Chương 7 Luật năng lượng nguyên tử 2008: Vận chuyển và nhập khẩu, xuất khẩu vật liệu phóng xạ, thiết bị hạt nhân

Chapter VII

TRANSPORTATION, IMPORT AND EXPORT OF RADIOACTIVE MATERIAL AND NUCLEAR EQUIPMENT

Section 1. TRANSPORTATION

Article 60.- Requirements on organizations and individuals transporting radioactive material

1. Organizations and individuals may only transport radioactive material after being licensed by competent state management agencies.

2. Transporting organizations and individuals may not refuse to transport radioactive material already packaged under Article 61 of this Law and satisfying all conditions for transportation under law.

Article 61.- Packaging of radioactive materials for transportation

1. Before being transported, radioactive materials must be packaged to assure their safety during transportation.

2. Radioactive packages must be designed, manufactured and tested to assure their safety level corresponding to the level of danger of radioactive material and may only be used after obtaining permission of competent state management agencies.

3. Radioactive packages may be used to contain only radioactive materials and necessary proof documents and objects related to the transported radioactive material.

4. The packaging of radioactive materials for transportation must comply with national technical regulations.

Article 62.- Plans on assurance of safety and security and plans on response to incidents during transportation

1. When transporting radioactive material, organizations and individuals shall work out and implement plans on safety and security assurance, satisfying the following requirements:

a/ To devise plans on protection of safety for persons directly involved in the transportation and other related persons; and to check the radioactive contamination of packages, areas where radioactive packages are prepared, warehouses and vehicles: compile and preserve checking dossiers;

b/ Persons involved in the transportation must be trained and provided with updated knowledge about radiation safety and knowledgeable about fire protection rules and regulations on safe transportation of radioactive material:

c/ To work out and control the transportation itinerary; to prevent loss, misappropriation or destruction of radioactive material.

2. hen transporting radioactive material, organizations and individuals shall work out plans on response to a facility-level incident, satisfying the following requirements:

a/To specify tasks of sections and individuals upon the occurrence of an incident;

b/ To make an emergency notification of the incident to competent agencies;

c/ To apply necessary measures and technical devices to respond to the incident;

d/ To issue a warning to inhabitants in areas surrounding the incident site;

e/ To zone off the radioactively contaminated area for segregation, prevent any access to this area and remedy the radioactive contamination;

f/To give first aid to victims.

3. Plans on response to incidents in the transportation of radioactive substances or waste of an above-medium level of danger and the transportation of nuclear material must be maneuvered and evaluated by state management agencies competent to license the transportation.

4. The Science and Technology Ministry shall guide in detail the elaboration of plans on assurance of safety and security and plans on response to incidents in the transportation of radioactive material.

Article 63.- Responsibilities of organizations and individuals involved in transportation

1. Responsibilities of consignors:

a/To apply for licenses to transport radioactive material;

b/ To package radioactive material for transportation under Article 61 of this Law;

c/ To inform transporting organizations and individuals of safety and security requirements, and supply documents relevant to transported goods;

d/ To coordinate with transporting organizations and individuals in guiding transportation staff in observing the terms of transportation licenses and contracts;

e/ To keep consignment documents

2. Responsibilities of transporters:

a/ To check safety conditions of consigned goods under regulations;

b/To comply with the terms of transportation licenses and contracts; to undertake to transport goods only if these goods are accompanied with valid documents and properly packaged to assure safety in transportation and all procedures for these goods have been completed;

c/To coordinate with consigning organizations and individuals in guiding transportation staff in observing the terms of transportation licenses and contracts;

d/ To promptly report to the radiation and nuclear safety agency on unclaimed radioactive packages.

3. Responsibilities of consignees:

a/ To coordinate with consignors and transporters in receiving safely and in time radioactive packages in order to swiftly release these packages from places of delivery;

b/ To join involved organizations and individuals in mitigating incident consequences:

c/ To report promptly to consignors and the radiation and nuclear safety agency upon detecting that received goods are different in category and quantity from those stated in transportation contracts, or radioactive packages show signs of deterioration, unpacking or radioactive leakage.

