The Decree 111/2009/nd-Cp: Provisions On Sanctioning Administrative Violations In The Field Of Nuclear Energy

Original Language Title: Nghị định 111/2009/NĐ-CP: Quy định về xử phạt vi phạm hành chính trong lĩnh vực năng lượng nguyên tử

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2959561/ngh-nh-111-2009-n-cp%253a-quy-nh-v-x-pht-vi-phm-hnh-chnh-trong-lnh-vc-nng-lng-nguyn-t.html

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The DECREE regulating the sanctioning administrative violations in the field of 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;
Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Considering the recommendation of the Minister of science and technology, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, the form and the level of punishment, remedial measures, jurisdiction and procedure for sanctioning of administrative violations in the field of atomic energy.
2. administrative violations in the field of atomic energy is due to the behaviour of individuals, agencies and organizations (hereafter referred to as individuals, organizations) intentionally or unintentionally violate the provisions of the law on nuclear energy which is not a crime and under the provisions of the law are sanctioned administrative offense.
3. other administrative violations in the field of atomic energy is not specified in this Decree shall apply to the provisions in the Decree of the Government on sanctioning administrative violations in the field of governance related to sanctions.
Article 2. Personal objects, Vietnam, personal organization, foreign institutions have administrative violations in the field of Atomic Energy on the territory of Vietnam, the sanctioned administrative offense under the provisions of this Decree.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. radioactive contamination is the existence of radioactive substances inside or on the surface of the object or in other places in addition to can be harmful.
2. radiation Removal is the process of removing or reducing the radioactive contamination in the object down to the level allowed by the process of physics, chemistry or biology.
3. Measurement of radiation is the means, instruments for measuring radiation doses, radioactive activity, identify radioactive isotopes.
4. The calibration is the malfunction of equipment calibration of radiation, radiation measurement devices with measurement standard or the standard radiation source to ensure the accuracy of the device.
5. The control is determined in which areas the need to apply measures for radiation protection, the safety regulation to control the level of radiation or of preventing the spread of radioactive contamination in normal working conditions, and to prevent or limit the proliferation risk of irradiation.
6. the Department is monitoring the area defined, but are not considered the region control, no need to apply radiation protection measures and special safety regulations but should be monitored on the irradiation conditions to the profession.
Article 4. Sanctions administrative violations and remedial measures 1. For each administrative violations in the field of atomic energy, the individual, the organization suffered a breach in the sanctions: a) caution;
b) fine.
The levels of maximum fines for administrative violations in the field of atomic energy is 100,000,000 VND.
2. In addition to fines, depending on the nature and extent of the violation, individual, organization, administrative violations in the field of atomic energy were applied one or the additional sanctions: a) deprived of the right to use the license, certificate of practice in the field of Atomic Energy has a time limit to 6 months;
b) confiscated exhibits, the means used to administrative violations.
3. In addition to the sanctions provided for in paragraph 1, item 2 of this Article, personal, organizational administrative violations are also being applied one or more of the following remedial measures: a) enforce security measures radiation, nuclear safety;
b) forced the test radiation work areas, the environment around the area of work of radiation workers, enforce regulations on environmental radiation monitoring;
c) Forced purge the infected radiation radiation to reach the national technical regulation on the environment;
d) forced the radiological facility relocation, location radiation device to another location; forcing renovated, design, reconstruction of the room put the prescribed radiation equipment;
DD) Forced withdrawal, destruction, burial goods, items containing radioactive substances as defined by the law;
e) forced the renovated building structure, shielding according to the standard rules to assure the respect of the surrounding environment;
g) Forcing re-export exhibits violation has imported;
h) Forced recall exhibits gone, scattered, tracing the sources of radiation to restore original state;
I) enforce security measures for radioactive sources, nuclear materials, nuclear equipment under the rules.
temporary suspension k) the use of radioactive sources, radiation equipment until the done declarations, licensing, accreditation, measurement recording equipment calibration of radiation, radiation equipment, nuclear devices; done the repair, upgrading of equipment, radiation standard rooms disposition regulations to conduct radiation, make security measures radiation, radioactive source security as specified.
In addition, individual, organization, administrative violations are also being applied to the other remedial measures specified in chapter II of this Decree.
4. Costs for remedial work by the individual, the organisation of administrative violation causes are defined as follows: a) individual, held in violation must bear all costs for remedial work because of his violations that cause;
b) individual cases, held intentionally not taken remedial measures being applied coercive measures and must bear all costs for the application of coercive measures.
c) individual cases of administrative violations, the Organization could not perform remedial measures due to violations caused or fled, the authorities used the funds from the State budget to implement remedial measures. Individuals, organized administrative violations must reimburse the Agency for funding has taken remedial measures.
Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTION section 1 ADMINISTRATIVE VIOLATIONS of the DECLARATION, article 5 LICENSE. Violations of the regulations on the Declaration of radioactive material, radioactive waste; used radioactive sources; radiation equipment, nuclear material, nuclear material, nuclear devices; nuclear fuel spent 1. A fine fellow to fellow 7,000,000 3,000,000 words for one of the following behaviors: a) Not declare to the competent State agencies within 7 days from the day of radioactive material, radiation equipment under the provisions of article 72 of the Atomic Energy law;
b) undeclared radioactive waste because of the conduct of the work of the radiation was born;
c) incomplete reporting of radioactive source information as specified in paragraph 3 Article 22 Atomic Energy law;
d) Not declare additional information has changed compared to the application for a license to conduct radiation work on personal name, the organisation was licensing, safety officer, base address, radiation equipment status within 10 days from the time of a change;
DD) undeclared radioactive sources used with radiation safety, nuclear within one month from the date of non-use of radioactive sources.
2.8,000,000 fine copper to 15,000,000 Board for one of the following behaviors: a) undeclared nuclear source materials, nuclear materials, nuclear equipment, nuclear fuel used with the competent State agencies under the provisions of article 72 of the Atomic Energy law;
b) undeclared radioactive waste due to the operation of nuclear facilities was born;
c) incomplete information Declaration of nuclear materials, nuclear equipment as specified in paragraph 3 Article 22 Atomic Energy law;
3. the remedial measures: temporary suspension of the operation of radiation sources, radiation equipment, nuclear devices until the source of the radiation, the radiation equipment, equipment for licensed nuclear activities for violations in this article.
Article 6. Violations of the regulations on licenses 1. Fine copper copper 15,000,000 to 8,000,000 with respect to one of the following acts without the license: a) the use of radioactive material, radiation equipment, unless the equipment specified in point a of paragraph 3 of this article;
b) build, change the scale, the scope of activities of the radiation facility;
c retention of radioactive sources);
d) export, import, export and temporary import, re-enter the re-export of radioactive material;
DD) activities generate radioactive waste, except the activities specified in paragraphs 2, 3, 4, 5.
2. A fine of from copper to copper 35,000,000 20,000,000 for one of the following acts without the license: a radioactive source, shipping) radioactive waste;
b) handled, stored, buried radioactive waste, radioactive sources used;
c) build, change the scale, the scope of operation of the nuclear facility;
d) export, import, export and temporary import, re-enter the re-export of nuclear source material, nuclear material, nuclear devices;
DD) using nuclear materials in addition to the nuclear fuel cycle.
3. Fine fellow to 25,000,000 40,000,000 Council for one of the following acts without the license: a) use accelerators, industrial irradiation devices, devices for remote radiation therapy, gamma knife surgery equipment, equipment for industrial radiographic equipment system, gamma field, gamma cell;
b) transport of radioactive material, radioactive waste in transit the territory of Vietnam;
c) production, processing of radioactive material;
d) exploration, extraction, processing radioactive ore.
4. A fine of from 50,000,000 to 70,000,000 copper contract for one of the following acts without the license: a) enriched uranium, nuclear fuel fabrication;
b) try, operate nuclear reactors;
c) transport of nuclear material, nuclear material, nuclear fuel, nuclear fuel used;
d) processed, stored, buried nuclear fuel used.
5. Fine fellow to 70,000,000 100,000,000 contract for one of the following acts without the license:

a) carriage of nuclear material, nuclear material, nuclear fuel, nuclear fuel used to transit the territory of Vietnam;
b) operate the vessel, motor vehicles powered by nuclear energy.
6. remedial measures: temporary suspension of the operation of radiation sources, radiation equipment until the licensee conducting radiation work for violations at the point a paragraph 1, point a of paragraph 3 of this article.
Article 7. Use the license to conduct radiation work too time limits 1. Fine copper copper 7,000,000 to 3,000,000 for the use license to conduct radiation out of the shelf but not more than 30 days from the date the license expires.
2. Unauthorized use of expired licenses from over 30 days then sanctioned under the provisions of article 6 of this Decree.
3. the remedial measures: temporary suspension of the operation of radiation sources, radiation equipment to renew the license, the licensed work for radiation violations in this article.
Article 8. Violations of the conditions specified in the licence 1. Fine copper copper 7,000,000 to 3,000,000 for violations of one of the conditions specified in the license for conducting radiation work, unless otherwise specified in point c of paragraph 2 of article 10 of this Decree.
2.8,000,000 fine copper to copper 15,000,000 for the unauthorized use of radioactive sources, radiation equipment on other jobs with the job is specified in the license for conducting radiation work.
3. A fine of 30,000,000 50,000,000 for copper to copper acts done incorrectly the content specified in the work permit by the competent State agencies for nuclear facilities.
4. additional sanctions: deprived of the right to use the license to 6 months for violations of the provisions in paragraph 2, paragraph 3 of this article.
Section 2 of the ADMINISTRATIVE VIOLATIONS OF RADIATION SAFETY, NUCLEAR SAFETY article 9. Violations of regulations on the transport of radioactive material 1. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: send a) party not to pack radioactive materials in the event of radioactive goods according to national technical regulation or standard according to international standards, has been admitted;
b) do not report the requirements on safety, security, do not provide the documentation related to shipping for shipping party according to the provisions;
c) does not keep records of shipments.
2. A fine of 3,000,000 Dong to 7,000,000 contract for one of the following behaviors: a transport party) refused to transport radioactive materials have been packed safely when State authorities requisitioning authority;
b) do not plan to deal the issue level prescribed in item 2 Article 62 the Atomic Energy law;
c) No building plans, don't make plans to ensure the safety and security under the provisions of paragraph 1 to article 62 of the Atomic Energy law;
d) No rehearsal incident response in shipping when conducting transport of radioactive material, radioactive waste containing dangerous levels from on average, nuclear materials under the regulations;
DD) used improper means of transport prescribed for radiation safety;
e) Not layout the employees responsible for the radiation safety during transportation;
g) package shipping, shipment of radioactive substances in excess of prescribed transport indicators;
h) transport of radioactive material in terms of radiation dose in the cockpit and spot people sitting beyond the rules of radiation safety;
I) does not report the radiation safety agency, kernel within 24 hours when the radioactive package has no recipients.
3. A fine from 5,000,000 to 8,000,000 copper contract for one of the following behaviors: a) on the receipt of the notice to the airline, not reported to the Agency for radiation safety, nuclear within 24 hours when discovered radioactive package received is not correct with the contract of carriage types the number; When we found signs of radiation damaged, broken, leaking radioactivity;
b) retention side of the package in transit inventory does not report right to radiation safety agency, kernel within 24 hours when discovered the package with signs are damaged, broken, leaking radioactivity, the package has no recipients.
4. A fine of from 50,000,000 to 70,000,000 copper contract for one of the following behaviors: a) Send radioactive waste, nuclear materials by post;
b) To scattered radioactive material during transport.
5. remedial measures: Forced baptism, search, recover the radioactive material is lost, scattered, leakage; to compensate the damage caused for violations in this article.
Article 10. Violations of the regulations on the production, import of consumer goods containing radioactive substances or radiation, radiation equipment import, source of radiation, radioactive waste 1. Fine copper copper 15,000,000 to 8,000,000 for the behavior of consumer goods imports have been irradiated or contained radioactive substances are allowed but not stating this information on the label of the goods according to the regulation.
2. A fine of from copper to copper 35,000,000 20,000,000 for one of the following behaviors: a) consumer goods imports were irradiated which is not in the list of goods to be imported; excessive irradiation was prescribed; contains excessive regulation of radioactive material;
b) production, trade of consumer goods have a higher level of activity stipulated in the national technical regulation;
c) import of radioactive materials, radiation devices nuclear devices, not correct technical parameters, incorrect amount, characteristics, origin recorded in the license;
d) imported radiation equipment, radioactive source not belonging to the category of goods imported.
3. Fine fellow to 100,000,000 đồng 70,000,000 for the behavior of importing radioactive waste.
4. additional sanctions, remedial measures: a) forced the withdrawal of goods labeled in violation, to remedy violations of trademark before continuing to take goods out of circulation for violations in paragraph 1 of this article;
b) destruction or forced to suspend the circulation of goods in the time given for violation of at point b paragraph 2 of this Article. The case cannot be destroyed or forced to measure individual, held no infringement made the destruction of the seized for destruction under the provisions;
c) Forced back against violations of point a, c, d paragraph 2, paragraph 3 of this article.
Article 11. Violations of established, kept, transferring the safety record of nuclear, radiation 1. Fine copper copper 7,000,000 to 3,000,000 for misconduct, not kept in one of the following records: a) records of the source of radiation, nuclear material, equipment for radiation, nuclear devices, the change, repair, upgrade equipment for radiation, nuclear devices;
b) radiation measurement, inspection records and records maintenance, inspection, calibration of the measuring devices, radiation, radiation devices nuclear devices;
c) operating logs, use radiation equipment, radioactive sources, the profile of the issue in the process of conducting radiation work;
d) training records, health records and records of irradiation dose radiation workers;
DD) conclude the inspection, test and document on the implementation of the requirements of the competent authority;
e) application for a license to conduct radiation work according to the provisions of article 76 of the Atomic Energy law;
g) records processed, stored, buried radioactive waste;
h) safety assessment report for radiation work prescribed in clause 2 article 19 Atomic Energy law;
I) safety analysis report for the basis of radiation when applied construction license, change the scale and scope of operations, termination of activities according to the provisions of article 35 of the Atomic Energy law;
2. A fine of 5,000,000 to 8,000,000 copper copper from for one of the following behaviors: a) not transfer the records specified at points a, b, c, d, e, g, paragraph 1 of this article for radiation safety agency, before the termination of nuclear activities;
b) Not to transfer the profile specified in point a and point b of paragraph 1 of this Article for the individual, the Organization, using the new, when the radioactive source, nuclear materials, equipment, devices, nuclear radiation is delivered to the individual, the Organization;
c) not transfer the profile specified in point c and point VND account 1 this Agency for radiation and nuclear safety; When the radioactive source, nuclear materials, equipment, devices, nuclear radiation was delivered to the individual, organization, use new;
d) not transfer the profile specified in point d of paragraph 1 of this article for the individual, the organization receiving radiation worker, when the staff moved radiation work for radiation facility;
DD) does not process incomplete, not time the records specified in paragraph 1 of this article to State administration authorities when requested.
3. the remedial measures: a) the Forced transfer of records specified at points a, b, c, d, e, g, paragraph 1 of this article for radiation safety agency for nuclear violations in art. 2 of this Thing.
b) forced the transfer of records specified in point a and point b of paragraph 1 of this Article for the individual, organization, use of new violations at the point b paragraph 2 of this Article;
c) forced the transfer of records specified in point c and point VND account 1 this Agency for radiation and nuclear safety for violations in point c of paragraph 2 of this Article;
d) forced the transfer of records specified in point d of paragraph 1 of this article for the individual, the organization receiving radiation workers for violations at the point d item 2 of this Article.
Article 12. Violations of the regulations on radiation worker certification 1. A fine from 10,000,000 to copper copper 6,000,000 for the layout behavior without the radiative staff certificate ensuring one of the following: a) safety;
b) in charge of the purge;
c) operate the Collider;
d) irradiation equipment operation;
DD) production of radioisotopes;
e) radiographic industry.
2. A fine of from copper to copper 20,000,000 12,000,000 for the layout behavior without the radiative staff certificate ensuring one of the following: a) Chief Engineer of nuclear reactors;
b) Chief ca operating nuclear reactors;
c) in charge of the response to the incident radiation, nuclear incident;

d) nuclear fuel management;
DD) nuclear reactor operation.
Article 13. Violations of the regulations on control of irradiated dose of radiation caused by the 1. Fine copper copper 15,000,000 to 8,000,000 with respect to one of the following behaviors: a) To the public for the irradiation dose, for employees to radiation in excess of the dose limits; not done, not done adequate regulations, guidance on control and radiation safety assurance in the occupational irradiation irradiation and the public;
b) Not sure irradiation doses for patients in the diagnosis and treatment according to the level of instruction for medical irradiation.
2. remedial measures: Forcing irradiated dose of reassurance for the public, for the staff of the radiation does not exceed the dose limits; ensure irradiation doses for patients according to the level of instruction for medical irradiation for violations in this article.
Article 14. The other acts violating regulations on radiation safety, nuclear safety 1. Caution or a fine of from 1,000,000 to 3,000,000 đồng VND for one of the following behaviors when the management, using radioactive sources, radiation equipment: a) no safety and security, radiation warning attached at the specified place;
b) no radiation safety rules for the basis of radiation, radiation safety rules not be attached in place of regulations; not done, not done a sufficient content of radiation safety rules.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following acts of nuclear facilities: a) no safety and security, radiation warning attached at the specified place;
b) no rules about nuclear, radiation safety, radiation safety rules, not tied in nuclear regulation; not done, not done a sufficient content of radiation safety regulations, nuclear.
3. A fine from 5,000,000 to 8,000,000 copper contract for one of the following behaviors: a) Not arranged the person in charge of safety according to the rules; not specified the responsibilities and powers of the person in charge of safety in writing;
b) Not held knowledge training, radiation safety for nuclear radiation worker as defined;
c) does not build, organizations make incident response plan the radiation level under the content specified in paragraph 2 to article 83 of the Atomic Energy law;
d) no operating process, use, store, preserve, repair equipment for radiation, radioactive sources; processes not tied in place regulations.
4. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: a) Organization of periodic health examinations for radiation worker as defined;
b) were designed for personal dose of radiation workers;
c) Does the Organization reviews the personal dose of radiation workers at least once in 3 months;
d) are not equipped with proper labor protection for the staff of the radiation;
DD) are not equipped with the equipment, the appropriate instrument for radiation workers when working with radioactive substances;
e) are not equipped with proper shielding, for each type of work in nuclear engineering applications;
g) does not have the air of caution radiation for the basis of reactors, accelerators, radiation sterilization equipment, equipment for handling irradiated materials, equipment for industrial radiographic; Remote radiation therapy facility, mining facilities and radioactive ores processing;
h) use the rooms have substandard size regulations to conduct radiation;
I) does not set the control areas, the monitoring area, limit the people according to the regulations.
5. Fine fellow to 8,000,000 15,000,000 VND for one of the following behaviors: a) do not report or not report the full content as specified in paragraph 2 to article 20 of the Atomic Energy Act on the safety status of radiation work conducted annually with the State Agency for radiation safety the kernel;
b) periodic radiation control Not work of radiation workers, the environment around the prescribed radiation facility;
c) non-recurring inspection, measurement recording device calibration of radiation, radiation devices, prescribed nuclear devices;
d) periodic calibration No radiation source in health as specified;
DD) use radiation equipment calibration, not yet be allowed to use the back of the competent agency after having carried repairs;
e) using radioactive sources, radiation equipment does not meet the criteria for diagnosis and treatment of medical examination and treatment.
6. Fine fellow to 20,000,000 12,000,000 contract for behavior safe status report to conduct annual radiation work with State administration of safety of nuclear radiation, nuclear facilities.
7. remedial measures: a) forced the plan to prevent and resolve radiation violations in point c of paragraph 3 of this article;
b) Forcing the layout process operates, using, storing, preserving, radiation equipment repair, radioactive source in the place prescribed for violation of at point d of this paragraph 3;
c) forced the armed individual design dose, dose assessment for individual violations at point b, point c, paragraph 4 of this Article;
d) temporarily suspend operation of radiation sources, radiation equipment until the layout is standard room regulations to conduct radiation for violations at the point h paragraph 4 of this Article;
DD) forced the set control areas, limiting the area back under regulations for violations in point i of this clause 4;
e) Forced to report on status of safety work for radiation radiation safety agency, according to the nuclear regulation for violations in art. 5, item 6 of this Article;
g) Forcing periodic radiation control work area of radiation workers, check out the radiation environment around the facility for radiation violations at point b paragraph 5 of this Article;
h) temporarily suspend operation of recording devices for measuring radiation, radiation equipment, nuclear equipment until the equipment is calibrated, which calibration for violations at the point c paragraph 5 of this Article;
I) temporarily suspend operation of radiation sources until the calibration source for violations at the point d 5 this account;
k) temporary suspension of the operation of radiation equipment until the equipment is calibrated for violations at the DD account 5 this;
l) temporarily suspend operation of radiation sources, radiation equipment until the source of the radiation, the radiation equipment was repaired, upgraded standard for violations at the point e account 5.
Article 15. Violations of the regulations to resolve the issue of radiation, nuclear incidents 1. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: a) When detecting radiation incidents not reported to superior Agency, the people's Committee, the organs of public security where a malfunction or radiation safety agency, kernel within 24 hours of the location of the crash and related information;
b) do not provide the information, documents, do not create the conditions necessary to support the remedy and investigate the cause of the crash of the radiation;
c) Executive Non-Executive, not full, timely emergency mobilization order of the managing departments, of superior organization directly about manpower, materials, means to overcome the problem of radiation;
d) hinders or do not perform proper guidance when competent authorities proceed to troubleshooting the radiation;
DD) No investigation prescribed radiation incidents.
2. A fine of from copper to copper 20,000,000 12,000,000 for acts to incident radiation;
3. Fine fellow to 20,000,000 35,000,000 Council for one of the following behaviors: a) When detecting a nuclear incident not timely reporting to the Committee, the police department where the incident occurred or radiation safety agency, kernel within 24 hours of the location of the crash and related information;
b) do not provide the information, documents, do not create the conditions necessary to support the remedy and investigate the cause of the crash;
c) Executive Non-Executive, not full, timely emergency mobilization orders of superior organization, managing their ministries of manpower, materials, means to troubleshoot kernel;
d) hinders or do not perform proper guidance when authorities proceed to troubleshoot the kernel;
DD) does not conduct investigations of nuclear incident as defined.
4. A fine of up to 50,000,000 copper copper 35,000,000 for the behavior to the nuclear incident occurred.
5. remedial measures: Forcing remedial, restoring the original state for violations in item 2, paragraph 4 of this Article.
Article 16. Violations of regulations on storing, handling, buried radioactive waste, radioactive sources and used nuclear fuel used.
1. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: a) approach build No sorting, handling radioactive waste;
b) does not implement the measures aimed at minimizing radioactive waste right at the source;
c) No radioactive waste separated out the waste often when collecting and handling;
d) classify radioactive waste treatment, according to project construction.
2.8,000,000 fine copper to 15,000,000 Board for one of the following behaviors: a) sorting, handling of radioactive waste, radioactive sources have over the improper use of the national technical regulation or standard, the international standards already admit;
b) buried radioactive waste status report do not buried, not mapping buried sent radiation safety agency, nuclear.
3. A fine of 15,000,000 VND to 25,000,000 Council for one of the following behaviors: a) nuclear fuel without process, keeping the nuclear fuel used in conditions that guarantee safety, security;
b) nuclear fuel processor was through improper use of the national technical regulation or standard, the international standards already admit.
4. A fine of from 50,000,000 to 70,000,000 copper contract for one of the following behaviors: a) building warehouses storing radioactive waste burial places, national radioactive waste that cannot be competent State agencies;

b) select locations to build radioactive waste store country, choose the location of burial of radioactive waste do not follow national technical regulation or standard, the international standards already admit.
5. With regard to acts of burying radioactive waste on the environment is not right place specified or not specified correctly cause adverse consequences for the environment sanctioned under the provisions of the law on environmental protection.
6. remedial measures: a) forced the plans of classification, retention, disposal of radioactive waste, nuclear fuel used for violations at the point a paragraph 1, point a of paragraph 3 of this article;
b) enforce measures aimed at minimizing radioactive waste right at the source, the radioactive waste separated out the waste often when collectors, processors for violations at point b, point c of paragraph 1 of this article;
c) forcing the sorting, handling radioactive waste according to the options that were built for violations at the point d paragraph 1 of this Article;
d) forcing the sorting, handling of radioactive waste, radioactive sources, used nuclear fuel used by national technical regulation or standard, the international standards have been admitted with respect to violations in art. 2, point b of paragraph 3 of this article;
DD) Forced burial status report, mapping buried radioactive waste sent for radiation safety agency for nuclear violations in point b of paragraph 2 of this Article.
e) forced the suspension of construction, to temporarily stop using the radioactive waste store, pause for the burial of radioactive waste until the competent State Agency approved the design store radioactive waste, approving the location of burial of radioactive waste for violations in art. 4 of this Article;
g) Forced relocation location building warehouses storing radioactive waste, the national selection buried radioactive waste according to national technical regulation or standard, the international standards have been admitted for violations at the point b paragraph 4 of this Article.
Article 17. Violations of the regulations on liquidation of the radioactive contaminated 1. A fine fellow to fellow 20,000,000 12,000,000 from for one of the following behaviors: a) does not make the retention measures, physical handling of radioactive contamination as defined;
b) liquidation of the radioactive contamination of radioactive contamination level higher than regulation;
2. remedial measures: a) the Forced retention of, handle contaminated radioactive material according to the regulations for violations in art. 1 of this article;
b) Forced withdrawal, focused dirt contaminated radioactive material to store, handle for violation of at point b paragraph 1 of this article.
Article 18. Violations of the regulations on scrap, purge radiation radiation facility, the nuclear base when active termination 1. Fine copper copper 15,000,000 to 8,000,000 with respect to one of the following acts when ending the operation of radiation facility: a) the termination of the activity which does not yet have decided to recognize the basis of radiation was most responsible for the radiation safety of the competent authority;
b) Not the radiation safety agency, approved nuclear plans to scrap, purge, handle sources of radiation, radioactive waste;
c) removed the basis of radiation, radiation processing, removal of radioactive sources, the radioactive waste is not true to the plan has been approved by the competent authority;
d) scrap, purge incorrect radiation national technical regulation or standard, the international standards already admit.
2. A fine of 15,000,000 VND to 25,000,000 Council for one of the following acts when ending the operation of nuclear facilities: a) the termination of the activity which is not yet a decision recognizing the nuclear facility has the responsibility of ensuring the safety of nuclear radiation, of the competent authority;
b) Not the radiation safety agency, approved nuclear plans to scrap, purge, processed nuclear fuel, nuclear devices, radioactive waste;
c) scrap, purge, processed nuclear fuel, nuclear devices, radioactive waste is not true to the plan has been approved by the competent authority;
d) scrap, purge, processed nuclear fuel, nuclear devices, radioactive waste is not properly a national technical regulation or standard, the international standards already admit.
3. the remedial measures: a) Forced the radiological safety agency, plan to scrap nuclear, radiation processing, removal of sources of radiation, nuclear fuel processing, nuclear devices, radioactive waste; enforce plans scrapped for violation of at point b, c paragraph 1, point b, c paragraph 2 of this Article;
b) Compels the eraser removed, processed sources of radiation, nuclear fuel processing, nuclear devices, radioactive waste according to national technical regulation or standard, the international standards have been admitted for violations at the point d paragraph 1, point d, item 2 of this Article.
Article 19. Violations of the regulations on occupational insurance, civil liability insurance, insurance of liability for environmental damage compensation 1. A fine from 5,000,000 to 8,000,000 copper copper for individuals, organizations conduct radiation without buying insurance for personnel radiation, not buying insurance civil liability, except for item 2, paragraph 3 of this article.
2. A fine from 10,000,000 20,000,000 for copper to copper acts do not buy insurance for employees of radiation, not buying insurance civil liability when doing one of the following: a) irradiated equipment operation including accelerators, radiation therapy equipment, sterilization irradiation equipment , material handling equipment, radiographic equipment industry;
b) production, processing of radioactive material;
c) exploration, extraction, processing radioactive ores;
d) using nuclear materials in addition to the nuclear fuel cycle;
DD) transport of nuclear materials outside nuclear facility.
3. A fine fellow to fellow 30,000,000 20,000,000 words for acts not to buy insurance for workers to radiation, not buying insurance civil liability when doing one of the following: a) operate nuclear reactors, nuclear power plant operators;
b) enrichment, nuclear fuel fabrication;
c) processed, stored, buried radioactive waste, radioactive sources, used nuclear fuel spent 4. A fine of 30,000,000 50,000,000 for copper to copper acts do not buy insurance liability in damages on the environment when conducting radiation work have the potential risk of damage to the environment.
5. remedial measures: Forced to buy insurance, civil liability insurance, insurance of liability in damages for environmental violations in this article.
Article 20. Violations of the regulations on the safety assessment and restoration of the environment with respect to the basis of exploration, extraction, processing radioactive ore.
1. A fine from 10,000,000 to copper copper 6,000,000 for acts not to report the results of measures to minimize adverse impact on environmental components, do not report the results of mapping the area of mining, ore processing has finished the operation, did not report the results of environmental restoration after the end of each stage or finishing the entire function activities of exploration, extraction, processing for radiation safety agency, nuclear.
2. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors when conducting the exploration, extraction, processing radioactive ore: a) do not report reviews the safety radiation safety agency, nuclear; the safety assessment report is incomplete according to the provisions of article 58 of the Atomic Energy law;
b) not implemented measures to minimize adverse impact on regulatory environment components;
c) does not map the areas of mining, ore processing has finished the prescribed activity.
3. Fine fellow to fellow 70,000,000 50,000,000 for acts not implemented environmental restoration after the end of each stage or end all activities of exploration, extraction, processing according to the regulations.
4. remedial measures: a) Forced to report the results of measures to minimize adverse impact on environmental components, the outcome mapping the area of mining, ore processing has finished work, the results of environmental recovery for the radiation safety agency kernel for violations in paragraph 1 of this article;
b) Compel reporting reviews the safety radiation safety agency, according to the nuclear regulation for violations in art. 2 of this Thing;
c) enforce measures to minimize adverse impact for the environment component of violations in point b of paragraph 2 of this Article;
d) forced the mining sector mapping, ore processing has finished works for violations in point c of paragraph 2 of this Article;
DD) Forcing the environmental recovery for the violation in paragraph 3 of this article.
Article 21. Violations of rules of construction, change the scale, the scope of operation of the nuclear facility 1. Fine copper copper 15,000,000 to 8,000,000 for the behavior is not established, does not keep records of the nuclear facility upgrades.
2. A fine of from copper to copper 35,000,000 20,000,000 for one of the following behaviors: a) build, change the scale, the scope of operation of the nuclear facility does not comply with the approved design;
b) fail to stop the construction of the nuclear facility as determined by the radiation safety authority nuclear, when the points do not match the design has been approved by the competent authority.
3. the remedial measures: a) forced the establishment and retention of records go nuclear facilities for violations in paragraph 1 of this article;
b) enforce the right design was approved for violations in art. 2 of this Thing;
c) Forced to discontinue construction according to the decision of the competent State bodies with regard to violations in point b of paragraph 2 of this Article.
Article 22. Violations of the provisions on monitoring mode and report the results of the individual monitoring, the Organization has nuclear reactors 1. Fine copper copper 15,000,000 to 8,000,000 with respect to individuals, the organizations that have nuclear reactors has one of the following behaviors: a) do not report the radiation safety agency, nuclear monitoring results periodically as prescribed;

b) does not report right to radiation safety agency, the kernel when unusual observation results risk adverse environmental and human health.
2. A fine of from copper to copper 35,000,000 20,000,000 for acts not conduct environmental radiation monitoring where a nuclear reactor.
3. the remedial measures: a) Forced to report results of periodic monitoring with radiation safety agency, according to the nuclear regulation for violations in art. 1 of this article;
b) enforce environmental radiation monitoring for violations in paragraph 2 of this Article.
Section 3 of the ADMINISTRATIVE VIOLATIONS of SECURITY of RADIOACTIVE SOURCES, NUCLEAR MATERIALS, NUCLEAR EQUIPMENT, Article 23. Violations of the provisions on security of radioactive sources, nuclear material, nuclear devices and multi-layer protection principles 1. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: a) not implemented measures to control unauthorized access to radioactive sources prescribed;
b the transfer of radioactive sources) within the facility that does not have a console; not have written permission of the head of the facility or person authorized;
c) radioactive source tally Not periodically according to the regulations.
2.8,000,000 fine copper to copper 15,000,000 for the behavior not implemented the principle of multi-layer protection correlating with the degree of danger of radiation source of nuclear material, for humans, the environment according to the regulations.
3. Fine fellow to 20,000,000 12,000,000 contract for one of the following behaviors: a) not implemented measures to control unauthorized access to nuclear materials, nuclear equipment under the rules;
b) nuclear material transferred in the internal basis without a handover; not have written permission of the head of the facility or person authorized;
c) No periodic tally of nuclear materials, nuclear equipment under the rules.
4. remedial measures: a tightly controlled) forced the radiological source unauthorized access, nuclear materials, nuclear equipment for violations at the point a paragraph 1, point a of paragraph 3 of this article;
b) Forced up the minutes hand over radioactive sources, nuclear materials, certified by the leader of the unit for violations in point b of paragraph 1, point b of paragraph 3 of this article;
c) Forced periodic tally of radioactive sources, nuclear materials, nuclear equipment prescribed for violation of at point c paragraph 1, point c of paragraph 3 of this article;
DD) enforce multiple layers of protection against radiation source of nuclear materials, according to the regulations for violations in paragraph 2 of this Article.
Article 24. The behavior related to radioactive sources, nuclear materials, nuclear equipment, lost, robbed, being scattered, delivery, illegal use.
1. A fine from 5,000,000 to 8,000,000 copper copper for acts not to inform competent State agencies within 24 hours since the detection of radioactive sources, nuclear materials, nuclear equipment, lost, robbed, abandoned, were transferred illegally, have yet to be declared.
2.8,000,000 fine copper to copper 15,000,000 for the behavior did not inform the police where the closest, not report for radiation safety agency, nuclear, local people's Committee within 24 hours when the radioactive source, nuclear material, nuclear device lost by his management , robbed.
3. A fine of 15,000,000 VND to 25,000,000 Council for acts not to apply immediately the necessary measures to recover the radioactive source, nuclear material, nuclear devices were seized, is lost, were delivered, were used illegally.
4. A fine of 30,000,000 50,000,000 for copper to copper breach, lost, making scattered radioactive sources in use, management.
5. Fine fellow to 70,000,000 100,000,000 contract for breach, lost, making scattered nuclear material, nuclear devices in the management, use.
6. Individuals, organizations have violations of the provisions of paragraph 4, paragraph 5 this affects the environment sanctioned under the provisions of the law on the protection of the environment.
7. additional sanctions: deprived of the right to use the license for conducting radiation work to 6 months for individuals, the Organization violating paragraph 4, paragraph 5 of this Article.
8. remedial measures: Forcing the search for the source of radioactivity, nuclear materials, nuclear equipment, lost, robbed, being scattered radiation removal, to restore the original state for violations at the 3, 4, 5.
Article 25. Violations with respect to the base used scrap iron and steel to steel Metallurgy in detecting the source of radioactivity, nuclear materials 1. A fine from 10,000,000 to copper copper 6,000,000 with respect to individuals, the organizations that use scrap steel to steel metallurgy which do not apply these measures, equipment to detect radioactive sources, the nuclear materials.
2. remedial measures: Forcing apply measures, equipment to detect radioactive sources, the nuclear materials for violations in this article.
Article 26. Violations of medical establishments when patients doubt the injury caused by radioactive substances 1. A fine from 5,000,000 to copper copper 3,000,000 for the behavior did not notify the Agency of nuclear, radiation safety upon medical facility discovered patients with manifest injury caused by radioactive substances.
2. remedial measures: forcing the transfer of patients to specialty medical facility for treatment for violations in this article.
Article 27. Violations of the regulations on the protection of safe nuclear reactor area 1. Fine copper copper 20,000,000 to 12,000,000 for one of the following behaviors: a) Not set restricted areas, secure protection zone around the nuclear reactor or setting is not enough guarantee safety;
b) does not make the strict protection, closely control who was in the area of nuclear reactors;
c) do not perform nuclear reactor protection according to the provisions of the law for the important work related to national security.
2. remedial measures: a) forced the limited zone people, secure protection zone around the nuclear reactors for violations in art. 1 of this article;
b strict control) forced people out into the area of nuclear reactors for violations at the point b paragraph 1 of this article;
c) forced the nuclear reactor protection according to the provisions of the law for the important work related to national security violations at the point c paragraph 1 of this article.
Article 28. Violations of regulations on nuclear reactor operation 1. Fine copper copper 20,000,000 to 12,000,000 for one of the following behaviors: a) does not comply with the regulations on the operation of the tester in the low level simultaneously with the test specification, limit operate and build capacity to design for nuclear reactors;
b) Not reporting operation, safety analysis report of nuclear reactor safety agency sent radiation, nuclear.
2. remedial measures: a) enforce the right processes to operate the nuclear reactor test for violations in a paragraph 1 of this article;
b) forced the test operation reports, safety analysis report of nuclear reactor sent radiation safety agency, kernel for violations at the point b paragraph 1 of this article.
Section 4 of the ADMINISTRATIVE VIOLATIONS of SUPPORT SERVICE ACTIVITIES ATOMIC ENERGY APPLICATIONS Article 29. Violations of the provisions on services in support of the application of Atomic Energy 1. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: a) the support service activities atomic energy applications that do not meet the conditions specified in paragraph 1 to article 69 of the Atomic Energy law;
b) operate services in support of the application of atomic energy but violated regulations on radiation safety, nuclear;
c) services in support of the application of atomic energy but exceeds the limit, the range was the State Agency has the authority to allow.
