Circular No. 12/2023/TT-BKHCN on the preparation for and response to radiation and nuclear incidents, and the establishment and approval of provincial-level emergency response plans

CIRCULAR

Article on preparing for and responding to radiation and nuclear accidents, establishing and approving emergency response plans for radiation and nuclear accidents;

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Pursuant toregarding the development and application of atomic energy.June 3, 2008;

Pursuant to Decree No.07/2010/NĐ-CPJanuary 25, 2010 Government Decree detailing and guiding the implementation of certain provisions ofregarding the development and application of atomic energy.;

Pursuant to Decree No.28/2023/NĐ-CPJune 2, 2023 Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No.142/2020/NĐ-CPDecember 9, 2020 Government Decree on conducting radiation work and supporting services for the application of atomic energy;

At the proposal of the Director of the Radiation and Nuclear Safety Administration and the Head of the Legal Department;

The Minister of Science and Technology issues the Circular stipulating the preparation for and response to radiation and nuclear accidents, establishing and approving emergency response plans for radiation and nuclear accidents.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular provides for:

a) Preparation for and response to radiation and nuclear accidents at the facility level and provincial level;

b) Establishment and approval of emergency response plans for radiation and nuclear accidents at the provincial level.

2. This Circular applies to:

a) Organizations and individuals participating in the preparation for and response to radiation and nuclear accidents;

b) Authorities with the power to approve emergency response plans for radiation and nuclear accidents.

Article 2. Interpretation of Terms

1. Radiation and nuclear accident(hereinafter referred to as "accident") is a situation of loss of radiation safety; loss of nuclear safety; loss of security for radioactive sources, nuclear materials, and nuclear equipment.

2. Protective actionsare actions aimed at reducing exposure, avoiding or preventing exposure caused by the accident.

3. Risk groupis a group of facilities, radioactive sources, radiation equipment, nuclear equipment; activities that have the potential to cause an accident and areas affected by the accident with equivalent levels of damage.

4. Alert levelis an indication of the severity or urgency of the ongoing or imminent accident situation.

5. General criterion levelis the predicted dose of radiation or received dose at which corresponding protective actions need to be taken.

6. Emergency response forceis the main force participating in the preparation and response to emergencies.

7. Initial response teamare members of the emergency response force responsible for initial response at the scene.

8. Deterministic effectis the biological impact on humans caused by radiation when the radiation dose exceeds a threshold level. The severity of the effect is proportional to the radiation dose. Some manifestations of deterministic effects include vomiting, skin burns, necrosis, and death.

9. Stochastic effectis the biological impact on humans caused by radiation, with the probability of occurrence increasing with the radiation dose. The severity of the effect does not depend on the radiation dose. Some manifestations of stochastic effects include leukemia and cancer.

10. Emergency Protection Action Zone (Precautionary Action Zone - PAZ)is the entire area surrounding the facility that requires measures to implement emergency protective actions to reduce the risk of deterministic effects on the public outside the facility.

11. Urgent Protective Action Planning Zone (Urgent Protective Action Planning Zone - UPZ)is the entire area surrounding the facility that requires measures to implement urgent protective actions to prevent exposure to the public outside the facility.

12. Extended Planning Distance (Extended Planning Distance - EPD)is the area surrounding the facility that requires measures to implement monitoring after receiving a Level C alert (general emergency level) to determine areas where external responses need to be implemented when there is a radioactive release to minimize the risk of stochastic effects on the public.

13. Ingestion and Commodities Planning Distance (Ingestion and Commodities Planning Distance - ICPD)is the area surrounding the facility that requires measures to implement responses after receiving a Level C alert (general emergency level) to minimize the risk of stochastic effects on the public and mitigate non-radiological consequences from the distribution and consumption of food, drinking water, and other goods that may be contaminated by radioactive releases from the facility during an accident.

