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DECREE No.
13/2003/ND-CP OF FEBRUARY 19, 2003 PRESCRIBING THE LIST OF DANGEROUS
GOODS AND THE LAND-ROAD TRANSPORT OF DANGEROUS GOODS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of December 25,
2001;
Pursuant to the Law on Land-Road Traffic of June 29, 2001;
At
the proposal of the Ministry of Communications and Transport,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1:
Scope of
regulation
1.
This Decree prescribes the list of dangerous goods, the transport
of dangerous goods and the competence to grant permits for transport of
dangerous goods by land-road transport means.
2.
Activities of transporting radioactive substances shall comply
with the Government’s Decree No. 50/1998/ND-CP of July 16, 1998 guiding
the implementation of the Ordinance on Radioactive Safety and Control.
3.
Activities of transporting industrial explosive materials, apart
from being subject to this Decree, shall also comply with the
Government’s Decree No. 47/CP of August 12, 1996.
Article 2:
Objects of
application
1.
This Decree applies to all domestic and foreign agencies,
organizations and individuals that transport dangerous goods over the
Vietnamese territory.
In cases
where an international treaty concerning the land-road transport of
dangerous gods which the Socialist Republic of Vietnam has signed or
acceded to contains provisions different from those of this Decree, the
provisions of such international treaty shall apply.
2.
The transport of assorted dangerous goods in service of national
defense or security purposes of the armed forces shall be subject to
regulations of the Minister of Defense and the Minister of Public
Security.
Article 3:
Cases exempt from
the application of the provisions of this Decree shall be decided by the
Prime Minister, including:
1.
Goods in service of urgent needs for preventing and combating
epidemics, diseases, natural disasters or enemy sabotage.
2.
Transited goods of countries or international organizations, with
which Vietnam has not signed or acceded to agreements.
Article 4:
Interpretation of
terms
In this
Decree, the following terms shall be construed as follows:
1.
Dangerous substances are substances or compounds in gaseous,
liquid or solid form which may cause harms to human life and health, the
environment, safety and national security.
2.
Dangerous goods are goods which contain dangerous substances and
may, when being transported en route, cause harms to human life and
health, the environment, safety and national security.
3.
Goods consignors are agencies, organizations or individuals that
send dangerous goods under their own names.
4.
Goods consignees are agencies, organizations or individuals that
receive dangerous goods under their own names.
5.
Carriers are agencies, organizations or individuals that
undertake the transportation of dangerous goods.
6.
Customs clearance decision means the customs’ decisions
permitting goods to be exported or imported, transport means to exit or
enter.
Chapter II
DANGEROUS GOODS
Article 5:
Classification of
dangerous goods
1.
Depending on their chemical and physical properties, dangerous
goods are classified into the following 9 types and type groups:
Type:
Group
1.1: Explosives
Group
1.2: Industrial explosive substances and materials
Type 2:
Group
2.1: Flammable gases
Group
2.2: Non-flammable and non-hazardous gases
Group
2.3: Hazardous gases
Type 3:
Flammable liquids and liquid desensitized explosives
Type 4:
Group
4.1: Flammable solid substances, self-reactive substances and solid
desensitized explosives
Group
4.2: Spontaneously flammable substances
Group
4.3: Substances which, in contact with water, emit flammable gases
Type 5:
Group
5.1: Oxidizing substances
Group
5.2: Organic oxide compounds
Type 6:
Group
6.1: Hazardous substances
Group
6.2: Infectious substances
Type 7:
Radioactive substances
Type 8:
Corrosive substances
Type 9:
Other dangerous substances and goods
2.
Packages and tanks containing dangerous goods, which have not yet
been cleansed inside and outside after the dangerous goods are
completely removed therefrom, shall also be considered corresponding
dangerous goods.
Article 6:
Lists of dangerous
goods
1.
Lists of dangerous goods are classified by types and type groups
of dangerous goods together with their United Nations code numbers and
danger identification numbers specified in Appendix 1.
2.
The Ministry of Industry shall prescribe the list of goods of
group 1.2 of type 1 (industrial explosive substances and materials).
3.
The Ministry of Science and Technology shall prescribe the list
of goods of type 7 (radioactive substances).
4.
The danger of each substance contained in goods shall be denoted
with danger identification numbers for one two-or three-digit group
specified in Appendix 2.
Article 7:
Packing of
dangerous goods for transport
1.
Dangerous goods of types, which must be packed for transportation
must be packed at the places of manufacture or distribution. The
ministries and branches defined in Articles 6 and 10 of this Decree
shall have to announce the lists of dangerous goods which must be packed
for transportation.
2.
The packing of dangerous goods in the Vietnamese territory must
comply with the Vietnamese standards (VNS). Regarding goods types and
groups, for which exists no Vietnamese standard, the branch-managing
ministries shall prescribe additional regulations.
Article 8:
Packages and tanks
containing dangerous goods
1.
The goods line-managing ministries shall prescribe materials for
use as packages or tanks containing dangerous goods on transport means;
use technical standards and tested standards of containing packages or
tanks for each kind of substances or each group of dangerous goods.
2.
Only packages and tanks for containing dangerous goods satisfying
the standards prescribed by the competent agencies shall be used.
Article 9:
Goods labels,
danger symbols and danger signs
1.
The labeling of dangerous goods shall comply with the provisions
of the Regulation on labeling of domestically circulated, exported and
imported goods, promulgated together with the Prime Minister’s Decisions
No. 178/1999/QD-TTg of August 30, 1999.
2.
The outward side of each package or tank of dangerous goods shall
be stuck with a danger symbol. The sizes, patterns and colors of danger
symbols are prescribed in Section 1 of Appendix 3.
3.
Transport means and containers containing dangerous goods shall:
a)
Be
stuck with danger symbols of transported goods types or groups. In cases
where a transport means or container is loaded with different goods
types, the outward side of such transport means or container shall be
stuck with symbols of all those goods types. Positions for sticking
symbols are on both sides and the back of transport means and
containers;
b)
Be
stuck with danger signs which are of rectangular shape, in
reddish-yellow and inscribed with the UN numbers in the middle. The size
of danger signs is prescribed in Section 2 of Appendix 3. the position
for sticking danger signs is below the danger symbols.
Article 10:
The proposals on
supplements to the list of dangerous goods is prescribed in Clause 1 of
Article 6; prescription of packaging specifications in Article 7;
standards of containing packages and tanks in Clause 1, Article 8, and
sticking of symbols of dangerous goods in Clause 2, Article 9, shall be
publicized by following ministries within 180 days after the effective
date of this Decree:
1.
The Ministry of Agriculture and Rural Development shall elaborate
and supplement regulations on plant protection drugs.
2.
The Ministry of Health shall elaborate and supplement regulations
on toxic chemicals for medical use and insecticide and bactericide
chemicals for domestic use.
3.
The Ministry of Trade shall elaborate and supplement regulations
on petrol, oils and fuel gases.
4.
The Ministry of Industry shall elaborate and supplement
regulations on dangerous chemicals for use in industrial production.
5.
The Ministry of Science and Technology shall elaborate and
supplement regulations on radioactive substances.
6.
The Ministry of Natural Resources and Environment shall elaborate
and supplement regulations on remaining toxic and dangerous chemicals in
dangerous goods types and groups.
Article 11:
The ministers
shall report to the Prime Minister for decision supplements and/or
amendments to the list of dangerous goods which need to be transported.
Chapter III
TRANSPORT OF
DANGEROUS GOODS
Article 12:
Conditions on
knowledge of laborers who are involved in the transport of dangerous
goods:
1.
Storekeepers, drivers of transport means, escorts of dangerous
gods must go through training courses and obtain certificates of
training in dangerous goods which they preserve or transport.
2.
Responsibilities to train and grant training certificates:
a)
The
goods line-managing ministries shall have to organize training courses
and grant training certificates for drivers or means transporting
dangerous goods;
b)
The
branch-managing ministries shall have to organize the training for
storekeepers and escorts of dangerous goods.
Article 13:
Loading and
unloading of dangerous goods onto and from transport means and keeping
thereof in stores and at storing yards.
1.
Organizations and individuals must strictly comply with the
instructions in the regulations on preservation, loading, unloading and
transport of each dangerous goods type or in notices of the goods
consignors.
2.
The loading and unloading of dangerous goods onto and from
transport means must be conducted under the direct instruction and
supervision by storekeepers, such means’ drivers or escorts.
Article 14:
Technical
requirements on dangerous goods transport means
1.
Transport means must fully satisfy the conditions for joining in
traffic and protecting the environment.
2.
Transport means equipped with special-use devices for
transporting dangerous goods must be compatible with the standards
prescribed by the branch-managing ministries.
3.
Basing themselves on the standard regulations of the
branch-managing ministries, the agencies in charge of expertising
motorized land-road vehicles shall conduct the expertise and certify
that such motorized land-road vehicles fully meet the conditions for
transport of dangerous goods.
4.
It is strictly prohibited to use means, which are not up to the
technical standards or fail to meet the conditions for transport of
dangerous goods, for transport of dangerous goods.
5.
Transport means and containers carrying dangerous goods must,
after having such goods completely unloaded without continuing to
transport such type of goods, be cleansed and have all danger symbols
stuck thereon removed.
Article 15:
Drivers of
dangerous goods transporting means, besides having to fully meet the
conditions for driving transport means to join in traffic according to
the regulations, must also have certificates of training in dangerous
goods transport.
Article 16:
Regulations on
safety in the transport of dangerous goods
Transport means owners and drivers must observe the following
regulations applicable to the transport of dangerous goods:
1.
Carriers must comply with regulations on transport routes,
parking points and stops en route, time for transportation, loading
capacities of transport means inscribed in permits.
2.
Carriers must satisfy requirements of the goods consignors,
parties inscribed in notices sent to them.
3.
Drivers of transport means carrying dangerous goods being
flammable substances, spontaneously flammable substances, sensitized
liquid or solid explosives, when going through bridges and tunnels of
particular importance or other works currently under construction on
traffic roads where exist high temperatures, welding sparks or electric
sparks, must follow instructions of the units directly managing or
constructing such works.
Article 17:
Responsibilities
of goods consignors
1.
To pack goods strictly according to sizes, goods weight and with
packing materials prescribed in the technical safety regulations
applicable to each type of goods.
2.
Outer packing must have goods labels prescribed in Clause 1 and
stuck with danger symbols prescribed in Clause 2, Article 9 of this
Decree.
3.
To have valid dossiers on dangerous goods, comprising:
a)
Goods consigning bills, which are clearly inscribed with goods
appellations, code numbers, goods type, gross weight, type of packing,
number of packages, date and place of manufacture, names and addresses
of the goods consignor and goods consignee;
b)
For
dangerous goods banned from circulation, transport permission from the
branch-managing ministries is required.
4.
To notify in writing the carriers of requirements which must be
satisfied in the course of transportation and instructions for handling
accidents or incidents, if any, even in cases where there are escorts.
5.
To send persons to escort goods which must be escorted.
6.
The goods line-managing ministries shall have to guide the
implementation of this Article regarding dangerous goods types or groups
which they manage.
Article 18:
Responsibilities
of carriers
1.
To use transport means which are compatible with the standards
prescribed for types of dangerous goods which need to be transported.
2.
To inspect to be-transported goods to ensure the transport safety
according to the regulations.
3.
To fully comply with notices of the goods consignors and
stipulations in permits for transport of dangerous goods.
4.
To conduct the transportation only when they fully have permits,
danger symbols and signs.
5.
To give to transport means drivers guidance on the regulations to
be observed when transporting dangerous goods prescribed in Article 16
of this Decree.
6.
The carriers shall accept to transport goods only when all the
procedures are completed, such goods have valid dossiers and the packing
ensures safety in transportation.
Article 19:
Responsibilities
of the local People’s Committees upon the occurrence of incidents in the
transport of dangerous goods
In the
course of transporting dangerous goods, if any incident occurs, the
People’s Committee of the nearest locality shall be entitled to promptly
mobilize forces to:
1.
Assist the transport means drivers and goods escorts (if any) in
rescuing people, goods and vehicles.
2.
Bring victims from the areas of incidents, and organize first-aid
treatment for victims.
3.
Organize the protection of goods and transport means for
continued transport or keeping in warehouses or storing yards.
4.
Zone off and evacuate inhabitants from polluted or hazardous
areas, and at the same time report such to the People’s Committees of
higher levels for mobilization of fire, hazardous chemical and epidemic
prevention and environmental protection teams for timely handling.
Chapter IV
PERMITS FOR
TRANSPORT OF DANGEROUS GOODS
Article 20:
Competence to
grant permits for transport of dangerous goods
1.
The Ministry of Public Security shall grant permits for transport
of dangerous goods of types 1, 2, 3, 4 and 9 specified in Clause 1,
Article 5 of this Decree.
2.
The Ministry of Science and Technology shall grant permits for
transport of dangerous goods of types 5, 7 and 8 specified in Clause 1,
Article 5 of this Decree.
3.
The Ministry of Health shall grant permits for transport of
dangerous goods of type 6 specified in Clause 1, Article 5 of this
Decree.
4.
The ministries competent to grant permits for transport of
dangerous goods defined in Clauses 1, 2 and 3 of this Article shall
specify the order and procedures for granting dangerous goods transport
permits.
Article 21:
Contents, form and
duration of dangerous goods transport permits
1.
Principal contents of dangerous goods transport permits:
a)
Names of transport means and number plates;
b)
Names of transport means owners;
c)
Names of drivers;
d)
Types and groups of dangerous goods, weight thereof;
e)
Places of departure and destination;
f)
Transport itineraries and time schedules:
g)
Transport duration.
2.
The form of dangerous goods transport permits and danger signs
shall be issued, managed and distributed by the competent ministries.
3.
The duration of dangerous goods transport permits granted upon
each goods shipment or each period shall not exceed 12 months.
Chapter V
INSPECTION,
EXAMINATION AND HANDLING OF VIOLATIONS
Article 22:
Inspection and
examination of the dangerous goods transport
1.
The ministries competent to grant dangerous goods transport
permits shall have to organize inspection and examination of the
observance of the provisions of this Decree.
2.
The land-road traffic inspectors and policemen shall inspect and
examine dangerous goods transport means and drivers thereof when they
see signs of violations according to the provisions of law.
Article 23:
Persons who commit
acts of violating the provisions of this Decree shall, depending on the
nature and seriousness of their violations, be administratively
sanctioned or examined for penal liability; if damage is caused,
compensations therefore must be made according to the provisions of law.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 24:
This Decree takes
effect 15 days after it is published on the Official Gazette. The
previous stipulations contrary to this Decree shall all be hereby
annulled.
Article 25:
The Ministers of
Public Security; Science and Technology; Communications and Transport;
Industry; Health, Agriculture and Rural Development; Trade; and Natural
Resources and Environment, shall, within the ambit of their functions
and tasks, guide the implementation of this Decree.
Article 26:
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies
attached to the Government and the presidents of the People’s Committees
of the provinces and centrally-run cities shall have to implement this
Decree.
On behalf of the
Government
Prime Minister
PHAN VAN KHAI
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