On March 9, the Government issued Decree No. 71/2026/ND-CP regulating administrative sanctions in the field of atomic energy. The Decree takes effect from May 01, 2026, replacing Decree No. 107/2013/ND-CP and partially repealing provisions in Decree No. 126/2021/ND-CP.

According to the Ministry of Science and Technology, the issuance of Decree No. 71/2026/ND-CP aims to complete the legal framework for sanctioning administrative violations in the field of atomic energy, creating a legal basis to deter and strictly handle violations in radiation and nuclear activities that must be controlled. At the same time, it contributes to improving the effectiveness and efficiency of state management, ensuring radiation safety, nuclear safety and security, and serving the peaceful development of atomic energy.

Clarifying the boundary between administrative sanctions and criminal liability

One of the notable new points of the Decree is the clarification of the boundary between administrative violations and criminal offenses in accordance with the Penal Code.

Accordingly, the principle is clearly defined: administrative sanctions shall only be applied to acts that do not reach the level of criminal prosecution. Violations related to: exploration of radioactive minerals without a license or with an expired license; import of radioactive waste; failure to implement prescribed preventive measures leading to radiation or nuclear incidents; failure to properly follow procedures when discharging or releasing radioactive substances or discharging/releasing radioactive substances beyond permitted limits, etc., if there are signs of criminal offenses, must have their dossiers transferred to investigative authorities for criminal handling.

For acts of using, transporting, or storing radioactive sources without a license or with an expired license, competent authorities shall not immediately impose administrative sanctions but must transfer the dossier to the police for consideration of criminal handling. Only when the conduct does not reach the level of criminal liability shall administrative sanctions be applied in accordance with the Decree.

Strong increase in penalties to ensure deterrence

The Decree adjusts and increases fine levels by 1.5 to 2.5 times for most violations compared to previous regulations.

In particular, penalties for the use of radiation equipment and radioactive sources without a license are designed in a differentiated manner, based on the number of devices and the level of hazard of the radioactive sources, thereby ensuring fairness and practical relevance.

The Decree supplements many new groups of violations, focusing on areas that were previously not fully regulated, such as: security of radioactive sources and nuclear materials; operation of nuclear power plants throughout their entire lifecycle; research reactors; data management and digital transformation in the field of atomic energy, etc.

The expansion of the regulatory scope demonstrates the adaptability of the law to technological development and modern management requirements, while also addressing shortcomings and legal gaps in previous regulations.

In addition, Decree No. 71/2026/ND-CP has basically institutionalized prohibited acts, while specifying the responsibilities and obligations of organizations and individuals operating in the field of atomic energy under the Law on Atomic Energy 2025 and its guiding documents, ensuring that no legal gaps remain for violations arising in practice.

The Decree amends and supplements provisions on sanctioning authority and the making of records of administrative violations, clearly defining responsibilities among agencies such as People's Committees at all levels, radiation and nuclear safety management agencies, and relevant functional forces, avoiding overlap in enforcement.

In addition to main sanctioning forms such as warnings and monetary fines, the Decree also adds supplementary penalties such as suspension of licenses, suspension of activities for a definite period, confiscation of exhibits and violating means, and deportation for foreign individuals.

At the same time, many remedial measures are also specifically provided, such as: requiring implementation of safety assurance measures; equipment inspection; retrieval of service results; renovation or replacement of unsafe systems, etc., thereby thoroughly addressing the consequences of violations.

The Ministry of Science and Technology recommends that, with the clarification of the boundary between administrative violations and criminal offenses, many acts previously subject only to administrative sanctions may now be subject to criminal prosecution if sufficient elements constituting a crime are present. Therefore, organizations and individuals must exercise special caution in activities related to the use, transportation, or storage of radioactive sources without a license or with an expired license.

At the same time, the significant increase in fines and the addition of new violations require entities to review and improve internal procedures, ensure full compliance with safety and security conditions, licensing requirements, and other obligations under the law.

For nuclear facilities, especially nuclear power plant projects, comprehensive lifecycle management must be emphasized, fully complying with new requirements for strict control from survey, site evaluation, investment preparation stages to the end of operation.

In addition, regulations related to digital transformation, data, and service activities require organizations and individuals to enhance governance capacity, apply technology, and ensure information security in the field of atomic energy.