Amendments to the Atomic Energy Law: Ensuring compliance with IAEA standards

Continuing the working program of the 9th Session, on the afternoon of May 5, 2025, the National Assembly listened to the Presentation and the Review Report on the Draft Law on Atomic Energy (amended). Presenting the Presentation of the Draft Law on Atomic Energy (amended) to the National Assembly, Deputy Prime Minister Le Thanh Long emphasized the need to study and comprehensively amend the Law on Atomic Energy.

According to the Deputy Prime Minister , the current Law is not compatible with a number of newly issued laws; has not fully legalized international treaties to which Vietnam is a member; and has not updated new requirements and standards of the International Atomic Energy Agency (IAEA).

Some regulations are still unfeasible and not suitable for the rapid development of nuclear science and technology and radiation technology. There is an overlap in state management functions between ministries and branches; there is a lack of specific regulations on safety, security, nuclear inspection and management of nuclear power plants and research reactors.

Deputy Prime Minister Le Thanh Long presents a report on the draft Law on Atomic Energy (amended). (Photo: Quochoi.vn).

Regarding some outstanding contents that need to be revised and supplemented in the Law on Atomic Energy, the Deputy Prime Minister stated:

Firstly, the current Law has inappropriate regulations, such as: The policy on development and application of atomic energy is not closely linked to the requirements of ensuring national safety and security; inadequacies in decentralization and authorization of licensing of medical diagnostic X-ray equipment and recognition of practice certificates; incomplete regulations on transportation of radioactive sources, compensation for damages as well as updating of new terms and guidelines of the IAEA.

Second, some important contents according to international practice have not yet been legalized, such as: Establishing a fully competent nuclear and radiation safety management agency, supplementing regulations on specialized inspection, a mechanism for managing radioactive waste, nuclear fuel and used radioactive sources, regulating the level of compensation for nuclear damage, handling administrative and criminal violations, inspecting radiation equipment, as well as developing a process for responding to cross-border nuclear incidents.

Third, it is necessary to overcome overlapping state management functions, clarify the authority to appraise nuclear facility designs, grant licenses for radioactive ore mining, and operate nuclear power plants.

Presenting the review report on the project to amend the Law on Atomic Energy, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy said that the Committee basically agreed with the Government's proposal and recommended: Institutionalizing the Party's policy on developing science and technology potential, mastering nuclear power technology, training human resources and localizing equipment.

Amending the law to ensure compliance with IAEA guidelines; fully preparing documents guiding implementation; clearly defining functions between agencies... The draft law dossier basically meets the requirements and is eligible to be submitted to the National Assembly for consideration and comments.

The National Assembly's Committee on Science, Technology and Environment recommended adding or reviewing some contents on nuclear regulatory agencies, clearly defining their functions, working relationships, technical capacity and compliance with IAEA standards.

Regarding the development and application of nuclear energy, support socialization but need to ensure safety for investing organizations and individuals.

Regarding safety and security of nuclear facilities, the Committee finds it necessary to supplement regulations on design approval for nuclear power plants and research nuclear reactors in Article 30 of the draft Law.

National Assembly delegates attending the meeting. (Photo: Quochoi.vn).

Specifically: (i) The design of nuclear power plants and research reactors must be reviewed and approved by the Nuclear Regulatory Authority of the partner country, taking into account the specific requirements of Vietnam; (ii) In the case of nuclear power plants and research reactors designed by Vietnam's specialized agencies, it is necessary to supplement regulations on compliance with IAEA nuclear safety and security requirements.

Regarding the authority to decide and approve investment policies for nuclear power projects, the majority of opinions agree with the plan as submitted by the Government, stipulating that the Prime Minister decides on investment policies for nuclear power plant construction projects according to the provisions of the law on public investment; approves investment policies for nuclear power plant construction projects according to the provisions of the law on investment and other relevant legal provisions to create a flexible, proactive mechanism and speed up the progress in implementing nuclear power plant projects; at the same time, it is also consistent with the policy of promoting decentralization and delegation of authority in the current context.

However, it is necessary to carefully review the legal system to ensure consistency, feasibility and meet requirements on ensuring security and safety of radiation and nuclear power.

Regarding radioactive waste, spent radioactive sources and spent nuclear fuel, the Committee recommends studying and supplementing policies related to the control of radioactive waste, radioactive sources in scrap and other sources imported, temporarily imported and re-exported to ensure completeness, feasibility and suitability.

Regarding response to radiation and nuclear incidents, it is recommended to continue reviewing and ensuring the completeness and consistency of the content of radiation and nuclear incident response plans at the grassroots, provincial and national levels, as well as the feasibility and coherence of the plans; ensuring consistency with the Law on Civil Defense and the draft Law on State of Emergency, and the feasibility of coordination between relevant agencies.

Center for Science and Technology Communication (synthesis)

Source: https://mst.gov.vn/sua-doi-luat-nang-luong-nguyen-tu-bao-dam-phu-hop-theo-tieu-chuan-iaea-197250506151812475.htm