The DECREE regulating the sanctioning administrative violations in the field of safety and radiation control Law base GOVERNMENT government organizations on 25 December 2001;
Basing the Ordinance handling administrative violations July 7, 2002;
The base Safety Ordinance and radiation control on 25 June 1996;
According to the recommendation of the Minister of science and technology, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the administrative violations in the field of radiation safety and control, sanctions, fines, authority to sanction, sanction procedures and remedial measures.
2. This decree applies to all individuals, the organization acts intentionally or unintentionally violating the provisions of the law on State management in the field of radiation safety and control that is not a crime and under the provisions of this Decree are sanctioned administrative offense.
Individuals, organizations have the administrative violations in the field of State management on safety and radiation control within the territory of the Socialist Republic of Vietnam also sanctioned under this Decree, except where the relevant international treaties to which Vietnam is a member have other regulations shall apply the provisions of international treaties it.
3. Administrative violations in the field of State management on safety and radiation control include: a) violations of the provisions of the Declaration, registration, license provisions in Ordinance on radiation safety and control;
b) violations of the regulations on conditions of radiation safety;
c) violations of specific provisions of the Ordinance on radiation safety and control, and Decree No. 50/1998/ND-CP dated 16 July 1998 from the Government detailed rules implementing the Ordinance on radiation safety and control (hereafter abbreviated as ND 50/1998/ND-CP) article 2. Explanation of terms the terms of this Decree shall be understood as follows: 1. "radiation device" is a device can emit ionizing radiation, including the radiation emitting device only when in the active mode (such as the x-ray generators, accelerators ...) radiation equipment and radioactive source mounted inside (such as radiotherapy equipment remotely , radiation pressure equipment, measuring equipment in industry and research, x-ray generators used in the analysis in the shop, the basis of irradiated nuclear reactor, ...).
2. "Radioactive Source" is the radioactive material is used together with the device, or used alone in the application of nuclear techniques on a target identified. Radioactive sources may be in the form of closed or open shape.
3. "sealed radioactive Source" is the source of radiation in which the radioactive material is enclosed in a casing layer has a special structure ensure no radioactive substances to escape into the environment during normal working conditions or in case of radiation incidents.
4. "Radioactive Source openings" radioactive source is not enclosed in a class of cases in which it has a particular structure as radioactive sealed sources of radioactive material, can be split up in the process used or easy to leak during normal conditions of use.
5. "radiation safety service" is the activity serves radiological safety work for radiation, radiation dose measurement service for individuals, design build renovate, expand, upgrade the facilities such as x-ray room radiation, nuclear medicine, radiation therapy facility, remote radioactive sources, warehouses, depots of radioactive substances and radioactive waste, radiation safety assessment, reviews the impact of radiation on the environment, the quality of the radiation equipment, measuring equipment calibration of radiation and radiation devices.
6. "transport index" is the index used to control the irradiated, to prescribe the amount of radioactive substances radioactive package in order to ensure safety during transportation.
Article 3. Sanction guidelines 1. Personally, the only organization sanctioned administrative violations in the field of safety and radiation control when there are violations of the provisions of chapter II of this Decree.
2. Any administrative violations when discovered are timeliness suspended immediately. The sanctioning of administrative violations must be conducted justly, promptly, thoroughly; any consequences due to administrative violations must be fixed under the provisions of the law.
3. The sanctioning administrative violations in the field of radiation safety and control are conducted by authorized person in accordance with the provisions of the law on sanctioning of administrative violations.
4. An administrative violation only sanctioned once; a person who performs many of the administrative violations, the sanctioned about each administrative violations; many people make the same administrative violations, then each violation are sanctioned.
5. The sanctioning administrative violations must be based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravating to decide the form and the level of sanctions and appropriate disposal measures under the provisions of this Decree.
6. Not sanctioning administrative violations in the case in a situation of legitimate defence, urgent, unexpected events or administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.
7. in case of an individual, the organization performs at a variety of administrative violations, including violations in the field of radiation safety and control, the authority to sanction is determined according to the principles specified in paragraph 3 Article 42 Ordinance handling administrative violations.
8. in case when it deems the administrative violations in the field of radiation safety and control has signs of crime, the competent person specified in article 23, article 24 and article 25 of this Decree to transfer records to the body conducting criminal proceedings have jurisdiction.
Prohibition to apply sanctions against administrative violations behavioural signs of crime in the field of safety and radiation control.
9. Extenuating circumstances, aggravating to be applied according to the provisions of article 8 and article 9 of Ordinance on handling administrative violations in 2002.
Article 4. Sanctions and remedial measures 1. For each administrative violations in the field of radiation safety and control, the individual, the organization suffered a breach in the sanctions: a) caution: applicable to small violations, first, there are extenuating circumstances or for all administrative violations by juveniles from the age of 14, enough to under 16 years done;
b) fines: based on the nature and extent of the violation, the person has the authority to decide on fines in the penalty provisions have been framed.
