Decree No. 42/2020/ND-CP List of dangerous goods and the transport of dangerous goods by land motor vehicles and inland waterways

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.

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

4. Charterer means an organization or individual that signs a contract to transport dangerous goods on roads or inland waterways with the carrier.

5. Dangerous goods unloading person means an organization or individual performing the loading and unloading of dangerous goods on road motor vehicles or in inland waterway vessels or at warehouses and yards storing dangerous goods.

6. Consignee is the organization or individual whose name is mentioned as the consignee the transport (delivery) note.

7. Driver of vehicles means a driver of automobiles or a captain or a driver of inland water vessels.

8. Escort is an individual used by a charterer (or cargo owner) to carry out the task of escorting dangerous goods during the transportation.

Chapter II

CLASIFICATION AND LIST, PACKING AND LABELING OF DANGEROUS GOODS

Article 4. Classification of dangerous goods

1. Depending on their chemical and physical properties, dangerous goods shall be classified into nine classes which are subdivided into groups as follows:

Class 1: Explosives and explosive items.

Group 1.1: Substances and items with a wide explosion risk.

Group 1.2: Substances and items that are likely to splash but do not explode wide.

Group 1.3: Substances and items that present a small fire and explosion risk or small sparks or both, but do not explode wide.

Group 1.4: Substances and items present a negligible risk.

Group 1.5: The substance that is insensitive but has a wide explosion risk.

Group 1.6: Items that are particularly insensitive, without a wide explosion risk.

Class 2: Gases.

Group 2.1: Flammable gases.

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

Group 2.3: Toxic gases.

Class 3: Flammable liquids and desensitized liquid explosives.

Class 4:

Group 4.1: Flammable solids, self-reactive substances and solid explosives are immersed in liquid or desensitized.

Group 4.2: Substances likely to spontaneously ignite.

Group 4.3: Substances that produce inflammable gases when react with water.

Class 5:

Group 5.1: Oxidizing agents.

Group 5.2: Organic peroxide.

Class 6:

Group 6.1: Toxic substances.

Group 6.2: Infectious substances.

Class 7: Radioactive substances.

Class 8: Corrosive substances.

Class 9: Miscellaneous dangerous items and substances.

2. Packagings and tanks containing dangerous goods which have not yet been cleansed inside and outside after dangerous goods are removed are also considered as dangerous goods of corresponding types.

Article 5. List of dangerous goods

1. Lists of dangerous goods are classified by classes and groups, together with their United Nations numbers and hazardous numbers as prescribed in Appendix I attached to this Decree.

2. The danger of each substance in the List of dangerous goods is expressed by a hazardous number with 2 - 3 digits as prescribed in Appendix II attached to this Circular.

Article 6. Packages, containers and packing of dangerous goods

1. Packages, containers and packing of dangerous goods in the territory of Vietnam must comply with National Technical Standards (TCVN) or National Technical Regulations (QCVN) corresponding to the type of goods.

For types and groups of dangerous goods that have not been stipulated in any Technical Standard or National Technical Regulation, the regulations of the Ministry in charge of managing or international technical standards and regulations announced by the Ministry in charge of managing shall be complied with.

2. The Ministry in charge of managing shall announce international standards and regulations on packages, containers and packing of dangerous goods for the types and groups of dangerous goods under its management.

Article 7. Goods labels, danger symbols and danger signs

1. The dangerous goods labeling shall comply with the Government’s regulations on goods labels.

2. Outside each packaging and tank of dangerous goods, there must be a danger sign and danger symbol in an easy-to-see position. Sizes, patterns and colors of the danger symbol are prescribed in Section 1, Appendix III attached to this Decree.

3. The danger sign has the shape of an orange rectangle with the UN number (United Nations code) at its center. The size of the danger sign is specified in Section 2 of Appendix III attached to this Decree. The danger sign is stuck below the danger symbol.

Chapter III

TRANSPORT OF DANGEROUS GOODS

Section 1.

