Circular No. 24/2012/TT-BKHCN guiding the establishment and approval of plans to respond to radiation incidents and nuclear accidents at the facility level and provincial level.

CIRCULAR

Guidelines for drafting and approving emergency response plans for radiation incidents and nuclear facility accidents at the facility level and provincial level.

________________________

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

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

The Minister of Science and Technology guides the drafting and approval of emergency response plans for radiation incidents and nuclear facility accidents.

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular provides guidelines for drafting and approving emergency response plans for radiation incidents and nuclear facility accidents at the facility level and provincial level.

2. This Circular applies to:

a) Organizations and individuals conducting radiation work;

b) Provincial People's Committees;

c) Authorities issuing permits for radiation work and approving emergency response plans for radiation and nuclear incidents.

Article 2. Interpretation of Terms

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

1. Radiation and nuclear incidents (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, nuclear equipment, radiation facilities, and nuclear facilities.

2. Risk groups (hereinafter referred to as risk groups) are groups of facilities, radioactive sources, radiation equipment, and activities that have the potential to cause incidents with equivalent levels of damage. (hereinafter referred to as the risk group) is a group of facilities, radioactive sources, radiation equipment, and activities that have the potential to cause accidents with equivalent levels of damage.

3. Emergency response is the application of all measures to respond quickly and promptly to minimize the consequences of the accident affecting safety and health of people, causing environmental and property damage.

4. Emergency response plan is a document stipulating principles of operation, assignment of responsibilities, management mechanisms, and coordination among organizations and individuals participating in emergency response; assessing risks; providing general response procedures; and preparing for prompt emergency response to minimize consequences caused by incidents.

Article 3. Principles for drafting emergency response plans

Organizations and individuals conducting radiation work and provincial People's Committees shall draft emergency response plans according to the following principles:

1. Compliance with legal regulations and other emergency response plans for different types of incidents.

2. Compatibility with corresponding risk groups for each facility and locality in radiation and nuclear-related activities.

3. The emergency response plan must ensure the following criteria: timely response, effective management, control, and coordinated action at all levels; clear assignment of responsibilities and directives between organizations and individuals involved in preparation and response to incidents.

Article 4. Responsibilities for drafting emergency response plans

1. Organizations and individuals conducting radiation work shall draft emergency response plans at the facility level based on corresponding risk groups specified in Appendix I of this Circular and submit them to the competent authority for approval in accordance with regulations.

2. Provincial People's Committees shall draft emergency response plans at the provincial level based on risk groups within their province and provisions in Chapter II of this Circular and submit them to the Ministry of Science and Technology for approval in accordance with regulations.

Article 5. Approval of emergency response plans

1. Requirements for submission documents

a) Submission documents for facility-level emergency response plans include:

- Application for approval;

- Three copies of the facility-level emergency response plan drafted in accordance with Chapter II of this Circular, signed by the head of the unit, stamped, and sealed across the pages, with a cover page.

b) Submission documents for provincial-level emergency response plans include:

- A request letter for approval;

- Four copies of the provincial-level emergency response plan drafted in accordance with Chapter II of this Circular, signed by the head of the unit, stamped, and sealed across the pages, with a cover page.

2. Approval authority

a) Authority to approve facility-level emergency response plans corresponds to the authority to issue permits for radiation work as stipulated in Article 23 of Circular 08/2010/TT-BKHCN dated July 22, 2010;

b) Authority to approve provincial-level emergency response plans is the Ministry of Science and Technology.

3. Approval procedures

a) Organizations and individuals requesting approval of facility-level emergency response plans must submit one set of documents as prescribed in point a, Clause 1, Article 5 of this Circular to the competent authority for approval in accordance with regulations. Within ten days from the date of receipt of complete documents, the competent authority is responsible for reviewing the documents. If the documents meet the requirements, the competent authority will approve them. In case the competent authority does not agree to approve, they must respond in writing and specify the reasons;

b) Provincial People's Committees requesting approval of provincial-level emergency response plans must submit one set of documents as prescribed in point b, Clause 1, Article 5 of this Circular to the Ministry of Science and Technology. Within ten days from the date the Ministry of Science and Technology receives complete documents, the Ministry of Science and Technology is responsible for establishing a Review Board for provincial-level emergency response plans. Within sixty days from the date of the Review Board's review results, the Ministry of Science and Technology will issue a decision to approve the provincial-level emergency response plan. In case the Ministry of Science and Technology does not agree to approve, they must respond in writing and specify the reasons.

