Decree No. 29/2005/NĐ-CP on the list of dangerous goods and the transportation of dangerous goods on inland waterways

DECREE OF THE GOVERNMENT

Specifies the list of dangerous goods and the transportation of dangerous goods on inland waterways.
The Decree:

THE GOVERNMENT

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

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

At the proposal of the Minister of Transport,

Decree:

PART I
General Provisions

Article 1. Scope of application

1. This Decree stipulates the list of dangerous goods and the transportation of dangerous goods on inland waterways.

2. The transportation of dangerous goods on inland waterways for national defense and security purposes of the armed forces shall be regulated by the Minister of National Defense and the Minister of Public Security.

3. The transportation of radioactive materials, explosives, and industrial explosive materials on inland waterways, in addition to complying with the provisions of this Decree, must also comply with other relevant laws.

Article 2. Applicability

1. This Decree applies to organizations and individuals within the country; foreign organizations and individuals related to the transportation of dangerous goods on inland waterways.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, the provisions of such international treaties shall apply.

Article 3. 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 dangerous substances that have the potential to cause harm to human life, health, the environment, national safety, and security when transported on inland waterways.

3. A person transporting dangerous goods is an organization or individual using means of transport to transport dangerous goods on inland waterways.

4. A person hiring the transportation of dangerous goods is an organization or individual entering into a transportation contract for dangerous goods on inland waterways with the transporter.

5. A person sending dangerous goods is an organization or individual whose name appears as the sender on the dangerous goods waybill.

6. A person receiving dangerous goods is an organization or individual whose name appears as the recipient on the dangerous goods waybill.

7. A person loading and unloading dangerous goods is an organization or individual performing the loading and unloading of dangerous goods at inland waterway ports and wharfs.

Chapter II
Hazardous materials

Article 4. Classification of dangerous goods

1. Based on chemical and physical properties, dangerous goods are classified into nine types and groups as follows:

Type 1: Explosives.

Group 1.1: Explosives.

Group 1.2: Industrial explosives.

Type 2: Flammable gases and toxic gases.

Subgroup 2.1: Flammable gases.

Group 2.2: Toxic gases.

Type 3: Flammable liquids.

Type 4: Flammable solids.

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

Group 4.2: Substances liable to spontaneous combustion.

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

Type 5: Oxidizing substances.

Group 5.1: Oxidizing substances.

Group 5.2: Organic peroxides.

Type 6: Toxic and infectious substances.

Group 6.1: Toxic substances.

Group 6.2: Infectious substances.

Type 7: Radioactive materials.

Type 8: Corrosive substances.

Type 9: Miscellaneous dangerous goods.

2. Packages, containers of dangerous goods that have not been cleaned inside and out after removal of dangerous goods are also considered dangerous goods corresponding to their type.

Article 5. List of dangerous goods

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

2. The level of danger of each substance in the list of dangerous goods is indicated by a danger number consisting of two to three digits as specified in Appendix 2 attached to this Decree.

3. The Prime Minister decides to amend and supplement the list of dangerous goods based on proposals from the agencies mentioned in Article 7 of this Decree.

Article 6. Packaging, containers, labels, markings, and warning signs for dangerous goods

1. Dangerous goods that are required to be packaged must be packaged before being transported on inland waterways. The packaging of dangerous goods must comply with Vietnamese standards and regulations of competent authorities.

2. Containers for dangerous goods must meet standards and be affixed with dangerous goods markings. The size, symbol, and color of dangerous goods markings must comply with the provisions of Section 1 of Appendix 3 attached to this Decree.

3. The labeling of dangerous goods must comply with the Prime Minister's regulations on labeling goods circulating domestically and goods for export and import.

4. Means of transport carrying dangerous goods must be affixed with dangerous goods markings. If a means of transport carries multiple types of dangerous goods, it must be affixed with all markings for those types. Markings must be placed on both sides of the means of transport.

Warning signs are rectangular and orange in color, with "UN" (United Nations code number) printed in the center. The size of the warning sign is specified in Section 2 of Appendix 3 attached to this Decree. Warning signs must be placed below the dangerous goods markings.

Article 7. Responsibilities for developing, amending, and supplementing regulations on dangerous goods

The following agencies are responsible for developing, amending, and supplementing regulations on the list of dangerous goods, packaging, container standards for dangerous goods, and submitting them to competent authorities for issuance or issuing such regulations:

1. The Ministry of Agriculture and Rural Development develops, amends, and supplements regulations on plant protection chemicals and veterinary drugs.

2. The Ministry of Health develops, amends, and supplements regulations on toxic chemicals used in healthcare and household insecticides and disinfectants.

3. The Ministry of Trade develops, amends, and supplements regulations on gasoline, diesel fuel, and natural gas.

4. The Ministry of Industry develops, amends, and supplements regulations on hazardous chemicals used in industrial production.

5. The Ministry of Science and Technology develops, amends, and supplements regulations on radioactive substances.

6. The Ministry of Natural Resources and Environment develops, amends, and supplements regulations on remaining hazardous toxic chemicals in various categories and groups of dangerous goods.

Chapter III
Transportation of dangerous goods

Article 8. Conditions for Participants in Hazardous Goods Transportation

1. Crew members working on specialized means of transportation for gasoline, diesel, liquefied gas, and chemicals must be trained and hold a professional certificate for hazardous goods transportation as prescribed by the Ministry of Transport.

2. Warehouse managers and loaders/unloaders of hazardous goods at ports and inland waterway wharfs must undergo training according to a program prescribed by the Ministry of Transport.

3. Escorts, warehouse managers, and loaders/unloaders of hazardous goods at warehouses of consignors within ports and inland waterway wharfs must be trained on hazardous goods as prescribed by the agencies mentioned in Article 7 of this Decree.

Article 9. Loading and Unloading of Hazardous Goods

1. Loaders and unloaders of hazardous goods must carry out loading and unloading of hazardous goods in accordance with the regulations prescribed by the agencies mentioned in Article 7 of this Decree.

2. Based on the regulations of the agencies mentioned in Article 7 of this Decree and instructions from the shipper, the captain decides on the stowage plan for hazardous goods.

The stowage of hazardous goods on the means of transport must follow the plan decided by the captain and be properly secured and braced according to the nature of each type or group of hazardous goods. Different types of goods that may interact with each other and increase the level of danger shall not be stowed together in the same compartment or cargo hold.

3. Loading and unloading of hazardous goods in warehouses or yards at ports and inland waterway wharfs must follow the guidance of the warehouse manager. Based on the instructions of the shipper, the warehouse manager guides and supervises the loading and unloading of hazardous goods in the warehouse or yard and is responsible during the time the hazardous goods are stored in the warehouse or yard.

4. For types or groups of hazardous goods that must be loaded, unloaded, and stored separately, such operations must be carried out at dedicated piers or wharfs and stored in separate locations.

5. After all hazardous goods have been removed from the warehouse or yard, the storage location must be cleaned to prevent any impact on other goods.

Article 10. Conditions for Means of Transport for Hazardous Goods

In addition to complying with the provisions of the Law on Inland Waterway Traffic, means of transport for hazardous goods must also meet the following conditions:

1. Possess a technical safety and environmental protection certificate issued by the inspection agency in accordance with the regulations applicable to each type or group of hazardous goods.

2. After unloading all hazardous goods, if the means of transport does not continue to transport such goods, it must be cleaned according to the prescribed procedure and at the designated location.

The Ministry of Natural Resources and Environment shall take the lead in coordinating with the agencies mentioned in Article 7 of this Decree to guide the cleaning procedures and locations for means of transport after transporting hazardous goods.

Article 11. Responsibilities of Hazardous Goods Transporters

In addition to complying with the provisions of the Law on Inland Waterway Traffic and related provisions in this Decree, hazardous goods transporters also have the following responsibilities:

1. Only accept transportation when there is a permit for the transportation of hazardous goods on inland waterways for types, groups, or names of goods that require a permit for the transportation of hazardous goods, and ensure that packaging, labeling, and marking of hazardous goods comply with the provisions of Article 6 of this Decree.

2. Inspect hazardous goods and ensure their safety during transportation.

3. Follow the instructions of the person hiring the transportation and the provisions in the permit for the transportation of hazardous goods.

4. Inform the captain or driver of the means of transport about the regulations to be followed when transporting hazardous goods on inland waterways.

Article 12. Responsibilities of the Captain and Driver of the Means of Transport

In addition to complying with the provisions of the Law on Inland Waterway Traffic, the captain and driver of the means of transport for hazardous goods also have the following responsibilities:

1. Comply with the provisions in the permit for the transportation of hazardous goods for types, groups, or names of goods that require a permit for the transportation of hazardous goods.

2. Implement the instructions recorded in the notification of the person hiring the transportation of hazardous goods and the instructions of the hazardous goods transporter.

3. Prepare at least four sets of hazardous goods documentation; each set must include relevant documents provided by the person hiring the transportation, one transport document, and one stowage plan (one set sent to the hazardous goods transporter, one set sent to the person hiring the transportation of hazardous goods, one set sent to the loader/unloader of hazardous goods, and one set retained on board the means of transport).

4. Assign crew members to regularly guide and supervise the loading and unloading of hazardous goods on the means of transport; protect hazardous goods during transportation when there is no escort.

5. Implement measures to eliminate or limit the potential harm caused by hazardous goods; prepare a report and notify the People's Committee of the nearest locality and relevant agencies to handle promptly when hazardous goods incidents occur, posing a threat to people, means of transport, the environment, or other goods, or when inland waterway traffic accidents happen during transportation. If beyond capacity, immediately inform the transporter and the person hiring the transportation of hazardous goods to cooperate in resolving the situation promptly.

Article 13. Responsibilities of the Person Hiring the Transportation of Hazardous Goods

In addition to complying with the provisions of the Law on Inland Waterway Traffic, the person hiring the transportation of hazardous goods also has the following responsibilities:

1. Hold a permit for the transportation of hazardous goods issued by the competent authority for types, groups, or names of hazardous goods that require a permit for the transportation of hazardous goods.

2. Prepare a shipping document for hazardous goods in accordance with the regulations and hand it over to the transporter before loading the goods onto the means of transport, specifying: name of hazardous goods; code number; type, group of hazardous goods; quantity; type of packaging; number of packages; date and place of production; name and address of the sender of hazardous goods; name and address of the recipient of hazardous goods.

3. Notify in writing to the carrier of dangerous goods about the requirements to be implemented during transportation, guidance on handling incidents caused by dangerous goods, including when there is a guard accompanying the goods. Bear responsibility for losses arising from delayed or inaccurate provision of information, documents, and instructions.

4. Assign a guard for dangerous goods for types and groups of dangerous goods that the agencies mentioned in Article 7 of this Decree stipulate must have a guard. The guard for dangerous goods is responsible for continuously guiding and supervising the loading and unloading of dangerous goods onto the means of transport; jointly with the crew to manage dangerous goods and handle incidents occurring during transportation.

Article 14. Responsibilities of the People's Committee at the local level

When an incident occurs during the transportation of dangerous goods on inland waterways, the People's Committee receiving the notification must promptly mobilize forces to carry out the following tasks:

1. Rescue people, means of transport, and dangerous goods.

2. Remove victims (if any) from the incident area and organize first aid for the victims.

3. Isolate the area, evacuate residents from the contaminated and hazardous area while reporting to the higher-level People's Committee to mobilize firefighting, epidemic prevention, and environmental protection forces to promptly handle the incident and address its consequences.

4. Organize and deploy forces to protect the scene, dangerous goods, and means of transport to continue transportation and assist in investigative work and addressing the aftermath.

Article 15. Authority to issue permits for transporting dangerous goods

1. Based on the degree of danger of the type, group, and name of goods listed in the Dangerous Goods Catalogue attached as Appendix 1 to this Decree, the agencies mentioned in Clause 2 of this Article shall be responsible for specifying the types, groups, and names of dangerous goods that must have a permit for transportation on inland waterways.

2. The authority to issue permits for transporting dangerous goods is defined as follows:

a) The Ministry of Public Security shall specify the issuance of permits for transporting dangerous goods for goods belonging to Types 1, 2, 3, 4, and 9;

b) The Ministry of Science and Technology shall specify the issuance of permits for transporting dangerous goods for goods belonging to Types 5, 7, and 8;

c) The Ministry of Health shall specify the issuance of permits for transporting dangerous goods for toxic chemicals used in the medical field and insecticides, bactericides used in household applications;

d) The Ministry of Natural Resources and Environment shall specify the issuance of permits for transporting dangerous goods for the remaining types, groups, and names of dangerous goods.

3. The Prime Minister decides on the transportation of dangerous goods on inland waterways in the following cases:

a) Dangerous goods serving urgent needs for disease prevention and control, disaster relief;

b) Dangerous goods in transit from other countries and international organizations with which Vietnam has not signed or joined treaties.

Article 16. Content, procedures, and validity period for issuing permits for transporting dangerous goods

1. The main content of the permit for transporting dangerous goods includes:

a) Name, registration number, total gross tonnage of the means of transport;

b) Name and address of the owner of the means of transport;

c) Full name of the captain; captain's license number and category;

d) Name, type, group, and total quantity of dangerous goods;

đ) Name of the inland waterway port or wharf where dangerous goods are loaded or unloaded;

e) Route and duration of transporting dangerous goods.

2. The agencies mentioned in Article 15 of this Decree shall specify the procedures, validity period for issuing, and management and issuance of permits for transporting dangerous goods. The format of the permit for transporting dangerous goods must include all contents specified in Clause 1 of this Article.

3. Permits for transporting dangerous goods are issued for each trip or period but not exceeding 12 months.

Chapter IV
Inspection, supervision, and handling of violations

Article 17. Inspection and supervision of the transportation of dangerous goods on inland waterways

1. The agencies mentioned in Articles 7 and 15 of this Decree, based on their functions, duties, and authorities, are responsible for organizing inspections and supervision of the implementation of the provisions of this Decree.

2. Inland Waterway Traffic Inspectors, Inland Waterway Traffic Police, and Inland Waterway Port Authorities within their scope of responsibility under the law shall inspect the transportation of dangerous goods on inland waterways.

Article 18. Handling Violations

Persons who violate the provisions of this Decree shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the law.

Chapter V
Implementation Provisions

Article 19. Effectiveness

This Decree takes effect 15 days after its publication in the Official Gazette; previous regulations contrary to this Decree are abolished.

Article 20. Implementation

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

Article 21. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.