Decree 34/2024/ND-CP List of dangerous goods, transport of dangerous goods by road motor vehicles, inland waterway vessels

DECREE

Providing the List of dangerous goods and the transport of dangerous goods by road motor vehicles and inland waterway vessels^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the June 3, 2008 Law on Atomic Energy;

Pursuant to the June 29, 2018 Law on Chemicals;

Pursuant to the November 17, 2020 Law on Environmental Protection;

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation; and the June 17, 2014 Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation;

At the proposal of the Minister of Transport;

The Government promulgates the Decree providing the List of dangerous goods and the transport of dangerous goods by road motor vehicles and inland waterway vessels.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the List of dangerous goods, the transport of dangerous goods and grant of licenses for transport of dangerous goods by road motor vehicles and transport of dangerous goods on inland waterways.

2. The transport of radioactive substances must, in addition to complying with this Decree, comply with the law on atomic energy.

3. The transport of weapons, explosive materials, supporting tools, explosive precursors and fireworks must comply with regulations on weapons, explosive materials, supporting tools, explosive precursors and fireworks.

4. The transport of dangerous goods of all kinds for security or national defense purposes by the armed forces must comply with this Decree and shall be organized by the Minister of Public Security or Minister of National Defense.

5. The transport of dangerous goods being hazardous wastes must, in addition to complying with this Decree, comply with the law on environmental protection.

6. In case of any difference between the provisions of this Decree and those of the laws on atomic energy, weapons, explosive materials, supporting tools, explosive precursors, fireworks, environmental protection, and fire protection, the latter shall prevail.

Article 2. Subjects of application  

1. This Decree applies to Vietnamese and foreign organizations and individuals involved in the transport of dangerous goods by road motor vehicles and on inland waterways in the territory of the Socialist Republic of Vietnam.

2. The Prime Minister shall decide on the application of special regulations and measures to the transport of :

a/ Goods to meet urgent requirements for epidemic, disaster and enemy sabotage prevention and control; and,

b/ Goods in transit of foreign countries and international organizations that have not concluded treaties concerning Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Dangerous substances means substances or compounds in gaseous, liquid or solid form that are likely to cause harms to the life or health of humans, the environment, or national safety and security.

2. Dangerous goods means goods that contain dangerous substances and, when being transported on roads or inland waterways, are likely to cause harms to the life or health of humans, the environment, or national safety and security.

3. Carrier means an organization or individual that uses road motor vehicles or inland waterway vessels to transport dangerous goods.

4. Shipper means an organization or individual that enters into a contract on transport of dangerous goods on roads or inland waterways with a carrier.

5. Stevedore means an organization or individual that deals with the loading/unloading of dangerous goods onto/from road motor vehicles or inland waterway vessels or at dangerous goods warehouses and storage yards.

6. Dangerous goods consignee means an organization or individual whose name is indicated in a bill of lading for dangerous goods.

7. Operator means a driver of a road motor vehicle or a crewmember or a driver of an inland waterway vessel.

8. Supercargo means an individual employed by a shipper (or a goods owner) to perform the duty of overseeing dangerous goods throughout the course of transport.

9. Warehouse-keeper means a person who is in charge of managing the state and quantity of all goods from the stage of warehousing to the stage of ex-warehousing thereof.

Chapter II

DANGEROUS GOODS CLASSIFICATION, LISTING, PACKAGING, LABELING AND SAFETY TRAINING

Article 4. Dangerous goods classification   

1. Depending on their chemical and physical properties, dangerous goods are classified into the following 9 classes with divisions:

a/ Class 1: Explosives and explosible articles;

Division 1.1: Substances and articles with a mass explosion hazard.

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

Division 1.3: Substances and articles with a fire hazard and a minor blast hazard or a minor projection hazard or both but not a mass explosion hazard.

Division 1.4: Substances and articles with a negligible hazard.

Division 1.5: Insensitive substances with a mass explosion hazard.

Division 1.6: Extremely insensitive articles without a mass explosion hazard.

b/ Class 2: Gases;

Division 2.1: Flammable gases.

Division 2.2: Non-flammable and non-toxic gases.

Division 2.3: Toxic gases.

c/ Class 3: Flammable liquids and desensitized liquid explosives;

d/ Class 4;

Division 4.1: Flammable solids, self-reactive substances and solid explosives immersed in liquids or desensitized.

Division 4.2: Substances liable to spontaneous combustion.

Division 4.3: Substances that, when in contact with water, emit flammable gases.

dd/ Class 5;

Division 5.1: Oxidizing substances.

Division 5.2: Organic peroxides.

e/ Class 6;

Division 6.1: Toxic substances.

Division 6.2: Infectious substances.

g/ Class 7: Radioactive substances;

h/ Class 8: Corrosive substances;

i/ Class 9: Miscellaneous dangerous substances and articles.

2. Dangerous goods packages and containers that have not yet been cleaned inside and outside after unloading of all dangerous goods shall also be regarded as dangerous goods of corresponding classes.

