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Decree 70/2010/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Atomic Energy In Nuclear Power Plant

Original Language Title: Nghị định 70/2010/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Năng lượng nguyên tử về Nhà máy điện hạt nhân

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on electricity of 3 December 2004;

Pursuant to the law on Atomic Energy 03 June 2008;

Pursuant to the law building on November 26, 2003;

Pursuant to the law on investment of 29 November 2005;

Pursuant to the law on environmental protection on November 29, 2005;

Pursuant to the law on tenders of 29 November 2005;

Pursuant to the law amending and supplementing some articles of the Law relating to investment and construction on June 19, 2009;

Considering the recommendation of the Minister of industry and trade, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this guide the regulation of Atomic Energy Law on investment, site selection, design, construction, installation, operation, termination of operation of the nuclear power plant and to ensure the safety and security of the operation; on conditions for the individual organization when investing in the construction of nuclear power plants.

Article 2. The object of this Decree apply apply to organizations and individuals in and outside the country to conduct the activities related to the nuclear power plant in Vietnam.

Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. nuclear power plant Nest is a combination consisting of a nuclear reactor and the turbines, generators and other auxiliary equipment turning nuclear energy do nuclear reactors generated into electricity.

2. nuclear power plant is a combination includes one or many nuclear power plants, transformer transmission system over grid, storage places, shipping and handling of radioactive material are placed in the same location and directly related to the exploitation of nuclear power plants.

3. nuclear accounting is the inventory and the balance sheet of nuclear material for use in nuclear reactors.

4. nuclear inventory is the tally and measuring nuclear materials to determine the amount of nuclear material in a certain period of time at the nuclear power plant.

5. The owner construction of nuclear power plants is the owner of capital or who manage and use the capital to invest in the construction of nuclear power plant construction.

6. Organization of the nuclear power plant is a direct legal asset management and operation of nuclear power plants.

Article 4. The general rule about investments, construction, operation and termination of the operation of the nuclear power plant 1. The investment in nuclear power plant must follow the planning of national electricity development and the other related planning.

2. All activities related to the construction, operation and termination of the operation of a nuclear power plant must ensure the highest requirements in terms of safety and security.

3. The construction and operation of nuclear power plants must achieve economic efficiency, contributing to socio-economic development, reducing environmental impact, improving and enhancing the lives of the local population where there are nuclear power plants.

4. nuclear power plant list important work related to national security must be protected, in particular, absolute safety in the process of survey, design, construction, operation and management under the provisions of the law on the protection of important work related to national security.

5. The licensing of nuclear power plants by the State Agency made at the request of individual institutions, the responsibility of State agencies in choosing the location, design, construction, operation, exploitation or terminate the operation of the nuclear power plant. This provision does not exclude responsibility in ensuring the safety of personal organization is licensed.

Article 5. Established nuclear power development plan 1. Nuclear power development plan is created for each ten-year period and has driven for the next ten years.

2. nuclear power development plan was created at the same time and be mainstreamed in development planning of the content of national power.

Article 6. Standards, and technical standards 1. Industry issued or recognized to apply technical nuclear power plant nest.

2. The Ministry of science and technology issued or recognized to apply standards and technical standards on nuclear safety in the choice of location, design, construction, operation and dismantling nuclear power plant nest.

3. The Ministry of construction issued or recognized to apply normative standards and build the nuclear power plant nest.

Article 7. Duties and powers of the management bodies of the State nuclear power plant 1. Industry: a) building and directing implementation planning, nuclear power development plan;

b) promulgation, dissemination, guidance and implementation of policies, the law involved;

c) international cooperation, negotiation, the signing of the agreement, the international treaties on nuclear power plants;

d) licensing of operating the test; granted, tuning, recovery, renewal of license to operate the electricity of nuclear power plants;

DD) approval process for nuclear power plant operators;

e) Guide, support the investor investment projects and solving those problems; the request of the owner in the process of developing nuclear power projects;

g) coordination between the bodies of State management levels in development investment management, operation of nuclear power plants;

h) training, professional training strengthens the management capacity for the system state management agency about the nuclear power plant;

I) other contents according to the functions, powers and as assigned by the Government.

2. The Ministry of science and technology: a) the enactment of regulations related to the safety of nuclear power plants;

b) made nuclear control activities;

c) safety in the phase of the nuclear power plant project;

d) guide the content of safety analysis report;

DD) training, improving management capacity enhancement for the management of nuclear safety;

e) in collaboration with the Ministry of natural resources and environmental control plan content guidelines; Regulation of radioactive emissions standards, the management of radioactive waste and nuclear spent fuel use;

g) in coordination with the ministries concerned with establishing guidelines limited areas, protected areas and environmental radiation monitoring at nuclear power plants;

h) other contents according to the functions, powers and as assigned by the Government.

3. The ministries, ministerial-level agencies in the scope of its powers, duties performed in State management for nuclear power plants according to assigned by the Government.

4. the people's committees of provinces and cities under central.

a) organizations make the clearance; certificates of land use and land-use monitoring;

b) solve the difficult problems of the owner; petitioning the Prime Minister or the ministries involved to resolve these issues beyond jurisdiction.

Article 8. Profile management of documents related to nuclear power plant 1. Document records related to nuclear power plant must be managed, stored for at least 40 years, since nuclear power plant are the competent authority a decision recognizing the termination of operations and most responsible for ensuring safety.

2. Industry specific guidelines about categories, manage, use and exploitation of documentary records related to nuclear power plants in accordance with the provisions of the law on archives.

Chapter II GUARANTEE SAFETY in NUCLEAR POWER PLANTS article 9. Ensure safe investment, construction, operation and termination of the operation of a nuclear power plant must guarantee the following objectives: 1. To establish and maintain the systems and processes to guarantee safety in nuclear power plants in order to protect people, society and the environment from the harmful effects of radiation.

2. in normal operating conditions, the level of assurance and external irradiation plants below the allowable limit and at the lowest level can be reached in a reasonable manner. In case of a malfunction to ensure minimizing the extent of the influence of irradiation.

3. Make the reasonable measures with high reliability to prevent problems that can occur in a nuclear power plant. For all issues considered when designing the factory, even those incidents have a very low probability of occurring, the radioactive consequences, if any, is minor and the possibility of serious incidents is very small.

Article 10. Safety analysis reports analysis reports are made on the basis of the design of nuclear power plants in each stage and includes the following contents: 1. General introduction.

2. General description of nuclear power plants.

3. safety management 4. Reviews of places.

5. General design aspects.

6. Describe the main systems of nuclear power plants.

7. safety analysis 8. The calibration program and.

9. The operational aspects. The operational limits and conditions.

11. Radiation protection.

12. incident response.

13. The environmental aspects.

14. Management of radioactive waste.

15. Scrapping and the matter ended.

Article 11. Records suggest that evaluators reported safety analysis for nuclear power plant 1. The owner is responsible for making the proposal evaluation report the analysis of nuclear power plant safety and the Ministry of science and technology review, approval. The records include: a) the suggested evaluation Sheet investor;

b) reported safety analysis for nuclear power plants;

c) The relevant legal texts.

2. The Ministry of science and technology in the content guidelines, the number of records suggest that evaluators reported safety analysis for nuclear power plants.

3. where the profile is not yet valid, within a period not exceeding 15 days from the date of receiving the application, the agency receiving records is responsible for notification to the owner, complete additional projects.

Article 12. Evaluation of the safety analysis report 1. Radiation safety authorities and nuclear organization evaluation report safety analysis for nuclear power plants.

2. radiation safety agency and the kernel can rent or invited to the organizations and individuals inside and outside the country have sufficient ability and experience to participate in the evaluation of a part or the whole content of the safety analysis report provided for in articles 21, 22, 25, 30, 31, 34 this Decree.


3. evaluation results the safety analysis report is shown in the report the evaluation with full content, concluded as a rule.

4. the radiation safety agency and report The nuclear science and technology, the Council of national nuclear safety evaluation results of safety analysis report.

5. Minister of science and technology approved results evaluation of the safety analysis report.

6. The Ministry of science and technology issued detailed rules on content, process and procedure of evaluation of safety analysis report of nuclear power plants.

Article 13. QA procedures QA processes related to the construction of the nuclear power plant has the appropriate level of detail for each stage and includes the following: 1. The organisation of quality assurance system.

2. quality assurance program.

3. control design.

4. control the record stores.

5. Instructions, process and drawing.

6. control of records.

7. control of materials, equipment and services purchased.

8. Identify and control equipment, parts and supplies.

9. the special process control.

10. quality control program.

11. Control test.

12. control test and measurement equipment.

13. Control receiving, storing and shipping.

14. Confirm status checking, testing and operation.

15. Control equipment, parts, materials, substandard.

16. The remedy of repair.

17. quality assurance records.

18. Internal control.

Article 14. Nuclear control 1. For nuclear power plants, the object and the area under the control of the kernel: a) nuclear fuel;

b) nuclear devices and materials;

c) hold and handle nuclear materials.

2. Organization of the nuclear power plant is responsible for: a) made the nuclear accounting and periodically report the results of accounting as required by the nuclear safety authorities and nuclear radiation;

b) implement monitoring measures for nuclear fuel;

c) storage of nuclear accounting records for the duration of operation of the plant;

d) subject to the test of the competent State bodies and relevant international organizations;

DD) implementation of the provisions of the law for nuclear fuel sources.

3. international inspectors: a) the Ministry of science and technology, in cooperation with the agencies, related organizations consistent with the Atomic Energy Agency International form and inspection plan for the international audience and subject area of nuclear control prescribed in paragraph 1 of this article;

b) bodies, related institutions to comply with international inspectors plan specified in point a of this paragraph.

4. The Ministry of science and technology is responsible for: a the) rules and specific guidelines on the process, nuclear control procedures;

b) periodically and annually report the Prime Minister about the nuclear control operations at nuclear power plants.

Article 15. The plan of management of radioactive waste and nuclear spent fuel use 1. The plan of management of radioactive waste and spent nuclear fuel used by nuclear power plants have the appropriate level of detail for each stage and includes the following content: a) overview;

b) management approach, keep;

c) measures for the handling of radioactive waste;

d) control program;

DD) financial assurance mechanisms 2. The Organization has nuclear power plants must carry the management of radioactive waste and brush the nuclear fuel used according to the approved plan, technical standards and national environmental standards.

Article 16. Protection of nuclear power plant security 1. Nuclear power plants need to apply special protection, absolute safety in the process of survey, design, construction and operation.

2. The owner of the nuclear power plant is responsible for: a) ensure absolute safety, security for people and buildings in the process of survey, design, construction and operation;

b) building program, protection plan, propose and implement protective measures, prevention organizations, struggle with the infringement of security, safety of the works;

c) held the force protection projects pursuant to the requirements of protection and the nature and scale of each category after the agreed with the Ministry of public security.

3. Organization of the nuclear power plant is responsible for: a) strict protection organizations, strictly controlled the area of nuclear power plants;

b) set of limited areas, secure protection zone around the nuclear power plant.

Chapter III NUCLEAR POWER PLANT CONSTRUCTION ITEMS 1. INVESTMENT PREPARATION PERIOD article 17. The sequences, procedures, evaluation and feasibility study report (the report) to the nuclear power plant project 1. The owner made up feasibility studies of projects of nuclear power plants.

2. the feasibility study report of the project of the nuclear power plant has the following content: a) the need to invest in the construction of nuclear power plants, the favorable conditions and difficult; the mode of exploitation and utilization of national resources if available;

b) expected the scale of investment: the number of aggregates, the capacity of each of the aggregates, construction area; the categories of works under the project;

c) expected on building nuclear power plants, residential area, limited residential area and land use needs.

d) analysis, the choice of technology, specifications; the conditions for providing materials and equipment, fuel, energy, services, technical infrastructure; training of human resources; approach clearance, resettlement; effects of the project on the environment, ecology; the problem of radiation safety, nuclear safety, incident response, incident radiation, nuclear, radioactive waste management and nuclear fuel used; Prevention of fire and explosion; security, Defense; the work of media preparation project;

DD) form of investment, the preliminary estimates of the total investment, the duration of the project, financing projects under progress, socio-economic efficiency of projects and investment;

e) the recommendations particularly with Congress when considering decisions undertakings, investment in nuclear power plants.

3. The appraisal, the Congress considers the decision advocates the construction of nuclear power plants: a) the Prime Minister established the Council of the authority by the Minister of planning and investment as President to assess feasibility research report project nuclear power plant;

b) to base the evaluation results of the Council of the authority, the Government submitted to the National Assembly to consider investment policy decisions.

Article 18. Feasibility study reports (investment project) project of nuclear power plant 1. Investor reporting implementation feasibility study on nuclear power plant project after Congress passed the investment advocates building nuclear power plants.

2. The content part of feasibility study report of the project of nuclear power plant: a) the need and investment objectives; reviews the needs of national and regional power; social impact for the local area; This form of construction works; venue construction, residential area, limited residential area and land use needs; conditions of supply of raw materials, fuel and other inputs;

b) description of the scale and construction area, the category of works under the project; analysis of technical options, technologies and capacity; options to ensure the nuclear fuel supply; methods for radiation safety, nuclear safety; processing solutions, management of radioactive waste and protection of the environment; human resources training projects; projects connected with the national power system;

c) solutions implementation include: the overall approach on compensation, resettlement and assistance when the State revoked the land; the architectural designs for the works in the factory; fire solutions, fire; the security plan, in accordance with the law; the training approach and use of human resources; segment implementation, progress and project management forms;

d) total investment of the project; possibility of arranging, funding and funding possibilities under the schedule; loan repayment schemes and analysis of financial-economic efficiency, social efficiency of the project.

3. basic design content of the feasibility study report of the project of nuclear power plant: a) the basic design includes part presentation and part drawings;

b) presentation Section includes the following major contents:-brief construction location, preliminary design; of the premises, the location, the scale of construction of main work items; the connection between the projects in the project with the technical infrastructure of the area; list of applicable standards, standards;

-Assess the technology review;

-Structural approach, systems engineering, technical infrastructure primarily of works;

-Expected amount of waste and waste management systems;

-Radiation safety, nuclear safety;

-Environmental protection projects, fire, fire in accordance with the law;

-Directory of mostly standards, standards are applied.

c) Parts included: drawing-drawing of the ground works;

-Technological diagram, drawing technology;

-Drawings of the architectural and construction projects;

-Drawings of the main structural approach, systems engineering, technical infrastructure of public buildings, connected with the technical infrastructure of the area.

Article 19. The report reviews the environmental impacts 1. The investor of the project to build nuclear power plants report environmental impact assessment.

2. The report reviews the environmental impact was created simultaneously with the feasibility study report, including the following major contents: a) listed, described the work of the project attached to the scale of space, time and mass execution; operating technology of each category of works and of the project;

b) reviews of the current state of the environment and non-radiation radiation where the implementation of projects and regions; the sensitivity and the load of the environment;


c) evaluation of the environmental impact of radiation and radiation is likely to occur when the project is done and the components of the environment, socio-economic factors impact of the project; risk prediction of the environmental problems caused by the construction works; environmental impact assessment due to radiation in the event of a nuclear accident occurs;

d) measures to mitigate the adverse impact on the environment; prevention, environmental incident response;

DD) is committed to implementing environmental protection measures during construction and operation of works;

e) list of works, program management, and monitoring of environmental problems in the process of implementing the project;

g) estimating cost of building projects for environmental protection in the total cost of the project;

h) comments of the Committee, representatives of township-level people's residential community where the project;

I) directed the supply of materials, data and evaluation methods.

3. Ministry of natural resources and the environment: a) in collaboration with the Ministry of science and technology reporting guidelines on environmental impact assessment for nuclear power plant;

b) authority or organization selection appraisal services organization report environmental impact assessment project of the nuclear power plant;

c) approval of the report reviews the environmental impact after it has been verified.

Article 20. Report overview the choice of location of the nuclear power plant 1. The location of nuclear power plant building should perform the following: 1. Survey fault, earthquake and volcanic expressions can affect the safety of nuclear power plants according to the following:-geological survey, tectonics of the area;

-Collect and aggregate data of earthquakes; determine the risk of earthquakes based on seismic condition assessment and assisted areas;

-Identify risk background oscillations caused by earthquakes on the basis of regional tectonic features and metrics specific to the location.

b) survey the technical characteristics of the foundations, the construction engineering sections of the venue to determine the contents of the following: – the likely landslide, rock, erosion of the River, coast, mountain slopes in the estimated location and surroundings;

-Lifting capacity, drop, collapsed in the expected places soils on the basis of geological maps, existing documentation, the note about the caves and pits, wells, boreholes;

-Possibility of liquefied soils on the basis of the parameters and the value soil characteristic oscillations;

-Physical properties of soils and debris in it; the stability of the ground under the action of static and dynamic load;

-Dynamics and physical chemistry properties of groundwater.

c) meteorological phenomena, hydrological forecasting, survey:-effects of natural disasters (wind, rain, storms, sand storms, tsunami, temperature changes, Thunder, Tornado) for the location;

-Survey, forecasting meteorological phenomena, hydrological likely caused the particularity of disperse or stop radioactive themselves, potentially harmful effects beyond the allowable limit for humans and the environment of the location and the construction of nuclear power plants.

d) comprehensive survey causes flooding because of levees, dams, by rain, storms, tsunami, earthquake or other geologic phenomena.

DD) valuation effects on the nuclear power plant caused by human activities that cause:-collect, survey information about hazardous materials, fire, explosive, corrosive, toxic is stored, transported and used, the activity of military maneuvers, the fuel pipe lines;

-Survey of the warehouse, where mining and mineral retention risk preventing temporary water line causing flooding or drop the ground;

-Survey of the location, type of aircraft, flight frequency and corridors;

-Survey on transport, on the river and the sea, including media type, frequency characteristics, transport, ports, parking, Terminal; Note the crowded roads, intersecting points.

e) influence of radiation for the community:-the distribution, population density and population prediction in the area;

-How the spread, disperse radioactive material in air and water on the basis of meteorological parameters (wind speed and direction, the air turbulence, humidity, rainfall, solar radiation), hydrological (rivers, streams, characteristics of surface water and groundwater), topographical features (mountains, valleys) and the influence of the large construction works;

-Radiation and irradiation dose Font for local communities;

-The risk of radiation effects for the people as the basis for incident response plan; Note that the planning of land use, water resources and local food;

-Conditions of building the transportation system for the evacuation plan, food availability, food and infrastructure for the people living in evacuated areas;

-The condition, location, setting up emergency response center outside nuclear power plants;

-The suitability of the location in relation to the potential for socio-economic development of the area (trade, industry, tourism) and the risk of increased risks due to the impact of the nuclear power plant for the area of activity in the area over the plant.

g) source water cooling and power level for the operation of the plant.

2. report overview of selection include the following: a) overview of selection process;

b) Of aggregates, the technology, the scale of the expected capacity building at the location approval;

c) meet the criteria ensuring nuclear safety for the selected location.

3. The Ministry of science and technology of regulating nuclear safety requirements served the approval rating on the location of nuclear power plants.

Article 21. The sequence, procedure, the time limit for the evaluation and approval of the location of the nuclear power plant construction 1. The owner has the responsibility to prepare and process the prime consideration, approval of the location of the nuclear power plant construction. The records include: a) the approval sheet of suggested locations;

b) report overview the choice of the location specified in article 20 of this Decree;

c) the basic design of the nuclear power plant as defined in Article 18 paragraph 3 of this Decree.

d) report environmental impact assessment stipulated in article 20 of this Decree;

DD) results evaluation report of environmental impact assessment;

e) reported preliminary safety analysis includes the content specified in the paragraph 1, 2, 4, 12, 14 article 10 of this Decree;

g) safety evaluation results;

h) radiation environment control plans;

I) resolutions of the provincial people's Council;

k) other related documents.

2. Within 15 working days, since receiving the record from the owner of the Ministry is responsible for checking validity, completeness of records; additional information, request documents under the rules. The evaluation must be completed in the following period from the date of receipt of a valid application: a) not more than 3 months for the appraisal report of environmental impact assessment;

b) not more than 6 months for evaluation of the safety analysis report;

c) not more than 3 months for the evaluation of State authority.

3. approval by the prime location to build the nuclear power plant when the evaluation results, the content of the provisions in paragraph 2 of this Article; the time limit for the validity of the decision approving the venue is 20 years.

Article 22. Order and procedure of evaluation, approved feasibility study report of the project of nuclear power plant 1. The owner has the responsibility to prepare and process the prime consideration, approval of the feasibility study report of the project of the nuclear power plant. The records include: a) the Papers suggest that allows construction of the owner;

b) feasibility study report of the project of nuclear power plant as defined in Article 17 of this Decree;

c) results evaluation report of environmental impact assessment;

d) safety analysis report includes the content specified in the paragraph 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15 article 10 of this Decree;

DD) results safety;

e) quality assurance procedure provided for in article 13 of this Decree;

g) plans to scrap the provisions of article 35 of this Decree;

h) plans to manage radioactive waste and spent nuclear fuel using the provisions of article 15 of this Decree.

2. The Prime Minister established the Council of the authority by the Minister of planning and investment's Chairman to assess feasibility study report of the project of the nuclear power plant.

3. Content of the appraisal report feasibility study project of nuclear power plant: a) consider the factors that ensure the effectiveness of the project, including: the need for investment; the inputs of the project; the scale, capacity, technology, time, the progress of the project; financial analysis, total investment, socio-economic efficiency of the project;

b) reviewed the factors which guarantee the viability of the project, including: the fit with planning; land use needs, resources; clearance ability, the ability to mobilize capital to meet the progress of the project; the management experience of the owner; the ability to repay the loan; radiation safety assurance; fire solutions, fire; the factors affecting the project as defense, security, the environment and the other rules of law involved;

c) consideration of the basic design consists of:-the suitability of the design basis with detailed planning or construction of premises to be approved; the suitability of the design basis of the location, the scale of construction and the planned targets were approved for construction in the region do not yet have detailed planning approved construction;

-Conformity of work connected with the technical infrastructure of the area;

-The rational approach of technology, technological lines;

-The application of the standard rules, standards of construction, environment, fire, fire;

-Conditions of the capacity building activities of the advisory organization, capacity of practice of individual design basis according to the rules.

d) project evaluation period, calculated from the date of receipt of a valid application:-not more than 3 months for the appraisal report of environmental impact assessment;

-Not more than 6 months for evaluation of the safety analysis report;

-Not exceeding 3 months for the evaluation of feasibility study report of the Council of the authority.

4. The Prime Minister approved the feasibility study report of the project of the nuclear power plant, on the basis of: a the Board's report) the authority;


b) results evaluation of the safety analysis report;

c) results evaluation report of environmental impact assessment;

d) comments of the Council of development and application of Atomic Energy and the national nuclear safety Council national.

Article 23. Adjust the feasibility study report 1. Feasibility study report of the project of the nuclear power plants are allowed to adjust when the unforeseen factors that can cause loss of safety of the plant; the disadvantage of security, Defense; the appearance of factors of higher efficiency for the project; due to the extraordinary volatility of investment costs to build the plant.

2. When adjusting the project to alter one of the factors: location, technology, scale, project goals, surpassing the total investment has been approved, the owner must report the Prime Minister decide; project adjustment case does not alter the location, technology, scale, the goal of the project, not exceeding the total investment, the investor is to decide.

Section 2. IMPLEMENTATION of INVESTMENT PROJECTS in CONSTRUCTION of article 24. Design of construction of a nuclear power plant 1. Construction design includes the steps of: a) the basic design was stipulated in paragraph 3 Article 18 decrees;

b) design engineering is designed to be implemented on the basis of the basic design in the feasibility study report of approved construction, ensuring Express is full of specifications and materials used in accordance with the standard rules, the standards to be applied, as a base to deploy your next design step;

c) construction drawing design is design ensure expressing the specifications, materials used and structural details in accordance with the standard rules, applicable standards, ensure qualified to implement the construction works;

d) steps design according to international practices.

2. Profile design, construction estimation: a) the profile design was created for each presentation works include design, the design drawings, documentation, survey, maintenance works, the construction estimates;

b) profile construction design nuclear power plants must be stored in accordance with the law on archives.

3. Industry regulates the content design step construction of nuclear power plants; the process of due diligence, approval of the design, engineering, construction drawing design and other design steps according to international practices.

Article 25. License for construction of nuclear power plants 1. The investor of the construction of nuclear power plants are responsible for establishment licensing proposal sent the Ministry of science and technology. The records include: a) the licensing recommendation Sheet construction;

b) nuclear power plant design has been selected;

c) safety analysis report building license period defined in article 10 of this Decree;

d) report environmental impact assessment stipulated in article 20 of this Decree;

DD) results evaluation report of environmental impact assessment;

e) quality assurance procedure provided for in article 13 of this Decree;

g) plans to scrap the provisions of article 35 of this Decree;

h) plans to manage radioactive waste and spent nuclear fuel using the provisions of article 15 of this Decree.

2. The Ministry of science and technology review, licensing building nuclear power plants after the opinion of the Board of the national nuclear safety.

3. Within 15 days from when receiving files from the owner of the Ministry is responsible for checking the validity, completeness of records and have the right to request additional information and documents as prescribed and completed in the following deadlines: a) not more than 3 months for the appraisal report of environmental impact assessment;

b) not more than 15 months for evaluation of the safety analysis report and issued a building permit.

4. Adjust building permit When the adjustment needs of other works designed with content building permit has been issued, the investor must please adjust a building permit before construction works according to content adjustments.

5. Revocation of permit building permit to build a nuclear power plant could be revoked in the following cases: a) when there are serious violations in the application for the licence;

b) Investor does not begin construction after 5 years, since the time was licensed;

6. The Ministry of science and technology detailed rules and procedures, to adjust and to revoke the license to build a nuclear power plant.

Article 26. Liability of the owner in the process of construction and installation.

1. check the condition of the commencement.

2. check the fit of the capacity building contractor and installation works with tenders and contracts signed.

3. testing and monitoring the quality of supplies, materials and equipment installed by the contractor provides under the contract.

4. testing and monitoring during construction and installation including the compliance with the regulations on the control of nuclear materials, radiation safety, nuclear safety of the contractor.

5. To create condition for safety authorities and nuclear radiation safety checks in the inspection of this agency.

6. Organize, in collaboration with local governments, the relevant bodies of information, propaganda on the nuclear power project.

7. Recommendation the Committee of local people, the police, the army to coordinate security for nuclear power plants.

8. implementation of the response plan incident radiation, nuclear issues on the construction of nuclear power plants and related areas in addition to the school.

9. Perform other obligations prescribed by law.

Article 27. Conditions of the capacity of the Organization, individuals in the construction of nuclear power plants.

1. Organizations and individuals as active participants to build a nuclear power plant must have sufficient capacity conditions consistent with projects and jobs.

2. organizations and individuals participating in the following areas must be qualified on abilities: a) established the feasibility research report of construction works;

b) project management of construction works;

c) construction design;

d) survey of construction works;

DD) the construction works;

e) supervision of construction works;

g) methods of construction;

h) quality control of construction works;

I) certified eligible to ensure safety and certification of conformity of the quality of construction works.

3. The Ministry of construction, in cooperation with the Ministry of industry and trade:, science and technology building, the capacity criteria for organizing individuals involved in building nuclear power plants under item 2 of this Article.

Article 28. Quality control of the construction of the nuclear power plant 1. The investor must organize supervision of construction works, the case of the owner without a supervising organization eligible to rent capacity the organization supervising the construction (domestic or foreign) eligible capacity building activities undertaken.

2. construction contractors construction must have a quality management system to implement content management quality of construction works.

3. The contractor designed the construction supervising author.

4. Ministry of construction stipulated quality management of the construction of nuclear power plants.

Article 29. Safety checks during the construction and installation of safety authorities and nuclear radiation 1. When performing the test, safety authorities and nuclear radiation has the right to require the owner to provide the documents and report on the content.

a) capacity and the level of expertise of the Organization, the individual is responsible for execution and the Organization, individuals responsible for supervision;

b) time trials category needs checking;

c) process and schedule of construction and installation of items to check;

d) The observance of the safety rules for construction and installation.

2. Pause, suspension: a) radiation safety agency and the kernel has the right to pause, to temporarily suspend the construction and installation of items for nuclear power plants when the points do not match the design or the factors causing loss of radiation safety, nuclear safety and be responsible before the law about its decision;

b) the continuation of the construction and installation of a paused item, the suspension was only made after the owner has justification and proposed measures to ensure full compliance with the provisions of the radiation safety, nuclear safety, radiation safety authorities and nuclear evaluation through;

c) radiation safety authorities and nuclear review and reply to the owner within 5 working days after receipt of justification. The pause, suspension and allow the execution back to report immediately to the Ministry of science and technology and nuclear safety Council national.

3. Suspend construction of a) When detecting elements can lead to situations of serious incidents the Ministry of science and technology to suspend the construction and installation of the entire nuclear power plant. The Ministry of science and technology evaluation and answered the owner within 12 months after receiving the report explain the remedy;

b) after owner fix and ensure full compliance with the provisions of the radiation safety, nuclear safety, Ministry of science and technology allows construction;

c) the suspension and allow the execution must report back to the Prime Minister.

Chapter IV NUCLEAR POWER PLANTS OPERATORS article 30. Licensed to operate a nuclear power plant test 1. The owner has the responsibility to set the record Industry Review, test operation permit. The records include: a) the Newspaper suggested operating license to try;

b) safety analysis reports before test operation;

c) described the conditions, technical specifications, operating limits;

d) plan, process and fuel;

DD) technical capacity reports to ensure the safe operation of nuclear power plants;

e) quality assurance plan in operation;

g) incident response plan.

2. Ministry of industry and trade license to operate a nuclear power plant test after the opinion of the Ministry of science and technology and nuclear safety Council national.


3. safety management agency of the Ministry of industry and trade and the radiation safety agency and Ministry of nuclear science and technology to examine, supervise the operation of the nuclear power plant test.

4. Industry detailed content guide profile, sequence, procedure for granting permission to operate the try.

Article 31. Licensed to operate nuclear power plants power 1. To operate the nuclear power plant official, has held nuclear power plants are responsible for record-setting Industry Review, licensing power operation of nuclear power plants.

In addition to the current rules, application for licensing power operation of nuclear power plants include: a) the Newspaper suggested the licensing power operation;

b) safety analysis report after the test operation;

c) program operations and plans to replace the fuel island;

d) quality assurance plan in operation;

DD) incident response plan;

e operational test report);

g) validation of the environmental management agency on the implementation of the content of the report on environmental impact assessment and the requirements of the decision approving the report on environmental impact assessment.

The report specified in point b of this clause and be simultaneously submitted to the radiation and nuclear safety.

2. radiation safety authorities and nuclear responsibility: a) the evaluation report provided for in point b and paragraph 1 of this article;

b) proposals on the licensing power operation of nuclear power plants the nuclear safety Council national evaluation results.

3. Ministry of Trade licensed electricity operation nuclear power plant after the opinion of the Ministry of science, technology and the nuclear safety Council.

4. Industry detailed content guide profile, sequence, procedure of licensing power operation of nuclear power plants.

Article 32. Environmental radiation monitoring for nuclear power plant 1. The Organization has nuclear power plants must carry the following provisions: a) the construction of the station according to the regulations, the conduct of environmental radioactivity monitoring where there are nuclear power plants;

b) reported the radiation safety authorities and nuclear monitoring results periodically six months and report immediately upon detection of abnormal monitoring results.

2. provincial people's Committee, where nuclear power plants are responsible for organizing and directing construction of observation according to the regulations, conducting environmental radiation monitoring at the local.

3. The station specified in clause 1 and 2 are connected online with network monitoring and alerting national environmental radioactivity.

4. The Ministry of science and technology advice on the environmental radiation monitoring for nuclear power plants.

Article 33. Safety status report and check regularly the status of nuclear power plant safety 1. The Organization has nuclear power plants are reporting the reality of nuclear power plant safety includes annual periodic reports and recurring report ten years sent the safe administration of the Ministry of industry and trade and the radiation safety agency and Ministry of nuclear science and technology.

2. Organization of the nuclear power plants are safe status reporting irregularly at the request of the competent State bodies.

3. Report the status of safety include the following: a) for compliance with the conditions stated in the permit;

b) changes compared to application for license;

c) radiation, nuclear incidents (if any) and the remedy.

4. the radiation safety agency and established nuclear inspection Office located at nuclear power plants, making the task of regular inspections of safety status of nuclear power plants.

5. The Ministry of science and technology, in collaboration with the Ministry of industry and trade Guide for details of the report and check the safety status of nuclear power plants.

Chapter V TERMINATION of OPERATION of the NUCLEAR POWER PLANT Article 34. Active termination and dismantling of the nuclear power plant 1. The Organization has nuclear power plants are responsible for making the termination of operation and dismantling process and radiation safety agency approved nuclear late for 24 months before to stop the plant. The records include: a) plans to scrap the provisions of article 35 of this Decree;

b) safety analysis report dismantled nuclear power plants;

c) report on environmental impact assessment;

d) quality assurance program scrapped the plant;

DD) results evaluation report assessing the environmental impact of the Ministry of natural resources and the environment;

e) results of the safety assessment safety authorities and nuclear radiation.

2. the safety analysis report dismantled nuclear power plants include: a) the reason for the termination of activities;

b) plan to scrap, purge;

c) plans to handle sources of radiation, radioactive waste.

3. The Ministry of science and technology in the prescribed sequence, procedure for evaluation and approval to terminate the operation and dismantling of the nuclear power plant.

Article 35. Plans to scrap the nuclear power plant scrapping plan has the appropriate level of detail for each stage and includes the following: 1. Overall the scrapping of the nuclear power plant.

2. The basic principle of scrapping the nuclear power plant.

3. The safety requirements in the process of dismantling nuclear power plants.

4. Methods of dismantling and scrapping.

5. The method of removal of the radioactive materials and radiation removal.

6. Methods of processing and burial of radioactive waste.

7. The measures necessary to prevent the incident radiation.

8. environmental impact assessment and mitigation measures.

9. quality assurance program.

10. The cost of scrap and ensure financing for the planned scrapping of the nuclear power plant.

Article 36. The responsibility of the organization with the plant in operation termination and dismantling of the nuclear power plant 1. Updated, additional plans to scrap the nuclear power plant established in the previous stage.

2. Set the program to ensure quality in the process of breaking up.

3. Prepare safety assessment report and the report on environmental impact assessment needed for the plan scrapped.

4. Inform the radiation safety authorities and nuclear plant operation stops before permanently.

5. Management scrapped and conducted the operation scrapped.

6. Establish and comply with the rules on safety, security, protection of the environment while dismantling.

7. Ensure resources for scrapping.

8. building plans and are ready to deal the problem in the process of breaking up.

9. the last survey conducted to ensure meet the criteria about the last status provisions in the plan scrapped.

10. Ensuring adequate financial arrangements for all stages of the process of scrapping 11. Filing and retention when required by the Agency for nuclear and radiation safety.

Article 37. Checked, inspected the process of dismantling nuclear power plant 1. Radiation safety agency and the host kernel, in collaboration with the Environment Agency and related agencies examined, inspected the scrap, purge, processed nuclear fuel, nuclear devices, radioactive waste and has the right to request the Organization to have the plant halted , temporarily suspended work dismantling when the factors causing the loss, nuclear radiation safety or severe effects on the environment.

2. radiation safety authorities and nuclear allows continued dismantling after the Organization has nuclear power plants have a justification and proposed measures to ensure full compliance with the regulations on safety, nuclear radiation or environmental protection.

3. radiation safety authorities and nuclear evaluation, answer factory organization within 10 working days upon receipt of sufficient justification. The pause and allow continued dismantling must be reported immediately up the Ministry of science and technology and nuclear safety Council national.

Article 38. Recognition of nuclear power plant operation termination 1. The Organization has established nuclear power plant reported the completion of the process of dismantling the Agency for nuclear and radiation safety.

2. radiation safety authorities and nuclear test last status of the plant was dismantled and a decision recognizing the termination of the nuclear power plant operation and most responsible for ensuring safety.

Article 39. The cost to terminate the operation of the nuclear power plant 1. The Organization has nuclear power plants must bear all the cost of scrap and the cost of storing, handling radioactive waste generated from scrapping.

2. Ministry of industry and trade, in collaboration with the Ministry of Finance building, the Prime Minister approved the financial obligation of the Organization to ensure nuclear power plant for dismantling the plant and method of managing financial resources for the termination of the operation of factories.

Chapter VI DEAL with NUCLEAR POWER PLANT INCIDENT Article 40. The responsibility of State agencies in response to the nuclear power plant issue 1. The Prime Minister directed the implementation of appropriate measures to respond to the nuclear power plant issue, by mobilizing all forces to protect national assets, property and lives of the people.

2. The Ministry of science and technology, in cooperation with the Ministry of industry and trade:, health, defence, public security and the provincial people's Committee, where the nuclear power plant construction plan national incident response process of approval by the Prime Minister.

3. The National Committee for search and rescue, in cooperation with the ministries, local staff prepared, ready to join media incident response; petitioning the prime consideration, decision taking and coordinating regional cooperation activities, international about nuclear power incident response with regard to the problem of excess of jurisdiction.

4. provincial people's Committee, where the nuclear power plant plan provincial incident response.

5. The Agency was charged in the incident response plan under the direction of the National Committee for search and rescue and the people's committees of provinces involved in the preparation and implementation of the incident response plan.

6. The Ministry of science and technology in the content guidelines and approval plan provincial breakdown, level base.

Article 41. The responsibility of the Organization nuclear power plant held a nuclear power plant is responsible for: 1. Set the system response to the issue level.

2. Ensure that equipment ready to set nuclear incident response plan has been approved.


3. Provide timely information, honest about the situation.

4. Join the incident response at provincial and national level.

5. Coordinate with related agencies to assess the extent of damage and compensation prescribed remedial.

Article 42. Rehearse a nuclear incident response 1. The Organization has nuclear power plant held a drill to the nuclear incident response plan according to grassroots issues approved annual and periodic reports on the level of management agency directly.

2. Organization of the nuclear power plant is responsible for nominating employees participated in the training program of nuclear incident response by the Ministry of science and technology organization.

43 things. Funding of activities 1. The Organization has nuclear power plants guarantee funds set up, rehearse and perform incident response plan base level; radiation control activities and environmental radiation monitoring of the nuclear power plant.

2. Funding made the incident response plan to the national level and the provincial level from State budget sources.

Chapter VII ENFORCEMENT PROVISIONS Article 44. Effective enforcement of this Decree in effect enforced since 10 August 2010.

Article 45. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, individuals are responsible for the implementation of this Decree.