Decree No. 42/2020/NĐ-CP on the List of Dangerous Goods and Transporting Dangerous Goods by Road Motor Vehicles and Inland Waterways

DECREE

Specifies the List of Dangerous Goods, transportation of dangerous goods by road motor vehicles and inland waterway transportation of dangerous goods.

Dangerous goods inland waterway transportation

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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 Environmental Protection Law on June 23, 2014;

Pursuant to the Atomic Energy Law dated June 3, 2008;

Based on the Chemicals Law dated June 29, 2018;

Based on the Inland Waterways Traffic Law dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Inland Waterways Traffic Law dated June 17, 2014;

At the proposal of the Minister of Transport,

The Government issues this Decree to regulate the List of Dangerous Goods, transportation of dangerous goods by road motor vehicles and inland waterway transportation of dangerous goods.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the List of Dangerous Goods, transportation of dangerous goods, issuance of Dangerous Goods Transportation Permit by road motor vehicles and inland waterway transportation of dangerous goods.

2. For radioactive material transportation activities, in addition to implementing this Decree, they must also comply with the Atomic Energy Law regulations.

3. For industrial explosives transportation activities, in addition to implementing this Decree, they must also comply with the Government's regulations on industrial explosives.

4. For transportation of dangerous goods for security and defense purposes of armed forces, it shall be carried out according to the regulations of the Minister of Public Security and the Minister of National Defense.

5. For dangerous goods that are environmentally hazardous waste, in addition to the provisions of this Decree, they must also comply with the Environmental Protection Law regulations.

6. In cases where there are different provisions between this Decree and the regulations on atomic energy, industrial explosives, environmental protection, support tools, fire prevention and firefighting, the regulations on atomic energy, industrial explosives, environmental protection, and support tools shall apply.

Article 2. Applicability

1. This Decree applies to organizations and individuals, both domestic and foreign, related to the transportation of dangerous goods by road motor vehicles and inland waterway transportation of dangerous goods within the territory of the Socialist Republic of Vietnam.

2. The Prime Minister decides on the application of special regimes and measures for the transportation 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 having relevant international treaties with Vietnam.

Article 3. Explanation of Terms

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

1. Dangerous substances are those substances or mixtures in gaseous, liquid, or solid form capable of causing harm to human life and health, the environment, national safety, and security.

2. Dangerous goods (dangerous cargo) are goods containing dangerous substances when transported by road or inland waterway, capable of causing harm to human life and health, the environment, national safety, and security.

3. Carrier is an organization or individual using road motor vehicles or inland waterway vessels to transport dangerous goods.

4. Charterer is an organization or individual entering into a dangerous goods transportation contract by road or inland waterway with the carrier.

5. Handler of dangerous goods is an organization or individual performing loading and unloading of dangerous goods on road motor vehicles or inland waterway vessels or at warehouses or storage areas for dangerous goods.

6. Recipient of dangerous goods is an organization or individual named as the consignee on the dangerous goods transport (transportation) document.

7. Vehicle operator is the driver of the automobile or the captain, operator of the inland waterway vessel.

8. Escort is an individual employed by the charterer (or shipper) to perform the escort duty of dangerous goods throughout the transportation process.

 

Chapter II

CLASSIFICATION, LIST, PACKAGING AND LABELLING

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 4. Classification of Dangerous Goods

1. Depending on their chemical and physical properties, dangerous goods are classified into 9 types and subtypes as follows:

Type 1. Explosives and articles with explosive characteristics.

Subtype 1.1: Explosives with mass explosion hazard.

Subtype 1.2: Explosives with projection hazard but not a mass explosion hazard.

Subtype 1.3: Explosives with fire hazard and minor blast hazard or minor projection hazard or both, but not a mass explosion hazard.

Subtype 1.4: Explosives with a very insensitive detonating or blasting material.

Subtype 1.5: Very insensitive explosives with a mass explosion hazard.

Subtype 1.6: Extremely insensitive articles without a mass explosion hazard.

Type 2. Gases.

Subtype 2.1: Flammable gases.

Subtype 2.2: Non-flammable, non-toxic gases.

Subtype 2.3: Toxic gases.

Type 3. Flammable liquids and desensitized liquid explosives.

