Circular No. 02/2004/TT-BCN guiding the implementation of Government Decree No. 13/2003/NĐ-CP dated February 19, 2003 on the "List of Dangerous Goods and Transporting Dangerous Goods by Road"

CIRCULAR

Guidelines for implementing Decree No. 13/2003/NĐ-CP dated February 19, 2003 of the Government

specifying "List of Dangerous Goods, Transporting Dangerous Goods by Road"

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 13/2003/NĐ-CP dated February 19, 2003 of the Government stipulating the List of Dangerous Goods, Transporting Dangerous Goods by Road;

The Ministry of Industry guides the implementation of certain provisions of Decree No. 13/2003/NĐ-CP dated February 19, 2003 of the Government stipulating the List of Dangerous Goods, Transporting Dangerous Goods by Road as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope of Regulation, Applicability

These Circulars guide the implementation of Decree No. 13/2003/NĐ-CP dated February 19, 2003 of the Government stipulating the List of Dangerous Goods, Transporting Dangerous Goods by Road, including: supplementing the List of Dangerous Goods with industrial explosives; prescribing packaging specifications, container standards, and storage containers; affixing hazard labels and warning signs for industrial explosives and dangerous industrial chemicals; conditions of knowledge for workers and technical conditions for transport vehicles when participating in the transportation of industrial explosives and dangerous industrial chemicals.

These Circulars apply to organizations and individuals, both domestic and foreign, involved in the process of transporting industrial explosives and dangerous industrial chemicals for industrial production by road within the territory of Vietnam.

These Circulars do not apply to the following cases:

a) Special chemicals serving defense and security purposes managed by the Ministry of Defense and the Ministry of Public Security;

b) Liquid fuels and combustion materials derived from petroleum;

c) Pesticides and insecticides;

d) Radioactive substances.

2. Explanation of terms

In this Circular, the following terms are understood as follows:

a) Dangerous industrial chemicals are hazardous chemicals used in industry as specified in Appendix 2 of these Circulars.

b) Shipper is an organization or individual requesting the transportation of industrial explosives and dangerous industrial chemicals.

c) Transportation unit is an organization or individual undertaking the transportation of industrial explosives and dangerous industrial chemicals.

d) Transporter includes drivers and escorts directly performing the transportation of industrial explosives and dangerous industrial chemicals.

f) Hazard label are appropriate symbols corresponding to each type of dangerous goods attached to packaging, containers, and transport vehicles during the transportation of dangerous goods.

g) Warning sign for dangerous goods is a mark printed or affixed to containers and transport vehicles clearly indicating the United Nations number (UN number) of the dangerous goods.

h) Packaging of industrial explosives and dangerous chemicals are technical measures implemented to contain industrial explosives and dangerous chemicals using suitable packaging according to technical standards that shippers or transporters must comply with.

i) Chemical safety documentation is documentation established by suppliers or importers, printed in Vietnamese and containing the following information:

- The accurate name of dangerous industrial chemicals, UN number, and level of danger as stated in columns 2, 3, and 4 of the Dangerous Industrial Chemicals List table, Appendix 2 of these Circulars;

- Physical and chemical properties;

- Packaging requirements for transported chemicals;

- Necessary measures in case of chemical leakage;

- Requirements to be followed during transportation, guidance on handling in case of accidents or incidents;

- Technical instructions and warnings for storage and retention;

- Precautions for transportation and disposal;

- Safety recommendations for workers;

- If the chemical safety documentation has more than one page, pages must be consecutively numbered from one to the end. Each page must have a marking indicating the total number of pages in the entire document (for example: page 5/8 - page 5 out of 8 pages).

II. LIST OF INDUSTRIAL EXPLOSIVES AND DANGEROUS INDUSTRIAL CHEMICALS AND REQUIREMENTS FOR PACKAGING, LABELING, AND AFFIXING HAZARD LABELS

1. List of industrial explosives and dangerous industrial chemicals

a) The list of industrial explosives is specified in Appendix 1 of these Circulars.

b) The list of dangerous industrial chemicals classified under categories 2, 3, 4, 5, and 6 along with their UN numbers and hazard ratings is specified in Appendix 2 of these Circulars.

2. Packaging of industrial explosives and dangerous industrial chemicals

a) Packaging of industrial explosives must comply with the regulations set forth in TCVN 4586:1997.

b) Packaging of solid and liquid dangerous industrial chemicals is divided into three levels as specified in column 6 of the Dangerous Industrial Chemicals List table in Appendix 2 of these Circulars as follows:

- Very dangerous level indicated by number I;

- Dangerous level indicated by number II;

- Less dangerous level indicated by number III.

c) Packaging codes for each type of dangerous industrial chemicals are specified in column 7 of the Dangerous Industrial Chemicals List table in Appendix 2 of these Circulars.

d) Requirements for materials, technical conditions for packaging, and detailed packaging codes for solid, liquid, and gas dangerous industrial chemicals corresponding to each code specified in column 7 of the Dangerous Industrial Chemicals List table in Appendix 2 are specified in Appendix 3 of these Circulars.

e) Units producing or transporting industrial explosives and dangerous industrial chemicals must have equipment to ensure compliance with the regulations set forth in TCVN 4586:1997 for industrial explosives and those in Appendix 3 of these Circulars for dangerous industrial chemicals before commencing transportation.

f) Containers and storage tanks for dangerous industrial chemicals must be inspected and tested according to inspection standards prescribed by the Ministry of Industry. Packaging units must adhere to regulations regarding the use, inspection, and testing of packaging objects in accordance with technical standards for the packaging used.

g) The Department of Industrial Safety Technology is responsible for coordinating with relevant departments to establish regulations on inspection periods, procedures, and standards for dangerous industrial chemical packaging.

h) The inspection of packaging for hazardous industrial chemicals shall be carried out by units with the function of inspecting occupational safety, possessing adequate human resources and equipment.

3. Product labels, hazard symbols, and warning signs

a) Labeling of industrial explosives and hazardous industrial chemicals shall be conducted in accordance with current regulations on product labeling for goods circulating domestically and goods for export and import.

b) Each package containing industrial explosives and hazardous industrial chemicals must have a hazard symbol affixed to its exterior. The size, markings, and color of the hazard symbol are specified in Appendix 4 of this Circular.

c) Transport vehicles and containers carrying industrial explosives and hazardous industrial chemicals must:

- Affix hazard symbols corresponding to the type or group of goods being transported. If multiple types of hazardous industrial chemicals are transported on a single vehicle or container, all relevant hazard symbols and hazard numbers must be clearly affixed to the exterior of the transport vehicle or container.

- Affix a rectangular orange-yellow warning sign bearing the UN code. The dimensions of the warning sign are specified in Appendix 4 of this Circular.

d) The warning sign must be affixed below the hazard symbol.

đ) Hazard warnings and chemical hazard symbols must:

- Be legible in Vietnamese, clear, not faded, and not missing characters;

- Be directly printed on the packaging if printed on paper or other material, they must be firmly attached to the packaging;

- The printing or affixing area must contrast in color with the label, warning sign, and chemical hazard symbol colors specified in Appendix 4 of this Circular, while being arranged separately from other indicators that could reduce the effectiveness of recognizing the hazardous industrial chemical label and warning signs.

III. TRANSPORTATION OF INDUSTRIAL EXPLOSIVES AND HAZARDOUS INDUSTRIAL CHEMICALS

1. Transportation Permit

Industrial explosives and hazardous industrial chemicals may only be transported when properly packaged according to size, weight, labeling, and packaging materials as required for each type of goods, and when a transportation permit has been issued by the competent authority.

Industrial explosives can be transported after obtaining a permit from the Fire Prevention and Fighting Police Authority.

Units transporting hazardous industrial chemicals must apply for a permit when transporting the following quantities:

a) Solid and liquid hazardous industrial chemicals classified under Packing Group I, extremely dangerous, at or above 01 kilogram.

b) Solid and liquid hazardous industrial chemicals classified under Packing Group II, dangerous, at or above 50 kilograms.

c) Solid and liquid hazardous industrial chemicals classified under Packing Group III, less dangerous, at or above 500 kilograms.

d) Hazardous industrial chemicals in gas form.

The issuance of transportation permits for hazardous industrial chemicals is governed by Decree No. 13/2003/NĐ-CP dated February 19, 2003, of the Government.

2. Transportation of Industrial Explosives and Hazardous Industrial Chemicals

a) The transportation of industrial explosives must comply with the provisions of Technical Regulation TCVN 4586:1997 - Industrial Explosives, requirements for storage, transportation, and usage safety.

b) When transporting hazardous industrial chemicals, the following documents must be carried:

- A transportation permit issued by the competent state authority;

- Safety cards for drivers and escorts issued in accordance with current state regulations;

- Chemical safety documentation;

- Name and contact number of the consignor for emergency purposes;

- Necessary documents for the driver of the transport vehicle as stipulated by the Ministry of Transport.

c) Technical conditions for the transportation of hazardous industrial chemicals.

- Vehicles shall not use flatbed trailers to transport hazardous chemicals;

- Transport vehicles for hazardous chemicals must have a cab large enough for two people, including the driver and an escort;

- The transporter must ensure the requirements for escorts, auxiliary equipment, and technical measures for transporting hazardous chemicals as specified in Technical Regulation TCVN 5507:2002;

- Appropriate firefighting equipment suitable for the hazardous industrial chemicals being transported must be provided as prescribed by the Fire Prevention and Fighting Police Authority;

- There must be covering and sealing equipment to fully cover the cargo area. After covering, the edges must extend at least 20 cm beyond the cargo area and must have sufficient securing points to ensure secure positioning during transportation;

- Covering equipment must be waterproof and fire-resistant;

- The electrical system voltage in the transport vehicle must not exceed 24V;

- Transport vehicles for hazardous industrial chemicals must also meet technical requirements for road transport vehicles as stipulated by the Ministry of Transport.

d) Escorting hazardous chemicals

When transporting hazardous industrial chemicals, an escort must be present. The escort must be trained to understand the physical and chemical properties of the chemicals being transported, preventive measures, and methods to handle emergencies such as fires, explosions, and toxic leaks. During their duty, the escort must be equipped with full personal protective equipment as required by current state regulations.

đ) The driver of the transport vehicle carrying hazardous chemicals must adhere to the transportation route, stopping points, transportation time, and loading capacity as stated on the permit. During transportation, hazardous chemicals must not be transferred to another vehicle without the consent of the authority that issued the hazardous industrial chemical transportation permit.

e) The person controlling the means of transport carrying industrial chemicals that are highly flammable must follow the guidance of the unit directly managing or constructing the special important bridges, tunnels, or construction sites with high temperatures, welding flames, or electric sparks when passing through them.

3. Loading and unloading of industrial explosives and dangerous industrial chemicals

The loading and unloading of industrial explosives must comply with the provisions of TCVN 4586:1997.

The loading and unloading of dangerous industrial chemicals must be carried out by workers who have been trained and tested for knowledge on handling and working with dangerous chemicals. When performing work, they must adhere to the conditions specified in TCVN 5507:2002 - Dangerous Chemicals, safety regulations in production, business, use, storage, and transportation, and other related conditions stipulated in TCVN 3147-90 - Safety Regulations in Loading and Unloading Operations.

4. Emergency situations

In case of accidents during transportation or loading/unloading such as fires, explosions, spills, or other incidents, the escort personnel or representatives of the chemical transportation party must immediately report to the police authority, the authority that issued the transportation permit, and the local Industry Department regarding the accident situation and information recorded in the safety documentation of the transported dangerous industrial chemicals.

In case of vehicle malfunctions, it is mandatory to transfer dangerous industrial chemicals to another means of transport. The transportation party must obtain permission from the local authority responsible for issuing dangerous chemical transportation permits and carry out the transfer under the supervision of this authority.

IV. REQUIREMENTS FOR TRAINING OF PERSONNEL INVOLVED IN THE TRANSPORTATION OF INDUSTRIAL EXPLOSIVES AND DANGEROUS INDUSTRIAL CHEMICALS

1. Provisions for drivers and escorts of industrial explosives

Personnel involved with explosives must be trained, examined, and certified according to the provisions of TCVN 4586:1997.

2. Provisions for drivers, escorts, and loaders of dangerous industrial chemicals

Drivers transporting dangerous chemicals, escorts, loaders, and warehouse keepers of dangerous industrial chemicals must be trained, examined, and issued a safety work card.

Drivers must also hold all necessary certificates for operating vehicles in accordance with current national traffic regulations.

3. Training content

In addition to training on safety as prescribed in Circular No. 23/LDTBXH-TT dated September 19, 1995, which supplements Circular No. 08/LDTBXH dated April 11, 1995, regarding labor safety training, drivers, escorts, loaders, and warehouse keepers of dangerous industrial chemicals need to be provided additional training on the following topics:

a) Legal regulations related to the transportation of dangerous industrial chemicals.

b) Major groups of hazardous chemicals.

c) Hazard signs, symbols, and markings of goods.

d) Measures to be taken in case of accidents (rescue, road safety, basic knowledge on using protective equipment).

đ) Appropriate preventive and remedial measures for each type of hazardous chemical.

e) Hazardous characteristics of chemicals.

4. Responsibilities for training and issuing certificates to personnel working with dangerous chemicals

a) The Industrial Safety Technology Bureau under the Ministry of Industry shall take the lead and coordinate with relevant departments to be responsible for the training content for escorts, warehouse keepers, and drivers of dangerous chemical transportation means.

b) Training units for drivers, escorts, and loaders of dangerous industrial chemicals must develop training materials including the contents specified in Clause 3, Section IV of this Circular and obtain the approval of the Industrial Safety Technology Bureau regarding the content of these materials.

c) Units engaged in the transportation of dangerous industrial chemicals must ensure that personnel involved in transportation, escorting, loading/unloading, and warehousing of dangerous chemicals are trained and issued safety work cards. They must organize annual supplementary training and review knowledge.

d) Units must establish training records to file training materials, examination results, and other information related to the training and issuance of safety work cards for the aforementioned personnel.

V. IMPLEMENTATION

1. Implementation responsibilities

Annually, the Ministry of Industry will update or remove industrial explosives and dangerous industrial chemicals from the list of industrial explosives and the list of dangerous industrial chemicals.

The Ministry of Industry will coordinate with relevant ministries and sectors to organize regular and spot checks on compliance with laws and regulations stipulated in this Circular.

Provincial People's Committees and municipal people's committees under the central government shall direct relevant departments to regularly inspect activities related to the transportation of industrial explosives and dangerous industrial chemicals in accordance with the provisions of this Circular.

2. Effective Date

This Circular takes effect fifteen days after its publication in the Official Gazette. Previous regulations contrary to this Circular are hereby abolished.

During implementation, if there are any difficulties or newly arising issues, organizations and individuals should report to the Ministry of Industry for timely consideration./.