Chương 3 Luật năng lượng nguyên tử 2008: An toàn bức xạ, an toàn hạt nhân và an ninh nguồn phóng xạ, vật liệu hạt nhân, thiết bị hạt nhân

Chapter III

RADIATION SAFETY, NUCLEAR SAFETY, AND SECURITY OF RADIOACTIVE SOURCES, NUCLEAR MATERIAL AND EQUIPMENT

Article 18.- Radiation jobs

Radiation jobs include the following activities:

1. Operating research nuclear reactors and nuclear power plants:

2. Operating irradiation equipment, including accelerators: radiotherapeutic equipment; irradiation equipment for sterilization, treatment of materials and use of other radiation equipment;

3. Producing and processing radioactive substances;

4. Storing and using radioactive substances;

5. Exploring, exploiting and processing radioactive ores;

6. Enriching uranium; producing nuclear fuel;

7. Disposing of, storing and burying radioactive waste and used radioactive sources and spent nuclear fuel;

8. Building, changing the operation scale and scope or terminating operation of radiation facilities and nuclear facilities;

9. Using nuclear material outside the nuclear fuel cycle;

10. Importing or exporting radioactive substances, nuclear source material, nuclear material and equipment;

11. Packing and transporting radioactive material;

12. Transporting radioactive material in transit via the Vietnamese territory;

13. Operating seagoing ships and other vehicles that are nuclear-powered;

14. Carrying out other activities which generate radioactive waste.

Article 19.- Reports on radiation job safety assessment

1. When applying for licenses to perform radiation jobs, organizations and individuals shall make reports on safety assessment of radiation jobs other than those specified in Clauses 1 and 8, Article 18 of this Law.

2. A report on radiation job safety assessment must be appropriate to each radiation job and has the following principal contents:

a/ Procedures for performing the radiation job, covering steps of preparation for. commencement and completion of the job;

b/ Regulations on measurement of individual irradiation doses and inspection of radiation at working places;

c/ Regulations on recording of a diary on radiation job performance;

d/ Rules on radiation job performance;

e/ Anticipated potential incidents and response measures;

f/ Responsibilities of individuals performing radiation jobs;

g/ Responsibilities to supervise safety and conduct general administration.

Article 20.- Reports on the actual state of safety of radiation job performance

1. On an annual basis or at the request of the radiation and nuclear safety agency, organizations and individuals performing radiation jobs shall make and send reports on the actual state of safety of radiation job performance to the radiation and nuclear safety agency.

2. A report on the actual state of safety of radiation job performance contains the following:

a/ Satisfaction of conditions specified in the license:

b/ Changes compared with the dossier of application for the license (if any);

c/ Radiation incident(s) (if any) and response measures taken.

Article 21.- Control of irradiation caused by radiation jobs

1. Control of irradiation covers:

a/ Control of occupational irradiation, which means control of irradiation doses for radiation workers while performing a radiation job;

b/ Control of medical irradiation, which means control of irradiation doses for patients in disease diagnosis and treatment;

c/ Control of public irradiation, which means control of irradiation doses caused by a radiation job to persons other than those specified at Points a and b of this Clause.

2. Organizations and individuals that perform radiation jobs shall abide by the following irradiation control principles:

a/ Ensuring that irradiation doses to the public and radiation workers do not exceed the dose limit; and that irradiation doses to patients are at guided levels;

b/ Keeping individual irradiation doses, the number of irradiated persons and the possibility of irradiation exposure as low as reasonably achievable;

c/ Ensuring that benefits brought about by radiation jobs are enough to offset risks and harms likely to be caused to human beings and the environment.

Article 22.- Security of radioactive source, nuclear material and equipment

1. Organizations and individuals that have radioactive sources, nuclear material or equipment shall apply the following security measures:

a/ Controlling access to their radioactive sources, nuclear material or equipment;

b/ Disallowing unauthorized individuals to access their radioactive sources, nuclear material or equipment;

c/ Enacting their licenses' provisions on control of radioactive sources, nuclear material or equipment;

d/ Subjecting the transfer of radioactive sources or nuclear material within an radiation facility to written permission of the head of the facility or an authorized person, and recording the transfer in a minutes;

e/ Conducting regular checking and counting at least once a year to ensure that their radioactive sources, nuclear material or equipment are properly placed under security conditions;

f/ Keeping confidential security measures, unless otherwise provided for by law.

