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.
Tìm kiếm
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 (Bản Word)
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 (Bản Pdf)