Thông tư 23/2010/TT-BKHCN

CIRCULAR

GUIDING SECURITY ASSURANCE FOR RADIOACTIVE SOURCE

Pursuant to the Atomic Energy Law of June 3, 2008

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

The Minister of Science and Technology makes guidance for the security assurance of radioactive sources as follows:

Chapter 1.

GENERAL REGULATION

Article 1. Scope of adjustment and subject of application

1. This Circular shall guide the security assurance of sealed radioactive sources and Pu-239 used as a radiation source with the activity higher than the level of declaration and licensing exemption under the National Technical Regulations QCVN 5 : 2010/BKHCN BKHCN on radiation safety -  Declaration and licensing exemption issued together with Circular No. 15/2010/TT-BKHCN of September 14, 2010 of the Ministry of Science and Technology.

2. This Circular applies to Vietnamese organizations and individuals, foreign organizations and individuals and overseas Vietnamese who settled abroad operating in the territory of Vietnam in relation to radioactive source specified in Clause 1 of this Article.

Article 2. Explanation of terms

In this Circular, the terms below are construed as follows

1. Security assurance of radioactive source is the application of measures to prevent illegal access, stealing, appropriation, destruction and authorized transfer of radioactive source; information security relating to the security of radioactive source.

2. Sealed radioactive source (hereinafter referred to as the radiation source) is radioactive substance covered by a shell with a special structure or manufactured as a solid block to ensure no radioactive material releases into the environment under normal conditions and in the case of foreseen incidents.

3. Security Lock is the type designed with high reliability to meet the requirements of the security assurance of radioactive source.

4. Security control area is controlled areas to prevent people without duties from entering this area to ensure the security of radioactive source by the application of technical measures such as: using security lock, intrusion detector and alarm, image observation device and other administrative control measures.

5. Tally is the verification and certification of the existence of radioactive source at the source with the naked eye or by using the appropriate radiation meter or by other indirect testing measures to surely confirm the existence of radioactive source and this control measure must be approved by the state management agencies when assessment for licensing to carry out radiation work.

Article 3. Principle of security assurance of radiation source.

1. The heads of organizations and individuals licensed to carry out radiation work shall the highest responsibility for ensuring the security of radioactive source.

2. Requirements to ensure the security of radioactive source must conform to dangerous levels of radioactive source.

Article 4. Levels of radioactive source

1. Based on the dangerous levels of the radiation sources and the potential risks that may happen to people and environment, security assurance requirements are divided into four security levels A, B, C and Article in which the level A is corresponding to the group of radioactive source with the highest dangerous level and potential risk, level D corresponding to the group of radioactive source with the lowest dangerous level and potential risk.

2. The security levels A, B, C and D corresponding to the groups of radioactive source grouped under the provisions of the national mining regulation on the grouping of radioactive source as follows:

a) Security level A is applicable to radioactive source of group 1.

b) Security level B is applicable to radioactive source of group 2.

c) Security level C is applicable to radioactive source of group 3.

d) Security level D is applicable to radioactive source of group 4 and 5.

Chapter 2.

RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS UPON USE, STORAGE AND TRANSPORTATION OF RADIOACTIVE SOURCE

Article 5. Responsibility of organizations and individuals using radioactive sources of security level A.

1. Setting up the security control area;

2. Installing equipment for detection, alarm of the unauthorized access to security control area and room of radioactive source. In this room, the detection and alarm device must be installed at the entrance and exit and inside the room;

3. Placing the image observation, recording and saving device to ensure the observation both inside and outside of the room of radioactive source and the whole area of security control to continuously monitor the radioactive source or devices containing radioactive source;

4. Fitting locks for the doors at entrance and exit of security control area; fitting security locks for the doors of room of radioactive source;

5. Tallying the radioactive source everyday; preparing dossier of tally and specifying the person who does the tally, the time and result of tally;

6. Formulating and implementing the regulation on transfer of radioactive source within the facility, ensuring the transfer must permit in writing the head of the facility or the authorized person and must have record of delivery; building and implementing regulation on maintenance of security devices;

7. Organizing security force to monitor the observation, detection and alarm device in the area of security control and organizing response forces to promptly prevent acts of unauthorized access, removal, sabotage of radioactive source;

8. Checking resume of the employees joining security forces and working in areas where radioactive source is located;

9. Equipping security force with the means of communication to ensure timely supply of information to the response force upon the incident of loss of security of radioactive source;

10. Formulating and implementing the following processes:

a) The process to implement measures of security assurance of radioactive source during and out of working hours;

b) Operation process of the security force;

c) Process of response to the loss of security of radioactive source;

d) The process of information security on: radioactive source; devices containing radioactive source; plan of moving radioactive source and security assurance; person having the right and time of access to reach the security control area; assignment and arrangement of security forces; PIN and secret code of door lock, key box and security device;

e) Process that controls people going in and out of the security control area in order to detect and promptly prevent unauthorized entry;

g) Process of lock and key management

11. Defining responsibilities and powers of each unit and individuals related to the security assurance of radioactive source; training the security assurance of radioactive source to the individuals concerned;

12. Upon the occurrence of the events of unauthorized access to radioactive source or action intended to steal, destroy the radioactive source, the response measures must be applied in a timely manner, investigate causes and apply remedies. Within 05 working days from the date of the incident, a report shall be sent to the Vietnam Agency for Radiation and Nuclear Safety, Service of Science and Technology of the locality where the incident has occurred and clarify causes and course of events, the response measures have been applied, the consequences of measures outlined to avoid similar incidents in the future.

Article 6. Responsibilities of organizations and individuals storing radioactive source of security level A.

1. Implementing the requirements specified in Article 5 of this Circular;

2. Using separate warehouse for storage of radioactive source;

3. Storing radioactive source in the device containing radioactive source, or jar with lock and applying measures to restrict the removal of the radioactive source;

4. Preparing warehouse book to control the entry and exit of radioactive source from the warehouse.

Article 7. Responsibilities of organizations and individuals using and storing radioactive source of security level B.

1. In case of fixed radioactive source and the radiation source used in high-dose brachytherapy:

a) Implementing the requirements specified in Clauses 1, 4, 6, 8, 9, 11, 12 and Points a, c, d, e, f, Clause 10, Article 5 of this Circular;

b) Organizing security force to monitor unauthorized access to the security control areas and organizing the response force to promptly prevent acts of unauthorized access, removal and destruction of radioactive source;

c) Weekly tallying the radioactive source and preparing dossier of tally and specifying the person who does the tally, the time and result of tally;

2. In case of use of mobile radioactive source:

a) Setting up barriers and arranging people to continuously monitor the area where the work is being conducted;

b) Arranging storage of radioactive sources at the site during the time of no use, fitting security locks at the points from which the place of radioactive source can be accessible; formulating and implementing the process of lock and key management; arranging security employees;

c) Organizing response forces to promptly prevent acts of unauthorized access, removal, destruction of radioactive source when it is used as well as stored at the site;

d) Performing the resume check for employees using radioactive source and security guards;

e) Equipping employees using radioactive source and security guards with the means of communication to ensure timely information supply to the response forces upon the incident of loss of security of radioactive source;

g) Taking date-book using radioactive source, including information on the purpose of use, place of use, the user and time of use of radioactive source;

h) Formulating and implementing regulation on transfer of radioactive source between divisions in the unit, ensuring the transfer must have the written permission of the head of the facility or authorized persons and must have a record of delivery; the process information about the security of radioactive sources and devices containing radioactive sources; plans to move the radiation source, the security plan;

i) Assigning employees to take responsibility for ensuring the security of radioactive source used at the site.

i) Tallying radioactive source after each working shift and weekly; preparing dossier of tally and specifying the person who does the tally, the time and result of tally;

k) Upon the occurrence of the events of unauthorized access to radioactive source or action intended to steal, destroy the radioactive source, the response measures must be applied in a timely manner, investigate causes and apply remedies. Within 05 working days from the date of the incident, a report shall be sent to the Vietnam Agency for Radiation and Nuclear Safety, Service of Science and Technology of the locality where the incident has occurred and clarify causes and course of events, the response measures have been applied, the consequences of measures outlined to avoid similar incidents in the future.

Article 8. Responsibilities of organizations and individuals using and storing radioactive source of security level B.

1. Implementing the requirements specified in Clause 6, 8, 9, 11, 12 and Points a, c, d, e, g, Clause 10, Article 5, Clause 2, 3 and 4, Article 6, Point c, Clause 1, Article 7 of this Circular.

2. Fitting security lock for the doors to the storage of radioactive source; formulating and implementing process of lock and key management.

3. Organizing security force to monitor unauthorized access to the storage area of radioactive source and organizing the response force to promptly prevent acts of unauthorized access, removal, destruction of radioactive source.

Article 9. Responsibilities of organizations and individuals using and storing radioactive source of security level C.

1. In case of radioactive source installed for fixed use:

a) Setting up the security control area around the place of radioactive source and setting up roadblocks;

b) Making metal cage with lock for the protection of the container of radioactive source;

c) Monthly tallying the radioactive source; preparing dossier of tally and specifying the person who does the tally, the time and result of tally;

d) Formulating and implementing the control process of entry and exit in the area of security control.

e) Implementing the provisions of Clause 6, 12 and Point c, Clause 10, Article 5 of this Circular.

2. In case of use of mobile radioactive source:

a) Implementing the requirements specified in Clause 2, Article 7 of this Circular;

b) Tallying radioactive source after each working shift and monthly; preparing dossier of tally and specifying the person who does the tally, the time and result of tally;

3. In case of storing radioactive source:

Implementing the requirements specified in Clause 6, 8, 9, 11, 12 and Point d, Clause 10, Article 5, Clause 2 and 3 and r of Article 6, Clause 2 and 3 of Article 8 and c, Clause 1, Article 9 of this Circular.

Article 10. Responsibilities of organizations and individuals using and storing radioactive source of security level D.

Annually tallying radioactive source; preparing dossier of tally and specifying the person who does the tally, the time and result of tally;

Article 11. Responsibilities of organizations and individuals in the transportation of radioactive source of security levels A and B by road

1. The sending party of radioactive source shall:

a) Coordinate with the transportating party to pack the radioactive packages and use means of transport as prescribed by law on the safe transport of radioactive substance;

b) Coordinate with the transporting party in choosing appropriate route of transport to ensure less traffic congestion, less traffic safety risk, avoiding areas with the problem in terms of security, ensuring the minimum time of transport, specifying the places of stopping on route of transport; making backup plan for route of transport in case the main route of transport cannot be used;

c) Keep information confidential related to the route of transport, time of transport, delivery place, employees directly involved in transport, package contents, measures to ensure the security of radioactive source to be applied;

d) Agree upon transport plan, time and place of delivery of radioactive sources with the transporting party and the receiving party;

e) Organize the publication of requirements of security assurance, responsibility and process of response for all members involved in the transport.

2. The transporting party shall

a) Apply security measures as instructed;

b) Meet the requirements prescribed by law for the safe transport of radioactive substance and use the bucket to contain packages with lock and seal; apply measures to fix packages with the means of transport.

c) Ensure all eployees involved in the transport of radioactive source have reliable personal identification and understand tasks and plan of transportation and procedures involved in the transport process; appoint in transporting group a person responsible for monitoring package during the transport;

d) Ensure the timely conditions of information and communication between transporting participants with the transport organization, the police agency and other supporting agencies in emergencies;

e) In case of transport of radioactive source of security level A, there must be the police forces accompanying the consignment to get priority when moving on road and ready to respond to the case of insecurity for the transported consignment.

g) Keep information confidential related to the transportation plan;

h) Check and confirm the time of delivery, place of delivery of packages to the receiving party before the start of transportation plan;

i) Before starting the transportation, check the contacts in case of emergency to make sure the phone numbers are still in touch and persons  to be contacted may be willing to assist when requested;

k) Before starting the transport, check the integrity of the packages, security measures applied, safe conditions of means of transport;

l) Check information about the route before starting transportation to confirm the transporation route has no issues about traffic congestion or other problems;

m) Appoint employees to continuously monitor vehicles and transported packages at the stopping place along transportation route;

n) Give timely assistance upon the incident of loss of security of radioactive source;

o) Check the lock and seal of the packages containing radioactive source before delivery to the receiving party;

p) Upon the occurrence of the events of unauthorized access to radioactive source or action intended to steal, destroy the radioactive source, the response measures must be applied in a timely manner, investigate causes and apply remedies. Within 05 working days from the date of the incident, a report shall be sent to the Vietnam Agency for Radiation and Nuclear Safety, Service of Science and Technology of the locality where the incident has occurred and clarify causes and course of events, the response measures have been applied, the consequences of measures outlined to avoid similar incidents in the future.

3. The receiving party of radioactive source shall:

a) Ensure the responsibility to receive radioactive sources in accordance with the transportation plan notified in advance;

b) Coordinate with the sending and transporting parties to check the accuracy of information about the radioactive sourcel received;

c) Apply measures to ensure the security of radioactive source in accordance with this Circular when receiving.

Article 12. Responsibilities of organizations and individuals in the transportation of radioactive source of security levels C and D by road

1. The sending party of radioactive source is responsible for the implementation of the provisions at Point a, c, d and e, Clause 1, Article 11 of this Circular and develops the process of response upon the loss of insecurity during transportation.

2. The transporting party of radioactive sources is responsible for implementation of the requirements specified in Clause 2, except for Points e and k, Article 11 of this Circular.

3. The receiving party of radiation source shall be responsible for implementing the requirements specified in Clause 3, Article 11 of this Circular.

Article 13. Responsibilities of organizations and individuals in the rail transport of radioactive source.

1. The sending party of radioactive source shall:

a) Pack the radioactive packages to meet the requirements prescribed by law for the safe transport of radioactive susbtance;

b) Keep information confidential related to the route of transport, time of transport, delivery place, employees directly involved in transport, package contents, measures of security to be applied;

c) Agree upon transportation plan, time and place of delivery of packages with the transporting party and receiving party.

d) Organize the publication of requirements of security assurance, responsibility and process of response for all members involved in the transport.

e) Transport radioactive packages to the loading place and transport radioactive packages at the arrival station to the place of delivery for the receiving party.

2. The transporting party of radioactive source shall:

a) Check the packing condition and seal of the radioactive packages before loading.

b) Use carriages with lock for transport and apply measures for fixing the radioactive packages to the carriages;

c) Appoint a person responsible for monitoring the carriages of radioactive packages and ensure this person thoroughly grasps the plan of security assurance or process of response to incidents formulated.

d) Keep information confidential related to the transportation plan;

e) Check and confirm the time of delivery, place of delivery of the packages with the sending party;

g) Having plans for timely support upon the incident of loss of security of radioactive source;

h) Check the locking and sealing of packages containing radioactive sources upon delivery to the consignor;

i) In case of incident of loss of security of radioactive source, within 24 hours, submit a report to the Vietnam Agency for Radiation and Nuclear Safety;

3. The receiving party of radiation source shall be responsible for implementing the requirements specified in Clause 3, Article 11 of this Circular.

Article 14. Responsibilities of organizations and individuals in the transportation of radioactive sources by sea and air.

Organizations and individual transporting radioactive source by sea and by air must comply with the regulations on the safe transport of dangerous goods by sea and air in accordance with Vietnamese laws and provisions of international agreements in which Vietnam as a member.

Chapter 3.

IMPLEMENTATION PROVISION

Article 15. Implementation organization

1. The Vietnam Agency for Radiation and Nuclear Safety shall take responsibility to implement this Circular.

2. Service of Science and Technology of the centrally-affiliated provinces and cities shall guide enterprises, organizations and individuals that have radioactive source in the area to implement this Circular.

Article 16. Effect

1. This Circular takes effect after 45 days from its signing date.

2. Any difficulty arising during the process of implementation shall be reflected to the Ministry of Science and Industry for consideration of modification and supplementation.