MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE
HA NOI LAW UNIVERSITY
MAC THI HOAI THUONG
NATIONAL RESPONSIBILITY FOR ENSURING NUCLEAR
SAFETY IN ACCORDANCE WITH INTERNATIONAL LAW,
PRACTICE IN SOME COUNTRIES, AND LESSONS
LEARNED FOR VIETNAM
Major : International Law
Code : 62 38 01 08
SUMMARY OF DOCTORAL THESIS ON LAW
HA NOI - 2018
The work has been completed at Ha Noi Law University
Scientific Instructors: Assoc. Prof. Dr. Doan Nang
Reviewer 1: Assoc. Prof. Dr. Hoang Phuoc Hiep
Reviewer 2: Assoc. Prof. Dr. Nguyen Trung Tin
Reviewer 3: Dr. Tran Van Thang
The Thesis was defended at the Doctoral Thesis Evaluation Council at
University level, meeting at Ha Noi Law University
At , on date: , month: , 2018.
The Thesis can be found at National Library of Vietnam
and Library of Ha Noi Law University
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PREFACE
1. Reasons for choosing the subject
A comprehensive, in-depth study of national responsibility for ensuring
nuclear safety is essential for the following reasons:
Firstly, to institutionalize the guidelines and policies related to peaceful
nuclear energy development that the Party and the State have set out in the
Document of the IX National Party Congress of the Party, the socio-
economic development strategy for the 2001-2010 period, with direction:
"Studying the solutions for using nuclear energy" and the Resolution No 20-
NQ/TW dated 01/11/2012 of the Sixth Conference of the Central Committee
of the Party XI on the development of science and technology serving the
cause of industrialization and modernization in the context of the socialist-
oriented market economy and international integration (issued together with
the Government's Resolution No. 46 / NQ-CP dated March 29, 2013).
Secondly, the study clarifies the theoretical and legal basis for the
implementation of national responsibility for ensuring nuclear safety of
nations in general and Vietnam in particular by defining the content and
scope of national responsibility for ensuring nuclear safety. This is an
important basis for studying and evaluating the current situation of the law
and proposing solutions to improve the law to enhance the efficiency of the
implementation of national responsibility for ensuring nuclear safety.
Thirdly, overcome limitations and inadequacies in the Law on Atomic
Energy Vietnam 2008 on national responsibility to ensure nuclear safety. The
plan for amendment and supplementation of the Atomic Energy Law has
been included in the legislative program of the National Assembly term XIII
(Resolution No. 20/2011 / QH13 dated 26/11/2011). The amendment of the
Atomic Energy Law is also a task of the Action Program to implement
Resolution No. 20-NQ / TW dated 01/11/2012 of the sixth meeting of the
Central Committee of Party XI on the development of science and
technology for the cause of industrialization and modernization in the context
of socialist-oriented market economy and international integration.
Although the National Assembly has decided to suspend the Ninh Thuan
nuclear power project in accordance with Resolution No. 31/2016/ QH14 dated
November 22
th
, 2016 of the National Assembly XI, the amendment and
supplement of the Law on Atomic Energy is still a matter of urgency.
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Because of nuclear power in Vietnam, nuclear power applications have been
widely applied in all fields, with increasingly sophisticated technology.
Fourthly, propose solutions to enhance the efficiency of ensuring
nuclear safety for countries ahead of nuclear power development trends in
neighboring countries of Vietnam such as Malaysia, Indonesia, China...
Especially China's nuclear power plants near the territory of Vietnam..
2. Objectives and research tasks
The purpose of the study is to clarify the theoretical and practical issues
of national responsibility for ensuring nuclear safety through in-depth and
comprehensive study of the rules of international law executed in some
typical countries in the world. On that basis, recommendations are made to
improve the law on national responsibility for ensuring nuclear safety in
Vietnam. For the above purpose, the thesis is closely related to the following
research tasks:
Firstly, clarify the theoretical issues of national responsibility for
ensuring nuclear safety, which establishes the definition of national
responsibility for ensuring nuclear safety, defining the characteristics and
scope of national responsibility for ensuring nuclear safety.
Secondly, systematic study of the comprehensive content of international
legal provisions on national responsibility for ensuring nuclear safety. To
assess the advantages, limitations and development trends of the international
law provisions on national responsibility for ensuring nuclear safety..
Third, synthesizing, analyzing, evaluating and enforcing the law of
some typical countries in the world on national responsibility for nuclear
safety, through which draw lessons learned for Vietnam.
Finally, study the Vietnamese legal provisions on national responsibility
for ensuring nuclear safety, thereby confirming the development steps, the
advantages to be developed, and at the same time finding the limitations., the
shortcomings and causes that led to that situation, identify the direction and
solution to further improve the law, improve the effectiveness of law
enforcement in Vietnam on national responsibility to ensure nuclear safety.
3. The object and scope of the thesis’s study
Research subjects include:
- International legal documents and legal documents of some countries
on national responsibility for ensuring nuclear safety.
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- Practical implementation of international law and national legislation
in some countries around the world on national responsibility for ensuring
nuclear safety.
- Practical implementation of Vietnamese laws on national responsibility
for ensuring nuclear safety.
The research scope of the thesis is as follows:
- The thesis does not study the theoretical issues of national
responsibility in the field of atomic energy in general, but rather focuses on
theoretical and practical issues of national nuclear safety responsibility.
- The dissertation does not cover all general legal issues related to
nuclear safety, but rather focuses on the international legal provisions on
national responsibility for ensuring nuclear safety on the basis offvd
implementation of national responsibilities in accordance with international
commitments include: the obligation to apply all measures to prevent nuclear
accidents and the compensation liability of the State for non-infringement of
the responsibility for the application of preventive measures to prevent
nuclear accidents.
- Studying the Vietnamese laws and regulations related to the
implementation of national responsibility for ensuring nuclear safety, thereby
affirming the development steps, the advantages to be promoted and at the
same time finding the limitations, the remaining problems and causes leading
to that reality, determining the specific directions and requirements and
solutions to further perfecting the law of Vietnam..
4. Theoretical and research methodologies
The dissertation is approached according to the methodology of Marxism-
Leninism. For each specific content, the dissertation uses a variety of scientific
research methods such as system approach, historical methods, synthesis
methods, analytical methods, statistical methods, comparative law, combining
theoretical and practical research to provide concrete and feasible solutions.
5. The new contributions of the thesis
Accepting the results of the researches of the previous scientists,
research projects, analysis and some new points as follows:
In theoretical terms: Unlike related research projects in and outside the
country, the thesis approached and analyzed the theoretical basis of the law
on nuclear safety in the following stages: preparation of nuclear facilities,
during the operation of a nuclear facility, terminate the operation of a nuclear