TRANSPORT OF DANGEROUS GOODS BY ROAD MOTOR VEHICLES

Article 8. Requirements for dangerous goods carriers

1. A driver of dangerous goods-carrying vehicles must be trained and granted a certificate of completing the training course as prescribed.

2. The storekeeper, escort and dangerous goods unloading person must be trained and granted a certificate of completing the training course on the type of dangerous goods which they escort, unloading or preserve as prescribed by law.

Article 9. Requirements on dangerous goods-carrying vehicles

1. Transport vehicles must be eligible to participate in traffic in accordance with law provisions. Special-use equipment of dangerous goods-carrying vehicles must satisfy national technical standards or national technical regulations or regulations of the Ministry in charge of managing.

2. Vehicles used for transporting dangerous goods must bear danger symbols. Where a vehicle carries various types of dangerous goods, it must bear all corresponding danger symbols. Danger symbols shall be stuck at both sides and at the rear of vehicles.

3. After all dangerous goods are unloaded, the vehicle used for transporting dangerous goods must be properly cleaned, peeled or removed all danger symbols if it no longer transports that kind of goods. The cleaning and peeling or removal of danger symbols on such vehicles shall be carried out according to the process and at the prescribed place.

Article 10. Loading and unloading of dangerous goods onto and from vehicles and keeping thereof in stores and storing yards

1. Organizations and individuals engaged in the loading or unloading of dangerous goods onto or from vehicles and the keeping thereof in stores and storing yards shall abide by instructions on preservation, loading, unloading and transport of each type of dangerous goods or the notices of charterers.

2. The loading and unloading of dangerous goods must be carried out under the direct instruction and supervision of the storekeeper, charterer or escort. Do not put the goods that can react with each other and increase the danger in the same vehicle. The dangerous goods that must be isolated during loading, unloading, and storage must be loaded, unloaded at separate storing yards.

3. In case the transport of dangerous goods does not require an escort, the carrier must carry out the loading and unloading under the instruction of the charterer.

4. After all dangerous goods are removed from the warehouse, the place where dangerous goods were stored must be cleaned in order to avoid impacts on other goods according to the prescribed process.

Article 11. Transporting dangerous goods which are inflammable and explosive substances through tunnels and ferries

1. Explosives, gas, petrol, oil and other inflammable and explosive substances are not allowed to transport through tunnel with a length of 100m or more.

2. People who participates in traffic or passengers shall not be transported on the same ferry with vehicles (which are permitted to transport dangerous goods) carrying explosives, gas, petrol, oil and other inflammable and explosive substances.

3. Provisions specified in Clauses 1 and 2 of this Article shall not apply to dangerous goods managed by the specialized Ministry as prescribed in Clause 2, Article 2 of this Decree.

Section 2.

TRANSPORT OF DANGEROUS GOODS ON INLAND WATERWAYS

Article 12. Requirements for dangerous goods carriers

1. Crew-members on vessels used for transporting dangerous goods must be trained and obtain special qualifications in transporting dangerous goods as prescribed by the Ministry of Transport.

2. The storekeeper, escort and dangerous goods unloading person on vessels and at ports and inland wharves must be trained and granted a certificate of completing the training course on the type of dangerous goods which they escort, unloading or preserve as prescribed by law.

Article 13. Requirements on dangerous goods-carrying vehicles

1. Transport vehicles must be eligible to participate in traffic in accordance with law provisions.

2. Vehicles used for transporting dangerous goods must bear danger symbols. Where a vehicle carries various types of dangerous goods, it must bear all corresponding danger symbols. Danger symbols shall be sticks on the side of the vessel.

3. After all dangerous goods are unloaded, the vehicle used for transporting dangerous goods must be properly cleaned, peeled or removed all danger symbols if it no longer transports that kind of goods. The cleaning and peeling or removal of danger symbols on such vehicles shall be carried out according to the process and at the prescribed place.

Article 14. Loading and unloading of dangerous goods onto and from vessels and keeping thereof in stores and storing yards

1. Dangerous goods unloading person must perform the loading and unloading of dangerous goods according to regulations.

2. The loading and unloading of dangerous goods must be carried out under the direct instruction and supervision of the storekeeper, charterer or escort. The captain shall decide on diagrams of dangerous goods loading on vessels and dunnage, tying up and appropriate to the properties of each type and group of dangerous goods. Do not put the goods that can react with each other and increase the danger in the same compartment or cargo compartment.

