Nghị định 29/2005/ND-CP

DECREE

ON THE LIST OF DANGEROUS GOODS AND THE TRANSPORT OF DANGEROUS GOODS ON INLAND WATERWAYS

THE GOVERNMENT

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2005;

At the request of the Minister of Transport,

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the list of dangerous goods and the transport of dangerous goods on inland waterways.

2. The transport of dangerous goods on inland waterways serving National defense and security of the armed forces shall be specified by the Minister of National Defense and the Minister of Public Security.

3. The transport of radioactive materials, explosives, industrial explosives on inland waterways must comply with relevant laws apart from the regulations in this Decree.

Article 2. Subjects of application

1. This Decree is applicable to Vietnamese and foreign organizations and individuals relating the transport of dangerous goods on inland waterways.

2. Where International Agreements to which the Socialist Republic of Vietnam is a signatory are at odds with this Decree, such International Agreements shall apply.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Dangerous substances are substances or compounds in solid, liquid, or solid from that may harm life and health of humans, the environment, the national security and safety.

2. Dangerous goods are goods that contain dangerous substances that may harm life and health of humans, the environment, the national security and safety when they are transport on inland waterways.

3. Deliverers of dangerous goods are organizations and individuals that use vehicles to transport dangerous goods on inland waterways

4. Hirers are organizations and individuals that sign contracts to transport dangerous goods with deliverers.

5. Consignor is the organization or individual whose name is mentioned as the consignor on the delivery note.

6. Consignee is the organization or individual whose name is mentioned as the consignee the delivery note.

7. Dockers are organizations and individuals that directly load and unload dangerous goods at ports and inland wharves.

Chapter 2

DANGEROUS GOODS

Article 4. Classification of dangerous goods

1. Depending on chemical and physical properties, dangerous goods are classified as follows:

Class 1: Explosives.

Group 1.1: Explosives.

Group 1.2: Industrial explosives.

Class 2: Flammable and poisonous gases.

Group 2.1: Flammable gases.

Group 2.2: Poisonous gases.

Class 3: Flammable liquids.

Class 4: Flammable solids.

Group 4.1. Flammable solids, self-reactive substances, and desensitized solid explosives.

Group 4.2: Spontaneously combustible substances.

Group 4.3: Substances that produce inflammable gases when react with water.

Class 5: Oxidizing agents.

Category 5.1: Oxidizing agents.

Group 5.2: Organic peroxides

Class 6: Toxic and infectious substances.

Group 6.1: Toxic substances.

Category 6.2: Infectious substances.

Class 7: Radioactive substances.

Class 8: Corrosive substances.

Class 9: Miscellaneous dangerous goods and substances.

2. Packages and containers of dangerous goods that are not cleaned on the inside and outside after all dangerous goods are taken out are also considered equally dangerous goods.

Article 5. List of dangerous goods

1. The list of dangerous goods is sorted by class and group, attached with UN codes and numbers (Appendix 01 to this Decree).

2. The danger of each substance in the list of dangerous goods is expressed by a code with 2 – 3 digits (Appendix 2 to this Circular).

3. The Prime Minister shall decide the amendments to the list of dangerous goods at the request of the agencies prescribed in Article 7 of this Article.

Article 6. Packaging, branding, hazard symbols and danger signs

1. Dangerous goods that require packaging must be packaged before being transported on inland waterways. The packaging of dangerous goods shall comply with Vietnam’s Standards and regulations of competent authorities.

2. Packages and containers of dangerous goods must be meet the standard and bear the hazard symbols. Sizes and colors of hazard symbols must comply with Section 1 of Appendix 3 to this Decree.

3. Dangerous goods shall be labeled in accordance with the Prime Minister’s regulations on labeling goods being sold in Vietnam, exported and imported goods.

4. Vehicles used for transporting dangerous goods must bear hazard symbols. Where a vehicle carries various types of dangerous goods, it must bear all corresponding hazard symbols. Hazard symbols shall be sticks on the side of the vehicle.

The danger sign is an orange rectangle with a UN number in the middle. The size of the danger sign is specified in Section 2 of Appendix 3 to this Decree. The danger sign shall be placed below the hazard symbol.

Article 7. Responsibility to formulate and amend the regulations on dangerous goods

The following agencies shall formulate, amend, and issue or request competent authorities to issue regulations on the list of dangerous goods, standards of packages and container of dangerous goods:

1. The Ministry of Agriculture and Rural development shall formulate and amend the regulations on pesticides and veterinary medicines.

2. The Ministry of Health shall formulate and amend the regulations on hazardous chemicals used in medicine, pesticides and germicides used in families.

