The Decree 7/2010/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Atomic Energy

Original Language Title: Nghị định 07/2010/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Năng lượng nguyên tử

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 The DECREE detailing and guiding the implementation of some articles of the law on Atomic Energy _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on Atomic Energy 03 June 2008;
Pursuant to the law enacting the legal text on 03 June 2008;
Considering the recommendation of the Minister of science and technology, the DECREE: article 1. Scope, application object 1. This Decree detailing and guiding the implementation of Article 65, 80, 82, 90 of the Atomic Energy Act and guide some of the content on demand management on the development and application of Atomic Energy and ensuring safety.
2. This Decree shall apply to organizations, individuals in the country, Vietnam people settled abroad, foreign individuals, institutions, international organizations conducting activities in the field of atomic energy in Vietnam.
Article 2. Measures for attracting human resources in the field of Atomic Energy 1. Highly qualified professionals who have the knowledge, qualifications, practical experience, a deep understanding of a specialization in the field of atomic energy, meet these criteria by Ministry of science and technology regulations. Highly qualified specialists work in the organs of the State Organization, enjoy preferential regimes: a) the recruitment work;
b) appointed to position of chairing the task of science, technology and management;
c) working conditions;
d) Lined with suitable wage level and practical experience;
DD) vehicles, housing;
e) scientific exchanges and international cooperation;
g) The preferential mode.
2. People working in the field of Atomic Energy paid from State budget sources enjoys preferential allowance profession with a maximum of 70% of salary according to the scales.
3. the graduate specialization in the field of atomic energy reaching the kind of good at the recruitment priority work in the State administration, training, research and applications of atomic energy. The Ministry of the Interior specifies the implementation of content.
4. The specialized courses in the field of Atomic Energy undergraduate and postgraduate by the State to pay the cost of training and scholarships to be granted if in the country and support training costs if courses abroad. The Ministry of education and training is coordinated with the Ministry of science and technology specific provisions implementing this content.
5. The Ministry of the Interior coordinated with the Ministry of science and technology, the Ministry of finance, Ministry of labor, invalids and Social Affairs build specific measures to attract human resources specified in clause 1 and clause 2 of this process by the Prime Minister to decide.
Article 3. Radiation measurement, testing and recording equipment calibration of measuring equipment, radiation devices and nuclear radiation.
1. organizations and individuals who use the device in the list of devices for measuring radiation recording devices, radiation, nuclear devices are calibrated, should conduct the audit, calibration in the following cases: a) before putting the device into use;
b) periodically;
c) after installation of the device again or fix that affects the safety features and the accuracy of the device.
2. The Ministry of science and technology set up, maintain national radiation measurement standards; specific procedures the testing, calibration and measuring recording device list of radiation, radiation equipment, nuclear devices to test, calibration.
Article 4. Monitoring and warning of radioactivity to the environment.
1. network monitoring and warning of radioactivity environmental monitoring network is specialized in radiation monitoring system resources and national environment.
2. network monitoring and warning of radioactivity environmental monitoring system in coordination with resource and environmental service reviews the current state of environmental radioactivity, irradiation doses for the general population; set the database system environment and radiation monitoring, warning any abnormal radiation happenings on the territory of Vietnam.
3. The Ministry of science and technology building and the Prime Minister approved the planning of network monitoring and alerting national environmental radiation, functions, tasks, the coordination mechanisms of the monitoring network and warns national environmental radioactivity in observation systems and national environments; responsible organizations build, manage network monitoring and alerting national environmental radioactivity after the Prime Minister for approval.
Article 5. Ensure safe working conditions for the staff of the radiation head of the Organization, the individual is granted a license to conduct radiation has the responsibility of ensuring safe working conditions for the staff of the radiation as follows: 1. Fitted with means of protection, recording devices for measuring radiation , personal design dose needed for radiation workers when conducting radiation.
2. Organization of training for staff recruitment and new radiation annually supplemented, training new knowledge about radiation safety and expertise.
3. Organize health examinations for personnel radiation when new recruit; Organization of the annual periodic health examinations for radiation worker as defined by the Ministry of health.
4. Organization of reviews of individual irradiation doses for radiation workers at least once in 3 months.
5. When the staff of the radiation being irradiated overdose limited to organizations and individuals who are licensed to conduct radiation must perform the following tasks: a) employees Transfers irradiated overdose limited to specialist medical examination, health monitor;
b) to find the cause of irradiated dose too and propounded the remedy;
c) appropriate placements for employees being irradiated overdose limited.
6. In compliance with the provisions of the laws on labor safety, labor hygiene.
The Ministry of science and technology is responsible for the detailed guide to the contents specified in paragraphs 1, 2, 3 and 4 of this Article.
Article 6. Detection of radioactive sources, nuclear materials, nuclear equipment, lost, robbed, abandoned, were transferred illegally, have yet to be declared.
1. organizations and individuals when discovered or has information about the source of the radiation, nuclear materials, nuclear equipment, lost, robbed, abandoned, were transferred illegally, have yet to be declared (hereinafter referred to as the source of the radiation, nuclear materials, nuclear equipment is out of his control) are responsible to promptly notify the discovery for people's Committee or body Police or nearest Department of science and technology.
2. the Customs authorities at the gate are equipped with technical means, implement the necessary measures to detect radioactive sources, the nuclear materials at the gate.
3. The basis of the use of iron, scrap steel to steel training must take measures or equipment to detect radioactive sources, the nuclear materials.
4. The Ministry of science and technology is responsible for coordinated with the ministries Guide and implementation measures for the detection of radioactive sources, nuclear materials, nuclear equipment is out of control.
Article 7. The responsibilities of the bodies in the process of detecting radioactive sources, processing, nuclear materials and nuclear equipment is out of control.
1. The people's Committee or the police received information on sources of radiation, nuclear materials and nuclear equipment located outside the control is responsible for timely notification to the Department of science and technology.
2. Science and technology have the responsibility to: a) receiving information on sources of radiation, nuclear materials and nuclear equipment is out of control, in coordination with the public security, the central cities and related agencies to verify the information, the Organization of the search;
b) When found radioactive sources, nuclear materials and nuclear equipment located outside the control must guide for organizations, individuals made right related measures to ensure the safety and security;
c) to notify the Bureau of radiation and nuclear safety to coordinate search, processing and reporting of provincial people's Committee, the process of detecting and handling.
3. The central cities, are responsible for: a) presiding, in cooperation with the Bureau of nuclear and radiation safety, Department of science and technology and the agencies, organizations and individuals concerned to verify information, to join the search and implementation of measures to ensure the orderly , security;
b) in coordination with the Bureau of nuclear and radiation safety, Department of science and technology and the agencies, organizations and individuals concerned with the investigation identified the owner; the Organization, the individual has to manage, the use of radioactive sources, nuclear materials and nuclear equipment to handle according to the provisions of the law.
4. The Bureau of radiation and nuclear safety is responsible for: a) receiving information on sources of radiation, nuclear materials and nuclear equipment located outside the control responsible for professional guidance and technical support to the public security Department, central cities; Department of science and technology in the verification of the information and organized searching;
b) presiding, in collaboration with agencies, organizations and individuals concerned to apply measures to handle radioactive sources, nuclear materials and nuclear equipment located outside the control was found;
c) report to the Minister of science and technology in the process of detecting and handling.
5. The Ministry of science and technology have the responsibility to: a) presiding, in cooperation with the ministries and guide implementation of search measures, handling of radioactive sources, nuclear materials and nuclear equipment located outside the control;
b) built and put into operation of radiation sources, store nuclear materials and nuclear equipment located outside the control;
c) Prime report the process of detecting and processing for serious cases.
Article 8. The funding ensures the discovery, searching, processing and storing radioactive sources, nuclear materials and nuclear equipment is out of control.
1. The State budget ensures funding for customs, the Bureau of nuclear and radiation safety, Department of science and technology, organized by the State support technical function made the discovery, searching, processing and storing radioactive sources, nuclear materials and nuclear equipment located outside the control cover : a) the cost of investment in equipment, construction of retention facility radioactive source, nuclear materials and nuclear equipment located outside the control;

b) funding used for the search, processing and storing radioactive sources, nuclear materials and nuclear equipment is out of control.
The Ministry of finance in cooperation with the Ministry of science and technology specific guidelines regarding the funding specified in this paragraph.
2. The case identified the Organization, the individual is the owner of radioactive sources, keeping, nuclear materials and nuclear equipment was seized, lost, abandoned or transferred illegally, then the Organization, that individual must repay the entire cost for searching, processing and storing of radioactive sources , nuclear materials and nuclear equipment as specified in point b of paragraph 1 of this article.
Article 9. Safety control for the transit of radioactive material and the operation of the ship, other means have the engine run by nuclear energy.
1. The transportation of radioactive material transiting the territory of Vietnam, operation of the ship, other means have the engine run by nuclear energy on the territory of Vietnam are the Ministry of science and technology after the license has been approved by the Prime Minister in writing.
Case no license, the Ministry of science and technology must be notified in writing to the Organization, the individual licensing please know.
2. organizations and individuals stipulated in paragraph 1 of this article are applying for licenses to conduct radiation work as stipulated by the Ministry of science and technology.
3. The Bureau of radiation and nuclear safety and related agencies to conduct the monitoring of the transport of radioactive material transiting the territory of Vietnam, operation of the ship, other means have the engine run by nuclear energy on the territory of Vietnam.
4. The Ministry of science and technology, the guide details the safety control for the transport of radioactive material transiting the territory of Vietnam, operation of the ship, other means have the engine run by nuclear energy on the territory of Vietnam.
Article 10. Coordination mechanisms between customs agencies with the agencies involved in the control of imports, exports of radioactive materials and nuclear device at the gate.
1. the Customs authorities at the gate has the responsibility: a) priority clearance procedures for radioactive materials and nuclear equipment meet all the conditions of packing, shipping, import licenses, export of radioactive materials and nuclear equipment and updated information for the database of radioactive materials and nuclear equipment under the provisions of the Science and technology;
b) in the case of radioactive materials and nuclear equipment does not meet the eligibility as defined in art. 1 of this article to set the minutes; capturing; apply safety measures, according to the security rules at the same time notify the Ministry of science and technology through the Bureau of radiation and nuclear safety to co-ordinate processing;
c) In the event of a radiation incident, the nuclear issue due to radioactive materials and nuclear equipment at the gate, must implement corrective measures have been planned according to the regulations of the Ministry of science and technology at the same time notify the provincial people's Committee in radiation safety and the Bureau and to coordinate nuclear processing;
d) annual periodic reports on the State of import, export of radioactive materials and nuclear equipment to the Ministry of science and technology to the synthesis report of the Prime Minister.
2. The Bureau of radiation and nuclear safety is responsible for: a) guidance and technical support for the customs at the gate in controlling the import, export of radioactive materials and nuclear equipment;
b) presiding, in collaboration with the Department of science and technology and related agencies take measures promptly to process according to the rules of receiving notice under the points b and c of paragraph 1 of this article.
3. Science and technology have the responsibility to help the provincial people's Committee: a) in collaboration with the customs authority at the gate check processing, radiation safety, nuclear safety in case of radioactive materials and nuclear equipment does not meet the conditions specified in point b of the adopted paragraph 1 of this Article;
b) in coordination with the Bureau of radiation and nuclear safety in the handling of the incident radiation, nuclear issue due to radioactive materials and nuclear device at the gate.
4. other agencies at the gate, according to functions and duties, are responsible for supporting, in cooperation with the Customs gate in cases stipulated in points b and c of paragraph 1 of this article.
Article 11. Determine the extent of the problem and the announcement on the mass media 1. The level of incidents to report on mass media when the problem is identified as follows: a) the problem of the level 1 event is work rules are violated, the device malfunctions can cause loss of safety protection systems, but the principle of multi-layer protection still guaranteed;
b) level 2 incident is the event safety regulations are violated, the protection device is damaged but the protection system is still guaranteed; the staff of the radiation dose exceeds the irradiated occupational limit not to exceed ten times; capacity dosage irradiation in work areas greater than 50 milisivơ per hour (mSv/h) or of radioactive contamination to the extent needed to take corrective action in those areas which by design there is no possibility of contamination in normal conditions;
c) level 3 issues is the problem of damaged protection system leading to the leak of radioactive material to cause contamination in the region which by design there is no possibility of contamination in normal conditions, causing radiation for people but has not exceeded the dose limit to the public; have employees been irradiated radiation in excess of ten times the dose limit dose irradiation power or careers in the area of work in excess of 1 sivơ per hour (Sv/h);
d) level 4 incidents are accidents when fuel rods in nuclear reactors being damaged, melting do escape on 0.1% of the total amount of radioactive substances; as for the other nuclear facility accidents do a large amount of radioactive material escaped from the facility, the radiation radiation-infected employees at risk of death; cause of irradiation for people but has not exceeded the dose limit to the public;
DD) 5 incident was an accident due to the operation of nuclear reactors are damaged; as for the other nuclear facility accidents do a large amount of radioactive material escaped from the facility, has infected radiation radiation worker fatality; to cause harmful effects for human health and the environment outside the facility, the need to apply some measures deal, in addition to the range of issues;
e) 6 incident is serious accidents for nuclear reactors, do a radioactive equivalent of thousands to tens of thousands of Tera becơren (TBq) of I-131 exit environment; for other nuclear facilities is serious accidents do escape a large amount of radioactive material into the environment, people do have to apply all measures to respond in the incident response plan;
g) level 7 incident is nuclear disaster due to the explosion of the nuclear reactor and do huge amounts of escape of radioactive material into the environment scale, must apply incident response plan nationally.
2. When the incident occurred, the Ministry of science and technology have the responsibility to host, in cooperation with the ministries, ministerial agencies concerned determine the extent of the problem and informed about the incident on the mass media: a) radiation situation at the site of the incident, incidents and happenings predicted the effects of it to the community and the environment;
b) the actions and measures for the protection of public health.
Article 12. Fees and charges 1. The fees in the atomic energy sector include: a) Free safety security, to work permit radiation;
b) Cost evaluation of conditions for granting registration services in support of the application of Atomic Energy;
c) evaluation Fee conditions for practising certificate services in support of the application of Atomic Energy;
d) Fees to use the service in the field of atomic energy.
2. The types of fees in the atomic energy sector include: a) licensing fees for conducting radiation work;
b) license fee registration services in support of the application of Atomic Energy;
c) practice certificate fee services in support of the application of Atomic Energy;
d) fees for certificate of radiation workers.
3. The Ministry of finance in cooperation with the Ministry of science and technology specific rules about the level of currency, currency, payment, management and use of the fees and charges specified in paragraphs 1 and 2 of this Article.
Article 13. Occupational insurance, civil liability insurance and liability insurance for environmental damages.
1. the occupational insurance, civil liability insurance and liability insurance for environmental damage compensation specified in the paragraph 1 Article 90 of the Atomic Energy law is compulsory insurance.
2. organizations and individuals who are licensed to conduct the following radiation work must be responsible to buy insurance liability in damages on the environment: a) operating nuclear research reactors and nuclear power plants;
b) production, processing of radioactive material;
c) extraction, processing radioactive ores;
d) radioactive waste, radioactive sources and used nuclear fuel used.
3. The insurer is compulsory insurance business not be refused insurance types defined in clause 1 and 2 of this Article.
4. The Ministry of Finance issued the rules, terms, insurance premiums, minimum insurance amount for each type of coverage specified in clause 1 and 2 of this Article. The premium is specified based on the possibility of damaging radiation work.
Article 14. Transitional provisions 1. The licenses have been the State administration authorities for the basis of radiation, radiation workers before this Decree takes effect shall continue to have value to the validity period of the license.
2. Application for license of the basis of radiation and radiation workers have filed for State administration authorities which have yet to be resolved before Decree to this effect, they must be updated and supplemented by the provisions of the Atomic Energy law.
Article 15. Effective enforcement of this Decree in effect enforced since March 2010.
Article 16. Responsibility 1. The Minister of science and technology is responsible for implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and organizations, individuals responsible for the implementation of this Decree.

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