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 emit flammable gases when in contact with water.

Type 5.

Subtype 5.1: Oxidizing substances.

Subtype 5.2: Organic peroxides.

Type 6.

Subtype 6.1: Toxic substances.

Subtype 6.2: Infectious substances.

Type 7: Radioactive materials.

Type 8: Corrosive substances.

Type 9: Miscellaneous dangerous substances and articles.

2. Packages and containers of dangerous goods that have not been cleaned inside and out after unloading the 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, along with the United Nations number and danger symbol specified in Appendix I of this Decree.

2. The degree of danger of each substance in the list of dangerous goods is indicated by the danger symbol with a group having 2 to 3 digits as 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 standards (TCVN) or national technical regulations (QCVN) corresponding to the type of goods.

For types and subtypes of dangerous goods that do not have national standards or national technical regulations, they shall be implemented according to the provisions of the specialized management ministry or apply international standards and technical regulations published by the specialized management ministry.

2. The specialized management ministry announces international standards regarding packaging, containers, and packing of dangerous goods applicable to types and subtypes of dangerous goods managed by the ministry.

Article 7. Marking, Hazard Symbols, and Warning Signs

1. The marking of dangerous goods is carried out in accordance with the Government's regulations on product labeling.

2. On the outside of each package and container of dangerous goods, there must be a hazard symbol and warning sign affixed at a position easily visible. The size, symbol, and color of the hazard symbol follow the model specified in Section 1 of Appendix III of this Decree.

3. The warning sign is rectangular and orange in color, with the UN number (United Nations number) marked in the center. The size of the warning sign follows the model specified in Section 2 of Appendix III of this Decree. The warning sign is affixed below the hazard symbol.

Chapter III

TRANSPORTATION OF DANGEROUS GOODS

Section 1

TRANSPORTATION OF DANGEROUS GOODS BY MEANS

OF MOTOR VEHICLES ON ROADS

Article 8. Requirements for persons involved in transporting dangerous goods

1. The driver of the vehicle transporting dangerous goods must be trained and issued with a Certificate of Completion of the training program in accordance with the regulations.

2. Warehouse keepers, escorts, loaders, and unloaders of dangerous goods must be trained and issued with a Certificate of Completion of the training program specific to the type of dangerous goods they are responsible for escorting, loading, unloading, or storing in accordance with the regulations.

Article 9. Requirements 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 technical standards or national technical regulations or as stipulated by the specialized management ministry.

2. Vehicles transporting dangerous goods must affix hazard labels. If there are multiple types of dangerous goods on the same vehicle, the vehicle must affix all relevant hazard labels. The labels must be affixed on both sides and at the rear of the vehicle.

3. After unloading all 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 from the vehicle. Cleaning and removal of hazard labels on the vehicle must be carried out according to the specified procedures and at designated locations.

Article 10. Loading and unloading dangerous goods onto vehicles and storage in warehouses

1. Organizations and individuals involved in loading and unloading dangerous goods onto transportation vehicles and storing them in warehouses and yards must strictly follow the instructions on preservation, 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 warehouse keepers, cargo owners, or escorts. Different types of dangerous goods that may interact and increase the level of danger must not be loaded together in the same vehicle. For types and groups of dangerous goods that must be stored separately as prescribed, loading and unloading must be conducted in separate areas.

3. In cases where dangerous goods are transported without an escort, the transporter must carry out loading and unloading of 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 in accordance with the specified procedures.

Article 11. Transporting flammable and explosive dangerous goods through tunnels and ferries

1. It is prohibited to transport explosives, gas, gasoline, diesel, and other flammable and explosive materials 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 materials on the same ferry trip.

3. Types of dangerous goods specified in Clause 2, Article 2 of this Decree do not apply Clauses 1 and 2 of this Article.

Section 2

TRANSPORTATION OF DANGEROUS GOODS

ON INLAND WATERWAYS

Article 12. Requirements for persons involved in the transportation of dangerous goods

1. Crew members working on vehicles transporting dangerous goods must be trained and hold special certificates in the transport of dangerous goods according to the regulations of the Minister of Transport.

2. Warehouse managers, escorts, loaders/unloaders of dangerous goods on vehicles and at ports and inland waterway wharfs must be trained and issued with a Certificate of Completion of Training Programs for the type of dangerous goods they escort, load, unload, or store according to the regulations.

Article 13. Requirements for vehicles transporting dangerous goods

1. Vehicles must meet the conditions to participate in traffic as prescribed by law.

2. Vehicles transporting dangerous goods must display hazard markings. If there are multiple types of dangerous goods on a single vehicle, the vehicle must display all relevant hazard markings. The position of the markings shall be on both sides of the vehicle.

3. After unloading all 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 from the vehicle. Cleaning and removal of hazard labels on the vehicle must be carried out according to the specified procedures and at designated locations.

Article 14. Loading and unloading of dangerous goods on vehicles and storage

1. Persons loading and unloading dangerous goods must carry out loading and unloading operations in accordance with the regulations.

2. Loading and unloading of dangerous goods must be directly supervised and guided by warehouse managers, cargo owners, or escorts; the captain decides on the stowage plan for dangerous goods on the vehicle and appropriate securing measures based on the nature of each type or group of dangerous goods. Different types of goods that may interact to increase danger should not be stored together in the same compartment or cargo hold.

3. In cases where dangerous goods are transported without an escort, the transporter must carry out loading and unloading of the goods according to the instructions of the cargo owner.

4. For types or groups of dangerous goods that must be loaded, unloaded, or stored separately, such operations must be carried out in dedicated areas at piers, wharfs, or warehouses.

5. After removing all dangerous goods from storage areas, the storage area must be cleaned to ensure it does not affect other goods according to the prescribed procedures.

Chapter IV

LICENSE FOR THE TRANSPORTATION OF DANGEROUS GOODS

Article 15. Content, format, and validity period of the Dangerous Goods Transportation License

1. Content of the Dangerous Goods Transportation License

a) Name, address, contact phone number of the entity granted the license; name and title of the legal representative;

b) Type and category of dangerous goods;

c) Route and schedule of transportation;

d) Validity period of the license.

In cases where licenses are issued for individual shipments, additional information about the vehicle and the driver must also be included.

2. Format of the Dangerous Goods Transportation License and hazard warning signs are managed and issued by the issuing authority.

3. The validity period of the Dangerous Goods Transportation License for individual shipments or periods is determined based on the request of the dangerous goods transporter but shall not exceed twenty-four months and shall not exceed the service life of the vehicle.

Article 16. Authority to issue Dangerous Goods Transportation Licenses

1. The Ministry of Public Security issues Dangerous Goods Transportation Licenses for categories 1, 2, 3, 4, and 9 as stipulated in Clause 1 of Article 4 of this Decree (excluding plant protection chemicals).

2. The Ministry of Science and Technology issues Dangerous Goods Transportation Licenses for categories 5 and 8 as stipulated in Clause 1 of Article 4 of this Decree.

3. The Ministry of Agriculture and Rural Development issues Dangerous Goods Transportation Licenses for plant protection chemicals.

4. The issuing authority determines the route and time of transportation based on the type and category of dangerous goods as stipulated in Clause 1 of Article 4 of this Decree.

5. Issuance of Dangerous Goods Transportation Licenses for category 7 is carried out in accordance with the Decree on the conduct of radiation work and related support services for nuclear energy applications.

6. Organizations and individuals transporting dangerous goods under any of the following circumstances are exempt from applying for a Dangerous Goods Transportation License 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 fuels 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 toxic chemicals within the types and categories of dangerous goods.

Article 17. Documents for Application to Obtain and Reissue Dangerous Goods Transport Permit

1. The documents for application to obtain Dangerous Goods Transport Permit for Class 5 and Class 8 include:

a) An application form for Dangerous Goods Transport Permit according to the model prescribed in Appendix IV of this Decree;

b) A copy of the Dangerous Goods Transport Business License for road transport by motor vehicles, which must include the type of goods transport business (applicable to entities engaged in goods transport by motor vehicles), or a copy of the Enterprise Registration Certificate or Cooperative Registration Certificate (applicable to entities engaged in inland waterway transport);

c) A copy or original of the list of vehicles participating in transport accompanied by a copy of the safety technical inspection certificate and environmental protection certificate of the transport vehicle still within its validity period issued by the competent authority (applicable in case of transport on a trip basis);

d) A copy or original of the list of drivers operating dangerous goods transport vehicles. In the case of inland waterway transport of dangerous goods, attach a copy of the special professional certificate (applicable in case of transport on a trip basis);

