Circular No. 38/2011/TT-BKHCN dated December 30, 2011 of the Ministry of Science and Technology prescribing security assurance requirements for nuclear material and facilities

CIRCULAR

PRESCRIBING SECURITY ASSURANCE REQUIREMENTS FOR NUCLEAR MATERIAL AND FACILITIES

Pursuant to the Government s Decree No. 28/2008/ND-CP of March 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology:

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

The Minister of Science and Technology prescribes security assurance requirements for nuclear material and facilities as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes security assurance requirements to prevent, detect, stop and respond to acts of stealing, illegally-appropriating or destroying nuclear material during their use, storage or transportation, and to prevent, detect, stop and respond to acts of unauthorizedly accessing or sabotaging nuclear facilities.

2. This Circular applies to institutions and individuals that conduct activities related to nuclear material and facilities in Vietnam.

Article 2. Interpretation of terms

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

1. Restricted area means an area in which a nuclear facility or material is located and to which access is controlled in order to assure security.

2. Protected area means an area in which a nuclear material of category I or category II is stored or a critical area is stored and which is surrounded by a physical barrier; a protected area lies within a restricted area.

3. Special-control area means an area in which a nuclear material of category I is used or stored; a special-control area lies within a protected area.

4. Critical area means an area in which a nuclear material, system, equipment or machinery the sabotage of which may directly or indirectly cause radioactive consequences; a critical area lies within a protected area of a nuclear facility.

5. Physical barrier means a fence, wall or obstacle used to control entry and exit and delay unauthorized access.

6. Nuclear facility means a facility defined in Clause 1, Article 37 of the Law on Atomic Energy.

7. Insecurity of a nuclear facility or material means the occurrence of any of the following situations:

a/ A nuclear material is stolen or illegally appropriated or destroyed during its use storage or transportation:

b/ A nuclear facility is unauthorizedly accessed or sabotaged;

c/ There is a ground to confirm that there is an imminent danger leading to the situation specified at Point a or b of this Clause.

8. Radioactive consequence means a consequence harmful to humans and the environment caused by a radioactive substance.

Article 3. Categorization of nuclear material

Based on the security requirements, nuclear material may be divided into categories I, II and III as specified in the Appendix to this Circular and nuclear material not belonging lo these categories.

Article 4. Principles of security assurance for nuclear material and facilities

1. The head of an institution or an individual licensed to perform radiation work related to nuclear material or facilities shall assume the highest responsibility for assuring security of nuclear material and facilities.

2. Institutions and individuals that are licensed to perform radiation work related to nuclear material or facilities shall observe security assurance requirements for nuclear material and facilities specified in this Circular and other relevant regulations.

3. Security assurance requirements and measures applicable to nuclear material and facilities must be suitable to different categories of nuclear material and levels of radioactive consequences of sabotage. Institutions and individuals that use store and transport nuclear material not belonging to categories I. II and III shall take necessary management measures to assure security.

4. Nuclear safety and security assurance and control measures must be taken into account right from the designing stage so that these measures support and do not badly affect one another.

Article 5. Security assurance plans

Institutions and individuals that perform radiation work related to nuclear material or facilities shall work out security assurance plans describing in detail security measures in compliance with this Circular. A security-assurance plan constitutes part of a safety assessment report in a dossier of application for grant or extension of a license for performance of radiation work as well as part of a report on the safety status for performance of radiation work which shall be made and sent to the Vietnam Agency for Radiation and Nuclear Safely on an annual basis or at the latter s request.

