Chương III Nghị định 142/2020/NĐ-CP: Hoạt động dịch vụ hỗ trợ ứng dụng năng lượng nguyên tử

Chapter III

AUXILIARY SERVICES FOR ATOMIC ENERGY APPLICATION

Section 1. ELIGIBILITY FOR ISSUANCE OF REGISTRATION FOR AUXILIARY SERVICES FOR ATOMIC ENERGY APPLICATION

Article 38. Radiation and nuclear technical and technology advice; radiation technology and nuclear technology assessment and appraisal

1. Having written materials, methods, technical procedures and documents on capacity for providing services.

2. Having programs for guaranteeing and controlling quality of technical and technology advice services in atomic energy sector, radiation and nuclear technology assessment services; having management systems and operational capacity satisfactory to National Standards TCVN ISO/IEC 17020:2012 or International Standards ISO/IEC 17020:2012 or national, international standards on specialized appraisal for radiation and nuclear technology appraisal service.

Article 39. Radiation monitoring

1. Having radiation dose rate meters which are under calibration certificates that remain valid for at least 30 days from the date on which applications are received.

2. In case of measuring radiation contamination to surface and air: Having surface and air radiation contamination measuring instrument which is under calibration certificates that remain valid for at least 30 days from the date on which applications are received.

3. Having personal dose rate meters and protective gears for employees to protect from external exposure.   In case service provision includes contact with open radiation sources, protective gears for employees to protect from internal exposure.

4. Having programs for guaranteeing service quality.

Article 40. Radioactive decontamination

1. Having tools, chemicals and materials for radioactive decontamination.

2. Satisfying requirements specified under Article 39 of this Decree;

Article 41. Radioactivity assessment

1. Having equipment for identifying radioactive isotopes.

2. In case of assessing activity of specimen: Having standard specimen, specimen processing systems and specimen analysis equipment suitable for assessed radioactive isotopes.

3. Satisfying requirements specified under Article 39 of this Decree;

Article 42. Installation, maintenance and repair of radiation devices

1. Satisfying requirements specified under Points a, b, c, d, and h Clause 2 Article 5 of this Decree.

2. Having hot cells or shielding equipment for when interacting with radiation sources.

3. Having adequate equipment to provide services.

4. Satisfying requirements specified under Article 39 of this Decree.

Article 43. Measurement of personal exposure

1. Having corresponding personal exposure meters, personal dosimeters and measurement results satisfactory to standard dose rate. 

2. Having storage rooms and personal exposure measurement rooms conforming to guidelines of manufacturers of personal exposure meters. 

3. Satisfying requirements specified under Clause 4 Article 39 of this Decree.

Article 44. Radiation device inspection

1. Having equipment and tools serving radiation device inspection conforming to corresponding National Technical Regulations on radiation device inspection. In case of radiation devices that are not prescribed by National Technical Regulations on inspection, may apply guiding documents of manufacturers of equipment for inspecting the radiation devices.

2. Satisfying requirements specified under Clause 1, Clause 3 and Clause 4 Article 39 of this Decree.

Article 45. Radiation gauge calibration

1. Having standard radiation sources and radiation devices calibrated in standard rooms for radiation measurement, national or international nuclear measurement.

2. Having standard rooms for calibration of radiation gauges which satisfy following requirements:

a) Shielding mechanisms must assure radiation safety for radiation employees, the general public and ensure that calibration is not affected by environmental radiation;

b) Temperature and humidity control systems must be installed to guarantee calibration quality;

c) In case room design or guidelines on room dimension of suppliers of standard equipment or sources are not available, ensure minimum dimension of standard rooms according to Annex VII of this Decree. 

3. Satisfying requirements specified under Clause 1, Clause 3 and Clause 4 Article 39 of this Decree.

Article 46. Radiation device experimentation

1. Having rooms for experimenting radiation devices that satisfy following requirements:

a) Shielding mechanisms must assure radiation safety for radiation employees and the general public;

b) Experiments must not be conducted simultaneously along other activities.

2. Satisfying requirements specified under Points a, b, c, d, and h Clause 2 Article 5 of this Decree.

3. Satisfying requirements specified under Clause 1, Clause 3 and Clause 4 Article 39 of this Decree.

Article 47. Radiation safety training; speciality and operation training

1. Having teaching programs and materials satisfactory to radiation-related affairs applied for permit. Teaching programs and materials must fully convey regulations and law, techniques and practice exercises according to Ministry of Science and Technology.