Article 3. Principles and requirements for emergency preparedness and response activities

1. Emergency preparedness and response activities must comply with the following principles:

a) Protective actions must ensure that the benefits outweigh the harm caused by such actions;

b) The form, scope, and duration of protective actions must be optimized to achieve maximum practical benefits;

c) The emergency response plan must ensure timely, managed, coordinated, and effective response to emergencies at the grassroots level, provincial level, and national level;

d) Responsibilities between participating organizations and individuals must be clearly assigned; emergency response directives must follow the principle of centralized and unified command;

đ) Radiation and nuclear emergency preparedness and response must be synchronized with other emergency preparedness activities;

2. Emergency response activities must meet the following requirements:

a) Control the development of the incident and minimize consequences;

b) Protect human lives;

c) Prevent or mitigate severe deterministic effects;

d) Provide initial relief measures and treatment for victims;

đ) Minimize the risk of random effects;

e) Provide information and ensure public confidence;

g) Maximize prevention of non-radiological consequences for individuals and the public;

h) Minimize damage to property and the environment;

i) Create favorable conditions for long-term emergency recovery work and planning to return economic and social activities to normal status;

Article 4. Risk Groups, General Criteria Levels, and Alarm Levels

1. Risk groups serve as the basis for emergency preparedness and response activities. Risk groups are divided into five categories I, II, III, IV, and V as specified in Appendix I of this Circular.

2. Organizations and individuals participating in emergency response activities base their protective actions on general criteria levels. General criteria levels are defined in Appendix II of this Circular.

3. Alarm levels are applied as the basis for mobilizing resources to conduct emergency response activities. Alarm levels are defined in Appendix III of this Circular.

Article 5. Responsibilities of Organizations and Individuals Participating in Emergency Preparedness and Response Activities

1. The head of an organization or individual holding a permit to carry out radiation work as stipulated in Article 18 of the Atomic Energy Law (hereinafter referred to as the head of the facility) bears primary responsibility for emergency preparedness and response at the facility.

2. Organizations and individuals developing an emergency response plan as prescribed in Clause 5, Article 83 of the Atomic Energy Law have responsibilities:

a) To establish and submit the emergency response plan to the competent authority for approval;

b) To establish an emergency response command team or integrate it into the Provincial Disaster Prevention and Control and Search and Rescue Command Team at the same level, ensuring full implementation of the responsibilities set forth in this clause (hereinafter referred to as the Command Team);

c) To build necessary human resources, equipment, infrastructure, and invest in facilities (as specified in Appendix V of this Circular) for appropriate emergency preparedness and response under specific conditions; organize regular annual emergency response drills;

3. Organizations and individuals participating in emergency preparedness and response activities must perform functions and tasks according to the authority defined in the emergency response plan; build resources and coordinate with other organizations and individuals as prescribed;

4. The Head of the Command Team has responsibilities:

a) To assign responsibilities and direct the implementation of specific tasks for Command Team members;

b) To report incidents, initiate and terminate emergency responses;

c) To command and mobilize forces participating in emergency response activities; direct the implementation of protective actions with advice from organizations and individuals tasked with emergency response plans approved;

d) To appoint or designate on-site commanders suitable for each specific situation;

đ) To compile and evaluate the situation of the incident to report to competent authorities;

e) To appoint or designate representatives to provide information to the public as prescribed by law;

g) When changes affect the implementation of the emergency response plan, update and supplement the plan and notify the competent authority approving the emergency response plan;

5. Provincial and grassroots-level Command Teams (hereinafter referred to as the levels) have responsibilities:

a) To coordinate the provision of necessary human resources, equipment, means, and infrastructure based on requirements for emergency preparedness and response activities and specific conditions;

b) To establish an initial response team at the scene;

c) To organize emergency response activities as prescribed in the emergency response plan;

d) To organize regular annual emergency response drills;

6. On-site emergency response commanders have responsibilities:

a) To mobilize resources and command forces participating in on-site emergency response activities;

b) To play the role of the main point of contact for receiving, processing, and providing information at the scene;

c) To follow the directives of the Head of the Command Team;

7. Responsibilities of the Radiation and Nuclear Safety Agency:

a) To build capacity, coordinate the reception and processing of incident information 24/7; participate in supporting emergency response activities within its authority;

b) To ensure the maintenance of connectivity and data transmission from the National Environmental Radiation Monitoring and Warning Center.

Article 6. Emergency Response Center

1. Facilities belonging to Group I and II emergency preparedness must establish an Emergency Response Center for the facility physically separate from the Facility Control Room. The facility's Emergency Response Center must be equipped with all necessary equipment to facilitate information exchange with the Facility Control Room, organizations, and forces at various levels involved in emergency response, radiation monitoring, and must be equipped with radiation protection devices.

2. For Group I and II risk facilities, the Emergency Response Center located outside the facility must be constructed and fully equipped with necessary emergency response equipment and means, and must ensure safety. The headquarters of the Emergency Response Center located outside the facility, and the initial emergency response force, must be established and maintained according to the national emergency response plan.

Chapter II

PREPARATION AND EMERGENCY RESPONSE

Section 1. REQUIREMENTS FOR EMERGENCY PREPAREDNESS WORK

Article 7. Organization and Management in Emergency Preparedness

1. Facilities belonging to Groups I, II, and III have the responsibility to define the transition process from normal operation status to emergency status, ensuring that the safety and security functions of the facility are not reduced.

2. Facilities belonging to Groups I, II, and authorities within the area of Group V have the responsibility to develop coordination plans for emergency response with related organizations and individuals in the UPZ and PAZ areas, and the EPD and ICPD zones. The dimensions of the UPZ and PAZ areas, the EPD and ICPD zones are defined in Appendix IV of this Circular.

Article 8. Work on Preparation for Confirmation of Incident, Notification, and Activation of Emergency Response System

1. Command bodies at various levels are responsible for:

a) Issuing procedures for receiving and processing 24/7 incident information, including recommendations for response measures and assistance work;

b) Organizing training for the initial response team capable of recognizing radiation warning signs and issuing appropriate notifications and timely warnings when incidents occur.

2. Command bodies at various levels, based on the alarm levels specified in Appendix III of this Circular, are responsible for establishing notification systems and activating emergency response systems in accordance with the law.

Article 9. Work on Preparation for Mitigation of Consequences

1. Command bodies at various levels are responsible for:

a) Developing technical advisory plans and providing radiation protection resources for those involved in emergency response;

b) Training emergency response forces on measures to mitigate potential consequences of incidents, protecting employees and the public around the incident area.

2. Facilities using radioactive sources belonging to Groups 1 and 2 according to the National Technical Regulation on Radiation Safety - Subdivision and Classification of Radioactive Sources (QCVN 6:2010/BKHCN) must establish timely relationships and communication methods with organizations and individuals capable of supporting emergency response as stipulated in the emergency response plan.

3. Facilities belonging to Groups I, II, and III have the responsibility to prepare to implement actions to mitigate consequences aimed at achieving the following objectives:

a) Preventing escalation of incidents;

b) Returning the facility to a safe state;

c) Minimizing the possibility of radioactive material dispersion;

d) Minimizing the risk of exposure.

Article 10. Emergency Preparedness Work

1. Command bodies at all levels shall be responsible for informing the initial response team to be ready to implement measures to rescue people and prevent the impact of radioactive substances that may exist at the site.

2. Facilities belonging to Groups I and II shall be responsible for preparing to make decisions and implement emergency protection actions within the facility, including:

a) Describing the characteristics of the emergency response zone (UPZ for facilities in Group I and PAZ for facilities in Groups I and II);

b) Based on the alarm level and actual conditions inside and around the facility, proposing the implementation of emergency protection actions outside the facility to competent authorities as stipulated in the Provincial Emergency Response Plan;

3. Facilities belonging to Groups I, II, and III shall ensure the safety of all individuals within the facility when an incident occurs, including:

a) Announcing the incident throughout the facility;

b) Counting all individuals within the facility;

c) Identifying and searching for missing persons;

d) Implementing emergency protection actions;

đ) Providing timely first aid.

4. The provincial command body where the PAZ and UPZ areas are located shall prepare and coordinate with other response forces to implement emergency protection actions outside the facility, including:

a) Protecting response personnel;

b) Informing the public in the PAZ and UPZ areas;

c) Implementing emergency protection actions;

d) Protecting food and water supplies;

đ) Requesting restrictions on the consumption of food in affected areas;

e) Conducting radiation monitoring, decontamination, and caring for evacuees;

g) Controlling access to the area where evacuees are concentrated.

