Circular 27/2014/tt-Bkhcn: Detailing A Number Of Articles Of Decree No. 107/2013/nd-Cp Dated 20/9/2013 Of Government Regulation On Sanctioning Administrative Violations In The Field Of Nuclear Energy

Original Language Title: Thông tư 27/2014/TT-BKHCN: Quy định chi tiết một số điều của Nghị định số 107/2013/NĐ-CP ngày 20/9/2013 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực năng lượng nguyên tử

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR detailing a number of articles of Decree No. 107/2013/ND-CP dated 20/9/2013 of government regulation on sanctioning administrative violations in the field of Atomic Energy Atomic Energy law base on 3/6/2008;
The base of law handling administrative violations on 20/6/2012;
Pursuant to Decree No. 20/2013/ND-CP on 26/02/2013 of government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 81/2013/ND-CP dated 19/7/2013 of Government detailing some things law enforcement measures and handling of administrative violations;
Pursuant to Decree No. 107/2013/ND-CP dated 20/9/2013 of government regulation on sanctioning administrative violations in the field of Atomic Energy;
According to the recommendation of the Chief Inspector and Director of Legal Affairs, the Minister of science and technology issued a circular detailing a number of articles of Decree No. 107/2013/ND-CP dated 20/9/2013 of government regulation on sanctioning administrative violations in the field of atomic energy.
Chapter I GENERAL PROVISIONS 1. Scope this circular detailing a number of articles of Decree No. 107/2013/ND-CP dated 20/9/2013 of government sanctioning administrative violations in the field of nuclear energy (hereinafter referred to as the Decree 107/2013/ND-CP) includes the following articles: article 4, article 5 (point b Paragraph 2 , Point b, point c, paragraph 3), article 8 (point b paragraph 1, point a, point VND Account 2), article 12 (point a, point b, point c, paragraph 1/e Points), article 13 (item 2, art. 4), article 16 (clause 1), article 27 (point g, item 2), article 42 (point b paragraph 4), article 43 (paragraph 1) of Decree No. 107/2013/NĐ-CP dated. 2. Application object 1. Personally, the Organization has administrative violations in the field of atomic energy.
2. Authority sanctioning administrative violations in the field of atomic energy.
3. Other objects related to sanctioning administrative violations in the field of nuclear energy as stipulated by law.
Article 3. The authority sanction 1. Inspectors specializing in science and technology, who was assigned the task of specialized inspection of radiation and nuclear safety are on duty prescribed in clause 1 Article 43 Decree 107/2013/ND-CP include: inspectors are present in the inspection of the Ministry of science and technology The Inspector, Department of science and technology, was assigned the task of specialized Ombudsman in the Department of radiation and nuclear safety.
2. specialized inspections Division Chief of the Ministry of science and technology; Chief Inspector Corps of specialized radiation safety Bureau and head of the delegation and nuclear inspector specialization of the Department of science and technology to be used with the seal of the Agency chaired conducted inspections when issued documents to apply measures to carry out the task Inspector.
Article 4. Identify the object dealt with administrative violations by the form of a fine specified in article 4 of the Decree 107/2013/ND-CP 1. The object of administrative violations in the field of atomic energy were applied shape for individuals include: the basis of only one person or a group of people or a household master conducting radiation work at one location, regular use not more than 10 workers , no seals.
2. The object of administrative violations in the field of atomic energy were applied shape for the Organization: a) State agencies, political organizations, social-political organizations, social organizations, social organizations, civil society organizations;
b) private enterprises, joint stock companies, limited liability companies, partnerships, cooperatives, cooperative association;
c) other economic organization established in accordance with the law.
Chapter II ADMINISTRATIVE VIOLATIONS in the FIELD of NUCLEAR ENERGY, article 5. Violations of the declaration provided for in article 5 of the Decree 107/2013/ND-CP 1. Violations of the provisions of Point b of Paragraph 2 article 5 is the behavior of individuals, organizations that operate mobile radiation without making a declaration with the Department of science and technology in the place where the local radiation work before 24 hours since moving to local radiation equipment.
2. Violations of the provisions of article 5 paragraph 3 b is the individual's behavior, production organization, production, processing, mined ores, minerals have secondary product, byproduct, or waste containing the natural radiation does not meet the conditions for exemption Declaration license as defined in point 2.1 of national technical regulation QCVN 5:2010-BKHCN on radiation safety-reporting exemptions, license attached to circular No. 15/2009/TT-BKHCN on 14/9/2010 of the Ministry of science and technology without making a declaration with the Bureau of radiation and nuclear safety or the Department of science and technology where individuals , the organization conducting the activities mentioned above.
3. used Radioactive Sources specified in point c paragraph 3 article 5 sealed radioactive sources is regulated in clause 2 article 2 of circular No. 2014/TT-BKHCN 22 on 25/8/2014 of the Ministry of science and technology, regulations on the management of radioactive waste and radioactive sources used.
Article 6. Violations of irradiated dose control for the public, for radiation workers specified in article 8 of the Decree 107/2013/ND-CP 1. Violations of the provisions of article 8 paragraph 1 point b is the individual's behaviour, the Organization conduct radiation does not announce results of individual irradiation dose assessment in writing (or send a photocopy of the irradiation dose assessment results) for each employee following radiation 2 working days from when it received the results of reviews of individual irradiation dose.
2. Violations of the provisions of art. 2 article 8 is the behavior of the individual, the Organization conducted radiation work has one of the following violations: a) To the public for the irradiation dose in excess of 1mSv/year or instantaneous dose capacity exceeds 0.5 µSv/h (not including the radiation environment fonts).
In particular, the capacity of the dose of irradiation at the following locations exceed 0.5 µSv/h is in violation of the regulations for the irradiation dose control the public: the location outside the room of x-ray equipment, radiation devices where the public goes back, where sick people waiting, the adjacent work room.
The case of the room of x-ray equipment, radiation devices placed in residential areas, adjacent to homes or places of work, the capacity of radiation dose in all measuring points outside the room equipment exceed 0.5 µSv/h is in violation of the regulations for the irradiation dose control the public.
b) To the employee for irradiation doses of radiation in excess of 20mSv per year or instantaneous dose capacity in excess of 10 µSv/h (not including the radiation environment fonts).
In particular, the capacity of the dose of irradiation at the following locations in excess of 10 µSv/hr is violating regulations control the dose of irradiation for radiation workers: in the control room or where control cabinets of x-ray equipment in medical diagnosis (not applicable to mobile x-ray equipment) , radiation therapy equipment.
3. Violations of the provisions of article 8 clause 2 DD Point is the behavior of the individual, the Organization undertook the work of radiation do not perform one of the following as a result of the irradiation dose radiation workers highly unusual: a) pause using the staff have high irradiation doses of radiation work;
b) proceed to find out causes of high irradiation dose and have a timely remedy.
Article 7. Violations of rules of inspection, measurement recording equipment calibration of radiation, radiation equipment, radiation sources specified in article 12 of the Decree 107/2013/ND-CP 1. Violations of the provisions of points a, b and c of paragraph 1 article 12 is the behavior of individuals, organizations that use radiation equipment, instruments for measuring radiation in health in violation of the provisions of paragraph 1, 2 and 3 article 9 circular number 13/TTLT-BYT-BKHCN on 9/6/2014 of the Ministry of science and technology and Ministry of health regulations on ensuring an all medical radiation.
2. Violations of the provisions of article 12 paragraph 1/e Point is the behavior of individuals, organizations conduct radiation has one of the following violations: a) radiation devices Have unsatisfactory audit but not overcome that continued use;
b) radiation equipment during inspection certificate is valid but at the time of the inspection, the inspection, the competent authorities under the provisions of the law of detection devices are not guaranteed to use the treatment for the patient but the base still intentionally used.
Article 8. Violations of the regulations on protection of radiation workers specified in article 13 of the Decree 107/2013/ND-CP violation prescribed in paragraph 2, point a clause 4 is the violation of the provisions of article 17 circular number 13/TTLT-BYT-BKHCN on 9/6/2014 of the Ministry of science and technology and Ministry of health regulations on radiation safety in health .
Article 9. Violations of the regulations on safety status report conducting radiation work specified in article 16 of Decree 107/2013/ND-CP violation prescribed in clause 1 article 16 is the behavior of the individual, the Organization conducted radiation work has one of the following violations : 1. Do not send status report safe conduct radiation of base or have submitted a report but not on time according to the regulations for the safe administration of radiation according to the hierarchy: a) the base work in radiation health sent reports to the Department of science and technology in the place where the local radiation work;
b) The basis of the conduct of other radiation sent the report to the Bureau of radiation and nuclear safety.
2. send the report status of safety work for radiation safety management of radiation but not full report content the information prescribed in item 2 article 20 of the Atomic Energy law.
Article 10. Other violations of radiation safety, nuclear safety provisions in article 27 of the Decree 107/2013/ND-CP of violations specified in point g item 2 article 27 is the behavior of the individual, the Organization conducted radiation work has one of the following violations: 1. Not assigned to the person in charge of safety in writing.
2. No texts provisions on the duties and powers of the person in charge of safety and the conditions, mechanism to the person in charge of safety can be made responsible for the person in charge of safety according to the rules.
Article 11. Acts impedes operations inspector, examine the provisions of article 42 of the Decree 107

