Circular No. 38/2011/TT-BKHCN stipulates requirements for ensuring the security of nuclear materials and nuclear facilities

 

CIRCULAR

REGULATIONS ON REQUIREMENTS FOR NUCLEAR MATERIAL AND NUCLEAR FACILITY SECURITY

MATERIALS AND NUCLEAR FACILITIES

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;

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

The Minister of Science and Technology stipulates the requirements for ensuring nuclear material and nuclear facility security as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular sets forth the requirements for ensuring security to prevent, detect, intercept, and respond to acts of theft, illegal appropriation, or destruction of nuclear materials during use, storage, transportation, and to prevent, detect, intercept, and respond to unauthorized access or destruction of nuclear facilities.

2. This Circular applies to organizations and individuals conducting activities related to nuclear materials and nuclear facilities in Vietnam.

Article 2. Interpretation of Terms

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

1. Restricted Area is an area containing nuclear facilities or nuclear materials where entry and exit are controlled to ensure security.

2. Protected Area is an area containing Group I or Group II nuclear materials or critical areas surrounded by physical barriers; the protected area is within the restricted area.

3. Special Control Area is an area where Group I nuclear materials are used or stored; the special control area is within the protected area.

4. Critical Area is an area containing nuclear materials, systems, equipment, or machinery whose destruction could directly or indirectly result in radiological consequences; the critical area is within the protected area of the nuclear facility.

5. Physical Barrier is a fence, wall, or obstacle to control entry and exit and delay intrusion.

6. Nuclear Facility means the facilities specified in Clause 1, Article 37 of the Atomic Energy Law.

7. Loss of Nuclear Facility Security, Nuclear Material Security occurs when any of the following situations arise:

a) Nuclear material is stolen, illegally appropriated, or destroyed during use, storage, or transport;

b) A nuclear facility is accessed unlawfully or destroyed;

c) There is evidence indicating the existence of a risk leading to the situation described in point a or point b of this clause.

8. Radiological Consequences are consequences for humans and the environment caused by radioactive substances.

Article 3. Classification of Nuclear Materials

Based on security requirements, nuclear materials are classified into Groups I, II, and III as prescribed in the Appendix attached hereto and nuclear materials not belonging to Groups I, II, or III.

Article 4. Principles for Ensuring Nuclear Material and Nuclear Facility Security

1. The head of an organization or individual licensed to conduct radiation work involving nuclear materials and nuclear facilities is ultimately responsible for ensuring nuclear material and nuclear facility security.

2. Organizations and individuals licensed to conduct radiation work involving nuclear materials and nuclear facilities must comply with the security requirements for nuclear materials and nuclear facilities set forth in this Circular and other relevant laws.

3. Security requirements and measures for nuclear materials and nuclear facilities must be appropriate to the group of nuclear materials and the level of radiological consequences that may occur if they are destroyed. Organizations and individuals using, storing, and transporting nuclear materials not belonging to Groups I, II, or III must implement necessary management measures to ensure security.

4. Safety, security, and nuclear control measures must be considered from the design stage to ensure that these measures support each other without adversely affecting one another.

Article 5. Security Assurance Plan

Organizations and individuals conducting radiation work involving nuclear materials and nuclear facilities must develop a security plan detailing security measures consistent with the provisions of this Circular. The security plan is part of the safety assessment report submitted for the issuance or renewal of a radiation work license and is part of the annual safety status report conducted and submitted to the Radiation and Nuclear Safety Agency upon its request.

Chapter II
SECURING NUCLEAR MATERIALS IN USE, STORAGE, AND SECURING NUCLEAR FACILITIES

Article 6. Responsibilities of organizations and individuals when using and storing Group I nuclear materials

1. Establish restricted access areas and apply measures to control and limit entry into these areas.

2. Establish protected areas ensuring the following requirements:

a) Located within restricted access areas;

b) Surrounded by physical barriers with intrusion detection and alarm systems; physical barriers, detection, and alarm systems must be designed so that security forces have sufficient time to assess the cause of the alarm and respond promptly to illegal intrusions;

c) Limit the number of entrances and exits and install devices to detect and alarm for illegal intrusions;

d) Persons permitted to enter this area must be limited to the minimum extent possible and must carry identification; persons permitted to enter without an escort must be employees of the facility, without prior criminal records, not currently under criminal investigation, have good moral character, and be granted permission in writing by the head of the facility; other individuals entering this area must be accompanied by someone and must obtain written consent from the head of the facility, specifying the person entering, the escort, and the time of entry and exit;

đ) Implement measures to inspect people, transportation means, and items entering and exiting to detect and prevent illegal entry, carrying prohibited items into the area, or illegally removing nuclear materials from the area.

