Decree No. 111/2009/NĐ-CP on administrative sanctions for violations in the field of atomic energy

 

 

DECREE

Regulations on Administrative Sanctions for Violations in the Field of Atomic Energy

_______________________________

THE GOVERNMENT

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

Based on the Atomic Energy Law dated June 3, 2008;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Science and Technology,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms and levels of sanctions, measures to remedy consequences, authority and procedures for imposing administrative sanctions in the field of atomic energy.

2. An act of administrative violation in the field of atomic energy is an intentional or negligent act by an individual or organization (hereinafter referred to as individual or organization) that violates the provisions of laws on atomic energy but does not constitute a crime and must be subject to administrative sanction according to the law.

3. Other acts of administrative violations in the field of atomic energy not provided for in this Decree shall be governed by other Decrees of the Government on administrative sanctions in the fields of state management related thereto.

Article 2. Applicability

Individuals and organizations of Vietnam, foreign individuals and organizations committing administrative violations in the field of atomic energy on the territory of Vietnam shall be subject to administrative sanctions as prescribed in this Decree.

Article 3. Explanation of Terms

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

1. Radioactive contamination means the presence of radioactive substances inside or on the surface of objects or in other places unintentionally which may cause harm.

2. Decontamination is the process of removing or reducing radioactive contamination at the object to permissible levels through physical, chemical, or biological processes.

3. Radiation measurement equipment is a tool or device used to measure radiation dose, radioactive activity, and determine radioactive isotopes.

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

5. Controlled area is a defined zone where radiation protection measures and safety regulations must be applied to control radiation exposure levels or prevent the spread of radioactive contamination under normal working conditions, while preventing or limiting the increase in radiation risk.

6. Supervised area is a defined zone, although not considered a controlled area, does not require the application of radiation protection measures and special safety regulations, but needs to monitor occupational radiation conditions.

Article 4. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. For each act of administrative violation in the field of atomic energy, the violator must bear one of the following main forms of punishment:

a) To issue warnings;

b) Fine.

The maximum fine for administrative violations in the field of atomic energy is 100,000,000 VND.

2. In addition to the main form of punishment, depending on the nature and degree of violation, individuals and organizations committing administrative violations in the field of atomic energy may also be subject to one or more supplementary forms of punishment as follows:

a) Revocation of the right to use licenses, certificates of practice in the field of atomic energy for up to six months.

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations may also be subject to one or more remedial measures as follows:

a) Compel the implementation of radiation safety and nuclear safety measures.

b) Compel radiation monitoring of work areas and surrounding environments, compel compliance with environmental radiation monitoring regulations.

c) Compel decontamination of contaminated areas to meet national technical standards for the environment.

d) Compel relocation of radiation facilities, placement of radiation equipment to another location; compel redesigning, reconstructing, and building radiation equipment rooms according to regulations.

đ) Compel recovery, destruction, burial of items, goods containing radioactive materials according to the law.

e) Compel reconstruction, shielding according to specified standards to ensure safety for the surrounding environment.

g) Compel re-exportation of imported contraband.

h) Compel recovery of scattered contraband, trace sources of radiation to restore initial conditions.

i) Compel implementation of security measures for radioactive sources, nuclear materials, nuclear equipment according to regulations.

k) Temporarily suspend the use of radioactive sources, radiation equipment until declaration, licensing, inspection, calibration of radiation measurement equipment, radiation equipment, nuclear equipment are completed; completion of repair, upgrade of radiation equipment, arrangement of rooms meeting specified standards to conduct radiation work, implementation of radiation safety and radioactive source security measures according to regulations.

Additionally, individuals and organizations committing administrative violations may be subject to other remedial measures prescribed in Chapter II of this Decree.

4. Costs for remedying consequences caused by individuals and organizations committing administrative violations are regulated as follows:

a) Individuals and organizations committing violations must bear all costs for remedying consequences caused by their violations.

b) In cases where individuals and organizations intentionally fail to implement remedial measures, coercive measures will be applied and they must bear all costs for applying such coercive measures.

c) In cases where individuals and organizations committing administrative violations cannot implement remedial measures due to violations or have fled, the management agency will use state budget funds to implement remedial measures. Individuals and organizations committing administrative violations must repay the funds to the agency implementing the remedial measures.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Section 1

 VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON DECLARATION AND LICENSE ISSUANCE

Article 5. Acts violating regulations on reporting radioactive materials, radioactive waste; used radiation sources; radiation equipment, nuclear source materials, nuclear materials, nuclear equipment; used nuclear fuel

1. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not reporting to the competent state agency within seven days from the date of having radioactive material, radiation equipment as prescribed in Article 72 of the Atomic Energy Law;

b) Not reporting radioactive waste generated from radiation work;

c) Reporting incomplete information on radiation sources as prescribed in Clause 3, Article 22 of the Atomic Energy Law;

d) Not supplementing changed information in the application for a permit for radiation work regarding the name of the individual or organization granted the permit, safety officer, address of the facility, status of radiation equipment within ten days from the date of change;

đ) Not reporting used radiation sources to the radiation safety, nuclear agency within one month from the date of ceasing to use the radiation source;

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

a) Not reporting nuclear source materials, nuclear materials, nuclear equipment, used nuclear fuel to the competent state agency as prescribed in Article 72 of the Atomic Energy Law;

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

c) Reporting incomplete information on nuclear materials, nuclear equipment as prescribed in Clause 3, Article 22 of the Atomic Energy Law;

3. Remedial measures: Temporarily suspending the operation of radiation sources, radiation equipment, nuclear equipment until such radiation sources, radiation equipment, nuclear equipment are permitted to operate for violations under this Article.

