Thông tư 22/2014/TT-BKHCN quản lý chất thải phóng xạ và nguồn phóng xạ đã qua sử dụng

CIRCULAR

Providing regulations on the management of radioactive wastes and used radioactive sources

Pursuant to the Law on Atomic Energy dated June 03, 2008;

Pursuant to Government's Decree No. 20/2013/ND-CP dated February 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Directors of the Vietnam Agency for Radiation and Nuclear Safety and Department of Legal Affairs,

The Minister of Science and Technology hereby promulgates the Circular providing regulations on the management of radioactive wastes and used radioactive sources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides principles and requirements for the management of radioactive wastes and used radioactive sources, responsibilities of related organizations and individuals in the management of radioactive wastes and used radioactive sources, except the following contents:

a) Management of spent nuclear fuels;

b) Management of wastes containing naturally occurring radioactive materials (NORM wastes) generated from mining and processing of ores, minerals and petroleum mining;

c) Burial of radioactive wastes and used radioactive sources.

2. This Circular applies to organizations and individuals conducting activities generating radioactive wastes and used radioactive sources and activities related to the management of radioactive wastes and used radioactive sources in Vietnam.

Article 2. Interpretation of terms

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

1. Radioactive waste means a refuse containing a radionuclide or a object contaminated with radionuclides with the higher radioactivity level than the disposal level as prescribed in this Circular which must be disposed of. Radioactive waste does not include the used radioactive sources.

2. Used radioactive source means the sealed radioactive source which is no longer being used by an organization or individual in the licensed radiation or for any other purposes, or is not licensed for use by the Vietnam Agency for Radiation and Nuclear Safety.

3. Radiobiological waste means the biological waste containing or contaminated with the radionuclides with higher radioactivity level than the disposal level. Biological waste includes the biodegradable and biomedical waste.

Biodegradable waste means the waste degradable after a period of time, turning into a stem compound due to microorganisms. This type of waste includes domestic solid waste generated from grass, plants, food, paper, degradable plastic, human and animal waste.

Biomedical waste means the waste capable of rotting or causing disease arising from medical examination and treatment activities at medical facilities, medical laboratories and from morgues. This type of waste includes waste materials and utilities discharged from the mentioned facilities such as medical cotton, bandages, compresses, clothes, gloves, syringe needles, syringes, human and animal tissues.

4. Owner of radioactive waste sources means the organization or individual licensed to carry out radiation jobs whereby the radioactive waste is generated due to the nature of such jobs or a radioactive waste generating incident negligently occurs during problem solving.

5. Used radioactive source owner means the organization or individual creating the used radioactive source from the licensed radioactive activities.

6. Facility storing radioactive wastes means the facility that is licensed by the Vietnam Agency for Radiation and Nuclear Safety to carry out radiation activities for treatment and storage of radioactive wastes, used radioactive sources.

7. Disposal level is the value of the activity concentration of radionuclides, in which the waste contains radionuclides with an activity concentration less than or equal to that value, will be considered not to pose a radiation hazard to humans and the environment and shall be managed as non-radioactive waste.

Article 3. Principles of management of radioactive wastes and used radioactive sources

1. Radioactive wastes must be managed in order to ensure human and environmental safety since they are generated until they are permissibly disposed as non-hazardous wastes or buried or recycled in case of contaminated metal. Used radioactive sources must be managed in order to ensure human and environmental safety until they are returned to foreign manufacturers, suppliers or buried.

2. Radioactive wastes and used radioactive sources must be managed closely to ensure not to harm human and environment, presently and in the future, be ensured that the total radiation affecting the radiation operators and the public shall not exceed the limit value prescribed in the Minister of Science and Technology's Circular No. 19/2012/TT-BKHCN dated November 08, 2012, on occupational radiation protection and public radiation protection.

3. Used radioactive sources must be returned to foreign manufacturers or suppliers in case they have a policy on receiving the used radioactive sources.

4. The management of radioactive wastes in which hazardous non-radioactive properties still exist shall comply with this Circular and other laws related to hazardous waste management.

5. The waste containing radionuclides generated from a radiation activity may be permissibly discharged directly to environment, provided that the radioactivity concentration of such waste must not higher than the disposal level or total activity of the radionuclides in the gas or liquid properties of the waste and not exceed the radioactivity permitted by state management agencies for being discharged to the environment, and the disposal of the mentioned waste must be licensed according to the license for radiation activities.

