Circular No. 10/2008/TT-BKHCN guides the procedures for issuing permits to transport dangerous chemicals, including oxidizing substances, organic compounds, and corrosive materials, using road motor vehicles.

CIRCULAR

Guidelines for the Procedure to Issue Permits for Transporting Hazardous Chemicals

including oxidizing substances, organic compounds, and corrosive substances

via motor vehicles on public roads

_______________________

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

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

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

The Ministry of Science and Technology guides the procedure for issuing permits for transporting oxidizing substances, organic compounds, and corrosive substances via motor vehicles on public roads within the territory of Vietnam as follows:

I. General Provisions

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars guide the procedures for issuing permits for transporting hazardous chemicals of Class 5 and Class 8 via motor vehicles on public roads, including oxidizing substances and organic peroxide compounds (Class 5) and corrosive substances (Class 8) as specified in Appendix 1 attached to Decree No. 13/2003/NĐ-CP dated February 19, 2003 of the Government stipulating the List of Dangerous Goods and the Transport of Dangerous Goods by Road (hereinafter referred to as Decree No. 13/2003/NĐ-CP).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) These Circulars apply to domestic organizations and individuals and foreign organizations and individuals (hereinafter collectively referred to as enterprises) related to the transport of dangerous goods via motor vehicles on public roads within the territory of Vietnam.

In cases where international treaties related to the transport of dangerous goods by road to which the Socialist Republic of Vietnam is a party provide different provisions from these Circulars, the provisions of such international treaties shall be applied.

b) The transport of dangerous goods for national defense and security purposes by armed forces shall be regulated by the Minister of National Defense and the Minister of Public Security.

3. Cases exempted from application according to Article 3 of Decree No. 13/2003/NĐ-CP shall be decided by the Prime Minister.

a) Goods serving urgent needs for disease prevention and control, disaster relief, and enemy threats.

b) Transit goods of countries and international organizations that Vietnam has not signed or joined the treaties of those countries and international organizations.

4. Definitions

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

a) Enterprise sending goods refers to an enterprise having hazardous chemicals that need to be transported via motor vehicles on public roads.

b) Transportation enterprise refers to an enterprise carrying out the transportation of hazardous chemicals via motor vehicles on public roads.

II. Conditions for Enterprises to Obtain Permits for Transporting Dangerous Goods via Motor Vehicles on Public Roads within the Territory of Vietnam

1. For Hazardous Chemicals Sent

Hazardous chemicals of Class 5 and Class 8 (hereinafter referred to as goods) that need to be transported must be packaged and labeled in accordance with Articles 7, 8, 9, and Article 17 of Decree No. 13/2003/NĐ-CP. Specifically, as follows:

a) Packaging of goods must comply with the provisions of Circular No. 02/2004/TT-BCN dated December 31, 2004 of the Ministry of Industry (now the Ministry of Industry and Trade) guiding the implementation of Decree No. 13/2003/NĐ-CP. The enterprise sending goods may only use packaging and containers that have been inspected and tested according to the testing standards prescribed by the Ministry of Industry and Trade.

b) Packaging containing goods must be labeled in accordance with the provisions of Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government regarding product labels and current regulations on labeling hazardous chemicals.

c) Packaging containing goods must affix hazard symbols of the type or group of goods according to the provisions of Section 1 of Appendix 3 of Decree No. 13/2003/NĐ-CP.

d) Must have all safety data sheets for chemicals as prescribed at point h, clause 2, Section I of Circular No. 02/2004/TT-BCN dated December 31, 2004 of the Ministry of Industry (now the Ministry of Industry and Trade) guiding the implementation of Decree No. 13/2003/NĐ-CP.

đ) In cases where goods require escorts, the escort must hold a training certificate for the dangerous goods they are transporting issued by the Ministry of Industry (now the Ministry of Industry and Trade).

2. For Transport Vehicles

a) Transport vehicles owned by the enterprise sending goods or leased from a transportation enterprise must be inspected and licensed for operation by the competent authority of the Ministry of Transport and must still be within their period of use.

At the same time, transport vehicles must meet the technical conditions for transporting hazardous chemicals as prescribed at point c, clause 2, Section III of Circular No. 02/2004/TT-BCN dated December 31, 2004 of the Ministry of Industry (now the Ministry of Industry and Trade) guiding the implementation of Decree No. 13/2003/NĐ-CP.

b) Transport vehicles must affix hazard symbols of the type or group of goods being transported. If multiple types of goods are transported simultaneously in the same vehicle, all hazard symbols of those goods must be affixed to the vehicle. The position of affixing the symbols should be on both sides and the rear of the transport vehicle. Below the symbol, there must be affixed a warning sign with the shape, size, and color as prescribed in Section 2 of Appendix 3 of Decree No. 13/2003/NĐ-CP, with the UN number (United Nations code) printed in the center. The size of the warning sign and the UN number (UN) are prescribed in Appendix 3 of this Circular.

c) Enterprises owning transport vehicles must have specific plans and measures for handling the vehicles (removing or peeling off hazard symbols affixed to the vehicle; cleaning and decontaminating residual hazardous chemicals on the vehicle, etc.) after completing the transport if they will not continue to transport.

3. For Drivers of Transport Vehicles

The driver must hold a valid driving license appropriate to the category of vehicle indicated on the license, and must also hold a certificate of training for transporting dangerous goods issued by the Ministry of Industry (now the Ministry of Industry and Trade), and must comply fully with the provisions in the transport permit.

4. Other Requirements

a) The enterprise sending goods (self-transportation or hired transportation) is responsible for inspecting and supervising goods, transport vehicles, drivers, and escorts to ensure compliance with the provisions of clauses 1, 2, and 3 of this Section, and must reflect this fully in the application dossier for obtaining a transport permit for dangerous goods through specific documentation.

b) The enterprise sending goods shall be responsible for establishing a clear and complete transportation schedule for goods; requiring the driver to strictly comply with the transportation schedule regulations, the requirements of the enterprise sending goods, and the instructions of construction units managing bridges and roads along the transportation route.

c) The enterprise sending goods shall be responsible for notifying in writing the specific time of the transportation schedule for goods and a copy of the dangerous goods transportation permit issued by the General Department of Standardization, Metrology and Quality Control to the People's Committees of provinces and cities within the established transportation schedule to assist and support in case of emergencies to ensure safety and environmental hygiene.

d) The transportation enterprise shall be responsible for and take measures to comply with safety regulations during the transportation and loading/unloading of goods.

đ) The enterprise sending goods and the transportation enterprise shall be responsible for fully implementing other related regulations stipulated in Decree No. 13/2003/NĐ-CP.

III. Procedures for Issuing Permits for Transporting Dangerous Goods by Road Motor Vehicles

1. The General Department of Standardization, Metrology and Quality Control under the Ministry of Science and Technology has the authority to review applications and issue permits for transporting dangerous goods by road motor vehicles equipped with warning signs to enterprises that need to transport such goods.

2. Enterprises with dangerous goods needing to be transported by road motor vehicles shall prepare one set of application documents to submit to the General Department of Standardization, Metrology and Quality Control. The application includes:

a) An application form for a dangerous goods transportation permit according to the model specified in Appendix 1 of this Circular (the name of the goods must be recorded according to its official name and United Nations number UN as prescribed in Appendix 1 of Decree No. 13/2003/NĐ-CP).

b) Chemical safety documentation as specified at point d, Clause 1, Section II of this Circular

c) Relevant documents concerning the requirements for the driver and escort:

- Safety work cards for the driver and escort issued in accordance with current state regulations;

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

d) A commitment letter from the enterprise (including the enterprise hired to transport the goods) regarding ensuring safety, hygiene, and environmental protection during the transportation of goods. In cases where the enterprise needs to hire a transportation enterprise to transport dangerous goods, a detailed transportation contract specifying information about the transport vehicle and the driver's name should be included.

đ) Transportation schedule for goods, address and phone number of the consignor for emergency contact.

3. Within fifteen working days from the date when the application is complete and valid, the General Department of Standardization, Metrology and Quality Control will organize the review of the application and issue a dangerous goods transportation permit to the enterprise according to the model specified in Appendix 2 of this Circular.

If the application does not meet the required conditions, the General Department of Standardization, Metrology and Quality Control shall notify the enterprise in writing within seven working days from the receipt of the application to supplement and perfect the application.

4. The validity period of the issued permit shall be based on the registration for the dangerous goods transportation permit but shall not exceed twelve months.

IV. Implementation Provisions

1. Enterprises sending goods, transportation enterprises, organizations, and individuals involved in the transportation of dangerous goods by road motor vehicles who violate the provisions of this Circular shall be subject to administrative penalties or criminal liability depending on the nature, degree of violation, and consequences caused, as provided by law.

2. This Circular shall take effect fifteen days after its publication in the Official Gazette. Previous regulations contrary to this Circular shall be abolished.

During implementation, if there are difficulties, organizations and individuals concerned are requested to promptly report to the Ministry of Science and Technology for consideration and resolution./.