Article 6. Acts violating regulations on permits

1. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed for any of the following acts without a permit:

a) Using radioactive material, radiation equipment, except for the equipment specified in point a, Clause 3 of this Article;

b) Constructing, changing the scale, scope of operation of a radiation facility;

c) Storing radiation sources;

d) Exporting, importing, temporarily exporting for re-importation, temporarily importing for re-exportation of radioactive material;

đ) Activities generating radioactive waste, except for the activities specified in Clauses 2, 3, 4, 5 of this Article;

2. 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) Transporting radioactive sources, radioactive waste;

b) Treating, storing, burying radioactive waste, used radiation sources;

c) Constructing, changing the scale, scope of operation of a nuclear facility;

d) Exporting, importing, temporarily exporting for re-importation, temporarily importing for re-exportation of nuclear source materials, nuclear materials, nuclear equipment;

đ) Using nuclear materials outside the nuclear fuel cycle;

3. A fine of from VND 25,000,000 to VND 40,000,000 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.

4. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following acts without a permit:

a) Enriching uranium, manufacturing nuclear fuel;

b) Testing, operating a nuclear reactor;

c) Transporting nuclear source materials, nuclear materials, nuclear fuel, used nuclear fuel;

d) Treating, storing, burying used nuclear fuel;

5. A fine of from VND 70,000,000 to VND 100,000,000 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 a ship, vehicle powered by nuclear energy;

6. Remedial measures: Temporarily suspending the operation of radiation sources, radiation equipment until obtaining a permit for radiation work for violations at points a, Clause 1, point a, Clause 3 of this Article.

Article 7. Acts of using a radiation work permit beyond its validity period

1. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed on acts of using a radiation work permit that has expired but not more than thirty days from the date of expiration of the permit.

2. Acts of using a permit that has been expired for more than thirty days shall be punished according to the provisions of Article 6 of this Decree.

3. Measures to remedy consequences: Temporarily suspend the operation of radioactive sources, radiation equipment until the permit is renewed or a new radiation work permit is issued for violations under this Article.

Article 8. Acts violating conditions stipulated in the permit

1. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed on acts violating any of the conditions stipulated in the radiation work permit, except for the provisions at point c, Clause 2, Article 10 of this Decree.

2. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed on acts of using radioactive sources, radiation equipment for purposes other than those specified in the radiation work permit.

3. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on acts of performing activities not in accordance with the contents specified in the permit issued by competent state agencies for nuclear facilities.

4. Additional forms of punishment: Revocation of the right to use the permit for up to six months for acts violating the provisions of Clauses 2 and 3 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS CONCERNING RADIATION SAFETY AND NUCLEAR SAFETY

Article 9. Acts violating regulations on the transport of radioactive materials

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed on any of the following acts of the consignor:

a) Not packaging radioactive material in radioactive packages in accordance with national technical standards or international standards recognized;

b) Not informing safety and security requirements, not providing relevant documents related to the transported goods to the carrier as prescribed;

c) Not keeping records of consignment.

2. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed on any of the following acts of the carrier:

a) Refusing to transport safely packaged radioactive material when requisitioned by a competent state agency;

b) Not establishing a site-level emergency response plan as prescribed in Clause 2, Article 62 of the Atomic Energy Law;

c) Not developing, not implementing plans to ensure safety and security as prescribed in Clause 1, Article 62 of the Atomic Energy Law;

d) Not conducting drills for emergency response during transportation when transporting radioactive waste, radioactive substances with a level of danger above average, nuclear materials as prescribed;

đ) Using transportation means that do not comply with the prescribed radiation safety standards;

e) Not arranging personnel responsible for radiation safety during transportation;

g) Transporting packages, shipments of radioactive substances exceeding the transport index as prescribed;

h) Transporting radioactive substances under conditions where the radiation dose in the driver's cabin and at the location of the person sitting exceeds the radiation safety regulations;

i) Not reporting to the radiation safety, nuclear authority within twenty-four hours when the package of radioactive material is not received;

3. A fine of from VND 5,000,000 to VND 8,000,000 shall be imposed on any of the following acts:

a) The recipient does not notify the consignor, does not report to the radiation safety, nuclear authority within twenty-four hours when discovering that the received package of radioactive material does not match the type and quantity specified in the transportation contract; when the radioactive material shows signs of damage, dismantling, leakage of radioactivity;

b) The entity storing the package at an intermediate storage facility does not immediately report to the radiation safety, nuclear authority within twenty-four hours when discovering that the package shows signs of damage, dismantling, leakage of radioactivity, the package is not received;

4. A fine from 50,000,000 VND to 70,000,000 VND shall be imposed for any of the following acts:

a) Sending radioactive waste, nuclear materials by postal service;

b) Spilling radioactive material during transportation.

5. Measures to remedy consequences: Compel decontamination, search, recovery of lost, spilled, leaked radioactive material; compensate for damages caused by violations under this Article.

Article 10. Acts violating regulations on the production, importation of consumer goods subject to irradiation or containing radioactive materials, or the importation of radiation equipment, radioactive sources, and radioactive waste

1. A fine of VND 8,000,000 to VND 15,000,000 shall be imposed for importing consumer goods that have been irradiated or contain radioactive materials but do not clearly indicate this information on the product label as prescribed.