2. Having technical equipment serving lecture and practice sessions.

3. Having programs for guaranteeing service quality.

Section 2. ELIGIBILITY FOR ISSUANCE OF PRACTICE PERMIT OF AUXILIARY SERVICES FOR ATOMIC ENERGY APPLICATION

Article 48. General eligibility for issuance of practice permit of auxiliary services for atomic energy application

1. Having specialized knowledge and working experience suitable for each form of services specified under Article 49, Article 50 and Article 51 of this Decree.

2. Having certificates for specialized training issued by training facilities which are permitted by competent agencies for forms of services from Point a to Point k Clause 3 Article 1 of this Decree.

In case training facilities permitted by competent agencies are not available in Vietnam, satisfy any of following requirements:

- Having certificates issued by overseas agencies and organizations for specialized training suitable for forms of services applied for permit;

- Having participated in developing legislative documents, national technical regulations and national technical standards on forms of services applied for permit.

3. Having experience in teaching or teaching assistance at training facilities for forms of services specified under Point l Clause 3 Article 1 of this Decree.

Article 49. Radiation and nuclear technical and technology advice; radiation technology and nuclear technology assessment and appraisal

1. In case of provision of radiation and nuclear technical and technology advice services: Having at least university degrees in technical major suitable for forms of services provided and having at least 5 years of experience in atomic energy. 

2. In case of provision of radiation and nuclear technology assessment services: Having at least university degrees in training major suitable for technologies to be assessed and at least 5 years of experience in technologies to be assessed. 

3. In case of provision of radiation and nuclear technology assessment services: Having at least university degree in training major suitable for technologies to be assessed, receiving training regarding National Standards TCVN ISO/IEC 17020:2012 or International Standards ISO/IEC 17020:2012 or national, international standards on specialized assessment and at least 5 years of experience in technologies to be assessed. 

Article 50. Radiation monitoring, radioactive decontamination, radioactivity assessment, installation, maintenance, repair of radiation devices, personal exposure meters, inspection of radiation devices, calibration of radiation gauges or radiation device experimentation

1. In case of provision of radioactive decontamination and calibration of radiation gauge services: Having at least university degrees in majors related to nuclear physics, radiation technology, nuclear technology and at least 5 years of experience in atomic energy.

2. In case of provision of radiation monitoring, radioactivity assessment, installation, maintenance, repair of radiation devices, personal exposure meters, inspection of radiation devices or experimentation of radiation devices: Having at least college degrees in technical majors suitable for forms of services provided and at least 3 years in atomic energy.

Article 51. Radiation safety training; speciality and operation training

1. In case of provision of radiation safety training service:

a) Regarding technical contents: Having at least university degrees in majors related to nuclear physics, radiation technology, nuclear technology and at least 5 years of experience in radiation safety;

b) Regarding legal contents: Having at least university degrees in any major related to law and majors related to nuclear physics, radiation technology, nuclear technology and at least 5 years of experience in radiation safety.

2. In case of provision of specialized training service regarding radiation and nuclear technical and technology advice; assessment and inspection of radiation and nuclear technology: Having at least university degrees in majors related to nuclear physics, radiation technology, nuclear technology or technical majors suitable for forms of services provided and at least 5 years of experience in training contents.

3. In case of provision of specialized training service regarding radiation monitoring, radioactive decontamination, assessment of radioactivity, measurement of personal exposure or calibration of radiation gauges: Having at least university degrees in majors related to nuclear physics, radiation technology, nuclear technology and at least 5 years of experience in training contents.

4. In case of provision of specialized training service regarding installation, maintenance, repair of radiation devices, inspection of radiation devices or experimentation of radiation devices: Having at least university degrees in technical majors and at least 5 years of experience in training contents. 

Section 3. PROCEDURES FOR ISSUANCE OF REGISTRATION FOR OPERATION AND PRACTICE PERMIT OF AUXILIARY SERVICES FOR ATOMIC ENERGY APPLICATION

Article 52. Procedures for issuance of registration for auxiliary services for atomic energy application

1. Implementation

Organizations shall apply for issuance of registration for provision of auxiliary services for atomic energy application by:

a) online on public service portal of Ministry of Science and Technology;

b) in person or via post service to Ministry of Science and Technology.

