Decree No. 51/2006/ND-CP on administrative sanctions for violations in the field of radiation safety and control

DECREE

Provisions on Administrative Sanctions for Administrative Violations

in the field of radiation safety and control

 

THE GOVERNMENT

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

WHEREAS the Ordinance on Handling Administrative Violations dated July 2, 2002;

WHEREAS the Ordinance on Radiation Safety and Control dated June 25, 1996;

At the proposal of the Minister of Science and Technology,

 

DECREE:

 

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates administrative violations in the field of radiation safety and control, forms of penalties, penalty amounts, authority to impose penalties, procedures for imposing penalties, and measures to mitigate consequences.

2. This Decree applies to all individuals and organizations that intentionally or negligently violate state management regulations in the field of radiation safety and control, which are not criminal offenses and must be subject to administrative penalties according to this Decree.

Foreign individuals and organizations committing administrative violations in the field of state management on radiation safety and control within the territory of the Socialist Republic of Vietnam shall also be subject to penalties under this Decree, except where international treaties to which Vietnam is a party provide otherwise, in which case the provisions of such treaties shall apply.

Administrative violations in the field of state management on radiation safety and control include:

a) Violations of reporting, registration, and licensing requirements as prescribed in the Ordinance on Radiation Safety and Control;

b) Violations of radiation safety assurance conditions;

c) Violations of specific provisions of the Ordinance on Radiation Safety and Control and Decree No. 50/1998/ND-CP dated July 16, 1998 of the Government detailing the implementation of the Ordinance on Radiation Safety and Control (hereinafter referred to as Decree No. 50/1998/ND-CP).

Article 2. Interpretation of Terms

The terms in this Decree are understood as follows:

1. "as mentioned in this Joint Circular includes X-ray devices or devices containing radioactive sources used in healthcare for diagnosis and treatment, including medical diagnostic X-ray equipment, diagnostic equipment using radioactive sources, and radiotherapy equipment."Radiation equipment" means devices capable of emitting ionizing radiation, including devices that emit radiation only when in operation (such as X-ray machines, accelerators...) and radiation equipment with radioactive sources inside (such as remote therapy devices, close therapy devices, industrial and research radiation measurement devices, X-ray analysis machines used in gold and silver shops, irradiation facilities, nuclear reactors...).

2. "Radioactive source"Radioactive source" means radioactive materials used together with equipment or used alone for specific applications of nuclear technology. A radioactive source may be sealed or unsealed.

3. "Sealed radiation source"Sealed radioactive source" means a radioactive source in which the radioactive material is enclosed in a special casing structure ensuring that it does not escape into the environment under normal operating conditions or in the event of a radiation incident.

4. "Unsealed radioactive source"Unsealed radioactive source" means a radioactive source not enclosed in a special casing like a sealed source, where the radioactive material can be separated during use or may leak under normal usage conditions.

5. "Radiation safety service"Radiation safety service" means activities serving radiation safety work at radiation facilities, providing personal radiation dose measurement services, designing, constructing, expanding, upgrading radiation facilities such as X-ray rooms, nuclear medicine departments, remote therapy facilities, radioactive source storage facilities, radioactive material and waste storage facilities, radiation safety assessments, environmental radiation impact assessments, quality inspection of radiation equipment, calibration of radiation measuring equipment and radiation equipment.

6. "Transport Index"Transport index" is an indicator used to control exposure, to specify the amount of radioactive material contained in radioactive cargo packages to ensure safety during transportation.

Article 3. Principles of Imposition of Sanctions

1. Individuals and organizations are only subject to administrative penalties in the field of radiation safety and control if they commit violations as specified in Chapter II of this Decree.

2. All administrative violations, once discovered, must be immediately halted. Administrative penalties must be carried out promptly, fairly, and thoroughly; all consequences caused by administrative violations must be mitigated according to the law.

3. Administrative penalties in the field of radiation safety and control must be conducted by authorized persons in accordance with the law on administrative penalties.

4. An administrative violation is penalized only once; an individual who commits multiple administrative violations is penalized for each violation; multiple individuals committing the same administrative violation are each penalized.

5. Administrative penalties must be based on the nature, degree of violation, background of the violator, and mitigating or aggravating circumstances to determine the form, level of penalty, and appropriate measures according to this Decree.

6. Administrative penalties shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair cognitive function or control over behavior.

7. In cases where an individual or organization simultaneously commits multiple administrative violations, including those in the field of radiation safety and control, the authority to impose penalties shall be determined according to the principle stipulated in Clause 3 of Article 42 of the Ordinance on Handling Administrative Violations.

If an administrative violation in the field of radiation safety and control appears to be a criminal offense, the authority stipulated in Articles 23, 24, and 25 of this Decree must transfer the file to the competent criminal prosecution agency for resolution.

It is strictly prohibited to apply administrative penalties to acts that appear to be criminal offenses in the field of radiation safety and control.

9. Mitigating and aggravating circumstances are applied according to the provisions of Article 8 and Article 9 of the Ordinance on Handling Administrative Violations in 2002.