2. A fine of VND 20,000,000 to VND 35,000,000 shall be imposed for any of the following acts:

a) Importing consumer goods that have been irradiated without being included in the list of permitted imports; irradiated beyond the prescribed limit; or containing radioactive materials beyond the prescribed limit;

b) Producing or trading consumer goods with a higher radioactivity level than the national technical regulation standard;

c) Importing radioactive materials, radiation equipment, nuclear equipment that do not comply with the technical parameters, quantities, characteristics, and origin stated in the permit;

d) Importing radiation equipment, radioactive sources not included in the list of permitted imports.

3. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for importing radioactive waste.

4. Additional forms of punishment and measures to remedy consequences:

a) Compelling the recall of goods with non-compliant labels and rectifying the labeling violations before continuing to circulate the goods for the violation under Clause 1 of this Article;

b) Compelling the destruction or suspension of circulation of goods for a certain period for the violation under Point b, Clause 2 of this Article. In cases where the destruction measure cannot be applied or the violator does not carry out the destruction, the goods shall be confiscated for destruction according to regulations;

c) Compelling the re-exportation of goods for the violations under Points a, c, d, Clause 2 and Clause 3 of this Article.

Article 11. Acts violating the establishment, retention, and transfer of radiation safety and nuclear activity records

1. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed for failing to establish or retain any of the following records:

a) Records on radioactive sources, nuclear materials, radiation equipment, nuclear equipment, changes, repairs, and upgrades of radiation equipment, nuclear equipment;

b) Radiation inspection, measurement, maintenance, testing, and calibration records of radiation measuring equipment, radiation equipment, nuclear equipment;

c) Operation and usage logs of radiation equipment, radioactive sources, and incident reports during the conduct of radiation work;

d) Training records, health records, and radiation dose records of radiation workers;

đ) Inspection conclusions, enforcement documents, and compliance reports to regulatory authorities;

e) Application records for permits to conduct radiation work as stipulated in Article 76 of the Atomic Energy Law;

g) Records on the handling, storage, and burial of radioactive waste;

h) Safety assessment reports for radiation work as stipulated in Clause 2 of Article 19 of the Atomic Energy Law;

i) Safety analysis reports for radiation facilities when applying for construction permits, changing scale and scope of operations, or ceasing operations as stipulated in Article 35 of the Atomic Energy Law;

2. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Failing to transfer the records specified in Points a, b, c, d, đ, g of Clause 1 of this Article to the radiation safety and nuclear authority before ceasing operations;

b) Failing to transfer the records specified in Points a and b of Clause 1 of this Article to the new owner or user when radioactive sources, nuclear materials, radiation equipment, or nuclear equipment are transferred to them;

c) Failing to transfer the records specified in Points c and đ of Clause 1 of this Article to the radiation safety and nuclear authority when radioactive sources, nuclear materials, radiation equipment, or nuclear equipment are transferred to a new owner or user;

d) Failing to transfer the records specified in Point d of Clause 1 of this Article to the entity receiving radiation workers when they are transferred to work at another radiation facility;

đ) Failing to submit, submitting incompletely, or submitting late the records specified in Clause 1 of this Article to the competent state management agency upon request.

3. Measures to remedy consequences:

a) Compelling the transfer of the records specified in Points a, b, c, d, đ, g of Clause 1 of this Article to the radiation safety and nuclear authority for the violation under Point a of Clause 2 of this Article.

b) Compelling the transfer of the records specified in Points a and b of Clause 1 of this Article to the new owner or user for the violation under Point b of Clause 2 of this Article;

c) Compelling the transfer of the records specified in Points c and đ of Clause 1 of this Article to the radiation safety and nuclear authority for the violation under Point c of Clause 2 of this Article;

d) Compelling the transfer of the records specified in Point d of Clause 1 of this Article to the entity receiving radiation workers for the violation under Point d of Clause 2 of this Article.

Article 12. Violations concerning radiation worker certificates

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed on the act of assigning a person without a radiation worker certificate to perform one 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 from VND 12,000,000 to VND 20,000,000 shall be imposed on the act of assigning a person without a radiation worker certificate to perform one 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 13. Violations concerning radiation dose control caused by radiation work

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

a) Allowing radiation doses for the public and radiation workers to exceed the limit; failing to implement, or implementing inadequately, regulations and guidelines on radiation dose control and safety assurance in occupational and public radiation exposure;

b) Failing to ensure radiation doses for patients in diagnosis and treatment according to medical radiation dose guidance levels.

2. Measures to remedy consequences: Compel ensuring that radiation doses for the public and radiation workers do not exceed the limit; ensure radiation doses for patients according to medical radiation dose guidance levels for violations under this Article.

Article 14. Other violations concerning radiation safety, nuclear safety

1. A warning or a fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts when managing and using radioactive sources and radiation equipment:

a) Not having safety, security, and radiation warning signs at designated locations;

b) Not having radiation safety rules for radiation facilities, radiation safety rules not being posted at designated locations; failing to implement, or implementing inadequately, the contents of radiation safety rules.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts of nuclear facilities:

a) Not having safety, security, and radiation warning signs at designated locations;

b) Not having radiation and nuclear safety rules, radiation and nuclear safety rules not being posted at designated locations; failing to implement, or implementing inadequately, the contents of radiation and nuclear safety rules.

