Decree 161/2024/ND-CP list and transport of dangerous goods, transport of dangerous goods, grant of permits and certificates of completion of training courses for drivers or escorts transporting dangerous goods on roads

DECREE

Providing the List of dangerous goods, the transport of dangerous goods, and the order and procedures for grant of permits and certificates of completion of training courses for drivers or escorts transporting dangerous goods on roads

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 June 27, 2024 Law on Road Traffic Order and Safety;

Pursuant to the June 27, 2024 Law on Roads;

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

Pursuant to the November 21, 2007 Law on Chemicals; and the June 15, 2018 Law Amending and Supplementing a Number of Articles of Eleven Laws Related to the Planning Law;

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

At the proposal of the Minister of Transport;

The Government promulgates the Decree providing the List of dangerous goods, the transport of dangerous goods, and the order and procedures for grant of permits and certificates of completion of training courses for drivers or escorts transporting dangerous goods on roads.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the List of dangerous goods, the transport of dangerous goods, the grant of permits for transport of dangerous goods by road motor vehicles, and the grant of certificates of completion of training courses for drivers or escorts transporting dangerous goods by road motor vehicles.

2. The transport of radioactive substances shall comply with the law on transport of atomic energy.

3. The transport of weapons, explosives, supporting tools, explosive precursors and fireworks shall comply with the law on weapons, explosives, supporting tools, explosive precursors and fireworks.

4. Dangerous goods which are dangerous wastes shall comply with the law on environmental protection.

5. In case where there are different provisions between this Decree and the laws on transport of atomic energy, weapons, explosives, supporting tools, explosive precursors and fireworks, environmental protection, fire prevention and fighting, the provisions of the laws on transport of atomic energy, weapons, explosives, supporting tools, explosive precursors and fireworks, environmental protection, and fire prevention and fighting shall prevail.

6. For cross-border transport of dangerous goods by road within the framework of Agreements and Protocols implementing road transport agreements and their appendices, training certificates on transport of dangerous goods by road granted by competent agencies of other contracting parties shall be recognized for use when transporting within the territory of Vietnam.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

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

1. Carrier means an organization or individual that uses road motor vehicles under the lawful use rights of such organization or individual to carry out the transport of dangerous goods.

2. Consignor means an organization or individual that enters into a contract for transport of dangerous goods by road with a carrier.

3. Dangerous goods loaders or unloaders means organizations or individuals that load and unload dangerous goods on road motor vehicles or at warehouses and yards storing dangerous goods.

4. Escort means an individual employed by a consignor (or cargo owner) to perform the task of escorting dangerous goods throughout the transport process.

Chapter II
CLASSIFICATION, LIST, PACKAGING, LABELING AND TRAINING ON DANGEROUS GOODS SAFETY

Article 4. Classification of dangerous goods

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

a) Class 1. Explosives and explosive 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 presenting no significant hazard.

Division 1.5: Very insensitive substances with a mass explosion hazard.

Division 1.6: Extremely insensitive articles with no mass explosion hazard.

b) Class 2. Gases;

Division 2.1: Flammable gases.

Division 2.2: Non-flammable, 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 desensitized or wetted.

Division 4.2: Substances liable to spontaneous combustion.

Division 4.3: Substances which, 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. Packaging and containers of dangerous goods which have not been cleaned internally and externally after being emptied of dangerous goods shall also be regarded as corresponding dangerous goods.

Article 5. List of dangerous goods

1. The List of dangerous goods is classified by class and division, together with United Nations numbers (UN numbers) and hazard identification numbers as provided in Appendix I to this Decree.

2. The degree of hazard of each substance in the List of dangerous goods is indicated by hazard identification numbers in groups of 2 to 3 digits as provided in Appendix II to this Decree.

Article 6. Packaging, containers and packaging of dangerous goods

1. Packaging, containers and the packaging of dangerous goods within the territory of Vietnam must comply with the national technical regulations (QCVN), national standards (TCVN), or provisions of relevant specialized laws corresponding to each type of goods. Packaging, containers and the packaging of imported dangerous goods shall comply with the recommendations and requirements of manufacturers.

2. In the absence of the national standards, the national technical regulations, provisions of specialized laws, or international standards or technical regulations announced by the ministry managing the List of dangerous goods, the following minimum requirements must be satisfied:

a) The quality of packaging and containers must withstand impacts and vibrations during the transport, transshipment between vehicles, and loading and unloading into warehouses;

b) Packaging and containers must ensure that no dangerous substances leak during the transport or under impacts such as vibration, changes in temperature, humidity and pressure;

c) The outer surfaces of packaging and containers must be clean and free from any dangerous chemicals;

d) Parts of packaging and containers that come into contact with dangerous substances must ensure that they are not affected or degraded by the dangerous substances contained inside; and must not affect the composition, properties and functions of the dangerous goods;

dd) Packaging and containers for liquid dangerous goods must ensure no leakage or deformation due to expansion of liquids caused by temperature changes; must have adequate resistance to internal pressure generated during the transport; and must be tested for leakage before being put into use;

e) Inner packaging or containers that are fragile or susceptible to puncture, such as glass, ceramics or certain plastics, must be securely fixed within outer packaging or containers using appropriate cushioning and shock-absorbing materials;

g) Packaging and containers for volatile substances must ensure that such substances are not lost through evaporation during the transport in accordance with manufacturers’ requirements;

h) Packaging and containers for dangerous goods in granular or powder form must ensure that no spillage occurs during loading, unloading and transport.

