Summary of Doctoral thesis on Law: National responsibility for ensuring nuclear safety in accordance with international law, practice in some countries, and lessons learned for Vietnam

The purpose of the study is to clarify the theoretical and practical issues of national responsibility for ensuring nuclear safety through in-depth and comprehensive study of the rules of international law executed in some typical countries in the world. On that basis, recommendations are made to improve the law on national responsibility for ensuring nuclear safety in Vietnam.

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HA NOI LAW UNIVERSITY MAC THI HOAI THUONG NATIONAL RESPONSIBILITY FOR ENSURING NUCLEAR SAFETY IN ACCORDANCE WITH INTERNATIONAL LAW, PRACTICE IN SOME COUNTRIES, AND LESSONS LEARNED FOR VIETNAM Major : International Law Code : 62 38 01 08 SUMMARY OF DOCTORAL THESIS ON LAW HA NOI - 2018 The work has been completed at Ha Noi Law University Scientific Instructors: Assoc Prof Dr Doan Nang Reviewer 1: Assoc Prof Dr Hoang Phuoc Hiep Reviewer 2: Assoc Prof Dr Nguyen Trung Tin Reviewer 3: Dr Tran Van Thang The Thesis was defended at the Doctoral Thesis Evaluation Council at University level, meeting at Ha Noi Law University At , on date: , month: , 2018 The Thesis can be found at National Library of Vietnam and Library of Ha Noi Law University PREFACE Reasons for choosing the subject A comprehensive, in-depth study of national responsibility for ensuring nuclear safety is essential for the following reasons: Firstly, to institutionalize the guidelines and policies related to peaceful nuclear energy development that the Party and the State have set out in the Document of the IX National Party Congress of the Party, the socioeconomic development strategy for the 2001-2010 period, with direction: "Studying the solutions for using nuclear energy" and the Resolution No 20NQ/TW dated 01/11/2012 of the Sixth Conference of the Central Committee of the Party XI on the development of science and technology serving the cause of industrialization and modernization in the context of the socialistoriented market economy and international integration (issued together with the Government's Resolution No 46 / NQ-CP dated March 29, 2013) Secondly, the study clarifies the theoretical and legal basis for the implementation of national responsibility for ensuring nuclear safety of nations in general and Vietnam in particular by defining the content and scope of national responsibility for ensuring nuclear safety This is an important basis for studying and evaluating the current situation of the law and proposing solutions to improve the law to enhance the efficiency of the implementation of national responsibility for ensuring nuclear safety Thirdly, overcome limitations and inadequacies in the Law on Atomic Energy Vietnam 2008 on national responsibility to ensure nuclear safety The plan for amendment and supplementation of the Atomic Energy Law has been included in the legislative program of the National Assembly term XIII (Resolution No 20/2011 / QH13 dated 26/11/2011) The amendment of the Atomic Energy Law is also a task of the Action Program to implement Resolution No 20-NQ / TW dated 01/11/2012 of the sixth meeting of the Central Committee of Party XI on the development of science and technology for the cause of industrialization and modernization in the context of socialist-oriented market economy and international integration Although the National Assembly has decided to suspend the Ninh Thuan nuclear power project in accordance with Resolution No 31/2016/ QH14 dated November 22th, 2016 of the National Assembly XI, the amendment and supplement of the Law on Atomic Energy is still a matter of urgency Because of nuclear power in Vietnam, nuclear power applications have been widely applied in all fields, with increasingly sophisticated technology Fourthly, propose solutions to enhance the efficiency of ensuring nuclear safety for countries ahead of nuclear power development trends in neighboring countries of Vietnam such as Malaysia, Indonesia, China Especially China's nuclear power plants near the territory of Vietnam Objectives and research tasks The purpose of the study is to clarify the theoretical and practical issues of national responsibility for ensuring nuclear safety through in-depth and comprehensive study of the rules of international law executed in some typical countries in the world On that basis, recommendations are made to improve the law on national responsibility for ensuring nuclear safety in Vietnam For the above purpose, the thesis is closely related to the following research tasks: Firstly, clarify the theoretical issues of national responsibility for ensuring nuclear safety, which establishes the definition of national responsibility for ensuring nuclear safety, defining the characteristics and scope of national responsibility for ensuring nuclear safety Secondly, systematic study of the comprehensive content of international legal provisions on national responsibility for ensuring nuclear safety To assess the advantages, limitations and development trends of the international law provisions on national responsibility for ensuring nuclear safety Third, synthesizing, analyzing, evaluating and enforcing the law of some typical countries in the world on national responsibility for nuclear safety, through which draw lessons learned for Vietnam Finally, study the Vietnamese legal provisions on national responsibility for ensuring nuclear safety, thereby confirming the development steps, the advantages to be developed, and at the same time finding the limitations., the shortcomings and causes that led to that situation, identify the direction and solution to further improve the law, improve the effectiveness of law enforcement in Vietnam on national responsibility to ensure nuclear safety The object and scope of the thesis’s study Research subjects include: - International legal documents and legal documents of some countries on national responsibility for ensuring nuclear safety - Practical implementation of international law and national legislation in some countries around the world on national responsibility for ensuring nuclear safety - Practical implementation of Vietnamese laws on national responsibility for ensuring nuclear safety The research scope of the thesis is as follows: - The thesis does not study the theoretical issues of national responsibility in the field of atomic energy in general, but rather focuses on theoretical and practical issues of national nuclear safety responsibility - The dissertation does not cover all general legal issues related to nuclear safety, but rather focuses on the international legal provisions on national responsibility for ensuring nuclear safety on the basis offvd implementation of national responsibilities in accordance with