2. Apart from complying with the provisions of Clause 1 of this Article, organizations and individuals that manage radioactive sources of medium or higher level of danger, or manage nuclear material or equipment shall:

a/ Work out security plans;

b/ Promptly detect and prevent unauthorized access to radioactive sources, nuclear material or equipment;

c/ Promptly apply necessary measures to recover radioactive sources, nuclear material or equipment which have been illegally appropriated, transferred or used:

d/ Promptly prevent any sabotage against radioactive sources, nuclear material or equipment: work out plans on monthly, weekly or daily checking and counting under the guidance of the radiation and nuclear safety agency;

e/ Adopt plans to mitigate hazards caused by sabotaged radioactive sources, nuclear material or equipment;

f/ Keep confidential information on the security system, unless otherwise provided for by law.

3. The radiation and nuclear safety agency shall develop and regularly update an information system to control radioactive sources, nuclear material and equipment nationwide, containing the following information:

a/ Types of radioactive sources, nuclear material and equipment;

b/ Identification numbers of radioactive sources, nuclear material or equipment and protective containers:

c/ Radioisotope names, for radioactive sources; chemical compositions, for nuclear material;

d/ Radioactivity and date of radioactivity determination, for radioactive sources; amount of plutonium or uranium, for nuclear material;

e/ Manufacturers or suppliers;

f/ Certificates of origin;

g/ Owners:

h/ Organizations and individuals that are storing or using radioactive sources, nuclear material or equipment;

i/ Organizations and individuals that previously stored or used radioactive sources, nuclear material and equipment;

j/ Addresses of places where radioactive sources, nuclear material and equipment are stored or used.

4. The classification of radioactive sources according to their level of danger (below medium, medium or above medium) complies with national technical regulations.

Article 23.- Multi-layer protection

1. Multi-layer protection means the simultaneous application of many protective measures or lines to maintain safety and security.

2. Organizations and individuals performing radiation jobs shall adhere to the principle of multi-layer protection corresponding to the harms caused by radioactive sources, nuclear material and equipment to human beings and the environment.

Article 24.- Radiation inspection of working places

1. Organizations and individuals performing radiation jobs shall conduct regular and systematic radiation inspection of their working places and measure necessary parameters to serve as a basis for safety assessment.

2. Machinery and equipment used for the radiation inspection and measurement must satisfy national technical regulations and be regularly maintained, tested and adjusted.

3. Organizations and individuals performing radiation jobs shall make, update and keep radiation inspection and measurement records and maintenance, testing and adjustment records.

Article 25.- Disposal and storage of radioactive waste, used radioactive sources and spent nuclear fuel

1. Organizations and individuals that have radioactive waste shall comply with the following provisions:

a/ To apply measures to minimize radioactive waste right at source:

b/To separate radioactive waste from ordinary-waste in the course of collection and disposal;

c/To devise plans on classification and disposal of radioactive waste.

2. Radioactive waste may be disposed of as follows:

a/ Storage for disintegration, for radioactive waste with a short semi-disintegration period (half-life);

b/ Burial, provided this burial does not effect human health and the environment;

c/ Transformation into a form less harmful to human beings and the environment;

d/ Temporary storage under safety and security conditions pending disposal in case solutions specified at Points a, b and c of this Clause cannot be applied.

3. Organizations and individuals that use nuclear fuel shall devise plans on disposal and storage of spent nuclear fuel under safety and security conditions.

4. Organizations and individuals shall declare radioactive waste, used radioactive sources and spent nuclear fuel generated from the performance of radiation jobs.

5. Organizations and individuals shall apply for licenses to provide radioactive waste storage services.

6. Organizations and individuals may only bury radioactive waste after being permitted by a competent state agency, reporting the state of burial and drawing and sending maps of burial sites to the radiation and nuclear safety agency

7. The State invests in building a national radioactive waste repository.

8. The classification and disposal of radioactive waste, used radioactive sources and spent nuclear fuel, and the selection of a location for building a national radioactive waste repository and radioactive waste burial site comply with national technical regulations.

9. The Construction Ministry shall approve locations of the national radioactive waste repository and radioactive waste burial sites under the approved planning and the environmental protection law.

Article 26.- Responsibilities of heads of organizations or individuals licensed to perform radiation jobs

1. To bear responsibility for safety and security, and comply with this Law's provisions on performance of radiation jobs.

2. To arrange safety officers under regulations of the Science and Technology Ministry; to define in writing responsibilities and powers of safety officers.

3. To fully comply with the terms of their licenses.

4. To elaborate, and organize the implementation of. safety and security rules and instructions.

5. To ensure safe working conditions and organize professional training, give regular health-checks and monitor irradiation doses for radiation workers.

