Violation of regulations on radiation worker certificates

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for the act of assigning a person without a radiation worker certificate to undertake any of the following tasks:

a) Safety management;

b) Decontamination management;

c) Accelerator operation;

d) Radiographic equipment operation;

đ) Radioisotope production;

e) Industrial radiography photography.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on organizations for the act of assigning a person without a radiation worker certificate to undertake any of the following tasks:

a) Nuclear reactor chief engineer;

b) Shift supervisor for nuclear reactor operation;

c) Radiation incident response management, nuclear incident response management;

d) Nuclear fuel management;

đ) Nuclear reactor operation.

Article 16. Violation of regulations on reporting the current status of radiation work safety

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of not reporting annually on the current status of radiation work safety to the competent state agency for radiation work facilities.

2. A fine of from VND 6,000,000 to VND 12,000,000 shall be imposed on the act of not reporting annually on the current status of radiation work safety to the competent state agency for nuclear facilities.

Article 17. Violation of regulations on transporting radioactive materials

1. A fine of from VND 3,000,000 to VND 6,000,000 shall be imposed on the act of not packaging radioactive materials in consignments of radioactive goods according to regulations by the consignor.

2. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed on one of the following acts of the transporter:

a) Not affixing warning labels for radioactive materials on the transport vehicle during the transportation of radioactive substances;

b) Not establishing a facility-level emergency response plan as prescribed;

c) Not developing and implementing plans to ensure safety and security as prescribed;

d) Using transport vehicles that do not comply with radiation safety regulations;

đ) Not assigning personnel responsible for radiation safety during transportation;

e) Transporting consignments or transferring radioactive goods beyond the specified transport index;

g) Transporting radioactive substances under conditions where the radiation dose in the driver's cabin and at the seating position exceeds the radiation safety regulations;

h) Not fully implementing technical measures to ensure safety during transportation;

i) Not reporting to the competent state agency within 24 hours from the time when the consignment of radioactive goods is found without a recipient;

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) The consignee does not notify the consignor or does not report to the competent state agency within 24 hours from the time when the received consignment of radioactive goods is found to be inconsistent with the transportation contract regarding type and quantity; the consignment of radioactive goods shows signs of damage, dismantling, or radioactive leakage;

b) The entity storing consignments of radioactive goods at intermediate storage facilities does not report to the competent state agency within 24 hours from the time when the consignment is found to show signs of damage, dismantling, or radioactive leakage, or the consignment has no recipient.

4. A fine of from VND 50,000,000 to VND 100,000,000 shall be imposed on the act of dropping or spilling radioactive materials during transportation.

5. Measures to remedy consequences:

Order the search and recovery of lost or spilled radioactive materials; order the decontamination of contaminated areas to meet national technical standards for the environment for violations stipulated in Clause 4 of this Article.

Article 18. Violation of regulations on producing, trading, importing consumer goods that have been irradiated or contain radioactive substances, importing radiation equipment, nuclear equipment, radioactive sources, and radioactive waste

1. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Importing or trading consumer goods that have been irradiated or contain radioactive substances which are permitted but not clearly marked on the product label;

b) Importing radioactive materials or radiation equipment that do not conform to the technical parameters, quantities, characteristics, or origin stated in the permit.

2. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed on one of the following acts:

a) Importing consumer goods that have been irradiated which are not included in the list of permitted imports or are included in the list of permitted imports but exceed the permitted level of irradiation or radioactive content;

b) Producing or trading consumer goods with a higher radioactive activity than the prescribed level.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of importing nuclear equipment that does not conform to the technical parameters, quantities, characteristics, or origin stated in the permit.

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on the act of importing radiation equipment or radioactive sources that are not included in the list of permitted imports.