When a fine, level specific fines for administrative violations is the average of the frame of penalties are prescribed for behavior that in case no extenuating or aggravating. The average of the frame of the fine is determined by dividing the total number of double the minimum level and maximum level.
Violations have extenuating circumstances, the level of the fine may be reduced but not be reduced below the minimum level of fines was prescribed.
Violations have the aggravation of penalties may increase, but not rising above the maximum level of fines was prescribed.
2. Depending on the nature and extent of the violation, the individual held administrative violations in the field of safety and radiation control can be applied one or the additional sanctions: a) deprived of the right to use the licenses in the field of safety and radiation control until May 6;
b) confiscated exhibits, the means used to administrative violations.

3. In addition to the sanctions, additional sanctions mentioned above, individual, organization, administrative violations may also be forced to apply one or more of the following remedial measures: a) Forcing the infected radiation emission removal to environmental standards;
b) Forced to restore original state has been changed due to administrative violations cause;
c) forced the culling, burial goods, items containing radioactive substances as prescribed for radiation safety;
d) forced the renovated building structure, shielding radiation safety standard to ensure the surrounding environment;
DD) Forced back exhibits violation has imported under the provisions of the law;
e) Forcibly recovered exhibits gone concur; the search for radiation sources to return to its original state;
g) Forcing job suitable for people under 18 years old, who suffer the disease prohibited under the provisions of the Ministry of health; pregnant women or breastfeeding are in time according to the provisions in clause 1 article 6, paragraph 3 article 10 of Decree No. 50/1998/ND-CP dated 16 July 1998 from the Government detailed rules implementing the Ordinance on radiation safety and control and labor laws;
h) remedial measures other provisions in chapter II of this Decree.
Article 5. Time sanctioning administrative violations and time limits are regarded as not yet sanctioned administrative violations 1. Time sanctioning administrative violations in the field of safety and radiation control is two years from the date of the administrative violations are made. If so then the time individuals, organizations have made violations sanctioned, but still apply remedial measures prescribed in article 4 paragraph 3 of this Decree.
2. for individuals made violations of the law on safety and radiation control be prosecuted, indicted or have decided to take the case to trial under criminal proceedings but then decided to suspend the investigation or the suspension of the case which have sign violations administrative violations were administrative sanctions; in this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and records violations.
3. Within the time limit specified in paragraph 1 and paragraph 2 of this article, if individuals, organizations implement new administrative violations in the field of safety and radiation control or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing. Time limits are calculated again since the implementation of new administrative violation or termination acts impedes evading sanctions.
4. Individuals, organizations sanctioned administrative violations of safety and radiation control, if over one year from the day the accomplished executive sanction decision or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative violations of safety and radiation control.
Chapter II the ADMINISTRATIVE VIOLATIONS, the FORM and the FINE article 6. Violations of the regulations on the Declaration 1. A fine from 1,500,000 VND to 3 million contract for the individual, the organization with one of the violations of the rules on declaring the base the radioactive sources, radiation, radiation devices, radioactive waste, radiation work conducted, specifically: a) fraud in reporting or incomplete declaration;
b) fixing, erasing the record to be eligible to apply exemption declarations;
c) does not declare the radiation facility;
d) undeclared radioactive sources;
DD) does not declare the radiation device;
e) undeclared radioactive waste;
g) Not declare when conducting radiation work.
2. remedial measures: forcing individuals, the organization violated clause 1 of this article make the declarations prescribed in article 22 Safety Ordinance and radiation control.
Article 7. Violations of the regulations on registration 1. A fine from 1,500,000 VND to 3 million contract for individual, organization of fraud in registering radioactive sources, radiation devices and locations to store radioactive waste.
2. A fine of from 5 million to 10 million dong VND for individual, organization, device, radiation sources of radiation, radioactive waste but not registered under the regulations with respect to radioactive sources and whereabouts of radioactive material.
3. The remedial measures: forcing individuals, the organization violated clause 1 and clause 2 of this made the registration prescribed in article 23 Safety Ordinance and radiation control.
Article 8. Violations of the regulations on licenses 1. A fine from 1,500,000 VND to 3 million contract for individual, organization of fraud in the process please license the radiation safety according to the provisions of the Ordinance on radiation safety and control.
2. A fine of from 5 million to 10 million dong VND for individual, organization, do one of the following acts without the license: a) special radiation work;
b) Make the service work related to radiation safety.
3. A fine of from 5 million to 15 million dong VND for individual, organization, do one of the following acts without the license: a radioactive source) using the radiation equipment in treatment;
b) using radioactive sources to analyze the structure, chemical composition of the materials, construction quality control, security inspection, metrology, quality goods;
c) using radioactive sources, radiation devices for testing or scientific research.
4. A fine of 15 million dong to Dong for 25 million individuals, organizations do one of the following acts without the license: a) export, temporary export, import re import, to temporarily enter the re-export of radioactive sources, radiation equipment;
b) repair, Assembly, replace the source of radiation, the radiation device;
c) manufactured products, consumer goods containing radioactive substances;
d) transit of radioactive sources, radiation equipment or radioactive waste.
5. A fine of 30 million to 50 million dong VND for individual, organization, do one of the following acts without the license: a sealed radioactive source production), radioactive sources, radiation equipment without a licence;
b) irradiated activities (including use of accelerators, x-ray equipment, equipment containing radioactive sources high activity can create strong radiation fields for decontamination or disposal to preserve commercial products) or radiographic fixed;
c) extraction, processing radioactive ores;
d) processed, buried radioactive waste.
6. remedial measures: a) Forcing individuals, organizations have the violations in item 2, clause 3, clause 4, clause 5 this must implement measures for ensuring radiation safety;
b) Forcing individuals, organizations have the violations in point c of paragraph 4 of this Article destroyed, buried the products, consumer goods containing radioactive substances exceeding the permitted level prescribed by law;
c) Forcing individuals, organizations have the violations in item 1, item 2, item 3, clause 4, clause 5 this must done applying for license under the provisions of article 24 Safety Ordinance and radiation control within 30 days from the date of the decision dealt with by the competent person.
Article 9. Violations of the regulations on upgrading, renovating the base of radiation 1. 3 million to 8 million dong fine copper for individual, organization, do one of the following acts without the license: a) arbitrarily upgrade, expand the scope of activities of the radiation facility;
b radiation facility) put back after upgrading, renovating.
2. remedial measures: forcing individuals, organizations have violations of paragraph 1 of this article do apply for a license under the provisions of article 24 Safety Ordinance and radiation control within 30 days from the date of the decision dealt with by the competent person.

Article 10. License usage too time limit 1. A fine from 1.000.000 VND to 2 million VND for individuals, organizations use Active license for radiation facility, work permits and permits for radiation worker for radiation work particularly has expired but not more than 30 days from the date the license expires.
2. A fine of 3 million to 7 million dong VND for individuals, organizations use Active license for radiation facility, work permits and permits for radiation worker for radiation work in particular has not expired in the case prescribed in clause 1 of this article.
3. the remedial measures: forcing individuals, organizations are breach of clause 1 and clause 2 of this made the request of licenses under the provisions of article 26 of Ordinance on radiation safety and control within a period of 30 days from the date of the decision dealt with by the competent person.
Article 11. Violations of the conditions specified in the licence 1. 2 million to 5 million dong fine copper for individual, organization violates one of the conditions stated in the license.
2. A fine of from 5 million to 10 million dong VND for individuals, institutions using radioactive sources, radiation equipment on other purposes than specified in the license of the State administration for safety and radiation control.
3. additional sanctions: deprived of the right to use the license until 3 months for violations of the provisions of paragraph 1 of this article and are deprived of the right to use the license up to 6 months for violations of the provisions in paragraph 2 of this Article.
4. remedial measures: forcing individuals, organizations are breach of clause 1 and clause 2 of this Thing done right the conditions stated in the license.
Article 12. Violations of export and import equipment for radiation, radioactive source and radioactive waste 1. 5 million to 10 million dong fine copper for individuals, organizations have the incorrect import/export behavior of the technical parameters of the radiation devices, radioactive sources stated in the license.
2. A fine of 10 million dong to 20 million VND for individual, organization behavior, radiation equipment import of radioactive sources, radioactive waste belonging to the categories of goods prohibited importation.
3. Form of the additional penalty: deprived of the right to use the radiation safety permit to 6 months for individuals, organizations have the violations in item 1, item 2 of this Article.
4. remedial measures: forcing individuals, organizations have a violation of paragraph 1, paragraph 2 this must implement measures to ensure the immediate safety of radiation and forced back exhibits violated as prescribed by law.
Article 13. Violations of regulations on storing, keeping, transfer radioactive sources, radiation equipment and radioactive waste 1. A fine from 20 million dong to 45 million contract for individual, organization, do one of the following behaviors: a) sale, donate, give, lend, loan, rent, lease of radioactive sources, radiation equipment without a licence;
b) radioactive sources stored and kept temporarily radioactive waste without a licence.
2. A fine of from 25 million to 50 million dong VND for individuals, organizations lose, lost, scattered sources of radioactivity, radiation equipment due to lack of responsibility while managing, use.
3. A fine of 50 million to 70 million dong VND for individuals, organizations have the violations specified in clause 2 of this but deliberately did not inform state regulators about safety and radiation control.
4. additional sanctions: confiscated exhibits, personal media, organization of violations at the point a, point b paragraph 1 of this article about the most recent radioactive source repository has been the Ministry of science and technology in the licensed use.
5. The remedial measures: a) Forcing individuals, the organization with breach of point a, point b of paragraph 1 of this article must carry the radiation safety measures prescribed by the law and provide sufficient information for the State administration for safety and radiation control;
b) Forcing individuals, organizations have the violations in item 2, paragraph 3 of this article must implement the following measures: immediately notify State regulators about safety and radiation control, the police nearest; the search for radiation sources to restore original state; costs for searching, overcome by the individual, organization management, using radioactive sources, radiation equipment was responsible.
Article 14. Violations of the regulations on transport of radioactive sources, radioactive waste 1. 5 million to 10 million dong fine copper for individual, organization, do one of the following behaviors: a) shipping is incorrect about the number, type and route specified in the certificate of the competent authority;
b) used improper means of transport prescribed for radiation safety;
c) violates regulations on packaging, packaging, symbols related to radiation safety when transporting radioactive sources, radioactive waste;
d) shipping without the staff responsible for the radiation safety comes (except in the case of transport of radiation devices only when new activities emit radiation);
DD) transporting the shipment and the shipment exceeds the specified transport indicators;
e) shipping in terms of radiation dose in the cockpit and spot people sitting beyond the regulations on radiation safety.
2. A fine of 20 million dong to 45 million contract for personal, organizational behavior to scattered radiation sources, radioactive waste during transportation.
3. A fine of 50 million to 70 million dong VND for individuals, organizations have the violations specified in clause 2 of this Article affects the health of the environment.
4. additional sanctions: deprived of the right to use the license until 3 months for personal, held in violation of the provisions in paragraph 1 of this article.
5. The remedial measures: a) Compel individuals, organized in violation of the provisions in paragraph 1 of this article only to be transported in accordance with the provisions of the shipping license and must implement the measures prescribed radiation safety;
b) Forcing individuals, the Organization violating item 2, paragraph 3 of this article must implement the following measures: immediately notify State regulators about safety and radiation control, the police nearest; the recovered radioactive sources, radioactive waste scattered and do purge the infected radiation radiation to reach regulations on environmental standards; costs for remedial work by individuals, organized transport of radioactive sources, radioactive waste are responsible.
Article 15. Violations of the regulations to do the service work related to radiation safety 1. A fine of 3 million to 10 million dong VND from for individual, organization, do one of the following behaviors: a) Make the services related to safety of radiation but violated the rules of radiation safety;
b) services related to radiation safety, but beyond the authority of the State administration for safety and radiation control;
c) periodically do not report results to measure radiation doses to the State administration for safety and radiation control under the provisions of the law.
2. A fine of 10 million dong to 20 million VND for individuals, institutions using radioactive sources, radiation equipment failed to meet quality standards for the diagnosis and treatment of medical examination and treatment.
3. additional sanctions: deprived of the right to use the license until 6 months for violation in paragraph 1 of this article.
4. remedial measures:

a) Forcing individuals, organizations have the violations stipulated in art. This made regulations on radiation safety; violation of the provisions of point b of paragraph 1 of this article are implemented properly authorized;
b) Forcing individuals, organizations have the violations specified in point c of paragraph 1 of this article to make the reporting of results of measuring individual radiation doses as prescribed in clause 2 article 13 Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government;
c) Forcing individuals, organizations have the violations specified in clause 2 of this Thing to fix, adjust to the prescribed quality standards.
Article 16. Violations of the regulations on the handling and management of radioactive waste 1. 3 million to 8 million dong fine copper for individual, organization, do one of the following behaviors: a) do not establish record keeping radioactive waste characteristics of each waste;
b) does not handle or handle radioactive waste do not follow the standard rules of radiation safety.
2. A fine of from 5 million to 10 million dong VND for individuals, organizations use tanks, containers of radioactive waste are not properly regulated radiation safety.
3. A fine of 10 million dong to Dong for 25 million individuals, institutions not organized collecting radioactive waste.
4. A fine of 20 million dong to 45 million contract for individuals, organizations exceeds radioactive waste regulations allow bad influence to health, environment.
5. The remedial measures: a) forced the renovated storage tanks, containers of radioactive waste in accordance with the standards prescribed for violations of the provisions in paragraph 2 of this Article;
b) Forced purge in the infected radiation radiation with respect to violations of the provisions of paragraph 3 and paragraph 4 of this Article to reach the standards of the environment;
c) forced the individual, the organization violated the clause 3 of this article done collecting radioactive waste according to the regulations;
d) Forcing individuals, the Organization violating this clause 4 carry radioactive discharges into the environment is not permitted.
Article 17. Violations of the regulations on radiation facility location 1. 5 million to 15 million dong fine copper for individual, organization facility layout incorrect radiation location approval of State administration for radiation safety.
2. The remedial measures: forced to move to the location has been approved by the State administration of safety of radiation.
Article 18. Violations of rules of shielding, regulations on the size of room to conduct radiation 1. 3 million to 8 million dong fine copper for individual, organization, do one of the following behaviors: a) to excessive radiation doses of radiation limits;
b) used the room to conduct radiation has the thickness of walls, ceilings, floors, doors, window not enough thickness according to the regulations on radiation safety, the height of the bottom edge of the window, ventilation no higher than 2 metres compared to the background.
2. A fine of 3 million to 10 million dong VND for individuals, institutions use the rooms have substandard size regulations to conduct radiation.
3. additional sanctions: deprived of the right to use the license to 3 months for the individual, the organization violated the provisions in clause 1 of this article.
4. remedial measures: a) Compel individuals, the organization violated clause 1 of this article must have renovated the building structure ensures protection of shielding radiation safety;
b) Forcing individuals, the Organization violating item 2 this is reconstructed in the room reaches the size according to standard rules for conducting radiation work.
Article 19. Violations of the regulations on the protection of the environment 1. A fine of 10 million dong to 20 million dong from for individuals, held when the production, processing, use of radioactive material, radioactive sources cause contaminated environment.
2. A fine of 15 million dong to 30 million contract for the individual, the organization does not make timely remedies when detecting radiation contaminated environment.
3. A fine of 35 million to 70 million dong VND for the individual, the organization performing the burial, handle the radioactive waste pollution, affecting the environment, the health of the people.
4. additional sanctions: deprived of the right to use the license on the field of radiation safety and control up to 6 months for individuals, organizations have the violations in item 1, item 2, paragraph 3 of this article.
5. The remedial measures: a) the Forced purge in the radiation contaminated with radiation violations specified in clause 1 and clause 2 of this standard on the environment;
b) Forcing individuals, organizations have the violations in paragraph 3 of this article must implement the provisions of art. 5 of this and perform the burial, the handling of radioactive wastes to environmental standards;
c) The costs for remedial work by the individual, the organization with violations in item 1, item 2, item 3 of this responsibility.
Article 20. Violations of specific provisions of the Ordinance on radiation safety and control, and Decree No. 50/1998/ND-CP 1. Caution or a fine from 200,000 VND to 1.000.000 VND for individuals, organized in violation of the provisions of the following: a) has no billboards, radiation warning lights mounted at the specified place;
b) no radiation safety regulations for radiation facility;
c) no operating process equipment for radiation.
2. A fine of 2 million to 3 million dong VND for individuals, institutions not organized stored in one of the following records: a) check the environmental radiation records;
b) periodic maintenance records of machines and systems for radiation safety;
c) employee health records to radiation;
d) radiation dose records of radiation workers individual;
DD) The record of upgrading, expanding the operating range of the radiation facility, quality testing, periodic inspection, annual calibration of radiation appliances, radioactive sources prescribed;
e); device operation logs
g) profile the discharges of radioactive waste;
h) records of radiation equipment and radioactive sources.
3. A fine of 3 million VND 5 million dong to for personal, held in violation of the provisions of the following: a) not appointed person in charge of radiation safety;
b) appointed curator radiation safety training certificate of radiation safety in accordance with the provisions of Articles 5, 8 and 26 of Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government;
c) Does the Organization of training and retraining of the radiation safety knowledge for radiation workers under the provisions of Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government.
d) Not established prevention team and troubleshoot the appropriate radiation with the scale of operation of the facility.
4. A fine of 2 million to 5 million dong VND for individuals, organized in violation of the provisions of the following: a the recruitment of people under the age of 18) do the radiation worker;
b) recruit sick people taboos do radiation radiation worker;
c) No periodic health checks for radiation worker as defined;
d) To pregnant women, breastfeeding during working with radiation;
No radiation dose equipment) designed for individual employees to radiation;
e) No periodic reviews of personal radiation doses as prescribed;
g) are not equipped with proper labor protection for the staff of the radiation;
h) Not equipped Cabinet suitable for work with radioactive substances, gases, steam, born sol;
I) do not have the appropriate cover tools for each job category nuclear engineering applications;
k) do not periodically check the quality of the radiation equipment used in health;
l) Not for the annual calibration measurement for radiation dose, radiation sources;

m) fix falsify the parameters of radiation equipment without calibration and allow the use of back.
