Chương 9 Luật năng lượng nguyên tử 2008: Khai báo và cấp giấy phép

Chapter IX

DECLARATION AND LICENSING

Article 72.- Declaration of radioactive substances, radiation equipment nuclear material and nuclear equipment

1. Organizations and individuals having radioactive substances or waste of a radioactivity above the level for exemption from declaration: radiation equipment of a capacity above the level for exemption from declaration; nuclear source material, nuclear material and nuclear equipment shall declare them to the radiation and nuclear safety agency on their quantity, category, characteristic and origin, and supply other information as specified in Clause 3, Article 22 of this Law.

2. Declaration must be made within seven working days after declarants process radioactive material, radiation equipment or nuclear equipment.

Article 73.- Licenses to perform radiation jobs

1. Organizations and individuals performing radiation jobs must be licensed, except for cases specified in Clause 2 of this Article.

2. Organizations and individuals may perform the following radiation jobs without a license:

a/ Producing, processing, importing, exporting, packaging, transporting, storing or using radioactive substances of a radioactivity at or below the level for exemption from licensing;

b/ Using radioactive sources or radiation equipment on the list of these for which licenses are not required.

Article 74.- Term of licenses to perform radiation jobs

1. Licenses for multiple import or export of radioactive sources of under-medium danger level are valid for twelve months.

2. Licenses for single import or export of radioactive sources of medium danger level or higher, nuclear material and equipment are valid for six months.

3. Licenses for foreign organizations andindividuals to transport radioactive material in transit via the Vietnamese territory: and licenses for nuclear-powered seagoing ships and other vehicles to operate in the Vietnamese territory are valid for six months.

4. Licenses for nuclear-powered seagoing ships and other vehicles of domestic organizations and individuals are valid for ten years.

5. Licenses to operate research nuclear reactors or nuclear power plants are valid for ten years.

3. Licenses to operate irradiation equipment are valid for five years.

7. Licenses to perform other radiation jobs are valid for three years.

Article 75.- Licensing conditions

1. An organization that fully satisfies the following conditions may be licensed to perform radiation jobs:

a/ Being established under law;

b/ Performing radiation jobs suitable to its operating functions;

c/ Having qualified staff and appropriate physical-technical foundation;

d/ Fully satisfying the conditions for assurance of safety and security for each radiation job specified in this Law;

e/ Having completed the dossier and procedures for applying for a license under this Law and other relevant laws.

2. An individual who fully satisfies the following conditions may be licensed to perform radiation jobs:

a/ Having the full civil act capacity;

b/ Performing radiation jobs in accordance with his/her practice or business registration:

c/ Having appropriate professional qualifications:

d/ Fully satisfying the conditions for assurance of safety and security for each radiation job specified in this Law;

e/ Having completed the dossier and procedures for applying for a license under this Law and other relevant laws.

Article 76.- License application dossiers

1. A dossier of application for a license to perform radiation jobs comprises the following documents:

a/ Application for a license;

b/ Quantity, category, characteristics, origin and use purpose of the radioactive substance, radiation equipment, nuclear material or equipment;

c/ Documents evidencing sufficient and qualified personnel; plan on personnel training;

d/ Safety assessment or safety analysis report for each specific radiation job;

e/ Process of quality assurance;

f/ Plan on response to a radiation or nuclear incident for each specific radiation job:

g/ Planned record-keeping and reporting systems.

2. A dossier of application for a license to dispose of or store radioactive waste, used radioactive sources and spent nuclear fuel comprises the documents specified in Clause 1 of this Article and the following documents:

a/ Expected quantities, categories, characteristics of radioactive waste, used radioactive sources and spent nuclear fuel to be stored or disposed of;

b/ Methods of and equipment for disposing of radioactive waste, used radioactive sources and spent nuclear fuel;

c/ Anticipated emissions into the environment and plan on radiation inspection of the environment;

d/ Planned research and development activities in support of the disposal or storage of radioactive-waste, used radioactive sources and spent nuclear fuel at the disposal or storage facility;

e/ Planned storage and burial places.

3. A dossier of application for a license to explore, exploit or process radioactive ores comprises the documents specified in Clause 1 of this Article and the following documents:

a/ Map of the area in which the ore exploration, exploitation or processing is to be conducted:

b/ Planned place for storing waste from the exploration, exploitation or processing; waste disposal method(s) and equipment;

c/ Planned measures for and plan on environmental rehabilitation after the completion of each stage and the whole process of exploration, exploitation or processing.

