Guidance on identifying violations of declaration in the field of atomic energy in Vietnam

Guidance on identifying violations of declaration in the field of atomic energy in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On September 20, 2023, the Ministry of Science and Technology of Vietnam issued Circular 19/2023/TT-BKHCN guiding a number of articles of Decree 107/2013/ND-CP regulating penalties for administrative violations in the field of atomic energy sector, amended and supplemented with a number of articles in Decree 126/2021/ND-CP.

Guidance on identifying violations of declaration in the field of atomic energy in Vietnam

Specifically, violations of declaration in the field of atomic energy according to Decree 107/2013/ND-CP are determined as follows:

(1) Act of " Failing to make additional statements with competent state agencies about the changed information in comparison with the application for licensing radiological works in terms of names of the applicant and the safety workers, address of the facilities, and the condition of radiological equipment within 10 working days from the day on which the change is made;" (specified in point b clause 1 Article 5 of the Decree No. 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) Act of "Failing to make statements on use of radioactive sources, radiation equipment with competent state agencies where carrying out radiation activities of facilities with the movable radiation activities;" (specified in point b clause 2 Article 5 of the Decree No. 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) Act of "Failing to make statements on the radioactive waste produced by production, pilot production, processing, exploration and exploitation of ores, minerals;" (specified in point b clause 3 Article 5 of the Decree No. 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.

(Article 3 of Circular 19/2023/TT-BKHCN)

The State's policies on the domain of atomic energy in Vietnam

The State's policies on the domain of atomic energy include:

- 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

- 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.

- To attach importance to investment in building physical and technical foundations and training human resources to ensure safety and security of atomic energy activities.

- To prioritize investment in building technical infrastructure, developing culture and education and ensuring social welfare in areas where nuclear power plants are located.

- To create conditions for organizations and individuals to invest in developing nuclear power.

(Article 5 of the Law on Atomic Energy 2008)

Circular 19/2023/TT-BKHCN takes effect on November 5, 2023.

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