Thông tư 02/2022/TT-BKHCN hướng dẫn Nghị định 142/2020/NĐ-CP quy định về tiến hành công việc bức xạ và hoạt động dịch vụ hỗ trợ ứng dụng năng lượng nguyên tử do Bộ trưởng Bộ Khoa học và Công nghệ ban hành

CIRCULAR

PROVIDING GUIDELINES FOR SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 142/2020/ND-CP DATED DECEMBER 09, 2020 ON IMPLEMENTATION OF RADIATION-RELATED ACTIVITIES AND PROVISION OF ATOMIC ENERGY APPLICATION SUPPORT SERVICES

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 142/2020/ND-CP dated December 09, 2020 on implementation of radiation-related activities and provision of atomic energy application support services;

At the request of the Director General of the Vietnam Agency for Radiation and Nuclear Safety, the Director General of the Vietnam Atomic Energy Agency and the Director General of the Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates a Circular providing guidelines for some Articles of the Government’s Decree No. 142/2020/ND-CP dated December 09, 2020 on implementation of radiation-related activities and provision of atomic energy application support services.

Article 1. Scope and regulated entities

1. This Circular provides guidelines for some Articles of the Government’s Decree No. 142/2020/ND-CP dated December 09, 2020 on implementation of radiation-related activities and provision of atomic energy application support services (hereinafter referred to as “the Decree No. 142/2020/ND-CP”) regarding:

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b) Preparation and appraisal of applications for issuance of permits, registration certificates, radiation worker’s certificates or practicing certificates;

c) Amendments and supplements to permits.

2. This Circular applies to organizations and individuals involved in implementation of radiation-related activities and provision of atomic energy application support services specified in the Decree No. 142/2020/ND-CP.

Article 2. Power to issue permits, registration certificates, radiation worker’s certificates and practicing certificates

1. The Ministry of Science and Technology shall issue a permit for performing the following tasks:

a) Operation of irradiators for sterilization, mutagenesis and material handling (for industrial use);

b) Manufacturing and processing of radioactive materials;

c) Transit of source materials and nuclear materials;

d) Packaging and transport of source materials and nuclear materials;

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e) Export of source materials, nuclear materials and nuclear equipment.

2. The Vietnam Agency for Radiation and Nuclear Safety shall issue permits, registration certificates, radiation worker’s certificates and practicing certificates, except for the cases specified in clauses 1, 3 and 4 of this Article.

3. The Vietnam Atomic Energy Agency shall issue registration certificates and practicing certificates for the following services:

a) Technology consulting in the area of atomic energy, including radiation and nuclear technology consulting for organizations and individuals conducting activities in the area of atomic energy;

b) Evaluation of radiation and nuclear technology; inspection of radiation and nuclear technology;

c) Professional training and refresher training for individuals rendering the services specified in points a and b of this clause.

4. Science and technology authorities affiliated to People's Committees of provinces and central-affiliated cities (hereinafter referred to as "provincial People's Committees") shall issue permits to organizations and individuals using medical X-ray devices and radiation worker’s certificates to safety personnel in medical diagnostic X-ray facilities in provinces and central affiliated cities ("hereinafter referred to as "provinces") as prescribed in the Circular No. 01/2021/TT-BKHCN dated March 01, 2021 of the Minister of Science and Technology.

If a medical X-ray device is installed and used in a province, the science and technology authority affiliated to the People’s Committee of that province shall issue the permit. If a mobile X-ray device is used in different provinces, the science and technology authority affiliated to the People’s Committee of the province where the organization or individual register their business or operation shall issue the permit.

5. The authority issuing permits, registration certificates, radiation worker’s certificates and practicing certificates have the power to amend, supplement, extend and re-issue them as prescribed in the Decree No. 142/2020/ND-CP.

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1. Every organization and individual shall prepare an application for issuance of permit, registration certificate, radiation worker’s certificate or practicing certificate as prescribed in the Decree No. 142/2020/ND-CP.

a) For the application in which digital information and data have been included in the national database, specialized databases and public service information systems: organizations and individuals shall provide valid electronic documents, electronic copies from master registers, certified true electronic copies or browse documents from the electronic data repository of the organization or individual;

b) If original copies/authentic copies are required when using online public services: the organization or individual shall publish documents as prescribed in point a clause 1 of this Article and send physical original copies/authentic copies by post to the authority issuing permits, registration certificates, radiation worker's certificates or practicing certificates;

c) Regarding composition of an application for issuance of permit for use of medical X-ray device specified in clause 7 Article 20 of the Decree No. 142/2020/ND-CP, technical specifications of the medical X-ray device specified in the Form No. 07 in the Appendix III to the Decree No. 142/2020/ND-CP are required; if the medical X-ray device does not have a console, it is not required to determine the technical specifications in section IV of this Form.

If there is no manufacturer's document about technical specifications, the organization or individual sending technical specifications of the medical X-ray device is entitled to adopt one of the following methods:

- Request the manufacturer to provide the technical specifications;

- Display information about the device specified in the previously issued permit (if any).

2. The appraisal of an application for issuance of permit, registration certificate, radiation worker’s certificate or practicing certificate shall include:

a) Reviewing and assessing information on the documents in the application in compliance with regulations of Law on Atomic Energy and Decree No. 142/2020/ND-CP;

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- Verifying the accuracy of information on the documents in the application;

- Assessing qualifications of safety personnel and radiation workers; assurance of radiation safety and radiation source security, radiation incident response and quality of atomic energy application support services.

Article 4. Amendments and supplements to permits

1. Amendments to permits

The amendment made to permits as specified in point e clause 1 Article 31 of the Decree No. 142/2020/ND-CP means the consolidation of multiple effective permits issued by the same competent authority and having the same validity period specified in clause 1 Article 37 of the Decree No. 142/2020/ND-CP into a permit.

The authority amending permits shall assess the assurance of radiation safety and radiation source security with regard to the radiation source and radiation devices to be covered by the amended permit.

2. Supplements to permits

a) The organization or individual shall supplement their permits as prescribed in Article 32 of the Decree No. 142/2020/ND-CP in case of supplementing radiation sources to radiation devices.

The authority supplementing permits shall assess the assurance of radiation safety and radiation source security with regard to the radiation source and radiation devices to be covered by the supplemented permits.

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Article 5. Effect

1. This Circular comes into force from April 15, 2022.

2. The Circular No. 08/2010/TT-BKHCN dated July 22, 2010 and Circular No. 06/2016/TT-BKHCN dated April 22, 2016 of the Minister of Science and Technology shall cease to have effect from the effective date of this Circular.

Article 6. Responsibility for implementation

1. Authorities and persons having power to issue permits, radiation worker’s certificates, registration certificates and practicing certificates; organizations and individuals implementing radiation-related activities and providing atomic energy application support services and organizations and individuals concerned are responsible for the implementation of this Circular.

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

PP. THE MINISTERTHE DEPUTY MINISTERPham Cong Tac

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