5. A fine of from VND 150,000,000 to VND 300,000,000 shall be imposed on the act of importing radioactive waste.

6. Measures to remedy consequences:

a) Order the recall and destruction of goods for violations stipulated in Point b Clause 2 of this Article;

b) Order the re-export of radioactive materials, radiation equipment, consumer goods that have been irradiated, nuclear equipment, and radioactive waste for violations stipulated in Point b Clause 1, Point a Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 19. Violations concerning the handling of radiation incidents and nuclear incidents

1. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

b) Not reporting to the competent state agency about the location where the incident occurred and related information within 24 hours from the time of discovering the radiation incident;

c) Not providing information, documents, not cooperating with agencies and organizations in addressing and investigating the cause of the radiation incident;

d) Not complying, not fully and promptly complying with urgent mobilization orders regarding human resources, materials, and equipment issued by the competent state agency to address the radiation incident;

đ) Obstructing or not properly following instructions when agencies and organizations are addressing the radiation incident;

e) Not conducting an investigation into the cause of the radiation incident as prescribed.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Not reporting to the competent state agency about the location where the incident occurred and related information within 24 hours from the time of discovering the nuclear incident;

b) Not providing information, documents, not cooperating with agencies and organizations in addressing and investigating the cause of the nuclear incident;

c) Not complying, not fully and promptly complying with urgent mobilization orders regarding human resources, materials, and equipment issued by the competent state agency to address the nuclear incident;

d) Obstructing or not properly following instructions when agencies and organizations are addressing the nuclear incident;

đ) Not conducting an investigation into the cause of the nuclear incident as prescribed.

3. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for the act of causing a radiation incident, except for violations subject to punishment under other provisions of this Decree.

4. A fine of VND 500,000,000 to VND 1,000,000,000 shall be imposed for the act of causing a nuclear incident if the violation does not reach the level of criminal liability.

5. Measures to remedy consequences:

Order the recovery of radioactive sources and nuclear materials; order the decontamination of contaminated areas to meet national technical standards for the environment for violations stipulated in Clause 3 and Clause 4 of this Article.

Article 20. Violations concerning the storage, treatment, and burial of radioactive waste, used radioactive sources, and used nuclear fuel

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not establishing a plan for classifying and treating radioactive waste.

2. A fine of from VND 3,000,000 to VND 6,000,000 for any of the following acts:

a) Classifying and treating radioactive waste and used radioactive sources not according to the established plan or not in accordance with national technical standards, national standards, and international standards;

b) Not taking measures to reduce radioactive waste at the source of generation;

c) Not separating radioactive waste from ordinary waste during collection and treatment.

3. A fine of VND 8,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Not preparing a burial status report when burying radioactive waste;

b) Not preparing a burial map to submit to the competent state agency when burying radioactive waste.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Using nuclear fuel without a plan for managing and storing used nuclear fuel;

b) Treating used nuclear fuel not in accordance with national technical standards, national standards, and international standards.

5. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed for any of the following acts:

a) Establishing a radioactive waste storage facility or burial site for radioactive waste without approval from the competent state agency;

b) Selecting a location for building a radioactive waste storage facility or burial site for radioactive waste not in accordance with national technical standards, national standards, and international standards.

6. Measures to remedy consequences:

Order the demolition of construction works for violations stipulated in Point a Clause 5 of this Article.

Article 21. Violation of provisions on handling and liquidation of radioactive contaminated objects

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to implement measures for storing and handling radioactive contaminated objects as prescribed.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for liquidating radioactive contaminated objects with a higher level of radioactive contamination than prescribed.

3. Measures to remedy consequences:

a) Compel the recovery of radioactive contaminated objects for storage and handling in cases of violation as stipulated in Clause 2 of this Article;

b) Compel environmental restoration in cases of violation as stipulated in Clause 2 of this Article.

Article 22. Violation of provisions on dismantling, decontaminating radiation facilities and nuclear facilities upon cessation of operations

1. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following acts when ceasing operations at a radiation facility:

a) Not having a decision recognizing that the radiation facility has fulfilled its responsibility for ensuring radiation safety issued by the competent state agency;

b) Not submitting to the competent state agency for approval a plan for dismantling, decontaminating, and disposing of radiation sources and radioactive waste;

c) Dismantling the radiation facility, decontaminating, and disposing of radioactive sources and radioactive waste not in accordance with the plan approved by the competent state agency;

d) Dismantling and decontaminating not in compliance with national technical standards, national standards, and international standards.

2. A fine of VND 80,000,000 to VND 160,000,000 shall be imposed on organizations for any of the following acts when ceasing operations at a nuclear facility:

a) Not having a decision recognizing that the nuclear facility has fulfilled its responsibility for ensuring radiation and nuclear safety issued by the competent state agency;

b) Not submitting to the competent state agency for approval a plan for dismantling, decontaminating, and disposing of nuclear fuel, nuclear equipment, and radioactive waste;

c) Dismantling, decontaminating, and disposing of nuclear fuel, nuclear equipment, and radioactive waste not in accordance with the plan approved by the competent state agency;

d) Dismantling, decontaminating, and disposing of nuclear fuel, nuclear equipment, and radioactive waste not in compliance with national technical standards, national standards, and international standards.

