VietnameseDecree No. 13/2003/ND-CP of February 19, 2003, prescribing the list of dangerous goods and the land-road transport of dangerous goods
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Decree No. 13/2003/ND-CP of February 19, 2003, prescribing the list of dangerous goods and the land-road transport of dangerous goods
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 13/2003/ND-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/02/2003 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Commerce - Advertising , Transport |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom– Happiness ---------- |
No: 13/2003/ND-CP | Ha Noi, February 19, 2003 |
DECREE
PRESCRIBING THE LIST OF DANGEROUS GOODS AND THE LAND-ROAD TRANSPORT OF DANGEROUS GOODS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to the Law on Land-Road Traffic of June 29, 2001;
At the proposal of the Minister of Communications and Transport,
Pursuant to the Law on Land-Road Traffic of June 29, 2001;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. This Decree prescribes the list of dangerous goods, the transport of dangerous goods and the competence to grant permits for transport of dangerous goods by land-road transport means.
2. Activities of transporting radioactive substances shall comply with the Government’s Decree No. 50/1998/ND-CP of July 16, 1998 guiding the implementation of the Ordinance on Radioactivity Safety and Control.
3. Activities of transporting industrial explosive materials, apart from being subject to this Decree, shall also comply with the Government’s Decree No. 47/CP of August 12, 1996.
Article 2.- Objects of application
1. This Decree applies to all domestic and foreign agencies, organizations and individuals that transport dangerous goods over the Vietnamese territory.
In cases where an international treaty concerning the land-road transport of dangerous goods which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from those of this Decree, the provisions of such international treaty shall apply.
2. The transport of assorted dangerous goods in service of national defense or security purposes of the armed forces shall be subject to regulations of the Minister of Defense and the Minister of Public Security.
Article 3.- Cases exempt from the application of the provisions of this Decree shall be decided by the Prime Minister, including:
1. Goods in service of urgent needs for preventing and combating epidemics, diseases, natural disasters or enemy sabotage.
2. Transited goods of countries or international organizations, with which Vietnam has not signed or acceded to agreements.
Article 4.- Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Dangerous substances are substances or compounds in gaseous, liquid or solid form which may cause harms to human life and health, the environment, safety and national security.
2. Dangerous goods are goods which contain dangerous substances and may, when being transported en route, cause harms to human life and health, the environment, safety and national security.
3. Goods consignors are agencies, organizations or individuals that send dangerous goods under their own names.
4. Goods consignees are agencies, organizations or individuals that receive dangerous goods under their own names.
5. Carriers are agencies, organizations or individuals that undertake the transportation of dangerous goods.
6. Customs clearance decision means the customs’ decision permitting goods to be exported or imported, transport means to exit or enter.
Chapter II
DANGEROUS GOODS
Article 5.- Classification of dangerous goods
1. Depending on their chemical and physical properties, dangerous goods are classified into the following 9 types and type groups:
Type 1:
Group 1.1: Explosives
Group 1.2: Industrial explosive substances and materials
Type 2:
Group 2.1: Flammable gases
Group 2.2: Non-flammable and non-hazardous gases
Group 2.3: Hazardous gases
Type 3: Flammable liquids and liquid desensitized explosives
Type 4:
Group 4.1: Flammable solid substances, self-reactive substances and solid desensitized explosives
Group 4.2: Spontaneously flammable substances
Group 4.3: Substances which, in contact with water, emit flammable gases
Type 5:
Group 5.1: Oxidizing substances
Group 5.2: Organic oxide compounds
Type 6:
Group 6.1: Hazardous substances
Group 6.2: Infectious substances
Type 7: Radioactive substances
Type 8: Corrosive substances
Type 9: Other dangerous substances and goods
2. Packages and tanks containing dangerous goods, which have not yet been cleansed inside and outside after the dangerous goods are completely removed therefrom, shall also be considered corresponding dangerous goods.
Article 6.- Lists of dangerous goods
1. Lists of dangerous goods are classified by types and type groups of dangerous goods together with their United Nations code numbers and danger identification numbers specified in Appendix 1.
2. The Ministry of Industry shall prescribe the list of goods of group 1.2 of type 1 (industrial explosive substances and materials).
3. The Ministry of Science and Technology shall prescribe the list of goods of type 7 (radioactive substances).
4. The danger of each substance contained in goods shall be denoted with danger identification numbers for one two- or three-digit group specified in Appendix 2.
Article 7.- Packing of dangerous goods for transport
1. Dangerous goods of types, which must be packed for transportation must be packed at the places of manufacture or distribution. The ministries and branches defined in Articles 6 and 10 of this Decree shall have to announce the lists of dangerous goods which must be packed for transportation.
2. The packing of dangerous goods in the Vietnamese territory must comply with the Vietnamese standards (VNS). Regarding goods types and groups, for which exists no Vietnamese standard, the branch-managing ministries shall prescribe additional regulations.
Article 8.- Packages and tanks containing dangerous goods
1. The goods line-managing ministries shall prescribe materials for use as packages or tanks containing dangerous goods on transport means; use technical standards and tested standards of containing packages or tanks for each kind of substances or each group of dangerous goods.
2. Only packages and tanks for containing dangerous goods satisfying the standards prescribed by the competent agencies shall be used.
Article 9.- Goods labels, danger symbols and danger signs
1. The labeling of dangerous goods shall comply with the provisions of the Regulation on labeling of domestically circulated, exported and imported goods, promulgated together with the Prime Minister’s Decision No. 178/1999/QD-TTg of August 30, 1999.
2. The outward side of each package or tank of dangerous goods shall be stuck with a danger symbol. The sizes, patterns and colors of danger symbols are prescribed in Section 1 of Appendix 3.
3. Transport means and containers containing dangerous goods shall:
a/ Be stuck with danger symbols of transported goods types or groups. In cases where a transport means or container is loaded with different goods types, the outward side of such transport means or container shall be stuck with symbols of all those goods types. Positions for sticking symbols are on both sides and the back of transport means and containers;
b/ Be stuck with danger signs which are of rectangular shape, in reddish-yellow and inscribed with the UN numbers in the middle. The size of danger signs is prescribed in Section 2 of Appendix 3. The position for sticking danger signs is below the danger symbols.
Article 10.- The proposals on supplements to the list of dangerous goods is prescribed in Clause 1 of Article 6; prescription of packaging specifications in Article 7; standards of containing packages and tanks in Clause 1, Article 8, and sticking of symbols of dangerous goods in Clause 2, Article 9, shall be publicized by following ministries within 180 days after the effective date of this Decree:
1. The Ministry of Agriculture and Rural Development shall elaborate and supplement regulations on plant protection drugs.
2. The Ministry of Health shall elaborate and supplement regulations on toxic chemicals for medical use and insecticide and bactericide chemicals for domestic use.
3. The Ministry of Trade shall elaborate and supplement regulations on petrol, oils and fuel gases.
4. The Ministry of Industry shall elaborate and supplement regulations on dangerous chemicals for use in industrial production.
5. The Ministry of Science and Technology shall elaborate and supplement regulations on radioactive substances.
6. The Ministry of Natural Resources and Environment shall elaborate and supplement regulations on remaining toxic and dangerous chemicals in dangerous goods types and groups.
Article 11.- The ministers shall report to the Prime Minister for decision supplements and/or amendments to the list of dangerous goods which need to be transported.
Chapter III
TRANSPORT OF DANGEROUS GOODS
Article 12.- Conditions on knowledge of laborers who are involved in the transport of dangerous goods:
1. Storekeepers, drivers of transport means, escorts of dangerous goods must go through training courses and obtain certificates of training in dangerous goods which they preserve or transport.
2. Responsibilities to train and grant training certificates:
a/ The goods line-managing ministries shall have to organize training courses and grant training certificates for drivers of means transporting dangerous goods;
b/ The branch-managing ministries shall have to organize the training for storekeepers and escorts of dangerous goods.
Article 13.- Loading and unloading of dangerous goods onto and from transport means and keeping thereof in stores and at storing yards
1. Organizations and individuals must strictly comply with the instructions in the regulations on preservation, loading, unloading and transport of each dangerous goods type or in notices of the goods consignors.
2. The loading and unloading of dangerous goods onto and from transport means must be conducted under the direct instruction and supervision by storekeepers, such means’ drivers or escorts.
Article 14.- Technical requirements on dangerous goods transport means
1. Transport means must fully satisfy the conditions for joining in traffic and protecting the environment.
2. Transport means equipped with special-use devices for transporting dangerous goods must be compatible with the standards prescribed by the branch-managing ministries.
3. Basing themselves on the standard regulations of the branch-managing ministries, the agencies in charge of expertising motorized land-road vehicles shall conduct the expertise and certify that such motorized land-road vehicles fully meet the conditions for transport of dangerous goods.
4. It is strictly prohibited to use means, which are not up to the technical standards or fail to meet the conditions for transport of dangerous goods, for transport of dangerous goods.
5. Transport means and containers carrying dangerous goods must, after having such goods completely unloaded without continuing to transport such type of goods, be cleansed and have all danger symbols stuck thereon removed.
Article 15.- Drivers of dangerous goods-transporting means, besides having to fully meet the conditions for driving transport means to join in traffic according to the regulations, must also have certificates of training in dangerous goods transport.
Article 16.- Regulations on safety in the transport of dangerous goods
Transport means owners and drivers must observe the following regulations applicable to the transport of dangerous goods:
1. Carriers must comply with regulations on transport routes, parking points and stops en route, time for transportation, loading capacities of transport means inscribed in permits.
2. Carriers must satisfy requirements of the goods consignors, parties inscribed in notices sent to them.
3. Drivers of transport means carrying dangerous goods being flammable substances, spontaneously flammable substances, sensitized liquid or solid explosives, when going through bridges and tunnels of particular importance or other works currently under construction on traffic roads where exist high temperatures, welding sparks or electric sparks, must follow instructions of the units directly managing or constructing such works.
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