Law on Atomic Energy 2025, No. 94/2025/QH15

LAW

On Atomic Energy^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on Atomic Energy.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides atomic energy development and application; radiation safety, radiation protection, nuclear safety and nuclear security; nuclear power plants and research nuclear reactors; response to radiation incidents and nuclear incidents, compensation for radiation damage and nuclear damage; nuclear safeguards; and state management in the field of atomic energy.

Article 2. Subjects of application

This Law applies to domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations conducting activities in the field of atomic energy in Vietnam.

Article 3. Application of the Law on Atomic Energy

1. In case a law or resolution of the National Assembly promulgated before the effective date of this Law contains specific provisions on atomic energy that are not contrary to the principles of ensuring radiation safety, nuclear safety and nuclear security specified in Article 6 of this Law, such law or resolution shall apply.

2. In case a law or resolution of the National Assembly promulgated after the effective date of this Law contains provisions on atomic energy, it is required to specify which provisions of this Law shall apply and which provisions of such law or resolution shall apply, ensuring compliance with Article 6 of this Law.

Article 4. Interpretation of terms

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

1. Radiation safety means the implementation of measures to ensure the safety of radiation sources, prevent harmful effects of radiation, and avoid exposure incidents or mitigate their consequences to humans and the environment.

2. Nuclear safety means the implementation of measures to ensure compliance with operating conditions, prevention of incidents or mitigation of consequences of incidents caused by nuclear equipment or nuclear materials to humans and the environment.

3. Nuclear security means the prevention and detection of, and response to, acts of theft, sabotage, unauthorized access, and unlawful transportation or transfer, or other harmful acts involving radioactive sources, nuclear materials and nuclear equipment, or facilities managing, using or operating them.

4. Security of radioactive sources means the implementation of measures to prevent, detect, and respond to, acts of theft, sabotage, unauthorized access, and unlawful transportation and transfer, or other harmful acts involving radioactive sources.

5. Radiation protection means the protection of humans from the harmful effects of ionizing radiation and measures to achieve this.

6. Ionizing radiation (below referred to as radiation) means a stream of particles or electromagnetic waves capable of ionizing matter.

7. Exposure means the effect of radiation on humans, the environment, animals, plants or other material objects.

8. Radioactive substance means a substance that emits radiation due to the process of radioactive decay of atomic nuclei and has a radioactivity concentration or gross radioactivity exceeding the clearance level prescribed by law.

9. Radioactive waste means a waste that contains radioactive substances or radioactively contaminated objects that must be disposed of.

10. Nuclear fuel cycle means activities associated with the generation of nuclear energy, including: uranium or thorium ore exploration and processing; uranium enrichment; nuclear fuel fabrication; use of fuel in nuclear reactors; reprocessing of spent nuclear fuel, and treatment, storage and disposal of radioactive waste and spent nuclear fuel created from nuclear energy generation, and related research and development activities.

11. National radiation and nuclear safety agency means a specialized body assisting the central agency in charge of state management of atomic energy in managing, and performing the task of state management of, radiation safety, nuclear safety, nuclear security, nuclear inspection, and other functions and tasks prescribed by this Law and other relevant laws.

12. Radioactivity means a quantity representing the number of decayed radioactive nuclei occurring per unit of time.

13. Activities in the field of atomic energy means activities involving training, scientific research and technological development in atomic energy; design, construction, trial operation, operation and decommissioning of nuclear facilities and radiation facilities; radioactive mineral exploration, exploitation and processing, and radioactive mine closure; manufacture, storage, use, transportation, delivery, transfer, export and import of radioactive sources, radiation devices, nuclear fuel, source nuclear materials, nuclear materials and nuclear equipment; management of radioactive waste, disused radioactive sources and spent nuclear fuel; and support services for atomic energy application.

14. Radiation monitoring means dosimetry, radiation dose rate or radioactivity concentration, gross radioactivity and level of radioactive contamination in an area and the surrounding environment for the purpose of assessing or controlling exposure levels and interpreting dosimetry results.

15. Radiation dose means a quantity measuring the radioactive energy transmitted into and absorbed by an object or a living tissue.

16. Nuclear reactor means a system designed and fabricated to generate a controlled, self-sustaining fission chain reaction.

17. Research nuclear reactor means a nuclear reactor designed to generate neutrons or other radiation for radiation research, development and application, and education and training.

18. Level of exemption from notification or licensing means a value of radioactivity concentration, gross radioactivity, dose rate or radiation energy specified by a competent agency as a threshold at or below which a radiation source is exempt from notification or licensing requirement.

19. Clearance level means a value of radioactivity concentration or gross radioactivity of radionuclides in a radioactive substance as a threshold at or below which the substance is considered not causing exposure hazards to humans and the environment and no longer regulated as a radioactive substance.

20. Nuclear energy means energy released from the process of nuclear transformation, including fission energy, fusion energy, and energy from the decay of radioactive substances.

21. Atomic energy means nuclear energy, electromagnetic radiation energy, and energy of accelerated particles capable of ionizing matters.

22. Radiation safety manager means a person assigned by the head of an organization or by an individual conducting radiation jobs to manage radiation protection at a facility, ensuring strict compliance with radiation safety regulations.

23. Radiation worker means an individual working directly with radiation devices, nuclear equipment or radioactive materials, or working in an environment where he/she is likely to suffer exposure with an annual effective dose exceeding 1 millisievert, excluding natural background radiation.

24. Nuclear power plant means a power plant that uses one or more than one nuclear reactor to convert nuclear energy into electrical energy.

25. Nuclear fuel means nuclear material fabricated for use as fuel in nuclear reactors.

26. Spent nuclear fuel means fuel that has been irradiated and permanently removed from a reactor’s active zone.

27. Radiation source means a radioactive source or radiation device.

28. Radioactive source means a radioactive substance fabricated for use, excluding nuclear material.

29. Nuclear power unit means a complex consisting of a nuclear reactor generating fission energy, turbines, generators, and other auxiliary equipment to convert fission energy into thermal energy and electrical energy.

30. Nuclear safeguards means the control of the use of nuclear materials, source nuclear materials, and materials and equipment used in the nuclear fuel cycle, and other related activities to prevent the proliferation of nuclear weapons and the illegal transportation and use of nuclear materials, source nuclear materials, and materials and equipment used in the nuclear fuel cycle.

31. Radiation device means a device that emits or is capable of emitting radiation for certain purposes.

32. Nuclear equipment means a nuclear reactor, uranium conversion and enrichment equipment, nuclear fuel fabrication equipment, or equipment for processing spent nuclear fuel.

33. Safety culture means a system of established and developed standards, rules and behaviors of an organization or individual to ensure that radiation safety and nuclear safety are always given the top priority.

34. Security culture means a system of established and developed standards, rules and behaviors of an organization or individual to protect radioactive material, nuclear equipment, nuclear facilities, and related information from security threats.

35. Nuclear material means plutonium (except isotopic compositions with more than 80% plutonium-238); uranium-233; enriched uranium containing isotopes 235 or 233; uranium with isotopic ratio equivalent to that of natural uranium but not in the form of ore or ore tailings; and any material containing one or more of the above materials.

36. Source nuclear material means any of the following materials: uranium or thorium in the form of ore or ore tailings; uranium with uranium-235 content below that in natural uranium; ore containing thorium or uranium at or above 0.05% by weight; and other uranium or thorium compounds with content insufficient to qualify as a nuclear material.

37. Radioactive materials means radioactive substances, nuclear materials, source nuclear materials and radioactive waste.

38. Radioactively contaminated object means an object with radioactive substances unintentionally adhered to its surface or included in its composition, with radioactivity concentration or gross radioactivity exceeding the clearance level prescribed by law.

Article 5. The State’s policies in the field of atomic energy

1. The State’s policies in the field of atomic energy:

a/ Promoting  atomic energy development and application for peaceful purposes, serving socio-economic development, environmental protection, and improvement of the people’s quality of life, contributing to ensuring energy security and national sustainable development on the basis of optimal utilization of all resources at home and abroad;

b/ Prioritizing investment in, and diversifying capital sources for, atomic energy development and application;

c/ Ensuring state budget funds for scientific research and technological development in the field of atomic energy; establishing and operating the national network for environmental radiation monitoring and warning; and building a national-level facility for storage, treatment and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel;

d/ Increasing the capacity and effectiveness of the assurance of radiation safety, nuclear safety and nuclear security in atomic energy development and application; managing radioactive waste; and ensuring readiness for responding to radiation incidents and nuclear incidents;

dd/ Adopting preferential mechanisms for training, further training, attraction, employment and preferential treatment of human resources; investing in physical-technical facilities, equipment and laboratories for research and training institutions in the field of atomic energy;

e/ Prioritizing the transfer and application of advanced technologies, high technologies, and environmentally friendly technologies in the field of atomic energy; building the capacity of manufacture and localization of equipment in the field of atomic energy; step by step increasing the localization rate in construction and equipment manufacture toward mastering nuclear power technology;

g/ Ensuring and strengthening the capacity, human resources, financial resources and physical-technical facilities for the national radiation and nuclear safety agency and the system of state management agencies in charge of radiation safety, nuclear safety and nuclear security;

h/ Investing in and synchronously developing infrastructure, culture, education, healthcare and social welfare in localities where nuclear facilities are located;

i/ Promoting international integration and cooperation and implementation of international commitments in the field of atomic energy to which the Socialist Republic of Vietnam is a contracting party; facilitating cooperation among domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals and international organizations in the field of atomic energy serving socio-economic development;

k/ Intensifying public communication to improve the public awareness and build the social consensus on atomic energy development and application and promote a safety culture and a security culture.

2. The Government shall detail this Article.

Article 6. Principles of ensuring radiation safety, nuclear safety and nuclear security

1. Organizations and individuals that perform radiation jobs, or build radiation facilities or nuclear facilities shall take the prime responsibility for ensuring radiation safety, nuclear safety and nuclear security; and for establishing, maintaining and promoting a safety culture and a security culture.

2. To ensure that benefits brought about by radiation jobs outweigh the potential risks or damage to humans, property, society and the environment; to  protect present and future generations.

3. To ensure that exposure doses for the public and radiation workers do not exceed the limits specified by the law on atomic energy; to ensure the optimal radiation protection to achieve the reasonable highest level of safety.

4. To prepare resources for and plans on response to radiation incidents and nuclear incidents; to apply measures to mitigate harmful effects of radiation when radiation incidents and nuclear incidents occur; to ensure the accountability of state management agencies in handling radiation incidents and nuclear incidents.

5. To guarantee the right of citizens and residential communities to access information on radiation safety, nuclear safety and nuclear security; to make preparations for response to radiation incidents and nuclear incidents in accordance with law.

Article 7. Digital transformation in the field of atomic energy

1. The State shall promote comprehensive digital transformation with regard to radiation safety, nuclear safety and nuclear security, as well as in atomic energy development and application, ensuring publicity, transparency, interoperability, synchronism and timeliness in the collection, processing, exploitation and sharing of information and data in order to raise the effectiveness and efficiency of activities in the field of atomic energy.

2. The digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application is an integrated system serving the updating, storage, management, exchange and sharing of data on organizations, human resources, physical-technical facilities and activities in the field of atomic energy. This platform shall be designed to ensure data integration, interoperability and sharing with related national information systems and specialized information systems in accordance with law.

3. The declaration, licensing, registration and certification; the control of the export and import of nuclear equipment and radioactive materials; the management of radioactive materials and radiation devices; and the reporting on and exchange of environmental radiation monitoring data, and other specialized reports in the field of atomic energy shall be conducted, managed and stored on the digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application, except information classified as state secrets.

4. The access to, and exploitation and use of, data on the digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application must ensure compliance with competence, proper purposes, and the laws on protection of state secrets, personal data protection, information security assurance, and cybersecurity.

5. Organizations and individuals engaged in activities in the field of atomic energy shall provide and update information and data in a prompt, adequate and accurate manner to the digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application in accordance with law.

6. The State shall ensure resources for investment, construction, operation, maintenance and development of the digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application.

7. The Government shall provide in detail the organization and operation of the digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application.

Article 8. State management of atomic energy

1. The Government shall perform the unified state management of atomic energy and assign a central agency to act as the focal point for performing the state management of atomic energy (below referred to as the central-level state management agency in charge of atomic energy).

2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of atomic energy.

3. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of atomic energy in their localities.

4. The Government shall provide in detail the national radiation and nuclear safety agency specified in Clause 11, Article 4 of this Law, ensuring adherence to the principle of separation of the function of state management of radiation safety, nuclear safety and nuclear security from atomic energy development and application.

Article 9. Prohibited acts

1. Taking advantage of or abusing activities in the field of atomic energy to infringe upon independence, sovereignty, unity and territorial integrity or to interfere in internal affairs, threaten national security or interests, infringe upon lawful rights and interests of organizations or individuals, or cause harm to human health and life or the environment.

2. Researching, developing, fabricating, trading in, transporting, transferring, stockpiling, using, or threatening to use, nuclear weapons or radiation weapons.

3. Performing radiation jobs or providing support services for atomic energy application without being licensed by competent agencies.

4. Manufacturing, trading in, exporting or importing consumer products or goods with the radioactivity exceeding the law-specified limit.

5. Importing radioactive waste.

6. Violating regulations on assurance of radiation safety, nuclear safety and nuclear security, and nuclear safeguards.

7. Encroaching upon facilities, equipment or means used for ensuring radiation safety, nuclear safety and nuclear security in the field of atomic energy.

8. Appropriating, sabotaging or illegally transferring radioactive materials or nuclear equipment.

9. Concealing information, delaying the provision of information, or providing groundless or false information on radiation incidents or nuclear incidents, thereby harming interests of the State or lawful rights and interests of organizations and individuals.

10. Providing fake or misleading information; forging or falsifying dossiers or documents related to activities in the field of atomic energy for personal gain or obstructing the state management work.

Chapter II

ATOMIC ENERGY DEVELOPMENT AND APPLICATION

Article 10. Strategy for atomic energy development and application for peaceful purposes, and Master Plan on atomic energy development and application

1. Strategy for atomic energy development and application for peaceful purposes:

a/ The Strategy for atomic energy development and application for peaceful purposes shall be formulated on the basis of the socio-economic development strategy;

b/ Principal contents of the Strategy for atomic energy development and application for peaceful purposes include viewpoints, objectives, tasks, solutions and resources for implementation;

c/ The central-level state management agency in charge of atomic energy shall organize the formulation of, and submit, the Strategy for atomic energy development and application for peaceful purposes to the Prime Minister for approval.

2. Master Plan on atomic energy development and application:

a/ The Master Plan on atomic energy development and application is a technical, specialized master plan, which shall be formulated on the basis of the socio-economic development strategy, the Strategy for atomic energy development and application for peaceful purposes, and relevant national sectoral plans; and must set forth fundamental and long-term orientations and general objectives and specific objectives for atomic energy development and application for peaceful purposes;

b/ The central-level state management agency in charge of atomic energy shall organize the formulation and appraisal of, and submit, the Master Plan on atomic energy development and application to the Prime Minister for approval; and publicize, organize the implementation of, evaluate and adjust, the Master Plan in accordance with this Law;

c/ The Master Plan on atomic energy development and application shall be adjusted in case the adjustment of strategic objectives, socio-economic development plans, sectoral development strategies or relevant master plans in accordance with the planning law leads to a change in the contents of the Master Plan;

d/ The Master Plan on atomic energy development and application shall be adjusted according to fast-track procedures in one of the following cases: the implementation of resolutions of the National Assembly, the National Assembly Standing Committee or the Government concerning national defense and security assurance, rearrangement of administrative units or implementation of national important projects leads to a change in one or several of contents of the Master Plan; there are contradictions between the Master Plan and a high-level master plan; there are contradictions between the Master Plan and a same-level master plan; or the implementation of urgent projects or tasks leads to a change in one or several of contents of the Master Plan under the Government’s regulations.

3. The Government shall detail this Article.

Article 11. Development of human resources in the field of atomic energy

1. The State shall approve programs for training, further training and development of human resources in the field of atomic energy, and encourage domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals and international organizations to participate in implementing such programs.

2. The State shall adopt incentive policies to attract and preferentially treat highly qualified human resources and experts at home and abroad to work in the field of atomic energy; and prioritize the recruitment of graduates with excellent or distinction level from nuclear energy-related disciplines to work in state management agencies and the State’s institutions for atomic energy training, research, development and application.

3. The State shall adopt preferential and support policies for persons sent for training or further training in the field of atomic energy, including also nuclear power; and heighten the roles and responsibilities of training and research institutions in the field of atomic energy.

4. The state budget-salaried persons working in the field of atomic energy are entitled to occupational preferential allowances; persons performing official duties in contact with radiation are entitled to allowances for hazardous and dangerous jobs in accordance with law.

5. The Government shall detail Clauses 1, 2 and 3 of this Article.

Article 12. Building of scientific and technological capacity for atomic energy development and application

1. The State shall prioritize investment in the development of nuclear science and technology potential and development of strategic technologies, and increase physical facilities for science and technology research and application in the field of atomic energy; and shall approve a national program on science, technology and innovation for atomic energy development and application.

2. The State shall make focused investment and encourage domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals and international organizations to invest in activities in the field of atomic energy serving socio-economic development and nuclear power development.

3. The State shall adopt support and preferential policies to strengthen scientific and technological capacity for atomic energy development and application for organizations and individuals operating in the field of atomic energy.

4. The Government shall detail this Article.

Article 13. Mobilization of social resources for activities in the field of atomic energy

1. The State shall diversify forms of science and technology organizations and training institutions in the field of atomic energy; organizations performing radiation jobs; and organizations providing support services for atomic energy application.

2. Enterprises, organizations and non-business units may establish science and technology development funds for atomic energy research and application activities in accordance with the law on science, technology and innovation.

3. Organizations and individuals participating in the establishment of, or investing in, science and technology organizations and training institutions in the field of atomic energy, organizations performing radiation jobs, and organizations providing support services for atomic energy application are entitled to incentive policies in accordance with law.

4. Forms of mobilizing social resources for activities in the field of atomic energy:

a/ Investment in the establishment of science and technology organizations and training institutions in the field of atomic energy, organizations performing radiation jobs, and organizations providing support services for atomic energy application;

b/ Investment in the form of public-private partnership in the field of atomic energy;

c/ Borrowing of capital for investment in infrastructure facilities, radiation devices and nuclear equipment;

d/ Cooperation with international nuclear energy research institutions in establishing joint laboratories;

dd/ Rent or lease of assets and use of assets for business, joint venture or association purposes;

e/ Deferred-payment or installment-payment purchase, rent or borrowing of radiation devices;

g/ Donations or aid of organizations and individuals at home and abroad;

h/ Mobilization of social resources for the provision of public non-business services in the field of atomic energy;

i/ Other forms as prescribed by law.

5. The Government shall detail this Article.

Chapter III

RADIATION SAFETY, RADIATION PROTECTION, NUCLEAR SAFETY AND NUCLEAR SECURITY

Section 1

GENERAL PROVISIONS

Article 14. Radiation jobs

Radiation jobs include:

1. Trial operation of nuclear power units and research nuclear reactors; operation of nuclear power plants and research nuclear reactors;

2. Operation of irradiation devices;

3. Use of radiation devices; use and storage of radioactive sources;

4. Manufacture and processing of radioactive substances, uranium enrichment, and nuclear fuel fabrication;

5. Exploration, exploitation and processing of radioactive minerals;

6. Treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel;

7. Change of the scale or scope of operation or decommissioning of radiation facilities and nuclear facilities;

8. Import and export of radioactive substances, source nuclear materials, nuclear materials and nuclear equipment;

9. Packaging and transportation of radioactive materials; transit of radioactive materials through Vietnam’s territory;

10. Other radiation jobs as specified by the Government.

Article 15. Support services for atomic energy application

Support services atomic energy application include:

1. Radiation safety training; professional training and further training for individuals providing support services for atomic energy application;

2. Installation of radioactive sources; installation, maintenance and repair of radiation devices and nuclear equipment;

3. Personal irradiation dosimetry; assessment of radioactivity;

4. Inspection of radiation devices and nuclear equipment; calibration of radiation meters;

5. Decontamination and radiation monitoring;

6. Testing of radiation devices;

7. Other support services for atomic energy application as specified by the Government.

Article 16. Radiation facilities

Radiation facilities include:

1. Facilities operating accelerators;

2. Facilities operating irradiation devices with the use of radioactive sources;

3. Facilities manufacturing and processing radioactive substances;

4. Facilities treating, storing and disposing of radioactive waste, disused radioactive sources and spent nuclear fuel as specified in Clause 1, Article 38 of this Law;

5. Other radiation facilities as specified by the Government.

Article 17. Safety assessment reports, safety analysis reports and radiation job safety status reports

1. Safety assessment reports:

a/ Organizations and individuals shall prepare a safety assessment report for radiation jobs when applying for a license to perform radiation jobs, except the activities specified in Clauses 1 and 7, Article 14 of this Law;

b/ Safety assessment reports for radiation jobs must be appropriate to specific types of radiation jobs.

2. Safety analysis reports:

a/ Radiation facilities shall prepare a safety analysis report and submit it to the national radiation and nuclear safety agency for approval prior to construction of such a radiation facility, except facilities operating irradiation devices with built-in shielding as designed by manufacturers and facilities operating mobile accelerators for cargo screening;

b/ Radiation facilities shall prepare a safety analysis report when applying for a license to perform radiation jobs involving a change in the scale or scope of operation or decommissioning.

3. Organizations and individuals performing radiation jobs shall prepare radiation job safety status reports on an annual basis or whenever requested by the national radiation and nuclear safety agency or by specialized agencies assisting provincial-level People’s Committees in performing the state management in the field of atomic energy in accordance with law.

4. The Government shall detail this Article.

Article 18. Control of exposure caused by radiation jobs

1. Control of exposure caused by radiation jobs covers:

a/ Occupational exposure control, which is control of radiation doses for radiation workers when performing radiation jobs;

b/ Medical exposure control, which is control of radiation doses for patients during diagnosis and treatment; persons assisting or caring for patients; and volunteers participating in biomedical research programs;

c/ Public exposure control, which is control of radiation doses caused by radiation jobs to persons other than those specified at Points a and b of this Clause.

2. The exposure control specified in Clause 1 of this Article must adhere to the principles specified in Clauses 2 and 3, Article 6 of this Law.

3. The Government shall detail this Article.

Article 19. Requirements on security of radioactive sources and nuclear materials

1. Requirements for organizations and individuals possessing radioactive sources:

a/ To establish, maintain and promote a security culture;

b/ To devise and implement security measures for radioactive sources appropriate to their hazard levels and based on threat assessment, in order to prevent the acts of theft and sabotage of, and illegal access to, transportation and transfer of, or other harmful acts involving, radioactive sources; to ensure mutual support and enhanced effectiveness of radiation safety measures;

c/ To maintain security of radioactive sources until they are cleared;

d/ To conduct periodical inventory of radioactive sources;

dd/ To implement response measures in case radioactive sources become insecure;

e/ To comply with regulations on confidentiality of information relating to the security system, including also cybersecurity, in accordance with law.

2. Requirements for organizations and individuals possessing nuclear materials:

a/ To establish, maintain and promote a security culture;

b/ To formulate and implement entity protection measures for nuclear materials based on threat assessment, the nature of nuclear materials, and potential consequences of the acts of theft and sabotage of, and illegal access to, transportation and transfer of, or other harmful acts involving, nuclear materials;

c/ To apply the defense-in-depth principle when designing and formulating entity protection measures for nuclear materials;

d/ To formulate and implement quality assurance policies and programs for the entity protection system;

dd/ To take response measures in case nuclear materials become insecure;

e/ To comply with regulations on confidentiality of information relating to the entity protection system, including also cybersecurity, in accordance with law.

3. Organizations and individuals possessing radioactive sources or nuclear materials that are lost, appropriated, sabotaged, abandoned or illegally transferred have the following responsibilities:

a/ To immediately report thereon to one of the following agencies: the national radiation and nuclear safety agency; the state management agency in charge of prevention of the proliferation of weapons of mass destruction; the specialized agency assisting the provincial-level People’s Committee in performing the state management of atomic energy; or the public security agency or People’s Committee in the nearest place;

b/ To coordinate with related agencies, organizations and individuals in searching for, reclaiming, and handling radiation or nuclear incidents involving, radioactive sources or nuclear materials.

4. Organizations and individuals that detect radioactive sources or nuclear materials that are lost, appropriated, sabotaged, abandoned or illegally transferred without being reported shall immediately report thereon to one of the following agencies: the national  radiation and nuclear safety agency; the state management agency in charge of prevention of the proliferation of weapons of mass destruction; the specialized agency assisting the provincial-level People’s Committee in performing the state management of atomic energy; or the public security agency or People’s Committee in the nearest place.

5. The Government shall detail this Article.

Article 20. Radiation monitoring in the workplace

1. Organizations and individuals performing radiation jobs shall periodically and systematically perform radiation monitoring in their workplaces and measure necessary parameters for use as a basis for assessing radiation safety.

2. Machinery and equipment used for radiation monitoring and measurement must conform to national technical regulations and shall be periodically maintained and calibrated.

3. Organizations and individuals performing radiation jobs shall establish, update and preserve radiation monitoring records.

4. The Government shall detail this Article.

Article 21. Decommissioning of radiation facilities

1. Upon decommissioning, a radiation facility shall strictly implement the approved plan for dismantlement, decontamination and disposal of radioactive sources and radioactive waste as included in the dossier of application for a decommissioning license for decommissioning.

2. The radiation facility shall bear all expenses for the dismantlement, decontamination and disposal of radioactive sources, and the expenses for storage and treatment of radioactive waste upon decommissioning.

3. The dismantlement, decontamination and disposal of radioactive sources and radioactive waste must comply with regulations of the head of the central-level state management agency in charge of atomic energy.

4. The agency that has issued a decommissioning license as specified in Clause 1 of this Article shall inspect the dismantlement, decontamination and disposal of radioactive sources and radioactive waste, and provide recognition that the radiation facility has accomplished its responsibility for radiation safety assurance.

Article 22. Limiting harmful effects of existing exposure to humans

1. Existing exposure to humans includes:

a/ Direct or indirect exposure caused by residual radioactive substances generated from uncontrolled activities in the past or from radiation incidents or nuclear incidents declared as terminated;

b/ Natural exposure caused by radiation from the universe and surrounding natural objects.

2. The Government shall assign ministries and ministerial-level agencies to identify locations that suffer existing exposure levels likely to cause harm to humans and requiring intervention by competent agencies; conduct survey and assessment of potential harm; and notify provincial-level People’s Committees for their coordination in planning and implementing necessary measures to mitigate harmful effects to humans.

Article 23. Environmental radiation monitoring

1. Environmental radiation monitoring is the continuous, periodical or unscheduled, and systematic observation of changes in radiation in environmental components within a monitoring area. Environmental radiation monitoring helps promptly detect any radiation-related abnormal phenomena affecting the environment; support the proactive response to radiation incidents and nuclear incidents; provide radiation data serving the state management of atomic energy; and fulfill international commitments in the field of atomic energy to which the Socialist Republic of Vietnam is a contracting party.

2. Organizations performing radiation jobs that are likely to cause the release of radioactive substances shall carry out environmental radiation monitoring, send periodical reports on monitoring results to the national radiation and nuclear safety agency, and report abnormal monitoring results immediately after detecting them.

3. Environmental radiation monitoring data shall be managed and shared on the national digital platform for radiation safety, nuclear safety, nuclear security and atomic energy development and application.

4. The development of the national network for environmental radiation monitoring and warning must comply with the Master Plan for atomic energy development and application.

5. The Government shall detail this Article.

Article 24. Requirements on assurance of radiation safety in medicine

1. Organizations and individuals that use radiation devices, radioactive sources or radiopharmaceuticals in medicine shall adhere to the exposure control principles specified in Clauses 2 and 3, Article 6 of this Law. The dose limit principle for the public and radiation workers in medical exposure shall not be applied to patients.

2. Organizations and individuals that use radiation devices, radioactive sources or radiopharmaceuticals in medicine shall comply with radiation safety regulations for radiation workers, patients, persons assisting and caring for patients and the public; formulate and implement quality assurance programs in diagnosis and treatment; establish reference dose levels for diagnosis and exposure control for patients; report and investigate medical incidents related to radiation; make records for radiation dose management for patients; and formulate and promulgate professional and technical procedures for diagnosis and treatment.

3. Radiation devices used in medicine shall be fabricated and inspected in accordance with the law on atomic energy, the law on standards and technical regulations, and other relevant laws.

4. Radiation workers in direct contact with radiation devices, radioactive sources or radiopharmaceuticals at medical establishments shall be professionally trained and must possess appropriate radiation worker certificates.

5. The Government shall detail Clauses 2, 3 and 4 of this Article.

Article 25. Responsibilities of organizations and individuals for ensuring radiation safety, radiation protection and security of radioactive sources and nuclear materials

1. Responsibilities of the head of an organization or of the individual licensed to perform radiation jobs:

a/ To take the prime responsibility for ensuring radiation safety, radiation protection and security of radioactive sources and nuclear materials, and comply with this Law in performing radiation jobs;

b/ To assign a radiation safety manager; to provide in writing responsibilities and powers of the radiation safety manager;

c/ To fully satisfy the conditions specified in the license for conducting radiation jobs;

d/ To formulate, and organize the implementation of, internal rules or instructions on radiation safety, radiation protection and security of radioactive sources and nuclear materials;

dd/ To ensure safe working conditions; to organize professional coaching and training in radiation safety, periodical health checkups and occupational disease checkups, and monitor radiation doses for radiation workers;

e/ To submit to inspection and examination by the competent state management agency in charge of radiation safety and security of radioactive sources and nuclear materials; to fully provide necessary information upon request;

g/ To organize radiation monitoring and control of radioactive waste, ensuring that radiation and radioactive waste are within the dose limits specified by the law on atomic energy;

h/ To make facility-level plans, preparations and responses to radiation incidents and nuclear incidents;

i/ To report to the provincial-level People’s Committee and the national radiation and nuclear safety agency when radiation incidents or nuclear incidents occur.

2. Responsibilities of the radiation safety manager:

a/ To assist the head of the organization or the individual licensed to perform radiation jobs in implementing Points c, d, dd, e, g and h, Clause 1 of this Article;

b/ To assist the head of the organization or the individual licensed to perform radiation jobs in formulating, and organizing the implementation of, necessary technical measures to ensure the satisfaction of radiation safety conditions;

c/ Within the ambit of his/her responsibilities, to manage activities related to the storage and use of radioactive sources, radiation equipment, nuclear materials and nuclear devices in order to ensure radiation safety, radiation protection, and security of radioactive sources, nuclear materials and nuclear devices;

d/ To report to the head of the organization or the individual licensed to perform radiation jobs upon detecting abnormal signs regarding radiation safety, nuclear safety or nuclear security or upon the occurrence of radiation incidents or nuclear incidents;

dd/ To make and archive radiation safety and nuclear safety records.

3. Responsibilities of radiation workers:

a/ To comply with legal provisions, relevant national technical regulations and safety instructions appropriate to radiation jobs they are performing;

b/ To use radiation dose monitoring devices and protective equipment while performing radiation jobs and undergoing periodical health checkups and occupational disease checkups as directed by the radiation safety manager; to refuse to work when safety conditions are not fully satisfied, unless they participate in remediating radiation incidents or nuclear incidents;

c/ To immediately report to the radiation safety manager upon detecting abnormal phenomena concerning radiation safety or security of radioactive sources and nuclear materials while performing radiation jobs;

d/ To take measures to remediate radiation incidents or nuclear incidents under radiation incident or nuclear incident response plans or as instructed by the person designated by the head of the organization or the individual licensed to perform radiation jobs.

4. The Government shall define responsibilities of ministries and ministerial-level agencies for providing guidance on radiation safety, radiation protection, and security of radioactive sources and nuclear materials.

Section 2

RADIOACTIVE  MINERAL EXPLORATION, EXPLOITATION AND PROCESSING AND RADIOACTIVE MINE CLOSURE

Article 26. Requirements on radioactive  mineral exploration, exploitation and processing and radioactive mine closure

1. Radioactive minerals include:

a/ Radioactive minerals as specified by the law on geology and minerals;

b/ Minerals other than those mentioned at Point a of this Clause, in case by-products or wastes generated during radioactive mineral exploration, exploitation and processing and radioactive mine closure contain radionuclides in the natural radioactive decay chains of uranium and thorium, with the gross radioactivity or the radioactivity concentration requiring the application of radiation protection measures in accordance with the law on atomic energy.

2. Organizations and individuals engaged in radioactive mineral exploration, exploitation and processing and radioactive mine closure as specified in Clause 1 of this Article have the following responsibilities:

a/ To prepare safety assessment reports specified in Clause 1, Article 17 of this Law and submit them to the national radiation and nuclear safety agency for appraisal;

b/ To provide information on radiation safety assurance upon at the request of the national radiation and nuclear safety agency.

3. Use of results of the appraisal of safety assessment reports specified in Clause 2 of this Article:

a/ For radioactive mineral exploration activities, results of the appraisal of safety assessment reports will serve as a basis for competent state management agencies to issue mineral exploration licenses;

b/ For radioactive mineral exploitation activities, results of the appraisal of safety assessment reports will serve as a basis for competent state management agencies to issue mineral exploitation licenses;

c/ For radioactive mineral processing activities, results of the appraisal of safety assessment reports will serve as a basis for making decision on investment projects in accordance with the law on investment and other relevant laws. For mineral processing activities associated with investment projects on mineral exploitation, the appraisal of safety assessment reports shall be conducted simultaneously with the appraisal specified at Point b of this Clause;

d/ For radioactive mine closure, results of the appraisal of safety assessment reports will serve as a basis for competent state management agencies to issue mine closure decisions.

4. Organizations and individuals engaged in radioactive mineral exploration, exploitation and processing and radioactive mine closure shall comply with this Law, the law on geology and minerals, the law on investment, and other relevant regulations.

5. The Government shall detail this Article; and specify cases requiring the preparation of additional safety assessment reports.

Article 27. Environmental protection responsibilities of organizations and individuals engaged in radioactive mineral exploration, exploitation and processing and radioactive mine closure

1. Organizations and individuals engaged in radioactive mineral exploration, exploitation and processing and radioactive mine closure have the following responsibilities:

a/ To implement environmental protection, rehabilitation and restoration measures in accordance with the law on geology and minerals and the law on environmental protection; to conduct environmental radiation monitoring and ensure radiation safety in accordance with the law on atomic energy;

b/ To report to competent state management agencies in charge of minerals, investment,and environmental protection, and the national radiation and nuclear safety agency on results of the implementation of the measures specified at Point a of this Clause.

2. The Government shall detail this Article.

Section 3

TRANSPORTATION, TRANSIT, IMPORT AND EXPORT OF RADIOACTIVE MATERIALS AND NUCLEAR EQUIPMENT

Article 28. Safety and security assurance plans and incident response plans in transportation of radioactive materials

1. Organizations and individuals transporting radioactive materials shall formulate and implement safety and security assurance plans and incident response plans in transportation of radioactive materials.

2. Incident response plans in transportation of radioactive materials shall be appraised by the national radiation and nuclear safety agency.

3. The Government shall detail this Article.

Article 29. Transit by atomic energy-powered ships and other vehicles; transportation and transit of radioactive materials and nuclear equipment via Vietnam’s territory

1. The transit by nuclear-powered ships and other vehicles via Vietnam’s territory, and the transit of nuclear equipment and radioactive materials via Vietnam’s territory, except medium- and low-hazard radioactive sources, is subject to the Prime Minister’s permission and competent agencies’ supervision.

2. Transporters may not refuse to transport radioactive materials or nuclear equipment that are qualified and have been licensed for being transported in accordance with law.

3. The Government shall detail Clause 1 of this Article, and specify the transportation of medium- and low-hazard radioactive sources.

Article 30. Control of import and export of radioactive materials and nuclear equipment

1. The import and export of radioactive materials and nuclear equipment may only be conducted when licensed by a competent state agency.

2. Customs offices shall prioritize the performance of customs procedures in accordance with the customs law for radioactive materials and nuclear equipment that fully satisfy the conditions specified in Clause 1 of this Article; in case of committing violations, they shall, depending on the nature, severity and consequences of their violations, be handled in accordance with law.

3. Importers of radioactive materials or nuclear equipment that violate Clause 1 of this Article shall, depending on the nature, severity and consequences of their violations, be forced by competent state management agencies to remediate consequences of their violations before having the radioactive materials or nuclear equipment cleared from customs procedures, or subject to re-export or confiscation of such radioactive materials or nuclear equipment.

4. Exporters of radioactive materials or nuclear equipment that violate Clause 1 of this Article shall, depending on the nature, severity and consequences of their violations, be forced by competent state management agencies to remediate consequences of their violations before having the radioactive materials or nuclear equipment cleared from customs procedures.

5. The Government shall detail Clauses 1 and 2 of this Article; and provide the mechanism for coordination among customs offices, the national radiation and nuclear safety agency, and related agencies in controlling the import and export of radioactive materials and nuclear equipment.

Article 31. Control of the import of consumer goods having been irradiated

1. Consumer goods that have been irradiated and are not on the list of goods permitted for import, or that are on the list of goods permitted for import but have been irradiated beyond limit may not be permitted for import.

2. Consumer goods having have been irradiated or containing radioactive substances that are permitted for import must have such information clearly written on labels.

3. The Government shall detail this Article.

Article 32. Control of imported goods containing or being contaminated with radioactive substances

1. The national radiation and nuclear safety agency shall coordinate with customs offices in implementing necessary measures to inspect imported goods when detecting that such goods contain or are contaminated with radioactive substances or in case there is an early warning that the goods contain or are contaminated with radioactive substances.

2. When detecting that imported goods contain or are contaminated with radioactive substances, customs offices shall cease the customs clearance and notify such to the goods owners, vehicle owners or transit/transshipment service providers for applying the following measures:

a/ Immediately applying necessary safety measures to minimize harmful effects to humans and the environment;

b/ Immediately re-exporting the goods; in case it is impossible to identify the goods owners, vehicle owners or transit/transshipment service providers for re-exporting the goods, implementing incident response plans for out-of-control radioactive sources.

3. Customs offices shall coordinate with the national radiation and nuclear safety agency in controlling the implementation of measures for state management of radiation safety as specified in Clause 2 of this Article.

4. Goods owners, vehicle owners or transit/transshipment service providers shall remediate all consequences caused by imported goods containing or being contaminated with radioactive substances at border gates.

5. The head of the central-level state management agency in charge of atomic energy shall specify the list of goods subject to radiation monitoring.

6. The Government shall detail Clauses 1, 2, 3 and 4 of this Article.

Section 4

SAFETY AND SECURITY OF NUCLEAR FACILITIES

Article 33. Requirements on safety and security of nuclear facilities

1. Nuclear facilities include:

a/ Nuclear power plants;

b/ Facilities operating research nuclear reactors;

c/ Facilities for uranium conversion and enrichment and nuclear fuel fabrication and recycling;

d/ Facilities storing, treating and disposing of spent nuclear fuel.

2. Nuclear facilities must meet the following requirements:

a/ Controlling irradiation doses for radiation workers and the public; controlling the volume of radioactive emissions into the environment to be kept within limit;

b/ Preventing radiation incidents and nuclear incidents; and minimizing consequences of incidents, if any, to humans, the environment and the society;

c/ Ensuring radiation safety, nuclear safety and nuclear security during the construction, trial operation, operation and decommissioning of nuclear equipment and nuclear facilities, and during the use, storage and transportation of nuclear fuel, nuclear materials and radioactive waste;

d/ Preventing, detecting, stopping, and responding to risks of loss, or acts of theft, appropriation, sabotage, or illegal transfer or use of nuclear materials, nuclear equipment and nuclear fuel, as well as unauthorized access to or sabotage of nuclear facilities;

dd/ Ensuring that the site selection, designing, fabrication, construction, trial operation, operation and decommissioning of nuclear facilities comply with national technical regulations; in case no national technical regulations are available, it is allowed to apply national standards, foreign standards, foreign technical regulations or international standards recommended by partners, provided that they are suitable to Vietnam’s conditions and compliant with the International Atomic Energy Agency’s standards and guidelines on radiation safety, nuclear safety and nuclear security.

3. Owners of nuclear facility construction projects or operators of nuclear facilities shall prepare a nuclear facility safety analysis report, which must have detailed information on safety and complexity of the nuclear facility, and associated nuclear radiation risks, with a view to assessing and demonstrating the facility’s satisfaction of radiation safety, nuclear safety and nuclear security requirements, ensuring that data is updated, consistent and continuous throughout the stages of site approval, designing, construction, trial operation and operation. The nuclear facility safety analysis report shall be stored until the nuclear facility is completely decommissioned.

4. The Government shall provide in detail:

a/ Responsibilities of ministries, ministerial-level agencies and related agencies regarding radiation safety, nuclear safety and nuclear security for nuclear facilities;

b/ Requirements on radiation safety for the designing, construction, trial operation, operation and decommissioning of nuclear facilities;

c/ Requirements on nuclear safety for the site, designing, construction, trial operation, operation and decommissioning of nuclear facilities;

d/ Requirements on nuclear security for nuclear materials, nuclear fuel, nuclear equipment and nuclear facilities.

Article 34. Responsibilities of heads of nuclear facilities

1. General responsibilities:

a/ To assume the prime responsibility for ensuring radiation safety, nuclear safety, nuclear security and environmental protection throughout the entire lifecycle of nuclear facilities;

b/ To comply with this Law and other relevant laws;

c/ To devise management measures, clearly assigning responsibilities and powers to divisions and individuals involved in radiation safety, nuclear safety and nuclear security; to establish a monitoring and evaluation system;

d/ To comply with Points c, d, dd, e, g, h and i, Clause 1, Article 25 of this Law.

2. Responsibilities for ensuring radiation safety and nuclear safety:

a/ To ensure resources necessary for radiation safety and nuclear safety assurance;

b/ To prepare, and organize the implementation of, safety analysis reports and quality management systems;

c/ To organize environmental radiation monitoring under Clause 2, Article 23 of this Law and monitoring of other parameters in accordance with relevant laws;

d/ To prepare and submit annual safety status reports, 10-year overall reports or ad hoc reports to the national radiation and nuclear safety agency;

dd/ To establish, maintain and promote a safety culture.

3. Responsibilities for ensuring nuclear security:

a/ To ensure resources necessary for nuclear security assurance;

b/ To prepare, and organize the implementation of, security assurance plans for nuclear facilities;

c/ To establish, maintain and promote a safety culture;

d/ To immediately take necessary measures to search for and reclaim lost, appropriated, or illegally transferred or used nuclear fuel or nuclear materials; to promptly report such to the People’s Committees and public security agencies in the nearest places and the national radiation and nuclear safety agency; to bear all related expenses;

dd/ To deploy security assurance and entity protection systems in order to detect, prevent and promptly respond to acts of appropriating or illegally transferring or using nuclear fuel or nuclear materials, and acts of terrorism or sabotage against nuclear equipment; upon detecting signs of violation, to immediately report them to the national radiation and nuclear safety agency and competent agencies for handling in accordance with law.

4. The Government shall detail this Article.

Article 35. Information and communication

1. The central-level competent state management agency, provincial-level People’s Committees of localities where nuclear facilities are located, and nuclear facilities shall organize the following activities:

a/ Disseminating and providing information to raise the people’s awareness about nuclear facilities;

b/ Disseminating and popularizing knowledge on safety, security and incident response for the people in localities where nuclear facilities are located;

c/ Regularly providing information on the safety and security status of nuclear facilities to local people;

d/ Establishing a mechanism for receiving and responding to feedback of the people and residential communities about safety and security, particularly through the digital platform on radiation safety, nuclear safety, nuclear security and atomic energy development and application.

2. The Government shall detail this Article.

Section 5

RADIOACTIVE WASTE, DISUSED RADIOACTIVE SOURCES AND SPENT NUCLEAR FUEL

Article 36. General requirements on management of radioactive waste, disused radioactive sources and spent nuclear fuel

1. The management of radioactive waste and disused radioactive sources covers activities of collection, classification, treatment, storage and disposal of radioactive waste and disused radioactive sources.

2. The management of spent nuclear fuel covers activities of treatment, storage and disposal of spent nuclear fuel.

3. The management of radioactive waste, disused radioactive sources and spent nuclear fuel must adhere to the following principles:

a/ Protecting humans and the environment from radiation hazards and other hazards without placing burden on future generations;

b/ Minimizing the generation of radioactive waste;

c/ Taking into account potential biological, chemical and other hazards associated with the management of radioactive waste, disused radioactive sources and spent nuclear fuel;

d/ Implementing measures for critical control and removal of residual heat generated during the management of radioactive waste and spent nuclear fuel;

dd/ Ensuring that safety and security measures in the management of radioactive waste, disused radioactive sources and spent nuclear fuel comply with national technical regulations; in case no national technical regulations are available, it is allowed to apply national standards, foreign standards, foreign technical regulations or international standards that are suitable to Vietnam’s conditions and compliant with the International Atomic Energy Agency’s standards and guidelines on radiation safety, nuclear safety and nuclear security, and relevant treaties to which the Socialist Republic of Vietnam is a contracting party;

e/ Ensuring financial resources for the management of radioactive waste, disused radioactive sources and spent nuclear fuel.

4. National-level sites for storage, treatment and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel shall be included in the national master plan on environmental protection, regional master plans, provincial master plans, the Master Plan on atomic energy development and application, and other relevant master plans.

5. Provincial-level sites for storage, treatment and disposal of radioactive waste shall be included in the national master plan on environmental protection, regional master plans, provincial master plans, the Master Plan on atomic energy development and application, and other relevant master plans.

6. The central-level state management agency in charge of atomic energy shall organize the preparation of contents of the Master Plan on national-level sites for storage, treatment and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel for incorporation in the national master plan on environmental protection.

7. The Government shall detail Clauses 4, 5 and 6 of this Article.

Article 37. Responsibilities of organizations and individuals generating radioactive waste, disused radioactive sources or spent nuclear fuel

1. Organizations and individuals that generate radioactive waste, disused radioactive sources or spent nuclear fuel have the following responsibilities:

a/ To declare, and apply for a license to perform, radiation jobs in accordance with this Law;

b/ To comply with regulations on transfer, in case of mandatory or voluntary transfer of radioactive waste, disused radioactive sources or spent nuclear fuel;

c/ To ensure funding for the activities specified in Clauses 1 and 2, Article 36 of this Law.

2. The Government shall detail Points b and c, Clause 1 of this Article.

Article 38. Organizations engaged in the treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel

1. Organizations engaged in the treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel are enterprises or other organizations established in accordance with law.

2. The organizations mentioned in Clause 1 of this Article have the following responsibilities:

a/ To propose the national radiation and nuclear safety agency to issue a license for performing radiation jobs with regard to the treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel;

b/ To formulate a plan on financial resources for operation and operation termination of the organizations;

c/ To manage radiation safety, nuclear safety and nuclear security for radioactive waste, disused radioactive sources and spent nuclear fuel throughout the entire lifecycle of the organizations.

3. The Government shall detail Clauses 1 and 2 of this Article, and provide in detail:

a/ The collection, classification, treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel;

b/ Requirements for selecting sites for the treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel;

c/ Financial resources for the operation and operation termination of organizations engaged in treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel as specified at Point c, Clause 1, Article 37 of this Law;

d/ Responsibilities of related ministries, ministerial-level agencies and local authorities in ensuring security and safety of the treatment, storage and disposal of radioactive waste, disused radioactive sources and spent nuclear fuel.

Article 39. Export of radioactive waste and spent nuclear fuel, and export and import of disused radioactive sources

1. The export of radioactive waste, disused radioactive sources and spent nuclear fuel shall be licensed by the national radiation and nuclear safety agency when the following conditions are satisfied:

a/ The importing country has been notified of the transfer of radioactive waste, disused radioactive sources and spent nuclear fuel and has agreed to receive such radioactive waste, disused radioactive sources and spent nuclear fuel;

b/ The transportation of radioactive waste, disused radioactive sources and spent nuclear fuel complies with international commitments in all countries through which such radioactive waste, disused radioactive sources and spent nuclear fuel are transited;

c/ The importing country has necessary technical and legal infrastructure to manage the safety and security of radioactive waste, disused radioactive sources and spent nuclear fuel in conformity with international standards and guidelines of the International Atomic Energy Agency.

2. Disused radioactive sources may be imported if they have been manufactured in Vietnam or satisfy the following conditions:

a/ The remaining radioactivity level is suitable for civilian use in Vietnam;

b/ The supporting documents on their origin and technical specifications are available;

c/ The intended use is clearly identified and complies with the regulations on assurance of radiation safety and security of radioactive sources.

3. The Government shall detail this Article.

Article 40. Management of radioactively contaminated objects and clearance of radioactively contaminated objects and disused radioactive sources

1. The clearance of radioactively contaminated objects and disused radioactive sources is the procedure for removing radioactively contaminated objects and disused radioactive sources from the category of objects under the management by the national radiation and nuclear safety agency.

2. Organizations and individuals that possess radioactively contaminated objects have the following responsibilities:

a/ To manage radioactively contaminated objects in accordance with Articles 36, 37 and 38 of this Law, or transfer them to facilities licensed to perform radiation jobs with regard to the treatment, storage or disposal of radioactive waste, disused radioactive sources or spent nuclear fuel;

b/ To propose the national radiation and nuclear safety agency to grant permission to clear radioactively contaminated objects with the radioactivity concentration or gross radioactivity lower than or equal to the clearance level.

3. Organizations and individuals possessing disused radioactive sources shall propose the national radiation and nuclear safety agency to grant permission to clear disused radioactive sources with the gross radioactivity lower than or equal to the clearance level.

4. The Government shall detail Clauses 2 and 3 of this Article.

Chapter IV

NUCLEAR POWER PLANTS AND RESEARCH NUCLEAR REACTORS

Section 1

NUCLEAR POWER PLANTS

Article 41. General requirements

1. The selection, site approval, designing, construction, operation, trial operation, decommissioning, and assurance of safety and security, of nuclear power plants must comply with this Law and other relevant laws.

2. The national radiation and nuclear safety agency has the following responsibilities:

a/ To advise and assist the central-level state management agency in charge of atomic energy in conducting appraisal of radiation safety, nuclear safety and nuclear security; issuing permits for construction of nuclear power plants; and issuing licenses for trial operation of nuclear power units, and for operation and decommissioning of nuclear power plants;

b/ To conduct inspection, examination and supervision, and coordinate with other agencies in conducting nuclear safeguards for activities related to nuclear power plants in accordance with this Law and other relevant laws.

Article 42. Investment policy for projects on construction of nuclear power plants

1. The decision on investment policy for projects on construction of nuclear power plants must comply with the law on public investment, this Law and other relevant laws; the approval of investment policy for projects on construction of nuclear power plants must comply with the law on investment, this Law and other relevant laws.

2. A prefeasibility study report for a project on construction of a nuclear power plant shall be prepared in accordance with the law on construction, and must have the contents on survey and preliminary assessment of the suitability of the site for the construction of the nuclear power plant; preliminary assessment of radiation impacts in accordance with the law on atomic energy; preliminary design as specified at Point a, Clause 3, Article 44 of this Law; and other relevant specific contents.

3. The Government shall detail this Article.

Article 43. Sites for construction of nuclear power plants

1. The project owner shall conduct a survey and detailed assessment of the proposed site for construction of a nuclear power plant. The survey and assessment must fully take into account the following factors:

a/ Natural and man-made factors that are likely to affect the safety of the nuclear power plant from the outside;

b/ Characteristics of the site and the environment relating to the dispersal of radiation from the nuclear power plant that are likely to cause harms to humans and the environment;

c/ Population density and distribution, and the site’s characteristics affecting the feasibility of measures in response to radiation incidents or nuclear incidents;

d/ National defense, security, order and safety of the site, including risks of unauthorized access, sabotage, and terrorist attacks, and other factors that are likely to affect the security and safety during the construction, trial operation, operation and decommissioning of the nuclear power plant.

2. The project owner shall prepare a dossier for approval of the site for construction of the nuclear power plant.

3. The site for construction of a nuclear power plant shall be approved when meeting the following basic requirements:

a/ Being conformable with the relevant national master plan, regional master plan, provincial master plan, and technical and specialized master plan;

b/ Ensuring the safety of local residents and environmental protection;

c/ Ensuring operational safety of the nuclear power plant, taking into account geological, meteorological, hydrological, disaster, traffic and other factors;

d/ Ensuring national defense and security for the nuclear power plant to meet the requirements on assurance of national security and social order and safety;

dd/ Ensuring the feasibility of radiation incident and nuclear incident response plans to minimize consequences.

4. The Prime Minister shall consider and approve sites for construction of nuclear power plants. The approval shall be made prior to or concurrently with the decision on investment in the construction of nuclear power plants.

5. The Government shall detail this Article.

Article 44. Designing and construction of nuclear power plants

1. The project owner shall organize the preparation of a design for construction of the nuclear power plant in each stage as suitable to the project’s schedule and technical requirements, ensuring that the design meets the requirements on radiation safety, nuclear safety and nuclear security in accordance with the law on atomic energy. The design shall be prepared by an organization or individual fully meeting the capacity conditions specified in the law on construction, the law on atomic energy and other relevant laws, and shall be subject to control through a quality management system.

2. The design of a nuclear power plant must adhere to the following basic principles:

a/ The defense-in-depth principle and the principle of assurance of radiation safety, nuclear safety and nuclear security;

b/ Applying advanced technologies already proven;

c/ Ensuring stable and reliable operation of the nuclear power plant within the operational limits and conditions throughout the plant’s lifecycle, taking into account human factors and human-machine interaction.

3. The design of a nuclear power plant must comply with the law on construction and the law on atomic energy, and must meet the following requirements in each stage:

a/ The preliminary design included in the prefeasibility study report must have sufficient information serving the preliminary assessment for selecting the site for construction of the nuclear power plant;

b/ The basic design included in the feasibility study report must have sufficient information serving the assessment of the appropriateness of the selected technology and the feasibility of design solutions regarding radiation safety, nuclear safety and nuclear security;

c/ The design following the basic design in each stage of project execution must ensure conformity with the site’s characteristics and design criteria to ensure that the works are constructed in compliance with safety requirements and ensure safe operation of the nuclear power plant, and have adequate information for preparing a safety analysis report in accordance with the law on atomic energy;

d/ Other design requirements according to international practices.

4. The appraisal and approval of designs for construction of nuclear power plants must comply with the law on construction, the law on atomic energy and other relevant laws.

5. The national radiation and nuclear safety agency shall appraise contents of designs related to radiation safety, nuclear safety and nuclear security specified in Clause 3 of this Article for use as a basis for proceeding with the appraisal and approval under Clause 4 of this Article.

6. The Government shall detail this Article.

Article 45. Investment decision for investment projects on construction of nuclear power plants

1. Responsibilities of the owner of an investment project on construction of a nuclear power plant:

a/ To conduct environmental impact assessment, which must cover assessment of environmental impacts in terms of radioactivity and radiation, in accordance with the law on environmental protection;

b/ To prepare a feasibility study report for the nuclear power plant in accordance with the law on construction and other relevant laws, which must have the following contents: plan on assurance of nuclear fuel supply; radiation safety, nuclear safety and nuclear security; disposal and management of spent nuclear fuel and radioactive waste; environmental protection measures; and human resource training plan, and other specific contents as prescribed in the law on atomic energy.

2. The order, procedures and competence for appraisal and approval of results of appraisal of environmental impact assessment reports must comply with the law on environmental protection.

3. The order and procedures for appraisal of and construction investment decision for investment projects on construction of nuclear power plants using public investment capital must comply with the law on public investment and other relevant laws.

4. The making of decision on investment in construction of nuclear power plants not using public investment capital must comply with the law on construction and other relevant laws.

5. The Government shall detail this Article.

Article 46. Construction of nuclear power plants

1. The project owner shall make a dossier of application for a permit for construction of a nuclear power plant, which must comprise a safety analysis report for the construction stage and other documents as prescribed by the law on atomic energy and the law on construction, and submit it to the central-level state management agency in charge of atomic energy for appraisal of the dossier and issuance of a construction permit.

2. Construction of items related to radiation safety, nuclear safety and nuclear security of the nuclear power plant shall only be implemented after the project owner obtains a permit for construction of the nuclear power plant. The central-level state management agency in charge of atomic energy shall issue a permit for construction of the nuclear power plant to the project owner if the latter satisfies the following conditions:

a/ The safety analysis report for the construction stage meets the requirements specified in the law on atomic energy;

b/ The design of the nuclear power plant is suitable for the characteristics of the construction site, causing no adverse impact on the site; and complies with Clause 2, and Point c, Clause 3, Article 44 of this Law;

c/ The quality management system meets the requirements specified in the law on construction and the law on atomic energy;

d/ The project owner has sufficient capacity to organize the construction of the nuclear power plant;

dd/ The construction plan meets the requirements specified in the law on construction and the law on atomic energy;

e/ The security assurance plan meets the requirements specified in the law on atomic energy and other relevant laws;

g/ The decommissioning plan meets the requirements specified in the law on atomic energy;

h/ Other conditions specified in relevant laws.

3. The project owner shall organize the inspection and supervision of the quality of fabrication of important structures, systems and components relating to the safety of the nuclear power plant and supervise the principal contractor, subcontractors and suppliers.

4. In the course of construction, design adjustments (if any) must comply with the law on construction; in case the design adjustment affects radiation safety, nuclear safety and nuclear security assurance solutions as compared to the appraised contents, the project owner shall report thereon to the central-level state management agency in charge of atomic energy for consideration and approval before continuing to construct related work items.

5. The construction, quality management, acceptance testing, examination of acceptance testing completed by the project owner, handover, warranty and maintenance of construction works of the nuclear power unit and nuclear power plant must comply with the law on construction, the law on fire prevention and fighting and rescue and salvage and other relevant laws.

6. The Government shall detail this Article.

Article 47. Trial operation of nuclear power units

1. The trial operation of a nuclear power unit consists of the following two main stages:

a/ Non-nuclear fuel testing, which is the stage of carrying out separate and integrated testing and inspection activities of structures, systems and parts to verify their mechanical integrity, operability and design functions in the absence of nuclear fuel;

b/ Nuclear-fueled trial operation, which is the stage of loading nuclear fuel into the reactor and conducting startup tests, and checking systems and equipment in the presence of nuclear fuel to verify the safe operation of the nuclear power plant at various capacity levels.

2. Project owners shall formulate trial operation programs and submit them to the central-level state management agency in charge of atomic energy for appraisal and approval before non-nuclear fuel testing is conducted.

3. Project owners must obtain trial operation licenses before fuel is loaded into reactors.

4. Requirements for issuance of a trial operation license:

a/ The safety analysis report for the trial operation stage, the trial operation program, operation limits and conditions, and non-nuclear fuel testing results satisfy safety requirements;

b/ Technical components must be completed and meet safety requirements before the trial operation is conducted;

c/ The safety management system and the quality management system meet the requirements specified in the law on atomic energy;

d/ The project owner has sufficient capacity to ensure safe trial operation; assigns a person in charge of operation who is trained and possesses the relevant certificate; and implements a training, drills and simulator use program as prescribed by law;

dd/ Operation instructions, the facility-level radiation incident and nuclear incident response plan and the security assurance plan meet the requirements prescribed in the law on atomic energy;

e/ The environmental license is issued in accordance with the law on environmental protection;

g/ Ensuring compliance with other relevant laws.

5. The trial operation must comply with the approved trial operation program; any change in the program shall be approved by the central-level state management agency in charge of atomic energy.

6. The national radiation and nuclear safety agency shall supervise the entire trial operation process to ensure that activities are carried out in conformity with the approved trial operation program and satisfy radiation safety, nuclear safety and nuclear security requirements.

7. After the trial operation is completed, project owners shall prepare reports on trial operation results, clearly explaining changes in technical specifications and operation conditions and limits compared to construction designs.

8. The Government shall detail this Article; and specify the order and procedures for appraisal of application dossiers and issuance of licenses for the trial operation of nuclear power units; and define responsibilities of parties involved in the trial operation of nuclear power units.

Article 48. Operation of nuclear power plants

1. An operating organization of a nuclear power plant shall prepare a dossier of application for an operating license and submit it to the central-level state management agency in charge of atomic energy for appraisal of the dossier and issuance of an operating license.

2. To obtain an operating license, an operating organization must fully satisfy the following conditions:

a/ The nuclear power plant is constructed in conformity with the design specifications; and the plant’s actual conditions meet safe operation requirements;

b/ Having sufficient resources to ensure safe operation;

c/ The safety analysis report for the operation stage, operation procedures and instructions and operation limits and conditions meet safety requirements;

d/ The quality management system for the operation stage meets the requirements specified in the law on atomic energy;

dd/ The decommissioning plan meets the requirements specified in the law on atomic energy;

e/ Having financial assurance measures to fulfill legal obligations throughout the operation and decommissioning processes;

g/ Other conditions specified in relevant laws.

3. The operating organization shall prepare a dossier of application for an electricity activity license in accordance with the law on electricity after obtaining the operating license in accordance with this Law.

4. The operating organization must ensure safe and stable operation within the approved limits and conditions; maintain the system for quality management and environmental radioactivity monitoring; fully implement maintenance, testing, monitoring, inspection and quality control programs; ensure the capacity for response to radiation incidents and nuclear incidents; and regularly assess radiation risks and apply appropriate control measures based on the extent of safety-related importance.

5. The Government shall detail this Article.

Article 49. Decommissioning of nuclear power plants

1. The operating organization of a nuclear power plant shall prepare a dossier of application for a decommissioning license and submit it to the central-level state management agency in charge of atomic energy for appraisal of the dossier and issuance of the license.

2. Decommissioning of a nuclear power plant is the implementation of technical and administrative measures to recognize that the operating organization no longer has the responsibility for ensuring radiation safety, nuclear safety and nuclear security. The decommissioning covers decontamination, dismantlement, management of radioactive waste generated during this process, and related activities.

3. The decommissioning plan shall be considered from the designing stage and reviewed and updated on a periodical basis or when there are changes compared to previous stages. The decommissioning plan shall be approved by the central-level state management agency in charge of atomic energy; any changes in the approved plan must obtain such agency’s approval.

4. The owner and the operating organization of the nuclear power plant shall bear all costs and ensure sufficient financial resources for the decommissioning of the nuclear power plant.

5. A nuclear power plant shall be recognized as decommissioned and no longer being responsible for ensuring radiation safety, nuclear safety and nuclear security when the approved decommissioning plan is completed.

6. The Government shall detail this Article.

Article 50. Appraisal of matters related to nuclear power plants

1. The competent state agency shall organize the appraisal of dossiers of request for approval of sites, technologies, radiation safety, nuclear safety and nuclear security for nuclear power plants that are allowed to hire technical support consultants to perform part or the whole of the jobs serving the appraisal work.

2. Expenses for hiring technical support consultants shall be included in the total investment of the investment project on construction of a nuclear power plant.

3. The Government shall provide:

a/ The agency in charge of organizing the appraisal of matters related to a nuclear power plant;

b/ The contents, responsibilities and methods of coordination in appraisal among ministries, ministerial-level agencies and other relevant agencies.

Article 51. Safety supervision and security assurance

1. The national radiation and nuclear safety agency shall organize the supervision of the assurance of radiation safety, nuclear safety and nuclear security in the stages of survey, assessment of site, designing, fabrication and construction of a nuclear power plant, trial operation of the nuclear power unit, and operation and decommissioning of the nuclear power plant.

2. In the course of supervision, if signs not ensuring radiation safety, nuclear safety and nuclear security are detected, the national radiation and nuclear safety agency may:

a/ Request related organizations and individuals to remedy the situation and report on the implementation results;

b/ Conduct unscheduled inspection and examination under Clause 4, Article 59, and Article 60, of this Law; if detecting a violation, handle the violation or propose the competent agency to handle the violation in accordance with Article 61 of this Law;

c/ Suspend part or the whole of the activities that are likely to seriously affect safety or security in order to prevent radiation incidents or nuclear incidents.

3. Public security agencies and national defense agencies shall organize specialized forces and implement measures to protect the security of the nuclear power plant in accordance with the law on the protection of important works related to national security, the law on atomic energy and other relevant laws.

4. Project owners and operating organizations have the following responsibilities:

a/ To implement security protection measures in the stages of survey, assessment of sites, designing and construction of nuclear power plants, trial operation of nuclear power units, and operation and decommissioning of nuclear power plants;

b/ To ensure resources, finances and infrastructure for the security protection work;

c/ To closely coordinate with public security agencies. national defense agencies and competent agencies in ensuring the security of nuclear power plants.

5. The Government shall detail this Article; and provide regulations on funding for the protection of nuclear power plant facilities.

Section 2

RESEARCH NUCLEAR REACTORS

Article 52. General requirements

1. The national radiation and nuclear safety agency has the following responsibilities:

a/ To advise and assist the central-level state management agency in charge of atomic energy in organizing the appraisal of matters concerning radiation safety, nuclear safety and nuclear security; approving sites for and issuing construction permits to research nuclear reactors, and trial operation, operation and decommissioning of research nuclear reactors;

b/ To conduct inspection, supervision and coordination in safeguards of activities related to research nuclear reactors in accordance with this Law and other relevant laws.

2. The selection and approval of sites, designing, construction, trial operation, operation, decommissioning, and assurance of radiation safety, nuclear safety and nuclear security of research nuclear reactors must comply with this Law and other relevant laws.

3. The appraisal of matters related to research nuclear reactors must comply with Article 50 of this Law.

4. Safety supervision in the stages of site survey and assessment, designing, fabrication, construction, trial operation, operation and decommissioning of research nuclear reactors must comply with Clauses 1 and 2, Article 51 of this Law.

5. The Government shall detail this Article; and specify measures and responsibilities of stakeholders for assuring security of research nuclear reactors.

Article 53. Investment policy, site, designing, investment decision for and construction of research nuclear reactors

1. The decision on investment policy for the construction of a research nuclear reactor must comply with Article 42 of this Law.

2. The survey, assessment and approval of the site for the construction of a research nuclear reactor must comply with Clauses 1, 2, 3 and 5, Article 43 of this Law.

3. The central-level state management agency in charge of atomic energy shall consider and approve the site for construction of a research nuclear reactor. The approval of the site shall be carried out before or simultaneously with the making of decision on investment in a project on construction of a research nuclear reactor.

4. The construction design of a research nuclear reactor must comply with Article 44 of this Law, except Point b, Clause 2, Article 44 of this Law.

5. The making of decision on investment in a project on construction of a research nuclear reactor must comply with Clauses 1, 2, 3 and 4, Article 45 of this Law.

6. Construction of a research nuclear reactor:

a/ The project owner shall prepare a dossier of application for a construction permit for a research nuclear reactor in accordance with Clause 1, Article 46 of this Law and submit it to the central-level state management agency in charge of atomic energy for appraisal of the dossier and issuance of a construction permit for the research nuclear reactor;

b/ Before commencing the construction of items related to radiation safety, nuclear safety and nuclear security, the project owner must fully satisfy the conditions specified in Clause 2, Article 46 of this Law;

c/ During construction, adjustments of the research nuclear reactor’s design must comply with Clause 4, Article 46 of this Law;

d/ The construction, quality management, acceptance testing, examination of acceptance testing completed by the project owner, warranty, maintenance and handover of the research nuclear reactor’s construction work must comply with the law on construction, the law on fire prevention and fighting and rescue and salvage and other relevant laws.

6. The Government shall detail this Article.

Article 54. Trial operation, operation and decommissioning of research nuclear reactors

1. The trial operation of a research nuclear reactor must comply with Clauses 1, 2, 3, 5, 6 and 7, Article 47 of this Law and Points a, b, c, dd, e and g, Clause 4, Article 47 of this Law and satisfy the requirement that the project owner has sufficient capacity to ensure safe trial operation; persons in charge of operating the research nuclear reactor is trained and possesses an appropriate certificate; and there are training programs prescribed by law.

2. The operation of research nuclear reactors must comply with Clauses 1, 2 and 4, Article 48 of this Law.

3. For a long-term reactor shutdown, the operating organization shall formulate a technical maintenance program which must include technical and administrative measures for ensuring nuclear safety and nuclear security throughout the shutdown period.

4. The decommissioning of research nuclear reactors must comply with Clauses 1, 2, 3, 4 and 5, Article 49 of this Law.

5. The Government shall detail this Article.

Chapter V

NOTIFICATION, DECLARATION, LICENSING, INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS

Section 1

NOTIFICATION, DECLARATION AND LICENSING

Article 55. Notification and declaration

1. Organizations and individuals planning to perform radiation jobs shall notify the state management agency in charge of radiation and nuclear safety.

2. Organizations and individuals shall declare to the agency competent to issue licenses to perform radiation jobs within 10 working days after detecting radioactive substances or radioactive waste with the radioactivity concentration or gross radioactivity exceeding the threshold for exemption from notification or licensing requirement; or radiation equipment with the dose rate or maximum energy exceeding the threshold for exemption from notification or licensing requirement; or source nuclear materials, nuclear materials or nuclear equipment.

3. Organizations and individuals planning to hand over or transfer radioactive sources shall declare to the national radiation and nuclear safety agency within 30 days after approving a plan on handover or transfer of radioactive sources.

4. The Government shall provide the order and procedures for declaration, threshold for exemption from notification or licensing requirement, and forms of notification.

Article 56. Issuance of licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application

1. Organizations and individuals performing radiation jobs specified in Article 14 of this Law must possess licenses to perform radiation jobs, except cases of exemption from licenses as specified by the Government.

2. Organizations and individuals providing support services for atomic energy application specified in Article 15 of this Law must possess certificates of registration for provision of support services for atomic energy application.

3. Organizations and individuals submitting dossiers of application for licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application shall pay charges in accordance with the law on charges and fees.

4. The Government shall specify the conditions, order, procedures and competence for issuance, and the validity period, of licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application.

Article 57. Certificates

1. Individuals providing support services for atomic energy application specified in Article 15 of this Law must possess practice certificates for providing support services for atomic energy application.

2. Organizations and individuals submitting dossiers of application for radiation worker certificates or practice certificates for providing support services for atomic energy application shall pay fees in accordance with the law on charges and fees.

3. The Government shall specify the positions requiring radiation worker certificates; the conditions, order, procedures and competence for issuance, and the validity period, of radiation worker certificates and practice certificates for providing support services for atomic energy application.

Article 58. Modification, supplementation, extension or revocation of licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application

1. Organizations and individuals that wish to have their licenses to perform radiation jobs or certificates of registration for provision of support services for atomic energy application modified, supplemented or extended shall send dossiers for modification, supplementation or revocation of licenses to competent state agencies.

2. An organization or individual will have its/his/her license to perform radiation jobs or certificate of registration for provision of support services for atomic energy application revoked in the following cases:

a/ It/he/she fails to satisfy the law-specified conditions on radiation safety, nuclear safety and nuclear security, or is administratively sanctioned but cannot take remedial measures within the time limit set by the competent state agency;

b/ It/he/she fails to satisfy the conditions on human resources or equipment for providing support services for atomic energy application and cannot take remedial measures within the time limit set by the competent state agency;

c/ It/he/she fails to comply with the contents and scope of support services for atomic energy application stated in the certificate of registration for provision of support services for atomic energy application;

d/ It/he/she falsifies documents in the dossier of application for a license to perform radiation jobs or certificate of registration for provision of support services for atomic energy application;

dd/ It/he/she alters or erases the contents of the license to perform radiation jobs or certificate of registration for provision of support services for atomic energy application;

e/ The license to perform radiation jobs or certificate of registration for provision of support services for atomic energy application was issued ultra vires or has errors made due to the issuing agency’s fault;

g/ It/he/she terminates the performance of radiation jobs or the provision of support service for atomic energy application, is declared bankrupt under a court’s decision, or has the enterprise registration certificate revoked under the law on enterprises.

3. Organizations and individuals with their licenses to perform radiation jobs or certificates of registration for provision of support services for atomic energy application revoked may be considered for re-issuance of such licenses or certificates if fully satisfying the law-specified conditions.

4. Organizations and individuals submitting dossiers for modification, supplementation or extension of licenses to perform radiation jobs or certificates of registration for provision of support services for atomic energy application shall pay charges and fees in accordance with the law on charges and fees.

5. The Government shall specify cases of modification and supplementation of licenses to perform radiation jobs or certificates of registration for provision of atomic energy application support services; and the competence, order and procedures for modification, supplementation, extension or revocation of licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application.

Section 2

INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS

Article 59. Radiation and nuclear safety inspection

1. Scope and principles of radiation and nuclear safety inspection:

a/ Radiation and nuclear safety inspection is the review, evaluation, conclusion and recommendation by the competent inspection agency regarding the compliance with the law on atomic energy; the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party; and the observance of rules, standards and technical regulations in the field of atomic energy by organizations and individuals operating in the field of nuclear energy;

b/ Radiation and nuclear safety inspection activities must comply with the laws on inspection and atomic energy and must satisfy the following requirements: being conducted by inspectors or persons knowledgeable about radiation and nuclear safety; using specialized equipment suitable for inspection contents; ensuring that the frequency of inspection corresponds to the scale, type and risk levels of radiation jobs; and avoiding  overlaps in content, timing or subjects with those of nuclear safeguards activities.

2. Requirements on inspection of a nuclear power plant:

a/ To ensure the highest level of safety for humans, the environment, and structures, systems and components related to the safety and security of the nuclear power plant;

b/ To adhere to the principles and requirements of the International Atomic Energy Agency and Vietnam’s law on radiation safety, nuclear safety, nuclear security and nuclear safeguards;

c/ Not to interrupt the operation of the nuclear power plant, except cases in which risks affecting nuclear safety are detected.

3. Contents of inspection of a nuclear power plant:

a/ The compliance with regulations, standards, technical regulations, and procedures on radiation safety, nuclear safety and nuclear security in the designing, construction, operation, maintenance and dismantlement of nuclear power units and the nuclear power plant; the compliance with operation limits and conditions stated in the license;

b/ The import, export, transportation, use and storage of nuclear fuel;

c/ The state of radiation safety in the nuclear power plant and the surrounding areas;

d/ The integrity of the containment building, structures, systems and components related to the reactor’s safety; the operational status of equipment ensuring safe operation of the reactor;

dd/ The implementation of the radiation incident and nuclear incident response plan, including the organization of drills and emergency response skills; fire prevention and fighting systems and the fire prevention and fighting work;

e/ Nuclear security assurance and nuclear terrorism combat measures; the implementation of regulations on nuclear safeguards;

g/ Environmental radiation monitoring; files on the environment, ecosystem, water and air affected by radioactive emissions and thermal discharge from the nuclear power plant;

h/ Management of radioactive waste and spent nuclear fuel;

i/ Other contents as specified in this Law.

4. Inspection of radiation and nuclear safety must comply with the inspection regime specified in the law on inspection and shall be conducted on an ad hoc basis in the following cases:

a/ Abnormalities in radiation safety, nuclear safety and nuclear security are detected; results of environmental radiation supervision and monitoring or technical inspection show signs of abnormality, excess of permissible thresholds or inconsistency with the approved safety assurance conditions;

b/ Risks of a radiation incident or nuclear incident; or signs not ensuring nuclear security or signs of illegal use of nuclear materials are detected;

c/ Based on operation experiences from nuclear power plants with similar technology or operation conditions in the world, or recommendations from the International Atomic Energy Agency, to promptly prevent possible similar incidents in Vietnam.

5. The Government shall detail this Article.

Article 60. Radiation and nuclear safety examination

1. The head of the state management agency in charge of atomic energy shall organize the examination of the observance of the policies and laws on atomic energy by agencies, organizations and individuals under his/her management.

2. Radiation and nuclear safety examination activities must comply with the order and procedures for conducting examination; be conducted by persons knowledgeable about radiation and nuclear safety; use specialized equipment suitable for examination contents; adhere to the principles of democracy, publicity, objectivity, timeliness and accuracy; not impede normal activities of the examined subjects and other related agencies, organizations and individuals; and avoid overlaps in the contents, time or subjects with those in inspection activities or nuclear safeguards activities.

3. The requirements and contents of the examination of radiation and nuclear safety of nuclear power plants must comply with Clauses 2 and 3, Article 59 of this Law.

4. The Government shall detail this Article.

Article 61. Handling of violations in the field of atomic energy

1. Organizations and individuals that commit violations in the field of atomic energy shall, depending on the nature, extent and consequences of the violations, be handled in accordance with law.

2. Competent inspection and examination agencies may request immediate remediation of conditions or activities that are likely to affect radiation safety, nuclear safety and nuclear security; propose the suspension of operation of part or the whole of the nuclear power plants; and revoke, or propose the revocation of, licenses to perform radiation jobs or certificates of registration for provision of support services for atomic energy application under Article 58 of this Law.

3. The Government shall detail this Article.

Chapter VI

NUCLEAR SAFEGUARDS

Article 62. General requirements

1. Nuclear safeguards activities in the territory of the Socialist Republic of Vietnam shall be carried out by the International Atomic Energy Agency in coordination with the national focal-point agency for nuclear safeguards activities specified in Clause 2 of this Article to verify the compliance with the treaty on the non-proliferation of nuclear weapons and nuclear safeguards to which the Socialist Republic of Vietnam is a contracting party.

2. The national radiation and nuclear safety agency is the national focal-point agency for nuclear safeguards activities under the treaty on the non-proliferation of nuclear weapons and nuclear safeguards to which the Socialist Republic of Vietnam is a contracting party, having the following responsibilities:

a/ To provide information to the International Atomic Energy Agency and fulfill other obligations under the treaty on the non-proliferation of nuclear weapons and nuclear safeguards to which the Socialist Republic of Vietnam is a contracting party;

b/ To verify information already declared by organizations and individuals subject to nuclear safeguards and examine the compliance with Vietnam’s law on the non-proliferation of nuclear weapons and nuclear safeguards and relevant treaties to which the Socialist Republic of Vietnam is a contracting party;

c/ To establish and manage the national system for accounting and control of nuclear materials, including also data on nuclear safeguards;

d/ To receive nominations of international inspectors, carry out procedures for requesting competent agencies to approve, and issue visas to, international inspectors.

3. Organizations and individuals subject to nuclear safeguards include:

a/ Organizations and individuals managing nuclear facilities, or storing and using nuclear materials, source nuclear materials, non-nuclear materials, or equipment specially designed and fabricated for use in the nuclear fuel cycle;

b/ Organizations and individuals exporting or importing nuclear materials, source nuclear materials, non-nuclear materials, or equipment specially designed and fabricated for use in the nuclear fuel cycle;

c/ Organizations and individuals conducting, or planning to conduct, research and development activities related to the nuclear fuel cycle, including activities not using nuclear materials.

4. Nuclear safeguards activities must comply with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party and shall be conducted in a regular, continuous and strict manner, without obstructing the normal activities of organizations and individuals.

5. The Government shall define responsibilities of ministries, ministerial-level agencies and other related agencies in nuclear safeguards activities and the mechanism for coordination among them.

Article 63. Responsibilities of organizations and individuals subject to nuclear safeguards

1. Organizations and individuals subject to nuclear safeguards shall comply with relevant regulations on nuclear safeguards, entity protection, and security assurance measures for nuclear materials, source nuclear materials and nuclear facilities, and meet other requirements set by the Government.

2. Organizations and individuals subject to nuclear safeguards shall enable international inspectors and representatives of the national radiation and nuclear safety agency to fully conduct nuclear safeguards activities and implement necessary technical measures to verify activities related to the nuclear fuel cycle in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 64. International inspectors

1. International inspectors shall be nominated by the International Atomic Energy Agency to conduct international safeguards activities in Vietnam and approved by the competent state agency of Vietnam. The approved international inspectors shall be given priority in visa issuance in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in, Vietnam.

2. International inspectors may access sites and facilities under the treaty on the non-proliferation of nuclear weapons and nuclear safeguards to which the Socialist Republic of Vietnam is a contracting party to conduct nuclear safeguards.

3. In the course of conducting safeguards in Vietnam, international inspectors shall comply with law and are entitled to privileges and immunities as provided by Vietnam’s law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter VII

RESPONSE TO RADIATION INCIDENTS AND NUCLEAR INCIDENTS AND COMPENSATION FOR RADIATION DAMAGE OR NUCLEAR DAMAGE

Section 1

RESPONSE TO RADIATION INCIDENTS AND NUCLEAR INCIDENTS

Article 65. General requirements

1. Radiation incident is a state of non-assurance of radiation safety and non-assurance of security of radioactive sources. The determination of the level of radiation incidents and notification thereof in the mass media must comply with the Government’s regulations.

2. Nuclear incident is a state of non-assurance of nuclear safety and non-assurance of security of nuclear materials and nuclear equipment. The determination of the level of nuclear incidents and notification thereof in the mass media must comply with the Government’s regulations.

Article 66. Radiation incident and nuclear incident response plans

1. Radiation incident and nuclear incident response plans include facility-level radiation incident and nuclear incident response plans, provincial-level radiation incident and nuclear incident response plans and national-level radiation incident and nuclear incident response plans, specifically as follows:

a/ A facility-level radiation incident and nuclear incident response plan shall be applied when a radiation incident or nuclear incident concerning radiation jobs of a facility occurs;

b/ A provincial-level radiation incident and nuclear incident response plan shall be applied when a radiation incident or nuclear incident occurs in a locality or in case an incident falls beyond the response capacity or scope of a facility;

c/ A national-level radiation incident and nuclear incident response plan shall be applied when a radiation incident or nuclear incident occurs at the national level or in case an incident falls beyond the response capacity or scope of a provincial-level authority.

2. A certain-level radiation incident and nuclear incident response plan must have the following principal contents: organizational structure, prediction of possible incident scenarios, response plans, plans on mobilization of response resources, and organization of drills in response to incidents.

3. The Government shall provide in detail the formulation and approval of all-level radiation incident and nuclear incident response plans, requirements on preparation for and response to radiation incidents and nuclear incidents, and responsibilities of related organizations and individuals upon the occurrence of radiation incidents or nuclear incidents.

Article 67. State of radiation and nuclear emergency

1. State of radiation and nuclear emergency is an extremely serious situation arising from the following circumstances:

a/ A radiation incident or nuclear incident causing strong radioactive leakage or dispersal, exerting very serious impacts on humans and the environment outside the radiation facility or nuclear facility on a large scale with a scope of effects in one or more provincial-level administrative unit(s) or beyond the national borders;

b/ A radiation incident or nuclear incident occurring abroad, causing strong radioactive dispersal, exerting very serious impacts on humans and the environment in one or more locality(ies) in Vietnam.

2. The declaration of a state of radiation and nuclear emergency must comply with the law on the state of emergency.

3. The Government shall provide specific measures during a state of radiation and nuclear emergency in addition to the measures applied according to the law on the state of emergency.

Section 2

COMPENSATION FOR RADIATION DAMAGE OR NUCLEAR DAMAGE

Article 68. Compensation for radiation damage

1. Radiation damage is a loss to humans, property and the environment, including also expenses for remediation of consequences thereof, that is caused by incidents related to the non-assurance of radiation safety.

2. Liability for compensation, level of compensation, and the statute of limitations for initiating lawsuits for claiming compensation for damage caused by radiation must comply with the civil law.

Article 69. Compensation for nuclear damage

1. Nuclear damage is a loss to humans, property and the environment, including also economic losses from expenses for remediation of consequences of a nuclear incident occurring in the land territory, islands, archipelagos, territorial waters, subsoil and airspace of the Socialist Republic of Vietnam.

2. The project owner or the operating organization of a nuclear facility has the following responsibilities:

a/ Only the project owner during the trial operation stage or only the operating organization shall bear liability for nuclear damage that occurs anywhere when there is evidence proving that such damage was caused by a nuclear incident at the nuclear facility of that project owner or operating organization;

b/ Liability for nuclear damage caused by stolen, lost, disposed or abandoned nuclear materials falls on the last operating organization authorized to possess such materials;

c/ Liability for nuclear damage shall be applied regardless of where the damage occurs.

3. In the course of transportation of nuclear materials, the organization consigning nuclear materials shall bear liability for nuclear damage until the receiving organization takes the possession of the nuclear materials, unless the two parties have a written agreement on the transfer of liability to another stage of the transportation process or on the transfer of liability to the carrier upon the latter’s request. In case liability is transferred to the carrier, the carrier shall bear the same liability as the operating organization as specified in Clause 2 of this Article.

4. The operating organization of the nuclear facility shall compensate for nuclear damage caused even not due to its fault, unless the incident is caused by war or terrorism. The operating organization of the nuclear facility shall be fully or partially exempt from the whole or part of the compensation obligation if it can prove that the damage was intentionally or negligently caused by the damage sufferer.

5. The level of compensation for which the project owner or the operating organization of the nuclear facility is liable and the total compensation for a nuclear incident must comply with law and the treaty on civil liability for nuclear damage to which the Socialist Republic of Vietnam is a contracting party.

6. Compensation for nuclear damage must adhere to the following principles:

a/ The nature, form, scope and allocation of the compensation amount shall be determined in accordance with the law on atomic energy;

b/ If the claims for compensation exceed or are likely to exceed the total compensation limit for a nuclear incident, priority shall be given to compensation for human death or injuries and, after all of such claims are satisfied, other claims for compensation shall be settled.

7. The statute of limitations for initiating a lawsuit for claiming compensation for nuclear damage is 30 years for death or health damage or 10 years for other types of damage, counting from the time of occurrence of the nuclear incident.

8. The competence to settle claims for nuclear damage compensation must comply with the civil procedure law and other relevant laws.

9. The Government shall detail Clauses 5 and 6 of this Article.

Article 70. Financial assurance

1. The project owner or the operating organization of a nuclear facility shall purchase and maintain insurance or apply other forms of financial assurance to fully perform his/her/its liability for nuclear damage compensation at the level for which the project owner or the operating organization of the nuclear facility is liable for a nuclear incident as specified in Clause 5, Article 69 of this Law.

2. When applying for a nuclear facility operating license, the project owner or the operating organization of the nuclear facility shall provide information and supporting documents for the national radiation and nuclear safety agency to approve the conditions on financial assurance specified in Clause 1 of this Article.

3. The nuclear facility owner shall create favorable conditions for the operating organization of the nuclear facility to provide financial assurance for nuclear damage compensation in case the nuclear facility owner is not concurrently the operating organization of the nuclear facility.

4. If the actual damage exceeds the compensation level for which the project owner or the operating organization of the nuclear facility is liable, the State will cover the excessive amount not higher than the total compensation level for a nuclear incident.

5. The Government shall detail this Article.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 71. To amend and supplement or annul a number of articles and clauses of relevant laws

1. To amend and supplement Item No. 17, Section III, Appendix No. 01 on the List of charges and fees promulgated together with Law No. 97/2015/QH13 on Charges and Fees, which has a number of articles amended and supplemented under Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 20/2023/QH15, Law No. 24/2023/QH15, Law No. 33/2024/QH15, Law No. 35/2024/QH15, Law No. 47/2024/QH15, Law No. 60/2024/QH15, Law No. 74/2025/QH15 and Law No. 89/2025/QH15, as follows:

2. To annul Item No. 25 in Appendix II on the List of technical and specialized master plans promulgated together with Planning Law No. 21/2017/QH14, which has a number of articles amended and supplemented under Law No. 15/2023/QH15, Law No. 16/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 35/2024/QH15, Law No. 38/2024/QH15, Law No. 43/2024/QH15 and Law No. 57/2024/QH15.

3. To amend and supplement Point a, Clause 10, Article 5 of Law No. 61/2024/QH15 on Electricity as follows:

“a/ Nuclear power development is identified as a strategic component in national electricity development to achieve the goal of electricity supply security”.

Article 72. Effect

1. The Law takes effect on January 1, 2026.

2. Law No. 18/2008/QH12 on Atomic Energy, which has a number of articles amended and supplemented under Law No. 35/2018/QH14, ceases to be effective on the date this Law takes effect, except the cases specified in Clauses 2, 3 and 4, Article 73 of this Law.

Article 73. Transitional provisions

1. Special mechanisms and policies for investment in and construction of nuclear power projects and research nuclear reactor projects, which have been promulgated before the effective date of this Law, shall continue to be implemented until they are amended, supplemented or replaced by other legal documents or annulled by documents issued by competent agencies or persons.

2. Organizations and individuals that possess licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application issued before the effective date of this Law may continue to perform such jobs or provide such services until the expiry dates stated in the licenses or certificates. In case they are exempt from licenses to perform radiation jobs before the effective date of this Law, such exemption remains valid.

3. In case organizations or individuals have submitted dossiers for the issuance, modification, supplementation or extension of licenses to perform radiation jobs and certificates of registration for provision of support services for atomic energy application, practice certificates for providing support services for atomic energy application, or radiation worker certificates but, by the effective date of this Law, have yet to be issued such licenses or certificates, the issuance of such licenses or certificates must continue to comply with the regulations on atomic energy before the effective date of this Law.

4. Nuclear power projects with investment policy decided before the effective date of this Law shall be implemented under the relevant national power development plan in case other master plans of the same level, regional master plans, provincial master plans or technical and specialized master plans have not yet been updated, adjusted or supplemented.

5. Within 2 years from the effective date of this Law, in case laws and resolutions of the National Assembly, or ordinances and resolutions of the National Assembly Standing Committee related to the provisions of this Law have not yet been amended or supplemented, the Government shall be assigned to promulgate legal documents to timely adjust and resolve difficulties and obstacles in the field of atomic energy as stipulated in relevant articles, clauses and points, ensuring uniformity in the application of law. The Government shall periodically report to the National Assembly Standing Committee; or report to the National Assembly at the upcoming session if the adjustments are related to laws or resolutions of the National Assembly.

This Law was passed on June 27, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

Chairman of the National Assembly 
TRAN THANH MAN