Circular No. 01/2019/TT-BKHCN dated May 30, 2019 of the Ministry of Science and Technology on prescribing the assurance of security of radioactive sources

CIRCULAR

Prescribing the assurance of security of radioactive sources^[1]

Pursuant to the June 3, 2008 Law on Atomic Energy;

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

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

The Minister of Science and Technology promulgates the Circular prescribing the assurance of security of radioactive sources.

Article 1.Scope of regulation and subjects of application

1. This Circular prescribes the assurance of security of sealed radioactive sources and Pu-239 used as a radioactive source of a radioactivity exceeding the notification and licensing exemption level (below collectively referred to as radioactive sources) according to national technical regulation QCVN 5:2010/BKHCN on Radiation protection - Exemption from requirements of notification and licensing, promulgated together with the Minister of Science and Technology’s Circular No. 15/2010/TT-BKHCN
of September 14, 2010.

2. This Circular applies to:

a/ Organizations and individuals that use, store and transport radioactive sources specified in Clause 1 of this Article in Vietnam’s territory;

b/ Related state management agencies, including the Vietnam Agency for Radiation and Nuclear Safety, provincial-level state management agencies in charge of science and technology, and public security offices.

Article 2.Interpretation of terms

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

1.Assurance of security of a radioactive sourcemeans the application of measures to prevent illegal access to, theft, appropriation, destruction, transport or transfer of such radioactive source; and application of measures to protect the confidentiality of information related to the security of such radioactive source.

2.Sealed radioactive sourcemeans a radioactive material that is sealed in a capsule of special structure or bonded in a solid form which can prevent the radioactive material from escaping or being released from encapsulation into the environment during normal usage and under probable accident conditions.

3.Security keymeans a key designed with a high reliability to meet the radioactive source security requirements.

4.Security zonemeans an area controlled to keep out unauthorized persons in order to ensure security of radioactive sources by the application of such technical measures as use of security keys, unauthorized access detectors and alarms, surveillance cameras and other administrative control measures. A security zone consists of a chamber for location of radioactive sources and entrance passageways, power source control room, security system control room, water treatment sump for the water tank for preservation of the radioactive sources, and other areas that may cause impacts on security of the radioactive sources.

5.Countingmeans the checking and certification of existence and quantity of a radioactive source at the place where it is located with the naked eye or appropriate radiation measuring devices or by another indirect inspection measure.

Article 3.Principles of assurance of security of radioactive sources

1. Heads of organizations or individuals that have radioactive sources shall take the supreme responsibility for the security of such radioactive sources.

2. Requirements on assurance of security of radioactive sources must conform to the danger of such radioactive sources.

3. The assurance of security of radioactive sources shall be carried out throughout the half-life of such radioactive sources until they attain the notification and licensing exemption level according to national technical regulation QCVN 5:2010/BKHCN on Radiation protection - Exemption from requirements of notification and licensing, promulgated together with the Minister of Science and Technology’s Circular No. 15/2010/TT-BKHCN of September 14, 2010.

4. Measures to ensure safety and security of radioactive sources shall be considered from the stage of making dossiers of application for a license for performance of radiation jobs in order to ensure they support and do not badly affect one another.

Article 4.Levels of security of radioactive sources

1. Based on the danger and potential hazards of radioactive sources to humans and the environment, security requirements may be divided into four levels A, B, C and D, with level A for the group of radioactive sources of the highest danger and potential hazards and level D for the group of radioactive sources of the lowest danger and potential hazards.

2. The security levels of A, B, C and D are for the groups of radioactive sources specified in national technical regulation QCVN 6:2010/BKHCN on Radiation protection - Categorization and classification of radioactive sources, promulgated together with the Minister of Science and Technology’s Circular No. 24/2010/TT-BKHCN of December 29, 2010:

a/ Security level A is for radioactive sources of group 1;

b/ Security level B is for radioactive sources of group 2;

c/ Security level C is for radioactive sources of group 3;

d/ Security level D is for radioactive sources of group 4 or 5.

Article 5.Responsibilities of organizations and individuals using and storing radioactive sources

1. Organizations and individuals using and storing radioactive sources of security level A, B or C specified at Point a, b or c, Clause 2, Article 4 of this Circular shall:

a/ Make and implement security assurance plans according to the form corresponding to the security level of radioactive sources provided in Appendix I to this Circular;

b/ Affix ionizing radiation warning signs and additional radiation warning signs as specified in Appendix II to this Circular;

c/ In case of radioactive sources for mobile use, additionally make and implement plans on assurance of security of radioactive sources during transport (according to the form provided in Appendix I to this Circular); notify provincial-level state management agencies in charge of science and technology in localities along transport routes of the projected time of transport of radioactive sources to and from, and period and location of use and storage of radioactive sources in, these localities.

2. Organizations and individuals using and storing radioactive sources of security level D specified at Point d, Clause 2, Article 4 of this Circular shall:

a/ Count radioactive sources on a quarterly basis; make counting dossiers, clearly stating counting persons, time and results. In case of maintenance, repair or suspension of production lines of devices using radioactive sources installed in such production lines, the counting shall be carried out on a weekly basis;

b/ Affix ionizing radiation warning signs under Section 1 or 3 of Appendix II to this Circular.

3. When detecting a case where a person illegally accesses or intends to appropriate or destroy its/his/her radioactive source, an organization or individual shall:

a/ Take measures to promptly respond to or investigate causes of the case, and seek remedies;

b/ Within 8 hours after detecting the case, notify it in writing or by facsimile or telephone to the Vietnam Agency for Radiation and Nuclear Safety, the provincial-level state management agency in charge of science and technology of the locality where the case occurs, and the nearest public security office;

c/ Within 5 working days after detecting the case, send a written report to the Vietnam Agency for Radiation and Nuclear Safety, the provincial-level state management agency in charge of science and technology of the locality where the case occurs, and the nearest public security office. Such report must clearly state causes and development of the case, applied responding measures, consequences, consequence remedies to be applied, and a plan to prevent similar cases from occurring.

Article 6.Responsibilities of organizations and individuals transporting radioactive sources

1. Organizations and individuals transporting radioactive sources by road, railway or inland waterway shall:

a/ Comply with the regulations on safe transport of dangerous goods in accordance with Vietnam’s law and treaties to which Vietnam is a contracting party;

b/ Make and implement plans on assurance of security of radioactive sources during transport according to corresponding forms provided in Appendix I to this Circular.

2. Organizations and individuals transporting radioactive sources by air shall comply with the regulations on safe transport of dangerous goods by air in accordance with Vietnam’s law and treaties to which Vietnam is a contracting party.

3. In case an incident occurs during the transport of its/his/her radioactive source, an organization or individual shall:

a/ Take measures to promptly respond to or investigate causes of the incident, and seek remedies;

b/ Within 8 hours after detecting the incident, notify it in writing or by facsimile or telephone to the Vietnam Agency for Radiation and Nuclear Safety, the provincial-level state management agency in charge of science and technology of the locality where the incident occurs, and the nearest public security office;

c/ Within 5 working days after detecting the incident, send a written report to the Vietnam Agency for Radiation and Nuclear Safety, the provincial-level state management agency in charge of science and technology of the locality where the incident occurs, and the nearest public security office. Such report must clearly state causes and development of the incident, applied responding measures, consequences, consequence remedies to be applied, and a plan to prevent similar incidents from occurring.

Article 7.Organization of implementation

1. The Vietnam Agency for Radiation and Nuclear Safety shall guide and organize the implementation of this Circular.

2. Provincial-level state management agencies in charge of science and technology shall guide organizations and individuals having radioactive sources in their localities in implementing this Circular.

Article 8.Effect

1. This Circular takes effect on July 15, 2019.

2. The Minister of Science and Technology’s Circular No. 23/2010/TT-BKHCN of December 29, 2010, guiding the assurance of security of radioactive source; Circular No. 13/2015/TT-BKHCN of July 21, 2015, amending and supplementing Circular  No. 23/2010/TT-BKHCN; and Circular No. 05/2017/TT-BKHCN of May 25, 2017, partially ceasing the effect of Circular No. 13/2015/TT-BKHCN, cease to be effective on the effective date of this Circular.

3. In case the legal documents and technical regulations referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

4. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Science and Technology for consideration and solution.-

For the Minister of Science and Technology
Deputy Minister
PHAM CONG TAC

* The appendices to this Circular are not translated.