Need to supplement regulations on approving nuclear power plant designs

According to the Draft Law Report presented by Minister of Science and Technology Nguyen Manh Hung, the development of the Law aims to continue institutionalizing the Party's guidelines and policies, the State's policies on atomic energy, unifying with other relevant documents and meeting practical requirements; building a legal basis to ensure completeness and comprehensiveness in the system of legal documents on atomic energy; enhancing the effectiveness of state management of radiation safety, nuclear safety and security; developing sustainable applications of atomic energy; implementing Vietnam's international commitments and obligations; enhancing international cooperation; atomic energy contributes to creating new momentum for the country's rapid and sustainable development in the new era.

The Draft Law consists of 12 chapters and 73 articles (a reduction of 20 articles, equivalent to more than 20% of the number of articles compared to the 2008 Law), regulating activities in the field of atomic energy and ensuring safety and security in such activities; applicable to domestic organizations and individuals, Vietnamese people residing abroad, foreign organizations and individuals, and international organizations conducting activities in the field of atomic energy in Vietnam.

Minister Nguyen Manh Hung also said that the draft Law closely follows the four policies agreed upon by the Government in Resolution 240/NQ-CP, including: (1) promoting the development and socialization of atomic energy applications; (2) ensuring radiation safety, nuclear safety and security, decentralization in state management; (3) facilitating nuclear inspection activities; (4) managing radioactive waste, spent radioactive sources and spent nuclear fuel, responding to radiation incidents, nuclear incidents, and civil liability for nuclear damage.

Presenting the Preliminary Review Report, Chairman of the Committee on Science, Technology and Environment Le Quang Huy stated that the Standing Committee of the Committee on Science, Technology and Environment basically agreed with the necessity of promulgating the Law on Atomic Energy (amended); agreed with the name of the Law on Atomic Energy (amended).

The Standing Committee of the Science, Technology and Environment Committee also basically agreed with the scope of regulation stated in Submission No. 164/TTr-CP. In addition, there were opinions suggesting to add the scope of regulation on nuclear inspection; some opinions suggested that we should focus on amending the contents related to nuclear power plants or build a separate Law on Nuclear Power.

Regarding the development and application of atomic energy (Chapter II, from Article 10 to Article 13), the content of promoting the development and socialization of atomic energy applications was agreed upon. However, the Standing Committee of the Science, Technology and Environment Committee said that it is necessary to consider allowing individuals and organizations to invest in establishing radiation facilities and facilities conducting radiation work, including facilities producing and processing radioactive substances, due to concerns about the ability to ensure the safety of individuals and organizations.

Regarding safety and security of nuclear facilities (Chapter IV, from Article 28 to Article 43), the Standing Committee of the Science, Technology and Environment Committee proposed to add regulations on design approval for nuclear power plants and research nuclear reactors in Article 30. 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 reactors designed by Vietnamese specialized agencies, it is necessary to supplement regulations on compliance with IAEA nuclear safety and security requirements. It is recommended to clarify the regulation on “using verified technology” and which agency is responsible for this verification.

More clearly demonstrate the position and role of the nuclear regulatory agency

The National Assembly Standing Committee highly appreciated the Government, the Ministry of Science and Technology, and the Committee for Science, Technology and Environment for actively preparing the draft Law dossier and the Preliminary Examination Report; and agreed to submit the draft Law to the National Assembly for consideration and approval at the upcoming 9th Session.

Vice Chairman of the National Assembly, Senior Lieutenant General Tran Quang Phuong, said that the provisions in Article 5 of the draft Law on principles of ensuring safety and security in the field of atomic energy are still specific requirements to ensure safety and security and have not yet reached the level of principles. Therefore, it is recommended to review and stipulate more clearly the principles in the draft Law.

Chapter IX of the draft Law currently regulates response to radiation and nuclear incidents and plans for response to radiation and nuclear incidents. According to the Vice Chairman of the National Assembly, it is necessary to review to ensure compatibility with the Civil Defense Law and the draft Law on State of Emergency.

In addition, Article 60 should only be designed into 2 clauses, clause 1 stipulates that "The plan to respond to radiation and nuclear incidents includes the plan to respond to radiation and nuclear incidents at the grassroots level, the plan to respond to radiation and nuclear incidents at the provincial level and the plan to respond to radiation and nuclear incidents at the national level"; clause 2 is the content of the plan that should be assigned to the Government for detailed regulations.

Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi suggested that the draft Law should absorb and more clearly demonstrate the position and role of the nuclear management agency (authority to stop nuclear radiation activities when detecting signs of loss of safety); control of certain types of goods containing radioactive substances or at risk of radiation contamination; regulations on medical irradiation management.

Concerning the issue of nuclear safety, site selection and protection zone, Chairman of the Committee for Culture and Society Nguyen Dac Vinh stated that the draft Law mentioned the content of site selection but did not have regulations on protection zones and protection rings. If it is not clearly stated in the draft Law, it should be assigned to a specific agency to provide detailed regulations.

Concluding this content, Vice Chairman of the National Assembly Le Minh Hoan requested the Government to direct relevant agencies to urgently review, seriously study, and absorb opinions at the meeting and opinions of the agency in charge of the review and agencies of the National Assembly to complete and ensure the quality of the draft Law submitted to the National Assembly.

In particular, it is necessary to ensure the full and comprehensive institutionalization of the Party's viewpoints, policies and guidelines and the Resolutions of the Politburo, the National Assembly, and the National Assembly Standing Committee; strictly implement Regulation No. 178-QD/TW dated June 27, 2024 of the Politburo on controlling power, preventing and combating corruption and negativity in law-making work; at the same time, carefully review and ensure the feasibility, consistency and unity of the draft Law with the legal system and international treaties.

The Vice Chairman of the National Assembly also requested the Committee on Science, Technology and Environment to preside over and coordinate with the Council of Nationalities and the Committees of the National Assembly to officially examine the draft Law and report to the National Assembly at the Ninth Session.

Source: https://daibieunhandan.vn/xem-xet-viec-cho-phep-ca-nhan-to-chuc-dau-tu-thanh-lap-co-so-buc-xa-post410156.html