3. A fine of from VND 5,000,000 to VND 8,000,000 shall be imposed on any of the following acts:

a) Not appointing a safety officer as prescribed; not defining the responsibilities and authorities of the safety officer in writing;

b) Not organizing training on radiation and nuclear safety knowledge for radiation workers as prescribed;

c) Not developing and implementing a facility-level emergency response plan according to the content stipulated in Clause 2, Article 83 of the Atomic Energy Law;

d) Not having operating procedures for radiation equipment and radioactive sources; operating procedures not being posted at designated locations.

4. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Not organizing regular health check-ups for radiation workers as prescribed;

b) Not providing personal dosimeters for radiation workers;

c) Not conducting individual dose assessments for radiation workers at least once every three months;

d) Not providing appropriate personal protective equipment for radiation workers;

đ) Not providing suitable equipment and tools for radiation workers when working with radioactive materials;

e) Not providing appropriate shielding equipment and tools for each type of nuclear technology application work;

g) Not having radiation warning devices for facilities with reactors, accelerators, irradiation sterilization equipment, irradiation material processing equipment, industrial radiographic equipment; remote radiotherapy facilities, facilities for mining and processing radioactive ores;

h) Using rooms with dimensions not meeting the prescribed standards to conduct radiation work;

i) Not establishing controlled areas, surveillance areas, and restricted access zones as prescribed.

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

a) Not reporting or reporting incompletely the content prescribed in Clause 2, Article 20 of the Atomic Energy Law on the annual status of radiation work safety to the competent state management agency for radiation and nuclear safety;

b) Not regularly monitoring radiation levels in the workplace of radiation workers and the surrounding environment of radiation facilities as prescribed;

c) Not regularly testing and calibrating radiation measurement equipment, radiation equipment, and nuclear equipment as prescribed;

d) Not regularly calibrating medical radiation therapy sources as prescribed;

đ) Using radiation equipment that has not been calibrated or approved for reuse by the competent authority after repair;

e) Using radioactive sources and radiation equipment that do not meet standards for diagnosis and treatment in healthcare.

6. A fine of from VND 12,000,000 to VND 20,000,000 shall be imposed on the act of not reporting the annual status of radiation work safety to the competent state management agency for radiation and nuclear safety of nuclear facilities.

7. Measures to remedy consequences:

a) Compel the establishment of a radiation accident prevention and remediation plan for violations at point c, Clause 3 of this Article;

b) Compel posting operating procedures for radiation equipment and radioactive sources at designated locations for violations at point d, Clause 3 of this Article;

c) Compel providing personal dosimeters and conducting individual dose assessments for violations at points b and c, Clause 4 of this Article;

d) Temporarily suspend the operation of radioactive sources and radiation equipment until a room meeting the prescribed standards is provided for radiation work for violations at point h, Clause 4 of this Article;

đ) Compel establishing controlled areas and restricted access zones as prescribed for violations at point i, Clause 4 of this Article;

e) Compel reporting the status of radiation work safety to the radiation and nuclear safety agency as prescribed for violations at point a, Clause 5, and Clause 6 of this Article;

g) Compel regular radiation monitoring of the workplace of radiation workers and the surrounding environment of radiation facilities for violations at point b, Clause 5 of this Article;

h) Temporarily suspend the operation of radiation measurement equipment, radiation equipment, and nuclear equipment until they are tested and calibrated for violations at point c, Clause 5 of this Article;

i) Temporarily suspend the operation of medical radiation therapy sources until they are calibrated for violations at point d, Clause 5 of this Article;

k) Temporarily suspend the operation of radiation-emitting equipment until such equipment is calibrated for the violation specified in point đ, Clause 5, Article this;

l) Temporarily suspend the operation of radioactive sources and radiation-emitting equipment until such sources and equipment are repaired and upgraded to meet standards for the violation specified in point e, Clause 5, Article this;

Article 15. Violations concerning the handling of radiation incidents and nuclear incidents

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failing to report a radiation incident to the superior authority, People's Committee, public security agencies where the incident occurred, or the radiation safety agency within 24 hours upon discovery of the location of the incident and related information;

b) Failing to provide information, documents, or necessary support for the remediation and investigation of the cause of the radiation incident;

c) Failing to comply with, or complying inadequately and promptly with, emergency mobilization orders from the competent ministry or sector, or from the direct superior organization regarding human resources, materials, and means to address the radiation incident;

d) Obstructing or failing to follow instructions when competent authorities are addressing the radiation incident;

đ) Failing to conduct an investigation of the radiation incident as prescribed;

2. A fine of from VND 12,000,000 to VND 20,000,000 shall be imposed for allowing a radiation incident to occur;

3. A fine of from VND 20,000,000 to VND 35,000,000 shall be imposed for any of the following acts:

a) Failing to report a nuclear incident to the People's Committee, public security agencies where the incident occurred, or the radiation safety agency within 24 hours upon discovery of the location of the incident and related information;

b) Failing to provide information, documents, or necessary support for the remediation and investigation of the cause of the nuclear incident;

c) Failing to comply with, or complying inadequately and promptly with, emergency mobilization orders from the direct superior organization, or from the competent ministry or sector regarding human resources, materials, and means to address the nuclear incident;

d) Obstructing or failing to follow instructions when competent authorities are addressing the nuclear incident;

đ) Failing to conduct an investigation of the nuclear incident as prescribed;

4. A fine of from VND 35,000,000 to VND 50,000,000 shall be imposed for allowing a nuclear incident to occur;

5. Measures to remedy consequences: Compel the remediation of consequences and restoration to the original state for violations under Clause 2 and Clause 4 of this Article;