3. Measures to remedy consequences:

Compel decontamination of the radiated area to meet national technical standards for the environment; compel environmental restoration for violations as stipulated in Point d, Clause 1, and Point d, Clause 2 of this Article.

Article 23. Violation of provisions on safety assessment and environmental restoration for radioactive ore exploration, mining, and processing facilities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Not reporting to the competent state agency the results of implementing measures to minimize adverse impacts on the environment;

b) Not reporting to the competent state agency the results of preparing maps of areas for ore exploration, mining, and processing that have ceased operations;

c) Not reporting to the competent state agency the results of implementing environmental restoration after the end of each phase of exploration, mining, and processing activities;

d) Not reporting to the competent state agency the results of implementing environmental restoration after the end of all exploration, mining, and processing activities.

2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following acts when conducting exploration, mining, and processing of radioactive ores:

a) Not preparing a safety assessment report for submission to the competent state agency; the safety assessment report does not comply fully with the prescribed requirements;

b) Not preparing a map of areas for ore exploration, mining, and processing that have ceased operations as prescribed.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for failing to implement measures to minimize adverse impacts on the environment as prescribed.

4. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed for failing to implement environmental restoration after the end of each phase or all activities of exploration, mining, and processing.

5. Measures to remedy consequences:

a) Compel implementation of measures to minimize adverse impacts on the environment for violations as stipulated in Clause 3 of this Article;

b) Compel environmental restoration for violations as stipulated in Clause 4 of this Article.

Article 24. Violation of provisions on construction to change the scale and scope of operation of nuclear facilities

1. A fine of from 40,000,000 VND to 70,000,000 VND shall be imposed on organizations committing one of the following acts:

a) Constructing or changing the scale and scope of operation of nuclear facilities without following the approved design;

b) Failing to implement the decision of the competent state agency regarding the suspension of construction of nuclear facilities.

2. Measures to remedy consequences:

Forced demolition of the construction project or part thereof for violations stipulated in Point a Clause 1 of this Article.

Article 25. Violation of provisions on radiation monitoring regime and reporting results of monitoring when managing and using nuclear reactors

1. A fine of from 60,000,000 VND to 100,000,000 VND shall be imposed on organizations committing one of the following acts:

a) Failing to report to the competent state agency the periodic monitoring results as prescribed;

b) Failing to report to the competent state agency within 72 hours from the time of detecting abnormal monitoring results that may adversely affect the environment and human health.

2. A fine of from 100,000,000 VND to 160,000,000 VND shall be imposed on organizations failing to conduct environmental radiation monitoring at locations with nuclear reactors.

Article 26. Violation of provisions on operating nuclear reactors

1. A fine of from 60,000,000 VND to 100,000,000 VND shall be imposed on organizations failing to prepare and submit to the competent state agency trial operation reports and safety analysis reports of nuclear reactors.

2. A fine of from 300,000,000 VND to 600,000,000 VND shall be imposed on organizations failing to comply with the regulations on trial operation of nuclear reactors.

Article 27. Other violations concerning radiation safety and nuclear safety

1. Warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed on the act of not placing radiation warning signs, danger warning signs, and radiation activity indicator lights at the entrance of rooms where medical diagnostic X-ray equipment, veterinary X-ray equipment are placed and operated.

2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on one of the following acts when managing and using radioactive sources and radiation devices:

a) Failing to place radiation warning signs, danger warning signs, radiation warning lights, and radiation activity indicator lights at the entrance of rooms where radiation devices are placed and operated, except for the violation stipulated in Clause 1 of this Article;

b) Failing to place danger warning signs for radioactive sources at their placement locations;

c) Failing to install radiation warning devices at facilities equipped with accelerators, irradiation sterilization devices, material processing devices, industrial radiography devices, remote radiotherapy facilities, and facilities for mining and processing radioactive ores;

d) Not having radiation safety rules and appropriate work procedures;

đ) Radiation safety rules lacking one of the provisions on: work procedures; safety instructions; wearing personal dosimeters; using personal protective equipment; using radiation measuring devices; notifying responsible persons when unusual phenomena that could cause safety risks occur;

e) Radiation workers not implementing or not fully implementing radiation safety rules and work procedures;

h) Failing to organize radiation safety and nuclear knowledge training for radiation workers as prescribed;

i) Not having operational, usage, storage, maintenance, and repair procedures for radiation devices and radioactive sources; such procedures not being affixed at designated locations;

k) Using individuals under 18 years old for radiation work;

l) Allowing trainees under 18 years old to use radiation sources in controlled areas or surveillance areas without the presence of a specialist instructor;

m) Failing to organize annual health check-ups for radiation workers as prescribed.

