Decree No. 07/2010/ND-CP detailing and guiding a number of articles of the Law on Atomic Energy

Article 1. Scope of regulation and subjects of application L This Decree details and guides the implementation of Articles 65,80,82 and 90 of the Law of Atomic Energy and guides a number of relevant provisions to meet requirements of management of atomic energydevelopment and use and safety assurance. 2. This Decree applies to domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals and international organizations that conduct activities in thedomain of atomicenergy in Vietnam.

Article 2. Measures to attract human resources in the domain of atomic energy 1. Senior experts are those who have deep knowledge about, high expertise and practical experience in a certain specialized field (If atomic energy and satisfy the criteriaset by the Ministry Decree No. 07/2010IND·CP of January of Science and Technology. Semor experts 25,2010, detailing and guiding a number working in state agencies and institutions may of articles of the Law on Atomic Energy enjoy preferences and incentives in: aJ Recruitment and employment; THE GOVERNMENT bl Appointmentto postsin charge of scientific and technological tasks or managerial posts; Pursuant to the December 25, 2001 Law on c/ Favorable working conditions: Urganiziuion of the Government; dl Salaries suitable to their expertise and Pursuant to the June 3, 2008 Law on Atomic practical experience; Enngy; eI Travel and accommodations; Pursuant to the June 3, 2008 Law on ff Participation in scientific exchange and Promulgation of Legal Documents,' international cooperation; © VIETNAM LAW & LEGAL FORUM 10 OFFICIAL GAZETTE Issue noD5IFebl\lary 2Q1 D (Gong BaD nos 83·841February 9, 2010) gl Other preferences and incentives. a/ Before putting such devices into use; 2. Workers in the domain of atomic energy bl On a periodical basis; who are salaried by the state budget may enjoy a cl After reinstalling or repairing such devices, preferential occupational allowance equal up to which may affect their safety and precision. 70% of their rank or grade: salaries, 2. The Ministry of Science and Technology 3. Graduates with very good or higher shall establish and maintain national standards academic results in atomic energy specialties will of radiation measurement; and promulgate be prioritized in the recruitment and employment specific regulations on inspection and correction by atomic energy state management agencies, and a list of radiation recording-measuring, training establishments or research and application radiation and nuclear devices subject to institutions. The Ministry of Home Affairs shall inspection and correction. specify the implementation of this provision. 4. University and graduate students in atomic Article 4. Environmental radioactivity energy 5JXcialties may have their tuitions paid observation and warning by the State and be granted scholarships, for those 1. The national network of environmental studying at home, and be provided with tuition radioactivity observation and warning is a supports, for those studying abroad. The Ministry specialized radioactivity observation network of Education and Training shall assume the prime within the national system of natural resources responsibility for, and coordinate with the and environment observation. Ministry of Science and Technology in, 2. The national network of environmental specifying fhe implementation of this provision. radioactivity observation and warning shall 5. The Ministry of Home Affairs shall assume coordinate with the national system of natural the prime responsibility for, and coordinate with resources and environment observation in serving the Ministry of Science and Technology, the the assessment of the actual state of Ministry of Finance and the Ministry of Labor. environmental radioactivity and irradiation dose War Invalids and Social Affairs in, devising for population communities; setting up a database particular measures to attract human resources on environmental radioactivity; and monitoring as specified in Clauses 1 and 2 of this Article and warning all radiation anomalies in the before proposing them to the Prime Minister for Vietnamese territory. decision. 3. The Ministry of Science and Technology shall work out and submit to the Prime Minister

Article 3. Measurement of radiation, for approval a planning on the national network inspection and correction of radiation recording- of environmental radioactivity observation and measuring, radiation and nuclear devices warning, and its functions and tasks and the 1. Organizations and individuals that use mechanism for its coordination within the devices on the list of radiation recording- national system of natural resources and measuring, radiation and nuclear devices subject environment Observation; and establish and to inspection and correction shall inspect and manage the national network of environmental correct such devices in the following cases: radioactivity observation and warning after its © VIETNAM LAW & LEGAL FORUM Issue noOS/February 2010 OFFICIAL GAZETTE 11 (Gong Baanos 83·841February 9, 2010) planning is approved by the Prime Minister. this Article.

Article 5. Assurance of safe working Article 6. Finding of radioactive sources and conditions for radiation workers nuclear materials or devices which are lost Heads or organizations and individuals misappropriated, abandoned or illegally licensed to perform radiation jobs shall assure transferred or unreported safe working conditions for their radiation 1. Upon finding or Obtaining information on workers as follows: radioactive sources or nuclear materials or 1. Furnishing protection equipment. radiation devices which are lost, misappropriated, recording-measuring devices and personal abandoned, illegally transferred or unreported radiation dose meters forradiation workers when (below referred to as uncontrolled radioactive performing radiation jobs sources, nuclear materials or devices), organizations and individuals shali promptly 2. Organizing training courses for newly report the finding to the nearest people's recruited radiation workers and providing Committee or police office or provincial-level radiation workers with annual drills and new Science and Technology Department know ledge about radiation safety and professional knowledge. 2. Border-gate customs offices shall have technical equipment and take necessary measures 3. Organizing health checks for newly to detect radioactive sources and nuclear recruited radiation workers; organizing annual materials at their border gates. health checks for radiation workers under 3. Establishments using discarded iron and regulations of the Ministry of Health. steel for metallurgical purpose shall take 4. Organizing the assessment of persona] measures or procure equipment to detect irradiation dose for radiation workers at least radioactive sources and nuclear materials. once every quarter 4. The Ministry of Science and Technology 5. When a radiation worker is exposed to an shall assume the prime responsibility for, and irradiation dose exceeding the prescribed limit, coordinate with concerned ministries and branches the concerned organization or individual licensed in, guiding and organizing the application of to perform radiation jobs shall immediately: measures to detect uncontrolled radioactive aI Introduce him/her to a specialized medical sources and nuclear materials and devices, establishment for health check and monitoring;

Article 7. Responsibilities of agencies in the bl Identify causers) of excessive irradiation course of finding and handling uncontrolled and devise remedies; radioactive sources and nuclear materials and cl Place himlher in a more suitable job. devices 6. Complying with regulations on labor safety 1. People's Committees or police offices that and sanitation. receive information on uncontrolled radioactive The Ministry of Science am}Tt:t.:hnulugy shall sources ur nuclear materials and devices shan detail the provisions of Clauses 1, 2, 3 and 4 of promptly notify such to provincial-level Science © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue no05IFebruary 2010 (Gong BaD nos 83-841February g, 2010) and Technology Departments. technical assistance for the provincial-level Police 2_ A provincial-level Science and Technology Department or Science and Technology Depart- Department shall: ment to verify information andcarry out a search; al Upon receiving information on an bl Assume the prime responsibility for, and uncontrolled radioactive source or nuclear coordinate with concerned agencies. material or device, coordinate with the organizations and individual sin, applyi ng provincial-level Police Department and measures to handle the uncontrolled radioactive concernedagencies in verifyinginformationand source or nuclear material or device found; carrying out a search; c/ Report to the Minister of Science and b/ Upon finding an uncontrolled radioactive Technology on the finding and handling. source or nuclear material or device, guide 5. The Ministry of Science and Technology concerned erganizations and individuals in taking shall: safety and security assurance measures; af Assume the prime responsibility for, and d Notify the informationto the Radiationand coordinate with ministries and branches in. Nuclear Safety Department for coordination in guiding and organizing the application of searching, handling and reporting to the measures to search and handle uncontrolled provincial-level People's Committees on the radioactive sources and nuclear marertals and process of finding and handling. devices; 3. Aprovincial-levelPoliceDepartmentshall: bl Build and put into operation facilities for af Assume the prime responsibility for, and storing uncontrolled radioactive sources and coordinate withthe Radiationand NuclearSafety nuclear materials and devices; Department, provincial-level Science and c/ Report to the PrimeMinister on the finding TechnologyDepartmentand concernedagencies, and handling in serious cases. organizations and individuals in, verifying information, taking part in the search and taking Article 8. Funds for finding, searching, order and security assurance measures; handling and storing uncontrolled radioactive bl Coordinate with the Radiationand Nuclear sources and nuclear materials and devices Safety Department, provincial-level Science and 1. The state budget shall allocate funds for TechnologyDepartmentand concernedagencies, border-gate customs offices. the Radiation and organizations and individuals in, investigating Nuclear Safety Departments, provincial-level and identifying radioactive source, nuclear Science and Technology DepartmentSX, and material or device owners, managers or users for stare organlzarions with [he runcuon ofrechnical handling under law. assistance to find, search, handle and store 4. The Radiation and Nuclear Safety uncontrolled radioactive sources and nuclear Department shall: materials and devices. including: al Upon receiving information on an af Allocations for procuring equipment and uncontrolled radioactive source. nuclear material building tacilities tor storing uncontrolled or device. provide professional guidance and radioactive sources and nuclear materials and © VIETNAM LAW & LEGAL FORUM Issue no05/February 2010 OFFICIAL GAZETTE 13 (Gong Bao nos 83-84/February 9, 2010) devices; the transit of radioactive materials via the b/ Fumls fur searching, handling and storing Vietnamese territory and operation of seagoing uncontrolled radioactive sources and nuclear ships and other vessels that are nuclear-powered materials and devices. in the Vietnamese territory. The Ministry of Finance shall assume the 4. The Ministry of Science and Technology prime responsibility for, and coordinate with the shall guide in detail the safety control of the Ministry of Science and Technology in, transit of radioactive materials via the specifically guiding allocations and funds Vietnamese territory and operation of seagoing specified in this Clause. ships and other vessels that are nuclear-powered in the Vietnamese territory. 2. In case organizations and individuals that own or store radioactive sources, nuclear Article 10. Mechanism for coordination materialsand devices whichare misappropriated, between customs offices and concernedagencies lost, abandoned or illegally transferred can be in controlling import and export of radioactive identified, they shall refund the whole fund for materials ann nuclear devices through border gates the search, handling and storage of these 1. A border-gate customs office shall: radioactive sources and nuclear materials and devices under Point b, Clause 1 of this Article. aI Prioritizecustoms clearance for radioactive materials and nuclear devices which fUlly satisfy

