Quyết định 115/2007/QD-TTg

DECISION

ON ISSUING REGULATIONS ON ENSURING THE SECURITY OF RADIOACTIVE SOURCES

THE PRIME MINISTER

Based on the Law of the Governmental organisation issued on the 25th December 2001;
Based on the Ordinance on Radiation Safety and Control issued on 25th June 1996;
Considering the proposal from the Minister of Science and Technology,

DECIDES

Article 1. To issue the Regulations on the security of radioactive sources in accompaniment with this Decision.

Article 2. Within 60 days from the day this Decision enters into force, organisations, individuals handling, using, storing, transporting the radioactive sources shall apply all of the measures for ensuring the security as promulgated in this Regulations in accompaniment with this Decision.

Article 3. This Decision enters into force 15 days after having been published in the Public Gazette.

The Minister of Science and Technology shall have the responsibility to organise and provide guidance for the implementation of this Decision.

Article 4. Ministers, Heads of Ministrial-equivalent agencies, Heads of Governmental Offices and Chairpersons of Provincial/ City Peoples Committees shall have the responsibility to implement this Decision./.

REGULATIONS

ON ENSURING THE SECURITY OF RADIOACTIVE SOURCES
(Promulgated in accompaniment with Decision No. .115/2007/QĐ-TTg dated 23rd July 2007 by the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Regulations specify the responsibilities for ensuring the security of sealed radioactive sources with radioactivity greater than the exemption level regulated in related national technical standards.

2. Ensuring security for nuclear material shall be regulated in a separate document due to its own specificity.

Article 2. Subjects of Application

This Regulations applies to Vietnamese organisations and individuals, and foreign organisations and individuals who conduct, on the territory of Vietnam, radiation activities related to radioactive sources specified in Item 1, Article 1 of this Regulations.

Article 3. Definitions

For the purpose of this Regulations:

1. Ensuring security of radioactive sources means the application of measures to prevent unauthorised access, theft, sabotage or unauthorised transfer of, radioactive sources; ensure the confidentiality of information related to the security of radioactive sources.

2. Sealed source (hereinafter for short referred as radioactive source) means radioactive material that is permanently sealed in a capsule or closely bounded by a material having specific structure so as to ensure the leak-tightness of radioactive substance under normal conditions.

3. Security lock means a lock that is designed with high reliability and security to meet requirements for source security.

4. Protected area means the area around the location where the radioactive source is located and is strictly controlled in order to prevent any unauthorised access.

5. Accounting means physically checking that all sources are present in their expected location. This may be satisfied by an appropriate radiation survey or visual counting.

6. Inventorying means a campaign to physically check all sources possessed by specifically and uniquely identifying each individual source using appropriate means such as serial number.

Article 4. Principles of radioactive source security

1. Organisations and individuals authorised to carry out activities related to radioactive sources shall bear the highest level of responsibility for ensuring the security of radioactive source(s).

2. Requirements and measures applied for ensuring security of radioactive sources shall be commensurate with their threat levels.

Article 5. Assignment of radioactive sources to security groups

1. Based on requirements for ensuring the security, 4 Groups of radioactive sources are defined as Security Group A, B, C, and D according to the decrease of hazardous level.

2. Categorisation of radioactive sources according to the requirements for ensuring the security shall be specified by the Ministry of Science and Technology.

Article 6. Requirements for Security Groups

1. Security Group A:

a. Effective deterrence of unauthorised access;

b. Timely detection of and counter to unauthorised access;

c. Daily verification of source presence.

2. Security Group B

a. Effective deterrence of unauthorised access;

b. Timely detection of unauthorised access;

c. Weekly verification of source presence.

3. Security Group C

a. Effective deterrence of unauthorised access;

b. Bi-annually verification of source presence.

c. Security Group D: Application of safety measures on radioactive source(s) and annual verification of source presence and its status.

Chapter II

RESPONSIBLITIES FOR RADIOACTIVE SOURCE SECURITY OF INDIVIDUALS AND ORGANISATIONS WHO USE, STORE OR TRANSPORT RADIOACTIVE SOURCES

Article 7. Responsibilities of individuals, organisations who use Group A Sources

1. To establish security controlled zones and set up and implement access control procedures to detect any unauthorised access.

2. To install detectors, alarms at access points.

3. To install security locks for doors of radioactive source rooms.

4. To establish key control procedures.

5. To install video cameras or personnel surveillance.

6. To establish records related to management of radioactive sources, in which radioactive sources' locations; radioactive isotopes; radioactivity and dates of taking activity measurements; types and series numbers of radioactive sources; signs and photos of radioactive source; logbook of radioactive sources shall be included.

7. To conduct daily counting.

8. To conduct bi-annual inventory of radioactive sources, in May and October each year, and report to their superior agencies and to the respective Departments of Science and Technology. The latters shall then make reports to the Ministry of Science and Technology.

9. To establish and implement rules for information confidentiality regarding radioactive sources.

10. To establish teams to respond to and deter unauthorised access to radioactive sources in a timely manner.

11. To assign trustworthy personnel to patrol radioactive sources and access points to areas where radioactive sources are located.

Article 8. Responsibilities of individuals, organisations who store Group A Sources

1. To implement the measures prescribed as in paragraphs 1, 3, 4, 7, 8, 9, 10 and 11 of Article 7 of this Regulation.

2. To have a special storage for the sources.

3. To protect the source(s) in a containment or shielded container which shall be fixed onto the ground or a wall so as to minimise the possibility of removing the source(s).

Article 9 - Responsibilities of individuals, organisations who transport Group A Sources

1. To use special means of transport, and locked and sealed containers;

2. To assign trustworthy and qualified personnel to escort the transportation of radioactive sources.

3. To ensure rapid/instant communication between the escort, the carrier and the police in case of emergency.

4. To establish emergency response plan during transportation in conformity with requirements for the security of radioactive sources.

Article 10. Responsibilities of organisations, individuals who use Group B Sources

1. For immobile radioactive sources:

a. To implement measures as prescribed in paragraphs 1, 6 and 8 of Article 7 of this Regulation;

b. To establish barriers surrounding the protected area;

c. To protect the container of the radioactive source using a metallic cage;

d. To count radioactive sources once a week;

2. For mobile radioactive sources:

a. To implement measures specified in paragraph of Article 7 of this Regulation;

b. To establish radioactive source management records, including radioactive isotopes; activities and dates of activity measurement; types and series numbers of radioactive sources; identifications and photos of radioactive sources; logbook of radioactive sources;

c. To establish barriers and constant human observation while the source is being used;

d. To count radioactive sources after each working shift and every week;

dd. To establish temporary store for the sources while it is using in the field so as to meet requirements for safety and security.

3. For radioactive sources used for branchytherapy:

a. To implement measures specified in paragraphs 1, 6, 8 of Article 7 and point d of paragraph 2 of Article 10 of this Regulation;

b. Establishing a store for the source when it is not in use.

Article 11. Responsibilities of organisations, individuals who store Group B Sources

1. To implement measures as specified in paragraphs 1, 6, 8 of Article 7 and point 7 of paragraph 1 of Article 10 of this Regulation.

2. To have special store for the source.

3. To have locks at doors.

4. To protect the sources in a containment or shielded container which shall be fixed onto the ground or a wall so as to minimise the possibility of removing of the source.

Article 12. Responsibilities of organisations, individuals who transport Group B Sources

Organisations, individuals who transport Group B sources shall implement security measures as specified in Article 9 of this Regulation.

Article 13. Responsibilities of organisations, individuals who use Group C Sources

1. For using radioactive sources:

a. To implement measures specified in paragraphs 6 and 8 of Article 7 of this Regulation;

b. To use radioactive sources in an area where any access to the sources can be detected;

c. To establish and implement procedures for handling of radioactive sources when they are removed from their location for maintenance.

2. For storing radioactive sources:

a. To implement measures specified in paragraphs 6 and 8 of Article 7 of this Regulation;

b. To store the source in a container that is fixed onto the ground or a wall to minimise the possibility of removal;

c. To stringently control access to area where radioactive sources containers are kept.

3. For transporting radioactive sources, provisions in paragraphs 1, 2 and 4 of Article 9 of this Regulation shall be implemented.

Article 14. Responsibilities of organisations, individuals who use, store, transport Group D Source

1. To implement measures specified in point b of paragraph 2 of Article 10 of this Regulations.

2. To annually make inventory of radioactive sources, in October, and report to the respective Departments of Science and Technology. The latter the shall make reports to the Ministry of Science and Technology.

Article 15. Responsibily of report in case of radioactive source loss

Organisations, individuals who handle, use, store or transport radioactive sources, when discovering loss of control or security of radioactive sources, shall:

1. Immediately report to the near-east police for coordination.

2. Within 24 hours, report to the superior agencies, the respective Department of Science and Technology, and the Ministry of Science and Technology.

Chapter III

RESPONSIBILITIES OF STATE ADMINISTRATIVE BODIES IN ENSURING SECURITY OF RADIOACTIVE SOURCES

Article 16. Responsibilities of ministries, ministerial equivalent bodies

Ministries, ministerial equivalent bodies under which units, organisations involved in the management, utilization, storage and transportation of radioactive sources shall bear resposibilities as follows:

1. To direct their subordinate organisations who possess radioactive sources to comply with this Regulations;

2. To cooperate with the Ministry of Science and Technology in disseminating and providing training on radioactive source security for their subordinate oganisations;

3. To be responsible for the loss of radioactive source security in their subordinate oganisations;

4. To make inventory of radioactive sources using within the ministries, ministerial equivalent bodies and to report the implementation status of radioactive source security to the Ministry of Science and Technology by 30 November each year. The Ministry of Science and Technology then make national reports to the Prime Minister.

Article 17. Responsibilities of the Ministry of Science and Technology

1. To cooperate with relevant Ministries, ministerial equivalent bodies, and local authorities to disseminate, supervise and examine the implementation of this Regulations.

2. To publicise knowledge and provide training on radioactive source security;

3. To stipulate conditions for radioactive source security for licensing;

4. To carry out examination, inspection and to handle violations of radioactive source security.

5. To provide instructions for records of accounting, inventory, and management of radioactive sources, and forms for the periodical reports.

6. To nationwide make inventory of radioactive sources and annual report to Prime Minister on the national status of radioactive source security.

7. To execute provisions prescribed in items 1 and 3 Article 16 of this Regulations.

Article 18. Responsibilities of the Ministry of Public Security

1. To investigate and deal with radioactive source loss cases, unlawful use and trading of radioactive sources.

2. To participate in the execution of emergency response plan in cases of malicious acts against radioactive source security;

3. To cooperate with International Police and other States police in cases involving radioactive source security outside the frontier of Vietnam.

4. To execute provisions prescribed in items 1, 2 and 3 Article 16 of this Regulations.

5. To make inventory of radioactive sources using within the Ministry of Public Security and to annually report the implementation status of radioactive source security to the Prime Minister and to report those that are not classified as confidential to the Ministry of Science and Technology for the national reports.

Article 19. Responsibilities of the Ministry of Defence

1. To assign forces to participating in emergency response to cases involving loss of radioactive source security.

2. To execute provisions prescribed in items 1, 2 and 3 Article 16 of this Regulations.

3. To make inventory of radioactive sources using within the Ministry of Defence and to annually report the implementation status of radioactive source security to the Prime Minister and to report those that are not classified as confidential to the Ministry of Science and Technology for the national reports.

Article 20. Responsibilities of Peoples Committees at all levels

1. Provincial/ City Peoples Committees shall bear the following responsibilities:

a. To direct and allocate budget for their respective Departments of Science and Technology to carry out the following:

- Providing guidance for local organisations and individuals possessing radioactive sources to implement this Regulations;

- Disseminating and providing training to raise awareness of ensuring radioactive source security in their province, city;

- Annually reporting the implementation status of radioactive source security to the Ministry of Science and Technology by 30 November for the national report to Prime Minister.

b. To cooperate with the Ministry of Science and Technology or to exercise their authority in carrying out inspection and handling of violations in their provinces;

c. To direct local police execute provisions prescribed in items 1 and 2 Article 18 of this Regulations;

d. To be responsible for the loss of radioactive source security at facilities within their provinces;

2. Peoples Committees at district and commune levels are responsible for cooperating with revelant bodies in disseminating, encouraging and supervising the implementation of this Regulations at facilities possessing radioactive sources within their administration authority.

Chapter IV

HANDLING VIOLATIONS

Article 21. Acts that violate the requirements for ensuring radioactive source security

1. Organisation and individuals possessing radioactive sources do not apply security measures specified in this Regulations.

2. Organisation and individuals possessing radioactive sources do not immediately report to the nearest police, their superior organisations, the respective Department of Science and Technology, and the Ministry of Science and Technology when discovering loss of radioactive source security.

3. The Regulatory Authority and Governments officers demonstrate the lack of responsibility in implementing this Regulations.

Article 22. Dealing with violations

Organisations and individuals who commit acts of violation against this Regulations shall, depending on the nature and seriousness of the violations and their consequences, be disciplined, administratively sanctioned or examined for penal liability or bear compensation for the damage caused in accordance with the laws.