Decree No. 104/2009/ND-CP stipulates the List of Dangerous Goods and the transportation of dangerous goods by road motor vehicles.

DECREE

Regulations on the List of Dangerous Goods and the Transport of Dangerous Goods by Road Motor Vehicles

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

Considering the proposal of the Minister of Transport,

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the List of Dangerous Goods, the transport of dangerous goods, and the authority to issue permits for the transport of dangerous goods by road motor vehicles.

2. For the transportation of radioactive materials, in addition to implementing this Decree, it must also comply with the provisions of the Atomic Energy Law.

3. For the transportation of industrial explosives, in addition to implementing this Decree, it must also comply with the provisions of Government Decree No. 39/2009/NĐ-CP dated April 23, 2009, on industrial explosives.

Article 2. Applicability

1. This Decree applies to organizations and individuals, both domestic and foreign, involved in the transport of dangerous goods by road motor vehicles within the territory of the Socialist Republic of Vietnam.

2. The transportation 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. The transportation of dangerous goods by road motor vehicles must comply with the provisions of this Decree and other relevant Vietnamese regulatory legal documents. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

4. The Prime Minister decides on the application of special regulations and measures in the following situations:

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

b) Transit goods of countries and international organizations with which Vietnam has not signed or joined related international treaties.

Article 3. Explanation of Terms

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

1. Dangerous substances are those substances or mixtures in gaseous, liquid, or solid form capable of causing harm to human life and health, the environment, national safety, and security.

2. Dangerous goods are goods containing hazardous substances that may cause harm to human life and health, the environment, safety, and national security during transportation.

3. The consignor is an organization or individual named as the sender of dangerous goods.

4. The carrier is an organization or individual using road motor vehicles to transport dangerous goods.

Chapter 2.

CLASSIFICATION AND LIST OF DANGEROUS GOODS

Article 4. Classification of dangerous goods

1. Depending on their chemical and physical properties, dangerous goods are classified into 9 types and subtypes as follows:

Type 1.

Subtype 1.1: Explosive substances.

Subtype 1.2: Industrial explosive substances and articles.

Antenna Factor

Subgroup 2.1: Flammable gases.

Subtype 2.2: Non-flammable gases, non-toxic.

Subtype 2.3: Toxic gases.

Type 3. Flammable liquids and desensitized flammable liquids.

Type 4.

Subtype 4.1: Flammable solids, self-reactive substances, and desensitized flammable solids.

Subtype 4.2: Substances liable to spontaneous combustion.

Subtype 4.3: Substances which, in contact with water, emit flammable gases.

Type 5.

Subtype 5.1: Oxidizing substances.

Subtype 5.2: Organic peroxides.

Type 6.

Subtype 6.1: Toxic substances.

Subtype 6.2: Infectious substances.

Type 7: Radioactive materials.

Type 8: Corrosive substances.

Type 9: Miscellaneous dangerous substances and articles.

2. Packages and containers of dangerous goods that have not been cleaned inside and out after unloading the dangerous goods are also considered as corresponding dangerous goods.

Article 5. List of Dangerous Goods

1. The list of dangerous goods is classified by type and group, accompanied by United Nations code numbers and danger symbols as specified in Appendix I attached to this Decree.

2. The Ministry of Industry and Trade shall detail the list of Group 1.2 Type 1 goods under Article 4 of this Decree (industrial explosives and explosive materials).

3. The Ministry of Science and Technology shall detail the list of Type 7 goods under Article 4 of this Decree (radioactive substances).

4. The danger of each substance in goods is indicated by a danger symbol with a group of 2 to 3 digits as specified in Appendix II attached to this Decree.

Article 6. Amending and Supplementing the List of Dangerous Goods

The Government decides on amending and supplementing the list of dangerous goods based on the proposal of the Minister of Transport.

Chapter 3.

PACKAGING AND LABELING OF DANGEROUS GOODS

Article 7. Packaging of Dangerous Goods for Transportation

1. Ministries and sectors specified in Article 5 and Clause 2, Article 10 of this Decree shall be responsible for announcing the list of dangerous goods that must be packaged during transportation.

2. Packaging of dangerous goods within the territory of Vietnam must comply with the corresponding national technical standards. For types and groups of goods without national technical standards, they shall follow the regulations of the managing ministries.

Article 8. Packaging Materials and Containers for Dangerous Goods

1. The managing ministry specified in Clause 2, Article 10 of this Decree shall be responsible for specifying the types of materials used for packaging and containers for dangerous goods on transport vehicles; technical standards for use and inspection standards for packaging and containers corresponding to each type of substance and each group of dangerous goods.

2. Only packaging and containers for dangerous goods meeting the prescribed standards of competent authorities may be used.

Article 9. Labels, Hazard Symbols, and Warning Signs

1. Labeling of dangerous goods shall be carried out according to Decree No. 89/2006/NĐ-CP dated August 30, 2006, of the Government on product labeling.

2. Each package and container of dangerous goods shall have a hazard symbol affixed to the outside. The size, symbol, and color of the hazard symbol are specified in Section 1 of Appendix III attached to this Decree.

3. A warning sign in the shape of a rectangular orange-yellow rectangle with the UN number (United Nations code number) in the center. The size of the warning sign is specified in Section 2 of Appendix III attached to this Decree. The position of the warning sign is below the hazard symbol.

Article 10. Amending and Supplementing the List of Dangerous Goods, Packaging Specifications, and Container Standards

1. Proposals to amend and supplement the list of dangerous goods specified in Clause 1, Article 5 of this Decree shall be implemented by the ministries mentioned in Clause 2 of this Article and submitted to the Ministry of Transport for consolidation and submission to the Government in accordance with Article 6 of this Decree.

2. Regulations on packaging specifications specified in Article 7 of this Decree; container standards specified in Clause 1, Article 8 and affixing of dangerous goods labels specified in Clause 2, Article 9 of this Decree shall be announced by the following ministries at the latest 180 days after the effective date of this Decree:

a) The Ministry of Agriculture and Rural Development shall establish and supplement regulations on plant protection chemicals.

b) The Ministry of Health shall establish and supplement regulations on toxic chemicals used in the health sector and insecticides, bactericides used in household applications.

c) The Ministry of Industry and Trade shall establish and supplement regulations on petroleum products, natural gas, and hazardous chemicals used in industrial production.

d) The Ministry of Science and Technology shall establish and supplement regulations on radioactive substances.

đ) The Ministry of Natural Resources and Environment shall establish and supplement regulations on remaining hazardous toxic chemicals in types and groups of dangerous goods.

Chapter 4.

DANGEROUS GOODS TRANSPORT PERMITS

Article 11. Conditions for workers when participating in the transportation of dangerous goods

1. The driver of the vehicle transporting dangerous goods must be trained and issued with a Training Certificate for the type of dangerous goods they transport according to the regulations stipulated by the Ministries managing the sectors as provided in Clause 2, Article 10 of this Decree.

2. Warehouse keepers and escorts of dangerous goods must be trained on the type of dangerous goods they escort or store.

3. The Ministries managing the sectors as provided in Clause 2, Article 10 of this Decree shall be responsible for:

a) Specifying the types of dangerous goods that drivers must be trained and issued with a Training Certificate when transporting them;

b) Specifying the types of dangerous goods that must have an escort during transportation;

c) Organizing training and issuing Training Certificates to drivers as specified in point a, Clause 3 of this Article;

d) Organizing training for warehouse keepers and escorts of dangerous goods.

Article 12. Loading and unloading dangerous goods on transportation vehicles and storage areas

1. Organizations and individuals involved in loading and unloading dangerous goods on transportation vehicles and storage areas must strictly follow the instructions on preservation, loading, unloading, and transportation of each type of dangerous goods or as notified by the consignor.

2. Loading and unloading of dangerous goods must be directly guided and supervised by warehouse keepers and escorts.

3. In cases where an escort is not required according to Article 11 of this Decree, the carrier must load and unload goods according to the instructions of the consignor.

Article 13. Requirements for transportation vehicles carrying dangerous goods

1. Transportation vehicles must meet the conditions to participate in traffic.

2. Special equipment of transportation vehicles carrying dangerous goods must comply with standards set by the Ministries managing the sectors as provided in Clause 2, Article 10 of this Decree.

3. Based on the standards set by the Ministries managing the sectors, the traffic inspection agency shall conduct inspections and certify that motor vehicles meet the conditions to transport dangerous goods.

4. Transportation vehicles carrying dangerous goods must affix hazard symbols corresponding to the type or group of goods being transported. If multiple types of goods are loaded onto one vehicle, all hazard symbols of those goods must be affixed to the exterior of the vehicle. The symbols should be placed on both sides and at the rear of the vehicle.

5. After unloading, if a transportation vehicle carrying dangerous goods does not continue to transport such goods, it must be cleaned and all hazard symbols removed.

6. It is strictly prohibited to use vehicles that do not meet technical standards or do not satisfy the conditions for transporting dangerous goods to transport dangerous goods.

Article 14. Regulations on ensuring safety during the transportation of dangerous goods

The owner of the vehicle and the driver, when transporting dangerous goods, in addition to complying with the provisions of the Road Traffic Law and related implementing documents, must also comply with the following regulations:

1. Adhere to the regulations regarding the transportation route, stops, and times recorded in the Permit, as well as the loading capacity of the vehicle.

2. Comply with the requirements of the consignor as notified to the carrier.

3. Follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances prone to spontaneous combustion, liquid or solid explosives through important bridges, tunnels, or other construction sites on roads with high temperatures, welding sparks, or electric arcs.

Article 15. Responsibilities of the consignor

1. Properly package goods according to the size, volume, and material of the packaging and containers in accordance with technical safety regulations for each type of goods.

2. The outer packaging must have product labels and hazardous substance symbols affixed in accordance with Clause 1 and Clause 2 of Article 9 of this Decree.

3. Provide documentation on hazardous goods including:

a) A shipping document clearly stating: name of goods, code number, type of goods, total weight, type of packaging, number of packages, date of production, place of production, name and address of the consignor, consignee;

b) A permit for transporting prohibited hazardous goods issued by the competent authority (if the goods are prohibited from circulation).

4. Notify the transporter in writing about requirements to be followed during transportation, instructions for handling accidents and incidents, including situations where an escort is present.

5. Assign escorts if hazardous goods require mandatory escorting.

6. The management agency specified in Clause 2 of Article 10 of this Decree shall manage the types and groups of hazardous goods and provide guidance on implementing this Article for those specific types and groups of hazardous goods.

Article 16. Responsibilities of the carrier

1. Arrange transportation means suitable to the standards prescribed for the type of hazardous goods to be transported.

2. Inspect goods to ensure safe transportation as stipulated.

3. Comply fully with notifications from the consignor and provisions stated in the Permit for Transporting Hazardous Goods.

4. Only proceed with transportation when all permits, hazard symbols, and warning signs are present.

5. Inform the vehicle operator about the regulations that must be followed during the transportation of hazardous goods as provided in Article 14 of this Decree.

6. The carrier will only accept transportation when the goods have complete and valid procedures and documentation, and are packaged safely for transportation.

Article 17. Responsibilities of the People's Committee at the local level in case of accidents during the transportation of hazardous goods

During the transportation of hazardous goods, if an accident occurs, the People's Committee of the commune has the responsibility to mobilize forces promptly to:

1. Assist the vehicle operator and the escort (if any) in rescuing people, goods, and vehicles.

2. Remove victims from the affected area and organize first aid for them.

3. Organize the protection of goods and vehicles to continue transportation or store them in warehouses, yards, or transfer them according to the instructions of the competent authority.

4. Establish a restricted zone, evacuate residents from the dangerous area, and simultaneously report to the higher-level People's Committee and other relevant agencies to mobilize necessary forces to handle the situation promptly.

Chapter 5.

PERMIT FOR TRANSPORTING HAZARDOUS GOODS

Article 18. Authority to Issue Permits for Transporting Hazardous Goods

1. The Ministry of Public Security issues Permits for Transporting Hazardous Goods of Class 1, Class 2, Class 3, Class 4, and Class 9 as specified in Clause 1 of Article 4 of this Decree.

2. The Ministry of Science and Technology issues Permits for Transporting Hazardous Goods of Class 5, Class 7, and Class 8 as specified in Clause 1 of Article 4 of this Decree.

3. The Ministry of Health issues Permits for Transporting Hazardous Goods for toxic chemicals used in the medical field and insecticides, disinfectants used in household applications.

4. The Ministry of Agriculture and Rural Development issues Permits for Transporting Hazardous Goods for plant protection chemicals.

5. The Ministry of Natural Resources and Environment issues Permits for Transporting Hazardous Goods for remaining toxic chemicals in the types and groups of hazardous goods.

6. Ministries with authority to issue Permits for Transporting Hazardous Goods as specified in Clauses 1, 2, 3, 4, and 5 of this Article shall specify in detail the procedures and formalities for issuing Permits for Transporting Hazardous Goods.

Article 19. Content, Sample of Permit and Validity Period of Dangerous Goods Transport Permit

1. Main contents of the Dangerous Goods Transport Permit:

a) Name of vehicle, license plate number;

b) Name of vehicle owner;

c) Name of vehicle driver;

d) Type, group of dangerous goods, weight of goods;

đ) Departure point, destination;

e) Route, schedule of transport;

g) Validity period of transport.

2. Sample of Dangerous Goods Transport Permit, danger warning signs shall be issued and distributed by competent ministries and agencies.

3. The validity period of the Dangerous Goods Transport Permit shall be granted for each consignment or a certain period but not exceeding 12 months from the date of issuance.

Chapter 6.

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 20. Inspection and Supervision of Dangerous Goods Transport

Ministries with authority to issue Dangerous Goods Transport Permits must organize inspections and supervision of compliance with the provisions of this Decree.

Article 21. Handling Violations.

Organizations and individuals who violate the provisions of this Decree shall be subject to administrative penalties or criminal liability depending on the nature and extent of the violation; if damage is caused, compensation must be made in accordance with the law.

Chapter 7.

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree takes effect from December 31, 2009. The Government's Decree No. 13/2003/NĐ-CP dated February 19, 2003 on the List of Dangerous Goods and Road Transport of Dangerous Goods is hereby repealed.

Article 23. Responsibility for Guidance on Implementation

The Ministers of the Ministries of Public Security, Science and Technology, Transport, Industry and Trade, Health, Agriculture and Rural Development, Natural Resources and Environment shall guide the implementation of this Decree within their respective functions and duties.

Article 24. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.