Section 2

EMERGENCY RESPONSE PLAN AT THE FACILITY LEVEL AND PROVINCIAL LEVEL

Article 6. Emergency Response Plan for Facilities Belonging to Risk Groups I, II, and III

The Emergency Response Plan for facilities belonging to Risk Groups I, II, and III shall include the following contents:

1. General Provisions

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

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

c) List, addresses, and contact phone numbers of organizations and individuals participating in emergency response and those providing support;

d) Listing of other relevant emergency response plans such as disaster response plans and fire prevention and extinguishing plans that are effective within the province or centrally governed city.

2. Legal and Technical Basis

a) Legal basis for developing the emergency response plan: normative legal documents issued by central and local state agencies with authority;

b) Technical basis: risk analysis at the facility to determine the risk group and develop corresponding emergency response scenarios as stipulated in Article 82 of the Atomic Energy Law; capability to mobilize equipment and personnel when an incident occurs.

3. Organizational Structure and Responsibilities of Organizations and Individuals Participating in Emergency Response Include:

a) Organizational structure and organizational chart for emergency response at the facility;

b) Responsibilities of organizations and individuals participating in emergency response, including: the head of the facility; the emergency response command board; members of the command board; departments and individuals participating in emergency response; other departments and individuals supporting emergency response.

4. Preparation and Readiness for Emergency Response:

a) Human resources and equipment of organizations and individuals participating in emergency response;

b) Training and drill plan (scenarios, time, frequency) for organizations and individuals participating in emergency response;

c) Regularly updating and supplementing the emergency response plan;

d) For facilities belonging to Risk Groups I or II, must prepare an urgent response area.

5. Emergency Response Activities:

a) Principles of emergency response and operational mechanisms during the emergency response process;

b) Mobilization of human resources and equipment according to the alarm level as prescribed by law;

c) Stages of emergency response, criteria to be achieved at each stage, and specific procedures and guidelines to meet these criteria. Basic stages of emergency response are defined in Appendix II of this Circular;

d) Internal information system, assistance requirements, and public notification.

6. Appendices:

a) Documents serving emergency response work such as: templates for notifications and information reception as specified in Appendix III of this Circular; determination of alarm levels and response levels; mobilization levels of human resources and equipment; appointment of on-site commanders;

b) Specific guidance on information provision during emergency response; guidance on ensuring public safety when incidents occur; recommendations for safe isolation areas for incidents as specified in Appendix III of this Circular;

c) Criteria for ending emergency response activities and objectives to be achieved when formulating long-term recovery plans;

d) Scenarios and specific procedures for emergency response for incidents assessed based on risks as stipulated in point b, Clause 2, Article 6 of this Circular;

đ) Report templates;

e) Emergency response log.

Article 7. Emergency Response Plan for Facilities at Risk Group IV

1. When conducting radiation work belonging to Risk Group IV and using radioactive sources belonging to Group 2 as defined in the National Technical Regulation QCVN 6:2010/BKHCN on Radiation Safety - Classification of Radioactive Sources (hereinafter referred to as QCVN 6:2010/BKHCN), facilities must develop an emergency response plan according to the provisions of Article 6 of this Circular and adjust it appropriately to the scale, quantity, and level of danger of the radioactive sources.

2. When conducting radiation work belonging to Risk Group IV and using radioactive sources belonging to Groups 3, 4, 5 as defined in QCVN 6:2010/BKHCN and accelerators, facilities must develop an emergency response plan including the following main contents:

a) Legal basis as stipulated in point a, Clause 2, Article 6 of this Circular;

b) Organizational structure and responsibilities of departments and individuals within the facility related to preparation and emergency response to radiation incidents, specifying the provision of resources serving the facility's emergency response work;

c) Analysis of the risk of incidents occurring at the facility: identifying the main risks of the facility to build response scenarios for those risks;

d) Anticipating some response scenarios for certain incidents such as: incidents during source transportation, dropped source incidents, stuck source incidents, lost source incidents, overexposure incidents;

đ) Regulations on notification, requesting assistance, and reporting to competent authorities as prescribed by law.

