This Decree on transporting hazardous goods by road motor vehicles and inland waterway vessels takes effect from May 15, 2024, replacing Decree No. 42/2020/NĐ-CP. This Decree details packaging, labeling, and responsibility of the cargo owner, carrier, and vehicle operator in transporting hazardous goods.
Đối tượng áp dụng
Organizations and individuals involved in the transportation of hazardous goods by road and inland waterways
Các điểm cốt lõi
- Regulations on packaging, containers, and labeling for hazardous goods.
- Responsibilities of the cargo owner in training employees on safe handling of hazardous goods and providing necessary information to carriers.
- Requirements for carriers regarding suitable transport vehicles, pre-transport inspection of goods, and implementation of environmental protection measures.
- Responsibilities of the vehicle operator in complying with regulations stated in the Dangerous Goods Transportation Permit and handling incidents that occur.
- Effective from May 15, 2024, replacing Decree No. 42/2020/NĐ-CP.
🌐 Tác động xã hội từ văn bản này
- Enhancing safety in the transportation of hazardous goods
- Minimizing environmental and public health risks due to transportation incidents involving hazardous goods.
- Improving management and supervision procedures for the transportation of hazardous goods.
❓ Câu hỏi thường gặp
Which Decree does this Decree replace?
This Decree replaces Decree No. 42/2020/NĐ-CP on transporting hazardous goods by road motor vehicles and inland waterway vessels.
What responsibilities does the cargo owner have in the transportation of hazardous goods?
The cargo owner must train employees on the safe handling of hazardous goods, provide necessary information about hazardous goods to carriers, and instruct carriers on incident response.
What responsibilities does the vehicle operator have when an incident occurs during transportation?
Upon discovering an incident, the vehicle operator must take measures to eliminate or limit the potential harm caused by hazardous goods and promptly report to the competent authority.
Toàn văn
DECREE
Regulations on List of Dangerous Goods and Transport of Dangerous Goods
by Road Motor Vehicles and Inland Waterway Vessels
and inland waterway vessels
_____________________
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;
On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;
Pursuant to the Atomic Energy Law dated June 3, 2008;
Pursuant to the Chemicals Law dated June 29, 2018;
Pursuant to the Environmental Protection Law dated November 17, 2020;
Pursuant to the Inland Waterway Traffic Law dated June 15, 2004; and the Law Amending and Supplementing Certain Provisions of the Inland Waterway Traffic Law dated June 1, 2014;7 June 2014;
At the proposal of the Minister of Transport;
The Government issues this Decree stipulating the List of Dangerous Goods, transport of dangerous goods by road motor vehicles and inland waterway vessels.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 3. For the transportation of weapons, explosives, support tools, explosive precursors, and fireworks, the provisions of the laws on weapons, explosives, support tools, explosive precursors, and fireworks shall apply.
Article 4. For the transportation of dangerous goods for security and defense purposes of armed forces, the provisions of this Decree shall apply, and its implementation shall be organized by the Minister of Public Security and the Minister of National Defense.
Article 6. In cases where there are different provisions between this Decree and the laws on atomic energy, weapons, explosives, support tools, explosive precursors, fireworks, environmental protection, and fire prevention and extinguishing, the provisions of the laws on atomic energy, weapons, explosives, support tools, explosive precursors, fireworks, environmental protection, and fire prevention and extinguishing shall prevail.
Article 2. Applicability
Article 2. The Prime Minister decides on the application of special regulations and measures for the transport of dangerous goods in the following cases:
a) Goods serving urgent needs for disease prevention and control, disaster relief, and enemy threats;
b) Transit goods of countries and international organizations not party to international treaties related to Vietnam.
Article 3. Explanation of Terms
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.
Article 6. A recipient of dangerous goods is an organization or individual named as the recipient on the transport document for dangerous goods.
Article 8. An escort is an individual employed by the consignor (or shipper) to accompany dangerous goods throughout the transportation process.
Article 9. A warehouse manager is the person primarily responsible for managing the condition and quantity of all goods from the time they enter the warehouse until they leave it.
Chapter II
CLASSIFICATION, LIST, PACKAGING, LABELING AND SAFETY TRAINING FOR DANGEROUS GOODS
Article 4. Classification of Dangerous Goods
1. Depending on their chemical and physical properties, dangerous goods are classified into 9 types and subtypes as follows:
a) Type 1. Explosives and articles presenting a mass explosion hazard;
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 present no significant 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.
