Circular No. 37/2020/TT-BCT stipulates the List of dangerous goods that must be packed during transportation and the transportation of dangerous goods by road, rail, and inland waterway motor vehicles.

 CIRCULAR

Regulations on the list of dangerous goods that must be packed during transportation and transportation of dangerous goods by road, rail, and inland waterway motor vehicles

transportation and carriage of dangerous goods by road, rail, and inland waterway motor vehicles

3. Emergency response plans or instructions for handling incidents must be carried along during the transportation of dangerous goods and managed and kept in a visible location in the driver's cabin of the transport vehicle.

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 42/2020/NĐ-CP dated April 8, 2020 of the Government stipulating the List of Dangerous Goods, transportation of dangerous goods by road motor vehicles, and transportation of dangerous goods on inland waterways;

Pursuant to Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing certain provisions of the Law on Railways;

At the proposal of the Director of the Department of Safety Technology and Industrial Environment;

The Minister of Industry and Trade issues this Circular stipulating the List of dangerous goods that must be packed during transportation and transportation of dangerous goods by road, rail, and inland waterway motor vehicles.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the List of dangerous goods that must be packed during transportation; requirements for packing and containers for dangerous goods; emergency response plans and training for persons involved in the transportation of dangerous goods by road, rail, and inland waterway motor vehicles under the management responsibility of the Ministry of Industry and Trade as provided for in Article 24 of Decree No. 42/2020/NĐ-CP.

Article 2. Applicability

This Circular applies to organizations and individuals conducting activities related to the transportation of dangerous goods and organizations and individuals related to the transportation of dangerous goods by road, inland waterway, and rail motor vehicles within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. "Packing dangerous goods" means using technical operations to contain dangerous goods in suitable containers that have been registered and announced according to standards.

2. "Container" refers to packaging bags, bottles, boxes, tanks, reservoirs, or containers used to contain and transport dangerous goods. Containers for dangerous goods include the following types:

a) "Small package" (symbol P) is a container with a capacity of up to 450 liters of water or a weight capacity of up to 400 kilograms.

b) "Large package" (symbol LP) is a container with a capacity greater than 450 liters of water or a weight capacity greater than 400 kilograms but with a volume capacity less than 3 cubic meters.

c) "Intermediate bulk container" (IBC), including:

- Metal tank with a maximum capacity of up to 3 cubic meters for liquid or solid goods.

- Wooden, plastic, or paper tank with a maximum capacity of up to 1.5 cubic meters for solid goods.

d) "Inner pack" (also called direct pack) is a container that directly contacts the goods, fully performing the function of containing the goods without requiring any additional packaging.

đ) "Outer pack" is a container that contains the inner pack along with absorbent materials and cushioning to provide protection for the inner pack during transportation.

e) "Combined pack" is a container consisting of one or more inner packs attached or fixed inside an outer pack.

g) "Specialized tank or reservoir" is a container (tank/reservoir system) installed on a transport vehicle, including:

- Container with a capacity greater than 1 cubic meter or tank-container (tank-container) with a capacity greater than 3 cubic meters containing Class 3 dangerous goods with a flash point not exceeding 60°C (type FL, details see Appendix III).

- Container with a capacity greater than 1 cubic meter or tank-container (tank-container) with a capacity greater than 3 cubic meters containing other types of dangerous goods except type FL (type AT, details see Appendix III).

h) "Container" is a box-type container with a capacity greater than 1 cubic meter used to contain and transfer various types of goods that have been completely packaged.

3. "Bulk cargo" is goods that have not been packed.

4. "Packaging level" is determined based on the degree of danger of the packed goods (symbol PG I, PG II, PG III).

Chapter II. LIST, REQUIREMENTS FOR PACKAGING AND CONTAINERS FOR DANGEROUS GOODS AND TRANSPORTATION OF DANGEROUS GOODS

Article 4. List of dangerous goods that must be packaged during transportation

The list of dangerous goods that must be packaged during transportation is the list specified in Appendix I of this Circular (hereinafter referred to as the List).

Article 5. Requirements for hazard symbols and warning signs

The size, symbol, color of hazard symbols and warning signs shall comply with the provisions of Article 7, Appendix I and Appendix III of Decree No. 42/2020/NĐ-CP.

Article 6. Requirements for packaging dangerous goods

1. Except for dangerous goods of Class 2, solid and liquid dangerous goods are packaged according to three levels specified in Column 6 of the List as follows:

a) Very hazardous level indicated by number I (PGI).

b) Hazardous level indicated by number II (PG II).

c) Low hazardous level indicated by number III (PG III).

Specific provisions on packaging levels are set out in Appendix II of this Circular.

2. The packaging code of dangerous goods is specified in Column 9 of the List. Requirements regarding materials, packaging conditions, and detailed packaging specifications for dangerous goods corresponding to each packaging code are stipulated in Appendix III of this Circular.

3. Organizations producing or transporting dangerous goods must package dangerous goods in accordance with this Circular, relevant national technical standards that have been promulgated, and other legal documents specifically regulating the packaging and transportation of dangerous goods.

Article 7. Requirements for inspection, testing, and technical safety examination of containers

1. Containers for dangerous goods must be inspected, tested, and technically examined before packaging in accordance with current laws.

2. Pressure-bearing containers listed in the List of machinery and equipment with strict requirements for labor safety must undergo technical safety examinations for labor safety in accordance with regulations.

Article 8. Dangerous goods requiring mandatory escort personnel

Mandatory escort personnel are required for the transportation of dangerous goods exceeding the quantity specified in Column 7 of the List.

