Decree No. 13/2003/NĐ-CP on the list of dangerous goods and the transportation of dangerous goods by road

DECREE

Specifies the list of dangerous goods and transportation of dangerous goods

dangerous goods by road set

_____________________

THE GOVERNMENT

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

WHEREAS, the Road Traffic Law dated June 29, 2001;

At 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 transportation of dangerous goods, and the authority to issue permits for transporting dangerous goods by road transport vehicles.

2. For the transportation of radioactive materials, it shall be carried out in accordance with Decree No. 50/1998/NĐ-CP dated July 16, 1998, guiding the implementation of the Ordinance on Radiation Safety and Control.

3. For the transportation of industrial explosives, in addition to implementing this Decree, the provisions of Government Decree No. 47/CP dated August 12, 1996, must also be followed.

Article 2. Applicability

1. This Decree applies to all agencies, organizations, individuals within and outside Vietnam that transport dangerous goods on the territory of Vietnam.

In cases where international treaties related to the transportation of dangerous goods by road that the Socialist Republic of Vietnam has signed or acceded to contain different provisions from this Decree, the provisions of such international treaties shall apply.

2. The transportation of various types 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.

Article 3. Cases exempted from the application of the provisions of this Decree are decided by the Prime Minister:

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

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

Article 4. Definitions

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

1. Dangerous substances are those substances or compounds in gas, liquid, or solid form that have the potential to cause harm to human life, health, the environment, national safety, and security.

2. Dangerous goods are goods containing hazardous substances when transported on roads that have the potential to cause harm to human life, health, the environment, national safety, and security.

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

4. The consignee is an agency, organization, or individual named as the recipient of dangerous goods.

5. The carrier is an agency, organization, or individual responsible for transporting dangerous goods.

6. Clearance decision is the act of the customs authority deciding that goods may be exported or imported, and means of transport may exit or enter the country.

Chapter 2.

DANGEROUS GOODS

Article 5. Classification of dangerous goods

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

Category 1:

Subcategory 1.1: Explosive substances.

Subcategory 1.2: Industrial explosive substances and articles.

Category 2:

Subgroup 2.1: Flammable gases.

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

Subcategory 2.3: Toxic gases.

Category 3: Flammable liquids and flammable liquid desensitized explosives.

Category 4:

Subcategory 4.1: Flammable solids, self-reactive substances, and desensitized explosives.

Subcategory 4.2: Substances liable to spontaneous combustion.

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

Category 5:

Subcategory 5.1: Oxidizing substances.

Subcategory 5.2: Organic peroxides.

Category 6:

Subcategory 6.1: Toxic substances.

Subcategory 6.2: Infectious substances.

Category 7: Radioactive materials.

Category 8: Corrosive substances.

Category 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 6. List of dangerous goods

1. The list of dangerous goods is classified by category and subcategory, accompanied by United Nations numbers and danger signs as specified in Appendix 1.

2. The Ministry of Industry shall specify the list of goods in subcategory 1.2 of category 1 (industrial explosive substances and articles).

3. The Ministry of Science and Technology shall specify the list of goods in category 7 (radioactive materials).

4. The danger of each substance in the goods is indicated by a danger number consisting of a group of 2 to 3 digits as specified in Appendix 2.

Article 7. Packaging of Hazardous Goods for Transport

1. Hazardous goods that must be packaged during transport shall be packaged at the place of production or distribution. The Ministries and sectors specified in Articles 6 and 10 of this Decree shall be responsible for announcing the list of hazardous goods that must be packaged during transport.

2. Packaging of hazardous goods within the territory of Vietnam must comply with Vietnamese standards (TCVN). For types or groups of goods without TCVN, the managing ministries shall provide supplementary regulations.

Article 8. Containers and Packages for Hazardous Goods

1. The managing ministry of the goods sector shall specify the types of materials to be used for packaging and containers for transporting hazardous goods; technical standards for use and inspection standards corresponding to each type of substance and group of hazardous goods.

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

Article 9. Labels, Hazard Markings, and Warning Signs

1. Labeling of hazardous goods shall be carried out according to the provisions in the regulation on labeling of domestic circulating goods and imported/exported goods issued together with Decision No. 178/1999/QD-TTg dated August 30, 1999 of the Government Prime Minister.

2. Each package of hazardous goods shall have a hazard marking affixed to its exterior. The size, symbol, and color of the hazard marking are specified in Item 1 of Appendix 3.

3. Means of transport and containers carrying hazardous goods:

a) Shall have the hazard marking of the type or group of goods being transported affixed. If multiple types of goods are loaded onto one means of transport or container, then all hazard markings of those types of goods shall also be affixed to the exterior of the means of transport or container. The location for affixing the hazard marking is on both sides and the rear of the means of transport or container.

b) Shall display a warning sign in the shape of a rectangular orange-yellow rectangle with the UN number (United Nations code) in the center. The size of the warning sign is specified in Item 2 of Appendix 3. The location for affixing the warning sign is below the hazard marking.

Article 10. Proposals to supplement the list of hazardous goods under Clause 1 of Article 6; packaging specifications under Article 7; packaging and container standards under Clause 1 of Article 8; and affixing hazard markings under Clause 2 of Article 9 shall be announced by the following ministries not later than 180 days from the date this Decree takes effect:

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

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

3. The Ministry of Trade shall establish and supplement regulations on petroleum products and natural gas.

4. The Ministry of Industry shall establish and supplement regulations on dangerous chemicals used in industrial production.

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

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

Article 11. Ministers of the respective ministries shall report to the Government Prime Minister for decisions on supplementing and amending the list of hazardous goods requiring transport.

Chapter 3.

DANGEROUS GOODS TRANSPORT PERMITS

Article 12. Conditions for workers' knowledge when participating in the transportation of dangerous goods:

1. Warehouse keepers, drivers of transport vehicles, and escorts transporting dangerous goods must necessarily undergo training and obtain a training certificate regarding the type of dangerous goods they store or transport.

2. Responsibilities for training and issuing certificates:

a) Training organizations and issuing training certificates for drivers of dangerous goods transport vehicles shall be the responsibility of the Ministries managing the relevant industries.

b) Training organizations for warehouse keepers and escorts of dangerous goods shall be the responsibility of the Ministries managing the relevant industries.

Article 13. Loading, unloading, and arranging dangerous goods on transport vehicles and storage facilities:

1. Organizations and individuals must strictly follow the instructions in regulations concerning the storage, loading/unloading, and transportation of each type of dangerous goods or in notifications from the consignor.

2. The loading and unloading of dangerous goods on transport vehicles must be directly guided and supervised by warehouse keepers, vehicle drivers, or escorts.

Article 14. Technical requirements for transport vehicles carrying dangerous goods:

1. Transport vehicles must meet the conditions for traffic participation and environmental protection.

2. Vehicles equipped with specialized equipment for transporting dangerous goods must comply with standards set by the relevant Ministries.

3. Based on the standards prescribed by the relevant Ministries, the vehicle inspection agency shall conduct inspections and certify that motor vehicles meet the conditions for transporting dangerous goods.

4. It is strictly prohibited to use vehicles that do not meet technical standards or do not have the necessary conditions for transporting dangerous goods to transport such goods.

5. After unloading, transport vehicles and containers used for transporting dangerous goods, if they will not continue to transport that type of goods, must be cleaned and all hazardous labels removed.

Article 15. Drivers of vehicles transporting dangerous goods, in addition to meeting the conditions for driving vehicles on the road as stipulated, must also hold a training certificate for transporting dangerous goods.

Article 16. Safety Regulations for Transporting Dangerous Goods:

Vehicle owners and drivers must comply with the following regulations when transporting dangerous goods:

1. Transporters must adhere to the regulations regarding the transport route, stops along the way, time of transport execution, and load capacity as recorded in the permit.

2. Comply with the requirements of the consignor as stated in the notification sent to the carrier.

3. When transporting flammable substances, substances prone to spontaneous combustion, explosive liquids, or sensitive explosives through important bridges, tunnels, or construction sites on roads where there is high temperature, welding sparks, or electric arcs, drivers must follow the guidance of the direct management unit or construction unit.

Article 17. Responsibilities of the Consignor:

1. Properly package the goods according to their size, weight, and material of the packaging as required by the safety technical regulations for each type of goods.

2. The outer packaging must bear the product label as specified in Clause 1 and affix the hazardous symbol as provided for in Clause 2 of Article 9 of this Decree.

3. Have valid documentation regarding the dangerous goods including:

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

b) For types of dangerous goods prohibited from circulation, permission to transport must be obtained from the relevant Ministries.

4. Provide a notice to the carrier about the requirements to be followed during transportation, guidance on handling accidents or incidents, including when an escort is present.

5. If an escort is mandatory, an escort must be assigned.

6. The Ministry managing the type or group of dangerous goods shall guide the implementation of this provision applicable to that type or group of dangerous goods.

Article 18. Responsibilities of the Carrier

1. Arrange transportation means in accordance with the standards specified for the type of dangerous goods to be transported.

2. Inspect goods to ensure safe transportation as prescribed.

3. Comply fully with notifications from the consignor and regulations stipulated in the dangerous goods transportation permit.

4. Only proceed with transportation when all permits, markings, and danger signals are in place.

5. Inform the vehicle operator about the regulations that must be followed during the transportation of dangerous goods as provided for in Article 16 of this Decree.

6. The carrier shall only accept transportation when the goods have complete and valid procedures and packaging ensuring safety during transportation.

Article 19. Responsibilities of the People's Committee at the local level in case of accidents during transportation of dangerous goods

During the transportation of dangerous goods, if an accident occurs, the nearest People's Committee shall promptly mobilize forces to:

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

2. Remove victims from the accident area and organize emergency medical care for them.

3. Organize the protection of goods and vehicles to continue transportation or store them in warehouses or transfer them.

4. Establish a restricted zone, evacuate residents from contaminated or hazardous areas, and report to higher-level People's Committees to mobilize firefighting, chemical response, epidemic prevention, and environmental protection teams to handle the situation promptly.

Chapter 4.

DANGEROUS GOODS TRANSPORTATION PERMIT

Article 20. Authority to Issue Dangerous Goods Transportation Permits

1. The Ministry of Public Security issues transportation permits for dangerous goods types 1, 2, 3, 4, and 9 as defined in Clause 1, Article 5 of this Decree.

2. The Ministry of Science and Technology issues transportation permits for dangerous goods types 5, 7, and 8 as defined in Clause 1, Article 5 of this Decree.

3. The Ministry of Health issues transportation permits for dangerous goods type 6 as defined in Clause 1, Article 5 of this Decree.

4. Ministries with authority to issue dangerous goods transportation permits as stipulated in Clauses 1, 2, and 3 of this Article shall specify detailed procedures and formalities for issuing dangerous goods transportation permits.

Article 21. Content, Format, and Validity Period of Dangerous Goods Transportation Permit

1. Main contents of the dangerous goods transportation permit:

a) Name of the vehicle, license plate number;

b) Name of the vehicle owner;

c) Name of the driver;

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

đ) Place of departure, destination;

e) Route, schedule of transportation;

g) Validity period of transportation.

2. The format of the dangerous goods transportation permit and danger signal shall be managed and issued by the ministries with authority to issue permits.

3. The validity period of the dangerous goods transportation permit may be issued for each shipment or a specific period but not exceeding 12 months.

Chapter 5.

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 22. Inspection and Supervision of Dangerous Goods Transportation

1. Ministries with authority to issue dangerous goods transportation permits must organize inspections and supervision of compliance with the provisions of this Decree.

2. Road traffic inspectors and road traffic police shall conduct checks and controls on the operators and vehicles transporting dangerous goods if there are signs of violations according to the law.

Article 23. Any person who violates the provisions of this Decree shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be made according to the law.

Chapter 6.

IMPLEMENTING PROVISIONS

Article 24. This Decree takes effect fifteen days after its publication in the Official Gazette. Previous provisions contrary to this Decree are abolished.

Article 25. Ministers of the Ministries of Public Security, Science and Technology, Transport, Industry, Health, Agriculture and Rural Development, Trade, Natural Resources and Environment within their respective functions and duties shall guide the implementation of this Decree.

Article 26. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees under the central government shall be responsible for enforcing this Decree.