Circular No. 20/2013/TT-BKHCN guiding procedures for inspection and supervision processes to ensure nuclear safety during the survey and evaluation of sites for nuclear power plants

CIRCULAR

Guidelines for procedures to inspect, processes, and inspection procedures for nuclear safety during site survey and evaluation for a nuclear power plantnuclear power plant

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;

Based on the Inspection Law dated November 15, 2010;

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

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 70/2010/ND-CP dated June 22, 2010 of the Government detailing and guiding the implementation of certain provisions of the Atomic Energy Law regarding nuclear power plants;

The Minister of Science and Technology guides the procedures for inspection, processes, and inspection procedures for nuclear safety during the site survey and evaluation for a nuclear power plant.

Section 1
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the procedures for inspection, processes, and inspection procedures of state management agencies on radiation and nuclear safety for activities related to site survey, evaluation, data collection during the preparation and submission of documents to the Ministry of Science and Technology for review and submission to the Prime Minister for approval of the location for constructing a nuclear power plant as decided by the National Assembly according to the Atomic Energy Law (hereinafter referred to as inspection and supervision of nuclear safety at the site of a nuclear power plant).

Article 2. Applicability

This Circular applies to:

1. State management agencies on radiation and nuclear safety; inspection agencies; agencies assigned to perform specialized inspection functions on radiation and nuclear safety; inspection teams; inspectors of the Ministry of Science and Technology shall carry out the task of supervising nuclear safety during the site survey, data collection, and evaluation (hereinafter referred to as site survey and evaluation) for building a nuclear power plant.

2. Project sponsors, applicants for site approval; consulting organizations; contractors implementing survey and evaluation activities aimed at preparing an application for approval of a specific site selected for building a nuclear power plant approved by the National Assembly's resolution on investment construction of a nuclear power plant.

3. Organizations and individuals performing advisory and technical support activities serving the inspection and supervision of nuclear safety at the site of a nuclear power plant.

Article 3. Inspection Authority for Nuclear Safety at the Site of a Nuclear Power Plant

1. The Inspectorate of the Ministry of Science and Technology (hereinafter referred to as the Inspectorate) is an agency under the Ministry of Science and Technology, assisting the Minister in carrying out state management functions regarding nuclear safety inspections, performing specialized inspection tasks for nuclear safety at the site of a nuclear power plant.

2. The Radiation and Nuclear Safety Agency is an agency under the Ministry of Science and Technology responsible for assisting the Minister in carrying out state management functions regarding radiation and nuclear safety, organizing the implementation of specialized inspection tasks for nuclear safety at the site of a nuclear power plant within its authority.

3. Provincial Science and Technology Inspectorates implement specialized inspection tasks for nuclear safety at the site of a nuclear power plant for activities related to site survey and evaluation within their jurisdiction according to directives, guidelines, or requests for cooperation from the Inspectorate, the Radiation and Nuclear Safety Agency.

Section 2
RESPONSIBILITIES OF RELATED ORGANIZATIONS AND INDIVIDUALS REGARDING THE WORK OF INSPECTION AND SUPERVISION OF NUCLEAR SAFETYFOR ACTIVITIES RELATED TO SITE SURVEY AND EVALUATIONOF A NUCLEAR POWER PLANT

Article 4. Responsibilities of Organizations and Individuals Conducting Site Survey and Evaluation Activities

Organizations and individuals conducting site survey and evaluation activities for a nuclear power plant have the responsibility to:

1. Submit quality assurance programs for site survey and evaluation activities for a nuclear power plant to the Ministry of Science and Technology and the Radiation and Nuclear Safety Agency before commencing such activities and when there are changes or supplements to the contents of these quality assurance programs.

2. Submit plans for conducting site survey and evaluation activities for a nuclear power plant to the Ministry of Science and Technology and the Radiation and Nuclear Safety Agency in accordance with the following schedule:

a) Submit overall plans and annual survey activity plans before commencing implementation;

b) Submit next year’s survey activity plan by September 1 each year;

c) Submit next quarter’s survey activity plan by the 15th day of the first month of the quarter;

d) Submit detailed next month’s survey activity plan by the 5th day of the preceding month.