6. To create conditions for examiners and inspectors to perform their tasks of examination and inspection of safety and security: to supply sufficient necessary information when requested by a competent state agency.

7. To organize radiation inspection and radioactive waste control, ensuring that irradiation doses do not exceed the dose limit.

8. To work out, and organize the implementation of, plans on response to incidents at their facilities.

Article 27.- Responsibilities of radiation workers

1. Radiation workers are persons who work in direct contact with radiation, have been professionally trained, and firmly grasp legal provisions on safety, having the following main responsibilities:

a/ To observe relevant legal provisions and adhere to relevant national technical regulations and safety guidance as appropriate to each atomic energy activity;

b/To use devices to monitor irradiation doses and protect themselves while performing radiation jobs, and take regular health-checks under instructions of safety officers; to refuse working when safety conditions are insufficient, except when participating in remedying radiation or nuclear incidents;

c/ To promptly report to safety officers any abnormal events related to safety or security in the course of performance of radiation jobs;

d/ To take measures to remedy radiation or nuclear incidents under instructions of safety officers.

2. Safety officers are radiation workers who have professional knowledge and skills and firmly grasp legal provisions on safety, having the following main responsibilities:

a/To help heads of organizations or individuals licensed to perform radiation jobs comply with the provisions of Clauses 3,4,5,6,7 and 8, Article 26 of this Law;

b/To help heads of organizations or individuals licensed to perform radiation jobs develop, and organize the application of, necessary technical solutions to satisfy safety and security conditions;

c/To keep regular contact with individuals and sections that store and use radioactive sources, nuclear material and equipment within the ambit of their responsibilities; to provide consultancy and guidance on safety assurance; to regularly inspect the security of radioactive sources, nuclear material and equipment;

d/ To report to heads of organizations or individuals licensed to perform radiation jobs upon detecting abnormal signs of safety and security or signs of radiation or nuclear incidents;

e/ To compile and keep safety and security records.

Article 28.- Radiation worker certificates

1. The following persons must have radiation worker certificates:

a/ Chief engineers of nuclear reactors;

b/ Heads of operation shifts of nuclear reactors;

c/ Safety officers;

d/ Persons in charge of radioactive decontamination;

e/ Persons in charge of response to radiation incidents and nuclear incidents;

f/ Persons managing nuclear fuel;

d Operators of nuclear reactors:

h/ Operators of accelerators:

i/ Operators of irradiation equipment using radioactive sources;

j/ Producers of radioisotopes;

k/ Photographers of industrial radioactivity.

2. Persons who fully satisfy the following conditions will be granted radiation worker certificates specified in Clause 1 of this Article:

a/ Having the full civil act capacity;

b/ Having appropriate professional qualifications and knowledge about safety.

3. Certificate holders specified in Clause 1 of this Article shall constantly update relevant knowledge.

Article 29.- Radiation safety records

1. Organizations and individuals performing radiation jobs shall compile, regularly update and keep the following records:

a/ Records of radioactive sources, nuclear material and equipment: changes, modifications or upgrading of radiation or nuclear equipment;

b/ Radiation inspection and measurement records and maintenance, testing and adjustment records;

c/ Diaries and records of incidents in the course of radiation job performance;

d/ Training documents, health records and irradiation dose records of radiation workers;

d Examination and inspection conclusions and documents on compliance with requests of competent agencies.

2. Organizations and individuals performing radiation jobs shall produce dossiers specified in Clause 1 of this Article to competent state management agencies at the latter's request.

3. Organizations and individuals performing radiation jobs shall transfer records specified in Clause 1 of this Article according to the following provisions:

a/ Records are transferred to the radiation and nuclear safety agency when organizations and individuals performing radiation jobs terminate their operation;

b/ Records specified at Points a and b. Clause 1 of this Article are transferred to new owners or users to which radioactive sources, nuclear material, radiation or nuclear equipment have been transferred;

c/ Records specified at Points c and e, Clause 1 of this Article are transferred to the radiation and nuclear safety agency when radioactive sources, nuclear material, radiation or nuclear equipment are transferred to new owners or users:

d/ Records specified at Point d, Clause 1 of this Article are transferred to new employing organizations and individuals for which/whom radiation workers are transferred to work.

