Decision No. 115/2007/QD-TTg Issuing the Regulation on Ensuring Radiation Source Security

DECISION OF THE PRIME MINISTER

Issuing the Regulation on Ensuring Radiation Source Security

PRIME MINISTER

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

Pursuant to the Ordinance on Safety and Control of Radiation dated June 25, 1996;

Considering the proposal of the Minister of Science and Technology,

DECISION:

Article 1. This Decision promulgates the Regulation on Ensuring Radiation Source Security.

Article 2. Within sixty days from the date this Decision takes effect, organizations and individuals managing, using, storing, and transporting radiation sources must fully implement the security measures prescribed in the Regulation issued together with this Decision.

Article 3. This Decision shall take effect fifteen days after its publication in the Official Gazette.

The Minister of Science and Technology is responsible for organizing and guiding the implementation of this Decision.

Article 4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.

REGULATIONS

Ensuring radiation source security

(Issued together with Decision No. 115/2007/QĐ-TTg dated July 23, 2007)

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Regulation stipulates the responsibility for ensuring security for sealed radioactive sources with activity above the exemption level according to the corresponding national technical regulation.

2. The security measures for nuclear materials, due to their specific nature, are regulated in other documents.

Article 2. Applicability

This Regulation applies to organizations and individuals in Vietnam, foreign organizations and individuals, and overseas Vietnamese citizens engaged in activities within the territory of Vietnam related to radiation sources as specified in Clause 1 of Article 1 of this Regulation.

Article 3. Definitions

In these Regulations, the following terms shall be understood as follows:

1. "Ensuring radiation source security" means applying measures to prevent illegal access, theft, seizure, destruction, and unauthorized transfer of radiation sources; and securing information related to radiation source security.

2. "Sealed radiation source" (hereinafter referred to as radiation source) is a radiation source where radioactive material is manufactured in solid form or enclosed in a special structure casing that ensures the radioactive material does not escape into the environment under normal conditions.

3. "Security lock" is a type of lock designed with high reliability to meet the requirements of ensuring radiation source security.

4. "Security control zone" is the area surrounding the location of the radiation source, strictly monitored to prevent unauthorized persons from entering.

5. "Inventory check" is the verification of the presence of the radiation source at its location using appropriate radiation detection equipment or visual inspection.

6. "Inventory" is the inventory check conducted simultaneously with the confirmation of relevant information about the radiation source against the licensing file (quantity, condition of the radiation source, serial number of the radiation source or containing device).

Article 4. Principles of Ensuring Radiation Source Security

1. Organizations and individuals licensed to carry out activities related to radiation sources shall be fully responsible for ensuring radiation source security.

2. Requirements and measures for ensuring radiation source security must be commensurate with the level of danger posed by the radiation source.

Article 5. Classification of Radiation Sources Based on Security Requirements

1. Based on security requirements, radiation sources are classified into four groups: A, B, C, D, in descending order of danger.

2. The classification of radiation sources based on security requirements is defined by the Ministry of Science and Technology.

Article 6. Requirements for Ensuring Radiation Source Security

1. For radiation sources in Group A:

a) Effectively prevent unauthorized access to the radiation source;

b) Detect and promptly respond to unauthorized access to the radiation source;

c) Conduct daily inventory checks of the radiation source.

2. For radiation sources in Group B:

a) Effectively prevent unauthorized access to the radiation source;

b) Promptly detect unauthorized access to the radiation source;

c) Conduct weekly inventory checks of the radiation source.

3. For radiation sources in Group C:

a) Effectively prevent unauthorized access to the radiation source;

b) Conduct inventory checks of the radiation source every six months.

4. For radiation sources in Group D: Implement protective measures and confirm the existence and normal condition of the radiation source once a year.

Chapter II

RESPONSIBILITY FOR ENSURING SECURITY OF ORGANIZATIONS AND INDIVIDUALS USING, STORING, AND TRANSPORTING RADIATION SOURCES

RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS USING RADIATION SOURCES IN GROUP A

Article 7. Responsibilities of organizations and individuals using radiation sources in Group A

1. Establish a security control zone and develop and enforce rules for controlling entry and exit to this area to promptly detect unauthorized entry and exit.

2. Install systems to detect and alarm unauthorized access to the room housing the radiation source at all entrances and exits.

3. Install security locks on doors leading to the room housing the radiation source.

4. Develop rules for managing keys to enter the room housing the radiation source.

5. Set up surveillance cameras or arrange personnel to monitor the security control zone.

6. Maintain a record of radiation source management, including the location of the radiation source; radionuclide name; radiation activity and the time of determining the radiation activity of the source; type and model of the radiation source, serial number; identification marks and photographs of the radiation source; usage log of the radiation source.

