As U.S.-Vietnam bilateral economic, military, and diplomatic ties have grown, so has interest in strengthening cooperation in the nuclear energy sphere. Such "123 agreements" are necessary for the export of nuclear reactors and components and can help facilitate the transfer of nuclear energy technology. Congress received the agreement with the required supporting documents on May 8, 2014, for review. The congressional review period for this agreement was completed on September 9, 2014. At least four issues were prominent during the congressional review period: (1) whether the agreement should have included stronger nonproliferation commitments such as a legally binding commitment by Vietnam not to build uranium enrichment and reprocessing facilities; (2) the extent to which Vietnam's human rights record should affect the decision to enter into a nuclear energy agreement; (3) the weight that should be given to the growing strategic relationship between the United States and Vietnam; and (4) the extent to which U.S. companies would benefit from an agreement. In March 2010, the United States and Vietnam signed a Memorandum of Understanding Concerning Cooperation in the Civil Nuclear Field that was designed to increase cooperation on nuclear safety and facilitate development of an independent regulatory agency. Ambassador to Vietnam Michael Michalak said he anticipated the 2010 Memorandum would be a "stepping stone" to a bilateral nuclear energy cooperation (Section 123 agreement). Nuclear power is projected to provide 20%-30% of the country's electricity by 2050. Another 4,000 megawatts of planned capacity would bring the country's generating capacity to 14,800 megawatts by 2030. According to the IAEA, Vietnam has no plans for developing a full fuel cycle capability. Regional Energy Dynamics

Vietnam would be the first country in Southeast Asia to operate a nuclear power plant. Vietnam and the Nonproliferation Regime

Obama Administration officials have stated that the prospect of concluding a nuclear cooperation agreement with the United States spurred Vietnam to strengthen its nonproliferation policies. Vietnam's Law on Atomic Energy passed in 2008 forbids the development of nuclear weapons and all forms of nuclear proliferation. Vietnam signed the Additional Protocol to its safeguards agreement in 2007, and it entered into force in 2012. Enrichment and Reprocessing Debate

Enrichment and reprocessing (ENR) technology can be used both to make fuel for nuclear reactors or material for nuclear weapons. The nuclear cooperation agreement complies with all the terms of the Atomic Energy Act as amended and therefore is a "non-exempt" agreement. This means that it may enter into force after the 90 th day of continuous session (a period of 30 plus 60 days of review) following its submittal to Congress on May 8, 2014, unless a joint resolution disapproving the agreement is enacted by both the House and Senate. Senate Foreign Relations Committee Chairman Robert Menendez introduced a resolution that would approve the agreement ( S.J.Res. 36 ) on May 22. This bill was passed by the full Senate on July 31, 2014. Typically, such agreements enter into force after an exchange of diplomatic notes between the two countries.
U.S.-Vietnamese cooperation on nuclear energy and nonproliferation has grown in recent years along with closer bilateral economic, military, and diplomatic ties. In 2010, the two countries signed a Memorandum of Understanding that Obama Administration officials said would be a "stepping stone" to a bilateral nuclear cooperation agreement. This agreement was signed by the two countries on May 6, 2014, and transmitted to Congress for review on May 8. The required congressional review period for this agreement was completed in early September, and the agreement will enter into force after an exchange of diplomatic notes between the two countries.
Under the agreement, the United States can license the export of nuclear reactor and research information, material, and equipment to Vietnam. The agreement does not allow for the transfer of restricted data or sensitive nuclear technology, and contains required nonproliferation provisions. The nuclear cooperation agreement complies with all the terms of the Atomic Energy Act as amended and therefore is a "non-exempt" agreement. This means that it may enter into force after a review period of 90 days of continuous session after its submittal to Congress (a period of 30 plus 60 days of review) unless Congress enacts a joint resolution disapproving agreement, or approving the agreement at an earlier date. Senate Foreign Relations Committee Chairman Robert Menendez introduced a resolution that would approve the agreement (S.J.Res. 36) on May 22. This bill was passed by the Senate on July 31, 2014. No equivalent bill was passed by the House.
Vietnam would be the first country in Southeast Asia to operate a nuclear power plant. Vietnam has announced a nuclear energy plan that envisions installing several nuclear plants, capable of producing up to 14,800 megawatts of electric power (MWe), by 2030. Nuclear power is projected to provide 20%-30% of the country's electricity by 2050. Significant work remains, however, to develop Vietnam's nuclear energy infrastructure and regulatory framework. Since Vietnam has other commercial partners in the nuclear energy field, a lack of agreement with the United States would not be likely to have a significant impact on its nuclear energy plans.
Vietnam's Law on Atomic Energy, passed in 2008, forbids the development of nuclear weapons and all forms of nuclear proliferation. In 2007, Vietnam signed the IAEA Additional Protocol, a significant nonproliferation safeguard for nuclear power, which entered into force in September 2012. Vietnamese officials have said they have no interest in developing domestic enrichment or reprocessing capabilities, which can potentially be used to make fissile material for nuclear weapons, but they have not made a binding commitment not to do so. Vietnam is exploring the possibility of eventually mining domestic uranium reserves.
At least four issues were debated during the congressional review period for this agreement: (1) whether the agreement should have included stronger nonproliferation commitments such as a legally binding commitment by Vietnam not to build uranium enrichment and reprocessing facilities; (2) the extent to which Vietnam's human rights record should affect the decision to enter into a nuclear energy agreement; (3) the weight that should be given to the growing strategic relationship between the United States and Vietnam; and (4) the extent to which U.S. companies would benefit from an agreement.