2. Application compositions

a) Applications for issuance of registration for operation using Form No. 9 under Annex IV of this Decree;

b) Copies of any of following documents: Decisions on organization establishment, enterprise registration certificates, investment registration certificates, certificates for science and technology activities and other equivalent documents. In case documents are lost, certification of issuing agencies or reissuance of said documents is required;

c) Declarations of employees providing services using Form No. 15 under Annex III of this Decree together with copies of employment decisions or employment contracts between applicants and the employees providing services; 

d) Copies of practice permit corresponding to forms of services of employees providing services;

dd) Declarations of equipment serving respective services using Form No. 16 under Annex III of this Decree (applicable to services specified from Point c to Point l Clause 3 Article 1 of this Decree);

e) Safety analysis reports using Form No. 12 under Annex V of this Decree (applicable to services specified from Point c to Point l Clause 3 Article 1 of this Decree);

g) Copies of agreements for personal exposure reading service of employees providing services (applicable to services specified under Points c, d, dd, e, h, i, and k Clause 3 Article 1 of this Decree);

h) Facility-level response plans for radiation accidents (applicable to services specified under Point e and Point k Clause 3 Article 1 of this Decree);

i) Training programs and teaching materials (applicable to services specified under Point l Clause 3 Article 1 of this Decree);

k) Copies of radiation-related affair permit for affairs that involve the use of radioactive substances and radiation devices for cases in which organizations employ radioactive substances and radiation devices in a manner that exceeds the limit for exemption from declaration and licensing according to National Technical Regulations QCVN5:2010/BKHCN during service provision;

l) Other documents proving facility and technical capacities satisfying requirements of forms of services according to this Decree.

3. Application quantity: 1.

4. Deadline for resolution and result return

a) Within 5 working days from the date on which applications are received, application receivers must examine adequacy and legitimacy of applications and inform fees in writing in case of adequate applications or request revision in writing in case of inadequate applications;

b) Within 30 days from the date on which adequate applications and fees are received, competent agencies are responsible for organizing appraisal of applications and issuing registration for service provision using Form No. 4 under Annex VI of this Decree;

c) In case of not issuing registration for service provision: Within the period specified under Point b of this Clause, competent agencies must respond in writing and specify reasons.

Article 53. Procedures for extension of registration of auxiliary services for atomic energy application

1. Organizations must apply for extending registration for operation at least 45 days before the registration expires. After this deadline, organizations must apply for new registration.

2. Implementation

Organizations shall apply for extension according to Clause 1 Article 52 of this Decree.

3. Application compositions

a) Applications for extension of registration for operation using Form No. 10 under Annex IV of this Decree;

b) Declaration for addition and update in case of changes to employees providing services; Service practice permit corresponding to forms of services of employees providing services;

c) Copies of previously issued registration which is close to expire;

d) Personal exposure results of employees providing services (in case of services that require the use of personal exposure meters).

4. Application quantity: 1.

5. Deadline for resolution and result return

a) Within 5 working days from the date on which applications are received, application receivers must examine adequacy and legitimacy of applications and inform fees in writing in case of adequate applications or request revision in writing in case of inadequate applications;

b) Within 30 days from the date on which adequate applications and fees are received, competent agencies are responsible for organizing appraisal of applications and extending registration for service provision using Form No. 4 under Annex VI of this Decree;

c) In case of not extending registration for service provision: Within the period specified under Point b of this Clause, competent agencies must respond in writing and specify reasons.

Article 54. Procedures for revision of registration for operation

1. Organizations must request revision of registration for operation in case of changes to information on the organizations specified on the registration such as name and address of the organizations.

2. Implementation

Organizations shall apply for revision according to Clause 1 Article 52 of this Decree.

3. Application compositions

a) Applications for revision of registration for operation using Form No. 11 under Annex IV of this Decree;

b) Original copies of registration for operation applied for revision;

c) Documents proving or verifying revised information.

4. Application quantity: 1.

5. Deadline for resolution and result return

a) Within 5 working days from the date on which applications are received, application receivers must examine adequacy and legitimacy of applications and inform fees in writing in case of adequate applications or request revision in writing in case of inadequate applications;

b) Within 5 days from the date on which adequate applications and fees are received, competent agencies are responsible for organizing appraisal of applications and issuing registration for service provision using Form No. 4 under Annex VI of this Decree.

c) In case of not issuing revised registration for service provision: Within the period specified under Point b of this Clause, competent agencies must respond in writing and specify reasons.

