What are the contents of Circular 19/2023/TT-BKHCN on guiding a number of articles on penalties for administrative violations in the field of atomic energy in Vietnam?
Is there a Circular guiding a number of articles on penalties for administrative violations in the field of atomic energy in Vietnam?
On September 20, 2023, the Minister of Science and Technology issued Circular 19/2023/TT-BKHCN guiding a number of articles of on providing guidance on some Articles of the Government’s Decree 107/2013/ND-CP on penalties for administrative violations in the field of atomic energy amended by the Government’s Decree 126/2021/ND-CP
Accordingly, Circular 19/2023/TT-BKHCN will guide a number of articles of:
- Decree 107/2013/ND-CP providing on sanctioning of administrative violations in atomic energy;
- Decree 126/2021/ND-CP on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy
Regulated entities applying Circular 19/2023/TT-BKHCN include:
- Organizations and individuals specified in clause 2 Article 4 of the Decree 126/2021/ND-CP committing administrative violations in the field of atomic energy.
- Persons having the power to impose penalties for administrative violations in the field of atomic energy specified in Article 43 of the Decree 107/2013/ND-CP amended by clause 22 Article 4 of the Decree 126/2021/ND-CP; Article 44 of the Decree 107/2013/ND-CP amended by clause 23 Article 4 of the Decree 126/2021/ND-CP; Article 45 of the Decree 107/2013/ND-CP amended by clause 24 Article 4 of the Decree 126/2021/ND-CP; clause 25, clause 26 and clause 27 Article 4 of the Decree 126/2021/ND-CP.
- Other agencies, organizations and individuals related to imposition of administrative violations specified in Circular 19/2023/TT-BKHCN.
What are the contents of Circular 19/2023/TT-BKHCN on guiding a number of articles on penalties for administrative violations in the field of atomic energy in Vietnam? (Image from the Internet)
What are the regulations on declaration-related violations in the field of atomic energy in Vietnam?
In Article 3 of Circular 19/2023/TT-BKHCN, there are regulations on declaration-related violations in the field of atomic energy as follows:
(1) The violation specified in point b clause 1 Article 5 of the Decree 107/2013/ND-CP means the violation committed by any organization or individual that performs radiation-related activities but fails to declare in writing to a competent authority as one of the following information is changed:
- Name or address written on the license;
- Person in charge of safety matters prescribed in clause 2 Article 27 of the Law on Atomic Energy;
- Status of radiation equipment when using, storing, repairing or replacing any part which potentially affects its safety and security features.
(2) The violation specified in point b clause 2 Article 5 of the Decree 107/2013/ND-CP means one of the following violations committed by any organization or individual during their use of radiation sources and portable radiation equipment:
- Failure to make a written declaration to the Department of Science and Technology of the province where radiation-related activities are carried out at least 24 hours before transporting the radiation source or portable radiation equipment to and from the province;
- Insufficiently declaring one of the following information: quantity, code, serial number, technical specifications (radioactivity or capacity) of the radioactive source or radiation equipment; time and location of radiation-related activity.
(3) The violation specified in point b clause 3 Article 5 of the Decree 107/2013/ND-CP means the violation committed by any organization or individual that carries out the following activities: production, trial production, processing, exploration, mining of ores and minerals with secondary products, by-products or naturally occurring radioactive material waste but fails to declare such to the Vietnam Agency for Radiation and Nuclear Safety and the Department of Science and Technology of the province where the organization or individual performs their radiation-related activities within 07 working days from the date of carrying out the activities specified in Section 4 of National Technical Regulation QCVN 23:2023/BKHCN on naturally occurring radioactive material waste promulgated together with the Circular No. 08/2023/TT-BKHCN dated May 25, 2023 of the Minister of Science and Technology.
When does Circular 19/2023/TT-BKHCN take effect?
In Article 14 of Circular 19/2023/TT-BKHCN, there are regulations on enforcement as follows:
Effect
1. This Circular comes into force from November 05, 2023.
2. The Circular No. 27/2014/TT-BKHCN dated October 10, 2014 of the Minister of Science and Technology elaborating certain Articles of the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on penalties for administrative violations in the field of atomic energy shall cease to have effect from the effective date of this Circular.
3. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.
Thus, Circular 19/2023/TT-BKHCN takes effect from November 5, 2023.
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