Decree No. 50/1998/ND-CP detailing the implementation of the Ordinance on Radiation Safety and Control

Article 1.- This Decree details the implementation of the Ordinance on Radiation Safety and Control, 13. Dosemeter is the equipment or machine used passed on June 25, 1996 by the Standing Committee to measure the radiation dose. the activity of radiation of the National Assembly of the Socialist Republic of sources, to determine the radioactive isotopes, etc. Vietnam. 14. Personal dose meter is equipment used for measurement of persona I radiation dose.

Article 2.- The provisions on radiation safety and control relating to international relations shall be 15. Radiation alarm instrument is the equipment regulated and implemented in accordance with the or machine which emits signal notifying that the provisions of the Ordinance on Radiation Safety and radiation dose has exceeded a certain level, which Control as well as other relevant provisjons of may cause danger to human health. Vietnamese legislation and of international treaties which Vietnam has signed or acceded to. 16. Calihration means the comparision between meters and the standard meter or standard radiation

Article 3.- Terms used in this Decree shall be source in order to rectify errors and ensure the construed as follows: reliability of the measurement by the meters. 1. Activity means the variable of self-radiating 17. Radiation monitoring means the control of nuclei of the radioactive substance per second. The radiation dose and/or activity so as to detect in time measuring unit is Becquerel (Bq). the change in radiation dose and radioactive waste. 2. Natural radiation hackgroundmeans radiations 18. Radiation conrrol area means the area where originating from natural sources (such as radiation appropriate radiation safety measures (such as from the universe, from natural radiating nuclei restriction on exits or entries, personal radiation existing in earth and rock, air, water, human and monitoring, special health monitoring ... ). animal bodies, materials, etc.) 19. Radioactive contamination: Usually a specific 3. Irradiation is the radiation effect on a part or activity ;vill not exceed 70 KBq/kg; but for some the ,vhole of a human or animal body or any object. reasons, the specific activity surpasses such limit. 4 OFFICIAL GAZETTE No.25 (l 0-9-1998) Chapter II radiation personnel according to the Ministry of Health's stipulations. RESPONSIBILITIES TO ENSURE RADIATION SAFETY 2. Persons aged under 18, v,ho are probationers or apprentices. shall be allowed to work only in the radiation control areas under the guidance of Article .J.- instrnctors. I. Each radiation establishment shall have a manager who may be the owner, or the lawful Article 7.- representative of the owner or the lawful user of the establishment. I. The radiation establislunent manager shal·I have to annually inventory all radioactive sources, radiation In cases where the owner doesn't manage the apparatus, radioactive substances, radioactive waste, radiation establishment, his/her representative at law which are being managed by his/her establishment, shall be the manager of the radiation establishment. and report thereon to the State management agency in charge of radiation safety and control under the In cases where the owner is not the manager of Ministry of Science, Technology and Environment, the radiation establishment and does not have the lawful representative, the lawful user of the and to his/her immediate high-level agency. establishment shall be its manager. 2. The radiation establishment manager shall have 2. The radiation establishment manager shall take to submit the annual report on radiation safety status the highest responsibly to ensure the radiation safety at his/her establishment to the Ministry of Science. for his/her establishment and employees, the Technology and Environment and to his/her population and environment in surrounding areas, immediate high-level agency. shall apply appropriate measures in order to keep radiation at the possible reasonably low level with Article 8.- The radiation establishment manager economic and social factors being taken into account, shall have to annually organize training course(s) for which must not exceed the prescribed limit. reviewing radiation safety regulations. updating new basic knowledges on radiation safety then, basing him/ 3. The Ministry of Science, Technology and her-self on results of examination and periodical Environment shall study and submit necessary medical checkups, issue certificates permitting amendments to the provisions of the Ordinance on employees to continue working at the establishment. Radiation Safety and Control regarding the radiation Personnel holding permits for conducting special establishment manager's powers. radiation work must also attend such course(s).

Article 5.- Article 9.- The radiation establishment manager shall have to: 1. The radiation establishment manager shall issue a written decision to appoint the radiation safety I. Organize the medical examination when officer of the establishment in order to perform the recruiting radiation personnel. tasks defined in the Article 11 of the Ordinance on Radiation Safety and Control. 2. Monitor the radiation personnel's health and organize medical examinations for them once every Depending on the establishment's activity scale, 6 months as stipulated by the Ministry of Health. the manager shall set up an appropriate radiation safety section. 3. Provide the radiation personnel with protective means, personal dosemeters and compel them to use 2. The radiation establishment manager shall set such equipment while performing radiation work. up a radiation incident prevention and combat team suitable to the activity scale of the establishment. This 4. Make the assessment of personal dose for team shall be provided with necessary equipment and radiation personnel at least once every 3 months at regular training. the institutions designated by the State management agency in charge of radiation safety and control under

Article 6.- the Ministry of Science, Technology and Environment. 1. The radiation establishment manager shall not be entitled to recruit any person under 18 or suffering 5. Keep the records on the radiation personnel's from diseases or handicaps forbidden to work as medical ch:cl,-ups and personal does for 30 years after No.25 (10-9-1998) OFFICIAL GAZETTE 5 they move to perform non-radiation jobs or retire. In radiation meters shall have to meet all the prescribed cases where the establishment has its license conditions and register their operations with the State withdrawn, its manager shall still have to retain all management agency in charge of radiation safety and the above-mentioned dossiers. In cases where the control under the Ministry of Science, Technology and establishment dissolves, goes bankrupt or terminates Environment and shall be entitled to provide the above- its operation, the above-said dossiers must be handed said services after being granted operation licenses. over to radiation personnel. 2. After their examination and assessment of

Article 10.- personal doses, the establishments providing personal dosemctry services shall have to submit the radiation 1. When detecting that the radiation dose at the dose records to the State management agency in establishment exceeds the prescribed normal working charge of radiation safety and control unc.ler the level but not the prescribed limit, the manager shall Ministry of Science, Technology and Environment have to promptly investigate the cause and take and concerned radiation establishrncnt(s). remedial measures in time. Article l .f. - The radiation establishment manager 2. When a radiation worker is exposed to a dose shall have to apply measures for radioactive waste beyond the annual dose limit, the manager shall have management and treatment according to the to: regulations of the State management agency in charge of radiation safety and control under the Ministry of a/ Send him/her to a specialized medical institution Science, Technology and Environment. for examination and health monitoring: b/ Investigate the cause and apply remedial Article 15.- When a radiation establishment measures: dissolves, goes bankrnpt or terminates its operation. in order to ensure the radiation safety: c/ Assign him/her appropriate work in order to keep the personal dose below the prescribed limit. I. The manager shall have to: 3. When a female radiation worker is in the a/ Send a report thereon to his/her direct managing pregnancy or nursing period. the manager shall have agency and the State management agency in charge to assign her any non-radiationjob. of radiation safety and control under the Ministry of Science, Technology and Environment, enclosed with Artide 11.- the following documents: 1. The radiation establishment manager shall have - The inventory of radiation apparatus. radioactive to equip him-/hersclfwith a dosemeter for monitoring sources, radioactiYe substances, radioactive waste regularly the radiation dose in the work place and according to inwntory forms specified by the Ministry around the establishment. of Science. Technology and Environment - The plan for settling the radiation apparatus. 2. Any important radiation establishment having radioactive sources, radioactiYe substances, accelerator, nuclear reactor, industrial irradiator, radioactive waste. teletherapy... must be equipped with the radiation alarm instrument bl To hand over the health and personal dose records to radiation personnel: 3. Any radiation establishment with low radiation cl To ensure the radiation safety until being danger which can not equip itself with a dosemeter, recognized as having been out of any responsibility shall have to use the radiation monitoring services. by the State management agency in charge of radiation safety and control under the Ministry of Science,

