JOINT CIRCULAR No. 112/2015/TTLT-BTC-BKHCN GUIDING THE MECHANISM OF COORDINATION AND HANDLING IN THE INSPECTION AND DETECTION OF RADIOACTIVE MATERIALS AT BORDER GATES

JOINT CIRCULAR

Guidelines for the mechanism of coordination and handling in the inspection and detection of radioactive materials at border gates
phát hiện chất phóng xạ tại các口岸发现放射性物质

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

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

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 07/2010/NĐ-CP dated January 25, 2010 of the Government detailing and guiding the implementation of certain provisions of the Atomic Energy Law;

Pursuant to Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing implementation measures for the Law on Customs regarding customs procedures, inspection, and supervision;

The Minister of Finance and the Minister of Science and Technology issue this Joint Circular guiding the mechanism of coordination and handling in the inspection and detection of radioactive materials at border gates.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular guides the mechanism of coordination and handling in the inspection and detection of radioactive materials for exported, imported, transited, and through-transported goods; inbound passengers and baggage at border gates.

Article 2. Applicability

1. Customs officers and customs authorities at all levels.

2. Staff and employees under contract of the Radiation and Nuclear Safety Agency.

3. Staff and employees of provincial and municipal Science and Technology Departments.

4. Declaration officers for exported, imported, transited, and through-transported goods; drivers of vehicles transporting such goods; inbound passengers.

5. Management agencies, international seaport business agencies, international airports, and other border gate areas.

6. Agencies and units under relevant ministries and sectors involved in coordinating the implementation of the contents stipulated in this Joint Circular.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Central Alarm Station (CAS) or On-Site Alarm Station (LAS) is a room equipped with appropriate devices located near the system of radiation detection portals and directly receives data from this system.

2. Alert Support Center (ASC) is located at the Technical Support Center for Radiation Safety and Emergency Response of the Radiation and Nuclear Safety Agency, tasked with receiving data from the National Data Analysis Center.

3. National Data Analysis Center (NDAC) is located at the General Department of Customs headquarters, tasked with receiving data from the Central Alarm Station (CAS) or On-Site Alarm Station (LAS) and sending this information to the Alert Support Center (ASC).

4. Secondary Inspection Area is an area for inspecting exported, imported, transited, and through-transported goods and baggage and inbound passengers after initial inspection detects radiation alarms.

5. Sievert (Sv) is a unit used to determine equivalent dose and effective dose from ionizing radiation exposure to the human body, 1 Sv = 1 Joule/kg in the SI system (International System of Units).

6. Radiation Portal Monitor (RPM) is a device capable of detecting and triggering alarms when nuclear and radioactive materials pass through.

7. Radioisotope Identification Device (RIID) is a portable device capable of identifying types of radioactive isotopes or sets of radioactive isotopes in the inspected object.

8. Personal Dose Rate Meter (PRD) is a small portable device equipped for personnel on duty, capable of detecting and warning of ionizing radiation.

9. Luggage includes carry-on luggage, pre-checked or post-checked luggage, lost, abandoned, or forgotten luggage at border gates.

Chapter II
MECHANISM OF COORDINATION BETWEEN RELEVANT AUTHORITIES AND UNITS

Article 4. Responsibilities of Customs Authorities

1. At border gates equipped with radiation detection systems, the customs authority shall have the following responsibilities:

a) Ensuring that the Central Alarm Station (CAS) or On-Site Alarm Station (LAS) at the border gate is connected to receive data from radiation detection portals and transmit data to the National Data Analysis Center (NDAC), ensuring continuous operation 24 hours/7 days;

b) In case of technical failures or damage to the system, export, import, transit, transshipment goods, and entry, transit passengers' luggage and persons shall not be subject to radiation inspection. Simultaneously, the Border Gate Customs Sub-Department must promptly report to the Provincial/City Customs Department and the General Customs Department for guidance;

c) Coordinating with port business entities to ensure there is a secondary inspection area and passenger and cargo storage area when radiation is detected;

d) For each shift, designating at least one customs officer to operate the Central Alarm Station (CAS) or On-Site Alarm Station (LAS), and when conducting secondary inspections, mobilizing two customs officers to carry out the tasks;