3. Establish special control areas ensuring the following requirements:

a) Located within protected areas;

b) Continuous monitoring measures for persons present in this area;

c) Not allowing personal transportation vehicles to enter;

d) Physical barriers should be placed at reasonable distances to prevent road and waterway vehicles from approaching to damage the facility;

đ) Implement procedures for recording and retaining information about all persons who have entered the area and all persons who have used, managed keys, access cards, or computer systems controlling access to the area; information must be recorded in logbooks and retained for at least five years;

e) Apply security measures as stipulated in Points b, c, d, and đ Clause 2 of this Article.

4. Use and store nuclear materials in a robustly designed room located within the special control area, which is always locked and equipped with an unauthorized access alarm system; when nuclear materials are temporarily placed in unattended work areas outside the robust room, necessary security measures must be implemented.

5. Develop and implement key management regulations for rooms used to store nuclear materials, ensuring:

a) Regularly changing lock combinations;

b) Changing locks, keys, or lock combinations if there are signs of security breaches.

6. When moving nuclear materials within protected areas or between protected areas, necessary security measures must be applied.

7. Establish a record management system for nuclear materials, including information on placement location, form, physical state, composition, and quantity of nuclear materials, usage and storage logs.

8. Organize security forces to ensure continuous 24-hour guarding, patrol protected areas, and promptly respond to and prevent unauthorized access; security personnel must have reliable backgrounds and be provided with radiation safety knowledge, appropriate training, and equipment to perform their duties.

9. Establish a central alarm station to monitor and evaluate alarms, communicate with security forces, response teams, and facility leadership. The central alarm station must meet the following requirements:

a) Located within a protected area and must be designed to maintain operation even during attacks;

b) Have continuous staff presence;

c) Ensure retention and protection of information about the station;

d) Implement measures to restrict and control access to the station.

10. Ensure data transmission from all intrusion detection and alarm devices to the central alarm station and communication between the station and security forces, response teams, and facility leadership in all situations.

11. Equip a two-way communication system between the central alarm station, security forces, and response teams to ensure communication in all situations.

12. Ensure uninterrupted power supply to alarm devices and the central alarm station, unaffected by illegal intervention or sabotage actions.

13. Develop and implement regular inspection procedures for the operation of intrusion detection and alarm devices, communication systems, and other protective systems.

14. Develop and implement confidentiality regulations related to nuclear material security. Computer systems used for security, safety, and nuclear material control must be protected against all destructive actions, including cyber attacks.

15. Organize the dissemination and updating of knowledge, information, and regulations regarding nuclear material security for all employees working in restricted access areas.

16. Develop emergency response plans for security breaches, ensuring legal cooperation between the facility and external response forces; train facility employees to perform emergency response actions; organize annual emergency response plan drills to evaluate the effectiveness of security measures.

17. Coordinate with competent authorities to facilitate external response forces' familiarity with the facility, locations of nuclear materials, and radiation protection knowledge.

Article 7. Responsibilities of organizations and individuals when using and storing Group II nuclear materials

1. Implement the provisions set forth in Clauses 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Article 6 of this Circular.

2. Use and store Group II nuclear materials within protected areas.

3. Have procedures for recording and retaining information on all persons who have ever used, managed keys, access cards, or computer systems controlling access to nuclear materials; such information must be retained for at least five years.

Article 8. Responsibilities of organizations and individuals when using and storing Group III nuclear materials

1. Implement the provisions set forth in Clauses 1, 15, 16, and 17 of Article 6 of this Circular.

2. Use and store Group III nuclear materials within restricted access areas.

3. When moving nuclear materials within restricted access areas, necessary security measures must be applied.

4. Organize security forces with trustworthy staff trained and equipped appropriately to ensure timely response and prevention of unauthorized access.

Article 9. Responsibilities of organizations and individuals with nuclear facilities

1. Implement the provisions set forth in Clauses 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Article 6 of this Circular.

2. Ensure security for nuclear materials used and stored in nuclear facilities according to the corresponding requirements stipulated in Articles 6, 7, and 8 of this Circular. For Group I nuclear materials, instead of the requirement to be used or stored in specially controlled areas, they must be used or stored in critical areas.

3. Establish critical areas ensuring the following requirements:

a) Security measures and controls similar to those for specially controlled areas as provided for in Clause 3 of Article 6 of this Circular;

b) During non-operation or maintenance periods, entry into critical areas must be strictly controlled; for areas with nuclear reactors, before the reactor resumes operation, it must be checked to confirm that no harmful actions were carried out during non-operation or maintenance.

4. Ensure that nuclear materials, systems, equipment, and machinery must be used and stored in critical areas if their destruction could directly or indirectly result in high radiation consequences.

Article 10. Handling of security breaches involving nuclear materials and nuclear facilities

Organizations and individuals with nuclear materials and nuclear facilities, upon discovering signs of security breaches concerning nuclear materials or nuclear facilities, shall be responsible for:

1. Immediately reporting to the nearest public security agency to coordinate handling measures.

2. Within eight hours, report to the immediate superior management agency, the local Department of Science and Technology, and the Radiation and Nuclear Safety Agency.

3. Cooperate with authorized agencies to search for and recover lost nuclear materials.

4. Immediately after a destructive act against nuclear materials or nuclear facilities, take measures to prevent damage, protect the nuclear facility, and safeguard people.

Chapter III
SECURING NUCLEAR MATERIALS DURING TRANSPORTATION

Article 11. Responsibilities of organizations and individuals sending goods for transporting Group I nuclear materials

1. Notify the recipient in advance about the transportation plan, mode of transport, route, delivery time, transfer location, and clearly define the time point for transferring responsibility for securing the nuclear materials.

2. Before transportation, obtain written agreement from the recipient and carrier regarding the time, place, and process for transferring security responsibility, and report to the Radiation and Nuclear Safety Agency, the local Department of Science and Technology where the nuclear materials are being sent from and received.

3. Select routes avoiding areas prone to natural disasters or points lacking national security and social order; have alternative routes in case the main route cannot be used.

4. Minimize the number of times and duration of transferring nuclear material cargo between different modes of transport or temporary storage facilities.

5. Transport nuclear material cargo in enclosed vehicles with locks or in cargo compartments or sealed containers; cargo must be securely fastened to the vehicle, compartment, or container; for cargo weighing more than 2000 kilograms already locked or sealed, it may be transported in open vehicles but must be securely fastened to the compartment or container with at least two locks held by different individuals.

6. Inspect the transport vehicle before loading nuclear materials; immediately after inspection, ensure the transport vehicle is parked in a secure area or under the surveillance of security personnel while waiting for loading.

7. Conduct inspections before transportation to ensure no foreign objects are attached to the cargo or compartment; before and during the transfer of nuclear materials, check the integrity of locks and seals on the cargo, compartments, containers, and transport vehicles.

8. Arrange a transport control center to monitor the position of the transport vehicle, the security status of the transport journey, maintain communication with transport participants, response forces, and alert the response forces in case of attack; the transport control center must be protected to maintain its function even during an attack; during the transport journey, the transport control center must have representatives from the sender organization on duty.

9. Arrange security personnel to participate in the transportation process to monitor and respond to security incidents; disseminate and assign written regulations on the responsibilities of each security personnel during transportation; instruct security personnel to report regularly to the transportation control center and immediately upon arrival at the final delivery location, overnight stop, or material transfer point.

10. Ensure timely communication conditions between participants in the transportation, accompanying security personnel, transportation organizations, senders, receivers, public security agencies, and related agencies throughout the transportation process and in emergency situations.

11. Develop and conduct drills for contingency plans to respond to security incidents.

12. Develop and implement internal rules regarding the confidentiality of information related to nuclear material transportation security.

13. Depending on the mode of transportation, the following additional requirements must be met:

a) For road transportation, dedicated transport vehicles designed to withstand attacks and equipped with devices that can immobilize the vehicle must be used; each transport vehicle must have at least one security guard in addition to the driver; each transport vehicle must have at least one accompanying vehicle for security guards to supervise, protect the transport vehicle, and respond when necessary.

b) For rail transportation, nuclear materials must be placed in cargo cars; security personnel must be located in the car nearest to the car containing nuclear materials.

c) For waterway transportation, dedicated transport vessels must be used to carry nuclear materials.

d) For air transportation, dedicated cargo aircraft carrying nuclear materials as the sole cargo must be used.

Article 12. Responsibilities of organizations and individuals sending goods for the transportation of Group II nuclear materials

1. Transport packages of nuclear materials using enclosed transport means with locks or in cargo compartments or sealed transport containers; packages must be securely fastened to the transport means, cargo compartments, or transport containers; if a package weighs more than 2000 kilograms and has been locked or sealed, it may be transported using open transport means.

2. Arrange security personnel to participate in the transportation process to monitor and respond to security incidents; disseminate and assign written regulations on the responsibilities of each security personnel during transportation.

3. Implement the provisions set forth in Clauses 1, 2, 3, 4, 6, 7, 10, 11, and 12 of Article 11 of this Circular.

Article 13. Responsibilities of organizations and individuals sending goods for the transportation of Group III nuclear materials

Implement the provisions set forth in Clauses 1, 2, 3, 4, 7, 10, and 12 of Article 11 and Clauses 1 and 2 of Article 12 of this Circular.

Article 14. Responsibilities of organizations and individuals transporting

Organizations and individuals transporting are responsible for implementing the provisions set forth in Clause 2 of Article 63 of the Atomic Energy Law.

Article 15. Responsibilities of organizations and individuals receiving goods

1. Ensure the receipt of goods according to the plan previously announced.

2. Inspect the integrity of the packages, locks, and seals before receiving the goods and notify the sender immediately whether the goods have been received or not within the expected time.

3. Apply security measures for nuclear materials as prescribed in this Circular after receiving the goods.

4. Immediately notify the sender and report to the Radiation and Nuclear Safety Administration and the local Science and Technology Department when discovering that the received goods do not conform to the transportation contract regarding type, quantity, or show signs of damage, dismantling, broken seals, or radioactive leakage.

5. Participate in remediation together with relevant parties when a security incident occurs.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from February 15, 2012.

2. During implementation, if there are difficulties, agencies, organizations, and individuals are advised to promptly reflect them to the Ministry of Science and Technology for review and amendment./.

 

 

ANNEX

CLASSIFICATION OF NUCLEAR MATERIALS
(Issued together with Circular No. 38/2011/TT-BKHCN dated December 30, 2011 of the Minister of Science and Technology stipulating requirements for ensuring nuclear material and nuclear facility security)

MaterialFormGroupGroupGroupIIIIIIPlutonium¹Unirradiated²≥ 2 kg< 2 kg and > 500 grams≤ 500 grams and > 15 gramsUranium-235Unirradiated²:   - Enriched ≥ 20%²³⁵U≥ 5 kg< 5 kg and > 1 kg≤ 1 kg and 15 grams- Enriched ≥ 10%²³⁵U and < 20%²³⁵U ≥ 10 kg> 1 kg and < 10 kg- Enriched²³⁵U above natural levels but < 10%  ≥ 10 kgUranium-233Unirradiated²≥ 2 kg< 2 kg and > 500 grams≤ 500 grams and > 15 gramsSpent fuel  Natural or depleted uranium, Thorium or low-enriched fuel (less than 10% fissile content)³ 

¹ All Plutonium except those with Pu-238 content exceeding 80%.

² Unirradiated material in reactors or irradiated in reactors but with radiation level ≤ 100 Gy/h at 1 meter distance and without shielding.

³ For other types of fuel with nuclear material content in Group I or II before irradiation, the group may be reduced by one level if the fuel's radiation level exceeds 100 Gy/h at 1 meter distance and without shielding.