Article 12.- The manager shall have to examine Technology and Environment. and calibrate radiation monitor, teletherapy and radiation apparatus once every 12 months. Any 2. The direct managing agency shall ha\'c to direct instrument ,vhich is newly imported or repaired shall and supervise the radiation establishment manager be calibrated before being put to use. in applying necessary measures to ensure the radiation safety until the establishment is recognized as having

Article 13.- been out of any responsibility. 1. Establisluncnts providing services in personal 3. The Ministry of Science, Technology and doscmetrv_ and/or maintenance and calibration of Environment shall have to: 6 OFFICIAL GAZETTE No. 25 (10-9-1998) a/ Consider and approve the plan submitted by no considerable danger to areas outside the the manager; establishment is a radiation incident which occurs when: b/ Organize the evaluation of the safe handling of radialion apparatus, radioactive sources, radioactive a/ The reactor core or safety system is considerably substances, radioactive waste and radiation damaged; radiation personnel arc exposed to a fatal establishment dose; c/ Recognize by a decision that the radiation b/ External radioactive release has exposed many establishment will be out of any responsibility for people to a radiation dose of from I to 10 mSv. ensuring the radiation safety 2. A particularly serious radiation incident causing

Article 16.- considerable danger to the outside oft he establishment is a radiation incident which occurs when: 1. The annual dose limit for radiation personnel a/ The reactor core or safety systems is seriously is 20 rnSv. and for people is l mSv. These limits damaged: radiation workers are exposed to a fatal include external dose and internal dose, except for dose; the natural radiation background. b/ External radioactive release has exposed many 2. The Ministry of Science, Technology and people to a personal radiation dose of 10 mSv or more. Environment shall specify other dose limits.

Article 19. - When a radiation incident occurs, the

Article 17.- The Ministry of Science. Technology radiation establishment manager shall have to: and Environment shall define the safety standards for radioactive sources, radiation apparatus, radiation 1. Quickly locate the incident site, assess its causes, establishments, radioactive substances, radioactive characteristics and development in order to apply waste, and radiation practices. remedial measures according to the drawn-up plan: a/ If the incident is at level L manpower and means C'hapter III in the establishment must be quickly mobilized so as to overcome the incident and seek ways to check it RESPONSIBILITIES FOR HANDLING from spreading. to minimize possible consequences, RADIATION INCIDENT to provide the first-aid to overexposed victims, to isolate the danger area. to monitor the development

Article 18.- Levels of radiation incident: of the incident, to continuously control the radiation doses. to make report and submit it to his/her direct Level 1. Unexpected radiation incident is an managing agency and the State management agency incident ·which occurs when: in charge of radiation safety and control under the 1. The apparatus operates beyond the prescribed Ministry of Science, Technology and Environment. operating regime; Jfhc/shc deems incapable of overcoming the incident, he/she must report immediately to the higher-level 2. Considerable damage is caused lo the safety agencies for timely support. Pending the support, he/ system; radioactive release spreads in the she must continue organizing the handling of the establishment: personnel are over-exposed to incident and constantly inform such agencies thereof. radiation. b/ If the incident is at level 2, he/she must Level 2. Serious radiation incident is an incident immediately notify the incident site to the State which occurs when: management agency in charge ofradiation safety and control under the Ministry of Science, Technology 1. The safety systems are no longer effective: the and Environment, his/her direct managing agency, establishment is subject to serious radioactive the People's Committees of district/provincial town contamination radiation personnel's health is acutely (hereafter referred collectively to as the district level) affected: and of province/city directly under the Center Government (hereafter referred collectively to as the 2. Off-site radioactive release has exposed many provincial level), where the incident occurs so as to persons to a personal radiation dose of up to 1 mSv. get timely assistance and, depending on the Level 3. A particularly serious radiation incident: seriousness of the incident, to let the People Committee of the district or provincial level notify 1. A particularly serious radiation incident posing the local population thereof; to overcome the event No. 25 (I 0-9-1998) OFFICIAL GAZETTE 7 as specified for the level I; to evacuate personnel from of Public Security, the Ministry of Labor, War Invalids the establishment if necessary: to isolate the entire and Social Affairs, the Ministry of Defense and the establishment and maintain strict security, if the Ministry of Health. This emergency team shall be radiation danger widely spreads. provided with necessary protective equipment and machinery and with regular drills. c/ If the incident is at level 3, he/she must quickly act as specified for level 2 incident; propose to the 2. Upon receiving the urgent report on radiation competent authorities to evacuate local population incident the Ministry of Science, Technology and from dangerous areas if he/she deems necessary and Environment shall establish a steering board for take measures for the strict management of the overcoming the incident, consisting of competent environment. representatives of relevant ministries, branches and 2. Create favorable conditions for functional bodies localities, to be led by the Ministry of Science, to participate in overcoming the incident and to follow Technology and Environment. This ministry shall their instructions. send the emergency team and experienced experts to help the establishment overcome the incident; and at 3. To fully, accurately and promptly provide the same time appoint competent officials to monitor necessary data to his/her direct managing agency, the the incident and keep constant contact with the State management agency in charge of radiation safety establishment in order to grasp the situation and to and control under the Ministry of Science, Technology pass necessary instructions. and Environment, the radiation safety and control inspectorate. In case of a level 2 or level 3 incident, 3. The steering board and emergency team shall he/she must maintain constant communication with be given full powers and priority in using the quickest the above-said agencies in order to report on the transport means while performing their duty. development of the situation and receive necessary 4. In case of a particularly serious radiation instructions. incident, the Ministry of Science, Technology and 4. To submit detailed report on the incident to his/ Environment shall have to promptly report in detail her direct managing agency, the State management to the Prime Minister for instruction. agency in charge of radiation safety and control under 5. The Ministry of Science, Technology and the Ministry of Science, Technology and Environment shall have to provide official Environment, the Ministry of Labor, War Invalids and information on the radiation incident to the mass Social Affairs, the People's Committee of the province media. where the radiation incident occurred. In case of urgent situation, the manager may report by phone, 6. The Ministry of Science, Technology and but shall later have to make a written report for files Environment shall organize the implementation of keeping. international agreements relating to radiation incident which Vietnam has signed or acceded to. Content of the initial urgent report includes: - Full name, position of report maker: 7. The Ministry of Science, Technology and Environment shall have to study and elaborate the - Name of the radiation establishment, full and provisions on settling the consequences of radiation exact address of the incident site: incidents which shall be submitted to the Government - Time when the incident occurred: for further submission to the National Assembly Standing Committee for supplement to the Ordinance - Important developments in the radiation incident on Radiation Safety and Control. area: - Predictive cause of the incident Article 21.- Upon receiving an urgent report on - Full name, telephone number of the manger of radiation incident: the establishment where the incident occurred. 1. The ministry, branch and agency which directly manages the establishment shall have to:

Article 20.- a/ Immediately send specialists to the 1. The Ministry of Science, Technology and establishment, helping it overcome the incident: Environment shall set up the emergency team including members nominated by the Ministry of b/ Appoint competent officials to follow the Science, Technology and Environment, the Ministry situation and keep constant contact with the 8 OFFICIAL GAZETTE No.25 (10-9-1998) establishment in order to grasp the situation and pass Chapter IV necessary instructions. DECLARATION, GRANTING OF 2. The Ministry of Health shall have to: REGISTRATION PAPERS AND a/ Give first-aid to the victims in time; LICENSES b/ Examine and monitor the health of persons who Article 23.- Organizations and/or individuals are affected by the incident. possessing radiation establishments. radio~ctive sources. radioactive waste or carrying out radiation 3. The Ministry of Public Security shall have to: work shall have to declare with the State management a/ Immediately send competent officials to the agency in charge ofradiation safety and control under establishment to help it overcome the incident and the Ministry of Science, Technology and Environment maintain security in the area; under the latter ·s guidance. bl Coordinate with the Ministry of Science, Article 24.- Organizations and/or individuals Technology and Environment in investigating the cause possessing radiation establishments. radioactive of the incident; in case of an act of sabotage or sources. radioactive waste or carrying out radiation negligence of responsibility, thus causing serious practices shall have to apply for registration papers for damage. to compile dossiers to examine for penal their radioactive sources, for site of storage of liability. radioactive waste according to the provisions in Article 24 of the Ordinance on Radiation Safety and Control. 4. The Ministry of Labor, War Invalids and Social Affairs shall have to send State labor inspectors to The dossiers of application for registration papers the establishment for coordinating with radiation shall be submitted to the State management agency safety inspectors of the Ministry of Science, in charge of radiation safety and control under the Technology and Environment in investigating cases Ministry of Science, Technology and Environment. of labor accident relating to radiation, which have Such a dossier shall include: caused death or serious radiation overexposure to radiation personnel. - The application for registration paper(s): - The declaration: 5. The district/provincial People's Committees shall have to: - Copy of the record of radioactive sources/or radiation equipment. a/ Immediately send competent officials to help the establishment overcome the incident:

Article 25.- Organizations and/or individuals bl Create favorable conditions for functional bodies possessing radiation establishments. radioactive to overcome the incident. sources, radioactive waste or carrying out radiation practices shall have to apply for the license for the

Article 22.- In case of a level 3 radiation incident establishment's operation, the license for carrying out (particulary serious radiation incident) defined at radiation work (production, use, import, export. Point 2, Article 18, apart from the measures provided transportation ... of radioactive sources) according to for in Article 20 and Article 21 of this Decree: the provisions in Article 24 of the Ordinance on Radiation Safety and Control. The Ministry of Science, Technolog) and Environment shall urgently notify the incident to the The dossiers of application for licenses shall be People's Committee of the province where the incident submitted to the State management agency in charge occurred, which shall assume the prime responsibility of radiation safety and control under the Ministry of and coordinate with the Ministry of Science, Science, Technology and Environment: for cases Technology and Environment as well as relevant specified in Clause 2 of Article 35 of this Decree, the agencies in evacuating the local population from the dossiers shall be submitted to the Ministry of Health. dangerous areas. Such a dossier shall include: The Ministry of Health shall decide to allow or - The application for licenses: not allow the use of food, foodstuffs and drinking water in areas affected by the radiation incident; - The declaration: The Ministry of Defense shall mobilize resources - The written evaluation of radiation safety and for overcoming the incident. environment impact regarding radiation safety: No.25 (10-9-1998) OFFICIAL GAZETTE 9 - The report on test and acceptance of the capital 4. Radiation work not defined in Clauses 1 and 2 construction part of the newly constructed of this Article: the term shall be determined establishment: appropriately according to types of work. - Copy of the decision on establishing the radiation

Article 29.- Organizations and individuals wishing establishment. to extend their licenses shall fulfil the extension procedure no later than 60 days before the expiry of

Article 26.- the licenses. 1. An employee wishing to perform a special A dossier of application for license extension shall radiation work specified in Article 24 of the Ordinance include: on Radiation Safety and Control shall have to submit the dossier oflicense application to State management - The application for the extension; agency in charge of radiation safety and control under - The written evaluation of radiation safety of the the Ministry of Science, Technology and Environment. establishment during the licensed term, especially concerning radiation incidents and remedial measures. Such a dossier shall include: - The application for license to perform special Article 30.- radiation work; l. When wishing to upgrade, to expand the scope - Copies of diploma, appropriate professional and purpose of operation of his/her establishment certificates: beyond the license stipulations, to upgrade the - Health certificate. radiation facility beyond the contents of the registration paper, the radiation establishment 2. The special radiation work specified in Clause manager shall submit the dossier of application for 1, Article 24 of the Ordinance on Radiation Safety license to the State management agency in charge of and Control shall include: radiation safety and control under the Ministry of Science. Technolof,'Y and Environment. - Installation, operation, repairing, overcoming failure of nuclear reactor, accelerator, teletherapy, Such a dossier shall include: semi-industrial or industrial irradiatoL industrial - The application for the license to upgrade, scanner: expand the scope and purpose of operation of the - Radioisotope production: radiation establishment beyond the license stipulations (or to upgrade the radiation facility): - Decontamination and overcoming radiation incidents of from level-2 upward, as defined in Article - Project for upgrading, expanding the operation 18 of this Decree, for areas of radioactive scope and purpose (or upgrading radiation safety): contamination. - Radiation safety report:

