Circular No. 52/2013/TT-BTNMT on the transport of dangerous goods and harmful substances, infectious materials

CIRCULAR

Regulations on the transportation of dangerous goods, including toxic substances and infectious materials

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

Pursuant to Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways; amended and supplemented by Decree No. 03/2012/NĐ-CP dated January 19, 2012 of the Government;

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

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

XAt the proposal of the General Director of the Environment Administration and the Director of the Legal Department,

BThe Minister of Natural Resources and Environment issues this Circular regulating the transportation of dangerous goods, including toxic substances and infectious materials,

CChapter I

GENERAL PROVISIONS

3. Amend Clause 3 Article 2 as follows:iArticle 1. Scope of Regulation

1. This Circular stipulates on:

a) Conditions for transportation and procedures for issuing permits for the transportation of dangerous goods, including toxic substances and infectious materials, classified under Category 6 as specified in Clause 1, Article 4 of Decree No. 29/2005/NĐ-CP dated March 10, 2005 of the Government stipulating the list of dangerous goods and the transportation of dangerous goods on inland waterways; Clause 1, Article 23 of Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways and Clause 1, Article 4 of Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government stipulating the list of dangerous goods and the transportation of dangerous goods by road transport vehicles;

b) List of dangerous goods, including toxic substances and infectious materials, as specified in Appendix 1 of this Circular (hereinafter referred to collectively as dangerous goods).

This Circular does not apply to the transportation of dangerous goods, including toxic substances and infectious materials, by air means.

3. Amend Clause 3 Article 2 as follows:iArticle 2. Scope of Application

This Circular applies to state agencies, organizations, and individuals involved in the transportation of dangerous goods, including toxic substances and infectious materials, by road transport vehicles, inland waterway vessels, and railway trains within the territory of the Socialist Republic of Vietnam.

3. Amend Clause 3 Article 2 as follows:iArticle 3. Definitions

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

1. Number UN (United Nations) is a four-digit number defined according to the United Nations system to identify dangerous goods.

2. Environmental emergency prevention and response plan for the transportation of dangerous goods is an assessment and identification of environmental risks and measures to mitigate, respond to, and remedy incidents caused by the release of toxic substances and infectious materials during transportation.

3. High-risk environmental and health areas are areas where large numbers of people usually gather such as schools, hospitals, markets, concentrated commercial zones, residential areas, national parks, natural conservation areas, parks, tourist sites, entertainment venues, and other areas with strict environmental protection requirements as prescribed by law.

4. Dangerous goods transport permit Transportation permit for dangerous goods

5. Dangerous goods consignor is an organization or individual possessing dangerous goods, including toxic substances and infectious materials.

6. Owner of dangerous goods transport vehicle is an organization or individual owning the vehicle used to transport dangerous goods, including toxic substances and infectious materials.

CFlowchart of procedures for establishing thematic maps at scales of 1:5,000, 1:10,000, 1:500,000, and 1:1,000,000

Article CONDITIONS FOR THE TRANSPORT OF DANGEROUS GOODS

3. Amend Clause 3 Article 2 as follows:iArticle 4. Requirements for Dangerous Goods Transport Permit

1. Organizations and individuals must have a Dangerous Goods Transport Permit in the following cases:

a) When transporting dangerous goods that are toxic substances or infectious materials by road motor vehicles with a quantity equal to or exceeding the threshold quantity required for transport permit as stipulated in column (6) of Appendix 1 of this Circular;

b) When transporting each type of dangerous goods with a quantity not exceeding the threshold quantity required for transport permit as stipulated in column (6) of Appendix 1 of this Circular, but the total quantity of toxic substances or infectious materials transported on the same road motor vehicle exceeds 01 ton/trip (excluding packaging weight).

2. Organizations and individuals do not need to have a Dangerous Goods Transport Permit if they meet the conditions specified in this Circular in the following cases:

a) When transporting dangerous goods that are toxic substances or infectious materials by road motor vehicles with a quantity below the threshold quantity required for transport permit as stipulated in column (6) of Appendix 1 of this Circular, but must have a Contingency Plan for Environmental Protection during Dangerous Goods Transportation (in accordance with the model prescribed in Appendix 5 of this Circular) and must comply with the transportation conditions and responsibilities stipulated in Articles 5, 6, 7, 10, and Article 20 of this Circular;

b) When transporting dangerous goods that are toxic substances or infectious materials by inland waterway vessels or rail, but must comply with the corresponding regulations set forth in Decree No. 29/2005/ND-CP dated March 10, 2005 of the Government on the List of Dangerous Goods and the Transportation of Goods on Inland Waterways or Decree No. 109/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Railway Law, amended and supplemented by Decree No. 03/2012/ND-CP dated January 19, 2012 of the Government, and must comply with the transportation conditions and responsibilities stipulated in Articles 5, 6, 8, 9, 10, and Article 20 of this Circular.

3. The Dangerous Goods Transport Permit shall be issued in three (3) original copies, including: one (1) original copy retained at the competent authority issuing the Dangerous Goods Transport Permit as stipulated in Article 12 of this Circular; one (1) original copy sent to the local Department of Natural Resources and Environment where the organization or individual has registered their business; and one (1) original copy sent to the organization or individual requesting issuance of the Dangerous Goods Transport Permit.

Article 5. Conditions for Packaging, Containers, Marking, and Hazardous Signage

1. Requirements for Packaging, Containers:

a) The packaging of dangerous goods and the use of materials for dangerous goods containers must comply with the national standard TCVN 5507:2002 - Dangerous Chemicals - Safety Regulations for Production, Business, Use, Storage, and Transportation, and be consistent with the technical requirements and standards applicable to such goods (if any);

b) Dangerous goods containers must be sufficiently robust to withstand impacts during transportation, transshipment, loading, and unloading; resistant to corrosion, without rusting, and not chemically reactive with the contents inside; waterproof, sealed, and secure to ensure no leakage under normal transportation conditions and minimize leakage into the environment in case of accidents;

c) In cases where organizations or individuals use containers to self-package dangerous goods, they must conduct testing and take responsibility for the test results of those containers before use to prevent falling out or leakage during transportation;

d) Used dangerous goods containers must be stored separately in compliance with the national standard TCVN 5507:2002 - Dangerous Chemicals - Safety Regulations for Production, Business, Use, Storage, and Transportation;

e) If reused dangerous goods containers, they must be cleaned to ensure they are sealed and do not affect new goods or cause environmental pollution; if not reused or discarded, they must comply with the regulations of Circular No. 12/2011/TT-BTNMT dated April 14, 2011 of the Ministry of Natural Resources and Environment on the management of hazardous waste.

2. Requirements for Labeling:

The labeling of dangerous goods must be carried out in accordance with Decree No. 89/2006/ND-CP dated August 30, 2006 of the Government on Product Labels; Circular No. 09/2007/TT-BKHCN dated April 6, 2007 of the Ministry of Science and Technology guiding the implementation of certain provisions of Decree No. 89/2006/ND-CP dated August 30, 2006 of the Government on Product Labels; and Circular No. 04/2012/TT-BCT dated February 13, 2012 of the Minister of Industry and Trade on the Classification and Labeling of Chemicals.

3. Requirements for Hazardous Signage:

a) Hazardous signage must be affixed to the outside of dangerous goods containers;

b) Transport vehicles must display hazard signs corresponding to the type or group of goods being transported. If multiple types of dangerous goods are transported simultaneously on the same vehicle, all relevant hazard signs must be displayed on the vehicle. The signs should be placed on both sides of the vehicle and at the rear, with sufficient durability to withstand weather and other common impacts during handling, loading, and transportation. Hazard signs on transport vehicles must be cleaned and removed if not transporting dangerous goods.

c) Hazard symbols and warning signs for dangerous goods transported according to the provisions of Article 6 of Decree No. 29/2005/NĐ-CP dated March 10, 2005 of the Government on the list of dangerous goods and the transportation of goods on inland waterways, Article 25 of Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways, or Article 9 of Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government on the list of dangerous goods and the transportation of dangerous goods by road motor vehicles, corresponding to the type of transport vehicle.

d) For road and railway motor vehicles transporting bulk cargo with a quantity equal to or exceeding the threshold requiring permission for transportation, in addition to hazard symbols and warning signs, there must be an emergency information board placed at the end of the transport vehicle, the bottom edge of the emergency information board must be at least 450 mm above the ground.