international commitments include: the obligation to apply all measures to prevent nuclear accidents and the compensation liability of the State for non-infringement of the responsibility for the application of preventive measures to prevent nuclear accidents - Studying the Vietnamese laws and regulations related to the implementation of national responsibility for ensuring nuclear safety, thereby affirming the development steps, the advantages to be promoted and at the same time finding the limitations, the remaining problems and causes leading to that reality, determining the specific directions and requirements and solutions to further perfecting the law of Vietnam Theoretical and research methodologies The dissertation is approached according to the methodology of MarxismLeninism For each specific content, the dissertation uses a variety of scientific research methods such as system approach, historical methods, synthesis methods, analytical methods, statistical methods, comparative law, combining theoretical and practical research to provide concrete and feasible solutions The new contributions of the thesis Accepting the results of the researches of the previous scientists, research projects, analysis and some new points as follows: In theoretical terms: Unlike related research projects in and outside the country, the thesis approached and analyzed the theoretical basis of the law on nuclear safety in the following stages: preparation of nuclear facilities, during the operation of a nuclear facility, terminate the operation of a nuclear facility and compensate for damage caused by a nuclear accident The dissertation studies the definition of "national responsibility for ensuring nuclear safety", clearly defining the peculiarities of national responsibility for ensuring nuclear safety and the scope of this responsibility This is an important foundation in the development and development of the law, proposing solutions to improve the law to enhance the efficiency of the implementation of national responsibility to ensure nuclear safety In practical terms: The thesis highlighted two fundamental aspects of the legal practice of national responsibility for ensuring nuclear safety: (i) Practical international law provisions on national responsibility for ensuring nuclear safety, evaluation of the tendency of advocacy and development of international legal norms on national responsibility for ensuring nuclear safety (ii) The legal practice of some countries is typical of the issue of national responsibility for ensuring nuclear safety, including the comparison, evaluation of the advantages and limitations of the laws of those countries and draw lessons learned Combined with generalizing, analyzing and objectively assessing Vietnam's legal practice on national liability for ensuring nuclear safety, in the context of the reciprocal relationship between Vietnamese law and the law International law and foreign law, thus commenting on the need to improve the provisions of Vietnamese law on national responsibility for ensuring nuclear safety In solution terms: From the theoretical and practical issues mentioned above, the thesis proposes individual ideas on directions and solutions to improve the provisions of Vietnamese law on national responsibility for ensuring nuclear safety Special emphasis is placed on solutions for the development of legal systems, safety standards and state management agencies on nuclear safety and the role of international cooperation in ensuring nuclear safety The scientific significance of the thesis - The research results of the thesis are highly reliable, contributing to the supplementary knowledge of international legal science in general and the specialized law of nuclear power in particular - The thesis provides scientific grounds for competent state agencies to refer to in the process of making guidelines, policies and perfecting the law on atomic energy; - The dissertation can be a source of learning materials for staff, lecturers, students, and related scientific practitioners to refer and refer to The structure of the thesis Apart from the introduction, conclusion, list of references and annexes, the content of the thesis consists of chapters: Chapter 1: Overview of the research situation Chapter 2: Some basic theories of national responsibility for nuclear safety Chapter 3: Current status of international law on national responsibility for nuclear safety and practical implementation in some countries Chapter 4: Practical implementation of national responsibility for nuclear safety of Viet Nam - some recommendations Chapter OVERVIEW OF THE RESEARCH SITUATION 1.1 Evaluation of research works in other countries 1.1.1 Evaluate the research on the formation and development of international legal norms of national responsibility in general, the constituent elements and the nature of national responsibility These works deal with various aspects of international law of national responsibility in the field of nuclear energy, including: national responsibility and international liability; the relationship between national sovereignty and national responsibility in general The above-mentioned works have analyzed and evaluated the advantages and limitations of the current national responsibility regime However, none of these projects has specifically addressed the issue of national responsibility in the field of nuclear safety 1.1.2 Evaluating the works of nuclear safety responsibility of states in the process of using nuclear energy for peaceful purposes In this project group, the foreign author generally outlines the regulatory system and safety standards required by the IAEA and other international organizations, the development of the system of safety standards and specific responsibilities of States Developing legislation and safety standards and enforcing it is the responsibility of the nation, shared by the operators and the organizations and individuals concerned However, these works are mainly focused on analyzing issues related to nuclear power without mentioning nuclear issues in other applications And these works almost not clarify the boundaries of responsibility for ensuring nuclear safety of the country with the responsibility of organizations and individuals in the field of nuclear energy, especially in handling issues of nuclear incidents 1.1.3 Evaluation of research works related to the content of responsibility for compensation in the event of a national nuclear accident These projects have in common, pointing out the limitation of the current nuclear liability regime as the maximum level of responsibility defined under the current regulations is too low, not meeting the damages in case of serious incidents, the absolute jurisdiction of the country where the nuclear facility is situated reduces the ability of the judicial authority to