In the context of sustainable energy development policies and commitments to carbon emission reduction, the objective of achieving carbon neutrality by 2050 has made the reactivation of nuclear power projects an increasingly urgent priority for socio-economic advancement. Nuclear power is a low-emission power source, producing almost zero CO2 during operation, with the capacity to meet substantial electricity demand and operate independently of weather conditions. Therefore, it is considered a crucial energy source for green transition in the power structure.
In this article, BLawyers Vietnam presents 03 notes for implementing nuclear power projects in Vietnam in the future.
1. Selecting a site for nuclear power plant construction
The location of a nuclear power plant shall meet the following basic requirements:
- Assuring safety for local people;
- Assuring safety of operation of the nuclear power plant, taking into consideration the geological and hydrological factors as well as natural disaster, transport and other factors;
- Assuring security for operation of the nuclear power plant; and
- Mitigating consequences after an incident.
According to the Law on Atomic Energy 2008, the selection of a nuclear facility location shall be based on national technical regulations to assure nuclear safety. However, these national regulations are now outdated and need to be updated in line with the criteria set by the International Atomic Energy Agency (IAEA). Key factors to consider include the power supply range, electrical systems for construction, cooling water sources, supplementary freshwater sources, construction location, fault lines, earthquakes, volcanic activity, hurricanes, tornadoes, tsunamis, flooding, prevailing wind directions, transportation systems, proximity to airports, distance from military zones and chemical storage facilities, resettlement and compensation, soil type for construction, and local community support, etc.
The location of a nuclear facility, including a nuclear power plant, shall be approved either (i) prior to applying for a construction permit, or (ii) concurrently with the construction permit application. Accordingly, the nuclear power plant location dossier shall receive approval from the Prime Minister.
2. Nuclear reactor operation license
To load a nuclear reactor with fuel, the nuclear power plant shall first obtain a test operation license. Additionally, the organization operating the nuclear power plant shall prepare a test operation report and a safety analysis report for the nuclear power plant which shall clearly explain any changes in technical specifications and operational limits compared to the design submitted during the construction permit application, and the reports shall be submitted to the radiation and nuclear safety authority.
Subsequently, the radiation and nuclear safety authority will evaluate the test operation report and the safety analysis report of the nuclear power plant and will propose the issuance of an official operating license to the National Nuclear Safety Council for assessment. The Ministry of Industry and Trade will grant the test operation license for the nuclear power plant after receiving input from the Ministry of Science and Technology and the National Nuclear Safety Council.
3. Environmental requirements for nuclear power plant projects
According to the Law on Atomic Energy 2008, the application dossier for the approval of the nuclear power plant construction site requires the inclusion of an environmental impact assessment (“EIA”) report and its appraisal results, as specified in Decree No. 70/2010/ND-CP. Under the Law on Environmental Protection 2020, nuclear power plants are classified as projects that shall conduct an EIA concurrently with the preparation of a feasibility study report or equivalent documentation.
However, the Law on Atomic Energy stipulates the submission of EIA reports multiple times for permit applications at various stages of the nuclear power plant, which conflicts with the Law on Environmental Protection 2020’s requirement for a one-time EIA submission. Additionally, there are differences in the guidance on EIA between Decree No. 70/2010/ND-CP and the Law on Environmental Protection 2020, which may lead to challenges in practical implementation.
Thus, to construct a nuclear power plant, investors shall navigate numerous procedures related to investment, environment, construction, etc. While the requirements for these procedures are stipulated in the Law on Atomic Energy 2008, some regulations are no longer compatible with current laws or advancements in nuclear technology. Therefore, when developing policies to permit nuclear power projects, regulations need to be reviewed and amended to align with the current context, thereby creating a clear framework that encourages investment in the nuclear energy sector.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 19 November 2024
Writer: Chau Dang
