Decree No. 51/2006/ND-CP Providing for the Sanctioning of Administrative Violations in the Domain of Radiation Safety and Control

Article 2.- Interpretation of terms

Article 1.- Scope of regulation and subjects of In this Decree the terms below are construed as application follows: 1. This Decree defines administrative violations in 1. "Irradiation facilities" mean any ionizing radiation the domain of radiation safety and control, the equipment, including equipment which radiates only sanctioning forms and levels, the sanctioning when in operation (such as X-ray machines, competence and procedures, and remedies for such accelerators...) and equipment attached with inner violations. radioactive sources (such as remote radiotherapy 2. This Decree applies to all individuals and equipment, piezo radiotherapy equipment, dosimeters organizations that intentionally or unintentionally used in industries and research, X-ray machines used commit acts of violating the provisions of law on state in analysis at jeweler's, radiation establishments, management in the domain of radiation safety and nuclear reactors, etc.). Issue nas 11·12/May 2006 OFFICIAL GAZETTE 7 (C6ng Baa no31/May 29, 2006) 2. "Radioactive sources" mean radioactive just and thorough manner; all consequences caused materials which are used separately or together with by administrative violations must be remedied in equipment in the application of nuclear techniques for accordance with the provisions of law. a certain purpose. Radioactive sources may be sealed 3. The sanctioning of administrative violations in or open. the domain of radiation safety and control must be 3. "Sealed radioactive sources" mean radioactive carried out by competent persons in strict compliance materials encased in specially-structured capsules with the provisions of law on sanctioning of which help prevent its leakage into the environment administrative violations. under normal working conditions or in case of radiation incidents. 4. An act of administrative violation shall be 4. "Open radioactive sources" mean radioactive sanctioned only once; a person committing many acts materials not encased in capsules but having the of administrative violation shall be sanctioned for every special structure like the sealed ones, which can be act of violation; where many persons jointly commit split in the use duration or easily leaked under normal an act of administrative violation, every violator shall use conditions. be sanctioned. 5. "Radiation safety services" mean activities in 5. The sanctioning of administrative violations must service of radiation safety-related jobs of radiation be based on the nature and severity of such violations, establishments such as metering personal radiation on personal records of the violators and on extenuating dose; designing, building, renovating, expanding or as well as aggravating circumstances so that upgrading such radiation establishments as X-ray appropriate sanctioning forms and levels as well as chambers, nuclear medicine departments, remote remedies shall be decided in accordance with the radiotherapy establishments, radioactive source provisions of this Decree. deposits, radioactive material and waste deposits; assessing radiation safety and impacts on the 6. Sanctions shall not be imposed for administrative environment; inspecting quality of irradiation facilities; violations committed in cases of emergency, legitimate standardizing radiation meters and equipment. self-defense, unforeseeable incidents or when violators suffer from mental diseases or other 6. "Transportation index" means the index used to diseases, which deprive them of the capacity to control irradiation, to set the quantity of radioactive cognize or control their acts. materials for radioactive goods packages so as to ensure safety in the transportation process. 7. Where an individual or organization commits many acts of administrative violation at a time,

Article 3.- Sanctioning principles including violations in the domain of radiation safety 1. Individuals or organizations shall be sanctioned and control, the sanctioning competence shall be in the domain of radiation safety and control only when determined on the principles defined in Clause 3, they commit acts of violation specified in Chapter II of Article 42 of the Ordinance on Handling of this Decree. Administrative Violations. 2. All administrative violations, when detected, must 8. When deeming that acts of administrative be stopped immediately. The sanctioning of violation in the domain of radiation safety and control administrative violations must be conducted in a swift, show signs of crimes, the competent persons defined • 8 OFFICIAL GAZETTE Issuenos 11-12/May 2006 (Gong Baa no31/May 29, 2006) in Articles 23, 24 and 25 of this Decree shali transfer 2. Depending on the nature and severity of their dossiers to competent criminal proceedings- violations, individuals or organizations committing conducting agencies for handling. administrative violations in the domain of radiation safety and control may also be subject to one of the It is prohibited to apply administrative sanctions foliowing additional sanctioning forms: against violations showing signs of crimes in the domain of radiation safety and control. al Deprivation of the right to use permits in the domain of radiation safety and control for up to 6 9. The extenuating and aggravating circumstances months; shali comply with the provisions of Articles 8 and 9 of the 2002 Ordinance on Handling of Administrative bl Confiscation of material evidences and/or means Violations. used for commission of administrative violations. 3. Apart from the above principal and additional

Article 4.- Sanctioning forms and remedies sanctioning forms, individuals or organizations 1. For every act of administrative violation in the committing administrative violations may also be domain of radiation safety and control, the violating compelled to apply one or some of the foliowing individuals or organizations shali be subject to one of remedies: the foliowing principal sanctioning forms: al Compelied decontamination of the contaminated areas up to the environmental standards; al Caution: This form shali apply to minor and first- time violations involving extenuating circumstances bl Compelied restoration of the initial state, which or to any act of administrative violation committed by has been altered by administrative violations; minors aged between full 14 years and under 16 years; cl Compelied destruction or burial of objects andl bl Fines: Based on the nature and severity of or goods containing radioactive materials strictly violations, the competent persons shali decide on fine according to regulations on radiatlon safety; levels within the prescribed fine bracket. dl Compelied renovation of construction structures In case of fine, the specific fine level for an act of or shielding according to radiation safety standards administrative violation shali be the average level of so as to protect the surrounding environment; the fine bracket provided for such act without el Compelled re-export of imported material extenuating or aggravating circumstances. The evidences of violations under the provisions of law; average level of the fine bracket shali be determined fl Compelied recovery of material evidences which by equaliy dividing the total of the minimum level and have been dispersed; search for radiation sources so the maximum one. as to restore the initial state; For violations involving extenuating circumstances, gl Compelied arrangement of appropriate jobs for the fine levels may be reduced but must not be lower persons under 18 years of age or persons affected than minimum level of the prescribed fine bracket. with diseases prescribed by the Health Ministry; for For violations involving aggravating circumstances, pregnant or breastfeeding women according to the the fine levels may be increased but must not be higher provisions of Clause 1, Article 6 and Clause 3, Article than maximum level of the prescribed fine bracket. 10 of the Government's Decree No. 50/1998/ND-CP Issue nos 11·12/May 2006 OFFICIAL GAZETTE 9 (Gong BaD no 31/May 29, 2006) of July 16, 1998, detailing the implementation of the recalculated counting from the time they commit new Ordinance on Radiation Safety and Control and the administrative violations or the time they stop their Labor Code. acts of shirking or obstructing the sanctioning. hi Other remedies as provided for in Chapter II of 4. If, within one year after executing sanctioning this Decree. decisions or after the expiration of the statute of limitations for execution of sanctioning decisions,