Article 4. Forms of Administrative Sanctions and Measures to Mitigate Consequences

1. For each administrative violation in the field of radiation safety and control, the violator, whether an individual or an organization, shall be subject to one of the following main forms of administrative sanctions:

a) Warning: applicable in cases of minor violations, first-time offenses, with mitigating circumstances, or for all administrative violations committed by individuals under 16 years old but over 14 years old.

b) Fine: based on the nature and degree of the violation, the competent authority decides the amount of fine within the prescribed penalty range.

When imposing a fine, the specific amount of the fine for a single administrative violation is the midpoint of the fine range specified for that violation in the absence of mitigating or aggravating circumstances. The midpoint of the fine range is determined by dividing the sum of the minimum and maximum amounts by two.

Violations with mitigating circumstances may result in a reduced fine, but it cannot be lower than the minimum amount of the prescribed fine range.

Violations with aggravating circumstances may result in an increased fine, but it cannot exceed the maximum amount of the prescribed fine range.

2. Depending on the nature and degree of the violation, individuals or organizations violating administrative regulations in the field of radiation safety and control may also be subject to one or more supplementary forms of administrative sanctions as follows:

a) Suspension of the right to use a license in the field of radiation safety and control for up to six months.

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main forms of administrative sanctions and supplementary sanctions mentioned above, individuals or organizations violating administrative regulations may also be compelled to apply one or more measures to mitigate consequences as follows:

a) Obligation to decontaminate areas contaminated by radiation to meet environmental standards.

b) Obligation to restore the initial state altered due to the administrative violation.

c) Obligation to destroy or bury radioactive items or goods in accordance with radiation safety regulations.

d) Obligation to reconstruct building structures and shielding according to radiation safety standards to ensure the surrounding environment.

đ) Obligation to re-export imported contraband goods in accordance with the provisions of the law.

e) Obligation to recover dispersed contraband goods; trace the source of radiation to return to the initial state.

g) Obligation to arrange suitable work for individuals under 18 years old, those prohibited from working due to health conditions as stipulated by the Ministry of Health; pregnant women or nursing mothers as provided for in Clause 1, Article 6, and Clause 3, Article 10 of Decree No. 50/1998/NĐ-CP dated July 16, 1998, detailing the implementation of the Ordinance on Radiation Safety and Control and the Labor Code.

h) Other measures to mitigate consequences as prescribed in Chapter II of this Decree.

Article 5. Statute of Limitations for Administrative Sanctions and Period Considered as Not Having Been Subject to Administrative Sanctions

1. The statute of limitations for administrative sanctions in the field of radiation safety and control is two years from the date the administrative violation was committed. If this period has passed, the individual or organization that committed the violation will not be sanctioned, but they will still be subject to measures to mitigate consequences as prescribed in Clause 3, Article 4 of this Decree.

2. For individuals committing acts of violation of laws on radiation safety and control who are prosecuted, indicted, or have a case brought to trial under criminal procedures but later have a decision to terminate investigation or close the case, if the act of violation indicates an administrative violation, they will be subject to administrative sanctions; in such cases, the statute of limitations for administrative sanctions is three months, starting from the date the competent authority receives the decision to terminate and the case file.

3. Within the periods prescribed in Clauses 1 and 2 of this Article, if an individual or organization commits a new administrative violation in the field of radiation safety and control or intentionally evades or obstructs the imposition of sanctions, the statute of limitations prescribed in Clauses 1 and 2 of this Article will not apply. The statute of limitations will be recalculated from the date of the new administrative violation or the end of the evasion or obstruction of sanctions.

4. Individuals or organizations subject to administrative sanctions for radiation safety and control, if they do not commit a repeat offense within one year from the date of completion of the sanction decision or from the expiration date of the enforcement of the sanction decision, will be considered as not having been subject to administrative sanctions for radiation safety and control.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS,

FORMS AND AMOUNTS OF SANCTIONS

Article 6. Violations concerning reporting requirements

1. A fine of from VND 1,500,000 to VND 3,000,000 shall be imposed on individuals and organizations committing any of the following violations related to the reporting of radiation facilities, radioactive sources, radiation equipment, radioactive waste, and radiation work, specifically:

a) Fraudulent reporting or incomplete reporting;

b) Altering or erasing records to meet the conditions for exemption from reporting;

c) Failure to report radiation facilities;

d) Failure to report radioactive sources;

đ) Failure to report radiation equipment;

e) Failure to report radioactive waste;

g) Failure to report when conducting radiation work.

2. Remedial measures: Individuals and organizations violating Clause 1 of this Article shall be required to comply with the reporting requirements set forth in Article 22 of the Radiation Safety and Control Ordinance.

Article 7. Violations concerning registration requirements

1. A fine of from VND 1,500,000 to VND 3,000,000 shall be imposed on individuals and organizations engaging in fraudulent registration of radioactive sources, radiation equipment, and storage locations for radioactive waste.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations possessing radioactive sources, radiation equipment, or radioactive waste but failing to register them according to the regulations for radioactive sources and storage locations for radioactive waste.

3. Remedial measures: Individuals and organizations violating Clause 1 and Clause 2 of this Article shall be required to comply with the registration requirements set forth in Article 23 of the Radiation Safety and Control Ordinance.

