CIRCULAR

PROVIDING GUIDANCE ON SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 107/2013/ND-CP DATED SEPTEMBER 20, 2013 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ATOMIC ENERGY AMENDED BY THE GOVERNMENT’S DECREE NO. 126/2021/ND-CP DATED DECEMBER 30, 2021

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

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; Law dated November 13, 2020 on amendments to some Articles of the Law on Penalties for Administrative Violations;

Pursuant to the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 elaborating certain Articles and enforcement of the Law on Penalties for Administrative Violations;

Pursuant to the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on penalties for administrative violations in the field of atomic energy amended by the Government’s Decree No. 126/2021/ND-CP dated December 30, 2021 on amendments to certain Articles of Decrees on penalties for administrative violations in the fields of industrial property; standards, measurement and quality of products and goods; science and technology activities, technology transfer; atomic energy;

Pursuant to the Government’s Decree No. 28/2023/ND-CP dated June 02, 2023 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the request of Director General of Vietnam Agency for Radiation and Nuclear Safety and Director General of Department of Legislation;

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Chapter I

GENERAL

Article 1. Scope

This Circular provides guidance on some Articles of the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on penalties for administrative violations in the field of atomic energy amended by the Government’s Decree No. 126/2021/ND-CP dated December 30, 2021 on amendments to certain Articles of Decrees on penalties for administrative violations in the fields of industrial property; standards, measurement and quality of products and goods; science and technology activities, technology transfer; atomic energy.

Article 2. Regulated entities

1. Organizations and individuals specified in clause 2 Article 4 of the Decree No. 126/2021/ND-CP committing administrative violations in the field of atomic energy.

2. Persons having the power to impose penalties for administrative violations in the field of atomic energy specified in Article 43 of the Decree No. 107/2013/ND-CP amended by clause 22 Article 4 of the Decree No. 126/2021/ND-CP; Article 44 of the Decree No. 107/2013/ND-CP amended by clause 23 Article 4 of the Decree No. 126/2021/ND-CP; Article 45 of the Decree No. 107/2013/ND-CP amended by clause 24 Article 4 of the Decree No. 126/2021/ND-CP; clause 25, clause 26 and clause 27 Article 4 of the Decree No. 126/2021/ND-CP.

3. Other agencies, organizations and individuals related to imposition of administrative violations specified in this Circular.

Chapter II

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Article 3. Declaration-related violations

1. The violation specified in point b clause 1 Article 5 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual that performs radiation-related activities but fails to declare in writing to a competent authority as one of the following information is changed:

a) Name or address written on the license;

b) Person in charge of safety matters prescribed in clause 2 Article 27 of the Law on Atomic Energy;

c) Status of radiation equipment when using, storing, repairing or replacing any part which potentially affects its safety and security features.

2. The violation specified in point b clause 2 Article 5 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any organization or individual during their use of radiation sources and portable radiation equipment:

a) Failure to make a written declaration to the Department of Science and Technology of the province where radiation-related activities are carried out at least 24 hours before transporting the radiation source or portable radiation equipment to and from the province;

b) Insufficiently declaring one of the following information: quantity, code, serial number, technical specifications (radioactivity or capacity) of the radioactive source or radiation equipment; time and location of radiation-related activity.

3. The violation specified in point b clause 3 Article 5 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual that carries out the following activities: production, trial production, processing, exploration, mining of ores and minerals with secondary products, by-products or naturally occurring radioactive material waste but fails to declare such to the Vietnam Agency for Radiation and Nuclear Safety and the Department of Science and Technology of the province where the organization or individual performs their radiation-related activities within 07 working days from the date of carrying out the activities specified in Section 4 of National Technical Regulation QCVN 23:2023/BKHCN on naturally occurring radioactive material waste promulgated together with the Circular No. 08/2023/TT-BKHCN dated May 25, 2023 of the Minister of Science and Technology.

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1. The violation specified in point b clause 1 Article 8 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any organization or individual during their performance of radiation-related activities without notifying the result of exposure dose measurement to each radiation worker within 07 working days from the date of receiving the result of measurement of personal exposure dose.

2. The violation specified in point a clause 2 Article 8 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any organization or individual during their performance of radiation-related activities:

a) Using radiation equipment or radiation source for medical diagnosis and treatment resulting in a potential dose of the working environment and dose rate in excess of the limit prescribed in clause 3 Article 10 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT dated June 09, 2014 of the Minister of Science and Technology and the Minister of Health providing for assurance of medical radiation safety amended by clause 7 Article 1 of Circular No. 13/2018/TT-BKHCN dated September 05, 2018 of the Minister of Science and Technology on amendments to certain Articles of the Joint Circular No. 13/2014/TTLT -BKHCN-BYT; point a clause 6 Article 10, point a clause 8 Article 10, clause 3 Article 11 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT; clause 2 Article 13 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT amended by clause 8 Article 1 of the Circular No. 13/2018/TT-BKHCN;

b) Exceeding the exposure dose limits for radiation workers or public specified in point a clause 2 Article 5 of the Government’s Decree No. 142/2020/ND-CP dated December 09, 2020 on performance of radiation-related activities and provision of atomic energy application support services.

3. The violation specified in point c clause 2 Article 8 of the Decree No. 107/2013/ND-CP amended by point a clause 8 Article 4 of the Decree No. 126/2021/ND-CP means one of the following violations committed by any organization or individual during their performance of radiation-related activities:

a) Failure to provide personal dosimeter to each radiation worker, except for the case in point c clause 3 of this Article;

b) Failure to provide a replacement dosimeter to the worker performing radiation-related activities in case the dosimeter is used for measurement or is lost;

c) Failure to provide 02 dosimeters to each radiation worker who is an equipment operator, doctor, technician, nurse or orderly when working directly in the room where interventional and angiographic X-ray equipment is installed.

4. The violation specified in point dd clause 2 Article 8 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual that performs radiation-related activities without finding the cause or taking corrective actions within 07 working days from the date of discovering that the radiation worker receives the result of dose measurement in excess of the dose limits or the investigation levels for effective dose.

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a) Failure to establish investigation levels for effective dose to radiation workers every 03 months;

b) Failure to establish investigation levels for radioactive contamination at radioactively contaminated sites.

Article 5. Violations against regulations on inspection and calibration of equipment

1. The violation specified in point a clause 1 Article 12 of the Decree No. 107/2013/ND-CP; point c clause 1 Article 12 of the Decree No. 126/2021/ND-CP amended by clause 9 Article 4 of the Decree No. 126/2021/ND-CP means the violation against the regulations set out in clause 1, clause 2 and clause 4 Article 9 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT committed by any organization or individual that uses medical diagnostic X-ray equipment and radiotherapy equipment.

2. The violation specified in point b clause 1 Article 12 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any organization or individual performing aviation-related activities and required to be equipped with the radiation measuring equipment specified in point e clause 2 Article 5; point c clause 2 Article 6; point b, point c, point d clause 2 Article 8; point b clause 2 Article 13 of the Decree No. 142/2020/ND-CP means during their use of such equipment:

a) Failure to calibrate radiation measuring equipment before being put into service or after being repaired or failure to carry out calibration on an annual basis;

b) Calibration of radiation measuring equipment by an organization that fails to possess a certificate of registration of atomic energy application support services regarding the calibration of radiation measuring equipment;

c) Having calibrated radiation measuring equipment which, however, fails to meet quality standards or specifications according to the national technical regulation or recognized international standard specified in clause 3 Article 11 of the Circular No. 19/2012/TT -BKHCN dated November 08, 2012 of the Minister of Science and Technology on control and assurance of radiation safety in occupational exposure and public exposure.

3. The violation specified in point dd clause 1 Article 12 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual that uses radiation equipment or operates radiation equipment for diagnosis and treatment as the calibration result shows that the equipment fails to meet the requirements.