Article 55. Procedures for reissuance of registration for operation

1. Organizations must apply for reissuance of registration for operation in case the registration is damaged, torn or missing.

2. Implementation

Organizations shall apply for reissuance according to Clause 1 Article 52 of this Decree.

3. Application compositions

a) Applications for reissuance of registration for operation using Form No. 12 under Annex IV of this Decree;

b) Original copies of registration for operation (in case of reissuance due to damaged, torn or missing registration).

4. Application quantity: 1.

5. Deadline for resolution and result return

a) Within 5 working days from the date on which applications are received, application receivers must examine adequacy and legitimacy of applications and inform fees in writing in case of adequate applications or request revision in writing in case of inadequate applications;

b) Within 5 working days from the date on which adequate applications and fees are received, competent agencies are responsible for organizing appraisal of applications and reissuing registration for service provision using Form No. 4 under Annex VI of this Decree;

c) In case of not reissuing registration for service provision: Within the period specified under Point b of this Clause, competent agencies must respond in writing and specify reasons.

Article 56. Procedures for issuance of practice permit of auxiliary services for atomic energy application

1. Implementation

Organizations and individuals shall apply for issuance of practice permit of auxiliary services for atomic energy application according to Clause 1 Article 52 of this Decree.

2. Application compositions

a) Applications for issuance of practice permit using Form No. 13 under Annex IV of this Decree;

b) Personal information sheet using Form No. 17 of Annex III of this Decree;

c) Copies of any of following valid documents: ID cards, citizen identity cards or passports;

d) Copies of specialized degrees and certificates according to this Decree suitable for form of services applied for permit issuance;

dd) Documents proving working experience suitable for forms of services applied for permit issuance. Individuals applying for issuance of practice permit for radiation safety training service or specialized training must obtain written confirmation of teaching and teaching assistance experience of training organizations;

e) 3 3x4 cm portrait photos in case of online or postal application; files for 3x4 cm photos in case of online application (photos format eligible for citizen identity cards, ID cards or passports).

3. Application quantity: 1.

4. Deadline for resolution and result return

a) Within 5 working days from the date on which applications are received, application receivers must examine adequacy and legitimacy of applications and inform fees in writing in case of adequate applications or request revision in writing in case of inadequate applications;

b) Within 30 days from the date on which adequate applications and fees are received, competent agencies are responsible for organizing appraisal of applications and issuing practice permit using Form No. 5 under Annex VI of this Decree;

c) In case of not issuing practice permit: Within the period specified under Point b of this Clause, competent agencies must respond in writing and specify reasons.

Article 57. Procedures for reissuance of practice permit

1. Implementation

Organizations and individuals shall apply for reissuance of practice permit of auxiliary services for atomic energy application according to Clause 1 Article 52 of this Decree.

2. Application compositions

a) Applications for reissuance of practice permit using Form No. 14 under Annex IV of this Decree;

b) Original copies of practice permit (In case of reissuance due to torn or damaged permit).

3. Application quantity: 1.

4. Deadline for resolution and result return

a) Within 5 working days from the date on which applications are received, application receivers must examine adequacy and legitimacy of applications and inform fees in writing in case of adequate applications or request revision in writing in case of inadequate applications;

b) Within 5 days from the date on which adequate applications and fees are received, competent agencies are responsible for organizing appraisal of applications and reissuing practice permit using Form No. 5 under Annex VI of this Decree;

c) In case of not issuing practice permit: Within the period specified under Point b of this Clause, competent agencies must respond in writing and specify reasons.

Article 58. Entitlement for issuance and duration of registration and practice permit

1. Ministry of Science and Technology shall issue, reissue and revise registration and practice permit of auxiliary services for atomic energy application.

2. Duration of registration for operation and practice permit of auxiliary services for atomic energy application:

a) Registration for provision of radiation safety service shall last indefinitely. Registration for provision of other services shall last 5 years;

b) Registration that has been revised and reissued shall have the same duration as the original registration;

c) Permit for provision of auxiliary services for atomic energy application shall last indefinitely.