Circular No. 46/2017/TT-BGTVT on safety and environmental pollution prevention when transporting dangerous goods by sea

CIRCULAR

Regulations on safety and prevention of environmental pollution when transporting dangerous goods by sea vessels

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Pursuant to the Maritime Code of Vietnam dated November 25, 2015; hà

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety Law;

On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the provisions of the Appendix I, II, IIIfor each specific service package in the service provision contract between the ISP and the customer. The International Convention for the Prevention of Pollution from Ships, 1973, as amended in 1978 and 1997 (hereinafter referred to as the MARPOL Convention);

Pursuant to the provisions of the Chapter II, VII of the International Convention for the Safety of Life at Sea (hereinafter referred to as the SOLAS Convention);

At the proposal of the Director of the Department of Environment and the Director of the Vietnam Ship Survey Corporation,

The Minister of Transport hereby promulgates this Circular on safety and prevention of environmental pollution when transporting dangerous goods by sea vessels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates safety and prevention of environmental pollution when transporting dangerous goods by sea vessels.

This Circular does not apply to dangerous goods that are spare parts and accessories reserved for ships, or dangerous goods transported by sea vessels solely for security and defense purposes.

Article 2. Applicability

The provisions of this Circular shall apply to organizations and individuals involved in the transportation of dangerous goods by sea vessels.

Article 3. Explanation of Terms

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

1. The SOLAS Convention is the International Convention for the Safety of Life at Sea, 1974, as amended by the International Maritime Organization.

2. The MARPOL Convention is the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978, as further amended.

3. The IMDG Code is the International Maritime Dangerous Goods Code, as amended by the International Maritime Organization.

4. The IMSBC Code is the International Maritime Solid Bulk Cargoes Code, as amended by the International Maritime Organization.

5. The IBC Code is the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as amended by the International Maritime Organization.

6. The IGC Code is the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, as amended by the International Maritime Organization.

7. The CTU Code is the Code of Practice for Packing of Cargo Transport Units issued by the International Maritime Organization, the International Labour Organization, and the United Nations Economic Commission for Europe.

8. The INF Code is the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, as amended by the International Maritime Organization.

9. The EmS Guidelines are the Emergency Response and Assistance Guidelines for Ships Carrying Dangerous and Harmful Goods issued by the International Maritime Organization, including recommendations on emergency procedures for ships carrying dangerous goods as defined in the IMDG Code.

10. The MFAG Guidelines are the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods issued by the World Health Organization, the International Maritime Organization, and the International Labour Organization.

11. Dangerous goods are goods containing hazardous substances capable of causing harm to human life, health, the environment, safety, and national security, falling under one of the following categories:

a) Substances and articles classified in Classes 1 to 9 of the IMDG Code.

b) Solid bulk cargoes classified in Group B according to the IMSBC Code.

c) Liquids with a flash point not exceeding 60^°C, or liquids defined in Annex I of the MARPOL Convention, or liquids defined as "noxious liquid substances" in Section 1.3.23 of Chapter 1 of the IBC Code, or listed in Chapter 19 of the IGC Code.

12. The carrier of dangerous goods is an organization or individual using sea vessels to transport dangerous goods.

13. The charterer of dangerous goods transport is an organization or individual entering into a sea vessel transport contract for dangerous goods with the carrier.

Chapter II

CONTAINERS, CLASSIFICATION, PACKAGING, MARKING, AND LABELING OF DANGEROUS GOODS

Article 4. Provisions on the structure, testing, and coding of containers for dangerous goods

Containers for dangerous goods, including containers, tanks, drums, bottles, and packages, must have structures, be tested, and coded in accordance with Part 6 of the IMDG Code.

Article 5. Classification, packaging, marking, and labeling of dangerous goods

1. The classification, packaging, marking, and labeling of dangerous goods transported by sea vessels must ensure:

a) Dangerous goods are classified in accordance with Part 2 of the IMDG Code.

b) Packaging of dangerous goods must comply with the requirements to minimize safety risks and environmental pollution in accordance with Parts 4 and 6 of the IMDG Code.

c) Dangerous goods must be marked and labeled in accordance with Part 5 of the IMDG Code.

2. Dangerous goods contained in containers, trucks, or intermediate bulk containers loaded onto sea vessels must be packaged and arranged in accordance with Part 7 of the IMDG Code. Containers, trucks, or intermediate bulk containers must be marked and labeled in accordance with Part 5 of the IMDG Code.

3. Containers for dangerous goods must be labeled with dangerous goods labels. If a container contains different types of dangerous goods, it must be labeled with all corresponding labels for those types of dangerous goods.