4. Requirements for stacking, unstacking, and storage of dangerous goods:

a) Organizations and individuals related must comply strictly with instructions on storage, stacking, unstacking, and storage of each type of dangerous goods in accordance with the national standard TCVN 5507:2002 - Dangerous chemicals - Safety regulations in production, business, use, storage, and transportation, or in the notification of the dangerous goods owner or the dangerous goods transport vehicle owner.

b) The stacking, unstacking, and storage of dangerous goods shall be carried out in accordance with the provisions of Article 9 of Decree No. 29/2005/NĐ-CP dated March 10, 2005 of the Government on the list of dangerous goods and the transportation of goods on inland waterways, Article 30 of Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Railways, or Article 12 of Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government on the list of dangerous goods and the transportation of dangerous goods by road motor vehicles, corresponding to the type of transport vehicle.

5. Dangerous goods being transported must be accompanied by a Chemical Safety Data Sheet as prescribed in Article 29 of the Chemicals Law 2007 and Article 40 of Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade detailing certain provisions of the Chemicals Law and Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law.

Article 6. General conditions for transport vehicles carrying dangerous goods

1. Not to transport dangerous goods together with passengers, animals, foodstuffs, or dangerous goods that can react with each other causing fire, explosion, or producing new harmful substances to the environment and human health on the same vehicle or railcar.

2. Must have covering equipment to fully cover the cargo compartment. Covering equipment must meet requirements for waterproofing, fire resistance, not being destroyed upon contact with the transported goods; withstand impacts and ensure safety, minimizing leakage of harmful substances and contamination of the environment in case of accidents.

3. Ensure sufficient emergency response equipment and materials during transportation as described in the Environmental Emergency Prevention and Response Plan for Dangerous Goods Transportation as specified in Appendix 5 of this Circular.

3. Amend Clause 3 Article 2 as follows:iArticle 7. Conditions for road motor vehicles when transporting dangerous goods

1. Must meet the conditions to participate in traffic as stipulated by laws on road traffic.

2. Must have a cab with space for at least two people sitting, including one person operating the transport vehicle and one person escorting the dangerous goods; must have sufficient securing devices to firmly position the goods during transportation.

3. Must meet the safety requirements for fire prevention and firefighting as stipulated by law.

3. Amend Clause 3 Article 2 as follows:iArticle 8. Conditions for inland waterway transport vehicles when transporting dangerous goods

1. Must meet the conditions to participate in traffic as stipulated by laws on inland waterway traffic.

2. Must meet the regulations, standards, and specifications for the transportation of dangerous chemicals or dangerous goods as prescribed by the Ministry of Transport.

3. Must meet the safety requirements for fire prevention and firefighting and implement mandatory fire and explosion insurance as stipulated by law.

3. Amend Clause 3 Article 2 as follows:iArticle 9. Conditions for railway transport vehicles when transporting dangerous goods

1. Must meet the conditions to participate in traffic as stipulated by laws on railway traffic.

2. Must meet the regulations, standards, and specifications for the transportation of dangerous chemicals or dangerous goods as prescribed by the Ministry of Transport.

3. Must meet the safety requirements for fire prevention and firefighting and implement mandatory fire and explosion insurance as stipulated by law.

Article 10. Conditions for Drivers of Hazardous Goods Transport Vehicles and Escorts

1. The driver of the transport vehicle must have a valid Driver's License corresponding to the type of vehicle specified in the Hazardous Goods Transport Permit.

2. The driver of the transport vehicle and the escort of hazardous goods must have a Certificate of Training for Hazardous Goods Transport issued by the Ministry of Natural Resources and Environment, or must meet one of the following conditions:

a) Graduated from a college level or higher in a chemical specialty;

b) Hold a valid Industrial Hazardous Goods Transport Safety Technical Certificate issued by a competent state authority;

c) Hold a valid Firefighting Training Certificate issued by a competent state authority.

3. Amend Clause 3 Article 2 as follows:iArticle 11. Hiring for Hazardous Goods Transport

In cases where the hazardous goods owner hires the owner of the transport vehicle to carry out the transport of hazardous goods, they must comply with the following regulations:

1. For road motor vehicles:

a) The hazardous goods owner must have an economic contract or a written agreement on transport with the owner of the hazardous goods transport vehicle who has a valid Hazardous Goods Transport Permit corresponding to the type of goods to be transported;

b) If the owner of the hazardous goods transport vehicle does not have a valid Hazardous Goods Transport Permit corresponding to the type of goods to be transported, the hazardous goods owner must fully meet the transport conditions stipulated in Articles 5, 6, 7, and 10 of this Circular and submit an application for a Hazardous Goods Transport Permit for each shipment according to Articles 13 and 14 of this Circular.

2. For inland waterway and railway transport vehicles:

The hazardous goods owner must have an economic contract or a written agreement on transport with the owner of the hazardous goods transport vehicle, which includes provisions requiring the owner of the hazardous goods transport vehicle to meet the conditions for safe transport and environmental protection appropriate to the type of goods to be transported as stipulated in Articles 8 and 9 of this Circular.

3. The hiring of hazardous goods transport must comply with the provisions of the Civil Code.

CPart III

PROCEDURE AND REQUIREMENTS FOR ISSUING THE HAZARDOUS GOODS TRANSPORT PERMIT

BY ROAD MOTOR VEHICLES

3. Amend Clause 3 Article 2 as follows:iArticle 12. Authority to Issue the Hazardous Goods Transport Permit

The Ministry of Natural Resources and Environment assigns the General Department of Environment as the agency to receive applications and issue, adjust, extend, reissue, or revoke the Hazardous Goods Transport Permit for the hazardous goods owner or the owner of the hazardous goods transport vehicle by road motor vehicles for the transport cases specified in Clause 1, Article 4 of this Circular.

3. Amend Clause 3 Article 2 as follows:iArticle 13. Application Documents for Issuing the Hazardous Goods Transport Permit by Road Motor Vehicles

1. The application documents for issuing the Hazardous Goods Transport Permit by road motor vehicles include:

a) An application form for the Hazardous Goods Transport Permit according to the model prescribed in Appendix 3 of this Circular;

b) A list of hazardous goods categories, quantities, and transportation schedules; A list of transport vehicles, drivers, and escorts according to the model prescribed in Appendix 4 of this Circular;

c) A certified copy of the valid Driver's License of the driver, the Vehicle Registration Certificate, and the Safety Technical Inspection Certificate of the transport vehicle, issued by the competent authority;

d) A certified copy of the valid necessary certificates of the driver and escort of hazardous goods as stipulated in Clause 2, Article 10 of this Circular;

đ) A certified copy of the Business Registration Certificate of the organization or individual applying for the Hazardous Goods Transport Permit and other documents (if any), clearly showing that the organization or individual is authorized to operate or transport goods;

e) A certified copy of the Identity Card or Passport of the driver and escort of hazardous goods, signed and stamped by the organization or individual applying for the Hazardous Goods Transport Permit;

g) An economic contract or a written agreement on the transport of hazardous goods, signed and stamped by the parties to the contract (in case the hazardous goods owner hires transport);

h) A Chemical Safety Form of the hazardous goods to be transported in Vietnamese, signed and stamped by the organization or individual applying for the Hazardous Goods Transport Permit;

i) Test results of packaging and containers for hazardous goods signed and stamped by the organization or individual applying for the Hazardous Goods Transport Permit (if any);

k) A plan for preventing and responding to environmental incidents during the transport of hazardous goods signed and stamped by the organization or individual applying for the Hazardous Goods Transport Permit according to the model prescribed in Appendix 5 of this Circular;

l) A clean-up plan for equipment and ensuring environmental protection requirements after completion of transport according to current environmental protection regulations signed and stamped by the organization or individual applying for the Hazardous Goods Transport Permit according to the model prescribed in Appendix 6 of this Circular.

