Chương 4 Nghị định 104/2009/NĐ-CP: Vận chuyển hàng nguy hiểm

Chapter IV

TRANSPORT OF DANGEROUS GOODS

Article 11. Conditions on laborers engaged in the transport of dangerous goods

1. Drivers of dangerous goods-carrying vehicles must be trained and granted certificates of training in dangerous goods according to regulations of line ministries defined in Clause 2, Article 10 of this Decree.

2. Storekeepers and escorts of dangerous goods must be trained in dangerous goods which they escort or preserve.

3. Line ministries defined in Clause 2, Article 10 of this Decree shall:

a/ Provide for types of dangerous goods for which vehicle drivers must be trained in and possess training certificate certificates;

b/ Provide for types of dangerous goods which require escorts during transport:

c/ Organize training courses and grant certificates to vehicle drivers defined at Point a. Clause 3 of this Article/

d/ Organize training courses for storekeepers and escorts of dangerous goods.

Article 12. Loading and unloading of dangerous goods onto and from vehicles and keeping thereof in stores and storing yards

1. Organizations and individuals engaged in the loading or unloading of dangerous goods onto or from vehicles or the keeping thereof in stores and storing yards shall abide by instructions on preservation, loading, unloading and transport of each type of dangerous goods or the notices of goods consignors.

2. The loading and unloading of dangerous goods must be carried out under the direct instruction and supervision of storekeepers or escorts.

3. In cases which no goods escorts is required under Article 11 of this Decree, carriers shall load and unload goods under the instructions of goods consignors.

Article 13. Requirements on dangerous goods-carrying vehicles

1. Transport vehicles must be roadworthy.

2. Special-use equipment of dangerous goods-carrying vehicles must satisfy standards prescribed by line ministries defined in Clause 2, Article 10 of this Decree.

3. Based on standards prescribed by line ministries, road motor vehicle-inspecting agencies shall inspect and certify road motor vehicles' qualification for the transport of dangerous goods.

4. Dangerous goods-carrying vehicles must be stuck with the danger symbol prescribed for the class or group of the transported goods. If a vehicle is loaded with goods of different classes, it must be stuck with the symbols prescribed for all these goods. Symbols will be stuck at both sides and at the rear of vehicles.

5. If dangerous goods-carrying vehicles, after having such dangerous goods unloaded, are not used to transport goods of these types, they must be cleansed and have all danger symbols stuck thereon removed.

6. It is strictly prohibited to use vehicles which are not up to technical standards or unqualified for transport of dangerous goods to transport dangerous goods.

Article 14. Provisions on assurance of safety during transport of dangerous goods

During the transport of dangerous goods, apart from abiding by the Law on Road Traffic, guiding documents and relevant laws, vehicle owners and drivers shall:

1. Comply with regulations on transport routes, parking points and stops en route, transport time and loading capacities of transporting vehicles stated in permits.

2. Abide by requirements of goods consignors stated in the notices sent to consignees.

3. When transporting dangerous goods being flammable substances, substances liable to spontaneous combustion, desensitized liquid or solid explosives through bridges or tunnels of special importance or other works under construction on traffic roads involving high temperature, wielding sparks or electric sparks, strictly abide by the instructions of units which manage or directly build these works.

Article 15. Responsibilities of goods consignors

1. To pack goods in proper sizes and weight with proper packages and tanks according to technical safety regulations applicable to each type of goods.

2. The outer packages must be stuck with goods labels and the danger symbol as prescribed in Clauses 1 and 2, Article 9 of this Decree.

3. To have a dossier on dangerous goods, comprising:

a/ The goods consignment bill, clearly stating the appellation, code number, class and group of goods, gross weight, type of package, number of packages, date and place of manufacture, and addresses of the goods consignor and goods consignee;

b/ The permit for transport of dangerous goods, issued by a competent agency (for dangerous goods banned from circulation).

4. To notify in writing the carrier of requirements which must be satisfied during transport and instructions for coping with accidents or incidents, if any, even in case goods are transported with an escort.

5. To send persons to escort goods which must be escorted.

6. Line ministries defined in Clause 2. Article 10 of this Decree shall guide the implementation of this Article regarding dangerous goods of classes and groups under their management.

Article 16. Responsibilities of carriers

1. To use transport vehicles which are up to the standards prescribed for the types of dangerous goods to be transported.

2. To check the to-be transported goods to ensure safety during transport according to regulations.

3. To fully comply with the notices of goods consignors and provisions of the dangerous goods transport permit.

4. To conduct the transportation only after obtaining a permit and displaying all danger symbols and placards.

5. To instruct vehicle drivers to comply with regulations during the transport of dangerous goods mentioned in Article 14 of this Decree.

6. Carriers shall accept consignment only when all procedures are carried out and goods are accompanied with valid dossiers and properly packaged so as to ensure safety during transport.

Article 17. Responsibilities of local People's Committees upon occurrence of incidents during the transport of dangerous goods

If any incident occurs during the transport of dangerous goods, commune-level People's Committee shall promptly mobilize forces to:

1. Assist vehicle drivers and goods escorts (if any) in rescuing people, goods and vehicles.

2. Evacuate victims out of the scenes of incidents and give them first-aid treatment.

3. Protect goods and vehicles for continued transport, storage or transshipment under the guidance of competent agencies.

4. Zone off, and evacuate inhabitants from, affected areas and, at the same time, report the case to the People's Committees of higher levels and other concerned agencies for mobilization of necessary forces for timely handling.