Article 5.- Statute of limitations for sanctioning individuals or organizations sanctioned for administrative violations and time limit for being administrative violations have not relapsed into the considered as having not yet been sanctioned for violations, they shall be considered as having not yet administrative violations been sanctioned for administrative violations in 1. The statute of limitations for sanctioning an radiation safety and control. administrative violation in the domain of radiation safety and control shall be two years as from the date Chapter II such violation is committed. Past this time limit, the ACTS OFADMINISTRATIVE VIOLATION, individual or organization that has committed the SANCTIONING FORMS AND LEVELS administrative violation shall not be sanctioned but still be subject to the remedies provided for in Clause 3,

Article 6.- Acts of violating the regulations on

Article 4 of this Decree. declaration 2. Where individuals have committed acts of 1. A fine of between VND 1,500,000 and VND violating the law on radiation safety and control and 3,000,000 shall be imposed on individuals or been subject to lawsuit initiation, prosecution or organizations that commit one of the acts of violating decisions to bring the cases to trial according to the regulations on declaring radiation establishments, criminal procedures but later the decisions to terminate radioactive sources, irradiation facilities, radioactive the investigation or the cases are issued, such materials or performance of radiation jobs, specifically: individuals shall be administratively sanctioned, al Committing frauds in making declaration or provided that their acts show signs of administrative making incomplete declaration; violations; in this case, the statute of limitations for sanctioning of administrative violations shall be three bl Modifying, erasing dossiers in order to be months counting from the date the persons competent qualified for exemption of declaration; to impose sanctions receive the termination decisions cI Failing to declare radiation establishments; and dossiers of the violations. dl Failing to declare radioactive sources; 3. Within the time limits specified in Clauses 1 and el Failing to declare irradiation facilities; 2 of this Article, if concerned individuals or fl Failing to declare radioactive wastes; organizations commit new acts of administrative gl Failing to declare the performance of radiation violation in the domain of radiation safety and control jobs. or deliberately shirk or obstruct the sanctioning, the statute of limitations defined in Clauses 1 and 2 of this 2. Remedy: Compelling individualsor organizations Article shall not apply. The statute of limitations for violating the provisions of Clause 1 of this Article to sanctioning of administrative violations shall be make declaration in accordance with the provisions • 10 OFFICIAL GAZETTE Issue nos 11-12/May 2006 (Gong Bao no 31/May 29, 2006) of Article 22 of the Ordinance on Radiation Safety and 3. A fine of between VND 5,000,000 and VND Control. 15,000,000 shall be imposed on individuals or organizations that commit one of the following acts

Article 7.- Acts of violating the regulations on without permits: registration al Using radioactive sources or irradiation facilities 1. A fine of between VND 1,500,000 and VND in medical examination or treatment; 3,000,000 shall be imposed on individuals or bl Using radioactive sources for analyzing the organizations that commit fraudulentacts in registering structure or chemical composition of materials, radioactive sources, irradiation facilities and inspecting the quality of works, conducting security, radioactive waste deposits. metrological or goods quality check; 2. A fine of between VND 5,000,000 and VND cI Using radioactive sources or irradiation facilities 10,000,000 shall be imposed on individuals or for scientific tests or research. organizations that have radioactive sources,irradiation 4. A fine of between VND 15,000,000 and VND facilities or radioactive wastes but fail to register them 25,000,000 shall be imposed on individuals or according to the regulations on radioactive sources organizations that commit one of the following acts and radioactive waste deposits. without permits: 3. Remedy: Compelling violating individuals or al Importing, exporting, temporarily importing for organizations defined in Clauses 1 and 20flhisArticie re-export or temporarily exporting for re-import to make registration according to the provisions of radioactive sources or irradiation facilities;

Article 23 of the Ordinance on Radiation Safety and Control. bl Repairing, assembling, replacing radioactive sources or irradiation facilities;

