Decree No. 107/2013/ND-CP dated September 20, 2013 of the Government regulating sanction of administrative violations in atomic energy

 THE GOVERNMENT

Decree No. 107/2013/ND-CP dated September 20, 2013 of the Government regulating sanction of administrative violations in atomic energy

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

Pursuant to the Law on sanctioning of administrative violations dated June 20, 2012;

Pursuant to the Law on Atomic Energy dated June 03, 2008;

At the proposal of Minister of science and technology;

The Government promulgates the Decree regulating sanction of administrative violations in atomic energy;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the administrative violations, the sanctioning form and rate, remedial measures, the authority of sanctioning administrative violations in atomic energy, including administrative violations in science study and technology development operation in atomic energy; construction, operation, maintenance, exploitation, management and dismantlement of nuclear facilities, radiation facilities; exploration, exploitation, processing, and use of radioactive ores; production, storage, use, transport, transfer, export, import of radioactive sources, radiation equipment, nuclear fuel, source nuclear material, nuclear material and nuclear equipment; processing and storage of radioactive waste and support services applying atomic energy.

2. For administrative violations related to atomic energy not prescribed in this Decree, if they are specified in other Decrees on sanctioning of administrative violations, such Decrees shall be applied for sanction.

Article 2. Interpretation of terms

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

1. Inspection over medical X-ray equipment means examination on quality of X-ray equipment used in medical diagnosis, determination and certifying on the working regime of equipment implemented by organizations permitted examining by competent state agencies.

2. Calibration means error correction of radiation equipment, radiation measurement equipment with standard measurement equipment or standard radiation source to ensure the accuracy of equipment.

3. Change of operational scale and scope of radiation facility means change of position of radiation source installed permanently, change of operation limitation in comparison with provision in license, change of technical parameters of radiation equipment influenced to safety or change of structure of system for radiation safety assurance.

4. Radiation measurement equipment are devices, instruments used for measuring radioactive doses, radioactivity, and identifying radioactive isotopes.

5. Radioactive waste generated from production, pilot production, processing, and exploitation of ores, minerals being secondary products or waste containing natural radioactive kernels able to cause the effective dose for the public exceeding 1 mSv per annum.

6. Radioactive decontamination is the elimination or reduction of radioactive contamination to an acceptable level through physical, chemical, or biological processes.

Article 3. Remedial measures

Apart from forms of the primary sanction, additional sanction, organizations and individuals that commit violations may also be applied one or some of remedial measures below:

1. Forcible implementation of measures for ensuring radiation safety and nuclear safety;

2. Forcible search, retrieval of radioactive substances, the items contaminated radioactivity, radioactive materials, radioactive sources, source nuclear material, and nuclear equipment;

3. Forcible decontamination of contaminated areas to meet National Technical Regulation on environment;

4. Forcible re-export of radioactive substances, radioactive sources, radioactive waste, consumables which have been irradiated or contain radioactive substances, source nuclear materials, nuclear materials, nuclear equipment;

5. Forcibly not arranging radiological workers with results of personal exposure which are high abnormally to continue do the radiological job;

6. Forcible implementation of measures to limit maximally the adverse impacts to environment;

7. Forcible environmental recovery;

8. Forcible dismantlement of construction works, parts of construction works without license, not proper with license, or not proper with the approved design;

9. Forcible access of data on personal occupational exposure into the national database on occupational exposure;

10. Forcible withdrawal of the provided service results;

11. Forcible withdrawal of the granted safety examination certificate.