Circular No. 35/2010/TT-BCA on the issuance of permits for the transportation of industrial explosives and dangerous goods

CIRCULAR

Provisions on Issuing Permits for Transporting

Industrial Explosives and Hazardous Goods

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Pursuant to Decree No. 29/2005/NĐ-CP dated March 10, 2005 on the list of dangerous goods and the transportation of dangerous goods on inland waterways;

Pursuant to Decree No. 109/2006/NĐ-CP dated September 22, 2006 detailing and guiding the implementation of certain provisions of the Law on Railways;

Pursuant to Decree No. 39/2009/NĐ-CP dated April 23, 2009 on industrial explosives;

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

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

The Ministry of Public Security stipulates provisions on issuing permits for transporting industrial explosives and hazardous goods as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the conditions, documents, procedures, and authorities for issuing permits for transporting industrial explosives and hazardous goods as prescribed in Decree No. 29/2005/NĐ-CP dated March 10, 2005 on the list of dangerous goods and the transportation of dangerous goods on inland waterways (Decree No. 29/2005/NĐ-CP), Decree No. 109/2006/NĐ-CP dated September 22, 2006 detailing and guiding the implementation of certain articles of the Law on Railways (Decree No. 109/2006/NĐ-CP), Decree No. 39/2009/NĐ-CP dated April 23, 2009 on industrial explosives (Decree No. 39/2009/NĐ-CP), and Decree No. 104/2009/NĐ-CP dated November 9, 2009 on the list of dangerous goods and the transportation of dangerous goods by road transport vehicles (Decree No. 104/2009/NĐ-CP).

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals involved in transporting industrial explosives and hazardous goods by road, rail, and inland waterway transport.

2. This Circular does not apply to cases of transporting industrial explosives and hazardous goods for national defense and security purposes and internal transportation.

Article 3. Explanation of Terms

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

1. Industrial explosives include: industrial explosives, new industrial explosives, and explosive precursors as defined in Decree No. 39/2009/NĐ-CP; hazardous goods category 1 as defined in Clause 1, Article 23 of Decree No. 109/2006/NĐ-CP, Clause 1, Article 4 of Decree No. 29/2005/NĐ-CP, and Clause 1, Article 4 of Decree No. 104/2009/NĐ-CP.

2. Hazardous goods include: hazardous goods categories 2, 3, 4, and 9 as defined in Clause 1, Article 23 of Decree No. 109/2006/NĐ-CP, Clause 1, Article 4 of Decree No. 29/2005/NĐ-CP, and Clause 1, Article 4 of Decree No. 104/2009/NĐ-CP.

Chapter II

CONDITIONS, DOCUMENTS, AND PROCEDURES FOR ISSUING PERMITS FOR TRANSPORTING INDUSTRIAL EXPLOSIVES

Article 4. Conditions for Issuing Permits for Transporting Industrial Explosives

Conditions for issuing permits for transporting industrial explosives include:

1. Being an economic organization established in accordance with the law, having registered business operations in the transportation sector or having a production, business, or use permit for industrial explosives; possessing a certificate of compliance with security and public order conditions issued by the competent authority, and having emergency response plans for fire and explosion incidents during transportation.

2. Escorts and drivers of vehicles transporting industrial explosives must meet the following conditions:

a) At least 18 years old, with a clear background, no criminal record; (the personal history statement must be confirmed by the People's Committee of the commune, ward, town where they reside or their workplace); having a driver's license, ship's license, or relevant professional qualification certificate corresponding to the vehicle registered for transportation (for drivers);

b) Having a certificate of fire prevention and firefighting training issued by the competent fire prevention and firefighting rescue authority; having a certificate of training on industrial explosives knowledge and safety measures when handling industrial explosives issued by the competent state management authority for industrial explosives.

3. Vehicles transporting industrial explosives must meet the following conditions:

a) Meeting the requirements to participate in traffic according to the law on road, railway, and inland waterway traffic; having a certificate of compliance with hazardous goods transportation conditions issued by the inspection authority;

b) Complying with the technical regulations set forth in Technical Regulation QCVN 02:2008/BCT - National Technical Regulations on Safety in Storage, Transportation, Use, and Disposal of Industrial Explosives;

c) Meeting the fire prevention and firefighting safety conditions as stipulated in Article 12 of Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing the implementation of certain articles of the Law on Fire Prevention and Fighting.

Article 5. Documents and procedures for issuing permits to transport industrial explosives

1. In case of transportation within the country

a) Application for registration of transportation;

b) Introduction letter from the agency or unit applying for the transportation permit; present identity card or passport of the person handling the permit issuance procedure;

c) Copy of the purchase and sale contract, supply contract for industrial explosives or authorization document for industrial blasting tests (in case of transporting for industrial blasting tests) or decision on the destruction of industrial explosives (in case of transporting for destruction) issued by the competent authority (together with the original for verification);

d) Copy of financial invoice or cargo notification or warehouse release order (together with the original for verification);

đ) Copy of the inspection record by the authorized Fire Prevention, Firefighting and Rescue Agency regarding the conditions for transporting industrial explosives of the escort personnel, vehicle drivers, and transportation vehicles (together with the original for verification);

e) Copy of the transportation contract (if required to hire transportation services), together with the original for verification;

g) Copy of the registration certificate for quantity, type, and time of receipt issued by the direct management agency of the industrial explosives storage facility to which the explosives are transported or authorization document for unloading location issued by the People's Committee of the province or centrally governed city (together with the original for verification);

h) Copy of the industrial explosives usage permit or document from the competent authority authorizing the import of industrial explosives (together with the original for verification).

2. In case of transportation abroad

a) Copy of the document from the competent authority authorizing export or transportation of industrial explosives from Vietnam to foreign countries (together with the original for verification);

b) The documents specified in points a, b, c, d, đ, e of Clause 1 of this Article.

3. In case of adjustment of the transportation permit for industrial explosives

a) A letter requesting adjustment of the content of the permit for transporting industrial explosives;

b) A copy of the permit for transporting industrial explosives (accompanied by the original for verification).

Article 6. Competence and time limit for issuing permits to transport industrial explosives

1. The Director of the Fire Prevention, Firefighting and Rescue Police Department shall be responsible before the Minister for organizing the issuance and adjustment of transportation permits for industrial explosives for cases of transportation abroad and other special cases as required by the competent authority.

2. The Director of the Provincial Fire Prevention, Firefighting and Rescue Police Department; the Director of the Provincial Public Security Department under centrally governed cities shall be responsible before the Minister for directing the Provincial Fire Prevention, Firefighting and Rescue Police Department to issue and adjust transportation permits for industrial explosives for agencies and units in need; in cases where the Fire Prevention, Firefighting and Rescue Police Department at the place where the industrial explosives are transported from or the place where the managing organization of the transportation vehicle has its headquarters issues and adjusts the transportation permit, there must be a confirmation document about the receiving conditions of the Fire Prevention, Firefighting and Rescue Police Department at the receiving storage facility.

3. The authorized Fire Prevention, Firefighting and Rescue Police Department shall be responsible for resolving the issuance of transportation permits for industrial explosives within a period not exceeding three working days from the date of receipt of complete and valid documents; in cases where the conditions for issuing the permit are not met, they must provide a response stating the reasons clearly.

Article 7. Validity of the Explosive Materials Transportation Permit

1. The Explosive Materials Transportation Permit is only valid for one transportation trip and must be returned to the issuing authority within seven days from the completion of the transportation; in cases where large quantities of explosive materials require transportation using multiple vehicles in the same trip, only one transportation permit will be issued; if different types of means of transport (road, rail, waterway) are used, a separate transportation permit must be issued for each type of vehicle.

2. In case of encountering force majeure incidents during transportation that prevent the transportation from being carried out according to the time and route specified in the permit, or necessitate changing the means of transport, escort personnel, or vehicle operators, a written confirmation from the police authority at the commune level or higher regarding such force majeure incidents must be obtained before continuing the transportation.

3. If the route or time registered in the Explosive Materials Transportation Permit overlaps with the period during which there is a prohibition on transporting explosive materials issued by the competent authority, the provisions of such prohibition must be followed.

4. When there is a requirement to ensure national security, public order, and social safety in national-level activities or in areas with special requirements for ensuring security and public order, the Fire Prevention, Firefighting, and Rescue Police Bureau decides or delegates the Fire Prevention, Firefighting, and Rescue Police Department or the Fire Prevention, Firefighting, and Rescue Police Office under the provincial or centrally-administered city Public Security Department to issue a decision to temporarily suspend the issuance of transportation permits or the effectiveness of Explosive Materials Transportation Permits.

Article 8. Requirements for Organizations and Individuals Managing Warehouses and Receiving Sites for Explosive Materials

1. Adhere strictly to regulations concerning the assurance of security, public order, and social safety, as well as fire prevention and firefighting for warehouses storing explosive materials and receiving sites for explosive materials.

2. Conduct inventory checks of explosive materials stored in warehouses in accordance with regulations; register in writing the quantity, type, and receipt time of explosive materials to be transported.

3. Only accept explosive materials based on the Explosive Materials Transportation Permit issued by the authorized Fire Prevention, Firefighting, and Rescue Police agency.

4. In cases where explosive materials are loaded or unloaded at infrequent loading and unloading locations or at railway stations, wharfs, and other public places, a written permit from the People's Committee of the province or centrally-administered city must be obtained.

Article 9. Signaling Means of Transport for Explosive Materials

1. Road and rail means of transport carrying explosive materials: must affix or attach a sign with the letter M according to model VC05 issued together with this Circular to the front windshield and both sides of the means of transport throughout the transportation process.

2. Waterway means of transport: during the day, must fly a signal flag with the letter B, and at night, must have a red light signal as prescribed by the Ministry of Transport throughout the transportation process.

Chapter III

Article 10. Conditions for Hazardous Goods Transport Vehicles

DANGEROUS GOODS TRANSPORT PERMITS

Article 10. Hazardous goods transport vehicles

Hazardous goods transport motor vehicles must be powered by internal combustion engines or explosion-proof motors and must meet the following conditions:

1. The vehicle's engine must be isolated from the cargo compartment with non-combustible materials or a buffer (cargo) space.

2. The exhaust pipe of the engine must be placed in a closed position or shielded to ensure fire and explosion safety.

3. The electrical system (including battery) must be ensured not to generate sparks; wires must have the correct cross-sectional area, good insulation, and copper cores, except for wires connected to the battery.

4. The floor and structure of the cargo compartment must be made of non-flammable materials that do not generate sparks due to friction.

5. Measures must be taken to protect against rain and sun.

6. Grounding cables must be provided for vehicles transporting flammable and explosive liquids.

7. Markings and signs must be affixed according to regulations for dedicated hazardous goods transport vehicles.

8. Firefighting equipment must be installed according to regulations. For tank trucks transporting liquefied petroleum gas, they must comply with the provisions of the Vietnamese Standard TCVN 6484:1999 "Liquefied Petroleum Gas - Tank Trucks - Safety Requirements for Design, Manufacturing, and Use."

Article 11. Documents, Procedures, Authority, and Time Limit for Issuing Permits for Hazardous Goods Transport

1. Documents and procedures for issuing permits for hazardous goods transport

a) Application for issuance of a hazardous goods transport permit;

b) Certificate of compliance with conditions for hazardous goods transport for motorized traffic vehicles issued by the inspection authority;

c) Inspection report on fire prevention and firefighting conditions for vehicles not subject to certification under point b, Clause 1, Article 10 of this Decree;

d) Certificates of fire prevention and firefighting training for drivers and escorts; certificates of technical safety training for hazardous goods for drivers, escorts, and warehouse keepers;

đ) Certificate of packaging and container inspection for hazardous goods according to the regulations of the relevant ministries (if applicable).

2. The Director of the Department of Fire Prevention, Firefighting, and Rescue; the Director of the Provincial Police Department, or the Municipality directly under the Central Government shall be responsible before the Minister for directing the Fire Prevention, Firefighting, and Rescue Police Department of the Provincial Police Department, or the Municipality directly under the Central Government to organize the issuance of hazardous goods transport permits for organizations and individuals residing or having offices within their jurisdiction.

The time limit for issuing a hazardous goods transport permit shall not exceed three working days from the date of receipt of complete and valid documents; if the conditions for issuing the permit are not met, a response must be given stating the reasons.

Article 12. Validity of Hazardous Goods Transport Permit; Signaling of Hazardous Goods Transport Vehicles

1. The hazardous goods transport permit is valid once for vehicles with single-trip transport contracts; it is valid for twelve months for dedicated hazardous goods transport vehicles.

2. Road and rail hazardous goods transport vehicles must affix the Fire and Explosion Hazardous Goods Emblem VC07 issued together with this Circular on the front windshield and both sides of the transport vehicle throughout the transportation process.

Waterway hazardous goods transport vehicles must fly a flag with the letter "B" during the day and display a red light signal according to the model prescribed by the Ministry of Transport throughout the transportation process at night.

Chapter IV

IMPLEMENTATION

Article 13. Effective Date

1. This Circular takes effect from November 25, 2010.

2. This Circular issues accompanying forms for implementing the issuance of permits and implementing regulations on the transport of industrial explosives and hazardous goods:

a) Form VC01 (Inspection Report on Conditions for Industrial Explosives Transport);

b) Form VC02 (Certificate of Registration for Receiving Industrial Explosives);

c) Form VC02A (Registration for Receiving Industrial Explosives);

d) Form VC03 (Registration for Transporting Industrial Explosives);

đ) Form VC04 (Permit for Transporting Industrial Explosives);

e) Form VC05 (Signaling of Industrial Explosives Transport Vehicles);

g) Form VC06 (Permit for Transporting Hazardous Goods);

h) Form VC07 (Hazardous Goods Emblem);

i) Form VC08 (Application for Issuance of Hazardous Goods Transport Permit).

3. Abolish Section VIII of Circular No. 04/2004/TT-BCA dated March 31, 2004, of the Ministry of Public Security guiding the implementation of Decree No. 35/2003/NĐ-CP dated April 4, 2003, detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Director General of the General Administration of Administrative Police for Public Order and Social Safety is responsible for organizing the implementation and directing, guiding, and inspecting the implementation of this Circular.

2. The Heads of General Departments, Heads of Units under the Ministry of Public Security, Directors of Provincial Police Departments, or Municipalities directly under the Central Government, Directors of Departments of Fire Prevention, Firefighting, and Rescue shall be responsible for implementing this Circular.

During the implementation process, if any difficulties arise, local police units shall report to the Ministry of Public Security (through the General Administration of Public Order Management and Social Safety) for timely guidance./.