THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 42/2020/ND-CP	Hanoi, April 08, 2020

 

DECREE

ON LIST OF DANGEROUS GOODS, TRANSPORT OF DANGEROUS GOODS BY LAND MOTOR VEHICLES AND TRANSPORT OF DANGEROUS GOODS BY INLAND WATERWAYS

THE GOVERNMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Law on Atomic Energy dated June 03, 2008;

Pursuant to Law on Chemicals dated June 29, 2018;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and Law on Amendment to some Articles of the Law on Inland Waterway Transport dated June 17, 2014;

At the request of the Minister of Transport,

The Government hereby promulgates a Decree on list of dangerous goods, transport of dangerous goods by land motor vehicles and transport of dangerous goods by inland waterways.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for list of dangerous goods, transport of dangerous goods and issuance of licenses to transport dangerous goods by land motor vehicles and by inland waterways (hereinafter referred to as “transport licenses”).

2. Radioactive substances shall be transported in accordance with the regulations of this Decree and regulations of laws on atomic energy.

3. Industrial explosives shall be transported in accordance with the regulations of this Decree and regulations of laws on industrial explosives.

4. Dangerous goods serving national defense and security tasks of armed forces shall be transported in compliance with regulations of the Minister of Public Security and Minister of National Defense.

5. Hazardous waste shall be transported according to the regulations of this Decree and regulations of the Law on Environmental Protection.

6. In case of conflict between a regulation of this Decree and a regulation of a law on atomic energy, industrial explosives, environmental protection, combat gears or fire prevention and fighting, the regulation of the law on atomic energy, industrial explosives, environmental protection or combat gears shall prevail.

Article 2. Regulated entities

1. This Decree is application to Vietnamese and foreign organizations and individuals involved in transport of dangerous goods by land motor vehicles and by inland waterways within the territory of the Socialist Republic of Vietnam.

2. The Prime Minister has the power to decide application of special regulations and measures to transport of dangerous goods in the following cases:

a) Urgent transport of goods for prevention and control of infectious diseases, acts of god or conflicts;

b) Transit of goods from countries and international organizations that are not signatories to Vietnam-related international conventions.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “dangerous substance” refers to a gas, liquid or solid substance or compound that may pose a threat to human life or health, the environment or national security and safety.

2. “dangerous goods” means goods containing dangerous substances that are a risk to human life or health, the environment or national security and safety when transported by land or inland waterways.

3. “carrier" means an organization or individual that uses a land motor vehicle or an inland watercraft to transport dangerous goods.

4. “consignor” refers to an organization or individual that has concluded a contract on transport of dangerous goods by land or inland waterways with the carrier.

5. “loader" means an organization or individual involved in loading and unloading of dangerous goods into or from a land motor vehicle or an inland watercraft or at a warehouse or yard storing dangerous goods.

6. “consignee” means an organization or individual named the recipient of dangerous goods on the consignment note.

7. “driver" means the driver of an automobile or the captain/operator of an inland watercraft.

8. “escort" refers to an individual employed by the consignor (or goods owner) to escort transport of dangerous goods.

Chapter II

CLASSIFICATION, LIST, PACKING AND LABELING OF DANGEROUS GOODS

Article 4. Classification of dangerous goods

1. Based on their chemical and physical characteristics, dangerous goods are classified into the 9 following classes and divisions:

Class 1. Explosives.

Division 1.1: Substances and articles which have a mass explosion hazard.

Division 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard.

Division 1.3: Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.

Division 1.4: Substances and articles which are classified as explosives but which present no significant hazard.

Division 1.5: Very insensitive substances which have a mass explosion hazard.

Division 1.6: No hazard statement.

Class 2. Gasses.

Division 2.1: Flammable gases.

Division 2.2: Non-flammable non-toxic gases.

Division 2.3: Toxic gases.

Class 3. Flammable liquids and liquid desensitized explosives.

Class 4.

Division 4.1: Flammable solids, self-reactive substances and solid desensitized explosives.