Article 8.- Acts of violating the regulations on cl Turning out products or consumer goods permits containing radioactive materials; 1. A fine of between VND 1,500,000 and VND dl Transporting in transit radioactive sources, 3,000,000 shall be imposed on individuals or irradiation facilities or radioactive wastes. organizations that commit fraudulent acts in the process of applying for radiation safety permits under 5. A fine of between VND 30,000,000 and VND the provisions of the Ordinance on Radiation Safety 50,000,000 shall be imposed on individuals or and Control. organizations that commit one of the following acts without permits: 2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on individuals or al Producing sealed or open radioactive sources organizations that commit one of the following acts or irradiation facilities; without permits: bl Conducting irradiation activities (i.e., using accelerators, X-ray equipment, equipment using al Doing special radiation jobs; radioactive sources of high activity which may create bl Providing services related to radiation safety. a powerful radiation field for sterilization or handling Issue nos 11·12/May 2006 OFFICiAL GAZETTE 11 (Gong Beo no31/May 29, 2006) and preservation of commercial products) or Article 10.- Acts of using expired permits radiographic activities; 1. A fine of between VND 1,000,000 and VND cI Exploiting or processing radioactive ores; 2,000,000 shall be imposed on individuals or dl Treating, burying radioactive wastes. organizations that use operation permits for radiation establishments, permits for conducting radiation jobs 6. Remedies: or permits for staff members doing special radiation al Compelling individuals or organizations that jobs, which have expired, but for not more than 30 commit violations defined in Clauses 2, 3, 4 and 5 of days as from the expiry date. this Article to apply measures to ensure radiation safety; 2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed on individuals or bl Compelling individuals or organizations that organizations that use operation permits for radiation commit violations defined at Point c, Clause 4 of this establishments, permits for conducting radiation jobs Article to destroy or bury products or consumer goods or permits for staff members doing special radiation containing radioactive sources in excess of the law- jobs, which have expired, for cases other than those prescribed limits. specified in Clause 1 of this Article. cl Compelling individuals or organizations that commit violations defined in Clauses 1, 2, 3, 4 and 5 3. Remedy: Compelling individualsor organizations of this Article to apply for permits according to the that commit acts of violation defined in Clauses 1 and provisions of Article 24 of the Ordinance on Radiation 2 of this Article to apply for permit extension according Safety and Control within 30 days after receiving the to the provisions of Article 26 of the Ordinance on handling decisions of competent persons. Radiation Safety and Control within 30 days after receivingthe handling decisions of competentpersons.

Article 9.- Acts of violating the requlations on upgrading and renovating radiation establishments Article 11.- Acts of violating the conditions set in permits 1. A fine of between VND 3,000,000 and VND 8,000,000 shall be imposed on individuals or 1. A fine of between VND 2,000,000 and VND organizations that commit one of the following acts 5,000,000 shall be imposed on individuals or without permits: organizations that violate one of the conditions prescribed in the permits. al Arbitrarily upgrading or expanding the scope of operation of radiation establishments; 2. A fine of between VND 5,000,000 and VND bl Resuming the operation of radiation 10,000,000 shall be imposed on individuals or establishments after upgrading or improving them. organizations that use radioactive sources or irradiation facilities for purposes other than those 2. Remedy:Compelling individuals or organizations stated in the permits issued by state management that commit acts of violation defined in Clause 1 of agencies in charge of radiation safety and control. this Article to apply for permits according to the provisions of Article 24 of the Ordinance on Radiation 3. Additional sanctioning forms: Depriving of the Safety and Control within 30 days after receiving the right to use permits for up to 3 months, for acts of handling decisions of competent persons. violation defined in Clause 1 of this Article, and for up 12 OFFICIAL GAZETTE Issue nos 11-12/May 2006 (Gong Bao no31/May 29, 2006) to 6 months, for violation acts defined in Clause 2 of organizations that commit one of the following acts: this Article. al Purchasing, selling, presenting, donating, 4. Remedy: Compelling individuals or organizations borrowing, lending, renting or leasing radioactive committing acts of violation defined in Clauses 1 and sources or irradiation facilities without permits; 2 of this Article to comply with the conditions prescribed bl Storing radioactive sources and temporarily in the permits. preserving radioactive wastes without permits. 2. A fine of between VND 25,000,000 and VND

Article 12.- Acts of violating the regulations on 50,000,000 shall be imposed on individuals or import and export of irradiation facilities, radioactive organizations that lose, misplace or drop radioactive sources and radioactive wastes sources or irradiation facilities due to lack of 1. A fine of between VND 5,000,000 and VND responsibilities in their management and use. 10,000,000 shall be imposed on individuals or 3. A fine of between VND 50,000,000 and VND organizations that commit acts of importing or 70,000,000 shall be imposed on individuals or exporting irradiation facilities or radioactive wastes with organizations that commit acts of violation defined in technical parameters different from those stated in their Clause 2 of this Article but deliberately decline to report permits. thereon to state management agencies in charge of 2. A fine of between VND 10,000,000 and VND radiation safety and control. 20,000,000 shall be imposed on individuals or 4. Additional sanctioning form: Confiscating organizations that commit acts of importing irradiation material evidences and means used by individuals or facilities, radioactive sources or radioactive wastes on organizations for committing acts of violation defined the list of goods banned from import. at Points a and b, Clause 1 of this Article and bringing 3.Additional sanctioning form: Depriving of the right them to the nearest radioactive source deposits which to use radiation safety permits for up to 6 months, for have already been licensed by the Ministry of Science individuals or organizations committing violations and Technology. mentioned in Clauses 1 and 2 of this Article. 5. Remedies: 4. Remedy: Compelling individuals or organizations al Compelling individuals or organizations that committing violations mentioned in Clauses 1 and 2 commit acts of violation defined at Points a and b, of this Article to take immediate measures to ensure Clause 1 of this Article to apply radiation safety radiation safety and re-export material evidences of measures according to the provisions of law and violations in strict compliance with the provisions of supply full information to state management agencies law. in charge of radiation safety and control. bl Compelling individuals or organizations that

Article 13.- Acts of violating the regulations on commit acts of violation defined in Clauses 2 and 3 of storing, preservation and transfer of radioactive this Article to apply the following measures: sources, irradiation facilities and radioactive wastes immediately notifying state management agencies in 1. A fine of between VND 20,000,000 and VND charge of radiation safety and control and the nearest 45,000,000 shall be imposed on individuals or police offices thereof; searching for radioactivesources Issue nos 11-12/May 2006 OFFICIAL GAZETTE 13 (Gong Bao no 31/May 29, 2006) to restore the initial state; all expenses therefor shall Clause 2 of this Article, affecting human health and be borne by individuals or organizations managing the environment. and/or using radioactivesources or irradiationfacilities. 4. Additional sanctioning form: Depriving of the right

Article 14.- Acts of violating the regulations on to use permits for up to 3 months, for individuals or transportation of radioactive sources or radioactive organizations that violate one of the provisions of wastes Clause 1 of this Article. 1. A fine of between VND 5,000,000 and VND 5. Remedies: 10,000,000 shall be imposed on individuals or a/ Compelling individuals or organizations violating organizations that commit one of the following acts: one of the provisions of Clause 1 of this Article to a/ Transporting radioactive sources or radioactive conduct the transportation strictly according to the wastes at variance with the quantities, types or routes provisions of transport permits and apply the specified in the permits issued by competent . prescribed radiation safety measures; authorities; b/ Compelling individuals or organizations b/ Using means of transport in contravention of the committing violations defined in Clause 2 or 3 of this regulations on radiation safety; Article to apply the following measures: Immediately notifying state management agencies in charge of c/ Violating the regulations on packages, packing radiation safety and control and the nearest police and symbols related to radiation safety in the offices thereof; recovering the dropped radioactive transportation of radioactive sources or radioactive sources or radioactive wastes and decontaminating wastes; the contaminated areas up to environmental d/ Transporting radioactive sources or radioactive standards; all expenses therefor shall be borne by wastes without staff members in charge of radiation individuals or organizations that transport radioactive safety (except for the transportation of irradiation sources or radioactive wastes. facilities which irradiate only in operation);

Article 15.- Acts of violating the regulations on e/ Transporting goods packages or goods lots in service jobs related to radiation safety excess of the set transportation index; f/ Transporting such goods under the conditions 1. A fine of between VND 3,000,000 and VND that the radiation dose in cabin or at passenger seats 10,000,000 shall be imposed on organizations or exceeds the prescribed radiation safety limit. individuals that commit one of the following acts: 2. A fine of between VND 20,000,000 and VND a/ Providing services related to radiation safety in 45,000,000 shall be imposed on individuals or violation of the regulations on radiation safety; organizations that commit acts of dropping radioactive b/ Providing services related to radiation safety sources or radioactive wastes in the course of beyond the powers delegated by state management transportation. agencies in charge of radiation safety and control; 3. A fine of between VND 50,000,000 and VND c/ Failing to periodically report on the resuits of 70,000,000 shall be imposed on individuals or metering personal radiation doses to state organizations that commit acts of violation defined in management agencies in charge of radiation safety 14 OFFICIAL GAZETTE Issue nos 11-12/May 2006 (Cong Baa no 31/May 29, 2006) and control according to the provisions of law, 2, A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on individuals or 2, A fine of between VND 10,000,000 and VND organizations that use radioactive waste tanks or 20,000,000 shall be imposed on individuals or deposits not according to the set radiation safety organizations that use radioactive sources or standards, irradiation facilities not up to the set quality standards for medical diagnosis, examination or treatment. 3, A fine of between VND 10,000,000 and VND 25,000,000 shall be imposed on individuals or 3,Additional sanctioning form: Depriving of the right organizations that fail to organize the collection of to use permits for up to 6 months, for acts of violation radioactive wastes, defined in Clause 1 of this Article, 4, A fine of between VND 20,000,000 and VND 4, Remedies: 45,000,000 shall be imposed on individuals or a/ Compelling individuals or organizations that organizations that discharge radioactive wastes in commit acts of violation defined at Point a, Clause 1 excess of the prescribed limits, adversely affecting of this Article to observe the regulations on radiation human health and the environment safety; or acts of violation defined at Point b, Clause 1 5, Remedies: of this Article to strictly comply with their delegated powers; al Compelling the renovation of radioactive waste bl Compelling individuals or organizations that tanks or deposits up to the set standards, for acts of commit acts of violation defined at Point c, Clause 1 violation defined in Clause 2 of this Article; of this Article to report on the results of metering bl Compelling the decontamination of contaminated personal radiation doses according to the provisions areas, for acts of violation defined in Clauses 3 and 4 of Clause 2, Article 13 of the Government's Decree of this Article, so as to attain environmental standards; No, 50/1998/ND-CP of July 16, 1998; cl Compelling individuals or organizations cl Compelling individuals or organizations that committing violations defined in Clause 3 of this Article commit acts of violation defined in Clause 2 of this to collect radioactive wastes according to regulations; Article to conduct repair or modification so as to attain the set quality standards, dl Compelling individuals or organizations committing violations defined in Clause 4 of this Article

Article 16,- Acts of violating the regulations on not to discharge radioactive wastes into the handling and management of radioactive wastes environment in excess of the prescribed limits, 1, A fine of between VND 3,000,000 and VND Article 17,-Acts of violating the regulations on the 8,000,000 shall be imposed on individuals or location of radiation establishments organizations that commit one of the following acts: 1, A fine of between VND 5,000,000 and VND al Failing to compile dossiers on preservation of 15,000,000 shall be imposed on individuals or particularities of radioactive wastes of each discharge; organizations that locate radiation establishments at b/ Failing to treat or treating radioactive wastes not sites other than those approved by state management according to the set radiation safety standards, agencies in charge of radiation safety and control. Issue nos 11·12/May 2006 OFFICIAL GAZETTE 15 (Gong BaD no31/May 29, 2006) 2. Remedy: Compelling the relocation of radiation environmental protection establishments to the sites already approved by state 1. A fine of between VND 10,000,000 and VND management agencies in charge of radiation safety 20,000,000 shall be imposed on individuals or and control. organizations that produce, treat or use radioactive

