Thông tư 08/2010/TT-BKHCN

Circular No. 08/2010/TT-BKHCN of July 22, 2010, guiding the declaration and licensing of radiation jobs, and grant of radiation employee's certificates

Nội dung toàn văn Circular No. 08/2010/TT-BKHCN guiding the declaration and licensing of radiation


THE MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 08/2010/TT-BKHCN

Hanoi, July 22, 2010

 

CIRCULAR

GUIDING THE DECLARATION AND LICENSING OF RADIATION JOBS, AND GRANT OF RADIATION EMPLOYEE'S CERTIFICATES

Pursuant to the June 3, 2008 Law on Atomic Energy;
Pursuant to the Government's Decree No. 07/ 2010/ND-CP of January 25, 2010, detailing and guiding a number of articles of the Law on Atomic Energy;
Pursuant to the Government s Decree No. 28/ 2008/ND-CP of March 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;
The Ministry of Science and Technology guides the declaration of, and grant of licenses for, radiation jobs, and grant of radiation employee's certificates as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation This Circular guides:

1. The declaration of radioactive substances, radioactive waste, source nuclear materials, nuclear materials, radiation devices and nuclear devices.

2. The grant, extension, modification and re-grant of licenses for the following radiation jobs:

a/ Operating irradiation devices;

b/ Using radiation devices;

c/ Using radioactive substances;

d/ Producing radioactive substances;

e/ Processing radioactive substances;

f/ Storing radioactive substances;

g/ Treating and storing radioactive waste and spent radioactive sources;

h/ Exporting radioactive substances, source nuclear materials, nuclear materials and nuclear devices;

i/ Importing radioactive substances, source nuclear materials, nuclear materials and nuclear devices;

j/ Packing and transporting radioactive substances, source nuclear materials and nuclear materials;

k/ Transporting radioactive substances, source nuclear materials and nuclear materials in transit via the Vietnamese territory;

l/ Building radiation facilities;

m/ Changing the sizes and operation scopes of radiation facilities;

n/ Terminating the operation of radiation facilities.

3. The grant of certificates to radiation employees who perform the jobs specified in Clause 1. Article 28 of the Law on Atomic Energy.

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in the jobs specified in Article 1 of this Circular.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Use of radioactive substances means the use of an open radioactive source and discrete sealed radioactive sources not mounted in devices.

2. Operation of irradiation devices means the use of accelerators, radiotherapy devices or irradiation devices for sterilizing and treating materials.

3. Use of radiation devices means the use of radiation devices mounted with radioactive sources or X-ray emitting devices, excluding accelerators, radiotherapy devices or irradiation devices for sterilizing and treating materials.

4. Use of radiographic devices for medical diagnosis means the use of X-ray emitting devices for medical diagnosis, including integrated endoscopic devices, light intensifier X-ray image devices, devices for dental radiography, devices for breast radiography, mobile radiographic devices, computed tomography (CT) scanners, radiographic devices for bone densitometry, devices for intervention and angiography radiography, and veterinary radiographic devices,

5. Storage of radioactive substances means the temporary storage of radioactive substances from the time they exist to the time they are put into use or transferred to other organizations or individuals.

6. Change of the size and operation scope of a radiation facility means the relocation of a fixed radiation source or change of the operation limit against those indicated in the license, change of safety-affecting technical parameters of radiation devices, or restructuring of the radiation safety assurance system.

Article 4. Declaration

1. Within 7 working days after possessing radioactive substances, radioactive waste and radiation devices ineligible for declaration exemption or source nuclear materials, nuclear materials and nuclear devices, organizations and individuals shall declare them to competent agencies defined in Article 8 of this Circular.

2. Organizations and individuals that apply for licenses in order to perform radiation jobs within the time limit specified in Clause 1 of this Article are exempt from carrying out declaration procedures.

3. When receiving radioactive waste or spent radioactive sources, operators of national radioactive waste repositories or radioactive waste and spent radioactive source treatment and storage service establishments shall declare them to competent agencies under Clause 1 of this Article.