đ) A copy or original of the organization plan for dangerous goods transport, including detailed route, schedule, and emergency response measures for chemical accidents during dangerous goods transport;

e) A copy or original of the Certificate of Compliance with Technical Standards or Test Result Report for packaging materials and containers of dangerous goods according to the regulations of the Minister of Industry and Trade regarding the list of industrial dangerous goods that must be packaged during transport and transport of industrial dangerous goods by road, rail, and inland waterway transport, and other laws on product quality;

2. The documents for issuance of Dangerous Goods Transport Permit for Class 1, Class 2, Class 3, Class 4, and Class 9 include:

a) An application form for Dangerous Goods Transport Permit according to the model prescribed in Appendix IV of this Decree;

b) A copy of the Dangerous Goods Transport Business License for road transport by motor vehicles, which must include the type of goods transport business (applicable to entities engaged in goods transport by motor vehicles), or a copy of the Enterprise Registration Certificate or Cooperative Registration Certificate (applicable to entities engaged in inland waterway transport);

c) A copy or original of the list of vehicles participating in transport accompanied by a copy of the safety technical inspection certificate and environmental protection certificate of the transport vehicle still within its validity period issued by the competent authority (applicable in case of transport on a trip basis);

d) A copy or original of the list of drivers operating dangerous goods transport vehicles. In the case of inland waterway transport of dangerous goods, attach a copy of the special professional certificate (applicable in case of transport on a trip basis);

đ) A copy or original of the organization plan for dangerous goods transport, including detailed route, schedule, and emergency response measures for fire and explosion incidents; A copy or original of the Oil Spill Response Plan (applicable in cases of inland waterway transport of fuel oil);

e) A copy or original of the purchase and supply contract for industrial explosives or a document permitting industrial blasting tests (in case of transport for blasting tests) or a decision to destroy industrial explosives (in case of transport for destruction) issued by the competent authority;

g) A copy or original of the inspection report by the authorized Fire Prevention, Firefighting, Rescue Agency regarding the conditions for transporting industrial explosives for escorts, drivers, and transport vehicles (accompanied by the original for verification);

h) A copy or original of the registration document for quantity, type, and time of receipt from the direct management warehouse of transported industrial explosives or a document permitting the location of loading and unloading industrial explosives issued by the People's Committee of the province or centrally administered city;

i) A copy of the permit to use industrial explosives or a document from the competent authority allowing importation of industrial explosives;

k) A copy or original of a document from the competent authority permitting export or transport of industrial explosives out of Vietnam (in case of transport abroad);

3. The documents for issuance of Dangerous Goods Transport Permit for plant protection chemicals include:

a) An application form for Dangerous Goods Transport Permit according to the model prescribed in Appendix IV of this Decree;

b) A copy of the Dangerous Goods Transport Business License for road transport by motor vehicles, which must include the type of goods transport business (applicable to entities engaged in goods transport by motor vehicles), or a copy of the Enterprise Registration Certificate or Cooperative Registration Certificate (applicable to entities engaged in inland waterway transport);

c) A copy or original of the list of vehicles participating in transport accompanied by a copy of the safety technical inspection certificate and environmental protection certificate of the transport vehicle still within its validity period issued by the competent authority (applicable in case of transport on a trip basis);

d) A copy or original of the list of drivers operating dangerous goods transport vehicles. In the case of inland waterway transport of dangerous goods, attach a copy of the special professional certificate (applicable in case of transport on a trip basis);

đ) A copy or original of one of the following documents: Supply Contract; Financial Invoice for Import and Export of Plant Protection Chemicals;

e) A copy or original of the organization plan for dangerous goods transport, including detailed route and schedule for dangerous goods transport;

4. The documents for reissuing the Dangerous Goods Transport Permit when there is a change in the content of the Permit or if the Permit is lost, damaged, revoked, or confiscated include:

a) An application for reissuance of Dangerous Goods Transport Permit;

b) Documents proving the change in information (in case of changes in content) or documents and materials proving the rectification of violations (in case of revocation or confiscation of the Permit).

Article 18. Procedures and formalities for issuing and reissuing Dangerous Goods Transport Permits

1. Formalities for Issuing Dangerous Goods Transport Permits

a) The dangerous goods carrier submits one set of application documents for a Dangerous Goods Transport Permit in accordance with Clause 1, Clause 2, and Clause 3 of Article 17 of this Decree to the authority issuing the Dangerous Goods Transport Permit.

In case of direct submission: The administrative procedure handling agency checks the components of the dossier and responds immediately when the organization or individual submits the dossier;

In case of submission through postal service or online public service system: Within no more than one working day from the date of receipt of the dossier, the administrative procedure handling agency examines the completeness of the dossier; if the dossier 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.

Specifically for the issuance of Dangerous Goods Transport Permits for type 7, it shall be carried out in accordance with the regulations on conducting radiation work and supporting services for nuclear energy applications;

b) Within five working days from the date of receiving the complete dossier in accordance with regulations, the issuing authority reviews the dossier and issues the Dangerous Goods Transport Permit. 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 Reissuing Dangerous Goods Transport Permits when there are changes related to the contents of the permit or the permit is lost or damaged.

a) The dangerous goods carrier submits one set of application documents for a Dangerous Goods Transport Permit in accordance with Clause 4 of Article 17 of this Decree to the issuing authority. In case the dossier needs to be supplemented or modified, the issuing authority directly informs or notifies in writing or through the online public service system about the required supplements or modifications within one working day from the date of receipt of the dossier;

b) Within three working days from the date of receiving the complete dossier in accordance with regulations, the issuing authority reviews the dossier and issues the Dangerous Goods Transport Permit. 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.

3. Formalities for Reissuing Dangerous Goods Transport Permits in cases where they have been revoked or suspended, in accordance with the provisions of Clause 1 of this Article, accompanied by documents proving that the violations leading to revocation or suspension have been fully rectified.

4. During the operation of transporting dangerous goods, if there are changes in vehicles and vehicle drivers compared to the list in the dossier already issued the Dangerous Goods Transport Permit, the dangerous goods carrier must submit a list attached to the dossier of replacement vehicles and drivers to the issuing authority before implementing transportation.

Within one working day from the date of receiving the notification and dossier from the dangerous goods carrier, the issuing authority checks and issues a written notice of the list of replacement vehicles and drivers. If不同意翻译的结果，要求严格按照原文进行准确的法律术语翻译。特别是在处理特定类型的危险货物运输许可证（如类型7）时，应明确指出其遵循的具体规定。请重新提供准确的翻译，确保完全符合原始文本的意思和格式要求。不允许添加任何解释或修改。

5. The acceptance of applications and issuance of results shall be conducted at the office of the authority issuing the Permit, through the post office, or by other appropriate means in accordance with regulations.

Article 19. Revocation of Dangerous Goods Transport Permit

1. The transporter shall have their Dangerous Goods Transport Permit revoked without time limit in any of the following cases:

a) Providing a copy in the application file that does not match the original or providing false information in the application for the permit;

b) Conducting dangerous goods transport that does not comply with the application file or the Dangerous Goods Transport Permit already issued;

c) Ceasing operations in accordance with the provisions of the law or at the request of the transporter.

2. The authority issuing the Dangerous Goods Transport Permit shall revoke the permit issued by itself and follow the procedures below:

a) Issuing a decision to revoke the permit;

b) Sending the revocation decision to the transporter and must publish the information on the unit's 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 transport activities according to the revocation decision. In case the transporter violates the provisions of point a and point b Clause 1 of this Article leading to the revocation of the permit, the issuing authority will not reissue the permit within one month from the date the revocation decision takes effect. After one month from the date the revocation decision takes effect, if there is a need to continue participating in transport, the transporter must go through the procedures to be reissued the permit as stipulated in Clause 3 of Article 18 of this Decree;

d) Announcing on mass media, on the portal or website of the agency about the revocation of the issued permit.

3. If the transporter is subject to administrative penalty by the competent authority in the form of revoking the Dangerous Goods Transport Permit, they must stop all related activities involving dangerous goods transport according to the administrative violation penalty decision. After the suspension period ends, if there is a need to continue participating in transport, the transporter must go through the procedures to be reissued the permit as stipulated in Clause 3 of Article 18 of this Decree.

Chapter V

IMPLEMENTATION

Article 20. Ministry of Transport

1. Take the lead and coordinate with relevant ministries and sectors in amending and supplementing the list of dangerous goods to be submitted to the Government for issuance.

2. Issue national technical standards on safety technology and environmental protection for inland waterway vessels and road motor vehicles carrying dangerous goods, and fixed equipment (non-detachable) installed on dangerous goods transport vehicles.

3. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transport activities.

Article 21. Ministry of Public Security

1. Manage dangerous goods transport activities; issue Dangerous Goods Transport Permits for types 1, 2, 3, 4, and 9 as prescribed in Clause 1 of Article 4 of this Decree.

2. Take the lead and coordinate with the Ministry of Transport and the Ministry of Industry and Trade in amending and supplementing the list of dangerous goods types 1, 4, and 9 as prescribed in Clause 1 of Article 4 of this Decree.

3. Specify the content, duration, and criteria for training personnel operating vehicles, warehouse keepers, escorts, loaders/unloaders when participating in dangerous goods transport types 1, 4, and 9; specify that dangerous goods types 1, 4, and 9 must have an escort during transport.

4. Specify detailed lists of dangerous goods types 4 and 9 that must be packed during transportation; specify standards and technical regulations for packaging and containers for dangerous goods types 1, 4, and 9 as prescribed in Clause 1 of Article 4 of this Decree.

5. Coordinate with the Ministry of Natural Resources and Environment to issue procedures and locations for cleaning vehicles after transporting dangerous goods; procedures for cleaning after removing all dangerous goods from warehouses or storage areas.

6. Take the lead and coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to dangerous goods transport activities within their jurisdiction.

Article 22. Ministry of Science and Technology

1. Manage the transportation activities of dangerous goods; issue Dangerous Goods Transportation Permits for types 5 and type 8 as prescribed in Clause 1, Article 4 of this Decree.

2. Take the lead and coordinate with the Ministry of Transport to amend and supplement the list of dangerous goods types 5, 7, and 8 as prescribed in Clause 1, Article 4 of this Decree.

3. Specify the content, duration, and standards for training personnel operating vehicles, warehouse keepers, escorts, loaders, and unloaders involved in the transportation of dangerous goods types 5, 7, and 8; specify the types of dangerous goods that must have an escort during transportation.

4. Announce the list of dangerous goods that must be packaged during transportation for types 5, 7, and 8 as prescribed in Clause 1, Article 4 of this Decree.

5. Specify the types of materials used for packaging and containers of dangerous goods on transport vehicles; technical standards and specifications for packaging and containers corresponding to each type of substance and each category of dangerous goods within the authority to issue permits.

6. Coordinate with the Ministry of Natural Resources and Environment to promulgate procedures and locations for cleaning transport vehicles after transporting dangerous goods; procedures for cleaning after all dangerous goods have been removed from warehouses or storage areas.

7. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their respective authorities.

Article 23. Ministry of Health

1. Manage the transportation activities of dangerous goods concerning toxic chemicals used in the medical field and insecticides, disinfectants used in household applications as prescribed in Clause 1, Article 4 of this Decree.

2. Take the lead and coordinate with the Ministry of Transport to amend and supplement the list of dangerous goods related to toxic chemicals, infectious substances used in the medical field, and insecticides, disinfectants used in household applications.

3. Specify the content, duration, and standards for training personnel operating vehicles, warehouse keepers, escorts, loaders, and unloaders involved in the transportation of dangerous goods related to toxic chemicals, infectious substances used in the medical field, and insecticides, disinfectants used in household applications; specify the types of dangerous goods that must have an escort during transportation.

4. Announce the list of dangerous goods that must be packaged during transportation concerning toxic chemicals, infectious substances used in the medical field, and insecticides, disinfectants used in household applications.

5. Specify the types of materials used for packaging and containers of dangerous goods on transport vehicles; technical standards and specifications for packaging and containers corresponding to toxic chemicals, infectious substances used in the medical field, and insecticides, disinfectants used in household applications.

6. Coordinate with the Ministry of Natural Resources and Environment to promulgate procedures and locations for cleaning transport vehicles after transporting dangerous goods; procedures for cleaning after all dangerous goods have been removed from warehouses or storage areas.

7. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their respective authorities.

Article 24. Ministry of Industry and Trade

1. Manage the transportation activities of dangerous goods concerning types 2 and 3, various types of gasoline, natural gas, and other hazardous chemicals and toxic hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree.

2. Take the lead and coordinate with the Ministry of Transport and the Ministry of Public Security to amend and supplement the list of dangerous goods types 2 and 3, various types of gasoline, natural gas, and other hazardous chemicals and toxic hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree; coordinate with the Ministry of Public Security to amend and supplement the list of dangerous goods type 1.

3. Develop regulations concerning various types of gasoline, natural gas, hazardous chemicals, and remaining toxic hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree.

4. Specify the content, duration, and standards for training personnel operating vehicles, warehouse keepers, escorts, loaders, and unloaders involved in the transportation of dangerous goods types 2 and 3, various types of gasoline, natural gas, hazardous chemicals, and remaining toxic hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree; specify the types of dangerous goods that must have an escort during transportation.

5. Provide detailed lists of dangerous goods that must be packaged during transportation; specify technical standards and specifications for packaging and containers for dangerous goods belonging to types 2 and 3, various types of gasoline, natural gas, hazardous chemicals, and remaining toxic hazardous chemicals as prescribed in Clause 1, Article 4 of this Decree.

6. Coordinate with the Ministry of Natural Resources and Environment to promulgate procedures and locations for cleaning transport vehicles after transporting dangerous goods; procedures for cleaning after all dangerous goods have been removed from warehouses or storage areas.

7. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their respective authorities.

Article 25. Ministry of Agriculture and Rural Development

1. Manage the transportation activities of dangerous goods; issue Dangerous Goods Transportation Permits for plant protection chemicals in accordance with regulations.

2. Take the lead and coordinate with the Ministry of Transport to amend and supplement the list of dangerous goods related to plant protection chemicals.

3. Specify the content, duration, and standards for training personnel operating vehicles, warehouse keepers, escorts, loaders/unloaders involved in the transportation of dangerous goods related to plant protection chemicals; specify that dangerous goods must have an escort during transportation when required.

4. Announce the list of plant protection chemicals that must be packaged during transportation.

5. Specify types of materials used for packaging and containers of dangerous goods on transport vehicles; set technical standards and specifications for packaging and containers corresponding to plant protection chemicals.

6. Coordinate with the Ministry of Natural Resources and Environment to promulgate procedures and locations for cleaning transport vehicles after transporting dangerous goods; procedures for cleaning after all dangerous goods have been removed from warehouses or storage areas.

7. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their respective authorities.

Article 26. Ministry of Natural Resources and Environment

1. Take the lead and coordinate with relevant ministries to issue procedures and locations for cleaning vehicles after transporting dangerous goods; procedures for cleaning after removing all dangerous goods from warehouses or storage areas.

2. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their authority.

Article 27. People's Committees of provinces and centrally governed cities

1. Coordinate with relevant ministries and sectors in managing, inspecting, supervising, and handling violations related to the transportation of dangerous goods within their authority.

2. Direct the People's Committees at the district and commune levels to implement the following actions when accidents occur during the transportation of dangerous goods under their jurisdiction:

a) Assist drivers and escorts (if present) in rescuing people, goods, and vehicles;

b) Remove victims from the accident area and organize emergency medical care;

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 safety zones, evacuate residents from affected areas, and report to higher-level People's Committees and other relevant agencies to mobilize necessary forces to handle the situation promptly.

Article 28. For the person hiring transportation services

1. Package goods correctly according to size, weight, and material of packaging and containers based on technical standards for each type of dangerous goods as prescribed.

2. External packaging must have product labels, hazard symbols, and warning signs as stipulated in Article 8 of this Decree.

3. Prepare at least four sets of documentation for dangerous goods to be transported (one set sent to the dangerous goods transporter; one set sent to the loader/unloader; one set sent to the driver or captain of the vessel or inland waterway vessel driver; one set retained by the person hiring transportation services). The documentation includes: A shipping document clearly stating: name of dangerous goods, code number, category, total weight, type of packaging, number of packages, date of production, place of production; name, address of the person hiring transportation services and the recipient.

4. Notify the transporter in writing about requirements to be followed during transportation, instructions for handling accidents and incidents, including situations where an escort is present.

5. Organize training and issue Certificates for escorts, loaders/unloaders, and warehouse keepers as prescribed. Maintain training records for a minimum of five years. Assign an escort if dangerous goods require one by regulation.

Article 29. Regarding the transporter

1. Arrange transportation means suitable for the type of dangerous goods to be transported. Provide login name and password to access the vehicle tracking software or access the Automatic Identification System (AIS) of ships of the means of transport granted with the Dangerous Goods Transport Permit of their unit to the issuing authority before carrying out transportation (applicable to commercial transport vehicles).

2. Inspect goods to ensure safety before carrying out transportation in accordance with regulations.

3. Comply fully with notifications from the cargo owner and the provisions recorded in the Dangerous Goods Transport Permit.

4. Affix hazard symbols of the type or group of dangerous goods being transported in accordance with regulations.

5. Must clean and remove or erase the hazard symbols on the means of transport for dangerous goods after unloading if they will not continue to transport that type of goods.

6. Comply with the provisions recorded in the Permit and may only organize the transport of dangerous goods when holding a valid Dangerous Goods Transport Permit for the specified type, group, or name of goods that require a permit, with hazard symbols and warning signs.

7. Only carry out the transport of dangerous goods when the goods have complete and valid procedures and documents, and are packaged safely for transportation.

8. Must follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances that can spontaneously ignite, liquid or solid explosives that have been desensitized through particularly important bridges, tunnels, or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.

9. Must have contingency plans for oil spills when transporting gasoline or oil on inland waterways.

10. Organize training and issue Certificates of Qualification for the transport of dangerous goods for drivers of motor vehicles in accordance with regulations. Maintain training records for at least three years.

Article 30. Regarding the driver of the means of transport

1. Comply with the provisions recorded in the Permit and may only organize the transport of dangerous goods when: Holding a valid Dangerous Goods Transport Permit for the specified type, group, or name of goods that require a permit; the means of transport, packaging, and containers have complete hazard symbols and warning signs.

2. Follow instructions recorded in the notification from the cargo owner and instructions from the dangerous goods transporter.

3. Must follow the guidance of the direct management unit or construction unit when transporting flammable substances, substances that can spontaneously ignite, liquid or solid explosives that have been desensitized through particularly important bridges, tunnels, or other construction sites with high temperatures, welding flames, or electric sparks during the transportation route.

4. Must carry the transportation documents provided by the cargo owner, a valid Dangerous Goods Transport Permit for the specified type, group, or name of goods that require a permit, Certificate of Qualification for the transport of dangerous goods (applicable to drivers of road motor vehicles), special professional 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. Implement measures to eliminate or limit the harmful potential of dangerous goods; prepare a report, notify the People's Committee of the nearest commune and relevant agencies to handle promptly when discovering dangerous goods incidents, posing a threat to people, means of transport, environment, or other goods, or when traffic accidents occur during transportation. In cases exceeding their capacity, immediately report to the transporter and the cargo owner to coordinate and resolve promptly.

6. The captain or driver of inland waterway vessels has the responsibility to assign crew members to regularly guide and supervise the loading and unloading of dangerous goods on the vessel.

Chapter VI

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Decree takes effect from June 1, 2020 and replaces Government Decree No. 104/2009/NĐ-CP dated November 9, 2009 on the list of dangerous goods and the transportation of dangerous goods by road motor vehicles, and Government 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.

2. Organizations and individuals who have been granted a Dangerous Goods Transport Permit before this Decree takes effect do not need to reissue it until the Permit expires or until it is renewed.

Article 32. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-run city People's Committees, related enterprises, and individuals are responsible for implementing this Decree.