choose the arbitral tribunal and affects the fairness of the trial of the victims in the country and victims abroad And these projects confirm the need for national cooperation to improve the regime of liability for nuclear damages 1.1.4 Evaluating research studies on the practical and legal experience of nations in the process of using nuclear energy for peaceful purposes These works refer to the system of legal provisions of a number of nuclear states, experience of countries in the occurrence of nuclear incidents, the orientation of nuclear development in some countries However, these works have been studied singly, with no comparisons, comparisons of pros and cons and have not specifically investigated their respective nuclear safety responsibilities and there is no analysis and evaluation of the experiences that can be applied in Vietnam 1.2 Evaluation of research works in Vietnam Group of researches on the formation and development of international laws and foreign laws on the peaceful use of nuclear energy; the development of nuclear power in the world and introduction of nuclear development policy of some countries Propose the necessary mechanisms, policies and measures for the nuclear energy development program in Vietnam These works have identified and analyzed the basic science content of nuclear, nuclear technology and modern technology of nuclear power plants, human history gradually explores the potential of nuclear energy in the micro-world, the status and the views of the scientists who dedicate themselves to it, the tragedies that nuclear energy causes and undergoes, the enormous achievements that nuclear energy has gained, the impact of nuclear power on politics, the law, the global economy, and the the enormous problem that nuclear energy places on humanity, Confirming the discovery and conquest of nuclear energy is a human miracle in the history of science and in the history of human evolution Group of researches on the formation, development and content of the legal system regulating the use of nuclear energy for peaceful purposes and the development policy of nuclear energy in Vietnam Practical implementation of the provisions of Vietnamese law on nuclear energy These works mainly analyze the content, achievements and inadequacies of the Law on Atomic Energy of Vietnam 2008, propose amendments to improve the law of Vietnam on nuclear energy in general but not research particularly on the contents of national responsibility for ensuring nuclear safety and the liability to pay compensation for damage caused by nuclear accidents due to nuclear incidents Group of researches on the status of participation in international treaties in the field of nuclear energy of Vietnam; the practical implementation of international treaties on nuclear; Compatibility and accession to international treaties on nuclear in Vietnam: They mainly focus on studying the interests and responsibilities of member countries when participating in international treaties in the field of nuclear and Vietnamese responsibilities when signing and acceding to the treaty, roles and responsibilities among ministries and sectors, without systematic study of national responsibility in the field of nuclear safety and compensation liability for nuclear damage, it has not assessed the correlation between the international treaties nor the overall picture of the international law provisions on national responsibility in the field of nuclear safety Group of researches on the Nuclear Safety of the International Atomic Energy Agency, the safety standards of some countries on nuclear safety Viet Nam's nuclear safety standards relate to safety in the construction and operation of nuclear power plants: It mainly deals with nuclear safety standards in accordance with international law, standards in a number of countries and development policies, and Vietnam's nuclear safety standards, thereby evaluating and delivering proposes to improve technical regulations and standards on nuclear safety in Vietnam However, the above works stop at the general analysis and evaluation of the provisions of the law of atomic energy in general, but not any work to study in detail the responsibility of national nuclear safety Group of researches on the issue of nations’ compensation liability for ensuring nuclear safety Very few research works in Vietnam mentioned this issue These works generally refer to the notion of national responsibility in general, the form of implementation, the practical implementation of general liability However, these works not directly address the current status of international legal provisions on national responsibility for ensuring nuclear safety and practices implemented in the current period nor any work directly addressing the nation's international legal liability in the field of nuclear safety In general, the research works in Vietnam, or just stop at the study of a number of specific agreements in the field of liability for nuclear damages, or study the provisions of the law of atomic energy of countries, related to the reality in Vietnam, but there has not been a comprehensive study and assessment of the provisions of international law on national responsibility to ensure nuclear safety, responsibility to pay compensation for nuclear damage in the event of nuclear safety incidents 1.3 Issues that need further research and the problem-solving method Based on the research, evaluation and succession of the achievements of the research in the country and abroad, the thesis will continue to study and clarify a number of theoretical and practical issues, at the same time, we propose directions and solutions to improve the national as well as international law on national responsibility for nuclear safety as follows: Firstly, in theoretical terms - Develop and clarify the definition of national responsibility for ensuring nuclear safety, the characteristics and contents of the national responsibility regime for ensuring nuclear safety - On the basis of studying the formation and development of international laws on national responsibility and the development trend of legal norms on the use of nuclear energy for peaceful purposes, the thesis there will be evaluations of the trends of advocacy and development of international legal norms in the field of national responsibility for ensuring nuclear safety in the coming time Secondly, in practical terms - Demonstrate the legal practice of a number of countries typical of regulating and implementing national nuclear safety assurances, including comparisons, evaluate the advantages and limitations of the laws of those countries and draw lessons for Vietnam - Objectively analyzes and evaluates Vietnam's law on national liability to ensure nuclear safety On the basis of comparative comparison with the requirements of the international law on national responsibility for nuclear safety, the thesis systematically assesses the achievements as well as limitations and inadequacies in the provisions of the law of Vietnam, the causes of such limitations and shortcomings and the interpretation of the need to improve the provisions of Vietnamese law in the field of national responsibility to ensure the nuclear safety assurances - On the basis of the provisions of international law, experiences of some countries in the world, the reality, conditions and circumstances of - Carry out an environmental impact assessment to ensure that activities not adversely affect the environment - Authorization for regulatory authorities to determine the conditions required for the safe operation of nuclear installations - Responsibility for consultation, providing information to affected countries and the public 2.4.2 National responsibility for ensuring nuclear safety during the operation of nuclear facilities - Responsibility for organizing the supervision and management of nuclear facilities safety - Responsibility to treat nuclear waste and used fuel 2.4.3 National responsibility for ensuring nuclear safety in the event of a nuclear accident - Responsibility for early warning of nuclear accidents - Support responsibilities among countries to mitigate and overcome the consequences of nuclear accidents - Liability for compensation for damage caused by a nuclear accident in accordance with the general rules of international law Chapter INTERNATIONAL LAW ON NATIONAL RESPONSIBILITY FOR ENSURING NUCLEAR SAFETY AND PRACTICAL IMPLEMENTATION IN SOME COUNTRIES 3.1 The formation and development of international law provisions on national responsibility for nuclear safety 3.1.1 Before the establishment of the International Atomic Energy Organization (before 1957) International law on nuclear safety at this stage is a very new one and there are no international treaties or international norms regulating this issue 3.1.2 The period from 1957 to before 1986 This is the stage in the exploitation of nuclear power applications The international community has begun to pay attention to the development of legal norms that regulate nuclear use for peaceful purposes However, as there has never been a particularly serious nuclear accident, at this time, international community still does not have a proper assessment of the role of standards, safety measures, and measures to overcome and overcome the consequences of nuclear incidents 11 3.1.3 The period from 1986 to 2011 In 1986, the world was shocked by the global devastating consequences of the Chernobyl nuclear disaster, prompting the international community to adopt rigorous global safety standards through the five conventions on national responsibility for ensuring nuclear safety However, relevant documents have initially established a framework for the responsibility of states within international responsibility 3.1.4 The period from 2011 to present Fukushima nuclear accident emphasizes the need to implement nuclear safety legislation reform in many countries Nuclear application exploiters have now made commitments on national responsibility for nuclear safety through the use of the terms of bilateral agreements, domestic legislation 3.2 Current status of international law on national responsibility to ensure nuclear safety 3.2.1 Status of national law on national responsibility to ensure nuclear safety before nuclear activities 3.2.1.1 Responsibility to establish a legal framework for the management and control of nuclear activities - Establishment of a legal framework for nuclear power plants: Only after the Chernobyl incident, a number of safety standards for new nuclear plants have been approved for the purpose of building international nuclear safety systems The Nuclear Safety Convention was formally adopted in 1994 (CNS) However, the scope of application of the CNS is quite narrow, applicable only to land-based civil nuclear power plants that not apply to nuclear facilities at sea or in space - Establishment of a legal framework for research reactors: On the safety of the research reactor, the research reactor safety code was adopted by states in 2004 Although only a recommendation, the Code is an important step towards to an international nuclear safety mechanism for research reactors equivalent to CNS nuclear power plants 3.2.1.2 Responsibility for licensing and responsibility for environmental impact assessment According to the CNS, the licensing of nuclear power for civil use must be under national control The national responsibility for environmental impact assessment in the nuclear sector has been addressed in several international instruments such as the 2001 ILC Draft Convention on 12 Prevention of Cross-Border Activities; According to the 1991 Espoo Convention on Transboundary Environmental Impact Assessment 3.2.1.3 Responsibility for consultations, providing information to ensure nuclear safety The responsibility of cooperation between nations is a fundamental principle of international law, which declares the basic principles of national law of 1970 National authorities should inform and provide to the neighbouring state on request, information on permitting the establishment, construction and operation of nuclear facilities in the border area The responsibility for informing and providing information under these rules has been discussed and documented by the ILC in the ILC Draft on the Prevention of Cross-Border Damage 3.2.2 Current status of national legislation on national responsibility to ensure nuclear safety throughout the operation of nuclear facilities 3.2.2.1 Responsibility for organizational management to ensure safety and control of nuclear activities The National Nuclear Safety Authority is the body responsible for ensuring nuclear safety Ensuring the competence and competence of the National Nuclear Safety Authority is provided for in a number of international treaties (Article of the Nuclear Safety Convention, Article 20 of the General Convention on Safety in the Management of used fuels and the safe management of radioactive waste) as well as the Basic Safety Principles of the IAEA and the General Safety Requirements of the IAEA 3.2.2.2 National responsibility for the management of radioactive waste and used fuel The General Convention on the safety of used fuel management and on the safety of radioactive waste management stipulates that responsible states must take legislative, and proper administration to manage the safe use of spent fuel and radioactive waste management and to ensure that people and the environment are adequately protected against radiation accidents and other dangerous issues 3.2.3 National responsibility for ensuring nuclear safety when a nuclear accident occurs 3.2.3.1 Responsibility for early warning of nuclear accidents and support responsibilities The Nuclear Accident Early Warning Treaty requires States Parties to immediately notify affected or potentially affected countries and the IAEA of 13 a nuclear incident The limitation in the rules and practice of the application of national liability in the Convention is that it applies only to incidents that have caused transboundary damage or are likely to cause cross-border damage, not mandatory for all nuclear activities In addition, the mandatory notification obligation only obliges the state to notify other states and the IAEA without imposing a state obligation on its own population For the assisting responsibility of the Convention on Assistance, the Convention requires States to inform the IAEA of their assistance to the IAEA regarding expertise, equipment and supplies Unlike the Early Warning Convention, however, the Convention on Assistance is not obligatory, since the objective of the Convention is merely the establishment of a framework to facilitate the provision of other countries to provide support (not including national responsibilities and specific support mechanisms) 3.2.3.2 National compensation liability for failing to ensure nuclear safety The State is obliged to compensate for all losses incurred by acts in breach of the provisions of international law - this matter was agreed at the 1930 Hague Conference on National Responsibility According to Article I of the ILC Draft on International Liability Regulation: "All acts of violation of the country require international responsibility of that country" * The basis for determination - Acts of violating international laws on the fulfillment of national responsibilities for national nuclear safety - Loss factor in determining compensation liability - Causal relationship between behavior and damage * Forms of compensation liability for nuclear damage 3.3 Practical implementation of national responsibility for ensuring nuclear safety in some countries 3.3.1 Practical implementation of national responsibility for ensuring nuclear safety during the preparation phase of nuclear facilities 3.3.1.1 The practice of building the legal system and standards for ensuring nuclear safety At present, most countries have established a system of principles, norms and standards to ensure nuclear safety There are two basic models of law that are descriptive law models and results-oriented legislative models 14 3.3.1.2 Practical implementation of licensing and environmental impact assessment At present, countries in the world are strictly adhering to the provisions of international law on the management and licensing of nuclear activities However, the choice of the licensing model, the licensing time of the countries currently applied varies widely depending on the model chosen by the Nuclear Regulatory Authority, the policy Nuclear application development and country specificity 3.3.1.3 Practical implementation of the responsibility for consultations and exchanges of information between countries At present, the implementation of this responsibility is limited, mainly under bilateral international treaties Accordingly, countries commit to fully exchange information between nuclear-related countries and other countries on the proposed installation process so that these countries can consider the decision-making process and provide data and comments on the safety and protection of human health and on environmental protection rules 3.3.2 National responsibility for ensuring nuclear safety during the operation of nuclear facilities 3.3.2.1 Practical implementation of national responsibility for the safe management of nuclear activities In most countries in the world today, state regulators of nuclear safety can not be completely independent of government in every way Within the framework of national law, the role, authority and independence of the state management agency on nuclear safety should be clearly defined The competent state management agency in charge of nuclear safety shall elaborate and promulgate documents guiding the safety of materialized legal documents promulgated by the legislature State management agencies in charge of nuclear safety shall also have the right to inspect and apply sanctioning measures 3.3.2.2 Practical implementation of national responsibility for radioactive waste management and spent fuel Recognizing the importance of radioactive waste treatment, the obligations of the members of the General Convention on the treatment of radioactive waste and spent fuel All countries have a regulatory system and significant progress in the treatment of radioactive waste But it can be seen that the policies and regulations of these countries are only short-term 15 policies and plans Countries are still in the process of continuing to formulate long-term policies for the disposal of radioactive waste and the selection of the final landfill 3.3.3 Practical implementation of national responsibility in the event of a nuclear accident 3.3.3.1 Practical implementation of the responsibility for early notification and responsibility for cooperation In the law and in the Nuclear Accident Response Plans of the nations of the world now refers to two groups of responsibilities that are the responsibility of early warning and support responsibilities Several countries have established an early notification framework for nuclear accidents and expert exchange mechanisms for cooperation and exchange in relevant areas on a regular basis The issue, however, is to capture and disseminate experiences from nuclear accidents is not much, so that states can learn and prepare emergency preparedness plans in the future may happen 3.3.3.2 Practical implementation of compensation liability for nuclear damage At present, the national legislation on nuclear damages is quite diverse in terms of the subject of compensation, the level of compensation, etc., Depending on the number of international instruments on nuclear damages that the country has joined The checnobyl accident and Fukushima have highlighted the lack of a common international legal framework for compensation for damage 3.4 Lessons for Vietnam Firstly, the first lesson was about consciousness and responsibility for ensuring the nuclear safety of the country The countries, whether develop nuclear power or not, are at risk of nuclear accident and must be responsible for ensuring nuclear safety If nuclear power is not safe, it is absolutely impossible to carry out Secondly, to ensure nuclear safety, the establishment of regulatory systems and safety standards is very essential In order to develop the application of nuclear power, the countries need to initially invest in the legal system and safety standards The legal system and nuclear safety standards should be built even when the country has not carried out any nuclear activity Thirdly, the country can perform its national responsibility of nuclear safety only when it satisfies two factors simultaneously: The first factor is legal basis for the implementation of national responsibility of nuclear safety 16 The second factor is the conditions of state institutions including the system of state agencies and the specific tasks of these agencies in implementing and monitoring the implementation of legal norms and safety standards Fourthly, the agency who is competent to license the nuclear activities must ensure a certain degree of independence from the Government to ensure the consideration between the interest of nuclear activities and the common interest of the community Finally, in addition to completing the provisions of law and the national nuclear safety standards, the country must actively develop and join international treaties on nuclear safety, especially the international conventions on compensation for nuclear damage Chapter CARRIES OUT NATIONAL RESPONSIBILITY FOR ENSURING NUCLEAR SAFETY IN VIETNAM AND SOME RECOMMENDATIONS 4.1 Guidelines and policies of the Party and the State on the development and application of nuclear energy Documents of the Ninth National Party Congress of the Party, the part of the socio-economic development strategy for the 2001-2010 period, indicating the orientation: "Studying the solutions for using nuclear energy" In order to concretize the above-said policies, the Prime Minister issued and approved decisions on the Strategy for the peaceful application of nuclear energy, as follows: Decision No 01/2006 / QD-TTg dated 03 January 2006 of the Prime Minister approving the "Strategy for peaceful uses of atomic energy up to 2020"; Resolution No 41/2009 / NQ-QH12 dated 25 November 2009 on investment policy of Ninh Thuan Nuclear Power Project; Decision No 957 / QD-TTg dated 24/6/2010 of the Prime Minister approving "Master plan for development and application of atomic energy for peaceful purposes to 2020"; Decision No 906/QD-TTg dated 17 June 2010 approving orientations for development planning of nuclear power in Vietnam in the period up to 2030 The application and development of nuclear energy must ensure absolute safety for human beings and the environment is the consistent view of Vietnam 4.2 Overview of the use of atomic energy for peaceful purposes in Vietnam In Vietnam, nuclear science and technology has been studied and widely applied in many fields, contributing to the socio-economic development, 17 enhancing the country's science and technology potential and quality of life of the people In recent years, the application of atomic energy and nuclear technology in the socio-economic fields has achieved great achievements 4.3 National responsibility for ensuring nuclear safety in accordance with the provisions of law and treaties to which Vietnam is a contracting party 4.3.1 National responsibility for ensuring nuclear safety before conducting nuclear activities of Vietnam * Responsibility to build the legal system and standards to ensure nuclear safety With a view to ensuring nuclear safety and fulfilling the responsibilities of international treaties to which Vietnam is a member, Vietnam has now established a comprehensive system of laws and standards for ensuring nuclear safety The system of safety regulations and standards has contributed to the establishment of a basic legal basis in the field of atomic energy, laying the foundation for the management of safety and security of nuclear energy applications in Vietnam * Responsibility for licensing & environmental impact assessment On the basis of the provisions of Article of the Nuclear Safety Convention, Vietnam has established a licensing mechanism for nuclear facilities The Law on Atomic Energy 2008 provides for the declaration and issuance of licenses for conducting radiation work, registration papers for the provision of support services for atomic energy application and the granting of radiation personnel certificates One of the conditions to be licensed is the responsibility to conduct an environmental impact assessment 4.3.2 National responsibility for ensuring nuclear safety during the operation of Vietnam's nuclear facilities * Responsibility for managing nuclear safety The system of state agencies managing nuclear safety is stipulated in Articles thru 10 of the Atomic Energy Law in 2008 Accordingly, the responsibility for state management of nuclear safety belongs to the agencies: Prime Minister; Minister of Science and Technology; Agency for Radiation and Nuclear Safety under the Ministry of Science and Technology; National Atomic Energy Application Development Council; National Council for Nuclear Safety; Ministry of Health; Ministry of Natural Resources and Environment; Ministry of Agriculture and Rural Development; Ministry of Industry and Trade; Ministry of Construction; Ministry of Defense; Ministry of Public Security; 18 * Responsibility to manage radioactive waste and spent nuclear fuel In Vietnam, the regulations on treatment of radioactive waste and spent natural fuel are regulated in Article 25 of the Law on Atomic Energy 2008; Decision No 2376 / QD-TTg of the Prime Minister approving the orientation for planning and storage of radioactive waste up to 2030 with a vision to 2050 and Circular No 22/2014 / TT-BKHCN also specifies that used radioactive sources must be managed to ensure safety for humans and the environment until they are returned to manufacturers or foreign suppliers or buried 4.3.3 National responsibility in the event of a nuclear accident in Vietnam * Responsibility for early notification and responsibility for cooperation Performing the responsibility of early notification of nuclear accidents and obligations of cooperation under the early notification and supportive conventions, the Prime Minister promulgated Decision No 884 / QD-TTg on promulgation of the National Response Plan on Radiation and Nuclear Accidents, dated 16 June, 2007, with details of national responsibilities on early notification and assistance is as follows: Organizations involved in responding to national-level incidents shall mobilize from ministries, branches, localities as well as organizations and individuals on the basis of specific incident situations, including: the Ministry of Science and Technology; Ministry of Defense; Ministry of Public Security; Ministry of Industry and Trade; Ministry of Natural Resources and Environment; Ministry of Health; Ministry of Agriculture and Rural Development; Ministry of Foreign Affairs; Ministry of Information and Communications; Ministry of Transport; Provincial-level People's Committees of localities where incidents occur or are affected by incidents; Organizations and individuals conducting radiation jobs causing incidents; Other organizations and individuals mobilized to respond to incidents * Liability for damages if a nuclear accident occurs Although it