Chapter III

REGULATIONS ON SAFETY WHEN TRANSPORTING DANGEROUS GOODS BY SEA VESSELS

Article 6. Acceptance of transportation of dangerous goods by sea vessels

1. Dangerous goods may only be accepted for transportation by sea vessels if they meet the following conditions:

a) For the transportation of dangerous goods in packaged form: compliance with Regulation 19 of Chapter II-1, Part A of Chapter VII of the SOLAS Convention and the provisions of the IMDG Code.

b) For the transportation of solid bulk cargoes that are only dangerous in bulk form (MHB): compliance with the provisions of Chapter VI of the SOLAS Convention and the provisions of the IMSBC Code.

c) For the transportation of solid bulk cargoes that are dangerous goods assigned a UN number: compliance with Regulation 19 of Chapter II-1, Part A-1 of Chapter VII of the SOLAS Convention and the provisions of the IMSBC Code.

d) For the transportation of dangerous liquid goods by liquid cargo ships: comply with Regulation 16.3 Chapter II-2, Part B Chapter VII of the SOLAS Convention and the provisions of the IBC Code.

đ) For the transportation of liquefied gas by liquefied gas carriers: comply with Regulation 16.3 Chapter II-2, Part C Chapter VII of the SOLAS Convention and the provisions of the IGC Code.

e) For the transportation of radioactive fuel, plutonium, and high-level radioactive waste in packaged form, in addition to complying with the provisions set forth in point a clause 1 of this Article, must comply with the provisions of Part D Chapter VII of the SOLAS Convention and the provisions of the INF Code.

2. Cargo transport units containing dangerous goods in packaged form under Chapter 1.2 of the IMDG Code shall only be accepted for carriage by sea if they satisfy the CTU Code.

Article 7. General Provisions on Safety, Supervision, and Equipment

1. Open flames, open lights, and dangerous heat sources are prohibited on deck where dangerous goods are stored, in cargo holds, in pump rooms, and in isolation spaces on dangerous goods carriers. Such regulations must be communicated to all crew members and posted in visible locations on board the vessel.

2. On liquid cargo ships transporting flammable liquids or flammable liquefied gases, or ships that have not been degassed after carrying such cargoes, only explosion-proof equipment and systems connected to power sources, and explosion-proof electrical equipment with independent power supplies may be used on deck, in cargo storage areas, as well as in pump rooms and isolation spaces. No sparks or dangerous heat sources may be created in these areas.

3. All crew members on board the ship must be informed about the carriage of dangerous goods, the risks arising from the carriage of such goods, and the measures to be taken in case of incidents related to these goods.

4. Dangerous goods must be monitored regularly during transportation. The nature and extent of monitoring measures must be appropriate for each specific cargo shipment and must be recorded in the ship's logbook.

5. Ships carrying dangerous goods must be equipped with medical supplies and equipment listed in Appendix 14 of the MFAG Guidelines. If special equipment is required for certain types of dangerous goods according to the Conventions and Codes mentioned in clause 1 of Article 7 of this Circular or the EmS Guidelines, the ship must be equipped accordingly. Such equipment must always be ready for use. Crew members must wear protective clothing and carry necessary equipment when needed.

Article 8. Loading Dangerous Goods onto Seagoing Vessels

1. Before loading packaged dangerous goods, the master or responsible officer must develop stowage instructions. The master and responsible officers must comply with the stowage and segregation requirements of the IMDG Code and Regulation 19 Chapter II-2 of the SOLAS Convention.

2. Dangerous goods may only be loaded onto the ship by persons responsible and in accordance with written stowage instructions. The master must ensure that the stowage instructions and the stowage and segregation requirements of the IMDG Code, or if applicable, the stowage and segregation requirements of the IMSBC Code and Regulation 19 Chapter II-2 of the SOLAS Convention, are met satisfactorily. Prior to departure from port, the stowage position of dangerous goods must be recorded in the cargo documentation or in the dangerous goods declaration, unless this information has already been included in the ship's stowage plan.

3. The master must ensure that cargo is stowed and secured in compliance with the International Maritime Organization's Safety Practices for Cargo Stowage and Securing Code, as amended and supplemented. Cargo stowage and securing as prescribed must be completed before the ship departs from the port and maintained in this condition until the ship arrives at the destination port.

4. Containers for dangerous goods may not be loaded onto the ship if they have defects or damage that could affect the safe carriage of dangerous goods.

5. The master will only accept the loading of dangerous chemicals as specified in the IBC Code onto the ship if the minimum requirements corresponding to each type of cargo set out in Chapter 17 of the IBC Code are satisfied.

6. The master will only accept the loading of liquefied gases as specified in the IGC Code onto the ship if the minimum requirements corresponding to each type of cargo set out in Chapter 19 of the IGC Code are satisfied.

7. The master will only accept the loading of Group B solid bulk cargoes as defined in the IMSBC Code onto the ship if the cargo hold complies with the applicable requirements of Table 19.2 of Regulation 19 Chapter II-2 of the SOLAS Convention and the corresponding transport conditions as stipulated by the IMSBC Code.

Article 9. Provisions for Seagoing Vessels

1. Seagoing vessels carrying solid bulk cargoes that are dangerous only in a bulk form (MHB) must comply with the provisions of Chapter VI of the SOLAS Convention and the IMSBC Code.

2. Seagoing vessels carrying solid bulk cargoes assigned a United Nations Number (UN number), in addition to complying with clause 1 of this Article, must also comply with Regulation 19 Chapter II-2 and Part A-1 Chapter VII of the SOLAS Convention.

3. Seagoing vessels carrying dangerous goods in packaged form must comply with Regulation 19 Chapter II-2, Part A Chapter VII of the SOLAS Convention and the IMDG Code.

4. Seagoing vessels carrying bulk chemical cargoes must comply with Regulation 16 Chapter II-2 of the SOLAS Convention and the IBC Code.

5. Seagoing vessels carrying bulk liquefied gas cargoes must comply with Regulation 16 Chapter II-2, Part C Chapter VII of the SOLAS Convention and the IGC Code.

Article 10. Emergency procedures and medical first aid

Ships carrying dangerous goods must establish and implement emergency procedures according to the EmS Guidelines and medical first aid according to the MFAG Guidelines related to safety incidents and environmental pollution caused by the transportation of dangerous goods.

Article 11. Training

Persons involved in the transportation of dangerous goods by ship must be adequately trained on the nature and level of risk in this activity to be able to prevent and minimize damage when incidents occur as follows:

1. Persons on shore assigned tasks under Section 1.3.1.2 of the IMDG Code must be trained in accordance with the provisions of Chapter 1.3 of the IMDG Code before they perform related tasks.

2. Shipmasters, officers, and crew members working on ships carrying dangerous goods must be trained and hold appropriate professional certificates corresponding to their assigned tasks. The training content includes risks related to the maritime transport of dangerous goods and measures to respond to incidents.

3. The training prescribed in this Article must be repeated at intervals not exceeding five years. The time and content of the training must be recorded and kept for a period of five years.

Chapter IV

PROVISIONS ON PREVENTING ENVIRONMENTAL POLLUTION IN THE TRANSPORTATION OF DANGEROUS GOODS BY SHIP

Article 12. Provisions on preventing environmental pollution in the transportation of dangerous goods by ship

1. Ships carrying liquid dangerous goods must comply with the provisions on preventing environmental pollution according to Appendices I and II of the MARPOL Convention.

2. Ships carrying solid dangerous bulk cargoes must comply with the provisions on preventing environmental pollution according to Appendix V of the MARPOL Convention.

3. Ships carrying dangerous goods in packaged form must comply with the provisions on preventing environmental pollution according to Appendix III of the MARPOL Convention.

4. It is prohibited to discharge into the sea cargo residues defined as marine pollutants under the IMDG Code, except in cases of force majeure to ensure the safety of the ship or persons on board.

5. Equipment containing dangerous goods must be collected, transported, managed, treated, and disposed of in accordance with provisions on preventing environmental pollution and managing waste, hazardous waste.

Chapter V

REPORTING ACCIDENTS AND INCIDENTS RELATED TO DANGEROUS GOODS

Article 13. Reporting accidents and incidents related to dangerous goods

1. In the event of an accident or incident involving dangerous goods during loading and unloading at ports and maritime transport, the shipmaster and shipowner must immediately notify the port, Marine Port Authority, and Vietnam Maritime Administration. In the case of a ship in foreign waters, the shipmaster and shipowner must immediately notify the competent authority of the host country and Vietnam Maritime Administration.

2. Reporting accidents and incidents related to dangerous goods shall be carried out in accordance with the provisions of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Ministry of Transport on reporting and investigating maritime accidents and Circular No. 39/2017/TT-BGTVT dated November 7, 2017 of the Ministry of Transport amending and supplementing some articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Ministry of Transport on reporting and investigating maritime accidents.

Chapter VI

RESPONSIBILITIES OF ORGANIZATIONS, INDIVIDUALS, AND STATE MANAGEMENT AUTHORITIES

Article 14. Responsibilities of the Shipper of Dangerous Goods

1. Prepare a Dangerous Goods Cargo Manifest in accordance with regulations and hand it over to the carrier before loading the goods onto the ship, including: name of dangerous goods; code number; type, class, group of dangerous goods; quantity; type, number, date, place of manufacture of the container; full name and address of the sender of dangerous goods; full name and address of the receiver of dangerous goods.