đ) Implementing the scanning of export, import, transit, transshipment goods, and entry, transit passengers' luggage according to the operational procedures for radiation detection and inspection of export, import, transit, transshipment goods transported in containers; and entry, transit passengers' luggage as stipulated by the General Director of the General Customs Department;

e) When detecting export, import, transit, transshipment goods; entry, transit passengers' luggage containing radioactive materials or being contaminated with radiation, the customs authority:

- Halting customs procedures or stopping clearance of goods and luggage, and notifying the consignor, declarant, or passenger;

- Reporting immediately (by telephone, fax) to the Provincial/City Customs Department, designated points by the Radiation Safety and Nuclear Agency, providing all relevant information about the incident as required by the Radiation Safety and Nuclear Agency pursuant to the Radiation Alert Appendix issued together with this Circular to request support; facilitating the activities of the Radiation Safety and Nuclear Agency;

- Cooperating with the Radiation Safety and Nuclear Agency to handle the situation through the following measures:

+ Immediately applying necessary safety measures as directed by the Radiation Safety and Nuclear Agency to minimize harm to people and the environment;

+ Applying measures to remove radioactive materials, decontaminate goods containing radioactive materials or contaminated with radiation, except in cases of immediate re-export;

- Notifying and coordinating with port business enterprises and management agencies at seaports, international airports, and border areas equipped with radiation detection systems to control the implementation of the above measures;

- The Provincial/City Customs Department shall notify and request the Science and Technology Department in the area with a border gate to cooperate in handling the situation as prescribed;

2. After implementing the measures stipulated in Point e, Clause 1 of this Article, based on the opinion of the Radiation Safety and Nuclear Agency, if goods meet the conditions for export, import, transit, transshipment; and passengers' luggage and passengers meet the conditions for entry, transit, then continue to process the clearance of goods and luggage and allow passengers to enter and transit; in cases where the conditions are not met, implement the handling measures as prescribed based on the opinion of the Radiation Safety and Nuclear Agency;

3. At the National Data Analysis Center (NDAC), the customs authority shall have the following responsibilities:

a) Ensuring that the National Data Analysis Center (NDAC) is connected to the Central Alarm Station (CAS) or On-Site Alarm Station (LAS), Support Alert Center (ASC), and operates continuously 24 hours/7 days;

b) Designating at least one customs officer responsible for operating the National Data Analysis Center (NDAC);

4. At border gates not equipped with radiation detection systems, during the processing of customs procedures for export, import, transit, transshipment goods transported in containers, and entry, transit passengers' luggage suspected of containing radioactive materials, the following actions shall be taken:

a) If the declarant declares that export, import, transit, transshipment goods contain radioactive materials according to the Export, Import, Transport Permit or Transit Transport Permit as stipulated in Circular No. 08/2010/TT-BKHCN dated July 22, 2010 of the Ministry of Science and Technology guiding the declaration, issuance of permits for radiation work, and issuance of radiation worker certificates; or if passengers declare that their luggage contains radioactive materials or has been treated with radiation, the customs authority shall handle according to the policy for managing export, import, transit, transshipment goods to clear the goods and luggage and allow passengers to enter and transit;

b) If the declarant does not have an Export, Import, Transport Permit or Transit Transport Permit for goods containing radioactive materials; or if passengers' luggage or passengers undergoing medical treatment related to radiation do not declare before the goods or luggage are cleared or transported to another location as prescribed, the customs authority shall suspect that the goods or luggage, or passengers may contain radioactive materials or be contaminated with radiation, and shall implement the contents stipulated in Point e, Clause 1 and Clause 2 of this Article.

Article 5. Responsibilities of the Radiation and Nuclear Safety Administration

1. Designate and notify the General Department of Customs of the contact point to provide information to customs authorities at border gates.

Direct the contact points to receive information exchanged and handle cases where the customs office at the border gate discovers exported, imported, transited, or transferred goods; incoming passengers' luggage containing radioactive materials or contaminated with radioactivity.

2. Ensure that the Alarm Support Center (ASC) is connected to the National Data Analysis Center (NDAC) and operates continuously 24 hours/day, 7 days/week.