3. A fine of from 30,000,000 VND to 60,000,000 VND shall be imposed on organizations with nuclear reactors failing to install radiation warning devices.

Section 3

ADMINISTRATIVE VIOLATIONS CONCERNING RADIATION SOURCE SECURITY,

NUCLEAR MATERIALS, AND NUCLEAR DEVICES

Article 28. Violation of radiation source security regulations when using and storing radiation sources at Security Level A

1. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for failing to establish or implement one of the following procedures:

a) Ensuring radiation source security during working hours and outside working hours;

b) Activities of security forces;

c) Emergency response to loss of radiation source security;

d) Controlling entry and exit of persons in the security-controlled area;

đ) Managing locks and keys.

a) Not establishing a security-controlled area; not having security instructions in the radiation source security-controlled area;

b) Not installing equipment to detect and alarm unauthorized access to the security-controlled area and the room housing the radiation source;

c) Not locking the entrances and exits of the security-controlled area; not locking the entrances and exits of the room housing the radiation source;

d) Not counting the radiation sources daily;

đ) Without written authorization from the head of the facility or authorized person, without handover records when transferring radiation sources within the facility;

e) Not organizing security forces to monitor surveillance, detection, and alarm equipment in the security-controlled area; not organizing emergency response forces to promptly prevent unauthorized access to the radiation source.

3. A fine of VND 7,000,000 to VND 14,000,000 shall be imposed for one of the following acts:

a) Not taking timely emergency measures, investigating the cause, and finding remedial measures when unauthorized access to the radiation source occurs;

b) Not reporting to the competent state agency within five working days from the date of unauthorized access to the radiation source.

4. A fine of VND 8,000,000 to VND 16,000,000 shall be imposed for one of the following acts when storing radiation sources at Security Level A:

a) Not using a separate warehouse to store radiation sources;

b) Not storing radiation sources in containment devices or protective containers with locks; not applying measures to limit the ability to move radiation sources.

Article 29. Violation of radiation source security regulations when using fixed radiation sources and high-dose rate brachytherapy radiation sources at Security Level B

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for failing to establish or implement one of the following procedures:

a) Ensuring radiation source security during working hours and outside working hours;

b) Emergency response to loss of radiation source security;

c) Controlling entry and exit of persons in the security-controlled area;

d) Managing locks and keys.

2. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for one of the following acts:

a) Not establishing a security-controlled area; not having security instructions in the radiation source security-controlled area;

b) Not locking the entrances and exits of the security-controlled area; not locking the entrances and exits of the room housing the radiation source;

c) Not counting the radiation sources weekly;

đ) Not organizing security forces to monitor the security-controlled area; not organizing emergency response forces to promptly prevent unauthorized access to the radiation source.

3. A fine of VND 6,000,000 to VND 12,000,000 shall be imposed for one of the following acts:

a) Not taking timely emergency measures, investigating the cause, and finding remedial measures when unauthorized access to the radiation source occurs;

b) Not reporting to the competent state agency within five working days from the date of unauthorized access to the radiation source.

Article 30. Violation of radiation source security regulations when using mobile radiation sources at Security Level B

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for failing to establish or implement procedures for managing locks and keys of the radiation source storage facility.

2. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for one of the following acts:

a) Not providing a secure storage location for radiation sources on-site during non-use periods;

c) Not counting radiation sources after each work shift; not conducting regular weekly counts of radiation sources;

d) Not setting up barriers, not arranging continuous supervision of the area where radiation work is being conducted;

đ) Not installing security locks in the storage area for radiation sources;

e) Not organizing response forces to promptly prevent unauthorized access to radiation sources on-site;

g) Not assigning a person responsible for ensuring radiation source security on-site.

