Nghị định 107/2013/ND-CP

DECREE

PROVIDING ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN ATOMIC ENERGY

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on sanctioning of administrative violations dated June 20, 2012;

Pursuant to the Law on atomic energy dated June 03, 2008;

At the proposal of Minister of science and technology;

The Government promulgates the Decree providing on sanctioning of administrative violations in atomic energy;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the administrative violations, the sanctioning form and rate, remedial measures, the authority of sanctioning administrative violations in atomic energy, including administrative violations in science study and technology development operation in atomic energy; construction, operation, maintenance, exploitation, management and dismantlement of nuclear facilities, radiation facilities; exploration, exploitation, processing, and use of radioactive ores; production, storage, use, transport, transfer, export, import of radioactive sources, radiation equipment, nuclear fuel, source nuclear material, nuclear material and nuclear equipment; processing and storage of radioactive waste and support services applying atomic energy.

2. For administrative violations related to atomic energy not prescribed in this Decree, if they are specified in other Decrees on sanctioning of administrative violations, such Decrees shall be applied for sanction.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Inspection over medical X-ray equipment means examination on quality of X-ray equipment used in medical diagnosis, determination and certifying on the working regime of equipment implemented by organizations permitted examining by competent state agencies.

2. Calibration means correction of errors of radiation equipment, radiation measurement equipment with standard measurement equipment or standard radiation source to ensure the accuracy of equipment.

3. Change of operational scale and scope of radiation facility means change of position of radiation source installed permanently, change of operation limitation in comparison with provision in license, change of technical parameters of radiation equipment influenced to safety or change of structure of system for radiation safety assurance.

4. Radiation measurement equipment are devices, instruments used for measuring radioactive doses, radioactivity, and identifying radioactive isotopes.

5. Radioactive waste generated from production, pilot production, processing, and exploitation of ores, minerals being secondary products or waste containing natural radioactive kernels able to cause the effective dose for the public exceeding 1 mSv per annum.

6. Radioactive decontamination is the elimination or reduction of radioactive contamination to an acceptable level through physical, chemical, or biological processes.

Article 3. Remedial measures

Apart from forms of the primary sanction, additional sanction, organizations and individuals that commit violations may also be applied one or some of remedial measures below:

1. Forcible implementation of measures for ensuring radiation safety and nuclear safety;

2. Forcible search, retrieval of radioactive substances, the items contaminated radioactivity, radioactive materials, radioactive sources, source nuclear material, and nuclear equipment;

3. Forcible decontamination of contaminated areas to meet National Technical Regulation on environment;

4. Forcible re-export of radioactive substances, radioactive sources, radioactive waste, consumables which have been irradiated or contain radioactive substances, source nuclear materials, nuclear materials, nuclear equipment;

5. Forcibly not arranging radiological workers with results of personal exposure which are high abnormally to continue do the radiological job;

6. Forcible implementation of measures to limit maximally the adverse impacts to environment;

7. Forcible environmental recovery;

8. Forcible dismantlement of construction works, parts of construction works without license, not proper with license, or not proper with the approved design;

9. Forcible access of data on personal occupational exposure into the national database on occupational exposure;

10. Forcible withdrawal of the provided service results;

11. Forcible withdrawal of the granted safety examination certificate.

Article 4. Provisions on the fine levels and sanctioning authority for individuals, organizations 

1. The fine levels for administrative violations specified in Chapter 2 of this Decree are fine levels imposed for individuals, except for administrative violations specified in Clause 9 Article 6; Clause 3 Article 7; Clauses 5, 6, 7, 8 of Article 14; Clause 2 Article 15; Clause 2 Article 22; Articles 24, 25 and 26; Clause 3 Article 27 and Clause 2 Article 40 of this Decree.  The maximum fine level imposed for individuals shall be VND 1,000,000,000.

The fine level for a same administrative violation committed by an organization shall be equal to twice of the fine level imposed for an individual. The maximum fine level imposed for organizations shall be VND 2,000,000,000.

2. The authority to impose sanctions against administrative violations of persons defined in Articles from 43 thru 45 of this Decree is the authority applied to an administrative violation of individual.  In case of fine, the authority to impose sanctions for organizations shall be more than twice of the authority to impose sanctions for individuals.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS, AND REMEDIAL MEASURES

SECTION 1. ADMINISTRATIVE VIOLATIONS REGARDING MAKING STATEMENTS AND LICENSING

Article 5. Violating provisions on making statements on radioactive substances, radioactive waste, radioactive sources which have been used, radiation equipment, nuclear materials, nuclear equipment, nuclear fuels which have been used

1. A warning or fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Failing to make statements with competent state agencies within 07 working days, from the day when X-ray equipment for medical diagnosis, Veterinary X-ray equipment are obtained;  

b) Failing to make additional statements with competent state agencies about the changed information in comparison with the application for licensing radiological works in terms of names of the applicant and the safety workers, address of the facilities, and the condition of radiological equipment within 10 working days from the day on which the change is made;

c) Failing to provide sufficient information about radiation sources according to regulations.

2. A fine of between VND 2, 000,000 and 5,000,000 for one of the following acts:

a) Failing to make statements with competent state agencies within 07 working days, from the day when radioactive substances and radiological equipment are obtained as prescribed in point a Clause 1 of this Article;

b) Failing to make statements on use of radioactive sources, radiation equipment with competent state agencies where carrying out radiation activities of facilities with the movable radiation activities;

c) Failing to make statements with competent state agencies about handing over, transfer of radiation equipment  within 10 working days, from the day when radiation equipment  are moved out facilities.

3. A fine of between VND 3, 000,000 and 6,000,000 for one of the following acts:

a) Failing to make statements on the radioactive waste produced by radiological works;

b) Failing to make statements on the radioactive waste produced by production, pilot production, processing, exploration and exploitation of ores, minerals;

c) Failing to make statements on radioactive sources which have been used within 30 working days, from the day when radiation sources are no longer used;

d)  Failing to make statements every time when  receiving radioactive wastes, radioactive sources which have been used while operating warehouses of processing, storing national radioactive waste, service activities of processing, storing radioactive wastes, radioactive sources which have been used.

4. A fine of between VND 10, 000,000 and 20,000,000 for one of the following acts:

a) Failing to make statements on the source nuclear materials, nuclear materials, nuclear equipment, and nuclear fuel which have been used;

b) Failing to make statements on the radioactive waste produced by the nuclear facilities;

c) Failing to provide sufficient information about nuclear materials and nuclear equipment according to regulations.

5. The additional sanctioning forms:

Suspension of the operation of using nuclear equipment from 01 month to 03 months, applicable to the violations specified in point a Clause 4 of this Article.

Article 6. Violating provision on licensing for carrying out radiation job

1. A fine of between VND 2,000,000 and 5,000,000 for carrying out the radiation jobs when the licenses have been expired for no more than 30 working days.

2. The act of carrying out radiation jobs when the licenses have been expired for more than 30 working days shall be sanctioned according to Clauses 3, 4, 5, 6, 7, 8 and 9 of this Article.

3. A fine of between VND 3,000,000 and 6,000,000 for using X-ray equipment for medical diagnosis, veterinary X-ray equipment without licenses.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts without licenses:

a) Using radioactive substances, radiation equipment, except for equipment defined in Clause 3 point a Clause 6 of this Article;

b) Storing radioactive sources;

c) Exporting, importing, temporary exporting for re-import, temporary importing for re-export radioactive substances;

d) Changing the operational scale or scope of the radiation facilities;

dd) The activities that produce radioactive wastes, except for the activities in Clauses 5, 6, 7, 8, and 9 of this Article.

5. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts without licenses:

a) Transporting radiation sources and radioactive wastes;

b) Treating, storing, or burying radioactive wastes and used radiation sources

6. A fine of between VND 20,000,000 and 35,000,000 for one of the following acts without licenses:

a) Using particle accelerators; industrial irradiators, radiotherapy equipment, gamma-knife, industrial radiographic equipment, gamma field and gamma cell equipment system;

b) Transporting radioactive substances and radioactive waste for transit in Vietnam’s territory;

c) Producing and processing radioactive substances;

d) Exploring, exploiting, and processing radioactive ore.

7. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts without licenses:

a) Exporting, importing, temporary exporting for re-import, temporary importing for re-export source nuclear materials, nuclear materials and nuclear equipment;

b) Using nuclear materials outside the nuclear fuel cycle;

c) Changing the operational scale or scope of the radiation facilities;

d) Transporting the source nuclear materials, nuclear materials, nuclear fuel, and the used nuclear fuel;

dd) Processing, storing, burying nuclear fuels which have been used.

8. A fine of between VND 40,000,000 and 70,000,000 for one of the following acts without licenses:

a) Transporting the source nuclear materials, nuclear materials, nuclear fuels, the used nuclear fuels in transit on Vietnam’s territory;

b) Operating the ships, vehicles, equipment, and machinery with motor run by nuclear energy.

9. A fine of between VND 200,000,000 and 400,000,000 shall be imposed for organizations conducting operation, pilot operation of nuclear reactors without licenses.

10. The additional sanctioning forms:

a) Suspension of the operation of using radioactive source, radiation equipment from 01 month to 03 months, applicable to the violations specified in Clause 1, Clause 2, Clause 3, point a Clause 4, point a Clause 6 of this Article;

b) Suspension of the operation of using equipment, vehicles, machinery, motors, and nuclear reactors from 01 month to 03 months, applicable to the violations specified in point b Clause 8, Clause 9 of this Article.

11. Remedial measures:

a) Forcible re-export of imported radioactive substances, for violations in point c, Clause 4 of this Article;

b) Forcible re-export of the imported source nuclear materials, nuclear materials and nuclear equipment, for violations specified in point a Clause 7 of this Article.

Article 7. Violating the conditions stated in licenses for carrying out radiation jobs

1. A fine of between VND 2,000,000 and 5,000,000, for acts violating one of conditions stated in licenses, except for violations sanctioned according to other terms defined in this Decree.

2. A fine of between VND 3,000,000 and 6,000,000, for act of using radioactive source, radiation equipment into jobs other than jobs defined in licenses for carrying out the radiation jobs.

3. A fine of between VND 20,000,000 and 40,000,000, for organizations with nuclear facilities not complying with contents stated in licenses, except for violations specified in Clause 3 Article 18 of this Decree.

4. The additional sanctioning forms:

Deprive of the right to use license for carrying out radiation jobs from 01 month to 03 months, for violations specified in Clause 2 and Clause 3 of this Article;

SECTION 2. ADMINISTRATIVE VIOLATIONS REGARDING RADIATION SAFETY, NUCLEAR SAFETY

Article 8. Violating provision on controlling exposure for the public, radiological workers

1. A warning or fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Not having instruction on using personal dosimeters affixed at working place of radiological workers;

b) Not notifying results of personal dose assessment for radiological workers;

2. A fine of between VND 3, 000,000 and 6,000,000 for one of the following acts:

a) Letting the exposure incurred by members of the public and radiological workers exceed the limits according to regulation;

b) Failing to periodically examine the working place of radiological workers according to regulations or at least once every year;

c) Failing to equip the personal dosimeters for radiological workers;

d) Failing to assess personal dose of radiological workers at least once every 3 months;

dd) Failing to have measures to handle when result of personal dose is high abnormally.

3. Remedial measures:

Forcibly not arranging the radiological workers with result of personal dose which is high abnormally to continue doing radiation jobs, for violation specified in point dd Clause 2 of this Article.

Article 9. Violating provision on controlling exposure applicable to metal scraps contaminated by radioactivity

1. A fine of between VND 4,000,000 and 8,000,000, for act of not reporting competent state agencies within 24 hours, after detecting radioactive substances, items contaminated by radioactivity mixed in metal scraps, in semi-product billet.

2. A fine of between VND 5,000,000 and 10,000,000, for act of not monitoring, detecting radioactive substances, items contaminated by radioactivity mixed in metal scraps, in semi-product billet when exporting, importing, producing, circulating, re-producing metal scraps, billet.

3. Remedial measures:

Forcible revocation of radioactive substances, items contaminated by radioactivity; forcible radioactive decontamination for the contaminated areas, for violations specified in Clause 2 of this Article;

Article 10. Violating provisions on control areas, supervision areas

1. A fine of between VND 2, 000,000 and 5,000,000 for one of the following acts:

a) Not having radiation notice boards, signboards warning radiation at control areas, supervision areas;

b) Not having regulations of going out and entering the control areas, supervision areas;

c) Failing to arrange person to supervise the going out and enter of the control areas;

2. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts:

a) Failing to setup the control areas at places with potential radioactive dose of more than or equal to 6 mSv/year, except for violation specified in Clause 3 of this Article;

b) Failing to setup the supervision areas at places with the potential radioactive dose of more than 1mSv/year and less than 6mSv/year.

3. A fine of between VND 5,000,000 and 10,000,000, for act of not setting up the control areas at places with the potential radioactive dose of more than or equal to 6 mSv/year, when using radiotherapy  machines, particle accelerators, industrial irradiator, control rooms of nuclear reactors.

4. Remedial measures:

Forcible implementation of measures for ensuring radiation safety and nuclear safety, for violations specified in Clauses 1, 2 and 3 of this Article.

Article 11. Violating provisions on controlling surface contamination, air contamination, for facilities using unclosed radioactive sources

A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

1. Failing to equip system of fume hood;

2. Failing to use materials easy to make radioactive decontamination for walls, floors and table face;

3. Failing to have air ventilation system with radiation filters;

4. Failing to equip instrument to measure exposure dose, machine of radioactive contamination measurement in order to monitor and assess the level of radioactive contamination.

Article 12. Violating provisions on inspection, and calibration of radiation measurement equipment and radiological equipment, radiotherapy sources

1. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Failing to conduct periodical inspection for X-ray equipment used in medical diagnosis according to regulations;

b) Failing to calibrate radiation measurement equipment according to regulations;

c) Failing to periodically calibrate the medical radiotherapy sources according to regulations;

d) Using radiation equipment which are not calibrated or not yet been permitted to use again by competent state agencies after the repair have been implemented for medical examination and treatment;

dd) Using radioactive sources, radiation equipment not meeting requirements on quality for diagnosis and medical treatment in medical examination and treatment.

2. The additional sanctioning forms:

Suspension of the operation of using the radiation measurement equipment, radiation equipment, radiotherapy sources, from 01 month to 03 months, for violation specified in Clause 1 of this Article.

Article 13. Violating provision on labor protection for radiological workers

1. A warning or fine of between VND 500,000 and 1,000,000, for act of not guiding in writing for radiological workers in using instruments of individual labor protection, equipments to control exposure dose, equipment to examine the radioactive contamination.

2. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to equip the appropriate protective instruments for person working with the unclosed radioactive sources;

b) Failing to equip the appropriate protective instruments for persons using X-ray equipment to take a picture, radiate, diagnose.

3. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts when managing and using the unclosed radioactive sources:

a) Failing to equip the appropriate measurement machine to control exposure dose for persons working at control areas;

b) Failing to arrange place for washing hands, bathrooms, area to store clothes, items contaminated by radioactivity, equipment to measure the radioactive contamination of body, clothes, items  at the exit of control area before leaving the control area.

c) Equipping equipment to control exposure, equipment to examine radioactive contamination specified in point a, point b Clause 3 of this Article not in conformity with the national technical regulation, international standards and regulations.

4. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Failing to provide appropriate protective instruments for persons operating the interference X-ray equipment, persons participating in conducting the interference X-ray manipulation;

b) Failing to provide tongs to pick up radioactive source, and gloves for persons working with radioactive source in geographical and physical exploration of drilling well.

5. The additional sanctioning forms:

Suspension of the operation of using equipment to control exposure, equipment to examine radioactive contamination, from 01 month to 03 months, for violations specified in point c Clause 3 of this Article.

Article 14. Violating the provisions on dossier of radiation and nuclear safety

1. A fine of between VND 2,000,000 and 5,000,000 for act of not storing one of the following documents:

a) Conclusions of the inspection and examination of documents about the fulfillment of the requirements of competent state agencies;

b) Reports on safety assessment of radiological works.

2. A fine of between VND 3,000,000 and 6,000,000 for act of failing to make or not storing one of the following dossiers and documents:

a) Documents about radiation sources, radiological equipment, the changes, repair, and upgrade of radiological equipment;

b) Dossier on the decontamination, measurement in working areas of radiological workers;

c) Dossier of maintenance, inspection, and calibration of radiation measurement equipment and radiological equipment;

d) The journal of the operation and use of radiological equipment and radiation sources;

dd) Documents about accidents while doing radiological works;

e) Training documents, documents about health of radiological workers;

g) Documents about radiation doses of radiological workers;

h) The application for the license for radiological works;

i) Documents on the treatment, storage, and burial of radioactive waste;

k) Documents about the radioactive delivery when transport radioactive material.

3. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Failing to send documents specified in point b Clause 1, points a, b, c, d, e and g Clause 2 of this Article to the competent state agencies before terminating operation;

b) Failing to send documents specified in point a and point c Clause 2 of this Article to the new owning and using facility, in case where the radioactive source, radiation equipment are send to new facility.

4. A fine of between VND 6,000,000 and 12,000,000 for act of not storing reports on safety analysis for radiation facility when apply for license for construction, change of operational scale and scope, operational termination according to regulation.

5. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for organizations failing to make or failing to store one of the following dossiers and documents:

a) Documents about nuclear material, nuclear equipment, the changes, repair, and upgrade of nuclear equipment;

b) Dossier of maintenance and inspection of nuclear equipment.

6. A fine of between VND 50,000,000 and 80,000,000 shall be imposed for organizations failing to make dossiers of upgrade of nuclear facility.

7. A fine of between VND 100,000,000 and 160,000,000 shall be imposed for organizations failing to store reports on safety analysis in the application for the approval of location of nuclear power plant.

8. A fine of between VND 120,000,000 and 200,000,000 shall be imposed for organizations failing to store dossiers of upgrade of nuclear facility.

Article 15. Violating the provision on certificates of radiological workers

1. A fine of between VND 3,000,000 and 6,000,000 for appointing employees without certificates in radiology to undertake one of the following jobs:

a)  Being in charge of safety;

b) Being in charge of decontamination;

c) Operating particle accelerators;

d) Operating irradiators

dd) Producing radioactive isotopes;

e) Doing industrial radiographic works.

2. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for organizations appointing employees without certificates in radiology to undertake one of the following jobs:

a) Chief engineers of nuclear reactors;

b) Foremen of nuclear reactors;

c) Officers in charge of responding to radiation accidents or nuclear accidents;

d) Nuclear fuel keepers;

dd) Nuclear reactor operators.

Article 16. Violating the provision on reporting the safety of radiological works

1. A fine of between VND 2,000,000 and 5,000,000, for act of not reporting the safety of radiological works of facilities conducting radiological works to competent state agencies every year.

2. A fine of between VND 6,000,000 and 12,000,000, for act of not reporting the safety of radiological works of nuclear facilities to competent state agencies every year.

Article 17. Violating the provision on transport of radioactive material

1. A fine of between VND 3,000,000 and 6,000,000, for act of failing to pack radioactive materials in radioactive shipments of the consignor according to regulations.

2. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts of the transporting party:

a) Failing to stick the radioactive warning labels on means of transport during transport of radioactive substances;

b) Failing to make plan on responding accidents at grassroots according to regulations;

c) Failing to formulate plan, failing to perform plan to ensure safety, security according to regulations;

d) Using the means of transport not consistent with provisions on radiation safety;

dd) Failing to appoint officers to be responsible for radiation safety during the transport;

e) Transporting the shipments, goods of radioactive substances that exceed the transport limits according to regulations;

g) Transporting radioactive substances while the radiation dose at the cabin and seats exceed the limits of radiation safety;

h) Failing to fulfill technical measures to ensure safety during the transport;

i) Failing to send reports to competent state agencies within 24 hours when the radiation shipment is not received.

3. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) The consignee fails to inform the consignor or the competent state agencies within 24 hours when finding the shipment is not conformable with the delivery contract in terms of category and quantity; of the shipment is suspected of being damaged, unsealed, or radioactive leak;

b) The keeper of the shipment at the transshipment warehouse fails to inform the competent state agencies within 24 hours when the shipment is suspected of being damaged, unsealed, or radioactive leak, or the shipment is not received.

4. A fine of between VND 50,000,000 and 100,000,000 for act of letting radioactive materials spill or leak during the transport.

5. Remedial measures:

Forcibly finding and gathering radioactive materials that are lost, spilled, or leaked; decontaminating the contaminated areas to meet national technical regulations on environment, for violation specified in Clause 4 of this Article.

Article 18. Violating the provisions on production, sale, and import of consumables which have been irradiated or contain radioactive substances, import of radiation equipment, nuclear equipment, radioactive sources, and radioactive substances

1. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Importing, selling consumables which have been irradiated or contain permitted radioactive substances without indicating this information on their labels;

b) Importing radioactive materials, radiological equipment inconsistently with the technical parameters, quantity, characteristics, and origins in the license.

2. A fine of between VND 8,000,000 and 15,000,000 for one of the following acts:

a) Importing consumables which have been irradiated not belong to the list permitted to import or belong to the list permitted to import but already been irradiated or contained radioactive substances exceeding the prescribed limits;

b) Producing or selling consumables with the radioactivity higher than the prescribed limit.

3. A fine of VND 10,000,000 and 20,000,000, for import of nuclear equipment inconsistently with the technical parameters, quantity, characteristics, and origins in the license.

4. A fine of between VND 30,000,000 and 50,000,000, for act of importing the radiation equipment, radioactive sources not falling in the list of goods permitted to import.

5. A fine of between VND 150,000,000 and 300,000,000, for act of importing the radioactive waste.

6. Remedial measures:

a) Forcible revocation of goods for destruction, for violation in point b, Clause 2 of this Article;

b) Forcible re-export of radioactive material, radiation equipment, consumables which have been irradiated, nuclear equipment, radioactive waste, for violations in point b clause 1, point a clause 2, Clause 3, Clause 4 and Clause 5 of this Article.  

Article 19. Violating the provisions on resolving radiation and nuclear accidents

1. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Failing to formulate, organize implementation of plan to response radiation accidents at grassroots, except for violation specified in point b Clause 2 Article 17 of this Decree;

b) Failing to notify competent state agencies about locations happening accidents and concerned information within 24 hours, since detecting radiation accidents;

c) Failing to provide information and documents, failing to cooperate with agencies and organizations in remedying and investigating causes of the radiation accident;

d) Failing to comply with or complying insufficiently and untimely with the order of urgent mobilization of the competent state agencies in terms of personnel, supplies, and vehicles for overcoming the radiation accident;

dd) Obstructing or failing to comply with guidance when agencies, organizations overcome the radiation accident;

e) Failing to determine causes of the radiation accident according to regulations.

2. A fine of between VND 20,000,000 and 40,000,000 for one of the following acts:

a) Failing to notify competent state agencies about locations happening accidents and concerned information within 24 hours, since detecting nuclear accidents;

b) Failing to provide information and documents, failing to cooperate with agencies and organizations in remedying and investigating causes of the nuclear accident;

c) Failing to comply with or complying insufficiently and untimely with the order of urgent mobilization of the competent state agencies in terms of personnel, supplies, and vehicles for overcoming the nuclear accident;

d) Obstructing or failing to comply with guidance when agencies, organizations overcome the nuclear accident;

dd) Failing to determine causes of the nuclear accident according to regulations.

3. A fine of between VND 50,000,000 and 100,000,000, for act of letting radiation accidents happen, except for violation sanctioned according to other provisions in this Decree.

4. A fine of between VND 500,000,000 and 1,000,000,000, for act of letting nuclear accidents happen, in case violation not to the extent of being examined for criminal liability.

5. Remedial measures:

Forcibly finding and gathering radioactive sources, nuclear materials; forcible decontamination of the contaminated areas to meet national technical regulations on environment, for violations specified in Clause 3, Clause 4 of this Article.

Article 20. Violating the provisions on storing, treating, and burying the radioactive waste, used radiation sources, and spent nuclear fuel

1. A fine of between VND 2,000,000 and 5,000,000, for act of failing to formulate plan to classify and treat the radioactive waste.

2. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts:

a) Classifying and treating radioactive waste and used radiation sources not according to the formulated plan or at variance with National Technical Regulations or international regulations and standards;

b) Failing to perform measures to minimize radioactive waste at the sources;

c) Failing to separate radioactive waste from ordinary wastes during the collection and treatment.

3. A fine of between VND 8,000,000 and 15,000,000 for one of the following acts:

a) Failing to make burial reports upon burying radioactive waste;

b) Failing to make burial maps and send them to competent state agencies upon burying radioactive waste.

4. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Using nuclear fuel without a plan for safely treating and storing spent nuclear fuel;

b) Treating the spent nuclear fuel at variance with National Technical Regulations or international regulations and standards.

5. A fine of between VND 50,000,000 and 80,000,000 for one of the following acts:

a) Building depositories for storing national radioactive waste or burying radioactive waste without approval of competent state agencies;

b) Selecting locations to build depositories for storing national radioactive waste or burying radioactive waste not according to National Technical Regulations or international regulations and standards;

6. Remedial measures:

Forcible dismantlement of construction works, for violation in point a, Clause 5 of this Article.

Article 21. Violating the provision on processing, disposing of contaminated items

1. A fine of between VND 5,000,000 and 10,000,000, for act of failing to take necessary measures for storing and processing contaminated items according to regulation.

2. A fine of between VND 10,000,000 and 20,000,000, for act of disposing the contaminated items of which the level of contamination is higher than the limit.

3. Remedial measures:

a) Forcible revocation of items contaminated radioactivity for storage, processing, for violation in Clause 2 of this Article;

b) Forcible the environmental remediation, for violation in Clause 2 of this Article.

Article 22. Violating the provisions on dismantling and decontaminating radiation facilities and nuclear facilities when terminate operation

1. A fine of between VND 15,000,000 and 30,000,000 for one of the following acts when terminating operation of radiation facilities:

a) Having no decision on recognizing that the radiation facility is no longer responsible for radiation safety from competent state agencies;

b) Failing to submit the plan for dismantling, decontaminating, treating radiation sources and radioactive waste to competent state agencies;

c) Dismantling the radiation facility, decontaminating, treating radiation sources and radioactive waste at variance with the plan approved by competent state agencies;

d) Dismantling or decontaminating at variance with National Technical Regulations or international regulations and standards.

2. A fine of between VND 80,000,000 and 160,000,000 shall be imposed organizations conducting one of the following acts when terminating operation of nuclear facilities:

a) Having no decision on recognizing that the nuclear facility is no longer responsible for radiation and nuclear safety from competent state agencies;

b) Failing to submit the plan for dismantling, decontaminating, treating nuclear fuel, nuclear equipment, and radioactive waste to competent state agencies;

c) Dismantling, decontaminating or treating nuclear fuel, nuclear equipment, radioactive waste at variance with the plan approved by competent state agencies;

d) Dismantling, decontaminating or treating nuclear fuel, nuclear equipment, radioactive waste at variance with National Technical Regulations or international regulations and standards.

3. Remedial measures:

Forcibly decontamination of the contaminated areas to meet national technical regulations on environment, forcible environmental remediation, for violations specified in point d Clause 1, point d Clause 2 of this Article.

Article 23. Violating the provisions on safety assessment and environmental remediation for facilities of exploring, exploiting and processing radioactive ore

1. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Failing to send the report on implementation of measures to minimize negative impacts on the environment to competent state agencies;

b) Failing to send the report on result of making maps of the areas where ore extraction and processing have terminated operation to competent state agencies;

c) Failing to send the report on result of the environmental remediation after each stage of survey, extraction, and processing to competent state agencies;

d) Failing to send the report on result of the environmental remediation after ending entire activities of survey, extraction, and processing to competent state agencies;

2. A fine of between VND 15,000,000 and 30,000,000 for one of the following acts during the survey, extraction, and processing of radioactive ore:

a) Failing to send safety assessment reports to competent state agencies; or sending insufficient safety assessment reports according to regulations;

b) Failing to make a map of the area where ore extraction and processing have terminated operation according to regulations.

3. A fine of between VND 30,000,000 and 50,000,000, for act of failing to take necessary measures minimize negative impacts on environment according to regulations.

4. A fine of between VND 50,000,000 and 80,000,000, for act of failing to conduct the environmental remediation after each stage or after ending entire activities of survey, extraction, and processing.

5. Remedial measures:

a) Forcible execution of necessary measures for minimizing negative impacts on the environment, for the violation in Clause 3 of this Article;

b) Forcible the environmental recovery, for violation in Clause 4 of this Article.

Article 24. Violation the provision on building nuclear facilities or changing of the operational scale and scope of nuclear facilities

1. A fine of between VND 40,000,000 and 70,000,000 shall be imposed for organizations conducting one of the following acts:

a) Building, changing the operational scale and scope of the nuclear facility at variance with the approved design;

b) Failing to stop building the nuclear facility according to the decision of competent state agencies.

2. Remedial measures:

Forcible dismantlement of construction works, or parts of construction works, for violation in point a, Clause 1 of this Article.

Article 25. Violating the provisions on the regime for the observation of environmental radioactivity and reporting observation results, when managing, using nuclear reactors

1. A fine of between VND 60,000,000 and 100,000,000 shall be imposed for organizations conducting one of the following acts:

a) Failing to send reports to competent state agencies about results of periodical observation according to regulations.

b) Failing to report to competent state agencies, within 72 hours from time of detecting unusual observation results which might have negative impacts on the environment and human health;

2. A fine of between VND 100,000,000 and 160,000,000 shall be imposed for organizations failing to conduct the observation of environmental radioactivity at nuclear reactor locations.

Article 26. Violating the provisions on operating nuclear reactors

1. A fine of between VND 60,000,000 and 100,000,000 shall be imposed for organizations conducting act of failing to send reports on the test run and reports on safety analysis of nuclear reactors to competent state agencies.

2. A fine of between VND 300,000,000 and 600,000,000 shall be imposed for organizations conducting act of failing to comply with the regulations on test running the nuclear reactors.

Article 27. Other violations on radiation safety and nuclear safety

1. A warning or fine of between VND 500,000 and 1,000,000 for act of failing to have radiation notice boards, warning signs of radiation danger, notice lamp of radiation operation at the gates of rooms laid and run equipment when using X-ray equipment for medical diagnosis, veterinary X-ray equipment.

2. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts when managing, using radioactive sources, radiation equipment:

a) Failing to have radiation notice board, warning signs of radiation danger, radiation warning lamps, notice lamp of radiation operation at the gates of rooms laid and run radiation equipment, except for violations specified in Clause 1 of this Article;

b) Failing to have warning signs of radioactive danger at place laying radioactive source;

c) Failing to have the radiation warning equipment for facilities possessing particle accelerators, irradiators for sterilization, material processing devices, and industrial radiographic equipment, radiotherapy facilities, facilities of exploiting and processing radioactive ores;

d) Failing to have the appropriate regulations on radiation safety and process of working;

dd) The radiation safety regulations are lacked one of provisions about: the procedure of working; safety instructions; wearing the personal dosimeters; use of personal labor protective instruments; use of radiation test equipment; notification with the responsible persons when having abnormal phenomenon may cause insecurity;

e) Radiological workers failing to implement or implement insufficiently the radiation safety regulations, the procedure of working;

g) Failing to appoint a person in charge of safety according to regulations;

h) Failing to organize the training of radiation and nuclear safety for radiological workers according to regulations;

i) Failing to have the procedures for running, using, storing, preserving and repairing radiation equipment, radioactive sources; procedures are not attached at the prescribed places;

k) Using under-18 persons to do related-radiation works;

l) Letting the under-18 apprentices using radiation sources to work in control areas, supervision areas without guidance of specialized officers;

m) Failing to organize annual health examination for radiological workers according to regulations.

3. A fine of between VND 30,000,000 and 60,000,000 shall be imposed for organizations possessing the nuclear reactors but failing to install the radiation warning equipment.

SECTION 3. ADMINISTRATIVE VIOLATIONS REGARDING SECURITY OF RADIOACTIVE SOURCES, NUCLEAR MATERIALS, NUCLEAR EQUIPMENT

Article 28. Violating the provisions on security of radioactive sources when using, storing radioactive sources at the security level A

1. A fine of between VND 4,000,000 and 8,000,000 for act of failing to formulate or failing to perform one of the following procedures:

a) Ensuring the security of radioactive sources during and outside working hours;

b) Activities of guarding forces;

c) Response to accidents causing insecurity of radioactive sources;

d) Controlling the persons going in and out the area of security control;

dd) Management of locks and keys.

2. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Failing to setup an area for security control; failing to provide security instructions at area for security control of radioactive sources;

b) Failing to install equipment for detecting, warning the approach without permission in the area for security control and rooms where radioactive sources are laid;

c) Failing to install locks for gates of the area for security control; failing to install locks for gates of rooms where radioactive sources are laid;

d) Failing to tally radioactive sources everyday;

dd) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities;

e) Failing to organize the safeguarding force for supervising equipment of observation, detecting, warning in the area for security control; failing to organize the responding force for timely preventing the acts of approaching to radioactive sources without permission.

3. A fine of between VND 7,000,000 and 14,000,000 for one of the following acts:

a) Failing to have measures to timely respond, investigate causes, and find out remedy measures when happening case of approaching to radioactive sources without permission;

b) Failing to report to competent state agencies within 05 working days, from the day of happening case which the radioactive sources are approached without permission;

4. A fine of between VND 8,000,000 and 16,000,000 for one of the following acts when storing radioactive sources at the security level A:

a) Failing to use separate warehouses for storing radioactive sources;

b) Failing to store radioactive sources in the containing equipment, or protective vases with locks; failing to apply measures to limit ability of moving radioactive sources.

Article 29. Violating the provisions on security of radioactive sources when using fixed radioactive sources, radioactive sources used in radiotherapy at high-dose pressure at the security level B

1. A fine of between VND 3,000,000 and 6,000,000 for act of failing to formulate or failing to perform one of the following procedures:

a) Ensuring the security of radioactive sources during and outside working hours;

b) Response to accidents causing insecurity of radioactive sources;

c) Controlling the persons going in and out the area of security control;

d) Management of locks and keys.

2. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Failing to setup an area for security control; failing to provide security instructions at area for security control of radioactive sources;

b) Failing to install locks for gates of the area for security control; failing to install locks for gates of rooms where radioactive sources are laid;

c) Failing to tally radioactive sources every week;

d) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities;

dd) Failing to organize the safeguarding force for supervising the area of security control; failing to organize the responding force for timely preventing the acts of approaching to radioactive sources without permission.

3. A fine of between VND 6,000,000 and 12,000,000 for one of the following acts:

a) Failing to have measures to timely respond, investigate causes, and find out remedy measures when happening case which the radioactive sources are approached without permission;

b) Failing to report to competent state agencies within 05 working days, from the day of happening case which the radioactive sources are approached without permission;

Article 30. Violating the provisions on security of radioactive sources when using the movable radioactive sources at the security level B

1. A fine of between VND 3,000,000 and 8,000,000 for act of failing to formulate or failing to perform the procedure for managing locks and keys of warehouses protecting radioactive sources.

2. A fine of between VND 4,000,000 and 8,000,000 for one of the following acts:

a) Failing to arrange a storage place to ensure security for radioactive sources at the construction site in duration not using;

b) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources among units in a same facility;

c) Failing to tally radioactive sources after every working shift; failing to tally radioactive sources every week;

d) Failing to make barriers, failing to appoint supervisors continuously at area where conducting radiation jobs;

dd) Failing to install security locks at area where storing radioactive sources;

e) Failing to organize the responding force to timely prevent acts of approaching to radioactive sources without permission at construction site;

g) Failing to assign persons responsible for ensuring security of radioactive sources when using at construction site.

3. A fine of between VND 6,000,000 and 12,000,000 for one of the following acts:

a) Failing to have measures to timely respond, investigate causes, and find out remedy measures when happening case which the radioactive sources are approached without permission;

b) Failing to report to competent state agencies within 05 working days, from the day of happening case which the radioactive sources are approached without permission;

Article 31. Violating the provisions on security of radioactive sources when storing radioactive sources at the security level B

1. A fine of between VND 3,000,000 and 6,000,000 for act of failing to formulate or failing to perform one of the following procedures:

a) Ensuring the security of radioactive sources during and outside working hours;

b) Response to accidents causing insecurity of radioactive sources;

c) Controlling the persons going in and out the area of security control with the aim to timely detect and prevent anybody going out or entering the area without permission;

d) Management of locks and keys.

2. A fine of between VND 5,000,000 and 8,000,000 for one of the following acts:

a) Failing to provide separate warehouses for storing radioactive sources;

b) Failing to store radioactive sources in the containing equipment, or protective vases with locks; failing to apply measures to limit ability of moving radioactive sources;

c) Failing to install security locks at gate of warehouses storing radioactive sources;

d) Failing to tally radioactive sources every week;

dd) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities;

e) Failing to make warehouse book to control the warehousing and ex-warehousing of radioactive sources from warehouses;

g) Failing to organize the safeguarding force for supervising the warehouse area for storing radioactive sources; failing to organize the responding force for timely preventing the acts of approaching to radioactive sources without permission.

Article 32. Violating the provisions on security of radioactive sources when using, storing radioactive sources at the security level C

1. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts when using radioactive sources installed permanently at the security level C:

a) Failing to setup an area for security control around place the radioactive sources are laid; failing to provide security instructions at area for security control of radioactive sources;

b) Failing to make metal cage with protective lock for box containing radioactive sources;

c) Failing to tally radioactive sources monthly;

d) Failing to formulate or failing to perform the control procedures for persons going out and in the area of security control;

dd) Failing to formulate or failing to perform the procedures for responding to accidents that cause insecurity of radioactive sources;

e) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities;

2. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts when using radioactive sources installed permanently at the security level C:

a) Failing to have measures to timely respond, investigate causes, and find out remedy measures when happening case of approaching to radioactive sources without permission;

b) Failing to report to competent state agencies within 05 working days, from the day of happening case when radioactive sources are approached without permission;

3. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts when using the movable radioactive sources at the security level C:

a) Failing to make barriers, failing to appoint supervisors continuously at area where conducting radiation jobs;

b) Failing to install security locks at area where storing radioactive sources;

c) Failing to formulate or failing to perform the procedures for managing locks and keys;

d) Failing to organize the responding force to timely prevent acts of approaching to radioactive sources without permission at construction site;

dd) Failing to assign persons responsible for ensuring security of radioactive sources when using at construction site.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts when using the movable radioactive sources at the security level C:

a) Failing to have measures to timely respond, investigate causes, and find out remedy measures when happening cases of approaching to radioactive sources without permission;

b) Failing to report to competent state agencies within 05 working days, from the day of happening case which radioactive sources are approached without permission;

5. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts when storing radioactive sources at the security level C:

a) Failing to install security locks for gates of warehouses storing radioactive sources; failing to  formulate or failing to perform the procedures for managing locks and keys;

b) Failing to tally radioactive sources monthly;

c) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities;

d) Failing to make warehouse book to control the warehousing and ex-warehousing of radioactive sources from warehouses;

dd) Failing to organize the safeguarding force for supervising in case where the warehouse area for storing radioactive sources are approached without permission; failing to organize the responding force for timely preventing the acts of approaching to radioactive sources without permission.

e) Failing to use separate warehouses for storing radioactive sources;

g) Failing to store radioactive sources in the containing equipment, or protective vases with locks; failing to apply measures to limit ability of moving radioactive sources.

Article 33. Violating the provisions on security of radioactive sources when using, storing radioactive sources at the security level D

A fine of between VND 3,000,000 and 6,000,000 for act of failing to tally annually when using or storing radioactive sources at the security level D.

Article 34. Violations relating to the radioactive sources, that are appropriated, lost, illegally used or transferred; losing radioactive sources

1. A fine of between VND 3,000,000 and 6,000,000 for failing to inform competent state agencies within 24 hours when radioactive sources are discovered appropriated, lost, illegally used or transferred, or unreported.

2. A fine of between VND 6,000,000 and 10,000,000 for failing to inform competent state agencies within 24 hours when radioactive sources under violator’s management are discovered, appropriated, lost.

3. A fine of between VND 7,000,000 and 14,000,000 for failing to take necessary measures for reclaiming radioactive sources that are appropriated, lost, transferred or used illegally.

4. A fine of between VND 6,000,000 and 10,000,000 for losing radioactive sources at security level D during management and use.

5. A fine of between VND 10,000,000 and 20,000,000 for losing radioactive sources at security level C during management and use.

6. A fine of between VND 20,000,000 and 30,000,000 for losing radioactive sources at security level B during management and use.

7. A fine of between VND 30,000,000 and 50,000,000 for losing radioactive sources at security level C during management and use.

8. The additional sanctioning forms:

Deprive of the right to use the license for carrying out radiation jobs from 01 month to 03 months, for violations specified in Clauses 4, 5, 6 and 7 of this Article.

9. Remedial measures:

Forcibly finding the radioactive sources; decontaminating the contaminated areas to meet national technical regulations on environment, for violations specified in Clauses 5, 6 and 7 of this Article.

Article 35. Violations relating to the nuclear materials, and nuclear equipment, that are appropriated, lost, illegally used or transferred; losing nuclear materials, and nuclear equipment

1. A fine of between VND 10,000,000 and 20,000,000 for failing to inform competent state agencies within 24 hours when nuclear materials, and nuclear equipment are discovered appropriated, lost, illegally used or transferred, or unreported.

2. A fine of between VND 15,000,000 and 30,000,000 for failing to inform competent state agencies within 24 hours when nuclear materials, and nuclear equipment under violator’s management are discovered appropriated, lost.

3. A fine of between VND 40,000,000 and 80,000,000 for failing to take necessary measures for reclaiming nuclear materials, and nuclear equipment that are appropriated, lost, transferred or used illegally.

4. A fine of between VND 300,000,000 and 500,000,000 for losing nuclear materials, and nuclear equipment.

5. The additional sanctioning forms:

Deprive of the right to use license for carrying out radiation jobs from 01 month to 03 months, for violations specified in Clause 4 of this Article.

6. Remedial measures:

Forcibly finding and gathering nuclear materials, and nuclear equipment; forcible decontamination of the contaminated areas to meet national technical regulations on environment, for violations specified in Clause 4 of this Article.

Article 36. Violating the provisions on protection for nuclear reactor area

1. A fine of between VND 30,000,000 and 50,000,000 for failing to strictly control people entering and leaving nuclear reactor areas.

2. A fine of between VND 50,000,000 and 100,000,000 for failing to establish restricted areas and protection areas around nuclear reactors, or such areas are not safe enough.

3. A fine of between VND 100,000,000 and 200,000,000 for failing to provide protection for nuclear reactors according to the laws on important constructions relating to national security.

Article 37. Violating the provisions on nuclear control

1. A fine of between VND 60,000,000 and 100,000,000 shall be imposed for organizations managing, using nuclear reactors for research; nuclear power plants; facilities enriching uranium and producing nuclear fuel; facilities re-producing, storing, treating and burying the used nuclear fuel; facilities containing nuclear materials, source nuclear materials with effective volume of more than 1 kilogram and conducting one of the following acts:

a) Failing to submit the design dossier of facilities to competent state agencies before putting nuclear materials or source nuclear materials into facilities or before having changes in the design dossier;

b) Failing to store dossiers of accounting nuclear during time which the source nuclear materials, nuclear materials are contained at facilities.

2. A fine of between VND 200,000,000 and 400,000,000 shall be imposed for organizations conducting one of the following acts when managing, using nuclear facilities defined in Clause 1 of this Article:

a) Failing to make accounting nuclear or failing to report on nuclear accounting results at the request of competent state agencies;

b) Failing to perform measures to supervise the source nuclear materials or nuclear materials.

3. A fine of between VND 50,000,000 and 80,000,000 shall be imposed for organizations conducting one of the following acts when using, storing nuclear materials, source nuclear materials with volume of equal to or more than 0.001 kilogram enriched uranium, 0.001 kilogram plutonium, 10kilogram depleted uranium, 1 kilogram nature uranium or 1 kilogram thorium although they are not nuclear facilities as defined in Clause 1 of this Article:

a) Failing to report information on using, place of using nuclear materials or source nuclear materials or any change about this information to competent state agencies;

b) Failing to perform provisions in point a, point b Clause 1, point a Clause 2 of this Article. 

4. The additional sanctioning forms:

Deprive of the right to use license for carrying out radiation jobs from 01 month to 03 months, for violations specified in Clause 1 and Clause 2 of this Article;

Article 38. Violations of appropriating, sabotaging, illegally transfer and using radioactive sources, nuclear materials, and nuclear equipment; infringing the works, devices and vehicles serving the atomic energy safety and security

1. A fine of between VND 50,000,000 and 100,000,000 for one of the following acts:

a) Infringing works, devices and vehicles serving the atomic energy safety and security;

b) Appropriating, sabotaging, illegally transfer or using radioactive sources;

c) Providing untrue information about nuclear accidents.

2. A fine of between VND 500,000,000 and 1,000,000,000 for appropriating, sabotaging, illegally transfer or using source nuclear materials, nuclear materials, or nuclear equipment.

3. The additional sanctioning forms:

Expulsion for foreigners conducting violations specified in Clause 2 of this Article.

SECTION 4. ADMINISTRATIVE VIOLATIONS AGAINST ACTIVITIES OF SUPPORTING THE APPLICATION OF ATOMIC ENERGY, AND VIOLATIONS ON OBSTRUCTING ACTIVITIES IN INSPECTION AND EXAMINATION

Article 39. Violating the provision on registration for providing support service for the application of atomic energy

1. A fine of between VND 5,000,000 and 10,000,000 for providing support service for the application of atomic energy inconsistently with the content already registered with and approved by competent state agencies.

2. A fine of between VND 7,000,000 and 15,000,000 for failing to register service of providing support for the application of atomic energy according to regulations.

3. The additional sanctioning forms:

Depriving the right to use the registration license for providing support service for the application of atomic energy from 01 month to 03 months, for the violations specified in Clause 1 of this Article.

Article 40. Violating the provision on the practice certificate of providing support service for the application of atomic energy

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for individuals operating independently in providing support service for the application of atomic energy without the practice certificates of support service for the application of atomic energy.

2. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for organizations practicing in support service for the application of atomic energy without sufficiency of person quantity possessing the practice certificates of support service for the application of atomic energy according to regulations.

Article 41. Other violations in support service for the application of atomic energy

1. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts:

a) Failing to formulate or failing to perform the program on ensuring the operational quality in examining X-ray equipment for medical diagnosis;

b) Failing to have a process when measuring, examining radioactive sources, and radiation equipment;

c) Failing to comply with the process which has been appraised by competent state agencies;

d) Failing to send result of personal dose recording in the prescribed deadline;

dd) To be lack one of contents: name, address of organization carrying out the radiation jobs; name of person who is recorded dose; duration of measurement; measured value of dose, measurement unit; certification of agency providing service, in result slip of measuring personal dose;

e) Recording insufficient and incorrect information in: minutes of examining quality, minutes of calibrating radiation equipment, nuclear equipment, equipment to record and measure radiation; minutes of radiation examination at the working area, safety assessment, assessment and verification for radiation technology, nuclear technology;

g) Failing to provide instructions in writing for clients using the personal dose according to regulations.