Article 18.- Acts of violating the regulations on materials or sources, causing the environment shielding and room sizes for radiation jobs contamination. 1. A fine of between VND 3,000,000 and VND 2. A fine of between VND 15,000,000 and VND 8,000,000 shall be imposed on individuals or 30,000,000 shall be imposed on individuals or organizations that commit one of the following acts: organizations that fail to promptly take measures when detecting the contamination of the environment. al Leaking radiation rays in excess of the permitted radiation doses; 3. A fine of between VND 35,000,000 and VND 70,000,000 shall be imposed on individuals or bi Using rooms for performing radiation jobs, with organizations that bury or treat radioactive wastes, walls, ceilings, floors, doors or windows being not thick thereby contaminating or affecting the environment enough according to radiation safety regulations or and people's health. with the height from the window's or air vent's bottom rail to the ground outside being less than 2 meters. 4. Additional sanctioning form: DepriVing of the right to use permits in the domain of radiation safety and 2. A fine of between VND 3,000,000 to VND control for up to 6 months, for individuals or 10,000,000 shall be imposed on individuals or organizations that commit acts of violation defined in organizations that use rooms with sizes not up to the Clauses 1, 2 and 3 of this Article. prescribed standards for performance of radiationjobs. 5. Remedies: 3. Additional sanctioning form: Depriving of the right to use permits for up to 3 months, for individuals or aI Compelling the decontaminationof contaminated organizations violating the provisions of Clause 1 of areas up to the environmental standards, for acts of this Article. violations defined in Clauses 1 and 2 of this Article; 4. Remedies: bl Compelling individuals or organizations that commit acts of violation defined in Clause 3 of this ai Compelling individuals or organizations violating Article to observe the provisions of Point a, Clause 5 Clause 1 of this Article to renovate the rooms so that of this Article and bury or treat radioactive wastes up they have appropriate structure under the regulations to environmental standards; on radiation shielding; bl Compelling individuals or organizations violating cl Remedying expenses shall be borne by Clause 2 of this Article to renovate the rooms so that individuals or organizations that commit acts of they have appropriatesizes according to set standards violation defined in Clauses 1, 2 and 3 of this Article. for performance of radiation jobs.

