Chương 3 Nghị định 70/2010/NĐ-CP: Xây dựng nhà máy điện hạt nhân

Chapter III

BUILDING OF NUCLEAR POWER PLANTS

Section 1. STAGE OF INVESTMENT PREPARATION

Article 17. Order and procedures for making, appraising and submitting for approval pre-feasibility study reports (investment reports) of nuclear power plant projects

1. Investors shall make pre-feasibility study reports of their nuclear power plant projects.

2. The pre-feasibility study report of a nuclear power plant project must contain the following details:

a/ The necessity to invest in building the nuclear power plant, favorable and unfavorable conditions: regulations on exploitation and use of national natural resources, if any:

b/ Expected investment scale: number of turbine units and output and construction area of each unit: work items of the project;

c/ Planned location of the plant, areas in which civilian residence is banned or restricted: and land use needs:

d/ Analysis and preliminary selection of technologies, technical parameters: conditions on supply of materials, equipment, fuel, energy, services and technical infrastructure: training of human resources; plan on ground clearance and resettlement: the project's impacts on the eco-environment; assurance of radiation and nuclear safety, actions in response to radiation or nuclear incidents, management of radioactive waste and spent nuclear fuels; fire and explosion prevention and fighting; security and defense; communication on project preparations;

e/ Investment form, preliminary estimation of total investment capital, project implemen­tation duration, plans on capital raising according to implementation schedule and socio-economic efficiency of the project and investment phrases;

f/ Special proposals to the National Assembly upon considering and deciding on investment in the plant.

3. Appraisal and submission to the National Assembly for consideration and decision of the investment in building a nuclear power plant:

a/ The Prime Minister shall set up a state appraisal council with the Minister of Planning and Investment as its chairman to appraise the pre-feasibility study report of the plant;

b/ Based on results of appraisal by the state appraisal council, the Government shall propose the National Assembly to consider and decide on investment in the plant.

Article 18. Making of feasibility study reports (investment projects) of nuclear power plant projects

1. Investors shall make feasibility study reports of their nuclear power plant projects after the National Assembly approves investment in building these plants.

2. The explanation contents of a feasibility study report of a nuclear power plant project cover:

a/ Necessity and objectives of investment; assessment of electricity needs of the region and the whole country: the project's social impacts on the locality and the region; forms of investment in building works: construction location, areas in which civilian residence is banned or restricted and land use needs; conditions of supply of materials, fuels and other input elements;

b/ Description of sizes and areas of construction of works and work items under the project: analysis and selection of technical plans, technologies and capacity; plan on supply of nuclear fuels; plan on assurance of radiation and nuclear safety; solutions to disposing of and managing radioactive waste and protecting the environment; plan on training of human resources; plan on connection to the national power system;

c/ Implementation plans and solutions, including an overall plan on compensation, support and resettlement upon land recovery by the State; architectural design plans for works in the plant: fire prevention and fighting solutions; plans on security assurance under law; plan on training and employment of human resources; implementation phrasing and schedule and project management method;

d/ Total investment of the project; capability to raise capital for the project, capital sources and capability to disburse capital according to schedule; plan on loan repayment and analysis and assessment of economic-financial efficiency and social impacts of the project.

3. Contents of the basic design of a feasibility study report of a nuclear power plant project:

a/A basic design consisting of an explanation section and a drawing section;

b/An explanation section with the following principal details:

- Brief introduction of the construction location and preliminary design plans; general site plan of the project, construction positions and sizes of main work items: connection of work items under the project with the regional technical infrastructure; list of applicable regulations and standards;

- Technological plans under consideration;

- Main structure plan, technical system and major technical infrastructure works of the project;

- Projected waste volume and waste management system;

- Radiation and nuclear safety;

- Environmental protection, fire prevention and fighting plans as prescribed by law;

- List of applicable principal regulation and standards.

c/ A drawing section having:

- The general site plan drawing of the project;

- Technological diagram, technological line drawings;

- Construction and architectural plan drawings;

- Drawings of the main structure plan, technical system and major technical infrastructure works of the project connected to regional technical infrastructure.

