You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 16, 2025

Vietnam Passes Amended Law on Atomic Energy

On June 27, 2025, the National Assembly of Vietnam officially passed the amended Law on Atomic Energy, which will take effect on January 1, 2026. This legislative milestone follows the release of the fourth draft in June 2025, which was circulated for public consultation and builds upon earlier drafts from February, April, and early June. (See our previous article on the draft version here), Many provisions have been retained or refined to ensure greater specificity and alignment with Vietnam’s current legal framework.

Once in force, the amended law will replace the 2008 Law on Atomic Energy (No. 18/2008/QH12), marking a significant step forward in modernizing Vietnam’s legal infrastructure for nuclear energy. The new law aims to harmonize with international standards, promote the safe and sustainable development of nuclear power, and facilitate future nuclear projects in the country.

Noteworthy Updates in the Final Legislation

  • Definition of National Radiation and Nuclear Safety Authority (NRNSA): The law introduces a clear definition of the NRNSA, outlining its roles and responsibilities in line with IAEA standards. Currently, this function is performed by the Vietnam Agency for Radiation and Nuclear Safety (VARANS) under the Ministry of Science and Technology.
  • Digital Transformation Requirements: New provisions mandate the development of an integrated digital platform for data management, administrative procedures, and safety oversight, enhancing transparency and security.
  • Policy Support for Training and Privatization: The law sets out principles for workforce incentives and sector privatization, with detailed regulations to be issued by the government.
  • Dedicated Safety and Security Mechanism: A new section outlines inspection, supervision, violation handling, and enforcement procedures in the field of atomic energy, particularly for nuclear power plants. The NRNSA is empowered to conduct unscheduled inspections, suspend operations, and recommend license revocation when safety risks are identified.

Key Provisions Retained or Clarified from the Draft

  • Licensing and Approval for Nuclear Facilities: The licensing process remains stringent, covering all stages from investment and construction to operation and decommissioning.
  • Reporting and Record-Keeping Obligations: Obligations are clearly defined, including both periodic and ad hoc reports on radiation safety, operations, and nuclear incidents.
  • Training and Human Resource Development: Personnel training and certification remain mandatory, with a strong emphasis on continuous professional development. The state confirms preferential mechanisms for promoting human resources training, scientific advancement, investing in infrastructure, technical equipment, and laboratories for research, and socialization of this sector.
  • International Oversight: Inspectors nominated by the International Atomic Energy Agency (IAEA) must be approved by Vietnamese competent authorities before accessing designated sites under international nuclear non-proliferation agreements to conduct international inspection activities in Vietnam. While conducting inspections, they must comply with national laws and are entitled to privileges and immunities under Vietnamese law and relevant international treaties.
  • Nuclear Damage Compensation: Compensation levels are aligned with international treaties to which Vietnam is a party. In addition, the new law requires nuclear facility investors or operators to obtain insurance or financial guarantees to compensate for nuclear damage. If actual damages exceed the amount insured, the state will provide support for the excess liability. Notably, when applying for an operating license, the investor or operator must submit documentation proving financial capacity for approval by the competent authority.

Next Steps

As of July 15, 2025, the signed version of the amended Law on Atomic Energy has not yet been made publicly available. Once it is released, the government is expected to issue implementing decrees and circulars to guide its application. Stakeholders in the nuclear energy sector should begin reviewing their compliance frameworks and prepare for the transition to the updated legal regime.

RELATED INSIGHTS​ 

May 2, 2018
David Beckstead, a consultant in Tilleke & Gibbins’ corporate and commercial group and a member of the firm’s regional energy and infrastructure practice, has authored an article on “Lessons from Thailand on the Importance of Devising and Implementing Detailed Decommissioning Regimes” for the Oil, Gas & Energy Law Intelligence Journal.  The peer-reviewed academic journal covers laws related to oil, gas, and energy and has been published by Maris BV since 2003.David’s article covers the following topics:
April 12, 2018
The latest edition of Practical Law Company’s Doing Business in … Global Guide includes a chapter on Vietnam written by lawyers from Tilleke & Gibbins’ Ho Chi Minh City and Hanoi offices. The popular guide, produced in association with Lex Mundi, the world’s largest network of independent law firms, provides the ins and outs of establishing and operating a business in more than 50 jurisdictions worldwide.The Vietnam chapter covers the following main topics:
February 28, 2018
As policies are initiated under the Thai government’s Thailand 4.0 initiative, laying the groundwork for economic growth over the next two decades, the country’s energy demands will continue increase. The Ministry of Energy’s Thailand Power Development Plan of 2015 (PDP2015) outlines the framework for dealing with the increase in energy needs, including an expansion of installed electricity generating capacity. The PDP2015 makes it clear that the government sees private investment playing a crucial role in driving this expansion.