Minister of Science and Technology Nguyễn Mạnh Hùng presents a draft law proposal. Photo baodautu.vn

HÀ NỘI — The Vietnamese Government has proposed granting the Prime Minister authority to approve nuclear power plant investment proposals, which currently come under the jurisdiction of the National Assembly (NA), in a draft revision of the Atomic Energy Law. This significant shift is among several updates presented during the 44th session of the NA Standing Committee on April 14, at which the revised legislation was discussed.

Presenting the bill, Minister of Science and Technology Nguyễn Mạnh Hùng said the law was drafted to align with four major policy directions previously endorsed by the Government. These include promoting the development and socialisation of atomic energy applications, ensuring radiation and nuclear safety and security, decentralising state management and enhancing nuclear inspection efforts. It also outlines measures for radioactive waste management as well as responses to radiation and nuclear incidents, and clarifies civil liability for nuclear damages.

The revised law introduces new provisions to advance the digital transformation in radiation safety and nuclear applications, strengthens oversight of radioactive and nuclear materials, and expands Government responsibilities in this area. Notably, the draft stipulates that radiation sources and nuclear materials must be secured in accordance with their level of risk and requires institutions to establish and maintain a robust security culture.

Revisions to the law will also enhance accountability for nuclear facility operators and introduce stricter requirements for the design, construction and technical evaluation of nuclear power plants. These provisions aim to align with the Construction Law, the Ordinance on Protection of Critical National Security Infrastructure and international standards, such as those set by the International Atomic Energy Agency (IAEA). Specific exceptions are also made for the special development needs of the Ninh Thuận nuclear power project.

The draft law proposes the elimination of 25 administrative procedures, representing a 32.9 per cent reduction, to simplify implementation. Administrative details will be specified by Government decree, rather than within the law itself. Provisions regarding national councils on nuclear development, nuclear safety and dedicated nuclear science and technology funds have been removed from the draft.

The most notable and potentially controversial proposal is to transfer authority for nuclear power plant investment decisions from the National Assembly to the Prime Minister. This decentralisation move, justified on grounds of efficiency, has sparked debate. Deputy Prime Minister Nguyễn Chí Dũng acknowledged concerns and said the Government would clarify the legal basis. He suggested a tiered approach, allowing the Prime Minister to approve small- and medium-scale projects, while large-scale projects over 2,000MW would still require NA approval.

In its preliminary review, the NA's Standing Committee on Science, Technology and Environment agreed with the need for the revised law and supported most proposed changes. However, Committee Chair Lê Quang Huy cautioned against permitting individuals and private organisations to establish radiation facilities, especially those producing or processing radioactive materials, due to safety concerns.

Huy also recommended adding provisions requiring foreign-designed nuclear plants and research reactors to be evaluated and approved by their originating country’s nuclear regulatory bodies, while accounting for Việt Nam’s specific safety and security conditions. For domestically designed reactors, the law should include requirements consistent with IAEA safety and security standards, Huy stated. Furthermore, the definition of 'proven technologies' used in the draft must be clarified, especially regarding which authority verifies these technologies.

The revised Atomic Energy Law is scheduled for discussion at the NA’s ninth session, opening on May 5. The outcome of the debate could reshape the future governance of nuclear energy in Việt Nam and determine how the country positions itself in the global energy transition. — VNS