Circular No. 27/2014/TT-BKHCN detailing certain provisions of Government Decree No. 107/2013/NĐ-CP dated September 20, 2013 on administrative penalties for violations in the field of atomic energy.

CIRCULAR

Detailed regulations on certain provisions of Decree No. 107/2013/NĐ-CP dated September 20, 2013 of the Government regarding administrative penalties in the field of atomic energy

 dated September 20, 2013 of the Government regarding administrative penalties in the field of atomic energy;

Administrative penalties for violations in the field of atomic energy

_______________________________

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

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

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. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

Pursuant to Decree No. 107/2013/NĐ-CP dated September 20, 2013 of the Government regarding administrative penalties for violations in the field of atomic energy;

At the proposal of the Inspector General of the Ministry and the Director of the Legal Department,

The Minister of Science and Technology issues this Circular detailing certain provisions of Decree No. 107/2013/NĐ-CP dated September 20, 2013 of the Government regarding administrative penalties for violations in the field of atomic energy (hereinafter referred to as Decree No. 107/2013/NĐ-CP) including Articles: Article 4, Article 5 (Point b Clause 2, Point b, Point c Clause 3), Article 8 (Point b Clause 1, Point a, Point đ Clause 2), Article 12 (Point a, Point b, Point c, Point đ Clause 1), Article 13 (Clause 2, Point a Clause 4), Article 16 (Clause 1), Article 27 (Point g Clause 2), Article 42 (Point b Clause 4), Article 43 (Clause 1) of Decree No. 107/2013/NĐ-CP.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain provisions of Decree No. 107/2013/NĐ-CP dated September 20, 2013 of the Government regarding administrative penalties for violations in the field of atomic energy (hereinafter referred to as Decree No. 107/2013/NĐ-CP) including Articles: Article 4, Article 5 (Point b Clause 2, Point b, Point c Clause 3), Article 8 (Point b Clause 1, Point a, Point đ Clause 2), Article 12 (Point a, Point b, Point c, Point đ Clause 1), Article 13 (Clause 2, Point a Clause 4), Article 16 (Clause 1), Article 27 (Point g Clause 2), Article 42 (Point b Clause 4), Article 43 (Clause 1) of Decree No. 107/2013/NĐ-CP.

Article 2. Applicability

1. Individuals and organizations committing administrative violations in the field of atomic energy.

2. Authorities with the power to impose administrative penalties in the field of atomic energy.

3. Other relevant entities involved in administrative penalties in the field of atomic energy as prescribed by law.

Article 3. Authority to impose penalties

1. Specialized inspectors of science and technology, persons assigned to perform specialized radiation safety and nuclear inspection tasks as stipulated in Clause 1, Article 43 of Decree No. 107/2013/NĐ-CP include: Inspectors working at the Inspectorate of the Ministry of Science and Technology, the Inspectorate of the Department of Science and Technology, officials assigned to perform specialized inspection tasks under the Radiation Safety and Nuclear Safety Administration.

2. Heads of specialized inspection teams of the Ministry of Science and Technology; Heads of specialized inspection teams of the Radiation Safety and Nuclear Safety Administration and Heads of specialized inspection teams of the Department of Science and Technology may use the seal of the main supervising agency when issuing documents to implement inspection tasks.

Article 4. Determination of the subject of administrative violation to be penalized with fines as provided for in Article 4 of Decree No. 107/2013/NĐ-CP

1. Subjects of administrative violations in the field of atomic energy who are individuals and are subject to fines include: A facility with only one person or a group of people or a household family conducting radiation work at one location, using no more than 10 regular workers, without a seal.

2. Subjects of administrative violations in the field of atomic energy who are organizations and are subject to fines include:

a) State agencies, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations;

b) Private enterprises, joint-stock companies, limited liability companies, partnerships, cooperatives, cooperative unions;

c) Other economic organizations established in accordance with the law.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ATOMIC ENERGY

Article 5. Violations related to radiation declaration as stipulated in Article 5 of Decree No. 107/2013/ND-CP

1. The violation specified in Point b Clause 2 Article 5 is the act of individuals or organizations conducting mobile radiation activities without declaring to the local Department of Science and Technology at least 24 hours before commencing radiation work upon transferring radiation equipment to the locality.

2. The violation specified in Point b Clause 3 Article 5 is the act of individuals or organizations producing, testing, processing, extracting ores, or mining minerals with secondary products, by-products, or waste containing natural radioactive materials that do not meet the conditions for exemption from declaration and issuance of permits as prescribed in Point 2.1 of National Technical Regulation QCVN 5:2010/BKHCN on Radiation Safety - Exemption from Declaration and Issuance of Permits issued together with Circular No. 15/2010/TT-BKHCN dated September 14, 2010 of the Ministry of Science and Technology, but failing to declare to the Radiation and Nuclear Safety Agency or the local Department of Science and Technology where such activities are conducted.

3. Used radioactive sources specified in Point c Clause 3 Article 5 are closed radioactive sources as defined in Clause 2 Article 2 of Circular No. 22/2014/TT-BKHCN dated August 25, 2014 of the Ministry of Science and Technology on the management of radioactive waste and used radioactive sources.

Article 6. Violations related to public and radiation worker dose control as stipulated in Article 8 of Decree No. 107/2013/ND-CP

1. The violation specified in Point b Clause 1 Article 8 is the act of individuals or organizations conducting radiation work without submitting in writing (or sending a photocopied copy) the individual dose assessment results to each radiation worker within two working days after receiving the individual dose assessment results.

2. The violation specified in Point a Clause 2 Article 8 is the act of individuals or organizations conducting radiation work committing one of the following violations:

a) Allowing public exposure dose exceeding 1 mSv/year or instantaneous dose rate exceeding 0.5 µSv/hour (excluding environmental background radiation).

Specifically, exceeding 0.5 µSv/hour at the following locations constitutes a violation of public dose control regulations: outside the room housing X-ray equipment, treatment equipment where the public moves around, patient waiting areas, adjacent workrooms.

In cases where X-ray equipment or treatment equipment is placed in residential areas, adjacent to houses or workplaces, exceeding 0.5 µSv/hour at all measurement points outside the equipment room constitutes a violation of public dose control regulations.

b) Allowing radiation worker exposure dose exceeding 20 mSv/year or instantaneous dose rate exceeding 10 µSv/hour (excluding environmental background radiation);

Specifically, exceeding 10 µSv/hour at the following locations constitutes a violation of radiation worker dose control regulations: inside the control room or near the control cabinet of medical diagnostic X-ray equipment (not applicable to mobile X-ray equipment), treatment equipment.

3. The violation specified in Point đ Clause 2 Article 8 is the act of individuals or organizations conducting radiation work failing to take any of the following actions when radiation worker dose results are abnormally high:

a) Temporarily suspending the use of workers with high dose exposure for radiation work;

b) Investigating the cause of high dose exposure and taking timely corrective measures.

Article 7. Acts violating the provisions on inspection, calibration of radiation measuring equipment, radiation equipment, and radioactive sources as stipulated in Article 12 of Decree No. 107/2013/NĐ-CP.

1. Acts violating the provisions at points a, b, and c Clause 1 Article 12 are the acts of individuals and organizations using radiation equipment, radiation measuring equipment in healthcare that violate the provisions at Clauses 1, 2, and 3 Article 9 Circular Joint No. 13/TTLT-BKHCN-BYT dated June 9, 2014 of the Ministry of Science and Technology and the Ministry of Health regarding ensuring radiation safety in healthcare.

2. Acts violating the provision at Point d Clause 1 Article 12 are the acts of individuals and organizations conducting radiation work with one of the following violations:

a) Having radiation equipment that does not meet inspection requirements but failing to rectify and continuing to use it;

b) Radiation equipment during the period when the inspection certificate remains valid, but at the time of inspection, the competent authority according to the law finds that the equipment does not ensure safety for patient diagnosis and treatment, yet the facility still intentionally uses it.

Article 8. Acts violating the provisions on protection for radiation workers as stipulated in Article 13 of Decree No. 107/2013/NĐ-CP.

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Acts violating the provisions at Clause 1 Article 16 are the acts of individuals and organizations conducting radiation work with one of the following violations:

1. Not submitting the report on the current status of safety in conducting radiation work of the facility or submitting the report but not within the prescribed deadline to the radiation safety management agency according to the classification:

a) Healthcare facilities conducting radiation work submit the report to the provincial Department of Science and Technology where the radiation work is conducted;

b) Other facilities conducting radiation work submit the report to the Radiation and Nuclear Safety Agency.

2. Submitting the report on the current status of safety in conducting radiation work to the radiation safety management agency but the content of the report does not include all the information as prescribed in Clause 2 Article 20 of the Atomic Energy Law.

Article 10. Other acts violating radiation safety, nuclear safety as stipulated in Article 27 of Decree No. 107/2013/NĐ-CP.

Acts violating the provisions at Point g Clause 2 Article 27 are the acts of individuals and organizations conducting radiation work with one of the following violations:

1. Not assigning a person responsible for safety in writing.

2. Not having a written regulation on the tasks, powers of the person responsible for safety and the conditions, mechanisms for the person responsible for safety to be able to perform their responsibilities as prescribed.

Article 11. Acts obstructing inspection and supervision activities as stipulated in Article 42 of Decree No. 107/2013/NĐ-CP.

Acts violating the provisions at Point b Clause 4 Article 42 are the acts of individuals and organizations conducting radiation work with one of the following violations:

1. Not appointing someone to work with the inspection team, appointing someone without sufficient authority to work with the inspection team, not authorizing someone to work with the inspection team. tipolicies2. Not implementing or implementing incompletely, not within the prescribed deadline the inspection conclusion, decision on handling the inspection made by the authorized person.ệ1. Mr. Tran Hong Minh, Member of the Party Central Committee, holds the position of Minister of Construction.ứn forperiod 3. Other acts obstructing, causing difficulties for the competent authorities in inspection and supervision (for example: delaying in providing documents requested by the inspection team; not arranging or delaying in arranging someone to unlock rooms, operate machines for the inspection team when conducting on-site inspections, measurements at the inspection site...).|||This Circular takes effect from November 25, 2014 and replaces Circular No. 26/2010/TT-BKHCN dated December 29, 2010 of the Minister of Science and Technology guiding some articles of Decree No. 111/2009/NĐ-CP dated December 11, 2009 of the Government on administrative penalties in the field of atomic energy.period1. Chairmen of People's Committees at all levels, Heads of the Inspectorate of the Ministry of Science and Technology, Directors of the Radiation and Nuclear Safety Agency, Heads of the Inspectorate of the Radiation and Nuclear Safety Agency, Leaders of specialized inspection teams on radiation and nuclear safety, Heads of the Inspectorate of the Provincial Department of Science and Technology, Inspectors, and other authorized persons to impose administrative penalties as stipulated in Decree No. 107/2013/NĐ-CP and other related entities subject to administrative penalties in the field of atomic energy according to the law shall be responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, please promptly reflect them to the Ministry of Science and Technology for research and guidance on resolution./.

2. Failure to implement or incomplete implementation, not in accordance with the deadline for inspection conclusions and decisions on handling inspections made by authorized persons.

3. Other acts that obstruct or create difficulties for competent authorities in conducting inspections and checks (for example: delay in providing documents requested by the inspection team; failure to arrange or delay in arranging personnel to unlock rooms or operate machines to serve the inspection team during on-site inspections and measurements at the inspection site).

Chapter III

IMPLEMENTATION

Article 12. Effective Date

This Circular takes effect from November 25, 2014, and replaces Circular No. 26/2010/TT-BKHCN dated December 29, 2010, issued by the Minister of Science and Technology guiding certain provisions of Decree No. 111/2009/NĐ-CP dated December 11, 2009, of the Government stipulating administrative penalties for violations in the field of atomic energy.

Article 13. Responsibilities for Implementation

1. Chairpersons of People's Committees at all levels, Heads of the Inspectorate under the Ministry of Science and Technology, Directors of the Radiation and Nuclear Safety Agency, Heads of the Inspectorate under the Radiation and Nuclear Safety Agency, Heads of specialized radiation and nuclear safety inspection teams, Heads of the Inspectorate under the Department of Science and Technology, Inspectors, and other officials with authority to impose penalties as prescribed in Decree No. 107/2013/NĐ-CP and other entities related to administrative penalties in the field of atomic energy according to the law shall be responsible for implementing this Circular.

2. In the course of implementation, if there are any difficulties, it is recommended that relevant agencies, organizations, and individuals promptly reflect them to the Ministry of Science and Technology for study and guidance on resolution./.