Chapter II

SECURITY ASSURANCE FOR NUCLEAR MATERIAL IN USE AND STORAGE AND SECURITY ASSURANCE FOR NUCLEAR FACILITIES

Article 6. Responsibilities of institutions and individuals when using and storing nuclear material of category I

1. To establish a restricted area and apply measures to control and restrict access to this area.

2. To establish a protected area satisfying the following requirements:

a/ Lying within the restricted area;

b/ Having a physical barrier surrounding this area and devices lo detect and alert unauthorized access: the physical barrier and unauthorized access-detecting and -alerting devices must be designed to ensure enough lime for the security force to weigh up alert reasons and promptly respond to unauthorized access;

c/ Having a limited number of points of entry at which unauthorized access-detecting and -alerting devices are installed;

d/ Minimizing the number of persons authorized to access this area who must bear ID cards: persons authorized to access this area without an escort must be staff members of the facility who have no previous convictions and criminal records, are not being examined for penal liability, have good ethical quality and permits granted by the head of the facility: other persons, when entering this area, must be escorted and have permits granted by the head of the facility, clearly indicating the persons permitted lo enter, the escorts and time of entry and exit:

e/ Taking measures to check persons, vehicles and objects entering and leaving the area to detect and prevent unauthorized access, bringing of prohibited objects into or unauthorized bringing of nuclear material out of the area.

3. To establish a special-control area satisfying the following requirements:

a/ Lying within the protected area:

b/ Applying measures to constantly supervise persons present in this area:

c/ Permitting no personal vehicles to enter the area;

d/ Putting up a physical barrier at an appropriate distance to prevent road motor vehicles and waterway motor vessels from approaching the facility to sabotage it;

e/ Having a process of recording and storing information on all persons who have entered the area and all those who have used and managed keys, pass cards or the computer system controlling access to the area; information must be recorded in a monitoring book and preserved for at least 5 years:

f/ Applying security assurance measures specified at Points b, c. d and e, Clause 2 of this Article.

4. To use and store nuclear material in solidly designed chambers which are located in the special-control area, locked at all times and furnished with unauthorized access alert system; when nuclear material is temporarily placed in an unmanned working area and outside this chamber, necessary measures must be taken to assure security.

5. To elaborate and implement internal regulations on management of the keys of nuclear material use and storage chambers, and to assure:

a/ Regular change of lock combinations;

b/ Change of locks, keys or lock combinations upon defecting any sign of insecurity.

6. To apply necessary security assurance measures when moving nuclear material within the protected area or between protected areas.

7. To make nuclear material management files containing information on the storing place, form, physical state, composition and volume of nuclear material, and nuclear material use and storage logs.

8. To organize a security force which is on guard around the clock and patrols the protected area, promptly responds to or prevents unauthorized access: security guards must have a trustworthy personal background and be provided with knowledge about radiation safety, trained and properly equipped to perform their duties.

9. To set up a central alert station to supervise and evaluate alerts and communicate with the security force, response force and head of the facility. The central alert station must satisfy the following requirements:

a/ Being located within the protected area and designed to stay operational even in case of attacks;

b/ Having staff members on constant guard;

c/ Assuring that information transmitted to the station is stored and protected;

d/ Having measures to restrict and control access to the station.

10. To assure in all circumstances the uninterrupted transmission of data from all unauthorized access-detecting and –alerting devices to the central alert station and the communication of information between the station and the security force, response force or head of the facility.

11. To equip a system of two-way communication between the central alert station and the security force or response force to maintain the communication in all circumstances.

To assure that electricity is supplied uninterruptedly for alert devices and the central alert station and not affected by illegal interventions and acts of sabotage.

To elaborate and implement the process of regularly checking the operation of unauthorized access-detecting and -alerting devices, the communication system and other protection systems.

To elaborate and implement internal regulations on the preservation of confidentiality of information relating to the security of nuclear material. The computer system used for security and safely assurance and control of nuclear-material must be protected against all acts of sabotage, including network hackings.

To disseminate and update knowledge, information and regulations on security assurance for nuclear material to all staff members working in the restricted area.

16. To work out plans on response to insecurity circumstances, assuring the cooperation between the facility and response forces from the outside; to train staff members of the facility in taking actions to respond to insecurity incidents; to organize the maneuver of response plans once a year to assess the effectiveness of security assurance measures.

17. To coordinate with competent agencies in creating conditions for response forces from the outside to clearly understand the facility and the place of nuclear material, and have knowledge on protection against radiation.