3. The Ministry of Trade shall formulate and amend the regulations on gasoline, oil, and flammable gases.

4. The Ministry of Industry shall formulate and amend the regulations hazardous chemicals used in industrial production.

5. The Ministry of Science and Technology shall formulate and amend the regulations on radioactive substances.

6. The Ministry of Natural Resources and Environment shall formulate and amend the regulations on other dangerous chemicals.

Chapter 3

TRANSPORT OF DANGEROUS GOODS

Article 8. Conditions for participating in the transport of dangerous goods

1. Crewmembers on vehicles used for transporting gasoline, oil, liquefied gases and chemicals must be trained and obtain qualifications in transporting dangerous goods as prescribed by the Ministry of Transport.

2. Warehouse-keepers, dockers at ports and inland wharves must be trained in accordance with the programs provided by the Ministry of Transport.

3. Escorts, warehouse-keepers, dockers at warehouses of goods owners at ports and inland wharves must be trained in dangerous goods as prescribed by the agencies in Article 7 of this Decree.

Article 9. Loading and unloading dangerous goods

1. Dockers must load and unload dangerous goods in accordance with the regulations of the agencies in Article 7 of this Article.

2. The captain shall draw a diagram of the arrangement of dangerous goods pursuant to the regulations of the agencies in Article 7 of this Article and instructions of the consignor.

The arrangement of dangerous goods on the vehicle must comply with the diagram drawn by the captain. Dangerous goods must be padded and tied, depending on their properties. Do not put the goods that can react with each other and increase the danger in the same hold of a vehicle.

3. Dangerous goods in warehouses at ports and inland wharves must be loaded and unloaded in accordance with the instructions of the warehouse-keepers. Pursuant to the instructions of the consignor, warehouse-keepers shall provide guidance and supervise the loading and unloading of dangerous goods stored in warehouses at ports and inland wharves.

4. The dangerous goods that must be isolated during loading, unloading, and storage must be loaded, unloaded at separate docks, and stored at isolated places.

5. After all dangerous goods are removed from the warehouse, the place where dangerous goods were stored must be cleaned in order to avoid impacts on other goods.

Article 10. Requirements of vehicles used for transporting dangerous goods

Apart from complying with to the Law on Inland Waterway Navigation, vehicles used for transporting dangerous goods must satisfy the following requirements:

1. The vehicle is issued with the Certificate of technical safety and environment protection as prescribed by the corresponding registries, which suit the classes and groups of dangerous goods carried.

2. After all dangerous goods are unloaded, the vehicle must be properly cleaned at proper places if it no longer transports that kind of goods.  

The Ministry of Natural Resources and Environment shall cooperate with other agencies in Article 7 of this Decree in providing guidance on the procedure and places for cleaning vehicles after transporting dangerous goods.

Article 11. Responsibilities of the deliverer

Apart from complying with to the Law on Inland Waterway Navigation, the deliverer must also:

1. Only agree to transport the dangerous goods that require the license to transport dangerous goods when the license to transport dangerous goods on inland waterways is issued, and the packaging, labels, hazard symbols are conformable with Article 6 of this Decree.

2. Check the dangerous goods and ensure the safety throughout the transport.

3. Comply with the instructions of the hirer and the license to transport dangerous goods.

4. Provide instructions for the captain or the vehicle operator on the regulations on transporting dangerous goods on inland waterways.

Article 12. Responsibilities of the captain and vehicle operator

Apart from complying with to the Law on Inland Waterway Navigation, the captain or vehicle operator must also:

1. Comply with the regulations in the license to transport dangerous goods when transporting dangerous goods that require the license to transport dangerous goods.

2. Comply with the instructions of the hirer and the deliverer.

3. Make at least 04 dossier on the dangerous goods, each dossier must have 01 note of delivery and 01 goods arrangement diagram apart from the papers relating to dangerous goods (01 dossier is sent to the deliverer, 01 dossier is sent to the hirer, 01 dossier is sent to the docker, and 01 dossier is kept on the vehicle).

4. Appoint crewmembers to provide instructions and supervise the loading and unloading of dangerous goods on the vehicle; preserve dangerous goods throughout the transport if escorts are not available.

5. Take measures for eliminating or minimizing the harm of dangerous goods; send reports to the local People’s Committee and relevant agencies when dangerous goods face a problem that threatens the safety of people, vehicles, the environment, and other goods, or when a traffic accident happens during the transport. If the situation is overwhelming, the deliverer and the hirer must be immediately informed to deal with in cooperation.