Article 16. Violations concerning the storage, treatment, and burial of radioactive waste, used radioactive sources, and used nuclear fuel;

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failing to develop a plan for classifying and treating radioactive waste;

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

c) Failing to separate radioactive waste from general waste during collection and treatment;

d) Failing to classify and treat radioactive waste according to the developed plan;

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

a) Classifying and treating radioactive waste and used radioactive sources not in accordance with national technical standards or internationally recognized standards;

b) Burying radioactive waste without preparing a burial status report or establishing a burial map to submit to the radiation safety agency;

3. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed for any of the following acts:

a) Using nuclear fuel without a plan for managing and storing used nuclear fuel in a safe and secure manner;

b) Treating used nuclear fuel not in accordance with national technical standards or internationally recognized standards;

4. A fine from 50,000,000 VND to 70,000,000 VND shall be imposed for any of the following acts:

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

b) Selecting a location for a national radioactive waste storage facility or burial site not in accordance with national technical standards or internationally recognized standards;

5. For the act of burying radioactive waste in the environment at unauthorized locations or in violation of regulations causing adverse effects on the environment, penalties shall be imposed in accordance with environmental protection laws;

6. Measures to remedy consequences:

a) Compel the establishment of a plan for classifying, storing, and treating radioactive waste and used nuclear fuel for violations under point a, Clause 1, and point a, Clause 3 of this Article;

b) Compel the implementation of measures to reduce radioactive waste at its source, separating radioactive waste from general waste during collection and treatment for violations under points b and c, Clause 1 of this Article;

c) Compel the classification and treatment of radioactive waste according to the established plan for violations under point d, Clause 1 of this Article;

d) Compel the classification and treatment of used radioactive sources, used nuclear fuel in accordance with national technical standards or internationally recognized standards for violations under point a, Clause 2, and point b, Clause 3 of this Article;

đ) Compel the preparation of a burial status report and establishment of a burial map for radioactive waste to be submitted to the radiation safety agency for violations under point b, Clause 2 of this Article;

e) Compel the suspension of construction and use of radioactive waste storage facilities and the suspension of burial of radioactive waste until the competent state authority approves the design of the radioactive waste storage facility and the burial site for violations under point a, Clause 4 of this Article;

g) Compel the relocation of the location for constructing a national radioactive waste storage facility and selection of a burial site in accordance with national technical standards or internationally recognized standards for violations under point b, Clause 4 of this Article.

Article 17. Acts violating provisions on the disposal of radioactive contaminated objects

1. A fine of from 12,000,000 VND to 20,000,000 VND shall be imposed for one of the following acts:

a) Failing to implement measures for storing and disposing of radioactive contaminated objects as prescribed;

b) Disposing of radioactive contaminated objects with a higher level of radioactive contamination than prescribed;

2. Measures to remedy consequences:

a) Order to store and dispose of radioactive contaminated objects in accordance with the regulations for the violation set forth in point a, Clause 1, Article 17 herein;

b) Order to recover and concentrate radioactive contaminated objects for storage and disposal for the violation set forth in point b, Clause 1, Article 17 herein.

Article 18. Acts violating provisions on dismantling, decontaminating radiation facilities, nuclear facilities upon cessation of operations

1. A fine of from 8,000,000 VND to 15,000,000 VND shall be imposed for one of the following acts when ceasing operations at a radiation facility:

a) Ceasing operations without a decision recognizing that the radiation facility has fulfilled its responsibility for ensuring radiation safety issued by the competent authority;

b) Failing to submit a plan for dismantling, decontamination, and handling of radiation sources and radioactive waste to the radiation and nuclear safety agency for approval;

c) Dismantling a radiation facility, decontaminating, and handling radiation sources and radioactive waste not in accordance with the approved plan;

d) Dismantling and decontaminating not in compliance with national technical standards or recognized international standards and norms.

2. A fine of from 15,000,000 VND to 25,000,000 VND shall be imposed for one of the following acts when ceasing operations at a nuclear facility:

a) Ceasing operations without a decision recognizing that the nuclear facility has fulfilled its responsibility for ensuring radiation and nuclear safety issued by the competent authority;

b) Failing to submit a plan for dismantling, decontamination, and handling of nuclear fuel, nuclear equipment, and radioactive waste to the radiation and nuclear safety agency for approval;

c) Dismantling, decontaminating, and handling nuclear fuel, nuclear equipment, and radioactive waste not in accordance with the approved plan;

d) Dismantling, decontaminating, and handling nuclear fuel, nuclear equipment, and radioactive waste not in compliance with national technical standards or recognized international standards and norms.

3. Measures to remedy consequences:

a) Order to submit a plan for dismantling, decontamination, and handling of radiation sources, nuclear fuel, nuclear equipment, and radioactive waste to the radiation and nuclear safety agency; order to implement the dismantling plan for violations set forth in points b and c, Clause 1, and points b and c, Clause 2, Article 18 herein;

b) Order to dismantle, decontaminate, and handle radiation sources, nuclear fuel, nuclear equipment, and radioactive waste in accordance with national technical standards or recognized international standards and norms for violations set forth in point d, Clause 1, and point d, Clause 2, Article 18 herein.