Article 9. Emergency Response Plan

1. Transportation of dangerous goods exceeding the quantity specified in Column 7 of the List requires the establishment of an emergency response plan; the contents of the emergency response plan are specified in Appendix IV of this Circular.

2. In cases where dangerous goods are transported without falling under Paragraph 1 of this Article, there must be instructions for handling spills, leaks, or explosions of the goods being transported.

3. The emergency response plan or instructions for handling incidents must be carried along during the transportation of dangerous goods and managed and kept in a visible location in the driver's cabin of the transport vehicle.

4. The driver of the transport vehicle and the escort personnel must understand the contents of the emergency response plan or instructions for handling incidents, perform emergency procedures, and skillfully use firefighting, spill, and leak control equipment. Before each transportation of dangerous goods, the driver must check and inspect warning and incident control equipment.

4. The driver and escort of the transport vehicle must thoroughly understand the contents of the emergency response plan or instructions for handling incidents, perform emergency procedures, and skillfully use equipment to handle fire, spillage, and leakage incidents. Prior to each transportation of dangerous goods, the driver must inspect and check warning and incident response equipment.

4. The driver of the transport vehicle and the escort must thoroughly understand the content of the emergency response plan or instructions for handling incidents, perform the procedures for emergency response, and skillfully use equipment to handle fire, spill, and leakage incidents. Prior to each transportation of dangerous goods, the driver must inspect and check warning and incident handling equipment.

Chapter III. PROVISIONS ON TRAINING

Article 10. Objectives, contents, forms, and duration of training

1. Training objects: Drivers of vehicles, warehouse keepers, escorts, loaders/unloaders when participating in the transportation of dangerous goods.

2. Contents of training

a) Relevant legal regulations concerning the transportation of dangerous goods.

b) Characteristics of dangerous goods to be transported; warning signs on vehicles carrying such goods.

c) Requirements for transport vehicles, packaging, and containers for dangerous goods.

d) Safety in loading, unloading, and transporting dangerous goods; measures and procedures to be taken in case of accidents or incidents during transportation.

đ) Emergency response plans.

3. Forms and duration of training

a) Forms of training

- Initial training.

- Periodic training: every two years.

- Refresher training: to be conducted when there is a change in the dangerous goods being transported, or when employees have been absent from work for six months or more, or when they fail to meet the required standards upon inspection.

b) Duration of training

- Initial training: at least sixteen hours, including examination time.

- Periodic training: half the duration of initial training.

- Refresher training: at least twelve hours, including examination time.

c) Dangerous goods transportation training may be organized separately or combined with other safety training activities as prescribed by law.

Article 11. Qualifications of trainers

Trainers for drivers, warehouse keepers, escorts, loaders/unloaders involved in the transportation of dangerous goods must hold a bachelor's degree or higher and have at least five years of relevant work experience in their field.

Article 12. Evaluation of training results and retention of training records

1. The carrier or organizations hired by the carrier to conduct training shall be responsible for assessing the training results of motor vehicle drivers.

2. The party hiring the carrier or organizations hired by the party to conduct training shall be responsible for assessing the training results of escorts, loaders/unloaders, and warehouse keepers.

3. Provisions on assessment

a) Assessment content must align with the training content.

b) A passing grade requires an average score or higher.

4. Within fifteen working days following the completion of training, the carrier or training organization shall issue a decision recognizing the training results for the transportation of dangerous goods and issue a Certificate of Completion of the training program.

5. Training records include:

a) Training materials.

b) List of trainees with their personal information and signatures confirming participation in training according to Model VI.

c) Information about the trainer including: full name, date of birth, ID number/passport number, occupation, place of employment.

d) Content and results of the training assessment.

đ) Decision recognizing the assessment results according to Model VII.

6. Carriers of dangerous goods are responsible for retaining complete training records as stipulated in Clause 5 of this Article for motor vehicle drivers and to present them upon request by state management agencies.

7. Parties hiring carriers of dangerous goods are responsible for retaining complete training records as stipulated in Clause 5 of this Article for escorts, loaders/unloaders, and warehouse keepers and to present them upon request by state management agencies.

8. The Certificate of Completion of the training program according to Model V is valid for a period of two years.

Chapter IV. IMPLEMENTATION ORGANIZATION

Article 13. Implementation Organization

1. The Department of Safety Technology and Industrial Environment shall be responsible for guiding and inspecting the implementation of this Circular.

2. Departments of Industry and Trade of provinces and centrally governed cities shall be responsible for:

a) Popularizing and guiding organizations and individuals transporting dangerous goods within their jurisdiction to comply with the provisions of this Circular.

b) Inspecting the training work for drivers of road motor vehicles, escorts, loaders/unloaders, and warehouse keepers within their management scope.

3. Transporters, transporters' employers, and organizations conducting dangerous goods transportation training shall be responsible for:

a) Organizing training or hiring organizations to conduct dangerous goods transportation training in accordance with the program and content stipulated in this Circular.

b) Ensuring that trainers meet the standards prescribed in Article 11 of this Circular.

c) Transporters and transporters' employers must fully comply with the regulations on dangerous goods transportation stipulated in this Circular and related legal documents.

Article 14. Implementation clause

1. This Circular takes effect from the date of  month  year 2021 and replaces Circular No. 44/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade regarding the List of Dangerous Industrial Goods Required to Be Packaged During Transportation and Road, Rail, and Inland Waterway Transportation of Dangerous Industrial Goods.

2. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, the provisions of the amended, supplemented, or replaced legal normative documents shall apply.

3. Certificates of technical safety training for dangerous goods transportation issued before the effective date of this Circular remain valid until their expiration date.

4. In case issues arise or difficulties occur during implementation, organizations and individuals should report to the Ministry of Industry and Trade for timely consideration and resolution./.