Article 5. Licensing of radiation jobs

1. Before performing radiation jobs specified in Clause 2. Article 1 of this Circular, organizations and individuals shall carry out procedures to apply for licenses.

2. If organizations and individuals fail to use radioactive substances or to transfer radioactive substances to other organizations or individuals, within one month after possessing them, they shall carry out procedures to apply for licenses to store radioactive substances.

3. After completing the construction or changing the sizes and operation scopes of radiation facilities, organizations and individuals shall, before putting such facilities into operation, carry out procedures to apply for licenses to perform radiation jobs.

4. Organizations and individuals that possess spent radioactive sources in licensed radiation jobs shall carry out procedures to apply for licenses to treat and store spent radioactive sources before doing so. This provision is not applicable to national radioactive substance repositories and radioactive waste and spent radioactive source treatment and storage service establishments.

5. An applicant for permission to simultaneously perform different radiation jobs or use different radiation sources may be granted a common license-

Article 6. General requirements on dossiers of application for licenses or radiation employee's certificates

1. Information provided in the dossiers must be accurate. Diplomas, certificates or other papers subject to the validity requirement must remain valid in the dossier processing time. Foreign-language documents must be translated into Vietnamese. Copies and translations must be notarized or certified by applicants.

2. Dossiers shall be submitted directly at head offices of competent agencies or sent by post-

Article 7. Conditions for obtaining licenses or radiation employee's certificates

1. To obtain a license to perform radiation jobs, an organization or individual must fully meet the following conditions:

a/ Submitting a complete dossier under this Circular;

b/ Paying the radiation safety appraisal charge and licensing fee under law;

c/ Satisfying all the conditions specified in Article 75 of the Law on Atomic Energy;

d/ Radiation employees possess certificates of training in radiation safety.

2. To obtain a radiation employee's certificate, an individual must fully meet the following conditions:

a/ Submitting a complete dossier under this Circular;

b/ Paying the licensing fee under law; d Satisfying all the conditions specified in Clause 2, Article 28 of the Law on Atomic Energy.

Chapter II

DECLARATION PROCEDURES

Article 8. Decentralization for declaration

1. Organizations and individuals that possess radioactive substances, radioactive waste, source nuclear materials, nuclear materials, nuclear devices or radiation devices, except those specified in Clauses 2 and 3 of this Article, shall declare them to the Radiation and Nuclear Safety Department.

2. Organizations and individuals that possess radiographic devices for medical diagnosis to be used in two or more provinces or centrally run cities (below referred to as provinces) shall declare them to the Science and Technology Departments of the provinces in which they are headquartered.

3. Organizations and individuals that possess radiographic devices for medical diagnosis other than those specified in Clause 2 of this Article shall declare them to the Science and Technology Departments of the provinces in which such devices are installed and used-

Article 9. Declaration procedures

1. Organizations and individuals shall declare each radioactive source, radiation device, source nuclear material, nuclear material and radioactive waste to a competent agency in relevant forms provided in Appendix I to this Circular.

2. Within 5 working days after receiving a slip of declaration, a competent agency shall issue a written certification of declaration, made according to the form provided in Appendix IV to this Circular.

Chapter III

DOSSIERS OF APPLICATION FOR LICENSES TO PERFORM RADIATION JOBS OR FOR RADIATION EMPLOYEE'S CERTIFICATES

Article 10. Dossier of application for a license to operate irradiation devices or use radiation devices and radioactive substances

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of the radiation employee and person in charge of safety work, made according to form 01 -I/ATBXHN provided in Appendix I to this Circular;

3. A slip of declaration of sealed and open radiation sources, accelerators, X-ray emitting devices and neutron emitting devices, made according to the relevant form provided in Appendix I to this Circular;

4. A report on safety assessment of the operation of irradiation devices, use of radiation devices or radioactive substances, made according to form 01-III/ATBXHN provided in Appendix III to this Circular;