Article 19. Environmental impact assessment reports

1. Investors of nuclear power plant projects shall make environmental impact assessment reports.

2. An environmental impact assessment report shall be made concurrently with a feasibility study report and contains the following principal details:

a/ Listing and description of work items of the project, with their construction areas, duration and work volumes; technology(ies) for operating each work item and the whole project;

b/ General assessment of the current state of radiation and non-radiation environments in the project location and surrounding areas: sensibility and bearability of the environment:

c/ Assessment of environmental impacts of radiation and non-radiation which may occur in the project implementation and environmental and socio-economic factors impacted by the project; forecast of possible environmental risks caused by the project; assessment of environmental impacts of radiation in case a nuclear accident occurs;

d/ Measures to reduce to the utmost adverse impacts on the environment; prevention of and actions in response to environmental incidents;

e/ Commitments to take environmental protection measures in the course of construction and operation of works;

f/ List of works and programs to manage and oversee environmental matters during project implementation;

g/ Estimated funds for construction of environmental protection work items in the total fund estimation of the project;

h/ Opinions of the commune-level People's Committee and representatives of the community in the project area;

i/ Indications to data supply sources and assessment methods.

3. The Ministry of Natural Resources and Environment shall:

a/ Coordinate with the Ministry of Science and Technology in guiding the making of environmental impact assessment reports for nuclear power plants;

b/ Set up appraisal councils or select appraisal service providers to appraise environmental impact assessment reports for nuclear power plants;

c/ Approve environmental impact assessment reports after they are appraised.

Article 20. Overview reports on selection of locations of nuclear power plants

1. Survey of a location for construction of a nuclear power plant involves the following jobs:

a/ Survey of faults or premonitory signs of earthquake or volcano eruption which might affect the safety of the plant according to the following contents:

- Survey of geological and tectonic conditions of the local region:

- Collection and synthesis of seismic data; determination of earthquake risks based on assessment of seismic and tectonic conditions of the local region:

- Determination of earthquake-induced ground displacement, based on tectonic features of the local region and specific data of the location.

b/ Survey of geo-technical features and foundation, and formation of geo-technical sections of the location for determining:

- Potential of landslide, rockslide. river bank or coastal erosion or flank landfall in the projected location and its vicinity:

- Potential of elevation, subsidence, depression or collapse of the ground in the projected location, based on geological maps and existing documents, paying attention to caves, grottos, pits, wells and drilled holes;

- Potential of ground liquefaction, based on parameters and values of typical ground displacement;

- Physico-mechanical properties of the ground and foreign objects therein; stability of the ground under effects of static and dynamic loads:

- Movement and physico-chemical properties of groundwater.

c/ Meteorological and hydrological phenomena:

- Survey and forecast of impacts of natural disasters (wind. rain, typhoon, sandstorm, tsunami, temperature change, thunderbolt, whirlwind) on the location:

- Survey and forecast of meteorological and hydrological phenomena which might cause typical radioactive dispersions or condensations, with potential hazardous impacts exceeding the permitted limits on humans and the environment in the location and the construction site of the nuclear power plant.

d/ Comprehensive survey of causes of floods such as dike or dam breaking, rain, typhoon, tsunami, earthquake or other geological phenomena.

e/ Assessment of impacts of human activities on the operation of the nuclear power plant:

- Collection and survey of information on hazardous, flammable, explosive, corrosive and toxic materials, which are stored, transported and used, military drills and fuel pipelines:

- Survey of warehouses, stations, storing yards, places for mining and storing minerals in which a temporary water flow impounding might cause inundation, flood or ground subsidence:

- Survey of locations of airfields, types of airplanes, flight corridor and frequency:

- Survey of road, railway, riverway and seaway routes, covering types of vehicles or vessels, transportation frequency and characteristics, ports, landings, terminals or stations, paying attention to crowded routes and junctions.

f/ Impacts of radiation on the community:

- Distribution and density of population and forecast of changes in population size in the project area;

- Way of diffusion and dispersion of radioactive materials in the air and water, based on meteorological parameters (wind direction and speed, air disturbance, humidity, rainfall and sun radiation) or hydrological parameters (features of rivers, streams, surface and ground water), topographical features (mountains, valleys) and impacts of big construction works;

- Radiation background and irradiation dose for local community:

- Hazards of radiation impacts on humans, which serve as a basis for working out a plan on response to incidents, paying attention to planning land use, water and food sources in the locality;

- Conditions for building a traffic system for evacuation, capability to supply food and infrastructure works for people's daily life in the area of evacuation;

- Conditions and locations for establishing an emergency response center outside the nuclear power plant;

- Suitability of the location with the regional socio-economic development potential (in terms of commerce, industry and tourism) and the possibility of increasing risks due to impacts of the nuclear power plant on the local area as well as impacts on local activities on the plant.

g/ Water sources for cooling and power for operation of the plant.