Article 5. List of dangerous goods

1. The list of dangerous goods shall be classified by class and division together with the United Nations (UN) numbers and hazard numbers specified in Appendix I to this Decree.

2. The hazard level of each substance on the list of dangerous goods is displayed by a hazard number consisting of 2 to 3 digits specified in Appendix II to this Decree.

Article 6. Packages, containers and packaging of dangerous goods

1. Packages, containers and packaging of dangerous goods in the territory of Vietnam must comply with national technical regulations (QCVN) or national standards (TCVN) or provisions of specialized laws applicable to classes of such goods. Packages and containers of imported goods must comply with manufacturers’ recommendations and requirements.

2. In case of non-availability of relevant national standards, national technical regulations or provisions of specialized laws or international standards or technical regulations declared by the ministry managing the list of dangerous goods, the following minimum requirements must be satisfied:

a/ The quality of packages and containers can help packages and containers withstand collisions and shocks during transport or transshipment of goods between vehicles and loading/unloading into/from warehouses;

b/ Packages and containers must ensure no leakage of hazardous substances during transport or when they are transported with such impacts as vibration, or change in temperature, humidity and pressure;

c/ The outer side of packages and containers must be clean and not contaminated with any dangerous chemicals;

d/ The parts of packages and containers in contact with hazardous substances must satisfy the requirements that their quality is not affected or deteriorated due to impacts of hazardous substances inside, and that they do not affect ingredients, properties and effects of dangerous goods;

dd/ Packages and containers of liquid dangerous goods must ensure that they do not suffer leakage or deformation due to the increase in the volume of liquids upon temperature change; have an appropriate tolerance to the pressure from the inside generated during transport; and be tested for leakage before being ex-workshopped;

e/ Inner packages and containers that are made of fragile or easy-to-puncture materials, such as glass, ceramic, porcelain or plastics, must be fixedly inserted with outer packages and containers with appropriate vibration-absorbing inserts and cushions;

g/ Packages and containers of volatile substances must ensure that such substances do not evaporate during transport as recommended by the manufacturers;

h/ Packages and containers of dangerous goods in particle or powder form must ensure that such goods are not dropped or spilled during loading/unloading and transport.

Article 7. Dangerous goods labels, hazard placards and danger signs

1. The labeling of dangerous goods must comply with the Law on Chemicals and the law on goods labeling.

2. The outer side of each package or container of dangerous goods must be affixed with a hazard placard and a danger sign in an easy-to-spot position. The sizes, symbols and colors of hazard placards are provided in Appendix III to this Decree.

3. Danger signs are in a rectangular form with their sizes and colors provided in Appendix III to this Decree. Danger signs shall be affixed below hazard placards.

Article 8. Dangerous goods safety training

1. Organization of dangerous goods safety training

a/ Shippers or carriers shall organize dangerous goods safety training or appoint the persons specified in Clause 2 of this Article to training courses of units having the function of providing dangerous goods safety training once every 2 years;

b/ Dangerous goods safety training activities may be organized in separate courses or in combination with other safety training activities;

c/ A person who has been provided with dangerous goods safety training shall be retrained in the following cases: There is a change in the type of dangerous goods during transport; his/her working position is changed; he/she is evaluated as not satisfying requirements after having undergone testing twice; or it is 2 years from the last training course.

2. Persons subject to dangerous goods safety training include operators, supercargoes, warehouse-keepers, and stevedores.

3. Contents of dangerous goods safety training

a/ Contents of dangerous goods safety training must be appropriate to positions and responsibilities of trainees; and characteristics, classes and hazards of dangerous goods. Training materials shall be prepared by shippers or carriers with their contents based on the classes and divisions of dangerous goods specified in Article 4 of this Decree;

b/ Training contents include: name of dangerous goods, hazards, classification and labeling of dangerous goods; safety risks during the preservation, loading/unloading and transport of dangerous goods; preservation, loading/unloading and transport processes suitable to working positions; regulations on safety of dangerous goods; processes of response to incidents: use of rescue vehicles to handle dangerous substance fire, explosion, leakage and dispersal incidents, provision of first aid to incident victims, use, preservation and inspection of safety devices and personal protection devices and equipment in response to incidents, process and diagram of communication and notification of incidents, coordination with competent agencies in mobilization of resources to respond to and remedy incidents, prevent and mitigate polluting sources from spreading to the environment, collect spilled dangerous substances, and carry out post-incident rehabilitation of the environment.

4. Dangerous goods safety trainers must possess university or higher degree and at least 5 years’ working experience relevant to the specialties they will train.

5. The duration of dangerous goods safety training is at least 16 hours for each dangerous goods class or division, inclusive of the testing time.

6. Evaluation of results and retention of dossiers of dangerous goods safety training

a/ Shippers or carriers or units with the dangerous goods safety training function shall organize tests to evaluate dangerous goods safety training results;

b/ Testing of training contents: Tests must conform to training contents. A test must last for at most 2 hours. Test papers marked with the average score or higher will be regarded as satisfactory;

c/ Within 7 working days from the date of conclusion of a training course and testing of dangerous goods safety training results, the organizer of the training course and testing shall issue a decision on recognition of testing results and grant a certificate of completion of dangerous goods safety training.

7. A dossier for dangerous goods safety training must comprise: training contents; a list of trainees containing information about full name, date of birth, title, working position, and signature for certification of training participation; information about the trainer, including full name, date of birth, academic level, specialty(ies) in which he/she has been trained, and working experience, accompanied by supporting documents; training contents and results; and the training organizer’s decision on recognition of testing results.

8. Training organizers shall retain the dossiers specified in Clause 7 of this Article for 3 years and produce them when so requested by state management agencies.

Chapter III

TRANSPORT OF DANGEROUS GOODS

Section 1

TRANSPORT OF DANGEROUS GOODS BY ROAD MOTOR VEHICLES

Article 9. Conditions on persons participating in the transport of dangerous goods

1. Operators of vehicles transporting dangerous goods must fully satisfy conditions for operating such vehicles and have completed training courses on dangerous foods safety and been granted certificates of completion of a dangerous foods safety training program in accordance with this Decree.

2. Dangerous goods supercargoes, warehouse-keepers and stevedores must be trained in dangerous foods safety and granted certificates of completion of a dangerous foods safety training program for the dangerous goods they oversee, load/unload or store in warehouses.

Article 10. Conditions on vehicles transporting dangerous goods      

1. Vehicles transporting dangerous goods must fully satisfy the law-specified conditions for joining traffic. Special-use equipment of vehicles transporting dangerous goods must conform to national standards or national technical regulations or regulations of line ministries.

2. Vehicles transporting dangerous goods must be affixed with dangerous goods placards. A vehicle transporting different dangerous goods classes must be affixed with all placards for such dangerous goods classes. Dangerous foods placards shall be affixed on both lateral sides and front and rear sides of vehicles in order to be easy to spot.

3. After having all dangerous foods unloaded, vehicles transporting dangerous goods shall be cleaned and have dangerous goods placards affixed thereon removed or erased in case they are no longer used for transport of such dangerous goods. Carriers and operators of vehicles shall clean and remove or erase dangerous goods placards from such vehicles in case the vehicles are no longer used to transport such dangerous goods.

Article 11. Loading/unloading of dangerous goods onto/from vehicles and storage of dangerous goods in warehouses and storage yards

1. Organizations and individuals involved in the loading/unloading of dangerous goods onto/from vehicles and storage of dangerous goods in warehouses and storage yards shall strictly follow instructions on preservation, loading/unloading and transport for each dangerous goods class or notices of shippers.

2. The loading/unloading of dangerous goods shall be directly guided and supervised by warehouse-keepers, shippers or supercargoes. It is not allowed to together arrange goods of different types that are likely to interact, thus heightening the danger on board the same vehicle. Dangerous goods classes and divisions subject to loading/unloading and storage in separate places, the loading/unloading thereof shall be carried out in separate warehouses, wharves and storage yards.

3. In case of transport of dangerous goods not requiring supercargoes, carriers shall carry out the loading/unloading of such goods under instructions of shippers.

4. After all dangerous goods are brought out of warehouses and storage yards, such warehouses and storage yards shall be cleaned so as not to affect other goods therein.

Article 12. Transport of dangerous goods being flammable and explosible substances through tunnels and ferries

1. It is prohibited to transport explosives, gases, gasoline, oil and other flammable and explosible substances and desensitized solids through tunnels of a length of 100 meters or more.

2. It is prohibited to simultaneously transport people (traffic participants or passengers) and vehicles (licensed to transport dangerous goods) that are carrying explosives, gases, gasoline, oil and other flammable and explosible substances on board the same ferry.

Section 2

TRANSPORT OF DANGEROUS GOODS ON INLAND WATERWAYS

Article 13. Conditions on persons participating in the transport of dangerous goods

1. Crewmembers and operators of inland waterway vessels who work on vessels carrying dangerous goods must have been trained and granted certificates of special professional training in transport of dangerous goods under regulations of the Minister of Transport; and must have been trained and granted certificates of completion of a dangerous goods safety training program in accordance with this Decree.

2. Supercargoes, warehouse-keepers and stevedores of dangerous goods on board inland waterway vessels and in inland waterway ports and wharves must have been trained and granted certificates of completion of a dangerous goods safety training program for the dangerous goods they oversee, load, unload or store in warehouses.

Article 14. Conditions on vessels transporting dangerous goods

1. Vessels transporting dangerous goods must fully satisfy the law-specified conditions for joining traffic.

2. Vessels transporting dangerous goods must be affixed with dangerous goods placards. A vessel carrying different dangerous goods classes must be affixed with all placards for such dangerous goods classes. Dangerous foods placards shall be affixed on both lateral sides of vessels.

3. After having all dangerous foods unloaded, vessels transporting dangerous goods shall be cleaned and have dangerous goods placards affixed thereon removed or erased in case they are no longer used for transport of such dangerous goods. Carriers, crewmembers or operators of inland waterway vessels shall clean and remove or erase dangerous goods placards from such vessels in case the vessels are no longer used to transport such dangerous goods.

Article 15. Loading/unloading of dangerous goods onto/from vessels and storage of dangerous goods in warehouses and storage yards

Stevedores of dangerous goods shall comply with regulations on loading of cargoes onto board inland waterway vessels and the following regulations:

1. The loading/unloading of dangerous goods shall be directly guided and supervised by warehouse-keepers and shippers or supercargoes; vessel masters shall decide on diagrams for loading of dangerous goods onto their vessels and on cushioning and lashing modes suitable to characteristics of each dangerous goods class or division. It is not allowed to arrange together goods of different types that are likely to interact, thus heightening the danger in the same compartment or cargo hold of a vehicle.

2. In case of transport of dangerous goods not requiring supercargoes, carriers shall carry out the loading/unloading of such goods under instructions of shippers.

3. Dangerous classes and divisions subject to loading/unloading and storage in separate places, the loading/unloading thereof shall be carried out in separate wharves, landing stages and warehouses.

4. After all dangerous goods are brought out of warehouses and storage yards, such warehouses and storage yards shall be cleaned so as not to affect other goods therein.

Chapter IV

DANGEROUS GOODS TRANSPORT LICENSES

Article 16. Contents, forms and validity duration of dangerous goods transport licenses

1. Contents of a dangerous goods transport license

a/ Name, address and contact telephone number of the licensee; full name and title of the legal representative of the licensee;

b/ Dangerous goods classes and divisions;

c/ Transport route and itinerary (for shipment-based licenses);

d/ Validity duration of the license.

A shipment-based license must also contain information on vessels, vessel operators and supercargoes (in case of transport of dangerous goods requiring supercargoes).

2. Dangerous goods transport license forms must have QR codes and danger/hazard signs issued and managed by licensing agencies.

3. Dangerous goods transport licenses are valid nationwide. The validity duration of dangerous goods transport licenses is that requested by carriers but must neither exceed 24 months nor exceed operational life of vehicles.

Article 17. Competence to grant dangerous goods transport licenses and cases eligible for exemption from dangerous goods transport licenses

1. The Ministry of Public Security shall grant licenses for transport of dangerous goods of class 1, class 2, class 3, class 4 and class 9 as specified in Clause 1, Article 4 of this Decree (except pesticides and except the case specified in Clause 2 of this Article).

2. The Ministry of National Defense shall grant dangerous goods transport licenses to organizations and enterprises under its management.

3. The Ministry of Science and Technology shall grant licenses for transport of dangerous goods of class 5 and class 8 as specified in Clause 1, Article 4 of this Decree.

4. Provincial-level People’s Committees shall grant licenses for transport of dangerous goods being pesticides.

5. Dangerous goods transport licensing agencies shall base themselves on the dangerous classes and divisions specified in Clause 1, Article 4 of this Decree to decide on transport routes and duration.

6. The grant of licenses for transport of dangerous goods of class 7 must comply with the Decree on performance of radiation jobs and provision of services supporting the application of atomic energy.

7. Dangerous goods transport licensing agencies may refuse to grant licenses for transport of dangerous goods being flammable and explosible substances with transport routes through tunnels and ferries as specified in Article 12 of this Decree.

8. A dangerous goods transport license will be exempted under this Decree for organizations and individuals transporting dangerous goods being:

a/ Liquefied natural gases (LNG) and compressed natural gases (CNG) of a total volume of under 1,080 kg;

b/ Liquefied petroleum gases (LPG) of a total volume of under 2,250 kg;

c/ Liquid fuels of a total volume of under 1,500 liters;

d/ Pesticides of a total volume of under 1,000 kg; or,

dd/ Other dangerous toxic chemicals in dangerous goods classes and divisions.

9. Vehicles transporting dangerous goods not subject to dangerous goods transport licenses under Clause 8 of this Article must satisfy fire protection conditions specified by the law on fire protection during the transport.

Article 18. Dossiers for grant or re-grant of dangerous goods transport licenses

1. A dossier of application for a license for transport of dangerous goods of class 5 or class 8 must comprise:

a/ An application for a dangerous goods transport license, made according to the form provided in Appendix IV to this Decree;

b/ A copy or an e-copy or the original of the List of vehicles to be used for the transport of dangerous goods with unexpired inspection duration.

c/ A copy or an e-copy or the original of the List of operators of vehicles transporting dangerous goods (including full name, people’s identity card number or citizen identity card number or passport number, license number and class (for vehicle drivers); number and grade of professional qualification certificate (for crewmembers)) and the list of supercargoes for cases requiring supercargoes (including full name, people’s identity card number or citizen identity card number or passport number), enclosed with copies of certificates of completion of a safety training program;

d/ A copy or an e-copy or the original of the carrier’s plan on organization of transport of dangerous goods, made according to the form provided in Appendix V to this Decree (which must have at least the following contents: vehicle number plate; full name of vehicle operator; goods class and volume; transport route and duration; measures to respond to chemical incidents during the transport);

dd/ Copies or e-copies of certificates of completion of a safety training program of drivers of road motor vehicles, in case of transport of dangerous goods by road motor vehicles; copies or e-copies of special professional qualification certificates of crewmembers, in case of the transport of dangerous goods on inland waterways.

