Chương 5 Luật năng lượng nguyên tử 2008: Cơ sở hạt nhân

Chapter V

NUCLEAR FACILITIES

Section I. GENERAL PROVISIONS ON NUCLEAR FACILITIES

Article 37.- Nuclear facilities and their designs

1. Nuclear facilities include:

a/ Research nuclear reactors;

b/ Nuclear power plants;

c/ Facilities that enrich uranium or produce nuclear fuel;

d/ Facilities that store, dispose of or bury spent nuclear fuel.

2. The building or changes in the size and operation scope of nuclear facilities must be designed in compliance with national technical regulations.

The Science and Technology Ministry shall organize the evaluation of designs of nuclear facilities other than nuclear power plants.

Article 38.- Approval of locations of nuclear facilities

1. Locations of nuclear facilities must be approved before or at the same time with the filing of applications for construction licenses. A dossier of request for approval of a building location comprises the following documents:

a/ Application for approval of the location:

b/ General report on the selection of the location;

c/ Preliminary design of the nuclear facility;

d/ Report on environmental impact assessment;

e/ Evaluation results of the report on environmental impact assessment;

f/ Preliminary safety analysis report:

g/ Safety assessment report;

h/ Plan on radiation inspection of earth, air, ground water and surface water environments in the area to be affected by the facility's operation.

The selection of locations of nuclear facilities must be based on national technical regulations.

2. The Science and Technology Ministry shall approve locations of nuclear facilities other than nuclear power plants.

Article 39.- Reports on safety analysis and reports on safety assessment of nuclear facilities

1. Nuclear facilities shall make reports on safety analysis when applying for construction licenses, changing their operation scale and scope, terminating their operation, or operating research nuclear reactors or nuclear power plants.

2. Nuclear facilities shall make reports on safety assessment when applying for licenses or renewed licenses to perform radiation jobs specified in Article 18 of this Law other than operation of research nuclear reactors or nuclear power plants.

3. The Science and Technology Ministry shall specify contents of safety analysis and reports on safety assessment of nuclear facilities.

Article 40 - Dismantlement and radioactive decontamination of nuclear facilities, disposal of nuclear fuel and equipment and radioactive waste

1. When terminating its operation, a nuclear facility shall submit to the radiation and nuclear safety agency for approval a plan on dismantlement radioactive decontamination and disposal of nuclear fuel and equipment or radioactive waste, and organize the implementation of the approved plan.

2. The radiation and nuclear safety agency shall organize the inspection of the dismantlement, radioactive decontamination and disposal of nuclear fuel and equipment or radioactive waste, and issue decisions to recognize the nuclear facilities' discharge of the responsibility to assure safety.

3. Nuclear facilities shall bear all expenses for the dismantlement and storage or disposal of radioactive waste generated from the dismantlement.

4. The dismantlement, radioactive decontamination and disposal of nuclear fuel and equipment or radioactive waste comply with national technical regulations.

5. The Science and Technology Ministry shall specify the order of and procedures for the evaluation and approval of nuclear facilities" plans on dismantlement, radioactive decontamination and disposal of nuclear fuel and equipment or radioactive waste.

Section 2. RESEARCH NUCLEAR REACTORS

Article 41.- Building and operation of research nuclear reactors

1. A dossier of application for a license to construct a research nuclear reactor comprises:

a/ Application for a construction license;

b/ Detailed design of the nuclear reactor and related works;

c/ Report on environmental impact assessment;

d/ Results of evaluation of the report on environmental impact assessment;

e/ Safety analysis report;

f/ Process of ensuring construction-related quality;

g/ Plan on dismantlement of the nuclear reactor;

h/ Safety assessment report;

i/ Other related documents.

2. Research nuclear reactors shall obtain test operation permits before they are fed with fuel.

3. The test operation of a research nuclear reactor must be conducted at a low capacity level concurrently with the checking of technical norms and operational limit and gradual increase of its capacity to the designed level. Upon applying for construction licenses, organizations having research nuclear reactors shall make nuclear reactor test operations reports and safety analysis reports, clearly explaining changes in technical parameters and operational limits compared with designs, and send them to the radiation and nuclear safety agency.

4. The radiation and nuclear safety agency shall evaluate research nuclear reactor test operation reports and safety analysis reports, then propose the Science and Technology Ministry to grant official licenses for operation of research nuclear reactors.

5. The Science and Technology Ministry shall grant licenses for construction and licenses for operation of research nuclear reactors.

