In a draft revision of the Atomic Energy Law, the Vietnamese Government has proposed granting the Prime Minister authority to approve NPP investment proposals, which currently come under the jurisdiction of the National Assembly. This is among several updates presented during the 44th session of the Assembly Standing Committee during which the revised legislation was discussed.
Presenting the bill, Minister of Science & 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 NPPs. 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.
In February, during the second session of the Steering Committee for Nuclear Power Plant Construction, Vietnam’s Prime Minister Phạm Minh Chính requested competent authorities to accelerate the development of the Ninh Thuan project. In November 2024, the 13th Party Central Committee had agreed to restart the Ninh Thuận projects and to continue researching the nuclear power programme.
The Ninh Thuận 1 and 2 nuclear power projects had previously completed feasibility studies by design consultants, but had not been approved. As a result, a proposal was drafted to include these projects in the Government’s nuclear power development policy scenario.
The Ninh Thuận 1 NPP project was a collaboration with Russia, which had completed and handed over the site approval documents and the English version of the feasibility study report at the end of December 2013. The Ninh Thuận 2 NPP project was a joint effort with Japan, which had completed and handed over the site approval documents and feasibility study report in 2014. The Ninh Thuan nuclear project was initially approved by the 12th National Assembly in 2009 but suspended in 2016.
The draft law proposes the elimination of 25 administrative procedures, representing a 32.% 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 NPP 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 2,000 MWe would still require Assembly approval.
In its preliminary review, the National Assembly Standing Committee on Science, Technology & 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 Assembly’s ninth session, starting on 5 May.