Article 20.- Acts of violating the specific provisions

Article 19.- Acts of violating the regulations on ofthe Ordinance on Radiation Safety and Control and • 16 OFFICIAL GAZETTE Issue nos 11.12/May 2006 (Gong BaD no 31/May 29, 2006) Decree No. 50/1998/ND-CP violations: 1. A caution or fine of between VND 200,000 and al Failing to appoint persons to take charge of VND 1,000,000 shall be imposed on individuals or radiation safety; organizations that commit one of the following bl Appointing persons without radiation safety violations: training certificates as prescribed in Articles 5, 8 and al Failing to put up radiation-warning signboards 26 of the Government's Decree No. 50/1998/ND-CP or lights at prescribed places; of July 16, 1998 to take charge of radiation safety; bl Failing to work out radiation safety regulations cl Failing to organize training and retraining on for radiation establishments; radiation safety knowledge for radiation staff members c/ Having no processes for operation of irradiation according to the provisions of the Government's facilities. Decree No. 50/1998/ND-CP of July 16, 1998; 2. A fine of between VND 2,000,000 and VND dl Failing to set up radiation incident prevention 3,000,000 shall be imposed on individuals or and fighting teams suitable with the scope of the organizations that fail to keep one of the following establishments' operation. dossiers: 4. A fine of between VND 2,000,000 and VND al The dossier on radiological survey; 5,000,000 shall be imposed on individuals or organizations that commit one of the following bl The dossier on periodical maintenance of violations: radiation safety machinery and systems; al Recruiting people aged under 18 years to work cl The medical dossiers of radiation staff members; as radiation staff members; dl The dossiers on personal radiation doses of bl Recruiting people affected with forbidden radiation staff members; diseases to work as radiation staff members; el The dossiers on the upgrading and expansion of the scope of operation of radiation establishments, cl Failing to give regular health-checks to radiation staff members under regulations; quality inspection, periodical expertise and annual standardization of irradiation facilities and radioactive dl Letting pregnant or breastfeeding women to sources under regulations; perform radiation-related work; fl The equipment operation logbooks; el Failing to equip radiation staff members with gl The dossiers on the discharge of radioactive personal radiation dosimeters; wastes; f! Failing to organize periodical evaluation of hi The dossiers on irradiation facilities and personal radiation doses under regulations; radioactive sources. gl Failing to equip radiation staff members with appropriate labor protection devices; 3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on individuals or hi Failing to equip appropriate radiation absorbers organizations that commit one of the following for jobs related to radioactive materials, which emit Issue nos 11-12/May 2006 OFFICIAL GAZETTE 17 (Gong Blio no 31/May 2g, 2006) gas, steam or aerosol; agencies; il Having no appropriate shields for every type of il Failing to apply all measures under their job applying nuclear techniques; responsibilities in case of radiation incidents; jl Failing to conduct periodical quality inspection jl Failing to obey or to strictly obey orders on urgent of irradiation facilities for medical use; mobilization of manpower, supplies or means for redressing the radiation incidents; kl Failing to conduct annual standardization of radiation dosimeters or radiotherapeutic sources; kI Obstructing the implementation of or failing to 1/ Modifying, falsifying parameters of Irradiation strictly follow instructions when functional agencies facilities without standardization and permission for redress the radiation incidents. their use resumption. 6. A fine of between VND 10,000,000 and VND 5. A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed on individuals or 10,000,000 shall be Imposed on individuals or organizations that commit one of the following acts: organizations that commit one of the following al Removing radiation safety protection systems violations: without permission; aJ Failingto inventory radioactive sourcesannually; bl Failing to organize periodical maintenance of bl Falling to report on the annual radiation safety radiation safety protection systems, which leads to the situation to state management.agencies in charge of violation of radiation safety regulations. radiation safety and control; 7. Remedies cl Failing to conduct periodical radiological survey al Compelling Individuals or organizations that of the environment surrounding radiation commit violations defined in Clause 1 of this Article to establishments; put up signboards or elaborate entry and exit dl Failing to conduct periodical radiological survey regulations of radiation establishments; and to of working places of radiation staff members; formulate process of operation of irradiation facilities; el Failing to equip establishments that have bl Compelling individuals or organizations that reactors, accelerators or irradiators, remote commit violations defined in Clause 2 of this Article to radiotherapy establishments or establishments make and keep dossiers on radiation safety and exploiting and processing radioactive ores with control; radiation warning devices; cl Compelling Individuals or organizations that fl Having no radiation incident-prevention and - commit violations defined at Points a, band c, Clause fighting plans; 3 of this Article to observe the regulations on appointment of persons to take charge of radiation gl Failing to promptly detect or handling radiation safety and provide radiation safety training for them incidents at variance with the plans; as well as for radiation staff members; individuals or hi Failing to promptly report to state management organizations that commit violations defined at Point agencies in charge of radiation safety and relevant d, Clause 3 of this Article to set up radiation incident 18 OFFiCIAL GAZETTE Issue nos 11-12/May 2006 (Gong Bao no 31/May 29, 2006) prevention and fighting teams suitable with the scope organizations that dissolve radiation establishments of operation of the establishments; in contravention of the procedures and order provided for in Article 15 of the Government's Decree No. 501 dl Compelling individuals or organizations that 1998/ND-CP of July 16, 1998. commit violations defined at Points a, band d, Clause 4 of this Article to implement the provisions of Point g, 2. Remedy: Compelling individuals or organizations Clause 3, Article 4 of this Decree; those that commit that have dissolved radiation establishments to strictly violations defined at Points c, e, f, g, Clause 4 of this comply with the procedures and order on dissolution Article to go through health checks, and equip radiation of radiation establishments according to the provisions staff members with personal dosimeters or labor of law. protection devices; and those that commit violations defined at Points h, i, j, k and I, Clause 4 of this Article Article 22.- Acts of obstructing the state to standardize and expertise irradiation facilities and management in the domain of radiation safety and safety equipment in accordance with the provisions control of law; 1.Acaution or a fine of between VND 100,000 and el Compelling individuals or organizations that VND 200,000 shall be imposed on individuals or commit violations defined at Points a and b, Clause 5 organizations that commit one of the followinq acts: of this Article to conduct Inventory and report on the al Refusing to supply Information or documents on situation of radiation safety; those that commit contents related to radiation safety inspection or violations defined at Points c and d, Clause 5 of this examination; Article to conduct periodical radiological survey according to regulations; those that commit violations bl Supplying incomplete information to persons defined at Points e, Clause 5 of this Article to equip competent to inspect or examine radiation safety. radiation warning machines; and those that commit 2. A fine of between VND 1,000,000 and VND violations defined at Points f, g, h, I, j and k, Clause 5 2,000,000 shall be imposed on individuals or of this Article to adopt plans for radiation Incident organizations that commit one of the following acts: prevention and fighting; handle incidents according to plans; promptly report to management agencies in al Insulting or threatening officers who are charge of radiation safety and relevant agencies; performing official duty in the domain of radiation safety apply all measures within the ambit of their and control; responsibilities in case of radiation incidents; abide bl Shirking, hindering or delaying the realization of by orders on urgent mobilization of rnanpower, contents, requests or proposals of persons competent supplies and means to remedy incidents; and follow to conduct or decide on inspection or examination of instructions when functional agencies redress radiation safety and control. radiation incidents. Chapter III

Article 21.- Acts of violating the regulations on SANCTIONING COMPETENCE AND dissolution of radiation establishments PROCEDURES 1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on individuals or Article 23.- Sanctioning competence of the Issue nos 11-12fMay 2006 OFFICIAL GAZETTE 19 (Cong Baa no 31/May 29, 2006) People's Committees at all levels safety and control-specialized inspectorates 1. Presidents of district-level People's Committees 1. Radiation safety and control-specialized shall have the power: inspectors of the Ministry of Science and Technology and provincial/municipal Science and Technology al To impose caution; Services, who are on duty, shall have the power to b/ To impose fines of up to VND 20,000,000; apply sanctioning forms defined in Chapter II of this c/ To confiscate material evidences and means Decree to administrative violations, including: used for commission of administrative violations; al Caution or fine of up to VND 200,000; dl To apply one or several remedies according to bl Confiscation of material evidences and means the provisions of Points a, b, c, d, f, g and h, Clause 3, used for commission of administrative violations, which

Article 4 of this Decree. are valued at up to VND 2,000,000; 2. Presidents of provincial-level People's c/ Application of the remedies provided for at Points Committees shall have the power to apply forms of a, b, c, d, f, g and h, Clause 3,Article 4 of this Decree. sanctioning administrative violations provided for in