Article 42.- Safety inspection of construction or change in operation scale and scope of research nuclear reactors

1. The radiation and nuclear safety agency shall organize safety inspection of the construction or change in the operation scale and scope of a research nuclear reactor and may request the investor to suspend or temporarily stop the construction if it detects any detail of the reactor under construction which is different from design and shall bear responsibility before law for its decision.

2. When conducting an inspection under Clause 1 of this Article, the radiation and nuclear safety agency may request the investor to supply documents and reports on the following:

a/ Capability, professional qualifications and skills of organizations or individuals responsible for construction and construction supervision:

b/ Time for the pre-handover test of each construction stage;

c/ Observance of safety regulations in the course of construction of the research nuclear reactor.

3. The investor, organizations or individuals responsible for construction shall create conditions for competent state management agencies to conduct a site inspection of compliance with the approved design.

Article 43.- Inspection of installation test operation and pre-handover test of safety of research nuclear reactors

1. The radiation and nuclear safety agency shall organize safety inspection of the installation, test operation and pre-handover test of research nuclear reactors.

The inspection of installation or test operation shall be conducted for each construction item for which preliminary pre-handover test conclusions has been made before the test operation of the next construction item or the whole system is permitted and a pre-handover test is conducted.

2. The radiation and nuclear safety agency that organizes inspection under Clause 1 of this Article may request construction investors to supply documents and report on the following

a/ Process and schedule of installation, test operation and pre handover test:

b/ Observance of safety regulations in the course of installation, test operation and pre-handover test.

3. The overall pre-handover test of research nuclear reactors may only be conducted after all construction items are tested.

Article 44.- Protection and observation of environmental radioactivity of research nuclear reactors

1. Organizations that have research nuclear reactors shall:

a/ Organize strict protection and control of persons and vehicles entering and leaving nuclear reactor areas;

b/ Establish restricted areas and safety protection areas surrounding nuclear reactors;

c/ Conduct observation of environmental radioactivity in the locations of nuclear reactors, biannually report to the radiation and nuclear safety agency on observation results, and immediately report on abnormal observation results.

2. The protection of research nuclear reactors complies with legal provisions applicable to works important to national security.

Section 3. NUCLEAR POWER PLANTS

Article 45.- Requirements on nuclear power plants

1. A nuclear power plant means a complex of works, including a nuclear reactor and other affiliated works.

2. Investment in building nuclear power plants must be in line the planning on nuclear power development already approved by the Prime Minister.

3. The selection and approval of locations, designing, building, installation, operation and assurance of safety of nuclear power plants comply with the provisions of this Law and other relevant laws.

Article 46.- Decision on policies on investment in building nuclear power plants

1. The Government shall submit to the National Assembly for consideration and decision policies on investment in building nuclear power plants.

2. A dossier of a nuclear power plant project to be submitted to the National Assembly comprises:

a/The Government's written exposition;

b/ Pre-feasibility report (investment report);

c/ Report of the State Evaluation Council;

d/ Other relevant documents.

Article 47.- Locations of nuclear power plants

1. The location of a nuclear power plant must satisfy the following basic requirements;

a/ Assuring safety for local people;

b/ Assuring safety of operation of the nuclear power plant, with geological, hydrological, natural disaster, transport and other factors taken into consideration;

c/ Assuring security for operation of the nuclear power plant;

d/ Mitigating consequences upon occurrence of an incident.

2. A dossier on the location of a nuclear power plant to be submitted to the Prime Minister for approval comprises:

a/ Application for approval of the location;

b/ General report on the location selection;

c/ Preliminary design of the nuclear power plant;

d/ Environmental impact assessment report; e/ Results of evaluation of the report on environmental impact assessment;

f/ Preliminary safety analysis report;

g/ Safety assessment report;

h/ Plan on radiation inspection of earth, air, ground water and surface water environments in the area to be affected by the operation of the nuclear power plant;

i/ Report of the State Evaluation Council;

j/ Resolution of the provincial-level People's Council of the locality in which the nuclear power plant is planned to be located, stating local people's opinions on measures to assure safety and security, policies on investment in technical infrastructure construction, development of culture, education and social welfare in order to ensure harmony between the interests of the State and the investors and local people's benefits;

k/ Other relevant documents

Article 48.- Investment projects on building nuclear power plants

1. An investment project on building a nuclear power plant must be formulated, evaluated and approved under the construction, investment and bidding laws.