Article 27.- Organizations and/or individuals - The written evaluation of environment impact possessing radiation establishments, radioactive regarding radiation safety ·when putting the sources, radioactive waste or carrying out radiation establishments or the facility into operation. practices, that had existed or operated before January 2. For radiation establishments and facilities 1, 1997, but failed to declare apply for registration mentioned in Clause 1 of this Article, the manager of papers and licenses, shall have to comply with the the radiation establishment shall fulfil the procedures Ordinance on Radiation Safety and Control and this to apply for the amendment to the license or for new Decree. registration paper.

Article 28.- The term of a license is stipulated as Such dossier shall include: follows: - The application for amendment to the license or 1. Establishment using nuclear reactor, accelerator, for new registration paper: multipurpose irradiation facilities including radiation - The report on test and acceptance regarding therapy: 5 years radiation safety for items mentioned in Clause 1 of this Article. 2. Other radiation establishments: 3 years

Article 31.- 3. Employees carrying out special radiation work: 1 vears 1. Organizations and/or individuals applying for OFFICIAL GAZETTE No.25 ( I 0-9-1998) registration papers, licenses, license extension or standards, and submit them to the Government for amendments shall have to pay evaluation charges and promulgation, or promulgate by itself according to fees according to the provisions of law. its competence: 2. The Ministry of Finance shall, in cooperation b/ To draw up and submit to the Government plans with the Ministry of Science, Technology and an radiation safety and control; Environment, determine the amount of fees and cl To organize the declaration, issuance of charges to be paid by for organizations and/or registration papers and licenses, the extension, individuals mentioned in Clause I of this Article, and amendment and withdrawal of registration papers and stipulate the management and use of such fees and licenses for radiation establishments, radioactive charges. sources and radiation work in the fields of industry, agriculture, health service, education, construction,

Article 32.- The operation license of the radiation communication and transport, national defense, establishment the license for carrying out radiation police ... according to the provisions in the Chapter work or the license for radiation workers to carry out IV of this Decree: to instruct on the conditions in the special radiation work shall be revoked in the cases of exemption of declaration, exemption of following cases: registration papers and exemption of license; to instruct on the contents, procedures, dossiers and 1. Organizations and/or individuals that are no forms related to declaration, registration and longer qualified or violate the radiation safety licensing; regulations causing damage to people and environment, violates conditions specified in licenses di To organize the evaluation of radiation safety but fail to rectify it within the timelimit specified in before granting registration papers and/or licenses, the notice of the State management agency in charge the extension and/or amendment of registration of radiation safety and control under the Ministry of papers, licenses; to organize the evaluation of the site Science, Technology and Environment. Such for the construction of radiation establishment, the timelimit shall not exceed 30 days. design of radiation establishment, the design of radiation safety means and other cases specified by 2. The radiation establishment dissolves or goes law: bankrnpt. e/ To organize the system of statistics and filing records on radiation establishments, radioactive

Article 33.- The investment projects for the sources, radiation apparatus, personal doses: constrnction of installations using radioactive sources, radiation apparatus must be evaluated in term of their f/ To organize and direct the elaboration of plans technology and radiation safety conditions by the State for preventing and combating radiation incidents, and management agency in charge of radiation safety and overcoming consequences thereof; control under the Ministry of Science, TechnolOf.,'Y g/ To orgamzc research and application of and Environment. scientific and technological advances in the field of radiation safety; Chapter V h/ To organize the training of personnel working STATE MANAGEMENT in the field of radiation safety and control: RESPONSIBILITY FOR RADIATION ii To organize the education, propagation and SAFETY AND CONTROL popularization of knowledges about radiation safety and controL

Article 34.- j/ To build and develop the material and technical 1. The Ministry of Science, Technology and foundations for radiation safety and control activities; Environment shall be responsible to the Government to organize the environmental radiation monitoring, for the exercise of unified State management over personal dosemetry services, control and calibration radiation safety and control throughout the country, of dosemeters, measurement of activity of radioactive responsible for the organizing and directing all sources ... radiation safety and control activities within the scope kl To guide and inspect ministries, branches, of its functions and duties as follows: localities, organizations and individuals in the a/ To draft legal documents on radiation safety implementation of the Ordinance on Radiation Safety and control and the system of radiation safety and ControL to perform and organize the specialized No.25 (10-9-1998) OFFICIAL GAZETTE 11 inspection on radiation safety and control; prov1s10ns on the transportation of radioactive substances, radioactive waste and radioactive sources. 1/ To submit to the Government proposals on Vietnam's participation in international organiza- 2. The investigations of the losses of radioactive tions; signing of or acceding to international sources, the illegal trading, trafficking and use of agreements on radiation safety, nuclear safety; to carry radioactive sources. out international activities related to radiation safety and/or nuclear safety; Article 38.- The Ministry of Trade shall issue permits for the export and/or import of radioactive ml To resolve complaints and/or denunciations; sources, radiation apparatus, complete equipment, to deal with violations of legislation radiation safety technological chains using radioactive sources only and control according to law. after obtaining the written consent from the Ministry of Science, Technology and Environment. 2. The State management agency in charge of radiation safety and control under the Ministry of

Article 39.- The Ministry of Planning and Science, Technology and Environment shall act as Investment shall issue investment licenses or approval the body assisting the Minister of Science, Technology decision for construction of projects, technological and Environment in the exercise of State management chains using radioactive sources only after obtaining function over radiation safety and control in the whole country. the license of the Ministry of Science, Technology and Environment.

Article 35.- The Ministry of Health shall have to coordinate with the Ministry of Science, Technology Article 40.- and Environment in performing the following tasks: 1. The Customs offices shall not accomplish 1. To elaborate radiation safety standards for customs procedures for radioactive sources and goods radioactive pharmaceuticals, foods, foodstuffs, containing radioactive substances without the license drinking water and guidances for safety in diagnosis of the Ministry of Science, Technology and and treatment by radiation; Environment. In case of the lack of conditions for clearance of the customs procedures, they shall 2. To issue licenses for circulation of radioactive promptly inform the Ministry of Science, Technology pharmaceuticals and irradiated products; and Environment thereof for coordinated handling. pharmaceutical products, medical devices, food, foodstuffs, cigarette; 2. The Customs offices shall inspect and supervise the transportation of radioactive sources at border 3. To organize specialized health stations for gates. medical examination and health care for radiation personnel; to give first-aid and treatment to overdose- 3. The Ministry of Science, Technology and exposed persons or patient of radiation diseases; to Environment shall issue technical regulations in order organize periodical examination for detection of to ensure safe transport of radioactive substances occupational diseases by radiation;· (including radioactive sources and waste). 4. To issue the list of diseases and/or handicaps Article 41.- banned from working with radiation. 1. The ministries, the ministerial-level agencies

Article 36.- The Ministry of Labor, War Invalid and agencies attached to the Government shall, within and Social Affairs shall have to coordinate with the their respective functions, duties and powers, have to Ministry of Health, the Vietnam Confederation of coordinate with the Ministry of Science, Technology Labor and the Ministry of Science, Technology and and Environment in performing the State Environment in elaborating and submitting to the management over radiation safety and control in Government for promulgation or promulgate by itself establishments under their management as follows: according to its power, policies and regimes for radiation personnel. al To promulgate, according to their respective competence, legal documents on radiation safety and

Article 37.- The Ministry of Public Security shall control within the branch in accordance with the have to coordinate with the Ministry of Science, Ordinance on Radiation Safety and Control and this Technology and Environment in organizing: Decree. 1. The inspection of the observance of law bl To direct and inspect the observance of law 12 OFFICIAL GAZETTE No.25 (10-9~1998) provisions, plans and measures on radiation safety ministries. the State labor inspectors, environment and control within the branch. inspectors in performing the task of control and inspection of labor safety, labor hygiene and 2. The Ministry of Public Security and the Ministry enyironmental protection in performing radiation of National Defense shall have to ensure radiation work. safety for their radiation establishments, radiation- related activities under their management, which 4. To investigate radiation incidents and require confidentiality. coordinate with labor ~aJcty inspectors of the Labor, War Invalids and Social Affairs Services in

Article 42.- investigating case of labor accidents related to radiation, causing serious oYerexposure or death to 1. The People's Committees of the provinces and radiation worker(s). cities directly under the Central Government shall have to perform the State management over radiation 5. The Ministry of Science, Technology and safety and control in their respective locatives. Environment shall submit to the Government the annual report on radiation safety and control situation 2. The provincial/municipal Departments of Science, Technology and Environment shall have to (the quantity. use, import and preservation of assist the provincial/municipal People's committees radioactiYe sources ... ) throughout the country. in performing the State management over radiation safety and control within their respective localities. Article -14.- The duties, powers and organization of the 1. Regular radiation safety inspections st all be provincial/municipal Department of Science, carried out to implement the inspection prograr 1s and Technology and Environment in the field ofradiation plans approved by the Ministry of Science, Teem 1ology safety and control shall be specified by the People's and EnYironment. Committees of the provinces and cities directly under the Central Government under the guidance of the 2. Irregular radiation safety inspections shall be Ministry of Science, Technology and Environment. carried out when solving complaints and/or denunciations: when the Ministry of Science, Technology and Environment discovers signs of Chapter VT violation against the Ordinance on Radiation Safety and Control: or at the request of the Government, INSPECTION AND DEALING WITH State Inspectorate. VIOLATIONS

Article 45.- The Minister of Science, Technology

Article 43.- Radiation safety and control and Environment shall stipulate the organization, inspectorate is the specialized inspectorate in the field duties. power and operation of the specialized of radiation safety and control within the system of radiation safety and control inspectorate: issue the specialized science, technology and environment State regulation on the operation of the radiation safety and inspectorates of the Ministry of Science, Technology control inspectorate in accordance with the Ordinance and EnYironment. on Radiation Safety and Control and the Ordinance on Inspectorate. The Ministry of Science, Technology and Environment shall be responsible to the Government for the organization and guidance of the performance Article 46.- Organizations and/or individuals of specialized radiation safety and control inspection violating the Ordinance on Radiation Safety and function according to the following tasks: Control and this Decree shall, depending on the seriousness and nature of the violations. be 1. To control and inspect the implementation of disciplined, administratively sanctioned or examined the Ordinance on Radiation Safety and Control for penal liability as prescribed by law. throughout the country. For violations of stipulations in licenses or 2. To control and inspect the observance of law violations which are causing or will cause radiation provisions on radiation safety and control by _radiation incidents, the competent bodies or inspectors shall establishments. have to immediately issue decisions to temporarily suspend part or the whole of the work in order to 3. To coordinate with inspectors of other avoid serious consequences. No.25 (10-9-1998) OFFICIAL GAZETTE 13 Chapter VII IMPLEMENTATION PROVISIONS

Article 47. - This Decree shall take effect 15 (fifteen) days after its signing. All previous provisions contrary to this Decree shall be repealed.

Article 48.- The Ministry of Science, Technology and Environment shall have to guide in detail the implementation of this Decree.

Article 49.- The ministers. heads of the ministerial-level agencies, heads of the agencies attached to the Government and presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree. For the Government Prime Minister PHAN VAN KHAI