Circular No. 09/2016/TT-BKHCN stipulates the procedures and formalities for issuing permits to transport dangerous goods, including oxidizing substances, organic peroxides (Class 5), and corrosive substances (Class 8) via road, rail, and inland waterway motor vehicles.

CIRCULAR

Regulations on the procedures and formalities for issuing permits to transport dangerous goods

including oxidizing substances, organic peroxides (Class 5) and

corrosive substances (Class 8) by road, rail, and inland waterway motor vehicles

motor vehicles, railways, and inland waterways

_________________________

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 29/2005/NĐ-CP dated March 10, 2005 of the Government stipulating the list of dangerous goods and the transportation of dangerous goods on inland waterways;

Pursuant to 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, and Decree No. 26/2011/NĐ-CP dated April 8, 2011 of the Government amending and supplementing certain provisions of Decree No. 108/2008/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Chemicals;

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;

Pursuant to Decree No. 14/2015/NĐ-CP dated February 13, 2015, issued by the Government detailing and guiding the implementation of certain provisions of the Railway Law;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the General Director of the Standardization, Measurement and Quality Control Department and the Director of the Legal Department,

The Minister of Science and Technology issues this Circular prescribing the procedures and formalities for issuing permits to transport dangerous goods, which include oxidizing substances, organic peroxides (Class 5) and corrosive substances (Class 8) by road, rail, and inland waterway motor vehicles under the responsibility of the Ministry of Science and Technology.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular prescribes responsibilities and procedures and formalities for issuing permits to transport dangerous goods, which include oxidizing substances, organic peroxides (Class 5) and corrosive substances (Class 8) (hereinafter referred to as dangerous goods) as specified in:

a) Clause 1, Article 4 of 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;

b) Clause 1, Article 4 of Decree No. 29/2005/NĐ-CP dated March 10, 2005 of the Government stipulating the list of dangerous goods and the transportation of dangerous goods on inland waterways;

c) Clause 1, Article 22 of Decree No. 14/2015/NĐ-CP dated February 13, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways.

Article 2. Transport of dangerous goods for the following purposes is not within the scope of regulation of this Circular:

a) Dangerous goods for national defense and security purposes of the armed forces;

b) Dangerous goods in special cases as prescribed in Clause 4, Article 2 of Decree No. 104/2009/NĐ-CP and Article 27 of Decree No. 14/2015/NĐ-CP, specifically:

- Goods serving urgent requirements for disease prevention and control, disaster relief, and enemy combat;

- Transit goods of countries and international organizations that Vietnam has not signed or joined international treaties with those countries and international organizations.

Article 3. In case international treaties related to the transportation of dangerous goods by road, rail, and inland waterway motor vehicles to which the Socialist Republic of Vietnam is a party have different provisions from this Circular, the provisions of such international treaties shall apply.

Article 2. Applicability

Article 1. Domestic and foreign organizations and individuals (hereinafter referred to as organizations and individuals) carry out the transportation and other organizations and individuals related to the transportation of dangerous goods by road, rail, and inland waterway motor vehicles on the territory of Vietnam.

Article 2. State management agencies responsible for managing the transportation of dangerous goods by road, rail, and inland waterway motor vehicles on the territory of Vietnam.

Article 3. Explanation of Terms

1. UN Number (United Nations) is a four-digit number defined according to the United Nations system to identify dangerous goods.

2. Dangerous goods transport permit is a permit issued by competent state authorities to organizations and individuals requiring to transport dangerous goods by road, rail, and inland waterway motor vehicles.

Article 3. Other terms used in this Circular are defined in the Law on Chemicals and guiding legal documents implementing the Law on Chemicals.

