Thông tư 34/2014/TT-BKHCN

CIRCULAR

REGULATIONS ON TRAINING IN RADIATION SAFETY FOR RADIOLOGICAL WORKERS, SAFETY OFFICERS, AND PROVISION OF RADIATION SAFETY TRAINING SERVICES

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

Pursuant to the Government's Decree No. 07/2010/ND-CP dated January 25, 2010 on guidelines for the Law on Atomic Energy;

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

At the request of Director of the Vietnam Agency for Radiation and Nuclear Safety and Director of Legal Department,

The Minister of Science and Technology promulgate regulations on training in radiation safety for radiological workers, safety officers, and provision of radiation safety training services.

Article 1. Scope

This Circular contains regulations on:

1. Radiation safety training requirements; contents and duration of the radiation safety training programs for radiological worker and safety officers.

2. Requirements applied to organizations and individuals providing radiation safety training services.

3. Procedures for issuance of Certificate of registration of radiation safety training services and license for radiation safety training.

Article 2. Regulated entities

This Circular applies to organizations and individuals doing radiological works, radiological workers, safety officers, organizations and individuals providing radiation safety training services, and relevant regulatory agencies.

Article 3. Provision of training in radiation safety for radiological workers

1. Radiological workers must be provided with the radiation safety training programs that is suitable for their works, issued with certificate of training in radiation safety, and may only do radiological works after they have obtained the certificate of training in radiation safety.

2. Radiological workers must take refresher courses in radiation safety every 03 years.

3. Radiological workers must be provided with annual training in internal rules and regulations on radiation safety, procedures for responding to radiation emergencies, new regulations and information on radiation safety.

4. The radiation safety training programs must have satisfactory content and duration according to Article 5 of this Circular and run by an organization that has the Certificate of registration of radiation safety training services.

5. The head of the organization or the individual licensed to do radiological works must ensure that radiological workers are provided with training in radiation safety and only employ the persons that have been trained in radiation safety in accordance with this Article as radiological workers.

Article 4. Provision of training in radiation safety for safety officers

1. Safety officers must be provided with radiation safety training program for safety officers that is suitable for the radiological works and issued with certificate of training in radiation safety for safety officers.

2. Safety officers must take refresher courses in radiation safety every 03 years.

3. The radiation safety training program for safety officers mentioned in Clause 1 and Clause 2 of this Article must have satisfactory content and duration according to Article 5 of this Circular and run by an organization that has the Certificate of registration of radiation safety training services.

4. The head of the organization or the individual licensed to do radiological works must ensure that safety officers are provided with training in radiation safety and only employ the persons that have been trained in radiation safety in accordance with this Article as safety officers.

Article 5. Content of radiation safety training program

1. The radiation safety training program for radiological workers must contain all lessons that are suitable for each type of radiological works according to Appendix I enclosed herewith and newest information at the time of training. In case a radiological worker who has received training in radiation safety for a radiological work and wishes to obtain certificate of training in radiation safety for another work, such radiological worker must attend corresponding lessons and take a test on the contents that were not provided in the previous program.

2. The radiation safety training program for safety officers must contain the lessons of the radiation safety training program for radiological workers that are suitable for all the radiological works at the facility and additional lessons for safety officers according to Appendix I enclosed herewith. Each safety officer must attend all lessons about the radiological works available in the facility.

Article 6. Registration of radiation safety training services

1. Conditions for an organization to obtain the Certificate of registration of radiation safety training services (hereinafter referred to as certificate of registration) are prescribed in Article 69 of the Law on Atomic Energy. To be specific, the organization must:

a) be established and operate in accordance with law;

b) has at least 02 lecturers who have license for radiation safety training

c) have adequate teaching materials according to Article 5 of this Circular;

d) have adequate equipment and devices serving teaching and practicing, including computers, projectors, radiation meters that are suitable for the practicing program;

dd) If an organization has its certificate of registration revoked in the cases mentioned in Clause 5 of this Article, reissuance of the certificate shall only be applied for after 01 years from the date of revocation.

2. Issuance of certificate of registration:

a) The organization shall submit the application to Vietnam Agency for Radiation  and Nuclear Safety directly or by post, pay fees and charges prescribed in Circular No. 76/2010/TT-BTC dated May 17, 2010 on collection, management, and use of fees and charges in the field of atomic energy;

b) The application for the certificate of registration consists of:

- The application form (form No. 1 in Appendix II enclosed herewith);

- A list of lecturers (form No. 6 in Appendix II enclosed herewith);

- Copies of licenses for radiation safety training of lecturers;

- Teaching materials;

- A list of equipment and devices serving teaching and practicing;

- A copy enclosed the original or a certified true copy of the decision on establishment of the organization or Certificate of Enterprise registration or Electronic Registration Certificate;

- Copies enclosed originals or certified true copies of the decisions on employment or employment contracts between the organization and its lecturers;

- The Regulation on provision of radiation safety training services which specifies the organization of training courses, management of learners’ attendance, final test, issuance of certificate of training, method for assessment of teaching quality and management of learners’ profiles;

c) Within 15 working days from the receipt of the satisfactory application, the Vietnam Agency for Radiation and Nuclear Safety shall consider whether to issue the certificate of registration. If the application is rejected, a response and explanation must be provided in writing. The application form No. 8 is provided in Appendix II enclosed herewith.

3. Adjustments to certificate of registration:

a) The certificate of registration shall be adjusted in case of changes to the name, address, or head of the organization;

b) The application for adjustment of the certificate of registration consists of:

- The application form No. 2 in Appendix II enclosed herewith;

- The original certificate of registration;

- A written confirmation of the changes;

c) The organization shall submit the application to Vietnam Agency for Radiation and Nuclear Safety directly or by post, pay fees and charges prescribed in Circular No. 76/2010/TT-BTC dated May 17, 2010 on collection, management, and use of fees and charges in the field of atomic energy;

d) Within 05 working days from the receipt of the satisfactory application, the Vietnam Agency for Radiation and Nuclear Safety shall consider adjusting the certificate.

4. Reissuance of certificate of registration:

a) The certificate may be reissued in case it is too old, damaged or lost;

b) The application for the certificate of registration consists of:

- The application form No. 3 in Appendix II enclosed herewith;

- The original certificate if it is too old or damaged;

- In case the certificate is lost: a confirmation of the loss of the certificate given by a police authority and a confirmation of publication of the loss of the certificate given by a press agency;

c) The organization shall submit the application to Vietnam Agency for Radiation and Nuclear Safety directly or by post, pay fees and charges prescribed in Circular No. 76/2010/TT-BTC dated May 17, 2010 on collection, management, and use of fees and charges in the field of atomic energy;

d) Within 05 working days from the receipt of the satisfactory application, the Vietnam Agency for Radiation and Nuclear Safety shall consider reissuing the certificate.

5. The Vietnam Agency for Radiation and Nuclear Safety is entitled to revoke the certificate of registration in the following cases:

a) The application for issuance of the certificate of registration is found fraudulent;

b) The revocation is requested by a competent authority because the certificate holder commits violations of law.

Article 7. License for radiation safety training

1. The conditions for a person to obtain the license for radiation safety training (hereinafter referred to as practising license) are prescribed in Article 70 of the Law on Atomic Energy. To be specific, the person must:

a) be capable of civil acts.

b) have at least a bachelor’s degree in nuclear physics, nuclear technology, nuclear engineering, or radiochemistry, and have at least 05 years' experience of working in the field of atomic energy if the person applies for the license to provide training in engineering;

c) have at least a bachelor’s degree in law, nuclear technology, nuclear engineering, or radiochemistry, and have at least 05 years' experience of working in a radiation safety authority if the person applies for the license to provide training in law;

d) Have experience of teaching at training institutions.

