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Circular 01/2007/tt-Bkhcn: Guide A Number Of Articles Of Decree No. 51/2006/nd-Cp Dated 19/05/2006 Of Government Sanctioning Administrative Violations In The Field Of Safety And Radiation Control

Original Language Title: Thông tư 12/2007/TT-BKHCN: Hướng dẫn một số điều của Nghị định số 51/2006/NĐ-CP ngày 19/05/2006 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực an toàn và kiểm soát bức xạ

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Circulars of some articles of Decree No. 51/2006/ND-CP dated 19/5/2006 of the Government sanctioning administrative violations in the field of safety and radiation control _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 54/2003/ND-CP dated 19/5/2003 of government functions, tasks, powers and organizational structure of the Ministry of science and technology and the Decree No. 28/2004/ ND-CP dated 16/01/2004 the Government's amendments and supplements to some articles of Decree No. 54/2003/ND-CP;
Pursuant to Decree 87/2006/ND-CP dated 28/9/2006 by government regulation on the organisation and operation of inspection science and technology;
Pursuant to Decree No. 51/2006/ND-CP dated 19/5/2006 of the Government regulation on sanctioning administrative violations in the field of safety and radiation control;
The Ministry of science and technology guidelines sanctioning administrative violations in the field of radiation safety and control as follows: i. GENERAL PROVISIONS 1. Object and scope 1.1. This circular instruction sanctioning administrative violations in the field of safety and radiation control for the Organization, individuals made a in violation of the provisions of chapter II of Decree 51/2006/ND-CP dated 19/5/2006 of the Government regulation on sanctioning administrative violations in the field of safety and radiation control (hereinafter referred to as the Decree 51). 1.2. This circular does not apply to: the source of radioactive waste and radiation did not identify the owner; the activities related to radiation be declared exempt from licensing, registration, as specified in standard ISO 6870: Vietnam 2001 "radiation safety-exempt Declaration, registration and licensing" and other provisions of the law.
2. The principle of sanctioning The sanctioning administrative violations in the field of safety and radiation control follow the principles defined in article 3 of Decree 51. When applying that principle to keep in mind the following: 2.1. The principle of true authority Only the competent person specified in article 23, article 24 and article 25 Chapter III of Decree 51 newly decision sanctioning administrative violations in the field of radiation safety and control to the form and the level of punishment in the jurisdiction provisions. Not allowed to split a behavior into many small acts or included many small acts of a larger behavior aims to change the jurisdiction to sanction.
2.2. Principles for the right audience, individual organizations perform acts specified in point 1.1 of this circular are all sanctioned administrative offense under the provisions of Decree 51.
An administrative violation only sanctioned once. Individual organizations perform many administrative violations, the sanctioned about each administrative violations. Multiple objects together make a violation of each object are sanctioned.
2.3. The principle of the right level of correct principles level when sanctioning administrative violations of safety and radiation control must base on account of 5 article 3 of the Decree 51.
2.4. The principle of timeliness, thoroughness when organizations, individuals with administrative violations of radiation safety and control, the authority sanction is prescribed in article 23, article 24 and article 25 of Decree 51 to the decision to suspend the right of violations and sanctions according to the regulations. The suspension decision may be decided by written or verbal expression decisions or other forms depending on the particular case.
The cases detected have no authority to sanction shall not be arbitrarily disposed of that violation must immediately report to the competent sanctions are stipulated in article 23, article 24 and article 25 of Decree 51 to sanctions prescribed by law.
2.5. The principle of due process The sanctioning administrative violations in the field of radiation safety and control are conducted in accordance with the procedure specified in articles from 28 to 32 of Decree 51. When applying the provisions of item 2 Article 28 of Decree 51, to note the following rules: the case of violations of the right to apply shape with larger fines of 100,000 Dong level, then the competent person must establish sanctions and signed the minutes of administrative violations. This is required to base the decision authority sanctioning administrative violations of safety and radiation control.
The case established the administrative infringement thereon without authority to sanction the heads of who it is who has the authority to sanction must sign the minutes of administrative violations.  
II. GUIDELINES IDENTIFY A NUMBER Of ADMINISTRATIVE VIOLATIONS Of SAFETY And RADIATION CONTROL 3. Violations of the provisions of the Declaration (article 6 of the Decree 51) fraud in the Declaration be interpreted as: the Organization, the individual is the home base of the radiation, radioactive sources or have managed radiation equipment or radioactive waste or have conducted the work of radiation but dishonest declarations with regard to the content must declare by regulation.
