MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
44/2012/TT-BCT
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Ha Noi,
December 28, 2012
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CIRCULAR
REGULATION
ON LIST OF DANGEROUS INDUSTRIAL GOODS WITH PACKAGING REQUIRED DURING
TRANSPORTATION AND TRANSPORATION OF DANGEROUS INDUSTRIAL GOODS BY ROADWAY,
RAILWAY AND INLAND WATERWAY MOTOR VEHICLE
Pursuant to Decree No. 104/2009/ND-CP dated November
9, 2009 of the Government regulating the list of dangerous goods and
transportation of dangerous goods by roadway motor vehicles;
Pursuant to Decree No. 109/2006/ND-CP dated
September 22, 2006 of the Government detailing and guiding a number of articles
of the Law on Railways; Decree No. 03/2012/ND-CP dated January 19, 2012 of the
Government amending and supplementing a number of articles of Decree
No.109/2006/ND-CP dated September 22, 2006 of the Government detailing and
guiding the implementation of some articles of the Law on Railway;
Pursuant to Decree No. 29/2005/ND-CP dated
March 10, 2005 of the Government regulating the list of dangerous goods and
transportation of dangerous goods on inland waterway;
Pursuant to Decree No. 95/2012/ND-CP dated
November 12, 2012 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
The Minister of Industry and Trade issues
Circular regulating list of dangerous industrial goods with packaging required
during transportation and transportation of dangerous industrial goods motor
transport by roadway, railway and inland waterway motor vehicles.
Section 1. GENERAL PROVISION
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This Circular regulates the list of dangerous
industrial goods with packaging required during transportation; requirements on
packaging and containing means for dangerous industrial goods, emergency
response plans and training of persons directly involved in transportation of
dangerous industrial goods by roadway, railway and inland waterway motor
vehicles.
List of dangerous industrial goods does not
include the following types of dangerous goods as follows
1. The chemicals used for the purpose of
national defense and security are managed by the Ministry of Defense and the
Ministry of Public Security;
2. Pesticides; chemicals, insecticides,
disinfectants in the field of household and health;
3. Substances as explosives, industrial
explosive materials;
4. The chemicals of type 6 specified in Article
4 of Decree No. 104/2009/ND-CP dated November 9, 2009 of the Government
regulating the list of dangerous goods and transportation of dangerous goods by
roadway motor vehicles.
Article 2. Subject of
application
This Circular applies to the organizations and
individuals transporting dangerous industrial goods by roadway, railway and
inland waterway motor vehicles.
Article 3. Explanation of
terms
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1. " Dangerous chemicals" are the
chemicals specified in Clause 4, Article 4 of the Law on Chemicals dated
November 21, 2007;
2. “" Dangerous industrial goods"
include petroleum, natural gas and hazardous chemicals used in industrial
production;
3. "Packaging of dangerous industrial
goods" is the use of technical manipulation to contain hazardous
industrial goods in containing means in accordance with the registered and
published standards;
4. “"Containing means" is the types of
packaging, bottles, barrels, tanks or containers used for storage and
transportation of goods. The containing means of dangerous industrial goods
include:
a) "Small-size packaging" (symbol as
P) as containing means with water storage capacity up to 450 liters or
containing mass up to 400 kg;
b) “"Big-size packaging" (symbol as
LP) is containing means with water storage capacity greater than 450 liters or
containing mass greater than 400 kg but containing volume less than 3m3;
c) Medium-size bulk container” (symbol as IBC)
includes:
Metal barrel with maximum containing volume of
3m3 with liquid and solid goods;
Wooden, plastic and paper barrel with containing
volume up to 1.5 m3 for solid goods.
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e) “Outer packaging" means the containing
means of inner packaging, together with the absorbent and buffering and
inserting materials to create protection of inner packaging during
transportation;
g) “Combined packaging " is the containing
means including one or more packagings, attached, fixed in the outer packaging;
h) “Specialized basin and tank” is containing
means amounted mounted on means of transportation
Containing means with capacity greater than 1m3
or type of tank-container with capacity greater than 3m3 containing dangerous
goods of type 3 with flash point temperature not greater than 600C (FL type,
see Appendix 3 for details);
Containing means with capacity greater than 1m3
or tank-container with capacity greater than 3m3 containing dangerous goods
different from type FL (Type AT, see Appendix 3 for details);
i) “Container” is barrel and box-shaped
containing means with containing capacity greater than 1m3 for containing and
transshipment of all kinds of goods completely packaged
5. "Bulk" is not packaged goods;
6. “Packaging norm” is the norm fixed depending
on the level danger of the goods to be packaged (symbol as PG I, PG II, PG
III);
7. “List of dangerous industrial goods with
packaging required during transportation” is the list specified in Annex 1 of
this Circular (hereafter referred to as List).
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Article 4. Requirements on
danger symbol and sign
1. Size, symbol, color, danger symbol and sign
shall comply with the provisions of Circular No. 04/2012/TT-BCT dated February
13, 2012 of the Minister of Industry and Trade concerning the regulation on
classification and labeling of chemicals; emergency information panel shall comply
with the provisions of Appendix 4 of this Circular.
