Chương 1 Nghị định 70/2010/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree guides the provisions of the Law on Atomic Energy regarding investment in and selection of locations, designing, building, installation, operation and termination of operation of nuclear power plants, and assurance of safety and security in these activities: conditions on organizations and individuals that invest in building nuclear power plants.

Article 2. Subjects of application

This Decree applies to organizations and individuals at home or abroad that conduct activities related to nuclear power plants in Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Nuclear power turbine unit means a group of works including a nuclear reactor, and turbines, generators and other support equipment to convert nuclear energy generated by a nuclear reactor into electricity.

2. Nuclear power plant means a complex of works including one or more than one nuclear power turbine unit, a transformer system to transmit electricity to the power grid, and a facility for storing, transporting and disposing of radioactive substances which are located in the same location and directly related to the operation of that nuclear power plant.

3. Nuclear accounting means the inventory and making of a balance sheet of nuclear materials used for a nuclear reactor.

4. Nuclear inventory means the counting and measurement of nuclear materials in order to determine the quantity of materials available in a given period of time at a nuclear power plant.

5. Nuclear power plant investor means an owner of capital or a party assigned to manage and use capital for investment in building a nuclear power plant.

6. Organization with a nuclear power plant means a legal entity that directly manages assets of and operates a nuclear power plant.

Article 4. General principles on investment, building, operation and termination of operation of nuclear power plants

1. Investment in a nuclear power plant must comply with the national master plan on electricity development and relevant master plans.

2. All activities related to construction investment, operation and termination of operation of a nuclear power plant must ensure the highest safety and security requirements.

3. Investment in building and operation of a nuclear power plant must achieve economic efficiency, contribute to socio-economic development, reduce to the utmost adverse impacts on the environment, and improve living standards of local inhabitants.

4 A nuclear power plant on the list of important works related to national security must be specially protected to ensure its absolute safety in the course of survey, designing, building, operation and management under regulations on protection of important works related to national security.

5. Licensing of nuclear power plants shall be conducted by a state agency as requested by concerned organizations or individuals, expressing its responsibility for the selection of locations, designing, building, operation, exploitation or termination of operation of nuclear power plants. This provision does not exempt licensed organizations or individuals from their primary responsibility for assuring safety.

Article 5. Elaboration of nuclear power development master plans

1. A nuclear power development master plan shall be elaborated for every ten-year period with orientations for subsequent ten years.

2. Nuclear power development master plans shall be elaborated concurrently with and incorporated in national electricity development master plans.

Article 6. Technical standards, regulations and rules

1. The Ministry of Industry and Trade shall promulgate or accredit technical rules applicable to nuclear power turbine units.

2. The Ministry of Science and Technology shall promulgate or accredit technical standards and regulations on nuclear safety for application to selecting locations, designing, building, operation and dismantlement of nuclear power turbine units.

3. The Ministry of Construction shall promulgate or accredit construction standards and regulations applicable to nuclear power turbine units.

Article 7. Tasks and powers of state management agencies in charge of nuclear power plants

1. The Ministry of Industry and Trade:

a/ To elaborate, and direct the implementation of, nuclear power development master plans and plans;

b/ To promulgate, disseminate, and guide and organize the implementation of, relevant policies and laws;

c/ To enter into international cooperation, negotiate and conclude cooperation agreements and treaties on nuclear power plants;

d/ To license the trial operation; to grant, adjust, revoke or renew electricity operation licenses of nuclear power plants;

e/ To approve the operating process of nuclear power plants;

f/ To guide and assist investors in implementing their investment projects, and settling problems and requests of investors in the course of investment in the development of nuclear power projects;

g/ To coordinate state management agencies at all levels in managing investment in the development and operation of nuclear power plants;

h/ To hold professional training and refresher courses for state management agencies in charge of nuclear power plants in order to raise their management capacity;

i/ Other tasks and powers according to its functions or as assigned by the Government.

2. The Ministry of Science and Technology:

a/ To promulgate regulations concerning safety of nuclear power plants;

b/ To conduct nuclear control activities;

c/ To assess safety in all stages of a nuclear power plant project;

d/ To guide contents of a safety analysis report;

e/ To hold professional training and-refresher courses for the nuclear safety management agencies in order to raise its management capacity;

f/ To coordinate with the Ministry of Natural Resources and Environment in guiding contents of a radioactivity control plan; stipulating standards on radioactive emissions, management of radioactive waste and spent nuclear fuels;

g/ To coordinate with concerned ministries and branches in guiding the establishment of restricted areas and areas for protection and observation of environmental radioactivity at nuclear power plants;

h/ Other tasks and powers according to its functions or as assigned by the Government.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of nuclear power plants as assigned by the Government.

4. Provincial-level People's Committees:

a/ To organize ground clearance; to grant land use rights certificates and supervise land use;

b/ To settle difficulties and problems of investors; to propose the Prime Minister or concerned ministries and branches to settle problems which fall beyond their competence.

Article 8. Management of dossiers and documents related to nuclear power plants

1. Dossiers and documents related to a nuclear power plant must be managed and preserved for at least 40 years after a competent agency issues a decision recognizing the termination of operation of that plant, which is consequently no longer responsible for safety assurance.

2. The Ministry of Industry and Trade shall specifically guide the listing, management, use and exploitation of dossiers and documents related to nuclear power plants in accordance with regulations on archive.