2. Issuance of practising license:

a) The applicant shall submit the application for the practising license to Vietnam Agency for Radiation and Nuclear Safety directly or by post, pay fees and charges prescribed in Circular No. 76/2010/TT-BTC dated May 17, 2010 on collection, management, and use of fees and charges in the field of atomic energy;

b) The application for the practising license consists of:

- The application form No. 4 in Appendix II enclosed herewith;

- A résumé of the applicant (form No. 7 in Appendix II enclosed herewith);

- Confirmations of the person’s working experience given by the person’s previous employers;

- Certified true copies or copies enclosed with the originals of the person’s qualifications;

- 03 pictures (3 cm x 4 cm);

c) Within 10 working days from the receipt of the satisfactory application, the Vietnam Agency for Radiation and Nuclear Safety shall consider whether to issue the practising license. If the application is rejected, a response and explanation must be provided in writing. The application form No. 9 is provided in Appendix II enclosed herewith.

3. Reissuance of practising license:

a) The practising license may be reissued in case it is too old, damaged or lost;

b) The application for reissuance of the practising license consists of:

- The application form No. 5 in Appendix II enclosed herewith;

- The original practising license in case it is too old, damaged or lost;

- In case the certificate is lost: a confirmation of the loss of the license given by a police authority and a confirmation of publication of the loss of the license given by a press agency;

c) The applicant shall submit the application for reissuance of the practising license to Vietnam Agency for Radiation and Nuclear Safety directly or by post, pay fees and charges prescribed in Circular No. 76/2010/TT-BTC dated May 17, 2010 on collection, management, and use of fees and charges in the field of atomic energy;

d) Within 05 working days from the receipt of the satisfactory application, the Vietnam Agency for Radiation and Nuclear Safety shall consider reissuing the practising license.

4. The Vietnam Agency for Radiation and Nuclear Safety is entitled to revoke the practising license in the following cases:

a) The application for issuance of the practising license is found fraudulent;

b) The revocation is requested by a competent authority because the license holder commits violations of law.

Article 8. Conditions for provision of radiation safety training services

1. The organization that provides radiation safety training services (hereinafter referred to as radiation safety training institution) must be granted a certificate of registration by the Vietnam Agency for Radiation and Nuclear Safety.

2. Persons who run radiation safety courses (hereinafter referred to as courses) must have practising licenses.

3. When running a course, the radiation safety training institution must perform the following tasks:

a) Issue decision to run the courses which specifies its name, location, time, list of lecturers, and send a plan for running the course to the Vietnam Agency for Radiation  and Nuclear Safety at least 05 working days before the beginning day of the course;

b) Run the course in accordance with regulations on training content and duration in Article 5 of this Article; only hire lecturers who have practising licenses, at least one of whom is an employee of the institution;

c) Cooperate with the Vietnam Agency for Radiation and Nuclear Safety in inspecting and supervising the course;

d) Issue certificates of training in radiation safety for learners who adequately attend the course and pass the final test. The certificate template is provided in Appendix III enclosed herewith;

dd) Make and send documents about the course to the Vietnam Agency for Radiation and Nuclear Safety after the course is completed, including:

- A list of learners issued with the certificate of training in radiation safety;

- Learners’ comments on the training program, quality of lecturers, and organization of the course.

4. The radiation safety training institution must make and retain documents about the courses.

Article 9. Responsibility of the Vietnam Agency for Radiation and Nuclear Safety

1. Carry out assessment and issue certificates of registrations and practising licenses.

2. Inspect the adherence to regulations on provision of training in radiation safety for radiological workers and safety officers of organizations and individuals doing radiological works.

3. Inspect the adherence to regulations on provision of radiation safety training services by radiation safety training institutions.

4. Appoint officials to supervise training courses;

Article 10. Transitional clause

1. The organizations that obtained the certificates of registration before the effective date of this Circular must take measures to fulfill the conditions for provision of radiation safety training services prescribed in this Circular, submit additional teaching materials, copies of practising licenses of lecturers, list of equipment and devices serving the teaching and practicing to the Vietnam Agency for Radiation and Nuclear Safety by March 01, 2015. Such organizations may also apply for replacement of the old certificate of registration without paying any fee or charge. The procedures for replacement of the old certificate are the same as the procedures for issuance of new certificates prescribed in this Circular.

2. The organizations that have submitted applications for the certificate of registration before the effective date of this Circular and have not been granted the certificate must submit additional documents in accordance with this Circular.

Article 11. Effect

1. This Circular comes into force from January 15, 2015.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology for consideration./.