Article 19. Acts violating provisions on purchasing occupational insurance, civil liability insurance, and environmental damage compensation insurance

1. A fine of from 5,000,000 VND to 8,000,000 VND shall be imposed on individuals and organizations conducting radiation work without purchasing occupational insurance for radiation workers and civil liability insurance, except for paragraphs 2 and 3 of this Article.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for failing to purchase occupational insurance for radiation workers and civil liability insurance when performing one of the following works:

a) Operating irradiation equipment including accelerators, radiotherapy devices, irradiation sterilization devices, material processing devices, industrial radiography devices;

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

c) Exploring, mining, and processing radioactive ores;

d) Using nuclear materials outside the nuclear fuel cycle;

đ) Transporting nuclear materials outside the nuclear facility premises.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for failing to purchase occupational insurance for radiation workers and civil liability insurance when performing one of the following works:

a) Operating a nuclear reactor, operating a nuclear power plant;

b) Enriching uranium, manufacturing nuclear fuel;

c) Handling, storing, and burying radioactive waste, used radioactive sources, and used nuclear fuel.

4. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed for failing to purchase environmental damage compensation insurance when conducting radiation work with a high potential risk of causing significant environmental damage.

5. Measures to remedy consequences: Order to purchase occupational insurance, civil liability insurance, and environmental damage compensation insurance for violations under this Article.

Article 20. Acts violating regulations on safety assessment and environmental restoration for radioactive ore exploration, mining, and processing facilities.

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for acts of not reporting the results of implementing measures to minimize adverse impacts on environmental components, not reporting the results of mapping areas of completed ore extraction and processing, and not reporting the results of environmental restoration after the completion of each phase or the entire exploration, mining, and processing activities to the radiation safety and nuclear agency.

2. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts when conducting radioactive ore exploration, mining, and processing:

a) Not preparing a safety assessment report to submit to the radiation safety and nuclear agency; a safety assessment report that does not comply with the provisions of Article 58 of the Atomic Energy Law;

b) Not implementing measures to minimize adverse impacts on environmental components as prescribed;

c) Not preparing a map of areas of completed ore extraction and processing as prescribed.

3. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for failing to implement environmental restoration after the completion of each phase or the entire exploration, mining, and processing activities as prescribed.

4. Measures to remedy consequences:

a) Order to report the results of implementing measures to minimize adverse impacts on environmental components, the results of mapping areas of completed ore extraction and processing, and the results of environmental restoration to the radiation safety and nuclear agency for violations under Clause 1 of this Article;

b) Order to prepare and submit a safety assessment report to the radiation safety and nuclear agency as prescribed for violations under point a of Clause 2 of this Article;

c) Order to implement measures to minimize adverse impacts on environmental components for violations under point b of Clause 2 of this Article;

d) Order to prepare a map of areas of completed ore extraction and processing for violations under point c of Clause 2 of this Article;

đ) Order to restore the environment for violations under Clause 3 of this Article.

Article 21. Acts violating regulations on construction and changes in scale and scope of operation of nuclear facilities.

1. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed for not preparing or retaining records of nuclear facility upgrades.

2. A fine of VND 20,000,000 to VND 35,000,000 shall be imposed for any of the following acts:

a) Constructing or changing the scale or scope of operations of a nuclear facility without adhering to the approved design;

b) Failing to halt construction of a nuclear facility according to the decision of the radiation safety and nuclear agency when non-compliance with the approved design is discovered.

3. Measures to remedy consequences:

a) Order to prepare and retain records of nuclear facility upgrades for violations under Clause 1 of this Article;

b) Order to adhere to the approved design for violations under point a of Clause 2 of this Article;

c) Order to halt construction according to the decision of the competent state authority for violations under point b of Clause 2 of this Article.

Article 22. Acts violating regulations on monitoring regimes and reporting monitoring results for individuals and organizations with nuclear reactors.

1. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed on individuals and organizations with nuclear reactors for any of the following acts:

a) Not reporting periodic monitoring results to the radiation safety and nuclear agency as required;

b) Not immediately reporting abnormal monitoring results that pose a risk to the environment and human health to the radiation safety and nuclear agency upon discovery.

2. A fine of from VND 20,000,000 to VND 35,000,000 shall be imposed for failing to conduct environmental radiation monitoring at locations with nuclear reactors.

3. Measures to remedy consequences:

a) Order to report periodic monitoring results to the radiation safety and nuclear agency as required for violations under point a of Clause 1 of this Article;

b) Order to conduct environmental radiation monitoring for violations under Clause 2 of this Article.

Section 3

ADMINISTRATIVE VIOLATIONS CONCERNING RADIATION SOURCE SECURITY, NUCLEAR MATERIALS, AND NUCLEAR EQUIPMENT

Article 23. Acts violating regulations on nuclear radiation security, nuclear materials, nuclear equipment, and multi-layer protection principles

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failing to implement measures to control unauthorized access to radioactive sources as prescribed;

b) Transferring radioactive sources within the facility without a handover record; without a permit from the head of the facility or an authorized person;

c) Failing to conduct periodic inventory checks of radioactive sources as prescribed.

2. A fine of VND 8,000,000 to VND 15,000,000 for acts failing to implement multi-layer protection principles corresponding to the level of danger posed by radiation sources and nuclear materials to humans and the environment as prescribed.

3. A fine of VND 12,000,000 to VND 20,000,000 for any of the following acts:

a) Failing to implement measures to control unauthorized access to nuclear materials and equipment as prescribed;

b) Transferring nuclear materials within the facility without a handover record; without a permit from the head of the facility or an authorized person;

c) Failing to conduct periodic inventory checks of nuclear materials and equipment as prescribed.