3. Regularly analyze data received from the National Data Analysis Center (NDAC) every quarter to evaluate and statistically assess radiation alert cases and send them to the General Department of Customs and the National Data Analysis Center for coordination.

4. Provide guidance on procedures and technical support to customs authorities at border gates in the following situations:

a) Cases of alerts that have not been resolved and continue to raise suspicion after personal radiation detection equipment detects gamma rays and/or mixed neutron-gamma radiation, neutron radiation;

b) Other supports as prescribed.

5. Provide remote or direct technical advice in identifying or classifying radioactive materials discovered by customs authorities.

6. Serve as the main coordinator in activities responding to nuclear security incidents; provide technical support in implementing emergency response plans due to alerts from radiation detection devices.

7. Ensure a hotline or staff available 24 hours/day, 7 days/week.

8. When requested by customs authorities according to point e Clause 1 Article 4 Clause 4 Article 4 and Clause 4 of this Circular, the Radiation and Nuclear Safety Administration shall be responsible for:

a) Within the latest four hours from receiving the request from customs authorities according to point e Clause 1 Article 4 Clause 4 Article 4 of this Circular, conduct an evaluation of the alert generated by the radiation detection system; identify or classify radioactive material, nuclear material, and guide customs officers at the border gate through the fastest means (by phone, fax) on handling measures such as isolation, sealing, or other methods;

b) In case of discovering radiation exceeding safety levels and requiring immediate assistance, promptly dispatch representatives with necessary equipment to the scene for handling;

c) Upon arrival at the scene, the Radiation and Nuclear Safety Administration shall carry out the following activities:

- Verify information on the radiation detection system and compare it with the alert report of the discovered radiation incident;

- Check external radiation dose rates;

- Determine the type of radioactive isotope, presence of neutron radiation, condition of the discovered radiation source or radioactive material (including physical state, estimated radioactivity level);

- Implement isolation, sealing of radioactive material if deemed necessary;

- Coordinate with customs authorities, police agencies, and related agencies to seize radioactive sources, radioactive materials according to technical procedures if the dose rate is abnormally high or if neutron-emitting radioactive sources and special nuclear materials are discovered, for transportation to secure storage locations;

- Prepare a report on seizure and handling results; notify relevant parties.

d) Upon completion of the handling process specified in this clause, the Radiation and Nuclear Safety Administration shall promptly inform the customs authority about the conditions allowing export, import, or prohibiting export, import of goods for the customs authority to implement handling measures as prescribed.

Article 6. Responsibilities for training, maintenance, and operation of equipment

1. The General Department of Customs shall be responsible for:

a) Using the customs training budget to develop and implement annual training programs on detecting, responding to radiation incidents, and controlling illegal import and export of nuclear materials and radioactive materials for customs officers operating the radiation detection system, personnel using handheld radiation devices, and isotope identification devices;

b) Establishing and implementing plans for regular maintenance and servicing of radiation detection systems and handheld radiation devices, isotope identification devices;

c) Developing annual drill plans for handling radiation detection cases, submitting them for approval by the Ministry of Science and Technology, and organizing their implementation according to regulations;

d) Taking the lead and coordinating with the Radiation and Nuclear Safety Agency:

- Organizing training and sharing information on detecting, responding to radiation incidents, and controlling illegal import and export of nuclear materials and radioactive materials;

- Annually organizing and participating in drills for handling radiation detection cases.

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

a) Establishing plans for regular maintenance and servicing of radiation detection devices and isotope identification devices under its management, submitting them for funding approval by the Ministry of Science and Technology, to ensure that the devices are ready for operation in case of incidents;

b) Annually conducting calibration and testing of handheld radiation detection devices for customs agencies. Calibration and testing costs are borne by the customs agency;

c) Developing annual drill plans for handling radiation detection cases, submitting them for approval by the Ministry of Science and Technology, and organizing their implementation according to regulations;

d) Coordinating with the General Department of Customs to organize training and share information when requested.

