Chương 1 Luật năng lượng nguyên tử 2008: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for activities in the domain of atomic energy and the assurance of safety and security in these activities.

Article 2.- Subjects of application

This Law applies to domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations that conduct activities in the domain of atomic energy in Vietnam.

Article 3.- Interpretation of terms

In this Law, the terms and phrases below are construed as follows:

1. Atomic energy means energy released from the transformation of atomic nuclei, including fission energy, fusion energy and energy released from radioactive decay. It is a kind of energy of ionizing electromagnetic waves or accelerated panicles.

2. Atomic energy activities means activities of

scientific research and technological development in the domain of atomic energy; building, operation, maintenance, exploitation, management and dismantlement of nuclear facilities and radiation facilities; exploration, exploitation, processing and use of radioactive ores; production, storage, use, transportation, transfer, export and import of radioactive sources, radiation equipment, nuclear fuel, nuclear source material, nuclear material and equipment; disposal and storage of radioactive waste and atomic energy application services.

3. Radiation means a beam of particles or ionizing electromagnetic waves.

4. Radiation source means a radioactive source or radiation equipment.

5. Radioactive source means a radioactive substance produced for use, not including nuclear material.

6. Radiation equipment means an equipment that radiates or capable of radiating.

7. Radioactivity means a quantity denoting the number of disintegrated nuclei per unit of time.

8. Radioactive substance means a substance that radiates as a result of nuclear decay or transition of nuclear energy level, and has a specific radioactivity or a total activity exceeding the exemption level.

9. Radioactive pharmaceutical means a pharmaceutical containing a radioactive substance and used for disease diagnosis and treatment.

Radioactive isotope (radioisotope) means a variant of a chemical element that can radioactively disintegrate.

11. Radioactive waste means a refuse containing a radioactive substance or a radioactively contaminated object which must be disposed of.

12. Irradiation means the effect of radiation on human beings, the environment, animals, plants or other material objects.

13. Irradiation dose means a quantity measuring the level of irradiation.

14. Radiation inspection means the measurement of irradiation doses or levels of radioactive contamination for the purpose of assessing and controlling the level of irradiation caused by radiation or radioactive substances.

15. Nuclear source material means any of the following materials: uranium or thorium in the form of ore or mine tailings; uranium containing the isotope 235 less than natural uranium; ores containing by weight 0.05% or more of thorium or uranium; other uranium or thorium compounds of a concentration not up to the level for being treated as nuclear material.

16. Nuclear material means a fissionable material, including plutonium with isotopic concentration not exceeding 80% in plutonium 238, uranium 233. uranium enriched in the isotope 235 or 253, or uranium with an isotopic composition as occurring in nature other than in the form of ore or mine tailings.

17. Nuclear fuel means a nuclear material produced for use as a fuel for nuclear reactors.

18. Nuclear equipment means a nuclear reactor or an equipment for enriching uranium, producing nuclear fuel or disposing of spent nuclear fuel.

19. Nuclear fuel cycle means a series of operations associated with the generation of nuclear energy, from mining and processing of uranium or thorium ores; enrichment of uranium: production of nuclear fuel: use of fuel in nuclear reactors: reprocessing of spent nuclear fuel, to disposal and storage of radioactive waste discharged from the generation of nuclear energy, and related research and development activities.

20. Radiation safety means the application of measures against radiation hazards, prevention of incidents or mitigation of irradiation consequences for human beings and the environment.

21. Nuclear safety means the application of measures to prevent incidents or mitigate consequences of incidents caused by nuclear equipment or material to human beings and the environment.

22. Security of radioactive source, nuclear material and equipment means the application of measures to detect, prevent and respond to acts of misappropriating, sabotaging, illegally transferring or using radioactive source, nuclear material or equipment, and the risk of loss of radioactive source, nuclear material or equipment.

23. Level for exemption from declaration or licensing means a level of radioactivity or capacity of radiation equipment at or below which radioactive substances or radiation equipment are considered harmless to human beings and the environment.

Article 4.- Application of international laws and treaties

1. Atomic energy activities and assurance of radiation safety and nuclear safety (below collectively referred to as safety) and security of radioactive source, nuclear material and equipment (below collectively referred to as security) in these activities comply with the provisions of this Law and other relevant provisions of law.

2. In case the provisions of this Law are different from those of another law on the same content related to atomic energy activities and assurance of safety and security in these activities, the provisions of this Law prevail.

3. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, that treaty prevails.

Article 5.- The State's policies on the domain of atomic energy

1. To invest and encourage domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest in atomic energy activities for socio-economic development

2. To concentrate investment in developing nuclear power, building physical and technical foundations, training human resources, conducting scientific research and technological development for developing nuclear power.

3. To attach importance to investment in building physical and technical foundations and training human resources to ensure safety and security of atomic energy activities.

4. To prioritize investment in building technical infrastructure, developing culture and education and ensuring social welfare in areas where nuclear power plants are located.

