| THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM ----- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 18/2008/QH12 | Hanoi, June 03, 2008 |
LAW
ON ATOMIC ENERGY
(No. 18/2008/QH12)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was amended and supplemented under Resolution No. 51/2001/ QH10;
The National Assembly promulgates the Law on Atomic Energy.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Law provides for activities in the domain of atomic energy and the assurance of safety and security in these activities.
Article 2.- Subjects of application
This Law applies to domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations that conduct activities in the domain of atomic energy in Vietnam.
Article 3.- Interpretation of terms
In this Law, the terms and phrases below are construed as follows:
1. Atomic energy means energy released from the transformation of atomic nuclei, including fission energy, fusion energy and energy released from radioactive decay. It is a kind of energy of ionizing electromagnetic waves or accelerated panicles.
2. Atomic energy activities means activities of
scientific research and technological development in the domain of atomic energy; building, operation, maintenance, exploitation, management and dismantlement of nuclear facilities and radiation facilities; exploration, exploitation, processing and use of radioactive ores; production, storage, use, transportation, transfer, export and import of radioactive sources, radiation equipment, nuclear fuel, nuclear source material, nuclear material and equipment; disposal and storage of radioactive waste and atomic energy application services.
3. Radiation means a beam of particles or ionizing electromagnetic waves.
4. Radiation source means a radioactive source or radiation equipment.
5. Radioactive source means a radioactive substance produced for use, not including nuclear material.
6. Radiation equipment means an equipment that radiates or capable of radiating.
7. Radioactivity means a quantity denoting the number of disintegrated nuclei per unit of time.
8. Radioactive substance means a substance that radiates as a result of nuclear decay or transition of nuclear energy level, and has a specific radioactivity or a total activity exceeding the exemption level.
9. Radioactive pharmaceutical means a pharmaceutical containing a radioactive substance and used for disease diagnosis and treatment.
Radioactive isotope (radioisotope) means a variant of a chemical element that can radioactively disintegrate.
11. Radioactive waste means a refuse containing a radioactive substance or a radioactively contaminated object which must be disposed of.
12. Irradiation means the effect of radiation on human beings, the environment, animals, plants or other material objects.
13. Irradiation dose means a quantity measuring the level of irradiation.
14. Radiation inspection means the measurement of irradiation doses or levels of radioactive contamination for the purpose of assessing and controlling the level of irradiation caused by radiation or radioactive substances.
15. Nuclear source material means any of the following materials: uranium or thorium in the form of ore or mine tailings; uranium containing the isotope 235 less than natural uranium; ores containing by weight 0.05% or more of thorium or uranium; other uranium or thorium compounds of a concentration not up to the level for being treated as nuclear material.
16. Nuclear material means a fissionable material, including plutonium with isotopic concentration not exceeding 80% in plutonium 238, uranium 233. uranium enriched in the isotope 235 or 253, or uranium with an isotopic composition as occurring in nature other than in the form of ore or mine tailings.
17. Nuclear fuel means a nuclear material produced for use as a fuel for nuclear reactors.
18. Nuclear equipment means a nuclear reactor or an equipment for enriching uranium, producing nuclear fuel or disposing of spent nuclear fuel.
19. Nuclear fuel cycle means a series of operations associated with the generation of nuclear energy, from mining and processing of uranium or thorium ores; enrichment of uranium: production of nuclear fuel: use of fuel in nuclear reactors: reprocessing of spent nuclear fuel, to disposal and storage of radioactive waste discharged from the generation of nuclear energy, and related research and development activities.
20. Radiation safety means the application of measures against radiation hazards, prevention of incidents or mitigation of irradiation consequences for human beings and the environment.
21. Nuclear safety means the application of measures to prevent incidents or mitigate consequences of incidents caused by nuclear equipment or material to human beings and the environment.
22. Security of radioactive source, nuclear material and equipment means the application of measures to detect, prevent and respond to acts of misappropriating, sabotaging, illegally transferring or using radioactive source, nuclear material or equipment, and the risk of loss of radioactive source, nuclear material or equipment.
23. Level for exemption from declaration or licensing means a level of radioactivity or capacity of radiation equipment at or below which radioactive substances or radiation equipment are considered harmless to human beings and the environment.
Article 4.- Application of international laws and treaties
1. Atomic energy activities and assurance of radiation safety and nuclear safety (below collectively referred to as safety) and security of radioactive source, nuclear material and equipment (below collectively referred to as security) in these activities comply with the provisions of this Law and other relevant provisions of law.
2. In case the provisions of this Law are different from those of another law on the same content related to atomic energy activities and assurance of safety and security in these activities, the provisions of this Law prevail.
3. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, that treaty prevails.
Article 5.- The State's policies on the domain of atomic energy
1. To invest and encourage domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest in atomic energy activities for socio-economic development
2. To concentrate investment in developing nuclear power, building physical and technical foundations, training human resources, conducting scientific research and technological development for developing nuclear power.
3. To attach importance to investment in building physical and technical foundations and training human resources to ensure safety and security of atomic energy activities.
4. To prioritize investment in building technical infrastructure, developing culture and education and ensuring social welfare in areas where nuclear power plants are located.
5. To create conditions for organizations and individuals to invest in developing nuclear power.
Article 6.- Principles for atomic energy activities and assurance of safety and security in these activities
1. Atomic energy activities are conducted for peaceful purposes and serving socio-economic development.
2. Atomic energy activities must ensure safety for human health and life and the environment, and social order and safety.
3. Management of safety and security in atomic energy activities must be objective and scientific.
Article 7.- State management responsibilities in the domain of atomic energy
1. The Government shall perform the unified state management of atomic energy.
2. The Science and Technology Ministry shall take responsibility before the Government for performing the state management of atomic energy.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of atomic energy according to the Government's assignment.
4. People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees) shall perform the state management of atomic energy according to the Government's decentralization.
Article 8.- Tasks and powers of the radiation and nuclear safety agency
The radiation and nuclear safety agency under the Science and Technology Ministry shall assist the Minister in performing the following tasks and exercising the following powers:
1. Elaborating draft legal documents on radiation and nuclear safety;
2. Organizing the declaration of radioactive substances, radiation equipment nuclear material, nuclear equipment, and the grant of licenses to perform radiation jobs according to its competence;
3. Assessing and organizing the assessment of radiation and nuclear safety;
4. Inspecting, examining, and handling violations of regulations on radiation and nuclear safety; ordering cessation of radiation jobs according toits competence; proposing competent state agencies to suspend the operation of research nuclear reactors or nuclear power plants upon detecting signs of unsafety;
5. Organizing nuclear control activities under law;
6. Participating in dealing with radiation or nuclear incidents according to its competence;
7. Building and updating a national system of information on radiation and nuclear safety;
8. Organizing and coordinating with other agencies in organizing professional training, retraining or guidance on radiation and nuclear safety;
9. Organizing activities of international cooperation in radiation and nuclear safety.
Article 9.- The National Council for Atomic Energy Development and Application and the National Council for Nuclear Safety
1. The National Council for Atomic Energy Development and Application is a body functioning to advise the Prime Minister on strategies and policies on atomic energy development and application: plannings and plans on atomic energy research, development and use.
2. The National Council for Nuclear Safety is a body functioning to advise the Prime Minister on policies and measures to assure nuclear safety in the use of atomic energy, in the course of operation of nuclear power plants as well as measures to remedy particularly serious nuclear incidents; to examine and evaluate safety reports of nuclear power plants and results of assessment by the radiation and nuclear safety agency.
3. The Prime Minister shall specify the organization and operation of the National Council for Atomic Energy Development and Application and the National Council for Nuclear Safety.
Article 10.- Nuclear control
1. The control of the use of nuclear material, the control of material and equipment used in the nuclear fuel cycle, and the control of related activities in order to prevent the proliferation of nuclear weapons, illegal transportation and use of nuclear material comply with law.
The Prime Minister shall specify nuclear control activities.
2. Organizations and individuals that control nuclear facilities, nuclear material, materials and equipment used in the nuclear fuel cycle, or carry out related activities shall abide by requests of competent state management agencies conducting nuclear control activities.
Article 11.- International cooperation in the domain of atomic energy
1. The State undertakes international cooperation in the domain of atomic energy on the principles of respect for independence and sovereignty of other nations, equality and mutual benefit.
2. The State creates conditions for domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to enter into cooperation in the domain of atomic energy for socio-economic development.
Article 12.- Prohibited acts
1. Taking advantage of or abusing atomic energy activities to infringe upon independence, sovereignty or territorial integrity, interfere in internal affairs or threaten national security and interests; infringe upon lawful rights and interests of organizations and individuals, or harm human health or life or the environment.
2. Researching, developing, manufacturing, trading in. transporting, transferring, storing, using, or threatening to use nuclear or radiation weapons.
3. Performing radiation jobs without licenses issued by competent state management agencies under law.
4. Importing radioactive waste.
5. Carrying radioactive waste or nuclear material by post.
6. Transporting radioactive substances or waste, nuclear source material or nuclear material (below collectively referred to as radioactive material) by vehicles or crafts neither designed nor furnished with equipment to assure safety or security.
7. Manufacturing, trading in. importing or exporting food, drinks, cosmetics, toys, jewelry or other consumer products and goods which have a radioactivity exceeding the level specified in relevant national technical regulations.
8. Violating regulations on safety and security assurance and conditions specified in licenses.
9. Illegally obstructing atomic energy activities.
10. Abetting in any form illegal atomic energy activities.
11. Encroaching works, equipment or means used for assuring atomic energy safety and security.
12. Appropriating, sabotaging or illegally transferring or using radioactive sources, nuclear source material, nuclear material and equipment.
13. Covering up information on radiation or nuclear incidents; supplying groundless or untruthful information on incidents, thus harming the Stale's interests or citizens' lawful rights and interests.
14. Using for improper purposes or disclosing confidential information relating to atomic energy.
Chapter II
MEASURES TO PROMOTE ATOMIC ENERGY DEVELOPMENT AND APPLICATION
Article 13.- Planning on atomic energy development and application
1. Planning on atomic energy development and application covers a master plan and detailed plans on specific fields.
2. Master plan is a plan setting forth basic and long-term orientations and general objectives of the development and application of atomic energy for peaceful purposes.
A master plan shall be elaborated in line with the socio-economic development strategy and the strategy on application of atomic energy for peaceful purposes. It contains the viewpoint on atomic energy development and application; overall objectives and general targets for atomic energy development and application; and implementation measures.
3. Detailed plans on specific fields are those setting forth long-term orientations and specific objectives of atomic energy development and application to health care; meteorology, hydrology, geology, mineral, environmental protection, agriculture, industry and other econo-technical sectors; development of nuclear power; exploration, exploitation, processing and use of radioactive ores and planning on radioactive waste burial and storage sites.
Detailed plans are elaborated in line with the master plan on atomic energy development and application and development plannings of related branches. A detailed plan for a specific field contains development viewpoints, objectives, targets, implementation measures and evaluated strategic environmental assessments.
Article 14.- Responsibilities to elaborate and approve the planning on atomic energy development and application
1. Responsibilities to elaborate the planning on atomic energy development and application are specified as follows:
a/ The Science and Technology Ministry shall assume the prime responsibility for elaborating a master plan on atomic energy development and application;
b/ The Health Ministry shall assume the prime responsibility for elaborating a detailed plan on radiation development and application to health care;
c/ The Natural Resources and Environment Ministry shall assume the prime responsibility for elaborating a detailed plan on radiation development and application to meteorology, hydrology, geology, mineral and environmental protection;
d/ The Agriculture and Rural Development Ministry shall assume the prime responsibility for elaborating a detailed plan on radiation development and application to agriculture;
e/ The Industry and Trade Ministry shall assume the prime responsibility for elaborating a detailed plan on radiation development and application to industry and other econo-technical branches; nuclear power development; exploration, exploitation, processing and use of radioactive ores;
f/ The Construction Ministry shall assume the prime responsibility for elaborating a planning on radioactive waste burial and storage sites.
2. The Prime Minister shall approve the master plan and detailed plans on atomic energy development and application.
3. Planning agencies specified in Clause 1 of . this Article shall organize, guide, oversee and inspect the implementation of approved plans.
Article 15.- Adjustment of the planning on atomic energy development and application
The planning on atomic energy development and application will be adjusted when the bases for its elaboration specified in Article 13 of this Law change and the adjusted planning must be approved by the Prime Minister.
Article 16.- Development of human resources
1. The State formulates programs on training and building of human resources, especially high-level experts, to meet the requirements of research, development, application and assurance of safety and security in the domain of atomic energy.
2. The State adopts policies on preferential treatment and attraction of high-level experts at home and abroad to work in the domain of atomic energy.
3. The State encourages domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to participate in implementing programs on training and building of human resources specified in Clause 1 of this Article.
Article 17.- Atomic energy research, development and application
1. The State formulates scientific research and technological development programs to meet the requirements of atomic energy research development and application to socio-economic domains.
2. The State encourages domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to participate in implementing scientific research and technological development programs specified in Clause 1 of this Article.
Chapter III
RADIATION SAFETY, NUCLEAR SAFETY, AND SECURITY OF RADIOACTIVE SOURCES, NUCLEAR MATERIAL AND EQUIPMENT
Article 18.- Radiation jobs
Radiation jobs include the following activities:
1. Operating research nuclear reactors and nuclear power plants:
2. Operating irradiation equipment, including accelerators: radiotherapeutic equipment; irradiation equipment for sterilization, treatment of materials and use of other radiation equipment;
3. Producing and processing radioactive substances;
4. Storing and using radioactive substances;
5. Exploring, exploiting and processing radioactive ores;
6. Enriching uranium; producing nuclear fuel;
7. Disposing of, storing and burying radioactive waste and used radioactive sources and spent nuclear fuel;
8. Building, changing the operation scale and scope or terminating operation of radiation facilities and nuclear facilities;
9. Using nuclear material outside the nuclear fuel cycle;
10. Importing or exporting radioactive substances, nuclear source material, nuclear material and equipment;
11. Packing and transporting radioactive material;
12. Transporting radioactive material in transit via the Vietnamese territory;
13. Operating seagoing ships and other vehicles that are nuclear-powered;
14. Carrying out other activities which generate radioactive waste.
Article 19.- Reports on radiation job safety assessment
1. When applying for licenses to perform radiation jobs, organizations and individuals shall make reports on safety assessment of radiation jobs other than those specified in Clauses 1 and 8, Article 18 of this Law.
2. A report on radiation job safety assessment must be appropriate to each radiation job and has the following principal contents:
a/ Procedures for performing the radiation job, covering steps of preparation for. commencement and completion of the job;
b/ Regulations on measurement of individual irradiation doses and inspection of radiation at working places;
c/ Regulations on recording of a diary on radiation job performance;
d/ Rules on radiation job performance;
e/ Anticipated potential incidents and response measures;
f/ Responsibilities of individuals performing radiation jobs;
g/ Responsibilities to supervise safety and conduct general administration.
Article 20.- Reports on the actual state of safety of radiation job performance
1. On an annual basis or at the request of the radiation and nuclear safety agency, organizations and individuals performing radiation jobs shall make and send reports on the actual state of safety of radiation job performance to the radiation and nuclear safety agency.
2. A report on the actual state of safety of radiation job performance contains the following:
a/ Satisfaction of conditions specified in the license:
b/ Changes compared with the dossier of application for the license (if any);
c/ Radiation incident(s) (if any) and response measures taken.