3. A fine of VND 6,000,000 to VND 12,000,000 shall be imposed for one of the following acts:

a) Not taking timely emergency measures, investigating the cause, and finding remedial measures when unauthorized access to the radiation source occurs;

b) Not reporting to the competent state agency within five working days from the date of unauthorized access to the radiation source.

Article 31. Violation of radiation source security regulations when storing radiation sources at Security Level B

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for failing to establish or implement one of the following procedures:

a) Ensuring radiation source security during working hours and outside working hours;

b) Emergency response to loss of radiation source security;

c) Controlling entry and exit in the security-controlled area to detect and promptly prevent unauthorized entry and exit;

d) Managing locks and keys.

2. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for one of the following acts:

a) Not providing a separate warehouse for storing radiation sources;

b) Not storing radiation sources in containment devices or protective containers with locks; not applying measures to limit the possibility of moving radiation sources;

c) Not installing security locks on the doors of the warehouse storing radiation sources;

d) Not conducting weekly counts of radiation sources;

e) Not maintaining a warehouse logbook to control the receipt and dispatch of radiation sources from the warehouse;

g) Not organizing security forces to monitor the warehouse area storing radiation sources; not organizing response forces to promptly prevent unauthorized access to radiation sources.

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts when using fixed installed radiation sources at Security Level C:

a) Not establishing a security-controlled area around the location of the radiation source; not having security instructions in the security-controlled area for radiation sources;

b) Not making a metal cage with a lock to protect the radiation source container;

c) Not conducting monthly counts of radiation sources;

d) Not establishing or implementing procedures for controlling entry and exit in the security-controlled area;

đ) Not establishing or implementing emergency response procedures for loss of radiation source security;

e) Not having written authorization from the head of the facility or authorized person, not having handover records when transferring radiation sources within the facility.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts when using fixed installed radiation sources at Security Level C:

a) Not taking prompt response measures, investigating causes, and finding corrective measures when unauthorized access to radiation sources occurs;

b) Not reporting to the competent state agency within five working days from the date of unauthorized access to the radiation source.

3. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts when using mobile radiation sources at Security Level C:

a) Not setting up barriers, not arranging continuous supervision of the work area;

b) Not installing security locks in the storage area for radiation sources;

c) Not establishing or implementing procedures for managing locks and keys;

d) Not organizing response forces to promptly prevent unauthorized access to radiation sources on-site;

đ) Not assigning a person responsible for ensuring radiation source security on-site.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts when using mobile radiation sources at Security Level C:

a) Not taking prompt response measures, investigating causes, and finding corrective measures when unauthorized access to radiation sources occurs;

b) Not reporting to the competent state agency within five working days from the date of unauthorized access to radiation sources.

5. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts when storing radiation sources at Security Level C:

a) Not installing security locks on the entrance doors of the warehouse storing radiation sources; not establishing or implementing procedures for managing locks and keys;

b) Not conducting monthly counts of radiation sources;

c) Not having written authorization from the head of the facility or authorized person, not having handover records when transferring radiation sources within the facility;

d) Not maintaining a warehouse logbook to control the receipt and dispatch of radiation sources from the warehouse;

đ) Not organizing security forces to monitor unauthorized access to the warehouse area storing radiation sources; not organizing response forces to promptly prevent unauthorized access to radiation sources;

e) Not using a separate warehouse to store radiation sources;

g) Not storing radiation sources in containment devices or protective containers with locks; not applying measures to limit the possibility of moving radiation sources.

A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for the act of not conducting annual inventory checks when using or storing radioactive sources at Security Level D.

Article 34. Acts related to stolen, lost, illegally used, or transferred radioactive sources; losing or misplacing radioactive sources

Clause 1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for the act of not reporting to the competent state agency within 24 hours from the time of discovering stolen, lost, illegally used, or transferred radioactive sources that have not been declared.

Clause 2. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for the act of not reporting to the competent state agency within 24 hours from the time of discovering stolen or lost radioactive sources under one's management.

Clause 3. A fine of VND 7,000,000 to VND 14,000,000 shall be imposed for the act of not immediately applying necessary measures to recover stolen, lost, illegally used, or transferred radioactive sources.

Clause 4. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for the act of losing or misplacing radioactive sources at Security Level D during management or use.

Clause 5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of losing or misplacing radioactive sources at Security Level C during management or use.

Clause 6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of losing or misplacing radioactive sources at Security Level B during management or use.

