Circular No. 34/2014/TT-BKHCN on radiation safety training for radiation workers, radiation safety officers, and radiation safety training service activities.

CIRCULAR

Regulations on radiation safety training for radiation workers, radiation safety officers, and radiation safety training service activities

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

Pursuant to Decree No. 07/2010/NĐ-CP dated January 25, 2010 of the Government detailing and guiding the implementation of certain provisions of the Atomic Energy Law;

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;

At the proposal of the Director of the Radiation and Nuclear Safety Agency and the Head of the Legal Department,

The Minister of Science and Technology stipulates regulations on radiation safety training for radiation workers, radiation safety officers, and radiation safety training service activities.

Article 1. Scope of Regulation

This Circular stipulates on:

1. Requirements for radiation safety training; requirements for the content and duration of radiation safety training programs for radiation workers and radiation safety officers.

2. Requirements for organizations and individuals conducting radiation safety training services.

3. Procedures and formalities for issuing registration certificates for radiation safety training service activities and certificates of qualification for radiation safety training service activities.

Article 2. Applicability

This Circular applies to organizations and individuals conducting radiation work; radiation workers; radiation safety officers; organizations and individuals conducting radiation safety training services, and relevant state management agencies.

Article 3. Requirements for radiation safety training for radiation workers

1. Radiation workers must be trained in radiation safety according to a suitable radiation safety training program corresponding to the radiation work being conducted and must obtain a radiation safety training certificate before they can conduct radiation work.

2. Every three years, radiation workers must undergo refresher training and supplementary training on advanced knowledge and new information about radiation safety.

3. Annually, radiation workers must be trained on the facility's regulations concerning radiation safety-related contents, emergency response procedures for radiation incidents, and new regulations and information on ensuring radiation safety.

4. The radiation safety training program specified in Clause 1 and Clause 2 of this Article must meet the requirements regarding content and duration of training as stipulated in Article 5 of this Circular and must be implemented by an organization with a registration certificate for radiation safety training service activities.

5. The head of an organization or individual holding a permit to conduct radiation work must ensure that radiation workers receive radiation safety training and only use radiation workers who have been trained in radiation safety according to the requirements set forth in this Article.

Article 4. Requirements for radiation safety training for radiation safety officers

1. Radiation safety officers must be trained in radiation safety according to a suitable radiation safety training program for radiation safety officers corresponding to the radiation work being conducted and must obtain a radiation safety training certificate for radiation safety officers.

2. Every three years, radiation safety officers must undergo refresher training and supplementary training on advanced knowledge and new information about radiation safety.

3. The radiation safety training program for radiation safety officers specified in Clause 1 and Clause 2 of this Article must meet the requirements regarding content and duration of training as stipulated in Article 5 of this Circular and must be implemented by an organization with a registration certificate for radiation safety training service activities.

4. The head of an organization or individual holding a permit to conduct radiation work must ensure that radiation safety officers receive radiation safety training and only appoint those who have been trained in radiation safety according to the requirements set forth in this Article as radiation safety officers.

Article 5. Content of the Radiation Safety Training Program

1. The content of the radiation safety training program for radiation workers must include all lectures corresponding to each type of radiation work specified in Appendix I attached hereto and must be updated with the latest information at the time of organizing the training; in case a radiation worker has participated in a radiation safety training program for one type of radiation work and wishes to obtain a certificate of radiation safety training for another type of radiation work, they will have to participate in learning and testing on the contents not included in the previous training program.

2. The content of the radiation safety training program for safety supervisors includes lectures from the radiation safety training program for radiation workers that are appropriate to the type of radiation work being conducted at the facility, and additional lectures for safety supervisors as stipulated in Item 14 of Appendix I attached hereto; in cases where a safety supervisor works at a facility with multiple types of radiation work, they must complete all required training program contents for all such types of radiation work.

Article 6. Registration for Radiation Safety Training Service Activities

1. Conditions for organizations to be granted registration certificates for radiation safety training service activities (hereinafter referred to as registration certificates) shall be implemented according to the provisions of Article 69 of the Atomic Energy Law, specifically as follows:

a) Legally established and operating in accordance with the law;

b) Having at least two instructors holding certificates for practicing radiation safety training services;

c) Having teaching materials in accordance with the content prescribed in Article 5 of this Circular;

d) Having sufficient technical equipment and facilities to serve lectures and practical exercises, including computers, projectors, and radiation measurement devices suitable for the practical training program content;

e) For organizations whose registration certificates have been revoked according to the provisions of Clause 5 of this Article, applications for reissuance of the registration certificates can only be made after a period of one year from the date of the revocation decision.

2. Issuing registration certificates shall be carried out as follows:

a) Organizations applying for registration certificates submit application files directly to the Radiation and Nuclear Safety Administration or send them via postal mail and pay the registration fee according to the provisions of Circular No. 76/2010/TT-BTC dated May 17, 2010, issued by the Ministry of Finance, which stipulates the collection, payment, management, and use of fees and charges in the field of atomic energy;

b) Application files for registration certificates shall include the following contents:

- A request for issuance of a registration certificate according to Form No. 1 prescribed in Appendix II attached hereto;

- Instructor declaration forms according to Form No. 6 prescribed in Appendix II attached hereto;

- Copies of certificates for practicing radiation safety training services of the instructors;

- Teaching materials;

- List of technical equipment and facilities serving lectures and practical exercises;

- Copies accompanied by original documents for verification or legally certified copies of establishment decisions or business registration certificates or investment registration certificates of the organization;

- Copies accompanied by original documents for verification or legally certified copies of recruitment decisions or labor contracts of the organization for instructors;

- Regulations on managing radiation safety training service activities, including provisions on organizing training courses, managing participants' attendance, final examination regulations, issuing training certificates, quality assessment measures for teaching, and management of training records;

c) The Radiation and Nuclear Safety Administration must examine and issue or refuse to issue registration certificates within fifteen working days from the date of receipt of complete and valid application files; if refusing to issue a registration certificate, it must provide a written response within the aforementioned period, clearly stating the reasons. The registration certificate shall be issued according to Form No. 8 prescribed in Appendix II attached hereto.

3. Amendments to registration certificates shall be carried out as follows:

a) Organizations must apply for amendments to their registration certificates when there are changes in organizational name, address, or leadership;

b) Application files for amending registration certificates shall include the following contents:

- A request for amendment of a registration certificate according to Form No. 2 prescribed in Appendix II attached hereto;

- Original registration certificate to be amended;

- Documents confirming the information to be amended;

c) Organizations applying for amendment of registration certificates shall submit application files directly to the Radiation and Nuclear Safety Administration or send them via postal mail and pay the registration fee according to the provisions of Circular No. 76/2010/TT-BTC dated May 17, 2010, issued by the Ministry of Finance, which stipulates the collection, payment, management, and use of fees and charges in the field of atomic energy;

d) The Radiation and Nuclear Safety Administration must examine and issue amended registration certificates within five working days from the date of receipt of complete and valid application files.

4. Reissuance of registration certificates shall be carried out as follows:

a) Organizations may apply for reissuance of registration certificates when they are torn, damaged, or lost;

b) Application files for reissuance of registration certificates shall include the following contents:

- A request for reissuance of a registration certificate according to Form No. 3 prescribed in Appendix II attached hereto;

- Original registration certificate to be reissued due to damage or loss;

- Confirmation from the police authority regarding the report of loss of the registration certificate and proof of receipt from the media about the announcement of the loss of the registration certificate when applying for reissue due to loss;

c) Organizations applying for reissuance of registration certificates shall submit application files directly to the Radiation and Nuclear Safety Administration or send them via postal mail and pay the registration fee according to the provisions of Circular No. 76/2010/TT-BTC dated May 17, 2010, issued by the Ministry of Finance, which stipulates the collection, payment, management, and use of fees and charges in the field of atomic energy;

d) The Radiation and Nuclear Safety Administration must examine and reissue registration certificates within five working days from the date of receipt of complete and valid application files.

5. The Radiation and Nuclear Safety Administration has the right to revoke issued registration certificates in the following cases:

a) Discovery of fraudulent behavior in the application file for registration certificate issuance;

b) At the request of competent authorities when the organization that has been issued a registration certificate engages in violation of laws.

Article 7. Professional Certificate for Radiation Safety Training Services

1. Conditions for individuals to be granted a professional certificate for radiation safety training services (hereinafter referred to as the professional certificate) shall be implemented according to the provisions of Article 70 of the Atomic Energy Law, specifically as follows:

a) Have full civil capacity;

b) Possessing a bachelor's degree or higher in nuclear physics, nuclear technology, nuclear engineering, radiochemistry, and having at least five years of work experience in the field of atomic energy in cases where the professional certificate for technical training content is requested;

c) Possessing a bachelor's degree or higher in law, nuclear technology, nuclear engineering, radiochemistry, and having at least five years of work experience in state management agencies on radiation and nuclear safety in cases where the professional certificate for legal training content is requested;

d) Having experience participating in teaching at educational institutions.

2. The issuance of the professional certificate shall be carried out as follows:

a) Individuals requesting the issuance of a professional certificate submit the application directly to the Radiation and Nuclear Safety Administration or send it via postal service and pay the professional certificate issuance fee as stipulated in Circular No. 76/2010/TT-BTC dated May 17, 2010, of the Ministry of Finance regarding the level of collection, payment, management, and use of fees and charges in the field of atomic energy;

b) The application for the issuance of a professional certificate includes the following contents:

- Application form for the issuance of a professional certificate according to Model No. 4 prescribed in Appendix II attached to this Circular;

- Personal resume according to Model No. 7 prescribed in Appendix II attached to this Circular;

- Confirmation of work history from relevant agencies and organizations previously worked for;

- Photocopies with original documents for verification or legally certified photocopies of academic degrees and training certificates;

- Three passport-sized photographs measuring 3 cm x 4 cm;

c) The Radiation and Nuclear Safety Administration must review and issue or not issue the professional certificate within ten working days from the date of receipt of complete and valid applications; in cases where the professional certificate is not issued, a written response with clear reasons must be provided within the aforementioned period. The professional certificate will be issued according to Model No. 9 prescribed in Appendix II attached to this Circular.

3. The reissuance of the professional certificate shall be carried out as follows:

a) Individuals may apply for the reissuance of the professional certificate if it is torn, damaged, or lost;

b) The application for the reissuance of the professional certificate includes the following contents:

- Application form for the reissuance of a professional certificate according to Model No. 5 prescribed in Appendix II attached to this Circular;

- Original professional certificate when applying for reissuance due to tearing or damage;

- Confirmation from the police authority about reporting the loss of the professional certificate and a receipt from the press or broadcasting agency regarding the announcement of the loss of the professional certificate when applying for reissuance due to loss;

c) Individuals requesting the reissuance of the professional certificate submit the application directly to the Radiation and Nuclear Safety Administration or send it via postal service and pay the professional certificate issuance fee as stipulated in Circular No. 76/2010/TT-BTC dated May 17, 2010, of the Ministry of Finance regarding the level of collection, payment, management, and use of fees and charges in the field of atomic energy;

d) The Radiation and Nuclear Safety Administration must review and reissue the professional certificate within five working days from the date of receipt of complete and valid applications.

4. The Radiation and Nuclear Safety Administration has the right to revoke the issued professional certificate in the following cases:

a) Discovery of fraudulent behavior in the application file for the issuance of a professional certificate;

b) At the request of competent authorities when the individual holding the professional certificate engages in violation of laws.

Article 8. Conditions for Implementing Radiation Safety Training Services

1. Organizations implementing radiation safety training services must be issued a registration certificate by the Radiation and Nuclear Safety Administration.

2. Individuals participating in teaching at radiation safety training courses (hereinafter referred to as training courses) must have a professional practice certificate.

3. When organizing a training course, organizations implementing radiation safety training services must comply with the following regulations:

a) Issue a decision to organize the training course, clearly stating the name of the training course, location, time, list of lecturers, and notify the plan to organize the training course to the Radiation and Nuclear Safety Administration at least five working days before the start of the training course;

b) Implement the training program according to the requirements regarding content and duration stipulated in Article 5 of this Circular; use lecturers with professional practice certificates to participate in teaching, including at least one lecturer from the organization applying for the registration certificate;

c) Coordinate with the Radiation and Nuclear Safety Administration to inspect and supervise the training course;

d) Issue a radiation safety training certificate to participants who attend the full course and pass the final examination according to the model certificate specified in Appendix III attached to this Circular;

e) Prepare and submit the training course file to the Radiation and Nuclear Safety Administration after the completion of the training course, including:

- List of participants who received the radiation safety training certificate;

- Evaluation results of participants on the content of the training program, quality of lecturers participating in the training course, and the organization of the training course.

4. Organizations implementing radiation safety training services must establish and retain files for each training course.

Article 9. Responsibilities of the Radiation and Nuclear Safety Administration

1. Organize the review and issue registration certificates for implementing radiation safety training services and professional practice certificates for radiation safety training services.

2. Inspect and monitor compliance with radiation safety training requirements for radiation workers and radiation safety supervisors of organizations and individuals conducting radiation work.

3. Inspect and monitor compliance with regulations related to the operation of radiation safety training services by organizations implementing radiation safety training services.

4. Dispatch staff to participate in supervising training courses.

Article 10. Transitional Provisions

1. Organizations that have been issued a registration certificate before this Circular takes effect must review their conditions for operating radiation safety training services according to the provisions of this Circular. If they do not meet the requirements, they must complete the necessary conditions as prescribed and submit additional teaching materials, copies of professional practice certificates of lecturers, and lists of equipment and technical facilities serving lectures and practical sessions to the Radiation and Nuclear Safety Administration, no later than March 1, 2015. Organizations that have been issued a registration certificate before this Circular takes effect also have the right to request issuance of a new registration certificate according to the new form prescribed in this Circular without paying any fees; the procedure for issuing a new registration certificate according to the new form is similar to the procedure for issuing a new registration certificate prescribed in this Circular.

2. Organizations that have submitted applications for registration certificates but have not yet been issued a registration certificate before this Circular takes effect must submit additional application files according to the provisions of this Circular.

Article 11. Effective Date

1. This Circular takes effect from January 15, 2015.

2. During the implementation process, if there are any difficulties or new issues arise, competent agencies, organizations, and individuals are requested to promptly report to the Ministry of Science and Technology for consideration of amendments and supplements./.