Division 4.2: Substances liable to spontaneous combustion.

Division 4.3: Substances which in contact with water emit flammable gases.

Class 5.

Division 5.1: Oxidizing substances.

Division 5.2: Organic peroxides.

Class 6.

Division 6.1: Toxic substances.

Division 6.2: Infectious substances.

Class 7: Radioactive materials.

Class 8: Corrosive substances.

Class 9: Miscellaneous dangerous substances and articles.

2. Containers and wrappings of dangerous goods that have not undergone interior and exterior cleaning after unloading shall also be treated as dangerous goods.

Article 5. List of dangerous goods

1. List of dangerous goods classified into appropriate classes and divisions and provided with UN substance identification numbers and hazard identification numbers are elaborated in Appendix I of this Decree.

2. The hazard level of each substance listed in the list of dangerous goods is represented by a hazard identification number consisting of two or three figures and provided for in Appendix II of this Decree.

Article 6. Wrappings and containers of dangerous goods

1. Wrappings and containers of dangerous goods (hereinafter collectively referred to as “packaging”) and packing of dangerous goods in Vietnam’s territory must satisfy the national standards (TCVN) or national technical regulations (QCVN) applicable to such goods.

Packaging and packing of any class or division of dangerous goods without applicable national standards or national technical regulations shall satisfy regulations of the supervisory Ministry or international technical regulations/standards announced by the supervisory Ministry.

2. Supervisory Ministries shall publish international regulations and standards on packaging and packing of dangerous goods under their management.

Article 7. Hazard labels, placards and signs

1. Dangerous goods shall be labeled in accordance with the Government’s regulations on goods labels.

2. Hazard placards and signs shall be affixed at a location easily noticed on the packaging. Size, designs and colors of hazard placards are provided for in Section 1 Appendix III enclosed therewith.

3. A hazard sign shall consist of a UN substance identification number written in the middle of a rectangular orange panel in the size specified in Section 2 of Appendix III enclosed therewith. Hazard signs shall be affixed under hazard placards.

Chapter III

TRANSPORT OF DANGEROUS GOODS

Section 1. TRANSPORT OF DANGEROUS GOODS BY LAND MOTOR VEHICLES

Article 8. Requirements for participants in transport of dangerous goods

1. Drivers of vehicles transporting dangerous goods (hereinafter referred to as “vehicles”) must receive training and obtain training completion certificates according to regulations.

2. Warehouse-keepers, escorts and loaders for dangerous goods must receive training in the type of dangerous goods to be stored, escorted or loaded/unloaded and obtain training completion certificates according to regulations.

Article 9. Requirements for vehicles transporting dangerous goods

1. Vehicles must be roadworthy according to regulations of laws and specialized equipment thereof must satisfy national technical standards or national technical regulations or regulations of supervisory Ministries.

2. Vehicles must have hazard placards affixed on both of their sides and their back. If a vehicle carries multiple types of dangerous goods, it must be affixed with hazard placards for all those types of goods.

3. Vehicles must be cleaned and have all hazard placards removed from their bodies when all cargo have been unloaded and the vehicles no longer transport the same type of goods. Such cleaning and removal of hazard placards shall be carried out following prescribed procedures and at designated locations.

Article 10. Loading, unloading and storage of dangerous goods in warehouses or yards

1. Organizations and individuals involved in loading, unloading and storage of dangerous goods in warehouses or yards must adhere to the guidelines on preservation, loading, unloading and transport of each class of dangerous goods or the instructions provided by the consignor.

2. Loading and unloading of dangerous goods must be instructed and supervised by the warehouse-keeper, consignor or escort. Classes of dangerous goods that might react to each other and increase the level of hazard shall not be transported on the same vehicle. Classes and divisions of dangerous goods that require separate loading, unloading and storage must be loaded and unloaded at separate warehouses or yards.

3. When transporting dangerous goods that do not require escorts, the carrier shall load and unload the goods following the consignor's instructions.