4. Measures to remedy consequences:

a) Order strict control over unauthorized access to radioactive sources, nuclear materials, and nuclear equipment for violations under point a, Clause 1, and point a, Clause 3 of this Article;

b) Order the establishment of a handover record for radioactive sources and nuclear materials with confirmation from unit leadership for violations under point b, Clause 1, and point b, Clause 3 of this Article;

c) Order periodic inventory checks of radioactive sources, nuclear materials, and nuclear equipment as prescribed for violations under point c, Clause 1, and point c, Clause 3 of this Article;

d) Order the implementation of multi-layer protection for radiation sources and nuclear materials as prescribed for violations under Clause 2 of this Article.

Article 24. Acts related to lost, stolen, spilled, transferred, or illegally used radioactive sources, nuclear materials, and nuclear equipment.

1. A fine of VND 5,000,000 to VND 8,000,000 for failing to report to the competent state agency within 24 hours upon discovering lost, stolen, abandoned, or illegally transferred radioactive sources, nuclear materials, and nuclear equipment that have not been declared.

2. A fine of VND 8,000,000 to VND 15,000,000 for failing to report to the nearest police station, failing to report to the radiation safety agency, nuclear agency, and local People's Committee within 24 hours when managed radioactive sources, nuclear materials, and nuclear equipment are lost or stolen.

3. A fine of VND 15,000,000 to VND 25,000,000 for failing to immediately apply necessary measures to recover lost, stolen, transferred, or illegally used radioactive sources, nuclear materials, and nuclear equipment.

4. A fine of VND 30,000,000 to VND 50,000,000 for causing loss, misplacement, or spillage of managed radioactive sources during use.

5. A fine of VND 70,000,000 to VND 100,000,000 for causing loss, misplacement, or spillage of managed nuclear materials and nuclear equipment during use.

6. Individuals and organizations violating the provisions of Clauses 4 and 5 of this Article affecting the environment shall be punished according to environmental protection laws.

7. Additional form of punishment: Revocation of the license to conduct radiation work for up to six months for individuals and organizations violating Clauses 4 and 5 of this Article.

8. Measures to remedy consequences: Order the search for lost, stolen, or spilled radioactive sources, nuclear materials, and nuclear equipment, decontamination to restore the original condition for violations under Clauses 3, 4, and 5 of this Article.

Article 25. Violations concerning facilities using scrap steel for steelmaking in the detection of radioactive sources and nuclear materials

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed on individuals and organizations that use scrap steel for steelmaking without applying measures or equipping devices to detect radioactive sources and nuclear materials.

2. Remedial measures: Compel the application of measures and equipment to detect radioactive sources and nuclear materials for violations under this Article.

Article 26. Violations concerning healthcare facilities when detecting patients suspected of being injured by radiation

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of not immediately reporting to the radiation safety and nuclear agency when a healthcare facility detects patients showing signs of injury caused by radiation.

2. Remedial measures: Compel the immediate transfer of patients to specialized healthcare facilities for treatment for violations under this Article.

Article 27. Violations concerning the protection of safety zones around nuclear reactors

1. A fine of from VND 12,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) Not establishing restricted areas and safe zones around nuclear reactors or establishing them inadequately to ensure safety;

b) Not strictly protecting and rigorously controlling access to the area around nuclear reactors;

c) Not implementing the protection of nuclear reactors according to the provisions of the law for important works related to national security.

2. Measures to remedy consequences:

a) Compel the establishment of restricted areas and safe zones around nuclear reactors for violations at point a Clause 1 of this Article;

b) Compel strict control over access to the area around nuclear reactors for violations at point b Clause 1 of this Article;

c) Compel the implementation of the protection of nuclear reactors according to the provisions of the law for important works related to national security for violations at point c Clause 1 of this Article.

Article 28. Violations concerning the operation of nuclear reactors

1. A fine of from VND 12,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) Not complying with the regulations on testing operations at low power levels simultaneously with technical checks, operational limits, and gradual increases in power to the design level for nuclear reactors;

b) Not preparing test operation reports and safety analysis reports of nuclear reactors to submit to the radiation safety and nuclear agency.

2. Measures to remedy consequences:

a) Compel compliance with the test operation procedures for nuclear reactors for violations at a Clause 1 of this Article;

b) Compel the preparation of test operation reports and safety analysis reports of nuclear reactors to submit to the radiation safety and nuclear agency for violations at point b Clause 1 of this Article.

Section 4

ADMINISTRATIVE VIOLATIONS CONCERNING SUPPORT SERVICES FOR THE APPLICATION OF NUCLEAR ENERGY

Article 29. Violations concerning support services for the application of nuclear energy

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Engaging in support services for the application of nuclear energy without fully meeting the conditions stipulated in Clause 1 of Article 69 of the Nuclear Energy Law;

b) Engaging in support services for the application of nuclear energy but violating the regulations on radiation safety and nuclear safety;

c) Issuing support services for the application of nuclear energy beyond the limits and scope permitted by competent state management agencies.

2. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed on the act of not immediately notifying the service user; not immediately reporting to the radiation safety and nuclear agency when discovering a risk of radiation incidents or nuclear incidents.

3. A fine of from VND 12,000,000 to VND 20,000,000 shall be imposed on the act of not registering activities as required; not having a professional practice certificate for support services for the application of nuclear energy when engaging in such services.

4. Additional form of punishment: Suspension of the right to use the professional practice certificate for support services for the application of nuclear energy for up to six months for violations at points a, b, and c Clause 1 of this Article.

