Vietnam tightens regulation and significantly increases penalties in the atomic energy sector

Atomic energy is being increasingly applied across various areas of socio-economic life, from healthcare, industry, and agriculture to environmental protection.

Decree No. 71/2026/ND-CP, recently issued by the Government, regulates administrative penalties in the field of atomic energy and will take effect from May 1, 2026, replacing Decree No. 107/2013/ND-CP and partially repealing provisions under Decree No. 126/2021/ND-CP.

The issuance of the decree aims to complete the legal framework, providing a basis for deterrence and strict handling of violations in radiation and nuclear applications. At the same time, it helps ensure timely handling of violations based on their nature and severity, addresses practical challenges, enhances the effectiveness of state management, and ensures radiation safety and nuclear security for peaceful development purposes.

A key highlight of this decree is the clear distinction between administrative and criminal violations. Acts showing signs of criminal offenses will be referred to investigative authorities for criminal proceedings, rather than being handled solely through administrative penalties as in the past. Violations such as unauthorized exploration of radioactive minerals, import of radioactive waste, breaches of discharge procedures, or incidents involving radiation—if exhibiting criminal elements—will be transferred to investigative agencies for criminal handling.

Notably, for acts involving the use, transport, or storage of radioactive sources without a valid license or with an expired license, authorities will not immediately impose administrative penalties but will instead refer cases to the police. Administrative sanctions will only be applied if the act does not meet the threshold for criminal prosecution.

In addition, several new categories of violations have been introduced, including those related to security of radioactive sources, nuclear materials, the full lifecycle of nuclear power plant operations, research reactors, data management, and digital transformation in the atomic energy sector. These provisions aim to eliminate legal gaps and align with modern regulatory requirements.

Decree 71 also increases penalty levels by 1.5 to 2.5 times for most violations. Fines are structured based on the number of radiation devices and the hazard level of radioactive sources, ensuring practical applicability.

Notably, the maximum penalty reaches up to VND 2 billion for particularly serious violations related to nuclear power plant operations and safety. Specifically, failure to implement required preventive measures leading to incidents at nuclear power plants—if not subject to criminal prosecution—may result in fines ranging from VND 1 billion to VND 2 billion.

The above penalty also applies to acts such as conducting trial operations of units or operating nuclear power plants without a license or with an expired license, as well as dismantling a plant without authorization. This is considered a stringent sanction, reflecting the need for strict control over a high-risk sector.

The decree also amends and supplements the authority to impose penalties and prepare administrative violation records, clearly defining responsibilities among agencies such as People’s Committees at all levels, radiation safety authorities, and relevant enforcement forces, ensuring consistency in implementation.

In addition to warnings and monetary fines, the decree introduces several additional sanctions, including revocation of licenses, temporary suspension of operations, confiscation of exhibits, and deportation of foreign individuals. It also adds remedial measures such as requiring the implementation of safety measures, equipment inspection, withdrawal of service results, and the repair or replacement of structures that do not meet safety standards.

The issuance of Decree 71 takes place in the context of Vietnam gradually preparing for its nuclear power program. Following the National Assembly’s approval to restart the Ninh Thuan nuclear power project, the Government is accelerating institutional improvements, strengthening the management system, and preparing necessary conditions for implementation.

In this context, the decree serves not only as a legal basis for sanctions but also as an important technical safeguard to ensure safety and security throughout the entire atomic energy value chain. At the same time, it imposes increasingly stringent compliance requirements on organizations and individuals, from licensing and operations to risk management.

With significant changes in both sanction levels and regulatory scope, Decree 71 is expected to enhance the effectiveness of state management, foster a safety culture in the atomic energy sector, and establish a foundation for sustainable development in the coming period.

Decision No. 245/QD-TTg of the Prime Minister approving the Planning for the development and application of atomic energy up to 2030, with a vision to 2050, clearly states:

The overall objective for the development and application of atomic energy by 2030 is to complete the legal system, policy mechanisms, and state management apparatus in alignment with international practices; to streamline and upgrade the system of research, application, and training institutions in the atomic energy sector in terms of technical infrastructure and human resource quality, ensuring effective operations; to ensure that key projects are approved and implemented on schedule; to enable certain fields of science, technology, and atomic energy applications to reach advanced levels within the region; and to promote the widespread and effective application of radiation and radioisotopes across various sectors, thereby contributing to improving productivity, quality, and efficiency in production and business, enhancing public health, protecting the environment, and ensuring nuclear safety and security.

It also emphasizes the need to urgently complete and develop national nuclear power infrastructure to support the implementation of the Ninh Thuan nuclear power project, while continuing to study and implement the national nuclear power development program; and to research and establish orientations for promoting the exploration, exploitation, processing, and utilization of radioactive ores in line with Vietnam’s practical conditions.

With a vision to 2050, the application of radiation, radioisotopes, and the development of nuclear power are expected to make significant and effective contributions to socio-economic development, energy security, food security, environmental protection, and sustainable development, while ensuring nuclear safety and security. The level of nuclear science and technology, along with various fields of atomic energy application, is targeted to reach the average level of developed countries; and the country aims to master and gradually achieve self-reliance in advanced technologies and techniques, ensuring that atomic energy applications contribute effectively across economic and social sectors.

According to TẠP CHÍ ĐIỆN TỬ KINH TẾ MÔI TRƯỜNG

Source