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MINISTRY OF TRANSPORT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 41/2023/TT-BGTVT
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Hanoi, December 29, 2023
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CIRCULAR
POSITIONING CARGOES ON ROAD
VEHICLES
Pursuant
to the Law on Road Traffic dated November 13, 2008;
Pursuant
to Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 on functions,
tasks, powers and organizational structure of the Ministry of Transport;
Pursuant
to Government's Decree No. 10/2020/ND-CP dated January 17, 2020 on auto
transport business and conditions for auto transport business;
Pursuant
to Government's Decree No. 47/2022/ND-CP dated July 19, 2022 on amendments to
some Articles of Decree No. 10/2020/ND-CP dated January 17, 2020 on auto
transport business and conditions for auto transport business;
At
the request of Directors of Transportation Department and Department for Roads
of Vietnam;
The
Minister of Transport promulgates Circular on positioning cargoes on road
vehicles,
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GENERAL
PROVISIONS
Article 1. Scope
1.
This Circular provides for positioning of cargoes on trucks, specialized
trucks, cars, tractor units attached to trailers or semi-trailers, and trailer trucks
(hereinafter referred to as “vehicles”) that operate on public roads.
2.
The positioning of cargoes on overload and overdimension vehicles, and
oversized/overweight cargoes on vehicles shall comply with regulations on
Circulars of the Minister of Transport on load capacities and dimensional
limits of roads; operation of overload vehicles, overdimension vehicles and
tracked vehicles on public roads; transport of oversize/overweight cargoes;
limits on amount of cargoes positioned on road vehicles running on public
roads.
Article 2. Regulated entities
This
Circular applies to carriers, drivers, escorts, hirers, cargo handlers, and
organizations and individuals involved in the positioning of cargoes on
vehicles that operate on public roads.
Article 3. Definition of terms
In
this Circular, the terms below are construed as follows:
1. “Carrier”
means an organization or individual that uses road vehicles to transport
cargoes.
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3. “Hirer”
means an organization or individual that hires a transport enterprise to
transport cargoes by road vehicles.
4. “Bulk
cargo” means a conventional cargo that is not contained in a package or box
and is directly positioned on the body of a truck, specialized truck, car,
trailer or semi-trailer truck, trailer or semi-trailer when it is transported.
5. “Breakbulk
cargo” means a cargo that is contained in a package or box to ensure that
it is preserved and protected during the transport.
6. “Cylindrical
cargo” means a cargo in the shape of a cylinder or a tube that can easily
roll over a flat surface.
Chapter II
REGULATIONS
ON POSITIONING CARGOES ON VEHICLES
Article 4. General regulations on positioning cargoes
1.
The carrier shall select a vehicle that suits the size and weight of cargo
transported. The transported cargo shall be suitable for the structure of the
cargo compartment and the intended purposes of the vehicle.
2.
The cargo must not exceed maximum permissible payload and axle load limit
according to regulations; and must be positioned in accordance with regulations
on traffic safety and environmental hygiene.
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4.
Cargoes shall be positioned on a vehicle in a neat, even and balanced
manner on both sides of the vehicle, and secured and wedged in order to ensure that
they will not be displaced in any direction, do not fall or spill, thereby
endangering other people and vehicles on public roads; do not obstruct the
driver's vision, disrupt the balance of the vehicle or the driver’s operation;
do not block the lights, registration plates and safety warnings of the
vehicle. Some devices and equipment used to secure and wedge cargoes are
specified in Appendix I enclosed herewith.
5. If
cargoes are machinery and vehicles, fuel shall be removed from them before they
are loaded onto the vehicle. Methods of positioning cargoes that are
machinery and vehicles are specified in Appendix II enclosed herewith.
6.
Cargoes that are packages, boxes, rolls or blocks shall be positioned in
accordance with guidelines of the manufacturer.
7.
Dangerous cargoes shall be positioned on vehicles according to regulations on
transport of dangerous cargoes by road vehicles and those in this Circular.
Article 5. Regulations on positioning bulk cargoes
1.
Bulk cargo shall be transported by a vehicle with an appropriate cargo
compartment, ensuring that the cargo is fully protected and not spilled.
The maximum height of the cargo shall be lower than the top edge of the
cargo compartment.
2.
Bulk cargo shall be positioned and covered in accordance with guidelines given
in Appendix III enclosed herewith.
Article 6. Regulations on positioning breakbulk cargo
1.
Heavy breakbulk cargoes contained in hard and steady packages shall be
positioned at the bottom.
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3.
Breakbulk cargoes that tend to slightly tilt shall be positioned at the middle,
thereby minimizing misalignment during transport.
4.
Any gaps between the breakbulk cargoes shall be wedged to avoid collision and
displacement during transport. Cargoes shall be secured if there are
still unused spaces in cargo boxes after they are positioned.
Article 7. General regulations on positioning cylindrical
cargoes
1. A
cylindrical cargo shall be positioned parallel or perpendicular to the length
of the vehicle, depending on the ratio of its length to the length of the cargo
box.
2. If
the height of a cylindrical cargo is smaller than or equal to the diameter, it
shall be positioned upright (perpendicular to the cargo compartment floor) or
in accordance with guidelines of the manufacturer.
3.
The cylindrical cargo shall be secured to the side of the vehicle or placed in
specialized cargo boxes, on shelves or racks with equipment for wedging and
securing, thereby protecting the cargo from displacement in any direction
during the transport.
4. If
cylindrical cargoes with smooth surfaces are stacked up, pads shall be placed
between them to prevent slipping.
5.
Cylindrical cargoes shall be positioned and secured in accordance with
guidelines given in Appendix IV enclosed herewith.
Article 8. Regulations on positioning cargoes on
containers, and containers on vehicles
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a)
The container shall be suitable for the types and characteristics of cargoes;
b)
Cargoes inside the container shall be wedged and choked to avoid displacement
during transport;
c)
The maximum weight of each container or cargo therein is specified in TCVN
7553:2005 (ISO 668 : 1995) on series 1 freight containers - classification,
dimensions, and nominal weight;
d)
Cargoes shall be positioned in containers in accordance with guidelines given
in Appendix V enclosed herewith.
2.
Containers shall be transported by a tractor-trailer/semi-trailer or a
container truck that suits the type of containers.
3.
Containers shall be designed and produced according to national technical
regulations on inspection and production of containers on vehicles.
Containers shall be fixed to a vehicle by catches to avoid displacement
during transport;
Chapter III
RESPONSIBILITIES
OF ORGANIZATIONS AND INDIVIDUALS
Article 9. Responsibilities of the Department for Roads of
Vietnam
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2.
Conduct inspections and audits and handle violations against regulations of
this Circular within its authority.
Article 10. Responsibilities of Departments of Transport
1.
Take charge of organizing the implementation of this Circular in their
provinces.
2.
Conduct inspections and audits and handle violations against regulations of
this Circular within their authority.
Article 11. Responsibilities of carriers, drivers and
escorts
1.
Carriers shall:
a) Position
cargoes on vehicles according to regulations of this Circular and other
relevant legal documents;
b)
Before transporting cargoes, provide drivers, escorts, and cargo handlers with
information about characteristics of cargoes, dimensions and weight of cargoes
and packages, maximum permissible payloads, dimensional limits, load capacities
of roads on transport routes; be responsible for the accuracy of the provided
information;
c)
Supply sufficient equipment for covering, securing, wedging and padding
cargoes, thereby serving the positioning of cargoes and enabling cargo handlers
to adhere to regulations on positioning cargoes;
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2.
Drivers and escorts shall:
a)
Position cargoes on vehicles according to regulations of this Circular and
other relevant legal documents;
b)
Before transporting cargoes, inspect such cargoes on vehicles in order to
ensure that they are positioned, secured and wedged; compare cargoes and
information provided by the carrier and guidelines of the manufacturer in
order to avoid transporting cargoes in excess of the maximum permissible
payload.
Article 12. Responsibilities of hirers
Provide
the carrier with information about characteristics, dimensions, and weight of
cargoes and packages, requirements for positioning cargoes on vehicles and
guidelines of the manufacturer; take responsibility for the accuracy of the
provided information.
Article 13. Responsibilities of cargo handlers
1.
Position cargoes on vehicles according to regulations of this Circular and
other relevant legal documents;
2.
Receive all information provided by the carrier and guidelines of the manufacturer
to position cargoes on vehicles; position cargoes on vehicles according to
regulations of this Circular, other relevant regulations and guidelines of
drivers and escorts.
3. Do
not position cargoes on vehicles in excess of maximum permissible payloads and
load capacities and dimensional limits of roads when transporting them.
Do not position cargoes on vehicles when the carrier provides vehicles
that are not suitable for size and weight of cargoes to be transported.
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IMPLEMENTATION
PROVISIONS
Article 14. Entry into force
1.
This Circular comes into force from February 15, 2024.
2.
This Circular replaces the Circular No. 35/2013/TT-BGTVT dated October 21, 2013
of the Minister of Transport on positioning cargoes on vehicles operating on
public roads.
3. In
case any legislative documents referred to in this Circular are amended,
supplemented, or replaced, the new documents shall prevail.
Article 15. Implementation
Chief
of the Ministry's Office, Chief Inspector of the Ministry, Directors, Director
of Department for Roads of Vietnam, Director of Vietnam Expressway Authority,
Directors of Departments of Transport, Heads of agencies, relevant
organizations and individuals shall be responsible for implementation of this
Circular./.
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