2. An overview report on location selection contains the following details:

a/ Overview of the location selection;

b/ Number, technology and output of turbine units planned to be built in the location requested to be approved:

c/ Satisfaction of conditions for assurance of nuclear safety for the selected location.

3. The Ministry of Science and Technology shall set out requirements on nuclear safety for assessment and approval of locations of nuclear power plants.

Article 21. Order, procedures and time limit for appraisal and approval of building locations of nuclear power plants

1. Investors of nuclear power plants shall make and submit dossiers to the Prime Minister for consideration and approval of building locations of these plants. Such a dossier comprises:

a/ A written request for approval of the location;

b/ An overview report on the. location selection as specified in Article 20 of this Decree;

c/ A basic design of the plant as specified in Clause 3. Article 18 of this Decree;

d/ An environmental impact assessment report as specified in Article 19 of this Decree;

e/ Results of appraisal of the environmental impact assessment report;

f/A preliminary safety analysis report, which contains the details specified in Clauses 1, 2, 4. 12 and 13, Article 10 of this Decree;

g/ Results of safety appraisal;

h/ A plan on environmental radiation control:

i/A resolution of the provincial-level People's Council;

j/ Other relevant documents.

2. Within 15 working days after receiving a complete dossier of an investor, ministries shall examine the validity and completeness of the dossier or request addition of information and documents as prescribed in case the dossier is incomplete. The appraisal must be completed within the following time limit from the date of receipt of a complete and valid dossier:

a/ Three months, for appraisal of an environmental impact assessment report:

b/ Six months, for appraisal of a safety analysis report;

c/ Three months, for appraisal conducted by a state appraisal council.

3. The Prime Minister shall approve the building location of a nuclear power plant after obtaining results of appraisal of contents specified in Clause 2 of this Article. The validity duration of a location approval decision is 20 years.

Article 22. Order and procedures for appraisal and approval of feasibility study reports of nuclear power plants

1. Investors of nuclear power plant projects shall make and submit dossiers to the Prime Minister for consideration and approval of feasibility study reports of their projects. Such a dossier comprises:

a/ An application for a construction investment license:

b/ A feasibility study report of the project as specified in Article 18 of this Decree;

c/ Results of appraisal of the environmental impact assessment report;

d/ A safety analysis report, which contains the details specified in Clauses 1 thru 7 and 11 thru 15, Article 10 of this Decree;

e/ Results of safety appraisal;

f/ A quality assurance process as specified in Article 13 of this Decree;

g/A dismantlement plan as specified in Article 35 of this Decree;

h/ A plan on management of radioactive waste and spent nuclear fuels as specified in Article 15 of this Decree.

2. The Prime Minister shall set up a state appraisal council with the Minister of Planning and Investment as its chairman to appraise feasibility study reports of nuclear power plants.

3. Jobs involved in the appraisal of a feasibility study report of a nuclear power plant:

a/ Considering elements to guarantee the effectiveness of the project, including the necessity of investment: input elements of the project; size, capacity, technology, implementation duration and schedule of the project; financial analysis, total investment and socio-economic efficiency of the project;

b/ Considering elements to guarantee the feasibility of the project, including the conformity with the master plan; land and natural resource use needs; capability to clear ground and raise capital to meet the project implementation progress; the investor's management experience: capability to repay loans; assurance of radiation safety: fire prevention and fighting solutions; factors exerting impacts on the projects, such as national defense, security, environmental protection and other relevant requirements set by law:

c/ Considering the basic design in terms of:

- Its conformity with the approved detailed construction plan or general site plan; its consistency with the building location and scale and planning norms already approved for construction works in the area without any approved detailed construction plan;

- Its compatibility with the regional technical infrastructure for connection thereto;

- The rationality of the technology plan and line:

- The application of regulations and standards on construction, environment, fire prevention and fighting;

- Conditions on construction activity capacity of the consultancy organization and practice capacity of individuals engaged in making the basic design as prescribed.

d/ The time limit for appraisal of the project, counting from the date of receipt of a valid and complete dossier:

- Three months, for appraisal of environmental impact assessment reports;

- Six months, for appraisal of safety analysis reports;

- Three months, for appraisal of feasibility study reports conducted by the state appraisal council.

