Circular No. 08/2012/TT-BYT guides the transportation of dangerous goods in the healthcare sector via road motor vehicles.

CIRCULAR

Guidelines for transporting dangerous goods in the healthcare sector

by motor vehicles on roads

_____________________

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 22/2010/NĐ-CP dated March 9, 2010 of the Government amending and supplementing Clause 3 of Article 3 of Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government stipulating the list of dangerous goods and the transportation of dangerous goods by road motor vehicles;

Considering the proposal of the Director of the Department of Environmental Health Management, the Minister of Health hereby issues guidelines for transporting dangerous goods in the healthcare sector by motor vehicles on roads as follows:

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the transportation of dangerous goods, which are chemicals, insecticides, and bactericides used in household and healthcare sectors (hereinafter referred to as chemicals), by motor vehicles on roads within the territory of Vietnam, including:

a) Conditions for transporting chemicals;

b) Competent authority, documents, and procedures for issuing permits for transporting chemicals.

2. This Circular does not regulate the transportation of chemicals such as mosquito incense, mosquito repellent cream, topical solutions, MAT strips, ant bait for ants, cockroaches, flies, and other chemicals specified in Clauses 2, 3, and 4 of Article 2 of Decree No. 104/2009/NĐ-CP of the Government stipulating the list of dangerous goods and the transportation of dangerous goods by motor vehicles on roads (hereinafter referred to as Decree No. 104/2009/NĐ-CP).

Article 2. Interpretation of Terms

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

1. The sender of goods is an organization or individual named as the sender of dangerous goods by motor vehicles on roads.

2. Chemical safety sheet is a document established by the manufacturer or importer containing information about the identification of chemicals; components of substances; hazardous characteristics of chemicals; first aid measures; fire response measures; preventive and response measures in case of incidents; storage requirements; effects on people and personal protective equipment requirements; physical and chemical properties of chemicals; stability and activity levels of chemicals; ecological information; disposal requirements; and other necessary information.

Section 2

CONDITIONS FOR TRANSPORTING CHEMICALS BY MOTOR VEHICLES ON ROADS

Article 3. Principles for transporting chemicals

1. Transporting chemicals must comply with the provisions of Decree No. 104/2009/NĐ-CP, laws on traffic order and safety on roads and railways, and related laws.

2. Transporting chemicals can only be carried out after they have been packaged and labeled according to the provisions of this Circular.

3. Organizations, institutions, and individuals (hereinafter referred to as transport entities) when transporting chemicals at or above one thousand kilograms (1,000 kg) per vehicle per trip must have a permit for transporting chemicals.

4. Transport entities when transporting chemicals below 1,000 kg per vehicle per trip do not need to have a permit for transporting chemicals but still must comply with the provisions of Section II of this Circular.

5. Vehicles with trailers shall not be used to transport chemicals.

6. Chemicals that can react with each other shall not be transported on the same vehicle.

7. Chemicals shall not be transported together with passengers, animals, foodstuffs, flammable and explosive materials, and other goods.

Article 4. Requirements for packaging, containers, or cargo boxes (containers) during transportation

1. Must be made from materials that ensure suitability for each type of chemical as prescribed in Article 25 of Circular No. 29/2011/TT-BYT dated June 30, 2011 of the Ministry of Health on the management of chemicals, insecticides, and bactericides used in household and medical fields.

2. Must be labeled with pictograms representing the physical characteristics of the chemicals according to Model No. 1 of Appendix 1 issued together with this Circular. The size of the pictogram representing the physical characteristics of the chemicals is 100mm x 100mm for each chemical container and 250mm x 250mm for the container.

3. Must be labeled with hazard symbols according to Model No. 2 of Appendix 1 issued together with this Circular. The size of the hazard symbol is 100mm x 100mm for each chemical container and 250mm x 250mm for the container.

4. Must have a hazard warning sign according to Model No. 3 of Appendix 1 of this Circular located below the hazard display sign. The size of the hazard warning sign is 300mm x 500mm.

Article 5. Requirements for transportation vehicles

In addition to meeting the requirements stipulated in Article 13 of Decree No. 104/2009/NĐ-CP, transportation vehicles carrying chemicals must comply with the following regulations:

1. Must have fire-fighting equipment suitable for the chemicals being transported.

2. Must have a roof or tarpaulin securely covering the entire cargo compartment to ensure it is waterproof during transportation.

3. The size of the hazard symbol affixed to the transportation vehicle is 500mm x 500mm.

Article 6. Regulations on the transportation process of chemicals

1. During the transportation of chemicals, the driver of the transportation vehicle must comply with the following regulations:

a) Must move according to the schedule recorded in the transportation contract or other relevant documents between the vehicle owner and the goods owner.

b) Shall not stop or park within one hundred meters (100m) from places where large crowds gather such as markets, supermarkets, event venues, schools, hospitals, or sources of drinking water, except when required to stop or park according to traffic laws or to deliver goods at markets or supermarkets.

2. Transportation vehicles carrying chemicals must be placed last in each ferry trip if the ferry terminal does not have a dedicated ferry for dangerous goods.

Section 3

AUTHORITY, APPLICATION DOCUMENTS, AND PROCEDURES FOR ISSUING CHEMICAL TRANSPORTATION LICENSES

BY MOTOR VEHICLES ON ROADS

Article 7. Authority to issue chemical transportation licenses

The Director of the Department of Health of the province or centrally governed city (hereinafter referred to as the province) shall issue and revoke chemical transportation licenses for transportation units whose headquarters are located within the jurisdiction assigned to them.

Article 8. Application Documents for Issuing Chemical Transportation Licenses

1. An application form for a chemical transportation license according to Model No. 1 of Appendix 2 issued together with this Circular.

2. A certified copy of the business registration certificate or investment certificate of the unit applying for the chemical transportation license.

3. A certified copy of the certificate of qualification for transporting dangerous goods issued by the inspection agency for the motor vehicle.

4. A certified copy of the driving license of the driver who will transport the chemicals.

5. A certified copy of the training certificate on safety in chemical transportation for the driver and escort of the chemical transportation vehicle.

6. Proposed transportation schedule for chemicals.

Article 9. Procedure for Issuing Chemical Transport Permits

1. The transport entity applying for a chemical transport permit shall submit the application to the Provincial Department of Health where the entity's headquarters is located. Within five (05) working days from the date of receiving a complete and valid application, the Provincial Department of Health must organize the examination and approval of the application and issue the chemical transport permit to the transport entity.

2. In cases where the application does not meet the required conditions, within three (03) working days from the date of receipt of the application, the Provincial Department of Health must issue a written notice to the transport entity requesting to supplement and perfect the application. If the issuance of the chemical transport permit is not agreed upon, a written response with detailed reasons must be provided.

Article 10. Revocation of Chemical Transport Permits

1. A chemical transport permit will be revoked in the following cases:

a) Forgery of any document in the application for a chemical transport permit;

b) Renting, lending, or arbitrarily modifying the content of the chemical transport permit;

c) Failure to meet the conditions for obtaining a chemical transport permit as stipulated in Section II of this Circular.

2. A transport entity whose chemical transport permit has been revoked shall not be allowed to submit an application for a new chemical transport permit within six (06) months from the date of revocation of the chemical transport permit.

Article 11. Validity and Format of Chemical Transport Permits

1. A chemical transport permit is valid for twelve (12) months from the date of issuance.

2. The chemical transport permit must be returned to the issuing authority within seven (07) working days from the expiration date or from the date of the decision to revoke the permit.

3. In cases where a large quantity of chemicals requires transportation using multiple vehicles in the same trip, only one chemical transport permit will be issued.

4. The format of the chemical transport permit is specified in Appendix 3 attached to this Circular.

Section 4

RESPONSIBILITIES FOR IMPLEMENTATION

Article 12. Responsibilities of the National Health Environment Management Agency

Annually, it shall take the lead or coordinate with relevant agencies to organize inspections and audits on the implementation of chemical transport permit issuance nationwide.

Article 13. Responsibilities of the Provincial Department of Health

1. Organize the examination and approval of applications and issuance of chemical transport permits.

2. Coordinate with functional sectors to inspect and audit the transportation of chemicals by transport entities that have obtained chemical transport permits; revoke chemical transport permits when violations are discovered according to Article 10 of this Circular.

3. Directly or authorize subordinate agencies under the Department to cooperate with training institutions to organize training courses on safe chemical transportation according to the contents of the program specified in Appendix 4 attached to this Circular and issue training certificates according to the format specified in Appendix 5 attached to this Circular.

4. Report periodically every six (06) months on the situation of chemical transport permit issuance in the managed area to the Ministry of Health (National Health Environment Management Agency).

Article 14. Responsibilities of the Chemical Sending Entity

1. Comply with the provisions of Article 4 of this Circular before sending chemicals.

2. Provide a Safety Data Sheet for the transport entity (the preparation of the Safety Data Sheet is carried out in accordance with Article 40 of Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade detailing certain provisions of the Law on Chemicals and Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals).

Article 15. Responsibilities of Chemical Transport Entities

1. Adhere to the provisions of this Circular and the laws on chemicals during the transportation and handling of dangerous goods.

2. Develop a clear and complete transportation schedule for dangerous goods.

3. Notify in writing the specific time of the chemical transportation schedule and certified copies of the transportation permit and chemical safety form to the People's Committees of provinces within the established transportation route to assist and support in case of incidents.

4. In cases where unforeseen circumstances occur during transportation that prevent adherence to the time and route specified in the permit or require changing the means of transport, escort personnel, driver, or loss of the transportation permit, before continuing transportation, must obtain a confirmation document from the police authority at the commune level or higher where the unforeseen circumstance occurred.

In such cases, the transport entity shall notify in writing, accompanied by the confirmation document from the police authority at the commune level or higher where the unforeseen circumstance occurred, to the Department of Health of the province that issued the transportation permit within five (05) days from the date of the incident.

5. If there is a change in the transportation schedule compared to the provisions in the issued transportation permit, the transport entity shall notify in writing the specific time of the chemical transportation schedule to the Department of Health of the province that issued the transportation permit and the People's Committees of provinces within the transportation route twenty-four (24) hours prior to commencing the chemical transportation.

6. Upon revocation of the transportation permit, the transport entity shall return the revoked transportation permit to the Department of Health of the province or centrally-administered city that issued the transportation permit for the transport entity within seven (07) days from the date of the decision to revoke the transportation permit.

7. Pay fees for the issuance of the transportation permit according to the law (if applicable).

Article 16. Responsibilities of Drivers and Escorts of Chemical Transport Vehicles

1. Strictly comply with transportation schedules and requirements of the consignor.

2. Maintain a logbook of the transportation process.

3. Be responsible for the safety, hygiene, and environmental protection of dangerous goods during transportation.

4. Fully implement the provisions of this Circular and the laws on chemicals during the transportation and handling of dangerous goods.

Section 5

IMPLEMENTATION

Article 17. Effective Date

This Circular takes effect from October 1, 2013.

Article 18. Implementation Organization

The Medical Environment Management Agency and the Departments of Health of provinces and centrally-administered cities are responsible for implementing this Circular.

During implementation, if there are difficulties, agencies and organizations shall promptly report to the Ministry of Health (Medical Environment Management Agency) for consideration and resolution./.