Circular No. 25/2010/TT-BKHCN guides the procedures for issuing permits to transport dangerous goods, including oxidizing substances, organic oxide compounds, and corrosive substances by road motor vehicles.

CIRCULAR

The guidance on procedures for issuing permits to transport dangerous goods, including oxidizing substances,

organic peroxide compounds, and corrosive substances via road motor vehicles,

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

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

Pursuant to Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government stipulating the list of dangerous goods and the transportation of dangerous goods by road motor vehicles;

The Minister of Science and Technology shall provide guidance on the procedures for issuing permits to transport dangerous goods, including oxidizing substances, organic peroxide compounds, and corrosive substances via road motor vehicles within the territory of Vietnam as follows:                                                                                           

PART I

 GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the procedures for issuing permits to transport dangerous goods classified as type 5 and type 8 via road motor vehicles, including oxidizing substances and organic peroxide compounds (type 5) and corrosive substances (type 8) as specified in Appendix I attached to Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government on the list of dangerous goods and the transportation of dangerous goods via road motor vehicles (hereinafter referred to as Decree No. 104/2009/NĐ-CP).

Article 2. Applicability

1. This Circular applies to organizations and individuals both inside and outside Vietnam (hereinafter referred to as enterprises) related to the transportation of dangerous goods via road motor vehicles within the territory of Vietnam.

In cases where international treaties related to the transportation of dangerous goods via road motor vehicles to which the Socialist Republic of Vietnam is a party have provisions different from this Circular, the provisions of such international treaties shall apply.

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 cases stipulated in Article 2 of Decree No. 104/2009/NĐ-CP shall be decided by the Prime Minister regarding the application of special regulations and measures: the application of special and specific regulations, measures:

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 relevant international treaties..

Article 3. Explanation of terms

Strategic multi-purpose hydropower plant

1. The consignor is an enterprise that has dangerous goods to be transported via road motor vehicles.

2. The carrier is an enterprise that performs the transportation of dangerous goods via road motor vehicles.

3. Bcertified copy iscertified copy issued by a notary office or certified copy confirmed by an enterprise.

4. Safety Data Sheet is a document established by the manufacturer or importer, printed in Vietnamese and containing all of the following information:

a) Identification of chemicals;

b) Hazardous characteristics of chemicals;

c) Information on chemical components;

d) Physical and chemical properties of chemicals;

e) Stability and reactivity of chemicals;

f) Toxicity information;

g) Ecological information;

h) First aid measures;

i) Fire-fighting measures;

j) Accidental release measures;

k) Handling and storage requirements;

l) Exposure controls/personal protection;

m) Disposal considerations;

n) Transportation information;

o) Regulatory requirements and standards to be followed;

p) Other necessary information.

In cases where the Safety Data Sheet consists of multiple pages, each page must be consecutively numbered from the first page to the last page. Each page number must include the page sequence number and the total number of pages in the entire Safety Data Sheet.

Chapter II

Article 1. Conditions for Enterprises to be Granted Permits for Transporting Hazardous Goods by Motor Vehicles on the Territory of Vietnam

Article 4. For hazardous goods for shipment

Hazardous chemicals of Class 5 and Class 8 that need to be transported must be packaged and labeled in accordance with Articles 7, 8, 9, and Article 13 of Decree No. 104/2009/NĐ-CP, specifically as follows:

1. The packaging of hazardous goods, containers, and drums containing dangerous chemicals must comply with current standards for packaging dangerous chemicals used in industrial production or internationally recognized standards acknowledged by the Ministry of Industry and Trade.

In cases where other containers are used such containers for hazardous goods must meet applicable standards and must pass technical tests according to those standards.

2. Packaging and containers for hazardous goods must have:

a) Product labels as prescribed in Decree No. 89/2006/NĐ-CP dated June 30, 2006 of the Government regarding product labeling and current regulations on labeling dangerous chemicals;

b) Hazard symbols of the type or group of goods as prescribed in Section 1 of Appendix III of Decree No. 104/2009/NĐ-CP.

3. Must have complete safety data sheets for chemicals as stipulated in Clause 4, Article 3 of this Circular.

Article 5. For transport vehicles

Conditions for transport vehicles:

1. Transport vehicles owned by the enterprise transporting hazardous goods or hired carriers must be inspected and granted permits for operation by competent authorities of the Ministry of Transport and must still be within their operational period.

2. Transport vehicles must meet technical conditions for transporting hazardous goods as specified by the Ministry of Industry and Trade, specifically as follows:

a) Semi-trailers shall not be used to transport hazardous goods;

b) Hazardous goods transport vehicles must have a cab large enough for two people, including one driver and one escort;

c) Carriers must ensure requirements for vehicle operators, escorts, auxiliary equipment, and technical measures for transporting hazardous goods as prescribed in national standard TCVN 5507:2002;

d) Must have fire-fighting equipment suitable for the hazardous goods being transported as prescribed by firefighting police agencies;

đ) Must have covering materials sufficient to completely cover the cargo area. After covering, the edges must extend at least 20 cm beyond the cargo area and must have secure fastening points;

e) Covering materials must be waterproof and fire-resistant;

g) Voltage in the vehicle's system must not exceed 24V;

h) Hazardous goods transport vehicles must also meet other technical requirements as prescribed for motor vehicles by the Ministry of Transport.

3. Transport vehicles must display hazard symbols corresponding to the type or group of goods being transported. If multiple types of hazardous goods are transported simultaneously, all relevant hazard symbols must be displayed on the vehicle. Hazard symbols must be affixed on both sides and the rear of the vehicle. Below these symbols, warning signs with shapes, sizes, and colors as prescribed in Section 2 of Appendix III of Decree No. 104/2009/NĐ-CP must be affixed, with the UN number (United Nations code) in the center. The size of the warning sign and the UN number are specified in Appendix VII of this Circular.

4. Enterprises with transport vehicles must have specific plans and measures for handling the vehicles (removing or peeling off hazard symbols from the vehicle; cleaning and decontaminating residual hazardous chemicals from the vehicle,...) after completing the transportation if they do not continue to transport that type of hazardous goods. thereof.

Article 6. Regarding the driver and escort of the vehicle

1. The driver of the transport vehicle must have a valid driving license corresponding to the category of vehicle specified on the license, and must also hold a certificate confirming completion of chemical safety training issued by the Ministry of Industry and Trade.

The driver of the transport vehicle is responsible for inspecting dangerous goods before transportation, ensuring safe transportation according to regulations; complying with all notifications from the consignor and the provisions in the dangerous goods transport permit; only proceeding with transportation when all required permits, warning signs, and hazard markings are present as prescribed.

2. The escort must be trained and hold a certificate confirming completion of chemical safety training for the chemicals they are escorting, issued by the Ministry of Industry and Trade. and comply fully with the provisions in the dangerous goods transport permit..

Cfragrance III

PROCEDURES FOR ISSUING DANGEROUS GOODS TRANSPORT PERMITS

BY ROAD MOTOR VEHICLES

Article 7. Authority to issue Dangerous Goods Transport Permits

Provincial Departments of Science and Technology have the authority to review applications for permits submitted by enterprises and issue Dangerous Goods Transport Permits to enterprises that need to transport dangerous goods by road motor vehicles equipped with warning signals.

Article 8. Application Documents for Issuing Dangerous Goods Transport Permits

An enterprise item that needs to transport dangerous goods or an enterprise that carries out transportation item of dangerous goods by road motor vehicles shall prepare one set of application documents and submit it to the Provincial Department of Science and Technology where the enterprise is registered for business. The application includes:

1. A request for issuance of a Dangerous Goods Transport Permit in accordance with the form prescribed in Appendix I of this Circular (the name of the dangerous goods must be recorded according to its official name and United Nations number UN as stipulated in Appendix I of Decree No. 104/2009/NĐ-CP), accompanied by a certified true copy of the business registration certificate.

2. A list of transport vehicles, drivers, and escorts in accordance with the form prescribed in Appendix II of this Circular.

3. A schedule of transport routes, types of dangerous goods transported, and total weight of dangerous goods to be transported in accordance with the form prescribed in Appendix III of this Circular.

4. A commitment letter from the enterprise in accordance with the form prescribed in Appendix IV of this Circular.

5. A dispatch order for transportation (for multiple shipments of different types of dangerous goods) in accordance with the form prescribed in Appendix V of this Circular.

6. A commitment letter from the transporter (in cases where the enterprise hires transport vehicles from another enterprise).

7. A chemical safety checklist as prescribed in Clause 4, Article 3 of this Circular.

8. Relevant documents related to the requirements for the driver and escort:

a) A certified true copy of the occupational safety card of the driver and escort issued in accordance with current State regulations, accompanied by a certificate confirming completion of chemical safety training issued by the Ministry of Industry and Trade;

b) A certified true copy of the driver's license of the driver corresponding to the type of transport vehicle.

8. A certified true copy of the vehicle registration certificate along with a certificate of vehicle inspection still within its validity period issued by the Vietnam Vehicle Inspection Agency (Ministry of Transport). In cases where an enterprise needs to transport dangerous goods and must hire a transport vehicle, the enterprise must submit a certified true copy of the transport hiring contract detailing information about the transport vehicle (type of vehicle, license plate number, carrying capacity).

9. A certified true copy of the certificate of inspection for packaging and containers for dangerous goods still within its validity period (for specialized containers). In cases where other containers are used, the enterprise must submit a certified true copy of the following documents:

a) Standards applicable to dangerous goods containers published by the enterprise;

b) Test result report for compliance with the published standards for dangerous goods containers conducted by a testing organization registered for testing activities in accordance with Circular No. 08/2009/TT-BKHCN dated April 8, 2009 of the Ministry of Science and Technology guiding requirements, procedures, and formalities for registering conformity assessment activities. item risks due to the testing organization having registered its field of testing activities in accordance with Circular No. 08/2009/TT-BKHCN dated April 8, 2009, issued by the Ministry of Science and Technology guiding requirements, procedures, and formalities for registering conformity assessment activities.

Article 9. Procedure for Issuing the Transport Permit

1. Within seven (07) working days from the date of receipt of complete and valid documents, the Provincial Department of Science and Technology shall organize the examination of the documents and issue the Transport Permit for dangerous goods to enterprises according to the model specified in Appendix VI of this Circular.

2. In case the documents do not meet the requirements stipulated, within three (03) working days from the date of receipt of the documents, the Provincial Department of Science and Technology shall be responsible for notifying the enterprise in writing to supplement and perfect the documents.

Article 10. Effectiveness of the Transport Permit

The Transport Permit is issued based on the application for issuance of the transport permit for dangerous goods submitted by the enterprise. TThe validity period of the transport permit does not exceed twelve (12) months from the date of issuance.

Chapter IV

RESPONSIBILITIES OF ENTERPRISES AND AUTHORITIES WITH COMPETENT AUTHORITY

Article 11. Responsibilities of Enterprises

1. Shippers, carriers, organizations, and individuals related to the transportation of dangerous goods by road vehicles have the responsibility to:

a) Comply with the provisions of this Circular during the transportation of dangerous goods;

b) Inspect and control goods, transportation vehicles, vehicle drivers, and escorts regarding compliance with the provisions of Articles 4, 5, and 6 of this Circular and reflect these fully in the application documents for the transport permit for dangerous goods in specific materials;

c) Develop a clear and detailed transportation schedule for dangerous goods; require vehicle drivers to strictly comply with regulations on the transportation schedule, the requirements of shippers, and instructions from construction units along the route. Adhere to the transportation schedule, dangerous goods transportation time, and duration stated in the transport permit; keep a logbook of each transportation trip according to dispatch orders and report on the transportation of dangerous goods to the Provincial Department of Science and Technology where the transport permit was issued every three months, accompanied by dispatch orders according to the model specified in Appendix V;

d) Notify in writing the specific time of the transportation schedule for dangerous goods and a copy of the transport permit for dangerous goods issued by the Provincial Department of Science and Technology to the People's Committees of provinces and cities included in the established transportation schedule to prepare assistance plans in case of incidents;

đ) Comply with safety regulations during the transportation and loading/unloading of dangerous goods;

e) Be responsible for safety, hygiene, and environmental protection of dangerous goods during transportation;

g) Fully implement other relevant regulations under Decree No. 104/2009/NĐ-CP.

2. In case of violation of the provisions of this Circular, depending on the nature, degree of violation, and resulting consequences, the transport permit may be revoked, administrative penalties imposed, or criminal liability pursued according to the law.

Article 12. Responsibilities of the Provincial Department of Science and Technology

1. Organize the examination of applications and issue Permits for the transportation of dangerous goods to enterprises.

2. Coordinate with relevant agencies (transport inspectors, commerce, public security, etc.) to inspect and supervise the transportation of dangerous goods by enterprises that have been granted transportation permits.

3. Report periodically every six months on the issuance of permits for the transportation of dangerous goods to the Ministry of Science and Technology and the People's Committee of the province or city under their jurisdiction.

Chapter V

IMPLEMENTATION

Article 13. Effective Date

This Circular shall take effect forty-five days from the date of issuance and shall replace Circular No. 10/2008/TT-BKHCN dated August 8, 2008, issued by the Ministry of Science and Technology guiding procedures for issuing permits for the transportation of dangerous chemicals, including oxidizing substances, organic oxide compounds, and corrosive substances by road transport vehicles. In cases where the permit for the transportation of dangerous goods issued to enterprises in accordance with

Article 14. Transitional Provisions

Circular No. 10/2008/TT-BKHCN dated August 8, 2008, issued by the Ministry of Science and Technology remains valid when this Circular takes effect, the enterprise may continue to use such permit until its validity period expires. 1. In case national standards cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or newly published standards shall be applied.

Article 15. Implementation Organization

2. During the implementation of this Circular, if there are any difficulties, organizations and individuals concerned are requested to promptly reflect them to the Ministry of Science and Technology for consideration and resolution./.  If standards are amended, supplemented, or newly promulgated, then the amended, supplemented, or newly promulgated standards shall be used.

2. During the implementation of this Circular, if there are any difficulties, organizations and individuals concerned are requested to promptly reflect them to the Ministry of Science and Technology for consideration and resolution./.