4. A dossier of application for a license to transport radioactive material comprises the documents specified in Clause 1 of this Article and the following documents:

a/ Documents evidencing the satisfaction of safety and security requirements by transport vehicles:

b/ Detailed description of goods packages: c/ Measures to fix radioactive material inside a package, package covers and packages on transport vehicles;

d/ Maximum irradiation dose ratio on the surface of a package and surrounding area within one meter from a package;

e/ Documents evidencing the assurance of safety of radioactive material contained in a package under normal conditions as well as upon occurrence of an incident;

f/ Transportation contract. -

5. A dossier of application for a license to import or export radioactive material or nuclear equipment comprises the documents specified in Clause 1 of this Article and the following documents:

a/ Information on organizations and individuals using radioactive material or nuclear equipment;

b/ Import or export contract, clearly stating responsibilities of parties involved in import or export.

Article 77.- Licensing competence, order and procedures

1. Licensing competence is provided for as follows:

a/ The Science and Technology Ministry issues licenses to perform radiation jobs, except for the cases specified at Points b, c and d of this Article;

b/ Provincial-level People's Committees issue licenses to use X-ray equipment in medical diagnosis:

c/ The Natural Resources and Environment Ministry issues licenses to explore, exploit and process radioactive ores on the basis of results of safety assessment by the radiation and nuclear safety agency:

d/ The Industry and Trade Ministry issues licenses to conduct test operation and official operation of nuclear power plants after reaching agreement with the Science and Technology Ministry and the National Council for Nuclear Safety.

2. After receiving complete and valid dossiers, competent state agencies specified in Clause 1 of this Article shall consider and issue licenses within the following time limits:

a/ Fifteen working days, for import or export:

b/ Thirty days, for X-ray equipment for medical use;

c/ Sixty days, for other radiation jobs, except for licenses to operate research nuclear reactors and licenses to operate nuclear power plants.

3. In case of refusal to issue licenses, state management agencies competent to issue licenses shall, within the time limits specified in Clause 2 of this Article, reply applicants in writing, clearly stating the reason.

Article 78. Modification, supplementation, extension or re-issuance of licenses

1. Organizations and individuals that wish to have their licenses to perform radiation jobs modified, supplemented, extended or re-issued shall send dossiers of application to competent

state agencies.

2. Organizations and individuals shall send dossiers of application for license extension at least one hundred and eighty days before the expiration of licenses to operate nuclear reactors or nuclear power plants, or sixty days before the expiration of licenses for other radiation jobs.

3. Dossiers, order and procedures for modifying, supplementing, extending or reissuing licenses comply with Articles 41,47,48. 55,64, 76 and 77 of this Law.

4. State management agencies competent to issue licenses may modify, supplement, extend and re-issue licenses.

Article 79.- Withdrawal of licenses

1. Organizations and individuals have their licenses to perform radiation jobs withdrawn in the following cases:

a/ They seriously violate the provisions on safety and security conditions;

b/ They violate the provisions of safety and security conditions and fail to remedy their violations within time limits prescribed by competent state agencies;

c/ They are administratively sanctioned for violations of the safety and security provisions for the second time within twelve months;

d/ They are forced to terminate the performance of radiation jobs under law;

e/They wish to terminate the performance of radiation jobs.

2. Organizations and individuals that have their licenses withdrawn for violation of safety and security provisions may only be considered for re-issuance of licenses twenty four months after the license withdrawal.

3. State management agencies competent to issue licenses may withdraw these licenses.

Article 80.- Charges and fees

1. Organizations and individuals that apply for issuance, re-issuance, extension, amendment or supplementation of their licenses shall pay charges and fees prescribed by law.

2. The Government shall specify the collection and use of charges and fees for atomic energy activities and assurance of safety and security in these activities.

Article 81.- Responsibilities to specify and guide the declaration and issuance of licenses to perform radiation jobs

1. The Science and Technology Ministry shall specify and guide the following contents:

a/ Procedures and dossiers for declaration of radioactive material and nuclear equipment;

b/ List of radiation jobs involving the use of radioactive sources and radiation equipment for which licenses are not required;

c/ Dossiers of application for licenses to operate research nuclear reactors;

d/ Dossiers of application for licenses to transport radioactive material in transit via the Vietnamese territory; dossiers of application for licenses to operate nuclear-powered seagoing ships and other vehicles in the Vietnamese territory;

e/ Time limits for examination of dossiers of application for licenses to construct or operate research nuclear reactors;

f/ Contents and set forms of licenses;

g/ Personnel and technical conditions for being licensed.

2.The Industry and Trade Ministry shall assume the prime responsibility for. and coordinate with the Science and Technology Ministry in. specifying and guiding dossiers of application for licenses, time limits for examination of dossiers of application for licenses to operate nuclear power plants: contents and set forms of licenses; financial, personnel and technical conditions for being licensed.