2. A fine of between VND 4,000,000 and 5,000,000 for one of the following acts:

a) Failing to setup the control area, supervision area, and the restrained area when conducting test, calibration for radiation measurement equipment and radiological equipment, nuclear equipment; decontamination, installment of radioactive sources;

b) Failing to report to competent state agencies in case where radiological workers are irradiated overdose;

c) Failing to store types of documents on providing support service for the application of atomic energy;

d) Failing to enter data of personal occupational doses into national database of occupational exposure according to regulations;

3. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Providing the results which are inaccurate and not ensured quality;

b) Using equipment not appropriate, not meeting standards used in the support service for the application of atomic energy;

c) Impacting on radiation equipment to run at variance with the operational principle set by producers;

d) Granting certificate of safety examination when the safety conditions are not satisfied.

4. Depriving the right to use the registration license for providing support service for the application of atomic energy from 06 month to 12 months, in case of repeating many times one of violations specified in points a,b, c, and d Clause 3 of this Article.

5. Remedial measures:

a) Forcible access of data on personal occupational exposure doses into the national database on occupational exposure, for violation in point d Clause 2 of this Article;

b) Forcible revocation of the provided service results, for violation in point a, Clause 3 of this Article;

c) Forcible revocation of the granted certificates of safety examination, for violation specified in point d, Clause 3 of this Article.

Article 42. Acts of obstructing activities in inspection and examination

1. A warning or fine of between VND 500,000 and 1,000,000 for failing to provide, or insufficiently and unpunctually the information and documents relating to the inspection, examination at the request of competent state agencies, except for the cases in Clause 5 of this Article.

2. A fine of between VND 3,000,000 and 6,000,000 for providing dossiers, documents, information about radioactive sources, radiation equipment, nuclear materials, nuclear equipment or other information about radiation and nuclear safety, which are untrue, for the inspection and examination delegations, competent state agencies.

3. Depriving the right to use the license for doing radiation jobs, registration license for providing support service for the application of atomic energy, certificate for practicing support service for the application of atomic energy from 06 month to 12 months, in case of violating the provision in Clause 2 of this Article and cause serious consequences.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Insulting or threatening the duty officers;

b) Dodging, obstructing, or delaying the fulfillment of the content, request, proposal of the persons competent to inspection, examination or decisions on inspection, examination in radiation and nuclear safety;

c) Arbitrarily breaking the sealing, changing the position, trace of sealing for radioactive sources, radiation equipment when they are impounded or made sealing by inspection agencies.

5. A fine of between VND 10,000,000 and 20,000,000 for failing to provide, or insufficiently and unpunctually the documents at the request of competent state agencies during the safety inspection of the installation, test run, assessment, construction, change of the operational scale and scope of nuclear reactors.

6. A fine of between VND 20,000,000 and 40,000,000 for one of the following acts:

a) Failing to cooperate with competent state agencies in inspection of dismantling, decontaminating or treating nuclear fuel, nuclear equipment, and radioactive waste;

b) Dodging, delaying, obstructing, failing to cooperate with competent state agencies in the inspection on the spot of the adherence to the approved designed.

Chapter 3.

THE SANCTIONING COMPETENCE

Article 43. The sanctioning competence of science and technology inspectors

1. Inspectors specialized in science and technology, persons assigned to execute task of inspection in radiation and nuclear safety on duty are entitled to:

a) Warning;

b) Impose fines of up to VND 500,000;

c) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

2. Chief inspectors of Services of Science and Technology, Chief inspectors of the Department of Radiation Safety and Nuclear, Heads of specialized inspection delegations of Services of Science and Technology, Heads of specialized inspection delegations of the Department of Radiation Safety and Nuclear are entitled to:

a) Warning;

b) Impose fines of up to VND 50,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Applying remedial measures specified in Article 3 of this Decree.

3. Heads of specialized delegations of the Ministry of science and technology are entitled to:

a) Warning;

b) Impose fines of up to VND 250,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Applying remedial measures specified in Article 3 of this Decree.

4. The Chief Inspector of Ministry of science and technology, Director of the Department of Radiation Safety and Nuclear are entitled to:

a) Warning;

b) Impose fines of up to VND 1,000,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations;

dd) Applying remedial measures specified in Article 3 of this Decree.

Article 44. The competence of chairperson of People’s Committees at all levels to sanction administrative violations

1. Chairpersons of district-level People’s Committees are entitled to:

a) Warning;

b) Impose fines of up to VND 50,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations valued not exceeding the fine level specified in point b of this Clause;

dd) Applying remedial measures specified in Article 3 of this Decree, except for measure of re-export specified in Clause 4 Article 3 of this Decree.

2. Chairpersons of provincial People’s Committees are entitled to:

a) Warning;

b) Impose fines of up to VND 1,000,000,000;

c) Deprive the right to use licenses and practice certificates relating to atomic energy for a defined term; terminate operation for a defined term;

d) Confiscate the material evidences and means of administrative violations;

dd) Applying remedial measures specified in Article 3 of this Decree.

Article 45. The sanctioning competence of the People’s Public Security, Customs and other specialized Inspectorates

1. The persons competent to sanction of Public Security agencies are entitled to examine, make minutes of administrative violation, sanction administratively and apply remedial measures for administrative violations specified in this Decree and belonging to their management fields as prescribed in Article 39 and Article 52 of the Law on handling of administrative violations. 

2. The persons competent to sanction of Customs agencies are entitled to examine, make minutes of administrative violation, sanction administratively and apply remedial measures for administrative violations specified in this Decree, related to export and import of goods, services related to export and import of goods, and belonging to their management fields as prescribed in Article 42 and Article 52 of the Law on handling of administrative violations.

3. The persons competent to sanction of other specialized Inspection agencies are entitled to examine, make minutes of administrative violation, sanction administratively and apply remedial measures for administrative violations specified in this Decree and belonging to their management fields or sectors as prescribed in Article 46 and Article 52 of the Law on handling of administrative violations.

Article 46. Competence to make minutes of administrative violations

The titles specified in Articles 43, 44, 45 of this Decree, and civil servants, public employees on duty are entitled to make minutes of administrative violations, when detecting administrative violations in atomic energy, according to regulations.

Chapter 4.

PROVISIONS OF IMPLEMENTATION

Article 47. Effect

1. This Decree takes effect on November 15, 2013.

2. The Government’s Decree No. 111/2009/ND-CP dated December 11, providing on sanctioning of administrative violations in atomic energy shall cease to be effective on the effective date of this Decree;

Article 48. Transitional provisions

For administrative violations in atomic energy happening before July 01, 2013, then detected or currently being considered and handled, provisions beneficial for infringing organizations and individuals will be applied.

Article 49. Responsibilities for guiding and implementing Decree

1. The Minister of science and technology shall guide and organize implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the chairpersons of the People’s Committees of the provinces and centrally-run cities shall implement this Decree.