Article 9. Safety control of radioactive conditions of packing, transportation, import or materials in transit and operation of seagoing export permit, and update information on these ships and other vessels that are nuclear-powered materials and in the database on radioactive materials and nuclear devices under Iot'gulations 1. Transit of radioactive materials via the of the Ministry of Science and TechnoJogy; Vietnamese territory and operation of seagoing ships and other vessels that are nuclear-powered b/ln case radioactive materials and nuclear devices fai I to fully satisfy the eenditions in the Vietnamese territory are subject to specified at Point a, Clause 1of this Article,seize permission of the Ministry of Science and them, make a written record on the seizure and Technology after obtaining the Prime Minister's apply safety and security measures under written approval. regulations and promptly report such to the If refusing to grant such permits, the Ministry Ministry of Science and Technology through the of Science and Technology shall notify in writing Radiation and Nuclear Safety Deparnnent for applicants thereof. coordinated handling; ') Organizations and individuals mentioned cl In case of occurrenceof a radiationincident in Clause 1 of this Article shall submit their or a nuclear incident stemming from radioactive dossiers of application for licenses to perform materialsor nuclearequipment at the border gate, radiation jobs under regulations of the Ministry take response measures already planned under of Science and Technology. regulations of the Ministry of Science and 3_ The Radiation and Nuclear Safety Technology and promptly report the incident to Department and concerned agencies shall watch the local provincial-level People's Committee © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue no 051February 2010 (Gong 8aonos 83-841February 9, 2010) and the Radiation and Nuclear Safety Article 11. Determination of levels of Department for coordinated handling; incidents and notification thereof in the mass dI Send annualreportson theImport orexport media of radioactive materials and nuclear devices to 1. Levels of incidents to be notified in the the Ministry of Science and Technology for mass media upon their occurrence are determined summarization and reporting to the Prime as follows: Minister. aJ Level-l incident means an event in which 2. Tile Radiation and Nuclear Safety internal workingregulations arebreachedor any Department shall: device fails but the multi-layer protection system a/ Provide professional guidance and is still secured; technical assistance for border-gate customs bl Level-2 incident means an event in which offices to control the import and export of safety rules are breached or any protection radioactive materials and nuclear devices; equipment is damaged but the protection system b/ Assume the prime responsibility for. and is not affected; a radiation worker(s) is(are) coordinate with provincial-level Science and exposed to a dose exceeding the occupational Technology Departments andconcerned agencies dose limit by ten timesor less;the radiation dose in, promptly taking handling measures under ratioat the working placeexceeds 50 millisieverts regulations after receiving reports mentioned at per hour (mSv/h) or there is a radioactive Points b and c, Clause 1 of this Article. contamination that needs tobe remedied in places 3. Provincial-level Science and Technology designed to be free from contamination undcr Departments shall assist provincial-level normal conditions; People's Committees in: c/ Level-3 incident means an incident in a/ Coordinating with border-gate customs whichthe protection systemis damaged resulting offices in the inspection and handling to ensure in a leakage of radioactive substances causing radiation and nuclear safety in case radioactive contamination in places designed tu be free frum materials and nuclear devices fail to satisfy the contamination under normal conditions and customs clearance conditions specified at Point irradiation of local inhabitants at a level not b, Clause 1 of this Article; exceeding the public dose limit; a radiation b/ Coordinating with the Radiation and worker(s) is(are) exposed to a dose exceeding Nuclear SiVety Department in handling radiation the occupational dose limit by more than tcn incidents and nuclear incidents stemming from times or the radiation dose ratio in the working radioactive materials and nuclear devices at place exceeds 1 sievertper hour (Sv/h); border gates. dl LeveI-4 incident means an accident in 4. Other agenciesat bordergatesshall, within which a fuel bar of a nuclear reactor melts or is their functions and tasks, assist and coordinate damaged resulting in a release of over 0.1 % of with border-gate customs offices in the cases totalradioactive substances fromthe activezone. specified at Points band c, Clause 1 of this For other nuclear facilities, an incident of this Article. level means an accident resuHing in an external © VIETNAM LAW & LEGAL FORUM Issue no05/February 2010 OFFICIAL GAZETTE 15 (Gong Bao nos 83-84tFebruary 9, 2010; release of a considerable amount of radioactive occurrence, forecast the incident's developments substances. irradiation of radiation worker(s) at and impacts on the community and the a fatal level. or irradiation of local inhabitants at environment; a level not exceeding the public dose limit; bl Acts and measures to protect the e/ Level-S incident means an accident in community health. which the active zone of a nuclear reactor is damaged. For other nuclear facilities, an incident Article 12. Charges and fees of this level means an accident resulting in an 1. Charges to be levied in the domain of external release of a considerable amount of atomic energy include: radioactive substances or irradiation of a radiation worker(s) at a fatal level; or causing health and at Charge for safety and security assessment environmental effects outside the facility, and before grant of licenses to perform radiation jobs; making it necessary to take some of the b/ Charge fur appraisal of eligibility before countermeasures outside the facility; grant of registration certificates of atomic energy fl Level-6 incident means a serious accident application support services; in a nuclear reactor resulting in an external release cl Charge for appraisal of eligibility before of an amount of radioactive substances equivalent grant of practice certificates to providers of to thousands or tens of thousands terabecquerels atomic energy application support services; (TBq) of Iodine-13I. For other nuclear facilities, d/ Charges for services provided in the an incident of this level means a serious accident domain of atomic energy. resulting in an external release of a considerable 2. Fees to be levied in the domain of atomic amount of radioactive substances, causing many energy include: deaths and requiring the implementation of all countermeasures provided in a provincial-level al Fee for grant of licenses to 'Perform incident response plan; radiation jobs; gl Level-7 incident means a nuclear disaster bl Fee for grant of registration certificates of caused by explosion of a nuclear reactor, resulting atomic energy application support services; in an external release of a very large amount of cl Fee for grant of practice certificates to radioactive substances on a wide scale and providers of atomic energy applicatina support requiring the implementation of a national services; incident response plan. dl Fee for grant of radiation worker 2. Upon occurrence of an incident, the certificates. Ministry of Science and Technology shall assume 3. The Ministry of Finance shall assume the the prime responsibility for, and coordinate with prime responsibility for, and coordinate with the concerned ministries and ministerial-level Ministry of Science and Technology in, agencies in, determining the level of the incident specifying rates and the regime of collection, and notify it in the mass media on: remittance, management and use of charges and at Radioactivity level at the place at fees specified in Clauses 1 and 2 of this Article. © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue no05/February 2010 (Gong BaD nos 83-84/February 9, 2010)

Article 13. Occupational insurance, civil radiation facilities and workers alreadyfiled with liability insurance and environmental damage competent state management agencies and compensation liability insurance remaining unsettled before the effective date of 1. Occupational insurance, civil liability this Decree must be updated and supplemented insurance and environmental damage under the Law on Atomic Energy. compensation liability insurance specified in

Article 15. Effect Clause 1,Article 90 of theLaw on AtomicEnergy are compulsory. This Decree takes effect on March 15,2010. 2. Organizations and individuals licensed to Article 16. Implementation responsibility perform the following radiation jobs shall purchase environmental damage compensation 1. The Minister of Science and Technology liability insurance: shall organizethe implementation of this Decree. aJ Operation of a research nuclear reactor or 2. Ministers, heads of ministerial-level a nuclear power plant; agencies, heads of government-attached bl Production or processing of radioactive agencies, chairpersons of provincial-level substances; People's Committees and concerned cI Exploitation and processing of radioactive organizations and individuals shall implement ores; this Decree- df Disposal of radioactive wastes and spent radioactive sources and nuclear materials. On behalf oj the Government Prime Minister 3. Insurance businesses licensed to provide NGUYEN TAN DUNG compulsory insurance may not refuse to sell the insurances specified in Clauses 1 and 2 of this Article. 4. The Ministry of Finance shall promulgate insurance rules, terms, premium levels and the minimuminsurance sum applicable to each type of insurance specified in Clauses 1 and 2 of this Article. Insurance premium levels shall be set based on the possibility of damage to be caused by radiation jobs.

Article 14. Transitional provisions 1. Licenses granted by competent state management agencies to radiation facilities and workers before the effective date of this Decree remain valid until their va Iidity duration expires. 2. Dossiers of application for licenses of © VIETNAM LAW & LEGAL FORUM