2. Notify the carrier of dangerous goods in writing about requirements to be followed during transportation, instructions for handling incidents caused by dangerous goods. Bear responsibility for losses arising from delayed or inaccurate provision of information, documents, and instructions.

Article 15. Responsibilities of the Carrier of Dangerous Goods

1. Inspect dangerous goods and ensure safety during transportation.

2. Implement the guidance provided by the shipper of dangerous goods.

3. Instruct the captain on the rules to be followed when transporting dangerous goods by sea vessel.

Article 16. Responsibilities of the Sea Vessel Owner

1. Ensure that the sea vessel complies with the provisions set out in Article 9 of this Circular and related laws when transporting dangerous goods.

2. Fulfill insurance responsibilities as prescribed and pay all costs related to remedying environmental consequences in case of incidents during the transportation of dangerous goods. Bear responsibility for losses arising from delayed or inaccurate provision of information, documents, and instructions to the captain regarding the transportation of dangerous goods.

3. Equip sufficient medical supplies and equipment as stipulated in Clause 5, Article 7 of this Circular.

Article 17. Responsibilities of the Captain

1. Implement the instructions recorded in the notification of the shipper of dangerous goods and the guidance of the carrier of dangerous goods.

2. Assign crew members to regularly guide and supervise the loading and unloading of dangerous goods on the ship; protect dangerous goods during transportation.

3. Take measures to eliminate or limit the harmful effects of dangerous goods; prepare reports and notify the nearest Marine Port Authority and relevant agencies to handle promptly when dangerous goods incidents occur, posing a threat to the safety of people, sea vessels, the environment, and other cargo, or when maritime accidents happen during transportation. Additionally, immediately inform the carrier and shipper of dangerous goods to coordinate timely resolution.

4. Store, collect, transport, manage, process, and dispose of dangerous goods residues and containers according to regulations on preventing environmental pollution and managing waste, hazardous waste.

Article 18. Responsibilities of the Marine Port Authority

1. Check compliance with safety and environmental protection regulations set forth in this Circular by organizations and individuals involved in the transportation of dangerous goods by sea vessel.

2. Implement reporting procedures as prescribed in Circular No. 34/2015/TT-BGTVT dated July 24, 2015, issued by the Ministry of Transport on reporting and investigating maritime accidents, and Circular No. 39/2017/TT-BGTVT dated November 7, 2017, issued by the Ministry of Transport amending and supplementing certain articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015, on reporting and investigating maritime accidents.

3. In case of environmental incidents during the transportation of dangerous goods by sea vessel, the Marine Port Authority shall have the responsibility to mobilize forces promptly, coordinate with local authorities and relevant agencies to:

a) Assist the captain and crew in rescuing people, cargo, and the vessel;

b) Coordinate the evacuation of victims from the incident area and provide first aid;

c) Organize and coordinate the protection of the scene, cargo, and vessel to continue transportation or storage, transshipment, and support response and remediation efforts.

Article 19. Responsibilities of the Vietnam Maritime Administration

1. Organize inspections and evaluations of compliance with the provisions of Article 4 of this Circular by manufacturers and testing facilities of dangerous goods containers.

2. Direct branch inspection offices to cooperate with the Marine Port Authority to inspect compliance with safety and environmental protection regulations set forth in this Circular by organizations and individuals involved in the transportation of dangerous goods by sea vessel, upon request.

3. Direct branch inspection offices to participate and coordinate with the Marine Port Authority and relevant agencies where incidents or maritime accidents involving dangerous goods occur to provide guidance on handling and remediation.

Chapter VII

EFFECTIVE IMPLEMENTATION AND ORGANIZATION OF ENFORCEMENT

Article 20. Effective Date

1. This Circular shall take effect from January 15, 2018.

2. Ships constructed before January 15, 2018 must comply with the provisions of this Circular at the first annual inspection after January 15, 2018.

Article 21. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments, the Director of the Vietnam Ship Survey Bureau, the Director of the Vietnam Maritime Administration, the Heads of the agencies and units under the Ministry of Transport, relevant organizations and individuals shall be responsible for implementing this Circular.

2. In cases where international treaties, legal normative documents cited in this Circular are supplemented, amended, or replaced, the new relevant provisions in the supplementary, amended, or replacement documents shall apply.

3. During the implementation of this Circular, if difficulties or obstacles arise, organizations and individuals shall report to the Ministry of Transport for timely consideration and resolution./.