Article 13. Responsibilities of the hirer

Apart from complying with to the Law on Inland Waterway Navigation, the hirer must also:

1. Obtain the license to transport dangerous goods when transporting dangerous goods that require the license to transport dangerous goods.

2. Make the note of consignment and give it to the deliverer before unloading the goods, specifying the names of dangerous goods, numbers, classes and groups of dangerous goods; weight, type of packages; quantity of packages; date of manufacture, producer; full name and address of the consignor; full name and address of the consignee.

3. Notify the deliverer in writing of the requirements during the transport, and provide guidance on dealing with accidents caused by dangerous goods, even with escorts. Take responsibility for the damage caused by delayed provision or inaccuracy of information, documents, and instructions.

4. Provide escorts for the dangerous goods that require escort as prescribed by the agencies in Article 7 of this Decree. Escorts shall provide instructions, supervise the loading an unloading of dangerous goods, cooperate with crewmembers in preserving dangerous goods, and dealing with accidents that happen during the transport.

Article 14. Responsibilities of local People’s Committees

When an accident happens during the transport of dangerous goods on inland waterways, the People’s Committee that receives the report shall mobilize forces to:

1. Save people, vehicles, and dangerous goods

2. Move victims from the site and give them first-aid.

3. Impose blockade, evacuate people from the polluted and toxic areas, request the superior People’s Committee to mobilize forces to prevent fire, epidemics, protect the environment, deal with the accident and alleviate the consequences.

4. Mobilize forces to protect the site, dangerous goods, and the vehicle to continue the transport, serve the investigation, and alleviate the consequences.

Article 15. Authority to issue the license to transport dangerous goods 

1. Based on the danger of the goods in the list of dangerous goods provided in Appendix 1 to this Decree, the agencies in Clause 2 of this Article shall specify the classes, groups, and names of dangerous goods that require the license to transfer dangerous goods on inland waterways.

2. The authority to issue the license to transport dangerous goods:

a) The Ministry of Public Security shall specify the issuance of licenses to transport the goods classified into class 1, class 2, class 3, class 4, and class 9.

b) The Ministry of Science and Technology shall specify the issuance of licenses to transport the goods classified into class 5, class 7, and class 8;

The Ministry of Health shall specify the issuance of licenses to transport hazardous chemicals used in medicine, pesticides and germicides used in families.

a) The Ministry of Natural Resources and Environment shall specify the issuance of licenses to transport other classes and groups of dangerous goods.

3. The Prime Minister shall decide the transport of the following kinds of dangerous goods:

a) The dangerous goods serving the urgent needs for preventing and suppressing epidemics and natural disasters;

b) The dangerous goods in transit of the countries and international organizations that have not entered into any international agreement with Vietnam.

Article 16. Contents of the license to transport dangerous goods, procedure and deadline for issuing the license to transport of dangerous goods

1. A license to transport dangerous goods shall contain:

a) The name, registration number, and tonnage of the vehicle;

b) The name and address of the vehicle owner;

c) The full name of the captain; the number and rank of the captain’s qualification;

d) Names, classes, groups, and quantity of dangerous goods;

dd) The name of the port or inland wharf where dangerous goods are loaded and unloaded.

e) The schedule and duration of the transport of dangerous goods.

2. The agencies in Article 15 of this Decree shall specify the procedure, deadline for issuing the license, the management and issuance of the license. The license to transport of dangerous goods must contain all information prescribed in Clause 1 of this Article.

3. The license to transport dangerous goods shall be issued to each shipment or each period, but its duration must not exceed 12 months.

Chapter 4

INSPECTION AND PENALTIES FOR VIOLATIONS

Article 17. Inspecting the transport of dangerous goods on inland waterways

1. The agencies in Article 7 and Article 15 of this Decree, within their area of competence, shall inspect the conformity with this Circular.

2. Inland waterway inspectors, waterway traffic police, and Port Authority, within their area of competence, shall inspect the transport of dangerous goods on inland waterways. 

Article 18. Penalties for violations

People who commit violations against this Decree, depending on the nature and seriousness of the violations, shall carry administrative penalties, or charged with crimes, and pay compensation for any damage as prescribed by law.

Chapter 5

IMPLEMENTATION

Article 19. Effect

This Decree takes effect after 15 days from the day on which it is published on the Official Gazette; the previous regulations at odds with this Decree are annulled.

Article 20. Organizing the implementation

The Minister of Public Security, the Minister of Science and Technology, the Minister of Transport, the Minister of Industry, the Minister of Health, the Minister of Agriculture and Rural development, the Minister of Commerce, and the Minister of Natural Resources and Environment shall provide guidance on the implementation of this Decree within their area of competence.

Article 21. Responsibility to implement

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree.