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.