Article 7. Responsibilities of institutions and individuals when using and storing nuclear material of category II

1. To observe the provisions of Clauses 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Article 6 of this Circular.

2. To use and store nuclear material of category II within the protected area.

3. To have a process of recording and keeping information on all persons who have once used or managed keys, pass cards or the computer system controlling access to nuclear material; such information must be preserved for at least 5 years.

Article. 8. Responsibilities of institutions and individuals when using and storing nuclear material of category III

1. To observe the provisions of Clauses 1, 15, 16 and 17. Article 6 of this Circular.

2. To use and store nuclear material of category III within the restricted area.

3. To apply necessary security assurance measures when transporting nuclear material within the restricted area.

4. To organize a security force staffed with persons who have a reliable personal background and are trained and properly equipped to be able to promptly respond to and prevent unauthorized accesses.

Article 9. Responsibilities of institutions and individuals having nuclear facilities

1. To observe the provisions of Clauses 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, Article 6 of this Circular.

2. To assure security for nuclear material used or stored in their nuclear facilities according to relevant requirements specified in Articles 6, 7 and 8 of this Circular. Particularly, nuclear material of category I must be used or stored within the critical area instead of within the special-control area.

3. To establish a critical area satisfying the following requirements:

a/ Having control and security assurance measures like the special-control area under Clause 3, Article 6 of this Circular;

b/ During the shutdown or maintenance period, access to the critical area must be strictly controlled; for an area where a nuclear reactor is located, before this nuclear reactor resumes its operation, check must be conducted to make sure that no harmful act is taken during the shutdown or maintenance period.

4. To assure that nuclear material, systems ,equipment and machinery are used and stored within the critical area if the sabotage thereof may directly or indirectly cause a highly radioactive consequence.

Article 10. Handling of nuclear material and facility insecurity incidents

When detecting a sign of nuclear material or facility insecurity, an institution or individual that owns the nuclear material or facility shall:

1. Promptly notify it to the nearest public security office for coordinated handling.

2. Report it within 8 hours to its/his/her direct managing agency, provincial-level Science and Technology Department and the Vietnam Agency for Radiation and Nuclear Safely.

3. Coordinate with competent agencies in finding and recovering lost nuclear material.

4. Right after an act of nuclear material sabotage occurs, the nuclear facility shall take measures to mitigate damage and to protect itself and humans.

Chapter III

SECURITY ASSURANCE FOR NUCLEAR MATERIAL DURING TRANSPORTATION

Article 11. Responsibilities of consignors for transportation of nuclear material of category 1

1. To notify in advance the consignee of the transportation plan, mode and route, time of arrival and place of delivery, clearly indicating the time of transfer of the security assurance responsibility for nuclear material.

2. Before (he transportation, to obtain written consent of the consignee and carrier to the time, place and process of transfer of the security assurance responsibility and report to the Vietnam Agency for Radiation and Nuclear Safely and the provincial-level Science and Technology of the locality where nuclear material is delivered and received.

3. To select a transportation route, avoiding areas vulnerable to natural disaster or places where national security and social order and safely cannot be assured; to have a reserve transportation route for case in which the main transportation route cannot be used.

4. To minimize the number of times and duration of transshipment or delivery of nuclear material from one vehicle or vessel to another or from one temporary storehouse to another.

5. To transport nuclear material by sealed and locked vehicles or vessels or in sealed and locked compartments or holds or freight containers: nuclear material must be securely fastened to vehicles or vessels, compartments or holds or freight containers; locked or sealed nuclear material weighing more than 2,000 kilograms each may be transported by open vehicles or vessels, provided it is locked to compartments or holds or freight containers with at least two locks and keys to these locks are kept by different persons.

6. Before loading nuclear material onto a vehicle or vessel, to check the vehicle or vessel; right after completing the check, to assure that the vehicle or vessel is parked or called in security places or watched by security guards before the loading of nuclear material.

7. Before transportation, to check and secure that no foreign object is attached to nuclear material or compartments or holds: before transportation and during the delivery of nuclear material, to check the intactness of locks and seals on nuclear material, compartments or holds, containers and vehicles or vessels.

