Circular No. 02/2011/TT-BKHCN guiding the control of nuclear materials and source nuclear materials

72 Issue nos06-0B/March 2011 (CongBaa 163-164/March 31, 2011) Circular No. 02/2011/TT-BKHCN of March 16,2011, guiding the control of nuclear materials and source nuclear materials Pursuant to tire COl 'em III 1'111 \' Decree No. 281 20081ND-CP of March 14, 2008. defining the [unctions, tasks, powers and organizational structure of the Ministry of Science and Technology: Pursuant to the Prone Minister's Decision No. 4)/2Ul0IQD-TTg o] June 14, 2010, pm/lwlgating the Regulation 011 nuclear control; The Minister of Science and Tectntalog» guides the control of nuclear materials and source nucl ear morerials (IS [ollows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular provides guidance on: I. Nuclear accounting I" ocess , 2. Engineering dossiers of facilities subjcc: to nuclear control; 3. I n formation reports on rae i Iit ies tha. possess l1ui'lp:lr rnarr-riul-, or source nuclear materials weighing less than I effective kg; 4. Nuclear accounting dossiers; 5. Export and import reports; 6 Sppcial rppmts; 7, Conditions and procedures for recognizing the discharge of responsibility of orgunizat ions and individuals tocomply with nuclear control regulations. Issue nos06·08/March 2011 (Gong Rio nos 163-164/March 31,2011) Article 2. Subjects of application This Circular applies to organizations and individuals that use, store, export or import nurlr-ar m.uerin ls and source nuclear materials in Vietnam. Article 3. Interpretation or terms L Material batch means a portion of nuclear materials handled as a un i t fur iIIVl;IIIUIY purposes at a key measurement point. 2. Material balance area (MBA) means un area inside or outside of a facility into or out of which the quantity of nuclear material in each transfer can be determined and in which a physical inventory can be conducted when necessary 111 order to establish the material balance. 3. Kcy mcasuicrueut poiut (KMP) means a location where nuclear materials appear in such a form that can be measured to inventory or determine the materia I flow. Chapter II NUCLEAR ACCOUNTING PROCESS. ENGINEERING DOSSIERS AND INFORMATiON REPORTS ON NUCLEAR MATERIALS AND SOURCE NUCLEAR MATERIALS Article 4. Nuclear accounting process I. Organizations and individuals that use or store nuc lcur materials and SOUI"ce nuclear materials specified in Articles 6 and 7 of the Regulation on nuclear control, promulgated together with the PrimeMinister'sDecision No. 45/20 1O/QD-TTg of June 14,2010, shall set up 73 and apply the nuclear accounting process. 2. A nuclear accounting pr()ccs~j involves the following jobs: al Establishing a MBA and determining KMPs to serve the accounting and control of nuclear materials and source nuc lear materials at the faei lity; b/ Building and applying a process to determine the quantity of nuclear materials and source nuclear materials received, produced, transferred, lost or cxeluded from the inventory sheet and the quantity of nuclear materials and source nuclear materials physically inventoried at the facility; c/ Building and applying a process to assess the accuracy and repetition of measurements and approximate the reliability of these measurements; d/ Building and applying a process to assess the difference between nuc lcur matcriul and source nuc lear material amount measured in the place of departure and in the place of admission; e/ Bui Idi ng and applying a process to conduct physical inventory; fl Building and applying a process to assess immeasurable quantities of inventoried nuclear materials and source nuclear materials and immeasurable losses; gl Building and applying a process or making and keeping nuclear accounti ng dossiers and submit ling nuclear accounr s: hi Appointing personnel to take charge of nuclear accounting and control of nuclear materials and source nuclear materials at the facility. 74 Article 5. Engineering dossiers l. Organizations and individuals that have facilities subject to nuclear control shall make and submit :111 n-qnired f"n2:inecrinr, dossiers and report on engineering changes as follows: J1An engineering dossier shall be made and submitted to the Vietnam Agency for Radiation and Nuclear Safety within 15 days after the approval of a project to construct a facility subject to nuclear control. Such dossier shall be made under the g uidunc c provided in Appendix I to this Circular (not printed herein) and based on available information on the project. bl An engineering dossier shall be made and submitted to the Vietnam Agency for Radiation and Nuclear Safety at least 240 days before the d a t c of commencing t hc construction of the facility subject to nuclear control. Such dossier shall be made under the guidance provided in Appendix I to this Circular and based on information included in the basic design. c/ An engineering dossier shall be made and submitted IO the vietnam Agency for Radiation and Nuclear Safety at least 240 days before the date planned for first-ti me admission of nuclear materials and source nuclear materials into the facility. Such dossier shall be made under the guidance provided in Appendix] to this Circular and based on information included in the approved detailed design. dl A report on engineering changes shall be made' and submitted upon the occurrence of changes in the engineering dossier specified at Point c of this Clause. Such report must clearly Issue nos06·08/March 2011 (CongBao163-1641Marchn 2011) indicate changed details and shall be submitted to Ihp Vi r-tn am Age nc y for Radiation and Nuclear Safety at least 90 days before the date planned for completion of changes. el An engineering dossier shall be remade after completion of changes indicated ill a report on changes in the engineering dossier specified at Point d of this Clause. Such dossier shall he made under the guidance provided in Appendix I to this Circular. indicate completed change, and be submitted to the Vietnam Agency for Radiation and Nuclear Safety within IS day, after the completion of changes. 2. Engineering dossiers and reports 011 engineering changes shall be supplemented and finalized at the re411l':~L or the ViCllI,1I11 Agt.:llL) for Radiation and Nuclear Safety. Article 6. Information reports on nuclear materials and source nuclear materials I. Organizations and individuals that use or store nuclear materials and source nuclear materials specified in Article 7 of the Rcgulatior on nuclear control, promulgated together with the Prime Minister's Decision No. 45J20 10/QI) TTg of June 14,2010, shall submit information reports on nuclear materials and source nuclear material s to the Vietnam Agency for Rad iutiou and Nuclear Safety at least 240 days before the dare planned for first admission 0( thcsr: materials. These reports shall be made under the guidance in Appendix 11 In this Circular tno! printed herein) . 2. In case of a change in details in un information report on nuclear materials and source nuclear materials already submitted Issue nos06·0B/March 2011 (Cong BaD nos 163-164/March 31,2011) under Clause I of this Article, such report shall be remade, indicating such change, and subrnitted to Vietnam Agency for Radiation and Nuclear Safety the within 15 days after the occurrence of the change. 3. Information reports on nuclear materials and source nuclear ma tcrra ls shall be supplemented and finalized at the request of the Vietnam Agency for Radiation and Nuc le ar Safety. Chapter III NUCLEAR ACCOUNTING DOSSIERS Article 7. Nuclear accounting dossiers l . Organizations :H1d individuals that use or store nuclear materials and source nuclear materials as specified in Articles 6 and 7 of the Reg ulation on nuc lea r control, promulgated together with the Prime Minister's Decision No. 4Sf2010fQD-TTg of June 14,2010, shall make and keep nuclear accounting dossiers and submit nuclear accounts. 2. A nuclear accounting dossier consists of a nuclear account, nuclear accounting documents and an operation dossier, 3. A nuclear accounting dossier shall be kept during the presence of nuclear materials and source nuclear materials at the facility and for at least 5 years utter making the dossier. Article 8. Nuclear accounts I. A nuclear account consists of a periodical inventory report, a material balance report. an inventory change report and written remarks enclosed with these reports. 75 2. Periodical inventory report means a repOft on results of inventory of nuclear material and source nuclear material quantities following each periodical inventory at a frequency approved by the Vietnam Agency for Radiation and Nuclear Safety. Periodical inventory reports shull be mudc according to a form provided in Appendix 1Il to this Ci rcular (not printed herein) and submitted to the Vietnam Agency for Radiation and Nuclear Safety within I5 days after the completion of a periodical inventory. 3. Material balance report means a report presenting the balance of materials based on results of inventory of nuclear materials and source nuclear materials actually present at the faei Iity a nd inventory fi[lln'~ in I he' previous inventory period. Material balance reports shall be made according to a form provided in Appendix III to this Circular and submitted to the Vietnam Agency fOI" Radiation and Nuclear Safety together with pel iod ica l inveruory repul ts specified in Clause 2 of this Article. 4. Inventory change report means a report on change in nuclear material and source nuclear material quantities at the facility, Inventory change reports shal[ be made according to a form provided in Appendix III to this Circular and submitted to the Vietnam Agency for Radiation and Nuclear Safety within 15 days after the occurrence of a change in nuclear material and source nuclear material quantities ill the MBA. 'i. Wr i t t e n remarks means documents enclosed with reports specified in Clauses :2" 3 and 4 of this Article, explaining inventory changes or notable points in each report. Written remarks shall be made according to a form 76 provided in Appendix III to this Circular. Article 9. Nuclear accounting documents Nuclear accounting documents include: I. Inventory change documents which present changes in nuclear material and source nuclear material quantities in each batch and information related to materia I characteristics and batch Jaw. 2. Documents on measurement results which present measurement time and results to be used to determine physically inventoried nuclear material and source nuclear material quantities. 3. Documents on adjustments and modifications which present all adjustments and modificaaons already made in relation to inventory changes and the difference between book inventory and physical inventory. Article .If). Operation dossiers An operation dossier contains the following details: 1. Operation data which are used to d ere rm ine changes in the amount and composition of nuclear materials; 2. Data obtained through the correction of containing vessels and equipment, sample taking and analysis: process of measurement quality control; unbiased errors and biased errors; 3. Description of steps of preparing and conducting physical inventory to assure that the inventory is accurate and adequate; 4. Description of steps of confirming causes and level of material losses. Issue nos 06·0BIMarch 2011 (Cong BaD 163-164/March 31,2011) Chapter IV REPORTS ON EXPORT OR IMPORT OF N1JCLEAR MATERIALS :"'.NO SOURCE NUCLEAR MATERIALS AND SPECIAL REPORTS Article 11. Reports on CXpOI-t or import 01 nuclear materials and source nuclear materials I. Exporters of nuc lear materials and source nuclear materials shall. within ]0 days before the riatp: plnn ner l fnr p:xpnrl nf 111<' fir" hatr h. send reports made aceordi ng to a form prov ided in Appendix IV to this Circular (no! printec! herein), enclosed with copies of signed export contracts to the Vietnam Agency for Radiation and Nuc lcar Safety. 2. Importers of nuclear materials and source nuclear materials shall, within [5 days before the date planned for arrival of materials in Vietnam, send reports made according to a form provided in Appendix IV to this Circular, enclosed with copies of import contracts to the Victnam Agency for Radiation and Nuclear Safety. 3. In case of a change in reported information on export or import of nuclear materials and source nuclear materials. all exporter or importci shall report such change in writ ing to the Vietnam Agency for Radiation and Nuclear Safety before the date planned for export or import. 4. At the request of the Vietnam Agency for Radiation and Nuclear Safety, exporters and importers of nuclear materials and source nuclear materials shall clarify or supplement Issue nos 06-0B/March 2011 (Cong BaD nos 163-1641March 31,2011) information in their submitted reports under Clauses I, 2 and 3 of this Article. Article 12. Special reports I, Special reports means a reporting regime applicable to organizations and individuals that use, store, export or import nuclear materials and source nuclear materials in the following abnnrrnu l (';ISPS' al There occurs an emergency or circumstance which may lead to a belief that a nuclear material or source nuclear material is lost or possibly lost; b/ There is an abnormal change in access surveillance or containment measures. 2. Special reports in abnormal cases specified III Clause I of this Article are specified as lollows: al Upon detection of all abnormality, a report thereon shall be i rnrnediately made via phone or facsimile to the Vietnam Agency for Radiation and Nuclear Safety. bl Within 5 days after the detection of an abnormality, a written report thereon shall be made and sent to the Vietnam Agency for Radiation and Nuclear Safety. Chapter V RECOGNITION OF DISCHARGE OF RESPONSIBILITY TO COMPLY WITH NUCLEAR CONTROL REGULATIONS Article 13. Conditions on recognition of discharge of the responsibility to comply with nuclear control regulations 77 Organizations and individuals will be recognized as having discharged their responsibility to comply with nuclear control regulations with regard to nuclear materials and source nuclear materials once these materials arc spent or so diluted that they can no longer be used for :lny nuclear activity or physically irretrievable. Article 14. Procedures for recognizing discharge of the responsibility to comply with nuclear control regulation~ 1. Organizations and individuals that wish tu be recogniz.ccl as huvlug discharged their responsibility to comply with nuclear control regulations with regard to nuclear materials and source nuclear materi als shall send dossiers of request for recognition to the Vietnam Agency for Radiation and Nuclear Safety. 2. A dossier of request for recognition of discharge of the responsibility to comply with nuclear control regulations comprises: aJ A request for recognition of discharge of the responsibility to comply with nuclear control regulations, made according to a form provided in Appendix V to this Circular (not printed herein); bl Relevant documents proving that the facility has satisfied the conditions on recognition of discharge of the responsi bility to comply with nuclear control regulations as specified ill Article 13. 3, Within 60 days after receiving a dossier of request for recognition of d i sc hurge of the responsibility to comply with nuclear control 78 regulations. the Vietnam Agency for Radiation and Nuclear Safely shall verify inforrnation and grant or refuse to grant a certificate of rccognilion of discharge ofthe responsibility to comply with nuclear conlrol regulations. In case of refusal, it shall reply in writing, clearly slating the reason. Chapter VI IMPLEMENTATION PROVISIONS Article 15. Effect 1. Thi:> Circular takes effect em June L 2011. 2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for study, modification or supplementation. For the Minister of Science and Tecluiologv Deputy Minister LE DINHTlEN THE MINISTRY OF FINANCE Circular No. 4/2011lTT-BTC of March 14, 20 arnenrl i n g the Ministry of Finance 22812009/TT-BTC of 'ember 7, 2009, guiding the appropria .on and use of provisions for devaluation of inventories, loss of financial investments, bad receivable debts and Issue nos Oe·OaIMan;h 2011 (Cong Baa 163-164/March 31.2011) •