The Vietnamese government is in the process of amending the Law on Atomic Energy, originally issued in 2008, to harmonize with several newly enacted laws, establish a comprehensive regulatory framework governing nuclear energy in Vietnam, and serve as a legal basis to foster the implementation of ongoing and future nuclear projects in the country.
The Ministry of Science and Technology has been assigned to lead the drafting of the amended Law on Atomic Energy. The second draft of the amended law (the “Draft”) was released in late February 2025 for public consultation to gather feedback from the community and stakeholders.
Key Points
The Draft introduces new regulations to ensure high standards of safe and secure use of nuclear materials, radioactive sources, medical and industrial irradiation, mining and processing of radioactive ores, and radioactive waste management, as well as requirements for enhancing capacity to prepare for and respond to radiation incidents and nuclear incidents. In addition, the Draft emphasizes environmental protection, public health in nuclear energy projects, and support for development and advancing nuclear technology capabilities in Vietnam together with enhancing international cooperation in this field.
Below are some key points of the Draft:
- Approval and licensing requirements for nuclear facilities: The Draft requires investors or owners of nuclear facilities to obtain several permits and approvals as regulated by the government before implementation of construction or operation.
- Reporting obligations: In addition to periodic reports on operations, safety measures, and compliance with regulations, nuclear facilities are required to make, maintain, and update a number of their regular records related to radiation and nuclear safety for ad hoc reports when required by the competent authorities. In this respect, any incidents or deviations from standard procedures must be reported immediately to the relevant authorities.
- Training and certification: Personnel working in nuclear facilities as described by the law must undergo rigorous training and obtain certification to ensure they are qualified to handle nuclear materials and equipment. In addition, continuous professional development and training programs are required to maintain certification.
- Environmental protection: The Draft emphasizes the importance of minimizing the environmental impact of nuclear energy projects. Facilities must implement measures including environmental impact assessment and environmental radiation monitoring around nuclear facilities to manage and dispose of nuclear waste safely and sustainably.
- New regulations on nuclear safeguards: In addition to the Vietnam Agency for Radiation and Nuclear Safety (VARANS), which is the national focal point for inspection and examination of nuclear activities, an international inspector appointed by the International Atomic Energy Agency (IAEA) can be approved to implement the inspection to verify compliance with international treaties on non-proliferation of nuclear weapons and nuclear safeguards to which Vietnam is a party.
- Consistent level of compensation for nuclear damage: The total compensation amount for nuclear damage is regulated to be consistent with the provisions of international treaties on civil liability for nuclear damage to which Vietnam is a party.
Outlook
The Draft is expected to be submitted to the National Assembly for comments at its 9th session in May 2025. Given the strict requirements and conditions for nuclear facilities regarding safety, environmental protection, and public health, comprehensive and detailed guidance will need to be clearly defined in subordinate legislation, including decrees and circulars, after the Draft is revised, passed, and approved for promulgation.
Stakeholders in the nuclear energy sector should review the Draft and provide feedback during the consultation process. It is essential to stay informed about the new legal requirements and ensure compliance with the updated regulations.
