Circular No. 44/2012/TT-BCT stipulates the List of Industrial Hazardous Goods that must be packed during transportation and transportation of industrial hazardous goods by road, rail, and inland waterway motor vehicles.

CIRCULAR

Specifies the List of Industrial Hazardous Goods that must be packed during transportation and transportation of industrial hazardous goods by road, rail, and inland waterway motor vehicles.

Based on Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government stipulating the List of Dangerous Goods and transportation of dangerous goods by road motor vehicles.

Based on Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Road Transport Law; Decree No. 03/2012/NĐ-CP dated January 19, 2012 of the Government amending and supplementing certain provisions of Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Road Transport Law.

Based on Decree No. 29/2005/NĐ-CP dated March 10, 2005 of the Government stipulating the List of Dangerous Goods and transportation of dangerous goods by inland waterway.

Based on Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade.

The Minister of Industry and Trade issues this Circular to specify the List of Industrial Hazardous Goods that must be packed during transportation and transportation of industrial hazardous goods by road, rail, and inland waterway motor vehicles.

Section I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the List of Industrial Hazardous Goods that must be packed during transportation; requirements for packing, containers for industrial hazardous goods, emergency response plans, and training for persons directly involved in transporting industrial hazardous goods by road, rail, and inland waterway motor vehicles.

The List of Industrial Hazardous Goods does not include the following types of dangerous goods:

1. Chemicals serving defense and security purposes managed by the Ministry of National Defense and the Ministry of Public Security;

2. Agricultural protection chemical products; insecticides, bactericides used in household and medical fields;

3. Explosive substances and industrial explosives;

4. Chemicals specified in Clause 4 of Article 4 of Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government stipulating the List of Dangerous Goods and transportation of dangerous goods by road motor vehicles.

Article 2. Applicability

This Circular applies to organizations and individuals transporting industrial hazardous goods by road, inland waterway, and rail within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. "Dangerous chemicals" means chemicals as defined in Clause 4 of Article 4 of the Chemicals Law dated November 21, 2007;

2. "Industrial hazardous goods" includes gasoline, natural gas, and dangerous chemicals used in industrial production;

3. "Packing of industrial hazardous goods" means using technical operations to contain industrial hazardous goods in containers that meet registered and published standards;

4. "Container" refers to various packaging, bottles, boxes, tanks, pools, or containers used to contain and transport goods. Containers for industrial hazardous 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 less than 3 cubic meters;³;

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

- Metal tank with a maximum capacity of up to 3 cubic meters for liquid and solid goods;³ - Wooden, plastic, or paper tank with a maximum capacity of up to 1.5 cubic meters for solid goods.

"Inner packaging"³ (also called direct packaging) is a container that directly contacts the goods, fully performing the function of containing the goods without requiring any additional packaging;

d) "Outer packaging" is a container that contains inner packaging, along with absorbent materials and padding to provide protection for the inner packaging during transportation;

đ) "Combined packaging" is a container consisting of one or more inner packagings fixed inside outer packaging;

e) "Specialized tank or pool" is a container installed on a transport vehicle, including:

g) - Container with a capacity greater than 1 cubic meter or tank-container type (FL) with a capacity greater than 3 cubic meters containing Class 3 dangerous goods with a flash point temperature not exceeding 60 degrees Celsius (details see Appendix 3); or tank-container type (AT) with a capacity greater than 3 cubic meters containing other dangerous goods (details see Appendix 3).

"Container"³ is a box-shaped container with a capacity greater than 1 cubic meter used to contain and transfer packaged goods.³ Loose cargo"⁰means goods that have not been packaged.

"Container"³ "Packaging level"³ is a level determined according to the degree of danger of the packaged goods (symbol PG I, PG II, PG III).

h)||| "List of Industrial Hazardous Goods that must be packed during transportation" is the list specified in Appendix 1 of this Circular (hereinafter referred to as the List).³ REQUIREMENTS FOR PACKAGING AND CONTAINERS

5. “FOR INDUSTRIAL HAZARDOUS GOODS is unpackaged goods;

6. "Packaging Level" is the level determined according to the degree of danger of the packaged goods (indicated as PG I, PG II, PG III);

7. "List of Hazardous Industrial Goods Required to be Packaged During Transportation" is the List stipulated in Appendix 1 of this Circular (hereinafter referred to as the List).

PART II

REQUIREMENTS FOR PACKAGING AND CONTAINERS

FOR HAZARDOUS INDUSTRIAL GOODS

Article 4. Requirements for Hazardous Symbols and Warning Signs

1. The size, symbols, colors of hazardous symbols and warning signs shall be implemented in accordance with the provisions of Circular No. 04/2012/TT-BCT dated February 13, 2012, issued by the Minister of Industry and Trade on the classification and labeling of chemicals; the Emergency Information Sheet shall be implemented in accordance with the provisions of Appendix 4 of this Circular.

