Thông tư 52/2013/TT-BTNMT

CIRCULAR

PRESCRIBING ON TRANSPORT OF DANGEROUS GOODS BEING HAZARDOUS SUBSTANCES, INFECTIOUS SUBSTANCES

Pursuant to the Government’s Decree No. 29/2005/ND-CP dated March 10, 2005, defining the list of dangerous goods and transport of goods on inland water ways,

Pursuant to the Government’s Decree No. 109/2006/ND-CP dated September 22, 2006, detailing implementation of a number of Article of Law on railway; amended and supplemented at the Government’s Decree No. 03/2012/ND-CP dated January 19, 2012;

Pursuant to the Government’s Decree No. 104/2009/ND-CP dated November 09, 2009, defining the list of dangerous goods and transport of dangerous goods on road motor vehicles,

Pursuant to the Government’s Decree No. 21/2013/ND-CP dated March 04, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of general director of Vietnam Environment Administration and Director of the Legal Affair Department,

The Minister of Natural Resources and Environment promulgates Circular prescribed in transport of dangerous goods being hazardous substances and infectious substances.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides for:

a) Conditions for transport and orders of, procedures for  grant the license for transport of dangerous goods being hazardous substances, infectious substances of type 6 defined at clause 1 Article 4 of the Government’s Decree No.  29/2005/ND-CP dated March 10, 2005, on the list of dangerous goods and the transport of dangerous goods on inland waterways; Clause 1 Article 23 of the Government’s Decree No.  109/2006/ND-CP dated September 22, 2006, detailing and guiding implementation of a number of articles of Law on railway and Clause 1 Article 4 of the Government’s Decree No. 104/2009/ND-CP dated November 09, 2009, providing for the list of dangerous goods and the transport of dangerous goods by road motor vehicles;

b) The list of dangerous goods being hazardous substances and infectious substances defined Article Annex I of this Circular (hereinafter collectively referred to as dangerous goods)

2. This Circular does not apply to the transport of dangerous goods being hazardous substances, infectious substances by aviation means.

Article 2. Subjects of application

This Circular does not apply to state agencies, organizations, and individuals with activities involving transport of dangerous goods being hazardous substances, infectious substances by road, inland waterway, and railway motor vehicles on the territories of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows

1. UN (United Nations) numbers or UN IDs are four-digit numbers that defined under system of United Nations to identify hazardous goods.

2. Plan on prevention and response of the environmental incidents in transport of dangerous goods is an assessment determining risks of environment and measures to limit, response, overcome incidents due to emission of hazardous substances, infectious substances during transport.

3. Areas with high risks on environment and health will be areas where regularly gathered many persons such as: schools, hospitals, markets, concentrated commercial zone, concentrated residential areas or national parks, natural preservation zones,  parks, tourist zones, entertainment areas and other areas with strict requirements on environmental protection as prescribed by law.

4. License for transport of dangerous goods is license granted by competent state agencies to organizations, individuals with demand on transport of dangerous goods being hazardous substances, infectious substances by road motor vehicles.

5. Owners of dangerous goods are organizations and individuals having dangerous goods being hazardous substances and/or infectious substances.

6. Owners of means transporting dangerous goods are organizations and individuals possessing means of transport which are used to conduct transport of dangerous goods being hazardous substances and/or infectious substances.

Chapter 2.

CONDITIONS FOR TRANSPORT OF DANGEROUS GOODS

Article 4. Requirements on license for transport of dangerous goods

1. Organizations and individuals must have license for transport of dangerous goods in the following cases:

a) When transporting dangerous goods being hazardous substances, infectious substances by road motor vehicles with a volume equal to or exceeding the volume threshold required to have a license for transport as prescribed at column (6) Annex 1 of this Circular;

b) When transporting each type of dangerous goods with a volume not exceeding the volume threshold required to have a license for transport as prescribed at column (6) Annex 1 of this Circular, but total volume of hazardous substances, infectious substances transported on the same road motor vehicles is more than 01 ton/carriage (excluding volume of packaging);

2. Organizations and individuals must satisfy conditions specified in this Circular shall not be required to have license for transport of dangerous goods in the following cases:

a) When transporting dangerous goods being hazardous substances, infectious substances by road motor vehicles with a volume less than the volume threshold required to have a license for transport as prescribed at column (6) Annex 1 of this Circular, but they must have plan on prevention and response with environmental evidence in transport of dangerous goods (according to the set form in Annex 5 of this Circular) and must comply with conditions for transport and liability prescribed in Articles 5, 6, 7, 10 and Article 20 of this Circular;

b) When transporting dangerous goods being hazardous substances, infectious substances by means of inland waterway or railway transport, but they must comply with respective provisions in the Government’s Decree No. 29/2005/ND-CP dated March 10, 2005, on the list of dangerous goods and the transport of dangerous goods on inland waterways; or the Government’s Decree No. 109/2006/ND-CP dated September 22, 2006, detailing and guiding implementation of a number of articles of Law on railway amended and supplemented in the Government’s Decree No. 03/2012/ND-CP dated January 19, 2012, and must comply with conditions for transport and responsibilities specified in Articles 5, 6, 8, 9, 10 and Article 10 of this Circular.

