Introduction
\nVietnam has entered a critical new phase in its energy transition. With the Law on Atomic Energy No. 94\/2025\/QH15 taking effect on 1 January 2026, Vietnam has established one of the most comprehensive legal foundations for nuclear energy development among emerging markets. The revival of nuclear power is not merely a localized infrastructure project; it is a strategic imperative tied directly to national energy security, industrial modernization, and Vietnam’s 2050 net-zero commitments.
\nCrucially, the new Atomic Energy Law demonstrates that Vietnam is not starting from scratch. By proactively codifying principles that mature nuclear jurisdictions spent decades refining, the legislative groundwork has been laid. The immediate challenge is no longer drafting the law\u2014it is rigorous institutional execution.<\/p>\n
A Modern, Lifecycle Regulatory Framework
\nA common misconception is that emerging nuclear nations lag in regulatory maturity. Vietnam\u2019s 2025 Law counters this by mandating a modern, full-lifecycle approach to nuclear governance. The framework comprehensively regulates every phase of development, including site selection, design, construction, commercial operation, waste management, eventual decommissioning, and international safeguards.
\nBy codifying these standards upfront, Vietnam aligns its baseline with International Atomic Energy Agency (IAEA) guidelines. The Law places heavy emphasis on independent regulatory oversight, stringent safety and security cultures, transparent public information, and the protection of both current and future generations. <\/p>\n
Synthesizing International Lessons
\nRather than pioneering an unproven path, Vietnam\u2019s regulatory framework benefits from over six decades of global nuclear experience. The 2025 Law reflects a clear synthesis of international lessons:
\n1.\tPolicy & Supply Chain: Recognizing the necessity of consistent, long-term policy for energy security (akin to France) and the localization of supply chains and technical expertise (as successfully executed by South Korea).
\n2.\tRegulatory Vigilance: Institutionalizing rigorous, independent regulatory oversight and emergency preparedness, drawing from the operational histories of Japan and Canada.
\n3.\tThe Waste Imperative: Acknowledging that radioactive waste management cannot be deferred indefinitely\u2014a lesson underscored by Germany’s phase-out challenges and Finland’s proactive repository development.<\/p>\n
Proactive Radioactive Waste Management: The Finnish Model
\nHistorically, many nations launched nuclear programs without clear, long-term waste solutions. Vietnam has opted for a highly responsible, forward-looking approach. Under Article 36 of the Law, radioactive waste and spent nuclear fuel management are treated as fundamental, non-negotiable components of the nuclear program. The Law mandates the minimization of waste, strict financial responsibility, and national planning for permanent disposal to avoid burdening future generations.
\nTo operationalize this, Vietnam can look to Finland\u2019s Onkalo deep geological repository as a benchmark. A practical execution roadmap for Vietnam should entail:
\n1.\tA National Waste Management Fund: Establishing a dedicated fund financed directly by operational revenues to ensure future decommissioning and waste obligations are never left unfunded.
\n2.\tInterim Storage Infrastructure: Deploying modern dry-cask storage technologies, which have a proven global track record of providing highly secure interim management for decades while permanent solutions are developed.
\n3.\tGeological Research & Institutional Capacity: Initiating long-term scientific surveys to identify suitable geological formations for future repository development, and eventually establishing a specialized national waste management organization to oversee long-term stewardship.<\/p>\n
Nuclear Liability and Investor Bankability
\nFor international investors, lenders, export credit agencies, and EPC contractors, legal certainty regarding liability is a prerequisite for project bankability. A major strength of the 2025 Law is its direct approach to nuclear liability and risk allocation.
\nArticles 69 and 70 establish clear strict liability principles, mandatory insurance obligations, and defined financial assurance requirements. Furthermore, the framework outlines state support mechanisms for extraordinary circumstances. By shifting from general principles to a highly structured liability regime, Vietnam provides the precise financial security mechanisms required to attract top-tier global nuclear developers. <\/p>\n
The Execution Imperative: Moving Beyond Legislation
\nThe narrative that Vietnam is still waiting for its regulatory framework to materialize is outdated. With the passage of the 2025 Law and the subsequent issuance of crucial guiding regulations\u2014most notably Decree No. 332\/2025\/ND-CP in December 2025, which details radiation and nuclear safety, inspection protocols, incident response, and liability limits\u2014the legal architecture is firmly in place.
\nThe real challenge for Vietnam today is operational execution. The Government’s focus must now shift entirely to institutional capacity building: enforcing the newly issued decrees, establishing efficient licensing procedures, scaling up technical support organizations, and cultivating the highly specialized workforce required to oversee these complex assets.<\/p>\n
Conclusion
\nVietnam\u2019s new Atomic Energy Law represents a landmark development that leapfrogs foundational regulatory hurdles by embedding advanced international standards into its core. By addressing complex issues like nuclear liability, independent regulatory oversight, and long-term waste management from day one, Vietnam has signaled its readiness for serious international investment. The legislative foundation has been successfully laid, and the governing decrees are active; the focus must now remain entirely on enforcement and institutional excellence to turn this vision into reality.
\nThe next chapter begins.
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\nFor more information on the above, please do not hesitate to contact the author Dr. Oliver Massmann under omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.<\/p>\n","protected":false},"excerpt":{"rendered":"
Introduction Vietnam has entered a critical new phase in its energy transition. With the Law on Atomic Energy No. 94\/2025\/QH15 taking effect on 1 January 2026, Vietnam has established one of the most comprehensive legal foundations for nuclear energy development among emerging markets. The revival of nuclear power is not merely a localized infrastructure project; … <\/p>\n