4. After all dangerous goods have been moved out, warehouses and yards must be cleaned to avoid affecting other types of goods according to the prescribed procedures.

Article 11. Transport of flammable and explosive substances through tunnels and on ferries

1. Explosives, gases, gasoline, oils and other flammable and explosive substances shall not be transported through tunnels longer than 100m.

2. A vehicle transporting explosives, gases, gasoline, oils and other flammable and explosive substances shall not be transported together with road users or passengers on a ferry.

3. Clause 1 and Clause 2 of this Article are not applicable to dangerous goods managed by supervisory Ministries in any of the cases mentioned in Clause 2 Article 2 of this Decree.

Section 2. TRANSPORT OF DANGEROUS GOODS BY INLAND WATERWAYS

Article 12. Requirements for participants in transport of dangerous goods

1. Crew members of watercrafts transporting dangerous goods must receive training and obtain the certificate of specialized training in transport of dangerous goods according to regulations of the Minister of Transport.

2. Warehouse-keepers, escorts and loaders for dangerous goods at inland waterway ports and terminals must receive training in the type of dangerous goods to be stored, escorted or loaded/unloaded and obtain training completion certificates according to regulations.

Article 13. Requirements for watercrafts transporting dangerous goods

1. Watercrafts must be seaworthy according to regulations of laws.

2. Watercrafts must have hazard placards affixed on both of their sides. If a watercraft carries multiple types of dangerous goods, it must be affixed with hazard placards for all those types of goods.

3. Watercrafts must be cleaned and have all hazard placards removed from their bodies when all cargo have been unloaded and the vehicles no longer transport the same type of goods. Such cleaning and removal of hazard placards shall be carried out following prescribed procedures and at designated locations.

Article 14. Loading, unloading and storage of dangerous goods in warehouses or yards

1. Loaders must load and unload dangerous goods according to regulations.

2. Loading and unloading of dangerous goods must be instructed and supervised by the warehouse-keeper, consignor or escort; and the captain shall position the cargo on their watercraft and decide cargo-securing measures suitable to each class or division of dangerous goods. Classes of dangerous goods that might react to each other and increase the level of danger shall not be placed in the same hold or hatch on the watercraft.

3. When transporting dangerous goods that do not require escorts, the carrier shall load and unload the goods following the consignor's instructions.

4. Classes and divisions of dangerous goods that require separate loading, unloading and storage must be loaded and unloaded at separate wharfs, terminals or warehouses.

5. After all dangerous goods have been moved out, warehouses and yards must be cleaned to avoid affecting other types of goods according to the prescribed procedures.

Chapter IV

LICENSE TO TRANSPORT DANGEROUS GOODS

Article 15. Contents, specimens and validity period of licenses to transport dangerous goods

1. Transport licenses consist of the following information:

a) Name, address and phone number of the license holder; full name and title of the legal representative;

b) Class and division of the dangerous goods;

c) Transport route and schedule;

d) Validity period of the license.

Licenses granted to individual shipments must include information on the vehicles and drivers thereof.

2. Authorities issuing transport licenses and hazard signs shall manage and provide for specimens of such licenses and signs.

3. Validity period of transport licenses granted to individual shipments or for certain periods of time at the carrier’s request shall not exceed 24 months or the service life of the vehicle.

Article 16. Competence in issuance of licenses to transport dangerous goods

1. Ministry of Public Security has the power to issue transport licenses for dangerous goods of class 1, class 2, class 3, class 4 and class 9 classified according to Clause 1 Article 4 of this Decree (excluding crop protection chemicals).

2. Ministry of Science and Technology has the power to issue transport licenses for dangerous goods of class 5 and class 8 classified according to Clause 1 Article 4 of this Decree.

3. Ministry of Agriculture and Rural Development has the power to issue transport licenses for dangerous crop protection chemicals.

4. Authorities issuing transport licenses (hereinafter referred to as "licensing authorities") shall decide transport routes and schedules for each class or division of dangerous goods classified according to Clause 1 Article 4 of this Decree.

5. Transport licenses for dangerous goods of class 7 shall be issued in compliance with regulations of Decrees on radiation work and auxiliary atomic energy application services.

6. Transport licenses in accordance with regulations of this Decree are not required for the following cases:

a) Transport of less than 1.080 kilogram of liquefied natural gas (LNG) and compressed natural gas (CNG) in total;

b) Transport of less than 2.250 kilogram of liquefied petroleum gas (LPG) in total;

c) Transport of less than 1.500 liter of liquid fuels in total;

d) Transport of less than 1.000 kilogram of crop protection chemicals in total;

dd) Transport of other dangerous substances of each class or division of dangerous goods.

Article 17. Applications for issuance or reissuance of licenses to transport dangerous goods

1. An application for issuance of the license to transport dangerous goods of class 5 and/or class 8 includes:

a) An application for the transport license made using the form in Appendix IV of this Decree;

b) A copy of an auto transport business license permitting freight transport business (for auto freight transport businesses) or a copy of the enterprise/cooperative registration certificate (for inland waterway transport businesses);

c) A copy or an authentic copy of list of vehicles enclosed with copies of unexpired inspection certificates for compliance with technical safety and environmental protection requirements of such vehicles issued by competent authorities (in case of chartering);

d) A copy or an authentic copy of list of drivers. In case of inland-waterway chartering, copies of certificates of specialized training of drivers are required;

dd) A copy or an authentic copy of the carrier’s transport plan, which must specify the transport route and schedule and emergency response measures;

e) A copy or an authentic copy of the certificate of conformity to technical regulation/standard or test report of the dangerous goods packaging material in compliance with regulations of the Minister of Industry and Trade on list of dangerous industrial goods requiring packaging when transported and transport of dangerous industrial goods by inland-waterway, railway and land motor vehicles and regulations of laws on quality of products and goods.

2. An application for issuance of the license to transport dangerous goods of class 1, class 2, class 3, class 4 and/or class 9 includes:

a) An application for the transport license made using the form in Appendix IV of this Decree;

b) A copy of an auto transport business license permitting freight transport business (for auto freight transport businesses) or a copy of the enterprise/cooperative registration certificate (for inland waterway transport businesses);

c) A copy or an authentic copy of list of vehicles enclosed with copies of unexpired inspection certificates for compliance with technical safety and environmental protection requirements of such vehicles issued by competent authorities (in case of chartering);

d) A copy or an authentic copy of list of drivers. In case of inland-waterway chartering, copies of certificates of specialized training of drivers are required;

dd) A copy or an authentic copy of the carrier’s transport plan, which must specify the transport route and schedule and emergency response measures in case of explosion or fire; and a copy or an authentic copy of the oil spill response plan (for transport of oil and gasoline by inland waterways);

e) A copy or an authentic copy of the agreement on purchase or provision of the industrial explosive or permit for industrial explosive testing (in case of transport for testing purpose) or decision on disposal of the industrial explosive (in case of transport for disposal purpose) issued by the competent authority;

g) A copy or an authentic copy of the inspection record on eligibility for transport of the industrial explosive of the vehicles and escorts and drivers thereof issued by the competent fire and rescue police unit (enclosed with an authentic copy for comparison);

h) A copy or an authentic copy of the registration of weight, type and time of receipt of the industrial explosive issued by the warehouse managing authority or the permit for transport to an industrial explosive loading/unloading point issued by the People's Committee of the central-affiliated city or province where such point is located;

i) A copy of the license for use or import of the industrial explosive issued by the competent authority;

k) A copy or an authentic copy of the permit for export or overseas transport of the industrial explosive issued by the competent authority (in case of overseas transport).

3. An application for issuance of the license to transport crop protection chemical includes:

a) An application for the transport license made using the form in Appendix IV of this Decree;

b) A copy of an auto transport business license permitting freight transport business (for auto freight transport businesses) or a copy of the enterprise/cooperative registration certificate (for inland waterway transport businesses);

c) A copy or an authentic copy of list of vehicles enclosed with copies of unexpired inspection certificates for compliance with technical safety and environmental protection requirements of such vehicles issued by competent authorities (in case of chartering);

d) A copy or an authentic copy of list of drivers. In case of inland-waterway chartering, copies of certificates of specialized training of drivers are required;

dd) A copy or an authentic copy of a provision contract or an export/import invoice for the crop protection chemical;

e) A copy or an authentic copy of the carrier’s transport plan, which must specify the transport route and schedule.

4. An application for reissuance of a transport license upon revocation, loss, damage or change to its contents consists of:

a) An application for reissuance of the license;

b) Documents proving the change to contents or remediation of the violation that leads to the license’s revocation.

Article 18. Procedures for issuance and reissuance of licenses to transport dangerous goods

1. Procedures for issuance of transport licenses:

a) The carrier shall submit an application for issuance of the transport license, which consists of the documents provided for in Clause 1, Clause 2 or Clause 3 of Article 17 of this Decree, to the licensing authority.

If the application is submitted in person, the competent administrative authority shall verify and notify the application's adequacy to the applicant immediately after it is submitted;

If the application is submitted by post or via the online public services system, within 01 working day from the date of receipt of the application, the competent administrative authority shall verify the application's adequacy and notify any necessary change to the application to the applicant in writing or via the online public services system.

Transport licenses for dangerous goods of class 7 shall be issued in compliance with regulations of Decrees on radiation work and auxiliary atomic energy application services;

b) Within 05 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application and issue the transport license. If the application is rejected, the licensing authority shall provide an explanation for the applicant in writing or via the online public services system.

2. Procedures for reissuance of a transport license upon revocation, loss, damage or change to its contents:

a) The carrier shall submit an application for reissuance of the transport license, which consists of the documents provided for in Clause 4 Article 17 of this Decree, to the licensing authority. The licensing authority shall notify any necessary change to the application to the applicant directly or in writing or via the online public services system within 01 working day from the date of receipt of the application.

b) Within 03 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application and issue the transport license. If the application is rejected, the licensing authority shall provide an explanation for the applicant in writing or via the online public services system.

3. A revoked transport license may be reissued following the procedures provided for in Clause 1 of this Article. The application for such reissuance must include documents proving remediation of the violation that leads to the license’s revocation.

4. During transport of dangerous goods, if there is any change to the vehicles and/or drivers listed in the approved application for the transport license, the carrier must send a list of and dossiers on the substitute vehicles and drivers to the licensing authority before transporting the dangerous goods.

Within 01 working day from the date of receipt of the list and dossiers from the carrier, the licensing authority shall review and publish the list of the substitute vehicles and drivers. If the licensing authority does not approve such substitution, it shall provide an explanation for the carrier in writing or via the online public services system.

5. Applications shall be received and results shall be informed at offices of licensing authorities or by post or via other forms suitable according to regulations.

Article 19. Revocation of licenses to transport dangerous goods

1. A carrier will have its transport license revoked for an indefinite period of time in any of the following cases:

a) A copy inconsistent with its authentic copy or erroneous information is included in the transport license application;

b) The carrier does not transport dangerous goods in accordance with the transport license application or the transport license granted;

c) The carrier terminates its operation according to regulations of laws or of its volition.

2. A licensing authority has the power to revoke a transport license it issued following this procedure:

a) Promulgate a decision to revoke the transport license;

b) Send the transport license revocation decision to the carrier and post it on the licensing authority’s website;

c) Upon promulgation of the transport license revocation decision, the carrier shall submit its transport license to the licensing authority and stop transporting dangerous goods according to this decision immediately after its entry into force. In case the carrier commits the violation stated in point a or point b Clause 1 of this Article, which leads to revocation of the transport license, the licensing authority shall not reissue the transport license for 1 month starting from the entry into force of the revocation decision. After this 1 month, if the carrier wishes to continue transporting dangerous goods, it may reapply for the transport license according to regulations in Clause 3 Article 18 of this Decree;

d) Announce revocation of the transport license via mass media and on the licensing authority’s website.