3. License for transport of dangerous goods is granted with 03 (three) originals, in which: 01 (one) original is kept by the agency competent to licensing for transport of dangerous goods as prescribed in Article 12 of this Circular; 01 (one) original is sent to the provincial Service of Natural Resources and Environment where organization or individual has registered for business; and 01 (one) original is sent to organization or individual requested for license for transport of dangerous goods.

Article 5. Conditions for packing, packaging, containers, labeling and symbol, sign of danger

1. Requirement on packing, packaging, containers:

a) The packing of dangerous goods and use of materials used to do as packages, container of dangerous goods must satisfy provisions of national standards TCVN 5507:2002 – Hazardous chemicals - Code of practice for safety in production, commerce, use, handing and transportation and in line with standards, technical standards proportional to such type of goods (if any);

b) Packaging, containers of dangerous goods must be enough solid to be able to bear impacts during transport, forwarding, loading and unloading; be able to anti-corrosion, not be rusty, not generate chemical reactions with substances contained inside; be able to prevent leakage, be tight and solid to ensure that substances do not be leaked when transport in normal conditions and limit maximally the leakage of dangerous goods into environment in case where incidents happen;

c) In case where organizations and individuals which conduct transport use packaging, containers to packing dangerous goods by them, they must test and take responsibility for result of test on such packaging, containers before use in order to prevent from falling, or leakage during transport;

d) The used packaging and containers of dangerous goods must be separately preserved to satisfy provisions of national standards TCVN 5507:2002 – Hazardous chemicals - Code of practice for safety in production, commerce, use, handing and transportation;

e) In case of reusing packaging, containers of dangerous goods, packaging and containers must be cleaned, ensured to be tight and not affect to new type of goods or cause environmental pollution; in cases of not reusing or eliminating them, individuals and organizations must comply with provisions of Circular No. 12/2011/TT-BTNMT dated April 14, 2011 of the Ministry of Natural Resources and Environment on managing hazardous waste.

2. Requirement on labeling:

The labeling of dangerous goods shall comply with the Government’s Decree No. 89/2006/ND-CP dated August 30, 2006, on labeling goods; Circular No. 09/2007/TT-BKHCN dated April 06, 2007 of the Ministry of science and technology, guiding implementation of a number of Articles of the Government’s Decree No.  89/2006/ND-CP dated August 30, 2006, on goods label and Circular No. 04/2012/TT-BCT dated February 13, 2012 of Minister of Industry and Trade, on classification and labeling of chemical.

3. Requirements on symbol, sign of danger:

a) Outside of packaging, containers of dangerous goods must be stuck symbol, sign of danger;

b) Means of transport must be stuck symbol of danger of type, group of the transported goods. If a means of transport carry out various dangerous goods at a same time, on such means of transport must be stuck full symbols of danger of all such types of goods. Positions to stick symbols are two sides and behind of vehicles, which are durable and able to bear impact of weather and normal impact as loading, unloading, transport. Symbol and sign of danger on means of transport must be cleaned and removed, erased if they do not transport dangerous goods; 

c) Symbols of danger and signs of danger of types, groups of goods transported shall comply with Article 6 of the Government’s Decree No. 29/2005/ND-CP dated March 10, 2005, on the list of dangerous goods and the transport of dangerous goods on inland waterways; Article 25 of the Government’s Decree No. 109/2006/ND-CP dated September 22, 2006, detailing and guiding implementation of a number of articles of Law on railway and Article 9 of the Government’s Decree No. 104/2009/ND-CP dated November 09, 2009, providing for the list of dangerous goods and the transport of dangerous goods by road motor vehicles, respectively with types of means of transport;

d) For means of road, railway motor traffic which transport bulk goods with a volume equal to or exceeding the volume threshold required to have a license for transport, apart from symbol and sign of danger, it is required to have an emergency information board placed at behind of means of transport, the margin at the bottom of that emergency information board must be 450 mm from the ground.

4. Requirements on loading, unloading and storing in warehouse of dangerous goods:

a) The relevant organizations and individuals must comply with instruction on preservation, loading and unloading and storage in warehouses for each type of dangerous goods in line with provisions of national standards TCVN 5507:2002 – Hazardous chemicals - Code of practice for safety in production, commerce, use, handing and transportation or in notice of owners of dangerous goods, owners of means carrying dangerous goods;

b) The loading and unloading and storage in warehouses for dangerous goods shall comply with Article 9 of the Government’s Decree No. 29/2005/ND-CP dated March 10, 2005, on the list of dangerous goods and the transport of dangerous goods on inland waterways; Article 30 of the Government’s Decree No. 109/2006/ND-CP dated September 22, 2006, detailing and guiding implementation of a number of articles of Law on railway or Article 12 of the Government’s Decree No. 104/2009/ND-CP dated November 09, 2009, providing for the list of dangerous goods and the transport of dangerous goods by road motor vehicles, respectively with types of means of transport.

5. The transported dangerous goods must be enclosed with the chemical safety sheets specified in article 29 of the 2007 Chemical Law and Article 40 of Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade specified a number of Articles of the Chemical Law and Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 detailing and guiding implementation of a number of Articles of Chemical Law.

Article 6. General conditions for means carrying dangerous goods

1. Do not transport dangerous goods together with passengers, domestic animals, foods, foodstuff or transport dangerous goods, which are able to generate reaction with each other and cause fire, explosion or generate new substances which are toxic to environment and health of people, on the same means of transport or wagon.

