Decree No. 70/2010/ND-CP detailing and guiding the implementation of certain provisions of the Atomic Energy Law on nuclear power plants.

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON NUCLEAR ENERGY REGARDING NUCLEAR POWER PLANTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Electricity Law dated December 3, 2004;
Pursuant to the Atomic Energy Law dated June 3, 2008;
Pursuant to the Construction Law dated November 26, 2003;
Based on the Investment Law dated November 29, 2005;
The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.
Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Construction Projects dated June 19, 2009;
Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment and Basic Construction dated June 19, 2009;
Considering the proposal of the Minister of Industry and Trade,

DECREE:

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of application

This Decree guides the provisions of the Law on Nuclear Energy regarding investment, site selection, design, construction, installation, operation, cessation of operations of nuclear power plants, and ensuring safety and security in such activities; conditions for organizations and individuals when investing in constructing nuclear power plants.

Article 2. Applicability

This Decree applies to organizations and individuals both within and outside Vietnam conducting activities related to nuclear power plants in Vietnam.

Article 3. Definitions

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

1. Nuclear power unit is a complex of facilities including a nuclear reactor, turbine, and generator, and other auxiliary equipment that converts nuclear energy generated by the nuclear reactor into electrical energy.

2. Nuclear power plant is a complex of facilities including one or more nuclear power units, transmission systems connecting to the power grid, storage, circulation, and processing sites for radioactive materials located at the same site and directly related to the operation of the nuclear power plant.

3. Nuclear accounting is the inventory and preparation of balance sheets of nuclear materials used in the nuclear reactor.

4. Nuclear inventory is the counting and measurement of nuclear materials to determine the quantity of nuclear materials within a specific period at the nuclear power plant.

5. Investor in the construction of nuclear power plant projects is the person who owns capital or is entrusted with managing and using capital for the investment in constructing nuclear power plant projects.

6. Organization with a nuclear power plant is a legal entity directly managing assets and operating a nuclear power plant.

Article 4. General principles for investment, construction, operation, and cessation of operations of nuclear power plants

1. Investment in nuclear power plants must comply with national electricity development plans and other relevant plans.

2. All activities related to investment, construction, operation, and cessation of operations of nuclear power plants must ensure the highest requirements for safety and security.

3. Investment in construction and operation of nuclear power plants must achieve economic efficiency, contribute to economic and social development, minimize environmental impact, and improve and enhance the living standards of local residents near the nuclear power plant.

4. Nuclear power plants listed as important facilities related to national security must be specially protected and absolutely safe during survey, design, construction, operation, and management according to laws on protecting important facilities related to national security.

5. Licensing for nuclear power plants shall be carried out by state agencies upon request from organizations and individuals, reflecting the responsibility of state agencies in selecting sites, designing, constructing, operating, exploiting, or ceasing operations of nuclear power plants. This provision does not exclude the primary responsibility of licensed organizations and individuals for ensuring safety.

Article 5. Establishing the Plan for Nuclear Power Development

1. The plan for nuclear power development is established for each ten-year phase and provides guidance for the next ten years.

2. The plan for nuclear power development is established concurrently and integrated into the content of the national electricity development plan.

Article 6. Standards, norms, and technical regulations

1. The Ministry of Industry and Trade promulgates or recognizes technical regulations for nuclear power units.

2. The Ministry of Science and Technology promulgates or recognizes standards and norms for nuclear safety in site selection, design, construction, operation, and decommissioning of nuclear power units.

3. The Ministry of Construction promulgates or recognizes standards and norms for the construction of nuclear power units.

Article 7. Duties and authorities of state management agencies for nuclear power plants

1. Ministry of Industry and Trade:

a) Developing and directing the implementation of plans for nuclear power development;

b) Issuing, disseminating, guiding, and organizing the implementation of policies and laws related to nuclear power;

c) International cooperation, negotiating, and signing agreements and international treaties on nuclear power plants;

d) Issuing trial operation permits; issuing, adjusting, revoking, and renewing operation permits for nuclear power plants;

đ) Approving operational procedures for nuclear power plants;

e) Guiding and supporting investors in implementing investment projects and resolving difficulties; addressing requests from investors during the investment and development process of nuclear power projects;

g) Coordinating between state management agencies at various levels in managing investment development, operation of nuclear power plants;

h) Training and enhancing the management capacity of state management agencies on nuclear power plants;

i) Other contents according to their functions, authorities, and assignments by the Government.

2. Ministry of Science and Technology:

a) Issuing regulations related to nuclear power plant safety;

b) Conducting nuclear control activities;

c) Reviewing safety in all phases of nuclear power plant projects;

d) Guiding the content of safety analysis reports;

đ) Training and enhancing the management capacity of nuclear safety agencies;

e) Cooperating with the Ministry of Natural Resources and Environment to guide the content of radiation monitoring plans; setting standards for radioactive emissions, managing radioactive waste, and used nuclear fuel;

g) Cooperating with relevant ministries and sectors to guide the establishment of restricted zones, protection zones, and environmental radiation monitoring areas around nuclear power plants;

h) Other contents according to their functions, authorities, and assignments by the Government.

3. Ministries and ministerial-level agencies within their respective duties and authorities shall manage state affairs concerning nuclear power plants according to the assignment by the Government.

4. People's Committees of provinces and centrally governed cities.

a) Organizing land clearance; issuing certificates of land use rights and supervising land use;

b) Resolving difficulties and obstacles for investors; recommending the Prime Minister or relevant ministries and sectors to resolve issues beyond their authority.

Article 8. Management of documents related to nuclear power plants

1. Documents related to nuclear power plants must be managed and retained for at least 40 years, starting from the date when the competent authority issues a decision recognizing the cessation of operations and the completion of safety responsibilities of the nuclear power plant.

2. The Ministry of Industry and Trade shall provide specific guidance on the catalog, management, use, and exploitation of documents related to nuclear power plants in accordance with legal regulations on archiving.

Chapter 2.
SAFETY OF NUCLEAR POWER PLANTS

Article 9. Safety objectives

When investing, constructing, operating, and ceasing operations of nuclear power plants, the following objectives must be ensured:

1. Establishing and maintaining systems and procedures to ensure safety at nuclear power plants to protect people, society, and the environment from harmful radiation impacts.

2. Under normal operating conditions, ensuring radiation levels inside and outside the plant below permissible limits and at the lowest reasonable level. In case of incidents, measures must be taken to minimize the impact of radiation.

3. Implementing reliable measures to prevent potential incidents in nuclear power plants. For all incidents considered in the design of the plant, even those with very low probability, the radiological consequences, if any, should be minimal, and the likelihood of serious incidents should be extremely small.

Article 10. Safety analysis report

The safety analysis report is based on the design of the nuclear power plant at each stage and includes the following contents:

1. General introduction.

2. General description of the nuclear power plant.

3. Safety management.

4. Site evaluation.

5. General design aspects.

6. Description of major systems of the nuclear power plant.

7. Safety analysis.

8. Calibration and trial operation program.

9. Operational aspects.

10. Operating conditions and limits.

11. Radiation protection.

12. Emergency response.

13. Environmental aspects.

14. Radioactive waste management.

15. Decommissioning and end-of-operation issues.

Article 11. Application for review of the safety analysis report of the nuclear power plant

1. The investor is responsible for preparing the application for review of the safety analysis report of the nuclear power plant and submitting it to the Ministry of Science and Technology for consideration and approval. The application includes:

a) The investor's request for review.

b) The safety analysis report of the nuclear power plant.

c) Relevant legal documents.

2. The Ministry of Science and Technology shall guide the content and quantity of the application for review of the safety analysis report of the nuclear power plant.

3. In cases where the application is not valid, within fifteen working days from the date of receipt of the application, the receiving agency shall notify the investor to supplement and complete the application.

Article 12. Review of the safety analysis report

1. The radiation and nuclear safety agency organizes the review of the safety analysis report of the nuclear power plant.

2. The radiation and nuclear safety agency may hire or invite organizations and individuals both domestically and internationally with sufficient capacity and experience to participate in reviewing part or all of the contents of the safety analysis report as stipulated in Articles 21, 22, 25, 30, 31, and 34 of this Decree.

3. The results of the review of the safety analysis report shall be reflected in the review report with all relevant contents and conclusions as prescribed.

4. The radiation and nuclear safety agency shall report the results of the review of the safety analysis report to the Ministry of Science and Technology and the National Nuclear Safety Council.

5. The Minister of Science and Technology shall approve the results of the review of the safety analysis report.

6. The Ministry of Science and Technology shall issue detailed regulations on the content, process, and procedures for reviewing the safety analysis report of the nuclear power plant.

Article 13. Quality assurance process

The quality assurance process related to the construction of nuclear power plants has an appropriate level of detail for each phase and includes the following contents:

1. Organizing a quality assurance system.

2. Quality assurance program.

3. Design control.

4. Procurement documentation control.

5. Instructions, procedures, and drawings.

6. Documentation control.

7. Control of purchased materials, equipment, and services.

8. Identification and control of equipment, components, and materials.

9. Special process control.

10. Quality inspection program.

11. Testing control.

12. Measurement and testing equipment control.

13. Receipt, storage, and transportation control.

14. Confirmation of inspection, testing, and operational status.

15. Control of non-conforming equipment, components, and materials.

16. Corrective action measures.

17. Quality assurance records.

18. Internal audit control.

Article 14. Nuclear control

1. For nuclear power plants, the objects and areas subject to nuclear control include:

a) Nuclear fuel.

b) Nuclear materials and equipment.

c) Locations for storing and processing nuclear materials.

2. Organizations with nuclear power plants are responsible for:

a) Conducting nuclear accounting and periodically reporting the results of nuclear accounting as required by the radiation and nuclear safety agency.

b) Implementing monitoring measures for nuclear fuel.

c) Storing nuclear accounting records throughout the operational period of the plant.

d) Accepting inspections by authorized state agencies and related international organizations.

e) Adhering to other legal provisions concerning nuclear fuel.

3. International inspection:

a) The Ministry of Science and Technology shall lead and coordinate with relevant agencies and organizations to agree with the International Atomic Energy Agency on the form and plan for international inspections of objects and areas subject to nuclear control as specified in Clause 1 of this Article.

b) Relevant agencies and organizations must comply with the international inspection plan as specified in Point a of Clause 2 of this Article.

4. The Ministry of Science and Technology is responsible for:

a) Specifying and providing detailed guidance on nuclear control procedures and processes.

b) Annually reporting to the Prime Minister on nuclear control activities at nuclear power plants.

Article 15. Plan for radioactive waste management and spent nuclear fuel

1. The radioactive waste management and spent nuclear fuel plan of the nuclear power plant shall be detailed for each stage and shall include the following contents:

a) Overview;

b) Management and storage plans;

c) Measures for handling radioactive waste;

d) Control program;

đ) Financial assurance mechanism

2. Organizations with nuclear power plants must implement radioactive waste and spent nuclear fuel management according to the approved plan, technical standards, and national environmental standards.

Article 16. Nuclear Power Plant Security Protection

1. Nuclear power plants must apply special protective measures and ensure absolute safety during surveying, designing, construction, and operation.

2. The project investor of the nuclear power plant is responsible for:

a) Ensuring absolute security and safety for people and facilities during surveying, designing, construction, and operation;

b) Establishing protection programs and plans, proposing and implementing protective measures, organizing preventive actions, and combating acts that infringe upon security and safety of the facilities;

c) Organizing security forces for facility components based on protection requirements and characteristics, scale of each component after reaching consensus with the Ministry of Public Security.

3. Organizations with nuclear power plants are responsible for:

a) Strictly organizing protection and closely controlling entry and exit from the nuclear power plant area;

b) Establishing restricted areas and safe zones around the nuclear power plant.

Chapter 3.
CONSTRUCTION OF A NUCLEAR POWER PLANT

PART 1. INVESTMENT PREPARATION STAGE

Article 17. Procedures, processes for preparing, reviewing, and submitting the Preliminary Feasibility Study Report (Investment Report) of the nuclear power plant project

1. The project investor shall prepare the Preliminary Feasibility Study Report of the nuclear power plant project.

2. The Preliminary Feasibility Study Report of the nuclear power plant project shall include the following contents:

a) The necessity of investing in and constructing the nuclear power plant, favorable and unfavorable conditions; resource utilization regime if applicable;

b) Investment scale forecast: number of units, capacity of each unit, construction area; project components;

c) Forecasted location of the nuclear power plant, no-residence zone, limited-residence zone, and land usage needs;

d) Preliminary analysis and selection of technology, technical parameters; supply conditions for materials, equipment, fuel, energy, services, technical infrastructure; human resource training; land clearance, resettlement plans; environmental impact of the project; radiation safety, nuclear safety, emergency response to radiation incidents, nuclear accidents, radioactive waste and spent nuclear fuel management; fire prevention and control; security and defense; preparatory communication work for the project;

đ) Investment form, preliminary total investment estimate, project implementation time, capital mobilization plan according to progress, economic and social benefits of the project, and phased investment;

e) Special recommendations to the National Assembly when considering and deciding on the investment policy for the nuclear power plant;

3. Review, submit to the National Assembly for consideration and decision on the investment policy for building the nuclear power plant:

a) The Prime Minister establishes the State Appraisal Council chaired by the Minister of Planning and Investment to review the Preliminary Feasibility Study Report of the nuclear power plant project;

b) Based on the State Appraisal Council's review results, the Government submits to the National Assembly for consideration and decision on the investment policy.

Article 18. Preparation of the Detailed Feasibility Study Report (Investment Project) of the nuclear power plant project

1. The project investor shall prepare the Detailed Feasibility Study Report of the nuclear power plant project after the National Assembly approves the investment policy for building the nuclear power plant.

2. Contents of the Detailed Feasibility Study Report of the nuclear power plant project:

a) Necessity and investment objectives; evaluation of regional and national electricity demand; social impact on localities and regions; construction form; construction location, no-residence zone, limited-residence zone, and land usage needs; supply conditions for raw materials, fuel, and other inputs;

b) Description of construction scale and area, project components; analysis and selection of technical and technological options and capacity; fuel supply assurance plan; radiation safety, nuclear safety assurance plan; waste management and environmental protection solutions; human resource training plan; connection plan with the national power grid;

c) Implementation solutions including: overall compensation, support, and resettlement plan when the state requisitions land; architectural design options for facilities within the plant; fire prevention and control solutions; security assurance plans as prescribed by law; human resource training and utilization plans; phased implementation schedule, progress, and project management form;

d) Total project investment; financing arrangement capability, sources, and funding capacity according to progress; loan repayment plan and economic-financial and social benefit analysis of the project.

3. Design basis content of the Detailed Feasibility Study Report of the nuclear power plant project:

a) The design basis includes the explanatory section and drawings;

b) The explanatory section includes the following main contents:

- Summary introduction of the construction site, initial design option; overall layout of the project, location, and scale of major components; connection between project components and regional technical infrastructure; list of applied standards and regulations;

- Considered technological options;

- Main structural and technical system designs, key technical infrastructure;

- Estimated waste volume and waste management system;

- Radiation safety, nuclear safety;

- Environmental protection, fire prevention, and control solutions as prescribed by law;

- List of key applied standards and regulations.

c) The drawing section includes:

- Overall layout drawings;

- Process flow diagrams, process chain drawings;

- Construction and architectural design drawings;

- Main structural plan drawings, technical system, and major technical infrastructure of the project, connecting with the technical infrastructure of the area.

Article 19. Environmental Impact Assessment Report

1. The investor of the nuclear power plant construction project shall prepare the Environmental Impact Assessment Report.

2. The Environmental Impact Assessment Report shall be prepared concurrently with the Feasibility Study Report, including the following main contents:

a) Listing and describing the items of the project's works along with their spatial scale, time frame, and volume of construction; operation technology of each work item and the entire project;

b) General assessment of the current environmental conditions regarding radiation and non-radiation at the project site and adjacent areas; sensitivity and carrying capacity of the environment;

c) Assessment of potential environmental impacts, both radiation and non-radiation, that may occur during the implementation of the project on various environmental components and socio-economic factors affected by the project; forecasting risks of environmental accidents caused by the project; assessing environmental impacts due to radiation in case of a nuclear accident;

d) Measures to mitigate adverse effects on the environment; prevention and response to environmental accidents;

đ) Commitment to implement environmental protection measures during the construction and operation of the project;

e) List of works and programs for managing and monitoring environmental issues during the implementation of the project;

g) Budget estimate for constructing environmental protection works included in the total budget estimate of the project;

h) Opinions of the People's Committee of the commune and representatives of the local community where the project is implemented;

i) Guidance on sources of data, methods of evaluation, and data collection;

3. The Ministry of Natural Resources and Environment:

a) Coordinate with the Ministry of Science and Technology to guide the preparation of the Environmental Impact Assessment Report for nuclear power plants;

b) Organize an Appraisal Council or select an organization to provide appraisal services for the environmental impact assessment report of nuclear power plant projects;

c) Approve the environmental impact assessment report after it has been appraised.

Article 20. Comprehensive Report on Site Selection for Nuclear Power Plant

1. The survey of the location for building a nuclear power plant must include the following contents:

1. Surveying faults, earthquake manifestations, and volcanic activities that may affect the safety of the nuclear power plant as follows:

- Surveying geological and tectonic conditions of the area;

- Collecting and compiling seismic data; determining earthquake risk based on the assessment of seismic and tectonic conditions of the area;

- Determining ground shaking risk based on regional tectonic characteristics and specific data of the site.

b) Surveying geotechnical characteristics of the foundation and constructing geotechnical cross-sections of the site to determine the following contents:

- Slope stability, rockslide, riverbank erosion, coastal erosion, and mountain slope instability at the proposed site and its vicinity;

- Ground subsidence and uplift potential at the proposed site based on geological maps and existing materials, noting caves and mines, wells, and drill holes;

- Potential liquefaction of the ground based on specific ground shaking parameters;

- Mechanical and physical properties of the ground and foreign objects within it; stability of the ground under static and dynamic loads;

- Movement and chemical properties of groundwater.

c) Meteorological and hydrological phenomena:

- Surveying and forecasting the impact of natural disasters (wind, rain, typhoons, sandstorms, tsunamis, temperature changes, lightning, tornadoes) on the site;

- Surveying and forecasting meteorological and hydrological phenomena that could cause unique radioactive dispersion or retention characteristics, potentially exceeding permissible limits for human health and the environment at the site and the nuclear power plant construction area.

d) Comprehensive survey of causes of flooding due to dam or levee failure, rainfall, typhoons, tsunamis, earthquakes, or other geological events.

đ) Assessing the impact on the nuclear power plant due to human activities:

- Collecting and surveying information about hazardous materials, flammable, explosive, corrosive, and toxic substances stored, transported, and used, military exercises, fuel pipelines;

- Surveying warehouses, docks, mining sites, and storage areas that could temporarily block water flow causing flooding or ground subsidence;

- Surveying airport locations, aircraft types, flight paths, and frequency;

- Surveying land, river, and sea transportation routes, including vehicle types, frequency, cargo characteristics, ports, docks, and stations; noting busy traffic routes and intersections.

e) Radiation impact on the local community:

- Population distribution, density, and demographic forecast in the area;

- Methods of radioactive material spread and dispersion in air and water based on meteorological parameters (wind direction and speed, atmospheric turbulence, humidity, precipitation, solar radiation), hydrological features (river, stream, surface and groundwater characteristics), topographical features (mountains, valleys), and the influence of large construction projects;

- Background radiation levels and exposure doses for the local community;

- Radiation impact risks to the population as a basis for emergency response plans; noting land use planning, water sources, and food supply at the local level;

- Conditions for establishing evacuation transportation systems, food supply capabilities, and living infrastructure for the population in the evacuation area;

- Conditions and locations for setting up external emergency response centers outside the nuclear power plant;

- Suitability of the site in relation to the economic and social development potential of the region (trade, industry, tourism) and the increased risk posed by the nuclear power plant to the region and vice versa;

g) Water source for cooling and electricity supply for the operation of the plant.

2. The overview report on the selection of the site includes the following contents:

a) Overview of the site selection process;

b) Number of units, technology, and expected capacity to be constructed at the approved site;

c) Compliance with nuclear safety criteria for the selected site.

3. The Ministry of Science and Technology shall stipulate nuclear safety requirements for evaluating and approving the site for nuclear power plants.

Article 21. Procedures, formalities, time limits for reviewing and approving the location for nuclear power plant construction

1. The project investor shall be responsible for preparing the dossier and submitting it to the Prime Minister for examination and approval of the construction site for the nuclear power plant. The dossier includes:

a) A proposal requesting approval of the location;

b) An overview report on the selection of the location as prescribed in Article 20 of this Decree;

c) The basic design of the nuclear power plant as prescribed in Clause 3 of Article 18 of this Decree;

d) An environmental impact assessment report as prescribed in Article 19 of this Decree;

đ) The results of the review of the environmental impact assessment report;

e) A preliminary safety analysis report including the contents prescribed in Clauses 1, 2, 4, 12, and 13 of Article 10 of this Decree;

g) The results of the safety review;

h) An environmental radiation monitoring plan;

i) The resolution of the People's Council at provincial level;

k) Other related documents.

2. Within fifteen working days from the date of receipt of the dossier from the project investor, relevant ministries shall be responsible for checking the validity and completeness of the dossier; requesting additional information and documents as required. The review must be completed within the following timeframes from the date of receipt of a complete and valid dossier:

a) Not exceeding three months for the review of the Environmental Impact Assessment Report;

b) Not exceeding six months for the review of the Safety Analysis Report;

c) Not exceeding three months for the State Review Board's review.

3. The Prime Minister shall approve the location for the construction of the nuclear power plant when the results of the reviews of the contents prescribed in Clause 2 of this Article are available; the validity period of the decision approving the location is twenty years.

Article 22. Procedures, formalities for reviewing and approving the Feasibility Study Report of the nuclear power plant project

1. The project investor shall be responsible for preparing the dossier and submitting it to the Prime Minister for examination and approval of the Feasibility Study Report of the nuclear power plant project. The dossier includes:

a) A proposal requesting permission to invest in construction by the project investor;

b) The Feasibility Study Report of the nuclear power plant project as prescribed in Article 18 of this Decree;

c) The results of the review of the Environmental Impact Assessment Report;

d) A safety analysis report including the contents prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, and 15 of Article 10 of this Decree;

đ) The results of the safety review;

e) The quality assurance procedures as prescribed in Article 13 of this Decree;

g) The decommissioning plan as prescribed in Article 35 of this Decree;

h) The radioactive waste management and spent nuclear fuel disposal plan as prescribed in Article 15 of this Decree.

2. The Prime Minister shall establish the State Review Board chaired by the Minister of Planning and Investment to review the Feasibility Study Report of the nuclear power plant project.

3. Contents of the review of the Feasibility Study Report of the nuclear power plant project:

a) Examining factors ensuring the effectiveness of the project, including: the necessity of investment; project input factors; project scale, capacity, technology, implementation time, and progress; financial analysis, total investment amount, economic and social benefits of the project;

b) Examining factors ensuring the feasibility of the project, including: compliance with planning; land use needs, natural resources; ability to clear land, ability to mobilize capital to meet project progress; investor management experience; ability to repay loans; ensuring radiation safety; fire prevention and firefighting solutions; factors affecting the project such as national defense, security, environment, and other related laws;

c) Examining the basic design including:

- The compatibility of the basic design with detailed construction plans or approved overall layouts; the compatibility of the basic design with the location, construction scale, and planning criteria already approved for construction projects in areas without approved detailed construction plans;

- The compatibility of the connection with the technical infrastructure of the area;

- The rationality of the technological scheme, production line;

- The application of construction, environmental, fire prevention, and firefighting standards;

- The operational capability conditions of the consulting organization, the professional capability of individuals preparing the basic design according to regulations.

d) The review time for the project, calculated from the date of receipt of a complete and valid dossier:

- Not exceeding three months for the review of the Environmental Impact Assessment Report;

- Not exceeding six months for the review of the Safety Analysis Report;

- Not exceeding three months for the State Review Board's review of the Feasibility Study Report.

4. The Prime Minister shall approve the Feasibility Study Report of the nuclear power plant project based on:

a) The report of the State Review Board;

b) The results of the review of the Safety Analysis Report;

c) The results of the review of the Environmental Impact Assessment Report;

d) The opinions of the National Atomic Energy Development and Application Council and the National Nuclear Safety Council.

Article 23. Article 1. Adjustment of Feasibility Study Report

1. The feasibility study report for nuclear power plant projects may be adjusted when uncontrollable factors arise that could jeopardize the safety of the plant; adversely affect security and defense; bring about higher efficiency for the project; due to unusual fluctuations in construction investment costs.

2. When the adjustment of the project alters any of the following elements: location, technology, scale, project objectives, exceeding the approved total investment ceiling, the investor must report to the Prime Minister for decision; in cases where the project adjustment does not change the location, technology, scale, project objectives, and does not exceed the approved total investment ceiling, the investor may make the decision independently.

Section 2. IMPLEMENTATION OF INVESTMENT CONSTRUCTION PROJECTS

Article 24. Design of nuclear power plant construction works

1. Construction design includes the following steps:

a) Basic design as stipulated in Clause 3, Article 18 of this Decree;

b) Technical design is carried out based on the basic design in the approved feasibility study report for construction works, ensuring full technical parameters and suitable materials according to applicable standards and regulations, serving as the basis for subsequent design stages;

c) Construction drawing design ensures full technical parameters, suitable materials, and detailed structures according to applicable standards and regulations, ensuring sufficient conditions for construction implementation;

d) Other design steps in accordance with international practices.

2. Design documents and construction cost estimates:

a) Design documents are prepared for each work including design descriptions, design drawings, survey documents, maintenance procedures, and construction cost estimates;

b) Design documents for nuclear power plant construction works must be stored in accordance with legal provisions on record keeping.

3. The Ministry of Industry and Trade shall specify the contents of the design steps for nuclear power plant construction works; the review and approval process for technical designs, construction drawing designs, and other design steps in accordance with international practices.

Article 25. Construction Permit for Nuclear Power Plant Works

1. The investor constructing nuclear power plant works is responsible for preparing the application dossier for a construction permit to be submitted to the Ministry of Science and Technology. The dossier includes:

a) A request for issuance of a construction permit;

b) Selected nuclear power plant design;

c) Safety analysis report during the construction permit stage as specified in Article 10 of this Decree;

d) An environmental impact assessment report as prescribed in Article 19 of this Decree;

d) Results of the environmental impact assessment report review;

e) The quality assurance procedures as prescribed in Article 13 of this Decree;

g) The decommissioning plan as prescribed in Article 35 of this Decree;

h) The radioactive waste management and spent nuclear fuel disposal plan as prescribed in Article 15 of this Decree.

2. The Ministry of Science and Technology will consider and issue a Construction Permit for nuclear power plant works after obtaining the opinion of the National Nuclear Safety Council.

3. Within 15 days from receiving the dossier from the investor, relevant ministries are responsible for checking the validity and completeness of the dossier and have the right to request additional information and documents according to regulations and complete within the following deadlines:

a) Not exceeding three months for the review of the Environmental Impact Assessment Report;

b) Not more than 15 months for reviewing the safety analysis report and issuing the construction permit.

4. Adjustment of construction permits

When there is a need to adjust the design of the works different from the content of the issued construction permit, the investor must apply for an adjustment of the construction permit before commencing construction works according to the adjustment content.

5. Revocation of construction permits

A construction permit for a nuclear power plant may be revoked in the following cases:

a) When serious violations are discovered in the application dossier;

b) If the investor does not commence construction within five years from the date of permit issuance;

6. The Ministry of Science and Technology shall provide detailed procedures and formalities for issuing, adjusting, and revoking construction permits for nuclear power plants.

Article 26. Responsibilities of the Investor During Construction and Installation

1. Verify the commencement conditions of the works.

2. Verify the suitability of the contractor's construction and installation capabilities with the tender documents and signed contracts.

3. Inspect and supervise the quality of materials and equipment provided by the contractor according to the contract.

4. Inspect and supervise during the construction and installation process, including compliance with regulations on nuclear material control, radiation safety, and nuclear safety by the contractor.

5. Facilitate inspections by radiation safety and nuclear safety agencies during their inspection rounds.

6. Organize and coordinate with local authorities and related agencies to inform and promote the nuclear power project.

7. Request local People's Committees, public security organs, and military units to cooperate in ensuring security at the nuclear power plant construction site.

8. Implement emergency response plans when radiation incidents or nuclear accidents occur at the construction site of the nuclear power plant and related areas outside the site.

9. Fulfill other obligations as prescribed by law.

Article 27. Conditions for capacity of organizations and individuals in constructing nuclear power plants.

1. Organizations and individuals participating in activities to construct nuclear power plants must have sufficient capacity conditions appropriate to the project components and tasks undertaken.

2. Organizations and individuals participating in the following areas must have sufficient capacity conditions:

a) Preparing feasibility study reports for construction projects;

b) Managing investment construction projects;

c) Designing construction projects;

d) Surveying construction projects;

đ) Constructing construction projects;

e) Supervising construction project construction;

g) Conducting specialized construction experiments;

h) Inspecting construction project quality;

i) Certifying adequate safety conditions and certifying compliance with construction project quality standards.

3. The Ministry of Construction shall take the lead and coordinate with the Ministries of Industry and Trade, Science and Technology to establish and promulgate criteria on capacity for organizations and individuals participating in the construction of nuclear power plants as stipulated in Clause 2 of this Article.

Article 28. Quality Management of Nuclear Power Plant Construction

1. The investor must organize supervision of construction project construction; if the investor does not have a consulting organization capable of supervising construction project construction, they must hire a consulting organization capable of construction activities (domestic or foreign) to perform such supervision.

2. Contractors undertaking construction project construction must have a quality management system to implement quality management of construction project construction.

3. Design contractors must carry out author supervision.

4. The Ministry of Construction shall specify the work of managing the quality of construction project construction.

Article 29. Safety Inspection During Construction and Installation by Radiation and Nuclear Safety Authority

1. When conducting inspections, the radiation and nuclear safety authority has the right to request the investor to provide documents and reports on the following contents.

a) The capability and professional qualifications of organizations and individuals responsible for construction and those responsible for construction supervision;

b) The acceptance time of the section to be inspected;

c) The construction and installation procedures and schedule of the section to be inspected;

d) Compliance with safety regulations for construction and installation.

2. Suspension, temporary cessation:

a) The radiation and nuclear safety authority has the right to suspend or temporarily cease construction and installation of nuclear power plant components when discovering non-compliance with design or factors causing radiation safety hazards and nuclear safety, and must bear legal responsibility for their decisions;

b) Continued construction and installation of suspended or temporarily ceased components can only be carried out after the investor submits a report explaining and proposing measures to ensure full compliance with radiation safety regulations and nuclear safety, which must be reviewed and approved by the radiation and nuclear safety authority;

c) The radiation and nuclear safety authority shall examine and respond to the investor within five working days after receiving the explanation report. Suspension, temporary cessation, and resumption of construction must be reported immediately to the Ministry of Science and Technology and the National Nuclear Safety Council.

3. Cease Construction

a) Upon discovering factors that may lead to serious accident situations, the Ministry of Science and Technology will suspend construction and installation of the entire nuclear power plant. The Ministry of Science and Technology will review and respond to the investor within one month after receiving the remediation report;

b) After the investor has remedied and ensured full compliance with radiation safety regulations and nuclear safety, the Ministry of Science and Technology will allow resumption of construction;

c) Suspension and resumption of construction must be reported to the Prime Minister.

Chapter 4.
OPERATING THE NUCLEAR POWER PLANT

Article 30. Issuance of Trial Operation Permit for Nuclear Power Plants

1. The investor is responsible for preparing documents to submit to the Ministry of Industry and Trade for examination and issuance of the Trial Operation Permit. The documents include:

a) A proposal requesting issuance of the Trial Operation Permit;

b) A report analyzing safety before trial operation;

c) Description of operating conditions, technical parameters, and operational limits;

d) Plan and procedure for fuel loading and trial operation;

đ) Report on technical capacity ensuring safe operation of the nuclear power plant;

e) Plan for ensuring quality during operation;

g) Emergency response plan.

2. The Ministry of Industry and Trade shall issue the Trial Operation Permit for nuclear power plants after obtaining opinions from the Ministry of Science and Technology and the National Nuclear Safety Council.

3. The radiation and nuclear safety management agency under the Ministry of Industry and Trade and the radiation and nuclear safety agency under the Ministry of Science and Technology shall inspect and supervise the trial operation of nuclear power plants.

4. The Ministry of Industry and Trade shall guide detailed content of the documents, procedures, and processes for issuing trial operation permits.

Article 31. Issuance of Power Generation Operating Permit for Nuclear Power Plants

1. To operate nuclear power plants officially, organizations owning nuclear power plants are responsible for preparing documents to submit to the Ministry of Industry and Trade for examination and issuance of the Power Generation Operating Permit.

In addition to current regulations, the documents for applying for the Power Generation Operating Permit for nuclear power plants include:

a) A proposal requesting issuance of the Power Generation Operating Permit;

b) A report analyzing safety after trial operation;

c) Operation program and fuel replacement plan;

d) Plan for ensuring quality during operation;

đ) Emergency response plan;

e) Trial operation report;

g) Confirmation from the environmental management agency regarding the implementation of the contents of the environmental impact assessment report and requirements of the decision approving the environmental impact assessment report.

Reports specified in point b and đ of this clause shall be simultaneously submitted to the radiation and nuclear safety agency.

2. The radiation and nuclear safety agency shall be responsible for:

a) Reviewing the reports specified in point b and đ of Clause 1 of this Article;

b) Proposing the issuance of the Power Generation Operating Permit for nuclear power plants to the National Nuclear Safety Council for evaluation of the review results.

3. The Ministry of Industry and Trade shall issue the Power Generation Operating Permit for nuclear power plants after obtaining opinions from the Ministry of Science and Technology and the National Nuclear Safety Council.

4. The Ministry of Industry and Trade shall guide detailed content of the documents, procedures, and processes for issuing the Power Generation Operating Permit for nuclear power plants.

Article 32. Environmental Radiation Monitoring for Nuclear Power Plants

1. Organizations owning nuclear power plants must comply with the following provisions:

a) Establish monitoring stations as prescribed, conduct environmental radiation monitoring at locations where nuclear power plants are situated;

b) Report to the radiation and nuclear safety agency the results of periodic monitoring every six months and immediately report any abnormal monitoring results.

2. The provincial People's Committee where the nuclear power plant is located shall be responsible for organizing and directing the construction of monitoring stations as prescribed and conducting environmental radiation monitoring in the locality.

3. The monitoring stations prescribed in clauses 1 and 2 of this Article shall be connected online to the national environmental radiation monitoring and warning network.

4. The Ministry of Science and Technology shall provide detailed guidance on environmental radiation monitoring for nuclear power plants.

Article 33. Report on the current safety status and regular safety inspections of nuclear power plants

1. Organizations with nuclear power plants must prepare reports on the current safety status of nuclear power plants including annual periodic reports and comprehensive periodic reports every ten years to be submitted to the management agency of the Ministry of Industry and Trade and the radiation and nuclear safety agency of the Ministry of Science and Technology.

2. Organizations with nuclear power plants must prepare ad hoc safety status reports upon request of competent state agencies.

3. Safety status reports shall include the following contents:

a) Compliance with conditions stated in the permit;

b) Changes from the permit application file;

c) Radiation and nuclear incidents (if any) and measures taken to address them.

4. The radiation and nuclear safety agency shall establish an inspection office at the nuclear power plant to regularly inspect the safety status of the nuclear power plant.

5. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Industry and Trade to provide detailed guidance on reporting and inspecting the current safety status of nuclear power plants.

Chapter 5.
TERMINATION OF OPERATIONS AT NUCLEAR POWER PLANTS

Article 34. Termination of operations and dismantling of nuclear power plants

1. Organizations with nuclear power plants shall be responsible for preparing a termination of operations and dismantling dossier to be submitted to the radiation and nuclear safety agency for approval no later than twenty-four months before ceasing operations at the plant. The dossier includes:

a) The dismantling plan as stipulated in Article 35 of this Decree;

b) A safety analysis report on dismantling the nuclear power plant;

c) An environmental impact assessment report;

d) A quality assurance program for dismantling the plant;

đ) The result of the environmental impact assessment report review by the Ministry of Natural Resources and Environment;

e) The safety review result by the radiation and nuclear safety agency.

2. The safety analysis report on dismantling the nuclear power plant shall include:

a) Reasons for terminating operations;

b) The dismantling plan and decontamination plan;

c) The plan for handling radioactive sources and radioactive waste.

3. The Ministry of Science and Technology shall prescribe the procedures and formalities for reviewing and approving the dossier for termination of operations and dismantling of nuclear power plants.

Article 35. Dismantling Plan for Nuclear Power Plants

The dismantling plan shall have an appropriate level of detail for each stage and shall include the following contents:

1. Overall dismantling of the nuclear power plant.

2. Basic principles for dismantling the nuclear power plant.

3. Safety requirements during the dismantling process.

4. Dismantling methods and dismantling schedule.

5. Methods for removing radioactive materials and decontamination.

6. Methods for handling and disposing of radioactive waste.

7. Measures necessary to prevent radiation accidents.

8. Environmental impact assessment and mitigation measures.

9. Quality assurance program.

10. Dismantling costs and financial arrangements for the dismantling plan of the nuclear power plant.

Article 36. Responsibilities of organizations with nuclear power plants in terminating operations and dismantling

1. Update and supplement the dismantling plan for the nuclear power plant established in previous stages.

2. Establish a quality assurance program during the dismantling process.

3. Prepare safety evaluation reports and environmental impact assessment reports required for the dismantling plan.

4. Notify the radiation and nuclear safety agency before permanently stopping operations at the plant.

5. Manage and carry out dismantling activities.

6. Establish and comply with regulations on safety, security, and environmental protection during dismantling.

7. Ensure human resources for the dismantling process.

8. Develop plans and be prepared to respond to incidents during the dismantling process.

9. Conduct final surveys to ensure compliance with the final criteria specified in the dismantling plan.

10. Ensure adequate financial arrangements for all stages of the dismantling process.

11. Retain and submit the dossier when requested by the radiation and nuclear safety agency.

Article 37. Inspection and supervision of the dismantling process of nuclear power plants

1. The radiation and nuclear safety agency shall take the lead and coordinate with environmental management agencies and relevant agencies to inspect and supervise the dismantling, decontamination, disposal of nuclear fuel, nuclear equipment, radioactive waste, and has the right to require organizations with nuclear power plants to temporarily stop or suspend dismantling activities if factors causing loss of radiation and nuclear safety or serious environmental impacts are discovered.

2. The radiation and nuclear safety agency shall allow continued dismantling after the organization with the nuclear power plant submits a response report and proposes measures to ensure full compliance with radiation and nuclear safety regulations or environmental protection.

3. The radiation and nuclear safety agency shall review and respond to the organization with the nuclear power plant within ten working days after receiving the complete response report. Any temporary suspension and resumption of dismantling must be reported immediately to the Ministry of Science and Technology and the National Nuclear Safety Council.

Article 38. Recognition of the termination of operations at nuclear power plants

1. Organizations with nuclear power plants must prepare a completion report on the dismantling process to be submitted to the radiation and nuclear safety agency.

2. The radiation and nuclear safety agency shall inspect the final status of the dismantled plant and issue a decision recognizing the termination of operations at the nuclear power plant and the end of responsibility for ensuring safety.

Article 39. Costs for terminating operations at nuclear power plants

1. Organizations with nuclear power plants must bear all costs for dismantling and storage and disposal of radioactive waste generated from the dismantling process.

2. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Finance to develop and submit to the Prime Minister for approval the financial obligations of organizations with nuclear power plants to ensure dismantling of the plant and the management method of financial resources for the termination of operations at the plant.

Chapter 6.
RESPONSE TO INCIDENTS AT NUCLEAR POWER PLANTS

Article 40. Responsibilities of state agencies in emergency response to incidents at nuclear power plants

1. The Prime Minister directs the implementation of appropriate measures to respond to nuclear power plant accidents by mobilizing all forces to protect national assets, property, and the lives of citizens.

2. The Ministry of Science and Technology shall take the lead and coordinate with the Ministries of Industry and Trade, Health, National Defense, Public Security, and the People's Committees of provinces where nuclear power plants are located to develop a national-level accident response plan for submission to the Prime Minister for approval.

3. The National Committee for Search and Rescue shall take the lead and coordinate with ministries, sectors, and localities to prepare personnel and equipment ready to participate in accident responses; it shall recommend to the Prime Minister for consideration and decision on participation and cooperation activities at the regional and international levels regarding nuclear accident responses when issues exceed their authority.

4. The People's Committee of the province where the nuclear power plant is located shall establish a provincial-level accident response plan.

5. Agencies assigned tasks in the accident response plan shall be subject to the direction of the National Committee for Search and Rescue and the People's Committees of related provinces in preparation and implementation of the accident response plan.

6. The Ministry of Science and Technology shall guide the content and approve provincial and grassroots-level accident response plans.

Article 41. Responsibilities of organizations with nuclear power plants

Organizations with nuclear power plants shall be responsible for:

1. Establishing a grassroots-level accident response system.

2. Ensuring that equipment is ready to respond to nuclear accidents according to the approved accident response plan.

3. Providing timely and truthful information about the situation of occurring accidents as prescribed.

4. Participating in provincial and national-level accident responses.

5. Cooperating with relevant agencies to assess damage levels and compensation and remediation measures according to regulations.

Article 42. Nuclear accident response drills

1. Organizations with nuclear power plants shall organize nuclear accident response drills according to the approved grassroots-level accident response plan on an annual basis and report to the directly managing superior agency.

2. Organizations with nuclear power plants shall be responsible for sending staff to participate in training programs on nuclear accident responses organized by the Ministry of Science and Technology.

Article 43. Operating Budget

1. Organizations with nuclear power plants shall ensure funding for the establishment, drills, and implementation of grassroots-level accident response plans; radiation monitoring and environmental radioactivity surveillance activities of nuclear power plants.

2. Funding for implementing national and provincial-level accident response plans shall come from the state budget.

Chapter 7.
IMPLEMENTING PROVISIONS

Article 44. Effectiveness

This Decree takes effect from August 10, 2010.

Article 45. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and municipal People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree.