DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON ATOMIC ENERGY

THE GOVERNMENT

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

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

Pursuant the Ordinance on Handling administrative violations dated July 02, 2002 and the Ordinance on the amendments to the Ordinance on Handling administrative violations dated April 02, 2008

At the request of the Minister of Science and Technology,

DECREES:

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GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree deals with the administrative violations, the form and rate of penalties, remedial measures, the authority and procedure for imposing administrative violations against the laws on atomic energy.

2. Administrative violations against the laws on atomic energy are the acts committed by organizations and individuals that deliberately or unintentionally violate the laws on atomic energy, which do not constitute a criminal offence, and shall carry administrative penalties according to law.

3. For the administrative violations against the laws on atomic energy that are not mentioned in this Decree, other the Government's Decrees on penalties for administrative violations against the relevant laws shall apply.

Article 2. Subjects of application

Vietnamese organizations and individuals, foreign organizations and individuals that commit administrative violations against the laws on atomic energy within Vietnam’s territory shall carry administrative penalties as prescribed in this Decree.

Article 3. Interpretation of terms

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

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

3. Radiation measurement instruments are instruments used for measuring radioactive doses, radioactivity, and identifying radioactive isotopes

4. Calibration is adjusting radiological equipment and radiation measurement instruments to standard measuring instruments or standard radiation sources to ensure the accuracy of them.

5. Controlled area is a defined area in which specific protection measures and safety provisions are required for controlling exposures or preventing the spread of radioactive contamination during normal working conditions, and preventing or limiting the extent of potential exposures.

6. Supervised area is a defined not designated a controlled area and no protection measures or safety provisions are needed, but for which occupational exposure conditions are kept under review.

Article 4. Penalties for administrative violations and remedial measures

1. Each violation against the laws on atomic energy shall carry one of the penalties below:

a) Warnings;

b) Fines.

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2. Apart from the primary penalty, depending on the nature and seriousness of the violations, organizations and individuals that commit violations (hereinafter referred to as violators) shall carry one or some of additional penalties below:

a) Depriving the right to use license and practice certificate in atomic energy for up to 6 months;

b) Confiscating the exhibits and vehicles used for the administrative violations.

3. Apart from the penalties in Clause 1 and Clause 2 of this Article, violators shall take one or some of the following remedial measures:

a) Taking measures for ensuring radiation safety and nuclear safety;

b) Inspecting radioactive contamination in the working area and the environment surrounding the working area of radiological worker, and complying with the regulations on observing environmental radioactivity;

c) Decontaminating contaminated areas to meet National Technical Regulation on environment;

d) Moving the facility or radiological equipment to other locations; upgrade, redesign, or rebuilding radiological equipment chambers as prescribed;

dd) Recalling, destroying, and burying the items and commodities that contain radioactive substances as prescribed by law;

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d) Re-exporting the exhibits of violations imported;

h) Gather the exhibits that have been spread or spilled; trace the radiation sources to restore the original state;

i) Taking measures to ensure the security of radiation sources, radioactive materials, and radiation equipment as prescribed.

k) Suspend the sue of radiation sources and radiological equipment until the reporting, licensing, inspection, and calibration of radiation measurement equipment and radiological equipment are done; repair and upgrade radiological equipment, provide standard rooms for doing radiological works; take measures for ensuring radiation safety and radiation source security as prescribed.

Furthermore, violators must take other remedial measures prescribed in Chapter 2 of this Decree.

4. The cost of remediation of damage caused by violators:

a) The violator shall bear the full cost of the remediation of the damage they caused;

b) If the violator deliberately refuses to take remedial measures, they shall be enforced and bear the full cost of such enforcement.

c) If the violator is not able to take the remedial measures or is on the run, the managing authority shall use the State budget to take such measures. The violator shall repay the cost to the authority that took the remedial measures.

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ADMINISTRATIVE VIOLATIONS, PENALTIES, AND FINE RATES

SECTION 1. ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON REPORTING AND LICENSING

Article 5. Violations against the laws on declaring radioactive substances, radioactive waste; used radiation sources; radiological equipment; source materials, nuclear materials, nuclear equipment, and spent nuclear fuel

1. A fine of from 3,000,000 VND to 7,000,000 VND for one of the following acts:

a) Failing to send reports to competent authorities within 7 days from the day on which radioactive substances and radiological equipment are obtained as prescribed in Article 72 of the Law on Atomic Energy;

b) Failing to report the radioactive waste produced by radiological works;

c) Failing to provide sufficient information about radiation sources as prescribed in Clause 3 Article 22 of the Law on Atomic Energy;

d) Failing to provide information about the adjustment of 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 days from the day on which the change is made;

dd) Failing to report the used radiation sources to nuclear radiation safety authorities within 1 month from the day on which radiation sources are no longer used.

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a) Failing to report the source materials, nuclear materials, nuclear equipment, and nuclear fuel that are sued to competent authorities as prescribed in Article 72 of the Law on Atomic Energy;

b) Failing to report the radioactive waste produced by the nuclear facility;

c) Failing provide sufficient information about nuclear materials and nuclear equipment as prescribed in Clause 3 Article 22 of the Law on Atomic Energy;

3. Remedial measures: suspend the operation of radiation sources, radiological equipment, and nuclear equipment until they are licensed, applicable to the violations specified in this Article.

Article 6. Violations against the laws on licensing

1. A fine of from 8,000,000 VND to 15,000,000 VND for performing the following acts without licenses:

a) Using radioactive substances and radiological equipment, except of the equipment in Point a Clause 3 of this Article;

b) Building, changing the scale and extent of the radiation facility;

c) Storing radiation sources;

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dd) The activities that produce radioactive waste, except for the activities in Clause 2, 3, 4, and 5 of this Article.

2. A fine of from 20,000,000 VND to 35,000,000 VND for performing the following acts without licenses:

a) Transporting radiation sources and radioactive waste;

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

c) Building, changing the scale and extent of the nuclear facility;

d) Exporting, importing, temporarily exporting for re-importing, and temporarily importing for re-exporting source materials, nuclear materials, and nuclear equipment;

dd) Using nuclear materials outside the nuclear fuel cycle.

3. A fine of from 25,000,000 VND to 40,000,000 VND for performing 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;

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c) Producing and processing radioactive substances;

d) Surveying, extracting, and refining radioactive ore.

4. A fine of from 50,000,000 VND to 70,000,000 VND for performing the following acts without licenses:

a) Enriching uranium and producing nuclear fuel;

b) Test running and running nuclear reactors;

c) Transporting spent nuclear fuel, nuclear fuel, nuclear materials and source materials;

d) Treating, storing, or burying spent nuclear fuel.

5. A fine of from 70,000,000 VND to 100,000,000 VND for performing the following acts without licenses:

a) Transporting spent nuclear fuel, nuclear fuel, nuclear materials, and source materials through Vietnam’s territory;

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6. Remedial measures: suspend the operation of radiation sources, radiological equipment, and nuclear equipment until the radiological works are licensed, applicable to the violations specified in Point a Clause 1 and Point a Clause 3 of this Article.

Article 7. Using expired licenses for radiological works

1. A fine of from 3,000,000 VND to 7,000,000 VND for using licenses for radiological works that have been expired for no more than 30 days.

2. The use of licenses that have been expired for more than 30 days shall be penalized according to Article 6 of this Decree.

3. Remedial measures: suspend the operation of radiation sources, radiological equipment, and nuclear equipment until the license is extended or the radiological works are licensed, applicable to the violations specified in this Article.

Article 8. Violations against conditions in licenses

1. A fine of from 3,000,000 VND to 7,000,000 VND for violating one of the conditions in the license for radiological works, except for the regulations in Point c Clause 2 Article 10 of this Decree.

2. A fine of from 8,000,000 VND to 15,000,000 VND for using radiation sources and radiological equipment for other works than the works in the license for radiological works.

3. A fine of from 30,000,000 VND to 50,000,000 VND for doing works inconsistently with the license issued to the nuclear facility by competent authorities.

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SECTION 2. ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON RADIATION SAFETY AND NUCLEAR SAFETY

Article 9. Violations against the laws on transporting radioactive materials

1. A fine of from 6,000,000 VND to 10,000,000 VND for one of the following acts committed by the consignor:

a) Failing to pack radioactive materials in radioactive shipments according to National Technical Regulations or recognized international standards;

b) Failing to notify the requirements of safety, security to the deliverer; failing to provide documents about the shipment to the deliverer as prescribed;

c) Do not keep the documents about the delivery.

2. A fine of from 3,000,000 VND to 7,000,000 VND for one of the following acts committed by the deliverer:

a) Refusing to transport radioactive materials that are safely packaged at the request of competent authorities;

b) Failing to make emergency plan according to Clause 2 Article 62 of the Law on Atomic Energy;

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d) Failing to practice responding to accidents during the delivery of radioactive substances, radioactive waste, of which danger levels are above average, and nuclear materials as prescribed;

dd) Using vehicles against the laws on radiation safety;

e) Failing to appoint employees in charge of radiation safety during the delivery;

g) Transporting the shipments of radioactive substances that exceed the limits as prescribed;

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

i) Failing to send reports to nuclear radiation safety authorities within 24 hours when the radiation shipment is not received.

3. A fine of from 5,000,000 VND to 8,000,000 VND for one of the following acts:

a) The consignee fails to inform the consignor and the nuclear radiation safety authorities 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 intermediary depository fails to inform the nuclear radiation safety authorities within 24 hours when the shipment is suspected of being damaged, unsealed, or radioactive leak, or the shipment is not received.

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a) Sending radioactive waste or nuclear materials by post;

b) Letting radioactive materials spill or leak during the delivery.

5. Remedial measures: decontamination; finding and gathering radioactive materials that are lost, spilled, or leaked; pay compensation for the damage caused by the violations in this Article.

Article 10. Violations against the laws on producing and importing consumables that are irradiated or contain radioactive substances, importing radiological equipment, and radioactive waste

1. A fine of from 8,000,000 VND to 15,000,000 VND for importing consumables that are irradiated or contain permitted radioactive substances without indicating this on their labels.

2. A fine of from 20,000,000 VND to 35,000,000 VND for one of the following acts:

a) Importing irradiated consumables not in the list of goods allowed to be imported; consumables that are overly irradiated or contain excessive radioactive substances;

b) Producing or selling consumables of which radioactivity is higher than the limits in corresponding National Technical Regulations;

c) Importing radioactive materials, radiological equipment, and nuclear equipment inconsistently with the technical parameters, quantity, characteristics, and origins in the license;

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3. A fine of from 70,000,000 VND to 100,000,000 VND for importing radioactive waste.

4. Additional penalties and remedial measures:

a) Recalling the goods that bear invalid labels; correct such labels before put them on the market again, applicable to the violations in Clause 1 of this Article;

b) Destroying or suspending the circulation of goods for a certain period of time, applicable to the violations in Point b Clause 2 of this Article. If the destruction is not possible or the violator fails to destroy their goods, goods shall be confiscated and destructed as prescribed;

c) Compelling the re-export, applicable to the violations in Points a, c, d Clause 2 and Clause 3 of this Article.

Article 11. Violations against the laws on making, keeping, and sending nuclear and radiation safety documents

1. A fine of from 3,000,000 VND to 7,000,000 VND for failing to make or keep one of the documents below:

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

b) Documents on the decontamination, measurement, maintenance, inspection, and calibration of radiation measurement instruments, radiological equipment, and nuclear equipment;

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d) Training documents, documents about health and radiation doses of radiological workers;

dd) Conclusions of the inspection and documents about the fulfillment of the requirements of competent authorities;

e) The application for the license for radiological works according to Article 76 of the Law on Atomic Energy;

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

h) Reports on safety assessment of radiological works according to Clause 2 Article 19 of the Law on Atomic Energy;

i) Reports on safety analysis of the radiation facility when applying for the license to build, change the scale and extent of operation, or shut down according to Article 35 of the Law on Atomic Energy;

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

a) Failing to send the documents in Points a, b, c, d, dd, and g Clause 1 of this Article to nuclear radiation safety authorities before shutting down;

b) Failing to send the documents in Point a and Point b Clause 1 of this Article to the new owners or users when radiation sources, nuclear materials, radiological equipment, and nuclear equipment are transferred to them;

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dd) Failing to send the documents in Point d Clause 1 of this Article the new employer of a radiological worker when he or she moves to work their;

d) Failing to present or sufficiently or punctually present the documents in Clause 1 of this Article to competent authorities at their request.

3. Remedial measures:

a) Sending the documents in Points a, b, c, d, dd, and g Clause 1 of this Article to nuclear radiation safety authorities, applicable to the violations in Point a Clause 2 of this Article.

b) Sending the documents in Point a and Point b Clause 1 of this Article to the new owners or users, applicable to the violations in Point b Clause 2 of this Article;

c) Sending the documents in Point c and Point dd Clause 1 of this Article to nuclear radiation safety authorities, applicable to the violations in Point c Clause 2 of this Article;

d) Sending the documents in Point d Clause 1 of this Article to the new employer of the radiological worker, applicable to the violations in Point d Clause 2 of this Article.

Article 12. Violations against the laws on radiological worker’s certificates

1. A fine of from 6,000,000 VND to 10,000,000 VND for appointing employees without certificates in radiology to:

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b) Decontaminate;

c) Operate particle accelerators;

d) Operate irradiators;

dd) Producing radioactive isotopes;

e) Do industrial radiographic works.

2. A fine of from 12,000,000 VND to 20,000,000 VND for appointing employees without certificates in radiology as:

a) Chief engineers of nuclear reactors;

b) Foremen of nuclear reactors;

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

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dd) Nuclear reactor operators;

Article 13. Violations against the laws on controlling exposure caused by radiological works

1. A fine of from 8,000,000 VND to 15,000,000 VND for one of the following acts:

a) Letting the exposure incurred by members of the public and workers exceed the limits; failing to comply with the regulations and guidance on controlling and ensuring radiation safety in occupational exposure and public exposure;

b) Failing to control the exposure incurred by patients in during diagnostic and treatment according to the guidance on medical exposure.

2. Remedial measures: Ensuring that the exposure incurred by members of the public and workers do not exceed the limits; control the exposure incurred by patients according to the guidance on medical exposure, applicable to the violations in this Article.

Article 14. Other violations against the laws on radiation safety and nuclear safety

1. A fine of from 1,000,000 VND to 3,000,000 VND for one of the following acts during the management and use of radiation sources and radiological equipment:

a) Not providing safety instruction and radiation warning as prescribed;

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2. A fine of from 3,000,000 VND to 5,000,000 VND for one of the following acts committed by the nuclear facility:

a) Failing to post safety instruction and radiation warning as prescribed;

b) Failing to provide radiation safety regulations, or the radiation safety regulations are not posted properly; failing to comply with radiation safety regulations.

3. A fine of from 5,000,000 VND to 8,000,000 VND for one of the following acts:

a) Failing to appoint safety officers; failing to specify the responsibilities and entitlements of safety officers in writing;

b) Failing to provide training in nuclear and radiation safety for radiological workers as prescribed;

c) Failing to make emergency plan according to Clause 2 Article 83 of the Law on Atomic Energy;

d) Failing to provide procedures for operating, using, storing, preserving, and repairing radiological equipment and radiation sources, or the procedure is not posted properly.

4. A fine of from 6,000,000 VND to 10,000,000 VND for one of the following acts:

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b) Failing to provide personal dosimeters for radiological workers;

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

d) Failing to provide personal protective equipment for radiological workers;

d) Failing to provide appropriate equipment for radiological workers working with radioactive substances;

e) Failing to provide equipment and cover suitable for each kind of radiological works;

g) Failing to provide radiation warning system in facilities that has reactors, particle accelerator, irradiators for sterilization, material treatment, industrial radiographic equipment; radiation therapy facilities, facilities that extract and process radioactive ore;

h) Using rooms with sub-standard sizes to do radiological works;

i) Failing to establish controlled areas, supervised areas, and restricted areas.

5. A fine of from 8,000,000 VND to 15,000,000 VND for one of the following acts:

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b) Failing to carry out radiation inspection at the workplace of workers and the vicinity of the radiation facility;

c) Failing to inspect and calibrate radiation measurement equipment, radiological equipment, and nuclear equipment;

d) Failing to periodically calibrate medical radiotherapy sources;

dd) Using uncalibrated radiological equipment or radiological equipment that are not allowed by competent authorities to be used after the repair;

e) Using substandard radiation sources and radiological equipment for medical diagnosis and treatment.

6. A fine of from 12,000,000 VND to 20,000,000 VND for not reporting the safety of radiological works to nuclear radiation safety authorities every year.

7. Remedial measures:

a) Making plans for preventing and resolving radiation accident, applicable to the violations in Point c Clause 3 of this Article;

b) Providing procedures for operating, using, storing, preserving, and repairing radiological equipment and radiation sources at proper places, applicable to the violations in Point d Clause 3 of this Article;

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d) Suspending the operation of radioactive sources, radiological equipment until the rooms meet the requirements for doing radiological works, applicable to the violations in Point h Clause 4 of this Article;

dd) Establishing controlled areas and restricted areas, applicable to the violations in Point i Clause 4 of this Article;

e) Sending reports on the safety of radiological works to nuclear radiation safety authorities, applicable to the violations in Point a Clause 5 and Clause 6 of this Article;

g) Carrying out periodic radiation inspection at the workplaces of workers and the vicinity of the radiation facility, applicable to the violations in Point b Clause 5 of this Article;

h) Suspend the operation of radioactive sources and radiological equipment until they are inspected and calibrated, applicable to the violations in Point c Clause 5 of this Article;

i) Suspend the operation of the radiotherapy sources until they are calibrated, applicable to the violations in Point d Clause 5 of this Article;

k) Suspend the operation of radiological equipment until they are calibrated, applicable to the violations in Point dd Clause 5 of this Article;

l) Suspend the operation of radiation sources and radiological equipment until they are repaired or upgrade and meet the standards, applicable to the violations in Point e Clause 5 of this Article;

Article 15. Violations against the laws on resolving radiation and nuclear accidents

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a) Failing to report radiation accidents, their locations and other relevant information to superior authorities, the People’s Committee, and the police department where the accident occurs, or to nuclear radiation safety authorities within 24 hours;

b) Failing to provide information and documents, failing to facilitate the remediation and investigation into the causes of the radiation accident;

c) Failing to comply with the urgent mobilization of the Ministry in charge or the superior agency in terms of personnel, supplies, and vehicles for resolving the radiation accident;

d) Obstructing or failing to comply with guidance when functional agencies resolving the radiation accident;

dd) Failing to investigate the radiation accident as prescribed.

2. A fine of from 12,000,000 VND to 20,000,000 VND for letting radiation accidents happen;

3. A fine of from 20,000,000 VND to 35,000,000 VND for one of the following acts:

a) Failing to nuclear radiation accidents, their locations and other relevant information to the People’s Committee and the police department where the accident occurs, or to nuclear radiation safety authorities within 24 hours;

b) Failing to provide information and documents, failing to facilitate the remediation and investigation into the causes of the nuclear accident;

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d) Obstructing or failing to comply with guidance when functional agencies resolving the nuclear accident;

dd) Failing to investigate the nuclear accident as prescribed.

4. A fine of from 35,000,000 VND to 50,000,000 VND for letting nuclear accidents happen.

5. Remedial measures: Restoring the original state, applicable to the violations in Clause 2 and Clause 4 of this Article.

Article 16. Violations against the laws on storing, treating, and burying used radiation sources, radioactive waste, and spent nuclear fuel.

1. A fine of from 6,000,000 VND to 10,000,000 VND for one of the following acts:

a) Failing to make plans for classifying and treating radioactive waste;

b) Failing to take necessary measure for minimizing radioactive waste at the sources;

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

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

a) Classifying and treating radioactive waste and used radiation sources at variance with National Technical Regulations or recognized international standards;

b) Burying radioactive waste without sending burial maps and reports to nuclear radiation safety authorities.

3. A fine of from 15,000,000 VND to 25,000,000 VND for one of the following acts:

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

b) Treating spent nuclear fuel at variance with National Technical Regulations or recognized international standards;

4. A fine of from 50,000,000 VND to 70,000,000 VND for one of the following acts:

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

b) Building depositories for storing national radioactive waste or burying radioactive waste at locations that are not conformable with National Technical Regulations or recognized international standards;

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6. Remedial measures:

a) Making plans for storing and treating radioactive waste and spent nuclear fuel, applicable to the violations in Point a Clause 1 and Point a Clause 3 of this Article;

b) Taking necessary measure for minimizing radioactive waste at the sources; separating radioactive waste from ordinary waste during the collection and treatment, applicable to the violations in Point b and Point c Clause 1 of this Article;

c) Classifying and treating radioactive waste according to plan, applicable to the violations in Point d Clause 1 of this Article;

d) Classifying and treating radioactive waste, used radiation sources, and spent nuclear fuel in accordance with National Technical Regulations or recognized international standards, applicable to the violations in Point a Clause 2 and Point b Clause 3 of this Article;

dd) Sending radioactive waste burial maps and reports to nuclear radiation safety authorities, applicable to the violations in Point b Clause 2 of this Article.

e) Suspending the construction or use of depositories for storing radioactive waste; suspending the burial of radioactive waste until competent authorities approve the depository design or the burial location, applicable to the violations in Point a Clause 4 of this Article;

g) Relocating the depository of national radioactive waste in accordance with National Technical Regulations or recognized international standards, application to violations in Point b Clause 4 of this Article.

Article 17. Violations against the laws on disposing of contaminated items

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a) Failing to take necessary measures for storing and processing contaminated items as prescribed;

b) Disposing of contaminated items of which the level of contamination is higher than the limit;

2. Remedial measures:

a) Storing and processing contaminated items, applicable to the violations in Point a Clause 1 of this Article;

b) Recalling and gathering contaminated items for storing and processing, applicable to the violations in Point b Clause 1 of this Article.

Article 18. Violations against the laws on dismantling and decontaminating radiation facilities and nuclear facilities before their shutdown

1. A fine of from 8,000,000 VND to 15,000,000 VND for one of the following acts when shutting down a radiation facility:

a) Shutting down without a certification from competent authorities that the radiation facility is no longer responsible for radiation safety;

b) Failing to submit the plan for dismantling, decontaminating, treating radiation sources and radioactive waste to nuclear radiation safety authorities;

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

2. A fine of from 15,000,000 VND to 25,000,000 VND for one of the following acts when shutting down a nuclear facility:

a) Shutting down without a certification from competent authorities that the nuclear facility is no longer responsible for radiation safety;

b) Failing to submit the plan for dismantling, decontaminating, treating nuclear fuel, nuclear equipment, and radioactive waste to nuclear radiation safety authorities;

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

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

3. Remedial measures:

b) Submitting the plan for dismantling, decontaminating, treating radiation sources, nuclear fuel, nuclear equipment, and radioactive waste to nuclear radiation safety authorities; implementing the plan for dismantlement, applicable to the violations in Point b, Point c Clause 1 and Point b, Point c Clause 2 of this Article;

b) Dismantling, decontaminating, treating radiation sources, nuclear fuel, nuclear equipment, and radioactive waste in accordance with National Technical Regulations or recognized international standards, applicable to the violations in Point d Clause 1 and Point d Clause 2 of this Article;

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1. A fine of from 5,000,000 VND to 8,000,000 VND for organizations and individuals doing radiological works without buying professional liability insurance for radiological worker or civil liability insurance, except for the case in Clause 2 and Clause 3 of this Article.