5. A copy of the organization's establishment decision, business registration certificate, investment certificate or professional practice registration paper. When this decision, certificate or paper is lost, certification of the agency that signs such decision or grants such certificate or paper is required:

6. A copy of the producer's document providing information as declared in the slip of declaration of sealed and open radiation sources, accelerators. X-ray emitting devices and neutron emitting devices. When this document is unavailable, the applicant shall re-determine the activity rates and names of radioisotopes of sealed and open radioactive sources and technical parameters of accelerators. X-ray emitting devices and neutron emitting devices;

7. A copy of the service contract on individual irradiation dosimetry, for organizations and individuals that possess service registration papers for individual irradiation dosimetry;

8. Copies of radiation employee's certificates of the person in charge of safety work and employee performing the jobs specified in Clause 1, Article 28 of the Law on Atomic Energy. When this certificate is unavailable, a dossier of application for a radiation employee's certificate under Article 22 of this Circular shall be submitted together with a dossier of application for a license to perform radiation jobs;

9. Translations of foreign-language documents.

This Article is not applicable to applications for a license to use radiographic devices for medical diagnosis.

Article 11. Dossier of application for a license to use radiographic devices for medical diagnosis

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of the radiation employee and person in charge of safety work, made according to form 01-I/ATBXHN provided in Appendix I to this Circular;

3. A slip of declaration of radiographic devices for medical diagnosis, made according to form 06-I/ATBXHN provided in Appendix I to this Circular;

4. A report on safety assessment of the use of radiographic devices for medical diagnosis, made according to form 02-III/ATBXHN provided in Appendix III to this Circular;

5. A copy of the organization's establishment decision, business registration certificate, investment certificate or professional practice registration paper. When this decision, certificate or paper is lost, certification of the agency that signs such decision or grants such certificate or paper is required;

6. A copy of the producer's document providing information as declared in the slip of declaration of radiographic devices for medical diagnosis. When this document is unavailable, the applicant shall re-determine technical parameters of such devices;

7. A copy of the service contract on individual irradiation dosimetry, for organizations and individuals that possess service registration papers for individual irradiation dosimetry;

8. A copy of the radiation employee's certificate of the person in charge of safety work. When this certificate is unavailable, a dossier of application for a radiation employee's certificate under Article 22 of this Circular shall be submitted together with a dossier of application for a license to perform radiation jobs;

9. Translations of foreign-language documents.

Article 12. Dossier of application for a license to produce and process radioactive substances

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of the radiation employee and person in charge of safety work, made according to form 01-I/ATBXHN provided in Appendix I to this Circular;

3. A report on safety assessment of the production and processing of radioactive substances, made according to form 03-111/ ATBXHN provided in Appendix III to this Circular;

4. A copy of the organization's establishment decision, business registration certificate, investment certificate or professional practice registration paper. When this decision, certificate or paper is lost, certification of the agency that signs such decision or grants such certificate or paper is required;

5. A copy of the service contract on individual irradiation dosimetry, for organizations and individuals that possess service registration papers for individual irradiation dosimetry;

 6. Copies of radiation employee's certificates of the person in charge of safety work and employee performing the jobs specified in Clause 1, Article 28 of the Law on Atomic Energy. When this certificate is unavailable, a dossier of application for a radiation employee's certificate under Article 22 of this Circular shall be submitted together with a dossier of application for a license to perform radiation jobs.

Article 13. Dossier of application for a license to store radioactive substances

1. An application for a license to perform radiation jobs, made according to form 01-11/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of sealed or open radioactive sources, made according to the relevant form provided in Appendix I to this Circular;

3. A report on safety assessment of the storage of radioactive substances, made according to form 04-III/ATBXHN provided in Appendix III to this Circular.