2. Have equipment to cover all wagons carrying goods. Equipment for coverage must be appropriate with requirements on waterproofing, flameproof, not be destroyed when contacting with the transport types of goods; bear the impacts and ensure safety, limit  leakage of hazardous and infectious substances to environment in cases incidents happen.

3. Ensure to have full equipment and materials to respond malfunctions during transport as described in plan on prevention and response of the environmental incidents in transport of dangerous goods according to the set form defined in Annex 5 of this Circular.

Article 7. Conditions for the means of road motor traffic when carrying dangerous goods

1. Having full conditions for joining in traffic according to law on road traffic.

2. Having cabin with at least 02 (two) seats, including one for person controlling means of transport and one for escort of dangerous goods; having full parts for binding in order to be able to keep firmly goods as transport.

3. Satisfying conditions on safety of fire prevention and fighting as prescribed by law.

Article 8. Conditions for the means of inland waterway traffic when carrying dangerous goods

1. Having full conditions for joining in traffic according to law on inland waterway traffic.

2. Satisfying rules, regulations, standards on transport of dangerous chemicals or dangerous goods respectively as prescribed by the Ministry of Transport.

3. Satisfying conditions on safety of fire prevention and fighting and conducting regulations on compulsory fire and explosion insurance as prescribed by law.

Article 9. Conditions for the means of railway traffic when carrying dangerous goods

1. Having full conditions for joining in traffic according to law on railway traffic.

2. Satisfying rules, regulations, standards on transport of dangerous chemicals or dangerous goods respectively as prescribed by the Ministry of Transport.

3. Satisfying conditions on safety of fire prevention and fighting and conducting regulations on compulsory fire and explosion insurance as prescribed by law.

Article 10. Conditions for persons controlling means of transport and escorts of dangerous goods

1. Person controlling means of transport must have license for control of means which is valid and suitable with kinds of means of transport stated in license for transport of dangerous goods.

2. Person controlling means of transport and escorts of dangerous goods must have certificate of being trained on transport of dangerous goods specified by the Ministry of Natural Resources and Environment or must satisfy one of the following conditions:

a) Graduated from professional secondary education college or higher in specialty of chemicals;

b) Possessing a valid certificate of safety technique in transport of dangerous industrial goods granted by competent state agencies;

c) Possessing a valid certificate of training professional skills in fire prevention and fighting granted by competent state agencies.

Article 11. Hiring for transport of dangerous goods

In case where owner of dangerous goods hires owner of means of transport for dangerous goods to conduct transport of dangerous goods, he must comply with the following provisions:

1. For means of road motor traffic:

a) Owner of dangerous goods must have economic contract or agreement in writing about transport with owner of means of transport for dangerous goods who possess license for transporting dangerous goods in line with goods required for transport;

b) If owner of means of transport for dangerous goods fails to have license for transport of dangerous goods in line with type of goods required for transport, owner of dangerous goods must satisfy fully conditions for transport as prescribed in Articles 5, 6, 7 and 10 of this Circular and submit dossier to request for licensing for transport of dangerous goods under each carriage as prescribed in Articles 13 and 14 of this Circular.

2. For means of inland waterway and railway traffic:

Owner of dangerous goods must have economic contract or agreement in writing about transport with owner of means of transport for dangerous goods, in which consist terms to provide that owner of means of transport for dangerous goods must satisfy conditions on safety transport and environmental protection appropriate with respective type of goods required for transport as prescribed in Article 8 and 9 of this Circular.

3. The hire for transport of dangerous goods must be consistent with provisions of Civil Code.

Chapter 3.

ODERS OF AND PROCEDURES FOR LICENSING FOR TRANSPORT OF DANGEROUS GOODS BY MEANS OF ROAD MOTOR TRAFFIC

Article 12. Competence for licensing for transport of dangerous goods

The Ministry of Natural Resources and Environment assigns the Vietnam environment administration to be agency to receive dossiers and grant, adjust, extend, re-grant or deprive licenses for transport of dangerous goods to owners of dangerous goods or owners of means of transporting dangerous goods by road motor vehicles for cases of transport specified at clause 1 Article 4 of this Circular. 

Article 13. Dossier of requesting for license for transport of dangerous goods by road motor vehicles

1. Dossier of requesting for license for transport of dangerous goods by road motor vehicles includes:

a) Application for license for transport of dangerous goods made according to the set form in Annex 3 of this Circular;

b) Table declaring list, volume and schedule of transport of dangerous goods; list of vehicles, drivers of vehicles and escorts of dangerous goods made according to the set form in Annex 4 of this Circular. 

c) Authenticated copy of valid the driving license of person controlling means of transport, registration of vehicle, certificate of verification on technical safety and environmental protection of means of transport, granted by competent agency;

d) Authenticated copy of valid necessity confirmation of drivers of vehicles and escorts of dangerous goods as prescribed at Clause 2 Article 10 of this Circular;

e) Copy of the Business registration certificate with signature and seal for confirmation of organization or individual that request for grant of license for transport of dangerous goods and other dossiers (if any), clearly presenting that such organization or individual has been licensed for business or transport of goods;

e) Copy of ID card or passport of person controlling means of transport and escort of dangerous goods with signature, seal for confirmation of organization or individual requesting for license for transport of dangerous goods;

g) Economic contract or agreement in writing on transport of dangerous goods, with signature and seal for confirmation of partiers in signing contract (in case where owner of dangerous goods hire other for transport);

h) The chemical safety sheet of dangerous goods requested transport in Vietnamese with signature, seal for confirmation of organization or individual requesting for license for transport of dangerous goods;

i) Result of test on packaging, containers of dangerous goods with signature and seal for confirmation of organization or individual requesting for license for transport of dangerous goods (if any);

k) Plan on prevention and response of environmental incidents during transport of dangerous goods with signature, seal for confirmation of organization or individual requesting for license for transport of dangerous goods made according to the set form in Annex 5 of this Circular;

l) Plan on cleaning equipment and ensuring requirements on environmental protection after ending transport according to current regulations on environmental protection with signature, seal for confirmation of organization or individual requesting for license for transport of dangerous goods made according to the set form in Annex 6 of this Circular

2. Dossier defined in Clause 1 this Article must be made into 02 (two) sets, affixed with an integrity seal between the pages by organization or individual, one is kept by the Vietnam Environment Administration and one is returned to organization or individual requesting for license for transport of dangerous goods after being confirmed by the Vietnam Environment Administration.

Article 14. Process of licensing for transport of dangerous goods

1. Owner of dangerous goods or owner of means of transport for dangerous goods shall make 02 (two) sets of dossier as prescribed in Article 13 of this Circular and send them to the Vietnam Environment Administration for considering to grant license for transport of dangerous goods.

2. Within 05 (five) working days after receiving dossier, the Vietnam Environment Administration shall notify by telephone, email or in writing organization or individual for supplementation, completion of dossier in case where dossier is invalid as prescribed in Article 13 of this Circular.

3. Within 10 (ten) working days after receiving a full and valid dossier, the Vietnam Environment Administration shall appraise dossier and grant license for transport of dangerous goods to organization or individual, according to the set form in Annex 9 of this Circular.

4. If information in dossier of registration has sign of wrong declaration or dangerous goods transported at a big volume or high risk, the Vietnam Environment Administration will directly check or assume the prime responsibility for, and coordinate with specialized agencies on environmental protection in localities to check conditions for transport of dangerous goods of organization or individual as prescribed in this Circular before licensing for transport of dangerous goods.  Time limit for examination and grant of license for transport of dangerous goods shall be 20 (twenty) days after receiving dossier.

5. The Vietnam Environment Administration may consult the provincial Service of Natural Resources and Environment in locality where organization or individual has registered for business about disagreement for licensing for transport of dangerous goods.

Article 15. Grant of adjustment to license for transport of dangerous goods

1. License for transport of dangerous goods must be re-granted to be adjusted when there are changes, supplementations of one of contents of license.

2. Dossier of requesting for grant of adjustment to license for transport of dangerous goods includes:

a) Application for grant of adjustment to license for transport of dangerous goods made according to the set form in Annex 3 of this Circular;

b) Contents of changes, supplementations in comparison with content of license for transport of dangerous goods;

c) Authenticated copy of license for transport of dangerous goods.

3. Time of validity of license for transport of dangerous goods shall be adjusted according to request of organization or individual but not exceeding 12 (twelve) months, from the day of issue.

4. Orders of registration, grant of adjustment to license for transport of dangerous goods shall be performed similar to grant for the first time as prescribed in Article 14 of this Circular.

Article 16. Grant of extension to license for transport of dangerous goods

1. License for transport of dangerous goods may be extended for many times, each extension shall be not more than 12 (twelve) months, from the day of extension. Request for grant of extension must be performed 01 (01) month before license is expired.

2. Dossier of requesting for grant of extension to license for transport of dangerous goods includes:

a) Application for extension of license for transport of dangerous goods made according to the set form in Annex 3 of this Circular;

b) Report on process of transport of dangerous goods made according to the set form in Annex 7 of this Circular;

c) Authenticated copy of license for transport of dangerous goods.

3. Orders of registration, grant of extension to license for transport of dangerous goods shall be performed similar to grant for the first time as prescribed in Article 14 of this Circular.

Article 17. Re-grant of license for transport of dangerous goods

1. In case where license for transport of dangerous goods is lost, burned or torn, organization or individual shall make dossier and send it to the Vietnam Environment Administration to request for re-grant of license for transport of dangerous goods.

2. Dossier of requesting for re-grant of license for transport of dangerous goods includes:

a) Application for re-grant of license for transport of dangerous goods made according to the set form in Annex 3 of this Circular;

b) Report on process of transport of dangerous goods made according to the set form in Annex 7 of this Circular;

c) Authenticated copy of license for transport of dangerous goods (if any).

3. License for transport of dangerous goods shall be re-granted but not exceed the remaining time of validity of the license already been granted.

4. Orders of registration, re-grant of license for transport of dangerous goods shall be performed similar to grant for the first time as prescribed in Article 14 of this Circular.

Article 18. Effect of license for transport of dangerous goods

1. License for transport of dangerous goods shall be granted according to a definite term or according to each carriage based on dossier of registration for license for transport of dangerous goods made by organization or individual.

2. The validity time of license for transport of dangerous goods shall not exceed 12 months, from the date of issue.

3. License for transport of dangerous goods which is granted according to each carriage shall be invalid after ending transport.

Article 19. Deprivation of license for transport of dangerous goods

1. License for transport of dangerous goods shall be deprived when owner of license for transport violate one of the following cases:

a) Decision on sanction of administrative violations of competent agency has request for deprivation of transport of dangerous goods;

b) Leasing, lending or arbitrarily amending content of license for transport of dangerous goods;

c) Implementing improperly with content stated in license for transport of dangerous goods;

d) When environmental incidents happen during transport of dangerous goods twice or more.

2. Agency competent to grant license for transport of dangerous goods shall promulgate decision on deprivation of license for transport of dangerous goods and clearly stating reason thereof.

3. Organizations and individuals which are deprived licenses for transport of dangerous goods shall not be permitted to submit dossier of applying for new grant of license for transport of dangerous goods within 06 (six) months as from day of depriving such licenses for transport of dangerous goods.

Chapter 4.

RESPONSIBILITIES OF ORGANIZATIONS, INDIVIDUALS AND COMPETENT STATE MANAGEMENT AGENCIES

Article 20. Responsibilities of organizations and individuals involving transport of dangerous goods

1. Responsibilities of owners of dangerous goods:

a) They must have license for transport of dangerous goods or must satisfy conditions for transport stated in Article 4 of this Circular;

b) They shall coordinate with specialized agencies on environmental protection in localities to process, limit and remedy consequences when environment incidents happen during transport;

c) They shall supply 01 (one) authenticated copy of license for transport of dangerous goods to person controlling means of transport and escorts of dangerous goods in case it is required to have license for transport of dangerous goods;

d) They shall notify in writing owners of means of transport for dangerous goods, persons controlling means of transport and escorts of dangerous goods: List of dangerous goods transported in carriage (name of dangerous goods, UN numbers, type, group of goods, dangerous number; volume of dangerous goods); requirements which must be implemented during transport; instructions of handling in cases of environmental incidents and contact address when environmental incidents happen;

e) They shall perform responsibilities on insurance in accordance with regulations and pay all costs related to remedy of consequences when environmental incidents happen during transport of dangerous goods. They shall be responsible for damages arising due to late, incorrect supply of information, documents and guidelines;

e) They shall equip means for personal safety protection for persons controlling means of transport and escorts of dangerous goods;

g) They shall preserve packaging, containers of dangerous goods; collect, transport, manage, handle packaging and containers which are eliminated according to regulations on environmental protection and management of wastes and hazardous wastes;

h) They shall pay charges, fees for grant of license for transport of dangerous goods as prescribed by law;

i) They shall send reports on the process of transporting dangerous goods to the Vietnam Environment Administration and the provincial Services of Natural Resources and Environment in localities where they have registered business within 30 (thirty) days after ending transport (according to the set form in annex 7 of this Circular) in case where they have license for transport of dangerous goods granted under each carriage;

k) They shall send reports on the process of transporting dangerous goods to the Vietnam Environment Administration and the provincial Services of Natural Resources and Environment in localities where they have registered business before June 15 and December 15 annually (according to the set form in annex 7 of this Circular) in case where they have license for transport of dangerous goods granted under a definite term;

l) They shall send reports on the process of transporting dangerous goods to the Vietnam Environment Administration and the provincial Services of Natural Resources and Environment in localities where they have registered business before December 15 annually (according to the set form in annex 7 of this Circular) in case where they are not required to have license for transport of dangerous goods as prescribed in Clause 2 Article 4 of this Circular.

2. Responsibilities of owner of means of transporting dangerous goods:

a) They must have license for transport of dangerous goods or must satisfy conditions for transport stated in Article 4 of this Circular;

b) They shall coordinate with specialized agencies on environmental protection in localities to process, limit and remedy consequences when environment incidents happen during transport;

c) They shall supply 01 (one) authenticated copy of license for transport of dangerous goods to person controlling means of transport and escorts of dangerous goods in case it is required to have license for transport of dangerous goods;

d) They shall perform responsibilities on insurance in accordance with regulations and pay all costs related to remedy of consequences when environmental incidents happen during transport of dangerous goods. They shall be responsible for damages arising due to late, incorrect supply of information, documents and guidelines;

e) They shall sufficiently comply with notices of owners of dangerous goods involving dangerous goods required for transport;

e) They shall have specific plans and measures and perform handling and hygiene for means of transport after ending carriage if they do not continue transport of such dangerous goods;

g) They shall equip full means for personal safety protection for persons controlling means of transport and escorts of dangerous goods;

h) They shall preserve packaging, containers of dangerous goods; collect, transport, manage, handle packaging and containers which are eliminated according to regulations on environmental protection and management of wastes and hazardous wastes;

i) They shall pay charges, fees for grant of license for transport of dangerous goods as prescribed by law;

k) They shall send reports on the process of transporting dangerous goods to the Vietnam Environment Administration and the provincial Services of Natural Resources and Environment in localities where they have registered business before June 15 and December 15 annually (according to the set form in annex 7 of this Circular) in case where they have license for transport of dangerous goods granted under a definite term;

l) They shall send reports on the process of transporting dangerous goods to the Vietnam Environment Administration and the provincial Services of Natural Resources and Environment in localities where they have registered business before December 15 annually (according to the set form in annex 7 of this Circular) in case where they are not required to have license for transport of dangerous goods as prescribed in Clause 2 Article 4 of this Circular.

3. Responsibilities of person controlling means of transporting dangerous goods:

a) They only transport dangerous goods when they have license for transport of dangerous goods or satisfy conditions for transport specified in Article 4 of this Circular;

b) They only transport dangerous goods when they have license for transport of dangerous goods or satisfy conditions for transport specified in Article 4 of this Circular;

c) They shall notify specialized agencies on environmental protection in localities to coordinate in processing, limiting and remedying consequences when environment incidents happen during transport;

d) They must strictly abide by provisions on schedule of transport and fully comply with notice of owners of dangerous goods, owners of means of transporting dangerous goods. During transport, they are not permitted to arbitrarily move dangerous goods to other means of transport, except for emergency cases due to disaster, unforeseen incidents;

e) They are not permitted to stop means of transport at a distance of less than 100m at areas having high risks on environment and health, except for cases where they must stop, anchor as prescribed by law on transport.

In case of having no escort of dangerous goods, they must implement additionally responsibilities of escorts of dangerous goods as prescribed at Clause 4 this Article.

4. Responsibilities of escorts of dangerous goods:

When they transport dangerous goods, they must bring together Plan on prevention and response of environmental incidents in transport of dangerous goods; chemical safety sheet of dangerous goods required to be transported which is written in Vietnamese; instructions on safe transport of dangerous goods made by producers (if any) and necessary papers as prescribed by current law; 

b) They shall check conditions for transport of dangerous goods before transport, at least 02 (two) hours/ times during transport and after transport in order to ensure safe transport as prescribed by law;

c) They shall monitor, supervise the loading, unloading of dangerous goods on means of transport; preserve dangerous goods; take responsibilities for safety, environmental hygiene;

d) They shall conduct records in diary book during transport;

e) They shall notify relevant agencies and implement activities of response, remedy of environmental incidents according to the plan on prevention and response of environmental incidents in transport of dangerous goods;

e) They shall bring fully means for personal protection when they have contact with goods that dangerous to environment or when they process environmental incidents happening during transport;

Article 21. Responsibilities of specialized agencies on environmental protection in localities

1. They shall assist the provincial and district-level People’s Committee and the Vietnam Environment Administration and relevant agencies to check conditions for transport of dangerous goods of organizations and individuals as prescribed in this Circular.

2. They shall report to superior management agencies and notify relevant agencies to coordinate, mobilize necessary forces in timely handling environmental incidents, remedying consequences.

3. If environmental incident happens in transport of dangerous goods, specialized agencies on environmental protection in localities where incident happens shall timely mobilize forces and coordinate with the local People’s Committees and relevant agencies for:

a) Supporting the persons controlling means of transport and escorts of dangerous goods in saving people, dangerous goods and means of transport;

b) Taking victims out from area of accident and organizing first-aid for victims;

c) Isolating areas, moving residents out from areas influenced by danger;

d) Organizing and allocating forces to protect the scene, dangerous goods, means of transport to continue transport or storing in warehouses, yards, transship according to guide of competent state management agencies and serve the work of investigation, response and remedy of consequences.

4. The specialized agencies on environmental protection in localities where environmental incidents happen shall directly guide the processing of incidents and remedy of consequences. In case of big incidents falling beyond their capacity of handling, they shall report to the provincial People’s Committees for handling.

5. The provincial Services of Natural Resources and Environment where organizations and individuals have registered their business shall conduct inspection, supervision over organizations and individuals which have been granted licenses for transport of dangerous goods during transport of dangerous goods. When detecting violations, they may handle or propose handling of violations as prescribed by law.

Article 22. Responsibilities of the Vietnam Environment Administration

1. It shall organize the appraisal of dossiers and grant, adjustment, extension, re-grant or deprivation of license for transport of dangerous goods. In case of refusal for grant, adjustment, extension, re-grant of licenses for transport of dangerous goods, it shall reply in writing in which clearly stating reason thereof.

2. It shall directly inspect or assume the prime responsibility for, and coordinate with the specialized agencies on environmental protection in localities and relevant agencies in checking conditions for transport of dangerous goods of organizations and individuals as prescribed in this Circular.

3. It shall preside over inspection, supervision of organizations and individuals which have been granted licenses for transport during transport of goods dangerous to environment.

4. It shall join in and coordinate with the specialized agencies on environmental protection in localities and relevant agencies where environmental incidents happen to guide the handling of incidents and remedy of consequences.

5. It shall copy and send licenses for transport of dangerous goods to the provincial Services of Natural Resources and Environment where organizations and individuals have registered their business.

6. It shall collect and use charges, fees for license for transport of dangerous goods as prescribed by law.

Chapter 5.

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 23. Organization of implementation

1. The Vietnam Environment Administration shall popularize, guide, monitor and inspect implementation of this Circular.

2. The provincial/municipal Services of Natural Resources and Environment, the district-level Divisions of Natural Resources and Environment  shall organize implementation of this Circular.

3. Ministries, Ministerial-level agencies, Government-attached agencies, People's Committees at all level and relevant organizations and individuals shall implement this Circular.

Article 24. Effect

1. This Circular takes effect on March 01, 2014.

2. In the course of implementation, any arising problems should be reported to the Ministry of Natural Resources and Environment for guidance, amendment, and supplementation as appropriate.