2. The presentation of hazardous symbols and warning signs must meet the following requirements:

a) They must be clearly expressed in both Vietnamese and English, easy to read, and have contrasting colors with the background color of the container;

b) The position of the warning sign must be below the hazardous symbol; it must not be obscured or reduced in visibility when placed next to other signs;

c) It must have sufficient durability to withstand weather effects and common impacts during loading, unloading, and transportation;

d) In cases where the surface of the container has an uneven shape or is too small compared to the required size for displaying the hazardous symbol and warning sign, the consignor may attach a card or board showing the hazardous symbol and warning sign according to the regulations.

3. Containers carrying industrial hazardous goods for transport must fully display the hazardous symbols and warning signs as follows:

a) For inner packages transported without outer packaging or intermediate containers, the hazardous symbols and warning signs must be displayed on the non-obscured face of the inner package;

b) For combined packages that cannot be opened during loading, unloading, and transportation, the hazardous symbols and warning signs must be displayed on at least one face of the outer package. Outer packages with a volume greater than 450 liters must display the hazardous symbols and warning signs on both sides facing each other;

c) For containers, the hazardous symbols and warning signs must be displayed on both sides and the rear;

d) For dedicated tanks and vessels, the hazardous symbols and warning signs must be displayed on both sides and the rear. If the dedicated tanks and vessels contain multiple compartments with different types of goods, the hazardous symbols and warning signs for each type of good must be displayed on both outer faces of the corresponding compartment containing the goods;

e) If a transport vehicle carries more than one type of industrial hazardous goods in containers, the exterior of the transport vehicle and containers must also display all hazardous symbols and record the hazard class numbers of the various hazardous goods being transported in the vehicle and containers;

4. For road and rail vehicles transporting bulk goods exceeding the quantity specified in column 7 of the List, in addition to the hazardous symbols and warning signs, there must be an emergency information sheet placed at the rear of the transport vehicle; the bottom edge of the emergency information sheet must be at least 450 mm above the ground. The dimensions, layout, and content of the emergency information sheet are specified in Appendix 4 of this Circular.

Article 5. Requirements for Packaging Industrial Hazardous Goods

1. Except for industrial hazardous goods categories 2, 5.2, and 4.1, solid and liquid industrial hazardous goods must be packaged according to three levels specified in column 6 of the List as follows:

a) Very dangerous level indicated by number I (PG I);

b) Dangerous level indicated by number II (PG II);

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.

Specific packaging levels are detailed in Appendix 2 of this Circular.

2. The packaging code for industrial hazardous goods is specified in column 8 of the List. Requirements regarding materials, packaging conditions, and detailed packaging specifications for industrial hazardous goods corresponding to each packaging code are stipulated in Appendix 3 of this Circular.

3. Organizations producing or transporting industrial hazardous goods must package such goods in compliance with current Standards and Technical Regulations, ensuring no leakage or spillage during the packaging process.

Article 6. Requirements for inspection and testing of containers

1. Industrial hazardous goods containers newly produced or reusable must be tested and inspected before packaging.

2. Organizations producing or importing containers must comply with the provisions of the Law on Product Quality. Organizations packaging industrial hazardous goods may only use containers that have been tested and inspected according to the following regulations:

a) For non-pressure containers with a capacity less than 3 m³ and not classified as industrial hazardous goods requiring PG I packaging, which have been tested and declared compliant with applicable standards under current product quality inspection regulations;

b) For the remaining containers, industrial hazardous goods containers that have been inspected by units responsible for industrial safety inspection or registration authorities (for inland waterway transport vehicles) shall be used.

3. Industrial hazardous goods containers after use, either single-use or failing periodic testing and inspection requirements for multi-use, must be disposed of in accordance with current legal regulations on hazardous waste management.

Section III

TRANSPORTATION OF INDUSTRIAL HAZARDOUS GOODS

Article 7. Requirements for persons involved in transportation of industrial hazardous goods

1. The transporter must assign escorts when transporting large quantities of industrial hazardous goods exceeding the threshold specified in column 7 of the List.

2. Drivers of road motor vehicles, escorts, loading and unloading personnel, and warehouse staff handling industrial hazardous goods must meet the following requirements:

a) They must be trained in safe transportation techniques for industrial hazardous goods;

b) They must have health conditions meeting the requirements of their respective occupations as stipulated by current labor laws;

c) They must be equipped with appropriate personal protective equipment in accordance with current occupational safety regulations for the industrial hazardous goods they handle;

d) In addition to meeting the requirements set out in points a, b, and c of this clause, drivers of road motor vehicles must also obtain a Certificate of Training in Safe Transportation Techniques for Industrial Hazardous Goods.

3. The content of training on safe transportation techniques for industrial hazardous goods includes:

a) Relevant legal regulations concerning the transportation of industrial hazardous goods;

b) The hazardous characteristics of the industrial goods to be transported; warning signs and symbols on containers and transport vehicles;

c) Types of packaging and containers required for the transportation of industrial hazardous goods; inspection and testing requirements;

d) Safety measures during loading, unloading, and transportation of industrial hazardous goods; procedures and measures to be taken in case of accidents or incidents during transportation (emergency contact information, on-site first aid, prevention of collisions, fire sources, use of rescue equipment, extinguishing fires, preventing leaks...) for industrial hazardous goods that do not require emergency response plans;

đ) Emergency response plans for industrial hazardous goods that require such plans.

Article 8. Documents, procedures, deadlines, and methods for issuing the Certificate of Technical Safety Training for Industrial Hazardous Goods Transportation

1. The application dossier for the issuance of the Certificate of Technical Safety Training for Industrial Hazardous Goods Transportation (hereinafter referred to as the Certificate) includes (one set):

a) An application form for the Certificate according to Model 1 prescribed in Appendix 6;

b) A certified copy (in case of submission via postal service/administrative correspondence) or a photocopy accompanied by the original for verification (in case of direct submission) of the driving license suitable for the type of road motor vehicle used for transporting industrial hazardous goods;

c) Two photographs measuring 3 × 4 cm of the person applying for the Certificate.

2. Within two (02) working days from the date of receipt of the application dossier for the Certificate, the Department of Industry and Trade must notify the organization or individual to complete the dossier in cases where the dossier is incomplete or invalid.

3. Within twenty (20) working days from the date of receipt of a valid dossier, the Department of Industry and Trade shall be responsible for organizing training, inspection, and issuing the Certificate (according to Model 2 prescribed in Appendix 6) or responding in writing with clear reasons in cases where the Certificate is not issued.

4. The application dossier for the Certificate can be submitted directly or via postal service to the Department of Industry and Trade within its jurisdiction.

5. The Certificate of Technical Safety Training for Industrial Hazardous Goods Transportation is valid for a period of two (02) years and is effective nationwide.

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.

1. In cases where the quantity of industrial hazardous goods transported exceeds the quantity specified in Column 7 of the List, an emergency response plan must be established; the contents of the emergency response plan are stipulated in Appendix 5 of this Circular.

2. In cases where the transportation of industrial hazardous goods does not fall under Clause 1 of this Article, a Chemical Safety Sheet must be provided, which includes instructions on handling spills, leaks, or explosions of the goods being transported. The contents of the Chemical Safety Sheet are regulated in Circular No. 28/2010/TT-BCT dated June 28, 2010, issued by the Minister of Industry and Trade detailing certain provisions of the Law on Chemicals and Decree No. 108/2008/NĐ-CP dated October 7, 2008, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals.

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

4. The driver and escort personnel must understand the content of the emergency response plan or instructions for handling incidents, proficiently perform emergency response procedures, and skillfully use equipment for handling fire, spills, and leaks. Before each transportation of industrial hazardous goods, the driver must review and check warning and incident handling equipment and necessary procedures in case of an incident.

Annually, the transporter must organize practice sessions for handling incidents according to the established emergency response plan.

5. In cases of incidents, accidents, fires, explosions, or traffic disruptions, the escort personnel and the driver must immediately establish a perimeter around the incident or accident, set up warnings to prevent gatherings and intrusion into dangerous areas, eliminate potential sources of ignition in the incident area, and avoid danger to people involved in traffic; immediately report to the local People's Committee, the sender of the goods, rescue and firefighting agencies, and the local Department of Industry and Trade where the incident occurs; the content of the report on the incident or accident includes the following information:

a) The location of the incident or accident;

b) The name of the transported goods according to the List or the United Nations Number (UN number) of the transported goods;

c) The quantity of transported goods before the incident or accident occurred;

d) The status of the incident (fire, explosion, or leak); the condition of the container and the transport vehicle;

đ) On-site damages (if any) to persons and property;

e) Measures being taken and requests for assistance in rescuing victims, equipment for handling the incident (extinguishing fire, collecting, transferring goods...).

Chapter IV

IMPLEMENTATION

Article 10. Implementation Organization

1. The Directorate of Industrial Safety and Environmental Protection, Ministry of Industry and Trade is responsible for guiding and inspecting the implementation of this Circular; receiving and resolving difficulties and issues faced by organizations and individuals related to this matter.

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

a) Popularizing and guiding organizations and individuals transporting industrial hazardous goods within their jurisdiction to implement the regulations stipulated in this Circular;

b) Organizing training, inspection, and issuing Certificates of Technical Safety Training for drivers of road motor vehicles within their jurisdiction;

c) Organizing inspections to ensure compliance with conditions for transporting industrial hazardous goods; imposing administrative penalties for violations in the transportation of industrial hazardous goods as prescribed.

Article 11. Effective Date

1. This Circular takes effect from February 20, 2013, and replaces Circular No. 02/2004/TT-BCN dated December 31, 2004, issued by the Ministry of Industry detailing certain provisions of Decree No. 13/2003/NĐ-CP dated February 19, 2003, issued by the Government regarding the List of Dangerous Goods and the transportation of dangerous goods by road.

2. In cases where National Standards or Regulations cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or newly promulgated Standards or Regulations shall be applied./.