Qualified radiation facility is exempt from reporting is: radiation facility have the parameters related to radiation safety to meet or match the Vietnam standards regulations on radiation safety, exemption declarations, registration and licensing.
4. Violations of the rules of registration (article 7 of the Decree 51) fraud in the sign is understood as: Organization, individual sources of radioactivity, radiation equipment, location to store radioactive waste when conducting the registration procedures with the competent authorities have declared not to be truthful the information contained in the records to suggest granting registration under the provisions of the law.
5. Violations of the regulations on licenses (article 8 of the Decree 51) when applying article 8 need to note some of the following issues: 5.1. Fraud in the licensing application process is understood as: organizations and individuals when conducting the procedure of licensing proposals were declared non-truthful information in the application for the license or provide papers, incorrect document papers, original documents attached to application for license.
5.2. Special radiation work is the type of work specified in clause 2 Article 26 of Decree No. 50/1998/ND-CP dated 16 July 1998 from the Government detailed rules implementing the Ordinance on radiation safety and control (hereinafter referred to as the Decree 50), specifically the following : a) the installation, operation, repair, troubleshooting the radiation, nuclear reactor malfunctions, accelerators, radiation therapy machines, equipment for the irradiation industry and industrial sales, industrial radiation cameras;
b) production of radioisotopes;
c) "emission and Removal troubleshooting the radiation from a level 2 and up", the provisions of article 18 Decree No. 50.
5.3. "products, consumer goods containing radioactive substances" specified in point c of paragraph 4 Article 8 shall be construed as the product, goods (such as fire alarm, the products, merchandise or luminous tube has developed ion...) contains a small amount of radioactive substances.
5.4. When applying the provisions of paragraph 6 article 8, it should be noted: a) implement measures to ensure radiation safety is the implementation of administrative and technical measures to reduce the risk of radiation due to the work of radiation, the radiation source causes affect the environment , human health.
b) The destruction, buried the products, consumer goods containing radioactive substances exceeding permitted under provisions of law is the burial goods, products mentioned above according to the process of collecting, sorting, transporting and burial of radioactive waste.
The destroyed, buried the aforesaid goods, products must ask permission of the State administration for safety and radiation control.
c) for individuals, the organization with violations in clause 3; point a, point b paragraph 4; point a, point b paragraph 5 article 8, then the competent person must take measures for the custody of radioactive source or the sealed radiation equipment to stop immediately violations. The sealing or detention must ensure the radiation safety and security of radioactive sources.
The sealed radiation equipment is established thereon. The opening of sealed radiation equipment made when the Organization, individuals violating the present license with who has made sealing.
The custody of radioactive sources must comply with the provisions of article 46 of the Ordinance on handling administrative violations in 2002.
6. Violations of export and import equipment for radiation, radioactive source and radioactive waste (article 12 of the Decree 51) is understood as follows: organizations and individuals have violations on importing equipment for radioactive sources, radiation, radioactive waste belonging to the categories of goods prohibited importation was attached to Decree No. 12/2006/ND-CP dated 23/01/2006 detailed rules Commercial Law enforcement on the international sale of goods and the activities of agents, buying, selling, processing and transiting goods with foreign countries will be sanctioned according to the provisions in clause 2 article 12 Decree 51.
7. Violation of store, store, transfer radioactive sources, radiation equipment and radioactive waste (article 13 of the Decree 51).
When applying this to note the following: 7.1. The Organization, individuals lose, lost, scattered sources of radioactivity, radiation equipment due to lack of responsibility while managing, use is understood as: individual or head of the organization that use radioactive sources, devices containing radioactive sources issued in full the provisions on responsibility , management, maintenance and security of radioactive sources but do not have strict management measures lead to happen lost, lost, scattered item 2 article 13 shall apply to sanctions.
7.2. organizations and individuals who violated the provisions in clause 2 article 13 but deliberately did not inform state regulators about safety and radiation control is understood as: from the date of discovery of the loss, lost, scattered radiation sources and equipment containing radioactive sources that the individual the Organization, which is not timely reporting the incident to the Department of science and technology or the Bureau of radiation safety and control, Department of nuclear science and technology, the applied paragraph 3 article 13 to sanction.
8. Violations of the regulations on transport of radioactive sources, radioactive waste (article 14 of the Decree 51) is understood as follows:

The Organization, individuals are violations of regulations on radiation safety when transporting the radioactive source and radioactive waste are the violations of radiation safety content specified in circular No. 14/2006/TT-BKHCN on July 11, 2003 of the Ministry of science and technology of safe shipping guide of radioactive substances Vietnam standard, TCVN 4985-89 "legal safety transport of radioactive material" and "safety-2001 6867 TCVN radiation-safe transport of radioactive material-part 1: General rules".
9. Violations of the regulations to do the service work related to radiation safety (article 15 of the Decree 51) 9.1. Violations of the provisions of paragraph 1 article 15 be understood as follows: organizations and individuals, to do the service work related to radiation safety, but violations of radiation safety or content in violation of any of the content specified in the licence or personal organizer, periodically does not report individual radiation dose measurement results shall apply paragraph 1 to article 15 sanction.
9.2. the violations specified in clause 2 article 15 be understood as follows: Organization, medical practitioners have managed, using radioactive sources, radiation equipment to diagnose and treat diseases for people but radioactive sources, radiation equipment does not meet the quality standard is understood when using radioactive sources , radiation equipment to diagnose and treat diseases that violate radiation safety, cause beyond doses for radiation workers and the public or does not cause loss of safe but no paper test, calibration or do not have the quality certificate of the competent authority shall apply paragraph 2 to article 16 to sanction.
The case of the Organization, the individual violated the provisions in clause 2 article 15 if affect human health shall apply fines have the aggravation. The case caused serious consequences then transferred the police handle according to the authority.
10. Violation of rules on shielding, regulations on the size of room to conduct radiation (Decree 18, Article 51).
 When applying this to note: To reach excessive radiation radiation dose limits are exceeded the radiation dose limits are specified in standard ISO Vietnam 6866-2001 "safe radiation-dose limits for radiation workers and the public".
11. Violations related to waste management and environmental protection shall apply the provisions of article 16 and article 19 of Decree 51 or apply the provisions of the law on sanctioning administrative violations in the field of environmental protection to sanction.
III. GUIDELINES On SANCTION AUTHORITY 12. The authority sanction of specialized inspection agency on safety and radiation control (article 24 of the Decree 51).
When applying this to note the following: 12.1. Specialized safety inspectors and radiation control (paragraph 1 article 24) include: inspectors are present in the inspection of the Ministry of science and technology, Department of inspection and control nuclear, radiation safety and Inspection Department of science and technology.
12.2. The authority sanctioning administrative violations in the field of radiation safety and control include: professional safety inspectors and radiation control, Chief Inspector of the Department of science and technology and the Chief Inspector of the Ministry of science and technology.
The Chief Inspector of the Bureau of radiation safety and control, the kernel does not have the jurisdiction to sanction the violations in this area.
13. Procedure for sanctioning of administrative violations (article 28 Decree 51) when applying this to note on the authority established the administrative infringement thereon: according to the provisions of article 50 of the law on the Ombudsman and article 55 Ordinance handling administrative violations in 2002, the following people have the authority to establish the minutes of administrative violations in the field of safety and radiation control : Professional inspectors in safety and radiation control, Chief Inspector of the Ministry of science and technology, the Chief Inspector of the Department of science and technology, specialized inspection crew Chief safety and radiation control.
According to the provisions in paragraph 2 of article 20, Decree 132/2003/ND-CP dated November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002, in the case of established thereon without authority to sanction should apply the principle of due process set forth in point 2.5 of this circular.
14. Procedure for custody exhibits, means of administrative violations (article 30 of Decree 51) jurisdiction and procedure for measures of custody evidence, administrative violations means compliance with the provisions of article 46 of the Ordinance on handling administrative violations in 2002. The management of exhibits, the media detained under administrative procedures be made under the provisions of Decree No. 70/2006/ND-CP on 24/7/2006 regulating the management of exhibits, the media detained under administrative procedures.
15. The procedure of handling exhibits, means of administrative violation confiscated (article 32 of the Decree 51) evidence handling procedures, means of administrative violation confiscated in the field of radiation safety and control of compliance with the provisions of article 61 Ordinance on handling administrative violations in 2002 and circular No. 72/2004/TT-BTC on 15/7/2004 on the management and guidance physical exhibits, media confiscating around the State funds due to administrative violations and circular No. 04/2006/TT-BTC dated 18 January 2006 amending, supplementing circular No. 72/2004/TT-BTC of the Ministry of finance.
IV. IMPLEMENTATION of this circular effect after 15 days from the date The report.
In the process, if there are difficulties, obstacles and recommendations reflect on the Ministry of science and technology to coordinate,./.