2. The presentation of danger symbol and sign
must satisfy the following requirements:
a) Shown in Vietnamese and English clearly,
legibly with color contrast to background color of the containing means.
b) Place to stick danger signs is below the
danger symbol; not being obscured or reduced the possibility of identification
when placed next to other signs;
c) Having durability enough to withstand the
impact effects of weather and normal impact upon loading, unloading and
transportation;
d) Where the surface of the containing means is
uneven or too small compared to the size required to show the danger symbol and
sign, the consignor may attach means of card holder or panel showing the danger
symbol and sign as prescribed.
3. Containing means of hazardous industrial
goods upon transportation must be fully danger symbol and sign as follows:
a) For inner packaging upon transportation
without outer packaging or intermediary containing means, the danger symbol and
sign must be shown on the unobscured side of the inner packaging.
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c) For container, the danger symbol and sign
shall be shown on two lateral sides and back side;
d) For specialized basin and tank, the danger
symbol and sign shall be shown on two lateral sides and back side. In case the
specialized basin and tank have many compartments to contain different kinds of
goods, the danger symbol and sign of each kind of goods shall be shown on both
outer sides of each compartment corresponding to the goods in it.
e) If on a vehicle, the containers place more
than a kind of dangerous industrial goods, then outside the vehicle and
container, there must be the danger symbol and sign and danger number of the kinds
of corresponding dangerous goods being transported on that vehicle and
container.
4. For roadway and railway motor vehicles
transporting bulk goods with the volume greater than the level specified in
column 7 of the list, in addition to the danger symbol and sign, there must be
emergency information panel placed at the end of the vehicle; the bottom edge
of the emergency information panel must be at least 450 mm above the ground.
The size, layout and content of emergency information panel as specified in
Appendix 4 of this Circular.
Article 5. Requirements on
packaging of dangerous industrial goods.
1. Except for dangerous industrial goods of type
2, 5.2 and 4.1, the dangerous industrial in liquid and solid form shall be
packaged under 3 levels specified in column 6 in the List as follows:
a) Very dangerous level denoted by figure I (PG
I);
b) Dangerous level denoted by figure II (PG II);
c) Low dangerous level denoted by figure III (PG
III);
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2. The dangerous industrial packaging code
specified in column 8 of the list. The requirements for materials, packaging
conditions and detail and specification of packaging of dangerous industrial
goods corresponding to each packaging code specified in Appendix 3 to this
Circular.
3. The production organization or carrier of
dangerous industrial goods must package dangerous industrial goods in
accordance with the current Standard and Regulation and not leak and spill in
the packaging process.
Article 6. Requirement on
inspection and testing the containing means
1. The containing means of dangerous industrial
goods newly produced or used many times must be tested before packaging.
2. The organization of production and import of
the containing means must comply with the provisions of the Law on product and
goods quality. The packaging organizations of dangerous industrial goods are
only allowed to use the containing means which have been tested under the
following provisions:
a) For containing means bearing no pressure,
with the containing capacity of less than 3m3 and not as dangerous
industrial goods to be packaged under level PG I, having been tested and
published the conformity with the standards applicable to the containing means
under current regulations on product quality inspection;
b) For the remaining containing means, the
containing means of dangerous industrial goods tested by the functional units
of industrial safety inspection or registration agency (for inland waterway means
of transportation).
3. The containing means of dangerous industrial
goods after use as the disposable types or do not meet requirements of periodic
testing as the multiple use types must be disposed under provisions in the
current legal normative documents on management of hazardous wastes.
Section III. TRANSPORTATION
OF DANGEROUS INDUSTRIAL GOODS
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1. The carrier must appoint the escort when
transporting dangerous industrial goods with the volume greater than the level
specified in column 7 of the List.
2. Drivers of roadway motor vehicles, escorts
and loading employees and storekeepers of dangerous industrial goods must meet
the following requirements:
a) Being trained the safety engineerings in
transportation of dangerous industrial goods;
b) Being healthy to meet requirements of each
business line in accordance with the current labor law;
c) Fully equipped with personal protective
equipment suitable for dangerous industrial goods transported in accordance
with the current regulations on labor safety;
d) The drivers of roadway motor vehicle in
addition to meeting the requirements specified at points a, b, and c of this
Clause must be issued Certificate of safety engineering training in
transportation of dangerous industrial goods.
3. Contents of safety engineering training in
transportation of dangerous industrial goods include:
a) The legal normative documents related to the
transportation of dangerous industrial goods;
b) The dangerous properties of industrial goods
to be transported; the danger symbol and signs on the transporting and
containing means;
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d) The safety measures in loading, unloading and
transportation of dangerous goods industry; measures and procedures for
implementation upon occurrence of accident, incident on road transport
(information about rescue and salvage; assistance on the spot; collision
prevention, ignition sources, use of rescue facilities, remedy of fire and
explosion, toxic dissemination, etc.) for dangerous industrial goods do not
require the emergency incident response planning during transport;
e) The plan for emergency incident response for
dangerous industrial goods with requirement for emergency incident response
planning
Article 8. Dossier, order,
procedure, time limit, method of issuance of Certificate of safety engineering
training in transportation of dangerous industrial goods
1. Dossier to request the issuance of
Certificate of safety engineering training in transportation of dangerous
industrial goods (hereafter referred to as Certificate) includes (01 set):
a) Application for issuance of Certificate under
the Form 1 specified in Appendix 6;
b) Certified copies (In case of filing via post/
administrative dispatch) or copy together with orginal for comparison (In case
of direct filing) of driving license in line with road motor vehicles used to
transport dangerous industrial goods;
c) 02 photos 3 x 4 cm of the person requesting
the issuance of certificate.
2. Within two (02) working days from the date of
receipt of the dossier to request the issuance of certificate, the Service of
Trade and Industry shall notify organizations and individuals to complete their
dossier in the case of incomplete or invalid dossier.
3. Within twenty (20) working days after
receiving complete and valid dossiers, the Service of Trade and Industry is responsible
for the organization of training, test and issuance of Certificate (Form 2 in
Appendix 6) or written reply stating the reasons in the absence of issuance of
certificate.
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5. Certificate of safety engineering training in
transportation of dangerous industrial goods is valid within and effective
nationwide.
Article 9. Emergency
response
1. The transport of dangerous goods in bulk with
the quantity greater than that specified in column 7 of the List, there must be
an emergency response plan; the contents of the emergency response plan
specified in Appendix 5 of this Circular.
2. In case of transportation of dangerous
industrial goods not subject to Clause 1 of this Article, there must be a
chemical safety form including the troubleshooting instructions for the spill,
leakage or explosion of goods being transported. The content of chemical safety
form as prescribed in Circular No. 28/2010/TT-BCT dated June 28, 2010 of the
Minister of Industry and Trade shall specify a number of articles of the Law on
Chemicals and Decree No. 108 / 2008/ND-CP dated October 7, 2008 of the
Government detailing and guiding a number of articles of the Law on Chemicals.
3. Emergency response plan or troubleshooting
instructions must be carried during transportation of dangerous industrial
goods and kept in a conspicuous position on the vehicle cockpit.by the driver
of the vehicle.
4. The drivers and escorts of the vehicle must
understand the content of the emergency response plan or troubleshooting
instruction and proficiently perform rescue procedures and use equipment to
handle fires, spill, and leakage. Before each transportation of dangerous
industrial vgoods, the vehicle drivers have to check and test the warning,
troubleshooting equipment and necessary procedures upon occurrence of
incidents.
Annually, the carrier must organize practice of
troubleshooting by the set emergency response plan
5. In the case of incidents, accidents, fires
and explosion or traffic obstruction, escorts and drivers of the vehicle shall
immediately zone the incidents or accidents, set alerts to prevent gathering,
entering into the dangerous area and eliminate the possibility of appearance of
ignition sources in the incident area in order to avoid danger to people who
are involved in traffic; immediately notify the local People's Committee, the
goods consignor, the agency responsible for rescue, salvage and Service of
Trade and Industry in the locality where the incident occurs; the contents to
notify accidents and incidents include the following information:
a) Place of incident and accident occurrence;
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c) Volume of the goods transported prior to
incident and accident occurrence;
d) Condition of incident (fire, explosion or
leakage) and damage of the containing means and the condition of the vehicle;
e) Damages on the spot (if any) of people and
property;
g) Remedial measures are being implemented and
the requirements for emergency assistance to victims and troubleshooting means
(fire fighting, collection, goods moving, etc.).
Section IV. IMPLEMENTATION
ORGANIZATION
Article 10. Implementation
organization
1. Department of Safety Engineering and
Industrial Environment, Ministry of Industry and Trade is responsible for
guiding and monitoring the implementation of this Circular; receiving and
solving problems and difficulties of the organizations or individuals
concerned.
2. Service of Industry and Trade of
centrally-affiliated shall:
a) Popularize and guide organizations and
individuals to transport dangerous industrial goods on the management area to
implement the provisions of this Circular;
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c) Organize inspection and examination of the
compliance with conditions for transportation of dangerous industrial goods;
sanction administrative violations in the transportation of dangerous
industrial goods as prescribed.
Article 11. Effect
1. This Circular takes effect on February 20,
2013 and replaces Circular No. 02/2004/TT-BCN dated December 31, 2004 of the
Ministry of Industry detailing a number of articles of Decree No. 13/2003/
ND-CP dated February 19, 2003 of the Government stipulating the List of
dangerous goods and transportation of dangerous goods by road.
2. In case the national Standards and Regulation
referred to in this Circular are amended, supplemented or replaced, then the
Standards and Regulation amended and supplemented or newly published shall be
used.
PP. MINISTER
DEPUTY MINISTER
Le Duong Quang
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