Some basic contents of the Law on Atomic Energy of Vietnam

Vietnam’s current law on atomic energy

In recent years, activities in the field of atomic energy still lack mechanisms and policies. Although there have been some provisions on this field in a number of documents (Law on Environmental Protection, Civil Code, Law on Minerals), up to now, the only legal document with specialized nature has only at the legal level, the Ordinance on Radiation Safety and Control 1996 (Ordinance 1996) of the National Assembly Standing Committee is the only specialized document in this field, which only regulated a small aspect in the field of atomic energy application.

After more than ten years of implementation, the legal system in this field has revealed many shortcomings. First of all, it can be noticed that the current regulations on atomic energy in general, safety and control of nuclear radiation in particular are sketchy, scattered, inconsistent, and have low enforcement.

Current legal documents do not have specific provisions governing investment, construction, operation, maintenance and safety assurance of nuclear power plants; there are no regulations on nuclear safety, control to combat the proliferation of nuclear weapons, security of radioactive sources, nuclear materials and nuclear facilities, especially matters of incident response and compensation for nuclear damage; the treatment and management of used radioactive sources, radioactive wastes, and control of irradiation have not been clearly defined. In addition, the current declaration, registration and licensing procedures are still complicated and have not created maximum conditions for enterprises to use radioactive sources.

Although we already had a strategic roadmap and master plan to apply atomic energy for peaceful purposes until 2020, however, in order to achieve the stated objectives of the strategy, to be able to safely build and operate Vietnam's first nuclear power plant in the next decade, to turn the atomic energy industry into a spearhead economic-technical industry effectively serving the cause of national development, the formulation and promulgation of the Law on Atomic Energy as a unified specialized law that comprehensively regulates related issues in the field of atomic energy is very necessary and urgent.

Some notable contents of the Law on Atomic Energy of Vietnam

The Law on Atomic Energy of Vietnam consists of 11 chapters and 93 articles. In general, the Atomic Energy Law is comprehensive with full provisions on related contents. However, in order to see the superiority of the law, it is necessary to delve into each specific regulation, especially those that are more innovative and advanced than the current ones.

Firstly, to establish the National Council for Atomic Energy Development and Application and the National Council for Nuclear Safety. Regulations on these 02 National Councils are very new points of the Law on Atomic Energy of Vietnam, which were formulated on the basis of learning from the experience of countries with nuclear power plants and to meet the practical requirements of Vietnam. 

Secondly, regulation on the radiation and nuclear safety agency is also an important content of the Law on Atomic Energy in comparison with other Vietnam’s laws. According to Vietnam's legislative practice, almost all agencies under the ministry are not specified in the law. However, considering the specific aspect of the atomic energy industry, it is necessary to ensure high radiation and nuclear safety and security and it is necessary to assign responsibility for managing such content to a specific agency, so the regulation on the radiation and nuclear safety agency has been included in the Law on Atomic Energy of Vietnam.

According to Article 8 of the Law on Atomic Energy of Vietnam, 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: elaborating draft legal documents on radiation and nuclear safety; organizing the declaration of radioactive substances, radiation equipment nuclear material, nuclear equipment, and the grant of licenses to perform radiation jobs; assessing and organizing the assessment of radiation and nuclear safety; inspecting, examining, and handling violations of regulations on radiation and nuclear safety; organizing nuclear control activities under law; participating in dealing with radiation or nuclear incidents; building and updating a national system of information on radiation and nuclear safety; organizing and coordinating with other agencies in organizing professional training, retraining or guidance on radiation and nuclear safety; organizing activities of international cooperation in radiation and nuclear safety.

Thirdly, regulations on disposal and storage of radioactive waste, used radioactive sources and spent nuclear fuel. Ordinance 1996 and Decree No. 50/1998/NÐ-CP of Vietnam’s Government detailing the implementation of the Ordinance on Radiation Safety and Control also stipulated the disposal and storage of radioactive waste. What is remarkable and makes a difference in the law is the provision in Clause 7 Article 25: "The State invests in building a national radioactive waste repository.".

Fourthly, nuclear facilities, regulations on nuclear facilities and activities related to nuclear materials are new points of the Law on Atomic Energy of Vietnam, which overcome the gaps of the current system of legal documents on atomic energy. According to the Law on Atomic Energy of Vietnam, nuclear facilities include: research nuclear reactors; nuclear power plants; facilities that enrich uranium or produce nuclear fuel; facilities that store, dispose of or bury spent nuclear fuel. Regarding nuclear power plants, two very notable contents are regulations on collecting people's opinions when asking the Prime Minister for approval of nuclear power plant locations and regulations on mass communication.

According to Clause 2 Article 47 of the Law on Atomic Energy of Vietnam, a dossier on the location of a nuclear power plant to be submitted to the Prime Minister for approval comprises the “Resolution of the provincial-level People's Council of the locality in which the nuclear power plant is planned to be located, stating local people's opinions on measures to assure safety and security, policies on investment in technical infrastructure construction, development of culture, education and social welfare in order to ensure harmony between the interests of the State and the investors and local people's benefits”.

Acknowledging the fact that many people still wonder and worry about the risk of unsafety of nuclear power plants in the future, legislators have introduced regulations on the provision of information to increase transparency in the operation of nuclear power plants, overcoming the people's apprehension and thus will support the development of nuclear energy in Vietnam.

Preparing for effective implementation of the Law on Atomic Energy

In order for the Law on Atomic Energy to be quickly applied as soon as it takes effect (from January 01, 2009), Ministries and branches, especially the Ministry of Science and Technology, should actively disseminate the law's contents to the people, first of all to organizations and individuals operating in the field of atomic energy. Dissemination of the content of the law can be done through seminars, conferences, training classes and the media.

In addition, in order to fully and accurately implement the contents of the Atomic Energy Law, it is necessary to issue a system of guiding documents. First of all, it is necessary to have a Decree issued by the Government such as a decree detailing and guiding the implementation of the law; decree on nuclear power plants; decree on fees and charges; decree on inspection; decree on handling of administrative violations. Next, there should be ministerial documents, such as a circular on declaration and licensing; circular on transportation of radioactive materials; circular on management of radioactive waste, used radioactive sources and spent nuclear fuel; circular on security of radioactive sources and nuclear materials, etc.

A lot of work needs to be done after the Law on Atomic Energy of Vietnam comes into effect, even immediately after the law is announced. On the other hand, because the law is built from the point of view of selectively inheriting the current regulations and is highly systematic, it will also greatly facilitate the implementation and guide the implementation.

Source: Electronic People's Daily Newspaper

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