đ) Type 5;
Subtype 5.1: Oxidizing substances.
Subtype 5.2: Organic peroxides.
e) 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 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 according to type and subtype, accompanied by United Nations numbers and danger signs specified in Appendix I of this Decree.
2. The degree of danger of each substance in the list of dangerous goods is indicated by a danger sign with a group having 2 to 3 digits specified in Appendix II of 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 and containers for imported 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 and technical regulations 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 be able to 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 shaking, 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 in quality due to the influence of the substances inside; they must not affect the composition, characteristics, and effects of the dangerous goods.
đ) 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.
e) Inner packaging and containers that are prone to breakage or puncture, such as glass, ceramic, or certain types of plastic, must be securely fixed with outer packaging and containers using suitable cushioning materials.
g) Packaging and containers for volatile substances must ensure that the substances do not evaporate during transportation as required by the manufacturer.
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. Hazardous Goods Labels, Hazard Markings, and Warning Signs
1. The marking of hazardous goods shall be carried out in accordance with the provisions of the Chemicals Law and the regulations on product labels.
2. On the outside of each package or container holding hazardous goods, there shall be affixed hazard markings and warning signs at positions easily visible. The size, symbols, and colors of the hazard markings shall conform to the models prescribed in Appendix III of this Decree.
3. Warning signs shall be rectangular in shape, with sizes and colors according to the models prescribed in Appendix III of this Decree. The position for affixing warning signs shall be below the hazard markings.
Article 8. Safety Training for Hazardous Goods
1. Organization of safety training for hazardous goods
a) The person hiring transportation or the transporter shall organize safety training for hazardous goods or send individuals specified in Clause 2 of this Article to participate in safety training courses offered by units authorized to conduct such training, once every two years;
b) Safety training for hazardous goods may be conducted separately or combined with other safety training activities;
c) Individuals who have completed safety training for hazardous goods must undergo retraining under the following circumstances: When there is a change in the type of hazardous goods being transported during the process; when the trained individual changes their job position; after failing to meet requirements in two consecutive examinations; after the expiration of the two-year period since the last training session.
2. Individuals required to undergo safety training for hazardous goods include: Drivers, escorts, warehouse keepers, loaders/unloaders.
3. Content of safety training for hazardous goods
a) The content of safety training for hazardous goods must be appropriate to the position and responsibilities of the trainees; the nature, types, and level of danger of hazardous goods. Training materials shall be prepared by the person hiring transportation or the transporter, with the content compiled according to the types and groups of hazardous goods as stipulated in Article 4 of this Decree;
b) The content of training includes: Names of hazardous goods, dangerous properties, classification, and labeling; risks causing safety incidents during storage, loading/unloading, and transportation of hazardous goods; procedures for storing, loading/unloading, and transporting suitable for the job position; regulations on the safety of hazardous goods; emergency response procedures: Using rescue equipment to handle fire, explosion, leakage, dispersion of hazardous substances, first aid for victims in emergencies, using, maintaining, inspecting safety equipment, personal protective equipment for emergency response, communication procedures for reporting incidents, coordinating with competent authorities to mobilize resources for emergency response, containment, and limitation of pollution spread to the environment, collection of spilled hazardous substances, post-incident environmental remediation.
4. Instructors for safety training for hazardous goods must hold a bachelor's degree or higher and have at least five years of relevant work experience in the field of training.
5. Duration of safety training for hazardous goods: At least sixteen hours for each type and group of hazardous goods, including examination time.
6. Evaluation of results and retention of training records for safety of hazardous goods
a) The person hiring transportation or the transporter or the unit authorized to conduct safety training for hazardous goods shall be responsible for conducting evaluations to assess the results of safety training for hazardous goods;
b) Examination content: The examination content must match 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 results of safety training for hazardous goods, the organization or individual organizing the training and examination shall issue a decision recognizing the examination results and issue a certificate confirming completion of safety training for hazardous goods.
7. Training records for safety of hazardous goods include: Training content; 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 qualifications, field of study, work experience, accompanied by supporting documents; content and results of the examination for safety training for hazardous goods; decision recognizing the examination results for safety training for hazardous goods issued by the organization or individual.
8. Organizations and individuals are responsible for retaining complete training records as prescribed in Clause 7 of this Article for a period of three years and presenting them upon request by state management agencies.
Chapter III
TRANSPORTATION OF HAZARDOUS GOODS
BY MEANS OF MOTOR VEHICLES ON ROADS
Article 9. Conditions for persons participating in the transportation of dangerous goods
1. The driver of the vehicle transporting dangerous goods must ensure that they have all the necessary conditions to operate the vehicle and have been trained and issued with a certificate confirming completion of the safety training program for dangerous goods in accordance with this Decree.
2. Escorts, warehouse keepers, and loaders/unloaders of dangerous goods must be trained in safety and issued with a certificate confirming completion of the safety training program for the type of dangerous goods they are escorting, loading, unloading, or storing.
Article 10. Conditions for vehicles transporting dangerous goods
1. The vehicle must meet the conditions to participate in traffic as prescribed by law. Special equipment of the vehicle transporting dangerous goods must comply with national standards or technical regulations or as stipulated by the relevant management ministry.
2. Vehicles transporting dangerous goods must display hazard labels. If there are multiple types of dangerous goods on the same vehicle, it must display labels for each type. The position of the labels on both sides, front, and rear of the vehicle must be easily visible and identifiable.
3. After unloading dangerous goods from the vehicle and if it does not continue to transport such goods, the vehicle must be cleaned and the hazard labels removed or erased from the vehicle. The transportation unit and the driver of the vehicle are responsible for cleaning and removing or erasing the hazard labels from the vehicle when it does not continue to transport dangerous goods.
Article 11. Loading and unloading dangerous goods onto vehicles and storage at warehouses
1. Organizations and individuals involved in loading and unloading dangerous goods onto transportation vehicles and storing them at warehouses and yards must strictly follow the instructions regarding storage, 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 warehouse keeper, the cargo owner, or the escort. Different types of goods that can interact to increase danger must not be loaded together in the same vehicle. For types or groups of dangerous goods that must be stored separately, loading and unloading must be carried out in separate areas.
3. In cases where dangerous goods are transported without an escort, the transporter 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 12. Transportation of 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 explosives, through tunnels longer than 100 meters.
2. It is prohibited to simultaneously transport passengers (traffic participants or passengers) and vehicles (authorized to transport dangerous goods) carrying explosives, gas, gasoline, diesel, and other flammable and explosive substances on the same ferry trip.
Mục 2. TRANSPORT OF DANGEROUS GOODS
ON INLAND WATERWAYS
Article 13. Conditions for persons participating in the transport of dangerous goods
1. Crew members and drivers of inland waterway vessels working on vessels transporting dangerous goods must be trained and hold special certificates for the transportation of dangerous goods according to the regulations of the Minister of Transport; they must also undergo safety training programs for dangerous goods and obtain certificates confirming their completion of such programs as stipulated in this Decree.
2. Escorts, warehouse keepers, and handlers of dangerous goods on vessels and at inland waterway ports must undergo safety training programs for dangerous goods that they escort, load, unload, or store, and obtain certificates confirming their completion of such programs.
Article 14. Conditions for vehicles transporting dangerous goods
1. The vehicle must meet the conditions for participation in traffic as prescribed by law.
2. Vehicles transporting dangerous goods must display hazard labels. If a vehicle carries multiple types of dangerous goods, it must display all corresponding hazard labels. The labels must be affixed on both sides of the vehicle.
3. After unloading dangerous goods from a vehicle, if the vehicle does not continue to transport such goods, it must be cleaned and the hazard labels removed or erased from the vehicle. The transport unit, crew members, or drivers of inland waterway vessels are responsible for cleaning and removing or erasing the hazard labels from the vehicle when it ceases to transport dangerous goods.
Article 15. Loading and unloading dangerous goods on vehicles and storage
Persons loading and unloading dangerous goods must comply with regulations on loading goods onto inland waterway vessels and the following provisions:
1. Loading and unloading of dangerous goods must be directly guided and supervised by warehouse keepers, cargo owners, or escorts; the captain decides on the layout of dangerous goods on the vessel and appropriate padding, securing methods based on the nature of each type or group of dangerous goods. Goods that can interact and increase the level of danger must not be loaded together in the same compartment or cargo hold.
2. In cases where dangerous goods are transported without an escort, the transporter must follow the instructions of the cargo owner for loading and unloading.
3. For types or groups of dangerous goods that must be stored separately, loading and unloading must be carried out in dedicated wharf areas, berths, or warehouses.