2. A dossier of application for a license for transport of dangerous goods of class 1, class 2, class 3, class 4 or class 9 must comprise:

a/ An application for a dangerous goods transport license, made according to the form provided in Appendix IV to this Decree;

b/ A copy or an e-copy or the original of the List of vehicles to be used for the transport of dangerous goods with unexpired inspection duration.

c/ A copy or an e-copy or the original of the List of operators of vehicles transporting dangerous goods (including full name, people’s identity card number or citizen identity card number or passport number, license number and class (for vehicle drivers); number and grade of professional qualification certificate (for crewmembers)) and the list of supercargoes for cases requiring supercargoes (including full name, people’s identity card number or citizen identity card number or passport number), enclosed with copies of certificates of completion of a safety training program;

d/ Copies or e-copies of certificates of completion of a safety training program of drivers of road motor vehicles, in case of transport of dangerous goods by road motor vehicles; copies or e-copies of special professional qualification certificates of crewmembers, in case of transport of dangerous goods on inland waterways;

dd/ A copy or an e-copy or the original of the carrier’s plan on organization of transport of dangerous goods, made according to the form provided in Appendix V to this Decree (which must have at least the following contents: vehicle number plate; full name of vehicle operator; goods class and volume; transport route and duration; emergency measures to respond to fire or explosion incidents); a copy or an e-copy or the original of the plan on response to oil spill incidents (applicable only in case of transport of gasoline and oil on inland waterways).

3. A dossier of application for a license for transport of dangerous goods being pesticides must comprise:

a/ An application for a dangerous goods transport license, made according to the form provided in Appendix IV to this Decree;

b/ A copy or an e-copy or the original of the List of vehicles to be used for the transport of dangerous goods with unexpired inspection duration.

c/ A copy or an e-copy or the original of the List of operators of vehicles transporting dangerous goods (including full name, people’s identity card number or citizen identity card number or passport number, license number and class (for vehicle drivers); serial number and grade of professional qualification certificate (for crewmembers)) and the list of supercargoes for cases requiring supercargoes (including full name, people’s identity card number or citizen identity card number or passport number), enclosed with copies of certificates of completion of a safety training program under regulations;

d/ A copy or an e-copy or the original of one of the following papers: supply contract, and financial invoice for import and export of pesticides;

dd/ A copy or an e-copy or the original of the carrier’s plan on organization of transport of dangerous goods, made according to the form provided in Appendix V to this Decree (which must have at least the following contents: vehicle number plate; full name of vehicle operator; goods class and volume; transport route and duration);

e/ Copies or e-copies of certificates of completion a safety training program of drivers of road motor vehicles, in case of transport of dangerous goods by road motor vehicles; copies or e-copies of special professional qualification certificates of crewmembers, in case of transport of dangerous goods on inland waterways.

4. A dossier of request for modification of information in a dangerous goods transport license upon occurrence of a change related to contents of such license must comprise:

a/ A request for modification of information in dangerous goods transport license, made according to the form provided in Appendix IVa to this Decree;

b/ Document(s) proving the change related to contents of the license.

5. A dossier of request for re-grant of a dangerous goods transport license, which is lost or damaged, must comprise a request for re-grant of dangerous goods transport license (clearly stating whether the license is lost or damaged).

Article 19. Order and procedures for grant or re-grant of dangerous goods transport licenses

1. Procedures for grant of a dangerous goods transport license

a/ A dangerous goods carrier shall submit 1 dossier of application for a dangerous goods transport license as specified in Clause 1, 2 or 3, Article 18 of this Decree to the licensing agency.

In case of the dossier is hand-delivered, the agency in charge of settling administrative procedures shall check documents included in such dossier and make an immediate reply to the applicant. In case documents included in such dossier are not sufficient as required or contain inconsistencies, such agency shall guide the applicant to complete the dossier under regulations.

In case the dossier is submitted by post or via the online public service system: Within 1 working day after receiving the dossier, the agency in charge of settling administrative procedures shall check its completeness. If the dossier is incomplete, such agency shall send a written notice or send a notice via the online public service system to the applicant for dossier supplementation, and concurrently guide the latter in completing the dossier under regulations.

Particularly, procedures for grant of licenses for transport of dangerous goods of class 7 shall be carried out under regulations on performance of radiation jobs and provision of services to support the application of atomic energy.

b/ Within 5 working days after receiving a complete and valid dossier of application for a dangerous goods transport license, the licensing agency shall examine such dossier. In case of refusal to grant a license, the licensing agency shall reply in writing or send a notice via the online public service system, clearly stating the reason for the refusal.

2. Procedures for modification of information in a dangerous goods transport license upon the occurrence of a change related to contents of such license

a/ The dangerous goods carrier shall submit 1 dossier of application for a dangerous goods transport license specified in Clause 4, Article 18 of this Decree to the licensing agency.

In case the dossier is hand-delivered: The agency in charge of settling administrative procedures shall check documents included in the dossier and immediately reply the applicant. In case documents included in the dossier are not sufficient or contain inconsistencies, such agency shall guide the applicant in completing the dossier under regulations.

In case the dossier is submitted by post or via the online public service system: Within 1 working days after receiving the dossier, the agency in charge of settling administrative procedures shall check the completeness of the dossier. If the dossier is not complete as required, such agency shall send a written notice or send a notice via the online public service system to the applicant for dossier supplementation and concurrently guide dossier completion under regulations.

b/ Within 3 working days after receiving a complete and valid dossier, the licensing agency shall examine the dossier and issue a document on modification of contents of the dangerous goods transport license. In case of refusal to modify the license, the licensing agency shall reply in writing or notify such via the online public service system, clearly stating the reason for the refusal.

3. Procedures for re-grant of a dangerous goods transport license which is lost or damage

a/ The dangerous goods carrier shall submit 1 dossier of request for re-grant of dangerous goods transport license as specified in Clause 5, Article 18 of this Decree to the licensing agency.

In case of the dossier is hand-delivered, the agency in charge of settling administrative procedures shall check documents included in the dossier and immediately reply the requester. In case documents included in the dossier are not sufficient or contain inconsistencies, such agency shall guide the applicant in completing the dossier under regulations.

In case the dossier is submitted by post or via the online public service system: Within 1 working days after receiving the dossier, the agency in charge of settling administrative procedures shall check the completeness of the dossier. If the dossier is not complete as required, such agency shall send a written notice or send a notice via the online public service system to the requester for dossier supplementation and concurrently guide dossier completion under regulations.

b/ Within 2 working days after receiving a complete and valid dossier, the licensing agency shall examine the dossier. In case of refusal to re-grant the license, the licensing agency shall reply in writing or notify such via the online public service system, clearly stating the reason for the refusal.

4. During the transport of dangerous goods, if there is any change of vehicles and operators thereof compared to the list provided in the dossier for grant of dangerous goods transport license, the dangerous goods carrier shall send a notice of the list enclosed with dossiers of replacement vehicles and operators thereof to the licensing agency at least 3 working days before carrying out the transport.

Within 1 working day after receiving the notice enclosed with dossiers from the dangerous goods carrier, the licensing agency shall examine them and notify in writing the list of replacement vehicles and operators thereof. In case of refusal to do so, the licensing agency shall reply in writing or notify such via the online public service system, clearly stating the reason for the refusal.

5. The receipt of dossiers and notification of dossier processing results shall be carried out directly at head offices of licensing agencies or by post or via the network.

Article 20. Revocation of dangerous goods transport licenses

1. Dangerous goods carriers will have their dangerous goods transport licenses revoked in one of the following cases:

a/ They have provided copies untrue to the originals or untruthful information in their dossiers of application for dangerous goods transport licenses;

b/ They transport dangerous goods at variance with their dossiers of application for dangerous goods transport licenses or at variance with their granted dangerous goods transport licenses;

c/ They terminate their operation in accordance with law;

d/ They employ persons who have not yet been trained in dangerous goods safety under regulations to participate in the transport of dangerous goods.

2. Agencies that have granted dangerous goods transport licenses may revoke such licenses and shall follow the following procedures:

a/ Issuing license revocation decisions;

b/ Sending license revocation decisions to carriers and publishing information thereon on their websites (if any);

c/ After licensing agencies issue license revocation decisions, carriers shall return their licenses to the former and stop dangerous goods transport activities under such decisions as soon as the decisions take effect. In case carriers violate the provisions of Points a, b and d, Clause 1 of this Article and therefor have their licenses revoked, licensing agencies will not re-grant such licenses within 30 days after license revocation decisions take effect. Past this 30-day time limit, if wishing to continue to transport dangerous goods, a carrier shall carry out procedures as those for applying for a dangerous goods transport license under Article 18 of this Decree;

d/ Notifying the license revocation in the mass media and on their portals or websites. 

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 21. The Ministry of Transport

1. To assume the prime responsibility for summarizing opinions of related ministries and sectors in modifying or supplementing the list of dangerous goods before submitting it to the Government for promulgation; to sum up reports on the transport of dangerous goods in accordance with this Decree.

2. To promulgate national technical regulations on technical safety and environmental protection for inland waterway vessels and road motor vehicles carrying dangerous goods, special-use equipment fixed on (inseparable from) vehicles/vessels transporting dangerous goods.

3. To coordinate with related ministries and sectors in managing, inspecting and examining, and handling of violations in, the transport of dangerous goods.

Article 22. The Ministry of Public Security

1. To manage the list of dangerous goods of class 1 and class 4 under its management; to manage the transport of dangerous goods and grant dangerous goods transport licenses under Clause 1, Article 17 of this Decree.

2. To coordinate with the Ministry of Transport, Ministry of National Defense, Ministry of Industry and Trade and Ministry of Natural Resources and Environment in advising the Government on modification and supplementation of the list of dangerous goods of class 1, class 4 and class 9 under Clause 1, Article 4 of this Decree.

3. To assume the prime responsibility for, and coordinate with related ministries and sectors in, managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence; to inspect and examine, and handle violations in, dangerous goods safety training activities according to its competence.

Article 23. The Ministry of National Defense

1. To manage the transport of dangerous goods and grant dangerous goods transport licenses within the ambit of its management specified in Clause 2, Article 17 of this Decree.

2. To examine and control entry and exit and coordinate with other ministries and agencies in inspecting and supervising dangerous goods, transport of dangerous goods by road motor vehicles and on inland waterways in border areas, land border gates and port gates in accordance with law; to arrange dedicated lanes for specialized vehicles transporting dangerous goods to run at land border gates where numerous vehicles transporting dangerous goods are operating.

Article 24. The Ministry of Science and Technology

1. To manage the transport of dangerous goods and the list of dangerous goods, and grant dangerous goods transport licenses within the ambit of its management specified in Clause 3, Article 17 of this Decree.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport and Ministry of Industry and Trade in, advising the Government on modification and supplementation of the list of dangerous goods of class 5, class 7 and class 8 under Clause 1, Article 4 of this Decree before submitting it to the competent authority for approval and promulgation.

3. To specify dangerous goods of class 5 and class 8 for which supercargoes are required during the transport.

4. To assume the prime responsibility for, and coordinate with related ministries and sectors in managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence; to inspect and examine, and handle violations in, dangerous goods safety training activities within the ambit of its competence.

Article 25. The Ministry of Health

1. To manage the list of dangerous goods for toxic chemicals used in the healthcare sector and insecticides and disinfectants used for household use within the ambit of its management as specified in Clause 1, Article 4 of this Decree.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, advising the Government on modification and supplementation of the list of dangerous goods regarding toxic chemicals and infectious substances used in the healthcare sector and insecticides and disinfectants for household use.

3. To specify dangerous goods being toxic chemicals and infectious substances used in the healthcare sector and insecticides and disinfectants for household use for which supercargoes are required during the transport.

4. To coordinate with related ministries and sectors in managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence; to inspect and examine, and handle violations in, dangerous goods safety training activities according to its competence.

Article 26. The Ministry of Industry and Trade

1. To manage the list of dangerous goods of class 2, class 3 and class 9, dangerous goods being gasoline, oils, gases, dangerous chemicals, and the remaining dangerous toxic chemicals as specified in Clause 1, Article 4 of this Decree.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport, Ministry of Public Security and related ministries and sectors in, advising the Government on modification and supplementation of the list of dangerous goods of class 2, class 3, class 9, dangerous goods being gasoline, oils, gases, dangerous chemicals and the remaining dangerous toxic chemicals as specified in Clause 1, Article 4 of this Decree.

3. To coordinate with related ministries and sectors in managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence; to inspect and examine, and handle violations in, dangerous goods safety training activities according to its competence.

Article 27. The Ministry of Agriculture and Rural Development

1. To manage the list of dangerous goods being pesticides.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, advising the Government on modification and supplementation of the list of dangerous goods regarding pesticides.

3. To coordinate with related ministries and sectors in managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence.

Article 28. The Ministry of Natural Resources and Environment

To coordinate with related ministries and sectors in managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence.

Article 29. The Ministry of Finance

To inspect, supervise and control entry and exit; to inspect and supervise dangerous goods and vehicles transporting dangerous goods in areas of customs operation in accordance with law.

Article 30. Provincial-level People’s Committees

1. To manage the transport of dangerous goods and grant licenses for transport of dangerous goods being pesticides as specified in Clause 4, Article 17 of this Decree.

2. To coordinate with related ministries and sectors in managing, inspecting and examining, and handling violations in, the transport of dangerous goods according to its competence; to inspect and examine, and handle violations in, safety training for dangerous goods being pesticides.

3. Upon occurrence of any incident in the course of transport of dangerous goods in their localities, to direct district- and commune-level People’s Committees in:

a/ Assisting operators and supercargoes (if any) in rescuing people, goods and vehicles;

b/ Taking victims out of incident areas and providing first aid to victims;

c/ Organizing the protection of cargoes and vehicles for further transport or storage, warehousing or transshipment according to instructions of competent agencies;

d/ Zoning off and evacuating residents from affected areas, and concurrently reporting to higher-level People’s Committees and other related agencies for mobilization of necessary forces for timely handling.

Article 31. Shippers

1. To pack goods of sizes and weights and with package and container materials in conformity with technical standards of each class of dangerous goods.

2. To affix outer packages and containers with goods labels, hazard placards or danger signs as specified in Article 7 of this Decree.

3. To make 4 sets of dossiers for each dangerous goods to be transported (1 set to be sent to the carrier; 1 set to be sent to the stevedore; 1 set to be sent to the driver or captain or inland waterway vessel operator; and 1 set to be kept by the shipper). Such a dossier must comprise a consignment note, clearly stating the name of the dangerous goods, code, goods class and division, gross weight, type of packages, number of packages, date of manufacture, place of manufacture; full names and addresses of the shipper and consignee.

4. To notify in writing the carrier of requirements to be fulfilled during the transport, and guide the handling of accidents or incidents, including cases where supercargoes are available.

5. To organize or hire units with the function of providing dangerous goods safety training to provide training for supercargoes, stevedores and warehouse-keepers under Article 8 of this Decree; to assign supercargoes if supercargoes are required for dangerous goods.

6. To provide full protective gear under regulations to dangerous goods supercargoes, warehouse-keepers and stevedores.

Article 32. Carriers

1. To arrange vehicles suitable for classes of dangerous goods to be transported.

2. To check dangerous goods to ensure their safety before transporting them under regulations.

3. To fully observe notices of shippers and provisions of dangerous goods transport licenses.

4. To affix hazard placards for dangerous goods classes and divisions being transported under regulations.

5. To clean and remove or erase hazard placards from vehicles transporting dangerous goods after unloading all the goods if no longer transporting such goods.

6. To comply with provisions of licenses and only organize the transport of dangerous goods when possessing valid dangerous goods transport licenses for goods classes, divisions and names for which licenses, hazard placards and danger signs are required.

7. To transport only dangerous goods that are accompanied with complete procedures and valid dossiers, and are properly packed to ensure safety during the transport.

8. To follow instructions of direct management units or construction units when transporting dangerous goods that are flammable substances and spontaneously combustible substances, desensitized liquid explosives or solid explosives through particularly important bridges and tunnels of a length of under 100 meters or other works under construction with high temperatures, welding fires or electric sparks en route.

9. To work out plans on response to oil spills during the transport of gasoline and oils on inland waterways.

10. To organize training or hire units with the function of providing safety training of dangerous goods for operators under Article 8 of this Decree.

Article 33. Operators and supercargoes

1. To comply with provisions of licenses and only organize the transport of dangerous goods when possessing valid dangerous goods transport licenses for goods classes, divisions and names for which licenses are required; to ensure that vehicles, packages and containers are affixed with hazard placards and
danger signs.

2. To follow instructions in notices of dangerous goods shippers and instructions of dangerous goods carriers.

3. To follow instructions of direct management units or construction units when transporting dangerous goods that are flammable substances, spontaneously combustible substances, desensitized liquid explosives or solid explosives through particularly important bridges and tunnels or other works under construction with high temperatures, welding fires or electric sparks en route.

4. An operator shall carry along a dangerous goods transport dossier provided by a shipper, a valid dangerous goods transport license for the goods class, division and name for which he/she is required to have a license or certificate of completion of dangerous goods safety training relevant to the dangerous goods class and division being transported, a special professional qualification certificate (applicable to captains or operators of inland waterway vessels) and other papers as specified by law; to preserve dangerous goods during the transport when a supercargo is unavailable.

5. To implement measures to eliminate or limit potential harms of dangerous goods; to make records and report to the nearest commune-level People’s Committees and related agencies for timely handling when detecting incidents of dangerous goods that threaten the safety of people, vehicles, the environment and other goods or upon occurrence of traffic accidents during the transport. In case of an incident beyond their capacity, to immediately notify it to the carrier and shipper for coordination and timely handling.

6. Captains or operators of inland waterway vessels shall assign crewmembers to regularly guide and supervise the loading and unloading of dangerous goods on board vessels.

7. To follow instructions of direct management units or construction units when transporting dangerous goods being flammable substances, spontaneously combustible substances, desensitized liquid explosives or solid explosives through particularly important bridges and tunnels of a length of under 100 meters or other works under construction with high temperatures, welding fires or electric sparks en route.

8. Supercargoes shall carry along certificates of completion of dangerous goods safety training relevant to the dangerous goods class and division being transported.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 34. Effect

1. This Decree takes effect on May 15, 2024, and replaces the Government’s Decree No. 42/2020/ND-CP on April 8, 2020, providing the list of dangerous goods and the transport of dangerous goods by road motor vehicles and on inland waterways.

2. Organizations and individuals that have been granted dangerous goods transport licenses before the effective date of this Decree may continue to use such licenses and are not required to request re-grant thereof until their expiration or scheduled re-grant.

Article 35. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related individuals and units shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendices to this Decree are not translated.