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GOVERNMENT OF
VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 71/2026/ND-CP
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Hanoi, March 09, 2026
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DECREE
ON PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON ATOMIC ENERGY
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Penalties for Administrative Violations No. 15/2012/QH13; Law amending the Law on Penalties for Administrative
Violations No. 67/2020/QH14; Law amending the Law on Penalties for
Administrative Violations No. 88/2025/QH15;
Pursuant to Law on
Identification No. 94/2025/QH15;
Pursuant to Decree No.
332/2025/ND-CP of the Government on elaboration on and implementation measures
of certain articles of the Law on Atomic Energy concerning assurance of
radiation safety, nuclear safety, nuclear security, nuclear inspection,
notification, declaration, licensing, inspection and examination of radiation
and nuclear safety, response to radiation incidents, and compensation for
nuclear damage;
Pursuant to Decree No.
316/2025/ND-CP on elaboration on certain articles and implementation measures
of certain articles of the Law on Atomic Energy regarding nuclear power plants
and research reactors;
At the request of the
Ministry of Science and Technology;
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Chapter
I
GENERAL
REGULATIONS
Article
1. Scope
1. This Decree provides for
administrative violations; penalties, fines, remedial measures; authority for
making records of administrative violations; execution of administrative
penalties and remedial measures for violations against regulations on atomic
energy.
2. Violations against
regulations on atomic energy are wrongful acts committed by organizations or
individuals that violate laws on state management of atomic energy, which are
not crimes and, according to the law, must be subject to administrative
penalties.
3. Other Decrees on
penalties for corresponding administrative violations shall apply to
administrative violations against regulations on atomic energy and other
administrative violations against regulations on state management related to
atomic energy that are not provided for in this Decree.
Article
2. Regulated entities
1. Vietnamese
organizations and individuals, and foreign organizations and/or individuals
(hereinafter collectively referred to as organizations and/or individuals)
committing administrative violations against regulations on atomic energy
specified in herein within the territory of the Socialist Republic of Vietnam.
2. Organizations subject
to penalties for committing administrative violations against regulations on
atomic energy specified in Clause 1 of this Article include:
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b) Cooperatives and unions
of cooperatives established in accordance with the Law on Cooperatives;
c) State authorities
committing violations that are not related to assigned state management tasks;
d) Political and social
organizations, political and social professional organizations, social
organizations, social professional organizations;
dd) Public service
providers;
e) Foreign agencies and
organizations with operations related to atomic energy within the territory of
the Socialist Republic of Vietnam;
g) Other organizations
established under the law.
3. Households and
household businesses that commit administrative violations specified herein
shall be subject to penalties like individual offenders.
4. Other agencies,
organizations, and individuals involved in imposition of administrative
violations in accordance with this Decree.
Article
3. Forms of administrative penalties, remedial measures; execution of forms of
administrative penalties, remedial measures in the field of atomic energy
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a) Warning;
b) Fines.
2. Depending on the nature
and severity of the violation, organizations and individuals committing
administrative violations against regulations on atomic energy may also be
subject to the following additional penalties:
a) Suspension of license
to conduct radiation work; nuclear power plant construction permit, research
reactor construction permit; certificate of registration of services supporting
the application of atomic energy or operation suspension;
Confiscation of exhibits
and/or instrumentalities used in the commission of administrative violations;
c) Expulsion.
3. In addition to the
remedial measures stipulated in points a, c, d, e, h, and i of Clause 1 of
Article 28 of the Law on Penalties for Administrative Violations, this Decree
provides for other remedial measures applicable to the acts specified in
Chapter II, including:
a) Enforced implementation
of measures to ensure radiation safety, radioactive source security, nuclear
safety, and nuclear security;
b) Enforced organization
of medical examinations and health monitoring for employees whose exposure
doses exceed the dose limit;
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d) Enforced decontamination
of radioactive contaminated areas contaminated to meet national environmental
technical standards;
d) Enforced inspection of
medical diagnostic X-ray devices, radiotherapy equipment, and nuclear devices;
e) Enforced search and
recovery of lost or spilled radioactive materials for safe and secure
management;
g) Enforced removal from
the territory of the Socialist Republic of Vietnam or re-export of radioactive
materials, irradiated consumer goods, nuclear devices, and radioactive waste;
h) Enforced search and
recovery of radioactive sources for safe and secure management;
i) Enforced implementation
of measures to minimize negative impacts on the environment;
Enforced search and
recovery of nuclear materials, nuclear fuel, spent nuclear fuel, and nuclear
devices are managed to ensure safety and security.
l) Enforced return of
stolen nuclear materials, fuel, or devices;
m) Enforced provision and
updating of complete and accurate information and data from site surveys and
assessments;
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o) Enforced provision and
updating of complete and accurate information and data;
p) Enforced repair,
renovation, or replacement of structures, systems, or components that do not
conform to the design or do not ensure radiation safety or nuclear safety;
a) Enforced implementation
of radiation safety inspections, tests, and nuclear safety assessments;
r) Enforced demolition of
part or all of the infringing structure, system, or component in cases where
remedial measures are not feasible;
s) Enforced environmental
radiation monitoring in the affected area and report on monitoring results to
the competent state authority;
t) Enforced organization
of health check-ups for workers and residents in the area affected by the incident;
u) Enforced input of
occupational exposure dose data, updating information on training activities,
list of instructors, trainees, number of trainees, and type of training
certificate.
4. The execution of
penalties and remedial measures:
a) The procedures for
imposing penalties and execution of decisions on administrative penalties shall
be carried out in accordance with Section 1, Section 2 of Chapter III of Part
Two of the Law on Penalties for Administrative Violations and Articles 16, 19,
20, and 22 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the
Government, elaborating the Law on Penalties for Administrative Violations,
amended by Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government, and
Decree No. 190/2025/ND-CP dated July 1, 2025 of the Government;
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c) If the license to
conduct radiation work granted to a facility includes multiple radioactive
sources, radiation devices, or irradiation devices, the additional penalty of
suspension of the permit shall be applied to the radioactive source, radiation
device, or irradiation device that the facility used to commit the violation;
d) The implementation of
remedial measures specified herein, corresponding to the measures stipulated in
points a, c, d, e, h, and i of Clause 1 of Article 28 of the Law on Penalties
for Administrative Violations, shall be carried out in accordance with Articles
29, 31, 32, 34, 36, and 37 of the Law on Penalties for Administrative
Violations;
d) For violations subject
to remedial measures as prescribed in points m, o, and u of Clause 3 of this
Article, the violating organization or individual must conduct one or more of
the following: provide and update relevant information and data fully,
accurately, and on time as required;
e) For violations subject
to remedial measures as prescribed in point a of clause 3 of this Article, the
violating organization or individual must immediately develop and implement
technical, organizational, and management measures to ensure safety and
security as prescribed;
g) For violations subject
to remedial measures as prescribed in points b and t of Clause 3 of this
Article, the violating organization or individual must organize health
examinations and medical monitoring for workers and citizens at qualified
medical facilities as prescribed;
h) For violations subject
to remedial measures as prescribed in point c of clause 3 of this Article, the
violating organization or individual must recover, manage, and store
radioactive substances and radioactive contaminated objects in a manner that
ensures safety and security as prescribed;
h) For violations subject
to remedial measures as prescribed in point d of clause 3 of this Article, the
violating organization or individual must implement appropriate technical
measures to ensure that the radioactive contaminated area is decontaminated to
meet national environmental technical standards as prescribed;
k) For violations subject
to remedial measures as prescribed in point dd of clause 3 of this Article, the
violating organization or individual must have the equipment inspected by a
qualified inspection organization and may only continue to use it when the
inspection results meet the requirements as prescribed;
l) For violations subject
to remedial measures as prescribed in points e, h, and k of Clause 3 of this
Article, the violating organization or individual must organize the search for
and recovery of lost or spilled radioactive materials, radioactive sources,
nuclear materials, nuclear fuel, spent nuclear fuel, and nuclear devices for
safe and secure management as prescribed;
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n) For violations subject
to remedial measures as prescribed in point l of clause 3 of this Article, the
violating organization or individual must return all the stolen nuclear
materials, fuel, or nuclear devices in their original condition as prescribed;
o) For violations subject
to remedial measures as prescribed in point n of clause 3 of this Article, the
violating organization or individual must recover, cancel, or adjust the
service results that do not meet the requirements as prescribed;
p) For violations subject
to remedial measures as prescribed in points p and r of Clause 3 of this
Article, the violating organization or individual must repair, renovate,
replace, or demolish the part or the entire structure, system, or component
that is non-compliant to ensure compliance with the approved design and
requirements for radiation safety, nuclear safety, and nuclear security as
prescribed;
q) For violations subject
to remedial measures as prescribed in point q of clause 3 of this Article, the
violating organization or individual must organize inspection, testing, and
safety assessment as prescribed;
r) For violations subject
to remedial measures as prescribed in point s of clause 3 of this Article, the
violating organization or individual must conduct environmental radiation
monitoring as prescribed;
s) The illegal profits
obtained from committing administrative violations prescribed herein, in the
case of misuse of funds that are supposed to be allocated for the termination
of operation of nuclear power plants and research reactors, is the entire value
of the funds that were misused.
In cases where funds
misused are used to acquire objects, money, valuable papers, or other assets,
the amount of illegal profit shall be determined according to the corresponding
value of those objects, money, valuable papers, or assets; the value shall be
determined at the time the violation is discovered if the object or asset still
exists, or at the time of transfer if the object or asset has been transferred
as prescribed;
t) When the competent
authority decides to apply one or more remedial measures, it must state this in
the administrative penalty decision and shall supervise the implementation of
the remedial measures;
u) In cases where an
organization or individual subject to a administrative penalty does not
voluntarily comply with the penalty decision or voluntarily reimburse the costs
incurred by the agency implementing remedial measures, the administrative
penalty decision shall be enforced in accordance with the Law on Penalties for
Administrative Violations and other relevant laws; the enforcement costs and
remedial costs shall be borne by the violating party.
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1. The maximum fine for
violations against regulations on atomic energy is VND 1.000.000.000 for
individuals and VND 2.000.000.000 for organizations.
2. The fine level imposed
within according to the authority specified in Chapter II hereof shall apply to
an administrative violation committed by an individual, except for Clauses 4
and 5 of Article 7; Clauses 4, 6, 7, 8, 9, and 10 of Article 8; Clauses 4 and 5
of Article 10; Clauses 3, 4, 5, 6, and 7 of Article 16; and the regulations in
Section 4 of Chapter II hereof. For organizations committing the same
violations, the fines shall be twice the amount of the fines imposed on
individuals.
3. Competent
authorities/persons impose penalties for administrative violations prescribed
from Article 46 to 52 hereof are those imposed for administrative violations
committed by individuals. In case of fines, the fine imposed upon an
organization is twice as much as that imposed upon an individual by the same
title holder.
4. Ended or in-progress
administrative violations against regulations on atomic energy:
The acts specified in
points a and c of clause 3, clause 4 and clause 5 of Article 5; points a, e,
and i of clause 5 of Article 8; Article 16; point b of clause 1, point a of
clause 2, clause 3 and clause 5 of Article 18; points c and d of clause 1 and
clause 5 of Article 19; clauses 2 and 3 of Article 21; clauses 3 and 4 of
Article 24; point d of clause 1 of Article 29; point c of clause 1 of Article 37;
point a of clause 1 of Article 41; point a of clause 3 and point b of clause 4
of Article 42; and point d of clause 2 of Article 45 hereof are deemed ended
administrative violations. The end time of the violation is the time when the
organization or individual completes the deadline for fulfilling their
obligations and responsibilities as prescribed;
b) The acts specified in
point b, clause 1; points d and g, clause 5 of Article 8; clause 1, points a,
b, c, and d, clause 2 of Article 10; Article 11; clauses 1 and 2 of Article 13;
points a and i, clause 1 of Article 19; points a, b, and c, clause 1 of Article
26; point a, clause 1 of Article 37; clause 2 of Article 38; and clause 1 of
Article 39 of this Decree are deemed in-progress administrative violations. The
statute of limitation begins from the time the violation is detected;
c) Except for the acts
specified in points a and b of this clause, for other acts specified herein,
the statute of limitation for penalty imposition shall be determined by the competent
authority in accordance with the Law on Penalties for Administrative Violations.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, FORMS OF PENALTIES, FINE LEVELS AND REMEDIAL MEASURES
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Article
5. Violations against regulations on declaration and licensing
1. A warning shall be
imposed for one of the following acts:
a) Failing to notify
competent authorities when planning to conduct radiation work as prescribed;
b) Failing to make
declaration or making inaccurate declaration of radiation devices to competent
licensing authorities, except for the acts specified in point a of clause 3 of
this Article;
c) Failing to make
supplementary declaration of radioactive sources and radiation devices to the
licensing authority when there are changes to the information compared to the
application for a license/permit as prescribed.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for repeating violations specified
in clause 1 of this Article.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
b) Failing to make
declaration or making inaccurate declaration to the competent authority of radiation
devices when radioactive materials, irradiation equipment, or radiation sources
are present as prescribed;
b) Failing to make
declaration to the competent state authority of the use of radioactive sources
in industrial radiography as prescribed;
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4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Failing to declare
radioactive waste to the competent licensing authority, except in cases where
radioactive waste is generated from licensed radiation work;
b) Failing to declare to
the competent licensing authority of the spent radioactive sources as
prescribed.
5. A fine of VND
30.000.000 to VND 60.000.000 shall be imposed for the act of failing to make
declaration or make declaration with incomplete information to the competent
licensing authority of the nuclear source materials, nuclear materials, nuclear
devices, or spent nuclear fuel as prescribed.
Article
6. Violations against regulations on license to conduct radiation work
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license:
a) Using radiation devices
without a radioactive source, except for cases specified in point a, clause 14
of this Article;
b) Changing the scale,
scope of operation, or terminating the operation of a radiation facility;
c) Importing radioactive
substances or radioactive sources;
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2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license but not
serious to an extent of being liable to criminal prosecution:
a) Using radioactive
sources;
b) Storing radioactive
sources or spent radioactive sources.
3. The fines for the acts
specified in points a, c, and d of Clause 1 and Clause 2 of this Article, in
cases where radiation work is carried out with more than one radioactive source
of below-average danger according to the National Technical Standard on the
classification of radioactive sources or more than one radiation device without
a radioactive source attached, shall range:
a) From VND 30.000.000 to
VND 40.000.000 in cases of violations involving 2 to less than 5 radioactive
sources or radiation devices without attached sources;
b) From VND 50.000.000 to
VND 70.000.000 in cases of violations involving 5 to less than 10 radioactive
sources or radiation devices without attached sources;
c) From VND 80.000.000 to
VND 110.000.000 in cases of violations involving 10 to less than 20 radioactive
sources or radiation devices without attached sources;
d) From VND 120.000.000 to
VND 160.000.000 in cases of violations involving more than 20 radioactive
sources or radiation devices without attached sources;
4. The fine shall be 1,5
times the amount of the fine for the acts specified in points c and d of Clause
1 and Clause 2 of this Article, and corresponding to the number of radioactive
sources specified in Clause 3 of this Article, in cases where the radioactive
source has an average level of danger according to the National Technical
Standard on the classification and categorization of radioactive sources.
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6. In cases where the acts
specified in points c and d of Clause 1 and Clause 2 of this Article involve
multiple radioactive sources with different levels of danger, the fine shall be
applied according to the number of each type of source as specified in Clauses
3, 4, and 5 of this Article.
7. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for transporting radioactive
sources, radioactive substances, or radioactive waste without a license or with
an expired license, but not serious to an extent of being liable to criminal
prosecution.
8. The fines for the acts
specified in Clause 7, in cases where radiation work is carried out with more
than one radioactive source of below-average danger according to the National
Technical Standard on the classification of radioactive sources or more than
one radiation device without a radioactive source attached, shall range:
a) From VND 30.000.000 to
VND 50.000.000 in cases of violations involving 2 to less than 5 radioactive
sources or radiation devices without attached sources;
b) From VND 80.000.000 to
VND 100.000.000 in cases of violations involving 5 to less than 10 radioactive
sources or radiation devices without attached sources;
c) From VND 120.000.000 to
VND 160.000.000 in cases of violations involving 10 to less than 20 radioactive
sources or radiation devices without attached sources;
d) From VND 240.000.000 to
VND 300.000.000 in cases of violations involving more than 20 radioactive
sources or radiation devices without attached sources;
9. The fine shall be 1,5
times the amount of the fine for the acts specified in Clause 7 of this
Article, and corresponding to the number of radioactive sources specified in
Clause 8 of this Article, in cases where the radioactive source has an average
level of danger according to the National Technical Standard on the
classification and categorization of radioactive sources.
10. The fine shall be 02
times the amount of the fine for the acts specified in Clause 7 of this
Article, and corresponding to the number of radioactive sources specified in
Clause 8 of this Article, in cases where the radioactive source has an
above-average level of danger according to the National Technical Standard on
the classification and categorization of radioactive sources.
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12. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for disposing of or burying
radioactive waste or spent radioactive sources without a license or with an
expired license as prescribed.
13. A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed for exploring for radioactive
minerals without a license or with an expired license, but not serious to an
extent of being liable to criminal prosecution:
14. A fine ranging from
VND 40.000.000 to VND 60.000.000 shall be imposed for conducting any of the
following radiation work without a license as prescribed or with an expired
license:
a) Operating irradiation
devices that are accelerator;
b) Extracting or
processing radioactive minerals.
15. A fine ranging from
VND 40.000.000 to VND 60.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license but not
serious to an extent of being liable to criminal prosecution:
a) Producing or processing
radioactive substances;
b) Operating irradiation devices
using radioactive sources;
c) Transporting
radioactive substances or radioactive waste in transit through the territory of
the Socialist Republic of Vietnam.
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a) From VND 70.000.000 to
VND 90.000.000 in cases of violations involving 2 to less than 5 irradiation
devices;
a) From VND 100.000.000 to
VND 140.000.000 in cases of violations involving 5 to less than 10 irradiation
devices;
c) From VND 150.000.000 to
VND 200.000.000 in cases of violations involving more than 10 irradiation
devices;
17. A fine ranging from
VND 100.000.000 to VND 200.000.000 shall be imposed for conducting any of the
following radiation work without a license as prescribed or with an expired
license:
a) Importing source
nuclear materials, nuclear materials, or nuclear devices;
b) Exporting source
nuclear materials, nuclear materials, or nuclear devices;
c) Disposing of or burying
spent nuclear fuel.
18. A fine ranging from
VND 200.000.000 to VND 400.000.000 shall be imposed for conducting any of the
following radiation work without a license or with an expired license but not
serious to an extent of being liable to criminal prosecution:
a) Transporting source
nuclear materials, nuclear fuel, or spent nuclear fuel;
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c) Storing spent nuclear
fuel.
19. Remedial measures:
a) Enforced implementation
of measures to ensure radiation safety, radioactive source security, nuclear
safety, and nuclear security as prescribed for the acts specified in Clauses 1,
2, 7, 12, 13, 14, 15, 17, and 18 of this Article;
g) Enforced removal from
the territory of the Socialist Republic of Vietnam or re-export of goods,
items, and means (that are radioactive sources, source nuclear materials,
nuclear fuel, or spent nuclear fuel) or implementation of management measures
to ensure safety and security in cases where it is impossible to remove them
from the territory of Vietnam for the acts specified in point c of Clause 1,
point c of Clause 15, point a of Clause 17, and point b of Clause 18 of this
Article;
c) Enforced application of
remedial measures against environmental pollution for acts specified in point c
of clause 1, point c of clause 15, point a of clause 17, and point b of clause
18 of this Article in cases where such acts cause environmental radioactive
contamination exceeding the prescribed level.
Article
7. Violations against regulations on amendment to and revocation of licenses;
conditions of licenses to conduct radiation work, nuclear power plant
construction permits, and research reactor construction permits
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Failing to follow the
prescribed procedures for amendment to license;
b) Failing to return the
license in case of license revocation.
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using radioactive sources,
radiation devices, or irradiation devices for purposes other than those
specified in the license to conduct radiation work, except for the cases
specified in point b of clause 1, and clause 3 of Article 18 hereof.
4. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for acts specified in point a of
clause 1 of this Article, for nuclear facilities that are nuclear power plants
or research reactors.
5. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for failing to fully satisfy
with the conditions in the nuclear power plant construction permit or research
reactor construction permit; the trial operation license for nuclear power
units or research reactors; the license to operate nuclear power plants and
research reactors; or the license to terminate operation of nuclear power
plants or research reactors, except for the acts specified in Articles 33, 34,
and 35 hereof.
6. Additional penalties:
Suspension of the license
to conduct radiation work of adiation establishments for 1 to 3 months for
violations under Clauses 6, 7, 8, and 11 hereof.
Article
8. Violations against regulations on radiation dose control
1. A warning shall be
imposed for one of the following acts:
a) Failing to notify
radiation workers of the results of individual exposure dose assessments;
b) Failing to keep a
logbook of occupational exposure doses for radiation workers.
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3. A fine ranging from VND
3.000.000 to VND 6.000.000 shall be imposed for one of the following acts:
a) Failing to report to
the competent state authority when an employee receives an exposure dose
exceeding the prescribed dose limit, except for acts specified in Clauses 6 and
9 of this Article;
b) Failing to implement
measures to monitor exposure doses for apprentices involved in radiation work,
students using radioactive sources, or radiation devices during their studies
as prescribed.
4. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for acts specified in clause 1 of
this Article, for nuclear facilities that are research reactors.
5. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Allowing exposure doses
to the public or radiation workers to exceed the prescribed dose limits;
b) Failing to provide
replacement dosimeters for radiation workers as required;
b) Failing to equip a
dosimeter for each radiation worker; failing to provide a sufficient number of
dosimeters as required for those working with interventional radiology devices;
a) Failing to organize or
organizing individual exposure dose assessments for radiation workers at an
incorrect frequency as prescribed;
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e) Allowing personnel
involved in responding to radiation or nuclear incidents to receive effective
doses exceeding the prescribed dose limit;
g) Failing to establish
reference dose levels and optimize the received dose to the lowest possible
level while still ensuring effective diagnosis for patients as prescribed;
h) Failing to provide adequate
information, safety measures, and radiation protection instructions to
caregivers and visitors before they enter the controlled area;
i) Allowing patients who
have been treated or diagnosed with radiopharmaceuticals to be discharged when the
activity of radioactive substances in their bodies exceeds the prescribed level;
k) Allowing caregivers,
assistants, and visitors to receive doses exceeding the prescribed dose limit
during diagnosis, testing, or treatment with ionizing radiation or radiopharmaceuticals;
l) Failing to establish or
implement a comprehensive quality assurance program for radiopharmaceutical
diagnostic and radiotherapy activities.
6. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for acts specified in clause 3 of
this Article, for nuclear facilities that are research reactors.
7. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for acts specified in clause 1 of
this Article, for nuclear facilities that are nuclear power plants.
8. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for acts specified in points a,
b, c, d, e, and f of Clause 5 of this Article, for nuclear facilities that are
research reactors.
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10. A fine ranging from
VND 80.000.000 to VND 120.000.000 shall be imposed for acts specified in points
a, b, c, d, e, and f of Clause 5 of this Article, for nuclear facilities that
are nuclear power plants.
11. Remedial measures:
Enforced organization of
medical examinations and health monitoring for employees whose exposure doses
exceed the dose limit for the acts specified in point a of Clause 5, Clause 8,
and Clause 10 of this Article.
Article
9. Violations against regulations on radiation dose control for radioactively
contaminated scraps
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to report to the
Department of Radiation and Nuclear Safety or the local Department of Science
and Technology when detecting radioactive substances or radioactively
contaminated objects mixed in scrap that are outside the control as prescribed.
2. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for failing to report to the
Department of Radiation and Nuclear Safety or the local Department of Science
and Technology when detecting radioactive substances or radioactively
contaminated objects mixed in scrap that are outside the control as prescribed.
3. Remedial measures:
a) Enforced recovery of
radioactive substances and/or radioactively contaminated objects for safe and
secure management for the acts specified in Clause 2 of this Article;
b) Enforced decontamination
of radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Clause 2 of this Article in cases where the
violation causes radioactive contamination exceeding the prescribed level.
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1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to equip radiation
warning lights or equipping radiation warning lights that are not functioning as
prescribed.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Failing to post
radiation warning signs in the controlled areas and supervised areas;
b) Failing to post
regulations or instructions on radiation safety, radiation protection, and
radioactive source security in the controlled areas and supervised areas;
c) Failing to develop
procedures for conducting radiation work, or failing to post procedures as
prescribed;
d) Failing to implement
measures to supervise entry and exit from the controlled area;
dd) Having radiation
workers who do not comply with or inadequately comply with radiation safety
regulations and procedures for conducting radiation work;
e) Employing persons under
18 years of age to perform radiation work;
g) Failing to reassign
pregnant female radiation workers to suitable work to avoid radiation exposure
when they so wish.
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4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for acts specified in clause 2 of
this Article, for nuclear facilities that are nuclear power plants.
5. A fine ranging from VND
35.000.000 to VND 45.000.000 shall be imposed for acts specified in clause 3 of
this Article, for nuclear facilities that are nuclear power plants.
Article
11. Violations against regulations on surface radioactive contamination control
in the management and use of unsealed radioactive sources, and the production
and processing of radioactive materials
A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for one of the following acts:
1. Failing to use fume
hoods or glove boxes;
2. Failing to use
decontaminable materials for walls, floors, tabletops, and other radioactively
contaminated surfaces;
3. Failing to apply
measures to prevent the spread of radioactive contamination;
4. Failing to use a
ventilation system with radioactive material filters;
5. Failing to use dose
measuring devices and radiative contamination measuring devices with exposure
ranges suitable for the type of radiation emitted from radiation devices and/or
radiation sources used at the facility, and other tests to monitor
environmental background radiation, assess the level of radiative
contamination, and control radiation levels when entering areas with potential
radioactive contamination;
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Article
12. Violations against regulations on calibration of radiation measuring
devices, workplace radiation monitoring, and inspection of radiation devices
and nuclear devices
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following acts:
a) Using radiation
measuring devices that have not been calibrated as prescribed;
b) Using calibrated
radiation measuring devices but the calibration is not appropriate for the type
of radiation or does not meet the required technical specifications.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to conduct workplace
radiation monitoring as required.
3. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for using medical diagnostic
X-ray devices that has not been inspected as prescribed.
4. A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for operating an accelerator or
radiotherapy device that has not been inspected as prescribed.
5. A fine ranging from VND
35.000.000 to VND 50.000.000 shall be imposed for using nuclear devices that
have not been inspected as prescribed.
6. The acts specified in
Clauses 3, 4, and 5 of this Article shall be subject to aggravating
circumstances when imposing penalties if more than two medical diagnostic X-ray
devices, radiotherapy devices, or nuclear devices are used in radiation work.
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Suspension of operation of
organizations and individuals using medical diagnostic X-ray devices, operating
radiotherapy devices, or using nuclear devices for 1 to 2 months for committing
the acts specified in Clauses 3, 4, and 5 of this Article.
8. Remedial measures:
Enforced inspection of
medical diagnostic X-ray devices, radiotherapy devices, and nuclear devices as
prescribed for the acts specified in Clauses 3, 4, and 5 of this Article;
Article
13. Violations against regulations on personal protective equipment and
radiation measuring devices
1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for failing to equip or adequately
equip personal protective equipment as prescribed, except for the acts specified
in Clause 2 of this Article.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to equip or adequately
equip personal protective equipment as prescribed in the case of using
interventional radiology devices, using radioactive sources in nuclear
medicine, or conducting well logging exploration.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to equip or maintain
radiation measurement devices as prescribed.
Article
14. Violations against regulations on preparation and storage of radiation
safety records
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to prepare and store
records as prescribed, except for the acts specified in Clause 2 of this Article.
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a) Failing to store a
grassroots-level radiation incident response plan;
b) Failing to prepare and store
dose management records for patients undergoing diagnostic, interventional, and
therapeutic techniques in nuclear medicine and radiotherapy as prescribed;
e) Failing to prepare and
store records of medical incidents related to radiation as prescribed;
d) Failing to prepare and
store records of medical incidents related to radiation as prescribed;
dd) Failing to complete
documentation and records proving the technical specifications of radiation
devices, radioactive sources, and radioactive waste as prescribed;
e) Failing to create and
maintain records for the management of radioactive waste.
Article
15. Violations against regulations on training, health examination, and
radiation worker certification
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Failing to organize
radiation safety training, professional training, and refresher training for
radiation workers as prescribed;
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2. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for assigning a person without a
prescribed radiation worker certificate or with an expired radiation worker
certificate to one of the following tasks:
a) Radiation safety;
b) Decontamination;
c) Radiation and nuclear
incident response;
d) Accelerator operation;
dd) Operation of
irradiation devices using radioactive sources;
e) Production or
processing of radioactive substances;
g) Industrial radiography.
3. A fine ranging from VND
20.000.000 to VND 35.000.000 shall be imposed for one of the following acts:
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b) Failing to appoint a
person in charge of decontamination;
c) Failing to have
personnel trained in medical physics as prescribed.
Article
16. Violations against regulation on reporting when conducting radiation work
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for submitting a report on the
status of radiation work safety to the competent state agency late or with
incomplete content as prescribed.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to submit a report on
the status of radiation work safety to the competent state authority
prescribed, except for the case specified in Clause 7 of this Article.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for acts specified in clause 1 of
this Article for nuclear facilities, except for the case specified in Clause 4
of this Article.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for acts specified in Clause 1 of
this Article for nuclear facilities that are nuclear power plants.
5. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for acts specified in clause 2 of
this Article for nuclear facilities, except for the case specified in Clause 6
of this Article.
6. A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for acts specified in clause 2 of
this Article, for nuclear facilities that are nuclear power plants.
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a) Failing to submit a
10-year comprehensive report to the national radiation and nuclear safety authority
as prescribed;
b) Failing to submit
report or being late in submitting report to the competent state authority when
an incident or unusual situation occurs during operation, except for acts
specified in Articles 19 and 37 hereof.
Article
17. Violations of regulations on packaging, transport, and transit of
radioactive materials and nuclear devices
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to pack radioactive
material shipments as prescribed.
2. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for one of the following acts:
a) Failing to affix
radiation warning labels on transport vehicles or transit vehicles as
prescribed;
b) Failing to implement a
safety and security plan during transport or transit as prescribed;
c) Failing to use
transport vehicles as prescribed;
d) The escort does not
have a radiation safety training certificate; or does not have a radiation
worker certificate as prescribed;
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e) Failing to transport
goods in accordance with the route specified in the transport plan approved by
the competent state authority;
g) Failing to notify the
Department of Radiation and Nuclear Safety when shipment of radioactive materials
is unclaimed as prescribed;
h) Failing to conduct
measurements and record dose measurements during transport;
i) Storing shipments
containing radioactive materials in transit warehouses that do not meet safety
and security standards as prescribed.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for any of the following acts of
failing to report to the Department of Radiation and Nuclear Safety as
prescribed:
a) The shipment of
radioactive materials received does not conform to the transport contract in
terms of type and quantity;
b) The shipment of
radioactive materials shows signs of damage, decommissioning, or radioactive
leakage during transport.
4. A fine ranging from VND
25.000.000 to VND 45.000.000 shall be imposed for refusing to transport
radioactive materials or nuclear devices that meet the transport requirements
and have been licensed as prescribed.
5. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for spilling radioactive
materials during transport or transit.
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7. Remedial measures:
a) Enforced search and
recovery of lost or spilled radioactive materials for safe and secure
management for acts specified in Clause 5 of this Article;
b) Enforced
decontamination of radioactively contaminated areas to meet national
environmental technical standards for the acts specified in Clause 5 of this
Article in cases where the violation causes radioactive contamination exceeding
the prescribed level.;
c) Enforced removal from
the territory of the Socialist Republic of Vietnam or re-export of radioactive
materials for the acts specified in Clause 5 of this Article in cases of
transit;
Article
18. Violations against regulations on the production, sale, export, and import
of irradiated consumer goods/products, goods/products containing radioactive
substances, or radioactively contaminated goods/products; import of radioactive
materials, nuclear devices, and radioactive waste
1. A fine ranging from VND
10.000.000 to VND 30.000.000 shall be imposed for one of the following acts:
a) Importing or selling
irradiated consumer goods, goods containing radioactive substances that are
permitted for import as prescribed but without clearly stating this information
on the product label;
b) Importing radioactive
materials with incorrect information regarding quantity, characteristics, and
technical specifications as stated in the license to conduct radiation work.
2. A fine ranging from VND
20.000.000 to VND 50.000.000 shall be imposed for one of the following acts:
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b) Producing or trading
consumer goods with radioactive activity higher than the prescribed limits.
3. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for importing nuclear devices
with incorrect information regarding quantity, characteristics, and technical
specifications as stated in the license to conduct radiation work.
4. A fine ranging from VND
35.000.000 to VND 65.000.000 shall be imposed for failing to conduct remedial
measure for the consequences caused by imported goods containing radioactive
substances or contaminated with radiation at the border.
5. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for importing radioactive waste
but not serious to an extent of being liable to criminal prosecution.
6. Remedial measures:
a) Enforced recovery of
goods not satisfying the prescribed requirements for acts specified in point b
of clause 2 of this Article;
g) Enforced removal from
the territory of the Socialist Republic of Vietnam or re-export of radioactive
materials, irradiated consumer goods, nuclear devices, and radioactive waste
for acts specified in point b of clause 1, point a of clause 2, clause 3, and
clause 5 of this Article.
Article
19. Violations against regulations on preparation for and response to radiation incident
1. A fine ranging from VND
10.000.000 to VND 30.000.000 shall be imposed for one of the following acts:
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b) Failing to organize
drills for the grassroots-level radiation incident response plan as prescribed;
c) Failing to notify the
competent state authority about the location of the radiation incident and
related information within the prescribed time limit;
d) Failing to provide
information and documents, or cooperate with competent authorities and
organizations in remediation and determination of the cause of the radiation
incident;
d) Failing to comply with
or not fully and promptly complying with the emergency mobilization order for
personnel, materials, and equipment of the competent state authority to remedy
the radiation incident;
e) Obstructing or failing
to comply with instructions from competent state authorities during the
remediation of radiation incidents;
g) Failing to implement
measures to mitigate consequences for humans, the environment, and society when
a radiation incident occurs;
h) Failing to carry out
remedial measures and determine the cause of the radiation incident as
prescribed, except for the acts specified in Clause 6 of Article 17 hereof;
i) Failing to equip the
equipment and devices for responding to incidents as listed in the approved
grassroots-level radiation incident response plan as prescribed.
2. A fine ranging from VND
50.000.000 to VND 80.000.000 shall be imposed for acts specified in clause 1 of
this Article, for nuclear facilities that are nuclear power plants or research
reactors.
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4. A fine ranging from VND
300.000.000 to VND 400.000.000 shall be imposed for acts specified in clause 3
of this Article, for nuclear facilities that are nuclear power plants or
research reactors, except for the acts specified in Clause 4 of Article 34
hereof.
5. A fine ranging from VND
200.000.000 to VND 400.000.000 shall be imposed for failing to implement
preventive measures as prescribed, resulting in a radiation incident but not
serious to an extent of being liable to criminal prosecution.
6. Remedial measures:
a) Enforced rectification
of false or confusing information regarding the incident or the status of the
radiation for acts specified in Point a of Clause 3; Point h of Clause 4 of
this Article;
b) Enforced implementation
of measures to ensure radiation safety, radioactive source security for the
acts specified in Clauses 5 of this Article;
Article
20. Violations against regulations on the collection, classification, disposal,
storage, and burial of radioactive waste, spent radioactive sources, and spent
nuclear fuel
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following acts:
a) Failing to collect,
classify, dispose of, and manage radioactive waste and spent radioactive
sources as prescribed, except for the acts specified in point a of clause 2 of
this Article;
b) Failing to implement
measures to minimize radioactive waste at the source of generation as
prescribed;
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d) Failing to ensure
financial resources for the operation and termination of operations of
organizations processing, storing, and burying radioactive waste and spent
radioactive sources.
2. A fine ranging from VND
90.000.000 to VND 150.000.000 shall be imposed for one of the following acts:
a) Failing to manage and
dispose of spent nuclear fuel and high-level radioactive waste as prescribed;
b) Failing to ensure
financial resources for the operation and termination of operations of
organizations processing, storing, and burying spent nuclear fuel as prescribed.
Article
21. Violations against regulations on management of radioactively contaminated
objects and spent radioactive sources; clearance of radioactive waste,
radioactively contaminated objects, and spent radioactive sources
1. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for failing to implement measures
for managing radioactively contaminated objects and spent radioactive sources
as prescribed.
2. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for one of the following acts:
a) Clearance of
radioactively contaminated objects with a radioactive activity concentration or
total radioactive activity higher than the clearance level;
b) Clearance of radioactively
contaminated objects with a radioactive activity concentration or total
radioactive activity less than or equal to the clearance level without
permission from the national radiation and nuclear safety agency;
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3. A fine ranging from VND
35.000.000 to VND 65.000.000 shall be imposed for one of the following acts:
a) Clearance of spent
nuclear sources with total radioactivity exceeding the prescribed clearance
level;
b) Clearance of spent
nuclear sources with a radioactive activity concentration or total radioactive
activity less than or equal to the clearance level without permission from the
national radiation and nuclear safety agency;
4. Remedial measures:
a) Enforced recovery of
radioactively contaminated objects, radioactive waste, and radioactive sources
for safe and secure management as prescribed for the acts specified in points a
and c of Clause 2, and point a of Clause 3 of this Article;
b) Enforced application of
remedial measures against environmental pollution for acts specified in points
a and c of Clause 2, and point a of Clause 3 of this Article in cases where
such acts cause environmental pollution.
Article
22. Violations against regulations on the construction, decommissioning, and
decontamination of radiation facilities upon termination of operation
1. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for constructing a radiation
facility without an approved Safety Analysis Report as prescribed.
2. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for decommissioning a radiation
facility, decontamination or disposal of radiation sources and radioactive
waste in a manner inconsistent with the approved plan and methods in the
licensing application.
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Enforced decontamination
of radioactively contaminated areas to meet national environmental technical
standards for the acts specified in Clause 2 of this Article in cases where the
violation causes radioactive contamination exceeding the prescribed level.;
Article
23. Violations against regulations on environmental protection in the
exploration, extraction, processing, and closure of radioactive mineral mines
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for one of the following acts:
a) Failing to prepare a
safety assessment report in the case where the organization or individual processing
radioactive minerals changes the purpose or scale of operation of the
processing plant;
b) Failing to submit a
safety assessment report to the Department of Radiation and Nuclear Safety in
the case where the organization or individual processing radioactive minerals
changes the purpose or scale of operation of the processing plant;
c) Failing to implement
contents or implementation of incomplete contents specified in the Safety
Assessment Report appraised by the Department of Radiation and Nuclear Safety;
d) Failing to notify the
Department of Radiation and Nuclear Safety or failing to update the contents of
the safety assessment report after commencing operations as required.
2. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for failing to implement
measures to minimize negative impacts on the environment as prescribed.
3. A fine ranging from VND
150.000.000 to VND 250.000.000 shall be imposed for one of the following acts:
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b) Failing to report to
the competent state authority on the results of implementing measures for
environmental protection, renovation, and remediation as prescribed.
4. Remedial measures:
a) Enforced implementation
of measures to minimize negative impacts on the environment for the acts
specified in Clause 2 of this Article;
b) Enforced application of
remedial measures against environmental pollution for acts specified in Point a
of Clause 3 of this Article;
Article
24. Violations against regulations on environmental radiation monitoring at
facilities conducting radiation work, excluding nuclear facilities that are
nuclear power plants or research reactors
A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for one of the following acts:
1. Failing to monitor
radiation or conduct complete monitoring as prescribed;
2. Failing to prepare and
store records of environmental radiation monitoring as prescribed;
3. Failing to report the
results of periodic radiation monitoring to the national radiation and nuclear
safety agency as prescribed;
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5. Failing to ensure that
radiation monitoring devices operate stably and accurately as prescribed.
Section
3. VIOLATIONS AGAINST REGULATIONS ON THE SECURITY OF RADIOACTIVE SOURCES,
NUCLEAR MATERIALS, AND NUCLEAR INSPECTION
Article
25. Violations against regulations on ensuring the security of radioactive
sources
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level D in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct
periodic inventory of radioactive sources or have procedures for periodic
inventory of radioactive sources as prescribed;
b) Failing to establish or
establishing but fail to implement regulations on the responsibilities and
powers of each unit and individual involved in ensuring the security of
radioactive sources as prescribed.
2. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level C in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct periodic
inventory of radioactive sources or have procedures for periodic inventory of
radioactive sources as prescribed;
b) Failing to establish or
establishing but failing to implement regulations on the responsibilities and
powers of each unit and individual involved in ensuring the security of
radioactive sources as prescribed;
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d) Failing to install
barriers for the area where radiation work is conducted in the case of using
mobile radioactive sources as prescribed;
dd) Failing to install
radiation warning signs for the area where radiation work is conducted in the
case of using mobile radioactive sources as prescribed;
e) Failing to have
designated storage area for not-in-use radioactive sources, or install locks at
accessible points to the storage area in the case of using mobile radioactive
sources as prescribed;
g) Failing to have
procedures for managing locks and keys for the storage area of radioactive
sources in the case of using mobile radioactive sources as prescribed;
g) Failing to logbooks for
the use of radioactive sources in the case of using mobile radioactive sources
as prescribed;
i) Failing to have
procedure for handing over radioactive sources between departments within the
facility in the case of using mobile radioactive sources as prescribed.
3. A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for any of the following acts when
managing, using, or storing radioactive sources classified as security level B
in accordance with regulations on ensuring the security of radioactive sources:
a) Failing to conduct
periodic inventory of radioactive sources or have procedures for periodic
inventory of radioactive sources as prescribed;
b) Failing to establish or
establishing but fail to implement documents on the responsibilities and powers
of each unit and individual involved in ensuring the security of radioactive
sources as prescribed.
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d) Failing to install
barriers for the area where radiation work is conducted in the case of storage
of radioactive sources or use of mobile radioactive sources as prescribed;
dd) Failing to install
radiation warning signs for the radiation work area in the case of storage of
radioactive sources or use of mobile radioactive sources as prescribed;
e) Failing to have
designated storage area for not-in-use radioactive sources, or install locks at
accessible points to the storage area in the case of storing radioactive
sources or using mobile radioactive sources as prescribed;
g) Failing to have
procedures for managing locks and keys for the storage area of radioactive
sources in the case of storing radioactive sources or using mobile radioactive
sources as prescribed;
g) Failing to logbooks for
the use of radioactive sources in the case of using mobile radioactive sources
as prescribed;
i) Failing to have
procedure for handing over radioactive sources between departments within the
facility in the case of using mobile radioactive sources as prescribed.
4. A fine ranging from VND
35.000.000 to VND 50.000.000 shall be imposed for any of the following acts
when managing, using, or storing radioactive sources classified as security
level A in accordance with regulations on ensuring the security of radioactive
sources:
a) Failing to conduct
periodic inventory of radioactive sources or have procedures for periodic
inventory of radioactive sources as prescribed;
b) Failing to establish or
establishing but fail to implement documents on the responsibilities and powers
of each unit and individual involved in ensuring the security of radioactive
sources as prescribed.
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d) Failing to have
devices/equipment to detect and alert against unauthorized access at the
entrances and exits of the radioactive source room as prescribed;
dd) Failing to have
devices/equipment to record and store images of unauthorized access at the
entrances to the radioactive source room, source control room, security system
control room, and water treatment tank for the water storage tank for
preserving radioactive sources;
g) Failing to arrange
separate place for storing radioactive sources in cases where radioactive
sources are stored as required;
g) Failing to have
logbooks for tracking the entry and exit of radioactive sources in cases where
radioactive sources are stored as required;
h) Failing to store
radioactive sources in locked source containers or protective vessels or
failing to take measures to restrict the relocation of radioactive sources when
storing them as required by regulations.
Article
26. Violations of regulations on security in the use and storage of nuclear
materials
1. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for any of the following acts in
cases of violations concerning Group III nuclear materials, except for the acts
specified in Article 35 hereof:
a) Failing to establish
restricted access areas or protected areas as prescribed;
b) Failing to apply
measures to control and restrict access to areas for using and storing nuclear
materials and protected areas within nuclear facilities as prescribed;
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d) Failing to use or store
nuclear materials inside restricted access areas;
dd) Failing to apply
necessary security measures when moving nuclear materials within restricted
access areas as prescribed.
2. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for any of the following acts in
cases of violations concerning Group II nuclear materials, except for the acts
specified in Article 35 hereof:
a) Failing to establish
restricted access areas or protected areas as prescribed;
b) Failing to apply measures
to control and restrict access to areas for using and storing nuclear materials
and protected areas within nuclear facilities as prescribed;
c) Failing to issue and
implement regulations on the management and use of keys and access cards; establish
and maintain an access control system as prescribed;
d) Failing to set up a
central alarm station, a two-way communication system, or having set up one but
failing to meet the prescribed operational standards;
dd) Failing to provide or
maintain the required power supply for alarm equipment/devices and central
alarm stations;
e) Failing to implement
necessary security measures when moving nuclear materials within or between
protected areas;
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h) Failing to develop and
implement procedures for periodic inspection of the operation of intrusion
detection and alarm equipment/devices, communication systems, and other
protection systems as required;
i) Failing to develop and
implement regulations on information security related to nuclear materials
security; failing to equip a computer system used in ensuring nuclear security,
safety, and control with the ability to withstand all acts of sabotage,
including cyberattacks;
k) Failing to use or store
nuclear materials inside protected areas;
l) Failing to have
procedures for recording information, store information about users, key
managers, access card holders, or computer systems controlling access to
nuclear materials.
3. A fine ranging from VND
70.000.000 to VND 100.000.000 shall be imposed for acts specified in points a
and b of Clause 1 of this Article in the use and storage of Group I nuclear
materials, except for the acts specified in Article 35 hereof.
4. A fine ranging from VND
80.000.000 to VND 120.000.000 shall be imposed for any of the following acts in
the use and storage of Group I nuclear materials, except for the acts specified
in Article 35 hereof:
a) Failing to issue and
implement regulations on the management and use of keys and access cards;
establish and maintain an access control system as prescribed;
b) Failing to set up a
central alarm station, a two-way communication system, or having set up one but
failing to meet the required operational standards;
c) Failing to provide or
maintain the required power supply for alarm equipment/devices and central
alarm stations;
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dd) Failing to organize a
security force, conduct patrols, or deploy security personnel as prescribed;
e) Failing to implement
measures to prevent illegal interference or sabotage of alarm equipment/devices
and central alarm stations.
5. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for any of the following acts
in the use and storage of Group I nuclear materials, except for the acts
specified in Article 35 hereof:
a) Failing to implement
necessary security measures when moving nuclear materials within or between
protected areas;
b) Failing to prepare
nuclear materials management dossier as prescribed;
c) Failing to develop and
implement procedures for periodic inspection of the operation of intrusion
detection and alarm equipment/devices, communication systems, and other
protection systems as required;
d) Failing to develop and
implement regulations on information security related to nuclear materials
security; failing to equip a computer system used in ensuring nuclear security,
safety, and control with the ability to withstand all acts of sabotage,
including cyberattacks.
Article
27. Violations against regulations on appropriated, lost, illegally used, or
illegally transferred radioactive sources; loss of radioactive sources
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to notify the
competent state authority as prescribed when discovering a radioactive source
that has been appropriated, lost, illegally used, or illegally transferred.
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3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for failing to immediately take
necessary measures to recover appropriated, lost, illegally used, or illegally
transferred radioactive sources.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for losing radioactive sources
classified as security level D according to regulations on ensuring the
security of radioactive sources in management, use, transport, and storage.
5. The fine shall be 1,5
times the amount of the fine for the acts specified in Clause 4 of this Article
in cases of such acts involving radioactive sources classified as security
level C according to regulations on ensuring the security of radioactive
sources.
6. The fine shall be 02
times the amount of the fine for the acts specified in Clause 4 of this Article
in cases of such acts involving radioactive sources classified as security
level B according to regulations on ensuring the security of radioactive
sources.
7. The fine shall be 03
times the amount of the fine for the acts specified in Clause 4 of this Article
in cases of such acts involving radioactive sources classified as security
level A according to regulations on ensuring the security of radioactive
sources.
8. Additional penalties:
Suspension of the license
to conduct radiation work of radiation facility for 01 to 03 months for acts
under Clauses 4, 5, 6, and 7 of this Article.
9. Remedial measures:
a) Enforced search and
recovery of radioactive sources for safe and secure management as prescribed
for the acts specified in Clauses 4, 5, 6, and 7 of this Article;
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Article
28. Violations against regulations on appropriated, lost, illegally used, or
illegally transferred nuclear materials, nuclear devices; infringement of
works, equipment and devices ensuring safety and security
1. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for failing to notify the
competent state authority as prescribed when discovering nuclear materials,
nuclear fuel, spent nuclear fuel, or nuclear devices that have been
appropriated, lost, illegally used, or illegally transferred.
2. A fine ranging from VND
40.000.000 to VND 80.000.000 shall be imposed for failing to notify the
competent state authority as prescribed when discovering nuclear materials,
nuclear fuel, spent nuclear fuel, or nuclear devices under one's management
that have been appropriated or lost.
3. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for failing to take necessary
measures as prescribed to recover nuclear materials, nuclear fuel, spent
nuclear fuel, and nuclear devices that have been appropriated, lost, illegally
used, or illegally transferred.
4. A fine ranging from VND
200.000.000 to VND 400.000.000 shall be imposed for infringing upon works,
equipment, and device serving activities ensuring radiation safety, nuclear
safety, and nuclear security in the field of atomic energy.
5. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for losing nuclear materials,
nuclear fuel, spent nuclear fuel, or nuclear devices.
6. A fine ranging from VND
500.000.000 to VND 1.000.000.000 shall be imposed for illegal appropriation or
transfer of nuclear materials, nuclear fuel, spent nuclear fuel, or nuclear
devices.
7. Additional penalties:
a) Confiscation of nuclear
materials, nuclear fuel, spent nuclear fuel, and nuclear devices for the acts
specified in Clause 6 of this Article;
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8. Remedial measures:
a) Enforced search and
recovery of nuclear materials, nuclear fuel, spent nuclear fuel, and nuclear
devices are managed to ensure safety and security for acts specified in Clause
5 of this Article;
b) Enforced
decontamination of radioactively contaminated areas to meet national
environmental technical standards for the acts specified in Clause 5 of this
Article in cases where the violation causes radioactive contamination exceeding
the prescribed level;
c) Enforced restoration to
the original condition of nuclear materials, nuclear fuel, spent nuclear fuel,
or nuclear devices that have been infringed upon, or return of the appropriated
nuclear materials, nuclear fuel, or nuclear devices for acts specified in
Clause 6 of this Article;
d) Enforced implementation
of measures to ensure radiation safety, nuclear safety, and nuclear security as
prescribed for the acts specified in Clause 6 of this Article;
dd) Enforced
implementation of measures to minimize negative impacts on the environment for
acts specified in Clause 6 of this Article in cases where such acts cause
adverse environmental impacts.
Article
29. Violations of regulations on responsibilities in nuclear inspection
activities
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for any of the following acts by
nuclear facilities, facilities managing or using nuclear materials, or source
nuclear materials:
a) Failing to perform
nuclear accounting or report nuclear accounting results as prescribed;
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b) Failing to protect the
physical structure of nuclear materials, source nuclear materials, and nuclear
facilities as prescribed;
d) Failing to submit
design information dossiers as prescribed;
dd) Failing to store
nuclear accounting records throughout the period that nuclear materials or
source nuclear materials are present at the facility.
2. The fine shall be 1,5 times
the amount of the fine for the acts specified in Clause 1 of this Article for
nuclear facilities that are research reactors.
3. The fine shall be 02
times the amount of the fine for the acts specified in Clause 1 of this Article
for nuclear facilities that are nuclear power plants.
Section
4. VIOLATIONS AGAINST REGULATIONS ON SAFETY AND SECURITY OF NUCLEAR POWER
PLANTS AND RESEARCH REACTORS
Article
30. Violations against regulations on licenses for nuclear power plants and
research reactors
1. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for constructing a research
reactor without a license or with an expired license.
2. A fine ranging from VND
500.000.000 to VND 800.000.000 shall be imposed for constructing a nuclear
power plant without a license or with an expired license.
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4. A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for decommissioning a
research reactor without a license or with an expired license.
5. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed for conducting trial
operation or operation of a nuclear power unit or a nuclear power plant without
a license or with an expired license.
6. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed for decommissioning a
nuclear power plant without a license or with an expired license.
7. Remedial measures:
Enforced implementation of
measures to ensure radiation safety, radioactive source security, nuclear
safety, and nuclear security as prescribed for the acts specified in specified
in Clauses 1, 2, 3, 4, 5, and 6 of this Article.
Article
31. Violations against regulations on arrangement of personnel at nuclear power
plants and research reactors
A fine ranging from VND
60.000.000 to VND 120.000.000 shall be imposed for arrange personnel to one of
the following positions without a prescribed radiation worker certificate or
with an expired radiation worker certificate:
1. Chief engineer,
director of the nuclear reactor.
2. Shift supervisor or
operating crew leader of a nuclear reactor.
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4. Nuclear fuel manager.
Article
32. Violations against regulations on assessments of sites of nuclear power
plants and research reactors
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for one of the following acts:
a) Failing to submit or
making late submission of information and documents describing the quality
management system related to site survey and assessment to the national
radiation and nuclear safety authority as prescribed;
b) Failing to notify or
making late notification of the plan for conducting site survey and assessment
to the national radiation and nuclear safety authority;
c) Failing to submit or
making late submission of the list of technical regulations, national
standards, international standards, and foreign technical standards and
regulations applicable to site surveys and assessments as prescribed.
2. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for one of the following acts:
a) Hiring or assigning
another organization or individual that lacks the required qualifications to
conduct site surveys and assessments;
b) Failing to comply with
the approved quality management system;
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d) Failing to conduct
safety assessments in other cases as prescribed;
e) Failing to conduct site
surveys and reassessments when increasing capacity beyond the approved or licensed
capacity;
e) Failing to monitor or
adequately monitor site characteristics as prescribed;
g) Failure to organize
contractor supervision as prescribed;
h) Continuing site survey and
assessment even after receiving a request from a competent state authority to
suspend all site surveys and assessments as prescribed.
3. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for falsifying information and
data on site surveys and assessments of nuclear power plants and research
reactors, but not serious to an extent of being liable to criminal prosecution.
4. Additional penalties:
Suspension of
construction, trial operation, and operation of nuclear power plants or research
reactors for 1 to 3 months for acts specified in Clause 3 of this Article when
information and data on site surveys and assessments are found to contain
exclusionary or adverse factors that could cause serious nuclear safety hazards
as prescribed.
5. Remedial measures:
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Article
33. Violations against regulations on the design and construction of nuclear
power plants and research reactors
1. A fine ranging from VND
100.000.000 to VND 150.000.000 shall be imposed for any of the following acts
in the design and construction of research reactors:
a) Failing to properly
implement the approved design, except for the act specified in point c of this
clause;
b) Failing to report to
the Ministry of Science and Technology as prescribed regarding the content of
design adjustments in the case of design adjustments for main works or
components directly related to nuclear safety or affecting radiation safety,
nuclear safety, or nuclear security solutions compared to the design that has
been appraised during construction;
c) Constructing related
components without the approval of the Ministry of Science and Technology as
prescribed in the case of design adjustments as prescribed in point b of this
clause;
d) Failing to supplement
modifications in the dossier for the design, following the basic design, the
construction dossier, the safety analysis report, and other relevant documents
in case making design modifications to items important to safety;
dd) Selecting and using
equipment/devices and materials affecting radiation safety and nuclear safety
that do not conform to the approved construction design as prescribed;
e) Failing to comply with
national technical regulations or failing to apply approved technical standards
and regulations in the design dossiers;
g) Carrying out or hiring
organizations to carry out survey, design, construction, equipment installation,
supervision, inspection, testing, and experimentation related to nuclear power
plants without sufficient personnel that has undergone training, refresher
training, thematic training in nuclear safety, nuclear security, and radiation
protection, and without professional certificates appropriate to the assigned
job positions as prescribed, except for the acts specified in Clause 2 of this
Article.
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2. A fine of VND
150.000.000 to VND 250.000.000 shall be imposed for any of the following acts:
failure to organize quality inspection and supervision of the manufacturing of
structures, systems, and components critical to the safety of nuclear power
plants.
3. A fine ranging from VND
250.000.000 to VND 350.000.000 shall be imposed for failing to set up,
implement, and maintain a quality management system in the design and
construction of research reactors; and a management program for upgrading and
renovating research reactors.
4. The fine shall be 1,5
times the amount of the fine for the acts specified in Clauses 1 and 3 of this
Article for nuclear power plants.
5. Additional penalties:
Suspension of construction
and installation of items of research reactors or nuclear power plants for 1 to
3 months for acts specified in points a and c of Clause 1 of this Article when
it is found not conforming to the design or there are factors causing radiation
and nuclear safety hazards.
6. Remedial measures:
a) Enforced repair,
renovation, or replacement of structures, systems, or components that do not
conform to the design or do not ensure radiation safety or nuclear safety to
satisfy the approved design requirements; enforced inspection, testing, and
assessment of radiation and nuclear safety as prescribed for acts specified in
points a, c, and d of Clause 1 of this Article;
b) Enforced demolition of
part or all the infringing structure, system, or component in cases where
remedial measures specified in point a of this clause are not feasible for acts
specified in points a, c, and d of Clause 1 of this Article.
Article
34. Violations against regulations on trial operation of nuclear power units,
research reactors, and operation of nuclear power plants and research reactors
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a) Failing to ensure that
personnel satisfy the prescribed professional standards and capabilities;
b) Failing to inspect and
supervise compliance with laws and internal procedures; failing to conduct
periodic internal assessments of radiation safety, nuclear safety, and nuclear
security as prescribed.
2. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
a) Failing to construct,
operate, and maintain a monitoring system for operation, radiation safety,
nuclear safety, and nuclear security as prescribed;
b) Failing to follow
proper procedures when discharging or emitting radioactive waste or discharging
or emitting radioactive waste exceeding the permitted limits, but not serious
to an extent of being liable to criminal prosecution.
3. A fine ranging from VND
150.000.000 to VND 250.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
a) Lacking operating
regulations, decision-making procedures, and independent internal monitoring
mechanisms during operation;
b) Failing to prepare and
submit trial operation reports as prescribed;
c) Conducting trial
operation or operating the reactor beyond the approved operating conditions and
limits;
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dd) Failing to collect
data or assess the system's conformity with design requirements during trial
operation as required;
e) Failing to implement
remedial measures when deviations or violations of operating limits and
conditions occur;
g) Failing to comply with
the quality management system during the trial operation and operation phases;
h) Changing the design,
structure, system, components, software, operating procedures, operating limits
and conditions, or making changes to the operator without the approval of the
competent state authority as prescribed;
i) Failing to include
safety-related modifications arising during trial operation in the design and
technical dossier, the safety analysis report, technological documents, and
nuclear power plant operating documents;
k) Failing to implement
the correct fuel loading, startup, power change, and reactor shutdown
procedures according to the approved operating procedures or in the case of emergency
reactor shutdown;
l) Failing to submit
periodic reports on the results of monitoring the trial operation and operation
process to the Ministry of Science and Technology as prescribed.
4. A fine ranging from VND
200.000.000 to VND 300.000.000 shall be imposed for reporting false information
or concealing information about the status of radiation safety, nuclear safety,
and nuclear security during the trial operation and operations of research
reactors, except for the acts specified in Clause 3, Article 37 hereof.
5. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
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b) Failing to develop,
implement, or update the operating and maintenance procedures system as
prescribed, except for acts specified in Clauses 1, 2, and 3 of this Article;
c) Conducting tests that
have not been analyzed and evaluated for safety during the trial operation phase
with nuclear fuel; or outside the scope considered in the safety analysis
report; or that pose a risk of damaging the reactor, affecting radiation
safety, or nuclear safety;
d) Continuing trial
operation or operation of the reactor even when suspended by a competent state
authority.
6. The fine shall be 1,5
times the amount of the fine for the acts specified in Clauses 1, 2, 3, 4 and 5
of this Article for nuclear power units, nuclear power plants.
7. Additional penalties:
Suspension of the license
for trial operation, operation of research reactors, trial operation of nuclear
power units, and operation of nuclear power plants for 1 to 3 months for acts
specified in points b, c, h, and k of Clause 3 and Clause 5 of this Article.
Article
35. Violations against regulations on ensuring nuclear security of nuclear
power plants and research nuclear reactors
1. A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for any of the following acts in
case of research reactors:
a) Failing to update the
nuclear security assurance plan as prescribed;
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2. A fine ranging from VND
80.000.000 to VND 150.000.000 shall be imposed for failing to implement or
adequately implement the Nuclear security assurance plan for research reactors.
3. A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for letting unauthorized entry,
sabotage, or loss of control of the security area of a research nuclear
reactor happen, but not serious to an extent of being liable to criminal
prosecution
4. The fine shall be 1,5
times the amount of the fine for the acts specified in Clauses 1, 2, and 3 of
this Article for nuclear power units, nuclear power plants.
Article
36. Violations against regulations on environmental radiation monitoring
obligations at nuclear power plants and research reactors
1. A fine ranging from VND
100.000.000 to VND 200.000.000 shall be imposed for any of the following acts
in trial operation and operation of research nuclear reactors:
a) Failing to prepare and
store radiation monitoring dossiers as prescribed;
b) Failing to report to
the competent state authority the results of periodic monitoring as prescribed
or when detecting abnormal monitoring results that pose a risk to the
environment and people.
2. A fine ranging from VND
300.000.000 to VND 500.000.000 shall be imposed for any of the following acts
in trial operation and operation of research reactors:
a) Failing to construct or
failing enough monitoring stations as prescribed;
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c) Failing to maintain the
ability to early detect and warn of radiation anomalies as prescribed;
d) Failing to implement or
maintain the connection of radiation monitoring data with the national
environmental radiation monitoring and warning system as prescribed.
3. The fine shall be 1,5
times the amount of the fine for the acts specified in Clauses 1 and 2 of this
Article for nuclear power plants.
Article
37. Violations against regulations on preparation for and response to nuclear
incidents
1. A fine ranging from VND
60.000.000 to VND 120.000.000 shall be imposed for any of the following acts in
case of research reactors:
a) Failing to develop a
nuclear incident response plan or developing a nuclear incident response plan
but failing to obtain approval as prescribed;
b) Failing to organize
nuclear incident response drills as prescribed;
c) Failing to notify the
competent state authority of the location of the incident and related
information within the prescribed time limit;
d) Failing to provide
information and documents, or to cooperate with agencies and organizations in
remedying and determining the cause of the incident;
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e) Obstructing or failing
to comply with instructions from competent state authorities during the
incident remediation process;
g) Failing to implement
measures to mitigate consequences for people, the environment, and society when
a nuclear incident occurs;
h) Failing to apply
remedial measures and determine the cause of the nuclear incident as prescribed;
i) Failing to equip
nuclear incident response equipment and facilities as prescribed.
2. The fine shall be 1,5
times the amount of the fine for the acts specified in Clause 1 of this Article
for nuclear power plants.
3. A fine ranging from VND
150.000.000 to VND 350.000.000 shall be imposed for concealing information,
delaying the provision of information, or disseminating unfounded or untrue
information about a nuclear accident at a nuclear facility that harms the
interests of the State, the legitimate rights and interests of organizations
and individuals.
4. A fine ranging from VND
800.000.000 to VND 1.000.000.000 shall be imposed for failing to implement
preventive measures as prescribed, resulting in a nuclear accident at the
research reactor but not serious to an extent of being liable to criminal
prosecution.
5. A fine ranging from VND
1.000.000.000 to VND 2.000.000.000 shall be imposed for failing to implement
preventive measures as prescribed, resulting in a nuclear accident at the
nuclear power plant but not serious to an extent of being liable to criminal
prosecution.
6. Remedial measures:
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b) Enforced search and
recovery of nuclear materials for safe and secure management for acts specified
in Clauses 4 and 5 of this Article if such acts result in the spillage or loss
of nuclear materials;
c) Enforced
decontamination of radioactively contaminated areas to meet national
environmental technical standards for the acts specified in Point g of Clause
1, Clause 4, and Clause 5 of this Article if such acts cause radioactive
contamination exceeding the prescribed level;
d) Enforced environmental
radiation monitoring in the affected area and report on monitoring results to
the competent state authority for acts stipulated in point g of clause 1,
clause 4, and clause 5 of this Article;
dd) Enforced organization
of health check-ups for workers and residents in the area affected by the
incident for acts specified in point g of clause 1, clause 4, and clause 5 of
this Article;
Article
38. Violations of regulations on financial assurance in compensation for
nuclear damage
A fine ranging from VND
200.000.000 to VND 500.000.000 shall be imposed for one of the following acts:
1. Failing to purchase
insurance or provide other required forms of financial assurance to fulfill
nuclear damage compensation obligations.
2. Failing to maintain
insurance or other required forms of financial assurance to fulfill nuclear
damage compensation obligations.
Article
39. Violations against regulations on decommissioning, radiation
decontamination of nuclear power plants and research reactors upon termination
of operation.
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a) Failing to maintain
financial assurance for the termination of operation of the facility;
b) Failing to update and
supplement the termination of operation plan of the facility as required.
2. A fine ranging from VND
80.000.000 to VND 160.000.000 shall be imposed for one of the following acts:
a) Failing to
decommission, decontaminate, or dispose of nuclear fuel, nuclear devices, or
radioactive waste in accordance with the plan approved by the competent state
authority;
b) Failing to decommission,
decontaminate, or dispose of nuclear fuel, nuclear devices, or radioactive
waste in accordance with national technical standards, international standards,
or regulations;
c) Failing to maintain a
quality management system during the phase of termination of operation;
d) Failing to notify the
competent state authority before termination of the operation of the facility.
3. The fine shall be 1,5
times the amount of the fine for the acts specified in Clause 1 and clause 2 of
this Article for nuclear power plants.
4. Remedial measures:
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b) Enforced
decontamination of radioactively contaminated areas to meet national
environmental technical standards for the acts specified in point b of Clause 2
of this Article if such acts cause radioactive contamination exceeding the
prescribed level;
c) Enforced application of
remedial measures against environmental pollution, measures of environmental
recovery for acts specified in point of Clause 2 of this Article if such acts
cause environmental pollution exceeding the prescribed level.
Article
40. Violations against regulations on preparation and storage of nuclear safety
records
1. A fine ranging from VND
60.000.000 to VND 120.000.000 shall be imposed for failing to prepare and store
one of the following documents:
a) Dossiers on nuclear
materials, nuclear devices, changes, repairs, and upgrades to nuclear devices;
b) Dossiers on maintenance
and inspection of nuclear devices;
c) Security assurance
plan, nuclear incident response plan at the grassroots level; safety analysis
report for the construction of nuclear facilities;
d) Dossiers on the
location, design, construction, operation, maintenance, and termination of
operation;
e) Dossiers on the
management of radioactive waste and spent nuclear fuel;
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g) Documents related to
safety control and operational monitoring as prescribed, except cases specified
in points b and l of Clause 3 of Article 34 hereof;
h) Dossiers on inspection,
maintenance, and quality assessment of the security and protection system.
2. A fine ranging from VND
120.000.000 to VND 200.000.000 shall be imposed for one of the following acts,
except for acts specified in clause 1 of this Article:
b) Failing to prepare and
store dossiers on changes in scale and scope of operation throughout the
lifecycle of a nuclear power plant or research reactor, except for the acts
specified in points b, c, and d of this Clause;
b) Failing to prepare and
store dossiers and documents during the investment and construction process;
c) Failing to prepare and
store dossiers and documents during the trial operation and operation process;
d) Failing to prepare and
store dossiers and documents during the termination of operation;
Section
5. VIOLATIONS AGAINST REGULATIONS ON ACTIVITIES SUPPORTING ATOMIC ENERGY
APPLICATIONS, DIGITAL TRANSFORMATION, INSPECTION AND AUDIT ACTIVITIES
Article 41. Violations against
regulations on registration for and certificate of eligibility for provision of
auxiliary services for atomic energy application
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a) Declaring or providing
false information or documents in the application for a registration for
provision of auxiliary services for atomic energy application or a certificate
of eligibility to provide auxiliary services for atomic energy application;
b) Individuals providing
auxiliary services for atomic energy application without a certificate of
eligibility as prescribed.
2. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for one of the following acts:
a) Failing to provide
auxiliary services for atomic energy application in accordance with the content
or scope specified in the issued registration;
b) Providing auxiliary
services for atomic energy application without a registration as prescribed.
3. Additional penalties:
Suspension of the
registration for provision of auxiliary services for atomic energy application
of providers for 1 to 3 months for act specified in point a of clause 2 of this
Article.
4. Remedial measures:
Enforced recovery of
service results for acts specified in point b of clause 1 and clause 2 of this
Article.
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1. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failing to store or
store incomplete dossiers on auxiliary services for atomic energy application
without a registration as prescribed;
b) Failing to provide or
provide proper personal dosimeters and protective equipment or failing to
organize personal exposure assessments for service personnel as prescribed;
c) Failing to have a
grassroots-level radiation incident response plan as prescribed in the
provision of services for the installation of radioactive sources or for
installation, maintenance, and repair of radiation devices.
2. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for one of the following acts:
a) Failing to implement or
failing to completely implement quality assurance program for auxiliary
services for atomic energy application;
b) Failing to follow the
correct procedures corresponding to the type of service approved by the
Department of Radiation and Nuclear Safety.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for one of the following acts:
a) Providing inaccurate or
substandard service results;
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c) Providing services without
ensuring the physical and technical facilities have been approved when granting
the registration for auxiliary services for atomic energy application.
4. A fine ranging from VND
25.000.000 to VND 45.000.000 shall be imposed for one of the following acts:
b) Providing auxiliary
services for atomic energy application without sufficient personnel as
prescribed.
b) Falsifying or
intentionally distorting the results of auxiliary services for atomic energy
application.
5. Additional penalties:
a) Suspension of the
registration for provision of auxiliary services for atomic energy application
of providers for 1 to 3 months for act specified in points a and b of clause 3
of this Article;
b) Suspension of the
registration for provision of auxiliary services for atomic energy application
of providers for 3 to 6 months for act specified in point b of clause 4 of this
Article.
6. Remedial measures:
Enforced recovery of
service results for acts specified in clause 3 and clause 4 of this Article;
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1. A fine ranging from VND
12.000.000 to VND 24.000.000 shall be imposed for one of the following acts:
a) Failing to report to
the competent state agency the case of service personnel being exposed to
excessive radiation doses as prescribed;
b) Failing to enter
individual occupational exposure data into the national database on
occupational exposure as prescribed;
c) Failing to update information
on radiation safety training activities, refresher training, and individual
exposure measurement of personnel providing auxiliary services for atomic
energy application;
d) Failing to update the
list of instructors and the number of trainees per course, the list of trainees
who have been granted certificates, the type of radiation safety training
certificate, and the professional training certificate for those providing
auxiliary services for atomic energy application as prescribed.
2. Remedial measures:
Enforced input of
occupational exposure dose data, updating information on training activities,
list of instructors, trainees, number of trainees, and type of training
certificate as prescribed for the acts specified in points b, c, and d of
Clause 1 of this Article.
Article
44. Violations against regulations on data management on the Digital platform
for radiation safety, nuclear safety and nuclear security, atomic energy
development, and application
1. A fine ranging from VND
15.000.000 to VND 35.000.000 shall be imposed for one of the following acts:
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b) Failing to update,
provide, or providing incomplete or inaccurate information and data in reports
on the export, import, and transport of radioactive materials, reports and
notifications on auxiliary services for atomic energy application, and other
specialized reports in the field of atomic energy on the Digital Platform as
prescribed, except for acts subject to penalties under Articles 8, 9, 16, 17,
21, 22, 23, 29, 33, 34, and 43 of this Decree.
2. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for failing to report or exchange
environmental radiation monitoring data, or for failing to report or exchange
environmental radiation monitoring data in a timely, complete, or accurate
manner on the Digital Platform as prescribed, except for the acts specified in
Articles 24 and 36 of this Decree.
3. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for illegally accessing,
extracting, or using data on the Digital Platform.
4. Additional penalties:
Confiscation of the
exhibits and/or instrumentalities used for committing the violation for acts
specified in clause 3 of this Article.
5. Remedial measures:
Enforced provision and updating
of complete and accurate information and data prescribed for acts specified in
Clause 1 of this Article.
Article
45. Violations against regulations on nuclear inspection
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to provide information
and documents or providing incomplete or not on time information and documents
related to the content of inspection at the request of a competent state
authority, except for the cases specified in Clauses 3 and 4 of this Article.
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a) Failing to appoint
people or appointing people who are not competent to work with the inspection
team;
b) Failing to implement or
implement incomplete or not on time the contents stated in the conclusion on
inspection of handling decision regarding inspection and examination of the
competent person;
c) Failing to arrange
relevant people, vehicles, and devices or intentionally delay in implementing the
requests of the inspection team when conducting on-site inspection and
verification;
d) Arbitrarily breaking
the seal, changing the location or sealed traces of radioactive sources or
radiation devices, when the radioactive source or radiation device is
temporarily detained or sealed by the inspection agency.
3. A fine of VND
20.000.000 to VND 30.000.000 shall be imposed for the act of failing to provide
false documents, information about radioactive sources, radiation devices,
nuclear materials, nuclear devices, or other information about radiation or
nuclear safety to the inspection team or competent state authority.
4. A fine ranging from VND
30.000.000 to VND 60.000.000 shall be imposed for failing to provide documents
or providing incomplete or not on time documents related to the content of
inspection at the request of competent state authorities during safety
inspections and audits of the installation, trial operation, acceptance
testing, construction, and changes in the scale and scope of operation of
nuclear facilities.
5. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for obstructing international
inspectors from conducting nuclear inspections at facilities as prescribed by
law and international treaties to which the Socialist Republic of Vietnam is a
signatory.
Chapter
III
AUTHORITY
TO IMPOSE PENALTIES
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1. Inspectors from the
Radiation and Nuclear Safety Inspectorate, the Ministry of Public Security
Inspectorate, and the Ministry of National Defense Inspectorate, while on duty,
shall have the right to impose the following penalties:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 200.000.000 used
to commit administrative violations;
2. The Chief Inspector of
Radiation and Nuclear Safety shall have the right to impose the following
penalties:
a) Warning;
b) Fines of up to VND
800.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
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3. The Chief Inspector of
the Ministry of Public Security and the Chief Inspector of the Ministry of
National Defense shall have the right to impose the following penalties:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
Article
47. Authority of the Head of the state regulatory authorities in atomic energy
and other title holders
1. The Director of the
Department of Science and Technology shall have the right to impose the
following penalties:
a) Warning;
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c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
2. The Director of the
Department of Radiation and Nuclear Safety shall have the right to impose the
following penalties:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
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Article
48. Authority to impose penalties of Presidents of People's Committees
1. Presidents of People's
Committees of communes, wards, or special zones shall have the right to impose
the following penalties:
a) Warning;
b) Fines of up to VND
500.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
2. Presidents of People's
Committees of provinces/cities shall have the right to impose the following
penalties:
a) Warning;
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c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
Article
49. Authority to impose penalties of People’s Police
1. Police officers on duty
have the power to impose:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 200.000.000 used
to commit administrative violations;
2. Heads of mobile police
units at company level have the power to impose the following penalties:
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b) Fines of up to VND
200.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 400.000.000 used
to commit administrative violations;
d) Application of remedial
measures prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law
on Penalties for Administrative Violations.
3. Heads of police
stations, heads of mobile police units at battalion level heads of water police
units, heads of stations; leaders have the right to impose the following
penalties:
a) Warning;
b) Fines of up to VND
300.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 600.000.000 used
to commit administrative violations;
dd) Application of
remedial measures prescribed in Points a, c, and e of Clause 1 of Article 28 of
the Law on Penalties for Administrative Violations.
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a) Warning;
b) Fines of up to VND
500.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
5. Head of International
Airport Police Office, Heads of professional divisions affiliated to Bureau of
Homeland Security, including: Head of Anti-Reactionary Division, Head of
Anti-Terrorism Division; Heads of professional divisions affiliated to Bureau
of Economic Security, including: Head of Department of Science, Technology and
Resource and Environmental Security; Heads of professional divisions affiliated
to Police Bureau of Administrative Management of Social Order; Heads of
professional divisions affiliated to Police Bureau of Fire Prevention and
Rescue; Heads of professional divisions affiliated to Bureau of Cybersecurity
and Hi-Tech Crime Prevention; Heads of professional divisions affiliated to
Bureau of Immigration; Head of Regiment-level Mobile Police Unit; Heads of
professional divisions affiliated to Bureau of Traffic Police, including: Head
of Guidance Division for Dissemination of Information, Investigation and
Handling of Traffic Accidents, Head of Division of Guidance on Registration and
Inspection of Vehicles, Head of Division of Guidance, Training, Testing and
Management of Driver Licenses issued to Vehicle Operators, Head of Division of
Guidance on Patrol and Control of Road and Railway Traffic, Head of Division of
Guidance on Traffic Control and Escort , Head of Division of Patrol, Control
and Prevention and Combat of Crimes on Inland Waterways, Captain of Squadron;
Heads of provincial Police authorities, including: Head of Police Division for
Administrative Management of Social Order, Head of Police Divisions for
Investigation into Social Order Crimes, Head of Police Division for
Investigation into Corruption, Economic, Smuggling and Environment Crimes, Head
of Police Division for Fire Prevention, Fire Fighting and Rescue, Head of
Mobile Police Division, Head of Division of Cybersecurity and High-Tech Crime
Prevention and Control, Head of Economic Security Division of the provincial
Police Authority have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
800.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
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dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
6. The Head of Immigration
Division affiliated to the provincial police authority has the jurisdiction to
impose any penalty specified in clause 5 of this Article and decide to impose the
deportation penalty.
7. Directors of the
provincial police authorities have the power to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of practicing
licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Deportation;
e) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
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a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
9. Director of Bureau of
Immigration has the authority to impose any penalty specified in clause 8 of
this Article and decide to impose the deportation penalty.
Article
50. Authority to impose penalties of Customs authorities
1. Customs officials on
duty have the power to:
a) Warning;
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c) Confiscation of exhibits
and/or instrumentalities with value not exceeding VND 100.000.000 used to
commit administrative violations.
2. Head of
border/out-of-border checkpoint customs office; Head of the Customs Procedure
inspection and Post-customs clearance inspection team, Head of Customs
Clearance Team, Head of Customs Control Team under the Regional Customs
Sub-Department; Head of the Anti-Smuggling Control Team under the
Anti-Smuggling Investigation Sub-Department, the Head of the Regional
Post-Clearance Inspection Team under the Post-Clearance Inspection
Sub-Department have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
300.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 600.000.000 used
to commit administrative violations;
d) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
3. Heads of the
Anti-Smuggling Investigation Sub-Departments, Heads of Regional Customs
Sub-Departments, and Heads of the Post-Clearance Inspection Sub-Departments
shall have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
500.000.000;
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d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
4. Director of Customs
Department has the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
Article
51. Authority to impose penalties of Coast Guard force
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a) Warning;
b) Fines of up to VND
50.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 100.000.000 used
to commit administrative violations.
2. Coastguard Team Leaders
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 200.000.000 used
to commit administrative violations;
3. Coastguard squad
leaders or captains of coastguard station have the power to impose the
following forms of penalty:
a) Warning;
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c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 400.000.000 used
to commit administrative violations;
d) Application of remedial
measures prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law
on Penalties for Administrative Violations.
4. Commanders of
Coastguard Platoon have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
300.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 600.000.000 used
to commit administrative violations;
d) Application of remedial
measures prescribed in Points a, c, e and i of Clause 1 of Article 28 of the
Law on Penalties for Administrative Violations.
5. Captain of Naval
Coastguard Squadron; Head of Reconnaissance Commission; Head of Task Force
Commission for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam have the power to impose the following forms
of penalty:
a) Warning;
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c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Application of
remedial measures prescribed in Points a, c, and e of Clause 1 of Article 28 of
the Law on Penalties for Administrative Violations.
6. Regional Command of
Coast Guard or Director of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam have the power to impose
the following forms of penalty:
a) Warning;
b) Fines of up to VND
800.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
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a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
Article
52. Authority to impose penalties of Border Guard
1. On-duty Border Guard
officers have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND
50.000.000;
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2. Head of Border Guard
station or leader of the officers mentioned in clause 1 of this Article have
the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 200.000.000 used
to commit administrative violations;
d) Application of remedial
measures prescribed in Points a, c, and e of Clause 1 of Article 28 of the Law
on Penalties for Administrative Violations.
3. Team leader of Crime
and Drug Prevention and Control Task Force affiliated to Crime and Drug
Prevention and Control Brigade have the power to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND
150.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 300.000.000 used
to commit administrative violations;
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4. Head of Border Guard
Post, Commander of Border-Guard Flotilla or Commander of Port Border Guard have
the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
300.000.000;
c) Confiscation of
exhibits and/or instrumentalities with value not exceeding VND 600.000.000 used
to commit administrative violations;
d) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
5. Commander of Crime and
Drug Prevention and Control Brigade affiliated to Crime and Drug Prevention and
Control Department under Border Guard High Command have the power to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND
500.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
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dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
6. Chief Commander of
Border Guard Command; Captain of Naval Border Guard Squadron, or Director of
the Department of Drug and Crime Prevention and Control affiliated to Border
Guard High Command have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
1.000.000.000;
c) Suspension of
practicing licenses/certificates in atomic energy or operation;
d) Confiscation of
exhibits and/or instrumentalities used to commit administrative violations;
dd) Remedial measures as
prescribed in Clause 3 of Article 3 hereof.
Article
53. Distinction of powers to impose penalties for administrative violations
1. Individuals competent
to impose penalties of the Radiation and Nuclear Safety Inspectorate,
Inspectorate of the Ministry of Public Security, Inspectorate of the Ministry
of National Defense shall have the power to impose penalties for administrative
violations specified in Articles 46 hereof within their assigned functions,
duties, and powers, except in cases where the foreigner commits a violation
specified in Clause 6 of Article 28 hereof.
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3. Presidents of People's
Committees at all levels shall have the power to impose penalties for
administrative violations specified in Chapter II hereof within their
jurisdiction specified in Article 48 hereof and assigned functions, duties, and
powers, except in cases where the foreigner commits a violation specified in
Clause 6 of Article 28 hereof.
4. Individuals competent
to impose penalties of Police authorities shall have the power to impose
penalties and apply remedial measures for administrative violations specified
in Chapter II hereof within their jurisdiction prescribed in Article 49 hereof
and functions, duties, and powers
5. Individuals competent to
impose penalties of Customs authorities shall have the power to impose
penalties for administrative violations specified in Points c and d of Clause
1, Clause 7, Point c of Clause 15, Points a and b of Clause 17, Points a and b
of Clause 18 of Article 6; Clause 2 of Article 9, Article 17, and Article 18
hereof within their jurisdiction prescribed in Article 50 hereof and their
assigned functions, duties, and powers.
6. Individuals competent
to impose penalties of Coast Guard forces shall have the power to impose
penalties for administrative violations specified in Clause 7, Point c of
Clause 15, Points a and b of Clause 18 of Article 6; Article 17, and Article 18
hereof within their jurisdiction prescribed in Article 51 hereof and their
assigned functions, duties, and powers.
7. Individuals competent
to impose penalties of Border Guard forces shall have the power to impose
penalties for administrative violations specified in Articles 6, 17, 18, 27,
28, and 45 hereof within their jurisdiction prescribed in Article 52 hereof and
their assigned functions, duties, and powers.
Article
54. Authority to prepare records of administrative violations
Persons with authority to
prepare records of administrative violations include:
1. Titles specified in
Articles 46 to 52 hereof shall have the authority to prepare administrative
violation records for violations distinguished in Article 53 hereof;
2. On-duty members of the
People's Army, the People's Public Security Force, and on-duty civil servants in
the agencies specified in Articles 46 to 52 of this Decree shall have the
authority to prepare administrative violation records for violations within the
scope of their assigned functions, duties, and powers;
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4. For acts showing signs
of administrative violations that are not under the authority to make a record
of administrative violations or are not under the managed field or area, the
competent person performing the duties and tasks stipulated in Clauses 1, 2,
and 3 of this Article shall record the case and immediately forward it to the
competent authority.
Chapter
IV
IMPLEMENTATION
CLAUSES
Article
55. Effect
1. The Decree comes into
force from May 01, 2026.
2. In case the legislative
documents cited in this Decree are amended or replaced, the newer document
shall apply.
3. Regulations in Article
4 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government,
amending Decrees on penalties for administrative violations against regulations
on industrial property; standards, measurement and quality of products and
goods; scientific and technological activities, technology transfer; and atomic
energy, are hereby annulled.
4. Decree No.
107/2013/ND-CP dated September 20, 2013 of Government, on penalties for
administrative violations against regulations on atomic energy, shall cease to
be effective from the date this Decree comes into force.
Article
56. Transitional provisions
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2. If the violators have
complaints on administrative penalty decisions that are issued or fully
executed before this Decree comes into force, the regulations in the Law on
Penalties for Administrative Violations, the following legislative documents
shall be applied:
a) The Law on Penalties
for Administrative Violations No. 2012, amended by Law No. 67/2020/QH14 and Law
No. 88/2025/QH15
b) Decree No.
118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and
measure for implementation of the Law on Handling of Administrative Violations,
amended by Decree No. 68/2025/ND-CP dated March 18, 2025 and Decree No.
190/2025/ND-CP dated July 1, 2025;
c) Decree No.
189/2025/ND-CP dated July 1, 2025 of the Government on elaboration of Law on
Penalties for Administrative Violations regarding authority to impose penalties
for administrative violations.
d) Decree No.
107/2013/ND-CP dated September 20, 2013 of Government, on penalties for
administrative violations against regulations on atomic energy.
dd) Regulations in Article
4 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government,
amending Decrees on penalties for administrative violations against regulations
on industrial property; standards, measurement and quality of products and
goods; scientific and technological activities, technology transfer; and atomic
energy.
Article
57. Implementation responsibilities
1. The Minister of Science
and Technology is responsible for providing guidance and organizing the
implementation of this Decree.
2. Ministers; Heads of
ministerial authorities; Heads of governmental authorities; Presidents of
People's Committees of provinces/centrally affiliated cities, and relevant
agencies, units, organizations, and individuals are responsible for
implementing this Decree.
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ON THE
BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Chi Dung
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