Article 14. Dossier of application for a license to treat and store spent radioactive sources

1. All application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of sealed radioactive sources, made form 04-1/ATBXHN provided in Appendix 1 to this Circular;

3. A report on safety assessment of the storage of spent radioactive substances, made according to form 04-III/ATBXHN provided in Appendix III to this Circular.

Article 15.Dossier of application for a license to treat and store radioactive waste and spent radioactive sources in national radioactive waste repositories or radioactive waste and spent radioactive source treatment and storage service establishments

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of the radiation employee and person in charge of radiation safety work, made according to form 01-1/ATBXHN provided in Appendix I to this Circular;

3. A report on safety assessment of the treatment and storage of radioactive waste and spent radioactive sources in national radioactive waste repositories or radioactive waste and spent radioactive source treatment and storage service establishments, made according to form 05-111/ ATBXHN provided in Appendix III to this Circular;

4. A copy of the organization's establishment decision, business registration certificate, investment certificate or professional practice registration paper. When this decision, certificate or paper is lost, certification of the agency that signs such decision or grants such certificate or paper is required;

5. A copy of the service contract on individual irradiation dosimetry, for organizations and individuals that possess service registration papers for individual irradiation dosimetry;

6. Copies of radiation employee's certificates of the person in charge of safety work and employee performing the jobs specified in Clause 1, Article 28 of the Law on Atomic Energy. When this certificate is unavailable, a dossier of application for a radiation employee's certificate under Article 22 of this Circular shall be submitted together with a dossier of application for a license to perform radiation jobs.

Article 16. Dossier of application for a license to export radioactive substances, source nuclear materials, nuclear materials or nuclear devices

1. An application for a license to perform radiation jobs, made according to form 02-11/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of sealed and open radiation sources, source nuclear materials, nuclear materials or nuclear devices, made according to the relevant form provided in Appendix I to this Circular;

3. A report on safety assessment of the export of radioactive substances, source nuclear materials, nuclear materials or nuclear devices, made according to form 06-III/ATBXHN provided in Appendix HI to this Circular;

4. A copy of the organization's establishment decision, business registration certificate, investment certificate or professional practice registration paper. When this decision, certificate or paper is lost, certification of the agency that signs such decision or grants such certificate or paper is required;

5. A copy of the producer's document providing information as declared in the slip of declaration of sealed and open radiation sources, radioactive substances, source nuclear materials, nuclear materials or nuclear devices. When this document is unavailable, the applicant shall re-determine the activity rates and names of radioisotopes of sealed and open radioactive sources, types and chemical composition of source nuclear materials and nuclear materials. and technical parameters of nuclear devices;

6. Copies of the purchase and sale contract and agreement on the transfer and receipt of radioactive sources, signed between the Vietnamese exporter and overseas recipient;

7. A copy of the import license issued by a competent authority of the importing country to the importer, for nuclear materials and radioactive substances of a danger level above average;

8. Translations of foreign-language documents.

Article 17. Dossier of application for a license to import radioactive substances, source nuclear materials, nuclear materials or nuclear devices

1. An application for a license to perform radiation jobs, made according to form 02-11/ ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of sealed and open radiation sources, source nuclear materials, nuclear materials or nuclear devices, made according to the relevant form provided in Appendix I to this Circular;

3. A report on safety assessment of the import of radioactive substances, source nuclear materials, nuclear materials or nuclear devices, made according to form 06-III/ATBXHN provided in Appendix III to this Circular:

4. A copy of the organization's establishment decision, business registration certificate, investment certificate or professional practice registration paper. When this decision, certificate or paper is lost, certification of the agency that signs such decision or grants such certificate or paper is required;

5. A copy of the producer's document providing information as declared in the slip of declaration of sealed or open radiation sources, radioactive substances, source nuclear materials, nuclear materials or nuclear devices;

6. A copy of the purchase and sale contract or agreement on the transfer and receipt of radioactive sources, signed between the Vietnamese importer and foreign exporter;