3. Provide information and documents to inspection teams.

a) Provide complete and timely information, original documents, initial observation measurements, recorded data, and analysis and processing documents related to the content of inspections and supervision;

b) Ensure the accuracy and truthfulness of the information and documents provided to inspection teams and supervisory agencies.

4. Strictly, fully, and promptly comply with requirements and decisions on inspections and supervision; requirements and recommendations of inspection teams and supervisory agencies as stipulated in Clause 1, Article 2 of this Circular.

5. Comply with other requirements as prescribed by law.

Article 5. Responsibilities of the Inspection Agency

1. The Ministry of Science and Technology's Inspection Agency shall have the following responsibilities:

a) Develop inspection plans for nuclear power plant site survey and evaluation activities. Lead the implementation and directly carry out the inspection plan approved by the Minister of Science and Technology;

b) Guide, urge, and inspect the implementation of inspections for nuclear power plant site survey and evaluation activities conducted by the Radiation and Nuclear Safety Administration, provincial-level Science and Technology Departments' Inspection Agencies where such surveys and evaluations take place;

c) Serve as the focal point for compiling reports and inspection results of nuclear power plant site survey and evaluation activities conducted by the Radiation and Nuclear Safety Administration and provincial-level Science and Technology Departments' Inspection Agencies where such surveys and evaluations take place;

d) Monitor, urge, and inspect the implementation of inspection conclusions made by inspection teams organized by the Ministry's Inspection Agency regarding nuclear power plant site survey and evaluation activities;

đ) Request the Radiation and Nuclear Safety Administration and provincial-level Science and Technology Departments where nuclear power plant site survey and evaluation activities take place to assign suitable staff to join inspection teams organized by the Ministry's Inspection Agency when necessary;

e) Assign staff to participate in inspection teams of the Radiation and Nuclear Safety Administration upon request;

2. The Radiation and Nuclear Safety Administration shall have the following responsibilities:

a) Develop annual inspection plans for nuclear power plant site survey and evaluation activities based on management requirements and directives from the Ministry of Science and Technology's leadership, the Ministry's Inspection Agency's inspection plan, and submit them to the Ministry's Inspection Agency before November 1st each year for consolidation and submission to the Minister of Science and Technology for approval;

b) Develop detailed plans and implement approved inspection plans within its assigned authority;

c) Implement inspection directives and guidance provided by the Ministry's Inspection Agency for nuclear power plant site survey and evaluation activities;

d) Monitor, urge, and inspect the implementation of inspection conclusions and recommendations made by inspection teams led by the Administration regarding nuclear power plant site survey and evaluation activities;

đ) Coordinate with the Ministry's Inspection Agency to organize professional training on inspections of nuclear power plant site survey and evaluation activities for provincial-level Science and Technology Departments' Inspection Agencies where such surveys and evaluations take place;

e) Assign staff with appropriate professional qualifications to participate in inspection teams organized by the Ministry's Inspection Agency when requested;

3. Provincial-level Science and Technology Departments' Inspection Agencies where nuclear power plant site survey and evaluation activities take place shall have the following responsibilities:

a) Conduct inspections of nuclear power plant site survey and evaluation activities at the local level according to directives and guidance from the Ministry's Inspection Agency and the Radiation and Nuclear Safety Administration;

b) Submit inspection result reports and inspection conclusions to the Ministry's Inspection Agency and the Radiation and Nuclear Safety Administration;

c) Assign staff to participate in inspection teams organized by the Ministry's Inspection Agency and the Radiation and Nuclear Safety Administration when requested;

Section 3
ORGANIZATION OF INSPECTION AND SAFETY SUPERVISION FOR ACTIVITIES OF SURVEYING AND EVALUATING THE SITE FORNUCLEAR POWER PLANT

Article 6. Forms of Inspection

1. The organization of safety inspections at nuclear power plant sites shall be carried out according to plans, regular inspections, or spot inspections as prescribed in Article 37 of the Inspection Law.