4. The Prime Minister shall approve the feasibility study report of a nuclear power plant based on:

a/ A report of the state appraisal council;

b/ Results of appraisal of a safety analysis report;

c/ Results of appraisal of an environmental impact assessment report:

d/ Comments of the National Council for Development and Application of Atomic Energy and the National Council for Nuclear Safety.

Article 23. Adjustment of feasibility study reports

1. The feasibility study report of a nuclear power plant may be adjusted upon occurrence of force majeure circumstances which might affect the safety of the plant; security and defense disadvantages: emergence of elements which may bring about higher efficiency for the project; an abnormal fluctuation of plant construction investment expenditures.

2. In case the adjustment of a project leads to a change in any of the following elements: location, technology, size or objectives or an excess of the approved total investment of the project, the investor shall report such to the Prime Minister for decision. In case the adjustment of a project does not lead to a change in location, technology, size or objectives or an excess of the total investment of the project, the investor may decide thereon itself.

Section 2. IMPLEMENTATION OF WORK CONSTRUCTION INVESTMENT PROJECTS

Article 24. Designing of construction of nuclear power plants

1. Work construction designing involves the following steps:

a/ Basic design specified in Clause 3, Article 18 of this Decree;

b/ Technical design, which means a design made on the basis of the basic design in the approved feasibility study report for work construction, showing all technical parameters and materials to be used in conformity with applied regulations and standards and serving as a basis for taking the next designing step:

c/ Construction drawing design, which means a design showing all technical parameters, materials to be used and structural details in conformity with applied regulations and standards and ensuring all conditions for work construction;

d/ Other designing steps according to international practice.

2. Designing dossiers and work construction cost estimation:

a/ A designing dossier shall be made for each work and comprise designing explanations, design drawings, survey documents, work maintenance process and work construction cost estimates;

b/ Construction designing dossiers of nuclear power plants must be archived under the law on archive.

3. The Ministry of Industry and Trade shall specify steps of designing the construction of nuclear power plants; process of appraisal and approval of technical designs, construction drawing designs and other designing steps according to international practice.

Article 25. Construction licenses of nuclear power plants

1. Investors of nuclear power plants shall make dossiers of application for construction licenses and submit them to the Ministry of Science and Technology. Such a dossier comprises:

a/ An application for a construction license:

b/ The selected design of the nuclear power plant;

c/ A safety analysis report for the stage of construction licensing as specified in Article 10 of this Decree;

d/ An environmental impact assessment report as specified in Article 19 of this Decree:

e/ Results of appraisal of the environmental impact assessment report:

f/ The quality assurance process as specified in Article-13 of this Decree;

g/ A dismantlement plan as specified in Article 35 of this Decree:

h/ A plan on management of radioactive waste and spent nuclear fuels as specified in Article 15 of this Decree.

2. The Ministry of Science and Technology shall consider and grant a construction license for a nuclear power plant after consulting the National Council for Nuclear Safety.

3. Within 15 days after receiving a dossier of an investor, responsible ministries shall check the validity and completeness of the dossier and may request addition of information and documents as prescribed and completion of the dossier within the following time limit:

a/ Three months, for appraisal of environmental impact assessment reports:

b/ Fifteen months, for appraisal of safety analysis reports and grant of construction licenses.

4. Adjustment of construction licenses

When wishing to adjust work designs to be different from their construction licenses, investors shall apply for permission for adjustment of their construction licenses before commencing construction according to adjusted contents.

5. Revocation of construction licenses

The construction license of a nuclear power plant may be revoked in the following cases:

a/A serious violation is detected in the dossier of application for the license;

b/ The investor fails to commence construction 5 years or more after being licensed.

6. The Ministry of Science and Technology shall specify in detail the order and procedures for grant, adjustment or revocation of construction licenses of nuclear power plants.

Article 26. Responsibilities of investors in the course of construction and installation

1. To inspect the conditions for commencing construction.

2. To inspect the capacity of work construction and installation contractors against that stated in their bid dossiers and signed contracts.

3. To inspect and supervise the quality of supplies, materials and equipment to be installed supplied by contractors under signed contracts.

4. To inspect and supervise the observance of regulations on control of nuclear materials, radiation and nuclear safety by contractors.

5. To facilitate safety inspection by the radiation and nuclear safety agency.

6. To organize, and coordinate with local administrations and concerned agencies in conducting, communication and propaganda about nuclear power projects.

7. To request local People's Committees, police departments and the army to coordinate with them in assuring security for construction sites of nuclear power plants.

8. To implement action plans in response to radiation or nuclear incidents on construction sites of nuclear power plants and surrounding areas.

9. To perform other obligations specified by law.

Article 27. Condition on capability of organizations and individuals involved in building nuclear power plants

1. Organizations and individuals involved in building nuclear power plants must satisfy the condition on capability suitable to work items and jobs they undertake to perform.

2. When performing the following jobs, organizations and individuals must satisfy the capability condition:

a/ Making feasibility study reports for work construction;

b/ Managing work construction investment projects;

c/ Designing work construction:

d/ Surveying for work construction;

e/ Constructing works

f/ Supervising work construction:

g/ Conducting specialized construction experiments:

h/ Inspecting work construction quality;

i/ Certifying eligibility for safety assurance and certifying construction work quality conformity.

3. The Ministry of Construction shall assume the prime responsibility for. and coordinate with the Ministry of Industry and Trade and the Ministry of Science and Technology in. elaborating and promulgating capability criteria for organizations and individuals involved in building nuclear power plants according to Clause 2 of this Article.

Article 28. Management of construction quality of nuclear power plants

1. Investors of nuclear power plants shall supervise work construction. In case investors have no capable supervision consultancy organization, they shall hire domestic or foreign capable construction consultancy organizations to supervise work construction.

2. Work construction contractors must have their own quality management systems to perform jobs involved in the work construction quality management.

3. Work construction designing contractors shall perform author's supervision.

4. The Ministry of Construction shall stipulate the management of construction quality of nuclear power plants.

Article 29. Safety inspector by the radiation and nuclear safety agency in the course of construction and installation

1. When conducting inspection, the radiation and nuclear safety agency may request an investor to supply relevant documents and report on the following:

a/ Capability and professional qualifications of organizations and individuals responsible for construction and those responsible for construction supervision:

b/ Time limit for takeover test upon completion of work items subject to inspection:

c/ Process and schedule of construction and installation of work items subject to inspection:

d/ Observance of regulations on construction and installation safely.

2. Temporary cessation or suspension:

a/ The radiation and nuclear safety agency may temporarily cease or suspend the construction and installation of work items of a nuclear power plant upon detecting details inconsistent with designs or elements which might affect radiation or nuclear safety and shall take responsibility before law for its decision;

b/ Construction and installation of work items subject to temporary cessation or suspension may resume only after the investor makes an explanatory report and comes up with measures to assure full observance of regulations on radiation and nuclear safety which are appraised and approved by the radiation and nuclear safety agency:

c/ The radiation and nuclear safety agency shall consider and reply the investor within 5 working days after receiving the explanatory report. The temporary cessation or suspension and permission for resumption of construction shall be promptly reported to the Ministry of Science and Technology and the National Council for Nuclear Safety.

3. Stoppage of construction

a/ Upon detecting elements which might cause a serious incident, the Ministry of Science and Technology may stop the construction and installation of the whole nuclear power plant. The Ministry of Science and Technology shall appraise and reply the investor within 1 month after receiving the report on remedies for the incident:

b/ After the investor remedies the incident and assures full observance of regulations on radiation and nuclear safety, the Ministry of Science and Technology shall permit the resumption of construction:

c/ The stoppage and permission for resumption of construction shall be reported to the Prime Minister.