Circular No. 21/2013/TT-BKHCN stipulates the application of technical standards and regulations on nuclear safety in the selection of site, design, construction, operation, and decommissioning of nuclear power plants.

CIRCULAR

Regulations on the application of technical standards and regulations for nuclear safety in site selection, design, construction, operation, and decommissioning of nuclear power plants Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Technical Standards and Regulations; At the proposal of the Director of the Radiation and Nuclear Safety Administration,

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. 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 hereby promulgates the regulations on the application of technical standards and regulations for nuclear safety in site selection, design, construction, operation, and decommissioning of nuclear power plants.

These Circulars regulate the application of national technical standards and regulations of Vietnam; international standards; regional standards; foreign technical standards and regulations; and other technical guidance documents and materials on nuclear safety in site selection, design, construction, operation, and decommissioning of nuclear power plants (hereinafter referred to collectively as standards and regulations).

These Circulars apply to organizations and individuals in Vietnam, foreign organizations and individuals, and international organizations when applying standards and regulations on nuclear safety in site selection, design, construction, operation, and decommissioning of nuclear power plants in Vietnam.

Article 1. Scope of Regulation

Article 3. Principles of Applying Standards and Regulations

Article 2. Applicability

1. Technical standards, guidance, and technical documents on nuclear safety for nuclear power plants:

a) Shall be applied on a voluntary basis, except for those standards, guidance, and technical documents cited in national technical regulations or legal documents of Vietnam;

b) Must ensure consistency and feasibility in Vietnam;

c) In cases where international standards, regional standards, or foreign standards are applied, the latest version shall be prioritized.

2. National technical regulations of Vietnam must be compulsorily applied in all activities related to nuclear safety for nuclear power plants.

3. Foreign technical standards and regulations applied must not contravene relevant laws and national technical regulations of Vietnam.

Article 4. Methods of Applying Standards

Standards may be applied directly or indirectly:

1. Directly applying standards without going through an intermediary document.

2. Indirectly applying standards through an intermediary document that cites such standards.

Article 5. Documents for Requesting Recognition of Application of Standards and Regulations

1. The project investor has the responsibility to prepare documents requesting recognition of the application of standards and regulations as stipulated in Clause 2 of this Article and submit two sets of documents to the Ministry of Science and Technology through the Radiation and Nuclear Safety Administration before applying them.

2. Documents for requesting recognition of the application of standards and regulations include:

a) A letter requesting recognition of the application of standards and regulations (original);

b) A list of standards and regulations proposed for recognition (with the seal of the project investor);

c) For international, regional, and foreign technical standards, guidance, and documents, there must be a Vietnamese translation and an English translation (in cases where the technical standards, guidance, and documents are not published in English) of the applicable content;

d) An explanation of how the standards and regulations comply with the principles set forth in Article 3 of these Circulars (confirmed by the project investor).

c) For international, regional, and foreign technical standards, guidelines, and documents, there must be a Vietnamese translation and an English translation (in cases where the technical standards, guidelines, and documents are not published in English) for the portion of content that is utilized;

d) A description of how the standards and regulations comply with the principles set forth in Article 3 of this Circular (with confirmation from the project investor).

Article 6. Recognition of the Application of Standards and Norms

1. The Radiation and Nuclear Safety Agency shall receive and examine the validity of the dossier in accordance with Clause 2 of Article 5 of this Circular.

In case the dossier is not valid, within fifteen working days from the date of receiving the dossier, the Radiation and Nuclear Safety Agency must notify the project investor in writing to complete the dossier.

2. The Radiation and Nuclear Safety Agency shall organize the review of the dossier in accordance with the principles stipulated in Article 3 of this Circular and submit the review results to the Ministry of Science and Technology.

3. Within six months from the date of receiving the valid dossier, based on the review results, the Ministry of Science and Technology shall issue a document recognizing the application of standards and norms.

Article 7. Responsibility for Implementation

1. The Radiation and Nuclear Safety Agency shall be responsible for organizing guidance and inspection of the implementation of this Circular.

2. The investor of the nuclear power plant project shall be responsible for guiding, urging, and inspecting the application of recognized standards and norms.

Article 8. Implementation clause

1. This Circular shall take effect from November 1, 2013.

2. During the implementation of this Circular, if there are any difficulties, agencies, organizations, and individuals shall promptly reflect them to the Ministry of Science and Technology for consideration of amendments and supplements./.