2. The organization of safety inspections at nuclear power plant sites shall be conducted by inspection teams or inspectors assigned to carry out specialized inspections independently pursuant to the inspection decision of the competent authority as prescribed in Article 51 of the Inspection Law.

Article 7. Inspection Content

1. Inspection of survey activities and data collection on-site:

a) Survey activities and data collection on-site have been implemented in accordance with the survey plan and quality assurance program submitted by the survey organization or individual (hereinafter referred to as the surveyor) to the Ministry of Science and Technology;

b) Compliance with procedures established by the surveyor;

c) Equipment and tools used during the site survey and evaluation are appropriate, inspected, calibrated, and maintained regularly as required;

d) Personnel performing tasks related to site survey and evaluation have the necessary qualifications and expertise to meet job requirements; hold relevant professional certificates;

đ) Management of samples and documents on-site has been carried out in accordance with established procedures and quality assurance programs;

e) Establishment and control of various types of records have been fully implemented;

g) Supervision of on-site survey activities has been effectively deployed and implemented.

2. Inspection of quality assurance programs:

a) Quality assurance programs for survey and site evaluation activities have been established and comply with the provisions of Article 13 of Decree No. 70/2010/ND-CP dated June 22, 2010, of the Government detailing and guiding the implementation of certain articles of the Atomic Energy Law regarding nuclear power plants, and Article 9 of Circular No. 28/2011/TT-BKHCN dated October 28, 2011, of the Minister of Science and Technology on nuclear safety requirements for nuclear power plant sites;

b) Procedures and regulations concerning methods of conducting, contents, volume, quality of survey work, data collection, analysis, explanation, and evaluation for nuclear safety requirements as stipulated in Chapters III and IV of Circular No. 28/2011/TT-BKHCN have been established and fully implemented;

c) Management and quality assurance regulations for survey and evaluation activities aimed at determining parameters serving as the basis for design or affecting the operation of systems, structures related to the safety of nuclear power plants have been established and adhered to;

d) Supervision of survey activities, data collection, analysis, explanation, and evaluation of data, including activities performed by contractors, has been fully deployed, implemented, and effective.

Article 8. Requirements for Inspection Teams

1. Activities of inspection teams shall be carried out in accordance with the Inspection Law, Decree No. 86/2011/ND-CP dated September 22, 2011, of the Government detailing and guiding the implementation of certain articles of the Inspection Law, Decree No. 07/2012/ND-CP dated February 9, 2012, of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities, and other legal provisions on inspection.

2. The head of the inspection team shall have duties and powers as prescribed in Article 53 of the Inspection Law; shall be responsible before the law and the person issuing the inspection decision for the performance of the assigned inspection tasks. During the course of the inspection, the head of the inspection team may use the seal of the agency primarily responsible for conducting the inspection when issuing documents to apply measures to exercise inspection rights.

3. Duties, powers, and requirements for members of the inspection team

a) Members of the inspection team shall have duties and powers as prescribed in Article 54 of the Inspection Law; shall be responsible before the law and the head of the inspection team for the performance of the assigned inspection tasks;

b) Members of the inspection team must have appropriate professional knowledge to ensure the successful completion of assigned tasks. When carrying out inspection content, they must take samples, conduct actual measurements and evaluations, and the inspection team must include individuals knowledgeable about sampling and skilled in using technical equipment and means;

c) If a member of the inspection team is absent, they must submit a written request from the head of the agency sending them to participate in the inspection team, except when absent due to assignment by the head of the inspection team. In the case of a member's absence, the meeting between the inspection team and the inspected entity shall still proceed but must ensure that at least two members of the inspection team are present.