Chapter II

PROCEDURES AND FORMALITIES FOR ISSUING

DANGEROUS GOODS TRANSPORT PERMITS

Article 4. Documents for Application to Obtain Dangerous Goods Transport Permit and Methods of Submitting Documents

1. Documents for Application to Obtain Dangerous Goods Transport Permit include:

a) Application form for Dangerous Goods Transport Permit (in accordance with Model 1.ĐĐK stipulated in the Appendix attached to this Circular);

b) Certificate of organization or individual permitted to operate dangerous goods business or to transport goods according to current laws;

c) Declaration form of information on dangerous goods (in accordance with Model 2. DMHNH- LT-PT-NĐKAT stipulated in the Appendix attached to this Circular);

d) Valid driver's license for the type of vehicle used to transport dangerous goods;

đ) Vehicle registration certificate, valid technical safety inspection certificate and environmental protection certificate of the vehicle issued by the competent authority; valid compulsory civil liability insurance certificate of the vehicle owner issued by the Insurance Authority;

In case an organization or individual needs to hire a vehicle to transport dangerous goods, they must submit a copy of the commercial contract or agreement on the transportation of dangerous goods signed and stamped by all parties involved, detailing information about the vehicle (type of vehicle, license plate number, carrying capacity);

e) Valid occupational safety and health training certificate of individuals participating in the transportation of dangerous goods issued in accordance with Circular No. 27/2013/TT-BLDTBXH dated October 18, 2013 of the Ministry of Labor, Invalids and Social Affairs, concerning occupational safety and health training work;

g) Valid certificate of completion of chemical safety training course issued by the Department of Industry and Trade for the driver, escort, and individuals participating in the transportation of dangerous goods;

h) Chemical Safety Data Sheet of the dangerous goods to be transported in Vietnamese provided by the dangerous goods manufacturing or importing enterprise in accordance with Clause 3, Article 29 of the Chemical Law, accompanied by a copy in the original language of the dangerous goods manufacturing enterprise (if available). The content of the Chemical Safety Data Sheet is regulated by Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade;

i) Certificate of compliance with technical standards or test result certificate for packaging materials and containers for dangerous goods in accordance with Articles 5 and 6 of Circular No. 44/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade, regarding the list of industrial dangerous goods that must be packaged during transportation and transportation of industrial dangerous goods by road, rail, and inland waterway traffic means, and other regulations on product quality;

k) Emergency response plan for chemical accidents during the transportation of dangerous goods approved by the competent authority in accordance with Article 9 of Circular No. 44/2012/TT-BCT for goods required to establish an emergency response plan under the regulations;

l) Cleaning plan and environmental protection requirements after the end of transportation, approved by the competent authority in accordance with current environmental protection regulations, in accordance with Model 3. PALSTB stipulated in the Appendix of this Circular.

In case an organization or individual applies for a Dangerous Goods Transport Permit using multiple drivers, vehicles, escorts, or types of dangerous goods, they must provide complete documents as stipulated in Points d, đ, e, g, h, i, k of Clause 1 of this Article corresponding to each additional situation (for goods required to establish an emergency response plan under the regulations).

2. Methods of Submitting Documents:

An organization or individual wishing to transport dangerous goods by road, rail, or inland waterway traffic means must prepare one set of documents in accordance with Clause 1 of this Article and send it via postal service or submit directly at the office or through the online portal of the Provincial or Central City Standardization, Metrology and Quality Control Agency where the organization or individual has registered their business, specifically:

a) In case of direct submission at the Standardization, Metrology and Quality Control Agency office, documents stipulated in Clause 1 of this Article which have not been certified from the originals, the organization or individual must present the originals for verification.

b) In case of submission via postal service, documents stipulated in Clause 1 of this Article must be submitted as certified copies from the originals.

c) In case of submission through the online portal of the Standardization, Metrology and Quality Control Agency, follow the guidance document on online administrative procedures at the local level.

Article 5. Procedures for Issuing Dangerous Goods Transport Permits

1. The Standard Metrology Quality Control Agency shall be responsible for receiving and reviewing applications for dangerous goods transport permits within five (5) working days from the date of receipt of the application from organizations or individuals, specifically:

a) In cases where the application is incomplete or complete but contains invalid information, the Standard Metrology Quality Control Agency shall notify the organization or individual to supplement the application via email or written notice in accordance with regulations.