2.8,000,000 fine copper to copper 15,000,000 for the behavior did not immediately notify the party to use the service; not immediately report for radiation safety agency, upon finding the nuclear danger arises the problem of radiation, nuclear incidents.
3. Fine fellow to 12,000,000 20,000,000 Council for misconduct prescribed registration; no professional services in support of the application of atomic energy when operating services in support of the application of atomic energy.
4. additional sanctions: deprived of the right to use the professional services in support of the application of Atomic Energy for up to 6 months for violations at points a, b, c paragraph 1 of this article.
5. remedial measures: enforce regulations on radiation safety, nuclear safety for violations at the point b paragraph 1 of this article.
Section 5 ACTS IMPEDES the OPERATION INSPECTED, CHECKED and INFRINGEMENT article 30 NATIONAL INTERESTS. Acts impedes operations inspector, inspection of State management bodies 1. Caution or a fine from 5,000,000 to copper copper 3,000,000 for acts not provided, provide incomplete, not on time the information, documents and related content inspection, check the activities in the field of Atomic Energy at the request of the competent State Agency except for the provisions in paragraph 3 of this article.
2. A fine from 10,000,000 to copper copper 6,000,000 with respect to one of the following behaviors: a) insult, intimidation of people are executed in the field of Atomic Energy;
b) evade, obstruct, postpone the implementation of the contents, requirements and recommendations of the authority conducting the inspection, test or inspection decision, check out activity in the field of atomic energy, except for the provisions in paragraph 3 of this article.
3. Fine fellow to 8,000,000 15,000,000 VND for one of the following behaviors:

a) does not provide, provide incomplete, not time of documents at the request of the competent State agencies when conducting inspection, safety check for the installation, operation, test nuclear reactors;
b) does not create conditions for radiation safety authorities and nuclear inspection, check the scrap, purge, processed nuclear fuel, nuclear devices, radioactive waste as the basis for the competent State agency decision recognized the basis of radiation has the responsibility of ensuring the safety of irradiation facilities;
c) does not provide, offer no full, timely material at the request of the competent State agencies when conducting inspections, safety inspection for the building, changing the scale, the scope of operation of nuclear reactors;
d) evade, delay, cause difficulties, impede, not facilitating the competent authorities examine the spot on compliance with the approved design for the investor, the Organization, the individual is responsible for the construction of nuclear reactors.
Article 31. Appropriation acts, vandalism, transferring, using radioactive sources, illegal nuclear materials, nuclear equipment, taking advantage of the activities in the field of atomic energy to infringing works, equipment, means of ensuring safety, security in the atomic energy sector, harm human health , environment.
1. Fine fellow to 50,000,000 70,000,000 Council for one of the following behaviors: a) infringing works, equipment, means of active service guarantee safety, security in the field of Atomic Energy;
b) appropriation, destruction, transfer, using radioactive sources, illegal nuclear materials, nuclear materials, nuclear equipment.
2. A fine of up to 100,000,000 đồng 70,000,000 Council for one of the following behaviors: a) advantage, abusive activities in the field of atomic energy to infringe the rights and interests of organizations and individuals, damage to human life, health, environment;
b) put information not grounded, not true about the incident harmed the interests of the State, the legitimate rights and interests of citizens;
c) misuse the purpose, disclose confidential information in the field of atomic energy.
3. Expulsion for the alien violation of clause 2 of this Thing.
Chapter III jurisdiction, Article 32 SANCTIONS PROCEDURES. The authority sanction of inspection agency science and technology 1. Inspectors specializing in science and technology are on duty have the right: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, the means used to administrative violations worth up to 2,000,000.
2. The Chief Justice Inspector of Department of science and technology has the right to: a) caution;
b) a fine of up to 30,000,000 VND;
c) Deprived the right to use until 6 months license, certificate of practice in the field of Atomic Energy Authority;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in clause 3 (except points g, h) of article 4 of this Decree.
3. The Chief Inspector of the Ministry of science and technology has the authority to sanction: a) caution;
b) fines to the maximum extent for the field of Atomic Energy;
c) Deprived the right to use until 6 months license, certificate of practice in the field of Atomic Energy Authority;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in clause 3 (except the point g) article 4 of this Decree.
Article 33. Competent handling of administrative violations of the people's Committee Chairman granted 1. Chairman of people's Committee of the district level have the right to: a) caution;
b) a fine of up to 30,000,000 VND;
c) Deprived the right to use until 6 months license, certificate of practice in the field of Atomic Energy Authority;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, d, e, i, k paragraph 3 to article 4 of this Decree.
2. The Chairman of the provincial people's Committee has the right to sanction: a) caution;
b) fines to the maximum extent for the field of Atomic Energy;
c) Deprived the right to use until 6 months license, certificate of practice in the field of Atomic Energy Authority;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in article 4 paragraph 3 of this Decree.
Article 34. The jurisdiction of the other authority sanctioning The police agencies, customs inspection, specialized and other agencies within the functions, duties, and powers to be assigned if discovered administrative violations in the field of nuclear energy shall be the authority sanctioning administrative violations in accordance with the Ordinance on handling administrative violations and the provisions in the Decree This time.
Chapter IV the TERMS OF IMPLEMENTATION of Article 35. Effect 1. The Decree has effect from 1 February 2010.
2. This Decree replaces Decree No. 51/2006/ND-CP dated 19 May 2006 from the Government regulation on sanctioning administrative violations in the field of safety and radiation control.
Article 36. Responsibilities and enforcement decree 1. The Minister of science and technology is responsible for detailing and guiding the implementation of this Decree; enacting the uniform form for use when administrative sanctions in the field of atomic energy.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.
 

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