Article 7. Labeling, hazard symbols and hazard warning signs

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

2. The outer surface of each package and container of dangerous goods must bear hazard symbols and hazard warning signs in easily visible positions. The size, symbols and colors of hazard symbols shall comply with the forms provided in Appendix III to this Decree.

3. Hazard warning signs shall be in rectangular shape, with size and colors complying with the forms provided in Appendix III to this Decree. Hazard warning signs shall be affixed below hazard symbols.

Article 8. Training on dangerous goods safety

1. Organization of training on dangerous goods safety

a) Consignors or carriers shall organize training on dangerous goods safety or assign the subjects specified in Clause 2 of this Article to attend training courses on dangerous goods safety, on a periodic basis of once every 2 years;

b) Training on dangerous goods safety may be organized separately or combined with other safety training activities;

c) Persons who have been trained on dangerous goods safety must be retrained in the following cases: when there is a change in types of dangerous goods during the transport; when trained persons change job positions; after two assessments where trained persons fail to meet requirements.

2. Subjects required to undergo training on dangerous goods safety include: drivers or escorts.

3. Contents of training on dangerous goods safety

a) Training materials shall be prepared by consignors or carriers, and their contents shall be compiled according to the classes and divisions specified in Article 4 of this Decree;

b) Training materials must include: names of dangerous goods; properties, types and hazard levels of goods; classification and labeling; risks causing safety incidents during storage, loading, unloading and transport of dangerous goods; procedures for storage, loading, unloading and transport suitable to job positions; regulations on dangerous goods safety; incident response procedures, including: use of rescue equipment for handling fire, explosion, leakage and dispersion of dangerous substances; provision of first aid to victims in incidents; use, storage and inspection of safety equipment, means and personal protective equipment for incident response; procedures and communication diagrams for incident notification; coordination with competent agencies to mobilize resources for incident response and remediation; prevention and mitigation of pollution spreading into the environment; collection of spilled dangerous substances; and environmental remediation after incidents.

4. Persons providing training on dangerous goods safety must possess a university degree or higher and have at least 5 years of working experience in chemical management, chemical safety, research, training, production or transport of chemicals or dangerous goods.

5. Duration of training on dangerous goods safety: at least 16 hours for each class and division of dangerous goods, including assessment time.

6. Evaluation of results and retention of training records on dangerous goods safety

a) Units providing training on dangerous goods safety shall be responsible for conducting assessments to evaluate training results;

b) Assessment of training contents: assessment contents must be consistent with training contents. The assessment duration must not exceed 2 hours. An assessment is considered satisfactory if it achieves an average score or higher;

c) Within 7 working days from the completion of training and assessment of training results on dangerous goods safety, organizations or individuals conducting training and assessment shall issue decisions recognizing assessment results and grant certificates of completion of training courses on dangerous goods safety. Certificates of completion of training courses on dangerous goods safety shall comply with the form provided in Appendix VI to this Decree.

7. Training records on dangerous goods safety include: training materials; training duration; list of trainees with the following information: full name, date of birth, title, job position, and signatures confirming participation; information on trainers including: full name, date of birth, educational qualifications, field of training, working experience, together with supporting documents; contents and results of training assessments on dangerous goods safety; and decisions recognizing training assessment results issued by training units.

8. Training units shall be responsible for fully retaining the records specified in Clause 7 of this Article for a period of 3 years and presenting them at the request of competent state agencies.

9. Units providing training on dangerous goods safety include: consignors or carriers.

Chapter III
TRANSPORT OF DANGEROUS GOODS BY ROAD MOTOR VEHICLES

Article 9. Conditions for vehicles transporting dangerous goods

1. Vehicles transporting dangerous goods must satisfy conditions for participation in road traffic in accordance with law. Specialized equipment of vehicles transporting dangerous goods must comply with the national standards, national technical regulations, or regulations of the line ministry.

2. Vehicles transporting dangerous goods must comply with Clause 3, Article 51 of the Law on Road Traffic Order and Safety. Where a vehicle carries multiple types of dangerous goods, such vehicle must display all hazard symbols of such goods. Hazard symbols shall be affixed on both sides, the front and the rear of the vehicle in positions that are easily visible and recognizable.

3. After all dangerous goods are unloaded from a vehicle transporting dangerous goods, if such vehicle does not continue transporting such goods, the carrier and the driver shall be responsible for cleaning such vehicle and removing or erasing hazard symbols on such vehicle.

Article 10. Loading and unloading of dangerous goods on vehicles and storage at warehouses and yards

1. Organizations and individuals loading and unloading dangerous goods on transport vehicles and storing dangerous goods at warehouses and yards must comply with instructions on storage, loading, unloading and transport applicable to each type of dangerous goods or as notified by the consignor.

2. The loading and unloading of dangerous goods must be directly instructed and supervised by the consignor or the escort. Dangerous goods that may interact with each other and increase hazard levels must not be loaded together on the same vehicle. For classes and divisions of dangerous goods required to be loaded, unloaded and stored separately, such activities must be carried out at separate warehouse or yard areas.

3. In case where transport of dangerous goods is not required to have an escort, the carrier shall load and unload dangerous goods in accordance with instructions of the consignor.

4. After all dangerous goods are removed from warehouses and yards, storage locations of dangerous goods must be cleaned to avoid affecting other goods.

Article 11. Transport of dangerous goods being flammable and explosive substances through tunnels and ferries

1. Explosives, gas, petrol, oil, flammable and explosive substances, and other desensitized solid substances must not be transported through tunnels with a length of 100 meters or more.

2. On the same ferry trip, persons participating in traffic or passengers (except drivers transporting dangerous goods, escorts, and ferry service personnel) must not be transported together with vehicles (having been granted permits for transport of dangerous goods) transporting explosives, gas, petrol, oil and other flammable and explosive substances.

Article 12. Transport of dangerous goods in special cases

The Prime Minister shall decide on the application of regulations and measures for the transport of dangerous goods in the following cases:

1. Goods serving urgent requirements for prevention and control of epidemics, natural disasters, or enemy sabotage.

2. Goods in transit of countries or international organizations that have not entered into treaties related to Vietnam.

Chapter IV
PERMITS FOR TRANSPORT OF DANGEROUS GOODS

Article 13. Contents, forms and validity period of permits for transport of dangerous goods

1. Contents of a permit for transport of dangerous goods

a) Name, address and contact telephone number of the unit granted the permit; full name and title of the legal representative;

b) Class and division of dangerous goods;

c) Transport route and schedule (applicable to a permit granted for each shipment);

d) Validity period of the permit.

In case where a permit is granted for each shipment, the carrier of dangerous goods must additionally provide information on vehicles and drivers, and escorts (applicable to cases where transport of dangerous goods is required to have escorts).

2. Forms of permits for transport of dangerous goods shall comply with Appendix VII or Appendix VIII to this Decree.

3. Permits for transport of dangerous goods shall be valid nationwide. The validity period of permits shall be as proposed by carriers but must not exceed 24 months and must not exceed the service life of vehicles.

Article 14. Competence to grant permits and cases of exemption from permits for transport of dangerous goods

1. The Ministry of Public Security shall organize the grant of permits for transport of dangerous goods of Class 1, Class 2, Class 3, Class 4 and Class 9 as prescribed in Clause 1, Article 4 of this Decree (except pesticides and cases specified in Clause 2 of this Article).

2. The Ministry of National Defence shall organize the grant of permits for transport of dangerous goods for:

a) Organizations and enterprises under the management of the Ministry of National Defence;

b) Carriers hired by organizations and enterprises under the management of the Ministry of National Defence to transport dangerous goods.

3. The Ministry of Industry and Trade shall organize the grant of permits for transport of dangerous goods of Class 5 and Class 8 as prescribed in Clause 1, Article 4 of this Decree.

4. People’s Committees of provinces and centrally run cities shall organize the grant of permits for transport of dangerous goods being pesticides for organizations and individuals having their head offices or branches in the localities.

5. Agencies granting permits for transport of dangerous goods shall, based on the class and division of dangerous goods as prescribed in Clause 1, Article 4 of this Decree and the plan for transport of dangerous goods of organizations and individuals requesting the grant of such permits, consider, and decide on, transport routes and transport schedules.

6. The grant of permits for transport of dangerous goods of class 7 shall comply with the Decree on the conduct of radiation work and support services for the application of atomic energy.

7. Agencies granting permits for transport of dangerous goods shall refuse to grant permits for transport of dangerous goods being flammable and explosive substances with routes passing through tunnels and ferries as prescribed in Article 11 of this Decree.

8. Organizations and individuals transporting dangerous goods must ensure fire prevention and fighting safety conditions in accordance with the law on fire prevention and fighting during the transport; if falling into one of the following cases, such organizations and individuals shall be exempt from permits for transport of dangerous goods under this Decree:

a) Transport of dangerous goods being liquefied natural gas (LNG) and compressed natural gas (CNG) with a total mass of less than 1,080 kilograms;

b) Transport of dangerous goods being liquefied petroleum gas (LPG) with a total mass of less than 2,250 kilograms;

c) Transport of dangerous goods being liquid fuels with a total volume of less than 1,500 liters;

d) Transport of dangerous goods being pesticides with a total mass of less than 1,000 kilograms;

dd) Transport of dangerous goods being the remaining dangerous toxic chemicals falling within the classes and divisions of dangerous goods under Class 6.

Article 15. Dossiers of request for grant and re-grant of permits for transport of dangerous goods

1. A dossier of request for grant of a permit for transport of dangerous goods of class 5 and class 8 include:

a) A written request for grant of a permit for transport of dangerous goods in the form provided in Appendix IV to this Decree;

b) A copy, an e-copy, or the original of the list of vehicles participating in transport, ensuring that such vehicles remain within the inspection validity period in accordance with regulations;

c) A copy, an e-copy, or the original of the list of drivers transporting dangerous goods (including: full name; personal identification number; driving license number and class) and the list of escorts in case where escorts are required (including: full name and personal identification number);

d) A copy, an e-copy, or the original of the plan for transport of dangerous goods of the transporting unit in the form provided in Appendix V to this Decree (including at least the following contents: vehicle registration plate number; full name of drivers; type of goods; quantity; transport route and transport schedule; measures for response to chemical incidents during transport of dangerous goods);

dd) Copies or e-copies of certificates of completion of training courses on dangerous goods safety of drivers or escorts.

2. A dossier of request for grant of a permit for transport of dangerous goods of class 1, class 2, class 3, class 4 and class 9 includes:

a) A written request for grant of a permit for transport of dangerous goods in the form provided in Appendix IV to this Decree;

b) A copy, an e-copy, or the original of the list of vehicles participating in transport, ensuring that such vehicles remain within the inspection validity period in accordance with regulations;

c) A copy, an e-copy, or the original of the list of drivers transporting dangerous goods (including: full name; personal identification number; driving license number and class) and the list of escorts in case where escorts are required (including: full name and personal identification number);

d) A copy, an e-copy, or the original of the plan for transport of dangerous goods of the transporting unit in the form provided in Appendix V to this Decree (including at least the following contents: vehicle registration plate number; full name of drivers; type of goods; quantity; transport route and transport schedule; emergency response measures in case of fire or explosion incidents);

dd) Copies or e-copies of certificates of completion of training courses on dangerous goods safety of drivers or escorts.

3. A dossier of request for grant of a permit for transport of dangerous goods being pesticides includes:

a) A written request for grant of a permit for transport of dangerous goods in the form provided in Appendix IV to this Decree;

b) A copy, an e-copy, or the original of the list of vehicles participating in transport, ensuring that such vehicles remain within the inspection validity period in accordance with regulations;

c) A copy, an e-copy, or the original of the list of drivers transporting dangerous goods (including: full name; personal identification number; driving license number and class) and the list of escorts in case where escorts are required (including: full name and personal identification number);

d) A copy, an e-copy, or the original of one of the following documents: supply contract; financial invoice for import or export of pesticide goods;

dd) A copy, an e-copy, or the original of the plan for transport of dangerous goods of the transporting unit in the form provided in Appendix V to this Decree (including at least the following contents: vehicle registration plate number; full name of drivers; type of goods; quantity; transport route and transport schedule);

e) Copies or e-copies of certificates of completion of training courses on dangerous goods safety of drivers or escorts.

4. A dossier of request for adjustment of information on a permit in case of changes related to the contents of the permit includes:

a) A written request for adjustment of information on a permit for transport of dangerous goods in the form provided in Appendix IVa to this Decree;

b) Documents proving changes in information related to the permit;

c) The granted permit for transport of dangerous goods for which information needs to be adjusted.

5. A dossier of request for re-grant of a permit in case of loss or damage includes: a written request for re-grant of a permit for transport of dangerous goods in the form provided in Appendix IVb to this Decree. The validity period of the re-granted permit shall be the same as that of the lost or damaged permit.

Article 16. Order and procedures for grant and re-grant of permits for transport of dangerous goods

1. Procedures for grant of a permit for transport of dangerous goods

a) The carrier of dangerous goods shall submit 01 dossier of request for grant of a permit for transport of dangerous goods in accordance with Clauses 1, 2 and 3, Article 15 of this Decree to agencies granting permits for transport of dangerous goods.

In case of direct submission, the administrative procedure-handling agency shall check the components of the dossier; if the dossier components are incomplete or contain errors, it shall provide guidance for completion of the dossier in accordance with regulations.

In case of submission via postal services or through the online public service system, within a period not exceeding 01 working day from the date of receipt of the dossier, the administrative procedure-handling agency shall review its completeness; if the dossier is incomplete as prescribed, the administrative procedure-handling agency shall notify organizations or individuals in writing or through the online public service system for supplementation, and simultaneously provide guidance for completion of the dossier in accordance with regulations.

For the procedure for grant of a permit for transport of dangerous goods of class 7, it shall comply with the regulations on the conduct of radiation work and support services for the application of atomic energy;

b) Within 05 working days from the date of receipt of a complete dossier in accordance with regulations, agencies granting permits for transport of dangerous goods shall appraise the dossier and grant a permit for transport of dangerous goods in the form provided in Appendix VII or Appendix VIII to this Decree; in case of refusal to grant a permit, agencies granting permits for transport of dangerous goods must reply in writing or notify via the online public service system and clearly state the reasons.

2. Procedures for adjustment of information on a permit for transport of dangerous goods in case of changes related to the contents of the permit

a) The dangerous goods carrier shall submit 01 dossier of request for adjustment of information on a permit for transport of dangerous goods in accordance with Clause 4, Article 15 of this Decree to agencies granting permits for transport of dangerous goods.

In case of direct submission, the administrative procedure-handling agency shall check the components of the dossier; if the dossier components are incomplete or contain errors, it shall provide guidance for completion of the dossier in accordance with regulations.

In case of submission via postal services or through the online public service system, within a period not exceeding 01 working day from the date of receipt of the dossier, the administrative procedure-handling agency shall review its completeness; if the dossier is incomplete as prescribed, the administrative procedure-handling agency shall notify organizations or individuals in writing or through the online public service system for supplementation, and simultaneously provide guidance for completion of the dossier in accordance with regulations.

b) Within 03 working days from the date of receipt of a complete dossier in accordance with regulations, agencies granting permits for transport of dangerous goods shall appraise the dossier and grant an adjusted permit for transport of dangerous goods at the request of the dangerous goods carrier in the form provided in Appendix VII or Appendix VIII to this Decree; in case of refusal, agencies granting permits for transport of dangerous goods must reply in writing or notify via the online public service system and clearly state the reasons.

3. Procedures for re-grant of a permit for transport of dangerous goods in case of loss or damage

a) The carrier of dangerous goods shall submit 01 dossier of request for re-grant of a permit for transport of dangerous goods in accordance with Clause 5, Article 15 of this Decree to agencies granting permits for transport of dangerous goods.

In case of direct submission, the administrative procedure-handling agency shall check the components of the dossier; if the dossier components are incomplete or contain errors, it shall provide guidance for completion of the dossier in accordance with regulations.

In case of submission via postal services or through the online public service system, within a period not exceeding 01 working day from the date of receipt of the dossier, the administrative procedure-handling agency shall review its completeness; if the dossier is incomplete as prescribed, the administrative procedure-handling agency shall notify organizations or individuals in writing or through the online public service system for supplementation, and simultaneously provide guidance for completion of the dossier in accordance with regulations;

b) Within 02 working days from the date of receipt of a complete dossier in accordance with regulations, agencies granting permits for transport of dangerous goods shall appraise the dossier and re-grant the permit for transport of dangerous goods; in case of refusal to grant a permit, agencies granting permits for transport of dangerous goods must reply in writing or notify via the online public service system and clearly state the reasons.

4. Agencies granting permits must comply with Clause 5, Article 51 of the Law on Road Traffic Order and Safety, and shall notify contents of permits for transport of dangerous goods on the portal or website of such agencies.

Article 17. Revocation of permits for transport of dangerous goods

1. A dangerous goods carrier shall have the permit revoked in one of the following cases:

a) Providing copies inconsistent with the originals or providing inaccurate information in the dossier of request for grant of a permit for transport of dangerous goods;

b) Carrying out the transport of dangerous goods not in accordance with the dossier of request for grant of a permit or not in accordance with the granted permit for transport of dangerous goods;

c) Terminating operation in accordance with law;

d) Employing persons transporting dangerous goods who have not been trained on dangerous goods safety in accordance with regulations.

2. An agency granting a permit for transport of dangerous goods shall revoke the permit granted by such agency and carry out the following procedures:

a) Issuing a decision on revocation of the permit and sending it to the carrier;

b) Upon issuance of the decision on revocation of the permit, within 10 days from the date of signing, the carrier must return the permit to the permit-granting agency, and simultaneously cease the transport of dangerous goods in accordance with the decision on revocation of the permit immediately after such decision takes effect.

In case where the carrier violates the provisions at Points a, b and d, Clause 1 of this Article leading to revocation of the permit and returns the permit within the prescribed time limit, the permit-granting agency shall not re-grant the permit within 30 days from the date the decision on revocation takes effect.

In case where the carrier violates the provisions at Points a, b and d, Clause 1 of this Article leading to revocation of the permit and returns the permit beyond the prescribed time limit, the permit-granting agency shall not re-grant the permit within 60 days from the date the decision on revocation takes effect.

After 30 days from the date the decision on revocation takes effect in case where the permit is returned within the prescribed time limit, or after 60 days from the date the decision on revocation takes effect in case where the permit is returned beyond the prescribed time limit, if there is a need to continue transport, the carrier must carry out procedures as for initial grant in order to be granted a permit in accordance with Article 15 of this Decree;

c) Publicly announcing the revocation of the granted permit on mass media and on the portal or website of the agency.

Chapter V
ORGANIZATION OF IMPLEMENTATION

Article 18. The Ministry of Transport

1. To assume the prime responsibility for synthesizing opinions of relevant ministries and sectors in the amendment and supplementation of the List of dangerous goods for submission to the Government for promulgation.

2. To promulgate the national technical regulations on technical safety and environmental protection for road motor vehicles transporting dangerous goods and specialized equipment fixed (inseparable) to vehicles transporting dangerous goods.

3. To coordinate with relevant ministries and sectors in management, inspection, examination and handling of violations related to the transport of dangerous goods.

Article 19. The Ministry of Public Security

1. To organize the transport of dangerous goods serving security and national defense purposes within its scope of management in accordance with this Decree.

2. To manage the List of dangerous goods of class 1 and class 4 within its scope of management; to manage the transport of dangerous goods and organize the grant of permits for transport of dangerous goods in accordance with Clause 1, Article 14 of this Decree.

3. To coordinate with the Ministry of Transport, the Ministry of National Defence, the Ministry of Industry and Trade, and the Ministry of Natural Resources and Environment in advising the Government on the amendment and supplementation of the List of dangerous goods of class 1, class 3, class 4 and class 9 as prescribed in Clause 1, Article 4 of this Decree.

4. To assume the prime responsibility for, and coordinate with relevant ministries and sectors in, management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence; to inspect, examine and handle violations related to training on dangerous goods safety within its competence.

Article 20. The Ministry of National Defence

1. To organize the transport of dangerous goods serving security and national defense purposes within its scope of management in accordance with this Decree.

2. To manage the transport of dangerous goods and organize the grant of permits for transport of dangerous goods within its scope of management in accordance with Clause 2, Article 14 of this Decree.

3. To carry out inspection and control of entry and exit and coordinate in inspection and supervision of dangerous goods and vehicles transporting dangerous goods by road motor vehicles in border areas, land border gates and port border gates in accordance with law; to arrange separate lanes for vehicles transporting dangerous goods at border gates with a high volume of such vehicles.

Article 21. The Ministry of Science and Technology

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport and the Ministry of Industry and Trade in, advising the Government on the amendment and supplementation of the List of dangerous goods of class 7 as prescribed in Clause 1, Article 4 of this Decree for submission to competent authorities for approval and promulgation for implementation.

2. To coordinate with relevant ministries and sectors in management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence.

Article 22. The Ministry of Health

1. To manage the List of dangerous goods relating to toxic chemicals used in the medical sector and insecticidal and disinfectant chemicals used in household and medical sectors within its scope of management in accordance with 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 the amendment and supplementation of the List of dangerous goods relating to toxic chemicals, infectious substances used in the medical sector and insecticidal and disinfectant chemicals used in household and medical sectors.

3. To prescribe types of dangerous goods relating to toxic chemicals, infectious substances used in the medical sector and insecticidal and disinfectant chemicals used in household and medical sectors that must have escorts during the transport.

4. To coordinate with relevant ministries and sectors in management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence.

Article 23. The Ministry of Industry and Trade

1. To manage the List of dangerous goods of class 2, class 3, class 5, class 8 and class 9, petrol, oil, gas and dangerous chemicals, and the remaining dangerous toxic chemicals as prescribed in Clause 1, Article 4 of this Decree.

2. To manage the transport of dangerous goods and organize the grant of permits for transport of dangerous goods within its scope of management in accordance with Clause 3, Article 14 of this Decree.

3. To assume the prime responsibility for, and coordinate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Science and Technology and relevant ministries and sectors in advising the Government on the amendment and supplementation of the List of dangerous goods of class 2, class 3, class 5, class 8 and class 9, petrol, oil, gas and dangerous chemicals, and the remaining dangerous toxic chemicals as prescribed in Clause 1, Article 4 of this Decree.

4. To prescribe types of dangerous goods under Class 5 and Class 8 that must have escorts during the transport.

5. To assume the prime responsibility for, and coordinate with relevant ministries and sectors in, management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence; to inspect, examine and handle violations related to training on dangerous goods safety within its competence.

Article 24. 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 the amendment and supplementation of the List of dangerous goods relating to pesticides.

3. To coordinate with relevant ministries and sectors in management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence.

Article 25. The Ministry of Natural Resources and Environment

To coordinate with relevant ministries and sectors in management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence.

Article 26. The Ministry of Finance

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

Article 27. People’s Committees of provinces and centrally run cities

1. To manage the transport of dangerous goods and organize the grant of permits for transport of dangerous goods being pesticides in accordance with Clause 4, Article 14 of this Decree.

2. To coordinate with relevant ministries and sectors in management, inspection, examination and handling of violations related to the transport of dangerous goods within its competence; to inspect, examine and handle violations related to training on dangerous goods safety being pesticides.

3. To direct district- and commune-level People’s Committees, when incidents occur during the transport of dangerous goods within their management areas, to carry out the following tasks:

a) To assist drivers and escorts (if any) in rescue of persons, goods and vehicles;

b) To evacuate victims from the incident area and organize emergency aid for victims;

c) To organize protection of goods and vehicles for continued transport or storage at warehouses and yards or transshipment in accordance with instructions of competent authorities;

d) To delineate affected areas, evacuate residents from dangerous areas, and simultaneously report to higher-level People’s Committees and other relevant agencies to mobilize necessary forces for timely handling.

Article 28. Responsibilities of consignors

1. To package dangerous goods with the prescribed size, weight of goods, and materials of packaging and containers in compliance with the technical standards applicable to each type of dangerous goods as prescribed.

2. To ensure that outer packaging and containers must bear goods labels and have hazard symbols and hazard warning signs affixed in accordance with Article 7 of this Decree.

3. To prepare 04 sets of dossiers for transport of dangerous goods: 01 set for the dangerous goods carrier; 01 set for dangerous goods loader or unloader; 01 set for driver; and 01 set retained by the consignor. The dossiers include: a consignment note clearly stating the name of dangerous goods, UN number, class and division, total quantity, type of packaging, number of packages, date of manufacture, place of manufacture; full name and address of the consignor and the consignee.

4. To notify the carrier in writing of requirements to be complied with during the transport, and provide instructions for handling accidents and incidents, including cases where escorts are present.

5. To organize or hire units to conduct training on dangerous goods safety for escorts in accordance with Article 8 of this Decree; to assign escorts where dangerous goods are required to have escorts.

6. To provide adequate personal protective equipment in accordance with regulations for drivers and escorts transporting dangerous goods.

Article 29. Responsibilities of carriers

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

2. To inspect goods to ensure safety before transport in accordance with regulations.

3. To fully comply with notifications of the consignor and provisions stated in the permit for transport of dangerous goods.

4. To display hazard symbols corresponding to the class and division of dangerous goods being transported in accordance with regulations.

5. To clean and remove or erase hazard symbols on vehicles transporting dangerous goods after unloading all goods if not continuing transport of such goods.

6. To comply with provisions stated in the permit and to carry out transport of dangerous goods only when having a valid permit for transport of dangerous goods for the class, division and name of goods required to have permits, and having hazard symbols and hazard warning signs.

7. To carry out transport of dangerous goods only when such goods have complete procedures and valid dossiers, and are packaged to ensure safety during the transport.

8. To follow instructions of directly managing units or construction units when transporting dangerous goods being flammable substances, self-combustible substances, desensitized liquid or solid explosives through particularly important bridges or tunnels with a length of less than 100 meters or other works under construction having high temperatures, welding flames or electric sparks along the transport route.

9. To organize training on dangerous goods safety for drivers in accordance with Article 8 of this Decree.

Article 30. Responsibilities of drivers and escorts

1. To comply with regulations of law on transport of dangerous goods, and to carry out transport of dangerous goods only when: having a valid permit for transport of dangerous goods for the class, division and name of goods required to have a permit; and vehicles, packaging and containers having sufficient hazard symbols and hazard warning signs.

2. To comply with instructions stated in the notification of the consignor of dangerous goods and instructions of the dangerous goods carrier.

3. Drivers must carry dossiers for transport of dangerous goods provided by the consignor, a valid permit for transport of dangerous goods for the class, division and name of goods required to have a permit, certificates of completion of training courses on dangerous goods safety appropriate to the class and division of dangerous goods being transported (if any), and other documents as prescribed by law; and must preserve dangerous goods during the transport in case where there are no escorts.

4. To take measures to eliminate or limit the harmful effects of dangerous goods; to make records and report to the nearest commune-level People’s Committee and relevant agencies for timely handling when detecting incidents of dangerous goods threatening safety of persons, vehicles, the environment and other goods, or when traffic accidents occur during the transport. In cases beyond their capacity, they must immediately notify the carrier and the consignor for coordinated and timely handling.

5. To follow instructions of directly managing units or construction units when transporting dangerous goods being flammable substances, self-combustible substances, desensitized liquid or solid explosives through particularly important bridges or tunnels with a length of less than 100 meters or other works under construction having high temperatures, welding flames or electric sparks along the transport route.

6. Escorts must carry certificates of completion of training courses on dangerous goods safety appropriate to the class and division of dangerous goods being transported (if any).

Chapter VI
IMPLEMENTATION PROVISIONS

Article 31. Amendment, supplementation and annulment of a number of articles of the Government’s Decree No. 34/2024/ND-CP dated March 31, 2024 providing the List of dangerous goods and the transport of dangerous goods by road motor vehicles and inland waterway vessels

1. To amend the title of the Decree:

“DECREE
Providing the List of dangerous goods and the transport of dangerous goods by inland waterway vessels”

2. To amend the legal basis for promulgation:

“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 June 3, 2008 Law on Atomic Energy;

Pursuant to the November 21, 2007 Law on Chemicals; and the June 15, 2018 Law Amending and Supplementing a Number of Articles of Eleven Laws Related to the Planning Law;

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 inland waterway vessels.”

3. To amend Clauses 1, 2 and 5, Article 1:

a) To amend Clause 1:

“1. This Decree provides the List of dangerous goods, the transport of dangerous goods, and the grant of permits for transport of dangerous goods by inland waterways.”;

b) To amend Clause 2:

“2. The transport of radioactive substances shall comply with the law on transport of atomic energy.”;

c) To amend Clause 5:

“5. The transport of dangerous goods being dangerous wastes shall comply with the law on environmental protection.”.

4. To amend Clause 1, Article 2:

“1. This Decree applies to Vietnamese and foreign organizations and individuals involved in the transport of dangerous goods by inland waterways within the territory of the Socialist Republic of Vietnam.”.

5. To amend Clauses 2, 3, 4, 5 and 7, Article 3:

a) To amend Clause 2:

“2. Dangerous goods mean goods containing dangerous substances which, when transported by inland waterways, may cause harm to human life and health, the environment, and national safety and security.”;

b) To amend Clause 3:

“3. Carrier means an organization or individual that uses inland waterway vessels to carry out the transport of dangerous goods.”;

c) To amend Clause 4:

“4. Consignor means an organization or individual that enters into a contract on transport of dangerous goods by inland waterways with a carrier.”

d) To amend Clause 5:

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

dd) To amend Clause 7:

“7. Operator means a crewmember or a driver of an inland waterway vessel.”.

6. To annul Section I, Chapter III.

7. To amend Clauses 2 and 3, Article 17 as follows:

a) To amend Clause 2:

“2. The Ministry of National Defence shall grant permits for transport of dangerous goods to:

a) Organizations and enterprises under its management;

b) Carriers hired by organizations and enterprises under its management to transport dangerous goods.”;

b) To amend Clause 3:

“3. The Ministry of Industry and Trade shall grant permits for transport of dangerous goods of class 5 and class 8 in accordance with Clause 1, Article 4 of this Decree.”.

8. To amend Point dd, Clause 1; Point d, Clause 2; and Point e, Clause 3, Article 18:

a) To amend Point dd, Clause 1:

“dd) A copy or an e-copy of the special professional certificate of crewmembers for transport of dangerous goods on inland waterways.”;

b) To amend Point d, Clause 2:

“d) A copy or an e-copy of the special professional certificate of crewmembers for transport of dangerous goods on inland waterways;”;

c) To amend Point e, Clause 3:

“e) A copy or an e-copy of the special professional certificate of crewmembers for transport of dangerous goods on inland waterways.”.

9. To amend Clause 2, Article 21:

“2. To promulgate the national technical regulations on technical safety and environmental protection for inland waterway vessels carrying dangerous goods, specialized equipment fixed (inseparable) on vehicles transporting dangerous goods.”.

10. To amend Clause 1, Clause 2 and Clause 3, Article 25:

a) To amend Clause 1:

“1. To manage the list of dangerous goods for toxic chemicals used in the medical sector and insecticidal and disinfectant chemicals used in household and medical sectors within the scope of management as prescribed in Clause 1, Article 4 of this Decree.”;

b) To amend Clause 2:

“2. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, advising the Government on amendment and supplementation of the list of dangerous goods related to toxic chemicals and infectious substances used in the medical sector and insecticidal and disinfectant chemicals used in household and medical sectors.”;

c) To amend Clause 3:

“3. To prescribe dangerous goods related to toxic chemicals and infectious substances used in the medical sector and insecticidal and disinfectant chemicals used in household and medical sectors for which supercargoes are required during the transport.”.

11. To amend Clause 2, Article 23:

“2. To carry out inspection and control of entry and exit and coordinate in inspecting and supervising dangerous goods and vehicles transporting dangerous goods on inland waterways in border areas and port border gates in accordance with law.”.

12. To amend Article 24:

“Article 24. The Ministry of Science and Technology

To coordinate with related ministries and sectors in the management, inspection and examination, and handling of violations in the transport of dangerous goods according to its competence.”.

13. To amend and supplement Article 26:

“Article 26. The Ministry of Industry and Trade

1. To manage the list of dangerous goods of class 2, class 3, class 5, class 8, class 9, gasoline, oils, gases and dangerous chemicals, and the remaining dangerous toxic chemicals as prescribed in Clause 1, Article 4 of this Decree.

2. To manage the transport of dangerous goods and organize the grant of permits for transport of dangerous goods within the scope of management as prescribed in Clause 3, Article 17 of this Decree.

3. To assume the prime responsibility for, and coordinate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Science and Technology and related ministries and sectors in advising the Government on amendment and supplementation of the list of dangerous goods of class 2, class 3, class 5, class 8, class 9, gasoline, oils, gases and dangerous chemicals, and the remaining dangerous toxic chemicals as prescribed in Clause 1, Article 4 of this Decree.

4. To prescribe dangerous goods of class 5 and class 8 for which escorts are required during the transport.

5. To assume the prime responsibility for, and coordinate with related ministries and sectors in the management, inspection and examination, and handling of 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.”.

14. To amend a number of contents in Appendix IV:

a) To annul the content in Section 3;

b) To amend the notes section:

“Notes:

- Indicate the type of request (new grant/addition of inland waterway vehicles).

- In case of online submission, declare information in accordance with the instructions on the online public service system of the permit-granting agency.”

15. To amend Section 5, Appendix V:

“5. Inland waterway transport route ......................”.

Article 32. Effect

1. This Decree takes effect from January 1, 2025.

2. Organizations and individuals that have been granted permits for transport of dangerous goods before the effective date of this Decree may continue to use such permits and are not required to apply for re-grant until the expiry of such permits or until re-grant is carried out.

Article 33. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally run cities, and relevant organizations and individuals shall implement this Decree./.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

TRAN HONG HA