Nghị định 34/2024/NĐ-CP quy định về Danh mục hàng hóa nguy hiểm, vận chuyển hàng hóa nguy hiểm bằng phương tiện giao thông cơ giới đường bộ và phương tiện thủy nội địa

NGHỊ ĐỊNH

QUY ĐỊNH DANH MỤC HÀNG HOÁ NGUY HIỂM, VẬN CHUYỂN HÀNG HOÁ NGUY HIỂM BẰNG PHƯƠNG TIỆN GIAO THÔNG CƠ GIỚI ĐƯỜNG BỘ VÀ PHƯƠNG TIỆN THỦY NỘI ĐỊA

Căn cứ Luật Tổ chức Chính phủ ngày 19 tháng 6 năm 2015; Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Chính phủ và Luật Tổ chức chính quyền địa phương ngày 22 tháng 11 năm 2019;

Căn cứ Luật Giao thông đường bộ ngày 13 tháng 11 năm 2008;

Căn cứ Luật Năng lượng nguyên tử ngày 03 tháng 6 năm 2008;

Căn cứ Luật Hóa chất ngày 29 tháng 6 năm 2018;

Căn cứ Luật Bảo vệ môi trường ngày 17 tháng 11 năm 2020;

Căn cứ Luật Giao thông đường thủy nội địa ngày 15 tháng 6 năm 2004; Luật sửa đổi, bổ sung một số điều của Luật Giao thông đường thủy nội địa ngày 17 tháng 6 năm 2014;

Theo đề nghị của Bộ trưởng Bộ Giao thông vận tải;

Chính phủ ban hành Nghị định quy định về Danh mục hàng hoá nguy hiểm, vận chuyển hàng hoá nguy hiểm bằng phương tiện giao thông cơ giới đường bộ và phương tiện thủy nội địa.

DECREE

ON LIST OF DANGEROUS GOODS, TRANSPORT OF DANGEROUS GOODS BY ROAD MOTOR VEHICLES AND INLAND WATERCRAFT

Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Atomic Energy of Vietnam dated June 3, 2008;

Pursuant to the Law on Chemicals dated June 29, 2018;

The Law on Environmental Protection dated November 17, 2020;

Pursuant to Law on  Inland Waterway Transport dated June 15, 2004 and Law on Amendment to some Articles of the Law on Inland Waterway Transport dated June 17, 2014;

At the request of the Minister of Transport;

The government hereby promulgates a Decree on list of dangerous goods, transport of dangerous goods by road motor vehicles and inland watercraft.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for list of dangerous goods, transport of dangerous goods and grant of licences to transport dangerous goods by road motor vehicles and by inland waterways.

2.  Radioactive substances shall be transported in accordance with the regulations of this Decree and laws on atomic energy.

3. Weapons, explosives, combat gears, explosives precursors and pyrotechnics shall be transported in accordance with laws on weapons, explosives, combat gears, explosives precursors and pyrotechnics.

4. Dangerous goods serving national defense and security tasks of armed forces shall be transported in compliance with regulations of this Decree and in accordance with the organization and management of the Minister of Public Security and Minister of National Defense.

5. Hazardous waste shall be transported according to the regulations of this Decree and laws on environmental protection.

6. In case of conflict between a regulation of this Decree and a regulation of a law on atomic energy, weapons, explosives, combat gears, explosives precursors, pyrotechnics, environmental protection, or fire prevention and fighting, the regulation of the law on atomic energy, weapons, explosives, combat gears, explosives precursors and pyrotechnics, environmental protection or fire prevention and fighting shall prevail.

Article 2. Regulated entities

1. This Decree is applied to Vietnamese and foreign organizations and individuals involved in transport of dangerous goods by road motor vehicles and by inland waterways within the territory of the Socialist Republic of Vietnam.

2. The Prime Minister has the power to decide application of special regulations and measures to transport dangerous goods in the following cases:

a) Urgent transport of goods for prevention and control of infectious diseases, acts of god or conflicts;

b) Transit of goods from countries and international organizations that are not signatories to Vietnam-related international conventions.

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “dangerous substance” refers to a gas, liquid or solid substance or compound that may pose a threat to human life or health, the environment or national security and safety.

2. “dangerous goods” means goods containing dangerous substances that are a risk to human life or health, the environment or national security and safety when transported by land or inland waterways.

3. “carrier" means an organization or individual that uses a road motor vehicle or an inland watercraft to transport dangerous goods.

4. “consignor” refers to an organization or individual that has concluded a contract on transport of dangerous goods by land or inland waterways with the carrier.

5. “loader" means an organization or individual involved in loading and unloading of dangerous goods into or from a road motor vehicle or an inland watercraft or at a warehouse or yard storing dangerous goods.

6. “consignee” means an organization or individual whose name is written on the consignment note.

7. “driver/operator" means a driver of a road motor vehicle or a crew member or operator of an inland watercraft.

8. “escort" refers to an individual employed by the consignor (or goods owner) for the secure carriage of dangerous goods during the transport.

9. “warehouse-keeper” means the main person responsible for managing the status and quantity of all goods from the time they are transferred into the warehouse until they leave the warehouse.

Chapter II

CLASSIFICATION, LISTING, PACKING, LABELLING OF DANGEROUS GOODS AND DANGEROUS GOODS TRAINING PROVISION

Article 4. Classification of dangerous goods

1. Based on their chemical and physical characteristics, dangerous goods are classified into the 9 following classes and divisions:

a) Class 1. Explosives;

Division 1.1: Substances and articles which have a mass explosion hazard.

Division 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard.

Division 1.3: Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.

Division 1.4: Substances and articles which are classified as explosives but which present no significant hazard.

Division 1.5: Very insensitive substances which have a mass explosion hazard.

Division 1.6: No hazard statement.

b) Class 2. Gasses.

Division 2.1: Flammable gases.

Division 2.2: Non-flammable non-toxic gases.

Division 2.3: Toxic gases.

c) Class 3. Flammable liquids and liquid desensitized explosives.

d) Class 4;

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

Division 4.2: Substances liable to spontaneous combustion.

Division 4.3: Substances which in contact with water emit flammable gases.

dd) Class 5;

Division 5.1: Oxidizing substances.

Division 5.2: Organic peroxides.

e) Class 6;

Division 6.1: Toxic substances.

Division 6.2: Infectious substances.

g) Class 7: Radioactive materials;

h) Class 8: Corrosive substances;

i) Class 9: Miscellaneous dangerous substances and articles.

2. Containers and wrappings of dangerous goods that have not been cleaned inside and outside after all goods are unloaded shall also be deemed to be dangerous goods.

Article 5. List of dangerous goods

1. List of dangerous goods which are classified into appropriate classes and divisions and associated UN substance identification numbers and hazard identification numbers is prescribed in Appendix I of this Decree.

2. The hazard level of each substance in the list of dangerous goods is expressed in terms of a hazard identification number consisting of two or three figures which is provided for in Appendix II of this Decree.

Article 6. Packages and containers of dangerous goods

1. Packages and containers of dangerous goods and packaging of dangerous goods in Vietnam’s territory must satisfy the national standards (TCVN) or national technical regulations (QCVN) or relevant laws applicable to such goods. Packages and containers of imports shall comply with the manufacturer's recommendations and requirements.

2.  In case national standards, national technical regulations or relevant laws or international technical standards or regulations announced by relevant ministries have not been provided for, at least the following requirements must be satisfied:

a) Quality of packages and containers must be capable of withstanding shocks and vibrations during transport or transit among vehicles and loading/unloading;

b) Packages and containers must be constructed and closed so as to prevent any loss of contents when prepared for transport which may be caused under normal conditions of transport, by vibration, or by changes in temperature, humidity or pressure;

c) No dangerous residue shall adhere to the outside of packages and containers;

d) Parts of packages and containers that are in direct contact with dangerous substances must be designed to ensure that they are not affected or degraded in quality due to the impact of dangerous substances packed inside; do not affect the composition, features and effects of dangerous goods;

dd) Packages and containers of dangerous goods in a liquid state must be designed to ensure that neither leakage nor permanent distortion occurs as a result of expansion of the liquid caused by changes in temperature; also have an appropriate resistance to the internal pressure that may be developed under normal conditions of transport; conforms to a design type which has passed the drop test before leaving factories;

e) Inner packages and containers that are liable to break or be punctured easily such as those made of glass, porcelain or stoneware or of certain plastics materials, etc., shall be secured in outer packages and containers with suitable cushioning materials;

g) Packages and containers containing volatile substances must be designed to ensure that they are kept from evaporating under normal conditions of transport at the manufacturer's request;

h) Packages and containers of dangerous goods in solid state, granules or powders, shall be designed to ensure that they are not scattered during loading and unloading or under normal conditions of transport.

Article 7. Hazard labels, placards and signs

1. Dangerous goods shall be labelled in accordance with regulations of the Law on Chemicals and laws on goods labels.

2. Hazard placards and signs shall be affixed at a location easily noticed on outer packages and containers.  Size, designs and colours of hazard placards are provided for in Appendix III enclosed therewith.

3. Rectangular hazard signs, their size and colours are provided for using the form specified in Appendix III enclosed therewith. Hazard signs shall be affixed under hazard placards.

Article 8. Dangerous goods training

1. Organization of dangerous goods training

a) Consignors or carriers shall organize dangerous goods training or appoint subjects prescribed in clause 2 of this Article to join training courses of units in charge of dangerous goods training every 02 years;

b) Dangerous goods training shall be organized separately or in combination with other safety training;

c) Persons who have completed dangerous goods training courses must be retrained in the following cases: When there is a change in the category of dangerous goods during transport; when the trained person changes their working position; after 02 inspections of unsatisfactory trained persons; upon expiry of 02 years from the previous training.

2. Operators, escorts, warehouse-keepers and loaders involved in the transport of dangerous goods must be trained.

3. Dangerous goods training contents

a) Dangerous goods training contents must be appropriate to the position and responsibilities of the trainee; nature, type of hazard and level of hazard of dangerous goods. The training manual shall be compiled by consignors or carriers in accordance with classes and divisions specified in Article 4 of this Decree;

b) Training contents include: name of dangerous goods, dangerous nature, classification and labelling; safety risks during storage, loading, unloading, and transportation of dangerous goods; Storage, loading, unloading, and transportation procedures appropriate to the working location; dangerous goods safety regulations; incident response procedures: Use rescue equipment to handle fires, explosions, leaks, dispersal of dangerous substances, provide first aid to victims in incidents, use, preserve, and check safety equipment, vehicles, personal protective equipment to respond to incidents, incident reporting flowchart, cooperate with competent authorities to mobilize resources to respond, troubleshoot incidents, prevent and limit sources of pollution spreading to the environment, collect spilled dangerous substances, and repair the environment after incidents.

4. A dangerous goods training instructor must has either a bachelor’s degree or a higher degree and has at least 5 years of relevant professional work experience.

5. The minimum duration of dangerous goods training shall be 16 hours for each class and division of dangerous goods, including testing period.

6. Evaluating results and maintaining records of dangerous goods training

a) Consignor or carrier or person in charge of dangerous goods training shall take a test for evaluating results of the dangerous goods training;

b) The test of training contents: the test contents must be consistent with the training contents. The maximum testing period is 02 hours. The trainee must achieve at least an average score to pass the test;

c) Within 07 working days from the day on which the dangerous goods training and testing course is completed, the training and testing provider shall make a decision to recognize the testing result and grant a dangerous goods certificate.

7. A dangerous goods training record includes: Training content; list of trainees with information: Full name, date of birth, title, working position, signature confirming participation in training; Information about the instructor includes: Full name, date of birth, educational qualifications, professional qualifications, work experience, accompanied by documentation; testing content and result of the dangerous goods training; Decision to recognize the testing result of dangerous goods training of the provider.

8. The provider shall keep all of the record prescribed in clause 7 of this Article for 03 years and submit them to regulatory authorities upon request.

Chapter III

TRANSPORT OF DANGEROUS GOODS

Section 1. TRANSPORT OF DANGEROUS GOODS BY ROAD MOTOR VEHICLES

Article 9. Requirements for participants in transport of dangerous goods

1. Operators of vehicles carrying dangerous goods (hereinafter referred to as “vehicles”) must satisfy all conditions for operating these vehicles and must receive training and obtain a certificate of completion of dangerous goods training programme according to regulations of this Decree.

2. Escorts, warehouse-keepers, loaders of dangerous goods must receive training and obtain a certificate of completion of dangerous goods training programme applicable to the classes of dangerous goods that they escort, load/unload or store.

Article 10. Requirements for vehicles carrying dangerous goods

1. Vehicles must be roadworthy according to regulations of law.  Specialized equipment of such vehicles must satisfy national technical standards or national technical regulations or regulations of relevant ministries.

2. Each vehicle must have hazard placards affixed on both of its sides as well as on the front and rear in a manner that is easy to observe and recognize. If a vehicle carries multiple classes of dangerous goods, it must be affixed with hazard placards for all those classes of goods.

3. Vehicles must be cleaned and have all hazard placards removed from their bodies when all cargoes have been unloaded and the vehicles no longer transport the same classes of goods. Transport units, operators shall clean and remove the hazard placards from vehicles when the vehicles no longer transport the same classes of goods.

Article 11. Loading and unloading and storage of dangerous goods in warehouses or yards

1. Organizations and individuals involved in loading, unloading and storage of dangerous goods in warehouses or yards must adhere to the guidelines on preservation, loading, unloading and transport of each class of dangerous goods or the instructions provided by the consignor.

2. Loading and unloading of dangerous goods must be directly instructed and supervised by the warehouse-keeper, consignor or escort. Classes of dangerous goods that might react to each other and increase the level of hazard shall not be transported on the same vehicle. Classes and divisions of dangerous goods that require separate loading, unloading and storage must be loaded and unloaded at separate warehouses or yards.

3. When transporting dangerous goods that do not require escorts, the carrier shall load and unload the goods following the consignor's instructions.

4. After all dangerous goods have been moved out, warehouses and yards must be cleaned to avoid affecting other classes of goods.

Article 12. Transport of flammable and explosive substances through tunnels and on ferries

1. Explosives, gases, gasoline, oils and other flammable and explosive substances, solid desensitized explosives shall not be transported through tunnels longer than 100m.

2. A vehicle transporting explosives, gases, gasoline, oils and other flammable and explosive substances shall not be transported together with road users or passengers on a ferry.

Section 2. TRANSPORT OF DANGEROUS GOODS BY INLAND WATERWAYS

Article 13. Requirements for participants in transport of dangerous goods

1. Crew members and drivers working on inland watercraft carrying dangerous goods must receive training and obtain a professional qualification of transport of dangerous goods according to regulations of the Minister of Transport; receive training and obtain a certificate of completion of dangerous goods training programme according to regulations herein.

2. Escorts, warehouse-keepers, loaders of dangerous goods working on inland watercraft and at inland waterway ports and terminals must receive training and obtain a certificate of completion of dangerous goods training programme applicable to the dangerous goods that they escort, load/unload or store.

Article 14. Requirements for inland watercraft carrying dangerous goods (hereinafter referred to watercraft)

1. Watercraft must be seaworthy according to regulations of law.

2. Each watercraft must have hazard placards affixed on both of its sides. If a watercraft carries multiple classes of dangerous goods, it must be affixed with hazard placards for all those classes of goods.

3. Watercraft must be cleaned and have all hazard placards removed from its body when all cargoes have been unloaded and the watercraft no longer transports the same class of goods. Transport unit, crew members or operator of inland watercraft shall clean and remove the hazard placards from the watercraft when the watercraft no longer transports the same class of goods.

Article 15. Loading and unloading and storage of dangerous goods in warehouses or yards

Loaders must load and unload dangerous goods according to regulations on loading and unloading of goods on inland watercraft and the following regulations:

1. Loading and unloading of dangerous goods must be directly instructed and supervised by the warehouse-keeper, consignor or escort; and the captain shall decide positions of the dangerous goods on their watercraft and decide cargo-securing measures suitable to each class or division of dangerous goods. Classes of dangerous goods that might react to each other and increase the level of hazard shall not be placed in the same hold or hatch on the watercraft.

2. When transporting dangerous goods that do not require escorts, the carrier shall load and unload the goods following the consignor's instructions.

3. Classes and divisions of dangerous goods that require separate loading, unloading and storage must be loaded and unloaded at separate wharfs, terminals or warehouses.

4. After all dangerous goods have been moved out, warehouses and yards must be cleaned to avoid affecting other classes of goods.

Chapter IV

DANGEROUS GOODS TRANSPORT LICENCE

Article 16. Contents, template and effective period of the dangerous goods transport licence

1. A dangerous goods transport licence (hereinafter referred to as “licence”) shall consist of the following information

a) Name, address and phone number of the licence holder; full name and title of the legal representative;

b) Class and division of the dangerous goods;

c) Transport route and schedule (if the licence is granted separately to each trip);

d) Effective period of the licence.

If the licence is granted separately to each trip, it must include information on the vehicle and operator/driver thereof, escort(s) (if the transport of dangerous goods requires escort(s)).

2. Each licence template must have a QR code thereon and danger signs provided by the licensing authority.

3. Licences are valid nationwide. The effective period of a licence is that requested by the carrier but does not exceed 24 months and the service life of the vehicle.

Article 17. Authority to grant licences and cases of exemption from grant thereof

1. Ministry of Public Security shall organize grant of licences to transport dangerous goods of class 1, class 2, class 3, class 4 and class 9 prescribed in Clause 1 Article 4 of this Decree (excluding crop protection chemicals and regulations in clause 2 of this Article).

2. Ministry of National Defense shall organize grant of licences to organizations and enterprises under its management.

3. Ministry of Science and Technology shall organize grant of licences to transport dangerous goods of class 5 and class 8 prescribed in Clause 1 Article 4 of this Decree.

4. The People’s Committees of provinces and municipalities shall organize grant of licences to transport dangerous crop protection chemicals.

5. Agencies issuing licences (hereinafter referred to as “licensing authorities”) shall decide transport routes and schedules for classes and divisions of dangerous goods specified in clause 1 Article 4 of this Decree.

6. The licence to transport dangerous goods of class 7 shall be granted according to regulations in Decrees on radiation work and auxiliary atomic energy application services.

7. Licensing authorities shall refuse to grant licences to transport flammable and explosive substances through tunnels or on ferries as prescribed in Article 12 of this Decree.

8. Licences in accordance with regulations herein are not required for the following cases:

a) Transport of less than 1.080 kilogram of liquefied natural gas (LNG) and compressed natural gas (CNG) in total;

b) Transport of less than 2.250 kilogram of liquefied petroleum gas (LPG) in total;

c) Transport of less than 1.500 liter of liquid fuels in total;     

d) Transport of less than 1.000 kilogram of crop protection chemicals in total;

dd) Transport of other dangerous substances of each class or division of dangerous goods.

9. Vehicles are not required to be licensed to transport dangerous goods prescribed in clause 8 of this Article shall ensure fire prevention and fighting safety requirements as prescribed by laws on fire prevention and fighting during transportation.

Article 18. Applications for grant or renewal of licences

1. An application for grant or renewal of a licence includes:

a) An application form for the licence made using the form in Appendix IV of this Decree;

b) A certified true copy or certified true electronic copy  or original of the list of vehicles used for the transport  with unexpired certificates of roadworthiness;

c) A certified true copy or certified true electronic copy or original of the list of drivers/operators of the vehicle carrying dangerous goods (including, full name; ID card number or citizen identification number or passport number; licence number, licence class (for drivers); number of the professional qualification, class (for crew members)) and the list of escorts in cases where an escort is required (including: Full name, ID card number or citizen identification number or passport number) and a certified true copy of the certificate of completion of dangerous goods training programme;

d) A certified true copy or certified true electronic copy or original of the dangerous goods transport plan prepared by the transport unit using the form in Appendix V of this Decree (which includes at least the following contents: Vehicle licence plate; full name of vehicle driver/operator; class of goods; mass; transport route, transport schedule; measures to respond to chemical incidents in transport of dangerous goods);

dd) A certified true copy or certified true electronic copy of the certificate of completion of dangerous goods training programme (for drivers of vehicles carrying dangerous goods by road motor vehicles); A certified true copy or certified true electronic copy of the professional qualification (for crew members transporting dangerous goods by inland watercraft).

2. An application for grant of a licence to transport dangerous goods of class 1, class 2, class 3, class 4 and class 9 includes:

a) An application form for the licence made using the form in Appendix IV of this Decree;

b) A certified true copy or certified true electronic copy or original of the list of vehicles used for the transport  with unexpired certificates of roadworthiness;

c) A certified true copy or certified true electronic copy or original of the list of drivers/operators of the vehicle carrying dangerous goods (including, full name; ID card number or citizen identification number or passport number; licence number, licence class (for drivers); number of the professional qualification, class (for crew members)) and the list of escorts in cases where an escort is required (including: Full name, ID card number or citizen identification number or passport number) and a certified true copy of the certificate of completion of dangerous goods training programme;

d) A certified true copy or certified true electronic copy of the certificate of completion of dangerous goods training programme (for drivers of vehicles carrying dangerous goods by road motor vehicles); A certified true copy or certified true electronic copy of the professional qualification (for crew members transporting dangerous goods by inland watercraft);

dd) A certified true copy or certified true electronic copy or original of the dangerous goods transport plan prepared by the transport unit using the form in Appendix V of this Decree (which includes at least the following contents: Vehicle licence plate; full name of vehicle driver/operator; class of goods; mass; transport route, transport schedule; emergency management in case of fire or explosion incidents); A certified true copy or certified true electronic copy or original of the Oil spill response plan (only applicable to petroleum transport on inland waterways).

3. An application for grant of a licence to transport crop protection chemicals includes:

a) An application form for the licence made using the form in Appendix IV of this Decree;

b) A certified true copy or certified true electronic copy or original of the list of vehicles used for the transport with unexpired certificates of roadworthiness;

c) A certified true copy or certified true electronic copy or original of the list of drivers/operators of the vehicle carrying dangerous goods (including, full name; ID card number or citizen identification number or passport number; licence number, licence class (for drivers); number of the professional qualification, class (for crew members)) and the list of escorts in cases where an escort is required (including: Full name, ID card number or citizen identification number or passport number) and a certified true copy of the certificate of completion of dangerous goods training programme;

d) A physical copy or electronic copy or original of the supply contract or financial invoice for the import and export of pesticides;

dd) A certified true copy or certified true electronic copy or original of the dangerous goods transport plan prepared by the transport unit using the form in Appendix V of this Decree (which includes at least the following contents: Vehicle licence plate; full name of vehicle driver/operator; class of goods; mass; transport route, transport schedule);

e) A certified true copy or certified true electronic copy of the certificate of completion of dangerous goods training programme (for drivers of vehicles carrying dangerous goods by road motor vehicles); A certified true copy or certified true electronic copy of the professional qualification (for crew members transporting dangerous goods by inland watercraft);

4. An application for modifying a licence if there is a change relating to contents of the licence includes:

a) An application form for modifying the licence made using the form in Appendix IVa of this Decree;

b) Documentary evidence for the changes.

5. An application for renewal of a licence upon loss or damage includes an application form for renewal of the licence with reasons for the loss or damage.

Article 19. Procedures for grant or renewal of licences

1. Procedures for grant of a licence

a) The carrier shall submit an application for grant of the licence according to regulations in Clause 1, Clause 2 or Clause 3 of Article 18 of this Decree to a licensing authority.

If the application is submitted in person, the competent administrative authority shall verify the application components and reply as soon as the application is submitted by the applicant; and instruct the applicant to complete the application if it is inadequate or incorrect.

In case the application is submitted by post or the online public services system, within 01 working day after receiving the application, the competent administrative authority shall consider the validity of the application; if the application is invalid, the competent administrative authority shall notify in writing or via the online public services system to the applicant for supplementation and provide instructions on completion of the application.

Licences to transport dangerous goods of class 7 shall be granted according to regulations on radiation work and auxiliary atomic energy application services;

b) Within 05 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application.  If the licensing authority refuses to grant a licence, the authority must inform the applicant in writing or via the online public service system of the refusal and of the reasons for the refusal.

2. Procedures for modifying a licence if there is a change relating to the licence's contents

a) The carrier shall submit an application for grant of the licence according to regulations in Clause 4 Article 18 of this Decree to a licensing authority.

If the application is submitted in person, the competent administrative authority shall verify the application components and reply as soon as the application is submitted by the applicant; and instruct the applicant to complete the application if it is inadequate or incorrect.

In case the application is submitted by post or the online public service system, within 01 working day after receiving the application, the competent administrative authority shall consider the validity of the application; if the application is invalid, the competent administrative authority shall notify in writing or via the online public service system to the applicant for supplementation and provide instructions on completion of the application.

b) Within 03 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application and grant a written document modifying the licence’s contents. If the application is rejected, the licensing authority shall explain the reason to the applicant in writing or via the online public services system.

3. Procedures for renewal of a licence if it is lost or destroyed

a) The carrier shall submit an application for renewal of the licence according to regulations in Clause 5 Article 18 of this Decree to a licensing authority.

If the application is submitted in person, the competent administrative authority shall verify the application components and reply as soon as the application is submitted by the applicant; and instruct the applicant to complete the application if it is inadequate or incorrect.

In case the application is submitted by post or the online public service system, within 01 working day after receiving the application, the competent administrative authority shall consider the validity of the application; if the application is invalid, the competent administrative authority shall notify in writing or via the online public service system to the applicant for supplementation and provide instructions on completion of the application;

b) Within 02 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application.  If the licensing authority refuses to renew a licence, the authority must inform the applicant in writing or via the online public service system of the refusal and of the reasons for the refusal.

4. During transport of dangerous goods, if there is any change to the vehicles and/or drivers listed in the approved licence application, the transport unit must send a notification of the list enclosed with a dossier on the substitute vehicles and drivers to the licensing authority at least 03 working days before transporting the dangerous goods.

Within 01 working day from the date of receipt of the notification enclosed with the dossier from the transport unit, the licensing authority shall verify and send a written notification of the list of substitute vehicles and drivers. If the application is rejected, the licensing authority shall explain the reason to the applicant in writing or via the online public services system.

5. Applications shall be received and results shall be informed at offices of licensing authorities or by post or via the internet environment.

Article 20. Revocation of licences

1. A carrier will have his/her licence revoked in one of the following cases:

a) The carrier provides a copy inconsistent with its original or erroneous information in the application for grant of the licence;

b) The carrier does not transport dangerous goods in accordance with the application for grant of the licence or the licence granted;

c) The carrier terminates his/her operation according to regulations of law;

d) The carrier employs participants in the transport of dangerous goods who do not receive dangerous goods training as prescribed.

2. A licensing authority has the power to revoke a licence that it granted following the procedure belows:

a) Promulgate a decision to revoke the licence;

b) Send the licence revocation decision to the carrier and post it on the licensing authority’s website (if any);

c) Upon promulgation of the licence revocation decision, the carrier shall submit his/her licence to the licensing authority and stop transporting dangerous goods according to the licence revocation decision immediately after its entry into force. If the carrier commits the violations specified in point a, point b and point d clause 1 of this Article, which leads to revocation of the licence, the licensing authority shall not renew the licence for 30 days from the entry into force of the licence revocation decision. After these 30 days, if the carrier wishes to continue transporting dangerous goods, the carrier shall reapply for the licence according to the regulations in Article 18 of this Decree;

d) Announce the revocation of the granted licence via mass media, on web portal or website of the licensing authority.

Chapter V

IMPLEMENTATION

Article 21. Ministry of Transport shall:

1. Take charge and cooperate with relevant ministries and central authorities in amending the list of dangerous goods and proposing it to the Government for promulgation; consolidating reports on transport of dangerous goods in accordance with this Decree.

2. Promulgate national technical regulations on technical safety and environmental protection applicable to inland watercraft and road motor vehicles carrying dangerous goods and specialized equipment permanently attached to these vehicles/watercraft.

3. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods.

Article 22. Ministry of Public Security shall:

1. Manage the list of dangerous goods of class 1 and class 4 within the Ministry's jurisdiction; manage transport of dangerous goods and grant licences according to Clause 1 Article 17 of this Decree.

2. Cooperate with the Ministry of Transport, the Ministry of National Defense, the Ministry of Industry and Trade and Ministry of Natural Resources and Environment in amending the list of dangerous goods of class 1, class 4 and class 9 according to Clause 1 Article 4 of this Decree.

3. Take charge and cooperate with relevant ministries and central authorities in management, inspection and handling of violations against regulations on transport of dangerous goods within the Ministry's jurisdiction. Manage, inspect and handle violations against regulations on dangerous goods training within the Ministry's jurisdiction.

Article 23. Ministry of National Defense shall

1. Manage transport of dangerous goods and issue licences within the Ministry's jurisdiction according to Clause 2 Article 17 of this Decree.

2. Carry out immigration inspection and control, and cooperate in inspecting and supervising dangerous goods, vehicles carrying dangerous goods by road motor vehicles and by inland watercraft in border areas, land border checkpoints, and port border checkpoints according to regulations of law; arrange dedicated lanes for vehicles carrying dangerous goods to circulate at land border checkpoints where many vehicles carrying dangerous goods operate.

Article 24. Ministry of Science and Technology shall:

1. Manage transport of dangerous goods and the list of dangerous goods, and issue licences within the Ministry's jurisdiction according to Clause 3 Article 17 of this Decree.

2. Take charge and cooperate with the Ministry of Transport and the Ministry of Industry and Trade in amending the list of dangerous goods of class 5, class 7 and class 8 according to Clause 1 Article 4 of this Decree for submission thereof for competent authorities’ approval to be disclosed.

3. Stipulate the dangerous goods of class 5 and class 8 that require escorts when transported.

4. Take charge and cooperate with relevant ministries and central authorities in management, inspection and handling of violations against regulations on transport of dangerous goods within the Ministry's jurisdiction. Manage, inspect and handle violations against regulations on dangerous goods training within the Ministry's jurisdiction.

Article 25. Ministry of Health

1. Manage list of dangerous goods of classes of toxic chemicals used in the health section and insecticidal and antibacterial chemicals used in the household sector within the Ministry’s jurisdiction according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport in consulting the Government on amendments to list of dangerous goods relating to toxic chemicals, infectious substances used in the health sector and insecticidal and antibacterial chemicals used in the household sector.

3. Stipulate dangerous goods relating to toxic chemicals, infectious substances used in the health sector and insecticidal and antibacterial chemicals used in the household sector which require escorts upon transport.

4. Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within the Ministry's jurisdiction. Manage, inspect and handle violations against regulations on dangerous goods training within the Ministry's jurisdiction.

Article 26. Ministry of Industry and Trade

1. Manage list of dangerous goods of class 2, class 3, class 9, gasoline, oil, gas and other dangerous chemicals, remaining hazardous toxic chemicals according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport, the Ministry of Public Security and relevant ministry and central authorities in consulting the Government on amendments to the list of dangerous goods of class 2, class 3, class 9, gasoline, oil, gas and other dangerous chemicals, remaining hazardous toxic chemicals according to Clause 1 Article 4 of this Decree.

3. Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within the Ministry's jurisdiction. Manage, inspect and handle violations against regulations on dangerous goods training within the Ministry's jurisdiction.

Article 27. Ministry of Agriculture and Rural Development shall:

1. Manage list of dangerous goods being crop protection chemicals.

2. Take charge and cooperate with the Ministry of Transport in consulting the Government on amendments to list of dangerous goods relating to crop protection chemicals.

3. Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within the Ministry's jurisdiction.

Article 28. Ministry of Natural Resources and Environment shall:

Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within the Ministry's jurisdiction.

Article 29. Ministry of Finance

Carry out immigration inspection and control; inspect and supervise dangerous goods, vehicles carrying dangerous goods in customs controlled areas according to regulations of law.

Article 30. The People’s Committees of provinces and central-affiliated cities

1. Manage transport of dangerous goods and issue licences to transport crop protection chemicals according to Clause 4 Article 17 of this Decree.

2. Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within the Ministry's jurisdiction. Inspect and handle violations against regulations on training in transport of dangerous goods being crop protection chemicals.

3. Direct the People’s Committees of second-level administrative divisions and third-level administrative divisions, in cases of occurrence of incidents during transport of dangerous goods in areas managed by the Committees, to:

a) assist drivers/operators and escorts (if any) in rescuing people, goods, and vehicles;

b) remove victims from incident areas and give first aid to victims;

c) protect goods and vehicles for continued transport, storage, or transhipment according to instructions from competent authorities;

d) establish fenced-in areas and evacuate residents from dangerously affected areas, and report to the superior People's Committees and other relevant agencies to mobilize necessary forces to promptly handle the incidents.

Article 31. Consignors

A consignor shall:

1. Pack each class of dangerous goods in accordance with requirements for their sizes, weights and packaging materials stated in applicable technical standards.

2. Affix hazard placards, hazard signs and goods labels to outer packages and containers according to regulations of Article 7 herein.

3. Prepare 04 copies of a dossier on the dangerous goods to be transported, 03 of which shall be sent to the carrier, unloader and driver of vehicle/captain/operator of inland watercraft and 01 of which shall be retained by the consignor. The dossier shall consist of a consignment note that specifies name, code, class and division, total weight, type of packages, number of packages, manufacture date and location of the dangerous goods; and full names and addresses of the consignor and consignee.

4. Provide the carrier with transport requirements and emergency response guidelines, even when there are escorts, in writing.

5. Organize dangerous goods training or hire a unit in charge of dangerous goods training provision for escorts, loaders and warehouse-keepers according to regulations in Article 8 of this Decree. Assign escorts if required.

6. Fully equip escorts, warehouse-keepers, and loaders with protective gear according to regulations.

Article 32. Carriers shall:

A carrier shall:

1. Use a vehicle suitable to the class of dangerous goods to be transported.

2. Inspect goods and ensure safety before transport begins as per regulations.

3. Comply with all requirements from the consignor and regulations stated in the granted licence.

4. Affix hazard placard applicable to the class or division of dangerous goods being transported according to regulations.

5. Clean and remove all hazard placards from the vehicle carrying dangerous goods when unloading is completed and the vehicle no longer carry the same class of goods.

6. Adhere to regulations written in the granted licence and only transport the dangerous goods for which the licence, hazard placards and signs are required after the licence has been granted.

7. Only transport dangerous goods when all requirements concerning procedures, valid applications and packaging have been satisfied.

8. Follow instructions of supervisory authorities or construction units when transporting flammable substances, substances liable to spontaneous combustion or desensitized liquid or solid explosives through extremely important bridges or tunnels with a length of less than 100m or other works under construction with high temperature, welding sparks or electric sparks during the transport route.

9. Provide oil spill response plans when transporting oil and/or gasoline by inland waterways.

10. Organize dangerous goods training or hire a unit in charge of dangerous goods training provision for the vehicle’s driver/operator according to regulations in Article 8 of this Decree.

Article 33. Drivers/operators and escorts

A driver/operator or escort shall:

1. Adhere to regulations written in the granted licence and only transport the class or division or name of dangerous goods for which the licence is valid and required; all necessary hazard placards and signs have been affixed on the vehicle, packages and containers.

2. Follow instructions provided by the consignor and the carrier.

3. Follow instructions of supervisory authorities or construction units when transporting flammable substances, substances liable to spontaneous combustion or desensitized liquid or solid explosives through extremely important bridges or tunnels or other works under construction with high temperature, welding sparks or electric sparks during the transport route.

4. The driver/operator must bring the dangerous goods transport dossier provided by the consignor, valid licence for the class, division or name of dangerous goods which requires licensing, certificate of completion of dangerous goods training appropriate to the class or division of dangerous goods being transported, professional qualification (for captain or operator of inland watercraft) and other documents required by law; and preserve dangerous goods during transport if there is no escort.

5. Take measures to eliminate or mitigate dangers posed by dangerous goods; record and report to the local People's Committee of the nearest third-level administrative division and relevant agencies for timely handling of dangerous goods incidents, which may affect human lives, vehicles, the environment and other goods, or traffic accidents when transporting dangerous goods during transport. Notify the carrier and the consignor for cooperation in handling of incidents that are beyond the capacity of the driver/operator or escort.

6. The captain or operator of inland watercraft shall assign crew members to regularly instruct and supervise loading/unloading of dangerous goods into/from their watercraft.

7. Follow instructions of supervisory authorities or construction units when transporting flammable substances, substances liable to spontaneous combustion or desensitized liquid or solid explosives through extremely important bridges or tunnels with a length of less than 100m or other works under construction with high temperature, welding sparks or electric sparks during the transport route.

8. The escort must bring a certificate of completion of dangerous goods training appropriate to the class or division of dangerous goods being transported.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 34. Entry into force

1. This Decree takes effect from May 15, 2024 and replaces Decree No. 42/2020/ND-CP.

2. Organizations and individuals granted licences prior to the effective date of this Decree may continue using such licences until they expire or are renewed.

Article 35. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Decree./.

APPENDIX I

LIST OF DANGEROUS GOODS
(Enclosed with Decree No. 34/2024/ND-CP dated March 31, 2024 of the Government of Vietnam)