7. Conduct daily inventory checks of the radiation source.

8. Conduct periodic inventory checks of the radiation source twice a year in May and November, report to the direct superior management agency and the local Department of Science and Technology for consolidation and reporting to the Ministry of Science and Technology.

9. Develop and enforce rules regarding the confidentiality of information related to radiation source security.

10. Organize security forces to promptly respond to and prevent unauthorized access to the radiation source.

11. Assign trustworthy personnel to protect the radiation source and manage entry and work in the area housing the radiation source.

Article 8. Responsibilities of organizations and individuals storing radiation sources in Group A

1. Implement the measures prescribed in Clauses 1, 3, 4, 6, 7, 8, 9, 10, and 11 of Article 7 of this Regulation.

2. Use separate storage facilities to store radiation sources.

3. Store radiation sources in containment devices or protective containers with locks, fixed to the floor or wall to limit the possibility of moving the radiation source.

Article 9. Responsibilities of organizations and individuals transporting radiation sources in Group A

1. Use dedicated transportation vehicles and containers with locks and seals for transporting the radiation source.

2. Appoint competent personnel with expertise in radiation safety to reliably supervise during the transportation of the radiation source.

3. Ensure timely information and communication conditions between participants in transportation and the transportation organization and public security authorities in emergency situations.

4. Develop an emergency response plan during the transportation process in accordance with relevant requirements for nuclear security.

Article 10. Responsibilities of organizations and individuals using radioactive sources belonging to Group B

1. In the case of fixed radioactive sources:

a) Implement the measures prescribed in Clauses 1, 6, and 8 of Article 7 of this Regulation;

b) Establish barriers around the security control area;

c) Construct a metal cage to protect the radioactive source container;

d) Count radioactive sources weekly.

2. In the case of mobile radioactive sources:

a) Implement the measure prescribed in Clause 8 of Article 7 of this Regulation;

b) Prepare a management file for radioactive sources, including the name of the radioactive isotope; radioactivity level and the time of determining the radioactivity level of the source; type and serial number of the radioactive source; identification marks and photographs of the radioactive source; usage logbook;

c) Establish barriers and continuously arrange supervisors in the security control area during work progress;

d) Count radioactive sources after each shift and periodically weekly;

đ) Build a storage facility ensuring safety and security at the construction site to store radioactive sources when not in use.

3. In the case of radioactive sources used in brachytherapy:

a) Implement the measures prescribed in Clauses 1, 6, 8 of Article 7 and Point d of Clause 2 of Article 10 of this Regulation;

b) Build a storage facility ensuring safety and security to store radioactive sources when not in use.

Article 11. Responsibilities of organizations and individuals storing radioactive sources belonging to Group B

1. Implement the measures prescribed in Clauses 1, 6, 8 of Article 7 and Point d of Clause 1 of Article 10 of this Regulation.

2. Use separate storage facilities to store radiation sources.

3. Install security locks on the doors of the storage facility for radioactive sources.

4. Store radioactive sources in containers or protective tanks with locks that are securely fastened to the floor or wall to limit their mobility.

Article 12. Responsibilities of organizations and individuals transporting radioactive sources belonging to Group B

Organizations and individuals transporting radioactive sources belonging to Group B must implement security measures as prescribed in Article 9 of this Regulation.

Article 13. Responsibilities of organizations and individuals using, storing, and transporting radioactive sources belonging to Group C

1. For the use of radioactive sources:

a) Implement the measures prescribed in Clauses 6 and 8 of Article 7 of this Regulation;

b) Use radioactive sources in areas where access to the sources can be detected;

c) Develop and implement procedures for managing radioactive sources when removing them from the workplace for maintenance or repair.

2. For the storage of radioactive sources:

a) Implement the measures prescribed in Clauses 6 and 8 of Article 7 of this Regulation;

b) Store radioactive sources in locked protective tanks that are securely fastened to the floor or wall to limit their mobility;

c) Strictly control entry and exit to the location where the protective tanks containing radioactive sources are stored.

3. For the transportation of radioactive sources, measures as prescribed in Clauses 1, 2, and 4 of Article 9 of this Regulation must be implemented.

Article 14. Responsibilities of organizations and individuals using, storing, and transporting radioactive sources belonging to Group D

1. Implement the measure prescribed in Point b of Clause 2 of Article 10 of this Regulation.

2. Conduct periodic inventory of radioactive sources once a year in November, report to the local Department of Science and Technology for consolidation and reporting to the Ministry of Science and Technology.

Article 15. Notification responsibilities

Organizations and individuals managing, using, storing, and transporting radioactive sources, upon discovering loss of control or security over radioactive sources, shall be responsible for:

1. Immediately notifying the nearest public security authority to coordinate in handling the situation.

2. Within 24 hours, report to the immediate superior supervisory authority, the local Department of Science and Technology, and the Ministry of Science and Technology.

Chapter III

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES IN IMPLEMENTING SERVICE PRICES

IN THE MATTER OF SECURING RADIOACTIVE SOURCES

Article 16. Responsibilities of Ministries and Sectors

Ministries and agencies equivalent to ministries having subordinate units and organizations under their management, use, store, and transport radioactive sources shall be responsible for:

1. Directing subordinate units and organizations within their management scope to strictly implement the provisions of this Regulation.

2. Cooperate with the Ministry of Science and Technology to organize publicity, dissemination of information, and training on securing radioactive sources for units and organizations under their management.

3. Be responsible for failing to secure radioactive sources at units and organizations directly managed by their ministry or agency.

4. Statistics on radioactive sources used in their ministry or agency and annually report to the Ministry of Science and Technology the results of securing radioactive sources before November 30 for consolidation and reporting to the Prime Minister.

Article 17. Responsibilities of the Ministry of Science and Technology

1. Take the lead and cooperate with relevant ministries, sectors, and localities to organize the dissemination, guidance, and inspection of the implementation of this Regulation.

2. Organize the dissemination of information and training on securing radioactive sources.

3. Prescribe conditions for securing radioactive sources for issuing permits.

4. Conduct inspections, audits, and handle violations related to securing radioactive sources.

5. Guide the preparation of files, standardized forms for counting, inventory, managing radioactive sources, and regular reports.

6. Statistics on radioactive sources and annually consolidate and report to the Prime Minister the results of securing radioactive sources nationwide.

7. Implement the provisions of Clauses 1 and 3 of Article 16 of this Regulation.

Article 18. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

1. Organize investigations into lost radioactive sources, illegal trading, and use of radioactive sources.

2. Participate in implementing emergency plans when there is an infringement on radioactive sources.

3. Coordinate with international police organizations and other national police forces in cases involving radioactive source security beyond Vietnam's borders.

4. Implement the provisions of Clauses 1, 2, and 3 of Article 16 of this Regulation.

5. Statistics on radioactive sources used in the Ministry of Public Security and annually report to the Prime Minister the results of securing radioactive sources in units within the Ministry of Public Security, while also reporting to the Ministry of Science and Technology the non-confidential parts for consolidation.

Article 19. Responsibilities of the Ministry of National Defense

1. Dispatch forces to participate in handling emergency situations related to loss of control over radioactive sources security.

2. Implement the provisions set forth in Clauses 1, 2, and 3 of Article 16 of this Regulation.

3. Statistically record radioactive sources used within the Ministry of National Defense and report annually to the Prime Minister on the results of ensuring radioactive source security at units within the Ministry of National Defense, simultaneously reporting to the Ministry of Science and Technology the non-confidential parts for consolidation.

Article 20. Responsibilities of People's Committees at all levels

1. The People's Committee of provinces and centrally governed cities shall be responsible for:

a) Directing and allocating funds for the Department of Science and Technology to carry out the following tasks:

- Guiding the implementation of the Regulation on Ensuring Radioactive Source Security for organizations and individuals with radioactive sources within their jurisdiction;

- Propaganda, training, and raising awareness about ensuring radioactive source security within their jurisdiction;

- Reporting annually on the results of ensuring radioactive source security within their jurisdiction to the Ministry of Science and Technology before November 30 for consolidation and reporting to the Prime Minister.

b) Cooperating with the Ministry of Science and Technology or implementing within their authority inspections, audits, and handling violations in radioactive source management activities within their jurisdiction;

c) Directing local public security agencies to implement the provisions set forth in Clauses 1 and 2 of Article 18 of this Regulation;

d) Being responsible for failing to ensure radioactive source security at units within their jurisdiction.

2. The People's Committee of districts and communes shall be responsible for coordinating with relevant agencies to propagate, mobilize, and inspect the implementation of the provisions of this Regulation by units with radioactive sources under their management.

Chapter IV

HANDLING VIOLATIONS

Article 21. Violations of the Provisions on Ensuring Radioactive Source Security

1. Organizations and individuals with radioactive sources fail to apply security measures for radioactive sources as prescribed in this Regulation.

2. Organizations and individuals with radioactive sources, upon discovering a loss of security over radioactive sources, do not report to the nearest public security agency, immediate superior administrative body, Department of Science and Technology, and the Ministry of Science and Technology as required.

3. State administrative agencies, civil servants, and state employees lack a sense of responsibility in implementing the provisions of this Regulation.

Article 22. Handling of violations

Organizations and individuals who violate the provisions of this Regulation shall be subject to disciplinary action, administrative violation handling, or criminal prosecution, depending on the nature and severity of the violation, and must compensate for damages according to the law if damage occurs./.