Thông tư 17/2013/TT-BKHCN

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PROVISIONS ON DECLARATION OF THE ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE INTERNATIONAL ATOMIC ENERGY AGENCY INVOLVING THE APPLICATION OF SAFEGUARDS ACCORDING TO THE TREATY ON THE NON- PROLIFERATION OF NUCLEAR WEAPONS

Pursuant to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards according to the Treaty on the Non-Proliferation of Nuclear Weapons, which was concluded on October 02, 1989, and took effect on February 23, 1990;

Pursuant to the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency involving the Application of Safeguards according to the Treaty on the Non- Proliferation of Nuclear Weapons, which was concluded on August 10, 2007, and took effect on September 17, 2012;

Pursuant to the June 03, 2008 Law on Atomic Energy;

Pursuant to the Government’s Decree No. 20/2013/ND-CP of February 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the director of the Vietnam Agency for Radiation and Nuclear Safety;

The Minister of Science and Technology promulgates the Circular guiding the implementation of the provisions on declaration of the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency involving the Application of Safeguards according to the Treaty on the Non-Proliferation of Nuclear Weapons.

Article 1. Scope of regulation

This Circular guides the implementation of the provisions on declaration of the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency involving the Application of Safeguards according to the Treaty on the Non-Proliferation of Nuclear Weapons.

Article 2. Subjects of application

This Circular applies to:

1. Organizations and individuals that conduct research and development activities involving the nuclear fuel cycle but not use nuclear materials.

2. Organizations and individuals that have:

a) Facilities subject to nuclear control, including those which have ceased activities related to nuclear materials or source nuclear materials and moved nuclear materials or source nuclear materials;

b) One or less than one effective kilogram of nuclear materials or source nuclear materials, including nuclear materials or source nuclear materials which have been already moved;

c) Nuclear materials or source nuclear materials which are exempted according to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency involving the Application of Safeguards according to the Treaty on the Non- Proliferation of Nuclear Weapons.

3. Organizations and individuals that are engaged in:

a) Production or assembly of equipment and materials in the nuclear fuel cycle specified in Annex I enclosed to this Circular;

b) Exploitation or processing of uranium and thorium ores;

c) Import, export, use or storage of source nuclear materials which have neither yet finished nor of purity suitable to the nuclear fuel generation or isotope enrichment, including also import and export of source nuclear materials for non-nuclear purposes;

d) Storage or disposal of radioactive waste containing highly enriched plutonium or uranium or uranium-233, but excluding the re-packaging, conditioning, or separation of elements for storage or burial;

e) Import or export of materials and equipment used in the nuclear fuel cycle.

Article 3. Interpretation of terms

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

1. Research and development involving the nuclear fuel cycle mean research and development activities in transmutation of nuclear materials; enrichment of nuclear materials; manufacture of nuclear materials; nuclear reactors, limit structures; nuclear fuel recycling; disposal of radioactive wastes containing highly enriched plutonium or uranium or uranium-233 (exclusive of re-packaging or conditioning for storage or burial, and not separation of elements).

2. Highly enriched uranium means uranium containing 20% or more than 20% of uranium-235 isotope.

3. Zone means an area delimited in respective engineering information of a facility subject to nuclear control or a facility that has one or less than one effective kilogram of nuclear materials or source nuclear materials in constant use.

Article 4. Provisions on declaration

1. Declaration for first time

a) Organizations or individuals that conduct the activities as prescribed in Clauses 1 and 2, and at Points a, b, c and d, Clause 3, Article 2 of this Circular and are granted certificates of business registration or operation registration after this Circular takes effect shall conduct declaration for the first time with the Vietnam Agency for Radiation and Nuclear Safety within 45 days after obtaining certificates of business registration or operation registration.

Organizations or individuals that conduct the activities as prescribed at Point d, Clause 3 of Article 2, upon disposing radioactive wastes, shall declare with the Vietnam Agency for Radiation and Nuclear Safety not later than 210 days before conducting the disposal.

Organizations or individuals that conduct the activities as prescribed in Clauses 1 and 2, and at Points a, b, c and d, Clause 3, Article 2 of this Circular, and are granted certificates of business registration or operation registration before or on the effective date of this Circular, shall conduct declaration for the first time with the Vietnam Agency for Radiation and Nuclear Safety within 45 days from the effective date of this Circular.

b) Organizations or individuals that conduct the activities prescribed at Point e, Clause 3, Article 2 of this Circular shall conduct declaration as prescribed in Article 5 of the Circular No. 25/2012/TT-BKHCN dated December 12, 2012, of the Minister of Science and Technology, providing the list of and requirements for controlling materials and equipment used in the nuclear fuel cycle.

2. Annual declaration

Organizations and individuals that conduct declaration for the first time as prescribed in Clause 1 of this Article shall make and send annual declarations to the Vietnam Agency for Radiation and Nuclear Safety before January 31 every year.

3. Additional declaration

Organizations and individuals that conduct the activities as prescribed in Article 2 of this Circular shall make additional declarations according to Form No. 09/AP-KSHN in Annex II enclosed to this Circular as required by the Vietnam Agency for Radiation and Nuclear Safety.

An organization or individual shall make and send a declaration to the Vietnam Agency for Radiation and Nuclear Safety within 15 days after receiving a written request.

4. Organizations and individuals that conduct the activities as prescribed in Article 2 of this Circular must make declaration on their ten-year master plans according to Form No. 08/AP-KSHN in Annex II enclosed to this Circular and send them to the Vietnam Agency for Radiation and Nuclear Safety together with their declarations for the first time and annual declarations.

Article 5. Dossier of declaration

1. A declaration form according to the respective form provided in Annex II enclosed to this Circular.

2. Technical documents, which are accompanied with materials and equipment.

3. Other relevant documents as required by the Vietnam Agency for Radiation and Nuclear Safety.

Article 6. Responsibilities of organizations and individuals to make declarations

Organizations and individuals that make declarations as prescribed in Article 4 of this Circular shall:

1. Make truthful and sufficient declarations.

2. Coordinate with the Vietnam Agency for Radiation and Nuclear Safety in verifying the declared information.

3. Facilitate for competent officers of the Vietnam Agency for Radiation and Nuclear Safety and international inspectors to appraise the declared information.

4. Appoint at least one person to take responsibility for declaration as prescribed in this Circular.

Article 7. Effect

1. The Vietnam Agency for Radiation and Nuclear Safety shall guide, urge and inspect organizations and individuals in making declarations as prescribed in this Circular.

2. This Circular takes effect on September 16, 2013.

3. During the course of implementation, any problems arising should be promptly reported to the Ministry of Science and Technology for consideration, amendment or supplementation.