2. The application documents stipulated in Clause 1 of this Article must be established by the organization or individual into two sets with overlapping seals, one set retained at the General Department of Environment and one set returned to the organization or individual applying for the Hazardous Goods Transport Permit after confirmation by the General Department of Environment.

3. Amend Clause 3 Article 2 as follows:iArticle 14. Procedure for Issuing the Hazardous Goods Transport Permit

1. The hazardous goods owner or the owner of the hazardous goods transport vehicle must establish two sets of application documents according to Article 13 of this Circular and send them to the General Department of Environment for consideration of issuance of the Hazardous Goods Transport Permit.

2. Within five (5) working days from the date of receiving the file, the General Department of Environment shall be responsible for notifying the organization or individual through telephone, email, or in writing to supplement and complete the file if it does not comply with the provisions of Article 13 of this Circular.

3. Within ten (10) working days from the date of receiving a complete and valid file, the General Department of Environment shall organize the examination of the file and issue the Dangerous Goods Transport Permit to the organization or individual according to the model prescribed in Appendix 9 of this Circular.

4. If there are signs of false declaration in the registration file or if dangerous goods are transported in large quantities or have high hazardous characteristics, the General Department of Environment will directly inspect or take the lead and coordinate with specialized agencies on environmental protection at the local level to inspect the transportation conditions of dangerous goods of the organization or individual as prescribed in this Circular before issuing the Dangerous Goods Transport Permit. The inspection and issuance period of the Dangerous Goods Transport Permit is twenty (20) days from the date of receiving the file.

5. The General Department of Environment may seek the opinion of the provincial Department of Natural Resources and Environment where the organization or individual conducts business regarding their agreement or disagreement with the issuance of the Dangerous Goods Transport Permit.

3. Amend Clause 3 Article 2 as follows:iArticle 15. Issuing Adjusted Dangerous Goods Transport Permit

1. An adjusted Dangerous Goods Transport Permit must be reissued when there is a change or addition to any of the contents of the Permit.

2. The application file for issuing an adjusted Dangerous Goods Transport Permit includes:

a) A request form for issuing an adjusted Dangerous Goods Transport Permit according to the model prescribed in Appendix 3 of this Circular;

b) The content of the changes or additions compared to the content of the Dangerous Goods Transport Permit;

c) A certified copy of the Dangerous Goods Transport Permit.

3. The validity period of the adjusted Dangerous Goods Transport Permit shall be determined based on the request of the organization or individual, but shall not exceed twelve (12) months from the date of issuance.

4. The procedure for registering and issuing an adjusted Dangerous Goods Transport Permit shall be carried out similarly to the initial issuance as prescribed in Article 14 of this Circular.

3. Amend Clause 3 Article 2 as follows:iArticle 16. Issuing Extended Dangerous Goods Transport Permit

1. The Dangerous Goods Transport Permit can be extended multiple times, each extension not exceeding twelve (12) months from the date of extension. The request for extension must be made one (1) month before the expiration date of the Permit.

2. The application file for issuing an extended Dangerous Goods Transport Permit includes:

a) A request form for issuing an extended Dangerous Goods Transport Permit according to the model prescribed in Appendix 3 of this Circular;

b) A report on the process of transporting dangerous goods according to the model prescribed in Appendix 7 of this Circular;

c) A certified copy of the Dangerous Goods Transport Permit.

3. The procedure for registering and issuing an extended Dangerous Goods Transport Permit shall be carried out similarly to the initial issuance as prescribed in Article 14 of this Circular.

3. Amend Clause 3 Article 2 as follows:iArticle 17. Reissuing Dangerous Goods Transport Permit

1. In case the Dangerous Goods Transport Permit is lost, burned, or torn, the organization or individual shall prepare a file and submit it to the General Department of Environment requesting a reissue of the Dangerous Goods Transport Permit.

2. The application documents for reissuing a dangerous goods transportation permit include:

a) A request form for reissuing the Dangerous Goods Transport Permit according to the model prescribed in Appendix 3 of this Circular;

b) A report on the process of transporting dangerous goods according to the model prescribed in Appendix 7 of this Circular;

c) A certified copy of the Dangerous Goods Transport Permit (if available).

3. The reissued Dangerous Goods Transport Permit shall not exceed the remaining validity period of the previously issued Permit.

4. The procedure for registering and reissuing the Dangerous Goods Transport Permit shall be carried out similarly to the initial issuance as prescribed in Article 14 of this Circular.

3. Amend Clause 3 Article 2 as follows:iArticle 18. Validity of the Dangerous Goods Transport Permit

1. The Dangerous Goods Transport Permit is issued for a specified period or for each shipment according to the application file for issuing the Dangerous Goods Transport Permit of the organization or individual.

2. The validity period of the Dangerous Goods Transport Permit shall not exceed twelve (12) months from the date of issuance.

3. The Dangerous Goods Transport Permit issued for each shipment shall expire immediately upon completion of the specified transport period.

3. Amend Clause 3 Article 2 as follows:iArticle 19. Revocation of the Dangerous Goods Transport Permit

1. The Dangerous Goods Transport Permit will be revoked when the holder violates any of the following circumstances:

a) The administrative penalty decision of the competent authority requires the revocation of the Dangerous Goods Transport Permit;

b) Renting, lending, or arbitrarily modifying the content of the Dangerous Goods Transport Permit;

c) Not complying with the content stipulated in the Dangerous Goods Transport Permit;

d) Causing an environmental incident during the transportation of dangerous goods two (2) times or more.

2. The competent authority issuing the Dangerous Goods Transport Permit shall issue a decision to revoke the Dangerous Goods Transport Permit and specify the reasons.

3. The organization or individual whose Dangerous Goods Transport Permit has been revoked shall not be allowed to submit an application for a new Dangerous Goods Transport Permit within six (6) months from the date of revocation of the Dangerous Goods Transport Permit.

CPart IV

RESPONSIBILITIES OF ORGANIZATIONS, INDIVIDUALS AND COMPETENT STATE MANAGEMENT AUTHORITIES

3. Amend Clause 3 Article 2 as follows:iArticle 20. Responsibilities of organizations and individuals related to the transportation of dangerous goods

1. Responsibilities of the dangerous goods consignor:

a) Must have a Dangerous Goods Transport Permit or meet the transportation conditions prescribed in Article 4 of this Circular;

b) Cooperate with specialized agencies on environmental protection at the local level to handle, limit, and mitigate consequences when an environmental incident occurs during transportation;

c) Provide one (1) certified copy of the Dangerous Goods Transport Permit to the driver and escort of the dangerous goods transport vehicle when a Dangerous Goods Transport Permit is required;

d) Notify in writing the owner of the dangerous goods transport vehicle, the driver, and the escort of dangerous goods about the list of dangerous goods being transported per shipment (name of dangerous goods, UN number, type, group, hazard code; quantity of dangerous goods); requirements to be followed during transportation; guidance on handling in case of an environmental incident and contact address in case of an environmental incident;

d) Implement insurance responsibilities as prescribed and pay all costs related to remedying environmental consequences when an environmental incident occurs during the transportation of dangerous goods. Bear responsibility for losses arising from delayed or inaccurate provision of information, documents, and instructions.

e) Equip sufficient personal protective equipment for drivers and escorts of dangerous goods.

g) Store packaging and containers of dangerous goods; collect, transport, manage, and dispose of discarded packaging and containers in accordance with environmental protection regulations and waste management, including hazardous waste.

h) Pay fees and charges for obtaining Dangerous Goods Transportation Permits as prescribed by law.

i) Submit reports on the transportation of dangerous goods to the General Department of Environment and the local Department of Natural Resources and Environment where business registration is conducted no later than thirty days after the end of transportation (in accordance with the form prescribed in Appendix 7 of this Circular) in cases where Dangerous Goods Transportation Permits are issued for each shipment.

k) Submit reports on the transportation of dangerous goods to the General Department of Environment and the local Department of Natural Resources and Environment where business registration is conducted before June 15th and December 15th each year (in accordance with the form prescribed in Appendix 7 of this Circular) in cases where Dangerous Goods Transportation Permits are issued for a period.

l) Submit reports on the transportation of dangerous goods to the General Department of Environment and the local Department of Natural Resources and Environment where business registration is conducted before December 15th each year (in accordance with the form prescribed in Appendix 7 of this Circular) in cases where Dangerous Goods Transportation Permits are not required as stipulated in Clause 2, Article 4 of this Circular.

2. Responsibilities of the owner of the dangerous goods transport vehicle:

a) Must have a Dangerous Goods Transport Permit or meet the transportation conditions prescribed in Article 4 of this Circular;

b) Cooperate with specialized agencies on environmental protection at the local level to handle, limit, and mitigate consequences when an environmental incident occurs during transportation;

c) Provide one (1) certified copy of the Dangerous Goods Transport Permit to the driver and escort of the dangerous goods transport vehicle when a Dangerous Goods Transport Permit is required;

d) Implement insurance responsibilities as prescribed and pay all costs related to remedying environmental consequences when an environmental incident occurs during the transportation of dangerous goods. Bear responsibility for losses arising from delayed or inaccurate provision of information, documents, and instructions.

đ) Comply fully with notifications from the consignor of dangerous goods regarding the dangerous goods to be transported.

e) Have specific plans and measures and implement the disposal and cleaning of vehicles after completing the transportation if they will not continue to transport that type of dangerous goods.

g) Equip sufficient personal protective equipment for drivers and escorts of dangerous goods.

h) Store packaging and containers of dangerous goods; collect, transport, manage, and dispose of discarded packaging and containers in accordance with environmental protection regulations and waste management, including hazardous waste.

i) Pay fees and charges for obtaining Dangerous Goods Transportation Permits as prescribed by law.

k) Submit reports on the transportation of dangerous goods to the General Department of Environment and the local Department of Natural Resources and Environment where business registration is conducted before June 15th and December 15th each year (in accordance with the form prescribed in Appendix 7 of this Circular) in cases where Dangerous Goods Transportation Permits are issued for a period.

l) Submit reports on the transportation of dangerous goods to the General Department of Environment and the local Department of Natural Resources and Environment where business registration is conducted before December 15th each year (in accordance with the form prescribed in Appendix 7 of this Circular) in cases where Dangerous Goods Transportation Permits are not required as stipulated in Clause 2, Article 4 of this Circular.

3. Responsibilities of the driver of the dangerous goods transport vehicle:

a) Only carry out the transportation of dangerous goods when holding a Dangerous Goods Transportation Permit or meeting the transportation conditions prescribed in Article 4 of this Circular.

b) Must carry a Dangerous Goods Transportation Permit (certified copy) when transporting dangerous goods in cases prescribed in Clause 1, Article 4 of this Circular.

c) Notify relevant environmental protection agencies at the local level to coordinate in handling, limiting, and remedying environmental consequences when an environmental incident occurs during transportation.

d) Strictly comply with transportation schedules and fully comply with notifications from the consignor of dangerous goods and the owner of the dangerous goods transportation vehicle. During transportation, dangerous goods may not be transferred to another transportation vehicle arbitrarily, except in emergencies due to natural disasters or force majeure.

đ) Shall not stop or park the dangerous goods transportation vehicle within 100 meters of areas with high environmental and health risks, except in cases where stopping, parking, or anchoring is required under traffic laws.

In cases where there is no escort for dangerous goods, the driver of the dangerous goods transportation vehicle must also perform the duties of the escort as prescribed in Clause 4 of this Article.

4. Responsibilities of the escort personnel for dangerous goods:

a) When transporting dangerous goods, must carry the Environmental Incident Prevention and Response Plan for Dangerous Goods Transportation; Safety Data Sheets of the dangerous goods to be transported in Vietnamese; Instructions for Safe Transportation of Dangerous Goods provided by the manufacturer (if available), and other necessary documents as prescribed by current laws.

b) Check the transportation conditions of dangerous goods before transportation, at least twice every two hours throughout the transportation process, and after transportation to ensure compliance with safety regulations.

c) Monitor and supervise the loading and unloading of dangerous goods on transportation vehicles; store dangerous goods; bear responsibility for safety and environmental hygiene.

d) Record the transportation process in a logbook.

đ) Notify relevant authorities and implement response activities according to the Environmental Incident Prevention and Response Plan for Dangerous Goods Transportation.

e) Wear full personal protective equipment when approaching dangerous goods that pose a risk to the environment or when dealing with environmental incidents during transportation.

Article 21. Responsibilities of specialized agencies for environmental protection at local levels

1. Assist provincial and district People's Committees in coordinating with the General Environment Administration and relevant agencies to inspect the conditions for transporting dangerous goods of organizations and individuals as prescribed in this Circular.

2. Report to higher-level management agencies and notify relevant agencies to coordinate and mobilize necessary forces promptly to handle environmental incidents and mitigate consequences.

3. In case of an environmental incident during the transportation of dangerous goods, specialized agencies for environmental protection at the location where the incident occurs shall be responsible for promptly mobilizing forces, coordinating with the local People's Committee and relevant agencies to:

a) Support the driver and escort of the transport vehicle in rescuing people, dangerous goods, and the transport vehicle;

b) Evacuate victims from the affected area and organize first aid for them;

c) Establish a quarantine zone and evacuate residents from hazardous areas;

d) Organize and arrange forces to protect the scene, secure dangerous goods and transport vehicles for continued transportation or storage, transshipment according to the guidance of competent state management agencies and to serve investigative, response, and remediation work.

4. Specialized agencies for environmental protection at the location where the environmental incident occurs shall directly guide the handling of the incident and remediation. In case of a major incident beyond their capacity to handle, report to the provincial People's Committee for resolution.

5. The Department of Natural Resources and Environment at the location where organizations and individuals have registered business operations shall conduct inspections and supervision of organizations and individuals who have been granted permits for transporting dangerous goods during the transportation process. When violations are discovered, they may be handled or proposed for handling according to the provisions of the law.

3. Amend Clause 3 Article 2 as follows:iArticle 22. Responsibilities of the General Environment Administration

1. Organize the examination of files and issuance, adjustment, extension, reissuance, or revocation of permits for transporting dangerous goods. If a permit for transporting dangerous goods is not issued, adjusted, extended, or reissued, it must be replied in writing, stating the reasons clearly.

2. Directly inspect or take the lead and coordinate with specialized agencies for environmental protection at local levels and relevant agencies to inspect the conditions for transporting dangerous goods of organizations and individuals as prescribed in this Circular.

3. Take the lead in inspecting and supervising organizations and individuals who have been granted permits for transporting dangerous goods during the transportation process concerning the environment.

4. Participate and coordinate with specialized agencies for environmental protection at local levels and relevant agencies at the location where the environmental incident occurs to guide the handling of the incident and remediation.

5. Send copies of permits for transporting dangerous goods to the Department of Natural Resources and Environment at the location where organizations and individuals have registered business operations.

6. Collect and use fees and charges for issuing permits for transporting dangerous goods according to the provisions of the law.

CPart V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

3. Amend Clause 3 Article 2 as follows:iArticle 23. Implementation Organization

1. The General Environment Administration is responsible for organizing the dissemination, guidance, monitoring, and inspection of the implementation of this Circular.

2. Departments of Natural Resources and Environment of provinces and centrally-administered cities, District Environmental Resources Departments are responsible for organizing the implementation of this Circular.

3. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.

3. Amend Clause 3 Article 2 as follows:iArticle 24. Effective Date of Implementation

1. This Circular takes effect from March 1, 2014.

2. During the implementation of this Circular, if there are difficulties or obstacles, ministries, sectors, localities, organizations, and individuals shall promptly reflect these issues to the Ministry of Natural Resources and Environment for guidance or amendment and supplementation to ensure appropriateness./.