Circular No. 17/2013/TT-BKHCN guiding the implementation of the declaration provisions of the Supplementary Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency on the Application of Safeguards pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons.

CIRCULAR

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Pursuant to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons signed on October 2, 1989, which entered into force on February 23, 1990;

Pursuant to the Supplementary Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons signed on August 10, 2007, which entered into force on September 17, 2012;

Pursuant to the Atomic Energy Law dated June 3, 2008;

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;

Considering the proposal of the Director of the Radiation and Nuclear Safety Department;

The Minister of Science and Technology issues this Circular guiding the implementation of the declaration provisions of the Supplementary Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

Article 1. Scope of Regulation

This Circular guides the implementation of the declaration provisions of the Supplementary Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals conducting research and development activities related to the nuclear fuel cycle but not using nuclear material.

2. Organizations and individuals having:

a) A facility under nuclear control, including cases where the facility has ceased operations related to nuclear material, source material, and nuclear material, source material that has been removed;

b) Nuclear material, source material weighing or less than 01 (one) effective kilogram, including cases where nuclear material, source material has been removed;

c) Nuclear material, source material exempted from safeguards under the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

3. Organizations and individuals carrying out the following activities:

a) Producing, assembling equipment or materials within the nuclear fuel cycle specified in Appendix I attached hereto;

b) Mining, processing uranium and thorium ores;

c) Exporting, importing, using, or storing source material that has not reached the appropriate composition and purity for the manufacture of nuclear fuel or enrichment, including exporting, importing source material for non-nuclear purposes;

d) Storing, treating radioactive waste containing plutonium, highly enriched uranium, or uranium-233 without repackaging or conditioning for storage or disposal and without separating elements for storage or disposal;

e) Exporting, importing materials and equipment within the nuclear fuel cycle.

Article 3. Explanation of Terms

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

1. Research and development related to the nuclear fuel cycle includes research and development activities concerning the conversion of nuclear material; enrichment of nuclear material; production of nuclear fuel; nuclear reactors; safety structures; recycling of nuclear fuel; treatment of radioactive waste containing plutonium, highly enriched uranium, or uranium-233 (excluding repackaging or conditioning for storage or disposal and without separating elements).

2. Highly enriched uranium is uranium containing 20% or more than 20% of the isotope uranium-235.

3. Borrowing and returning area is an area designated in the corresponding design information of a facility under nuclear control or a facility with nuclear material, source material weighing or less than 01 (one) effective kilogram regularly used.

Article 4. Reporting Requirements

1. Initial Reporting

a) Organizations and individuals conducting activities as prescribed in Clauses 1, 2 and Points a, b, c, d of Clause 3, Article 2 of this Circular, who obtain business registration certificates or activity registrations after the Circular takes effect, shall be responsible for submitting initial reports to the Radiation and Nuclear Safety Agency within forty-five days from the date of issuance of such certificates or registrations.

Organizations and individuals conducting activities as prescribed in Point d of Clause 3, Article 2, when handling radioactive waste, shall be responsible for reporting to the Radiation and Nuclear Safety Agency at least two hundred ten days prior to the commencement of such handling.

Organizations and individuals conducting activities as prescribed in Clauses 1, 2 and Points a, b, c, d of Clause 3, Article 2 of this Circular, who obtain business registration certificates or activity registrations before or on the day the Circular takes effect, shall be responsible for submitting initial reports to the Radiation and Nuclear Safety Agency within forty-five days from the date the Circular takes effect.

b) Organizations and individuals conducting activities as prescribed in Point đ of Clause 3, Article 2 of this Circular shall comply with the reporting requirements set forth in Article 5 of Circular No. 25/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology, concerning the list and control requirements for materials and equipment in the nuclear fuel cycle.

2. Annual Reporting

Organizations and individuals required to submit initial reports under Clause 1 of this Article shall be responsible for submitting periodic annual reports and sending them to the Radiation and Nuclear Safety Agency before January 31 each year.

3. Supplementary Reporting

Organizations and individuals conducting activities as prescribed in Article 2 of this Circular shall be responsible for submitting supplementary reports according to Form No. 09/AP-KSHN of Appendix II attached to this Circular when requested by the Radiation and Nuclear Safety Agency.

Within fifteen days from the date of receipt of the request letter, organizations and individuals shall be responsible for submitting and sending the supplementary report to the Radiation and Nuclear Safety Agency.

4. Organizations and individuals conducting activities as prescribed in Article 2 of this Circular must submit a comprehensive ten-year plan according to Form No. 08/AP-KSHN of Appendix II attached to this Circular, along with the initial report and annual reports, to the Radiation and Nuclear Safety Agency.

Article 5. Reporting Documents

1. The reporting form corresponding to the model prescribed in Appendix II attached to this Circular.

2. Technical documents accompanying materials and equipment.

3. Other relevant documents as required by the Radiation and Nuclear Safety Agency.

Article 6. Responsibilities of Organizations and Individuals Conducting Reporting

Organizations and individuals conducting reporting as prescribed in Article 4 of this Circular shall be responsible for:

1. Truthfully and fully reporting.

2. Cooperating with the Radiation and Nuclear Safety Agency to verify reported information.

3. Facilitating conditions for authorized officers of the Radiation and Nuclear Safety Agency and international inspectors to review reported information.

4. Appointing at least one person to be responsible for reporting in accordance with this Circular.

Article 7. Implementation Provisions

1. The Radiation and Nuclear Safety Agency shall be responsible for guiding, urging, and inspecting organizations and individuals in their implementation of reporting as stipulated in this Circular.

2. This Circular takes effect from September 16, 2013.

3. During implementation, if there are any difficulties or new issues arise, they should be promptly reflected to the Ministry of Science and Technology for consideration and amendment./.