3. Facilities using medical X-ray diagnostic equipment must develop an emergency response plan including the following main contents: regulations on reporting responsibilities when radiation workers or patients are overexposed; content of incident reports; regulations on responsibilities, methods of dose assessment, and health monitoring of individuals who have been overexposed.

Article 8. Provincial Level Emergency Response Plan

The provincial level emergency response plan includes the following main contents:

1. General provisions as stipulated in Clause 1, Article 6 of this Circular.

2. Legal and technical bases

a) Legal basis for developing the plan: as stipulated in point a, Clause 2, Article 6 and supplementing legal basis for mobilizing, assisting with human resources, assets, means, and compensation for losses serving emergency response work;

b) Evaluation and analysis of risks of incidents occurring in the province related to: radiation activities in the province; security issues related to the use of radiation dispersal devices, sabotage, and the use of radioactive sources for malicious purposes; uncontrolled radioactive sources; risks causing incidents from other provinces that may affect the province; risks causing incidents from other countries affecting the province; possibility of incidents belonging to Risk Group V;

c) Developing response scenarios appropriate to the risk groups present in the province.

3. 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) Detailed responsibilities of each organization and individual during preparation and participation in emergency response, specifically: the structure and composition of the Emergency Response Command Team; responsibilities of the Emergency Response Command Team; responsibilities of each member of the team; responsibilities of the Team Leader; responsibilities of participating organizations; and responsibilities of supporting organizations.

4. Preparation and Readiness for Emergency Response:

a) Provisions on preparing human resources, equipment, and funding for organizations participating in emergency response. For provinces with Risk Groups I or II, they must prepare emergency response zones and corresponding response plans;

b) Provisions on training and drills (scenarios, time, frequency) for organizations and individuals included in the emergency response plan;

c) Provisions on the workplace of the provincial-level emergency response command team;

d) Provisions on reviewing, updating, and supplementing the plan.

5. Emergency Response Activities:

a) Principles of emergency response;

b) Levels and methods of mobilizing response resources corresponding to alarm levels;

c) Stages of emergency response, criteria to be achieved in each stage, and specific procedures and guidelines to achieve these criteria. Basic stages of emergency response are specified in Appendix II of this Circular;

d) Building methods and contents of notifications related to the progress of emergency response to participating organizations, mass media during the emergency response process according to guidelines specified in Appendix III of this Circular;

đ) Building regulations on notification, assistance, and requesting assistance from related localities in emergency response.

6. Appendices related to the following contents:

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

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

c) Some guidance and instructions such as: guidance on providing information during emergency response; ensuring public and responder safety when incidents occur; recommendations for safe isolation areas for radiation and nuclear incidents;

d) Criteria for ending emergency response activities, long-term recovery planning, and report templates;

đ) Specific scenarios based on point c, Clause 2, Article 8 of this Circular.

Section 3

IMPLEMENTING PROVISIONS

Article 9. Transitional Provisions

1. Organizations and individuals who were licensed before this Circular takes effect must submit an application for approval of the facility-level emergency response plan according to the provisions of point a, Clause 1, Article 5 of this Circular within three months from the date this Circular takes effect.

2. Organizations and individuals who have submitted applications for permission to conduct radiation work but have not yet received permits before this Circular takes effect must submit additional documentation regarding the emergency response plan according to the provisions of Article 5 of this Circular.

Article 10. Effective Date

1. This Circular takes effect 45 days from the date of signature. This Circular replaces the content of the emergency response plan for radiation incidents stipulated in the safety evaluation report in Appendix III of Circular No. 08/2010/TT-BKHCN dated July 22, 2010, issued by the Ministry of Science and Technology guiding the declaration, issuance of permits for radiation work, and certification of radiation workers.

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