J. Energy Power Sources Vol. 2, No. 3, 2015, pp. 123-130 Received: January 7, 2015, Published: March 30, 2015 Journal of Energy and Power Sources www.ethanpublishing.com Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants Luu Nam Hai and Bui Thi Thuy Anh Vietnam Agency for Radiation and Nuclear Safety (VARANS), 113 Tran Duy Hung, Hanoi, Vietnam Corresponding author: Luu Nam Hai (Lnhai@varans.vn) Abstract: Vietnam is embarking the use of nuclear power to meet its growing electricity demand. With this in mind, during 2012-2014 Vietnam will be enhancing its Atomic Energy Law to address the increased scope and complexity of activities that a nuclear power program requires. This includes the assurance of the regulatory framework to be consistent with international requirements and guidance related to the independence and capability of the Nuclear Regulatory Body. During this process, it is important to share international experiences and practices, receive support and cooperation within organizations and individuals in Vietnam who are responsible for promoting and overseeing nuclear power development. This will allow them to build upon the lessons learnt from implementing different national approaches to establish the safety infrastructure, especially to enhance the technical competencies and effective independence of Nuclear Regulatory Body. Vietnam Agency for Radiation and Nuclear Safety (VARANS), as the recognized nuclear regulatory body of Vietnam, performs the technical and safety assessments that undergird in all decision-making process for licensing and overseeing the construction, operation, maintenance, and decommissioning of nuclear power reactors. Following the roadmap decided by the Vietnamese government, VARANS is developing its nuclear regulatory system and safety infrastructure to meet the international requirements in regulating the Nuclear Power Plants (NPP) in which safety assessment competencies are put in high consideration. Keywords: Nuclear regulatory system, safety infrastructure, Vietnam, regulating the nuclear power plants. 1. Introduction Vietnam has firmly committed itself to the utilization of the atomic energy for the electricity production and given this energy option an important role to play in the national energy mix. The National Assembly has already approved to start the construction of the first two NPPs of 4000 MWe in total by 2014 and launch its commission in 2020. During the period from 2021 to 2030, ten more NPPs are expected to put into operation or under construction to respond to the fast growing national electricity demand. In order to effectively start the construction of the first NPPs by 2014-2015, to successfully license these facilities and to commission the first unit by 2020, Vietnam needs to build the national nuclear regulatory system and nuclear power infrastructure in full accordance with the international best practice, specially to meet the IAEA requirements. Vietnam also needs to develop human resources for the management of the nuclear power programme, for the licensing of all construction steps and for the operation of the nuclear power units, including other related activities such as site qualification, electricity grid infrastructure development, and public acceptance and communication. At the national level, Vietnam has already established a national steering committee chaired by the Vice Prime Minister to coordinate the nuclear power programme, to address policy and strategic matters, and has also allocated adequate funds for the various activities related to this important national development objective.
124 Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants It is expected that the Vietnam is on the right way to achieve the required conditions and to meet the infrastructural requirements to support the effective introduction of the first NPPs as welll as to make a sound planning for future nuclear power units. 2. Nuclear Power Project in Vietnam Vietnam has been considering nuclear power as an option of energy supply since the 1980s. In 2002, the Prime Minister established the Governmental Steering Committee for the Development of Nuclear Power in Vietnam, and on 3rd January 2006, Prime Minister approved the Long-term Strategy on Peaceful Use of Atomic Energy up to 2020 [1] which aims to introduce the first NPP by 2020. In 2007, for the first time, a Master Plan on Implementing Strategy on Peaceful Use of Atomic Energy up to 2020 was approved by the Prime Minister [2]. To implement the Long-term Strategy, Vietnam s Atomic Energy Law was passed by the National Assembly on 3rd June 2008 [3]. In 2009, Vietnam National Assembly approved the project to construct the first two Vietnam NPPs in Ninh Thuan Province including 4 units with productivity of approximately 4,000 MW which shall be in commercial operation by 2020. Following, on 17th June 2010, the Prime Minister approved the Directive Plan on Development of Nuclear Power in Vietnam up to 2030. Subsequently, by 2030, Vietnam will make effort to have 14 units into operation with total productivity of approximately 15,000 MW, making up to approximately 10% of total electricity productivity [4]. The first NPP Ninh Thuan 1 is selected to apply the Russian technology and the second one is Japanese technology. Fig. 1 shows the roadmap for the first NPP of Vietnam. 3. State Management System in Nuclear Energy Fig. 2 shows the relevant organizations in the nuclear power program. The role of each Ministry in the nuclear power programme implementation is defined by the Master Plan as well as Article 14 of Atomic Energy Law as follows: Ministry of Science and Technology (MOST): Establishment of the general programme for nuclear energy development and application; Ministry of Industry and Trade (MOIT): Establishment of plans for the specific programme for nuclear power application; Ministry of Construction (MOC): Establishment of the specific programme for radioactive waste storage and disposal. 3.1 NEPIO NEPIO-like Steering Committee was established in 2002 and developedd the Long-term Strategy in 2006. Inter-Agency Working Group (WG) was established for monitoring of Master Plan in 2007 [2]. Re-establishment of NEPIO was issued under the Decision of Prime Minister 1, (NEPIO-like establishment). Fig. 2 energy. State management system in the field of nuclear Fig. 1 Roadmap of 1st NPP in Vietnam. 1 No. 580/QĐ-TTg on 4th May 2010 named Decision on the Establishment of the National Steering Committee of the Ninh Thuan NPP Project.
Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants 125 The Prime Minister Decision No 684/QĐ-TTg, 7th June 2012 revised and added the Article 3 of Decision 580/QĐ-TTg on the Establishment of the National Steering Committee of the Ninh Thuan NPP Project. Before that, the Regulation of Operation of the National Steering Committee of the Ninh Thuan NPP Project was implemented 2. The NEPIO on behalf of the Prime Minister is responsible for the direction, control and supervision the implementation of the preparation of the Ninh Thuan NPP projects. The NEPIO is authorized by the Prime Minister to decide mechanism, policy and solve specific problems in implementing various projects and other tasks related to the construction of legal systems and national nuclear power infrastructure, etc to ensure the project implementation in schedule and good quality. The NEPIO members include: Chairman: Deputy Prime Minister; Vice Chairmen: Ministers of three different Ministries, Chairman of Ninh Thuan People s Committee and Chairman of National Assembly s Committee on Science, Technology and Environment; Members: Other 14 Vice Ministers or equivalent. Funds for operation of the NEPIO are included in the cost of the Ninh Thuan NPP project. Assigning specific responsibilities for the NEPIO members, the Office of the NEPIO and technical groups are also established. 3.2 National Regulatory Body With the duties and responsibilities of the National Regulatory Body (NRB) assigned in the Vietnam Atomic Energy Law, the Vietnam Agency for Radiation and Nuclear Safety (VARANS) should be responsible for almost the governmental parts of the nuclear safety infrastructure including development of NRB and its TSOs. It should also be responsible for the development of legal framework and technical capacity for radioactive waste management, spent fuel 2 No. 93/QĐ-TTg, 17th Jan 2011: Decision of Prime Minister on the Regulation of Operation of the National Steering Committee of the Ninh Thuan NPP Project. management, preparedness and response for a nuclear or radiological emergency, transport of nuclear materials, environmental radioactivity monitoring, matters relating to nuclear security, implementation of nuclear related international treaties, education and training activities on nuclear safety and security, and research activities on nuclear and radiation safety and security. 3.3 Regulatory System in the Field of Nuclear Energy The existing regulatory framework in Vietnam is rather complex. Various Ministries and the Prime Minister have roles in licensing and overseeing the construction, operation, maintenance, and decommissioning of nuclear power reactors (Figs. 1-3) [5]. The Prime Minister is responsible for site approval; MOST issues the construction permits; MOIT issues the operation licenses; VARANS, as the recognized regulatory authority in Vietnam, performs the technical and safety assessments that undergird each of these decisions; MONRE (Ministry of Natural Resources and the Environment) is responsible for the environmental reviews for new nuclear power projects; MOC is responsible for construction related approvals and activities; MPS (Ministry of Public Security) is responsible for security and safeguards at the nuclear facilities; MND (Ministry of National Defense), NSRC (National Search and Rescue Committee) and MOH (Ministry of Health) have responsibilities for emergencies and accidents response at nuclear facilities. Identifying the interfaces among these organisations makes it challenging to understand who have the responsibilities and authorities for licensing, constructing, operating, and decommissioning NPPs. Further, as noted in the IAEA IRRS Mission in 2009, there is a potential conflict of interest because within MOST, MOIT and MONRE are regulatory bodies that are involved in regulating, promoting, and operating radiation and nuclear facilities (Fig. 3). Similarly, the IAEA INIR Mission in 2009 made recommendations
126 Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants upgrading to become able to discharge specific functions of technical and managerial significance to the nuclear power programme [6]. There is an apparent need to clearly define the role of different TSOs in both VARANS and VINATOM, and this requires crucial attention immediately. Fig. 3 Involved organizations in the licensing system. that Vietnam should ensuree that the regulatory body is responsible for licensing and is effectively independent from entities responsible for nuclear power promotion. Even with the recommendations from the IRRS and INIR missions, it continues to be VARANS challenges to gain support for legislative changes that would provide it with the authority, resources and independencee it needs to meet international guidance and requirements for a technical competent, robust, and effectively independent regulatory authority. 3.4 Technical Support Organizations (TSOs) With regard to Technical Support Organizations (TSOs) for nuclear power, radiation safety, assessment and verification, there is increasing demand for the establishmentt of the TSOs, especially when the first NPP in Vietnam is put into commissioning and commercial operation, the demand will be much higher than it is now. VARANS is planning to develop its own resource of TSO aiming at advising the Minister of Science and Technology on matters related to nuclear safety, security and safeguards. On the other hand, in Vietnam Atomic Energy Institute (VINATOM), there have been several operational centres which are expected to play significant role in the nuclear power programme. These include the Institute for Nuclear Science and Technology (INST), the Institute for Technology of Radioactive and Rare Elements (ITRRE), the Nuclear Research Institute (NRI), the Non-Destructiv ve Evaluation Centre (NDE), the Centre for Nuclear Techniques in Ho Chi Minh City (CNT), and the Nuclear Training Centre. These centres are in need for 4. Legal Framework Development 4.1 Current Status Vietnam is developing a legal framework needed for the nuclear safety infrastructure, including: The Law on Atomic Energy, No. 18/2008/QH12, issued in June 2008; Governmental Decree on Sanctions against Administrative Violations in Field of Atomic Energy, No. 111/2009/NĐ-CP, issued in November 2009; Decree on detailing and guiding a number of articles of the Law on Atomic Energy, No. 07/2010/NĐ-CP, issued in January 2010; Decree on detailing and guiding a number of articles of the Law on Atomic Energy regarding NPPs, No. 70/2010/NĐ-CP, issued in June 2010; Ministerial Circular on Fees and Charges in Field of Atomic Energy, No. 76/2010/TT-BTC, issued in May 2010; Ministerial Circular on Inspection Specializing in Radiation and Nuclear Safety, No. 19/2010/TT-BKHCN, issued in December 2010; Ministerial Circular on nuclear safety criteria and requirements for site selection of NPPs, No. 28/2011/ TT-BKHCN, issued in October 2011; Regulations on SAR, design and construction permit are being developed; Technical standards (for radiation safety, nuclear safety, safety management) are being developed, for example: hazards for NPP; aspectss for site of NPP; of transport, radioactive waste (1) Technical Standard on evaluation of seismic (2) Technical Standard on evaluation of geotechnical (3) Technical Standard on evaluation of meteorology
Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants 127 for NPP; (4) Technical Standardd on evaluation of external human induced events for NPP; (5) Technical Standard on evaluation of dispersion of radioactive material in air and water and considerationn of population distribution for NPP. 4.2 Approach VARANS is responsible for drafting the legal documents and organizing nuclear safety assessment in the all phases of roadmap for the nuclear power program. At present, VARANS is using the approach which uses IAEA documents as the first reference sources in developing the legal documents. VARANS is working closely with experts to request the consultancy from developed nuclear countries. These consultant activities are in framework of the VARANS bilateral cooperation with its partners such as JNES of Japan, Rostechnadzor of Federal of Russia, USNRC of USA as well as with international organizations, specially support and assistance from IAEA. Fig. 4 shows the VARANS approach in developing the legal documents in which the pyramid structure of IAEA is applied. The IAEA requirements will be studied to be used in building the circulars and IAEAA Guides is refered to the Technical Standards in Vietnam legal system. Besides, regulatory documents from exporting countries as Federal of Russia and Japan are studied in developing the specific regulations or expected to apply directly. Fig. 4 Legal documents in Vietnam. 5. Regulatory Infrastructure & Human Resource Development Currently, the human resource development is considered as one of the most important targets to enhance the nuclear safety infrastructure in Vietnam. Human resource development is to meet requirements of the effective, safe and application of nuclear energy, ncluding: completing legal framework; developing technical standards and regulations; improving state management strengthening capacity of research and development, technical support, security. In fact, Vietnam Government recognizes the importance of ensuring sufficient qualified personnel for the first NPP. In its Decision No. 1558/QD-TTg dated 18 August 2010 on the approval of the Master Planning on Formation and Development of Human Resources in the nuclear safeguards, safety and field of Atomic Energy, the Government commits itself to allocate an adequate budget for human resource development mechanisms and policies to attract high qualified specialists, building infrastructure, laboratories for research, and local and overseas training. secure system; through At present, agencies such as VARANS, VINATOM and Vietnam Electricity (EVN) have planned to develop their human resources based on their own approaches according to their demand and their role in the nuclear power programme. As such, one of the challenges in the human resource development of Vietnam is the absence of an action plan to implement the above mentioned human resource development strategy for a nuclear power programme in project management, safety assurance as well as research, development and technical support. Recognizing the importance of human resource of Nuclear Regulatory Body of Vietnam (VARANS) at this time, VARANS has made a great effort to develop its own technical experts throughh IAEA s assistance, international cooperation activities, support from the regulatory body and other organizations from the
128 Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants exporting countries such as JNES, Rostechnadzor. Below are examples of systematic training programs that VARANS has been participating in: (1) IAEA Norwegian-funded Extra Budgetary Program, Pilot Program on Strengthening of Nuclear Safety Assessment Competence through the Global Safety Assessment Network Organized five Essential Knowledge Trainings, five Relap 5 Trainings, and three trainings on Risk Spectrum; (2) JNES Training Program in nuclear safety assessment organized: Two Basic Training Courses in 2 months (Totally 30 participants); three Intensive Training Courses in two months (Totally seven participants); two Training Courses on the SAR review; (3) Rostechnadzor Training Course in using the computer code for nuclear safety assessment Totally six participants studied in one months; (4) Rosatom Basic Training Course in nuclear safety Totally 11 participants in 15 weeks; (5) Rosatom specialized training on regulation development Totally five participants studied in four months; (6) US NRC organized five Training Workshops on reactor safety, nuclear executive for nuclear power program, codes and standards, construction permit, PSA Level 1, reviewing site application and site oversight. 6. Enhancement of State Management System in Nuclear Safety and Security Intergrated Regulatory Review Service (IRRS) and Intergrated Nuclear Infrastructure Review (INIR) missions were conducted in Vietnam in 2009. Numbers of recommendations were made from two missions. However, Vietnam continues to face significant challenges to develop neccessary legislation that would provide a nuclear regulatory system and safety infrastructure to regulate the nuclear power program, especially support an effectively independent and technically competent Nuclear Regulatory Body that has the authority, resources, and independence needed to discharge its regulatory responsibilities, consistent with international requirements and guidance. Based on these recommendations, it is essential to consider the re-establishment of NEPIO with appropriate staff and budget in order to start the construction of NPP as scheduled. Key functions of NEPIO should include: (1) to monitor, coordinate and steer the overall infrastructure development in Phase 2; (2) human resources development planning and coordination among different relevant organizations to address all areas of nuclear infrastructure; (3) to ensure that roles and responsibilities of all the key organisations are defined and implemented. Moreover, it is also an important mission to revise the Atomic Energy Law in the Phase 2 of the nuclear power program. This activity needs to be conducted in two years 2013-2014. The objectives of revising mission should focus on the regulatory body system which needs to be integrated, enhancement of the role, duty and functions of VARANS. As the Nuclear Regulatory Body, VARANS strictly receives recommendations from the IAEA s IRRS mission in 2009 which mentioned that: (1) VARANS should be strengthened without delay its human, financial resources, and technical capability to meet immediate needs for regulating both existing activities and, in particular, for the introduction of nuclear power; (2) VARANS should be provided with adequate technical expertise to conduct independent review and assessment, both now and in the future. Taking into account the lesson learnt from the Fukushima accident, VARANS is studying the good practice to develop a project to build the competence, robust and effective independent regulatory body, consistent with international requirements and guidance. This project, namely Enhancement of Technical Capacity for the Vietnam Regulatory Body, is designed to concentrate on strengthening technical support capability of the Nuclear Regulatory Body with the establishment of independent and competent
Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants 129 Director General Management Office Oboad Div. of Administration and Personnel Center on Nuclear Safety Div. of Planning and Finance Center on Nuclear Security and Safeguards Div. of Registration and Licensing Center on Information of Nuclear Safety and Security Resident Inspection Office at the NinhThuan Nuclear Power Plant Regulator s Inspectorate Div. of Legislation and Policy Div. of International Cooperation Training Center National Center on Preparedness and Emergency Response Center on Technical Support for Inspection Coordinator Center for Emergency Response Ninh Thuan Off-Site Center National Center on Radiation Safety and Environmental Monitor Research Center for Radiation Protection Regional Center at Ho Chi Minh City, Da Lat, Da Nang Fig. 5 Organizational structure of new nuclear regulatory body in Vietnam (expected). technical support organization to carry out nuclear safety analysis, verification and assessment of site approval, NPP design and construction licensing; management of environmental radioactivity monitoring system; verification and calibration of related equipments; building the technical capability of radiological and nuclear emergencies response, radioactive waste and spent fuel management. Besides, it will be also considered to build the technical capability for transport of nuclear materials, radiation and nuclear security, implementation of nuclear related international treaties, education and training activities on nuclear safety and security, research activities on nuclear and radiation safety and security. This project is expected to be submitted for approval to the Vietnamese Government within 2013 and it is hoped that it will contribute to the improvement of the governmental part of the nuclear safety infrastructure and support for the successful implementation of Ninh Thuan 1, 2 NPP Project. The model of the new Vietnam Regulatory Body and its TSO are expected to include both administrative sectors and technical support sectors (Fig. 5). Following this project design, VARANS needs to have a plan to recruit and train about 500 staff members including personnel for its own TSO during next 5 years. 7. Conclusions Taking the recommendations from the IRRS and INIR missions, Vietnam continues to face significant challenges to make needed changes that would provide the necessary nuclear safety infrastructure to support an effectively independent and technically competent regulatory body that has the authority, resources and independence needed to discharge its regulatory responsibilities, consistent with international requirements and guidance.
130 Developing the Nuclear Regulatory System and Safety Infrastructure in Vietnam Meeting the International Requirements in Regulating the Nuclear Power Plants To implement the evolution in the nuclear safety infrastructure development, Vietnam, particularly the Nuclear Regulatory Body as VARANS needs support and assistance from member countries to provide experiences in conducting the international requirements and guidance on nuclear regulatory organisation independence and competencies, to share insights on what it means to be a technically competent, robust, and effectively independent nuclear regulatory organisation, to share good practices used by other nuclear regulators and share differences in approaches to regulate the safe and secure use of nuclear power. It is evident that Government of Vietnam needs to revise the necessary legislation and even much more support (funding and staffing), particularly for Nuclear Regulatory Body (VARANS) to build a sufficiently independent and technically competent nuclear regulatory authority. This is a significant challenge to the existing organisational structure for Vietnam s nuclear power programme development that may require a shift in thinking/philosophy of the Vietnamese government and its people. Given the substantial commitment to nuclear power expressed by the Vietnamese government, it is recommended that the international nuclear community continues to strongly support Vietnam which should encourage the Vietnamese government to allocate needed resources, authority, and responsibility to Nuclear Regulatory Body to establish itself as an effectively independent and technically competent regulatory body, consistent with the IAEA Safety Standards. References [1] Strategy on peaceful use of atomic energy up to 2020, Prime Minister Decision No. 01/2006/QD-TTg, Government Office, January 3, 2006. [2] Master Plan on implementing strategy on peaceful use of atomic energy up to 2020, Prime Minister Decision No. 114/2007/QD-TTg, Government Office, July 23, 2007. [3] Atomic energy law 2008, National Assembly, June 25, 2008. [4] Directive plan on development of nuclear power in Vietnam up to 2030, Prime Minister Decision No. 906/QD-TTg, Government Office, June 17, 2010. [5] G. Russel, Mission summary in: Regulatory cooperation forum mission to Hanoi, Vietnam, June, 2012. [6] Vietnam country program framework (CPF) 2010-2015, Ministry of Science and Technology of Vietnam and International Atomic Energy Agency cooperation, February 22, 2011.