7. A copy of the import entrustment contract between the entrusting and entrusted parties, in case of entrusted import;

8. Translations of foreign-language documents.

Article 18. Dossier of application for a license to pack, transport and transit radioactive substances, radioactive waste, source nuclear materials and nuclear materials

1. An application for a license to perform radiation jobs, made according to form 03-II/ ATBXHN or 04-II/ATBXHN provided in Appendix II to this Circular;

2. A slip of declaration of sealed and open radioactive sources, radioactive waste, source nuclear materials and nuclear materials, made according to the relevant form provided in Appendix I to this Circular;

3. A slip of declaration of the goods escort, made according to form 02-1/ATBXHN provided in Appendix I to this Circular;

4. A report on safety assessment of the packing, transportation or transit of radioactive substances, radioactive waste, source nuclear materials and nuclear materials, made according to form 07-III/ATBXHN provided in Appendix III to this Circular;

5. The transportation contract, in case the consigner is not the transporter;

6. A copy of radiation employee's certificate of the person in charge of incident response. When this certificate is unavailable, a dossier of application for a radiation employee's certificate under Article 22 of this Circular shall be submitted together with a dossier of application for a license to perform radiation jobs.

Article 19. Dossier of application for a license to build radiation facilities

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A report on safety analysis of the construction of a radiation facility, made according to form 08-III/ATBXHN provided in Appendix III to this Circular.

Article 20. Dossier of application for a license to change the size and operation scope of a radiation facility

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A report on safety analysis of the change of the size and operation scope of a radiation facility, made according to form 09-III/ATBXHN provided in Appendix III to this Circular.

Article 21. Dossier of application for a license to terminate the operation of a radiation facility

1. An application for a license to perform radiation jobs, made according to form 01-II/ ATBXHN provided in Appendix II to this Circular;

2. A report on safety analysis of the termination of the operation of a radiation facility, made according to form 10-III/ATBXHN provided in Appendix III to this Circular.

Article 22. Dossier of application for a radiation employee's certificate

1. An application for the certificate, stuck with a photo and made according to form 05-II/ATBXHN provided in Appendix II to this Circular;

2. A copy of the certificate of training in radiation safety at an institution licensed by the Ministry of Science and Technology;

3. Copies of diplomas and professional certificates relevant to the to-be-performed job;

4. A health certificate issued by a district- or higher-level health establishment within 6 months by the time of submission of the certificate application dossier;

5. Three 3 x 4 cm photos.

Chapter IV

GRANT OF LICENSES FOR RADIATION JOBS OR RADIATION EMPLOYEE'S CERTIFICATES

Article 23. Competence to grant licenses for radiation jobs and radiation employee's certificates

1. The Ministry of Science and Technology may grant the following licenses for radiation jobs and radiation employee's certificates:

a/ License for operating irradiation devices;

b/ License for producing radioactive substances;

c/ License for processing radioactive substances;

d/ License for transiting radioactive substances, source nuclear materials or nuclear materials;

e/ License for packing and transporting source nuclear materials or nuclear materials;

f/ License for exporting or importing source nuclear materials, nuclear materials and nuclear devices;

g/ Radiation employee's certificate to chief engineers of nuclear reactors, heads of operating shifts of nuclear reactors, managers of nuclear fuels, and operators of nuclear reactors.

2. The Radiation and Nuclear Safely Department may grant licenses for radiation jobs and radiation employee's certificates, except the cases specified in Clauses I and 3 of this Article;

3. Provincial Science and Technology Departments may grant licenses for using radiographic devices for medical diagnosis and radiation employee's certificates to persons in charge of safety work at medical-diagnosis radiographic institutions operating in provinces.

In case medical-diagnosis radiographic devices of an organization or individual headquartered in province A are installed and used in province B, the Science and Technology Department of province B may grant a license for using medical-diagnosis radiographic devices and a radiation employee's certificate to the person in charge of safety work.

In case mobile medical-diagnosis radiographic devices are used in different provinces, the Science and Technology Department of the province in which device owners are headquartered may grant a license for using medical diagnosis radiographic devices, and a radiation employee's certificate to the person in charge of safety work.