Article 7. Responsibilities of organizations, individuals, agencies, and units related to the matter

1. Responsibilities of the Department of Science and Technology:

Cooperating with customs agencies at border gates and points designated by the Radiation and Nuclear Safety Agency when required to ensure timely handling of radiation incidents, implementing Clause 3, Article 10 of Decree No. 07/2010/NĐ-CP dated January 25, 2010, guiding the implementation of certain provisions of the Atomic Energy Law.

2. Responsibilities of businesses operating ports and warehouses at border gates:

a) Arranging space for:

- Installing radiation detection equipment;

- Warehouses and storage areas for goods and luggage containing radioactive substances from the time of detection until the decision on handling by the Radiation and Nuclear Safety Agency and the customs agency responsible for the export and import procedures is made.

b) Closely coordinating with customs agencies and other competent authorities when required to ensure timely handling of radiation incidents.

3. Responsibilities of the consignor, declarant, or person in charge of the conveyance or passenger regarding exported, imported, transited, or transferred goods; baggage:

a) Complying with customs agency requirements and instructions on scanning exported, imported, transited, or transferred goods; baggage, as stipulated in this Circular;

b) When radioactive material requiring control is detected:

- Complying with customs agency requirements and instructions and those of other competent authorities;

- Being responsible for remedying all consequences and additional costs arising from radioactive goods or contaminated goods causing damage in the border area.

4. Other agencies at border gates, depending on their functions and tasks, shall be responsible for supporting and coordinating with border gate customs as provided in point e, Clause 1, Article 4 of this Circular.

Article 8. Funding for the handling and storage of radioactive sources and nuclear materials outside of control

1. The funding for customs authorities to carry out the handling and storage of radioactive sources and nuclear materials that have been discovered but not claimed shall be implemented in accordance with Circular No. 203/2014/TT-BTC dated December 22, 2014, issued by the Ministry of Finance, guiding the handling of goods in customs custody.

2. The preparation, execution, and settlement of funding for the handling and storage of radioactive sources and nuclear materials outside of control shall be carried out in accordance with the provisions of the State Budget Law and current guiding documents.

Article 9. Exchange of Information and Professional Documents

1. Principles of information exchange:

a) The General Department of Customs (Ministry of Finance) and the Nuclear Safety Administration (Ministry of Science and Technology) shall serve as the main providers of information and professional documents whenever there is a need to exchange such information.

b) The exchange and provision of professional documents, alarm radiation detection files, and confidential documents must comply with the relevant laws, file management systems of each unit, and must be approved by authorized leaders.

2. Content of Information Exchanged:

a) Information from international organizations related to radioactive source and nuclear material security, the World Customs Organization, and other relevant international organizations;

b) Professional documents and processing files for radiation alarm detections when requested by either party;

c) Materials and information to support the dissemination of laws and efforts to combat smuggling and illegal transportation of radioactive substances and nuclear materials both domestically and internationally.

Chapter III
ORGANIZATION AND IMPLEMENTATION

Article 10. Effective Date

This Circular takes effect from September 15, 2015.

Article 11. Responsibility for Implementation

1. During implementation, if any related documents mentioned in this Joint Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents.

2. Annually, the General Department of Customs and the Nuclear Safety Administration shall coordinate to organize an assessment of the implementation results of the guidance provided in this Joint Circular and propose recommendations within their authority.

3. The Director of the General Department of Customs and the Director of the Nuclear Safety Administration are responsible for managing, monitoring, and implementing the contents stipulated in this Joint Circular. In case of any difficulties arising during implementation, they are advised to promptly report to the Ministry of Finance (through the General Department of Customs) and the Ministry of Science and Technology (through the Nuclear Safety Administration) for resolution.

To be sent to:
- Prime Minister; Deputy Prime Ministers;
- Ministries, agencies equivalent to ministries, and government agencies;
- National Assembly's Office;
- President's Office;
- Provincial People's Committees under the Central Government;
- Supreme People's Court;
- Supreme People's Procuracy;
- Ministry of Justice's Legal Documents Inspection Department;
- Official Gazette, Government Portal;
- File: Ministry of Science and Technology (Vice Minister, Radiation Safety Administration), Ministry of Finance (Vice Minister, General Department of Customs).