3. Carriers whose transport licenses are revoked by competent authorities must cease all activities related to transport of dangerous goods according to the decision to impose administrative sanction. After such revocation, if a carrier wishes to continue transporting dangerous goods, it may reapply for the transport license according to regulations in Clause 3 Article 18 of this Decree.

Chapter V

IMPLEMENTATION

Article 20. Ministry of Transport

Ministry of Transport shall:

1. Take charge and cooperate with relevant ministries in amending and proposing list of dangerous goods to the Government for promulgation.

2. Promulgate national technical regulations on technical safety and environmental protection applicable to inland watercrafts and land motor vehicles transporting dangerous goods and specialized equipment permanently attached to vehicles.

3. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods.

Article 21. Ministry of Public Security

Ministry of Public Security shall:

1. Manage transport of dangerous goods and issue transport licenses for dangerous goods of class 1, class 2, class 3, class 4 and class 9 classified according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport and Ministry of Industry and Trade in amending list of the dangerous goods of class 1, class 4 and class 9 classified according to Clause 1 Article 4 of this Decree.

3. Regulate contents and time of training and standards for officials in charge of training drivers, warehouse-keepers, escorts and loaders involved in transport of the dangerous goods of class 1, class 4 and class 9; and specify the dangerous goods of class 1, class 4 and class 9 that require escorts when transported.

4. Stipulate list of dangerous goods of class 4 and class 9 that must be packed when transported; provide technical regulations and standards for packaging of dangerous goods of class 1, class 4 and class 9 classified according to Clause 1 Article 4 of this Decree.

5. Cooperate with the Ministry of Natural Resources and Environment in promulgation of regulations on locations and procedures for cleaning of vehicles after transport of dangerous goods and cleaning procedures after dangerous goods are transported out of warehouses and yards.

6. Take charge and cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

Article 22. Ministry of Science and Technology

Ministry of Science and Technology shall:

1. Manage transport of dangerous goods and issue transport licenses for dangerous goods of class 5 and class 8 classified according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport in amending list of dangerous goods of class 5, class 7 and class 8 classified according to Clause 1 Article 4 of this Decree.

3. Regulate contents and time of training and standards for officials in charge of training drivers, warehouse-keepers, escorts and loaders involved in transport of dangerous goods of class 5, class 7 and class 8; and specify the dangerous goods that require escorts when transported.

4. Publish list of the dangerous goods of class 5, class 7 and class 8 classified according to Clause 1 Article 4 of this Decree that must be packed when transported.

5. Elaborate materials used to produce packaging; and provide technical regulations and standards applicable to packaging of each class or division of the dangerous goods whose transport licenses are issued by the Ministry of Science and Technology.

6. Cooperate with the Ministry of Natural Resources and Environment in promulgation of regulations on locations and procedures for cleaning of vehicles after transport of dangerous goods and cleaning procedures after dangerous goods are transported out of warehouses and yards.

7. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

Article 23. Ministry of Health

Ministry of Health shall:

1. Manage transport of toxic substances for medical use and insecticides and disinfectants for household use classified according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport in amending list of toxic substances and infectious substances for medical use and insecticides and disinfectants for household use.

3. Regulate contents and time of training and standards for officials in charge of training drivers, warehouse-keepers, escorts and loaders involved in transport of toxic substances and infectious substances for medical use and insecticides and disinfectants for household use; and specify the dangerous goods that require escorts when transported.

4. Publish list of toxic substances for medical use and insecticides and disinfectants for household use that must be packed when transported.

5. Elaborate materials used to produce packaging of toxic substances for medical use and insecticides and disinfectants for household use to be transported; and provide technical regulations and standards applicable to such packaging.

6. Cooperate with the Ministry of Natural Resources and Environment in promulgation of regulations on locations and procedures for cleaning of vehicles after transport of dangerous goods and cleaning procedures after dangerous goods are transported out of warehouses and yards.

7. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

Article 24. Ministry of Industry and Trade

Ministry of Industry and Trade shall:

1. Manage transport of dangerous goods of class 2 and class 3, oil, gasoline, natural gas and dangerous substances besides those abovementioned classified according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport and Ministry of Public Security in amending list of dangerous goods of class 2, class 3, oil, gasoline, natural gas and dangerous substances besides those abovementioned classified according to Clause 1 Article 4 of this Decree; and cooperate with the Ministry of Public Security in amending list of dangerous goods of class 1.

3. Formulate regulations concerning oil, gasoline, natural gas and dangerous substances besides those abovementioned classified according to Clause 1 Article 4 of this Decree.

4. Regulate contents and time of training and standards for officials in charge of training drivers, warehouse-keepers, escorts and loaders involved in transport of dangerous goods of class 2, class 3, oil, gasoline, natural gas and dangerous substances besides those abovementioned classified according to Clause 1 Article 4 of this Decree; and specify the dangerous goods that require escorts when transported.

5. Stipulate list of dangerous goods that must be packed when transported; provide technical regulations and standards for packaging of dangerous goods of class 2, class 3, oil, gasoline, natural gas and dangerous substances besides those abovementioned classified according to Clause 1 Article 4 of this Decree.

6. Cooperate with the Ministry of Natural Resources and Environment in promulgation of regulations on locations and procedures for cleaning of vehicles after transport of dangerous goods and cleaning procedures after dangerous goods are transported out of warehouses and yards.

7. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

Article 25. Ministry of Agriculture and Rural Development

Ministry of Agriculture and Rural Development shall:

1. Manage transport of dangerous goods and issue transport licenses for crop protection chemicals according to regulations.

2. Take charge and cooperate with the Ministry of Transport in amending list of dangerous crop protection chemicals.

3. Regulate contents and time of training and standards for officials in charge of training drivers, warehouse-keepers, escorts and loaders involved in transport of dangerous crop protection chemicals; and specify the dangerous goods that require escorts when transported.

4. Publish list of crop protection chemicals that require packing when transported.

5. Elaborate materials used to produce packaging; and provide technical regulations and standards applicable to packaging of crop protection chemicals.

6. Cooperate with the Ministry of Natural Resources and Environment in promulgation of regulations on locations and procedures for cleaning of vehicles after transport of dangerous goods and cleaning procedures after dangerous goods are transported out of warehouses and yards.

7. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

Article 26. Ministry of Natural Resources and Environment

Ministry of Natural Resources and Environment shall:

1. Take charge and cooperate with relevant ministries in promulgation of regulations on locations and procedures for cleaning of vehicles after transport of dangerous goods and cleaning procedures after dangerous goods are transported out of warehouses and yards.

2. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

Article 27. People’s Committees of provinces and central-affiliated cities

People’s Committees of provinces and central-affiliated cities shall:

1. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods intra vires.

2. Direct district- and commune-level People’s Committees to perform the following tasks in case dangerous goods incidents take place within their provinces:

a) Assist drivers and escorts (if any) with saving human life, cargo and vehicles;

b) Move victims away from the scene and provide emergency aid for victims;

c) Protect cargo and vehicles to resume transport or store in warehouses or yards or transship following guidelines from competent authorities;

d) Identify the affected area, evacuate people from such area and report to supervisory People's Committees and other relevant regulatory bodies to mobilize handling forces promptly.

Article 28. Consignors

Consignors shall:

1. Pack each type of dangerous goods in accordance with the size, weight and packaging material requirements stated in applicable technical standards according to regulations.

2. Affix hazard placards, hazard signs and goods labels to packaging according to regulations of Article 8 herein.

3. Prepare at least 04 copies of a dossier on the dangerous goods to be transported, 03 of which shall be sent to the carrier, the unloader and the driver and 01 of which shall be retained by the consignor. The dossier shall consist of a consignment note that specifies name, code, class and division, total weight, type of packaging, number of packages, and manufacture date and location of the dangerous goods; and full names and addresses of the consignor and consignee.

4. Provide the carrier with transport requirements and emergency response guidelines, even when there are escorts, in writing.

5. Organize training and issue training completion certificates for escorts, loaders and warehouse-keepers. Retain training dossiers for at least 5 years. Assign escorts if required.

Article 29. Carriers

Carriers shall:

1. Use vehicles suitable to the type of dangerous goods to be transported. Provide usernames and passwords for automobile trackers or the automatic identification system (AIS) of the vehicles granted transport licenses for licensing authorities before transport (for commercial vehicles).

2. Inspect goods and ensure safety before transport begins as per regulations.

3. Comply with all requirements from the consignor and regulations stated in transport licenses.

4. Affix hazard placards applicable to the type of dangerous goods being transported according to regulations.

5. Clean and remove all hazard placards from the vehicles transporting dangerous goods when unloading is completed and the vehicles no longer transport the same type of goods.

6. Adhere to regulations written in transport licenses and only transport dangerous goods that require transport licenses and affixing of hazard placards and signs when holding unexpired and appropriate transport licenses.

7. Only transport dangerous goods when all requirements concerning procedures, dossiers and packing have been satisfied.

8. Follow instructions of supervisory authorities or construction units when transporting flammable substances, substances liable to spontaneous combustion or desensitized liquid or solid explosives through bridges or tunnels of extreme importance or constructions works with high temperature, welding sparks or electric sparks.

9. Provide oil spill response plans when transporting oil and/or gasoline by inland waterways.

10. Organize training and issue training completion certificates for drivers of land motor vehicles as regulated. Retain training dossiers for at least 3 years.

Article 30. Drivers

Drivers shall:

1. Adhere to regulations written in transport licenses and only transport dangerous goods that require transport licenses when they hold unexpired and appropriate transport licenses and all necessary hazard placards and signs have been affixed on packaging and their vehicles.

2. Follow instructions provided by the consignor and the carrier.

3. Follow instructions of supervisory authorities or construction units when transporting flammable substances, substances liable to spontaneous combustion or desensitized liquid or solid explosives through bridges or tunnels of extreme importance or constructions works with high temperature, welding sparks or electric sparks.

4. Bring the dangerous goods transport dossier provided by the consignor, unexpired transport license for the type of dangerous goods being transported, certificate of eligibility for dangerous goods transport (for drivers of land motor vehicles), certificate of specialized training (for captains or operators of inland watercrafts) and other documents required by law; and preserve dangerous goods during transport if there is no escort.

5. Take measures to eliminate or mitigate dangers posed by dangerous goods; report to the nearest commune-level People's Committee and relevant regulatory bodies for timely handling of dangerous goods incidents, which may affect human lives, vehicles, the environment and other goods, or traffic accidents when transporting dangerous goods. Notify the carrier and the consignor for cooperation in handling of situations that are beyond the driver's capacity.

6. Captains or operators of inland watercrafts, who are responsible for crewmember assignment, shall regularly instruct and supervise loading/unloading of dangerous goods into/from their watercrafts.

Chapter VI

IMPLEMENTATION CLAUSE

Article 31. Effect

1. This Decree takes effect from June 01, 2020 and supersedes the Government’s Decree No. 104/2009/ND-CP dated November 09, 2009 on list of dangerous goods and transport of dangerous goods by land motor vehicles and the Government’s Decree No. 29/2005/ND-CP dated March 10, 2005 on list of dangerous goods and transport of dangerous goods by inland waterways.

2. Organizations and individuals granted licenses to transport dangerous goods prior to the effective date of this Decree may continue to use such licenses until they expire or are reissued.

Article 32. Implementing responsibilities

Ministers, heads of Ministerial-level agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities and relevant enterprises and individuals shall implement this Decree./.

 

P.P. THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc