TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-509 

________________________________________________________________________ 

NUCLEAR SAFETY 

 Arrangement Between the 

UNITED STATES OF AMERICA 

and VIETNAM 

Signed at Washington May 9, 2013 

with 

Addenda and Annex 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 VIETNAM 

Nuclear Safety 

 Arrangement signed at Washington 

 May 9, 2013; 

 Entered into force May 9, 2013. 

 With addenda and annex. 

 
ARRANGEMENT

BETWEEN

THE NUCLEAR REGULATORY COMMISSION

OF THE

UNITED STATES OF AMERICA

AND

THE VIETNAM AGENCY FOR RADIATION AND

NUCLEAR SAFETY

OF THE SOCIALIST REPUBLIC OF VIETNAM

FOR THE EXCHANGE OF TECHNICAL

INFORMATION

AND

COOPERATION IN NUCLEAR SAFETY MATTERS

May 9, 2013
ARRANGEMENT

BETWEEN

THE NUCLEAR REGULATORY COMMISSION

OF THE UNITED STATES OF AMERICA

AND

THE VIETNAM AGENCY FOR RADIATION AND NUCLEAR SAFETY

OF THE SOCIALIST REPUBLIC OF VIETNAM

FOR THE EXCHANGE OF TECHNICAL INFORMATION

AND

COOPERATION IN NUCLEAR SAFETY MATTERS

The Nuclear Regulatory Commission of the United States of America (hereinafter called

the USNRC) and the Vietnam Agency for Radiation and Nuclear Safety of the Socialist Republic

of Vietnam (hereinafter called the VARANS), both hereinafter referred to as the Parties;

Having a mutual interest in continuing the exchange of information pertaining to

regulatory matters and of standards required or recommended by their organizations for the

regulation of safety and environmental impact of nuclear facilities;

Recognizing the "Agreement on Scientific and Technological Cooperation between the

Government of the United States of America and the Government of the Socialist Republic of

Vietnam," originally signed on November 17, 2000, and the two countries' interest in pursuing

cooperation in nuclear safety matters;

Having cooperated under the terms of a five-year Arrangement for the exchange of

technical information in regulatory matters and cooperation in nuclear safety research, originally

signed on June 25, 2008, and having indicated their mutual desire to continue the cooperation

established for an additional five years;

Have agreed as follows:
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I. SCOPE OF THE ARRANGEMENT

A. Technical Information Exchange

To the extent that the Parties are permitted to do so under the laws, regulations and

policy directives of their respective countries, they will exchange the following types of

unclassified technical information relating to the regulation of safety and environmental

impact of designated nuclear facilities and to nuclear safety research programs:

1. Topical reports concerning technical safety and environmental effects written by

or for one of the Parties as a basis for, or in support of, regulatory decisions and

policies.

2. Documents relating to significant licensing actions and safety and environmental

decisions affecting nuclear facilities.

3. Detailed documents describing the USNRC process for licensing and

regulating certain U.S. facilities designated by the VARANS as similar to certain

facilities being built or planned in Vietnam and equivalent documents on such

Vietnam facilities.

4. Information in the field of reactor safety research that the Parties have the right to

disclose, either in the possession of one of the Parties or available to it, including

nuclear safety information from the technical areas described in Addenda "A" and

"B", attached hereto and made integral parts of this Arrangement. Cooperation

in these itemized safety research areas may require a separate agreement, as

determined to be necessary by the research organizations of one or both of the

Parties. Each Party will transmit immediately to the other information concerning

research results that requires early attention in the interest of public safety, along

with an indication of significant implications.

4. Reports on operating experience, such as reports on nuclear incidents, accidents

and shutdowns, and compilations of historical reliability data on components and

systems.

5. Regulatory procedures and standards for the safety, safeguards (materials

accountancy and control and physical protection), waste management, and

environmental impact evaluation of nuclear facilities.

5. Early advice of important events, such as serious operating incidents and

government-directed reactor shutdowns, and emerging technical issues that are

of immediate interest to the Parties.