Clause 7. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of losing or misplacing radioactive sources at Security Level A during management or use.

8. Additional forms of punishment:

Suspension of the right to use the radiation work permit for a period of one to three months for violations stipulated in Clauses 4, 5, 6, and 7 of this Article.

9. Remedial measures:

Compel the search for radioactive sources; compel decontamination of contaminated areas to meet national technical standards on the environment for violations stipulated in Clauses 5, 6, and 7 of this Article.

Article 35. Acts related to stolen, lost, illegally used, or transferred nuclear materials or equipment; losing or misplacing nuclear materials or equipment

Clause 1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not reporting to the competent state agency within 24 hours from the time of discovering stolen, lost, illegally used, or transferred nuclear materials or equipment that have not been declared.

Clause 2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for the act of not reporting to the competent state agency within 24 hours from the time of discovering lost or stolen nuclear materials or equipment under one's management.

Clause 3. A fine of VND 40,000,000 to VND 80,000,000 shall be imposed for the act of not immediately applying necessary measures to recover stolen, lost, illegally used, or transferred nuclear materials or equipment.

Clause 4. A fine of VND 300,000,000 to VND 500,000,000 shall be imposed for the act of losing or misplacing nuclear materials or equipment.

5. Additional forms of punishment:

Suspension of the right to use the radiation work permit for a period of one to three months for violations stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

Compel the search for nuclear materials or equipment; compel decontamination of contaminated areas to meet national technical standards on the environment for violations stipulated in Clause 4 of this Article.

Article 36. Violation of provisions on protecting the safety of the nuclear reactor area

1. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed for the act of not strictly controlling persons entering and exiting the nuclear reactor area.

2. A fine of from 50,000,000 VND to 100,000,000 VND shall be imposed for the act of not establishing restricted areas for passage or safety protection zones around the nuclear reactor, or establishing them insufficiently to ensure safety.

3. A fine of from 100,000,000 VND to 200,000,000 VND shall be imposed for the act of not implementing the protection of the nuclear reactor in accordance with the law regarding important works related to national security.

Article 37. Violation of provisions on nuclear control

1. A fine of from 60,000,000 VND to 100,000,000 VND shall be imposed on organizations managing and using research reactors; nuclear power plants; uranium enrichment facilities, nuclear fuel manufacturing facilities; recycling, storage, processing, burial facilities for used nuclear fuel; facilities with large quantities of nuclear materials or significant sources of nuclear material exceeding 1 kilogram of effective mass, if they commit any of the following acts:

a) Not submitting design documentation of the facility to the competent state agency before bringing nuclear material or significant source of nuclear material into the facility or before any change in the design documentation;

b) Not retaining nuclear accounting records throughout the period when nuclear material or significant source of nuclear material is present at the facility.

2. A fine of from 200,000,000 VND to 400,000,000 VND shall be imposed on organizations committing any of the following acts when managing and using nuclear facilities as stipulated in Clause 1 of this Article:

a) Not conducting nuclear accounting or not reporting the results of nuclear accounting as required by the competent state agency;

b) Not implementing measures to monitor nuclear material or significant source of nuclear material.

3. A fine of from 50,000,000 VND to 80,000,000 VND shall be imposed on organizations committing any of the following acts when using or storing nuclear material or significant source of nuclear material with a quantity of 0.001 kilogram or more of enriched uranium, 0.001 kilogram or more of plutonium, 1 kilogram or more of depleted uranium, 1 kilogram or more of natural uranium, or 1 kilogram or more of thorium, which are not nuclear facilities as stipulated in Clause 1 of this Article:

a) Not reporting information about the use, location of use of nuclear material or significant source of nuclear material, or any changes to such information, to the competent state agency;

b) Not complying with Points a and b of Clause 1, and Point a of Clause 2 of this Article.

4. Additional forms of administrative punishment:

Suspension of the right to use the radiation work permit for a period of from 01 month to 03 months for violations stipulated in Clauses 1 and 2 of this Article.

Article 38. Acts of appropriating, destroying, transferring, illegally using radioactive sources, nuclear materials, nuclear equipment, and infringing upon works, equipment, means ensuring safety and security in the field of atomic energy

1. A fine of from 50,000,000 VND to 100,000,000 VND shall be imposed for any of the following acts:

a) Infringing upon works, equipment, means serving activities to ensure safety and security in the field of atomic energy;

b) Appropriating, destroying, transferring, or illegally using radioactive sources;

c) Providing false information about nuclear incidents.