2. A fine of from 10,000,000 VND to 20,000,000 VND for not buying professional liability insurance for radiological worker or civil liability insurance when performing one of the following tasks:

a) Operating irradiators including particle accelerators; radiotherapy equipment, irradiators for sterilization, material processing devices, and industrial radiographic equipment;

b) Producing and processing radioactive substances;

c) Surveying, extracting, and refining radioactive ore;

d) Using nuclear materials outside the nuclear fuel cycle.

dd) Transporting nuclear materials outside the nuclear facility.

3. A fine of from 20,000,000 VND to 30,000,000 VND for not buying professional liability insurance for radiological worker or civil liability insurance when performing one of the following tasks:

a) Running nuclear reactors, running nuclear power plants;

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c) Treating, storing, or burying radioactive waste, used radiation sources, and spent nuclear fuel.

4. A fine of from 30,000,000 VND to 50,000,000 VND for not buying insurance against compensation for environmental damage when doing radiological works that threaten to do great harm to the environment.

5. Remedial measures: buying professional liability insurance, civil liability insurance, and insurance against compensation for environmental damage, applicable to the violations in this Article.

Article 20. Violations against the laws on safety assessment and environmental remediation when surveying, extracting, and processing radioactive ore.

1. A fine of from 6,000,000 VND to 10,000,000 VND for failing to send the report the minimization of negative impacts on the environment, the map of the area where ore extraction and processing are ceased, the report on the environmental remediation after each stage, or after the whole survey, extraction, and processing to nuclear radiation safety authorities.

2. A fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts committed during the survey, extraction, and processing of radioactive ore:

a) Failing to send safety reports to nuclear radiation safety authorities or sending insufficient safety reports according to Article 58 of the Law on Atomic Energy;

b) Failing to take necessary measures to minimizing negative impacts on the environment;

c) Failing to make a map of the area where ore extraction and processing are ceased.

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4. Remedial measures:

a) Sending the report the minimization of negative impacts on the environment, the map of the area where ore extraction and processing are ceased, the report on the environmental remediation after each stage, or after the whole survey, extraction, and processing to nuclear radiation safety authorities, applicable to the violations in Clause 1 of this Article.

b) Making and sending safety reports to nuclear radiation safety authorities, applicable to the violations in Point a Clause 5 and Clause 6 of this Article;

c) Taking necessary measures for minimizing negative impacts on the environment, applicable to the violations in Point b Clause 2 of this Article;

d) Making a map of the area where ore extraction and processing are ceased, applicable to the violations in Point c Clause 2 of this Article.

dd) Compel the environmental remediation, applicable to the violations in Clause 3 of this Article.

Article 21. Violations against the laws on building nuclear facilities or changing of the scale and extent of nuclear facilities

1. A fine of from 8,000,000 VND to 15,000,000 VND for failing to make or keep the documents about the upgrade of a nuclear facility.

2. A fine of from 20,000,000 VND to 35,000,000 VND for one of the following acts:

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b) Failing to stop building the nuclear facility according to the decision of nuclear radiation safety authorities when it is found inconsistent with the design approved by competent authorities.

3. Remedial measures:

a) Making and keeping the documents on the upgrade of the nuclear facility, applicable to the violations in Clause 1 of this Article.

b) Building the facility consistently with the approved designed, applicable to the violations in Point a Clause 2 of this Article;

c) Stopping the construction at the request of competent authorities, applicable to the violations in Point b Clause 2 of this Article.

Article 22. Violations against the laws on the regime for observation and reporting observation results provided by organizations and individuals having nuclear reactors

1. A fine of from 8,000,000 VND to 15,000,000 VND for one of the following acts committed by organizations and individuals having nuclear reactors:

a) Failing to send periodic reports on observation results to nuclear radiation safety authorities;

b) Failing to report unusual observation results, which might have negative impacts on the environment and human health, to nuclear radiation safety authorities.

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3. Remedial measures:

a) Making and sending periodic reports on observation results to nuclear radiation safety authorities, applicable to the violations in Point a Clause 1 of this Article;

b) Compelling the observation of environmental radioactivity, applicable to the violations in Clause 2 of this Article.

SECTION 3. ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON THE SECURITY OF RADIATION SOURCES, NUCLEAR MATERIALS, AND NUCLEAR EQUIPMENT

Article 23. Violations against the laws on the security of radiation sources, nuclear materials, nuclear equipment, and defense in depth

1. A fine of from 6,000,000 VND to 10,000,000 VND for one of the following acts:

a) Failing to take necessary measures for preventing illegal access to radiation sources;

b) Transferring radiation sources within the facility without transfer record or written approval of the Director or the authorized person;

c) Failing to periodically enumerate radiation sources as prescribed.

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3. A fine of from 12,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failing to take necessary measures for preventing illegal access to nuclear materials and nuclear equipment;

b) Transferring nuclear materials within the facility without transfer record or written approval of the Director or the authorized person;

c) Failing to periodically enumerate nuclear materials and nuclear equipment as prescribed.

4. Remedial measures:

a) Preventing the illegal access to radiation sources, nuclear materials, and nuclear equipment, applicable to the violations in Point a Clause 1 and Point a Clause 3 of this Article;

b) Making records on the transfer of radiation sources and nuclear materials that are certified by the Director, applicable to the violations in Point b 1 and Point b Clause 3 of this Article;

c) Periodically enumerating radiation sources, nuclear materials, and nuclear equipment, applicable to the violations in Point c Clause 1 and Point c Clause 3 of this Article;

dd) Apply defense in depth principles to radiation sources and nuclear materials, applicable to the violations in Clause 2 of this Article.

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1. A fine of from 5,000,000 VND to 8,000,000 VND for failing to inform competent authorities within 24 hours when radiation sources, nuclear materials, and nuclear equipment are discovered lost, appropriated, leaked, illegally transferred, or unreported.

2. A fine of from 8,000,000 VND to 15,000,000 VND for failing to inform the nearest police department, nuclear radiation safety authorities, or the local People’s Committee within 24 hours when the radiation sources, nuclear materials or nuclear equipment under the management of the facility are lost or appropriated.

3. A fine of from 15,000,000 VND to 25,000,000 VND for failing to take necessary measures for reclaiming radiation sources, nuclear materials, and nuclear equipment that are lost, appropriated, leaked, transferred or used illegally.

4. A fine of from 30,000,000 VND to 50,000,000 VND for losing or leaking radiation sources.

5. A fine of from 70,000,000 VND to 100,000,000 VND for losing or leaking nuclear materials and nuclear equipment.

6. The organizations and individuals that commit the violations in Clause 4 and Clause 5 of this Article that affect the environment shall carry penalties according to the laws on environment protection.

7. Additional penalties: depriving the right to use the license to do radiological works for up to 6 months, applicable to the violations in Clause 4 and Clause 5 of this Article.

8. Remedial measures: Finding the radiation sources, nuclear materials, and nuclear equipment that are lost, appropriated, or leaked; decontaminate them to restore their original status, applicable to the violations in Clauses 3, 4, and 5 of this Article.

Article 25. Penalties for not taking necessary measures for detecting radiation sources and nuclear materials when using scrap metal for steelmaking

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2. Remedial measures: Taking necessary measures for detecting radiation sources and nuclear materials, applicable to the violations in this Article.

Article 26. Violations committed by medical facilities when finding patients suspected of suffering from radioactive substances.

1. A fine of from 3,000,000 VND to 5,000,000 VND for failing to inform nuclear radiation safety authorities when medical facilities find patients suspected of suffering from radioactive substances.

2. Remedial measures: Moving patients to specialized medical facilities for treatment, applicable to the violations in this Article.

Article 27. Violations against the laws on protection for nuclear reactor area

1. A fine of from 12,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failing to establish restricted areas and protection areas around nuclear reactors, or such areas are not safe enough;

b) Failing to provide protection and strictly control people entering and leaving nuclear reactor areas;

c) Failing to provide protection for nuclear reactors according to the laws on important constructions relating to national security.

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a) Establishing restricted areas and protection areas around nuclear reactors, applicable to the violations in Point a Clause 1 of this Article;

b) Strictly controlling people entering and leaving nuclear reactor areas, applicable to the violations in Point b Clause 1 of this Article;

c) Providing protection for nuclear reactors according to the laws on important constructions relating to national security, applicable to the violations in Point c Clause 1 of this Article.

Article 28. Violations against the laws on operating nuclear reactors

1. A fine of from 12,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failing to comply with the regulations on test running at low power concurrently with inspecting technical criteria, operation limits, and gradually increasing the power to the intended level of the nuclear reactor;

b) Failing to send reports on the test run and reports on safety analysis of nuclear reactors to nuclear radiation safety authorities.

2. Remedial measures:

a) Complying with the procedure for test running nuclear reactors, applicable to the violations in Point a Clause 1 of this Article;

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SECTION 4. ADMINISTRATIVE VIOLATIONS AGAINST THE LAWS ON SUPPORTING THE APPLICATION OF ATOMIC ENERGY

Article 29. Violations against the laws on supporting the application of atomic energy

1. A fine of from 6,000,000 VND to 10,000,000 VND for one of the following acts:

a) Providing support for the application of atomic energy without satisfying the conditions in Clause 1 Article 69 of the Law on Atomic Energy;

b) Violating the regulations on nuclear and radiation safety while providing support for the application of atomic energy;

c) Providing support for the application of atomic energy that exceed the limits and the scope licensed by competent authorities.

2. A fine of from 8,000,000 VND to 15,000,000 VND for failing to inform the service user or the nuclear radiation safety authority when facing the risk of radiation accidents or nuclear accidents.

3. A fine of from 12,000,000 VND to 20,000,000 VND for not applying for business registration; not having licenses to provide support for the application of atomic energy when providing support for the application of atomic energy.

4. Additional penalties: depriving the right to use the license to provide support for the application of atomic energy for up to 6 months, applicable to the violations in Points a, b, and c Clause 1 of this Article.

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SECTION 5. OBSTRUCTING INSPECTIONS AND INFRINGING THE NATIONAL INTEREST

Article 30. Obstructing the inspections carried out by state authorities

1. A warning or a fine of from 3,000,000 VND to 5,000,000 VND for failing to provide, or insufficiently and unpunctually the information and documents relating to the inspection of atomic energy at the request of competent authorities, except for the cases in Clause 3 of this Article.

2. A fine of from 6,000,000 VND to 10,000,000 VND for one of the following acts:

a) Insulting or threatening the duty officers

b) Dodging, obstructing, or delaying the fulfillment of the request of the inspectors, except for the cases in Clause 3 of this Article.

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

a) Failing to provide, or insufficiently and unpunctually the information and documents relating to the inspection of atomic energy at the request of competent authorities during the safety inspection of the installation, test run, and assessment of nuclear reactor;

b) Failing to enable nuclear radiation safety authorities to inspect the dismantlement, decontamination, treatment of nuclear fuel, nuclear equipment, and radioactive waste to form the basis for competent authorities to issue a certification that the radiation facility is no longer responsible for the radiation safety of the facility;

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d) Dodging, delaying, obstructing functional agencies in the on-site inspection of the adherence to the approved designed, applicable to the organizations and individuals in charge of building nuclear reactors.

Article 31. Penalties for appropriating, sabotaging, illegally transfer and using radiation sources, nuclear materials, and nuclear equipment; taking advantage of atomic energy activities to infringe the works, devices and vehicles serving the atomic energy safety and security, which harm human health and the environment.

1. A fine of from 50,000,000 VND to 70,000,000 VND for one of the following acts:

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

b) Appropriating, sabotaging, illegally transferring or using radiation sources, source materials, nuclear materials, and nuclear equipment.

2. A fine of from 70,000,000 VND to 100,000,000 VND for one of the following acts:

a) Taking advantage of atomic energy activities to infringe the lawful rights and interests of other organizations and individuals, cause harm to human health, human life, and the environment;

b) Providing unfounded or false information about accidents that infringe the State’s interest and the lawful rights and interests of other citizens;

c) Improperly using and revealing secret information on atomic energy.

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Chapter 3.

AUTHORITY TO IMPOSE PENALTIES

Article 32. Authority of science and technology inspectors to impose penalties

1. Inspectors specialized in science and technology are entitled to:

a) Give warnings;

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

c) Confiscate the exhibits and instruments valued at up to 2,000,000 VND that are used for committing administrative violations.

2. Chief inspectors of Services of Science and Technology are entitled to:

a) Give warnings;

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c) Depriving the right to use licenses and practice certificates relating to atomic energy for up to 6 months;

c) Confiscate the exhibits and instruments used for committing administrative violations;

dd) Take the remedial measures specified in Clause 3 (except for Points g and h) Article 4 of this Decree.

3. The Chief inspector of the Ministry of Science and Technology is entitled to:

a) Give warnings;

b) Impose fines up to the highest level for the violations against the law on atomic energy;

c) Depriving the right to use licenses and practice certificates relating to atomic energy for up to 6 months;

d) Confiscate the exhibits and instruments used for committing administrative violations;

dd) Take the remedial measures specified in Clause 3 (except for Points g) Article 4 of this Decree.

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

a) Give warnings;

b) Impose fines of up to 30,000,000 VND;

c) Depriving the right to use licenses and practice certificates relating to atomic energy for up to 6 months;

d) Confiscate the exhibits and instruments used for committing administrative violations;

dd) Take the remedial measures specified in Points a, d, dd, i, and k Clause 3 Article 4 of this Decree.

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

a) Give warnings;

b) Impose fines up to the highest level for the violations against the law on atomic energy;

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d) Confiscate the exhibits and instruments used for committing administrative violations;

dd) Taking the remedial measures specified in Clause 3 Article 4 of this Decree.

Article 34. Authority of other agencies to impose penalties

The police, the customs, specialized inspectors, and other agencies, within the area of their competence, are entitled to impose administrative penalties when discovering administrative violations against the law on atomic energy in accordance with the Ordinance on Handling administrative violations and the regulations in this Decree.

Chapter 4.

IMPLEMENTATION

Article 35. Effect

1. This Decree takes effect on February 01, 2010.

2. This Decree supersedes the Government's Decree No. 51/2006/ND-CP dated May 19, 2006 on penalties for administrative violations against the law on radiation control and safety.

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1. The Minister of Science and Technology shall elaborate and provide guidance on the implementation of this Decree; issue forms used for imposing penalties for administrative violations against the laws on atomic energy.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree./.

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung