Decree No. 161/2024/NĐ-CP stipulates the List of Dangerous Goods, transportation of dangerous goods, and procedures for issuing permits and certificates of completion of training programs for drivers or escorts. It applies to organizations and individuals, both domestic and foreign, involved in the transportation of dangerous goods by motor vehicles on Vietnamese territory.
적용 범위
Organizations and individuals, both domestic and foreign, involved in the transportation of dangerous goods by motor vehicles on Vietnamese territory.
핵심 사항
- The transporter or the person hiring transport must organize safety training for dangerous goods for drivers or escorts, with a minimum of 16 hours for each type and group of dangerous goods.
- Vehicles transporting dangerous goods must comply with national standards on technical safety and environmental protection.
- The transporter must affix danger signs on the vehicle after unloading all dangerous goods if they do not continue to transport that type of goods.
- The authority issuing the Dangerous Goods Transport Permit has a maximum validity period of 24 months, depending on the type and group of dangerous goods.
- The person hiring transport must prepare 04 sets of dangerous goods transport documents to send to the transporter, the handler, the driver, and retain one set.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing risks of accidents due to the transportation of dangerous goods, protecting the environment.
- Negative impact: Increasing administrative costs and employee training expenses for businesses.
❓ 자주 묻는 질문
How should the person hiring transport organize safety training for dangerous goods?
The transporter or the person hiring transport must organize safety training for dangerous goods for drivers or escorts, with a minimum of 16 hours for each type and group of dangerous goods.
What is the validity period of the Dangerous Goods Transport Permit?
The validity period of the Dangerous Goods Transport Permit is proposed by the transporter but shall not exceed 24 months and shall not exceed the service life of the vehicle.
How many sets of documents must the person hiring transport prepare when transporting dangerous goods?
The person hiring transport must prepare 04 sets of dangerous goods transport documents: 1 set sent to the transporter, 1 set sent to the handler, 1 set sent to the driver, and 1 set retained.
Which types of goods are exempt from obtaining a Dangerous Goods Transport Permit?
Dangerous goods such as liquefied natural gas (LNG) and compressed natural gas (CNG) with a total weight less than 1,080 kilograms; liquefied petroleum gas (LPG) with a total weight less than 2,250 kilograms; liquid fuels with a total volume less than 1,500 liters; plant protection chemicals with a total weight less than 1,000 kilograms.
Which agency issues the Dangerous Goods Transport Permit?
The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Industry and Trade are the authorities with the power to issue Dangerous Goods Transport Permits according to the type and group of goods.
전문
DECREE
Regulations on the List of Dangerous Goods, Transport of Dangerous Goods and Procedures for Issuing Permits and Certificates of Completion of Training Programs for Drivers or Escorts Transporting Dangerous Goods on RoadwaysRoad Traffic Safety
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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law June 27, 2024;Pursuant to the Chemicals Law dated November 21, 2007; the Law Amending and Supplementing Certain Provisions of 11 Related Laws on Planning
Pursuant to the Road Law dated June 27, 2024;
Pursuant to the Atomic Energy Law dated June 3, 2008;
June 2018; July 1915The Government issues this Decree regulating the List of Dangerous Goods, transport of dangerous goods, procedures for issuing permits for transporting dangerous goods by road motor vehicles, and certificates of completion of training programs for drivers or escorts transporting dangerous goods by road motor vehicles.
Pursuant to the Environmental Protection Law dated November 17, 2020;
At the proposal of the Minister of Transport;
Article 1. This Decree stipulates the List of Dangerous Goods, transportation of dangerous goods, issuance of permits for transporting dangerous goods by road motor vehicles, and certificates of completion of training programs for drivers or escorts transporting dangerous goods by road motor vehicles.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 2. For the transportation of radioactive materials, it shall be carried out in accordance with the laws on atomic energy transportation.
Article 3. For the transportation of weapons, explosives, support tools, explosive precursors, and fireworks, it shall be carried out in accordance with the laws on weapons, explosives, support tools, explosive precursors, and fireworks.
Article 4. For dangerous goods that are hazardous waste, it shall be carried out in accordance with the laws on environmental protection.
Article 5. In cases where there are different provisions between this Decree and the laws on atomic energy transportation, weapons, explosives, support tools, explosive precursors, fireworks, environmental protection, and fire prevention and extinguishing, the provisions of the laws on atomic energy transportation, weapons, explosives, support tools, explosive precursors, fireworks, environmental protection, and fire prevention and extinguishing shall apply.
Article 6. For the transportation of dangerous goods by road across borders within the framework of Agreements and Protocols implementing the Agreement on Road Transport and Appendices to the Protocol, training certificates for the transportation of dangerous goods by road issued by competent authorities of other contracting parties shall be accepted for use when transporting within the territory of the Socialist Republic of Vietnam.
This Decree applies to organizations and individuals, both domestic and foreign, involved in the transportation of dangerous goods by road motor vehicles within the territory of the Socialist Republic of Vietnam.
Article 2. Applicability
Article 1. A transporter is an organization or individual using road motor vehicles under their lawful control to transport dangerous goods.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
Article 2. A charterer is an organization or individual who contracts with a transporter for the carriage of dangerous goods on roads.
Article 3. A handler of dangerous goods is an organization or individual responsible for loading and unloading dangerous goods onto road motor vehicles or at warehouses or storage areas for dangerous goods.
Article 4. An escort is an individual employed by the charterer (or consignor) to accompany dangerous goods throughout the transportation process.
CLASSIFICATION, LIST, PACKAGING, LABELING
Chapter II
AND TRAINING ON SAFE HANDLING OF DANGEROUS GOODS AND TRAINING ON THE SAFE TRANSPORT OF DANGEROUS GOODS
Article 4. Classification of Dangerous Goods
1. Depending on their chemical and physical properties, dangerous goods are classified into nine types and subtypes as follows:
a) Type 1. Explosives and articles extremely susceptible to detonation;
Subtype 1.1: Substances and articles with a mass explosion hazard.
Subtype 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard.
Subtype 1.3: Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.
Subtype 1.4: Substances and articles which have a minor explosion hazard.
Subtype 1.5: Very insensitive substances which have a mass explosion hazard.
Subtype 1.6: Extremely insensitive articles which do not have a mass explosion hazard.
b) Type 2. Gases;
Subtype 2.1: Flammable gases.
Subtype 2.2: Non-flammable, non-toxic gases.
Subtype 2.3: Toxic gases.
c) Type 3. Flammable liquids and desensitized liquid explosives;
d) Type 4;
Subtype 4.1: Flammable solids, self-reactive substances and desensitized solid explosives.
Subtype 4.2: Substances liable to spontaneous combustion.
Subtype 4.3: Substances which, in contact with water, emit flammable gases.
e) Type 5;
Subtype 5.1: Oxidizing substances.
Subtype 5.2: Organic peroxides.
f) Type 6;
Subtype 6.1: Toxic substances.
Subtype 6.2: Infectious substances.
g) Type 7: Radioactive materials;
h) Type 8: Corrosive substances;
i) Type 9: Miscellaneous dangerous substances and articles.
2. Packages and containers for dangerous goods that have not been cleaned inside and out after unloading 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 subtype along with the United Nations number and danger symbol specified in Appendix I attached to this Decree.
2. The degree of danger of each substance in the list of dangerous goods is indicated by the danger number with a group having two to three digits specified in Appendix II attached to this Decree.
Article 6. Packaging, Containers, and Packing of Dangerous Goods
1. Packaging, containers, and packing of dangerous goods within the territory of Vietnam must comply with national technical regulations (QCVN) or national standards (TCVN) or relevant specialized laws corresponding to the type of goods. Packaging, containers, and packing for imported dangerous goods shall be carried out according to the recommendations and requirements of the manufacturer.
2. In cases where there are no national standards, national technical regulations, or relevant specialized laws or international standards published by the Ministry managing the list of dangerous goods, the following minimum requirements must be met:
a) The quality of packaging and containers must withstand impacts and vibrations during transportation, transfer between means of transport, and loading/unloading into warehouses.
b) Packaging and containers must ensure that dangerous substances do not leak during transportation or when subjected to influences such as vibration, temperature changes, humidity, and pressure.
c) The outer surface of packaging and containers must be clean and free from any hazardous chemicals.
d) Parts of packaging and containers that come into contact with dangerous substances must meet the requirement of not being affected or deteriorating due to the influence of the substances inside; they must not affect the composition, characteristics, and effects of dangerous goods.
e) Packaging and containers for liquid dangerous goods must ensure that they do not leak or deform due to volume expansion of the liquids when temperatures change; they must have sufficient strength to withstand internal pressure generated during transportation; they must be tested for leaks before leaving the factory.
f) Inner packaging and containers that are prone to breakage or puncture, such as glass, porcelain, or certain types of plastic, must be securely packed with outer packaging and containers using appropriate cushioning materials.
g) Packaging and containers for volatile substances must ensure that the substances do not evaporate during transportation according to the manufacturer's requirements.
h) Packaging and containers for dangerous goods in granular or powdered form must ensure that they do not spill during loading/unloading and transportation.
Article 7. Hazard labels, hazard symbols, and hazard warnings
1. The marking of hazardous goods shall be carried out in accordance with the provisions of the Chemicals Law and the regulations on product labeling.
2. On the outside of each package or container of hazardous goods, there shall be affixed a hazard symbol and a hazard warning at a position easily visible. The size, symbols, and colors of the hazard symbol shall conform to the model specified in Appendix III attached hereto.
3. The hazard warning shall be rectangular in shape, with dimensions and colors according to the model specified in Appendix III attached hereto. The hazard warning shall be affixed below the hazard symbol.
Article 8. Training on the safe transport of hazardous goods
1. Organization of training on the safe transport of hazardous goods
a) The person hiring transportation or the transporter shall organize training on the safe transport of hazardous goods or send individuals specified in Clause 2 of this Article to participate in such training once every two years;
b) Training on the safe transport of hazardous goods may be conducted separately or combined with other safety training activities;
c) Individuals who have completed training on the safe transport of hazardous goods must undergo retraining under the following circumstances: when there is a change in the type of hazardous goods during transportation; when the trained individual changes their job position; after two consecutive inspections where the trained individual does not meet the requirements.
2. Individuals required to undergo training on the safe transport of hazardous goods include: drivers or escorts.
3. Content of training on the safe transport of hazardous goods
a) Training materials shall be prepared by the person hiring transportation or the transporter, and the content of these materials shall be compiled according to the types and groups of types specified in Article 4 of this Decree;
b) The content of the training materials includes: name of hazardous goods, characteristics, types, degree of danger of the goods, classification and labeling; risks causing safety hazards during storage, loading/unloading, transportation of hazardous goods; procedures for storing, loading/unloading, transporting suitable for the job position; regulations on the safe transport of hazardous goods; emergency response procedures: using rescue equipment to handle fire, explosion, leakage, dispersion of dangerous substances, first aid for victims in emergencies, using, storing, inspecting safety equipment, personal protective equipment for emergency response, communication procedures to report emergencies, coordinating with competent authorities to mobilize resources to respond to and mitigate emergencies, prevent and limit the spread of pollution to the environment, collecting spilled hazardous substances, restoring the environment after emergencies.
4. Trainers of training on the safe transport of hazardous goods must have a bachelor's degree or higher and at least five years of work experience in chemical management units, chemical safety, research, education, production, transportation of chemicals or hazardous goods.
5. Duration of training on the safe transport of hazardous goods: a minimum of sixteen hours for each type and group of hazardous goods, including examination time.
6. Evaluation of results and retention of training records on the safe transport of hazardous goods
a) The entity organizing training on the safe transport of hazardous goods shall be responsible for conducting examinations to evaluate the results of such training;
b) Examination content: the examination content must be consistent with the training content. The maximum examination time is two hours. A passing score requires an average grade or higher;
c) Within seven working days from the end of the training and examination of the training results on the safe transport of hazardous goods, the organization or individual organizing the training and examination shall issue a decision recognizing the examination results and issue a certificate of completion of the training program on the safe transport of hazardous goods. The certificate of completion of the training program on the safe transport of hazardous goods shall conform to the model specified in Appendix VI attached hereto.
7. Training records on the safe transport of hazardous goods include: content of training materials; duration of training; list of trainees with information: full name, date of birth, position, job position, signature confirming participation in training; information about the trainer including: full name, date of birth, educational level, major trained, work experience, accompanied by supporting documents; content and results of the training examination on the safe transport of hazardous goods; decision recognizing the examination results of the training on the safe transport of hazardous goods issued by the entity implementing the training.
8. The entity implementing the training shall be responsible for retaining all records specified in Clause 7 of this Article for three years and presenting them upon request by the competent state management agency.
9. Entities implementing training on the safe transport of hazardous goods include: the person hiring transportation or the transporter.
Chapter III
TRANSPORT OF HAZARDOUS GOODSBY MEANS OF MOTOR VEHICLES ON ROADS
Article 9. Conditions for vehicles transporting dangerous goods
1. Vehicles must meet the conditions to participate in traffic as prescribed by law. Special equipment of vehicles transporting dangerous goods must comply with national standards or national technical regulations or as stipulated by the specialized management agency.
2. Vehicles transporting dangerous goods must comply with the provisions of Clause 3, Article 51 of the Road Traffic Safety Law. If there are different types of dangerous goods on the same vehicle, the vehicle must affix sufficient labels for each type of goods. The position of the labels on both sides, front, and rear of the vehicle must be easily observable and recognizable.
3. After unloading all dangerous goods from the vehicle and if it does not continue to transport such goods, the carrier and driver must have the responsibility to clean the vehicle and remove or erase the dangerous goods labels on the vehicle.
Article 10. Loading and unloading dangerous goods onto vehicles and storage at warehouses
1. Organizations and individuals loading and unloading dangerous goods onto transportation vehicles and storing them at warehouses and yards must strictly follow the instructions regarding preservation, loading, unloading, and transportation of each type of dangerous goods or as notified by the cargo owner.
2. Loading and unloading of dangerous goods must be directly guided and supervised by the cargo owner or escort. Different types of goods that can interact and increase the level of danger must not be loaded together in the same vehicle. For types and groups of dangerous goods that must be stored separately, loading and unloading must be carried out in separate warehouse or yard areas.
3. In cases where dangerous goods are transported without an escort, the carrier must load and unload the goods according to the instructions of the cargo owner.
4. After removing all dangerous goods from the warehouse or yard, the storage area must be cleaned to prevent any impact on other goods.
Article 11. Transporting flammable and explosive dangerous goods through tunnels and ferries
1. It is prohibited to transport explosives, gas, gasoline, diesel, and other flammable and explosive substances, including desensitized solid materials, through tunnels longer than 100 meters.
2. On the same ferry trip, passengers or traffic participants (except drivers transporting dangerous goods, escorts, and ferry service personnel) must not be transported simultaneously with vehicles (which have been permitted to transport dangerous goods) carrying explosives, gas, gasoline, diesel, and other flammable and explosive substances.
Article 12. Transporting dangerous goods in special casesTransporting dangerous goods under special circumstances shall be regulated by measures decided by the Prime Minister in the following situations:
1. Goods required for urgent epidemic prevention, disaster relief, and enemy threats.
2. Goods in transit from countries and international organizations that have not signed international treaties related to Vietnam.
PERMIT FOR TRANSPORTING DANGEROUS GOODS
Chapter IV
Article 13. Content, format, and validity period of the Permit for transporting dangerous goods
1. Contents of the Permit for transporting dangerous goods
a) Name, address, contact phone number of the entity granted the permit; name and title of the legal representative;
b) Type and category of dangerous goods;
c) Route and schedule of transportation (applicable for permits issued per trip);
d) Validity period of the permit.
For permits issued per trip, the carrier of dangerous goods must provide additional information about the vehicle and the driver, and escort (applicable for cases requiring an escort during transportation of dangerous goods).
2. Format of the Permit for transporting dangerous goods as per Appendix VII or Appendix VIII attached to this Decree.
3. The Permit for transporting dangerous goods is valid nationwide. The validity period of the permit is based on the applicant's request but shall not exceed 24 months and shall not exceed the service life of the vehicle.
3. The dangerous goods transport permit is valid nationwide. The duration of the permit shall be as requested by the transporter but shall not exceed 24 months and shall not exceed the service life of the vehicle.
1. The Ministry of Public Security shall issue permits for the transportation of dangerous goods categories 1, 2, 3, 4, and 9 as stipulated in Clause 1, Article 4 of this Decree (excluding plant protection chemicals and as provided for in Clause 2 of this Article).
2. The Ministry of National Defense shall issue permits for the transportation of dangerous goods for:
a) Organizations and enterprises under the management of the Ministry of National Defense;
b) Transporters hired by organizations and enterprises under the management of the Ministry of National Defense to transport dangerous goods.
3. The Ministry of Industry and Trade shall issue permits for the transportation of dangerous goods categories 5 and 8 as stipulated in Clause 1, Article 4 of this Decree.
4. Provincial People's Committees and People's Committees of centrally governed cities shall issue permits for the transportation of dangerous goods that are plant protection chemicals for organizations and individuals whose main offices or branches are located within their administrative areas.
5. The issuing authority for permits for the transportation of dangerous goods shall base its decision on the type and group of dangerous goods as stipulated in Clause 1, Article 4 of this Decree and the organization and individual's plan for transporting dangerous goods to determine the route and time of transportation.
6. The issuance of permits for the transportation of dangerous goods category 7 shall be carried out according to the provisions of the Decree on conducting radiation work and related support services for nuclear energy applications.
7. The issuing authority for permits for the transportation of dangerous goods shall refuse to issue permits for the transportation of flammable and explosive dangerous goods that pass through tunnels and ferries as stipulated in Article 11 of this Decree.
8. When transporting dangerous goods, organizations and individuals must ensure fire prevention and firefighting safety conditions during transportation as prescribed by laws on fire prevention and firefighting; if they fall into one of the following cases, they are exempt from obtaining a permit for the transportation of dangerous goods as stipulated in this Decree:
a) Transporting liquefied natural gas (LNG) and compressed natural gas (CNG) with a total weight less than 1,080 kilograms;
b) Transporting liquefied petroleum gas (LPG) with a total weight less than 2,250 kilograms;
c) Transporting liquid fuel with a total volume less than 1,500 liters;
d) Transporting plant protection chemicals with a total weight less than 1,000 kilograms;
đ) Transporting other hazardous toxic chemicals in dangerous goods categories 6.
Article 15. Documents for Application and Reissue of Permits for the Transportation of Dangerous Goods
1. Documents for application for permits for the transportation of dangerous goods categories 5 and 8 include:
a) An application form for a permit for the transportation of dangerous goods according to the model prescribed in Appendix IV attached to this Decree;
b) A copy or electronic copy or original list of vehicles participating in the transportation ensuring that they are still within the inspection period as prescribed;
c) A copy or electronic copy or original list of drivers transporting dangerous goods (including: full name; personal identification number; driver's license number and class) and escort personnel lists when required (including: full name, personal identification number);
d) A copy or electronic copy or original transportation plan for dangerous goods of the transportation unit according to the model prescribed in Appendix V attached to this Decree (which includes at least the following contents: vehicle registration number; driver's full name; type of goods; quantity; route, transportation time; emergency response measures for chemical accidents during dangerous goods transportation);
đ) A copy or electronic copy of the certificate of completion of the dangerous goods safety training program for drivers or escorts.
2. Documents for permits for the transportation of dangerous goods categories 1, 2, 3, 4, and 9 include:
a) An application form for a permit for the transportation of dangerous goods according to the model prescribed in Appendix IV attached to this Decree;
b) A copy or electronic copy or original list of vehicles participating in the transportation ensuring that they are still within the inspection period as prescribed;
c) A copy or electronic copy or original list of drivers transporting dangerous goods (including: full name; personal identification number; driver's license number and class) and escort personnel lists when required (including: full name, personal identification number);
d) A copy or electronic copy or original transportation plan for dangerous goods of the transportation unit according to the model prescribed in Appendix V attached to this Decree (which includes at least the following contents: vehicle registration number; driver's full name; type of goods; quantity; route, transportation time; emergency response measures for fires and explosions);
đ) A copy or electronic copy of the certificate of completion of the dangerous goods safety training program for drivers or escorts.
3. Documents for permits for the transportation of dangerous goods that are plant protection chemicals include:
a) An application form for a permit for the transportation of dangerous goods according to the model prescribed in Appendix IV attached to this Decree;
b) A copy or electronic copy or original list of vehicles participating in the transportation ensuring that they are still within the inspection period as prescribed;
c) A copy or electronic copy or original list of drivers transporting dangerous goods (including: full name; personal identification number; driver's license number and class) and escort personnel lists when required (including: full name, personal identification number);
d) A copy or electronic copy or original of one of the following documents: supply contract; financial invoice for the import and export of plant protection chemicals;
đ) A copy or electronic copy or original transportation plan for dangerous goods of the transportation unit according to the model prescribed in Appendix V attached to this Decree (which includes at least the following contents: vehicle registration number; driver's full name; type of goods; quantity; route, transportation time);
e) A copy or electronic copy of the certificate of completion of the dangerous goods safety training program for drivers or escorts.
4. Documents for requesting changes to information on the permit when there are changes related to the content of the permit include:
a) An application form for changing information on the dangerous goods transportation permit according to the model prescribed in Appendix IVa attached to this Decree;
b) Documents proving changes to information related to the permit;
c) The issued dangerous goods transportation permit requiring information changes.
5. Documents for reissuing a permit due to loss or damage include: an application form for reissuing a dangerous goods transportation permit according to the model in Appendix IVb attached to this Decree. The validity period of the reissued permit will be the same as that of the lost or damaged permit.
Article 16. Procedures and formalities for issuing and reissuing Dangerous Goods Transport Permits
1. Formalities for Issuing Dangerous Goods Transport Permits
a) The dangerous goods carrier submits one set of application documents for a Dangerous Goods Transport Permit in accordance with Clause 1, Clause 2, and Clause 3 of Article 15 of this Decree to the authority issuing the Dangerous Goods Transport Permit.
In case of direct submission: the administrative procedure handling agency checks the completeness of the documents; if the documents are incomplete or incorrect, it guides the completion of the documents in accordance with regulations.
In case of submission through postal services or online public service systems: within no more than one working day from the date of receipt of the documents, the administrative procedure handling agency examines the completeness of the documents; if the documents are incomplete according to regulations, the administrative procedure handling agency notifies in writing or through the online public service system for organizations or individuals to supplement, while guiding the completion of the documents in accordance with regulations.
Specifically, for the issuance of Dangerous Goods Transport Permits for type 7, it shall be carried out in accordance with the regulations on conducting radiation work and supporting activities for nuclear energy applications.
b) Within five working days from the date of receiving complete documents in accordance with regulations, the issuing authority reviews the documents and issues a Dangerous Goods Transport Permit in the form attached at Appendix VII or Appendix VIII to this Decree; if the permit is not issued, the issuing authority must respond in writing or notify through the online public service system and clearly state the reasons.
2. Formalities for Amending Information on Dangerous Goods Transport Permits when there are changes related to the contents of the Permit
a) The dangerous goods carrier submits one set of application documents for amending information on the Dangerous Goods Transport Permit in accordance with Clause 4 of Article 15 of this Decree to the issuing authority.
In case of direct submission: the administrative procedure handling agency checks the completeness of the documents; if the documents are incomplete or incorrect, it guides the completion of the documents in accordance with regulations.
In case of submission through postal services or online public service systems: within no more than one working day from the date of receipt of the documents, the administrative procedure handling agency examines the completeness of the documents; if the documents are incomplete according to regulations, the administrative procedure handling agency notifies in writing or through the online public service system for organizations or individuals to supplement, while guiding the completion of the documents in accordance with regulations.
b) Within three working days from the date of receiving complete documents in accordance with regulations, the issuing authority reviews the documents and issues the amended Dangerous Goods Transport Permit in the form attached at Appendix VII or Appendix VIII to this Decree; if the amendment is not agreed upon, the issuing authority must respond in writing or notify through the online public service system and clearly state the reasons.
3. Formalities for Reissuing Dangerous Goods Transport Permits due to Loss or Damage
a) The dangerous goods carrier submits one set of application documents for a Dangerous Goods Transport Permit in accordance with Clause 5 of Article 15 of this Decree to the issuing authority.
In case of direct submission: the administrative procedure handling agency checks the completeness of the documents; if the documents are incomplete or incorrect, it guides the completion of the documents in accordance with regulations.
In case of submission through postal services or online public service systems: within no more than one working day from the date of receipt of the documents, the administrative procedure handling agency examines the completeness of the documents; if the documents are incomplete according to regulations, the administrative procedure handling agency notifies in writing or through the online public service system for organizations or individuals to supplement, while guiding the completion of the documents in accordance with regulations;
b) Within two working days from the date of receiving complete documents in accordance with regulations, the issuing authority reviews the documents and reissues the Dangerous Goods Transport Permit; if the permit is not issued, the issuing authority must respond in writing or notify through the online public service system and clearly state the reasons.
4. The issuing authority must comply with the provisions of Clause 5 of Article 51 of the Road Traffic Safety Law, and simultaneously announce the content of the Dangerous Goods Transport Permit on the website or electronic information page of the authority.
Article 17. Revocation of Dangerous Goods Transport Permit
1. The transporter shall have their Dangerous Goods Transport Permit revoked in any of the following cases:
a) Providing a copy that does not match the original or providing false information in the application dossier for the Dangerous Goods Transport Permit;
b) Conducting dangerous goods transport activities that do not conform to the application dossier or the Dangerous Goods Transport Permit already issued;
c) Ceasing operations in accordance with the provisions of the law;
d) Using a dangerous goods transporter who has not been trained in dangerous goods safety as required.
2. The authority issuing the Dangerous Goods Transport Permit shall revoke the permit issued by itself and follow the procedures below:
a) Issuing a decision to revoke the permit and sending it to the transporter;
b) When the authority issuing the permit issues a decision to revoke the permit, within ten days from the date of issuance, the transporter must return the permit to the issuing authority and immediately cease dangerous goods transport activities according to the revocation decision upon its effective date.
In case the transporter violates the provisions of point a, point b, and point d of Clause 1 of this Article leading to the revocation of the permit and returns the permit within the prescribed time limit, the issuing authority will not reissue the permit for thirty days from the effective date of the revocation decision.
In case the transporter violates the provisions of point a, point b, and point d of Clause 1 of this Article leading to the revocation of the permit and fails to return the permit within the prescribed time limit, the issuing authority will not reissue the permit for sixty days from the effective date of the revocation decision.
After thirty days from the effective date of the revocation decision for cases where the permit was returned within the prescribed time limit, or sixty days from the effective date of the revocation decision for cases where the permit was not returned within the prescribed time limit, if there is a need to continue participating in transport activities, the transporter must go through the initial issuance procedures to obtain the permit as stipulated in Article 15 of this Decree.
c) Announce on mass media and on the portal or website of the authority regarding the revocation of the issued permit.
Chapter V
IMPLEMENTATION
Article 18. Ministry of Transport
1. To take the lead in compiling opinions of relevant ministries and sectors on amending and supplementing the list of dangerous goods to be submitted to the Government for promulgation.
2. To issue national technical standards on technical safety and environmental protection for road motor vehicles carrying dangerous goods and fixed equipment (non-detachable) installed on dangerous goods transport vehicles.
3. To coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transport activities.
1. To organize the transport of various types of dangerous goods for security and defense purposes within the scope of management as provided for in this Decree.
2. To manage the list of dangerous goods categories 1 and 4 within the scope of management; to manage dangerous goods transport activities and to organize the issuance of Dangerous Goods Transport Permits as stipulated in Clause 1 of Article 14 of this Decree.
3. To coordinate with the Ministry of Transport, the Ministry of National Defense, the Ministry of Industry and Trade, and the Ministry of Natural Resources and Environment in advising the Government to amend and supplement the list of dangerous goods categories 1, 3, 4, and 9 as stipulated in Clause 1 of Article 4 of this Decree.
4. To take the lead and coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transport activities within their jurisdiction. To inspect, supervise, and handle violations related to dangerous goods safety training within their jurisdiction.
Article 20. Ministry of National Defense
1. To organize the transport of various types of dangerous goods for security and defense purposes within the scope of management as provided for in this Decree.
2. Manage the transportation activities of dangerous goods and organize the issuance of Dangerous Goods Transportation Permits within its jurisdiction as stipulated in Clause 2, Article 14 of this Decree.
3. Carry out inspection and control of entry and exit, and coordinate with inspections and supervision of dangerous goods and dangerous goods transportation vehicles through road traffic means in border areas, land border gates, and port gates according to the provisions of the law; arrange dedicated lanes for dangerous goods transportation vehicles at border gates where many dangerous goods transportation vehicles operate.
Article 21. Ministry of Science and Technology
1. Take the lead and coordinate with the Ministry of Transport and the Ministry of Industry and Trade to advise the Government on amending and supplementing the List of Dangerous Goods Category 7 as stipulated in Clause 1, Article 4 of this Decree for approval and promulgation by the competent authority.
2. Coordinate with relevant ministries and sectors in the management, inspection, and handling of violations related to the transportation of dangerous goods within their respective authorities.
Article 22. Ministry of Health
1. Manage the list of dangerous goods concerning toxic chemicals used in the health sector and insecticides, disinfectants used in household and health sectors within its jurisdiction as stipulated in Clause 1, Article 4 of this Decree.
2. Take the lead and coordinate with the Ministry of Transport to advise the Government on amending and supplementing the list of dangerous goods related to toxic chemicals, disease-causing substances used in the health sector, and insecticides, disinfectants used in household and health sectors.
3. Specify that dangerous goods related to toxic chemicals, disease-causing substances used in the health sector, and insecticides, disinfectants used in household and health sectors must be accompanied by a guard when transported.
4. Coordinate with relevant ministries and sectors in the management, inspection, and handling of violations related to the transportation of dangerous goods within their respective authorities. Inspect, supervise, and handle violations related to dangerous goods safety training within their respective authorities.
Article 23. Ministry of Industry and Trade
2. Manage the transportation activities of dangerous goods and organize the issuance of Dangerous Goods Transportation Permits within its jurisdiction as stipulated in Clause 3, Article 14 of this Decree.
5. Take the lead and coordinate with relevant ministries and sectors in the management, inspection, and handling of violations related to the transportation of dangerous goods within their respective authorities. Inspect, supervise, and handle violations related to dangerous goods safety training within their respective authorities.
Article 24. Ministry of Agriculture and Rural Development
1. Manage the list of dangerous goods that are plant protection chemicals.
2. Take the lead and coordinate with the Ministry of Transport to advise the Government on amending and supplementing the list of dangerous goods related to plant protection chemicals.
3. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their authority.
Article 25. Ministry of Natural Resources and Environment
Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their authority.
Article 26. Ministry of Finance
Carry out inspection, supervision, and control of entry and exit; inspect and supervise dangerous goods and means of transport carrying dangerous goods within the customs area according to the provisions of the law.
Article 27. People's Committees of provinces and centrally governed cities
1. Manage the transportation activities of dangerous goods and organize the issuance of Dangerous Goods Transportation Permits for plant protection chemicals according to Clause 4, Article 14 of this Decree.
2. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their authority. Inspect, supervise, and handle violations related to training on safe transportation of dangerous goods that are plant protection chemicals.
3. Direct the People's Committees of districts and communes to carry out the following actions when accidents occur during the transportation of dangerous goods within their jurisdiction:
a) Assist drivers and escorts (if any) in rescuing people, goods, and vehicles;
b) Remove victims from the accident site and organize first aid for them;
c) Organize the protection of goods and vehicles to continue transportation or storage at warehouses or transfer loading according to the guidance of competent authorities;
d) Establish a restricted zone, evacuate residents from the affected hazardous area, and simultaneously report to higher-level People's Committees and other relevant agencies to mobilize necessary forces to handle the situation promptly.
Article 28. For the person hiring transportation services
1. Package goods correctly according to size, weight, material of packaging, and containers according to technical standards for each type of dangerous goods as prescribed.
2. The outer packaging and containers must have product labels, hazard symbols, and warning signs as stipulated in Article 7 of this Decree.
3. Prepare four sets of dangerous goods transportation documents: one set sent to the dangerous goods transporter; one set sent to the person loading and unloading dangerous goods; one set sent to the driver; one set retained by the person hiring transportation services. The documents include: a shipping note clearly stating: name of dangerous goods, code number, type group, total weight, type of packaging, number of packages, date of production, place of production; full name and address of the person hiring transportation services and the recipient.
4. Notify the transporter in writing about requirements to be followed during transportation, instructions for handling accidents and incidents including situations where there is an escort.
5. Organize or hire units to provide safety training for escorts according to Article 8 of this Decree. Appoint an escort if dangerous goods require a mandatory escort.
6. Equip drivers and escorts transporting dangerous goods with complete protective gear as prescribed.
Article 29. Regarding the transporter
1. Arrange transportation means suitable for the type of dangerous goods to be transported.
2. Inspect goods to ensure safety before transporting them in accordance with regulations.
3. Comply fully with notifications from the cargo lessee and the provisions set out in the Dangerous Goods Transportation Permit.
4. Affix hazard symbols on the transportation means for the type and group of dangerous goods being transported in accordance with regulations.
5. Clean and remove or erase hazard symbols on the transportation means for dangerous goods after unloading if they will not continue to transport that type of goods.
6. Comply with the provisions in the Permit and only organize the transportation of dangerous goods when holding a valid Dangerous Goods Transportation Permit for the specified type, group, or name of goods requiring such a permit, with hazard symbols and warnings.
7. Only carry out the transportation of dangerous goods when the goods have complete and valid procedures and documents, and are securely packed for safe transportation.
8. Follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances prone to spontaneous combustion, liquid or solid explosives with reduced sensitivity through important bridges or tunnels under 100 meters long or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.
9. Organize training on dangerous goods safety for drivers in accordance with Article 8 of this Decree.
Article 30. Regarding the driver and escort1. Comply with laws and regulations on the transportation of dangerous goods, and only organize the transportation of dangerous goods when holding a valid Dangerous Goods Transportation Permit for the specified type, group, or name of goods requiring such a permit, and when the vehicle, packaging, and containers bear all necessary hazard symbols and warnings.
2. Implement instructions provided in the notification from the dangerous goods cargo lessee and the instructions of the dangerous goods transporter.
3. The driver must carry the dangerous goods transportation file provided by the cargo lessee, a valid Dangerous Goods Transportation Permit for the specified type, group, or name of goods requiring such a permit, a certificate of completion of a dangerous goods safety training program appropriate to the type and group of dangerous goods being transported (if applicable), and other required documents as stipulated by law; protect dangerous goods during transportation when there is no escort present.
4. Take measures to eliminate or limit the potential harm caused by dangerous goods; prepare a report and notify the People's Committee of the nearest commune and relevant agencies to handle promptly upon discovering dangerous goods incidents, threats to people's safety, vehicles, environment, or other goods, or traffic accidents during transportation. In cases exceeding their capacity, immediately inform the transporter and the cargo lessee to cooperate in resolving the situation promptly.
5. Follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances prone to spontaneous combustion, liquid or solid explosives with reduced sensitivity through important bridges or tunnels under 100 meters long or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.
6. The escort must carry a certificate of completion of a dangerous goods safety training program appropriate to the type and group of dangerous goods being transported (if applicable).
6. Escorts must carry the Certificate of Completion of Dangerous Goods Safety Training Program appropriate to the type and group of dangerous goods being transported (if applicable).
Chapter VI
IMPLEMENTING PROVISIONS
Article 31. Amending, supplementing and abolishing some articles of Decree No. 34/2024/ND-CP dated March 31, 2024 of the Government on the List of Dangerous Goods and Transport of Dangerous Goods by Road Motor Vehicles and Inland Waterway Vessels34/2024/NĐ-CPdated March 31, 2024, of the Government stipulating the List of Dangerous Goods and the Transport of Dangerous Goods by Road Motor Vehicles and Inland Waterway Vessels
1. Amend the name of the Decree:
DECREE
"Regulations on the List of Dangerous Goods and Transport of Dangerous Goods by Inland Waterway Vessels"
2. Amend the basis for issuance:
2. Amend the basis for issuance:
"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
June 2018; July 1915The Government issues this Decree regulating the List of Dangerous Goods, transport of dangerous goods, procedures for issuing permits for transporting dangerous goods by road motor vehicles, and certificates of completion of training programs for drivers or escorts transporting dangerous goods by road motor vehicles.
Pursuant to the Law on Environmental Protection dated November 17, 2020;
Pursuant to the Law on Atomic Energy dated June 3, 2008;
At the proposal of the Minister of Transport;
Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;
The Government issues this Decree on the List of Dangerous Goods and Transport of Dangerous Goods by Inland Waterway Vessels."
a) Amend Clause 1:
3. Amend Clause 1, Clause 2 and Clause 5 of Article 1:
a) Amend Clause 1:
"1. This Decree stipulates the List of Dangerous Goods, the transport of dangerous goods, and the issuance of Permits for the transport of dangerous goods on inland waterways."
b) Amend Clause 2:
"2. For the transportation of radioactive materials, it shall be carried out in accordance with the laws on the transport of atomic energy."
c) Amend Clause 5:
"5. For dangerous goods that are hazardous waste, they shall be handled in accordance with the laws on environmental protection."
5. Amend Clauses 2, 3, 4, 5, and 7 of Article 3:
4. Amend Clause 1 of Article 2:
"1. This Decree applies to organizations and individuals, both domestic and foreign, related to the transport of dangerous goods on inland waterways within the territory of the Socialist Republic of Vietnam."
b) Amend Clause 3:
5. Amend Clause 2, Clause 3, Clause 4, Clause 5 and Clause 7 of Article 3:
a) Amend Clause 2:
"2. Dangerous goods (dangerous cargo) are goods containing dangerous substances when transported on inland waterways that have the potential to cause harm to human life, health, the environment, national security and safety."
b) Amend Clause 3:
"3. The carrier is an organization or individual using inland waterway vessels to transport dangerous goods."
c) Amend Clause 4:
"4. The consignor is an organization or individual who contracts for the transport of dangerous goods on inland waterways with the carrier."
d) Amend Clause 5:
4. Amend Clause 1 of Article 2:
b) Amend Clause 3:
đ) Amend Clause 7:
a) Organizations and enterprises under the management of the Ministry of National Defense;
"7. The vessel operator is a crew member or person operating an inland waterway vessel."
“3. The Ministry of Industry and Trade shall issue Dangerous Goods Transport Permits for types 5 and 8 in accordance with Clause 1 of Article 4 of this Decree.”
6. Abolish Section I Chapter III.
a) Amend Point d of Clause 1:
7. Amend Clause 2 and Clause 3 of Article 17:
"2. The Ministry of National Defense shall issue Permits for the transport of dangerous goods to:
b) Carriers hired by organizations or enterprises under the management of the Ministry of National Defense to transport dangerous goods."
"3. The Ministry of Industry and Trade shall issue Permits for the transport of dangerous goods of Class 5 and Class 8 as prescribed in Clause 1 of Article 4 of this Decree."
“e) A copy or electronic copy of the special professional certificate of the crew for the inland waterway transport of dangerous goods.”
8. Amend Point đ Clause 1, Point d Clause 2 and Point e Clause 3 of Article 18:
a) Amend Point đ Clause 1:
"đ) A copy or electronic copy of the special professional certificate of the crew member for the transport of dangerous goods on inland waterways."
a) Amend Clause 1:
b) Amend Point d Clause 2:
a) Amend Clause 1:
"d) A copy or electronic copy of the special professional certificate of the crew member for the transport of dangerous goods on inland waterways;"
c) Amend Point e Clause 3:
"e) A copy or electronic copy of the special professional certificate of the crew member for the transport of dangerous goods on inland waterways."
11. Amend Clause 2 of Article 23:
9. Amend Clause 2 of Article 21:
"2. Issue national technical standards on technical safety and environmental protection for inland waterway vessels carrying dangerous goods and specialized equipment permanently attached (non-detachable) to the transport vehicles for dangerous goods."
“Article 24. The Ministry of Science and Technology
shall coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their respective authorities.
“Article 26. The Ministry of Industry and Trade
1. Manage the list of dangerous goods concerning Category 2, Category 3, Category 5, Category 8, Category 9, petroleum products, natural gas, and other hazardous chemicals, remaining toxic hazardous chemicals within its jurisdiction as stipulated in Clause 1, Article 4 of this Decree.
2. Manage the activities of transporting dangerous goods and organize the issuance of Dangerous Goods Transportation Permits within its jurisdiction as prescribed in Clause 3 of Article 17 of this Decree.
3. Take the lead and coordinate with the Ministry of Transport, Ministry of Public Security, Ministry of Science and Technology, and relevant ministries and sectors to advise the Government on amending and supplementing the list of dangerous goods concerning Category 2, Category 3, Category 5, Category 8, Category 9, petroleum products, natural gas, and other hazardous chemicals, remaining toxic hazardous chemicals within its jurisdiction as stipulated in Clause 1, Article 4 of this Decree.
4. Specify that dangerous goods belonging to Category 5, Category 8 must be accompanied by a guard when transported.
5. Take the lead and coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their respective authorities. Inspect, supervise, and handle violations related to dangerous goods safety training within their respective authorities.
14. Amend certain contents in Appendix IV:
a) Repeal the content at Item 3;
b) Amend the note section:
"Note:
- Indicate the type of permit requested (new/ supplementary inland waterway vessel).
- In case of online submission, fill in the information according to the instructions on the online public service system of the issuing authority."
15. Amend Item 5 of Appendix V:
"5. Inland waterway route for transporting..."
Article 32. Effectiveness
1. This Decree takes effect from January 1, 2025.
2. Organizations and individuals who have been issued Dangerous Goods Transportation Permits before the effective date of this Decree shall continue to use such permits without needing to reissue them until the expiration of the permits or until they are required to be reissued.
Article 33. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant individuals and units are responsible for implementing this Decree.
KT. PRIME MINISTER
DEPUTY PRIME MINISTER
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