3. In case the transport of dangerous goods does not require a escort, the carrier must carry out the loading and unloading under the instruction of the charterer.

4. The dangerous goods that must be isolated during loading, unloading, and storage must be loaded, unloaded at separate wharves and warehouses.

5. After all dangerous goods are removed from the warehouse, the place where dangerous goods were stored must be cleaned in order to avoid impacts on other goods according to the prescribed process.

Chapter IV

DANGEROUS GOODS TRANSPORT PERMITS

Article 15. Contents, form and term of dangerous goods transport permits

1. A dangerous goods transport permit contains the following principal details:

a) Name, address, contact number of unit which is granted permit; full name and title of its legal representative;

b) Type and group of dangerous goods;

c) The transport route and time schedule;

d) Term of the permit.

If a permit is granted according to each shipment, there must be additional information about the vehicle or vessel and the driver.

2. The forms of dangerous goods transport permits and danger signs shall be issued, managed and distributed by competent authorities.

3. The time limit of a dangerous goods transport permit shall be granted for each shipment or each period at the request of the unit transporting dangerous goods but not exceeding 24 months and not exceeding the service life of the vehicle or vessel.

Article 16. Competence to grant dangerous goods transport permits

1. The Ministry of Public Security shall grant permits for the transport of dangerous goods of classes 1, 2, 3,4 and 9 as prescribed in Clause 1, Article 4 of this Decree (except for plant protection chemicals).

2. The Ministry of Science and Technology shall grant permits for the transport of dangerous goods of classes 5 and 8 as prescribed in Clause 1, Article 4 of this Decree.

3. The Ministry of Agriculture and Rural Development shall grant permits for the transport of dangerous goods being plant protection chemicals.

4. Agency granting dangerous goods transport permits shall base on the type and group of dangerous goods specified in Clause 1, Article 4 of this Decree to decide on the transport route and time schedule.

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

6. Organizations and individuals transporting dangerous goods must not request for the grant of dangerous goods transport permits according to this Decree if falling in to one of the following cases:

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

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

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

d) Transport of dangerous goods being plant protection substances with a total volume of less than 1,000 kg;

dd) Transport of dangerous goods to the remaining dangerous toxic chemicals in the types and groups of dangerous goods.

Article 17. Applications for the grant and re-grant of dangerous goods transport permits

1. An application for the grant of permit to transport dangerous goods of classes 5 and 8 comprises:

a) A written request for the grant of dangerous goods transport permit which is made according to the form specified in Appendix I of this Decree;

b) A copy of the automobile goods transport business license, in which stating the goods transport business type (applicable to units conducting automobile goods transport business) or a copy of business or cooperative registration certificate (applicable to inland waterway transport business units);

c) A copy or original of the list of vehicles or vessels participating in transport, enclosed with a copy of the certificate of technical safety and environmental protection inspection of such vehicles or vessels that are still valid, issued by a competent agencies (applicable in the case of voyage shipment);

d) A copy or original of the list of drivers. For the transport of dangerous goods on inland waterways, there must be a copy of special qualifications (applicable in the case of voyage shipment);

dd) A copy or original of the plan on organization of transportation of the transporting unit, in which clearly stating the transport route and time schedule, measures to rescue chemical incidents in transporting dangerous goods;

e) Copies or originals of the certificate of conformity of standards, technical regulations or test results, inspection results for packaging materials, containers of dangerous goods in accordance with the Minister of Industry Trade’s regulations on the list of dangerous industrial goods to be packed in the process of transporting and the transport of dangerous industrial goods by road motor vehicles, railway and inland waterway and law provisions on product and goods quality.

2. An application for the grant of permit to transport dangerous goods of classes 1, 2, 3, 4 and 9 comprises:

a) A written request for the grant of dangerous goods transport permit which is made according to the form specified in Appendix I of this Decree;

b) A copy of the automobile goods transport business license, in which stating the goods transport business type (applicable to units conducting automobile transport business) or a copy of business or cooperative registration certificate (applicable to inland waterway transport business units);

c) A copy or original of the list of vehicles or vessels participating in transport, enclosed with a copy of the certificate of technical safety and environmental protection inspection of such vehicles or vessels that are still valid, issued by a competent agencies (applicable in the case of voyage shipment);

d) A copy or original of the list of drivers. For the transport of dangerous goods on inland waterways, there must be a copy of special qualifications (applicable in the case of voyage shipment);

dd) A copy or original of the plan on organization of transportation of the transporting unit, in which clearly stating the transport route and time schedule, emergency rescue measures upon fire or explosion incidents; A copy or original of the plan for response to oil spills (applicable to petrol and oil transport on inland waterways);

e) A copy or original of the contract on sale and purchase of industrial explosives or a written permission for testing industrial explosion (in case of transporting for testing industrial explosives) or decision on destruction of industrial explosives (in case of transport for destruction) of the competent agencies;

g) A copy or original of the inspection record of the competent fire prevention, fighting and rescue police agency on conditions for transporting industrial explosives of the escort and driver of vehicle or vessel and such vehicle or vessel (attached with the original for comparison);

h) A copy or original of the registration form for the volume, type and time of receipt of the agency that directly manages the industrial explosives warehouse where the dangerous goods is transported to or the written permission for the place of unloading explosives industries of People s Committees of provinces and centrally run cities;

i) A copy or the permit for using industrial explosives or a written permission for importing industrial explosives of the competent agency;

k) A copy or original of a written permission for importing or transporting industrial explosives from Vietnam to other countries (for the case of transporting to foreign countries) of the competent agency.

3. An application for the grant of permit to transport dangerous goods being plant protection chemicals comprises:

a) A written request for the grant of dangerous goods transport permit which is made according to the form specified in Appendix I of this Decree;

b) A copy of the automobile goods transport business license, in which stating the goods transport business type (applicable to units conducting automobile transport business) or a copy of business or cooperative registration certificate (applicable to inland waterway transport business units);

c) A copy or original of the list of vehicles or vessels participating in transport, enclosed with a copy of the certificate of technical safety and environmental protection inspection of such vehicles or vessels that are still valid, issued by a competent agencies (applicable in the case of voyage shipment);

d) A copy or original of the list of drivers. For the transport of dangerous goods on inland waterways, there must be a copy of special qualifications (applicable in the case of voyage shipment);

d) A copy or original of one of the following documents: Supply contract; Financial invoices for the export and import of plant protection products;

e) A copy or original of the plan on organization of transportation of the transporting unit, in which clearly stating the transport route and time schedule.

4. An application for re-granting dangerous goods transport permit when there is a change related to the permit content or such permit is lost, damaged, revoked or deprived comprises:

a) A written request for there-grant of dangerous goods transport permits;

b) A dossier proving information changes (in case there is a change related to the content) or papers and documents proving the remedying of the violation (in case of revocation or deprivation of the right to use permit).

Article 18. Order and procedures for the grant and re-grant of dangerous goods transport permits

1. Procedures for granting dangerous goods transport permits

a) The carrier of dangerous goods shall submit 01 set of application for the grant of permit to transport dangerous goods as prescribed in Clauses 1, 2 and 3, Article 17 of this Decree to the agency granting dangerous goods transport permit.

In case of directly submitting: The agency handling administrative procedures shall review the components of the application and feedback immediately when an organization or individual comes to submit an application;

In case of sending an application via the post office or the online public service system: Within 01 working day from the date on which an application is received, the agency handling administrative procedures shall check whether the application is sufficiency, if not, the agency handling administrative procedures shall send a notice in writing or via the online public service system to such organization or individual for supplement.

The procedure for grant of permits for the transport of dangerous goods of class 7 shall comply with the provisions on the conduct of radiation work and activities of atomic energy application support services;

b) Within 05 working days, after receiving a complete application as prescribed, the licensing agency shall appraise it and grant a dangerous goods transport permit. In case of refusal to grant a dangerous goods transport permit, the licensing agency shall reply in writing or notify via the online public service system and clearly state the reason.

2. Procedures for re-grant of a dangerous goods transport permit when there is a change related to the permit contents or the permit is lost or damaged.

a) The carrier of dangerous goods shall submit 01 set of application for the grant of permit to transport dangerous goods as prescribed in Clause 4, Article 17 of this Decree to the agency granting dangerous goods transport permit. In case the application needs modification or supplementation, within 01 working days after receiving the application, the licensing agency shall inform directly or in writing, or via the online public service system about the contents to be modified or supplemented to the carrier;

b) Within 03 working days, after receiving a complete application as prescribed, the licensing agency shall appraise it and grant a dangerous goods transport permit. In case of refusal to grant a dangerous goods transport permit, the licensing agency shall reply in writing or notify via the online public service system and clearly state the reason.

3. Procedures for the re-grant of a dangerous goods transport permit when the permit is revoked or deprived shall comply with Clause 1 of this Article, enclosed with documents proving the remedying of the violation causing to revocation or deprivation.

4. During the transportation of dangerous goods, if there is a change in vehicle, vessel and driver in comparison with the List enclosed with an application which has been granted the dangerous goods transport permit, the unit transporting dangerous goods must notify the List and application of the alternative vehicles, vessels and drivers to the licensing agency before carrying out the transportation.

Within 01 working days from the date on which the unit transporting dangerous goods’ notification and application are received, the licensing agency shall inspect and notify in writing about the List of alternative vehicles, vessels and drivers. In case of refusal, the licensing agency shall reply in writing or notify via the online public service system and clearly state the reason.

5. The reception of application and return the result shall be carry out at the licensing agency’s head office or via the post office or other suitable means as prescribed.

Article 19. Revocation of dangerous goods transport permits

1. The carrier of dangerous goods shall have his/her permit revoked indefinitely in one of the following cases:

a) To provide the wrong copy of requested documents or incorrect information on the application for grating of dangerous goods transport permit;

b) To fail to transport dangerous goods according to the application for grating of dangerous goods transport permit or the granted dangerous goods transport permit;

c) To stop the operation in accordance with law provisions or by request from the carrier.

2. The licensing agency may revoke the dangerous goods transport permit it has granted in the following order:

a) To issue a decision on revocation of the dangerous goods transport permit;

b) To send the decision on revocation of the dangerous goods transport permit to the carrier and post such information on its web portal (if any);

c) When the licensing agency promulgates a decision on revocation of the dangerous goods transport permit, the carrier must hand over the granted permit to the licensing agency, and at the same time, stop the operations of transporting dangerous goods in accordance with the decision on revocation of the dangerous goods transport permit right after it takes effect. If the carrier commits violations as prescribed in Points a and b, Clause 1 of this Article and is compelled to revoke the permit, the licensing agency shall not re-grant the dangerous goods transport permit for 01 month from the date on which the decision on revocation takes effect. After 01 month from the date on which the decision on revocation takes effect, if the carrier still wishes to transport dangerous goods, he/she must carry out procedures for re-granting the dangerous goods transport permit in accordance with Clause 3, Article 18 of this Decree;

d) To notify on mass media, on web portal or website of the licensing agency about the revocation of the granted permit.

3. The carrier who is sanctioned by the competent agency and deprived of the right to use dangerous goods transport permit shall have to stop all activities related to dangerous goods transportation under the decision on administrative violations sanctioning. After the expiry of the deprivation period, if wishing to continue participating in transportation, the carrier must carry out procedures for the re-grant of a permit according to Clause 3, Article 18 of this Decree.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 20. The Ministry of Transport

1. To assume the prime responsibility for and coordinate with relevant ministries and branches in amending and supplementing the List of dangerous goods and submit the Government for promulgation.

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

3. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities.

Article 21. The Ministry of Public Security

1. To manage the dangerous goods transport activities; grant the permits to transport dangerous goods of classes 1, 2, 3, 4 and 9 as prescribed in Clause 1, Article 4 of this Decree.

2. To assume the prime responsibility for and coordinate with the Ministry of Transport, Ministry of Industry and Trade in amending and supplementing the List of dangerous goods of classes 1, 4 and 9 as prescribed in Clause 1, Article 4 of this Decree.

3. To provide regulations on content, time for training, qualification with officials training to the driver, storekeeper, escort and dangerous goods unloading person participating in transporting dangerous goods of classes 1, 4 and 9; to provide regulations on the dangerous goods of classes 1, 4 and 9 which are required a escort when being transported.

4. To providing detailed regulations on the List of dangerous goods of classes 4 and 9 to be packed when transporting; to provide technical standards and technical regulations for packages and containers of dangerous goods of classes 1, 4 and 9 as prescribed in Clause 1, Article 4 of this Decree.

5. To coordinate with the Ministry of Natural Resources and Environment in promulgating the process and place to clean the vehicles and vessels after transporting dangerous goods; cleaning process after taking all dangerous goods out of warehouses and yards.

6. To assume the prime responsibility for and coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

Article 22. The Ministry of Science and Technology

1. To manage the dangerous goods transport activities; grant the permits to transport dangerous goods of classes 5 and 8 as prescribed in Clause 1, Article 4 of this Decree.

2. To assume the prime responsibility for and coordinate with the Ministry of Transport in amending and supplementing the List of dangerous goods of classes 5, 7 and 8 as prescribed in Clause 1, Article 4 of this Decree.

3. To provide regulations on content, time for training, qualification with officials training to the driver, storekeeper, escort and dangerous goods unloading person participating in transporting dangerous goods of classes 5, 7 and 8; to provide regulations on the dangerous goods which are required a escort when being transported.

4. To publicize a List of dangerous goods to be packed when transporting for dangerous goods of classes 5, 7 and 8 as prescribed in Clause 1, Article 4 of this Decree.

5. To provide regulations on materials used to making packages and containers of dangerous goods on the vehicles and vessels; technical standards and technical regulations of packages and containers for each type of substance and group of dangerous goods under the competence.

6. To coordinate with the Ministry of Natural Resources and Environment in promulgating the process and place to clean the vehicles and vessels after transporting dangerous goods; cleaning process after taking all dangerous goods out of warehouses and yards.

7. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

Article 23. The Ministry of Health

1. To manage the dangerous goods transport activities for toxic chemicals used in health sector and insecticidal and germicidal chemicals for domestic use as prescribed in Clause 1, Article 4 of this Decree.

2. To assume the prime responsibility for and coordinate with the Ministry of Transport in amending and supplementing the List of dangerous goods related to toxic chemicals and infectious substances used in health sector and insecticidal and germicidal chemicals for domestic use.

3. To provide regulations on content, time for training, qualification with officials training to the driver, storekeeper, escort and dangerous goods unloading person participating in transporting dangerous goods related to toxic chemicals and infectious substances used in health sector and insecticidal and germicidal chemicals for domestic use; to provide regulations on the dangerous goods which are required a escort when being transported.

4. To publicize a List of dangerous goods to be packed when transporting for toxic chemicals and infectious substances used in health sector and insecticidal and germicidal chemicals for domestic use.

5. To provide regulations on materials used to making packages and containers of dangerous goods on the vehicles and vessels; technical standards and technical regulations of packages and containers for each type of toxic chemicals and infectious substances used in health sector and insecticidal and germicidal chemicals for domestic use.

6. To coordinate with the Ministry of Natural Resources and Environment in promulgating the process and place to clean the vehicles and vessels after transporting dangerous goods; cleaning process after taking all dangerous goods out of warehouses and yards.

7. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

Article 24. The Ministry of Industry and Trade

1. To manage the activities of transporting dangerous goods of classes 2 and 3, petrol, oil, gases and other remaining dangerous and hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree.

