Nuclear Security Law of the People's Republic of China

Order of the President of the People's Republic of China No. 73

September 1, 2017

The Nuclear Security Law of the People's Republic of China, adopted at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017, is hereby promulgated, effective from January 1, 2018.

Xi Jinping, President of the People's Republic of China

Nuclear Security Law of the People's Republic of China

(Adopted at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017)

Contents
Chapter I General Provisions
Chapter II Safety of Nuclear Facilities
Chapter III Safety of Nuclear Materials and Radioactive Wastes
Chapter IV Emergency Responses to Nuclear Accidents
Chapter V Information Disclosure and Public Participation
Chapter VI Supervision and Inspection
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 The Law is formulated to safeguard the safety of nuclear energy, prevent and respond to nuclear accidents, use nuclear energy in a safe manner, protect the safety and health of the public and practitioners, protect the ecological environment, and promote sustainable economic and social development.

Article 2 The Law shall apply to the activity of taking sufficient preventive, protective, mitigation and supervisory measures and other safety measures for nuclear facilities, nuclear materials and the relevant radioactive wastes within the territory of the People's Republic of China and other sea areas under China's jurisdiction to prevent the occurrence of any nuclear accident resulting from technical matters, man-made reasons or natural disasters, and minimize radiological consequences in the case of a nuclear accident.
Nuclear facilities refer to:
1. nuclear power plants, including nuclear plants, nuclear heat power plants and nuclear gas or heat supply plants, and nuclear power units;
2. reactors other than nuclear power plants, including research reactors, experimental reactors and critical assemblies;
3. facilities for the cycling of nuclear fuels, including facilities used to produce, process, store, and post-process nuclear fuels; and
4. facilities used to treat, store and dispose of radioactive wastes.
Nuclear materials refer to:
1. uranium-235 and products made from it;
2. uranium-233 and products made from it;
3. plutonium-239 and products made from it;
4. other types of nuclear materials that need to be controlled as required by laws and administrative regulations.
Radioactive wastes refer to the wastes that are generated due to the operation and decommissioning of nuclear facilities, contain radionuclide or are contaminated by radionuclide, have a concentration or specific activity higher than the clearance level determined by the State, and are expected not to be used any longer.

Article 3 The State pursues a rational, coordinated and progressive outlook on nuclear security, pushes for the building of the capacity for nuclear security, and safeguards the healthy development of the nuclear undertaking.

Article 4 The nuclear undertaking must be developed pursuant to the principle of safety.
Nuclear security work must be subject to the principles of safety first, prevention first, definite responsibilities, strict administration, defense in depth, independent regulation and comprehensive safeguards.

Article 5 Operators of nuclear facilities shall take overall responsibility for nuclear security.
The entities that provide equipment, engineering and services for operators of nuclear facilities shall bear the corresponding responsibility.

Article 6 The regulatory department for nuclear security under the State Council shall be responsible for the supervision and administration of nuclear security.
The competent department of the nuclear industry, the competent energy department and other relevant departments under the State Council shall be in charge of the relevant administrative work concerning nuclear security according to their respective responsibilities.
The State has established a coordination mechanism for nuclear security work to coordinate relevant departments for advancing related work in an overall manner.

Article 7 The regulatory department for nuclear security under the State Council shall, in concert with the relevant departments under the State Council, formulate a national plan for nuclear security and organize its implementation upon approval by the State Council.

Article 8 The State insists on establishing a high-standard and strict nuclear security standard system.
The relevant departments under the State Council shall, according to their respective functions and responsibilities, formulate nuclear security standards. Nuclear security standards shall be mandatory standards.
Nuclear security standards shall be revised in due time in light of the economic and social development and scientific and technological progress.

Article 9 The State shall formulate nuclear security policies to enhance the construction of a nuclear security culture.
The regulatory department for nuclear security, the competent department of the nuclear industry and the competent energy department under the State Council shall build a mechanism for nurturing the nuclear security culture.
Operators of nuclear facilities and entities providing them with equipment, engineering and services shall actively create and promote the nuclear security culture to integrate the nuclear security culture into all respects of their production, operation, scientific research and management.

Article 10 The State encourages and supports the research, development and utilization of sciences and technologies concerning nuclear security, enhances the protection of intellectual property rights, and pays attention to training nuclear security talents.
The relevant departments under the State Council shall arrange for special key technical research projects that relate to the safety of nuclear facilities and nuclear materials and to the monitoring and assessment of the radiation environment, while planning the relevant scientific research, and popularize advanced and reliable nuclear security technologies.
Entities such as operators of nuclear facilities, entities providing them with equipment, engineering and services, and scientific research institutions related to nuclear security shall keep developing advanced and reliable nuclear security technologies, make full use of advanced scientific and technological achievements, and improve the level of nuclear security.
The State Council, people's governments of provinces, autonomous regions and municipalities directly under the Central Government as well as the relevant departments thereof shall, in accordance with the relevant provisions, commend and award any entities or individuals that have made important contributions to scientific and technological innovations.

Article 11 No entity or individual shall jeopardize the safety of nuclear facilities or nuclear materials.
Any citizen, legal person or other organization enjoys the right to access information about nuclear security in accordance with the law, and has the right to claim compensation after suffering nuclear damage according to the law.

Article 12 The State shall redouble its efforts to safeguard the safety of nuclear facilities and nuclear materials.
Operators of nuclear facilities shall establish and improve a security safeguard system and take safeguard measures to protect nuclear facilities and nuclear materials from any destruction, damage or theft.

Article 13 The State shall organize and carry out international communication and cooperation on nuclear security, improve the mechanism for international cooperation in nuclear security, prevent and respond to any threat of nuclear terrorism, and perform obligations under the international conventions concluded or acceded to by the People's Republic of China.

Chapter II Safety of Nuclear Facilities

Article 14 The State shall design plans on the selection and construction of nuclear facilities as a whole based on the scientific rationale, in order to make the layout reasonable in this regard.
The State shall exercise classified administration of nuclear facilities in accordance with the nature, risk levels and other factors of nuclear facilities.

Article 15 An operator of nuclear facilities shall be capable of safeguarding the safe operation of nuclear facilities, and meet the following conditions:
1. have an organization and management system and other regimes on quality assurance, safety management and post responsibilities that meet the requirements for nuclear security;
2. employ a prescribed number of qualified professional technicians and management staff;
3. possess security assessment, resource allocation and financial capacity that are compatible with the safety of nuclear facilities;
4. have access to necessary technical support for nuclear security and be capable of making improvement continuously;
5. possess the capacity to respond to emergencies and the financial capacity to guarantee compensation for nuclear damage; and
6. other conditions as prescribed by laws and administrative regulations.

Article 16 Operators of nuclear facilities shall, in accordance with the laws, administrative regulations and standards, set up an in-depth defense framework for nuclear facilities, and effectively guard against threats caused by any technical matters, man-made reasons or natural disasters, so as to ensure the safety of nuclear facilities.
Operators of nuclear facilities shall evaluate the safety of nuclear facilities on a regular basis and be subject to the review of the regulatory department for nuclear security under the State Council.

Article 17 Operators of nuclear facilities and entities providing them with equipment, engineering and services shall establish and implement a quality assurance system and effectively guarantee the quality of equipment, engineering and services, ensuring that the performance of such equipment meets the nuclear security standards and such engineering and services meet the relevant requirements on nuclear security.

Article 18 Operators of nuclear facilities shall strictly control exposure to radiation to ensure the protection of relevant personnel from being exposed to radiation that exceeds the upper dose limit set by the State and ensure that radiation exposure is maintained at a reasonable and practicable level and as low as possible.

Article 19 An operator of nuclear facilities shall monitor the type and concentration of radionuclides in the environment around nuclear facilities and the total amount of radionuclides in effluent from nuclear facilities, and regularly report the monitoring results to the competent departments of environmental protection under the State Council and under the people's government of the province, autonomous region or municipality directly under the Central Government where it is located.

Article 20 Operators of nuclear facilities shall, in accordance with the relevant provisions of the State, formulate a training plan and carry out education and skills training with regard to nuclear security for their practitioners.
They shall also provide their practitioners with access to necessary labor protection and occupational health checks, in order to ensure the safety and good health of their practitioners.

Article 21 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall protect the sites identified in the State planning to be used for building important nuclear facilities such as nuclear power plants, but shall not change their purpose of use within the planning period.
People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall delimit the planned restricted areas around important nuclear facilities, such as nuclear power plants, and enable such restriction to take effect upon approval of the regulatory department for nuclear security under the State Council.
It shall be prohibited to construct any facility for the production or storage of flammable, explosive and corrosive materials or any densely-populated place, which may threaten the safety of nuclear facilities, within such planned restricted areas.

Article 22 The State has established a licensing system for the safety of nuclear facilities.
To select a site for a nuclear facility or construct, operate or decommission a nuclear facility, an operator of nuclear facilities shall apply for a license to the regulatory department for nuclear security under the State Council.
The request proposed by an operator of nuclear facilities to change the conditions prescribed in the licensing documents shall be reported to and approved by the regulatory department for nuclear security under the State Council.

Article 23 An operator of nuclear facilities shall conduct a scientific evaluation regarding such factors as geology, earthquake, meteorology, hydrology, environment and population distribution; if the technical evaluation requirements on nuclear security have been satisfied, such operator may submit the safety analysis report on a site selected for nuclear facilities to the regulatory department for nuclear security under the State Council which will then review such report and issue opinions on the review of such site selected for nuclear facilities provided that such report conforms to the requirements on nuclear security.

Article 24 The design of nuclear facilities shall meet the nuclear security standards, be made through scientific and appropriate structures, systems, equipment parameters and technical requirements, and provide diversified protections and multiple shields, in order to guarantee the reliable and stable operation of nuclear facilities, make them easy to operate and ensure their conformity with the requirements on nuclear security.

Article 25 Prior to the construction of a nuclear facility, the operator of such nuclear facility shall file an application for construction with the regulatory department for nuclear security under the State Council by submitting the following materials:
1. an application for constructing a nuclear facility;
2. a report on preliminary safety analysis;
3. documents on environmental impact assessment;
4. quality assurance documents; and
5. other documents required by laws and administrative regulations.

Article 26 Once the license for constructing a nuclear facility is obtained, the operator of such nuclear facility shall ensure that the overall performance of such nuclear facility meets the requirements of nuclear security standards.
The license for constructing a nuclear facility shall be valid for up to a decade. Where the extension of the validity period is required for construction upon the expiration thereof, an application for extension shall be submitted to the regulatory department for nuclear security under the State Council for review and approval. However, the following circumstances are exceptional, provided that the evaluation shows no existence of any safety risks,
1. where the construction of a nuclear facility is postponed as a result of national policies or acts;
2. where the nuclear facility is constructed for scientific research purposes;
3. where the nuclear facility is constructed as a model project; and
4. where the nuclear facility is constructed for the purpose of spent fuel reprocessing.
A nuclear facility shall be tested once the construction is completed to verify whether it satisfies the design requirements on nuclear security.

Article 27 Before charging nuclear facilities for the first time, an operator of nuclear facilities shall file an application for operation with the regulatory department for nuclear security under the State Council by submitting the following materials:
1. an application for operation of nuclear facilities;
2. a report on ultimate safety analysis;
3. quality assurance documents;
4. emergency plans; and
5. other documents required by laws and administrative regulations.
The operator of nuclear facilities, after obtaining the operation license, shall operate nuclear facilities pursuant to the requirements stated on the license.
The validity period of a nuclear facility operation license shall be the designed service life of a nuclear facility. Within the validity period of the operation license, the regulatory department for nuclear security under the State Council may make reasonable adjustments to the matters prescribed in the operation license in accordance with the laws, administrative regulations and new nuclear security standards.
An operator of nuclear facilities shall, if intending to adjust the following matters, report it to the regulatory department for nuclear security under the State Council for approval:
1. important structures, systems and equipment based on which the operation license is issued;
2. operational limits and conditions; and
3. procedures and other documents concerning nuclear security that have been approved by the regulatory department for nuclear security under the State Council.

Article 28 If a nuclear facility operation license expires but the relevant nuclear facilities are required to continue functioning, the operator of the nuclear facilities shall, within five years before the expiry of such license, file an application for extension with the regulatory department for nuclear security under the State Council which will then expound on and verify whether the relevant nuclear facilities satisfy the nuclear security standards. Such nuclear facilities shall not continue to operate until the regulatory department for nuclear security under the State Council has issued an approval after the review.

Article 29 Once the operation of nuclear facilities is terminated, the operator of the nuclear facilities shall carry out the shutdown management in a safe manner, guarantee safety in the shutdown period, and ensure basic functions, technicians and documents needed for the decommissioning.

Article 30 Before decommissioning a nuclear facility, the operator of the nuclear facilities shall apply for decommissioning to the regulatory department for nuclear security under the State Council by submitting the following materials:
1. an application for decommissioning of nuclear facilities;
2. a report on safety analysis;
3. documents on environmental impact assessment;
4. quality assurance documents; and
5. other documents required by laws and administrative regulations.
While decommissioning a nuclear facility, the operator of nuclear facilities shall treat and dispose of all radioactive materials at the site where such nuclear facility is situated according to principles of being reasonable, practicable and as low as possible, and reduce the radioactivity of its structures, systems and equipment to a degree that meets the standards.
After a nuclear facility has be decommissioned, the competent department of environmental protection of a province, autonomous region or municipality directly under the Central Government where the nuclear facility is located shall organize activities to monitor the varieties and concentration of the radionuclides contained at the nuclear facility location and in its nearby environment.

Article 31 Nuclear facilities shall be imported pursuant to the laws, administrative regulations and standards on nuclear security of the People's Republic of China, and such importation shall be reported to, and reviewed and approved, by the regulatory department for nuclear security under the State Council.
Nuclear facilities shall be exported pursuant to the provisions on export controls over nuclear facilities of the People's Republic of China.

Article 32 The regulatory department for nuclear security under the State Council shall, in accordance with statutory conditions and procedures, organize a review of security technologies related to an application for a license for the safety of nuclear facilities, and decide to issue the license according to the law within 20 days of the date when the technical review is completed, provided that the application satisfies the requirements on nuclear security.
The regulatory department for nuclear security under the State Council shall, while reviewing and approving an application for a license for constructing or operating a nuclear facility, solicit comments from both the relevant departments of the State Council and the people's government of the province, autonomous region or municipality directly under the Central Government where such nuclear facility is located, which shall give a reply within three months.

Article 33 When the regulatory department for nuclear security under the State Council organizes a review of security technologies, it shall entrust a technical support entity, which has no relationship of interest to the entity applying for a license, to carry out technical reviews. The entrusted technical support entity shall be responsible for the authenticity and accuracy of any conclusion it draws in respect of technical reviews.

Article 34 The regulatory department for nuclear security under the State Council shall form a committee of nuclear security experts which will give advisory opinions on its nuclear security decision-making.
Comments shall be solicited from the committee of nuclear security experts at the time of formulating the plans and standards on nuclear security or making technical decisions on major security issues concerning nuclear facilities.

Article 35 The State shall establish a nuclear security reporting system for operators of nuclear facilities. And specific measures shall be formulated by the relevant departments of the State Council.
The relevant departments of the State Council shall establish an experience feedback regime for nuclear security and deal with reported information on nuclear security in a timely manner so as to realize information sharing.
Operators of nuclear facilities shall establish an experience feedback system for nuclear security.

Article 36 An entity providing the design and manufacture of and installation and non-destructive tests for nuclear security equipment used for nuclear facilities shall apply for a license to the regulatory department for nuclear security under the State Council. A foreign institution that provides the design and manufacture of and installation and non-destructive tests for nuclear security equipment used for nuclear facilities shall apply for registration to the regulatory department for nuclear security under the State Council.
The regulatory department for nuclear security under the State Council shall perform security inspections according to the law of any imported nuclear security equipment.

Article 37 Such personnel with special techniques as personnel operating nuclear facilities, and welders or non-destructive testing personnel for nuclear security equipment shall obtain the corresponding qualification certificates in accordance with the relevant provisions of the State.
Operators of nuclear facilities and entities providing the manufacture of and installation and non-destructive tests for nuclear security equipment used for nuclear facilities shall employ the personnel who have obtained the corresponding qualification certificates to engage in work related to professional skills for the safety of nuclear facilities.

Chapter III Safety of Nuclear Materials and Radioactive Wastes

Article 38 To hold nuclear materials, an operator of nuclear facilities and other related entities shall legally obtain a permit for such purpose in accordance with the prescribed conditions, and take the following measures to prevent nuclear materials from being stolen, destroyed, lost, illegally transferred or illegally used and ensure the safe and legal use of nuclear materials:
1. establish specific institutions or specifically appoint certain persons to take care of nuclear materials;
2. establish a balance system for nuclear materials and maintain the balance of payments for nuclear materials;
3. set up a physical protection system that is compatible with the protection level of nuclear materials;
4. establish an information confidentiality system and adopt security measures; and
5. other measures required by laws and administrative regulations.

Article 39 Entities that manufacture, store, transport and post-process spent fuels shall take measures to ensure the safety of spent fuels and bear responsibilities for the nuclear security of the spent fuels they hold.

Article 40 Radioactive wastes shall be treated by category.
Low- and medium-level radioactive wastes shall be subject to near-surface or medium-depth disposal at the places that meet the requirements on nuclear security as stipulated by the State.
High-level radioactive wastes shall be subject to centralized deep geological disposal exclusively carried out by the entities designated by the State Council.

Article 41 Operators of nuclear facilities and entities treating and disposing of radioactive wastes shall conduct the minimization and innocuous treatment and disposal of radioactive wastes to ensure the permanent safety thereof.

Article 42 The competent department of the nuclear industry under the State Council shall, in concert with the relevant departments of the State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government, prepare the plan for selecting sites used for the disposal of low- and medium-level radioactive wastes, and shall organize its implementation of such plan upon approval by the State Council.
The competent department of the nuclear industry under the State Council shall, in concert with the relevant departments of the State Council, prepare the plan for selecting sites used for the disposal of high-level radioactive wastes, and shall organize its implementation of such plan upon approval by the State Council.
The construction of the sites used for the disposal of radioactive wastes shall be in line with the requirements on the development of nuclear energy.

Article 43 The State has established a licensing system for the administration of radioactive wastes.
Entities specialized in the treatment, storage and disposal of radioactive wastes shall apply for a license to the regulatory department for nuclear security under the State Council.
Where an operator of nuclear facilities treats and stores the radioactive wastes it has produced in treatment and storage facilities that are constructed in conjunction with nuclear facilities, it is not required to apply for a license.

Article 44 An operator of nuclear facilities shall treat the radioactive solid wastes and the radioactive effluent that cannot be discharged upon purification it has produced so as to convert them into stable and standardized solid wastes, and then transfer such solid wastes to the entities engaged in the disposal of radioactive wastes for disposal in a timely manner.
It shall also treat the radioactive exhaust gas it has produced to meet the radioactive pollution prevention and control standards of the State, before discharging it into the air.

Article 45 Entities engaged in the disposal of radioactive wastes shall dispose of radioactive wastes received in accordance with the radioactive pollution prevention and control standards of the State.
Entities engaged in the disposal of radioactive wastes shall establish recording files of information on the disposal of radioactive wastes, and record faithfully the sources, quantity, properties and storage locations of radioactive wastes and other matters relating to disposal activities. The recording files shall be kept permanently.

Article 46 The State has established a system for closing down disposal facilities for radioactive wastes.
Where any disposal facility for radioactive wastes falls under any of the following circumstances, the procedures for close-down shall be performed according to the law and the designated area must be marked with signs permanently:
1. where the designed service life expires;
2. where the amount of disposed radioactive wastes has reached the designed capacity;
3. where major changes to the geological structure or hydrogeological conditions at the locality of such facility result in inappropriateness for such disposal facility to be used for disposing of radioactive wastes any longer; or
4. other circumstances where such disposal facility shall be closed down as required by laws and administrative regulations.

Article 47 Before closing down disposal facilities for radioactive wastes, an entity engaged in the disposal of radioactive wastes shall prepare the safety monitoring plan for the closedown of disposal facilities for radioactive wastes and submit the same to the regulatory department for nuclear security under the State Council for approval.
A safety monitoring plan shall include the main contents as follows:
1. persons responsible for safety monitoring and their responsibilities;
2. expenses for safety monitoring;
3. safety monitoring measures; and
4. safety monitoring period.
After the closedown of disposal facilities for radioactive wastes, entities engaged in the disposal of radioactive wastes shall monitor the safety in accordance with the approved safety monitoring plans; and upon approval of the regulatory department for nuclear security under the State Council in concert with the relevant departments of the State Council, hand over such facilities to people's governments of provinces, autonomous regions and municipalities directly under the Central Government for monitoring and administration.

Article 48 Operators of nuclear facilities shall pay the spent fuel treatment and disposal fees as required by the State, and include such fees in their production costs.
Operators of nuclear facilities shall draw in advance fees set aside for decommissioning nuclear facilities and treating radioactive wastes, include these fees in the estimated investment budget and production costs, and let these fees only be used to decommission nuclear facilities and treat radioactive wastes. Specific measures in this regard shall be formulated by the department of finance and the competent price authority under the State Council, in concert with the regulatory department for nuclear security, the competent department of the nuclear industry, and the competent energy department under the State Council.

Article 49 The State shall implement classified administration for the transportation of nuclear materials and radioactive wastes, and take effective measures to ensure the safety of transportation.

Article 50 The State shall guarantee the highway, railway and waterway transportation, etc. of nuclear materials and radioactive wastes, while the relevant departments of the State Council shall enhance their administration of highway, railway and waterway transportation, etc. and roll out specific safeguards.

Article 51 The competent department of the nuclear industry under the State Council shall be responsible for coordinating activities concerning the transportation and administration of spent fuels and supervise the relevant security measures.
Public security organs shall supervise the physical protection of nuclear materials and radioactive wastes transported on roads, and handle accidents that may threaten the safe transportation of nuclear materials and radioactive wastes in accordance with the law. Where nuclear materials or radioactive wastes are transported by road, the transportation shall be reported to and approved by the public security organ of the people's government at or above the county level at the point of departure under the required authority; if materials to be transported are spent fuels or high-level radioactive wastes, such transportation shall be reported to the public security organ of the State Council for approval.
The regulatory department for nuclear security under the State Council shall be responsible for approving the application for a license for containers used for the transportation of nuclear materials and radioactive wastes.

Article 52 Shippers of nuclear materials or radioactive wastes shall take effective measures for radiation protection and security safeguarding in the transportation, and be responsible for nuclear security in the transportation.
Shippers of spent fuels or high-level radioactive wastes shall submit the relevant analysis reports on nuclear security to the regulatory department for nuclear security under the State Council, and may carry out transportation activities after such reports have been approved upon review.
Carriers of nuclear materials or radioactive wastes shall obtain the transportation qualifications as required by the State according to the law.

Article 53 Where this Law does not provide for relevant affairs regarding the transportation of nuclear materials or radioactive wastes by road, railway, waterway, etc., provisions stipulated in applicable laws, administrative laws and rules on the transportation of radioactive items and hazardous goods shall apply.

Chapter IV Emergency Responses to Nuclear Accidents

Article 54 The State has set up an emergency coordination committee for nuclear accidents to organize and coordinate emergency administration of nuclear accidents nationwide.
People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, based on their actual needs, set up an emergency coordination committee for nuclear accidents to organize and coordinate emergency administration of nuclear accidents within their respective administrative regions.

Article 55 The competent department of the nuclear industry under the State Council shall undertake the routine work of the National Emergency Coordination Committee for Nuclear Accidents, take the lead in formulating the national emergency plan for nuclear accidents, and organize the implementation of the emergency plan upon approval by the State Council. A membership entity of the National Emergency Coordination Committee for Nuclear Accidents shall, in accordance with the arrangements made in the national emergency plan for nuclear accidents, prepare its own emergency plan for nuclear accidents and submit the same to the competent department of the nuclear industry under the State Council for the record.
The departments designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall undertake the routine work of emergency coordination committees for nuclear accidents, formulate off-site emergency plans for nuclear accidents within their respective administrative regions, and organize the implementation of the emergency plans upon approval by the National Emergency Coordination Committee for Nuclear Accidents.
An operator of nuclear facilities shall be responsible for formulating its own on-site emergency plan for nuclear accidents, and submit the same to the competent department of the nuclear industry and competent energy department under the State Council as well as the departments designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.
The Chinese People's Liberation Army and the Chinese Armed Police Force shall, in accordance with the provisions of the State Council and the Central Military Commission of the People's Republic of China, formulate the emergency plans for nuclear accidents in support of local governments within their own systems and submit the same to the competent department of the nuclear industry under the State Council for the record.
Entities formulating emergency plans shall timely revise their emergency plans based on actual needs and situation changes.

Article 56 An operator of nuclear facilities shall, in accordance with the emergency plan, outfit itself with emergency equipment, carry out training and drills for emergency working personnel and be fully prepared for any emergency.
The departments designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government where nuclear facilities are located shall conduct activities with respect to the popularization of knowledge on emergency responses to nuclear accidents, and organize the relevant enterprises, public institutions and communities to carry out emergency drills for nuclear accidents in accordance with the emergency plans.

Article 57 The State shall set up an emergency reserve system for nuclear accidents to ensure that the funds needed for emergency preparedness for and responses to nuclear accidents are available. Administrative measures for emergency reserves for nuclear accidents shall be formulated by the State Council.

Article 58 The State shall implement the administration by level of emergency response to nuclear accidents.
In the event of a nuclear accident, an operator of nuclear facilities shall, in accordance with the requirements set out in the emergency plan, make emergency responses to mitigate the consequences resulting from the accident, immediately inform the competent department of the nuclear industry and the regulatory department for nuclear security under the State Council as well as the department designated by the people's government of the province, autonomous region or municipalities directly under the Central Government concerned of the status of the related nuclear facilities, and make suggestions on off-site emergency responses as needed.

Article 59 The National Emergency Coordination Committee for Nuclear Accidents shall, in accordance with the arrangements made in the national emergency plan for nuclear accidents, organize and coordinate the relevant departments under the State Council, local people's governments, and operators of nuclear facilities to carry out emergency rescue in the case of a nuclear accident.
The Chinese People's Liberation Army and the Chinese Armed Police Force shall carry out emergency rescue in the case of a nuclear accident in accordance with the provisions of the State Council and the Central Military Commission of the People's Republic of China.
Operators of nuclear facilities shall give support to emergency responses in accordance with the requirements on emergency rescue in the case of a nuclear accident.

Article 60 The competent department of the nuclear industry under the State Council or the departments designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for releasing information as to emergency responses to nuclear accidents.
The National Emergency Coordination Committee for Nuclear Accidents shall coordinate the international notification of emergency responses to a nuclear accident and the international rescue in an overall manner.

Article 61 People's governments at various levels as well as the relevant departments thereof and operators of nuclear facilities shall, in accordance with the relevant provisions and authorization of the State Council, organize and carry out such work as resuming operations and evaluating losses after a nuclear accident.
Investigations and treatment of a nuclear accident shall be carried out by the State Council or its authorized departments.
Investigations and treatment of off-site emergency responses to a nuclear accident shall be carried out by the State Council or the institutions designated by it.

Article 62 Emergency responses to the transportation of nuclear materials and radioactive wastes shall be incorporated into the off-site emergency plans for nuclear accidents or the emergency plans for radiation formulated by those provinces, autonomous regions and municipalities directly under the Central Government through which the transportation path passes. When a nuclear accident occurs, the people's government of the province, autonomous region or municipality directly under the Central Government where the accident occurs shall be responsible for making emergency responses.

Chapter V Information Disclosure and Public Participation

Article 63 The relevant departments of the State Council and the departments designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government where nuclear facilities are located shall disclose information concerning nuclear security in accordance with the law within the scope of their respective duties.
The regulatory department for nuclear security under the State Council shall publish the administrative licensing in respect of nuclear security according to the law as well as the safety supervision and inspection reports on nuclear security-related activities, the overall safety status, the quality of the radiation environment, nuclear accidents and other information.
The State Council shall regularly report nuclear security conditions to the Standing Committee of the National People's Congress.

Article 64 Operators of nuclear facilities shall make public their own nuclear security management systems as well as related documents, safety status of nuclear facilities, radiation monitoring data for effluent and the surrounding environment, annual reports on nuclear security and other information. Specific measures shall be formulated by the regulatory department for nuclear security under the State Council.

Article 65 The nuclear security-related information to be disclosed in accordance with the law shall be released to the public in a timely manner by means of government announcements, websites and other means making such information easily accessible by the public.
Citizens, legal persons and other organizations may, in accordance with the law, apply for access to nuclear security-related information to the regulatory department for nuclear security under the State Council and the departments designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government where nuclear facilities are located.

Article 66 An operator of nuclear facilities shall solicit comments on major nuclear security matters involving public interests from the relevant interested parties through questionnaires, hearings, demonstration meetings or symposiums or in other forms, and give feedback via proper means.
For major matters concerning nuclear security that affect public interests, people's governments of provinces, autonomous regions and municipalities directly under the Central Government where nuclear facilities are located shall seek comments from the relevant interested parties by holding hearings, demonstration meetings or symposiums or in other forms, and give feedback via proper means.

Article 67 An operator of nuclear facilities shall carry out publicity campaigns of nuclear security via the following means:
1. make nuclear facilities accessible to the public in an orderly manner, on the premise that the safety of nuclear facilities is guaranteed;
2. carry out educational activities on nuclear security through cooperation with schools among their students;
3. set up sites to popularize nuclear security, and print and distribute publicity materials on nuclear security; and
4. other means required by laws and administrative regulations.

Article 68 Citizens, legal persons and other organizations have the right to report any practice that has any potential nuclear security hazard or violates nuclear security-related laws or administrative regulations to the regulatory department for nuclear security under the State Council or other relevant departments.
No citizen, legal person or other organization may make up or disseminate any false information on nuclear security.

Article 69 The disclosure of any government information that involves any state secret, trade secret or private data shall be subject to the relevant provisions of the State.

Chapter VI Supervision and Inspection

Article 70 The State shall establish a supervision and inspection system for nuclear security.
The regulatory department for nuclear security under the State Council and other relevant departments shall supervise and inspect the compliance of entities engaged in nuclear security activities with nuclear security-related laws, administrative regulations, rules and standards.
The regulatory department for nuclear security under the State Council may set up local offices in areas where nuclear facilities are concentrated. The regulatory department for nuclear security under the State Council or its local offices shall dispatch supervisors and inspectors to sites where nuclear facilities are constructed, operate, or are decommissioned to supervise and inspect their nuclear security.

Article 71 The regulatory department for nuclear security under the State Council and other relevant departments shall step up their efforts to build their capacity for supervising and administering nuclear security and improve the level of nuclear security supervision and administration.
The regulatory department for nuclear security under the State Council shall organize and carry out the research and development of regulation techniques for nuclear security, and maintain the technical evaluation capacity that is appropriate for the supervision and administration of nuclear security.

Article 72 The regulatory department for nuclear security under the State Council and other relevant departments have the right to take the following measures, while supervising or inspecting nuclear security:
1. enter the site for monitoring, inspection or verification;
2. have access to the relevant documents, materials and records;
3. survey the relevant personnel and ask them for information; and
4. request rectification of the site if any issue is found.
The regulatory department for nuclear security under the State Council and other relevant departments shall prepare a report for the information gathered during supervision and inspection, and have such report kept in archives.

Article 73 Regarding the supervision and inspection conducted by the regulatory department for nuclear security under the State Council and other relevant departments in accordance with the law, entities engaging in nuclear security activities shall provide cooperation, truthfully explain the situation and provide necessary materials, without refusing or obstructing such supervision and inspection.

Article 74 Supervisors and inspectors for nuclear security shall be faithful to their duties, be diligent and responsible, and enforce laws in an impartial way.
Supervisors and inspectors for nuclear security shall have the corresponding expertise and work experience for supervision and inspection activities, and receive training on a regular basis.
Supervisors and inspectors for nuclear security shall present their valid certificates when conducting supervision and inspection tasks, and maintain the confidentiality of state secrets, trade secrets and private data they come to know in accordance with the law.

Chapter VII Legal Liability

Article 75 In the case of any violation of the Law, which is under any of the following circumstances, the persons-in-charge and other persons directly held liable shall be punished according to the law:
1. the regulatory department for nuclear security under the State Council or any other relevant department fails to examine or approve an application for a license in accordance with the law;
2. any relevant department of the State Council or any department designated by the people's government of the province, autonomous region or municipality directly under the Central Government where a nuclear facility is located fails to disclose information concerning nuclear security in accordance with the law;
3. the people's government of the province, autonomous region or municipality directly under the Central Government where a nuclear facility is located fails to seek comments from the relevant interested parties with regard to a major nuclear security matter that involves public interests;
4. the regulatory department for nuclear security under the State Council or any other relevant department fails to prepare a report on the information gathered during supervision and inspection, or have such report kept in archives;
5. supervisors and inspectors for nuclear security fail to present their valid certificates when conducting supervision and inspection tasks, or to maintain the confidentiality of state secrets, trade secrets or private data they come to know in accordance with the law; or
6. the regulatory department for nuclear security under the State Council or any other relevant department or any relevant department of people's governments of provinces, autonomous regions and municipalities directly under the Central Government abuses its power, neglects its duties or engages in malpractices for personal gains.

Article 76 Where the Law is violated by endangering the safety of nuclear facilities or nuclear materials, or making up or disseminating false information on nuclear security, which constitutes a violation of public security administration, the public security organ concerned shall impose a punishment for violation of public security administration in accordance with the law.

Article 77 In the case of any violation of the Law, which is under any of the following circumstances, the regulatory department for nuclear security under the State Council or other relevant departments shall order the party concerned to effect rectification and give it a warning; impose a penalty of more than CNY200,000 but less than CNY1, 000,000 if the case is serious; and order it to suspend construction or production for corrective measures if it refuses to effect rectification,
1. an operator of nuclear facilities fails to set up an in-depth defense framework for nuclear facilities;
2. an operator of nuclear facilities or any entity providing it with equipment, engineering and services fails to establish or implement a quality assurance system;
3. an operator of nuclear facilities fails to control exposure to radiation as required;
4. an operator of nuclear facilities fails to establish an experience feedback system for nuclear security; or
5. an operator of nuclear facilities fails to solicit comments on major nuclear security matters involving public interests from the relevant interested parties.

Article 78 Where the Law is violated due to a facility for the production or storage of flammable, explosive and corrosive materials or a densely-populated place, which may threaten the safety of nuclear facilities, being constructed within the planned restricted areas, the regulatory department for nuclear security under the State Council shall order the party concerned to dismantle such facility or place within a certain time limit and restore the original conditions before the construction, and impose a penalty of not less than CNY100,000 but not more than CNY500,000.

Article 79 Where the Law is violated due to an operator of nuclear facilities falling under any of the following circumstances, the regulatory department for nuclear security under the State Council shall order the operator of nuclear facilities to effect rectification and impose on it a penalty of not less than CNY1 million but not more than CNY5 million; order it to cease construction or production for corrective measures, if it refuses to effect rectification; confiscate illegal gains, if any; order the operator of nuclear facilities to take treatment measures to eliminate pollution within a certain time limit if any environmental pollution is caused; and if the operator of nuclear facilities refuses to take the required measures within the certain time limit, designate a qualified entity to take such measures on behalf of the operator of nuclear facilities and make the operator of nuclear facilities bear all the expenses incurred; as well as impose a penalty of not less than CNY50,000 but not more than CNY200,000 on the persons-in-charge and other persons directly held liable:
1. engaging in activities such as construction, operation or decommissioning of nuclear facilities without permission;
2. changing the conditions prescribed in a license document without permission;
3. continuing to operate nuclear facilities without examination and approval, after the nuclear facility operation license has expired; or
4. importing nuclear facilities without examination and approval.

Article 80 Where the Law is violated due to an operator of nuclear facilities falling under any of the following circumstances, the regulatory department for nuclear security under the State Council shall order the operator of nuclear facilities to effect rectification and give it a warning; impose a penalty of not less than CNY500,000 but not more than CNY2,000,000 if the circumstance is serious; order the operator of nuclear facilities to take treatment measures to eliminate pollution within a certain time limit if any environmental pollution is caused; and, if the operator of nuclear facilities refuses to take the required measures within the certain time limit, designate a qualified entity to take such measures on behalf of the operator of nuclear facilities and make the operator of nuclear facilities bear all the expenses incurred:
1. the operator of nuclear facilities fails to evaluate the safety of nuclear facilities on a regular basis, or refuses to accept the review of the regulatory department for nuclear security under the State Council;
2. the operator of nuclear facilities fails to carry out shutdown management in a safe manner, or ensure the basic functions, technicians and documents needed for decommissioning, after the operation of nuclear facilities is terminated;
3. the operator of nuclear facilities fails to reduce the radioactivity of structures, systems or equipment to a degree that meets the applicable standards, while decommissioning a nuclear facility;
4. the operator of nuclear facilities fails to convert the radioactive solid wastes or the radioactive effluent that cannot be discharged upon purification that it has produced into stable and standardized solid wastes, or transfer such solid wastes to an entity engaging in the disposal of radioactive wastes for treatment in a timely manner; or
5. the operator of nuclear facilities fails to treat the radioactive exhaust gas that it has produced, or discharges radioactive exhaust gas that does not comply with the radioactive pollution prevention and control standards of the State.

Article 81 Where the Law is violated due to an operator of nuclear facilities failing to monitor the varieties or concentration of radionuclides contained in the environment nearby nuclear facilities, or the total amount of radionuclides contained in fluids discharged by nuclear facilities, or failing to report the monitoring results in accordance with certain provisions, the competent department of environmental protection under the State Council or under the people's government of the province, autonomous region or municipality directly under the Central Government where it is located shall order it to effect rectification and impose on it a penalty of more than CNY100,000 but less than CNY500,000.

Article 82 Where the Law is violated due to an entrusted technical support entity drawing any false conclusion in respect of a technical evaluation, the regulatory department for nuclear security under the State Council shall impose a penalty of not less than CNY200,000 but not more than CNY1,000,000 on the entrusted technical support entity; confiscate illegal gains, if any; and impose a penalty of not less than CNY100,000 but not more than CNY200,000 on the persons-in-charge and other persons directly held liable.

Article 83 In the case of any violation of the Law, which is under any of the following circumstances, the regulatory department for nuclear security under the State Council shall order the party concerned to effect rectification and impose on it a penalty of not less than CNY500,000 but not more than CNY1,000,000; confiscate illegal gains, if any; and impose a penalty of not less than CNY20,000 but not more than CNY100,000 on the persons-in-charge and other persons directly held liable:
1. the design or manufacture of or installation or non-destructive test for nuclear security equipment used for nuclear facilities is provided without permission; or
2. without registration, a foreign institution provides the design or manufacture of or installation or non-destructive test for nuclear security equipment used for domestic nuclear facilities.

Article 84 Where the Law is violated due to the employment by an operator of nuclear facilities or an entity providing the manufacture of and installment and non-destructive tests for nuclear security equipment of any person without the corresponding qualification certificates to engage in the work related to the professional skills for the safety of nuclear facilities, the regulatory department for nuclear security under the State Council shall order the operator or entity to effect rectification and impose on it a penalty of not less than CNY100,000 but not more than CNY500,000; temporarily seize or revoke the license of the operator or entity if it refuses to effect rectification; and impose a penalty of not less than CNY20,000 but not more than CNY100,000 on the persons-in-charge and other persons directly held liable.

Article 85 Where the Law is violated by holding nuclear materials without permission, the competent department of the nuclear industry under the State Council shall confiscate the nuclear materials held illegally, and impose a penalty of not less than CNY100,000 but not more than CNY500,000; and confiscate illegal gains, if any.

Article 86 Where the Law is violated under any of the following circumstances, the regulatory department for nuclear security under the State Council shall order the entity engaged in the disposal of radioactive wastes to effect rectification and impose on it a penalty of not less than CNY100,000 but not more than CNY500,000; impose on it a penalty of not less than CNY500,000 but not more than CNY2,000,000 if the circumstance is serious; order the entity engaged in the disposal of radioactive wastes to take treatment measures to eliminate pollution within a certain time limit if any environmental pollution is caused; and, if the engaged entity in the disposal of radioactive wastes refuses to take the required measures within the certain time limit, designate a qualified entity to take such measures on behalf of the engaged entity in the disposal of radioactive wastes and make the engaged entity in the disposal of radioactive wastes bear all the expenses incurred:
1. carrying out activities related to the treatment, storage and disposal of radioactive wastes without a license;
2. failing to establish files recording the information on the disposal of radioactive wastes, failing to record faithfully the matters relating to disposal activities, or failing to keep such files permanently;
3. failing to go through the formalities for closing down a disposal facility for radioactive wastes that shall be closed down according to the law;
4. failing to mark the designated area where a closed disposal facility for radioactive wastes is located with signs permanently;
5. failing to prepare the safety monitoring plan for the closedown of disposal facilities for radioactive wastes; or
6. failing to monitor the safety of the disposal facilities for radioactive wastes after they have been closed down according to the approved safety monitoring plan.

Article 87 Where an operator of nuclear facilities violates the Law by falling under any of the following circumstances, the regulatory department for nuclear security under the State Council shall order it to effect rectification and impose on it a penalty of not less than CNY100, 000 but not more than CNY500, 000; and impose a penalty of not less than CNY20, 000 but not more than CNY50, 000 on the persons-in-charge and other persons directly held liable:
1. failing to formulate the on-site emergency plan for nuclear accidents in accordance with the relevant provisions;
2. failing to outfit itself with emergency equipment, or failing to carry out training or drills for emergency working personnel in accordance with the emergency plan; or
3. failing to give support to emergency responses in accordance with the requirements on emergency rescue in the case of a nuclear accident.

Article 88 Where the Law is violated due to the failure of an operator of nuclear facilities to disclose the relevant information in accordance with the relevant provisions, the regulatory department for nuclear security under the State Council shall order the operator of nuclear facilities to effect rectification; and, if the operator of nuclear facilities refuses to do so, impose a penalty of not less than CNY100, 000 but not more than CNY500, 000.

Article 89 Where the Law is violated due to an entity engaging in nuclear security activities refusing or obstructing the supervision and inspection carried out by the regulatory department for nuclear security under the State Council or other relevant departments according to the law, the regulatory department for nuclear security under the State Council or other relevant departments shall order the entity to effect rectification, and may impose on it a penalty of not less than CNY100,000 but not more than CNY500,000; if the entity refuses to do so, the public security organ concerned shall temporarily seize or revoke its license; where the act of the entity constitutes a violation of public security administration, the public security organ concerned shall impose a punishment for violation of public security administration in accordance with the law.

Article 90 Where a nuclear accident results in casualties, causes damage to others' property, or leads to harm to the environment, the operator of nuclear facilities shall bear compensation liability in accordance with the national liability system for nuclear damage, unless it is proved that such damage or harm is attributed to any war, armed conflict, riot, etc.
The entities that provide equipment, engineering and services for operators of nuclear facilities shall not bear compensation liability for nuclear damage. Where an operator of nuclear facilities has reached an agreement with such entity in this regard, such entity may claim repayment according to the agreement, after it has assumed the compensation liability.
Operators of nuclear facilities shall make proper arrangements in regard to financial insurance by purchasing liability insurance, becoming a member of the mutual aid mechanism, etc., in order to ensure the possibility to fulfill their liability for compensation for nuclear damage in a timely and effective manner.

Article 91 Where any party violates the Law, which constitutes a crime, its criminal liability shall be investigated according to the law.

Chapter VIII Supplementary Provisions

Article 92 Measures for the nuclear security of military projects and affairs shall be formulated separately by the State Council and the Central Military Commission of the People's Republic of China according to the principles provided by the Law.

Article 93 For the purpose of the Law, the following terms are defined as follows respectively:
A nuclear accident refers to a radioactive, poisonous, explosive or other harmful accident or a series of accidents that arises from nuclear fuels used in nuclear facilities, radioactive products or wastes, or nuclear materials loaded into or taken out from nuclear facilities.
Defense in depth refers to the prevention against the occurrence of a nuclear accident and the mitigation of the consequences of a nuclear accident by setting up a series of progressive and mutually independent protective and mitigation measures or physical shields.
An operator of nuclear facilities refers to an entity within the territory of the People's Republic of China which applies for or holds a license for the safety of nuclear facilities and is allowed to engage in and operate nuclear facilities.
Nuclear security equipment refers to the equipment that is used for nuclear facilities and functions to ensure nuclear security, including mechanical and electronic equipment for nuclear security.
Spent fuels refer to the nuclear fuels irradiated inside the reactor core and discharged from the core permanently.
Shutdown refers to a condition where nuclear facilities stop running and will not be started again.
Decommissioning means that the measures, such as decontamination, demolition and elimination, are taken to enable the radiation dose of a site or equipment that is no longer used for nuclear facilities to meet the relevant national standards.
Experience feedback refers to the acts to summarize and popularize the experience of good practices through collecting, screening, evaluating, analyzing, processing and distributing information on nuclear facilities, such as relevant events, quality issues and good practices, so as to prevent the repeated occurrence of any similar event or issue.
A shipper refers to an entity within the territory of the People's Republic of China whose application for the transportation of consigned goods is approved.

Article 94 The Law shall come into force as of January 1, 2018.