4. When a health establishment performs different radiation jobs involving the concurrent use of medical-diagnosis radiographic devices and radioactive substances (nuclear medicine) or operating irradiation (radiotherapy) devices, it may request the Radiation and Nuclear Safety Department or local Science and Technology Department to grant a radiation employee's certificate to the person in charge of safety work.

Article 24. Procedures for granting licenses for radiation jobs and radiation employee's certificates

1. Applicants for licenses to perform radiation jobs or radiation employee's certificates specified in Articles 1. 2 and 4. Article 23 of this Circular shall submit dossiers at the Radiation and Nuclear Safety Department and pay charges and fees under law.

Applicants for licenses to perform radiation jobs involving the use of medical-diagnosis radiographic devices or for radiation employee's certificates specified in Clauses 3 and 4, Article 23 of this Circular shall submit dossiers at provincial Science and Technology Departments and pay charges and fees under law.

2. Within the time limit specified at Point a or c, Clause 2, Article 77 of the Law on Atomic Energy, the Radiation and Nuclear Safety Department shall appraise dossiers and grant licenses for radiation jobs in the case specified in Clause 2, Article 23 of this Circular, made according to form 02-V/ATBXHN provided in Appendix V to this Circular, or submit dossiers to the Ministry of Science and Technology for the grant of licenses in the case specified in Clause 1. Article 23 of this Circular, made according to form 01-V/ATBXHN provided in Appendix V to this Circular.

Within the time limit specified at Point b. Clause 2. Article 77 of the Law on Atomic Energy, the provincial Science and Technology Department shall appraise dossiers and grant licenses for use of radiographic devices for medical diagnosis, made according to form 03-V/ATBXHN provided in Appendix V to this Circular.

3. Within 10 working days after receiving a complete and valid dossier, a competent agency shall appraise it and grant a radiation employee's certificate, made according to a form provided in Appendix VI to this Circular, except the case specified in Clause 4 of this Article.

4. When a dossier of application for a radiation employee's certificate is submitted together with a dossier of application for a license for radiation jobs, the time limit for appraisal of the dossier of application for, and grant of, a radiation employee's certificate will correspond to the time limit for processing the dossier of application for a license for radiation jobs.

5. If refusing to grant a license or certificate, within the time limit specified in Clause 2. 3 or 4 of this Article, a competent agency shall issue a written reply clearly stating the reason.

Article 25. Validity term of a license for radiation jobs and radiation employee's certificate

1. A license for exporting and importing open radioactive substances for use in nuclear medicine or application of radioisotope marking is valid for 12 months for many shipments. A license for exporting and importing source nuclear materials, nuclear materials, nuclear devices and other radioactive substances is valid for 6 months for each shipment.

2. A license for transporting radioactive substances, source nuclear materials or nuclear materials in transit via the Vietnamese territory is valid for 6 months.

3. A license for operating irradiation devices is valid for 5 years.

4. A license for radiation jobs other than those specified in Clauses I, 2 and 3 of this Article is valid for 3 years.

5. A radiation employee's certificate is valid for 5 years.

Chapter V

EXTENSION. MODIFICATION AND RE-GRANT OF LICENSES AND RE-GRANT OF RADIATION EMPLOYEE'S CERTIFICATES

Article 26. Extension of licenses

1. If wishing to continue performing radiation jobs beyond the validity term indicated in their licenses, organizations or individuals shall carry out license extension procedures and submit dossiers to a competent agency at least 60 days before their licenses expire. After this time limit, they shall carry out procedures and pay charges and fees as for a new license.

2. A dossier of request for extension of a license comprises:

a/ A written request for extension of a license, made according to form 06-II/ATBXHN provided in Appendix II to this Circular;

b/ A slip of declaration of the new radiation employee or person in charge of radiation safety against the previous dossier of application for a new or extended license;

c/ A report on radiation safety assessment, made according to the relevant form provided in Appendix III to this Circular;

d/ A copy of the license.

