Circular No. 17/2013/TT-BKHCN of July 30, 2013, guiding the implementation of provisions on declaration of the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non- Proliferation of Nuclear Weapons

THE MINISTRY OF SCIENCE AND TECHNOLOGY

Circular No. 17/2013/TT-BKHCN of July 30, 2013, guiding the implementation of provisions on declaration of the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non- Proliferation of Nuclear Weapons

Pursuant to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, which was concluded on October 2, 1989, and took effect on February 23, 1990;

Pursuant to the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy

Agency for the Application of Safeguards in Connection with the Treaty on the Non- Proliferation of Nuclear Weapons, which was concluded on August 10, 2007, and took effect on September 17, 2012;

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

Pursuant to the Government’s Decree No. 20/2013/ND-CP of February 26,2013, 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;

The Minister of Science and Technology promulgates the Circular to guide the implementation of provisions on declaration of the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

Article 1. Scope of regulation

      This Circular guides the implementation of provisions on declaration of the Additional Protocol to the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

Article 2. Subjects of application

This Circular applies to:

1.       Organizations and individuals that conduct research and development activities involving the nuclear fuel cycle without the use of nuclear materials.

2.   Organizations and individuals that have:

a/ Facilities subject to nuclear control, including those which have ceased activities involving nuclear materials or source nuclear materials and moved nuclear, materials or source nuclear materials;

b/ One or less than one effective kilogram of nuclear materials or source nuclear materials, including nuclear materials or source nuclear materials already moved;

c/ Nuclear materials or source nuclear materials which are exempted under the Agreement between the Socialist Republic of Vietnam and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non- Proliferation of Nuclear Weapons.

3.   Organizations and individuals that are engaged in:

a/ Production or assembly of equipment and materials in the nuclear fuel cycle prescribed in Appendix I to this Circular;

b/ Exploitation or processing of uranium and thorium ores;

c/ Import, export, use or storage of source nuclear materials neither yet finished nor of purity suitable to the nuclear fuel generation or isotope enrichment, including also import and export of source nuclear materials for non-nuclear purposes;

d/ Storage or disposal of radioactive waste containing highly enriched plutonium or uranium or uranium-233, not covering the re-packaging, conditioning, or separation of elements for storage or burial;

dd/ Import or export of materials and equipment in the nuclear fuel cycle.

Article 3. Interpretation of terms

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

1.   Research and development involving the nuclear fuel cycle means research and development in transmutation of nuclear materials; enrichment of nuclear materials; manufacture of nuclear material nuclear reactors, limit structured; nuclear fuel recycling; disposal of radioactive wastes containing highly enriched plutonium or uranium or uranium-233 (not covering re-packaging or conditioning for storage or burial without separation of elements).

2.   Highly enriched uranium containing at least 20% of uranium- 235 isotope.

3.   Zone means an area delimited in relevant engineering information of a facility subject nuclear control or a facility that has one or less than one effective kilogram of nuclear materials or source nuclear materials in constant use;

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