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1. The violation specified in point a clause 2 Article 13 of the Decree No. 107/2013/ND-CP means the violation against the regulations specified in points a and d clause 1 Article 11 of the Circular No. 19/2012/TT-BKHCN; clauses 4 and 5 Article 17 of the Joint Circular No. 13/2014/TTLT-BKHCN-BYT committed by any organization or individual performing radiation-related activities.

2. The violation specified in point b clause 2 Article 13 of the Decree No. 107/2013/ND-CP means the violation against the regulations specified in clauses 1 and 2 Article 17 of the Joint Circular No. 13/2014/TTLT- BKHCN-BYT; point b clause 1 Article 11 of the Circular No. 19/2012/TT-BKHCN committed by any organization or individual performing radiation-related activities.

3. The violation specified in point a clause 4 Article 13 of the Decree No. 107/2013/ND-CP means the violation against the regulations specified in clause 3 Article 17 of the Joint Circular No. 13/2014/TTLT- BKHCN-BYT; point c clause 1 Article 11 of the Circular No. 19/2012/TT-BKHCN committed by any organization or individual performing radiation-related activities.

4. The violation specified in point b clause 10 Article 4 of the Decree No. 126/2021/ND-CP means one of the following violations committed by any organization or individual performing aviation-related activities and required to be equipped with the radiation measuring equipment specified in point e clause 2 Article 5; point c clause 2 Article 6; point b, point c, point d clause 2 Article 8; point b clause 2 Article 13 of the Decree No. 142/2020/ND-CP means during their use of such equipment:

Article 7. Violations against regulations on reporting safety during performance of radiation-related activities

The violation specified in clause 1 Article 16 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual performing radiation-related activities that fails to submit a report on safety during performance of radiation-related activities or submits the report after deadline or in a sufficient and accurate manner as specified in clause 1 Article 20 of the Circular No. 19/2012/TT-BKHCN.

Article 8. Violations against regulations on transport of radioactive materials

1. The violation specified in point d clause 2 Article 17 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual performing radiation-related activities that uses the means of transport failing to satisfy the regulations in points d and e clause 2 Article 13 of the Decree No. 142/2020/ND-CP; clause 2 Article 27 of the Circular No. 23/2012/TT-BKHCN on guidelines for safe transport of radioactive materials.

2. The violation specified in point dd clause 2 Article 17 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any organization or individual during their performance of radiation-related activities:

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b) Failure to assign any person in charge of incident response who has the radiation worker’s certificate when transporting the category 1, category 2 and category 3 radiation sources specified in 2.1 of the National technical regulation QCVN 6:2010/BKHCN on radiation protection - Categorization and classification of radioactive sources promulgated together with the Circular No. 24/2010/TT-BKHCN dated December 29, 2010 of the Minister of Science and Technology.

3. The violation specified in point h clause 2 Article 17 of the Decree No. 107/2013/ND-CP means the violation committed by any organization or individual performing radiation-related activities that fails to implement all technical measures to ensure safety during transport specified in Article 13 of the Decree No. 142/2020/ND-CP; Article 4, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17 and Article 18 of the Circular No. 23/2012/TT-BKHCN.

Article 9. Other violations against regulations on radiation safety and nuclear safety

The violation specified in point g clause 2 Article 27 of the Decree No. 107/2013/ND-CP amended by point a clause 12 Article 4 of the Decree No. 126/2021/ND-CP means one of the following violations committed by any organization or individual during their performance of radiation-related activities:

1. Failure to have a valid letter of appointment of person in charge of safety matters given by the head of the organization or individual issued with the license to perform radiation-related activities or having a letter of appointment that does not clearly define responsibilities and rights of the person in charge of safety matters.

2. Failure to have any worker trained in medical physics as specified in point d clause 1 Article 5; points c and d clause 1 Article 8; clause 4 Article 62 of the Decree No. 142/2020/ND-CP.

Article 10. Violations against regulations on provision of atomic energy application support services

The violation specified in clause 1 Article 39 of the Decree No. 107/2013/ND-CP means the violation committed by any atomic energy application support service provider that has been issued with the certificate of registration of services but provides services beyond the scope written on the certificate of registration.

Article 11. Violations against regulations on practicing certificates for provision of atomic energy application support services

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1. Employing any person who fails to have the practicing certificate for provision of atomic energy application support services or who has the practicing certificate for provision of atomic energy application support services which does not cover the services rendered.

2. Failure to employ at least 02 persons possessing the practicing certificate corresponding to its type of service when providing atomic energy application support services.

Article 12. Other violations against regulations on provision of atomic energy application support services

1. The violation specified in point b clause 2 Article 41 of the Decree No. 107/2013/ND-CP means the violation committed any provider of atomic energy application support services regarding the measurement of personal exposure dose without notifying the Vietnam Agency for Radiation and Nuclear Safety and the Department of Science and Technology of the province where the organization or individual performs radiation-related activities locates their head office in writing within 07 working days from the date of discovering that the measurement result shows that the exposure dose for radiation workers exceed the limits prescribed in point a clause 2 Article 5 of the Decree No. 142/2020/ND-CP.

2. The violation specified in point c clause 2 Article 41 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any atomic energy application support services provider:

a) Failure to archive records, reports, measurement results, results of data processing, certificate of outcomes obtained from provision of services and other documents mentioned in the quality assurance program and service provision procedures specified in Section 1 Chapter III of the Decree No. 142/2020/ND-CP;

b) Failure to archive health records and documents on personal exposure dose measurement of workers providing services specified in point c, point d, point dd, point e, point h, point i and point k clause 3 Article 1 of the Decree No. 142/2020/ND-CP.

3. The violation specified in point b clause 3 Article 41 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any atomic energy application support services provider:

a) Using the measuring equipment that fails to have the certificate of calibration as prescribed or having the certificate of calibration which is not appropriate to the type of radiation to be measured;

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c) Using the measuring equipment having inappropriate technical specifications (quantity, measuring range, sensitivity, resolution).

4. The violation specified in point b clause 21 Article 4 of the Decree No. 126/2021/ND-CP means the violation committed by any atomic energy application support services provider that fails to satisfy the requirements for infrastructure to provide the services covered by the certificate of registration as specified in Section I Chapter 3 of the Decree No. 142/2020/ND-CP.

Article 13. Acts of obstructing inspection activities

The violation specified in point b clause 4 Article 42 of the Decree No. 107/2013/ND-CP means one of the following violations committed by any organization or individual:

1. Failure to appoint any person to work with the inspectorate or appointing an unqualified person to do so.

2. Failure to implement the decision to impose penalties for violations against inspection regulations issued by the competent person or implementing it in an insufficient manner or after deadline.

3. Failure to provide information or documents at the inspectorate’s request or providing them in an insufficient manner or after deadline.

4. Failure to assign any person or provide any related vehicle or equipment or intentionally delaying in complying with the requests made by the inspectorate when conducting physical inspection and verification.

Chapter III

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Article 14. Effect

1. This Circular comes into force from November 05, 2023.

2. The Circular No. 27/2014/TT-BKHCN dated October 10, 2014 of the Minister of Science and Technology elaborating certain Articles of the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 on penalties for administrative violations in the field of atomic energy shall cease to have effect from the effective date of this Circular.

3. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.

Article 15. Responsibility for implementation

1. Persons having the power to impose penalties for administrative violations in the field of atomic energy, heads of agencies, organizations and individuals concerned are responsible for the implementation of this Circular.

2. Any difficulties that arise during the implementation of this Circular should be promptly reported in writing to the Ministry of Science and Technology (via the Vietnam Agency for Radiation and Nuclear Safety) for instructions or appropriate revisions./.

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