Packing and transporting radioactive sources, radioactive waste, source nuclear materials, and nuclear materials are conditional business lines, to do business in this field, organizations and individuals must carry out the procedures for granting a license to conduct the corresponding radiation work.

Hong Bang Law would like to consult as follows:

Legal basis

• Law on Atomic Energy 2008;
• Decree No. 142/2020/ND-CP dated December 9, 2020, of the Government, stipulating the conduct of radiation work and service activities to support the application of atomic energy

Conditions

Manpower Condition:

– In case of transportation by road or rail (except for the transport of exempted packages): The driver of the means of transport has a certificate of training in radiation safety or has an escort with this certificate;

– In the case of transporting Group 1, Group 2, and Group 3 radioactive sources according to QCVN 06:2010/BKHCN: A person in charge of incident response must be granted a radiation worker certificate.

Conditions for ensuring safety and security:

– Packages must be packed and labeled according to regulations on safe transportation of radioactive sources, radioactive waste, source nuclear materials, and nuclear materials;

– Having equipment to measure radiation dose rate to monitor safety during transportation;

– Fully meet the requirements on security assurance as prescribed in Appendix I of Decree 142/2020/ND-CP;

– Have a plan to respond to grassroots radiation incidents according to the provisions of Appendix II of Decree 142/2020/ND-CP. In case of transportation of Group 1, Group 2 radioactive sources according to QCVN 6:2010/BKHCN, high-level radioactive waste according to National Standards on Radiation Safety – Management of radioactive waste – Classification of radioactive waste (TCVN 6868:2001): The incident response plan must be approved according to the provisions of Article 36 of this Decree;

Vehicles transporting by road, cargo holds transported by rail must have warning labels of radioactive dangerous goods according to regulations when transporting radioactive sources, radioactive wastes, source nuclear materials and nuclear materials. ;

– In the case of transportation by road: Only cars can be used and passengers are not allowed to be transported (except for exempted parcels).

The dossiers

• An application form for a license to conduct radiation work (according to the form)
• Declaration form of escorting staff (according to the form)
• Declaration of a closed radioactive source, open radioactive source, radioactive waste, source nuclear material, nuclear material (according to the form)
• Safety assessment report (according to form)
• Incident response plan:

(1) A copy of one of the following papers: Decision on the establishment of the organization, Certificate of enterprise registration, Certificate of investment registration, Certificate of registration of scientific and technological activities, other documents of equivalent value. In case a paper is lost, it must be certified by the agency that issued or issued such document;

(2) A copy of the radiation worker’s certificate of the employee: the driver of the transport vehicle or the escort in the case of transport by road or rail (except in the case of exempted parcels) and his/her assistant. responsible for incident response in case of transporting radioactive sources of Group 1, Group 2, and Group 3 according to QCVN 06:2010/BKHCN. In case this employee does not have a certificate, he/she must apply for a radiation worker certificate as prescribed in Article 35 of Decree 142/2020/ND-CP together with an application for a license to conduct work. radiation work;

(3) A copy of the radiation safety training certificate of the radiation worker;

(4) Contract of carriage if the organization or individual sending the goods is not the shipping organization or individual.

The competent authority

Ministry of Science and Technology

Steps

• Step 1: Organizations and individuals submit dossiers of application for a license to conduct radiation work – Packing and transporting radioactive sources, radioactive wastes, source nuclear materials, and nuclear materials to the Ministry of Industry and Trade. S&T.
• Step 2: Within 05 working days from the date of receipt of the application, the Ministry of Science and Technology shall check the completeness and validity of the application and notify in writing the fee for valid application and fees and charges. fee (if any) or a written notice requesting the amendment or supplementation of the dossier if the dossier is incomplete or invalid.
• Step 3: Within 30 days from the date of receipt of valid dossiers and fees and charges (if any), the Ministry of Science and Technology shall appraise and grant permits to conduct radiation work (packaging, transportation, etc.) radioactive source, radioactive waste, source nuclear material, nuclear material). In case of refusal to grant a permit, the Ministry of Science and Technology shall reply in writing and clearly state the reason.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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