Article 8. Violations concerning permit requirements

1. A fine of from VND 1,500,000 to VND 3,000,000 shall be imposed on individuals and organizations engaging in fraudulent activities during the application process for radiation safety permits as stipulated in the Radiation Safety and Control Ordinance.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations performing any of the following acts without a permit:

a) Conducting special radiation work;

b) Performing services related to radiation safety.

3. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed on individuals and organizations performing any of the following acts without a permit:

a) Using radioactive sources or radiation equipment for medical diagnosis and treatment;

b) Using radioactive sources for structural and chemical analysis, quality control of construction projects, security checks, measurement, and product quality control;

c) Using radioactive sources or radiation equipment for testing or scientific research.

4. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed on individuals and organizations performing any of the following acts without a permit:

a) Exporting, importing, temporarily exporting for re-importation, or temporarily importing for re-exportation of radioactive sources or radiation equipment;

b) Repairing, assembling, or replacing radioactive sources or radiation equipment;

c) Producing consumer products containing radioactive materials;

d) Transporting radioactive sources or radiation equipment or radioactive waste through transit.

5. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on individuals and organizations performing any of the following acts without a permit:

a) Producing sealed radioactive sources, unsealed radioactive sources, or radiation equipment without a permit;

b) Engaging in irradiation activities (including using accelerators, X-ray devices, high-activity radioactive source-containing equipment that can produce strong radiation fields for sterilization or commercial product processing) or fixed radiation imaging;

c) Mining and processing radioactive ores;

d) Handling or disposing of radioactive waste.

6. Measures to remedy consequences:

a) Individuals and organizations violating Clauses 2, 3, 4, and 5 of this Article shall be required to implement radiation safety measures;

b) Individuals and organizations violating Point c Clause 4 of this Article shall be required to destroy or dispose of consumer products containing radioactive materials exceeding permissible levels as prescribed by law;

c) Individuals and organizations violating Clauses 1, 2, 3, 4, and 5 of this Article shall be required to apply for permits in accordance with Article 24 of the Radiation Safety and Control Ordinance within thirty days from the date of receipt of the competent authority's decision.

Article 9. Acts violating regulations on upgrading and renovating radiation facilities

1. A fine of VND 3,000,000 to VND 8,000,000 shall be imposed on individuals and organizations that carry out any of the following acts without a permit:

a) Upgrading or expanding the scope of operation of a radiation facility on their own initiative;

b) Reactivating a radiation facility after upgrading or renovation.

2. Measures to remedy consequences: individuals and organizations committing violations under Clause 1 of this Article shall be required to apply for a permit in accordance with Article 24 of the Radiation Safety and Control Ordinance within thirty days from the date they receive the decision of the competent authority.

Article 10. Acts of using expired permits

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on individuals and organizations that use permits for radiation facilities, radiation work permits, and special radiation worker permits that have exceeded their validity period but not more than thirty days from the expiry date.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on individuals and organizations that use permits for radiation facilities, radiation work permits, and special radiation worker permits that have exceeded their validity period and do not fall under the provisions of Clause 1 of this Article.

3. Measures to remedy consequences: individuals and organizations committing violations under Clauses 1 and 2 of this Article shall be required to extend the validity of their permits in accordance with Article 26 of the Radiation Safety and Control Ordinance within thirty days from the date they receive the decision of the competent authority.

Article 11. Acts violating conditions specified in the permit

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on individuals and organizations that violate any of the conditions stipulated in the permit.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations that use radioactive sources, radiation equipment for purposes other than those prescribed in the permit issued by the State management agency for radiation safety and control.

3. Additional form of punishment: suspension of the right to use the permit for up to three months for violations under Clause 1 of this Article and suspension of the right to use the permit for up to six months for violations under Clause 2 of this Article.

4. Measures to remedy consequences: individuals and organizations committing violations under Clauses 1 and 2 of this Article shall be required to comply with the conditions stipulated in the permit.

Article 12. Acts violating regulations on the import and export of radiation equipment, radioactive sources, and radioactive waste

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations that engage in import and export activities that do not conform to the technical parameters of radiation equipment and radioactive sources specified in the permit.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on individuals and organizations that import radiation equipment, radioactive sources, and radioactive waste listed in the Prohibited Import Goods Catalogue.

3. Additional form of punishment: suspension of the right to use the radiation safety permit for up to six months for individuals and organizations committing violations under Clauses 1 and 2 of this Article.

4. Measures to remedy consequences: individuals and organizations committing violations under Clauses 1 and 2 of this Article shall be required to immediately implement measures to ensure radiation safety and return the contraband goods in accordance with the provisions of the law.

Article 13. Acts violating regulations on the storage, temporary retention, transfer of radioactive sources, radiation equipment, and radioactive waste

1. A fine of from VND 20,000,000 to VND 45,000,000 shall be imposed on individuals and organizations that commit any of the following acts:

a) Buying, selling, giving, lending, borrowing, renting, or subletting radioactive sources and radiation equipment without a permit;

b) Storing radioactive sources and temporarily retaining radioactive waste without a permit.

2. A fine of from VND 25,000,000 to VND 50,000,000 shall be imposed on individuals and organizations that lose, misplace, or spill radioactive sources and radiation equipment due to negligence in management and use.

3. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed on individuals and organizations that violate the provisions set forth in Clause 2 of this Article but intentionally fail to report to the competent state agency for radiation safety and control.

4. Additional sanctions: confiscation of property and means of transport of individuals and organizations that commit violations stipulated in Points a and b of Clause 1 of this Article concerning the nearest storage facility for radioactive sources that has been licensed for use by the Ministry of Science and Technology.

5. Measures to remedy consequences:

a) Compel individuals and organizations that commit violations stipulated in Points a and b of Clause 1 of this Article to implement radiation safety measures as prescribed by law and provide full information to the competent state agency for radiation safety and control;

b) Compel individuals and organizations that commit violations stipulated in Clause 2 and Clause 3 of this Article to take the following actions: immediately notify the competent state agency for radiation safety and control and the nearest police station; locate the source of radiation to restore the initial condition; costs for searching and remediation shall be borne by the individual or organization managing and using the radioactive sources and radiation equipment.

Article 14. Acts violating regulations on the transportation of radioactive sources and radioactive waste

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations that commit any of the following acts:

a) Transporting in quantities, types, and routes not specified in the permit issued by the competent authority;

b) Using transportation means not complying with radiation safety regulations;

c) Violating packaging, labeling, and other safety regulations related to radiation during the transportation of radioactive sources and radioactive waste;

d) Transporting without a radiation safety officer accompanying the shipment (except when transporting radiation equipment that only emits radiation when in operation);

đ) Transporting shipments exceeding the specified transportation limits;

e) Transporting under conditions where the radiation dose in the driver's cabin and at the seating position exceeds the radiation safety regulations.

2. A fine of from VND 20,000,000 to VND 45,000,000 shall be imposed on individuals and organizations that cause the spillage of radioactive sources and radioactive waste during transportation.

3. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed on individuals and organizations that violate the provisions set forth in Clause 2 of this Article and affect public health and the environment.

4. Additional sanctions: suspension of the right to use the permit for up to three months for individuals and organizations that violate any of the provisions set forth in Clause 1 of this Article.

5. Measures to remedy consequences:

a) Compel individuals and organizations that violate any of the provisions set forth in Clause 1 of this Article to transport strictly according to the transportation permit and to implement radiation safety measures as prescribed;

b) Compel individuals and organizations that violate Clause 2 and Clause 3 of this Article to take the following actions: immediately notify the competent state agency for radiation safety and control and the nearest police station; recover spilled radioactive sources and radioactive waste and decontaminate contaminated areas to meet environmental standards; costs for remediation shall be borne by the individual or organization transporting the radioactive sources and radioactive waste.

Article 15. Acts violating regulations on performing services related to radiation safety

1. A fine of VND 3,000,000 to VND 10,000,000 shall be imposed on individuals and organizations that commit any of the following acts:

a) Performing services related to radiation safety but violating regulations on radiation safety;

b) Performing services related to radiation safety beyond the permitted authority granted by the state management agency for radiation safety and control;

c) Failing to report periodically the results of individual radiation dose measurements to the state management agency for radiation safety and control as prescribed by law.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on individuals and organizations using radioactive sources or radiation equipment that do not meet quality standards for diagnosis and treatment in medical examinations and treatments.

3. Additional sanctions: suspension of the right to use a permit for up to six months for violations under Clause 1 of this Article.

4. Measures to remedy consequences:

a) Compel individuals and organizations committing violations as stipulated in Point a, Clause 1 of this Article to comply with regulations on ensuring radiation safety; those violating Point b, Clause 1 of this Article must comply with the permitted authority;

b) Compel individuals and organizations committing violations as stipulated in Point c, Clause 1 of this Article to report the results of individual radiation dose measurements according to Clause 2 of Article 13 of Decree No. 50/1998/NĐ-CP dated July 16, 1998 of the Government;

c) Compel individuals and organizations committing violations as stipulated in Clause 2 of this Article to repair or adjust to meet the prescribed quality standards.

Article 16. Acts violating regulations on handling and managing radioactive waste

1. A fine of VND 3,000,000 to VND 8,000,000 shall be imposed on individuals and organizations that commit any of the following acts:

a) Failing to establish records for each discharge of characteristic radioactive waste;

b) Not handling or handling radioactive waste not in accordance with prescribed radiation safety standards.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations using storage pools or warehouses for radioactive waste that do not meet prescribed radiation safety standards.

3. A fine of VND 10,000,000 to VND 25,000,000 shall be imposed on individuals and organizations failing to organize the collection of radioactive waste.

4. A fine of VND 20,000,000 to VND 45,000,000 shall be imposed on individuals and organizations discharging radioactive waste exceeding permitted levels causing adverse effects on health and the environment.

5. Measures to remedy consequences:

a) Compel the reconstruction of storage pools or warehouses for radioactive waste in accordance with prescribed standards for violations under Clause 2 of this Article;

b) Compel decontamination in areas contaminated with radiation for violations under Clauses 3 and 4 of this Article to meet environmental standards;

c) Compel individuals and organizations violating Clause 3 of this Article to collect radioactive waste as prescribed;

d) Compel individuals and organizations violating Clause 4 of this Article to refrain from discharging radioactive waste into the environment beyond permitted levels.

Article 17. Acts violating regulations on the location of radiation facilities

1. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed on individuals and organizations that locate radiation facilities at locations not approved by the state management agency for radiation safety.

2. Measures to remedy consequences: compel relocation to the location approved by the state management agency for radiation safety.

Article 18. Violations concerning shielding regulations and size requirements for radiation work rooms

1. A fine of VND 3,000,000 to VND 8,000,000 shall be imposed on individuals and organizations that commit any of the following acts:

a) Allowing radiation rays to exceed the permitted dose rate limit;

b) Using a room for radiation work where the thickness of the walls, ceiling, floor, doors, and windows does not meet the safety radiation regulations, and the bottom edge of the window and ventilation opening is less than 2 meters above the ground outside.

2. A fine of VND 3,000,000 to VND 10,000,000 shall be imposed on individuals and organizations using a room with dimensions that do not meet the prescribed standards for conducting radiation work.

3. Additional form of punishment: Revocation of the permit to use for up to three months for individuals and organizations violating the provisions of Clause 1 of this Article.

4. Measures to remedy consequences:

a) Compel individuals and organizations violating Clause 1 of this Article to renovate the room to ensure construction structure meets the shielding protection safety radiation regulations;

b) Compel individuals and organizations violating Clause 2 of this Article to renovate the room to meet the prescribed standard dimensions for conducting radiation work.

Article 19. Violations concerning environmental protection regulations

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on individuals and organizations producing, processing, or using radioactive materials or sources causing environmental radiation contamination.

2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on individuals and organizations failing to promptly implement measures to address environmental radiation contamination upon discovery.

3. A fine of VND 35,000,000 to VND 70,000,000 shall be imposed on individuals and organizations burying or disposing of radioactive waste causing pollution and affecting the environment and public health.

4. Additional form of punishment: Revocation of the permit to operate in the field of radiation safety and control for up to six months for individuals and organizations committing violations under Clause 1, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel decontamination in areas contaminated by radiation for violations under Clause 1 and Clause 2 of this Article to meet environmental standards;

b) Compel individuals and organizations committing violations under Clause 3 of this Article to comply with point a of Clause 5 of this Article and re-bury or dispose of radioactive waste to meet environmental standards;

c) Individuals and organizations committing violations under Clause 1, Clause 2, and Clause 3 of this Article shall bear responsibility for costs incurred in remedying consequences.

Article 20. Violations concerning specific provisions of the Radiation Safety and Control Ordinance and Decree No. 50/1998/ND-CP

1. A warning or a fine of VND 200,000 to VND 1,000,000 shall be imposed on individuals and organizations violating any of the following provisions:

a) Not having radiation warning signs or lights at designated locations;

b) Not having internal rules on radiation safety for radiation facilities;

c) Not having procedures for operating radiation equipment.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on individuals and organizations failing to organize the retention of any of the following records:

a) Environmental radiation monitoring records;

b) Records of regular maintenance of machinery and systems ensuring radiation safety;

c) Health records of radiation workers;

d) Individual radiation dose records of radiation workers;

đ) Records on upgrading, expanding the scope of operations of radiation facilities, quality checks, periodic inspections, and annual calibrations of radiation equipment and radioactive sources as prescribed;

e) Operation logs of equipment;

g) Records of radioactive waste disposal;

h) Records of radiation equipment and radioactive sources.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on individuals and organizations violating any of the following provisions:

a) Not appointing a radiation safety officer;

b) Appointing a radiation safety officer without a certificate of training in radiation safety as stipulated in Articles 5, 8, and 26 of Decree No. 50/1998/ND-CP dated July 16, 1998, of the Government;

c) Not organizing training and retraining of radiation safety knowledge for radiation workers as prescribed by Decree No. 50/1998/ND-CP dated July 16, 1998, of the Government.

d) Not establishing a radiation accident prevention and response team appropriate to the scale of operations of the facility.

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on individuals and organizations violating any of the following provisions:

a) Hiring persons under 18 years old as radiation workers;

b) Hiring persons with contraindications to radiation as radiation workers;

c) Not conducting regular health examinations for radiation workers as prescribed;

d) Allowing pregnant women or nursing mothers to work with radiation;

đ) Not providing personal dosimeters to radiation workers;

e) Not conducting regular individual radiation dose assessments as prescribed;

g) Not providing appropriate personal protective equipment to radiation workers;

h) Not providing suitable exhaust cabinets for work involving radioactive gases, vapors, or aerosols;

i) Not having appropriate shielding tools for each type of nuclear technology application work;

k) Not regularly checking the quality of medical radiation equipment used;

l) Not annually calibrating radiation dose measuring devices and radiotherapy sources;

m) Repairing radiation equipment without recalibration and permission to reuse, altering its parameters.

5. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on individuals and organizations violating any of the following provisions:

a) Not conducting annual inventory of radiation sources;

b) Not reporting annual radiation safety conditions to the competent state management agency for radiation safety and control;

c) Not conducting regular environmental radiation monitoring around radiation facilities;

d) Not conducting regular radiation monitoring at workplaces of radiation workers;

đ) Not having radiation alarm devices for facilities with reactors, accelerators, irradiation units, remote radiotherapy facilities, and facilities mining and processing radioactive ores;

e) Not having a plan for radiation accident prevention and response;

g) Not promptly detecting and handling radiation accidents according to the plan;

h) Not promptly reporting to the competent radiation safety management agency and related agencies;

i) Not fully implementing measures within their responsibility when a radiation accident occurs.

k) Refusing to comply or failing to strictly comply with emergency mobilization orders for personnel, materials, and equipment to address radiation incidents;

l) Obstructing or failing to properly follow instructions when competent authorities are addressing radiation incidents.

6. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on individuals or organizations that commit any of the following acts:

a) Unauthorized removal of radiation safety systems;

b) Failure to organize regular maintenance of radiation safety systems, resulting in violations of radiation safety regulations.

7. Measures to remedy consequences

a) Individuals or organizations violating Clause 1 of this Article must install warning signs, establish entry and operational rules for radiation facilities, and develop radiation equipment operation procedures;

b) Individuals or organizations violating Clause 2 of this Article must establish and retain relevant safety and radiation control records;

c) Individuals or organizations violating Points a, b, and c of Clause 3 of this Article must implement regulations regarding the appointment of radiation safety officers and radiation safety training for such officers and radiation workers; those violating Point d of Clause 3 of this Article must form a radiation incident prevention and response team appropriate to the scale of their operations;

d) Individuals or organizations violating Points a, b, and d of Clause 4 of this Article must comply with the provisions at Point g of Clause 3 of Article 4 of this Decree; those violating Points c, d, e, and g of Clause 4 of this Article must conduct health examinations, provide personal dosimeters, and equip protective gear for radiation workers; those violating Points h, i, k, l, and m of Clause 4 of this Article must calibrate and inspect radiation equipment and install safety equipment in accordance with the law;

đ) Individuals or organizations violating Points a and b of Clause 5 of this Article must conduct inventory and report on radiation safety conditions; those violating Points c and d of Clause 5 of this Article must conduct periodic radiation monitoring as required; those violating Point đ of Clause 5 of this Article must install radiation alarm devices; those violating Points e, g, h, i, k, and l of Clause 5 of this Article must have plans to prevent and respond to radiation incidents; they must handle incidents according to the plan; they must promptly report to radiation safety management authorities and related agencies; they must fully implement measures within their responsibility when radiation incidents occur; they must comply with emergency mobilization orders for personnel, materials, and equipment to address incidents; they must strictly follow instructions from competent authorities when addressing incidents.

Article 21. Violations concerning the dissolution of radiation facilities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on individuals or organizations that dissolve radiation facilities without complying with the procedures and steps prescribed in Article 15 of Government Decree No. 50/1998/NĐ-CP dated July 16, 1998.

2. Remedial measures: individuals or organizations with dissolved radiation facilities must comply with the legal provisions on the procedures and steps for dissolving radiation facilities.

Article 22. Acts obstructing state management activities in the field of radiation safety and control

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed on individuals or organizations that commit any of the following acts:

a) Refusing to provide information or documents related to radiation safety inspections and audits;

b) Providing incomplete information to authorized persons conducting radiation safety inspections and audits.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on individuals or organizations that commit any of the following acts:

a) Insulting or threatening persons performing duties in the field of radiation safety and control;

b) Evading, obstructing, or delaying the implementation of requirements, recommendations, or inspection and audit decisions in the field of radiation safety and control.

Chapter III
AUTHORITY AND PROCEDURES FOR IMPOSING FINES

Article 23. Competence to impose administrative penalties at various levels of People's Committees

1. The Chairman of the People's Committee of a district-level city has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Confiscation of property and means used for committing administrative violations;

d) Application of one or more remedial measures provided for in points a, b, c, d, e, g, h of Clause 3, Article 4 of this Decree.

2. The Chairman of the Provincial People's Committee has the competence to apply forms of administrative penalty prescribed in Article 30 of the Ordinance on Handling Administrative Violations with respect to administrative violations prescribed in Chapter II of this Decree including:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) Confiscate the objects and means used to commit administrative violations;

d) Revocation of the right to use a license issued by the Department of Science and Technology for up to six months;

In cases where the revocation of the right to use a license related to radiation safety and control is issued by a state management agency for radiation safety and control at a higher level, the Chairman of the Provincial People's Committee shall issue a decision to suspend the violation, recover the license, and request the competent authority to revoke the right to use that license.

đ) application of one or more other measures provided for in Clause 3, Article 4 of this Decree.

Article 24. Competence to impose administrative penalties of specialized inspection agencies for radiation safety and control

1. Specialized inspectors for radiation safety and control under the Ministry of Science and Technology and provincial Departments of Science and Technology directly under the Central Government, while performing their duties, have the right to apply forms of administrative penalty against administrative violations prescribed in Chapter II of this Decree including:

a) Warning or fine up to VND 200,000;

b) Confiscation of property and means used for committing administrative violations with a value up to VND 2,000,000;

c) Application of remedial measures provided for in points a, b, c, d, e, g, h of Clause 3, Article 4 of this Decree.

2. The Head of the Inspection Department of the Department of Science and Technology has the competence to apply forms of administrative penalty against administrative violations prescribed in Chapter II of this Decree including:

a) Warning or fine up to VND 20,000,000;

b) Confiscation of property and means used for causing administrative violations;

c) Application of remedial measures provided for in points a, b, c, d, e, g, h of Clause 3, Article 4 of this Decree.

3. The Head of the Inspection Department of the Ministry of Science and Technology has the competence to apply forms of administrative penalty against administrative violations prescribed in Chapter II of this Decree including:

a) Warning or fine up to VND 70,000,000;

b) Confiscation of property and means used for causing administrative violations;

c) Revocation of the right to use a license of the state management agency for radiation safety and control under the Ministry of Science and Technology and the Director of the Department of Science and Technology for up to six months;

d) Application of remedial measures provided for in Clause 3, Article 4 of this Decree.

Article 25. Competence to impose administrative penalties of the People's Public Security Organs, Border Guard Forces, Coast Guard, Customs Authorities, Market Management Agencies, and other specialized inspection agencies.

The People's Public Security Organs, Border Guard Forces, Coast Guard, Customs Authorities, Market Management Agencies, and other specialized inspection agencies have the competence to impose administrative penalties according to Articles 31, 32, 33, 34, 37, and Article 38 of the Ordinance on Handling Administrative Violations 2002 for administrative violations related to radiation safety and control within the scope of management of their respective Ministries and sectors.

Article 26. Responsibilities of State Management Agencies for Safety and Radiation Control in Handling Administrative Violations

The Radiation Safety and Control Agency under the Ministry of Science and Technology is an agency subordinate to the Ministry of Science and Technology with the duty to assist the Minister in performing state management functions for safety and radiation control, and is responsible for participating and coordinating with other competent agencies at central and local levels in handling administrative violations and mitigating consequences of radiation incidents according to regulations on safety and radiation control when these agencies request.

Article 27. Principles for Determining Authority to Impose Penalties

1. The Chairman of the People's Committee of the province and the Chairman of the People's Committee of the district have the authority to impose penalties for administrative violations in the field of safety and radiation control within their respective localities.

2. The Heads of specialized inspection departments and Inspectors of the agencies: Ministry of Science and Technology, Department of Science and Technology have the authority to impose penalties for administrative violations in the field of safety and radiation control within the scope of management of their respective heads.

In cases where the violation exceeds the authority of the Head of the Department of Science and Technology's Inspection, the violation file shall be transferred to the Chairman of the Provincial People's Committee for administrative penalty imposition according to his authority.

3. The authority to impose administrative penalties in the field of safety and radiation control of those persons specified in Article 25 of this Decree shall be implemented according to the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Article 28. Procedures for Imposing Administrative Penalties

1. When discovering a violation or signs of an administrative violation concerning safety and radiation control, the person authorized to impose penalties must immediately issue an order to stop the violation and require individuals and organizations to comply with legal regulations on safety and radiation control.

2. In cases where the violation is clearly identified as subject to a warning penalty, the person authorized to impose penalties does not need to prepare an administrative violation record but can decide to impose the penalty in writing right at the location of the violation.

If it is considered that the violation may require a fine, the person authorized to impose penalties must prepare an administrative violation record according to the provisions of Article 55 of the Administrative Violation Handling Ordinance. The person preparing the administrative violation record must create conditions for individuals and organizations violating to present their opinions on the violation behavior.

3. If it is deemed necessary to have an evaluation and conclusion from a specialized agency on safety and radiation control for handling the violation, the person authorized to impose penalties only prepares an inspection, examination, and supervision record as a basis for resolution. At the same time, the person authorized to impose penalties sends the violation file, evidence, and a request for appraisal to the State Management Agency for Safety and Radiation Control according to Article 26 of this Decree or the Department of Science and Technology for comments on the evaluation and conclusion about the violation and appropriate forms and measures of handling.

Within 10 days from the date of receipt of the request document and violation files and evidence, the State Management Agency for Safety and Radiation Control or the Department of Science and Technology must provide written comments to the person authorized to impose administrative penalties for safety and radiation control.

4. Within 10 days from the date of preparation of the administrative violation record, the person authorized must issue a penalty decision for the violation; in serious cases with many complex circumstances, this period may be extended but not exceed 30 days. The decision to impose penalties and the content of the penalty decision must comply with the provisions of Article 56 of the Administrative Violation Handling Ordinance in 2002.

The effective date of the penalty decision is the signing date, except in cases where another effective date is specified in the decision.

The penalty decision must be sent to the individual or organization being penalized and the agency collecting the fine within three days from the signing date; simultaneously, it must also be sent to the State Management Agency for Safety and Radiation Control under the Ministry of Science and Technology for coordination in monitoring and implementing procedures for establishing, modifying, suspending, or revoking licenses.

Article 29. Procedure for Revoking the Right to Use a Permit

1. When revoking the right to use a permit, the authority with the power to impose penalties shall seize the permit recorded in the penalty decision and immediately notify the agency that issued the permit.

2. Upon expiration of the period for revoking the right to use the permit as stated in the penalty decision, the authority with the power to impose penalties shall return the permit to the individual or organization whose permit was revoked.

3. When discovering that a permit has been issued beyond the authority's jurisdiction or contains content contrary to the law, the authority with the power to impose penalties must immediately carry out its recovery; at the same time, report to the competent state agency.

Article 30. Procedure for Seizing Evidence and Means of Administrative Violation

1. The authority and procedure for applying the measure of temporarily seizing evidence and means of administrative violation shall comply with the provisions of Article 46 of the Administrative Violation Handling Ordinance 2002.

2. The measure of temporarily seizing evidence and means of administrative violation shall be applied in cases where it is necessary to immediately stop the violation or ensure necessary evidence for verifying circumstances serving as grounds for deciding on the handling of violations.

For individuals and organizations engaging in violations as stipulated in Clause 3; Point a, Point b Clause 4; Point a, Point b Clause 5 Article 8 of this Decree, the authority with the power to impose penalties must implement the measure of temporarily seizing to transfer radioactive sources as evidence to the radioactive source storage facility; seal until obtaining permission from the competent state management agency for radiation equipment as evidence.

Transportation and preservation costs shall be borne by the individual or organization managing and using radioactive sources and radiation equipment.

3. Within ten days from the date of temporary seizure, the person issuing the temporary seizure decision must handle the seized evidence and means according to the measures recorded in the handling decision or return them to the individual or organization if confiscation is not imposed on the seized evidence and means. The period for temporarily seizing evidence and means of administrative violation may be extended for complex cases requiring investigation but shall not exceed sixty days from the date of temporary seizure of evidence and means. Extension of the period for temporarily seizing evidence and means must be decided by those persons specified in Clause 1 of Article 46 of the Administrative Violation Handling Ordinance 2002.

4. Temporary seizure of evidence and means of administrative violation must be accompanied by a written decision along with a temporary seizure record and handed over to the violator or representative of the violating organization.

5. For temporary seizure of evidence of administrative violation being radioactive sources and radiation equipment, in addition to complying with the provisions of Clauses 1, 2, 3, and 4 of this Article, safety regulations for radiation protection must also be implemented.

Article 31. Procedure for Confiscating Evidence and Means of Administrative Violation

The procedure for confiscating evidence and means of administrative violation in the field of safety and radiation control shall comply with the provisions of Article 60 of the Administrative Violation Handling Ordinance 2002.

Article 32. Procedure for Handling Evidence and Means of Administrative Violation

The procedure for handling evidence and means of administrative violation confiscated in the field of safety and radiation control shall comply with the provisions of Article 61 of the Administrative Violation Handling Ordinance 2002 and the following provisions:

The destruction measure shall be applied in the following cases:

1. Violative goods that may harm human life, health, and the environment;

2. Violative goods and items that have no value for use.

Article 33. Enforcement of penalty decisions

1. In cases where more than ten days have passed since the individual or organization subject to the penalty received the penalty decision without voluntarily complying with it, the authority with the power to impose penalties shall issue a decision to enforce the penalty decision compulsorily.

2. The enforcement of penalty decisions, compulsory enforcement of penalty decisions, and the statute of limitations for enforcing penalty decisions for administrative violations shall be carried out in accordance with the provisions of Articles 64, 65, 66, 67, 68, and Article 69 of the Administrative Violation Handling Ordinance 2002 and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government on procedures for applying coercive measures to enforce administrative violation penalty decisions.

Chapter IV
SETTLEMENT OF COMPLAINTS AND REPORTS,

HANDLING VIOLATIONS AND REWARDS

Article 34. Complaints, reports, and settlement of complaints and reports

1. Individuals or organizations subject to administrative penalties in the field of safety and radiation control, or their legitimate representatives, have the right to appeal against the penalty decision of the authority with the power to impose administrative penalties.

2. Citizens have the right to report to competent individuals, agencies, or organizations about administrative violations in the field of safety and radiation control committed by other individuals or organizations, or to report illegal acts of the authority with the power to impose administrative penalties in the field of safety and radiation control.

3. Competence, time limit, and procedures for settling complaints and reports shall be carried out in accordance with the procedures and regulations stipulated by laws on complaints and reports.

Article 35. Handling violations against authorities with the power to impose administrative penalties in the field of safety and radiation control

Authorities with the power to impose administrative penalties in the field of safety and radiation control who violate the provisions on administrative penalties shall be handled according to the provisions of Article 121 of the Administrative Violation Handling Ordinance 2002.

Article 36. Rewards and disciplinary actions

Individuals or organizations that have achievements in providing information, detecting, preventing, and handling administrative violations related to safety and radiation control shall be rewarded according to state regulations.

Individuals or organizations subject to the regulation of the Civil Servant Ordinance who commit violations as stipulated in Chapter II of this Decree, in addition to being subject to administrative penalty, shall also be subject to disciplinary action according to the Civil Servant Ordinance.

Chapter V
IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Decree takes effect fifteen days from the date of publication in the Official Gazette.

2. This Decree replaces Decree No. 19/2001/NĐ-CP dated May 11, 2001 of the Government on administrative penalties in the field of safety and radiation control.

Article 38. Responsibility for Implementing the Decree

1. The Minister of Science and Technology is responsible for organizing the implementation and monitoring the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.