Personally, holding one of the following acts shall be sanctioned in accordance with point b paragraph 4:1. Do not send work with inspectors, who are not competent enough to work with the inspectors, no authorized person working with the Corps of inspectors.
2. Do not make or made incomplete, incorrect duration of inspection conclusions, decisions about the handling of the inspection authority.
3. other acts impedes, making it difficult for authorities in inspection, examination (for example, delays in providing documents that the Inspector Corps required; not the layout or the delay in the deployment of the unlock, manipulate the server delegation inspected when reality check field measurements, inspections, tests, ...).
Chapter III IMPLEMENTATION article 12. Effective enforcement of this circular is effective as from November 25, 2014 and replaces circular No. 26/2009/TT-BKHCN on 29/12/2010 the Minister of science and technology guides a number of articles of Decree No. 111/2009/ND-CP on December 11, 2009 the Government of sanctioning administrative violations in the field of atomic energy.
Article 13. Responsible for implementation 1. The people's Committee Chairman, Chief Inspector of the Ministry of science and technology, Director of the nuclear and radiation safety, the Chief Inspector of Department of nuclear and radiation safety, the head of the inspection group specialized in nuclear and radiation safety, the Chief Inspector of the Department of science and technology, surveyor , the position has the authority sanction provisions in Decree 107/2013/ND-CP and other objects related to sanctioning administrative violations in the field of nuclear energy as stipulated by the law is responsible for the implementation of this circular.
2. During the implementation process, if there are obstacles suggest that the agencies, organizations and individuals concerned about The timely reflection on Science and technology for research, guidelines.