4. In cases where consultants are used to serve inspection activities, organizations or individuals participating in consulting for the inspection team may be present at inspection meetings upon the request of the head of the inspection team, perform tasks assigned by the head of the inspection team, report the results of their assigned tasks to the head of the inspection team, and be responsible to the head of the inspection team and the law for the accuracy, truthfulness, and objectivity of the reported content.

Article 9. Inspection Procedure

1. The inspection procedure for the activities of the inspection team shall be carried out in accordance with the provisions of Articles 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and Article 28 of Decree No. 07/2012/NĐ-CP of the Government and other regulations on inspections.

In cases where consultancy services are utilized to support inspection activities, the Head of the inspection team shall be responsible for disseminating the inspection plan, guiding methods, ways of cooperation, and assigning specific tasks to organizations and individuals participating in consultancy services for the inspection team.

2. The official language used in inspection surveys and evaluations of nuclear power plant sites shall be Vietnamese.

3. The inspection procedure for the activities of individual inspectors and those assigned specialized inspection tasks shall be conducted independently in accordance with the provisions of Articles 31 and 32 of Decree No. 07/2012/NĐ-CP of the Government and other regulations on inspections.

4. Methods of conducting inspections at facilities:

a) Directly observing the survey, research, and data collection activities of the inspected entities;

b) Exchanging and interviewing employees of the inspected entities;

c) Checking procedures, records, and documents of the inspected entities;

d) Conducting direct measurements or using independent consultants with the inspected entities.

Article 10. Inspection Tools

1. The inspection team shall be equipped with the following working tools and devices to serve inspection activities:

a) Laptop computers, printers;

b) Photography, audio, and video recording equipment;

c) Specialized measuring equipment;

d) Sampling and field testing tools;

đ) Labor protection equipment;

e) Other auxiliary equipment serving inspection activities.

2. Specialized measuring equipment used in inspection activities must be calibrated and verified in accordance with national technical standards.

Article 11. Inspection Files

1. All documents during the inspection process from preparation to completion must be compiled into files containing the contents specified in Clause 2 of this Article and must be preserved, stored, and accessed in accordance with the legal regulations on information confidentiality and record keeping.

2. Inspection files include: inspection decision; inspection implementation plan; notification and request documents issued by the inspection team; minutes prepared by the inspection team and inspectors; explanations provided by the inspected entity; inspection result report; inspection conclusion; documents collected by the inspection team during the preparation phase; documents provided by the inspected entity; documents provided by consulting organizations; photographs, audio recordings, video recordings, and electronic files obtained during the inspection process.

3. The arrangement of documents in inspection files shall be carried out in accordance with the regulations of the Government Inspectorate on the establishment and management of inspection files, complaint resolution files, and accusation resolution files.

Article 12. Nuclear Safety Inspection for Survey and Evaluation Activities of Nuclear Power Plant Sites

1. Based on the requirements for state management to ensure safety in selecting nuclear power plant sites, the Ministry of Science and Technology, and the Radiation and Nuclear Safety Administration shall conduct safety inspections for survey and evaluation activities of nuclear power plant sites.

2. Safety inspections for survey and evaluation activities of nuclear power plant sites must be decided in writing. The decision must clearly specify the basis, content, requirements, scope of inspection; inspection deadline; members of the inspection team, rights and responsibilities of the inspectors; rights and obligations of the inspected organizations and individuals. The inspection decision must be notified to the inspected organizations and individuals at least three working days before the inspection begins.

3. The maximum duration of each direct inspection is ten working days from the date of publication of the inspection decision. In special cases, the person issuing the inspection decision may extend the inspection period. The extension period shall not exceed the maximum ten working days stipulated for each inspection.

4. The establishment and retention of inspection team files shall be carried out in accordance with Article 11 of this Circular. Additionally, completed inspection team files need to be transferred to the same-level inspection agency for storage.

Section 4
IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. During the implementation process, if there are difficulties or new issues arise, they should be promptly reported to the Ministry of Science and Technology for guidance, review, and amendment.