5. To create conditions for organizations and individuals to invest in developing nuclear power.

Article 6.- Principles for atomic energy activities and assurance of safety and security in these activities

1. Atomic energy activities are conducted for peaceful purposes and serving socio-economic development.

2. Atomic energy activities must ensure safety for human health and life and the environment, and social order and safety.

3. Management of safety and security in atomic energy activities must be objective and scientific.

Article 7.- State management responsibilities in the domain of atomic energy

1. The Government shall perform the unified state management of atomic energy.

2. The Science and Technology Ministry shall take responsibility before the Government for performing the state management of atomic energy.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of atomic energy according to the Government's assignment.

4. People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees) shall perform the state management of atomic energy according to the Government's decentralization.

Article 8.- Tasks and powers of the radiation and nuclear safety agency

The radiation and nuclear safety agency under the Science and Technology Ministry shall assist the Minister in performing the following tasks and exercising the following powers:

1. Elaborating draft legal documents on radiation and nuclear safety;

2. Organizing the declaration of radioactive substances, radiation equipment nuclear material, nuclear equipment, and the grant of licenses to perform radiation jobs according to its competence;

3. Assessing and organizing the assessment of radiation and nuclear safety;

4. Inspecting, examining, and handling violations of regulations on radiation and nuclear safety; ordering cessation of radiation jobs according toits competence; proposing competent state agencies to suspend the operation of research nuclear reactors or nuclear power plants upon detecting signs of unsafety;

5. Organizing nuclear control activities under law;

6. Participating in dealing with radiation or nuclear incidents according to its competence;

7. Building and updating a national system of information on radiation and nuclear safety;

8. Organizing and coordinating with other agencies in organizing professional training, retraining or guidance on radiation and nuclear safety;

9. Organizing activities of international cooperation in radiation and nuclear safety.

Article 9.- The National Council for Atomic Energy Development and Application and the National Council for Nuclear Safety

1. The National Council for Atomic Energy Development and Application is a body functioning to advise the Prime Minister on strategies and policies on atomic energy development and application: plannings and plans on atomic energy research, development and use.

2. The National Council for Nuclear Safety is a body functioning to advise the Prime Minister on policies and measures to assure nuclear safety in the use of atomic energy, in the course of operation of nuclear power plants as well as measures to remedy particularly serious nuclear incidents; to examine and evaluate safety reports of nuclear power plants and results of assessment by the radiation and nuclear safety agency.

3. The Prime Minister shall specify the organization and operation of the National Council for Atomic Energy Development and Application and the National Council for Nuclear Safety.

Article 10.- Nuclear control

1. The control of the use of nuclear material, the control of material and equipment used in the nuclear fuel cycle, and the control of related activities in order to prevent the proliferation of nuclear weapons, illegal transportation and use of nuclear material comply with law.

The Prime Minister shall specify nuclear control activities.

2. Organizations and individuals that control nuclear facilities, nuclear material, materials and equipment used in the nuclear fuel cycle, or carry out related activities shall abide by requests of competent state management agencies conducting nuclear control activities.

Article 11.- International cooperation in the domain of atomic energy

1. The State undertakes international cooperation in the domain of atomic energy on the principles of respect for independence and sovereignty of other nations, equality and mutual benefit.

2. The State creates conditions for domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to enter into cooperation in the domain of atomic energy for socio-economic development.

Article 12.- Prohibited acts

1. Taking advantage of or abusing atomic energy activities to infringe upon independence, sovereignty or territorial integrity, interfere in internal affairs or threaten national security and interests; infringe upon lawful rights and interests of organizations and individuals, or harm human health or life or the environment.

2. Researching, developing, manufacturing, trading in. transporting, transferring, storing, using, or threatening to use nuclear or radiation weapons.

3. Performing radiation jobs without licenses issued by competent state management agencies under law.

4. Importing radioactive waste.

5. Carrying radioactive waste or nuclear material by post.

6. Transporting radioactive substances or waste, nuclear source material or nuclear material (below collectively referred to as radioactive material) by vehicles or crafts neither designed nor furnished with equipment to assure safety or security.

7. Manufacturing, trading in. importing or exporting food, drinks, cosmetics, toys, jewelry or other consumer products and goods which have a radioactivity exceeding the level specified in relevant national technical regulations.

8. Violating regulations on safety and security assurance and conditions specified in licenses.

9. Illegally obstructing atomic energy activities.

10. Abetting in any form illegal atomic energy activities.

11. Encroaching works, equipment or means used for assuring atomic energy safety and security.

12. Appropriating, sabotaging or illegally transferring or using radioactive sources, nuclear source material, nuclear material and equipment.

13. Covering up information on radiation or nuclear incidents; supplying groundless or untruthful information on incidents, thus harming the Stale's interests or citizens' lawful rights and interests.

14. Using for improper purposes or disclosing confidential information relating to atomic energy.