Article 30.- Handling of cases in which radioactive sources, nuclear material or equipment are lost, appropriated, abandoned, illegally transferred or left undeclared

1. Organizations and individuals that have their radioactive sources, nuclear material or equipment lost or appropriated shall promptly report such to the nearest local Peoples Committee or police office or the radiation and nuclear safety agency coordinate with the police office and concerned agencies, organizations and individuals in organizing the search for and recovery of these radioactive sources, nuclear material or equipment.

2. When discovering radioactive sources, nuclear material or equipment which have been lost, appropriated, abandoned, illegally transferred or left undeclared, organizations and individuals shall promptly report them to the nearest People's Committee or police office or the radiation and nuclear safety agency.

3. Upon receiving reports or notices specified in Clauses. 1 and 2 of this Article, People's Committees, police offices and the radiation and nuclear safety agency have the following responsibilities:

a/ People's Committees shall notify such to local people so that they can proactively prevent themselves from irradiation, and join functional agencies in searching for lost, appropriated, abandoned or illegally transferred radioactive sources, nuclear material or equipment;

b/ Police offices shall assume the prime responsibility for, and coordinate with the radiation and nuclear safety agency and concerned agencies, organizations and individuals in, searching for and identifying owners or managers of lost, appropriated or abandoned radioactive sources, nuclear material or equipment;

c/ The radiation and nuclear safety agency shall assume the prime responsibility for, and coordinate with concerned agencies, organizations and individuals in. handling illegally transferred or undeclared radioactive sources, nuclear material or equipment; or handling lost, appropriated or abandoned radioactive sources, nuclear material or equipment which are now found.

4. Organizations and individuals that own or store radioactive sources, nuclear material or equipment shall bear all expenses for the search for and handling of their lost, appropriated, abandoned or illegally transferred radioactive sources, nuclear material or equipment; and shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.

Article 31.- Storage and disposal of radioactively contaminated objects

1.Radioactively contaminated objects are those having radioactive substances on their surface or in their composition.

2. Organizations and individuals that have radioactively contaminated objects shall:

a/ Take measures to store or dispose of radioactively contaminated objects under regulations applicable to radioactive waste;

b/ Ask for permission of the radiation and nuclear safety agency to take measures to dispose of radioactively contaminated objects in case the radioactive contamination level is lower than or equal to that eligible for disposal. When obtaining the disposal permission, conduct the disposal of radioactively contaminated objects like discharge of ordinary waste.

Article 32.- Minimization of harms caused by natural irradiation to human beings

1. Natural irradiation means irradiation by radiation from the outer space and surrounding natural objects.

2. The Natural Resources and Environment Ministry and the radiation and nuclear safety agency shall identify places where natural irradiation is at a level harmful to human beings and intervention by competent authorities is needed; organize survey and assessment of possible harms; notify such to provincial-level People's Committees for coordination in working out plans and organizing the application of necessary measures to minimize harms to human beings.

Article 33.- Responsibility to provide in detail for radiation safety, nuclear safety and security of radioactive sources, nuclear material and nuclear facilities

1. The Science and Technology Ministry shall provide for and guide in detail the following:

a/ Dose limit, control of occupational irradiation and control of irradiation to the public;

b/ Adherence to the principle of multi-layer protection;

c/ Radiation inspection in the performance of radiation jobs;

d/ Radioactive decontamination upon completion of radiation jobs;

e/ Radiation jobs requiring safety officers;

f/ Professional qualifications of and requirements of safety training for radiation workers;

g/ Conditions, order and procedures for granting radiation worker certificates, valid terms and extension of these certificates, and recognition of radiation worker certificates granted by foreign organizations;

h/ Reports on the state of radioactive waste burial and mapping of burial sites:

i/ Contents of radiation safety records and the preservation duration for each type of record;

j/ Disposal and storage of radioactive waste, used radioactive sources and spent nuclear fuel;

k/ Level for exemption from declaration or licensing, level eligible for disposal, procedures for assessment, evaluation or approval, and measures to dispose of radioactive sources and radioactively contaminated objects;

1/ Identification of places where natural irradiation is at a level harmful to human beings and intervention by competent authorities is needed;

m/ Regulations on the national radioactive waste repository, radioactive waste burial sites security and other matters falling within its competence.

2. The Health Ministry shall provide for and guide in detail the following:

a/ Regular health-checks for radiation; workers;

b/ Guided levels of irradiation doses for patients and control of medical irradiation.

3. The Labor, War Invalids and Social Affairs Ministry shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, provide for and guide in detail salaries, working time, rest time, occupational allowances and other special entitlements for radiation workers and persons working in radioactively hazardous environments.