5. A fine of from 5 million to 10 million dong VND for individuals, organized in violation of the provisions of the following: a) the inventory of radiation sources Not periodically every year;
b) does not report the situation safe annual radiation with the State administration for safety and radiation control;
c) periodic radiation control Not the environment around the radiation facility;
d) periodic radiation control Not at work of radiation workers;
DD) no air radiation alert for the basis of reactors, accelerators, radiation, radiation from distant base, the base mining and ore processing;
e) there are no plans for radiation incident prevention;
g) Not detected in time and no radiation troubleshooting under the plan;
h) timely reporting to the governing body for radiation safety and other relevant bodies;
I) Not fully implementing the measures under the responsibility of themselves when there are incidents of radiation occurred;
k) No executor or executor does not strictly ordered emergency mobilization of manpower, materials and means to overcome the problem of radiation;
l) hinders or not done properly the instructions when the Agency conducted fix of radiation.
6. A fine of 10 million to 15 million dong VND for individual, organization, do one of the following behaviors: a) automatically cut off safety assurance system of radiation;
b) No periodic maintenance organization system of ensuring safety of radiation leads to violation of regulations on radiation safety.
7. The remedial measures a) Compel individuals, the organization violated clause 1 this must be attach signage, building rules out into and operation of radiation facility; build process operate radiation equipment;
b) Forcing individuals, the Organization violating item 2 this must build and archive records relating to safety and radiation control;
c) Forcing individuals, organized in violation of point a, b, c paragraph 3 of this article make the rules about who is in charge of appointing the radiation safety and radiation safety training for people in charge, employees do work of radiation; violation of point d of this paragraph 3 are established teams to prevent and resolve radiation consistent with the scale of operation of the facility;
d) Forcing individuals, organized in violation of point a, b, d, paragraph 4 this must make specified in point g paragraph 3 article 4 of this Decree; violation of points c, e, f, g paragraph 3 this must perform a health check, equipped with individual design, fitted with a dose of protection for staff members to radiation; violation of point h, i, k, l, m clause 4 this must make the calibration of radiation device, testing, equipment safety equipment prescribed by law;
DD) Organization, individuals forced to violate point a, b paragraph 5 this perform the inventory, report for radiation safety situation; violation of points c, d paragraph 5 this must check out radiation as prescribed; violation of point 5 of this clause to anoth air radiation warning; violation of point e, g, h, i, k, l paragraph 5 this must plan on prevention of radiation incident; to handle the issue according to plan; must promptly report to the governing body for radiation safety and other relevant bodies; to implement the measures in full its responsibility when the incident radiation occurs; to execute an emergency mobilization of manpower, materials and means to fix the problem; to implement the guidelines when the Agency conducted fix of radiation.
Article 21. Violation of regulations of abolition of the radiation facility 1. 5 million to 10 million dong fine copper for individuals, the Organization made the abolition of the radiation facility is not the correct procedure, the order prescribed in article 15 of Decree No. 50/1998/ND-CP dated 16 July 1998 of the Government.
2. remedial measures: forcing individuals, organizations have radiation dissolved base done right the rules of procedure, the order dissolved the radiation facility under the provisions of the law.
Article 22. Acts impedes the operation of State management in the field of radiation safety and control 1. Caution or a fine from 100,000 to 200,000 copper copper for individual, organization, do one of the following behaviors: a) refuse to provide the information, documents and related content inspection, check for radiation safety;
b) provides full information for competent person inspected, checked for radiation safety.
2. A fine from 1.000.000 VND to 2 million contract for individual, organization, do one of the following behaviors: a) insult, threaten people who are on duty in the area of safety and radiation control;
b) evading, obstructing, delaying the implementation of the content, requirements, recommendations of competent person inspection, testing or inspection decisions, check on safety and radiation control.
Chapter III jurisdiction, SANCTIONS PROCEDURES Article 23. The authority sanction of the people's Committee of the level 1. Chairman of people's Committee of the district level have the right to: a) caution;
b) a fine of up to 20 million VND;
c) confiscated exhibits, the means used to administrative violations;
d) apply a or remedial measures prescribed in points a, b, c, d, e, g, h paragraph 3 to article 4 of this Decree.
2. The Chairman of the provincial people's Committee has the authority to apply sanctions administrative violations specified in article 30 of the Ordinance on handling administrative violations with regard to the administrative offences specified in chapter II of this Decree are: a) caution;
b) a fine of up to 70 million;
c) confiscated exhibits, the means used to administrative violations;
d) Stripped the right to use the license by the Department of science and technology level to 6 months;
The case deprived of the right to use the license related to the field of radiation safety and control by the State administration for safety and radiation control supervisor level, the Chairman of the provincial people's Committee decision on suspension violations, revoking the license and to recommend competent bodies deprived of the right to use that license.
DD) apply one or the other measures provided for in paragraph 3 to article 4 of this Decree.
Article 24. The authority sanction of specialized inspection agency on safety and radiation control 1. Specialized safety inspectors and radiation control Department of the Ministry of science and technology and the Department of science and technology, central cities are on duty have the right to apply sanctions against administrative violations specified in chapter II of this Decree include : a) caution or impose a fine of up to 200,000;
b) confiscated exhibits, the means used to administrative violations worth up to 2 million;
c) apply remedial measures specified in point a, b, c, d, e, g, h paragraph 3 to article 4 of this Decree.
2. The Chief Justice Inspector of Department of science and technology has the authority to apply sanctions against administrative violations specified in chapter II of this Decree include: a) caution or impose a fine of up to 20 million VND;
b) confiscated exhibits, the means used to cause administrative violations;
c) apply remedial measures specified in point a, b, c, d, e, g, h paragraph 3 to article 4 of this Decree.
3. The Chief Inspector of the Ministry of science and technology has the authority to apply sanctions against administrative violations specified in chapter II of this Decree include: a) caution or impose a fine of up to 70 million;
b) confiscated exhibits, the means used to cause administrative violations;
c) Deprived the right to use the license of the State administration for safety and radiation control Department of the Ministry of science and technology and Director of the Department of science and technology level to 6 months;

d) apply remedial measures prescribed in article 4 paragraph 3 of this Decree.
Article 25. The authority sanction of the police, border guard, Coast Guard, customs, market management agencies and other specialized inspectors.
The police people, border guard, Coast Guard, customs, market management agencies and other specialized inspection authority sanctioning administrative violations as stipulated in articles 31, 32, 33, 34, 37 and 38 of the Ordinance on handling administrative violations in 2002 for administrative violations involving safety and radiation control in the scope of the governance of the ministries themselves.
Article 26. The responsibilities of the State administration for safety and radiation control in handling administrative violations Control Bureau and radiation safety, nuclear is the Agency directly under the Ministry of science and technology has the duty to help Ministers make state management functions of safety and radiation control and responsible participation , in cooperation with other competent bodies at Central and local levels in the handling of administrative violations and remedial issues regulations on radiation safety and radiation control when these bodies request.
Article 27. Principle of determining the right to sanction 1. Chairman of the provincial people's Committee, Chairman of the people's Committee at district level authority sanctioning administrative violations in the field of safety and radiation control locally.
2. The Chief Inspector and inspectors of the specialized agencies: the Ministry of science and technology, Department of science and technology authority sanctioning administrative violations in the field of safety and radiation in the management scope of the heads of the same level.
Cases of violations in excess of authority of the Chief Inspector of the Department of science and technology, the offending record transfer to the people's Committee Chairman granted the sanctioning administrative violations by the authority.
3. The authority sanctioning administrative violations in the field of radiation safety and control of those set forth in article 25 of this Decree shall be made according to the provisions of article 42 of the Ordinance on handling administrative violations.
Article 28. Procedure for sanctioning of administrative violations 1. When detected violations or signs of administrative violation of safety and radiation control, who has the authority to order sanctions immediately to suspend the violation and ask individuals, organizations to comply with the provisions of the law on safety and radiation control.
2. clearly defined cases of violations in an applied form of caution, the authority sanction does not set the minutes that decided the sanction in writing right at the place where the violation occurred.
The case could violate deems must apply shape then the competent person must sanction established administrative infringement thereon comply with the provisions of article 55 of the Ordinance on handling administrative violations. The establishment of administrative infringement thereon must create conditions to the individual, the organization violated the presentation comments on violations.
3. If it deems the handling offense need testimonials, concluded the Agency's expertise on radiation safety and control, the authority sanctioned only minutes of inspection, test, control as a base to solve. At the same time, authorized sanctions send evidence violated the referendum proposal text and examiner for the State administration for safety and radiation control under the provisions of article 26 of this decree or the Department of science and technology to give testimonials , conclusions about the violation and forms processing measures, consistent with the violation.
Within 10 days from the date of receiving the written request and the records and evidence of violations, the State administration for safety and radiation control or the Department of science and technology must have the written comments submitted to the authority sanctioning administrative violations of safety and radiation control.
4. within 10 days of record-setting administrative violations, who has the authority to decide punishments for violations, cases of serious violation, there are more complex, the time limit can be extended but not more than 30 days. The decision to sanction and sanction decision content must comply with the provisions of article 56 of the Ordinance on handling administrative violations in 2002.
Effective date of the sanction decision is the date of signing, unless otherwise specified in the decision on the other effect.
The decision to sanction must be sent to the individual, organization and agency sanctioned collecting fines within 3 days from the date of signing; at the same time must be sent to the State administration for safety and radiation control Department of the Ministry of science and technology to coordinate the follow-up and implementation of the procedures of establishment, modification, suspension, cancellation of the license.
Article 29. Stripping procedure 1 license usage rights. When deprived of the right to use the license, the authority sanctioned seizure of licenses recorded in the decision to sanction and notify the Agency has licensed it to know.
2. Upon expiry of Duke the right to use the license recorded in the decision to sanction, the sanction authority handed back the licence to the individual, the Organization has been stripped of that license.
3. When permission is granted is not the right authority or have content that is unlawful, the person who has the authority to sanction conduct revoked immediately; at the same time inform the competent State agencies know.
Article 30. Custody procedures exhibits, means of administrative violations 1. 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.
2. interim measures keep exhibits, means of administrative violations are applied in case of need to stop immediately violations or secured evidence necessary to verify the details as a basis for the decision to handle the offense.
For individuals, the organization with violations in clause 3; point a, point b paragraph 4; point a, point b paragraph 5 article 8 of this Decree, the competent person must perform custody measures to bring about the radioactive source repository for radioactive source exhibits; implementation of the seal until the license of State administration competent for exhibits is the radiation equipment.
Shipping costs, preserving due to personal, organizational management, using radioactive sources, radiation equipment was responsible.
3. within 10 days from the date of the custody, the custody decisions to handle the exhibits, hold by means of the measures stated in the decision of handling or returns for individuals, the organization if not apply shape confiscated for exhibits, hold media. The duration of custody evidence, means of administrative violations may be extended to the complex case, should proceed to verify but for no more than sixty days from the date of the custody exhibits, media. The extended time limit of the custody right media, exhibits due to those specified in paragraph 1 to article 46 of the Ordinance on handling administrative violations in the 2002 decision.
4. Temporarily hold exhibits, means of administrative violations must be decided in writing accompanied by the minutes of the custody and must be handed to violators, represents a violation of organization.
5. With regard to the custody exhibits violated is the source of radiation, radiation equipment shall also comply with the provisions of paragraph 1, 2, 3, 4 have to make regulations on radiation safety.
Article 31. The procedure of confiscated exhibits, means of administrative violations

The procedure of confiscated exhibits, means of administrative violations in the field of radiation safety and control of compliance with the provisions of article 60 of the Ordinance on handling administrative violations in 2002.
Article 32. Evidence handling procedures, means of administrative violations, evidence handling procedures means administrative violation confiscated in the field of radiation safety and control of compliance with the provisions of article 61của Ordinance on handling administrative violations in 2002 and stipulated the following: measures culled in case of exhibits means of violating are the following objects: 1. Goods infringing can be harmful to life, human health and the environment;
2. Goods infringing products worth using.
Article 33. Enforcement of punishment decisions 1. Cases in excess of 10 days from the date of the individual, the organization sanctioned received punishment decisions without self-awareness, the Executive authority decide coercive sanctions to enforce sanction decision.
2. The enforcement of the decision to sanction coercive enforcement, punishment decision, the execution violated the sanctions decision was made according to the provisions of articles 64, 65, 66, 67, 68 and 69 of the Ordinance on handling administrative violations in 2002 and Decree No. 37/2005/ND-CP of March 2005 of the Government regulating the procedure of applying coercive measures enforcement regime decided to sanction administrative violations.
Chapter IV COMPLAINTS, accusations, HANDLE BREAKING and REWARDING thing to 34. Complaints, accusations and complaints, report 1. Personally, the organization sanctioned administrative violations in the field of safety and radiation control or their legal representatives have the right to appeal against the decision of sanction authority sanctioning administrative violations.
2. Citizens have the right to report with the individual, agency or organization competent administrative violations in the field of radiation safety and control of individuals, other organizations, or accusations of unlawful acts authorized sanctions in the field of administrative sanction range safety and radiation control.
3. The authority, the time limit and procedure for resolving complaints, accusations in the correct order, the procedure prescribed by the law on complaints and denunciation.
Article 35. Handling breaches authority sanctioning administrative violations in the field of safety and radiation control authority sanctioning administrative violations in the field of safety and radiation control which breach the provisions on sanctioning administrative violations shall be handled according to the provisions of article 121 of the Ordinance on handling administrative violations in 2002.
Article 36. Reward, personal discipline, organizational achievements in the provision of information, detection, containment, handling administrative violations of safety and radiation control be rewarded according to the regulations of the State.
Individuals, organizations subject to adjustments of the Ordinance, there are violations of the provisions of chapter II of this Decree shall in addition be subject to sanctioning administrative violations must be punished according to the provisions of the Ordinance, public servants.
ChươngV the TERMS of the IMPLEMENTATION of Article 37. Effect 1. The Decree has effect after 15 days from the date The report.
2. This Decree replaces Decree No. 19/2001/ND-CP dated 11 May 2001 of the Government on sanctioning administrative violations in the field of safety and radiation control.
Article 38. Responsible for enforcing Decree 1. The Minister of science and technology is responsible for implementation and examine the implementation of this Decree.
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.