Lao Dong Newspaper had an interview with Mr. Le Dai Dien, former Deputy Director of the Nuclear Training Center, Vietnam Institute of Atomic Energy on the issue of amending the Law on Atomic Energy.
The 2008 Law on Atomic Energy has promoted its role in promoting the application of nuclear energy. But so far, many shortcomings have been revealed. What are those shortcomings in your opinion?
Firstly, the emergence, amendment or supplementation of many other laws, including issues related to the law on labor and employment, has created overlaps in state management functions, making it difficult to implement practical activities.
Second, the laws related to licensing (licenses) are not unified and synchronous in the responsibilities of competent authorities, even in common customer applications in industry and health.
Third, regarding the granting of licenses according to the implementation phases of the project to build and operate nuclear power plants, it is not consistent with a number of other laws. For example, the environmental impact assessment (EIA) report is not in accordance with the Law on Environmental Protection (2020). Some regulations related to content and processing procedures do not take into account digital and online applications such as those we are actively implementing.
Fourth, administrative procedures still have many shortcomings, long waiting times, even when Decree 142/2020/NDCP is issued, some technical terms and concepts have not been standardized and unified, leading to difficulties in implementing inspection, management and implementation.
Fifth, the compensation for nuclear damage mentioned in the 2008 Law on Employment Affairs is not yet in accordance with relevant international conventions.
In your opinion, how should we comprehensively supplement to perfect the legal corridor, ensure nuclear safety and security and comply with international commitments?
The Law on Atomic Energy (amended) submitted by the Ministry of Science and Technology to the National Assembly focuses on urgent issues related to the development of NLNT applications for peaceful purposes. The most important thing is to serve the implementation of projects to build and operate nuclear power plants.
Highlighted are issues on radiation safety, safety, nuclear security and decentralization in state management. Create a legal framework for nuclear inspection activities, radioactive waste management, radioactive sources and used nuclear fuel; activities to respond to radiation and nuclear incidents; demonstrate civil liability for nuclear damage.
The law needs to demonstrate national policies on the management of radioactive waste and spent nuclear fuel, specifically the agencies and organizations responsible for management, guidance or implementation.
The role of the nuclear regulatory agency is very important for ensuring nuclear safety and security, especially in the implementation of nuclear power projects. The Law on Employees needs to clearly define the role and functions of this agency.
It is necessary to amend the Law to specify security and safety issues when building factories, how to compensate people (if leakage, radiation...) if there are leaks, sir?
Developing long-term and sustainable AI applications requires a comprehensive legal corridor on nuclear safety and clarity on compensation for damage in the event of radiation and nuclear incidents is necessary.
The 2008 Law on Agriculture and Rural Development also mentioned nuclear radiation damage as damage to people, property, and the environment caused by nuclear radiation incidents, including costs for remediation of consequences. However, it is not yet in accordance with relevant international treaties.
This draft of the Law on Employees also stipulates the level of compensation for nuclear damage in accordance with the provisions of the international treaty on civil liability for nuclear damage to which Vietnam participates. In addition, we also need to consider being able to participate in international treaties related to nuclear energy to demonstrate international responsibility and therefore specify the minimum compensation level according to international standards.
However, this is a quite sensitive issue and there are many complex and unpredictable situations. For example, material damage can be measured, but damage to health (long-term) or mental health will be very difficult to measure.
First of all, the amended Law on Employees needs to clearly identify the responsibilities of state management agencies, investors, operating agencies or even partners in this matter.
