Thông tư liên tịch 112/2015/TTLT-BTC-BKHCN

JOINT CIRCULAR

GUIDING THE COOPERATION AND ACTIONS IN INSPECTION AND DETECTION OF RADIOACTIVE SUBSTANCES AT CHECKPOINTS

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23^rd 2014;

Pursuant to the Law on Atomic Energy No. 18/2008/QH12 dated June 03^rd 2008;

Pursuant to the Decree No. 215/2013/ND-CP dated December 23^rd 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

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

Pursuant to Decree No. 07/2010/ND-CP dated January 25^th 2010 by the Government providing guidance on the implementation of a number of articles of the Law on Atomic Energy;

Pursuant to Decree No. 08/2015/ND-CP dated January 21^st 2015 by the Government detailing the implementation of the Law on Customs pertaining to customs procedures and customs supervision and inspection;

The Minister of Finance and the Minister of Science and Technology promulgate the Joint Circular guiding the cooperation and actions in inspection and detection of radioactive substances at checkpoints.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular provides guidance on the cooperation and actions in the inspection and detection of radioactive substances in goods that are exported, imported, transited or transported by containers; inspection of luggage and passenger following entrance/transit procedures at checkpoints.

Article 2. Regulated entities

1. Customs officials, customs authorities of all levels.

2. Officials, civil servants, employees under contracts of Vietnam Agency for Radiation and Nuclear safety.

3. Officials and civil servants of the Service of Science and Technology of provinces.

4. Customs declarant of goods that are exported, imported or transited; drivers of vehicles for transporting goods that are exported, imported or transited; passengers who follow entrance/transit procedures.

5. Management agencies, trading agencies involving international ports, international airports and other checkpoint areas.

6. Agencies and units affiliated to Ministries and authorities relating to the implementation of regulations in this Joint Circular.

Article 3. Interpretation of terms

In this Joint Circular, these terms can be construed as follows:

1. Central Alerting System (CAS) or Local Alarm System (LAS) means a room with suitable equipment located near to a system of radiation detection gates that collect data directly from such system.

2. The Alerting support center (ASC) is located at technical assistance center about radiation safety and emergency response of Vietnam Agency for Radiation and Nuclear safety for collecting data from National Data Analysis Center.

3. National Data Analysis Center is located at head office of the General Department of Customs. Its task is to collect data from Central Alerting System (CAS) or Local Alarm System (LAS) and send such information to Alerting support center (ASC).

4. Secondary inspection area means an area used for inspecting any goods exported, imported, transited or transported and passengers who enter Vietnam or in transit and their luggage that is found having radioactivity in the primary inspection.

5. Sievert (Sv) is unit in measurement of effect of equivalent dose and effective dose of ionizing radiation on human body, 1 Sv = 1 Joule/kg in the SI (International System).

6. Radiation Portal Monitor (RPM) means a device capable of detecting and activating alert when any nuclear material or any radioactive material goes through it.

7. Radioactive isotope identifier device (RIID) is a hand-operated device capable of identifying radioactive isotopes or collection of radioactive isotopes in inspected objects.

8. Personal radiation detector (PRD) is a small portable device that is equipped for on-duty officials for detecting and alerting ionizing radiation.

9. Luggage includes hand luggage and luggage consigned before or after the trip, lost luggage, abandoned luggage and luggage that is left at a checkpoint.

Chapter II

COOPERATION BETWEEN RELEVANT AGENCIES AND UNITS

Article 4. Responsibilities of customs authorities

1. At any checkpoints that is equipped with radiation detection system, customs authorities shall:

a) Ensure that Central Alerting System (CAS) or Local Alarm System (LAS) at the checkpoint is accessing to data of radiation detecting gates and is connecting with National Data Analysis Center and ensure that such systems work constantly 24/7;

b) If there is any technical error or damage with the systems, goods that are exported/imported/transited/transported and passengers who enter or transit and luggage thereof are not required to bear radiation inspection.  Sub-department of Customs at the checkpoint shall promptly report the error to Customs Departments of provinces and the General Department of Customs for guidance;

c) Cooperate with port operators, ensuring that there is a place for secondary inspection and for keeping any passenger and luggage that is detected having radioactivity;

d) On each shift, assign at least 1 customs official to operate the Central Alerting System or Local Alarm System; in case of secondary inspection, at least 2 customs officials shall be in charge;

dd) The screening of goods that are exported, imported, in transit, transported and passengers who enter or transit through Vietnam and luggage thereof shall comply with operational procedures for inspection and detection of radioactivity of goods that are exported/imported/in transit or transported with containers; passengers who enter or transit through Vietnam and luggage thereof that are issued by the Director of the General Department of Customs;

e) When any goods that are exported/imported/in transit/transported; passengers that enter or transit through Vietnam or luggage thereof is detected having radioactive substances or radioactive contamination, the customs authority shall:

- Suspend the customs procedures or customs clearance of such goods/luggage and notify the goods owner, customs declarant or passenger;

- Report as fast as possible (via phone/fax) to Customs Departments of provinces and focus points assigned by Vietnam Agency for Radiation and Nuclear safety; provide fully information relating to the case at the request of the Department of radiation and nuclear safety according to Appendix enclosed with this Circular for assistance; facilitate the supporting activities of the Department of radiation and nuclear safety;

- Cooperate with Vietnam Agency for Radiation and Nuclear safety in taking the following measures:

+ Take necessary safety measures according to the guidance of Vietnam Agency for Radiation and Nuclear safety to minimize the bad effect on human and environment;

+ Take measures for radioactive removal, radioactive decontamination on goods, excluding immediate re-export;

- Notify and cooperate with the port operator and management agencies at international ports/airports and border gates with radiation detector to monitor the implementation of the regulations above;

- Customs Departments of provinces shall notify and request the Service of Science and Technology of provinces having checkpoints to cooperate in solution according to regulations.

2. When measures specified in point e clause 1 of this Article are taken, depending on opinions of Vietnam Agency for Radiation and Nuclear safety, if goods, luggage and passenger are conformable, the customs clearance shall be continued; if goods, luggage and passenger are unconformable, depending on opinions of Vietnam Agency for Radiation and Nuclear safety handling measures shall be taken according to regulations.

3. At National Data Analysis Center, customs authority shall:

a) Ensure that National Data Analysis Center (NDAC) is accessing to Central Alerting System (CAS) or Local Alarm System (LAS) and ensure that such system works constantly 24/7;

b) At least 1 customs official shall be assigned to be in charge of operating National Data Analysis Center (NDAC).

4. At checkpoints that are not equipped with radiation detector systems, during customs procedures, if any goods exported/imported/transited/transported with containers, passengers who enter or transit through Vietnam and luggage thereof is suspected having radioactive substances, then:

a) If the customs declarant has declared that goods have radioactive substances according to provisions of the License for export/import/transport/transit according to regulations in Circular No. 08/2010/TT-BKHCN dated 22/7/2010 by the Ministry of Science and Technology or if the passenger as declared that his/her luggage contains radioactive substances or treated with radioactivity, then customs authority shall comply with provisions of policies on management of goods that are exported/imported/transited/transported to carry out the customs clearance of goods/luggage and permit the entrance/transit.

b) In case the customs declarant fails to present the License for export/import/transport/transit of goods containing radioactive substances; luggage or passengers receiving medical treatment relating to radioactivity fail to complete declaration before be granted customs clearance or transport to another customs point, if the customs authority suspects that any of goods, luggage or passengers carries or contain radioactive substances, regulations specified in point e clauses 1 and 2 of this Article shall be complied with.

Article 5. Responsibilities of Vietnam Agency for Radiation and Nuclear safety

1. Assign and notify the General Department of Customs the contact focus points to notify customs authorities at checkpoints.

Direct the focus points to receive information about solution in case Sub-department of Customs at checkpoints discover that goods that are exported/imported/transited/transported, passengers who enter or transit through Vietnam or luggage thereof have radioactive substances or radioactive contamination.