3. Dossiers of request for extension of licenses shall be submitted at competent agencies defined in Clause 1. Article 24 of this Circular.

Within the time limit specified in Clause 2, Article 77 of the Law on Atomic Energy, a competent agency shall extend a license or issue a written refusal clearly stating the reason.

4. The term of an extended license will be counted from the date the old license expires.

Article 27. Modification of licenses

1. An organization or individual shall request modification of its/his/her license in the following cases:

a/ There is a change in its/his/her information indicated in the license, such as name, address. telephone number or fax number;

b/ There is a change in the information on the border gate of exportation or importation, for export, import or transit license, or on the route of transportation, for transportation or transit licenses;

c/ After the quantity of licensed radioactive sources or radiation devices decreases as a result of transfer, export or loss.

2. A dossier of request for modification of a license comprises:

a/ A written request for modification of a license, made according to form 07-11/ATBXHN provided in Appendix II to this Circular;

b/ The original license;

c/ A written certification of information details to be modified, in case of change in name, address, telephone number or fax number;

d/ A copy of the transfer contract, in case the quantity of radioactive sources or radiation devices decreases as a result of transfer; a copy of the export license enclosed with the customs declaration, in case the quantity of radioactive sources decreases as a result of export; a written certification of lost radioactive sources.

3. Dossiers of request for modification of licenses shall be submitted at competent agencies defined in Clause 1. Article 24 of this Circular.

4. Within 10 working days after receiving a complete and valid dossier, a competent agency shall grant a modified license or issue a written refusal clearly stating the reason.

5. A modified license has the same validity term as that of the old license.

Article 28. Re-grant of licenses

1. An organization or individual may apply for a re-granted license when its/his/her license is torn, rumpled or lost.

When a license is lost, an organization or individual shall declare the loss to the police office of the locality in which the license is lost and announce such in the mass media. Past 30 days after such announcement, if the lost license cannot be found, the organization or individual may request a competent agency to re-grant it.

2. A dossier of application for a re-granted license comprises:

a/ An application for a re-granted license, made according to form 08-II/ATBXHN provided in Appendix II to this Circular;

b/ The police office's certification of declaration of the loss of the license and the press agency's receipt accepting to publish information on such loss;

c/ The original license, in case it is torn or rumpled.

3. Dossiers of application for re-granted licenses shall be submitted at competent agencies defined in Clause 1. Article 24 of this Circular.

4. Within 10 working days after receiving a complete and valid dossier, a competent agency shall re-grant a license or issue a written refusal clearly stating the reason.

5. A re-granted license has the same validity term as that of the old license. the dossiers and grant licenses under this Circular,

Article 29. Re-grant of radiation employee's certificates

1. A radiation employee shall carry out procedures to apply for a re-granted radiation employee's certificate when it expires or is torn, rumpled or lost.

2. Dossiers and procedures for certificate re-grant and the term of a re-granted certificate are the same as those for a new certificate.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 30. Transitional handling

In case applicants have submitted dossiers of application for licenses for radiation jobs but not been licensed before the effective date of this Circular, they shall submit additional dossiers and documents under this Circular. Within 30 days after receiving adequate additional dossiers and documents, a competent agency shall appraise

Article 31. Effect

1. This Circular lakes effect 45 days from the date of its signing. This Circular replaces the Science and Technology Ministry's Circular No, 05/2006/TT-BKHCN of January 11. 2006, guiding procedures for declaration and grant of registration papers and licenses for radiation-related activities.

2. Any problems arising in the course of implementation should be promptly reported in writing to the Ministry of Science and Technology for consideration and settlement.-

 

 

FOR THE MINISTER OF SCIENCE AND TECHNOLOGY
DEPUTY MINISTER




Le Dinh Tien

* Note: All the appendices mentioned in this Circular are not printed herein.

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