Article 11. Information Provision Preparation Work

1. Facilities belonging to Groups I and II shall be prepared to provide information about the incident to the provincial information reception point. Competent authorities for Group V shall be prepared to provide information about the incident to the national information reception point. Information includes:

a) The nature and dangerous condition of the incident;

b) Methods of warning, notification, and actions that citizens need to take when an incident occurs.

2. Facilities belonging to Groups I and II and competent authorities for Group V shall proactively grasp and update the situation of the population in the potentially affected area to have timely plans for notification and guidance in case of an incident at Alarm Level C.

3. Command bodies at all levels shall be responsible for:

a) Assigning agencies, organizations, and individuals to provide information about the incident, response measures, and other relevant information to related parties;

b) Preparing resources to ensure the provision of information;

c) Developing advisory and support plans for the public, promptly explaining health risks and advising the public on necessary protective actions and actions to avoid to minimize the consequences caused by the incident.

Article 12. Preparedness for Evaluating Alarm Levels

1. Facilities belonging to Groups I, II, and III shall be responsible for preparing (human resources, equipment, means, procedures) for evaluating:

a) Abnormal conditions within the facility;

b) Radiation exposure or radioactive substance release scenarios;

c) Radiation status inside and outside the facility;

d) Potential and actual radiation exposure scenarios.

2. Facilities preparing for incidents in Groups I and II, competent authorities in the Group V area, and command bodies at all levels shall be responsible for preparing:

a) Assessing radioactive contamination, radioactive substance release, and radiation dose to make decisions on implementing protective actions in the PAZ and UPZ areas, the EPD and ICPD zones;

b) Trained human resources and equipment to implement the provisions of point a of this clause;

c) Storing information related to alarm level assessment to serve emergency response work.

3. Facilities belonging to Group IV shall be responsible for preparing:

a) Determining the scale and severity of abnormal radiation exposure or contamination situations;

b) Determining the number of people at risk of radiation exposure;

c) Notifying the danger level, proposing mitigation measures and protective actions in the incident-affected area to competent authorities.

Article 13. Health Preparedness Work

1. Personnel participating in health response must be trained on:

a) Radiation safety;

b) Clinical symptoms caused by radiation exposure;

c) Notification procedures and initial treatment procedures for victims in emergencies.

2. Facilities belonging to risk groups I, II, and III must prepare for treating employees who have been overexposed to radiation or contaminated, including: initial care, dose assessment, transportation, and initial medical treatment.

3. For the UPZ and PAZ zones of facilities in risk group I, the command bodies at all levels must develop plans to classify and transfer high-dose radiation-exposed individuals to specialized hospitals.

4. Health organizations specified in the emergency response plan are responsible for preparing:

a) Emergency personnel, equipment, and treatment resources;

b) Treatment protocols for early diagnosis and treatment of radiation diseases;

c) Consultations with other specialized organizations regarding severe injuries affecting the health and lives of response personnel and the public.

Article 14. Preparation for Food Control and Long-term Protection

1. Command bodies in areas belonging to risk groups IV and V are responsible for developing plans to protect agricultural production and control the distribution and consumption of food in contaminated areas.

2. Command bodies at all levels are responsible for preparing for the management of radioactive waste generated by the incident, including: evaluating and classifying radioactive waste; contacting competent authorities for disposal and storage.

3. Provincial command bodies are responsible for preparing temporary evacuation plans for people in areas affected by radiation exceeding general criteria; conducting radiation checks on people, property, and vehicles entering and exiting contaminated areas.

Article 15. Preparation for Ending Protective Activities and Environmental Recovery

1. Command bodies at all levels are responsible for planning the termination of emergency response activities, including establishing criteria for ending protective actions based on on-site radiation safety conditions.

2. Command bodies at all levels are responsible for planning environmental recovery, including:

a) Responsibilities of relevant agencies and organizations;

b) Providing information and assessing both radiological and non-radiological consequences;

c) Measures to ensure radiation safety, control occupational and public radiation exposure.

Section 2. REQUIREMENTS FOR EMERGENCY RESPONSE ACTIVITIES

Article 16. Organization and Management in Emergency Response Activities

Command bodies at all levels are responsible for:

1. Ensuring synchronized coordination between organizations and individuals participating in emergency response activities inside and outside the facility.

