Atomic Energy law base for 2008;

Basing the Ordinance handling administrative violations in 2002 was amended and supplemented in 2007, 2008;

Pursuant to Decree No. 111/2009/ND-CP on December 11, 2009 by the Government regulation on sanctioning administrative violations in the field of Atomic Energy;

Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology, Minister of science and technology to guide some of the things referred to in chapter II of Decree No. 111/2009/ND-CP (hereinafter the Decree 111) about administrative violations in the field of energy atoms and the jurisdiction, procedure of sanction as follows: chapter I GUIDE IDENTIFIES a NUMBER of ADMINISTRATIVE VIOLATIONS in the FIELD of NUCLEAR ENERGY, article 1. Violations of the regulations on the Declaration 1. The behavior does not declare the radioactive substance, radioactive waste, radiation sources and equipment used for radiation source of nuclear materials, nuclear materials, nuclear equipment, nuclear fuel used with the competent State agencies specified in point a of paragraph 1, point a Article 2, paragraph 5 of the Decree 111 is understood not to declare to the scientific Department and The technology or the Bureau of radiation and nuclear safety as the hierarchy in condition 8 circular No. 08/2009/TT-BKHCN on July 22, 2010 Guide to Declaration, the work permit of radiation and radiation worker certification.

2. Acts "undeclared radioactive sources" used in article 5 paragraph 1 of the Decree DD 111: "Radioactive Sources" used are understood to be radioactive sources have been used, at present do not continue to use anymore (due to radioactive sources, radiation device is damaged or no longer needs to use).

Article 2. Violations of the regulations on radiation safety, nuclear safety.

1. About remedial measures "to suspend the circulation of goods within the specified time" specified in point b of paragraph 4 Article 10, Decree 111: "specified time" is the time necessary for the activity of radioactive material on the goods falling to meet the regulations of the national technical regulation on safety-radiation of radioactive material disposal , the object of radioactive contamination caused by the Minister of science and technology.

When to apply remedial measures "to suspend the circulation of goods", if the competent authority does not determine sanctions to be time specific suspension shall conduct the referendum of the professional bodies are eligible under the provisions of the law. Results of reviews of the professional body is the basis for determining the time to suspend the circulation of goods of infringing.

2. Acts "against irradiation doses to the public, for the staff of the radiation in excess of the dose limits" prescribed in article 13 paragraph 1 point a decree 111 is understood as: organizations and individuals conducting radiation work to occupational irradiation doses, irradiation doses exceeding the public dose limits stipulated in the circular control instructions and radiation safety assurance in occupational irradiation and radiation of the public by the Minister of science and technology.

3. Acts "without safety and security, radiation warning" defined in art. 1, art. 2 of the Decree 111 article 14 is interpreted as: a) Not arranging radiation signs, warning signs of dangerous radiation, radiation warning lamp, lamp radiation activity in the entrance Chamber , radiation equipment operation;

b) base case work have more radiation radiation equipment in many different rooms, but are focused into the area (such as the faculty, Center ...) without the radiative signage, layout warning signs of dangerous radiation in the area has set, use, operate the radiation device;

c) no warning signs of dangerous radiation sources containing radioactive crust, the crust radioactive source containers, on the radiation device;

d) no signs of radiation, where exit-on control areas, the monitoring area;

DD) no radiation warning equipment for the facility have nuclear reactors, accelerators, radiation sterilization equipment, material handling equipment, industrial radiographic, remote radiation therapy facility, mining facilities and radioactive ores processing;

e) no security rules Guide to prevent people who do not have the responsibility areas have radioactive sources, radiation equipment.

4. Acts "not organized knowledge training, nuclear radiation safety for personnel radiation" specified in point b of article 14 paragraph 3 of the Decree 111 is meant to be: a) the organisation or individual conducting radiation work not organized for staff training the new recruit radiation;

b) Organization, personal conduct annual radiation training organization, adding new knowledge about radiation safety, nuclear safety and expertise for radiation workers.

5. Acts "do not build, organizations make incident response plan radiation level" specified in point c of paragraph 3 article 14 111 Decree was meant to be: a) the base store, use, management of radioactive sources which do not build incident response plan base level;

b) basis, using radioactive source management plan to deal the issue level but not full content as specified in paragraph 2 to article 83 of the Atomic Energy law. Content of the incident response plan base level include: expected situations can happen, human resources mobilization plan, the media made the initial response measures, held emergency distress, limiting the breakdown spread, limiting the consequences, isolated danger zone and safety control , security, hosted exercise routine incident response annually;

c) retention base, use, management of radioactive sources that are not the Organization made one of the content of the incident response plan base level mentioned in point b of paragraph 5 of this Article.

6. Acts "do not organize periodic health examination for radiation workers" defined in art. 4 article 14 111 Decree was meant to be: a) the organisation or individual conducting radiation work that not organize health examinations for personnel radiation when new recruit;

b) Organization, the individual conduct of radiation do not organize the annual periodic health examinations for radiation worker as defined by the Ministry of health.

7. Violations of the regulations on organization of reviews of individual irradiation doses for radiation workers referred to in point c of paragraph 4 article 14 111 Decree was meant to be: a) the organisation or individual conducting radiation work that not organize reviews for irradiation dose radiation workers at least once in 3 months;

b inadequate doses), non-consecutive months during the year.

8. Violations of the regulations on establishing control areas, the monitoring area, limit the people specified in point i of paragraph 4 article 14 Decree 111 is understood as: organizations and individuals conducting radiation work without established control areas supervisory areas, as defined in the circular control instructions and radiation safety assurance in vocational irradiation and irradiated the public by the Minister of science and technology.

9. Violations of the "no report or not report the full content on the real situation of safety work of radiation" stipulated in art. 5 article 14 111 Decree was meant to be: a) the organisation or individual conducting radiation work without safety status report conducting radiation work with Department of science and technology or radiation safety Bureau and the kernel at least once a year;

b) Organization, personal work situation report on radiation safety radiation work conducted with safety management of radiation but not full of content as specified in paragraph 2 to article 20 of the Atomic Energy law. It's the content: the compliance with the conditions stated in the license for conducting radiation work, the changes compared to the licensing application, incident radiation and the remedy.

10. Behaviour "did not check out the periodic radiation work of radiation workers" defined in point b of paragraph 5 article 14 Decree 111 is understood as: organizations and individuals conducting radiation work without conducting checking out radiation as defined in the circular control instructions and radiation safety assurance in the occupational irradiation and radiation of the public by the Minister of science and technology.

11. Acts "do not periodically calibrations, calibration of measuring radiation recording device, radiation equipment, nuclear equipment" specified in point c paragraph 5 article 14 111 Decree was meant to be: a) the Organization, individuals use recording devices for measuring radiation, radiation devices nuclear equipment, located in the category measuring radiation recording devices , radiation equipment, nuclear devices to test, calibration by Ministry of science and technology issued without verification, calibration according to the rules before putting the device into use;

b) No periodic calibration, inspection under the rules;

c) after installation of the device again or fix that affects safety features and accuracy of equipment that is not calibrated, the calibration according to the regulations.

12. Acts "using radioactive sources, radiation equipment does not meet the criteria for diagnosis and treatment in treatment" provisions in point e account 5 article 14 111 Decree was meant to be: a) the organisation or individual conducting radiation work have radiation equipment, unsatisfactory testing but did not fix that continued use;

b) Organization, personal conduct radiation radiation device has been calibrated but at the time of the inspection, the inspector discovered the device Group does not guarantee to use the treatment for the patient.

13. Acts "physical liquidation of radioactive contamination of radioactive contamination level higher than the provisions" referred to in article 17 paragraph 1 point b 111 Decree was interpreted as: organizations and individuals conducting the liquidation of the radioactive contamination of radioactive contamination level higher than prescribed in the national technical regulation on disposal of radioactive material , the object of radioactive contamination caused by the Minister of science and technology.

Article 3. Violations of the provisions on security of radioactive sources, nuclear materials, nuclear equipment.


1. Acts "not implemented measures to control unauthorized access to radioactive sources" defined in art. 1 Article 23 Decree 111: "measures to control unauthorized access to radioactive sources" is understood as: measures to ensure the security of radioactive sources in order to control the illegal access , stolen, seized, undermining the provisions of circular No. 23/2009/TT-BKHCN on 29th December 2010 Guide to ensure the security of radioactive sources by the Minister of science and technology issued (hereafter referred to as the circular No. 23/2009/TT-BKHCN).

2. Acts "do not tally periodically radioactive sources" provided for in point c of paragraph 1 to article 23 Decree 111 is understood as: Organization, individuals with radioactive source without making check confirmed the existence of a source of radioactivity in municipal sources as specified in circular No. 23/2009/TT-BKHCN. Specifically: a) individual, organization management, use of radioactive sources in A security level that is not radioactive source daily tally;

b) Organization, personal management, use of radioactive sources in the security level B which do not tally radioactive sources periodically at least once a week;

c) Organization, personal management, use of radioactive sources in the security level C without radioactive sources tally periodically at least once a month;

d) Organization, personal management, use of radioactive sources in security levels D without radioactive sources tally periodically at least once a year.

Article 4. Violations of the provisions on services in support of the application of Atomic Energy acts "operation support services application of atomic energy but violated regulations on radiation safety, nuclear" specified in point b of paragraph 1 Article 111 Decree 29 are interpreted as follows: 1. Organization personal service activities, to support the application of atomic energy that use radioactive sources, radiation equipment that does not comply with the rules on safety of nuclear radiation, such as the rules on safety, security, retention and radiation safety record, safety coordinator assignment periodic health examinations, for staff, radiation, radiation equipment, recording devices measured radiation, recurring reports status of safety work of radiation units for State administration of safety of nuclear, radiation and the other rules for a facility to conduct radiation work.

2. organizations and individuals who operate services in support of the application of atomic energy that does not comply with the safety rules while conducting service activities lead to consequences that cause loss of radiation safety, nuclear safety, such as the following behaviour: a) cause the dose irradiation exceeded the time limit;

b) Do disperse radioactive substances into the environment; lost radioactive sources;

c) do not have the processes when conducting measurements, check the source of the radiation, the radiation device; do not implement procedures governing bodies have been assessed;

d) does not set the control area, the area of surveillance, restricting people when conducting inspection, calibration of the recording devices for measuring radiation, radiation equipment, ultrasonic radiation, nuclear equipment, installation of radioactive sources.

3. Make no serious responsibilities of base operations support service applications of atomic energy. For example, the following behavior: a) provides results services, does not guarantee the quality;

b) to send the results to read personal radiation dose slowly; no text instructions for customers using the personal design prescribed doses.

c) incomplete information, inaccuracies in the reading results of radiation dose: individuals; the minutes of the calibration, quality control equipment for radiation, nuclear devices and recording devices for measuring radiation, radiation check work area, reviews, technology assessment and evaluation of radiation, nuclear technology;

d) does not implement the service contract, made no timely, full liability in contract;

DD) does not keep the kind of records about the operation of support services the application of Atomic Energy;

e) using the device do not match, do not use the standard support service activities in the application of Atomic Energy;

g) Do the radiation device works incorrectly with active principles are specified by the manufacturer;

h) safety inspection certificate when the safety is not guaranteed;

I) do not proceed to enter data into the national data system as prescribed;

k) do not perform periodic reporting results of personal radiation dose assessment with Bureau of nuclear and radiation safety as specified.

Article 5. Violations of the regulations on occupational insurance, civil liability insurance, insurance of environmental damages.

1. Basis of medical x-ray activities and facilities to conduct radiation work in radiation work not mentioned in paragraph 2 of this Article which doesn't buy insurance, civil liability insurance for the employees of prescribed radiation then sanctioned in article 19 paragraph 1 of the Decree 111.

2. The basis of operation of accelerators, radiation therapy equipment, sterilization irradiation equipment, material handling equipment, radiographic equipment, industrial, manufacturing, processing radioactive substances, exploration, extraction, processing radioactive ores, nuclear materials used in addition to the nuclear fuel cycle transportation of nuclear materials outside nuclear facilities without buying insurance, civil liability insurance for the employees of prescribed radiation then sanctioned as prescribed in clause 2 article 19 111 Decree.

3. The basis of nuclear research reactors, nuclear power plants, production facilities, processing radioactive substances, mining facilities, processing radioactive ores, radioactive waste, radioactive sources, used nuclear fuel were used without buying insurance environmental damages under the provisions sanctioned under the provisions of paragraph 4 Article 19 the Decree 111.

Article 6. Acts impedes operations inspector, examine the provisions of article 30 of Decree 111.

The Organization, individuals perform one of the following acts shall be sanctioned in accordance with point b item 2 article 30 the Decree 111:1. 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. Arbitrarily break the seal, do change positions, traces are sealed for radioactive sources, radiation device when the source of the radiation, the radiation equipment was inspected the custody or sealed by the Organization, individuals violating regulations on reporting, licensing, accreditation, calibration , radiation equipment upgrades, room layout does not reach the standard rules to conduct radiation work pending the decision of the authorized person;

3. Do not make or made incomplete, untimely conclusion the Ombudsman, decided to handle on the inspection of authorized person;

4. 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 measuring, in the shooting room ....).

Chapter II GUIDANCE on jurisdiction, article 7 SANCTIONS PROCEDURES. Specialized inspectors science and technology provisions in Article 32 paragraph 1 of the Decree 111 include: inspectors are present in the inspection of the Ministry of science and technology, Department of radiation safety, nuclear (who was assigned to the specialized inspection in the radiation safety Bureau the kernel) and Inspector of the Department of science and technology.

Article 8. Record-setting authority sanctioning administrative violations the following people have the authority to establish the minutes of administrative violations in the field of nuclear energy: the Chief Inspector of the Ministry of science and technology, the Chief Inspector of the Department of science and technology, specialized inspection crew Chief to safety of radiation, nuclear Inspectors specializing in science and technology and the titles have the jurisdiction to sanction the provisions of article 33, article 34 of the Decree 111.

Chapter III IMPLEMENTATION article 9. Effective enforcement of this circular in force from February 22, 2011. In the process, if there are difficulties, obstacles and suggest the Agency, unit reflects the timeliness of the Ministry of science and technology to study the resolution.