5. Remedial measures: Compel compliance with regulations on ensuring radiation safety and nuclear safety for violations at point b Clause 1 of this Article.

Section 5

VIOLATIONS OBSTRUCTING INSPECTION AND AUDIT ACTIVITIES AND VIOLATIONS INFRINGING UPON NATIONAL INTERESTS

Article 30. Acts obstructing the inspection and supervision activities of state management agencies

1. A warning or a fine from VND 3,000,000 to VND 5,000,000 shall be imposed on acts of not providing, providing insufficiently, or failing to provide within the prescribed time frame information and documents related to the content of inspections and supervision in the field of atomic energy as required by competent state authorities, except for the provisions stipulated in Clause 3 of this Article.

2. A fine from VND 6,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) Insulting or threatening persons performing their duties in the field of atomic energy;

b) Evading, obstructing, or delaying the implementation of contents, requirements, and recommendations of authorized persons conducting inspections and supervision or decisions on inspections and supervision in the field of atomic energy, except for the provisions stipulated in Clause 3 of this Article.

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

a) Not providing, providing insufficiently, or failing to provide within the prescribed time frame documents as required by competent state authorities when conducting safety inspections for the installation, trial operation, and acceptance of nuclear reactors;

b) Not creating conditions for radiation safety and nuclear safety authorities to inspect and supervise the dismantling, decontamination, and disposal of nuclear fuel, nuclear equipment, radioactive waste, serving as the basis for competent state authorities to issue decisions recognizing that a radiation facility has fulfilled its responsibility for ensuring radiation safety;

c) Not providing, providing insufficiently, or failing to provide within the prescribed time frame documents as required by competent state authorities when conducting safety inspections for the construction, modification of scale, and scope of operations of nuclear reactors;

d) Evading, delaying, causing difficulties, obstructing, or not creating conditions for competent authorities to conduct on-site inspections regarding compliance with approved designs for project owners, organizations, and individuals responsible for constructing nuclear reactors.

Article 31. Acts of appropriating, destroying, transferring, using illegally radioactive sources, nuclear materials, nuclear equipment, exploiting activities in the field of atomic energy to infringe upon facilities, equipment, means ensuring safety and security in the field of atomic energy, causing harm to human health, the environment. b) Appropriating, destroying, transferring, or using illegally radioactive sources, nuclear material sources, nuclear materials, nuclear equipment.

1. A fine of from VND 50,000,000 to VND 70,000,000 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;

a) Exploiting or abusing activities in the field of atomic energy to infringe upon the rights and legitimate interests of organizations and individuals, causing harm to human health and lives, the environment;

2. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed on one of the following acts:

b) Providing false information without basis or truth about incidents causing damage to national interests, citizens' rights and legitimate interests;

c) Misusing purposes or disclosing confidential information in the field of atomic energy.

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

Article 32. Competence of specialized science and technology inspection agencies to impose penalties

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

1. Specialized science and technology inspectors performing official duties have the right:

c) To confiscate objects and means used to commit administrative violations up to VND 2,000,000 in value.

a) To issue warnings;

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

c) To suspend the use of licenses and professional certificates in the field of atomic energy within six months.

2. The Chief Inspector of the Department of Science and Technology has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

đ) To apply remedial measures provided for in Clause 3 (except points g, h) of Article 4 of this Decree.

d) Confiscate objects and means used to commit administrative violations;

3. The Director of the Ministry of Science and Technology's Inspectorate has the authority to impose penalties:

b) Imposing fines at the maximum level for the field of atomic energy;

a) To issue warnings;

đ) Applying remedial measures provided for in Clause 3 (except point g) of Article 4 of this Decree.

đ) To apply remedial measures provided for in Clause 3 (except points g, h) of Article 4 of this Decree.

d) Confiscate objects and means used to commit administrative violations;

d) Apply the remedial measures provided for in Clause 3 (except Point g) of Article 4 of this Decree.

Article 33. Competence to handle administrative violations of the Chairpersons of People's Committees at all levels

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

đ) To apply remedial measures provided for in Clause 3 (except points g, h) of Article 4 of this Decree.

d) To confiscate objects and means used for administrative violations;

d) Apply the measures to remedy consequences specified in points a, d, đ, i, k of Clause 3, Article 4 of this Decree.

2. The Chairperson of the Provincial People's Committee has the authority to impose fines:

a) To issue warnings;

đ) Applying remedial measures provided for in Clause 3 (except point g) of Article 4 of this Decree.

đ) To apply remedial measures provided for in Clause 3 (except points g, h) of Article 4 of this Decree.

d) Confiscate objects and means used to commit administrative violations;

d) Apply the measures to remedy consequences prescribed in Clause 3, Article 4 of this Decree.

Article 34. Competence to impose fines of other agencies

Agencies such as Public Security, Customs, specialized inspection agencies, and other agencies within their functions, tasks, and assigned powers, if they discover administrative violations in the field of atomic energy, shall have the right to impose administrative penalties according to the Administrative Violation Handling Ordinance and the provisions of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Effective Date

1. This Decree takes effect from February 1, 2010.

2. This Decree replaces Government Decree No. 51/2006/NĐ-CP dated May 19, 2006, on the imposition of administrative penalties in the field of radiation safety and control.

Article 36. Responsibility for guiding and implementing the Decree

1. The Minister of Science and Technology is responsible for detailing and guiding the implementation of this Decree; issuing forms to be uniformly used when imposing administrative penalties in the field of atomic energy.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for enforcing this Decree./.