2. A fine of from 500,000,000 VND to 1,000,000,000 VND shall be imposed for the act of appropriating, destroying, transferring, or illegally using significant sources of nuclear material, nuclear material, or nuclear equipment.

3. Additional forms of punishment:

Deportation for foreigners committing violations stipulated in Clause 2 of this Article.

Section 4

VIOLATIONS OF ADMINISTRATIVE ACTIVITIES

SUPPORT SERVICES FOR THE APPLICATION OF ATOMIC ENERGY

AND ACTS OBSTRUCTING INSPECTION AND AUDIT ACTIVITIES

Article 39. Violation of regulations on registration for atomic energy application support services activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for conducting atomic energy application support services activities not in accordance with the contents registered and approved by competent state agencies.

2. A fine of VND 7,000,000 to VND 15,000,000 shall be imposed for failing to register atomic energy application support services activities as prescribed.

The right to use the registration certificate for atomic energy application support services activities shall be revoked for a period of from one month to three months for violations stipulated in Clause 1 of this Article.

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on individuals who independently conduct atomic energy application support services activities without an occupational certificate for such services.

2. A fine of VND 8,000,000 to VND 15,000,000 shall be imposed on organizations that conduct atomic energy application support services activities without having the required number of persons holding occupational certificates for such services as prescribed.

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts:

a) Not establishing or implementing a quality assurance program for medical diagnostic X-ray equipment inspection activities;

b) Not having procedures when performing measurements and inspections of radioactive sources and radiation equipment;

c) Not complying with the procedures already reviewed and approved by competent state agencies;

d) Not submitting individual dose readings results within the prescribed time limit;

đ) Lacking one of the following items: name and address of the organization conducting the radiation work; name of the individual receiving the dose reading; measurement period; dose value; measured quantity; confirmation by the service provider on the dose reading result form;

e) Recording incomplete or inaccurate information in: inspection reports on quality control, calibration reports for radiation equipment, nuclear equipment, radiation measuring equipment; inspection reports on radiation areas, safety assessments, radiation technology evaluation and appraisal, nuclear technology;

g) Not providing written instructions to customers on the correct use of personal dosimeters as prescribed.

2. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for one of the following acts:

a) Not setting up control zones, surveillance zones, and restricting access when conducting calibration and testing of radiation measuring equipment, radiation equipment, nuclear equipment; decontamination, installation of radioactive sources;

b) Not reporting to competent state agencies when radiation workers are exposed to excessive doses;

c) Not retaining records related to atomic energy application support services activities;

d) Not entering occupational radiation exposure data into the national database on occupational radiation exposure as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Providing inaccurate or substandard service results;

b) Using unsuitable or non-compliant equipment in atomic energy application support services activities;

c) Causing radiation equipment to operate contrary to the manufacturer's operating principles;

d) Issuing safety inspection certificates when safety conditions are not guaranteed.

4. The right to use the registration certificate for atomic energy application support services activities shall be revoked for a period of from six months to twelve months in cases of repeated violations of the provisions at points a, b, c, and d of Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the entry of individual occupational radiation exposure data into the national database on occupational radiation exposure for violations stipulated in Point d of Clause 2 of this Article;

b) Compelling the recall of provided service results for violations stipulated in Point a of Clause 3 of this Article;

c) Compelling the recall of issued safety inspection certificates for violations stipulated in Point d of Clause 3 of this Article.

Article 42. Acts obstructing inspection and supervision activities

1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on acts of not providing or providing incomplete or not within the prescribed time limit information and documents related to the content of inspection and supervision as required by competent state agencies, except for acts violating the provisions of Clause 5 of this Article.

2. A fine from VND 3,000,000 to VND 6,000,000 shall be imposed on acts of providing false records, documents, or information about radioactive sources, radiation equipment, nuclear materials, nuclear equipment, or other radiation safety, nuclear safety information to the inspection and supervision team or competent state agencies.

