On 10 December 2025, the Government of Vietnam promulgated Decree No. 316/2025, effective January 01, 2026, detailing the implementation of the Law on Atomic Energy 2025 with respect to nuclear power plants and research reactors. It introduces robust requirements on investment approval, siting, design, construction, safety oversight, trial operation, operation, and decommissioning. Among others, below are key insights:

Investment Approval Framework for Nuclear Power Plants

Investment Policy Approval

Investors must prepare dossiers for investment policy approval in accordance with laws on investment, public investment, nuclear energy, and technology transfer etc.

Pre-Feasibility / Feasibility Requirements

Project documentation must include:

• Proposed scale, capacity, infrastructure
• Site justification and preliminary safety assessment
• Nuclear technology selection basis
• Environmental and socio-economic impact assessments

Siting Requirements and Safety Oversight

Extensive site surveys are required, covering seismicity, geology, hydrology, meteorology, and external hazards. Re-evaluation is mandated when hazard data changes or project capacity increases.
Investors must submit quality management documentation and standards to regulators 10 working days before commencing site surveys.

Licensing and Oversight for NPP Construction

Construction Permit

Construction of a nuclear power plant requires a permit supported by:

• Approved safety analysis
• Environmental approval
• Detailed design documentation
• Nuclear security plan
• Emergency response plan

Appraisal Process

• The Ministry of Science and Technology (MoST) leads safety appraisal.
• The Ministry of Industry and Trade (MoIT) appraises grid-related matters.
• Security-related elements are appraised with participation from the Ministry of Public Security (MPS) and Ministry of National Defence (MoD).
• The National Radiation and Nuclear Safety Agency presides over to coordinate with relevant agencies under the MPS and the MoIT to appraise the design contents related to radiation safety, nuclear safety, and nuclear security.

Construction Oversight & Suspension

Authorities may suspend or halt construction when designs deviate from approved safety requirements or when safety/security risks are detected. Suspension decisions must be reported to the Prime Minister.

Trial Operation of Nuclear Generating Units

General Requirements

Trial operation must comply with an approved program verifying system performance, safety mechanisms, and radiation protection readiness.

Licensing and Oversight

A trial-operation license is required, with inspection and safety supervision during all phases.

Investor Responsibilities

Investors must execute trial operation, monitor and collect performance data, and submit a full trial-operation report for MoST appraisal.

Operation of Nuclear Power Plants

Operating License Requirements

Operators must demonstrate:

• Updated safety analysis
• Adequate radiation protection
• Environmental monitoring systems
• Emergency preparedness
• Personnel qualifications and organizational capability

Environmental Radiation Monitoring

Operators must implement continuous monitoring of air, water, soil, and food; deploy early-warning systems connected to the national monitoring network; ensure calibration; and transmit real-time data to regulators.

Regular Safety Reporting

Operators must submit annual safety reports detailing license compliance, deviations, radiation incidents, monitoring results, and maintenance activities. A comprehensive safety reassessment must be conducted every 10 years.

Decommissioning of Nuclear Power Plants

Decommissioning Plan and Licensing

Operators must prepare a decommissioning plan, radiation-waste plan, and environmental remediation plan.

Safety Oversight

MoST may suspend decommissioning activities when safety concerns arise, with resumption allowed only upon written approval.

Final Shutdown Recognition

MoST inspects the final state and formally recognizes completion of decommissioning, releasing the operator from safety obligations.

Small Modular Reactors (SMRs)

Dedicated SMR framework

• Investment policy, siting, design, construction and trial operation follow general NPP rules with SMR-specific requirements issued by MoST.
• Trial operation and operating requirements apply mutatis mutandis.
• Decommissioning requirements for SMRs follow similar principles as noted above.

Research Reactors

A parallel regulatory structure applies to research reactors, including projects for isotope production, materials testing, and academic research.

Key obligations include:

• Investment policy dossier and siting study
• Design and construction safety requirements
• Trial operation procedures
• Operating license, environmental monitoring, and safety management
  Experimental activities affecting safety are subject to strict classification and may require MoST approval.

Public Participation and Community Monitoring

A notable enhancement of the Decree is mandatory public transparency.

• Public information, consultation, and disclosure obligations apply during all project phases.
• Communities may form a formal Community Monitoring Board with rights to request safety data, participate in certain inspections, and issue recommendations to authorities.
• Regulators must respond to public submissions within statutory timeframes.

Transition

• Existing research reactors continue operation under existing licenses until renewal, at which point new rules apply.
• Nuclear projects already approved for investment policy may proceed under the prior approval.
• Site-survey oversight rules in this Decree do not apply to surveys conducted before 1 January 2026.