8. To set up a transportation control center to locate positions of vehicles or vessels, monitor the security status of shipments, maintain communication with persons involved in the transportation and the response force, and alert this force in case of attacks; the transportation control center shall be protected to maintain its operation even in case of attacks: for a shipment in the course of transportation, the transportation control center must have the consignee s staff members on guard.

9. To arrange guards in the transportation process to supervise and respond to insecurity incidents: to inform and hand over documents assigning responsibilities to each guard during transportation; to guide guards in reporting to the transportation control center regularly and upon the arrival of the nuclear material at the last place of receipt, overnight stopover or place of delivery.

10. To ensure conditions for timely communication between persons involved in the transportation, escorts, carriers, consignors, consignees, public security offices and related agencies and institutions throughout the course of transportation and in cases of emergency.

11. To work out plans on response to insecurity incidents and perform drills under these plans.

12. To elaborate and implement internal regulations on confidentiality of information relating to the security of transportation of nuclear material.

13. Depending on each mode of transporta­tion, to satisfy the following additional requirements:

a/ For road transportation, to use special-use vehicles which are designed to resist attacks and equipped with devices which can lock the vehicle operation; each vehicle must have at least one guard besides the driver: each vehicle must have at least one escorting vehicle carrying guards who supervise and protect the transporting vehicle and respond to incidents when necessary;

b/ For railway transportation, nuclear material must be placed in a special freight car and guards must be in a car closest to that car;

c/ For waterway transportation, nuclear material must be transported by special-use cargo ships;

d/ For air transportation, nuclear materials must be transported as the sole cargo on freighter aircraft.

Article 12. Responsibilities of consignors for transportation of nuclear materials of category II

1. To transport nuclear material by sealed and locked vehicles or vessels or in sealed and locked compartments or holds or freight containers; nuclear material must be securely fastened to vehicles or vessels, compartments or holds or freight containers: locked or sealed nuclear material weighing more than 2,000 kilograms each may be transported by open vehicles or vessels.

2. To have guards in the transportation process to supervise and respond to insecurity incidents; to inform and hand over documents assigning responsibilities to each guard during transportation.

3. To observe the provisions of Clauses 1, 2, 3, 4, 6, 7, 10, 11 and 12. Article 11 of this Circular.

Article 13. Responsibilities of consignors for transportation of nuclear material of category III

To observe the provisions of Clauses 1, 2, 3, 4, 7, 10 and 12. Article 11. and Clauses 1 and 2, Article 12 of this Circular.

Article 14. Responsibilities of carriers

Carriers shall observe the provisions of Clause 2, Article 63 of the Law on Atomic Energy.

Article 15. Responsibilities of consignees

1. To receive consigned nuclear material according to plans notified in advance to them.

2. To check the intactness of nuclear material and its locks and seals before receiving it and notify consignors of its receipt or missing right after the notified time.

3. To apply measures to assure security of nuclear material provided in this Circular after receiving nuclear material.

4. To promptly notify consignors and report to the Vietnam Agency for Radiation and Nuclear Safety and provincial-level Science and Technology Department when detecting that received nuclear material is not consistent with transportation contracts in terms of type or quantity or that nuclear material shows signs of deterioration, dismantlement, seal breaking or radioactivity leakage.

5. To join involved parties in remedying consequences of insecurity incidents.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16. Effect

1. This Circular takes effect on February 15, 2012.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for study, amendment and supplementation.

APPENDIX

CATEGORIES OF NUCLEAR MATERIALS
(To the Ministry of Science and Technology s Circular No. 38/2011/TT-BKHCN of December 30, 2011, prescribing security assurance requirements for nuclear material and facilities)

¹All plutonium except that with isotopic concentration exceeding 80% in plutonium 238.

²Material not irradiated in a reactor or irradiated in a reactor but with a radiation level < 100 rads/h at one meter unshielded.

³Other fuel having a nuclear material content in category I or II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 100 rads/h at one meter unshielded-