On March 21, the Ministry of Science and Information Technology issued Decree No. 71/2026/ND-CP issued by the Government on March 9, 2026, stipulating penalties for administrative violations in the field of nuclear energy. The Decree takes effect from May 1, 2026, replacing Decree No. 107/2013/ND-CP and abolishing part of the provisions in Decree No. 126/2021/ND-CP.
The issuance of the decree aims to complete the legal corridor, create a basis for deterrence and strictly handle violations in radiation and nuclear application activities. At the same time, it contributes to promptly handling violations according to nature and severity, overcoming practical obstacles, improving the effectiveness of state management, ensuring radiation safety and nuclear security for the purpose of peaceful development.
A noteworthy point is that the decree has clarified the boundaries between administrative violations and crimes. The principle is that administrative penalties are only imposed for acts that are not serious enough to be criminally prosecuted. Acts such as unlicensed radioactive mineral exploration, import of radioactive waste, violation of discharge procedures or allowing radiation incidents to occur, if there are signs of crime, will be transferred to the investigating agency for criminal handling.
It is noteworthy that for acts of using, transporting or storing radioactive sources without a license or expired license, functional agencies do not immediately impose administrative penalties but transfer dossiers to the Police agency. Only when the elements constituting a crime are not sufficient shall administrative penalties be applied.
The Decree also adjusts to increase the fine level from 1.5 to 2.5 times for most violations. The fine level is designed in a differentiated direction based on the number of radiation equipment and the level of danger of the radiation source, ensuring practical suitability.
Along with that, many new groups of violations have been added, such as those related to radiation source security, nuclear materials, the operation of nuclear power plants throughout their life cycle, research reactors, data management and digital transformation in the field of atomic energy. This regulation aims to avoid legal loopholes and adapt to modern management requirements.
The Decree also amends and supplements the authority to impose penalties and make records of administrative violations, clearly defining responsibilities between agencies such as People's Committees at all levels, radiation safety management agencies and relevant forces, ensuring uniformity in implementation.
In addition to warnings and fines, the decree stipulates more additional penalties such as revocation of licenses, temporary suspension of operations, confiscation of exhibits, deportation of foreign individuals. At the same time, supplementing remedial measures such as forcing safety measures, equipment inspection, revocation of service results, repair or replacement of unsafe structures.
According to assessments, the new decree shows a trend of tightening management, enhancing deterrence and approaching modern management requirements. The risk of criminal prosecution may increase when many acts that were previously only administratively sanctioned can now be prosecuted for criminal liability if sufficient elements are sufficient.
The sharp increase in fines and expansion of violations also creates greater compliance pressure for organizations and individuals. Units must review procedures, ensure full safety conditions, and properly implement licensing regulations and related obligations.
For nuclear facilities, especially nuclear power plant projects, management requirements are set throughout the entire life cycle from surveying, construction to termination of operation.
In the context of the increasingly developing and potentially risky nuclear energy sector, full compliance with the provisions of Decree No. 71/2026/ND-CP is considered a mandatory requirement for all relevant organizations and individuals.