6. The contaminated objects, which are iron, copper, lead, aluminium (hereafter referred to as contaminated metal), and the products melted directly from such metal may be used in recycling if radionuclide activity concentration of such metal and the surface contamination level of the metal is lower or equal to the recycling-permitting level as prescribed in Appendix IV to this Circular.

7. It is prohibited to add non-radioactive substances to the radioactive wastes in order to reduce the radioactivity concentration of such wastes to meet the standards for disposal or recycling.

Chapter II

REQUIREMENTS FOR MANAGING RADIOACTIVE WASTES AND USED RADIOACTIVE SOURCES

Article 4. Collection of radioactive wastes

1. Solid radioactive wastes must be collected, separated from the non-radioactive wastes and classified according to the semi-disintegration period of radionuclides, radioactivity of the wastes and physio-chemical characteristics of the wastes (combustible wastes, compressible wastes, metal or bio-wastes) according to regulations on radioactive waste classification provided in Appendix I to this Circular so as to support the management. The collection of solid radioactive wastes must follow the following requirements:

a) Solid proactive wastes must be collected and classified separately;

b) When collecting solid radioactive wastes in containers, the containers with lids which can be opened or closed by foot pedals, be lined with bags or plastic bags inside, be appropriately covered to protect radiation workers from radiation exposure, and bear the radiation warning sign on the outside. Radioactive waste bags for different types of radioactive wastes shall have different colors;

c) After collecting, solid radioactive waste boxes, bags must be packed carefully, labeled for identification before being relocated to a temporary storage areas, such a label must have the following information:

- Identification number of the boxes, bags;

- Radionuclides in the waste;

- Waste classification;

- Waste-generating source;

- Other potentially harmful factors (such as chemically, pathogenically, combustibly, explosively);

- Radiation dose rate on the surfaces of boxes, bags and measurement date.

d) Collected solid radioactive wastes must be documented with the following information:

- Quantity of collected solid radioactive waste;

- Identification information of each box, bag which contains radioactive waste;

- Storage date.

2. Liquid radioactive waste (hereafter referred to as radioactive wastewater) must be collected and separated from the non-radioactive wastewater and conducted to storage tanks or containers. The collection of radioactive wastewater must meet the following requirements:

a) In case of collecting wastewater by containers, such containers must be appropriately covered to prevent radiation exposure to the operators and leaking to the environment. A container used to collect radioactive wastewater must be placed in a metal container, with an absorbable substance in between to absorb leaking water. Containers and outer containers must have tight-fitting lids and be fitted with radiation warning signs;

b) The containers for collecting radioactive wastewater must have identification labels according to the regulation applicable to the boxes or bags for collecting solid waste before relocating waste to the temporary storage;

c) Radioactive wastewater reservoirs must be located and designed according to the requirements prescribed in Clause 5 Article 9 of this Circular.

d) Collected radioactive wastewater must be documented and archived with the following information:

- Number of collected radioactive wastewater containers and identification information of each container;

- Volume of collected radioactive wastewater (m3) and collection date;

- Key radionuclides in the wastewater and place where the wastewater is generated.

3. After collecting, radioactive waste must be stored, treated, conditioned, discharged into the environment or relocated according to Articles 5, 6, 7, 8 and 9 of this Circular.

Article 5. Discharge of wastes to the environment

1. Gaseous waste containing radionuclides arising from facilities using radioactive substances in medical, industrial and research fields is filtered and controlled to ensure the amount of radionuclides in the gas discharged into the environment during normal operation not exceed the allowable level specified in Table 1, Appendix III of this Circular. The discharge of the gaseous waste to the environment from such facilities must be permitted according to the license for conducting radiation activities.

2. Gaseous waste containing radionuclides arising from nuclear power plants, research nuclear reactors shall be treated to eliminate radioactive constituents to ensure that the dose of public radiation exposure due to the discharge of gaseous waste and wastewater to the environment from every facility does not exceed 100 µSv/year. Gaseous waste to the environment from such facilities must be permitted according to the license for conducting radiation activities, and the volume of the gas discharged to the environment, the radioactivity in waste gas must be measured, inspected and documented.

3. Solid radioactive waste, which is categorized as the low-level and very-short-lifespan waste, shall be stored at the facilities and left disintegrating until it reaches an activity concentration smaller or equal to the disposal level as prescribed in Appendix II to this Circular and is discharged as unharmful waste.

4. Radioactive wastewater from medical, industrial and research facilities, where radioactive substances are used, shall be stored at such facilities for disintegration or treated to eliminate the radioactive constituents, ensuring that the radionuclides in the wastewater shall not exceed the permissible level provided in Table 2 Appendix III to this Circular.

5. Radioactive wastewater from nuclear power plants, research nuclear reactors shall be treated to eliminate the radioactive constituents, ensuring that the wastewater discharged from each facility to the environment shall be compliant with the regulation on the public radioactivity rate as prescribed in Clause 2 of this Article.

6. The process of discharging solid waste and wastewater containing radionuclides to the environment must be permitted according to the radioactive activity license and every discharge shall be documented with the following information:

a) Form (solid or liquid) and quantity of the waste, wastewater (kg or m3) discharged to the environment;

b) Radionuclide properties of the waste;

c) Discharge process and location;

d) Measurement method and results for checking the radioactivity of the waste when it is discharged to the environment.

7. Once the disposal of waste containing radionuclides to the environment exceeds the permissible limit, the radioactive waste owner shall investigate the causes and apply remedial measures, and within 5 working days since the day the excessive disposal incident happens, send written reports to the Vietnam Agency for Radiation and Nuclear Safety and the Department of Science and Technology of the locality where radioactive-waste-generating radiation activities take place.

Article 6. Transfer of the radioactive wastes and used radioactive sources

1. The transfer of radioactive waste to the facilities storing radioactive waste must meet the following requirements:

a) Having a radioactive waste transfer contract signed between the transferor and the transferee, clearly stating names, addresses of both parties, information and volume of the radioactive waste, identification number of each package of radioactive waste, organization or individual in charge of managing radioactive waste after the transfer is completed.

b) The transferor shall have to contribute the treatment and storage costs to the facility storing radioactive waste;

c) Complying with the law on application for license for transporting radioactive materials;

d) The delivery of radioactive waste must be recorded in writing (3 copies) according to Form No. 01 in Appendix V to this Circular, bearing signatures of the transferor, transporter and transferee representatives; 01 copy is kept by each party;

dd) The delivery shall be checked and confirmed by relevant parties, ensuring that the radioactive waste is transferred properly in terms of quantity, category and to the right address of the transferee according to the signed contract;

e) Within 5 working days after completing the radioactive waste transfer, the owner of radioactive waste sources shall send copies of the radioactive waste transfer record to the Vietnam Agency for Radiation and Nuclear Safety and the Department of Science and Technology of the locality where radiation activities causing radioactive waste take place.

2. The transfer of contaminated metal to the recycling facilities shall be documented and filed with the following information:

a) Metal type;

b) Transfer volume;

c) Codes of the transfer shipments;

d) Result of the inspection of the contamination of the radioactive waste;

dd) Transfer date and names, addresses of the transferor and the transferee.

3. The transfer of the used radioactive source to the foreign manufacturer or supplier must meet the following requirements:

a) Having a contract signed between the Vietnamese transferor and the foreign transferee, clearly specifying the names, addresses of both parties, information on the name, radioactivity, model and serial number of the radioactive source;

b) Complying with the law on application for permit for transporting or exporting radioactive sources;

c) Within 5 working days after completing the customs procedures for exporting the radioactive source, the used radioactive source owner must send a report on the used radioactive source export made according to Form No. 2 in Appendix V to this Circular, and copies of the documents verifying the actual export of the radioactive source by the customs agency to the Vietnam Agency for Radiation and Nuclear Safety and the Department of Science and Technology of the locality where the radioactive source is used, in case such source is used at a fixed location, or the Department of Science and Technology of the locality where the head office of the used radioactive source owner is located in case the radioactive source is used at different locations.

4. The transfer of the used radioactive source to another organization or individual or a facility storing radioactive waste must meet the following requirements:

a) Having a radioactive source transfer contract, clearly specifying the names, addresses of the transferor and transferee, information on the name, radioactivity, model, serial number of the radioactive source, and the organization or individual in charge of managing the safety and security for the radioactive source after the transfer is completed;

b) In case of transferring the used radioactive source to the facility storing radioactive waste, the transferor must contribute the storage costs to the facility storing radioactive waste;

c) Complying with the law on application for license for transporting radioactive materials;

d) The delivery of used radioactive sources must be recorded in writing (3 copies) according to Form No. 3 in Appendix V to this Circular, bearing signatures of the transferor, transporter and transferee representatives; 01 copy is kept by each party;

dd) The delivery shall be checked and confirmed by relevant parties, ensuring that the radioactive source is transferred properly in terms of quantity, category and to the right address of the transferee according to the signed contract;

e) Within 5 working days after completing the radioactive source transfer, the used radioactive source owner shall send copies of the radioactive source transfer record to the Vietnam Agency for Radiation and Nuclear Safety and the local Department of Science and Technology according to Point c Clause 3 of this Article

Article 7. Treatment of radioactive waste

1. Solid radioactive wastes other than those are categorized as the low-level and very-short-lifespan wastes, shall be treated according to the characteristics before being conditioned and shall be stored as follows:

a) If the solid radioactive waste is determined to be the waste compressible or able to be pressed and meets the following requirements, it shall be compressed or pressed to decrease the volume:

- The waste does not contain any constituent that is likely to cause chemical reactions or damage the waste package when being conditioned;

- Radioactive sources are not found in the waste;

- The constituents that are likely to cause disease transmission have been removed from the waste or sterilized;

- Pressurized containers are not found in the waste;

- The waste is dried before compression, or pressing.

b) If the solid radioactive waste is determined to be a combustible waste and meets the following requirements, it shall be burned:

- Radioactive sources are not found in the waste;

- Pressurized containers are not found in the waste;

- Having the technology which can control the complete combustion of wet materials and waste gas treatment to the level disposable to the environment;

- Having solutions for management of generated radioactive ashes.

2. The Radioactive wastewater containing radionuclides with the semi-disintegration period of 100 days or more shall be treated to separate radionuclides from the wastewater, ensuring that the radioactivity remained in the wastewater after being treated is lower or equal to the environmental disposal level as prescribed in Appendix II to this Circular. The treatment of the radioactive wastewater must ensure that:

a) The treatment method is appropriate with the characteristics of the radioactive wastewater;

b) The secondary waste elements that are created from the radioactive wastewater treatment, shall be treated and conditioned according to the requirements applicable to solid radioactive waste.

3. Radiobiological waste must be sterilized with gas, radiation, and disinfected with chemicals, heated before taking treatment measures as prescribed in Clauses 1 and 2 of this Article.

Article 8. Conditioning of radioactive wastes and used radioactive sources

1. The treated solid radioactive waste must be conditioned to form a conditioned radioactive waste package and the used radioactive source shall be conditioned to form a conditioned used radioactive source lead or stored in the container for transportation, long storage, minimizing the leaking of the radioactive substances to the environment and alleviating human harm. Various radioactive wastes shall be conditioned to form a particularly conditioned package.

2. The radioactive waste shall be conditioned by fixing the treated waste in a material package (such as cementation, bituminization, polymerization, etc.), then placing it in a container and covering it (for example, housed by a drum) to form a conditioned radioactive waste package.

3. The conditioned radioactive waste package must meet the following requirements:

a) The radioactive waste package must ensure that the maximum radiation dose rate close to the surface does not exceed 2 mSv/h (200 mrem/h) and at a point 1 meter from the surface does not exceed 0.1 mSv/h (10 mrem/h); ensure that the surface radioactive contamination averaged over the entire surface area does not exceed 4 Bq/cm2 for low-toxic beta, gamma and alpha emitters and does not exceed 0.4 Bq/cm2 for other alpha emitters;

b) Every conditioned radioactive waste package shall be marked with a radioactivity warning sign, labeled and noted in the information sheet filed in the storage dossier to ensure long-term management and accessibility. Labels on the conditioned radioactive waste packages must have the following information:

- Identification number of the package;

- The package weight;

- Maximum radiation dose rate on the package’s surface and 1 meter from such surface, surface contamination level and measurement date.

Information sheet of the conditioned radioactive waste package filed in the storage dossier must include information indicated on the package’s label and the following additional information:

- Origin of the package’s radioactive waste;

- Form and design details of the radioactive waste package;

- Dimension and volume of the radioactive waste package;

- Radionuclides and radioactivity concentration of the radioactive waste package;

- Quantity of the fissile materials in the radioactive waste package;

- Other potential harms of the radioactive waste package.

4. Used radioactive sources that are radioactively leaked must be conditioned in the same manner applicable to radioactive waste to form the conditioned package of used radioactive sources; used radioactive sources, which remains intact, without radioactive leakage, may be stored in the containers or conditioned in the same manner applicable to radioactive waste depending on the characteristics of such radioactive sources and the choice of the storing facility. The conditioned load of used radioactive source and its container must meet the following requirements:

a) Complying with the requirements applicable conditioned radioactive waste package as prescribed at Point a Clause 3 of this Article;

b) Radioactive source container must be safely locked to prevent the source from being illegitimately taken out of the container, protect the source from mechanical or fire, explosion effects;

c) Every conditioned load of used radioactive source, its container must be marked with radiation warning sign, labeled and noted in the information sheet filed in the storage dossier in order to ensure long-term management and accessibility. Labels on the conditioned loads of used radioactive source and containers must contain the following information:

- Identification number of the conditioned load of used radioactive source, and container;

- Maximum radioactivity dose rate on the load’s surface, 1 meter from the surface and surface contamination of the conditioned load of used radioactive source, container and the measurement date.

Information sheet in the storage dossier of the conditioned load of used radioactive source must include the information indicated on the labels of the load, its container and the following additional information:

- Names, serial numbers, radioactivity of the radioactive sources in the conditioned load of used radioactive source, container;

- Supplier or manufacturer of the radioactive sources;

- Owner of each used radioactive source.

6. Only organizations, individuals licensed for treating radioactive wastes and used radioactive waste sources are entitled to carry out conditioning activities, except the case of conditioning by storing such used source in the containers storing the source.

Article 9. Storage of radioactive wastes and used radioactive sources

1. After being collected to the containers, solid radioactive waste and wastewater must be stored in the temporary storage at the facilities, where the waste is generated, to wait for disintegration before being disposed to the environment or being transported for treatment, conditioning or to the facilities storing radioactive wastes. Radioactive wastewater which is not collected into the container shall be collected and stored in tanks awaiting for treatment or disintegration. Once no longer being used, the radioactive sources shall be stored in the temporary storage until they are transferred to other users, facilities storing radioactive wastes or returned to the foreign manufacturers or suppliers.

2. The temporary storage of radioactive wastes or used radioactive sources shall be arranged and designed to meet the following requirements:

a) The storage area must be large enough to be able to arrange the collected waste containers, boxes, bags in an orderly manner, easy to put in and take out when necessary, and ensure to maintain the subcritical state if in case of storing nuclear material;

b) The storage must be located at unfrequented locations, far from harmful material storage (for example, explosion, combustible objects) and domestic water source, with one entrance, without window and firmly built; its wall surface and floor shall be made in decontaminative materials;

c) The shielding design of the storage must ensure that the surface radiation dose rate outside the doors and walls does not exceed 0.5 µSv/h;

d) The storage must be able to prevent flood, harms from nature (heat, moisture, rain);

dd) The storage door must be equipped with security lock.

3. Conditioned radioactive waste packages, conditioned loads of used radioactive sources and containers storing used radioactive sources must be stored at the facilities licensed for radioactive waste storage.

4. The storage of conditioned radioactive waste packages, conditioned loads of used radioactive sources, containers of used radioactive sources which is located at the facility storing radioactive wastes, shall be arranged and designed to meet the following requirements:

a) Meeting the same requirements applicable temporary storage of radioactive wastes as prescribed in Clause 2 of this Article;

b) Having air ventilation system to handle the radioactive gas and heat radiated from the stored radioactive waste packages;

c) Having a fire and explosion prevention system;

d) Having appropriate equipment to collect leaked radioactive materials;

dd) Having an appropriate loading equipment;

e) Having protection fences, radioactive warning signboards;

g) Arranging appropriate protection system.

5. Radioactive wastewater tank must be designed in the way that ensures the following requirements:

a) Being located at unfrequented locations and far from where effects of nature such as rain, floods can reach;

b) Capacity of the tank must be appropriate with the volume of radioactive wastewater to be collected and estimated storage time;

c) The design must ensure that the radiation dose rates from accessible outer surface of the tank shall not exceed 0.5 µSv/h, no radioactive wastewater leaked to the environment and underground water.

6. The facility storing radioactive wastes must frequently check the safety conditions of its radioactive waste storage or radioactive wastewater tanks. To be specific:

a) Checking the internal and external radiation doses of the storage, surrounding areas of the radioactive wastewater tanks on a quarter basis;

b) Checking the leaking of radionuclides to the environment every 6 months.

Article 10. Facilities storing radioactive wastes

1. A facility storing radioactive wastes must be designed and operated according to the following general requirements:

a) Ensuring that the radiation dose rate and the leakage rate of radioactive substances into the environment are as low as possible; ensuring that the total individual radiation dose for radiation workers does not exceed 3/10 of the dose limit value for radiation workers and the total individual radiation dose for the public does not exceed 3/10 of the value dose limit for the public as specified in the Circular No. 19/2012/TT-BKHCN dated November 08, 2012 of the Minister of Science and Technology, on occupational radiation protection and public radiation protection;

b) Taking measures to prevent any incidents during the operation;

c) Having an operation procedure with the following contents:

- Operation conditions and limits;

- Management system;

- Regulations on internal inspection and examination;

- Regulations on staff training and retraining;

- Plans on ensuring radiation safety and security, supervision of radioactive material disposal to the environment;

- Acceptance standards applicable to radioactive waste packages;

- Programs for incident responses to minimize the damages;

- Requirements on compilation, archiving of radioactive waste management dossiers.

2. The design of a facility storing radioactive wastes must meet the following specific requirements:

a) Arranging a location for treatment and storage of radioactive wastes and used radioactive sources far away from the working area, crowded area, or other harmful material storage areas;

b) Having a temporary storage area for radioactive waste, radioactive waste treatment area, area for radioactive waste conditioning and storage of conditioned waste packages, conditioned loads or used radioactive source containers.

c) The temporary storage of radioactive wastes and used radioactive sources and storage of conditioned waste packages, conditioned loads of used conditioned radioactive sources, containers of used radioactive sources shall be designed in a way that ensure the requirements specified in Article 9 to this Circular;

d) Having adequate technical equipment and qualification for treatment, conditioning of radioactive wastes as prescribed in Articles 7 and 8 to this Circular.

Article 11. Dossiers for management of radioactive wastes and used radioactive sources

1. Dossiers for management of radioactive wastes must be compiled, updated, and kept since the collection of radioactive waste until the disposal, recycling or storage of such waste at the storing facility.

2. Dossiers for management of used radioactive sources must be compiled, updated, and kept since the use suspension time of radioactive waste until the transfer or storage of such waste at the storing facility.

3. Dossiers for management of radioactive wastes and used radioactive sources must fully contain the following information:

a) Statistics on radioactive waste: Information on the collected radioactive waste, disposal of waste to the environment, transfer and receipt of radioactive waste, and stored conditioned waste packages.

b) Statistics on used radioactive wastes: Identification information of the used radioactive source, information on transfer and receipt of used radioactive sources, stored conditioned loads and container;

c) Reports on safety assessment upon preparing dossiers of application for licenses for radiation activities;

d) Design dossiers of radioactive waste tank, storage, treatment system;

dd) Results of inspection, assessment of radiation rate and environmental radiation inspection;

e) Reports on incidents related to management of radioactive wastes and used radioactive sources.

Chapter III

RESPONSIBILITIES FOR MANAGEMENT OF RADIOACTIVE WASTES AND USED RADIOACTIVE SOURCES

Article 12. Responsibilities of owner of radioactive waste sources

1. Taking responsibility for managing and ensuring safety, security of radioactive waste since it exists until disposal as unharmful waste, transfer to the storing facility or recycling facility in case of contaminated metal.

2. Collecting solid radioactive waste and radioactive wastewater under Article 4 of this Circular.

3. Applying filtering and control measures in case of radioactive waste gas according to Clauses 1 and 2 of Article 5 of this Circular before directly discharging to the environment.

4. Applying measures for management of solid radioactive waste and radioactive wastewater after they are collected according to the waste characteristics and category, and specific conditions of the facility. To be specific:

a) Storing solid radioactive waste, categorized as the low-level or very-short-lifespan waste, at the facility for disintegration and disposal as unharmful waste according to Clause 3 of Article 5 of this Circular.

b) If it is solid waste other than specified at Point a of this Clause, carrying out treatment, conditioning and long-term storage at the facility in case the facility is capable for storage or transferring such solid waste to a facility storing radioactive wastes within 3 years after the collection, storage at the temporary storages;

c) Storing radioactive wastewater for disintegration and treatment of such before disposing it to the environment in accordance with Clauses 4 and 5 of Article 5 of this Circular.

5. Having temporary radioactive waste storage as prescribed in Clause 2 of Article 9 of this Circular. In case of self-treatment, conditioning, long term-storage at the facility, the facility must be adequately qualified and capable to store radioactive waste as prescribed in Article 10 of this Circular and licensed by the Vietnam Agency for Radiation and Nuclear Safety for radioactive waste treatment or storage. In case where the radioactive waste is transferred to the storing facility, regulations specified in Clause 01 of Article 6 of this Circular shall be complied with.

6. Preparing and archiving the radioactive waste management dossiers since the waste generation until disposal or transfer to the storing facility, recycling facility in case of contaminated metal as prescribed in Article 11 of this Circular.

7. Complying with the law on radioactive safety assurance, radioactive material safety transportation.

8. In case of bankruptcy, dissolution, operation termination and the owner of the radioactive waste source belongs to those mentioned at Point d Clause 1 Article 34 of the Law on Nuclear Energy, he/she shall be responsibility for

a) Complying with Article 36 of the Law on Nuclear Energy.

b) Fulfilling his/her financial obligations towards the radioactive waste under the court decision or decisions of authorities competent to decide on operation termination.

9. In case of bankruptcy, dissolution, operation termination and the owner of the radioactive waste source is not mentioned in Clause 8 of this Article, he/she shall be responsible for:

a) Notifying the Vietnam Agency for Radiation and Nuclear Safety of the reasons, tentative time of operation termination;

b) Carrying out safety assurance measures for radioactive waste and transfer it to another organization or individual who is qualified, eligible for management as guided by the Vietnam Agency for Radiation and Nuclear Safety.

c) Fulfilling his/her financial obligations towards the radioactive waste under the court decision or decision of authorities competent to decide on operation termination.

Article 13. Responsibilities of the owners of the used radioactive source

1. Choosing and applying one of the following options to manage the used radioactive sources:

a) Transferring to another organization or individual for use if it remains intact, without radioactive leaking;

b) Transferring to the foreign manufacturer or supplier;

c) Transferring to a facility storing radioactive wastes;

d) Storing the source for long term at his/her facility if it is qualified as a facility storing radioactive wastes as prescribed in Article 10 of this Circular and licensed by the Vietnam Agency for Radiation and Nuclear Safety for radiation treatment, radioactive waste storage;

dd) Temporarily storing at his/her facility for a maximum of 3 years until one of the options mentioned at Points a, b, c and d of this Clause is taken;

2. The owner shall inspect, assess radioactive leaking of the radioactive source as soon as it is no longer used, stored temporarily in the storage and before it is transferred to another organization or individual or returned to the foreign manufacturer or supplier.

3. The owner shall manage the used radioactive sources to ensure safety, security from the generation until the time they are returned to the foreign manufacturer or supplier or transferred to another organization or individual for use or transferred to the facility storing radioactive wastes.

4. In case of transferring the used radioactive sources, the requirements specified in Clause 4 Article 6 of this Circular shall be complied with; In case of storing used radioactive sources at the facility, it shall be stored in the storage designed safely as prescribed in Clause 2 Article 9 of this Circular and the facility must be licensed for radiation activities and storage of used radioactive sources according to regulations.

5. Making and archiving dossiers of the used radioactive sources since it is generated until it is transferred to another organization or individual as prescribed in Article 11 of this Circular.

6. Complying with the law on radiation safety, radioactive source security and safe transportation of the radioactive materials.

7. In case of bankruptcy, dissolution, operation termination and the owner of the used radioactive source is mentioned at Points b and c Clause 01 of Article 34 of the Law on Nuclear Energy, he/she shall be responsible for:

a) Complying with Article 36 of the Law on Nuclear Energy;

b) Fulfilling his/her financial obligations related to the used radioactive source under the court decision or decision of authorities competent to decide on operation termination.

8. In case of bankruptcy, dissolution, operation termination and the owner of the used radioactive source is not mentioned in Clause 7 of this Article, he/she shall be responsible for:

a) Notifying the Vietnam Agency for Radiation and Nuclear Safety of the reasons, tentative time of operation termination;

b) Carry outing safety measures for the used radioactive source and transferred it to another organization or individual who is qualified, eligible for management as guided by the Vietnam Agency for Radiation and Nuclear Safety;

c) Fulfilling his/her financial obligations towards the used radioactive source under the court decision or decision of authorities competent to decide on operation termination.

Article 14. Responsibilities of the organizations, individual transporting radioactive wastes and used radioactive sources

1. Fulfilling the responsibilities specified in Clause 2 Article 63 of the Law on Nuclear Energy and Article 35 of the Minister of Science and Technology’s Circular No. 23/2012/TT-BKHCN dated November 23, 2012, providing guidance on safe transportation of radioactive materials.

2. Transferring adequately the radioactive wastes and used radioactive sources to the transferee according to signed contract and signing for verification the delivery record of the radioactive wastes, used radioactive source as prescribed in Article 6 of this Circular.

Article 15. Responsibilities of the owner of a facility storing radioactive wastes

1. Ensuring the requirements applicable to facilities storing radioactive wastes as prescribed in Article 10 of this Circular.

2. Only receiving the radioactive wastes, used radioactive sources if the owner is licensed for radiation activities, storage of radioactive wastes or used radioactive sources.

3. Notifying the Vietnam Agency for Radiation and Nuclear Safety of every receipt of the radioactive waste or used radioactive source according to Form No. 4 provided in Appendix V to this Circular.

4. Making and archiving dossiers of the radioactive wastes, used radioactive sources stored at the facility as prescribed in Article 11 of this Circular.

5. Complying with the law on radiation safety, radioactive source security and safe radioactive material transportation.

6. A facility storing radioactive wastes invested from the state budget must receive, carry out treatment and store unconditionally uncontrolled radioactive sources, radioactive wastes of which the owners cannot be identified and other special cases as requested for state management.

7. In case of bankruptcy, dissolution, operation termination and the facility storing radioactive wastes is mentioned at Point dd Clause 01 Article 34 of the Law on Nuclear Energy, the owner shall be responsible for:

a) Complying with Article 36 of the Law on Nuclear Energy;

b) Fulfilling financial obligations towards the radioactive waste, used radioactive source under the court decision or decision of authorities competent to decide on operation termination.

8. In case of bankruptcy, dissolution, operation termination and the owner of the facility storing radioactive wastes is not prescribed in Clause 7 of this Article, he/she must comply with Clause 9 Article 12 and Clause 8 Article 13 of this Circular.

Article 16. Responsibilities of state management agencies in charge of radiation and nuclear safety

1. The Vietnam Agency for Radiation and Nuclear Safety shall be responsible for:

a) Organizing, supervising the collection of radioactive wastes of which the owners cannot be identified and the uncontrolled ones of which the owners cannot be identified.

b) Guiding the measures for management of radioactive wastes and used radioactive sources to organizations or individuals.

c) Examining the safety and licensing radiation activities that generate radioactive wastes and facilities storing radioactive wastes.

d) Inspecting the conformity with the law on radioactive waste, used radioactive source management nation-wide and handling violations.

2. Departments of Science and Technology of provinces, centrally run cities shall be responsible for:

a) Organizing and cooperating with the Vietnam Agency for Radiation and Nuclear Safety in collecting radioactive wastes, sources with unknown owners found in the respective localities.

b) Guiding measures for management of the radioactive wastes and used radioactive sources to organizations or individuals in the respective localities.

c) Inspecting and cooperating with the Vietnam Agency for Radiation and Nuclear Safety on the conformity with the law on the management of radioactive wastes, used radioactive sources in the respective localities and handling violations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17. Transitional provisions

The organizations or individuals who have already been licensed and are carrying out the activities related to the management of radioactive wastes and used radioactive sources, but fail to meet the requirements specified in this Circular, shall take remedial measures as requested by this Circular within 6 months from the effective date of this Circular for their continuous operations.

Article 18. Effect

1. This Circular takes effect from November 01, 2014.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for amendment and supplementation./.

APPENDIX I

Classification of radioactive wastes
 (Enclosed with the Minister of Science and Technology’s Circular No. 22/2014/TT-BKHCN dated August 25, 2014)

I. Classification by the characteristics of the radionuclides in the wastes

II. Classification by physical, chemical, biological characteristics of the wastes

Based the physical, chemical, biological characteristics, the wastes are classified as follows:

- Solid, liquid or gas wastes;

- Combustible wastes;

- Compressible wastes;

- Biological wastes;

- Metal wastes.

APPENDIX II

Disposal level

(Enclosed with the Minister of Science and Technology’s Circular No. 22/2014/TT-BKHCN dated August 25, 2014)

I. Disposal level applied to artificial radionuclides