4. Responsibilities of organizations and individuals storing radioactive packages at entrepot warehouses:

a/ To coordinate with transporters and consignees in receiving safely and in time radioactive packages in order to swiftly release these packages from places of delivery;

b/ To join involved parties in mitigating incident consequences;

c/ To report promptly to the radiation and nuclear safety agency upon detecting that radioactive packages show signs of deterioration, unpacking or radioactive leakage; or on unclaimed radioactive packages.

5. Organizations and individuals involved in the transportation shall implement plans on safety and security assurance and response to incidents as specified in Article 62 of this Law.

Article 64.- Safety control of transit transportation of radioactive material and operation of seagoing ships and other vehicles that are nuclear-powered

The transportation of radioactive materials transiting the Vietnamese territory, operation of seagoing ships and other vehicles that are nuclear-powered in the Vietnamese territory must be permitted by the Prime Minister and supervised by competent state management agencies.

Section 2. IMPORT AND EXPORT

Article 65.- Control of import and export of radioactive material and nuclear equipment

1. The import and export of radioactive material and nuclear equipment must comply with the following provisions:

a/ Radioactive material and nuclear equipment may only be imported or exported under licenses issued by competent state management agencies;

b/ Radioactive material must be packaged under Article 61 of this Law.

2. Customs offices shall prioritize the custom clearance of radioactive material which fully satisfies the conditions specified in Clause 1 of this Article. Any violation shall, depending on its nature and seriousness and consequences caused, be handled under law.

3. Organizations and individuals that import radioactive material and nuclear equipment in violation of Clause 1 of this Article shall, depending on the nature, seriousness and consequences of their violations, be forced by competent state management agencies to remedy their violations before customs clearance, reexport the imported goods or have their goods confiscated.

4. Organizations and individuals that export radioactive material and nuclear equipment in violation of Clause 1 of this Article shall, depending on the nature, seriousness and consequences of their violations, be forced by competent state management agencies to remedy their violations before customs clearance.

5. The Government shall specify a mechanism for coordination among customs offices, the radiation and nuclear safety agency and concerned agencies in controlling the import and export of radioactive material and nuclear equipment at border gates.

Article 66.- Control of import of consumer goods which have been irradiated or contain radioactive substances

1. Consumer goods which have been irradiated and are not on the list of goods permitted for import or which are on such list but have been excessively irradiated or which contain radioactive substances in excess of the prescribed level are not permitted for import.

2. Consumer goods which have been irradiated or contain radioactive substances permitted for export must have labels clearly stating the irradiation or contained radioactive substances.

3. The Health Ministry shall specify a list of consumer goods which have been irradiated or contain radioactive substances permitted for export and the permitted radiation level applicable to consumer goods on the basis of results of safety assessment by the radiation and nuclear safety agency.

Article 67.- Control of imported goods suspected of containing radioactive substances or being radioactively contaminated

1. The radiation and nuclear safety agency shall coordinate with customs offices in applying necessary measures to detect and inspect imported goods suspected of containing radioactive substances or being radioactively contaminated.

2. Upon detecting imported goods which contain radioactive substances or are radioactively contaminated, customs offices shall stop carrying out customs clearance procedures and notify such to goods owners for handling with the following measures:

a/ Immediately applying necessary measures to assure safety in order to minimize harms to human beings and the environment;

b/ Applying measures to remove radioactive substances from or decontaminate the goods, except for the case of immediate re-export.

3. Customs offices shall coordinate with the radiation and nuclear safety agency in controlling the application of measures specified in Clause 2 of this Article.

4. After applying measures specified at Point b, Clause 2 of this Article, if the goods satisfy the conditions for import, customs clearance procedures may be resumed. If such goods still fail to satisfy the conditions for import, they shall be re-exported.

5. Goods owners shall mitigate all consequences caused at ports by imported goods which contain radioactive substances or are radioactively contaminated.