2. Apart from complying with the provisions of Clause 1 of this Article, a dossier of an investment project on building a nuclear power plant to be submitted by the investor to the Prime Minister must contain the following documents:

a/ Application for a construction investment license;

b/ Detailed design of the nuclear power plant;

c/ Environmental impact assessment report;

d/ Results of evaluation of the environmental

impact assessment report:

e/ Safety analysis report:

f/ Process for assuring construction-related quality;

g/ Plan on dismantlement of the nuclear power plant and payment of dismantlement expenses; management of spent nuclear fuel and radioactive waste;

h/ Safety assessment report;

i/ Report of the State Evaluation Council;

j/ Other relevant documents.

Article 49.- Construction of nuclear power plants

1. A nuclear power plant may only be constructed after the Prime Minister approves its location and investment project under Articles 47 and 48 of this Law.

2. Investors and organizations constructing nuclear power plants shall comply with national technical regulations and assure nuclear safety under this Law and other relevant provisions of law.

Article 50.- Operation of nuclear power plants

1. A nuclear power plant must obtain a test operation license before fuelling its nuclear reactor.

2. The test operation of a nuclear power plant must be conducted at a low-capacity level concurrently with the checking of technical norms and operational limit and gradual increase of its capacity to the designed level. Organizations having nuclear power plants shall make reports on test operation and reports on safety analysis of nuclear power plants, clearly explaining changes in technical norms and operational limits compared with their designs submitted upon applying for construction licenses, then send them to the radiation and nuclear safety agency.

3. The radiation and nuclear safety agency shall evaluate reports on test operation results and reports on safety analysis of nuclear power plants, and propose the National Council for Nuclear Safety to assess evaluation results and issue licenses for official operation of nuclear power plants.

Article 51,- Inspection of safety in construction, change in operation scale and scope, installation, test operation and pre-handover safety test of nuclear reactors of nuclear power plants

1. The inspection of safety in construction, change in the operation scale and scope, installation, test operation and pre-handover safety test of nuclear reactors of nuclear power plants shall be conducted under the provisions of Articles 42 and 43 of this Law.

2. The radiation and nuclear safety agency shall report to the National Council for Nuclear Safety on results of safety inspection specified in Clause 1 of this Article.

Article 52.- Protection and observation of environmental radioactivity of nuclear power plants

The protection and observation of environmental radioactivity of nuclear power plants comply with Article 44 of this Law.

Article 53.- Regular inspection of safety and security of nuclear power plants

1. The radiation and nuclear safety agency shall set up inspection offices at nuclear power plants to regularly inspect safety and security of these nuclear power plants.

2. Organizations having nuclear power plants shall create conditions for the radiation and nuclear safety agency to conduct inspections specified in Clause 1 of this Article.

Article 54.- Reports on the actual state of safety of nuclear power plants

1. Organizations having nuclear power plants shall make reports on the actual state of safety, which must have the contents specified in Clause 2, Article 20 of this Law, and send them to the radiation and nuclear safety agency according to the following provisions:

a/ Annual reports or reports made at the request of the radiation and nuclear safety agency;

b/ General reports made once every ten years;

2. General reports specified at Point b, Clause 1 of this Article must propose the duration in which nuclear power plants are allowed to continue operating.

Article 55.- Handling of results of safety inspection and assessment of nuclear power plants

1. Upon detecting safety or security loopholes, the radiation and nuclear safety agency may request nuclear power plants to apply remedial measures. In case of serious violation of safety and security regulations, they shall propose competent state agencies to stop operation of violating plants.

2. Based on general reports specified at Point b. Clause 1, Article 54 of this Law and safety assessment reports of the radiation and nuclear safety agency, competent state agencies shall consider the extension of nuclear power plant operation licenses.

Article 56.- Responsibility of organizations having nuclear power plants to ensure sufficient personnel

1. To ensure sufficient personnel who are fully qualified and have necessary skills for safely operating nuclear power plants, managing nuclear fuel, storing and disposing of radioactive waste and dismantling nuclear power plants.

2. To organize the training and re-training of nuclear power plant operators.

3. To appoint qualified persons to the post of chief engineer, head of operation shift, manager of nuclear fuel or safety officer.

Article 57.- Public information

The Industry and Trade Ministry shall assume the prime responsibility for, and coordinate with the Science and Technology Ministry, the Information and Communication Ministry and provincial-level People's Committees of localities where nuclear power plants are located and organizations having nuclear power plants in, organizing the following:

1. Propaganda and supply of information for raising public awareness about nuclear power plants;

2. Propaganda and popularization of knowledge on safety among people in localities where nuclear power plants are located:

3. Regular supply of information on the actual state of safety of nuclear power plants to people in localities where nuclear power plants are located.