Article 30 of the Ordinance on Handling of 2. The chief inspectors of provincial/municipal Administrative Violations with regard to administrative Science and TechnologyServices shall have the power violations defined in Chapter II of this Decree, to apply the sanctioning forms defined in Chapter II of including: this Decree to administrative violations, including: al Caution; al Caution or fine of up to VND 20,000,000; bl Fine of up to VND 70,000,000; b/ Confiscation of material evidences and means cl Confiscation of material evidences and means used for commission of administrative violations; used for commission of administrative violations; c/ Application of the remedies provided for at Points dl Deprivation of the right to use permits granted a, b, c, d, f, g and h, Clause 3, Article 4 of this Decree. by provincial/municipal Science and Technology Services for up to 6 months; 3. The chief inspector of the Ministry of Science and Technology shall have the power to apply In case of depriving of the right to use permits in sanctioning forms defined in Chapter II of this Decree the domain of radiation safety and control, issued by to administrative violations, including: superior state management agencies in charge radiation safety and control, presidents of provincial- a/ Caution or fine of up to VND 70,000,000; level People's Committees shall issue decisions to bl Confiscation of material evidences and means stop acts of violation, withdraw permits and request used for commission of administrative violations; competent agencies to deprive of the right to use such permits. cl Deprivation of the right to use permits issued by state management agencies in charge of radiation e/ Application of one or several measures provided for in Clause 3, Article 4 of this Decree. safety and control under the Ministry of Science and Technology or by directors of provincial/municipal

Article 24.- Sanctioning competence of radiation Science and Technology Services, for up to 6 months; 20 OFFICIAL GAZETTE Issue nos 11-12/May 2006 (Gong Baa no31/May 29, 2006) dl Application of the remedies provided for in municipal Science and TechnologyServices shall have Clause 3, Article 4 of this Decree. the power to sanction administrative violations in the domain of radiation safety and control which fall under

Article 25.- Sanctioning competence of the the management scope of the heads of the same level. people's police, border-guards, coast guards, customs Where administrative violations go beyond the offices, market management forces and other sanctioning competence of chief inspectors of specialized inspectorates provincial/municipal Science and Technology The people's police, border-guards, coast guards, Services, the violation dossiers shall be transferred customs offices, market management forces and other to presidents of provincial-level People's Committees specialized inspectorates shall have the power to for sanctioning such violations according to their sanction administrative violations according to the competence. provisions of Articles 31, 32, 33, 34, 37 and 38 of the 3. The competence of the persons defined in Article 2002 Ordinance on Handling of Administrative 25 of this Decree to sanction administrative violations Violations with regard to administrative violations in the domain of radiation safety and control shall related to radiation safety and control under the state comply with the provisions of Article 42 of the management scope of their respective ministries or Ordinance on Handling of Administrative Violations. branches.

Article 26.- Responsibilities of state management Article 28.- Procedures for sanctioning administrative violations agencies in charge of radiation safety and control in handling of administrative violations 1. When detecting administrative violations or signs The Agency for Radiation and Nuclear Safety and of administrative violations on radiation safety and Control under the Ministry of Science and Technology control, the persons competent to impose sanctions shall assist the Minister in performing the function of shall have to immediately order the termination of such state management of radiation safety and control, and violations and ask concerned individuals or coordinate with other central and local competent organizations to strictly comply with the provisions of agencies in handling administrative violations and law on radiation safety and control. remedying radiation incidents according to the 2. If clearly determining that the vioiations are regulations on radiation safety and control and at the subject to caution, the persons competent to impose latter's request. sanctions shall not make records but issue sanctioning

Article 27.- Principles for defining the sanctioning decisions right at the places of violations. competence If deeming that the violations may be subject to fines, the persons competent to impose sanctions shall 1. Presidents of provincial- or district-level People's make records on such administrative vioiations Committees shall have the power to sanction according to the provisions of Article 55 of the administrative violations in the domain of radiation Ordinance on Handling of Administrative Violations. safety and control in their respective localities. The persons making records of administrative 2. Chief inspectors and specialized inspectors of violations must create conditions for violating the Ministry of Science and Technology, and provinciall individuals or organizations to express their opinions Issue nos 11-12/May 2006 OFFICIAL GAZETTE 21 (Gong BaD no 31/May 29, 2006) on the violations. within 3 days as from the date of their signing, and concurrently to state management agencies in charge 3. If deeming that the handling of violations needs of radiation safety and control under the Ministry of evaluations or conclusions of radiation safety and Science and Technology for coordinated monitoring control professional agencies, the persons competent and implementation of the procedures for permit to impose sanctions shall only make inspection, issuance, modification, invalidation and cancellation. examination or control records to serve as a basis for handling. At the same time, the persons competent to Artic/e 29.- Procedures for deprivation of the right impose sanctions shall send dossiers and material to use permits evidences of violations as well as written requests for expertise to state management agencies in charge of 1. When depriving of the right to use permits, the radiation safety and control according to the provisions persons competent to impose sanctions shall seize of Article 26 of this Decree or to provincial/municipal permits as stated in the sanctioning decisions and Science and Technology Services for evaluating or immediately notify the permit-issuing bodies thereof. concluding opinions on the violations as well as for suggestions on handling forms and measures 2. Upon the expiration of the deprivation of the right appropriate to the violations. to use permits stated in the sanctioning decisions, the persons competent to impose sanctions shall have to Within 10 days after receiving written requests as hand the permits to individuals or organizations that well as dossiers and material evidences of violation, are deprived of the right to use such permits. state management agencies in charge of radiation safety and control or provincial/municipal Science and 3. When detecting that the permits have been Technology Services shall have to give written opinions issued ultra vires or contained illegal contents, the to the persons competent to sanction administrative persons competent to impose sanctions shall have to violations on radiation safety and control. withdraw them immediately; and at the same time, notify such to the competent state agencies. 4. Within 10 days after making records of administrative violations, competent persons shall

Article 30.- Procedures for seizure of material issue decisions on sanctioning administrative evidences and means of administrative violations violations. For serious violations involving many complicated circumstances, the above time limit may 1. The competence and procedures for application be prolonged but shall not exceed 30 days. The of the measure of seizing the material evidences and issuance of sanctioning decisions and contents of such means of administrative violations shall comply with decisions must comply with the provisions of Article the provisions of Article 46 of the 2002 Ordinance on 56 of the 2002 Ordinance on Handling of Administrative Handling of Administrative Violations. Violations. 2. The measure of seizing the material evidences The effective date of a sanctioning decision shall and means of administrative violations shall apply in be the date of its signing, except otherwise provided cases where it is necessary to prevent acts of violation for in such decision. or assure necessary material evidences to verify Sanctioning decisions must be sent to sanctioned circumstances to serve as a basis for deciding on the individuals or organizations and fine- collecting bodies handling of violations. 22 OFFICIAL GAZETTE Issue nos 11-12/May 2006 (Gong Baa no31/May 29, 2006) With regard to individuals or organizations that evidences and means of administrative violations commit violations defined in Clause 3; Points a and b, Procedures for confiscation of material evidences Clause 4; Points a and b, Clause 5, Article 8 of this and means of administrative violations in the domain Decree, the competent persons shall have to apply of radiation safety and control shall comply with the the measure of seizing material evidences being provisions of Article 60 of the 2002 Ordinance on radioactive sources to put them into radioactive source Handling of Administrative Violations. deposits; seal off the deposits until getting permits from competent state agencies, if the material evidences Article 32.- Procedures for handling of material are irradiation facilities. evidences and means of administrative violations The transportation and preservation costs shall be Procedures for handling of material evidences and borne by individuals or organizations that manage and! means of administrative violations in the domain of or use radioactive sources or irradiation facilities. radiation safety and control shall comply with the 3. Within 10 days after seizing material evidences provisions of Article 61 of the 2002 Ordinance on or means of violations, the persons having issued Handling of Administrative Violations and the following decisions thereon must handle them by applying provisions: measures stated in the handling decisions or return To apply the measure of destruction in cases where them to the concerned individuals or organizations if the material evidences or means of violations are the the measure of confiscation does not apply. The time following objects: limit for seizure of material evidences or means of administrative violations may be prolonged in 1. Goods in violation which may cause harms to complicated cases requiring verification but shall not people's life and health and the environment; exceed 60 days as from the date such material 2. Goods or objects in violation which have no use evidences or means are seized. The prolongation of value. the time limit for seizure of material evidences or means of violations shall be decided by the persons

Article 33.- Execution of sanctioning decisions defined in Clause 1, Article 46 of the 2002 Ordinance on Handling of Administrative Violations. 1. If past 10 days after receiving sanctioning decisions, the sanctioned individuals or organizations 4. The seizure of material evidences or means of fail to voluntary execute such decisions, the persons administrative violations must be decided in writing, accompanied with the seizure records which must be competent to impose sanctions may issue decisions handed to the violators or representatives of violating to compel the execution of such decisions. organizations each with one copy thereof. 2. The execution of sanctioning decisions or 5. With regard to the seizure of material evidences coercive execution of sanctioning decisions as well of violations being radioactive sources or irradiation as the statute of limitations for execution of sanctioning facilities, apart from the provisions of Clauses 1, 2, 3 decisions shall comply with the provisions of Articles and 4 of this Article, the regulations on assurance of 64, 65, 66, 67, 68 and 69 of the 2002 Ordinance on radiation safety must also be complied with. Handling of Administrative Violations and the Government's Decree No. 37!2005!ND-CP of March

Article 31.- Procedures for confiscation of material 18,2005, prescribing procedures for application of the Issue nos 11·12fMay 2006 OFFICIAL GAZETTE 23 (Gong BaD no 31/May 29, 2006) measure of compelling the execution of decisions on Individuals or organizations recording sanctioning administrative violations. achievements in the supply of information, detection, prevention or handling of administrative violations in Chapter IV the domain of radiation safety and control shall be commended and/or rewarded according to the State's SETTLEMENT OF COMPLAINTS AND regulations. DENUNCIATIONS, HANDLING OF VIOLATIONS AND COMMENDATION Individuals or organizations governed by the Ordinance on Cadres and Civil Servants, that commit violation acts specified in Chapter II of this Decree

Article 34.- Complaints, denunciations and shall, apart from being administratively sanctioned, be settlement thereof disciplined according to the provisions of the 1. Individuals or organizations sanctioned for Ordinance on Cadres and Civil Servants. administrative violations in the domain of radiation safety and control or their lawful representatives may Chapter V complain about sanctioning decisions of persons IMPLEMENTATION PROVISIONS competent to sanction administrative violations. 2. Citizens may denounce with competent Article 37.- Implementation effect individuals, agencies or organizations administrative 1. This Decree takes effect 15 days after its violations in the domain of radiation safety and control, publication in "CONG BAO." which are committed by other individuals or organizations or denounce illegal acts of persons 2. This Decree replaces the Government's Decree competent to sanction administrative violations in the No. 19/2001/ND-CP of May 11,2001, on sanctioning domain of radiation safety and control. administrative violations in the domain of radiation safety and control. 3. The competence, time limit and procedures for settling complaints and denunciations shall comply Article 38.- Responsibilities for implementation of with the order and procedures provided for by law on the Decree complaints and denunciations. 1. The Minister of Science and Technology shall

Article 35.- Handling of violations committed by have to organize and inspect the implementation of persons competent to sanction administrative this Decree. violations in the domain of radiation safety and control 2. Ministers, heads of ministerial-level agencies, Persons competent to sanction administrative heads of the Government-attached agencies, and violations in the domain of radiation safety and control presidents of People's Committees of provinces or who violate the provisions on sanctioning centrally-run cities shall have to implement this administrative violations shall be handled according Decree. to the provisions of Article 121 of the 2002 Ordinance on Handling of Administrative Violations. On behalf of the Government Prime Minister

Article 36.- Commendation and discipline PHAN VAN KHAI