3. The right to use the permit to conduct radiation work, registration certificate for nuclear energy application service activities, or nuclear energy application service practice certificate shall be revoked for six months to twelve months in cases where the provisions of Clause 2 of this Article are violated causing serious consequences.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Insulting or threatening persons performing official duties;

b) Evading, obstructing, or delaying the implementation of contents, requirements, or recommendations of authorized persons conducting inspections and supervisions or decisions on radiation safety, nuclear safety inspections and supervisions;

c) Unauthorizedly breaking seals, changing positions, or altering sealed marks on radioactive sources or radiation equipment when such sources or equipment are temporarily detained or sealed by the inspection agency.

5. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on acts of not providing or providing incomplete or not within the prescribed time limit documents as required by competent state agencies during inspections and supervisions concerning the installation, trial operation, acceptance, construction, change in scale, or scope of operation of nuclear reactors.

6. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on any of the following acts:

a) Not cooperating with competent state agencies in inspecting and supervising the dismantling, decontamination, and handling of nuclear fuel, nuclear equipment, and radioactive waste;

b) Evading, delaying, creating difficulties, obstructing, or not cooperating with competent state agencies in on-site inspections to ensure compliance with approved designs.

Chapter III

AUTHORITY TO IMPOSE PENALTIES

1. Science and technology inspectors, persons assigned to perform specialized inspection tasks on radiation safety and nuclear safety while performing official duties have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

2. Heads of Science and Technology Departments' Inspection Agencies, Heads of Radiation Safety and Nuclear Safety Inspection Agencies, Leaders of specialized inspection teams of Science and Technology Departments, Leaders of specialized inspection teams of Radiation Safety and Nuclear Safety Inspection Agencies have the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoke the right to use permits or certificates of practice in the field of atomic energy for a limited period; suspend operations for a limited period;

d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

d) Apply remedial measures as stipulated in Article 3 of this Decree.

3. Leaders of specialized inspection teams of the Ministry of Science and Technology have the authority to:

a) To issue warnings;

b) Impose a fine up to 250,000,000 VND;

c) Revoke the right to use permits or certificates of practice in the field of atomic energy for a limited period; suspend operations for a limited period;

d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

d) Apply remedial measures as stipulated in Article 3 of this Decree.

4. Heads of the Ministry of Science and Technology's Inspection Agency, Directors of the Radiation Safety and Nuclear Safety Inspection Agency have the authority to:

a) To issue warnings;

b) Impose a fine up to 1,000,000,000 VND;

c) Revoke the right to use permits or certificates of practice in the field of atomic energy for a limited period; suspend operations for a limited period;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures as stipulated in Article 3 of this Decree.

Article 44. Competence to handle administrative violations of the Chairpersons of People's Committees at all levels

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoke the right to use permits or certificates of practice in the field of atomic energy for a limited period; suspend operations for a limited period;

d) Confiscating objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

d) Apply measures to remedy consequences prescribed in Article 3 of this Decree, except for the re-export measure prescribed in Clause 4, Article 3 of this Decree.

2. The Chairman of the People's Committee of a provincial-level city has the right:

a) To issue warnings;

b) Impose a fine up to 1,000,000,000 VND;

c) Revoke the right to use permits or certificates of practice in the field of atomic energy for a limited period; suspend operations for a limited period;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures as stipulated in Article 3 of this Decree.

1. The person authorized to impose fines of the public security agency has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their jurisdiction as stipulated in Articles 39 and 52 of the Law on Handling Administrative Violations.

2. The person authorized to impose fines of the customs agency has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree related to export and import of goods and services associated with export and import of goods within their jurisdiction as stipulated in Articles 42 and 52 of the Law on Handling Administrative Violations.

3. The person authorized to impose fines of other specialized inspection agencies has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their jurisdiction as stipulated in Articles 46 and 52 of the Law on Handling Administrative Violations.

Officials specified in Articles 43, 44, and 45 of this Decree and civil servants and officials performing official duties who discover administrative violations in the field of atomic energy shall have the right to prepare administrative violation records as prescribed.

Chapter IV

IMPLEMENTING PROVISIONS

Article 47. Effective Date

Article 49. Responsibility for guiding and implementing the Decree

1. The Minister of Science and Technology shall be responsible for guiding and organizing the implementation of this Decree.

Article 48. Transitional Provisions

For administrative violations in the field of atomic energy occurring before July 1, 2013, but discovered later or still under consideration and resolution, provisions favorable to organizations and individuals violating the law shall be applied.

Article 49. Responsibilities for guiding and implementing the Decree

1. The Minister of Science and Technology shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.