After thirty (30) days from the date of notification requesting the organization or individual to supplement the application, if no explanation for the inability to supplement the application is received, the Standard Metrology Quality Control Agency shall issue a notice refusing to grant the dangerous goods transport permit and specify the reasons. If the organization or individual still requires transportation of dangerous goods after being refused a permit, they must prepare a new application in accordance with Article 4 of this Circular.

b) In cases where the application is valid, the Standard Metrology Quality Control Agency shall issue a dangerous goods transport permit to the organization or individual in accordance with Model 4. GPVC stipulated in the Appendix attached to this Circular.

c) In cases where the quantity of dangerous goods requested for transport exceeds the threshold specified in Column 7 of Appendix 1 on emergency response plans issued together with Circular No. 44/2012/TT-BCT, the Standard Metrology Quality Control Agency shall organize an on-site review at the organization's or individual's office or warehouse and must notify the organization or individual via email or written notice. Within ten (10) working days from the date of notification, the Standard Metrology Quality Control Agency must conduct the on-site review. The on-site review shall be conducted as follows:

- The on-site review shall involve experts and the establishment of an Inspection Team to carry out the review. The Inspection Team shall be established by a decision of the Director of the Standard Metrology Quality Control Agency.

- Upon completion of the on-site review, the Inspection Team must prepare an On-Site Review Report, clearly concluding whether the application for a dangerous goods transport permit complies with regulations and recommending issuance or refusal of the permit, or specifying the requirements that the organization or individual must address (if the application has deficiencies). The On-Site Review Report shall be prepared in two (2) copies and signed by all members of the Inspection Team and the legal representative of the organization or individual, each party retaining one copy with equal legal validity. If the organization or individual does not sign the On-Site Review Report, the Inspection Team shall record in the report "representative... (name of organization or individual) did not sign the On-Site Review Report" and the report will retain legal validity when signed by the members of the Inspection Team. - In cases where the organization or individual does not need to take corrective actions to complete the application for a dangerous goods transport permit, within two (2) working days from the date of the On-Site Review Report, the Standard Metrology Quality Control Agency shall issue the dangerous goods transport permit to the organization or individual in accordance with Model 4. GPVC stipulated in the Appendix attached to this Circular.

- In cases where the organization or individual needs to take corrective actions to complete the application for a dangerous goods transport permit, the maximum time limit for taking corrective actions shall not exceed thirty (30) working days from the date of the On-Site Review Report.

Within three (3) working days from the date the Standard Metrology Quality Control Agency receives a written report from the organization or individual applying for a dangerous goods transport permit stating that corrective actions have been completed, the Standard Metrology Quality Control Agency shall organize a supplementary review of the results of the corrective actions. The supplementary review shall be carried out by the Inspection Team in accordance with point c of this Clause. The supplementary review result must be recorded in a Supplementary Review Report and clearly marked as "Supplementary Review Report." The Supplementary Review Report shall specify whether the requirements are met and recommend issuance or refusal of the dangerous goods transport permit.

Within two (2) working days from the date of the supplementary review results, the Standard Metrology Quality Control Agency shall issue or refuse to issue the dangerous goods transport permit to the organization or individual in accordance with Model 4. GPVC stipulated in the Appendix attached to this Circular. In cases of refusal, the refusal notice must specify the reasons.

2. Validity Period of Dangerous Goods Transport Permit

The validity period of the dangerous goods transport permit corresponds to each mode of transport:

a) Road and inland waterway transport:

- The transport permit may be issued for a specific transport period or for a specific consignment.

- For permits issued for a specific transport period: the validity period of the dangerous goods transport permit shall not exceed twelve (12) months from the date of issuance but shall not exceed the remaining validity period of one of the components of the application as specified in points b, d, đ, e, g, k, l of Clause 1, Article 4 of this Circular.