2. Evaluating necessary information to issue resource mobilization decisions throughout the incident.

Article 17. Incident Confirmation, Notification, and Activation of Response Systems

1. When there is information related to an incident, the information reception and processing points at all levels must confirm the incident, determine the alert level, and notify the corresponding command body to consider and activate the emergency response system.

2. The time for confirming incidents, notifications, and activating response systems is presented in Appendix VI of this Circular.

Article 18. Implementation of measures to mitigate consequences

1. The initial response team shall implement appropriate response measures based on specific circumstances and general criteria to reduce the consequences caused by incidents from Group IV risk.

2. Facilities belonging to Groups I, II, III, and IV shall promptly undertake suitable response measures to minimize the consequences of incidents.

3. Resources for emergency response at all levels, including technical equipment, communication facilities, preventive medications, evacuation sites, and other essential supplies, must be available to support emergency responses for facilities and incidents in Groups I, II, and III.

Article 19. Implementation of emergency protection measures

Organizations and individuals participating in incident response shall be responsible for:

1. Prioritizing the implementation of all appropriate measures to rescue people.

2. Implementing emergency protection actions as prescribed in Appendix II of this Circular.

3. Adjusting emergency protection actions in accordance with the development of the incident.

4. Ceasing emergency protection actions when they are no longer appropriate.

Article 20. Provision of information and guidance to the public

Command bodies at all levels are responsible for:

1. Based on the level of alert, specific conditions, and field monitoring data, timely warnings and protective action guidance for the public shall be provided within the scope of authority.

2. Providing accurate, clear, and timely information to prevent the spread of false information.

Article 21. Protection of response personnel

Organizations and individuals involved in preparing for and conducting incident responses shall be responsible for implementing protective measures for personnel and dose control according to procedures established in the Incident Response Plan and as stipulated in Circular No. 19/2012/TT-BKHCN issued on November 8, 2012, by the Minister of Science and Technology regarding radiation safety control and assurance during occupational and public exposure.

Article 22. Evaluation of alert levels

Organizations and individuals assigned to evaluate alert levels shall be responsible for:

1. Determining the alert level specified in Appendix III of this Circular based on the severity and potential consequences of the incident.

2. Conducting radiation surveys and environmental sample analysis to promptly identify risks and adjust response measures.

3. Providing information on the incident status and recommending appropriate protective actions.

Article 23. Medical response

1. Organizations and individuals who detect signs of illness caused by radiation shall report to the information reception point.

2. Healthcare organizations shall be responsible for providing initial medical care and reporting to the information reception point when signs of radiation-induced illness are detected.

3. Individuals exposed to or contaminated with radiation must be monitored and treated at healthcare facilities capable of diagnosing and treating radiation diseases.

Article 24. Control of foodstuffs and long-term protection

1. The provincial command board shall be responsible for implementing measures to protect agricultural production and controlling the distribution and consumption of foodstuffs as prescribed in Appendix II of this Circular.

2. Command boards at all levels shall be responsible for organizing the management of radioactive waste generated by the incident.

Article 25. Termination of protective actions, notification of incident level, and environmental recovery

1. Command bodies at various levels are responsible for:

a) Determine the time and notify the termination of protective actions;

b) Evaluate the incident level in accordance with Clause 3, Article 82 of the Atomic Energy Law and publicly notify according to authority;

c) Organize the assessment of occupational radiation dose for staff involved in environmental recovery activities.

2. The Command decides to end environmental recovery when the following conditions are met:

a) The potential effective dose does not exceed 10 mSv/year;

b) Measures to recover the environment have been applied to minimize the potential effective dose.

Chapter III

ESTABLISHMENT AND APPROVAL OF PROVINCIAL EMERGENCY RESPONSE PLAN

Article 26. Provincial emergency response plan

The provincial emergency response plan is structured as follows:

1. General provisions:

a) Describe the scope of regulation and the subjects to which the emergency response plan applies;

b) Explain the concepts and terms used in the emergency response plan;

c) Provide information related to the list, address, and contact phone numbers of organizations and individuals participating in emergency response and those providing support;

d) List other relevant emergency response plans such as those for natural disasters and fire prevention and extinguishing that are effective within the province or centrally governed city.

2. Legal basis for establishing the emergency response plan:

Present a list of normative legal documents issued by central and local state agencies with authority and quote the main contents of these documents.

3. Analysis of risks leading to incidents in the province:

a) Based on the risk groups defined in Appendix I of this Circular, analyze the risks, scenarios, and consequences caused by incidents;

b) Analyze risks related to security breaches concerning radioactive sources within the province.

4. Organizational structure and responsibilities of organizations and individuals participating in emergency response:

a) Clearly define the organizational structure and present a diagram of the emergency response organization;

b) Specify in detail the responsibilities of each organization and individual according to the requirements for preparation and emergency response, specifically: the structure and composition of the Command; the responsibilities of the Command; the responsibilities of each member of the Command; the responsibility of the Command Leader; the responsibilities of participating organizations; and the responsibilities of supporting organizations.

The responsibilities of organizations and individuals participating in emergency response must be detailed in accordance with the provisions of Section 1, Chapter II of this Circular.

5. Emergency response activities:

a) Apply the principles of emergency response as stipulated in Article 3 of this Circular to emergency response activities;

b) Develop a management mechanism during the emergency response process;

c) Develop a mobilization plan for personnel and equipment suitable for the alarm level;

d) Establish basic phases of emergency response including contents guided in Appendix VII of this Circular;

đ) Develop methods and contents for notifying information related to the progress of emergency response to participating organizations, mass media during the emergency response process as directed in Appendix VIII of this Circular;

e) Develop regulations on notification, assistance, and requests for assistance from related localities during emergency response.

6. Appendices:

a) List and detailed contact addresses of the Command, organizations, and individuals participating in emergency response;

b) Documents serving emergency response work such as: notification and information reception templates; determination of alarm levels and mobilization levels; dispatching and appointing on-site commanders;

c) Some guidelines and instructions such as: information provision guidelines during emergency response; safety assurance instructions for the public and emergency responders when incidents occur; recommendations for safe zones during incidents;

d) Based on the environmental recovery provisions in Article 25 of this Circular, develop procedures for making decisions to terminate response activities and objectives to be achieved when planning long-term recovery;

đ) Develop specific response scenarios and procedures for incident situations based on risk analysis in the province;

e) Develop report templates;

g) Develop an emergency response log.

Article 27. Approval of Provincial Emergency Response Plans

1. Documents for approval request:

a) Request letter for approval;

b) Four copies of the Provincial Emergency Response Plan established in accordance with the structure and content stipulated in Article 26 of this Circular; the Emergency Response Plan must be signed and stamped by the competent authority drafting it, have a cross-stamp on each page, and have a hard cover.

2. The competent authority to approve the Provincial Emergency Response Plan as prescribed in Clause 5 of Article 83 of the Atomic Energy Law.

3. Approval procedure:

a) The People's Committee of the province requesting approval of the Provincial Emergency Response Plan must submit one set of documents as prescribed in Clause 1 of this Article to the Ministry of Science and Technology. Within ten working days from the date the Ministry of Science and Technology receives all the documents, the Ministry of Science and Technology shall establish an Evaluation Board for the Provincial Emergency Response Plan;

b) Within sixty days after receiving the evaluation results from the Evaluation Board, the Ministry of Science and Technology shall issue a decision to approve the Provincial Emergency Response Plan. In case the Ministry of Science and Technology does not agree to approve, it must respond in writing and specify the reasons.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Transitional Provisions

1. A Provincial Emergency Response Plan that has been approved in accordance with Circular No. 25/2014/TT-BKHCNdated October 8, 2014 of the Minister of Science and Technology regarding preparation for and response to radiation and nuclear incidents, establishment and approval of radiation and nuclear incident emergency response plans, shall not need to undergo re-approval procedures.

2. A Provincial Emergency Response Plan that has not been approved before the effective date of this Circular must comply with the provisions of this Circular.

Article 29. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from August 18, 2023.

2. This Circular replaces Circular No. 25/2014/TT-BKHCNdated October 8, 2014 of the Minister of Science and Technology regarding preparation for and response to radiation and nuclear incidents, establishment and approval of radiation and nuclear incident emergency response plans.

3. During implementation, if there are any difficulties or new issues arise, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Science and Technology for review and appropriate amendments and supplements./.