4. After removing all dangerous goods from the warehouse or yard, the storage area must be cleaned to prevent any impact on other goods.
Chapter IV
LICENSE FOR THE TRANSPORT OF DANGEROUS GOODS
Article 16. Content, format, and validity period of the Dangerous Goods Transport License
1. Content of the Dangerous Goods Transport License
a) Name, address, contact phone number of the entity granted the license; name and position of the legal representative;
b) Type and category of dangerous goods;
c) Route and schedule of transport (applicable for licenses issued per trip);
d) Validity period of the license. For licenses issued per shipment, additional information about the vehicle and its driver, and the escort (if required for the transport of dangerous goods) must be included.
2. The Dangerous Goods Transport License must have a QR code and hazard warning symbols issued and managed by the issuing authority.
3. The Dangerous Goods Transport License is valid nationwide. The validity period of the license is determined by the transporter's request but shall not exceed 24 months and shall not exceed the service life of the vehicle.
Article 17. Competence to Issue Permits and Cases Exempt from Issuing Permits for Dangerous Goods Transportation
1. The Ministry of Public Security shall organize the issuance of permits for the transportation of dangerous goods types 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).
4. Provincial People's Committees and municipal people's committees directly under the central government shall organize the issuance of permits for the transportation of dangerous goods that are plant protection chemicals.
5. The authority issuing permits for the transportation of dangerous goods shall base their decision on the type and group of dangerous goods as stipulated in Clause 1, Article 4 of this Decree to determine the route and time of transportation.
6. The issuance of permits for the transportation of dangerous goods type 7 shall be carried out in accordance with the provisions of the Decree on conducting radiation work and supporting activities for nuclear energy application services.
7. The authority issuing permits for the transportation of dangerous goods shall refuse to issue permits for the transportation of dangerous goods that are flammable and explosive substances traveling through tunnels and ferries as prescribed in Article 12 of this Decree.
8. Organizations and individuals transporting dangerous goods in any of the following cases are exempt from obtaining permits for the transportation of dangerous goods as prescribed 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 chemicals within the categories and groups of dangerous goods.
9. Means of transport carrying dangerous goods not required to obtain permits for the transportation of dangerous goods as prescribed in Clause 8 of this Article must ensure fire prevention and firefighting safety conditions according to the laws on fire prevention and fighting during transportation.
Article 18. Documents for Application and Reissue of Permits for Dangerous Goods Transportation
1. Documents for applying for permits for the transportation of dangerous goods types 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 of this Decree;
b) A copy or electronic copy or original list of vehicles participating in the transportation ensuring they are still within the inspection period as prescribed;
c) A copy or electronic copy or original list of drivers and escorts for the transportation of dangerous goods (including: full name; national identity card number or citizen identification number or passport number; driver's license number and class (for drivers); certificate of professional qualification number and class (for seafarers)) and escort list when required (including: full name, national identity card number or citizen identification number or passport number) accompanied by a copy of the certificate of completion of safety training program;
d) A copy or electronic copy or original transportation plan and dangerous goods of the transportation unit according to the model prescribed in Appendix V of this Decree (which includes at least the following contents: vehicle registration number; full name of the driver; type of goods; quantity; route and time of transportation; measures to respond to chemical accidents during dangerous goods transportation);
2. Documents for issuing permits for the transportation of dangerous goods types 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 of this Decree;
b) A copy or electronic copy or original list of vehicles participating in the transportation ensuring they are still within the inspection period as prescribed;
c) A copy or electronic copy or original list of drivers and escorts for the transportation of dangerous goods (including: full name; national identity card number or citizen identification number or passport number; driver's license number and class (for drivers); certificate of professional qualification number and class (for seafarers)) and escort list when required (including: full name, national identity card number or citizen identification number or passport number) accompanied by a copy of the certificate of completion of safety training program as prescribed;
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 of this Decree (which includes at least the following contents: vehicle registration number; full name of the driver; type of goods; quantity; route and time of transportation; emergency response measures in case of fire or explosion incidents); a copy or electronic copy or original oil spill response plan (only applicable to the transportation of gasoline and diesel on inland waterways).
3. Documents for issuing permits for the transportation of 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 of this Decree;
b) A copy or electronic copy or original list of vehicles participating in the transportation ensuring they are still within the inspection period as prescribed;
c) A copy or electronic copy or original list of drivers and escorts for the transportation of dangerous goods (including: full name; national identity card number or citizen identification number or passport number; driver's license number and class (for drivers); certificate of professional qualification number and class (for seafarers)) and escort list when required (including: full name, national identity card number or citizen identification number or passport number) accompanied by a copy of the certificate of completion of safety training program as prescribed;
d) A copy or electronic copy or original of one of the following documents: Supply Contract; Financial Invoice for the export and import of plant protection chemicals.
đ) A copy or electronic copy or original of the organization plan for transporting dangerous goods of the transportation unit in accordance with the model prescribed in Appendix V of this Decree (which includes at least the following contents: Vehicle control number; name and surname of the vehicle operator; type of goods; quantity; route, time of transport);
4. The file for requesting adjustment of information on the Permit when there is a change related to the content of the Permit includes:
a) An application form for adjusting information on the Dangerous Goods Transport Permit in accordance with the model prescribed in Appendix IVa of this Decree;
b) Documents proving the change in information related to the Permit.
5. The file for reissuing the Permit due to loss or damage includes: An application form for reissuing the Dangerous Goods Transport Permit (stating the reason: lost or damaged).
Article 19. Procedures and formalities for issuing and reissuing Dangerous Goods Transport Permits
1. Formalities for issuing Dangerous Goods Transport Permits
a) The dangerous goods transporter submits one set of the application file for issuing a Dangerous Goods Transport Permit in accordance with Clause 1, Clause 2, and Clause 3 of Article 18 of this Decree to the issuing authority. In case of direct submission: The administrative procedure handling agency checks the file components and responds immediately upon receipt of the file by the organization or individual; if the file components are incomplete or incorrect, the agency guides the completion of the file according to regulations. In case of submission through postal service or online public service system: Within one working day from the date of receiving the file, the administrative procedure handling agency examines the completeness of the file; if the file is incomplete according to regulations, the administrative procedure handling agency notifies in writing or through the online public service system for the organization or individual to supplement, while guiding the completion of the file according to regulations. For the issuance of Dangerous Goods Transport Permits of 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 a complete and correct file, the issuing authority reviews the Dangerous Goods Transport Permit application file. If the Permit is not issued, the issuing authority must respond in writing or notify through the online public service system and specify the reasons.
2. Formalities for adjusting information on the Dangerous Goods Transport Permit when there is a change related to the content of the Permit
a) The dangerous goods transporter submits one set of the application file for issuing a Dangerous Goods Transport Permit in accordance with Clause 4 of Article 18 of this Decree to the issuing authority. In case of direct submission: The administrative procedure handling agency checks the file components and responds immediately upon receipt of the file by the organization or individual; if the file components are incomplete or incorrect, the agency guides the completion of the file according to regulations. In case of submission through postal service or online public service system: Within one working day from the date of receiving the file, the administrative procedure handling agency examines the completeness of the file; if the file is incomplete according to regulations, the administrative procedure handling agency notifies in writing or through the online public service system for the organization or individual to supplement, while guiding the completion of the file according to regulations.
b) Within three working days from the date of receiving a complete and correct file, the issuing authority reviews the file and issues a document to adjust the content of the Dangerous Goods Transport Permit. If the adjustment is not agreed upon, the issuing authority must respond in writing or notify through the online public service system and specify the reasons.
3. Formalities for reissuing the Dangerous Goods Transport Permit due to loss or damage
a) The dangerous goods transporter submits one set of the application file for issuing a Dangerous Goods Transport Permit in accordance with Clause 5 of Article 18 of this Decree to the issuing authority. In case of direct submission: The administrative procedure handling agency checks the file components and responds immediately upon receipt of the file by the organization or individual; if the file components are incomplete or incorrect, the agency guides the completion of the file according to regulations. In case of submission through postal service or online public service system: Within one working day from the date of receiving the file, the administrative procedure handling agency examines the completeness of the file; if the file is incomplete according to regulations, the administrative procedure handling agency notifies in writing or through the online public service system for the organization or individual to supplement, while guiding the completion of the file according to regulations;
b) Within two working days from the date of receiving a complete and correct file, the issuing authority reviews the Dangerous Goods Transport Permit application file. If the Permit is not issued, the issuing authority must respond in writing or notify through the online public service system and specify the reasons.
4. During the process of transporting dangerous goods, if there is a change in vehicles and vehicle drivers from the list in the application file that has been granted the Dangerous Goods Transport Permit, the dangerous goods transport unit must notify the new list attached to the application file for replacement vehicles and drivers to the issuing authority at least three working days before the transportation is carried out. Within one working day from the date of receiving the notification and application file from the dangerous goods transport unit, the issuing authority shall inspect and issue a written notice on the list of replacement vehicles and drivers. In case of disagreement, the issuing authority must respond in writing or through the online public service system and specify the reasons.
5. The acceptance of applications and issuance of results shall be conducted directly at the office of the issuing authority or through postal services or via the internet environment.
Article 20. Revocation of Dangerous Goods Transport Permit
1. A transporter of dangerous goods shall have their 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 file for the dangerous goods transport permit;
b) Conducting dangerous goods transportation that does not comply with the application file or the issued dangerous goods transport permit;
c) Ceasing operations as prescribed by law;
d) Using personnel involved in dangerous goods transportation who have not received safety training for dangerous goods as required.
2. The issuing authority of the dangerous goods transport permit shall revoke the permit issued by itself and shall follow the procedures below:
a) Issuing a decision to revoke the permit;
b) Sending the decision to revoke the permit to the transporter and posting the information on the unit's electronic information website (if available);
c) When the issuing authority issues a decision to revoke the permit, the transporter must return the permit to the issuing authority immediately upon the decision taking effect and cease dangerous goods transportation activities according to the revocation decision. If the transporter violates the provisions set forth in points a, b, and d of Clause 1 of this Article leading to the revocation of the permit, the issuing authority will not reissue the permit within thirty days from the effective date of the revocation decision. After thirty days from the effective date of the revocation decision, if the transporter wishes to continue participating in transportation, they must go through the initial application process to obtain a permit as stipulated in Article 18 of this Decree;
d) Announcing the revocation of the issued permit on mass media, on the portal or electronic information website of the authority.
Chapter V
IMPLEMENTATION
Article 21. Ministry of Transport
1. To take the lead in compiling opinions from relevant ministries and sectors regarding the revision and supplementation of the list of dangerous goods to submit to the Government for promulgation; to compile reports on dangerous goods transportation as prescribed in this Decree.
3. To coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transportation activities.
Article 22. Ministry of Public Security
1. Manage the list of dangerous goods categories 1 and 4 within its scope of management; manage the transportation activities of dangerous goods and organize the implementation of issuing Dangerous Goods Transportation Permits according to Clause 1, Article 17 of this Decree.
2. 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 to advise the Government on amending and supplementing the list of dangerous goods categories 1, 4, and 9 according to Clause 1, Article 4 of this Decree.
3. Take the lead and coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transportation within their authority. Inspect, supervise, and handle violations related to dangerous goods safety training within their authority.
Article 23. Ministry of National Defense
1. Manage dangerous goods transportation activities and organize the implementation of issuing Dangerous Goods Transportation Permits within its scope of management according to Clause 2, Article 17 of this Decree.
1. Manage dangerous goods transportation activities, the list of dangerous goods, and organize the implementation of issuing Dangerous Goods Transportation Permits within its scope of management according to Clause 3, Article 17 of this Decree.
2. 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 categories 5, 7, and 8 according to Clause 1, Article 4 of this Decree for approval and promulgation by the competent authority.
3. Specify that dangerous goods belonging to categories 5 and 8 must be accompanied by a guard during transportation.
4. Take the lead and coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transportation within their authority. Inspect, supervise, and handle violations related to dangerous goods safety training within their authority.
Article 25. Ministry of Health
4. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transportation within their authority. Inspect, supervise, and handle violations related to dangerous goods safety training within their authority.
1. Manage the list of dangerous goods for types 2, type 3, type 9, various types of fuel oil, natural gas, and other dangerous chemicals, remaining dangerous toxic chemicals as prescribed in Clause 1, Article 4 of this Decree.
2. Take the lead and coordinate with the Ministry of Transport, Ministry of Public Security, and relevant ministries and sectors to advise the Government on amending and supplementing the list of dangerous goods for types 2, type 3, type 9, various types of fuel oil, natural gas, and other dangerous chemicals, remaining dangerous toxic chemicals as prescribed in Clause 1, Article 4 of this Decree.
3. 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 within their authority.
Article 27. 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 28. 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 29. 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 operation area in accordance with the provisions of the law.
Article 30. 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 17 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 when accidents occur during the transportation of dangerous goods within their jurisdiction to implement the following contents:
a) Assist the driver and escort (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 store them in warehouses or transfer them 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 relevant agencies to mobilize necessary forces to handle the situation promptly.
Article 31. For the person hiring transportation services
1. Package goods correctly according to size, weight, material of packaging, and container as specified in technical standards for each type of dangerous goods.
2. The outer packaging and containers must have product labels, affix hazard symbols, and warning signs as prescribed in Article 7 of this Decree.
3. Prepare four sets of documents for dangerous goods to be transported (one set sent to the dangerous goods transporter; one set sent to the handler of dangerous goods; one set sent to the driver or captain or inland waterway vessel operator; one set retained by the person hiring transportation services). The documents include: A shipping note clearly stating: Name of dangerous goods, code number, group type, total weight, type of packaging, number of packages, date of production, place of production; name and address of the person hiring transportation services and the consignee.
4. Notify the transporter in writing about requirements to be implemented during transportation, instructions for handling in case of accidents or incidents, including situations where there is an escort.
5. Organize or hire units with the function of training safety for dangerous goods for escorts, handlers, and warehouse keepers as prescribed in Article 8 of this Decree. Appoint an escort if dangerous goods require a mandatory escort.
6. Equip escorts, warehouse keepers, and handlers of dangerous goods with full protective gear as prescribed.
Article 32. 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 according to regulations.
3. Comply fully with notifications from the cargo owner and the provisions set forth in the Dangerous Goods Transportation Permit.
4. Affix hazard symbols on the transportation means for the type or group of dangerous goods being transported according to 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 having a valid Dangerous Goods Transportation Permit for the specified type, group, or name of goods requiring a permit, with hazard symbols and warnings.
7. Only transport 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 through important bridges or tunnels less than 100 meters long, or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.
9. Have contingency plans for oil spills when transporting gasoline or oil on inland waterways.
10. Organize training or hire units with the function of training safety for dangerous goods for the drivers according to Article 8 of this Decree.
Article 33. Regarding the driver and escort
1. Comply with the provisions in the Permit and only organize the transportation of dangerous goods when: Having a valid Dangerous Goods Transportation Permit for the specified type, group, or name of goods requiring a permit; the vehicle, packaging, and containers have complete hazard symbols and warnings.
2. Implement instructions in the notification from the cargo owner of dangerous goods and instructions from the dangerous goods transporter.
3. Follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances prone to spontaneous combustion, liquid or solid explosives through important bridges or tunnels or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.
4. The driver must carry the dangerous goods transportation file provided by the cargo owner, a valid Dangerous Goods Transportation Permit for the specified type, group, or name of goods requiring a permit, a certificate of completion of dangerous goods safety training appropriate to the type or group of dangerous goods being transported, special qualifications certificates (applicable to captains or drivers of inland waterway vessels), and other types of documents as prescribed by law; protect dangerous goods during transportation when there is no escort.
5. Take measures to eliminate or limit the harmful effects of dangerous goods; prepare a report and notify the People's Committee of the nearest commune and relevant agencies to handle promptly when dangerous goods incidents occur, posing a threat to people, vehicles, the environment, or other goods, or when traffic accidents happen during transportation. In cases exceeding their capacity, immediately inform the transporter and the cargo owner to coordinate and resolve the situation promptly.
6. The captain or driver of an inland waterway vessel is responsible for assigning crew members to guide and supervise the loading and unloading of dangerous goods on the vessel.
7. Follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances prone to spontaneous combustion, liquid or solid explosives through important bridges or tunnels less than 100 meters long, or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.
8. The escort must carry a certificate of completion of dangerous goods training appropriate to the type or group of dangerous goods being transported.
Chapter VI
IMPLEMENTING PROVISIONS
Article 34. Effective Date
1. This Decree takes effect from May 15, 2024, and replaces Government Decree No. 42/2020/NĐ-CP dated April 8, 2020, which stipulates the list of dangerous goods and the transportation of dangerous goods by road motor vehicles and inland waterway transportation.
2. Organizations and individuals who have been issued a Dangerous Goods Transportation Permit before the effective date of this Decree may continue to use it without needing to reissue until its expiration or until reissuance.
Article 35. Responsibility for Implementation
Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related individuals and units are responsible for implementing this Decree./.
DEPUTY PRIME MINISTER
VICE-PRESIDENT OF THE GOVERNMENT
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