2. To assume the prime responsibility for and coordinate with the Ministry of Transport and Ministry of Public Security in amending and supplementing the List of dangerous goods of classes 2 and 3, petrol, oil, gases and other remaining dangerous and hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree; to coordinate with the Ministry of Public Security in amending and supplementing the List of dangerous goods of class 1.

3. To formulate regulations on petrol, oil, gases and other remaining dangerous and hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree.

4. To provide regulations on content, time for training, qualification with officials training to the driver, storekeeper, escort and dangerous goods unloading person participating in transporting dangerous goods of classes 2 and 3, petrol, oil, gases and other remaining dangerous and hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree; to provide regulations on the dangerous goods which are required a escort when being transported.

5. To providing detailed regulations on the List of dangerous goods to be packed when transporting; to provide technical standards and technical regulations for packages and containers of dangerous goods of classes 2 and 3, petrol, oil, gases and other remaining dangerous and hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree.

6. To coordinate with the Ministry of Natural Resources and Environment in promulgating the process and place to clean the vehicles and vessels after transporting dangerous goods; cleaning process after taking all dangerous goods out of warehouses and yards.

7. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

Article 25. The Ministry of Agriculture and Rural Development

1. To manage the dangerous goods transport activities; grant the permits to transport dangerous goods for plant protection chemicals as prescribed.

2. To assume the prime responsibility for and coordinate with the Ministry of Transport in amending and supplementing the List of dangerous goods related to plant protection chemicals.

3. To provide regulations on content, time for training, qualification with officials training to the driver, storekeeper, escort and dangerous goods unloading person participating in transporting dangerous goods related to plant protection chemicals; to provide regulations on the dangerous goods which are required a escort when being transported.

4. To publicize a List of plant protection chemicals to be packed when transporting.

5. To provide regulations on materials used to making packages and containers of dangerous goods on the vehicles and vessels; technical standards and technical regulations of packages and containers in corresponding to plant protection chemicals.

6. To coordinate with the Ministry of Natural Resources and Environment in promulgating the process and place to clean the vehicles and vessels after transporting dangerous goods; cleaning process after taking all dangerous goods out of warehouses and yards.

7. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

Article 26. The Ministry of Natural Resources and Environment

1. To assume the prime responsibility for and coordinate with relevant ministries in promulgating the process and place to clean the vehicles and vessels after transporting dangerous goods; cleaning process after taking all dangerous goods out of warehouses and yards.

2. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

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

1. To coordinate with relevant ministries and branches in managing, inspecting, supervising and handling violations in the dangerous goods transport activities under the competence.

2. To direct People’s Committees of districts and communes to carry out the following contents if there s any incident when transporting dangerous goods in their respective management areas:

a) To assist vehicle and vessel drivers and goods escorts (if any) in rescuing people, goods and vehicles, vessels;

b) To evacuate victims out of the scenes of incidents and give them first-aid treatment;

c) To protect goods and vehicles, vessels for continued transport, storage or transshipment under the guidance of competent agencies;

d) To zone off, and evacuate inhabitants from, affected areas and, at the same time, report the case to the People s Committees of higher levels and other concerned agencies for mobilization of necessary forces for timely handling.

Article 28. The charterer

1. To pack in proper sizes, goods quantities and with packing materials and containers according to technical standards of each type of dangerous goods as prescribed.

2. The outer packages must be stuck with goods labels, danger symbols and danger signs as prescribed in Article 8 of this Decree.

3. To formulate at least 04 sets of applications on dangerous goods to be transported (01 set sent to the carrier of dangerous goods; 01 set sent to the dangerous goods unloading person; 01 set sent to the driver or captain or the driver of the inland waterway vessel and 01 set kept by the charterer). Such application must comprises: The goods consignment bill must clearly state: The dangerous goods appellation, code number, class and group of goods, gross weight, type of package, number of packages, date and place of manufacture, full name and address of the charterer and goods consignee.

4. To notify in writing to the carrier about requirements which must be satisfied during transport and instructions for coping with accidents or incidents, if any, even in case goods are transported with an escort.

5. To organize the training course and grant the certificate to an escort, dangerous goods unloading person and storekeeper as prescribed. To store application on training for a minimum of 05 years. To send a person to escort goods which must be escorted.

Article 29. The carrier

1. To arrange transport vehicles and vessels which are applicable to the types of dangerous goods to be transported. To provide an username and password to access the automobile s cruise monitoring software or access the automatic identification system of AIS vessels of vehicles and vessels licensed for transporting dangerous goods belonging to units for licensing agency before transporting (applicable to vehicles and vessels of transport business).

2. To check the to-be transported goods to ensure safety before transporting as prescribed.

3. To fully comply with the notices of the charterer and provisions specified in the dangerous goods transport permit.

4. To list the danger symbols of types and groups of the transported dangerous goods as prescribed.

5. To clean, peel off and remove the danger symbols on the vehicles and vessels used to transport the dangerous goods after unloading goods if it is not continued to be transported.

6. To fully comply with provision specified in the dangerous goods transport permit. The carrier is only allowed to organize to transport dangerous goods if the dangerous goods transport permit is still valid, for the type, groups and appellation of dangerous goods which requires a permit, danger symbols and danger signs as prescribed.

7. To transport dangerous goods only when all procedures are carried out and goods are accompanied with valid applications and properly packaged so as to ensure safety during transport.

8. When transporting dangerous goods being flammable substances, substances liable to spontaneous combustion, desensitized liquid or solid explosives through bridges or tunnels of special importance or other works under construction involving high temperature, wielding sparks or electric sparks, the carrier must strictly abide by the instructions of the direct management units or the construction units.

9. There must be a plan to rescue oil spills when transporting petrol and oil on inland waterways.

10. To organize the training courses and grant Certificates of eligible to transport dangerous goods for drivers of road motor vehicles as prescribed. To store application on training for a minimum of 03 years.

Article 30. The drivers

1. To fully comply with provisions specified in the permit and only organize to transport dangerous goods if: Having the dangerous goods transport permit which is still valid for the type, group and appellation of dangerous goods which requires a permit; on vehicles, vessels, packages and containers of dangerous goods, there must be full of danger symbols and danger signs.

2. To comply with the instructions as prescribed in the notices of the charterer and the carrier s instructions.

3. To abide by the instructions of the direct management units or the construction units when transporting dangerous goods being flammable substances, substances liable to spontaneous combustion, desensitized liquid or solid explosives through bridges or tunnels of special importance or other works under construction involving high temperature, wielding sparks or electric sparks.

4. To carry applications of transporting dangerous goods provided by the charterer; a valid dangerous goods transport permit for the type, group and appellation of dangerous goods which requires a permit; a Certificate of eligible for transporting dangerous goods (applicable to the driver of road motor vehicle), a special qualification (applicable to the captain or the driver of inland waterway vessel) and other documents as prescribed by law; to preserve dangerous goods during transportation when there are no escorts.

5. To take measures for eliminating or minimizing the harm of dangerous goods; make and send reports to the local People’s Committee and relevant agencies for promptly handling when dangerous goods face a problem that threatens the safety of people, vehicles, vessels, the environment, and other goods, or when a traffic accident happens during the transport. If the situation is overwhelming, the driver must immediately inform to the carrier and charterer to deal with in cooperation.

6. The captain or driver of inland waterway vessel shall be responsible for assigning crew-members to regularly guide and supervise the loading and unloading of dangerous goods on the vessel.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 31. Effect

1. This Decree takes effect on June 01, 2020 and replaces the Government’s Decree No. 104/2009/ND-CP dated November 09, 2009 on providing for the List of dangerous goods and the transport of dangerous goods by road motor vehicles and the Government’s Decree No. 29/2005/ND-CP dated March 10, 2005 on the List of dangerous goods and the transport of dangerous goods on inland waterways.

2. Organizations and individuals that have been granted dangerous goods transport permits before the effective date of this Decree shall not be required to re-grant the permits until they expire or until they are re-granted.

Article 32. Responsibility of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally run cities, and related businesses and individuals shall be responsible for implementing this Decree./.

* All Appendices are not translated herein.