NOTE: Paragraph numbers "4" and "5" appear to be duplicated on this page.
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B. Cooperation in Nuclear Safety Research 

The terms of cooperation for joint programs and projects of nuclear safety research and

development, or those programs and projects under which activities are divided between

the two Parties, including the use of test facilities and/or computer programs owned by

either Party, shall be considered on a case-by-case basis and may be the subject of a

separate agreement, if determined to be necessary by the research organizations of one

or both of the Parties. When not the subject of a separate agreement, the terms of

cooperation may be established by an exchange of letters between the research

organizations of the Parties, and shall be subject to the terms and conditions of the

present Arrangement.

Technical areas specified by such exchanges of letters may be modified subsequently

by mutual consent. Temporary assignments of personnel by one Party in the other

Party's Agency shall also be considered on a case-by-case basis and shall, in general,

require a separate agreement between the research organizations of the Parties.

C. Training and Assignments

Within the limits of available resources and subject to the availability of appropriated

funds, the USNRC will cooperate with VARANS in providing certain training and

experience for VARANS safety personnel. Unless otherwise agreed, costs of salary,

allowances, and travel of VARANS participants will be paid by VARANS. The following

are typical of, but not necessarily restricted to, the kinds of training and experience that

may be provided:

1. VARANS designated inspector accompaniment of USNRC inspectors on reactor

operation and (if available) reactor construction inspections in the United States,

including extended briefings at USNRC regional inspection offices.

2. Participation by VARANS employees in USNRC staff training courses.

3. Assignment of VARANS employees for certain periods to be determined by the

Parties (6-24 month periods) within the USNRC staff to work on USNRC staff

duties and gain on-the-job experience.

4. Training assignments of VARANS employees within the radiation control

program in the United States.

II. ADMINISTRATION

A. The exchange of information under this Arrangement will be accomplished through

letters, reports, and other documents, and by visits and meetings arranged in advance

on a case-by-case basis. Periodic meetings will be held at such times as mutually

agreed to review the exchange of information and cooperation under this Arrangement,
4

to recommend revisions to the provisions of the Arrangement, and to discuss topics

coming within the scope of the cooperation. The time, place, and agenda for such

meetings will be agreed upon in advance. Visits which take place under the

Arrangement, including their schedules, will have the prior approval of the administrators

referred to in paragraph II.B.

B. An administrator will be designated by each Party to coordinate its participation in the

overall exchange under this Arrangement. The administrators will be the recipients of all

documents transmitted under the exchange, including copies of all letters, unless

otherwise agreed. Within the terms of the exchange, the administrators will be

responsible for developing the scope of the exchange, including agreement on the

designation of the nuclear energy facilities subject to the exchange, and on specific

documents and standards to be exchanged. One or more technical coordinators may be

appointed as direct contacts for specific disciplinary areas. These technical coordinators

will assure that both administrators receive copies of all transmittals. These detailed

arrangements are intended to assure, among other things, that a reasonably balanced

exchange giving access to equivalent available information is achieved and maintained.

C. The administrators will determine the number of copies to be provided of the documents

exchanged. Each document will be accompanied by an abstract in English, 250 words or

less, describing its scope and content.

D. The application or use of any information exchanged or transferred between the Parties

under this Arrangement will be the responsibility of the Receiving Party, and the

Transmitting Party does not warrant the suitability of such information for any particular

use or application.

E. Recognizing that some information of the type covered in this Arrangement is not

available within the agencies which are Parties to this Arrangement, but is available from

other agencies of the governments of the Parties, each Party will assist the other to the

maximum extent possible by organizing visits and directing inquiries concerning such

information to appropriate agencies of the government concerned. The foregoing will

not constitute a commitment of other agencies to furnish such information or to receive

such visitors.

III. EXCHANGE AND USE OF INFORMATION

A. General

The Parties support the widest possible dissemination of information provided,

created or exchanged under this Arrangement, subject to the requirements of

each Party's national laws, regulations and policies and the need to protect

proprietary and other confidential or privileged information, and subject to the

provisions of the Intellectual Property Annex, which is an integral part of this

Arrangement.
5

B. Definitions

1. The term "information" means unclassified nuclear energy-related

regulatory, safety, safeguards, waste management, scientific or technical

data, including information on results or methods of assessment,

research, and any other knowledge provided, created or exchanged

under this Arrangement.

2. The term "proprietary information" means information provided, created or

exchanged under this Arrangement which contains trade secrets or other

privileged or sensitive commercial information (such that the person

having the information may derive a commercial benefit from it or may

have a commercial advantage over those who do not have it), and may

only include information which:

a. has been held in confidence by its owner;

b. has not been transmitted by the owner to other entities (including

the receiving Party), except on the basis that it be held in

confidence;

c. is not otherwise available to the receiving Party from another

source without restriction on its further dissemination; and

d. is not already in the possession of the receiving Party.

3. The term "other confidential or privileged information" means nonclassified information, other than "proprietary information," which has

been transmitted and received in confidence under this Arrangement and

is protected from public disclosure under the laws, regulations, or policies

of the country of the Party providing the information.

C. Marking Procedures for Documentary Proprietary Information

A Party receiving documentary proprietary information pursuant to this

Arrangement will respect the privileged nature of such information, provided that

such proprietary information is clearly marked with the following (or substantially

similar) restrictive legend:

"This document contains proprietary information furnished in

confidence under an Arrangement dated, 2013 between the

United States Nuclear Regulatory Commission and the Vietnam

Agency for Radiation and Nuclear Safety and Control and will not

be disseminated outside these organizations, their consultants,

contractors, and licensees, or concerned departments and

agencies of the Government of the United States and the

Government of Vietnam, without the prior written approval of

(name of transmitting party). This notice will be marked on each
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page of any reproduction hereof, in whole or in part. These

limitations will automatically terminate when the proprietary

information is disclosed by the owner without restriction."

This restrictive legend shall be respected by the Parties to this Arrangement.

Proprietary information bearing this restrictive legend shall not be made public or

- otherwise disseminated in any manner unspecified or contrary to the terms of this

Arrangement without the prior written consent of the transmitting party.

Proprietary information bearing this restrictive legend shall not be used by the

receiving Party or its contractors and consultants for any commercial purposes

without the prior written consent of the transmitting Party.

D. Dissemination of Documentary Proprietary Information

1. In general, proprietary information received under this Arrangement may

be disseminated by the receiving Party without prior consent to persons

within or employed by the receiving Party, and to concerned Government

departments and Government agencies in the country of the receiving

Party, provided:

a. such dissemination is made on a case-by-case basis and

b. such proprietary information shall bear the restrictive legend

appearing in Section III.C. of this Arrangement.

2. Proprietary information received under this Arrangement may be

disseminated by the receiving Party without prior consent to contractors

and consultants of the receiving Party located within the geographical

limits of that Party's country, provided:

a. that the proprietary information is used by such contractors and

consultants only for work within the scope of their contracts with

the receiving Party relating to the subject matter of the

proprietary information, and shall not be used by such contractors

and consultants for any other private commercial purposes;

b. that such dissemination is made on a case-by-case basis to

contractors and consultants having a legitimate need for the

proprietary information and who have executed a non-disclosure

agreement; and

c. that such proprietary information shall bear the restrictive legend

appearing in Section III.C. of this Arrangement.

3. With the prior written consent of the Party furnishing proprietary

information under this Arrangement, the receiving Party may disseminate

such proprietary information more widely than otherwise permitted under
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the terms set forth in this Arrangement. The Parties will endeavor to

grant such approval to the extent permitted by their respective national

laws, regulations and policies, provided:

a. that the entities receiving proprietary information under Section

III.D.3. of this Arrangement, including domestic organizations

permitted or licensed by the receiving Party to construct or

operate nuclear production or utilization facilities, or to use nuclear

and materials radiation sources, have a legitimate need for the

proprietary information and have executed a non-disclosure

agreement;

b. that the entities receiving proprietary information under Section

III.D.3. of this Arrangement, including domestic organizations

permitted or licensed by the receiving Party to construct or

operate nuclear production or utilization facilities, shall not use

such proprietary information for any private commercial purposes;

and

c. that those entities receiving proprietary information under

Section III.D.3. of this Arrangement that are domestic

organizations permitted or licensed by the receiving Party agree to

use the proprietary information only for activities carried out

under or within the terms of their specific permit or license.

E. Marking Procedures for Other Confidential or Privileged Information of a 

Documentary Nature

A Party receiving under this Arrangement other confidential or privileged

information will respect its confidential or privileged nature, provided such

information is

clearly marked so as to indicate its confidential or privileged nature and is

accompanied by a statement indicating:

1. that the information is protected from public disclosure by the government

of the transmitting Party; and

2. that the information is transmitted under the condition that it be

maintained in confidence.

F. Dissemination of Other Confidential or Privileged Information of a

Documentary Nature

Other confidential or privileged information may be disseminated in the same

manner as that set forth in Section III.D, "Dissemination of Documentary

Proprietary Information."
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G. Non-Documentary Proprietary or Other Confidential or Privileged Information 

Non-documentary proprietary or other confidential or privileged information

provided in seminars and other meetings organized under this Arrangement, or

information arising from the attachments of staff, use of facilities, or joint projects,

will be treated by the Parties according to the principles specified for

documentary information in this Arrangement; provided, however, that the Party

communicating such proprietary or other confidential or privileged information

has placed the recipient on notice as to the character of the information

communicated.

H. Consultation

If, for any reason, one of the Parties becomes aware that it will be, or may

reasonably be expected to become, unable to meet the non-dissemination

provisions of this Arrangement, it will immediately inform the other Party. The

Parties will thereafter consult to define an appropriate course of action.

I. Other

Nothing contained in this Arrangement will preclude a Party from using or

disseminating information received without restriction by a Party from sources

outside of this Arrangement.

IV. FINAL PROVISIONS

A. Nothing contained in this Arrangement will require either Party to take any action which

would be inconsistent with its existing laws, regulations, and policy directives. Should

any conflict arise between the terms of this Arrangement and those laws, regulations or

policy directives, the Parties agree to consult before any action is taken. No nuclear

information related to proliferation-sensitive technologies will be exchanged under this

Arrangement.

B. Unless otherwise agreed, all costs resulting from cooperation pursuant to this

Arrangement will be the responsibility of the Party that incurs them. The ability of the

Parties to carry out their obligations is subject to the appropriation of funds by the

appropriate governmental authority and to laws and regulations applicable to the Parties.

C. Cooperation under this Arrangement will be in accordance with the laws and regulations

of the Parties. Any dispute or questions between the Parties concerning the

interpretation or application of this Arrangement arising during its term will be settled by

mutual agreement of the Parties.

D. This Arrangement will enter into force upon signature and, subject to paragraph E of this

Section, will remain in force for a period of five years. It may be extended for a further

period of time by written agreement of the Parties.

A - 1

Addendum "A" 

USNRC —VARANS Safety Research Exchange 

Areas In Which the USNRC Is Performing or Sponsoring Safety Research

1. Digital Instrumentation and Control

2. Reactor and Electrical Equipment Qualification

3. Environmental Transport

4. Radionuclide Transport and Waste Management

5. Dry Cask Storage and Transport

6. Fire Safety Research

7. Nuclear Fuel Analysis

8. Severe Accident Analysis

9. Operating Experience and Generic Issues

10. Human Factors Engineering

11. Organizational Factors/Safety Culture

12. Human Reliability Analysis (HRA)

13. Probabilistic Risk Assessments

14. Radiation Protection and Health Effects

15. Seismic Safety

16. State of the Art Risk Consequences

17. Reactor Containment Structural Safety

18. Reactor Vessel and Piping Integrity

19. Regulatory Guide Update

20. New and Advanced Reactor Designs

21. Decommissioning

22. Thermal Hydraulic Code Applications and Maintenance

23. Uncertainty Analysis for Thermal Hydraulic Kinetics

24. Coupled 3D Neutronic and Plant Thermal Hydraulics

25. Medical Isotope Production

26. Long-term Operational Management

27. Plant and Systems Operations
B — 1

ADDENDUM 

USNRC — VARANS Nuclear Safety

in which the VARANS is Performing or 

Research Exchange Areas

Sponsoring Safety Research

1. Safety Regulation of Nuclear Facilities

2. Licensing procedure and Regulatory Inspection

3. Assessment of SAR

4. Radiological Safety Controls

5. Safety culture

6. Nuclear Reactor Safety Research

7. Nuclear Reactor Materials Safety Research

8. Computer Codes, and

9. Other Areas
ANNEX I

Intellectual Property Rights

I.General Obligation

The Parties shall ensure adequate and effective protection of intellectual property created or

furnished under this Agreement and relevant implementing arrangements. Rights to such

intellectual property shall be allocated as provided in this Annex.

II.Scope

A. This Annex is applicable to all cooperative activities undertaken pursuant to this

Agreement, except as otherwise specifically agreed by the Parties or their designees.

B. For purposes of this Agreement, "intellectual property" shall mean the subject matter

listed in Article 2 of the Convention Establishing the World Intellectual Property

Organization, done at Stockholm, July 14, 1967 and may include other subject matter as

agreed by the Parties.

C. Each Party shall ensure, through contracts or other legal means with its own

participants, if necessary, that the other Party can obtain the rights to intellectual

property allocated in accordance with this Annex. This Annex does not otherwise alter or

prejudice the allocation between a Party and its nationals, which shall be determined by

that Party's laws and practices.

D. Except as otherwise provided in this Agreement, disputes concerning intellectual

property arising under this Agreement shall be resolved through discussions between

the concerned participating institutions, or, if necessary, the Parties or their designees.

Upon mutual agreement of the Parties, a dispute shall be submitted to an arbitral tribunal

for binding arbitration in accordance with the applicable rules of international law. Unless

the Parties or their designees agree otherwise in writing, the arbitration rules of United

Nations Commission on International Trade Law (UNCITRAL) shall govern.

E. Termination or expiration of this Agreement shall not affect rights or obligations under

this Annex.

III. Allocation of Rights

A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all

countries to translate, reproduce, and publicly distribute scientific and technical journal

articles, reports, and books directly arising from cooperation under this Agreement. All

publicly distributed copies of a copyrighted work prepared under this provision shall

indicate the names of the authors of the work unless an author explicitly declines to be

named.

B. Rights to all forms of intellectual property, other than those rights described in paragraph

IIIA above, shall be allocated as follows:

(1) Visiting researchers shall receive rights, awards, bonuses and royalties in

accordance with the policies of the host institution.
(2) (a) Any intellectual property created by persons employed or sponsored by one

Party under cooperative activities other than those covered by paragraph

III.(B)(1) shall be owned by that Party. Intellectual property created by persons

employed or sponsored by both Parties shall be jointly owned by the Parties. In

addition, each creator shall be entitled to awards, bonuses and royalties in

accordance with the policies of the institution employing or sponsoring that

person.

(b) Unless otherwise agreed in an implementing or other arrangement, each

Party shall have within its territory all rights to exploit or license intellectual

property created in the course of the cooperative activities.

(c) The rights of a Party outside its territory shall be determined by mutual

agreement considering the relative contributions of the Parties and their

participants to the cooperative activities, the degree of commitment in obtaining

legal protection and licensing of the intellectual property and such other factors

deemed appropriate.

(d) Notwithstanding paragraphs III.B(2)(a) and (b) above, if a particular project

has led to the creation of intellectual property protected by the laws of one Party

but not the other, the Party whose laws provide for this type of protection shall be

entitled to all rights to exploit or license intellectual property worldwide although

creators of intellectual property shall nonetheless be entitled to awards, bonuses

and royalties as provided in paragraph III.B(2)(a).

(e) For each invention made under any cooperative activity, the Party employing

or sponsoring the inventor(s) shall disclose the inventions promptly to the other

Party together with any documentation and information necessary to enable the

other Party to establish any rights to which it may be entitled. Either Party may

ask the other Party in writing to delay publication or public disclosure of such

documentation or information for the purpose of protecting its rights in the

invention. Unless otherwise agreed in writing, the delay shall not exceed a period

of six months from the date of disclosure by the inventing Party to the other

Party.

IV. Business Confidential Information

In the event that information identified in a timely fashion as business-confidential is furnished or

created under this Agreement, each Party and its participants shall protect such information in

accordance with applicable laws, regulations, and administrative practices. Information may be

identified as "business-confidential" if a person having the information may derive an economic

benefit from it or may obtain a competitive advantage over those who do not have it, and the

information is not generally known or publicly available from other sources, and the owner has

not previously made the information available without imposing in a timely manner an obligation

to keep it confidential.