2. Ensure that Alerting Support Center (ASC) is accessing to National Data Analysis Center (NDAC) and ensure that such system works constantly 24/7;

3. Periodically every quarter, data received from National Data Analysis Center shall be analyzed to assess and make statistics of radiation alerting cases and send to the General Department of Customs and National Data Analysis Center for cooperation.

4. Provide professional guidance and technical assistance for customs authorities at checkpoints in the following cases:

a) Alerting cases that have not been solved and continue to be suspected containing radiation when from which gamma rays and/or complex radiation of Neutron rays and Gamma rays/radiation of Neutron rays by testing with Personal Radiation Detector;

b) Other assistance according to regulations.

5. Remote or direct technical consultant in the identification or classification of radioactive materials detected by customs authorities.

6. Work as focus points in actions against nuclear security errors; technical assistance in the conduction of plan on actions against security errors from alert of radioactive devices.

7. Ensure that there is a hotline or officials, civil servants, or employees under contracts in charge of providing assistance 24/7.

8. When there is a request of a customs authority according to provisions of point e clause 1 Article 4, clause 4 Article 4 and clause 4 of this Article, Vietnam Agency for Radiation and Nuclear safety shall:

a) Within 04 hours since the request from the customs authority according to point e clause 1 Article 4 and clause 4 Article 4 of this Circular, Vietnam Agency for Radiation and Nuclear safety shall conduct assessment of the alert of the radiation detector, identification or classification of radioactive materials/nuclear materials and provide customs officials at checkpoints by phone or by fax guidance on remedy like isolation, seal or others;

b) If the radiation rate exceeds the safe threshold and needs direct assistance, Vietnam Agency for Radiation and Nuclear safety shall assign representatives and necessary equipment to the premise for resolution;

c) At the premise, Vietnam Agency for Radiation and Nuclear safety shall:

- Verify information on radiation detector system and compare it with the received radiation detection alerting record;

- Check the outside radiation dose rate;

- Determine the radioactive isotopes, the existence of Neutron radiation, conditions of radioactive sources or radioactive materials that are discovered (including physical conditions, estimated radioactivity levels)

- Isolate or seal radioactive materials if necessary;

- Cooperate with customs authorities, police agencies and relevant agencies in confiscating radioactive sources/radioactive materials conformably with technical procedures if the dose rate is irregularly high or the radioactive sources are detected radiating Neutron and special nuclear materials and transport them to a secured place for retention;

- Make reports on the confiscation and handling results; notify the relevant parties.

d) After taking measures specified in this clause, Vietnam Agency for Radiation and Nuclear safety shall promptly notify customs authorities of conditions of goods (whether they are qualified for export/import or not) so that customs authorities can take handling measures according to regulations.

Article 6. Responsibilities in training, restoration and operation of equipment

1. Responsibilities of the General Department of Customs:

a) Use funding of training from customs authorities to formulate and provide training in discovery and actions against radiation accidents and control the export, import and trade of nuclear materials, radioactive materials for customs officials operating radiation detectors, officials using portable radioactive devices, radioactive isotope identifier devices;

b) Formulate and carry out plans on periodic restoration and maintenance of radioactive detector systems and portable radioactive devices, radioactive isotope identifier devices;

c) Formulate annual plans on rehearsal for radioactive detection and submit them to the Ministry of Science and Technology;

d) Preside over and cooperate with Vietnam Agency for Radiation and Nuclear safety in the following activities:

- Provide training, share information about identification, fighting against radiation accidents and control of export, import and trade of nuclear materials and radioactive materials;

- Periodically every year, organize rehearsal for rehearsal for cases of radioactive detection.

2. Responsibilities of Vietnam Agency for Radiation and Nuclear safety:

a) Formulate plans on periodic restoration and maintenance of radiation detectors, radioactive isotope identifier devices under their management and submit them to the Ministry of Science and Technology for approval, ensuring that devices are kept prepared;

b) Every year, conduct inspections and calibration of portable radiation detectors for customs authorities. Expenses of the calibration and inspection shall be paid by customs authorities;

c) Formulate annual plans on rehearsal for radioactive detection and submit them to the Ministry of Science and Technology;

d) Cooperate with the General Department of Customs in providing training and sharing information on request.

Article 7. Responsibilities of relevant organizations, individuals, agencies and units

1. Responsibilities of the Service of Science and Technology:

Cooperate with customs authorities at checkpoints and focus points assigned by Vietnam Agency for Radiation and Nuclear safety on request for promptly handling in the occurrence of radiation accidents in implementing regulations in clause 3 Article 10 of Decree No. 07/2010/ND-CP dated 25/1/2010 by the Government.

2. Responsibilities of operators of ports/depots at checkpoints:

a) Provide sufficient area for:

- Installation of radiation detectors;

- Establishment of warehouses and grounds for keeping goods/luggage containing radioactive substances since it is found until a Vietnam Agency for Radiation and Nuclear safety and customs authority where the customs procedures for such goods/luggage are carried out issue a decision.

b) Cooperate with customs authorities and relevant competent agencies on request to promptly handled radiation accidents.

3. Responsibilities of goods owners, customs declarants and drivers of transport vehicles of goods that are exported/imported/transited/transported; passengers and luggage thereof:

a) Comply with requirements and guidance of customs authorities on screening of goods that are exported/imported/transited/transported and luggage according to regulations in this Circular;

b) In case of detection of radiation subject to control:

- Comply with requirements and guidance of customs authorities and relevant competent agencies;

- Take responsibilities for eliminating consequences and expenses that arises because of exported/imported/transited/transported goods or luggage containing radioactive substances or radioactive contamination at checkpoints.

4. Other agencies at checkpoints, depending on their functions and tasks, shall assist and cooperate with customs agencies at checkpoints in cases specified in point e clause 1 Article 4 of this Circular.

Article 8. Funding for handling and storage of uncontrolled radioactive sources, nuclear materials

1. Funding for handling and keeping of detected radioactive sources/nuclear materials whose owner is unidentified shall comply with regulations in Circular No. 203/2014/TT-BTC dated 22/12/2014 by the Ministry of Finance.

2. The estimation, compliance and finalization of funding for handling and keeping of out-of-control radioactive sources/nuclear materials shall comply with regulations of the Law on State budget and applicable guiding documents.

Article 9. Exchange of professional information and documents

1. Principles of information exchange:

a) The General Department of Customs (the Ministry of Finance), Vietnam Agency for Radiation and Nuclear safety (the Ministry of Science and Technology) shall be focus points for providing professional information and documents when necessary;

b) The exchange and provision of professional documents and radiation alerting records and secret documents shall comply with law provisions and regulations of each agency and shall be approved by competent people.

2. Contents of exchange:

a) Information about international organizations relating to security of radioactive sources and nuclear materials, international Customs and other relevant international organizations;

b) Professional documents, radiation alerting records at the request of each party;

c) Documents and information for propagation about laws and actions relating to prevention and fighting against smuggling, illegal transport of radioactive substances/nuclear materials in Vietnam and in foreign countries.

Chapter III

IMPLEMENTATION

Article 10. Effect

This Joint Circular comes into effect from September 15^th 2015.

Article 11. Responsibilities

1. During the implementation of this Joint Circular, if any of relevant documents mentioned in this Joint Circular is modified or replaced, the new one shall prevail.

2. Periodically every year, the General Department of Customs shall cooperate with Vietnam Agency for Radiation and Nuclear safety in conducting assessment of results of the implementation of this Joint Circular and make proposal within their competence.

3. The Director of the General Department of Customs and Director of Vietnam Agency for Radiation and Nuclear safety shall manage, supervise and organize the implementation of this Joint Circular. Difficulties that arise during the implementation of this Joint Circular should be reported to the Ministry of Finance (via the General Department of Customs) and the Ministry of Science and Technology (via Vietnam Agency for Radiation and Nuclear safety) for solution./.