The Government proposes to decentralize the decision on investment policies for nuclear power plants (under the authority of the National Assembly according to the Investment Law and the Law on Public Investment) to the Prime Minister in the draft Law on Atomic Energy (amended).

On the morning of April 14, at the 44th Session, Standing Committee of the National Assembly comment on the draft Law on Atomic Energy (amended).

Supplementing regulations on the responsibilities of heads of nuclear facilities

Presenting the Draft Law, Minister of Science and Technology Nguyen Manh Hung said that the draft consists of 12 chapters and 73 articles (20 articles less than the 2008 Law), closely following the 4 policies agreed upon by the Government.

Specifically, the policies are: Promoting the development and socialization of atomic energy applications; ensuring radiation safety, nuclear safety and security, decentralization in state management; facilitating nuclear inspection activities; managing radioactive waste, spent radioactive sources and spent nuclear fuel; responding to radiation incidents and nuclear incidents; civil liability for nuclear damage.

The revised and completed contents this time include additional regulations on digital transformation in radiation and nuclear safety activities, atomic energy applications; state management tasks on radiation and nuclear safety; inspection, examination and handling of administrative violations.

The draft also amends and supplements regulations on the security of radioactive sources and nuclear materials. Accordingly, it provides regulations on building, maintaining and enhancing security culture at facilities with radioactive sources and nuclear materials; establishing and maintaining radioactive source security measures corresponding to the level of danger caused by radioactive sources; and regulations on the responsibilities of relevant organizations and individuals in handling situations where radioactive sources and nuclear materials are discovered to be out of control.

This amendment also adds provisions on the responsibilities of the head of a nuclear facility; requirements for design; investment in the construction of nuclear power plants; appraisal of technology, radiation safety, safety and security of nuclear power plants; responsibility for safety supervision and security assurance to comply with the Construction Law, the Ordinance on Protection of Important Works Related to National Security, the model law of the International Atomic Energy Agency and a specific mechanism for the development of the Ninh Thuan nuclear power project.

The Government plans to abolish 25 administrative procedures, corresponding to a reduction of 32.9%. The draft Law on Atomic Energy (amended) does not specify administrative procedures in detail but leaves it to the Government to stipulate, according to the submission.

In addition, the draft omits the provisions on the National Council for Development and Application of Atomic Energy; the National Nuclear Safety Council; and the Fund for Scientific Research and Technology Development in the field of atomic energy in the draft Law.

Notably, in this amendment, the Government proposes to decentralize the decision on investment policies for nuclear power plants (under the authority of the National Assembly according to the Investment Law and the Public Investment Law) to the Prime Minister. Regulations stipulate that the Prime Minister decides on investment policies for nuclear power plant projects.

Proposal to supplement regulations on design approval for nuclear power plants

After preliminary examination, the Standing Committee of the National Assembly's Committee on Science, Technology and Environment basically agreed with the necessity of promulgating the Law.

Regarding some specific contents, the examining agency agreed with the necessity and content of promoting the development and socialization of atomic energy applications. However, it said that it is necessary to consider allowing individuals and organizations to invest in establishing radiation facilities and facilities conducting radiation work, including facilities for the production and processing of radioactive substances, due to concerns about the ability to ensure the safety of individuals and organizations.

Regarding safety and security of nuclear facilities, the Standing Committee of the Science, Technology and Environment Committee proposed to supplement regulations on design approval for nuclear power plants and research nuclear reactors. The design of nuclear power plants and research nuclear reactors must be appraised and approved by the Nuclear Regulatory Authority of the partner country, taking into account the specific requirements of Vietnam; the Government shall prescribe the competent authority to conduct the appraisal.

In the case of nuclear power plants and research nuclear reactors designed by Vietnamese specialized agencies, it is necessary to supplement regulations on compliance with the requirements on nuclear safety and security of the International Atomic Energy Agency (IAEA).

The inspection agency also proposed to study and supplement policies related to the control of radioactive waste, radioactive sources in scrap and other sources imported, temporarily imported and re-exported to ensure completeness and feasibility.

Participating in the discussion, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai stated that energy development is to serve socio-economic development, and must be applied most effectively in production and business. Therefore, it is recommended to approach in the direction of perfecting regulations and standards so that they can be applied quickly and safely.

In addition, comrade Phan Van Mai said that it is necessary to review the provisions of this Law to ensure consistency and synchronization with the laws being proposed for amendment.

Commenting on the draft, Vice Chairman of the National Assembly Tran Quang Phuong suggested reviewing the regulations on decentralization of decision-making authority on investment in nuclear power plants to the Government, as this is a key national project with a large scope of impact, under the decision-making authority of the National Assembly according to the Investment Law and the Law on Public Investment.

Responding to this new regulation, Deputy Prime Minister Nguyen Chi Dung said that he would clarify the basis and impact of the proposed decentralization, and would explain more clearly. "My personal opinion is that for small and medium-sized projects, with available technologies and modules, such as standardization and control, they should be assigned to the Prime Minister. As for large-scale projects with great impact, for example, over 2,000 MW or more, the National Assembly should still decide," Deputy Prime Minister Nguyen Chi Dung expressed his opinion.

The draft Law on Atomic Energy (amended) will be submitted to the National Assembly for comments at the 9th Session opening on May 5.