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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

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SCIENCE AND TECHNOLOGY
Number: 27 /2014/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 10, 2014

IT ' S SMART

Regulation of some of the provisions of the Digital Protocol 107 /2013/NĐ-CP

October 20, 2013 of the Government Regulation of violation of violation

It ' s in the field of atomic energy.

Atomic Energy Law Base June 3, 2008;

Administrative Processing Law Base on June 20, 2012;

Base of Protocol 20 /2013/ND-CP 26/02/2013 The government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Science and Technology;

Base of Protocol 81 /2013/NĐ-CP July 19, 2013 by the Government of the Government rules out certain things and measures the implementation of the Administrative Violation Law;

Base of Protocol 107 /2013/NĐ-CP October 20, 2013, of the Government of the United States, on September 20, 2013, the Government of the Government of the Government of the Government of the United States rules

At the request of the Chief Inspector and the Chief of the Law,

Minister of the Ministry of Science and Technology issued a regulatory regulatory detail some of the provisions of the Digital Protocol 107 /2013/NĐ-CP October 20, 2013, of the Government of the United States, on 20 September 2013, the Government of the Government of the Government of the Government of the Government of the Government

Chapter I

GENERAL REGULATION

1. The adjustment range

This information provides details of some of the provisions of the Digital Protocol 107 /2013/NĐ-CP October 20, 2013 by the Government of the Government to rule out administrative violations in the field of atomic energy (the following call for Protocol) 107 /2013/NĐ-CP ) Article 4, Article 5 (point b clause 2, point b, Point 3), Article 8 (point b 1, Point a, Point 2), Article 12 (point a, point b, Point 1), Article 13 (paragraph 2, Point a 4), Article 16 (paragraph 1), Article 27 (point g 2), Article 27 (point g 2), Article 27 (point g 2), Article 27 (point g 2), Article 27 (point g 2), Article 27 (point 2), Article 27 (point 2), Article 27 (point 2), Article 27 (point 2), 42 (Point 4), Article 43 (paragraph 1) of the Digital Protocol 107 /2013/NĐ-CP.

What? 2. Subject applies

1. Personally, the organization has administrative violations in the field of atomic energy.

2. The person with the authority to sentence the administrative breach in the field of atomic energy.

3. Other subjects are involved in the punishment of administrative violations in the field of atomic energy under the rule of law.

What? 3. Judge sanctions

1. The inspector of science and technology, who is entrusted with the task of inspector general of radiation safety and nuclear, is taking over the regulations at Clause 1 Article 43 Decree. 107 /2013/NĐ-CP including: Ombudman who is working at the Inspector of the Ministry of Science and Technology, Inspector of the Department of Science and Technology, which is tasked with carrying out a specialized inspection mission in the Department of Radiation Safety and Nuclear Safety.

2. Head of the Department of Professional Inspector of the Ministry of Science and Technology; Head of the Department of Professional inspectors of Radiation Safety and Nuclear Safety and Chief Inspector of the Department of Science and Technology used the stamp of the presiding agency. This is an inspection of the executive order to apply the measures to carry out the inspection.

What? 4. Identitiate the subject of administrative breach of the administrative penalty in terms of regulation of regulation at Article 4 Decree 107 /2013/NĐ-CP

1. The administrative violation in the field of atomic energy is applied to the form of fines on individuals including: The facility has only one person or a group of people or a household that conducts the radiation work at a site, using a common use. No more than 10 labourers, no seals.

2. Subject of administrative violations in the field of atomic energy applied to the form of capital punishment for the organization:

a) State Agency, political organization, political organization-social organization, professional social political organization, social organization, professional social organization;

b) Private enterprise, equity firm, LLC, cooperative company, cooperative, cooperative association;

c) The other economic organization established by the rule of law.

Chapter II

ADMINISTRATIVE VIOLATION IN

ATOMIC ENERGY SECTOR

What? 5. violations of the declaration of regulation at Article 5 Decree 107 /2013/NĐ-CP

1. The violation of regulation at B Point 2 Article 5 is the behavior of the individual, the organization with mobile radiation activity without making an announcement with the Department of Science and Local Technology where the radiation work is conducted before 24 hours since the transfer of the device. Radiation to the local.

2. Behavior violation at point b 3 Article 5 is the behavior of individuals, production organizations, trial production, processing, ore mining, mineral products, secondary products, by-products, or waste products containing natural radiation agents that do not meet the conditions. Exemption from the declaration, the prescribed license level at Point 2.1 of the National Technical Regulation QCVN 5 :2010/BKHCN on Radiation Safety-Free of declaration, issued issued licenses issued by Digital Information 15 /2010/TT-BKHCN September 14, 2010 of the Ministry of Science and Technology without making an announcement with the Department of Radiation and Nuclear Safety or the Department of Science and Technology, the organization conducts its activities.

3. The used source of radiation at C point 3 Article 5 is a closed source of radiation prescribed at paragraph 2 Article 2 of the Digital Information 22 /2014/TT-BKHCN August 25, 2014 of the Ministry of Science and Technology Regulation on the management of radioactive waste and used radioactive sources.

What? 6. Behavior violations of radiation dose control over the general public, for the radiation staff stipulated at Article 8 of the Protocol. 107 /2013/NĐ-CP

1. The violation of regulation at the point b 1 Article 8 is the behavior of the individual, the organization conducting the radiation work does not inform the results of the assessment of the dose of personal radiation by text (or sending photocopy results assessment of the dose assessment) to each employee. The radiation after 2 days of work since the receiving results of a dose of personal radiation.

2. The violation of regulation at Point A 2 Article 8 is the behavior of the individual, the organization conducting the radiation work that has one of the following violations:

a) To dose radiation to the public in excess of 1mSv/year or an instant dose of excess of 0.5 µ Sv/hours (not including the environmental radiation font).

In particular, the dose of radiation at the following positions exceeds 0.5 µ Sv/now a violation of the radiation control regulation to the public: the positions outside the room placing X-ray devices, the radiation equipment where the public travel, where the sick sat waiting, the patient said. You know, in the neighborhood.

In the case of X-ray equipment, the radiotherapy device placed in the residential area, adjacent to the housing or workplaces, the dose of radiation at every measurement outside the room of the device to exceed 0.5 µ Sv/is now a violation of the radiation control regulation to the public.

b) For a radiation dose to the radiation staff beyond 20mSv/year or an instant dose exceeding 10 µ Sv/hours (not including the environmental radiation font).

In particular, the dose of radiation at the following positions exceeds 10 µ Sv/now a violation of the radiation control regulation to the radiation staff: in the control room or where the controller of the X-ray device is diagnosed in medical (not applicable to the treatment). The X-ray device, the radiotherapy device.

3. The violation of regulations at the Point 2 clause 8 is the behavior of the individual, the organization conducting the radiation work does not perform one of the following when the radiation dose results in the abnormal radiation staff:

a) pause to use employees with high doses of radiation as radiation work;

b) proceed to understand the cause of high-radiation doses and have timely remedied.

What? 7. Behavior violation regulations, calibration device calibration calibration, radiation equipment, radiation source prescribed at Article 12 Decree of the Protocol. 107 /2013/NĐ-CP

1. The violation of regulation at points a, b and c 1 Article 12 is the behavior of the individual, the organization using the radiation device, the device measured radiation in the prescribed violation medical at 1, 2 and 3 Article 9 of the 13 /TTLT-BKHCN-BYT day 09/6/2014 of the Ministry of Science and Technology and the Ministry of Health regulations on the safety of radiation safety in health care.

2. The violation of regulations at the point of clause 1 Article 12 is the behavior of the individual, the organization conducting the radiation work that has one of the following violations:

a) There is a fixed radiation device that is not required but not remediation that continues to use;

b) The radiation device in the time of the test certificate is valid but at the time of the inspection, examination, the competent authority under the rule of law detection of the unwarranable device for use of the examination, cure the patient but the facility still tries. It's all right.

What? 8. Behavior violation of the protection of the radiation staff for regulation at Article 13 Decree. 107 /2013/NĐ-CP

The violation of the provisions in Clause 2, Point A 4 is a violation of regulations at Article 17 of the 13 /TTLT-BKHCN-BKHCN-BYT on 09/6/2014 of the Ministry of Science and Technology and the Ministry of Health regulations on the safety of radiation safety in health care.

What? 9. Behavior violations regulations on safe-state reporting conduct of the radiation work stipulated at Article 16 of the Protocol. 107 /2013/NĐ-CP

The violation of the provisions at Clause 1 Article 16 is the behavior of the individual, the organization conducting the radiation work that has one of the following violations:

1. Not to send a safety report to conduct the radiation work of the facility or have the report sent but it is not correct the prescribed deadline for the radiation safety management agency according to the hierarchy:

a) The basis of radiation work in healthcare sent reports to the Department of Science and Local Technology where the radiation work is conducted;

b) Other radiation work facilities sent reports to the Department of Radiation and Nuclear Safety.

2. There is a safety report that conducts the radiation work for the radiation safety regulator, but the report is not fully informed by the provisions of Article 2 of Article 20 of the Atomic Energy Law.

What? 10. Other violations of radiation safety, nuclear safety stipulated at Article 27 of the United States. 107 /2013/NĐ-CP

The violation of regulation at G 2 Article 2 Article 27 is the behavior of the individual, the organization conducting the radiation work that has one of the following violations:

1. Do not distribute the person in charge of the safety in writing.

2. There is no regulatory text on the mission, the authority of the person in charge of safety and conditions, the mechanism for the safety of the person to be able to perform the responsibility of the person in charge of the prescribed safety.

What? 11. The conduct of obstruction of inspection, regulatory inspection at Article 42 Decree 107

Personally, the organization that performs one of the following acts is prescribed by regulation at point b 4:

1. Not to send people to work with the inspection team, sending people who are not competent to work with the inspection team, not authorize the people to work with the inspectors.

2. Do not perform or perform incomplete, untimely conclusion of the inspection of the inspector, the decision to process the inspector of the competent person.

3. Other acts impede, make it difficult for the authorities in the inspector, check (e.g. delays in the provision of documents that the inspectors require; neither layout or delay in the layout of the room unlock, the server operation, or the search engine). It's an inspection and inspection at the scene of the inspection, inspection ...).

Chapter III

THE ORGANIZATION.

What? 12.

This message has been in effect since November 25, 2014 and replaces the Digital Information. 26 /2010/TT-BKHCN December 29, 2010 of the Minister of Science and Technology instructs certain provisions of the Digital Protocol. 111 /2009/NĐ-CP December 11, 2009, the government regulates the administrative violation of the field of atomic energy.

What? 13.

1. Chairman of the People ' s Committee, Chief Inspector of the Department of Science and Technology, Director of the Department of Radiation Safety and Nuclear, Chief Inspector of the Department of Radiation Safety and Nuclear, Chief Inspector General of the Department of Radiation Safety and Nuclear, Chief Inspector of Police. Science and Technology, Ombudman, titles have jurisdiction over the regulation at the UN Protocol. 107 /2013/NĐ-CP and other subjects that are involved in the punishment of administrative violations in the field of atomic energy under the rule of law that is responsible for this practice.

2. During the execution, if there is an entangriation of agencies, organizations, individuals involved in timely reflection on the Ministry of Science and Technology for the study, the solution guidelines ./.

Minister.

(signed)

Nguyen Quan