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Circular 19/2009/tt-Bkhcn: Specialized Inspection Guidance About Radiation And Nuclear Safety

Original Language Title: Thông tư 19/2010/TT-BKHCN: Hướng dẫn thanh tra chuyên ngành về an toàn bức xạ và hạt nhân

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CIRCULAR guide specialized inspection of nuclear and radiation safety _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Atomic Energy Act 3 June 2008;
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;
Pursuant to Decree No. 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law on the Ombudsman;
Pursuant to Decree 87/2006/ND-CP on August 28, 2006 by the Government on the organisation and operation of inspection science and technology;
The Minister of science and technology in the specialized inspection guidelines on safety of nuclear and radiation as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular instruction inspected the observance of the provisions of the law on radiation safety, nuclear safety, the task of ensuring security of radioactive sources, the nuclear materials of organizations and individuals to conduct activities in the field of atomic energy in Vietnam.
2. This circular apply to heads of State management bodies, heads the Agency inspectors, inspections, inspectors carry out missions specialised inspectors and nuclear radiation safety and the organizations and individuals involved.
Article 2. Authorized inspector 1. Inspection of the Ministry of science and technology (hereinafter the ministerial) duties of specialized safety inspector and nuclear radiation in the range of State management of the Ministry of science and technology.
2. Inspection of the Bureau of radiation and nuclear safety (hereinafter called Bureau inspectors) mission specialist Inspector and nuclear radiation safety for individual organizations to conduct activities in the field of Atomic Energy on nationwide.
3. Inspector of Department of science and technology of the province, central cities (hereafter referred to as inspection) inspection missions specialized radiation and nuclear safety for the organizations and individuals conducting activities in the field of Atomic Energy on the province , central cities (hereinafter the province).
Article 3. Inspection organization responsibilities 1. The Chief Inspector of the Ministry is responsible for: a) building program, safety inspection plan and annual nuclear radiation of the Inspector, the Minister of science and technology in the approval and implementation of programs, plans;
b) election officers plan to join the Corps and the Bureau's inspection department.
2. The Chief Inspector of the Bureau is responsible for: a) building program, safety inspection plan and annual nuclear radiation Inspector General, Bureau of program, planning inspector of the inspection and the submitted Ministerial inspection plan before December 5 every year;
b) The Director of the nuclear and radiation safety approved the program of inspection plan, inspection of the Bureau after the opinion of the Chief Inspector and the implementation of programs, plans;
c) building plan election officers joined the inspection of ministries and departments.
3. The Chief Inspector of the Department is responsible for: a) building program, safety inspection plan and annual nuclear radiation of inspection and inspection plan sent about the Inspector, the Inspector sent the Bureau before November 20, annually;
b) The Director of the Department for approval and implementation program, safety inspection plan and annual nuclear radiation;
c) Election officers joined the Department's inspectors and the Bureau conducted inspections on the province when there are notifications or requests.
d) Must establish and conduct inspection group inspected for organizations, individuals conducting activities in the field of Atomic Energy on the province within 5 working days from receiving the information detected signs of violating the atomic energy legislation through the mass media or other sources of information.
DD) Transfer a copy of the minutes of the inspection, the Inspector concluded for The inspectors, đồng sent Inspector for the Bureau service in serious violation of regulations atomic energy legislation, within 2 working days from the end date surveyor.
4. The program, safety inspection plan and annual nuclear radiation must be based on: a) the requirements of the management;
b) directing, instructing the Agency's inspection of the upper level, heads of the same level;
c) annual inspection results;
d) ensure inspection frequency for the organizations and individuals who conduct radiation as prescribed in article 8 of this circular.
Article 4. The decision the Ombudsman 1. The base program, safety inspection plans and nuclear radiation was the Secretary, Bureau Chief, Director of Department for approval, the Chief Inspector, Chief Inspector of the Bureau, the Chief Inspector of the Department of inspection decisions, establish inspection group, specialized inspectors perform inspection tasks. Where necessary, the Minister, the Director, the Director of the Department of decision and formed the Corps of inspectors.
2. The Chief Inspector, Chief Inspector of the Bureau, the Chief Inspector of the Department heads to manage the same level determine the specialized inspection. At the latest after 10 working days from the date of receiving the proposal, the head of the agency responsible for management approval and to notify the Chief Inspector implementation.
Pursuant to the decision of approval of the heads of administration at the same level, the Chief Inspector, Chief Inspector of the Bureau, the Chief Inspector of the Department of decision and formed the Corps of inspectors to conduct the inspection. Where necessary, the Minister, the Director, the Director of the Department of decision irregular inspection and inspectors Union.
3. in case of detected violations of the law should prevent timely, Chief Inspector, Chief Inspector of the Bureau, the Chief Inspector of the Department of inspection decisions, and to immediately report to the heads of the same management level.
Chapter II INSPECTION ACTIVITIES of SPECIALIZED NUCLEAR and RADIATION SAFETY article 5. Specialized inspection forms the radiation and nuclear safety 1. Specialized inspection activity radiation and nuclear safety are made in the form of inspection according to the program, planned and unscheduled inspections prescribed in article 45 of law Inspector.
2. specialized inspections for radiation and nuclear safety by specialized inspectors perform group or specialized inspectors conducted independently.
Article 6. Requirements for inspection group 1. Members of the delegation inspected when absent is of the opinion the proposal written by the heads of election inspection group participants.
2. When implementing the content inspector to conduct the test measuring the actual assessment, inspection group ingredients must have people who have expert knowledge and skills using measuring equipment.
3. The case of the absence of the inspectors Union members, a meeting between the delegation and the Inspector object that is still in progress but must ensure there are at least two members of the delegation, including Chief Inspector Inspector crew.
Article 7. Inspection procedure 1. Preparation of inspection inspection Group Meeting) assigned task for the crew members inspected the building research organization, plans to conduct the inspection and outline of object requests the inspection report. The case inspectors conduct independent inspections, just study the construction plan to conduct inspections and outline of object requests the inspection report.
b) Chief Inspector Corps is responsible for notification in writing to the Inspector object on the announced inspection decisions, the content outline of the reports, records, documents, personnel, time, location, work with the Corps of inspectors and send the object Inspector for at least 5 days before the announcement of the decision to the Inspector; send notification about the publication of the decision for the relevant authorities in case of need. This provision does not apply to the case of unscheduled inspections.
c) requires agencies, organizations, individuals provide licensing records, records inspected, tested for radiation and nuclear safety has been made with respect to the object Inspector, the dispatch of exchange between authorities with the object Inspector and other materials.
d) prepare the equipment serves for inspection of activities consistent with the purposes, the object Inspector. The proposal with the authorized disposition of funds and vehicles serving the operation of the inspection group.   
2. Proceed to the inspection of a) before conducting the inspection, the inspection crew Chief announced the decision for the inspection the Inspector object as defined in article 9 circular No. 03/2009/TT-TTCP on 02/3/2010 of the Government inspectors conduct a process inspections. The announcement of the decision the Ombudsman must be established within minutes of inspection.
b) Chief Inspector Corps uniform programs work, ask the Inspector object that represents the report according to the content of the notice of the Chief Inspector and the Union provided the necessary paperwork.
c) inspection Group conducted inspection of the observance of the legal provisions on the subject's Atomic Energy Inspector conducts inspection plan established in the inspection preparation. Test content for each type of radiation work instructions in annex I of this circular. Metrics, measuring results by the Corps of inspectors make the basis for assessing the observance of the legal provisions of the object Inspector. 
d) inspection Group to announce the test results, the conclusions and recommendations of the Inspector; listen to the opinion of the Inspector object explanation with respect to the conclusions and recommendations of the Inspector.
Chief Inspector group) held a meeting, set the minutes of the inspection. The event object Inspector has administrative violations are forced to handle, the Inspector Corps formed thereon administrative violations.
e) inspection Group declared thereon and published the minutes of administrative violations (if available); request the competent representative of the Inspector object signature, stamp the inspection group founded by thereon before the protagonist Inspector directly on each version.
3. Finish inspection

At the latest within 15 days of the end of the inspection at the facility, Union Chief Inspector must report the results of the inspection under the provisions of article 42 of Decree 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law on the Ombudsman. Inspected for multiple inspections, could make general statements of results for both inspected. Inspection results report includes the following: a) general situation related to the implementation of the Inspector, the Inspector undertook content;
b) reviews the implementation of the provisions of law on nuclear energy of the object inspector under the Inspector content;
c) The violation (if available), the extent of infringement and remedies;
d) The inadequacies in the management, policy, laws are discovered through inspection activities;
DD) proposals and recommendations aimed at strengthening the management of safety and security for the activities in the field of Atomic Energy;
e) different opinions among Union members with Union Chief inspectors inspected about content inspection results report (if available);
g) no opinion of the Inspector object for the content thereon inspector set (if available).
Article 8. Frequency of inspections 1. The frequency of inspections according to the program, the plan for each type of radiation work is prescribed in annex II of this circular.
2. for organizations and individuals to conduct many different radiation work, the inspection frequency is calculated according to the type of radiation work have the highest inspection frequency.
3. for organizations and individuals to conduct radiation work on many different geographical areas, using various sources of radiation, conducted simultaneously many types of different radiation work or work radiation has the nature of complex technology, allows to conduct more inspections in a year but must ensure : a) No inspected the same content more than once in a year for an object Inspector, except where unscheduled inspections;
b) the content of each inspection in the year must be clearly specified in the inspection decision.
Article 9. Vehicles, equipment in inspection activities 1. Inspection Agency, inspectors need to be equipped with the means to work and the following equipment: a) laptop, printer;
b) photographic equipment, audio and video recordings;
c) dedicated measurement equipment such as measuring radiation dose, control equipment;
d) equipment to track individual irradiation doses;
DD) equipped with labor protection;
e) The other auxiliary service for inspection activities.
2. The dedicated measurement equipment used in the operation of specialized safety inspector and nuclear radiation inspection, calibration must be consistent with the national technical regulation.
Article 10. Inspector profile 1. Entire document during the inspection from when preparing the end must be made in the record including the content specified in paragraph 2 of this Article and should be preserved, stored, mined in accordance with the provisions of the law of information privacy and records.
2. content of records including inspections: inspection decision; plans to conduct the inspection; the written notice, request the Group of inspectors; the report by the Corps of inspectors, inspectors; justification of the object Inspector; inspection reports; conclusion the Ombudsman; the Inspector Corps documents collected in the course of preparing the inspection; the documentation provided by the Inspector object; Photo document, record, recording, electronic files that have been in the process of conducting the inspection.
Chapter III the TERMS of the IMPLEMENTATION of article 11. Effect 1. This circular is in effect from May 1, 2011 and supersedes circular No. 10/2006/TT-BKHCN on 17th March 2006 the Ministry of science and technology in the specialized inspection instructions safety and radiation control.
2. During the implementation process if there are obstacles and suggest the Agency, organization, timely personal reflection on the Ministry of science and technology to solve or consider additional amendments./.