ANNEX 1

LIST OF DANGEROUS GOODS BEING HAZARDOUS SUBSTANCES AND INFECTIOUS SUBSTANCES
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

Note: Column (5) – Dangerous number means a two-or three-digit code showing physical or chemical nature of type of transported dangerous goods (26: toxic gas, 60: toxic substance, 66: substance with high toxicity, 606: infectious substance) according to general guidelines of United Nations on transport of dangerous goods, in which:

- If the first digit is 6, it shows that it is toxic substance or it has risk of infection; if the first digit is 2, it shows that it is emitted when suffering a pressure or chemical reactions are generated;

- If the second digit repeats the first digit, it shows the increase of danger; if the second digit is 0, it shows the accuracy description of dangerous characteristics of the transported goods.

ANNEX 2

LIST OF CHEMICALS WHICH ARE NOT COMPATIBLE WITH EACH OTHER
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

ANNEX 3

FORM OF APPLICATION FOR GRANT OF LICENSE FOR TRANSPORT OF DANGEROUS GOODS BEING HAZARDOUS SUBSTANCES AND INFECTIOUS SUBSTANCES
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------------

APPLICATION FOR GRANT OF LICENSE FOR TRANSPORT OF DANGEROUS GOODS BEING HAZARDOUS SUBSTANCES, INFECTIOUS SUBSTANCES

Respectfully to: ................................................................................

Name of organization / individual requests for license for transport …………………

Address: ....................................................................................................................

Telephone:……………………. Facsimile: ………………………………………

Email: ......................................................................................................................

Business registration No. ……………… date………………….at………………………

Full name of legal representative ……………………….Position…………………

ID card/passport number: ……………………………………………………….

The issuing unit:………………………… day of issue ……………………….

Permanent residence address…………………………………………………………

Request your agency for considering and granting license for transport of dangerous goods being hazardous substances, infectious substances bellows:

Dossier of requesting for grant of license for transport includes:

1.

2.

….

I commit to ensure safety upon joining in traffic and perform fully legislations on transport of goods dangerous to environment.

ANNEX 4

FORM OF TABLE DECLARING LIST, VOLUME AND SCHEDULE OF TRANSPORT; LIST OF MEANS OF TRANSPORT, PERSONS CONTROLLING MEANS OF TRANSPORT AND ESCORTS OF DANGEROUS GOODS
(Promulgated together with Circular No. 52 /2013 /TT-BTNMT dated December 27, 2013, of Minister of Natural Resources and Environment)

LIST, VOLUME AND SCHEDULE OF TRANSPORT; LIST OF MEANS OF TRANSPORT, PERSONS CONTROLLING MEANS OF TRANSPORT AND ESCORTS OF DANGEROUS GOODS

Note:

 (1): writing clearly name of dangerous goods, kind, group of goods, UN number and dangerous number as prescribed in Annex 1 of this Circular;

 (2): writing clearly volume of dangerous goods under carriage, monthly, quarterly, yearly;

 (3): writing clearly kind of means, control signboard;

(4): writing clearly the tentative time of transport within 12 months;

 (5): writing according to registration of means of transport;

 (6): writing clearly information of address of departure, destination including from location of receiving goods to warehouses of organization, individual and from warehouses to other locations (if any);

 (7, 8): writing clearly full name and number of ID card/ passport, date of issue, place of issue.

ANNEX 5

FORM OF PLAN ON PREVENTION AND RESPONSE OF ENVIRONMENTAL INCIDENTS DURING TRANSPORT OF DANGEROUS GOODS
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

I. Information of kind of dangerous goods required to be transported

1. Name of dangerous goods, kind, group of goods, UN number, CAS code, dangerous number;

2. Volume of dangerous goods required to be transported;

3. Schedule of transport (time of transport, location (departure, transshipment, destination).

4. Description of packing, packaging, containers of dangerous goods and means of transporting dangerous goods (enclosed with images for illustration, if any), including:

- Kinds of packaging, containers which are anticipated to be used during transport; material and holding capacity of each packaging, container;

- Requirements on technical standards for packing, packaging, containers of dangerous goods enclosed with standard of application as announced by producers; conditions for preservation;

- Requirements on labeling, sticking symbol, sign of danger;

- Tentative means of transport and satisfaction of requirements on fire prevention and fighting, equipment to cover dangerous goods and equipment, materials to respond to incidents.

II. Forecast of risk of happening environmental incidents during transport:

- Forecast of risks as: Leakage, pouring; fire, explosion; or dangerous goods are stolen.

- Determination of conditions, reasons inside as well as impacts outside that may result incidents.

- Estimation of next consequences, scope and extent of impacts to people and surrounding environment when incidents are not controlled, prevented.

III. Measures to limit, respond and overcome environmental incidents:

- Measures to limit, respond and overcome incidents must be built specifically and corresponding to risk of happening incidents.

- Description of measures, process on management; technical measures to collect and clean the polluted areas (for environment of surface water, underground water, land, air…).

IV. Capability to respond and overcome environmental incidents:

1. Description of status and quantity of equipment and means used for response, overcome of incidents (kind of equipment, quantity, function/characteristic...): Sawdust, sand or diatonic; shovel; empty cask; hand pump and pipe…

2. Description of status and quantity of means for personal protection (polylaminated protective clothes; gloves (Vinton or nitride or vitrine); boot; gas masks; fire extinguisher…)

3. Description of human force participating in response and overcome of incidents.

- Description of system of organization, execution and direct participation in handling of incidents.

- Plan on moving residents and assets out from areas influenced by danger (what is it situation, residents must be moved, and how are residents organized to move).

- Description of system of insider information and notify outside in cases of incidents.

+ Name and contact telephone number of owner of dangerous goods, owner of means of transport of dangerous goods, persons controlling means of transport and escorts of dangerous goods.

+ Contact telephone number of state management agencies competent to grant of license for transport of dangerous goods; agencies of environmental management, agencies of Police for fire prevention and fighting, agencies of Environmental Police and other relevant agencies in localities under schedule of transport.

+ Description of plan on coordination among relevant agencies.

ANNEX 6

FORM OF PLAN ON CLEANING EQUIPMENT AND ENSURING REQUIREMENTS ON ENVIRONMENTAL PROTECTION AFTER ENDING TRANSPORT
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

1. Position to implement process of washing, cleaning means of transport, packaging, containers, equipment used during transport.

2. Material facilitates used for the process of washing, cleaning means of transport, packaging, containers, equipment used during transport.

3. Processing of solid, liquid wastes which are collected after washing, cleaning means of transport, packaging, containers, equipment used during transport.

4. Other relevant environmental protection activities.

ANNEX 7

FORM OF REPORT ON THE PROCESS OF TRANSPORTING DANGEROUS GOODS
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

REPORT ON THE PROCESS OF TRANSPORTING DANGEROUS GOODS

(From………..To……….)

Respectfully to: (state management agencies competent to grant of license for transporting dangerous goods)

1. General information:

Name of owner of means of transporting dangerous goods/Owner of dangerous goods:

Address:

Telephone:               Facsimile:

E-mail:

No. of license for transport of dangerous goods being hazardous substances, infectious substances: ……………..dated……….

2. General situation on transport of dangerous goods in the report period.

3. Statistics of contents involving transport of dangerous goods in the report period.

4. Report on cleaning and removing, erasing all symbols and signs of danger on means of transport after ending transport of dangerous goods.  

5. Report on result of implementation of plan on prevention and response of environmental incidents in transport of dangerous goods in the report period.

6. Plan on transport of dangerous goods in the next report period.

7. Other matters.

8. Conclusions and proposals.

ANNEX 8

FORM OF WRITTEN RECORD ON CHECKING CONDITIONS FOR TRANSPORT OF DANGEROUS GOODS
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

WRITTEN RECORD OF CHECKING CONDITIONS FOR TRANSPORT OF DANGEROUS GOODS

At ………o’clock …….data………..

At:…… ...............................................................................................................

We are:

Members of examination team:

.......................................................................................................................

.......................................................................................................................

.......................................................................................................................

Owner of means of transporting dangerous goods/Owner of dangerous goods:

.......................................................................................................................

.......................................................................................................................

.......................................................................................................................

Having checked conditions for transport of dangerous goods as prescribed in the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment, on transport of dangerous goods being hazardous substances, infectious substances.

Situation and result of examination as follows:

I. Examination on owner of means of transporting dangerous goods/owner of dangerous goods:

List of dangerous goods (name of dangerous goods, UN number, kind, group of goods, dangerous number, volume of dangerous goods, and schedule of transport).

1.2. License for business registration or transport of dangerous goods.

1.3. Chemical safety sheet of kinds of dangerous goods required to be transported written in Vietnamese.

1.4. Result of test on packaging, containers of dangerous goods (if any).

1.5. Plan on prevention and response of environmental incidents during transport of dangerous goods.

1.6. Plan on cleaning equipment and ensuring requirements on environmental protection after ending transport.

II. Examination on persons controlling means of transport and escorts of dangerous goods

III. Examination on other conditions

2.1. Conditions for packing, packaging, containers, labeling, symbol and sign of danger

2.2. Conditions involving means of transport

- Examination on conditions for means of transport as prescribed in Articles 5, 6, 7, 8, 9 and 10 of the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment, on transport of dangerous goods being hazardous substances, infectious substances.

2.3. Examination on situation and quantity of equipment and means used for response, overcome of incidents; situation and quantity of means for personal protection.

IV. Comments, proposals:

.......................................................................................................................

.......................................................................................................................

The written record is made at ……..o’clock …….., date…………, including ………..pages and made into ……… copies, each relevant party keeps …….. copy(ies), has been read again for everyone, who recognize that it is right and agree to sign below.

ANNEX 9

FORM OF LICENSE FOR TRANSPORT OF DANGEROUS GOODS BEING HAZARDOUS SUBSTANCES AND INFECTIOUS SUBSTANCES
(Promulgated together with the Circular No. 52/2013/TT-BTNMT dated December 27, 2013 of the Minister of Natural Resources and Environment)

Note: - If organization or individual request for license for transport of dangerous goods for many means of transport, many persons controlling means of transport and many escorts of dangerous goods, contents in items 3, 6, 7 of form of license for transport of dangerous goods should be elaborated into Annex 1. And contents in items 3, 6, 7 will be written: “see in Annex 1 enclosed with this license”.

- If organization or individual has schedule of transport to various locations with various transported volume, contents in items 8, 9 should be elaborated into Annex 2. And content in items 8, 9 will be written: “see in Annex 2 enclosed with this license”.