THE MINISTRY OF INDUSTRY AND TRADE No. 37/2020/TT-BCT | THE SOCIALIST REPUBLIC OF VIETNAM  Independence - Freedom - Happiness
Hanoi, November 30, 2020 |
CIRCULAR
Providing the List of dangerous goods requiring packaging during transport and the transport of dangerous goods by road motor vehicles, railway and inland waterways
Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 42/2020/ND-CP dated April 8, 2020, providing the List of dangerous goods and the transport of dangerous goods by road motor vehicles and the transport of dangerous goods on inland waterways;
Pursuant to the Government's Decree No. 65/2018/ND-CP dated May 12, 2018 detailing the implementation of a number of articles of the Law on Railway;
At the proposal of the Director of the Industrial Safety Techniques and Environment Agency;
The Minister of Industry and Trade promulgates the Circular providing the List of dangerous goods requiring packaging during transport and the transport of dangerous goods by road motor vehicles, railway and inland waterways.
Chapter I. GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides the List of dangerous goods requiring packaging during transport; requirements on packaging and means of containment of dangerous goods; emergency response plans and training of participants in the transport of dangerous goods by road motor vehicles, railway and inland waterways under the management of the Ministry of Industry and Trade as prescribed in Article 24 of the Decree No. 42/2020/ND-CP.
Article 2. Subjects of application
This Circular applies to organizations and individuals carrying out the transport of dangerous goods and other organizations and individuals involved in the transport of dangerous goods by road motor vehicles, railway and inland waterways in the territory of Vietnam.
Article 3. Interpretation of terms
In this Circular, the following terms are construed as follows:
1. "Packaging of dangerous goods" is the performance of technical operations to contain dangerous goods in means of containment conforming to registered and announced standards.
2. “Means of containment” is a packaging, bottle, drum, barrel, tank or container used to store and transport dangerous goods. Means of containment of dangerous goods include:
a) “Packaging” (marked with P) is a means of containment with a water capacity of up to 450 liters or with a containing capacity of up to 400 kg.
b) “Large packaging” (marked with LP) is a means of containment with a water capacity of more than 450 liters or a containing capacity of more than 400 kg but with a volume of less than 3m3.
c) “Intermediate bulk containers” (marked with IBC) include:
- Metal IBC with a maximum volume of 3m3 for liquid and solid goods.
- Wooden, plastic and paper IBC with a maximum volume of 1.5m3 for solid goods.
d) “Inner packaging” (also known as direct packaging) is a means of containment that is in direct contact with goods, fully performs the function of containing goods without any other packaging.
dd) “Outer packaging” is a means of containment which contains inner packagings, together with absorbent and cushioning materials to protect the inner packagings during transport.
e) “Combined packaging” is a means of containment which consists of one or more inner packagings placed and fixed in the outer packaging.
g) “Specialized barrel, tank” are means of containment (barrel/tank system) which are fitted on a means of transport, including:
- Means of containment with a volume of more than 1m3 or a tank-container with a volume of more than 3 m3 which is intended to contain dangerous goods of Class 3 with flash point not exceeding 60°C (FL type, see Appendix III for details).
- Means of containment with a volume of more than 1m3 or a tank-container with a volume of more than 3m3 which is intended to contain dangerous goods different from FL type (AT type, see Appendix III for details).
h) “Container” is a barrel-shaped or box-shaped means of containment with a volume of more than 1 m3 which is intended to contain and transship all kinds of packaged goods.
3. “Bulk goods” is unpacked goods.
4. “Packing group” is the group to which packaged goods are assigned according to their degree of danger (marked with PG I, PG II, PG III).
Chapter II. LIST, REQUIREMENTS ON PACKING, MEANS OF CONTAINMENT FOR DANGEROUS GOODS AND TRANSPORT OF DANGEROUS GOODS
Article 4. List of dangerous goods requiring packaging during transport
The List of dangerous goods requiring packaging during transport is the List specified in Appendix I to this Circular (hereinafter referred to as the List).
Article 5. Requirements on danger symbols and danger signs
Sizes, signs, colors of danger symbols and signs shall comply with Article 7, Appendix I and Appendix III of the Decree No. 42/2020/ND-CP.
Article 6. Requirements on packaging of dangerous goods
1. Except for dangerous goods of Class 2, dangerous goods in solid and liquid forms are packed according to 3 groups specified in Column 6 of the List as follows:
a) High danger, displayed by number I (PG I).
b) Danger, displayed by number II (PG II).
c) Low danger, displayed by number III (PG III).
Specific regulations on packing groups are provided in Appendix II to this Circular.
2. Packaging codes of dangerous goods are specified in Column 9 of the List. Requirements on packaging materials, conditions and detailed packing specifications of dangerous goods for each packing code are specified in Appendix III to this Circular.
3. Manufactures or carriers of danger goods shall carry out packaging of dangerous goods in accordance with this Circular, corresponding national technical regulations in force and other legislative documents providing specific provisions on packaging and transport of dangerous goods.
Article 7. Requirements on examination, testing and inspection of means of containment
1. Means of containment of dangerous goods shall be examined, tested and inspected before they are used for packaging in accordance with the current laws.
2. Pressure means of containment, on the List of Machinery, equipment subject to strict occupational safety requirements must be undergo technical and occupational safety inspection as prescribed.
Article 8. Dangerous goods requiring escorts
Escorts are compulsory for the transport of dangerous goods with a mass greater than the one prescribed in Column 7 of the List.
Article 9. Emergency response
1. An emergency response plan is required in case of transport of dangerous goods with a mass greater than the one prescribed in Column 7 of the List. The contents of the emergency response plan are prescribed in Appendix IV to this Circular.
2. In case of transport of dangerous goods other than those specified in Clause 1 of this Article, it is required to have instructions for handlings of spill, leak, fire and explosion of goods being transported.
3. The emergency response plan or instructions for incident handlings must be carried during the transport of dangerous goods, kept and managed by the vehicle operator at a visible place on the vehicle's bridge.
4. The vehicle operator and escort must clearly understand the emergency response plan or instructions for incident handlings, carry out response procedures and fluently use equipment for handling fire, spill, leak. Before each transport of dangerous goods, the vehicle operator must check warning and incident handling equipment.
Chapter III. PROVISIONS ON TRAINING
Article 10. Subjects, contents, forms and duration of training
1. Subjects of training: Vehicle operators, warehouse keepers, escorts, cargo handlers participating in transport of dangerous goods.
2. Contents of training
a) Legal documents on transport of dangerous goods.
b) Dangerous characteristics of goods to be transported; danger symbols and signs on means of containment and means of transportation.
c) Requirements for means of transport, packaging and containers of dangerous goods.
d) Safety in loading, unloading and transporting dangerous goods; measures and procedures to be taken in case of accidents or incidents during the transport.
dd) Emergency response plan.
3. Forms and duration of training
a) Forms of training
- Initial training.
- Periodic training: 02 years.
- Retraining: when there is a change in dangerous goods being transported or when the employee is out of work for six months or more or does not meet the requirements of the examination.
b) Duration of training
- Initial training: At least 16 hours, including test time.
- Periodic training: A half of the duration of the initial training.
- Re-training: At least 12 hours, including test time.
c) The training for transporting dangerous goods can be organized separately or in combination with other safety training courses as prescribed by law.
Article 11. Standards of trainers
Trainers for vehicle operators, warehouse keepers, escorts, cargo handlers participating in transport of dangerous goods must possess bachelor’s degree or higher and have at least 5 years of experience in the profession suitable for training activities.
Article 12. Assessment of training results and retention of training dossiers
1. The carriers or training providers hired by the carriers for training shall be responsible for testing to assess the training results of operators of road motor vehicles.
2. The charterers or the training providers hired by the charterers for training shall be responsible for testing to assess the training results of escorts, cargo handlers and warehouse keepers.
3. Regulations on testing
a) The content of the test must be conformable with the content of the training.
b) The score to pass the test is the average score or higher.
4. Within 15 working days from the end of the training, the carriers or the training providers shall issue a decision to recognize the results of the training in transporting dangerous goods and grant Certificates of completion of the training program.
5. A training dossier includes:
a) Training documents.
b) List of participants with information and signatures confirming their participation in training according to the form in Appendix VI.
c) Information about the trainer, including: Full name, date of birth, number of people’s identity card/citizen’s identity card/passport, occupation, working place.
d) Training contents and testing results.
dd) A decision on recognition of training results, made according to the form in Appendix VII.
6. The carriers of dangerous goods shall be responsible for keeping dossiers as prescribed in Clause 5 of this Article for operators of road motor vehicles and present them at the request of state management agencies.
7. The charterers of dangerous goods shall be responsible for keeping dossiers specified in Clause 5 of this Article for escorts, cargo handlers and warehouse keepers and present them at the request of state management agencies.
8. The certificates of completion of the training program shall be made according to the form in Appendix V and be valid for 02 (two) years.
Chapter IV. IMPLEMENTATION ORGANIZATION
Article 13. Implementation organization
1. The Industrial Safety Techniques and Environment Agency shall assume the responsibilities for guiding and inspecting the implementation of this Circular.
2. Departments of Industry and Trade of provinces and centrally-run cities shall be responsible for:
a) Disseminating and guiding organizations and individuals transporting dangerous goods in their management areas to comply with this Circular.
b) Inspecting the implementation of training for operators of road motor vehicles, escorts, cargo handlers and warehouse keepers in the areas under their management.
3. Carriers, charterers and training providers of transporting dangerous goods shall be responsible for:
a) Organizing training or hire training providers to provide training of transporting dangerous goods according to regulations on training programs and contents specified in this Circular.
b) Ensuring that the trainers meet the standards specified in Article 11 of this Circular.
c) Carriers and charterers must fully comply with regulations on transport of dangerous goods specified in this Circular and relevant legal documents.
Article 14. Terms of implementation
1. This Circular takes effect from January 14, 2021 and replaces the Circular No. 44/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade on providing the List of dangerous industrial goods requiring packaging during transport and transport of dangerous industrial goods by road motor vehicles, railway and inland waterways.
2. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the provisions of amended, supplemented or replaced documents shall apply.
3. Certificates of technical training for safe transport of dangerous goods issued before the effective date of this Circular are still valid until their expiration date.
4. Any difficulty arising in the course of implementation shall be reported to the Ministry of Industry and Trade for timely consideration and settlement./.
| THE MINISTER Tran Tuan Anh |
* All Appendices are not translated herein.
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