AGREEMENT BETWEENTHE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
FOR COOPERATION
IN THE DEVELOPMENT AND PEACEFUL USES OF NUCLEAR ENERGYThe Government of Japan and the Government of theSocialist Republic of Viet Nam (hereinafter referred to as“the Parties”);
Considering that both Japan and the Socialist Republicof Viet Nam are parties to the Treaty on the NonProliferation of Nuclear Weapons, done on July 1, 1968;
Recognizing that both Japan and the Socialist Republicof Viet Nam are members of the International Atomic Energy
Agency (hereinafter referred to as “the Agency”);
Reaffirming the commitment of the Parties to pursue
peaceful uses of nuclear energy in a manner ensuring
nuclear non-proliferation, nuclear safety and nuclear
security; andDesiring to promote cooperation between the two Statesin the field of the peaceful uses of nuclear energy inaccordance with their respective domestic laws and relevantinternational agreements which are in force for bothStates;Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement:(a)

The term “authorized person” means any individual
or entity within the jurisdiction of the State ofa Party and authorized by that Party to cooperate
under this Agreement, including to supply or
receive nuclear material, material, equipment andtechnology, and to perform or receive services,but does not include the Parties;(b)

The term “nuclear material” means:

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(i)

source material, namely, uranium containing
the mixture of isotopes occurring in nature;uranium depleted in the isotope 235;
thorium; any of the foregoing in the form of
metal, alloy, chemical compound orconcentrate; any other substance containing
one or more of the foregoing in suchconcentration as may be agreed to by theParties; and such other substances as may be
agreed to by the Parties; and(ii)

special fissionable material, namely,
plutonium; uranium-233; uranium enriched in
the isotope 233 or 235; any substancecontaining one or more of the foregoing; andsuch other substances as may be agreed to by
the Parties. Special fissionable material
does not include source material;(c)

The term “material” means substances for use in a
nuclear reactor which are specified in Part A of
Annex A to this Agreement, but does not include
nuclear material;(d)

The term “equipment” means major items ofmachinery, plant or instrumentation, or major
components thereof, which are specially designed
or prepared for use in nuclear activities, andwhich are specified in Part B of Annex A to thisAgreement;(e)

The term “technology” means specific information
required for the development, production or useof any nuclear material, material or equipment,
excluding information which has been madeavailable without restrictions upon its further
dissemination. Basic scientific research
information may also be excluded, if specified
and agreed in writing by the Parties. This
specific information may take the form oftechnical data which includes blueprints, plans,
diagrams, models, formulae, engineering designs
and specifications, manuals and instructions
written or recorded on other media or devices
such as disk, tape and read-only memories. It
may also take the form of technical assistancewhich includes instruction, skills, training,
working knowledge and consulting services;

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(f)

The term “development” referred to in paragraph(e) of this Article means all phases before
production such as design, design research,
design analysis, design concepts, assembly andtesting of prototypes, pilot production schemes,
design data, process of transforming design data
into a product, configuration design, integration
design and layouts;(g)

The term “production” referred to in paragraphs(e) and (f) of this Article means all activities
for producing nuclear material, material or
equipment such as construction, productionengineering, manufacture, integration, assembly(mounting), inspection, testing and quality
assurance;(h)

The term “use” referred to in paragraph (e) of
this Article means operation, installation
including on-site installation, maintenance,
checking, repair, overhaul and refurbishing;(i)

The term “equipment based on technology” means
equipment which the Parties agree as produced
from the use of technology transferred pursuant
to this Agreement;(j)

The term “nuclear material recovered or produced
as a by-product” means:

(k)

(i)

nuclear material derived from nuclear
material transferred pursuant to thisAgreement;(ii)

nuclear material derived by one or more
processes from the use of material or
equipment transferred pursuant to thisAgreement; and(iii)

nuclear material which the Parties agree asderived from the use of technology
transferred pursuant to this Agreement; andThe term “unclassified information” means
information not classified as restricted,
confidential, secret or top secret by either of
the Parties.

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ARTICLE 2
1.
Cooperation under this Agreement for the promotion anddevelopment of the peaceful non-explosive uses of nuclear
energy in the two States may be undertaken in the following
areas:(a)exploration and exploitation of uranium
resources;(b)

design, construction and operation of light water
reactors;(c)nuclear safety including radiation protection,
environmental monitoring and prevention of andresponse to nuclear accident and radiologicalemergency;(d)storage, transportation, processing and disposalof radioactive waste;(e)study on and application of radio-isotopes andradiation;(f)safeguards and nuclear security;(g)human resources development in the field of thepeaceful uses of nuclear energy;(h)development of legal framework in the field of
the peaceful uses of nuclear energy;(i)public information on the peaceful uses ofnuclear energy;(j)research and development in areas agreed upon
between the Parties; and(k)other areas as may be agreed by the Parties.

2.
Cooperation as specified in paragraph 1 of this
Article may be undertaken in the following ways:(a)exchange of experts and trainees;(b)exchange of unclassified information, including
information relating to nuclear safety, on suchterms as may be agreed between the Parties,
between authorized persons of the Parties, or
between either Party and authorized persons of
the other Party;

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(c)

supply from a Party or its authorized persons to
the other Party or its authorized persons, ofnuclear material, material, equipment andtechnology on such terms as may be agreed between
the supplier and the recipient;(d)provision of services by a Party or its
authorized persons and receipt of services by theother Party or its authorized persons, on matterswithin the scope of this Agreement on such terms
as may be agreed between the supplier and therecipient; and(e)other ways as may be agreed by the Parties.

3.
Notwithstanding the provisions of paragraphs 1 and 2of this Article, technology for and equipment for uranium
enrichment, spent nuclear fuel reprocessing, conversion of
plutonium and production of material and plutonium shallnot be transferred under this Agreement.
ARTICLE 3
Cooperation as specified in Article 2 of thisAgreement shall be subject to the provisions of thisAgreement and the laws and regulations in force in theirrespective States, and shall require, in the case ofcooperation envisaged in sub-paragraph (c) of paragraph 2of the said Article, acceptance of the application ofsafeguards by the Agency:(a)with respect to all nuclear material in all
nuclear activities within Japan, when therecipient is the Government of Japan or its
authorized persons. Implementation of theAgreement between the Government of Japan and theInternational Atomic Energy Agency in
Implementation of Article III.1 and 4 of theTreaty on the Non-Proliferation of Nuclear
Weapons, done on March 4, 1977 as supplemented by
the Protocol additional to the said Agreement,
done on December 4, 1998 (hereinafter referred toas “the Safeguards Agreement for Japan”) shall beconsidered as fulfilling this requirement; and

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(b)

with respect to all nuclear material in all
nuclear activities within the Socialist Republicof Viet Nam, when the recipient is the Governmentof the Socialist Republic of Viet Nam or its
authorized persons. Implementation of theAgreement between the Socialist Republic of Viet
Nam and the International Atomic Energy Agency
for the Application of Safeguards in connection
with the Treaty on the Non-Proliferation of
Nuclear Weapons, done on February 23, 1990 as
supplemented by the Protocol additional to thesaid Agreement, done on August 10, 2007 upon its
entry into force (hereinafter referred to as “theSafeguards Agreement for the Socialist Republicof Viet Nam”) shall be considered as fulfilling
this requirement.
ARTICLE 4

1.
Cooperation under this Agreement shall be carried out
only for peaceful and non-explosive purposes.
2.
Nuclear material, material, equipment and technology
transferred pursuant to this Agreement, equipment based ontechnology and nuclear material recovered or produced as aby-product shall not be used other than for peacefulpurposes; nor shall they be used for any nuclear explosive
device, for research on or for development of any suchdevice.
ARTICLE 5
1.
To ensure the fulfillment of the obligations arisingunder Article 4 of this Agreement, nuclear materialtransferred pursuant to this Agreement and nuclear material
recovered or produced as a by-product:(a)while within Japan, shall be subject to the
Safeguards Agreement for Japan; and(b)while within the Socialist Republic of Viet Nam,shall be subject to the Safeguards Agreement for
the Socialist Republic of Viet Nam.

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2.
In the event that for any reason the Agency does not
apply safeguards as required by paragraph 1 of this
Article, the Parties shall, in view of the vital importancefor nuclear material transferred pursuant to this Agreement
and nuclear material recovered or produced as a by-productto remain permanently subject to safeguards, forthwith
consult to take rectifying measures and, in the absence ofsuch rectifying measures, shall forthwith enter into
arrangements which conform to safeguards principles andprocedures of the Agency and provide effectiveness andcoverage equivalent to that intended to be provided by thesafeguards of the Agency specified in paragraph 1 of this
Article.
ARTICLE 6
1.
In implementing the provisions of this Agreement,
Japan and the Socialist Republic of Viet Nam shall act inconformity with the provisions of the Convention on Early
Notification of a Nuclear Accident, adopted on September
26, 1986, the Convention on Assistance in the Case of a
Nuclear Accident or Radiological Emergency, adopted on
September 26, 1986 and the Convention on Nuclear Safety,
adopted on June 17, 1994.
2.
In respect of facilities in which nuclear material,material, equipment or technology subject to this Agreement
is located or used, the Parties may make mutuallysatisfactory arrangements for the implementation of
measures to ensure the safety of such facilities.
ARTICLE 7
1.
In respect of nuclear material transferred pursuant tothis Agreement and nuclear material recovered or produced
as a by-product, the Parties shall apply measures ofphysical protection according to their respective criteria
which bring about, as a minimum, protection at levels set
out in Annex B to this Agreement.
2.
In respect of international transport of nuclear
material transferred pursuant to this Agreement and of
nuclear material recovered or produced as a by-product,
Japan and the Socialist Republic of Viet Nam shall act inconformity with the provisions of the Convention on the
Physical Protection of Nuclear Material, opened forsignature on March 3, 1980.

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ARTICLE 8
Nuclear material, material, equipment and technology
transferred pursuant to this Agreement, equipment based ontechnology and nuclear material recovered or produced as aby-product shall not be transferred or retransferred beyond
the jurisdiction of the State of the receiving Party,
except into the jurisdiction of the State of the supplying
Party, unless the prior written consent of the supplying
Party is obtained.
ARTICLE 9
Nuclear material transferred pursuant to thisAgreement and nuclear material recovered or produced as aby-product shall not be enriched or reprocessed within thejurisdiction of the Socialist Republic of Viet Nam, unlessthe Parties otherwise agree.
ARTICLE 10
1.
Nuclear material, material, equipment and technology
transferred between the two States, whether directly or
through a third State, shall become subject to thisAgreement upon their entry into the jurisdiction of theState of the receiving Party, only if the supplying Party
has notified the receiving Party in writing and in advanceof the intended transfer. Prior to the notified transferof such nuclear material, material, equipment or
technology, the supplying Party shall obtain from thereceiving Party a written confirmation that the transferred
nuclear material, material, equipment or technology will beheld subject to this Agreement and that the proposed
recipient, if other than the receiving Party, will be an
authorized person of the receiving Party.
2.
Nuclear material, material, equipment and technology
subject to this Agreement shall no longer be subject tothis Agreement if:(a)such nuclear material, material or equipment has
been transferred beyond the jurisdiction of theState of the receiving Party in accordance withthe relevant provisions of this Agreement;(b)

the Parties agree in writing that such nuclear
material, material, equipment or technology shallno longer be subject to this Agreement; or

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(c)

in the case of nuclear material, the Agency
determines, in accordance with the provisions forthe termination of safeguards in the relevant
agreement referred to in Article 3 of thisAgreement, that the nuclear material has been
consumed, or has been diluted in such a way that
it is no longer usable for any nuclear activity
relevant from the point of view of safeguards, or
has become practicably irrecoverable.
ARTICLE 11

The Parties shall ensure the adequate and effective
protection of intellectual property and technology createdor transferred pursuant to the cooperation under thisAgreement in accordance with the relevant international
agreements to which Japan and the Socialist Republic ofViet Nam are parties and the laws and regulations in force
in their respective States.
ARTICLE 12
1.
The Parties shall, at the request of either of them,consult with each other, if any question arises concerning
the interpretation or application of this Agreement.
2.
If any dispute arising out of the interpretation orapplication of this Agreement is not settled byconsultations referred to in paragraph 1 of this Article,
such dispute shall, at the request of either Party, be
submitted to an arbitral tribunal whose composition andproceedings shall be agreed upon by the Parties. The
decisions of the tribunal shall be binding on the Parties.
ARTICLE 13
1.
If the Socialist Republic of Viet Nam or Japan at any
time following entry into force of this Agreement:(a)acts in violation of the provisions of Article 4,5, 6, 7, 8 or 9 of this Agreement or thedecisions of the arbitral tribunal referred to in
Article 12 of this Agreement; or(b)terminates or materially violates its Safeguards
Agreement with the Agency referred to in Article
3 of this Agreement,9the Government of Japan or the Government of the Socialist
Republic of Viet Nam respectively shall have the right tocease further cooperation under this Agreement in whole orin part, or to terminate this Agreement and to require thereturn of any nuclear material, material and equipment
transferred pursuant to this Agreement.
2.
If the Socialist Republic of Viet Nam or Japan
detonates a nuclear explosive device, the Government ofJapan or the Government of the Socialist Republic of Viet
Nam respectively shall have the right specified inparagraph 1 of this Article.
3.
Before either Party takes steps to cease cooperation
under this Agreement in whole or in part or to terminate
this Agreement, or to require the return of any nuclear
material, material and equipment transferred pursuant tothis Agreement, the Parties shall consult for the purposeof taking corrective measures and shall, where appropriate,
carefully consider the following, taking into account theneed to make such other appropriate arrangements as may berequired:(a)the effects of taking such steps; and(b)whether the facts which gave rise to consideringsuch steps were caused deliberately.

4.
Following the consultations referred to in paragraph 3of this Article, the right under this Article shall be
exercised by either Party:(a)in the case referred to in paragraph 1 of this
Article, only if the other Party fails to takecorrective measures within an appropriate periodof time; and(b)in the case referred to in paragraph 2 of this
Article, if it determines that no corrective
measures can be found.
ARTICLE 14

1.
This Agreement may be amended by written agreement of
the Parties. Amendments to this Agreement shall beapproved by each Party in accordance with its internal
procedures required for such amendments.
2.
The Annexes to this Agreement form an integral part ofthis Agreement. The Annexes may be modified by anagreement in writing between the Parties without amendmentof this Agreement.

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ARTICLE 15
1.
Each Party shall send through diplomatic channel tothe other Party the notification confirming that its
internal procedures necessary for the entry into force of
this Agreement have been completed. This Agreement shallenter into force on the thirtieth day after the date ofreceipt of the latter notification.
2.
This Agreement shall remain in force for a period often years, and shall be automatically extended for fiveyear periods thereafter unless either Party notifies theother Party in writing through diplomatic channel of its
intention to terminate this Agreement not later than six
months prior to the expiry date.
3.
Notwithstanding the cessation of cooperation under
this Agreement or termination of this Agreement, Article 1,
Articles 4 to 9, paragraph 2 of Article 10 and Articles 12
and 13 of this Agreement shall continue in effect.
In witness whereof the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Hanoi on the twentieth day of January, 2011 induplicate in the English language.

For the Government of Japan:

For the Governmentof the Socialist Republicof Viet Nam:

谷﨑泰明

Le Tien11Annex A
Part A
1.

Deuterium and heavy water:

Deuterium, heavy water (deuterium oxide) and any other
deuterium compound in which the ratio of deuterium tohydrogen atoms exceeds 1:5000 for use in a nuclear reactor
as defined in paragraph 1 of Part B below, in quantities
exceeding 200 kg of deuterium atoms in any period of 12months.
2.

Nuclear grade graphite:

Graphite having a purity level better than 5 parts per
million boron equivalent and with a density greater than
1.50g/cm3 for use in a nuclear reactor as defined inparagraph 1 of Part B below, in quantities exceeding 30
metric tons in any period of 12 months.
Part B
1.

Complete nuclear reactors:

Nuclear reactors capable of operation so as tomaintain a controlled self-sustaining fission chain
reaction, excluding zero energy reactors, the latter being
defined as reactors with a designed maximum rate ofproduction of plutonium not exceeding 100 grams per year.
2.

Nuclear reactor vessels:

Metal vessels, or major shop-fabricated parts
therefor, especially designed or prepared to contain thecore of a nuclear reactor as defined in paragraph 1 above,
as well as relevant nuclear reactor internals as defined inparagraph 8 below.
3.
Nuclear reactor fuel charging and discharging
machines:
Manipulative equipment especially designed or prepared
for inserting or removing fuel in a nuclear reactor as
defined in paragraph 1 above.
4.

Nuclear reactor control rods and equipment:

Especially designed or prepared rods, support orsuspension structures therefor, rod drive mechanisms or rod
guide tubes to control the fission process in a nuclear
reactor as defined in paragraph 1 above.

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5.

Nuclear reactor pressure tubes:

Tubes which are especially designed or prepared tocontain fuel elements and the primary coolant in a nuclear
reactor as defined in paragraph 1 above at an operatingpressure in excess of 50 atmospheres.
6.

Zirconium tubes:

Zirconium metal and alloys in the form of tubes orassemblies of tubes, and in quantities exceeding 500 kg inany period of 12 months, especially designed or preparedfor use in a nuclear reactor as defined in paragraph 1
above, and in which the relation of hafnium to zirconium isless than 1:500 parts by weight.
7.

Primary coolant pumps:

Pumps especially designed or prepared for circulating
the primary coolant for a nuclear reactor as defined inparagraph 1 above.
8.

Nuclear reactor internals:

Nuclear reactor internals especially designed or
prepared for use in a nuclear reactor as defined inparagraph 1 above, including support columns for the core,fuel channels, thermal shields, baffles, core grid plates
and diffuser plates.
9.

Heat exchangers:

Heat exchangers (steam generators) especially designed
or prepared for use in the primary coolant circuit of a
nuclear reactor as defined in paragraph 1 above.
10.

Neutron detection and measuring instruments:

Especially designed or prepared neutron detection andmeasuring instruments for determining neutron flux levels
within the core of a nuclear reactor as defined inparagraph 1 above.
11. Plants for the fabrication of nuclear reactor fuelelements, and equipment especially designed or prepared
therefor.
12. Plants for the conversion of uranium for use in the
fabrication of fuel elements and the separation of uranium
isotopes, and equipment especially designed or prepared
therefor.

13Annex B
Levels of physical protection
CATEGORY III(as defined in the attached table)
Use and storage within an area to which access iscontrolled.
Transportation under special precautions including
prior arrangements among sender, recipient and carrier, andprior agreement between entities subject to thejurisdiction and regulation of supplier and recipientStates, respectively, in case of international transport,
specifying time, place and procedures for transferringtransport responsibility.
CATEGORY II(as defined in the attached table)
Use and storage within a protected area to whichaccess is controlled, i.e., an area under constantsurveillance by guards or electronic devices, surrounded bya physical barrier with a limited number of points of entry
under appropriate control, or any area with an equivalentlevel of physical protection.
Transportation under special precautions including
prior arrangements among sender, recipient and carrier, andprior agreement between entities subject to thejurisdiction and regulation of supplier and recipientStates, respectively, in case of international transport,
specifying time, place and procedures for transferringtransport responsibility.
CATEGORY I(as defined in the attached table)
Nuclear material in this category shall be protectedwith highly reliable systems against unauthorized use as
follows:
Use and storage within a highly protected area, i.e.,a protected area as defined for Category II above, towhich, in addition, access is restricted to persons whose
trustworthiness has been determined, and which is undersurveillance by guards who are in close communication withappropriate response authorities. Specific measures takenin this context should have as their objective thedetection and prevention of any assault, unauthorizedaccess or unauthorized removal of the nuclear material
concerned.

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Transportation under special precautions as identified
above for transportation of Category II and III nuclear
material and, in addition, under constant surveillance byescorts and under conditions which assure close
communication with appropriate response authorities.

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TABLE:

CATEGORIZATION OF NUCLEAR MATERIAL

NuclearMaterial

Form

Category I

Category II

1. Plutonium(a)Unirradiated(b)2kg or more

Less than 2kg
but more than
500g

500g orless but
more than
15g

2. Uranium-235

Unirradiated(b)5kg or more

Less than 5kg
but more than
1kg

1kg orlessbut morethan 15g

10kg or more

Less than
10kg but
more than
1kg-uranium
enriched to
20% 235U or
more-uranium
enriched to
10% 235U but
less than 20%
235
U-uranium
enriched
above
natural, butless than 10%
235
U
3. Uranium-233

Unirradiated(b)Category
III(c)

10kg ormore

2kg or more

4. Irradiated
FuelLess than 2kg
but more than
500g

500g orless but
more than
15g

Depleted or
naturaluranium,thorium or
low-enrichedfuel (lessthan 10%fissilecontent)(d)/(e)(a)

All plutonium except that with isotopic concentration
exceeding 80% in plutonium-238.

(b)

Nuclear material not irradiated in a reactor or nuclear
material irradiated in a reactor but with a radiationlevel equal to or less than 1 Gy/hr (100 rads/hr) at one
meter unshielded.

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(c)

Quantities not falling in Category III and naturaluranium, depleted uranium and thorium should be protected
at least in accordance with prudent management practice.

(d)

Although this level of protection is recommended, it would
be open to the Parties, upon evaluation of the specificcircumstances, to assign a different category of physicalprotection.

(e)Other fuel which by virtue of its original fissile
material content is classified as Category I or II before
irradiation may be reduced one category level while theradiation level from the fuel exceeds 1 Gy/hr (100rads/hr) at one meter unshielded.

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