VietnameseDecree No. 51/2006/ND-CP dated May 19, 2006 of the Government providing for the sanctioning of administrative violations in the domain of radiation safety and control
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Decree No. 51/2006/ND-CP dated May 19, 2006 of the Government providing for the sanctioning of administrative violations in the domain of radiation safety and control
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 51/2006/ND-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/05/2006 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administrative violation , Natural Resources - Environment |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No. 51/2006/ND-CP | Hanoi, May 19, 2006 |
DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF RADIATION SAFETY AND CONTROL
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
Pursuant to the June 25, 1996 Ordinance on Radiation Safety and Control;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation and subjects of application
1. This Decree defines administrative violations in the domain of radiation safety and control, the sanctioning forms and levels, the sanctioning competence and procedures, and remedies for such violations.
2. This Decree applies to all individuals and organizations that intentionally or unintentionally commit acts of violating the provisions of law on state management in the domain of radiation safety and control, which are, however, not crimes and must be administratively sanctioned according to the provisions of this Decree.
Foreign individuals or organizations that commit administrative violations in the domain of state management of radiation safety and control within the territory of the Socialist Republic of Vietnam shall also be sanctioned under this Decree; where it is otherwise provided for by treaties to which Vietnam is a contracting party, the provisions of such treaties shall apply.
3. Administrative violations in the domain of state management of radiation safety and control shall cover:
a/ Acts of violating the Radiation Safety and Control Ordinance's provisions on declaration, registration and permits;
b/ Acts of violating the regulations on conditions to ensure radiation safety;
c/ Acts of violating specific provisions of the Ordinance on Radiation Safety and Control and the Government's Decree No. 50/1998/ND-CP of July 16, 1998, detailing the implementation of the Ordinance on Radiation Safety and Control (hereinafter called Decree No. 50/1998/ND-CP for short).
Article 2.- Interpretation of terms
In this Decree the terms below are construed as follows:
1. "Irradiation facilities" mean any ionizing radiation equipment, including equipment which radiates only when in operation (such as X-ray machines, accelerators...) and equipment attached with inner radioactive sources (such as remote radiotherapy equipment, piezo radiotherapy equipment, dosimeters used in industries and research, X-ray machines used in analysis at jeweler's, radiation establishments, nuclear reactors, etc.).
2. "Radioactive sources" mean radioactive materials which are used separately or together with equipment in the application of nuclear techniques for a certain purpose. Radioactive sources may be sealed or open.
3. "Sealed radioactive sources" mean radioactive materials encased in specially-structured capsules which help prevent its leakage into the environment under normal working conditions or in case of radiation incidents.
4. "Open radioactive sources" mean radioactive materials not encased in capsules but having the special structure like the sealed ones, which can be split in the use duration or easily leaked under normal use conditions.
5. "Radiation safety services" mean activities in service of radiation safety-related jobs of radiation establishments such as metering personal radiation dose; designing, building, renovating, expanding or upgrading such radiation establishments as X-ray chambers, nuclear medicine departments, remote radiotherapy establishments, radioactive source deposits, radioactive material and waste deposits; assessing radiation safety and impacts on the environment; inspecting quality of irradiation facilities; standardizing radiation meters and equipment.
6. "Transportation index" means the index used to control irradiation, to set the quantity of radioactive materials for radioactive goods packages so as to ensure safety in the transportation process.
Article 3.- Sanctioning principles
1. Individuals or organizations shall be sanctioned in the domain of radiation safety and control only when they commit acts of violation specified in Chapter II of this Decree.
2. All administrative violations, when detected, must be stopped immediately. The sanctioning of administrative violations must be conducted in a swift, just and thorough manner; all consequences caused by administrative violations must be remedied in accordance with the provisions of law.
3. The sanctioning of administrative violations in the domain of radiation safety and control must be carried out by competent persons in strict compliance with the provisions of law on sanctioning of administrative violations.
4. An act of administrative violation shall be sanctioned only once; a person committing many acts of administrative violation shall be sanctioned for every act of violation; where many persons jointly commit an act of administrative violation, every violator shall be sanctioned.
5. The sanctioning of administrative violations must be based on the nature and severity of such violations, on personal records of the violators and on extenuating as well as aggravating circumstances so that appropriate sanctioning forms and levels as well as remedies shall be decided in accordance with the provisions of this Decree.
6. Sanctions shall not be imposed for administrative violations committed in cases of emergency, legitimate self-defense, unforeseeable incidents or when violators suffer from mental diseases or other diseases, which deprive them of the capacity to cognize or control their acts.
7. Where an individual or organization commits many acts of administrative violation at a time, including violations in the domain of radiation safety and control, the sanctioning competence shall be determined on the principles defined in Clause 3, Article 42 of the Ordinance on Handling of Administrative Violations.
8. When deeming that acts of administrative violation in the domain of radiation safety and control show signs of crimes, the competent persons defined in Articles 23, 24 and 25 of this Decree shall transfer dossiers to competent criminal proceedings-conducting agencies for handling.
It is prohibited to apply administrative sanctions against violations showing signs of crimes in the domain of radiation safety and control.
9. The extenuating and aggravating circumstances shall comply with the provisions of Articles 8 and 9 of the 2002 Ordinance on Handling of Administrative Violations.
Article 4.- Sanctioning forms and remedies
1. For every act of administrative violation in the domain of radiation safety and control, the violating individuals or organizations shall be subject to one of the following principal sanctioning forms:
a/ Caution: This form shall apply to minor and first-time violations involving extenuating circumstances or to any act of administrative violation committed by minors aged between full 14 years and under 16 years;
b/ Fines: Based on the nature and severity of violations, the competent persons shall decide on fine levels within the prescribed fine bracket.
In case of fine, the specific fine level for an act of administrative violation shall be the average level of the fine bracket provided for such act without extenuating or aggravating circumstances. The average level of the fine bracket shall be determined by equally dividing the total of the minimum level and the maximum one.
For violations involving extenuating circumstances, the fine levels may be reduced but must not be lower than minimum level of the prescribed fine bracket.
For violations involving aggravating circumstances, the fine levels may be increased but must not be higher than maximum level of the prescribed fine bracket.
2. Depending on the nature and severity of their violations, individuals or organizations committing administrative violations in the domain of radiation safety and control may also be subject to one of the following additional sanctioning forms:
a/ Deprivation of the right to use permits in the domain of radiation safety and control for up to 6 months;
b/ Confiscation of material evidences and/or means used for commission of administrative violations.
3. Apart from the above principal and additional sanctioning forms, individuals or organizations committing administrative violations may also be compelled to apply one or some of the following remedies:
a/ Compelled decontamination of the contaminated areas up to the environmental standards;
b/ Compelled restoration of the initial state, which has been altered by administrative violations;
c/ Compelled destruction or burial of objects and/ or goods containing radioactive materials strictly according to regulations on radiation safety;
d/ Compelled renovation of construction structures or shielding according to radiation safety standards so as to protect the surrounding environment;
e/ Compelled re-export of imported material evidences of violations under the provisions of law;
f/ Compelled recovery of material evidences which have been dispersed; search for radiation sources so as to restore the initial state;
g/ Compelled arrangement of appropriate jobs for persons under 18 years of age or persons affected with diseases prescribed by the Health Ministry; for pregnant or breastfeeding women according to the provisions of Clause 1, Article 6 and Clause 3, Article 10 of the Government's Decree No. 50/1998/ND-CP of July 16, 1998, detailing the implementation of the Ordinance on Radiation Safety and Control and the Labor Code.
h/ Other remedies as provided for in Chapter II of this Decree.
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