THE GOVERNMENT -------- No. 42/2020/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ------------------ Hanoi, April 08, 2020 |
DECREE
On providing the List of dangerous goods and the transport of dangerous goods by road motor vehicles and the transport of dangerous goods on inland waterways
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THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Road Traffic dated November 13, 2008;
Pursuant to the Law on Environmental Protection dated June 23, 2014;
Pursuant to the Law on Atomic Energy dated June 03, 2008;
Pursuant to the Law on Chemicals dated June 29, 2018;
Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and the the Law on amending and supplementing a number of Articles of the Law on Inland Waterway Navigation dated June 17, 2014;
At the proposal of the Minister of Transport,
The Government hereby promulgates the Decree on providing the List of dangerous goods and the transport of dangerous goods by road motor vehicles and the transport of dangerous goods on inland waterways.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides the List of dangerous goods, the transport of dangerous goods, and the issuance of licenses for transporting dangerous goods by road motor vehicles and transporting dangerous goods on inland waterways.
2. The transport of radioactive materials, apart from being subject to this Decree, must also comply with the law on atomic energy.
3. The transport of industrial explosive materials, apart from being subject to this Decree, must also comply with the Government's regulations on industrial explosive materials.
4. The transport of dangerous goods serving security and national defense of the military forces shall comply with regulations of the Minister of Public Security and Ministry of National Defense.
5. Dangerous goods being environmentally dangerous waste, apart from being subject to this Decree, must also comply with the Law on Environmental Protection.
6. In cases where there are different provisions between this Decree and the provisions of law on atomic energy, industrial explosive materials, environmental protection, support tools and fire prevention and fighting, then, the provisions of the law on atomic energy, industrial explosive materials, environmental protection and support tools shall be applied.
Article 2. Subjects of application
1. This Decree applies to Vietnamese and foreign organizations and individuals engaged in the transport of dangerous goods by road motor vehicles and transport of dangerous goods 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 for the transport of dangerous goods in the following cases:
a) Goods in service of urgent needs for preventing and coping with epidemics, natural disasters and calamities;
b) Transited goods of countries and international organizations which have not signed any international treaties related to Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Dangerous substances are substances or compounds in solid, liquid, or solid from that may harm life and health of humans, the environment, the national security and safety.
2. Dangerous product (dangerous goods) means goods which contains dangerous substances and, during transport on roads or inland waterways, may cause harms to human life and heath, the environment, national safety and security.
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