- For permits issued for a specific consignment: the transport period of the consignment shall not exceed the remaining validity period of one of the components of the application as specified in points b, d, đ, e, g, k, l of Clause 1, Article 4 of this Circular. This permit shall become invalid immediately upon completion of the transport.

b) Rail transport:

b) Transport of dangerous goods by railway:

The dangerous goods transportation permit shall be issued for each consignment to be transported. The transportation period of the consignment must not exceed the remaining validity period of one of the documents specified in Points b, d, đ, e, g, k, l of Clause 1, Article 4 of this Circular. This dangerous goods transportation permit will become invalid immediately upon completion of the transportation.

3. Organizations and individuals who have been granted a dangerous goods transportation permit and wish to change or supplement the information recorded in the permit (such as adding the list of dangerous goods to be transported, participating vehicles, vehicle drivers, escorts, and participants in the transportation of dangerous goods) must submit an application for a supplementary permit. The procedures for changing or supplementing the information recorded in the dangerous goods transportation permit that has already been issued shall be carried out according to the provisions of Article 4 of this Circular (for the changed or supplemented parts). The examination process and issuance of the dangerous goods transportation permit shall be conducted according to the provisions of Article 5 of this Circular (for the changed or supplemented parts).

Article 6. Documents and Procedures for Reissuing Dangerous Goods Transportation Permits

1. A reissued dangerous goods transportation permit applies to cases where organizations and individuals still hold valid dangerous goods transportation permits but have lost, misplaced, or damaged them.

Organizations and individuals wishing to reissue a dangerous goods transportation permit shall prepare one set of application documents for reissuing the permit in accordance with Clause 2 of this Article and submit it to the Standardization, Measurement, and Quality Control Agency that originally issued the dangerous goods transportation permit to the organization or individual. The method of submitting the application documents shall comply with the provisions of Clause 2 of Article 4 of this Circular.

2. The application documents for reissuing a dangerous goods transportation permit include:

a) An application form for reissuing a dangerous goods transportation permit in accordance with Form 5. DDKL attached as an appendix to this Circular;

b) A report on the operation of transporting dangerous goods for the volume already completed under the previously issued transportation permit in accordance with Form 6. BCHDVC attached as an appendix to this Circular;

c) The original dangerous goods transportation permit that is damaged in the case where the permit is damaged (if applicable).

3. Examination procedure for applications to reissue dangerous goods transportation permits:

The Standardization, Measurement, and Quality Control Agency is responsible for receiving and examining the application documents within two working days from the date of receipt of the application for reissuing the dangerous goods transportation permit submitted by the organization or individual.

a) In cases where the application is incomplete or complete but contains invalid information, the Standard Metrology Quality Control Agency shall notify the organization or individual to supplement the application via email or written notice in accordance with regulations.

If, thirty days after issuing a notice requesting the organization or individual to supplement the application documents, no valid explanation for the failure to provide the necessary supplements is received, the Standardization, Measurement, and Quality Control Agency shall issue a notice refusing to reissue the dangerous goods transportation permit, clearly stating the reasons for refusal. In the event that an organization or individual is refused a reissued dangerous goods transportation permit and still wishes to transport dangerous goods, they must prepare a new set of application documents in accordance with Clause 2 of this Article.

b) In the case where the application documents are valid, the Standardization, Measurement, and Quality Control Agency shall issue a dangerous goods transportation permit to the organization or individual in accordance with Form 4. GPVC attached as an appendix to this Circular. The validity period of the reissued dangerous goods transportation permit shall be recorded according to the validity period of the previously issued dangerous goods transportation permit.

Article 7. Revocation of Dangerous Goods Transport Permit

1. The Dangerous Goods Transport Permit shall be revoked in the following cases:

a) Organizations and individuals that have been dissolved or declared bankrupt according to the provisions of the law but still carry out dangerous goods transportation;

b) Committing acts of violation for which competent state management agencies issue decisions on administrative penalties in the field of dangerous goods business or dangerous goods transport business or violations related to dangerous goods quality two times or more;

c) Leasing, lending, or arbitrarily modifying the contents of the Dangerous Goods Transport Permit issued;

d) Implementing the contents not in accordance with the provisions stipulated in the Dangerous Goods Transport Permit;

đ) Causing chemical accidents due to the fault of organizations and individuals during dangerous goods transportation one time or more, and being subject to administrative penalty decisions from competent state management agencies;

e) Submitting a written request not to continue carrying out dangerous goods transportation.

2. The Standard Measurement Quality Agency shall issue a decision to revoke the Dangerous Goods Transport Permit already issued based on the provisions of Clause 1 of this Article and clearly state the reasons.

3. The Standard Measurement Quality Agency will not accept and review applications for new issuance of Dangerous Goods Transport Permits from organizations and individuals whose Dangerous Goods Transport Permits have been revoked due to violations under points c and d of Clause 1 of this Article within six months from the date the Dangerous Goods Transport Permit was revoked; or within twelve months from the date organizations and individuals had their Dangerous Goods Transport Permits revoked due to violations under points a, b, and đ of Clause 1 of this Article.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

VÀ STATE MANAGEMENT AUTHORITIES WITH COMPETENT AUTHORITY

Article 8. Responsibilities of organizations and individuals related to dangerous goods transportation

Organizations and individuals related to dangerous goods transportation must comply with laws on chemicals, road traffic laws, inland waterway traffic laws, railway laws, and product and commodity quality laws.

1. Responsibilities of the dangerous goods consignor:

a) Dangerous goods must be packaged, contained, labeled, and managed in terms of quality according to the provisions of Decree No. 104/2009/ND-CP, Article 8 and Article 9, or Decree No. 29/2005/ND-CP, Article 6, or Decree No. 14/2015/ND-CP, Article 24, or Circular No. 44/2012/TT-BCT, Articles 5 and 6, issued by the Government or the Ministry of Industry and Trade respectively;

b) Must have a Dangerous Goods Transport Permit, a Goods Business Permit, and a Goods Transport Business Permit when the dangerous goods consignor is also the owner of the transport vehicle according to current laws, or must provide a certified copy of the Dangerous Goods Transport Permit and the Goods Business Permit when the consignor is not the owner of the transport vehicle, as required by current laws, if the consignor is a company granted a Dangerous Goods Transport Permit;

c) Cooperate with local specialized agencies to handle, limit, and mitigate consequences when chemical accidents occur during transportation;

d) Provide one certified copy of the Dangerous Goods Transport Permit to the driver and escort of the transport vehicle when the dangerous goods consignor is a company granted a Dangerous Goods Transport Permit;

đ) Notify in writing the owner of the dangerous goods transport vehicle, the driver, and the escort:

- The list of dangerous goods transported per shipment (name of dangerous goods, UN number, type, group, danger code; quantity of dangerous goods);

- Requirements to be implemented during the transportation of dangerous goods;

- A safety data sheet of the dangerous goods to be transported in Vietnamese, accompanied by a certified copy in the original language of the hazardous goods manufacturer (if available);

- An emergency response plan for chemical accidents during dangerous goods transportation as prescribed in Circular No. 44/2012/TT-BCT, Article 9, for goods that are required to establish an emergency response plan;

e) Fulfill insurance obligations as prescribed by law and pay all costs related to mitigating consequences when accidents occur during dangerous goods transportation. Bear responsibility for losses arising from late or inaccurate provision of information, documents, and instructions;

g) Equip sufficient personal protective equipment suitable for the type of dangerous goods to be transported for the driver, escort, and personnel involved in dangerous goods transportation;

h) Store packaging and containers of dangerous goods; collect, transport, manage, and dispose of waste packaging and containers according to environmental protection laws and hazardous waste management regulations;

i) Have the responsibility to cooperate and create conditions for the Dangerous Goods Audit Team to complete audit objectives;

k) Submit reports on the process of dangerous goods transportation to the Standard Measurement Quality Agency at the place where the enterprise is registered no later than thirty days from the end of transportation according to Model 6.BCHĐVC prescribed in the Appendix to this Circular, for cases where the consignor is granted a Dangerous Goods Transport Permit per consignment;

l) Submit reports on the process of dangerous goods transportation to the Standard Measurement Quality Agency at the place where the enterprise is registered annually in December according to Model 6.BCHĐVC prescribed in the Appendix to this Circular, for cases where the consignor is granted a Dangerous Goods Transport Permit with a validity period;

m) Provide certified copies of relevant documents related to the application for a Dangerous Goods Transport Permit for organizations and individuals applying for a Dangerous Goods Transport Permit when the consignor hires a transport vehicle;

n) Comply with laws on fees and charges for issuing Dangerous Goods Transport Permits when the dangerous goods consignor is the entity applying for a Dangerous Goods Transport Permit.

2. Responsibilities of the owner of the dangerous goods transport vehicle:

a) Only use transport vehicles listed in the registration list recorded in the Dangerous Goods Transport Permit issued by the competent authority;

b) The dangerous goods transport vehicle must be marked with hazard symbols and warning signs according to the provisions of Article 9 and Article 13 of Decree No. 104/2009/NĐ-CP or Article 6 of Decree No. 29/2005/NĐ-CP or Article 24 of Decree No. 14/2015/NĐ-CP of the Government or Article 4 of Circular No. 44/2012/TT-BCT of the Ministry of Industry and Trade corresponding to each type of transport;

c) Must have the Dangerous Goods Transport Permit and related documents when participating in traffic according to current laws, or must have a certified copy of the Dangerous Goods Transport Permit and the Business Permit for Transporting Goods according to current laws when the owner of the dangerous goods transport vehicle is not simultaneously the owner of the dangerous goods or the enterprise that has been granted the Dangerous Goods Transport Permit;

d) Cooperate with local specialized agencies on environmental protection to handle, limit, and mitigate consequences when chemical accidents occur during the transportation of dangerous goods (if any);

đ) Provide one (1) certified copy of the Dangerous Goods Transport Permit to the driver and escort of the dangerous goods transport vehicle when the owner of the dangerous goods transport vehicle is an enterprise that has been granted the Dangerous Goods Transport Permit;

e) Implement responsibilities regarding insurance for the transport vehicle according to regulations and pay all costs related to mitigating consequences when accidents occur during the transportation of dangerous goods. Be responsible for losses arising from delayed or inaccurate provision of information, documents, and instructions;

g) Comply fully with notifications from the owner of dangerous goods related to dangerous goods to be transported;

h) Provide the following documents to the driver and escort of the dangerous goods (when the owner of the transport vehicle is also the owner of the dangerous goods):

- List of dangerous goods being transported per shipment (name of dangerous goods, UN number, type, group, danger code, quantity of dangerous goods);

- Requirements to be implemented during the transportation of dangerous goods;

- A safety data sheet of the dangerous goods to be transported in Vietnamese, accompanied by a certified copy in the original language of the hazardous goods manufacturer (if available);

- Emergency response plan for chemical accidents during the transportation of dangerous goods according to Article 9 of Circular No. 44/2012/TT-BCT for goods that are required to establish an emergency response plan according to regulations;

i) Have specific plans and measures and implement the handling and cleaning of the transport vehicle after completing the transport period or if it does not continue to transport that type of dangerous goods;

k) Equip sufficient personal safety equipment appropriate to the dangerous goods to be transported for the driver and escort of the dangerous goods transport vehicle;

l) Provide certified copies of relevant documents related to the application for the Dangerous Goods Transport Permit to organizations or individuals applying for the Dangerous Goods Transport Permit;

m) Have the responsibility to cooperate and create conditions for the Inspection Team to complete the inspection objectives;

n) Submit reports on the process of transporting dangerous goods to the Standardization, Measurement, and Quality Control Agency where the business is registered annually by December according to Form 6.BCHĐVC stipulated in the Appendix of this Circular for cases where the owner of the transport vehicle is granted a Dangerous Goods Transport Permit with a validity period;

o) Submit reports on the process of transporting dangerous goods to the Standardization, Measurement, and Quality Control Agency of the locality where the business operates, no later than thirty (30) days from the end of the transport process according to Form 6.BCHĐVC stipulated in the Appendix of this Circular for cases where the owner of the transport vehicle is granted a Dangerous Goods Transport Permit for each consignment;

p) Comply with legal regulations on fees and charges for issuing the Dangerous Goods Transport Permit.

3. Responsibilities of the driver of the dangerous goods transport vehicle:

a) Adhere to legal regulations on safety when driving the transport vehicle to participate in traffic;

b) Must have a valid Driver's Permit for the transport vehicle issued by the competent authority corresponding to the transport vehicle specified in the Dangerous Goods Transport Permit; must have a Certificate of completion of chemical safety training courses issued by the Department of Industry and Trade within its validity period; must have a Safety and Health Training Certificate;

c) Only carry out the transportation of dangerous goods when having a Dangerous Goods Transport Permit and only transport dangerous goods listed in the Dangerous Goods Transport Permit; must carry a certified copy of the Dangerous Goods Transport Permit when transporting dangerous goods;

d) Notify local specialized agencies on environmental protection to cooperate in handling, limiting, and mitigating consequences when chemical accidents occur during transportation;

đ) Strictly comply with transport schedules and fully comply with notifications from the owner of dangerous goods and the owner of the dangerous goods transport vehicle;

During transportation, it is not allowed to arbitrarily transfer dangerous goods to another transport vehicle except in emergencies due to natural disasters or force majeure but must promptly inform the competent management agency at the local level to coordinate in handling;

e) Not allowed to stop, park, or anchor the transport vehicle in public places with many people (markets, schools, hospitals...). For dangerous chemicals affected by heat, when transporting, they cannot be stopped or parked in places generating heat sources and cannot be parked for long under intense sunlight; except when stopping, parking, or anchoring is required according to traffic transport laws;

In case there is no escort for dangerous goods, the driver of the transport vehicle must also perform the responsibilities of the escort for dangerous goods;

g) The captain must be responsible for organizing the loading and unloading of dangerous goods according to the instructions of the shipper or sender or according to Article 9 of Decree No. 29/2005/NĐ-CP.

4. Responsibilities of the escort personnel for dangerous goods:

a) Must have a Certificate proving completion of chemical safety training courses issued by the Department of Industry and Trade, which is still valid; must also hold a valid Occupational Safety and Health Training Certificate according to current regulations;

b) When escorting the transport of dangerous goods, they must carry:

- An emergency response plan for chemical accidents during the transportation of dangerous goods that are required to have such a plan;

- A Chemical Safety Data Sheet for the dangerous goods to be transported in Vietnamese, accompanied by a certified copy in the original language provided by the dangerous goods manufacturer (if available);

- Guidelines on safe transportation of dangerous goods from the producing enterprise (if available) and certified copies of other necessary documents related to the dangerous goods being escorted;

c) Check the technical safety conditions for transporting dangerous goods before transportation, at least every two hours throughout the transportation process to ensure safe transportation;

d) Monitor and supervise the loading and unloading of dangerous goods onto the transport vehicle, store dangerous goods safely, and be responsible for safety and environmental hygiene;

đ) Record the transportation process in a logbook;

e) Notify relevant authorities and implement emergency response activities for chemical accidents according to the emergency response plan for chemical accidents during the transportation of dangerous goods or instructions on the Chemical Safety Data Sheet when a chemical accident occurs;

g) Wear appropriate personal protective equipment suitable for the type of dangerous goods when approaching dangerous goods or handling them in case of a chemical accident occurring during transportation (if applicable);

5. Responsibilities of personnel involved in the transportation of dangerous goods:

a) Must have a Certificate proving completion of chemical safety training courses issued by the Department of Industry and Trade, which is still valid; must also hold a valid Occupational Safety and Health Training Certificate;

b) Must comply with guidelines on the transportation and loading/unloading of dangerous goods provided by the dangerous goods owner and legal regulations on occupational safety and health;

c) Wear appropriate personal protective equipment suitable for the type of dangerous goods when approaching dangerous goods or handling them in case of a chemical accident occurring during transportation (if applicable);

Article 9. Responsibilities of People's Committees of provinces and centrally governed cities

1. Direct specialized agencies to cooperate with the Standard Measurement Quality Control Branch to conduct inspections and checks on the transportation activities of organizations and individuals involving dangerous goods within their jurisdiction as stipulated in this Circular;

2. Promptly direct specialized agencies at the local level and mobilize necessary forces, coordinate with district, county, commune, town people's committees (where the accident occurred) to handle, respond to, and mitigate consequences in cases of chemical accidents during transportation;

3. In cases of serious chemical accidents, promptly report to sectoral ministries and agencies to coordinate specialized forces to handle and mitigate the accident;

Article 10. Responsibilities of Provincial Science and Technology Departments

1. Direct the Standard Measurement Quality Control Branch to organize the acceptance, review, and issuance of Dangerous Goods Transportation Permits to organizations and individuals requiring transportation of dangerous goods within their management area as stipulated in this Circular;

2. Lead and coordinate with specialized agencies (transport inspection, industry and trade, public security...) to inspect and check the transportation of dangerous goods by organizations and individuals who have been granted Dangerous Goods Transportation Permits;

3. Annually, in January, report a summary of Dangerous Goods Transportation Permit issuance and the situation of dangerous goods transportation in the previous year to the provincial/municipal People's Committee and the Standard Measurement Quality Control General Department under the Ministry of Science and Technology.

Article 11. Responsibilities of Provincial and Central City Standard Measurement Quality Control Agencies

1. Organize the acceptance, examination of applications, issuance, reissuance, or revocation of Dangerous Goods Transport Permits; comply with legal provisions on fees for issuing Dangerous Goods Transport Permits.

2. Participate and coordinate with local specialized agencies and relevant agencies where chemical incidents occur (if any) to guide incident handling and mitigate consequences.

3. Take the lead and coordinate with relevant agencies and units to inspect and supervise organizations and individuals who have been issued Dangerous Goods Transport Permits during the transportation of dangerous goods.

4. Receive reports on the situation of dangerous goods transportation from organizations and individuals.

Article 12. Responsibilities of the National Standard Measurement Quality Control Agency

1. Advise and assist the Minister of Science and Technology in state management and guide the operation of issuing Dangerous Goods Transport Permits as stipulated in this Circular.

2. Conduct inspections and checks on the issuance of Dangerous Goods Transport Permits by provincial and central city standard measurement quality control agencies; implement legal provisions related to the transportation of dangerous goods by relevant organizations and individuals.

3. Annually compile and report to the Ministry of Science and Technology on the situation of provinces and cities issuing Dangerous Goods Transport Permits in the previous year, or at any time when required.

Chapter IV

IMPLEMENTATION

Article 13. Effectiveness and Transitional Provisions

1. This Circular shall take effect from August 15, 2016.

2. Repeal the effectiveness of Circular No. 25/2010/TT-BKHCN dated December 29, 2010 of the Ministry of Science and Technology guiding procedures for issuing permits to transport dangerous goods such as oxidizing substances, organic peroxides, and corrosive substances via road motor vehicles from the date this Circular takes effect.

3. Organizations and individuals granted Dangerous Goods Transport Permits under Circular No. 25/2010/TT-BKHCN may continue to use them until their validity period expires as stated in the Dangerous Goods Transport Permit already issued upon the implementation of this Circular.

Article 14. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular.

2. During implementation, if related documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents.

3. Any issues arising during implementation shall be promptly reported in writing to the Ministry of Science and Technology for consideration and resolution./.