has not yet become a member of international treaties on compensation for nuclear damages, the current Vietnamese law has recognized the principles and basic content of liability for nuclear damage 4.4 Practical implementation of national responsibility for ensuring nuclear safety of Vietnam 4.4.1 Practical implementation of national responsibility before the conduct of nuclear activities of Vietnam Vietnam is now involved in most international treaties on nuclear safety, security and non-proliferation However, safety standards have not been fully 19 codified Complying with mandatory standards and applying them in a consistent manner to the IAEA's guiding standards for the development of regulatory safeguards in Viet Nam is essential For legal document system serving safety management of nuclear research reactors, in addition to the general provisions of the Atomic Energy Law, Vietnam has no specific guidelines on the safe management of nuclear research reactors * Practical implementation of licensing and environmental impact assessment As of 05/12/2016, the Hanoi Department of radiation safety has dealt with about 1100 dossiers of application for licenses, registration papers, practice certificates and certificates of radiation workers of all kinds, official documents related to the licensing and the state management of radiation safety (National Report 2016) However, according to international practice, licensing and safety management is one of the basic functions of the Nuclear Safety Authority However, due to the characteristics of Vietnam, there are no independent state management agencies leading to licensing and safety management, which are also implemented by different management agencies 4.4.2 Practical implementation of national responsibility during the operation of nuclear facilities * Responsibility to manage the safety of nuclear facilities The practice of nuclear safety management in Viet Nam shows that the functions of the Nuclear Safety Authority are implemented in various government agencies, but not clearly defined the effective distribution of the functions and the coordination mechanism and their specific responsibilities when performing the functions of state management of nuclear safety * Responsibility to treat radioactive waste and used fuel Vietnam has no national radioactive waste storage facility Radioactive waste, used radioactive sources are stored in many locations throughout the country These facilities store wastes from medical, industrial and research activities that are expected to be kept indefinitely due to a lack of a common national retention facility According to statistics from the Vietnam Agency for Radiation and Nuclear Safety, Vietnam currently has 1,140 establishments conducting radiological work (Except X-ray diagnostic facilities), with about 2,072 radioactive sources in use in different areas and about 1,900 radioactive sources are no longer in use, being stored at radiation facilities scattered throughout the country 20 4.4.3 Practical implementation of national responsibility in the event of a nuclear accident * Early warning and support responsibilities Viet Nam acceded to the Convention on Early Warning and Convention on Assistance for long time, but almost no activities were carried out, except for one case involving radiation accident and treatment through application of the Convention on Assistance Activities related to the implementation of the two conventions have been undertaken by Viet Nam as part of the regular IAEA exercises; Approve the planning of national environmental radioactive observation and warning network up to 2020 with a view to building a network of national environmental radiation observation and warning systems to promptly detect irregularities in radiation in Vietnam and to support the active response to radiation incidents and nuclear accidents; to provide a database on environmental radioactivity in serving the State management over atomic energy and radiation safety and nuclear safety * Liability for compensation for nuclear damage Vietnam is not a member of the Nuclear Compensation Convention Vietnam's nuclear activities have so far been considered safe The provisions on nuclear liability of the Law on Atomic Energy 2008 are basically comprehensive, but there are some limitations, not in accordance with international law 4.5 A number of assessments and remarks on the practical implementation of national responsibility for ensuring nuclear safety in Vietnam From the study of the system of international legal regulations and the laws of Vietnam on national responsibility for ensuring nuclear safety and practice in Vietnam, the author draws some comments as follows: Firstly, despite the fact that the country exploited nuclear applications very early, however, its main nuclear applications were in non-energy sectors such as health, agriculture, industry, research with high level of safety; therefore, nuclear safety in Vietnam is not really interested Secondly, the promulgation of Vietnam's system of legal norms and standards on nuclear safety is considered quite comprehensive However, the system of legal provisions and the nuclear safety standards of Vietnam still have some limitations such as the system of standards, regulations are incomplete, some regulations are not suitable with the guidance of the IAEA 21 Thirdly, the implementation of regulations on nuclear safety in Vietnam is in fact difficult due to human resources and technical facilities for the National Nuclear Safety Authority Vietnam's country is inadequate in comparison with its mandate in the management of nuclear facilities as well as the IAEA's requirements for nuclear safety, security and surveillance 4.6 Directions and solutions to improve the law and improve the efficiency of national responsibility for nuclear safety in Vietnam 4.6.1 Orientation to improve the law on national responsibility to ensure nuclear safety 4.6.1.1 Improving the law and improving the efficiency of national responsibility for ensuring nuclear safety in Vietnam must be placed in the context of international cooperation and integration 4.6.1.2 Improving the law and improving the effectiveness of national responsibility for ensuring nuclear safety in Vietnam must be in line with the Party's and the State's viewpoints and guidelines on the application and development of nuclear energy for peaceful purposes 4.6.1.3 Improving the law and improving the efficiency of national responsibility for ensuring nuclear safety in Vietnam so that the application and development of nuclear energy must ensure absolute safety for people and the environment 4.6.1.4 Improving the law and improving the efficiency of national responsibility for nuclear safety in Vietnam must be based on limitations and shortcomings in the current state of law 4.6.2 Solutions to improve the law, improve the efficiency of the implementation of national responsibility to ensure nuclear safety 4.6.2.1 Solutions to improve the law on national responsibility to ensure nuclear safety In order to build and perfect the legal system and safety standards, Vietnam must first identify the appropriate legal model and safety standard Accordingly, Vietnam needs to amend and promulgate a number of mandatory legal documents on nuclear safety In addition, the Nuclear Regulatory Authority will issue guidelines on nuclear safety in support of mandatory regulatory documents 4.6.2.2 Solutions to improve the efficiency of licensing Specifying a major responsible agency is the National Nuclear Safety Authority for the issuance of licenses and the safe management of nuclear 22 activities This requires Vietnam to build a truly independent and effective Nuclear Safety Authority Specify the principles and criteria to be licensed in accordance with legal instruments and international safety standards In addition, transparency is one of the requirements of the nuclear regulatory system Ensure that all information related to the licensing process is disclosed 4.6.2.3 Solutions to improve the efficiency of nuclear safety management in Vietnam Vietnam can apply the model of agency under the Ministry, but leaders of state management agencies appointed by the Prime Minister This model, though, does not clearly state the role, size and position of the National Agency for Nuclear Safety as the ministerial level model of the Government, but with the leadership of the agency appointed, dismissed by the Prime Minister have also contributed to the independence of the state management agency and the ministry At the same time, this model will maintain the organizational stability of the Ministry of Science and Technology and the system of nuclear safety management agencies without increasing the number of agencies attached to the Government 4.6.2.4 Other measures to improve the efficiency of radioactive waste treatment and spent fuel Vietnam should build a national radioactive waste management facility with special designs and structures for the long-term burial or storage of radioactive waste Developing specific regulations on national waste storage and burial sites; Defining responsibilities and having a clear plan for the construction of radioactive waste treatment, storage and disposal facilities; determine the national strategy for dismantling a nuclear facility 4.6.2.5 Other measures to improve the efficiency of national responsibility for nuclear safety GENERAL CONCLUSION Nuclear safety is a global issue and an incident in one country can affect across borders to another Therefore, ensuring nuclear safety is a common responsibility of the international community The responsibility for ensuring nuclear safety belongs to the country where the nuclear facility is located The national responsibility for ensuring nuclear safety is understood as the responsibility of the State in applying all measures to prevent incidents or 23 minimize the consequences of incidents caused by nuclear equipment or nuclear material for human, environmental and compensation liability, overcoming the consequences arising from nuclear incidents due to unsafe nuclear safety assuarance National responsibility for ensuring nuclear safety is recognized and ensured by both the international legal system and the national law So far, most countries in the world are aware of the responsibility for ensuring nuclear safety In order to ensure nuclear safety, countries have set up a regulatory system as well as a system of state management agencies for nuclear safety In order to achieve the best results in ensuring nuclear safety, there is a need for consistency between the legal model, the system of nuclear safety standards and the organizational structure of the state management system on nuclear safety However, depending on the level of exploitation, use of nuclear applications and socioeconomic characteristics, the fulfillment of national responsibilities for nuclear safety in each country has its own particularities In Vietnam, nuclear science and technology has been studied and widely applied in many fields, contributing to the socio-economic development, enhancing the country's science and technology potential and quality of life of the people Essentially, the laws and standards of nuclear safety and safety mechanism are quite comprehensive This system of safety regulations and standards has contributed to the establishment of a basic legal basis in the field of atomic energy, which provides a basis for the management of the safety and security of nuclear energy applications in Vietnam in recent years, It also contributes to promote the development of nuclear energy in general and the development of nuclear power for peaceful purposes in particular in Vietnam However, over the past years, the system of legal regulations and safety standards and safety mechanisms of Vietnam has revealed some inadequacies not in line with the reality and the situation of nuclear application development To enhance nuclear safety, to meet the need for peaceful use of nuclear energy Vietnam should apply uniform solutions to improve the law, organize law enforcement, strengthen international cooperation with other countries to ensure nuclear safety 24 LIST OF DECLARED SCIENTIFIC WORKS IN CONNECTION WITH THESIS SUBJECT Mac Thi Hoai Thuong (2017), "Strengthening the role of the state in preventing environmental damage from nuclear activities", The People's Court Journal, (14), Pages 23-28 Mac Thi Hoai Thuong (2017), "Legal overview of national responsibility for ensuring nuclear safety - A number of proposals to improve the law for Vietnam", The People's Court Journal, (16), Pages 25-31 Mac Thi Hoai Thuong (2017), "The national legal liability for peaceful use of nuclear power, issues concerning the completion of the Law on Atomic Energy Vietnam 2008", Law and Development Journal, (9+10), Pages 60-65 Mac Thi Hoai Thuong (2017), "A number of recommendations to strengthen international cooperation between Vietnam and other countries in ensuring nuclear safety determine the jurisdiction of the coastal states", Industry and Trade Journal, (10), Pages 33-38 ... subject to national responsibility for ensuring nuclear safety Secondly, on the scope of national responsibility for ensuring nuclear safety, the national responsibility for ensuring nuclear safety. .. implementation of national responsibility for ensuring nuclear safety in Vietnam From the study of the system of international legal regulations and the laws of Vietnam on national responsibility for ensuring. .. INTERNATIONAL LAW ON NATIONAL RESPONSIBILITY FOR ENSURING NUCLEAR SAFETY AND PRACTICAL IMPLEMENTATION IN SOME COUNTRIES 3.1 The formation and development of international law provisions on national