THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
29/2005/ND-CP
|
Hanoi, March
10, 2005
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DECREE
ON THE LIST OF DANGEROUS GOODS AND THE TRANSPORT OF
DANGEROUS GOODS ON INLAND WATERWAYS
THE GOVERNMENT
Pursuant to the Law on Government
organization dated December 25, 2001;
Pursuant to the Law on Inland Waterway
Navigation dated June 15, 2005;
At the request of the Minister of Transport,
DECREES:
Chapter 1
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Article 1. Scope of
regulation
1. This Decree provides the list of dangerous
goods and the transport of dangerous goods on inland waterways.
2. The transport of dangerous goods on inland
waterways serving National defense and security of the armed forces shall be
specified by the Minister of National Defense and the Minister of Public
Security.
3. The transport of radioactive materials,
explosives, industrial explosives on inland waterways must comply with relevant
laws apart from the regulations in this Decree.
Article 2. Subjects of
application
1. This Decree is applicable to Vietnamese and
foreign organizations and individuals relating the transport of dangerous goods
on inland waterways.
2. Where International Agreements to which the
Socialist Republic of Vietnam is a signatory are at odds with this Decree, such
International Agreements shall apply.
Article 3. Interpretation of
terms
In this Decree, the terms below are construed as
follows:
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2. Dangerous goods are goods that contain
dangerous substances that may harm life and health of humans, the environment,
the national security and safety when they are transport on inland waterways.
3. Deliverers of dangerous goods are
organizations and individuals that use vehicles to transport dangerous goods on
inland waterways
4. Hirers are organizations and individuals that
sign contracts to transport dangerous goods with deliverers.
5. Consignor is the organization or individual
whose name is mentioned as the consignor on the delivery note.
6. Consignee is the organization or individual
whose name is mentioned as the consignee the delivery note.
7. Dockers are organizations and individuals
that directly load and unload dangerous goods at ports and inland wharves.
Chapter 2
DANGEROUS GOODS
Article 4. Classification of
dangerous goods
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Class 1: Explosives.
Group 1.1: Explosives.
Group 1.2: Industrial explosives.
Class 2: Flammable and poisonous gases.
Group 2.1: Flammable gases.
Group 2.2: Poisonous gases.
Class 3: Flammable liquids.
Class 4: Flammable solids.
Group 4.1. Flammable solids, self-reactive
substances, and desensitized solid explosives.
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Group 4.3: Substances that produce inflammable
gases when react with water.
Class 5: Oxidizing agents.
Category 5.1: Oxidizing agents.
Group 5.2: Organic peroxides
Class 6: Toxic and infectious substances.
Group 6.1: Toxic substances.
Category 6.2: Infectious substances.
Class 7: Radioactive substances.
Class 8: Corrosive substances.
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2. Packages and containers of dangerous goods
that are not cleaned on the inside and outside after all dangerous goods are
taken out are also considered equally dangerous goods.
Article 5. List of dangerous
goods
1. The list of dangerous goods is sorted by
class and group, attached with UN codes and numbers (Appendix 01 to this
Decree).
2. The danger of each substance in the list of
dangerous goods is expressed by a code with 2 – 3 digits (Appendix 2 to this
Circular).
3. The Prime Minister shall decide the
amendments to the list of dangerous goods at the request of the agencies
prescribed in Article 7 of this Article.
Article 6. Packaging,
branding, hazard symbols and danger signs
1. Dangerous goods that require packaging must
be packaged before being transported on inland waterways. The packaging of
dangerous goods shall comply with Vietnam’s Standards and regulations of
competent authorities.
2. Packages and containers of dangerous goods
must be meet the standard and bear the hazard symbols. Sizes and colors of
hazard symbols must comply with Section 1 of Appendix 3 to this Decree.
3. Dangerous goods shall be labeled in
accordance with the Prime Minister’s regulations on labeling goods being sold
in Vietnam, exported and imported goods.
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The danger sign is an orange rectangle with a UN
number in the middle. The size of the danger sign is specified in Section 2 of
Appendix 3 to this Decree. The danger sign shall be placed below the hazard
symbol.
Article 7. Responsibility to
formulate and amend the regulations on dangerous goods
The following agencies shall formulate, amend,
and issue or request competent authorities to issue regulations on the list of
dangerous goods, standards of packages and container of dangerous goods:
1. The Ministry of Agriculture and Rural
development shall formulate and amend the regulations on pesticides and
veterinary medicines.
2. The Ministry of Health shall formulate and
amend the regulations on hazardous chemicals used in medicine, pesticides and
germicides used in families.
3. The Ministry of Trade shall formulate and
amend the regulations on gasoline, oil, and flammable gases.
4. The Ministry of Industry shall formulate and
amend the regulations hazardous chemicals used in industrial production.
5. The Ministry of Science and Technology shall
formulate and amend the regulations on radioactive substances.
6. The Ministry of Natural Resources and
Environment shall formulate and amend the regulations on other dangerous
chemicals.
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TRANSPORT OF DANGEROUS GOODS
Article 8. Conditions for
participating in the transport of dangerous goods
1. Crewmembers on vehicles used for transporting
gasoline, oil, liquefied gases and chemicals must be trained and obtain
qualifications in transporting dangerous goods as prescribed by the Ministry of
Transport.
2. Warehouse-keepers, dockers at ports and
inland wharves must be trained in accordance with the programs provided by the
Ministry of Transport.
3. Escorts, warehouse-keepers, dockers at
warehouses of goods owners at ports and inland wharves must be trained in
dangerous goods as prescribed by the agencies in Article 7 of this Decree.
Article 9. Loading and
unloading dangerous goods
1. Dockers must load and unload dangerous goods
in accordance with the regulations of the agencies in Article 7 of this
Article.
2. The captain shall draw a diagram of the
arrangement of dangerous goods pursuant to the regulations of the agencies in
Article 7 of this Article and instructions of the consignor.
The arrangement of dangerous goods on the
vehicle must comply with the diagram drawn by the captain. Dangerous goods must
be padded and tied, depending on their properties. Do not put the goods that
can react with each other and increase the danger in the same hold of a
vehicle.
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4. The dangerous goods that must be isolated
during loading, unloading, and storage must be loaded, unloaded at separate
docks, and stored at isolated places.
5. After all dangerous goods are removed from
the warehouse, the place where dangerous goods were stored must be cleaned in
order to avoid impacts on other goods.
Article 10. Requirements of
vehicles used for transporting dangerous goods
Apart from complying with to the Law on Inland
Waterway Navigation, vehicles used for transporting dangerous goods must
satisfy the following requirements:
1. The vehicle is issued with the Certificate of
technical safety and environment protection as prescribed by the corresponding
registries, which suit the classes and groups of dangerous goods carried.
2. After all dangerous goods are unloaded, the
vehicle must be properly cleaned at proper places if it no longer transports
that kind of goods.
The Ministry of Natural Resources and
Environment shall cooperate with other agencies in Article 7 of this Decree in
providing guidance on the procedure and places for cleaning vehicles after
transporting dangerous goods.
Article 11.
Responsibilities of the deliverer
Apart from complying with to the Law on Inland
Waterway Navigation, the deliverer must also:
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2. Check the dangerous goods and ensure the
safety throughout the transport.
3. Comply with the instructions of the hirer and
the license to transport dangerous goods.
4. Provide instructions for the captain or the
vehicle operator on the regulations on transporting dangerous goods on inland
waterways.
Article 12.
Responsibilities of the captain and vehicle operator
Apart from complying with to the Law on Inland
Waterway Navigation, the captain or vehicle operator must also:
1. Comply with the regulations in the license to
transport dangerous goods when transporting dangerous goods that require the
license to transport dangerous goods.
2. Comply with the instructions of the hirer and
the deliverer.
3. Make at least 04 dossier on the dangerous
goods, each dossier must have 01 note of delivery and 01 goods arrangement
diagram apart from the papers relating to dangerous goods (01 dossier is sent
to the deliverer, 01 dossier is sent to the hirer, 01 dossier is sent to the
docker, and 01 dossier is kept on the vehicle).
4. Appoint crewmembers to provide instructions
and supervise the loading and unloading of dangerous goods on the vehicle;
preserve dangerous goods throughout the transport if escorts are not available.
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Article 13. Responsibilities
of the hirer
Apart from complying with to the Law on Inland
Waterway Navigation, the hirer must also:
1. Obtain the license to transport dangerous
goods when transporting dangerous goods that require the license to transport
dangerous goods.
2. Make the note of consignment and give it to
the deliverer before unloading the goods, specifying the names of dangerous
goods, numbers, classes and groups of dangerous goods; weight, type of
packages; quantity of packages; date of manufacture, producer; full name and
address of the consignor; full name and address of the consignee.
3. Notify the deliverer in writing of the
requirements during the transport, and provide guidance on dealing with
accidents caused by dangerous goods, even with escorts. Take responsibility for
the damage caused by delayed provision or inaccuracy of information, documents,
and instructions.
4. Provide escorts for the dangerous goods that
require escort as prescribed by the agencies in Article 7 of this Decree.
Escorts shall provide instructions, supervise the loading an unloading of
dangerous goods, cooperate with crewmembers in preserving dangerous goods, and
dealing with accidents that happen during the transport.
Article 14.
Responsibilities of local People’s Committees
When an accident happens during the transport of
dangerous goods on inland waterways, the People’s Committee that receives the
report shall mobilize forces to:
1. Save people, vehicles, and dangerous goods
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3. Impose blockade, evacuate people from the
polluted and toxic areas, request the superior People’s Committee to mobilize
forces to prevent fire, epidemics, protect the environment, deal with the
accident and alleviate the consequences.
4. Mobilize forces to protect the site,
dangerous goods, and the vehicle to continue the transport, serve the
investigation, and alleviate the consequences.
Article 15. Authority to
issue the license to transport dangerous goods
1. Based on the danger of the goods in the list
of dangerous goods provided in Appendix 1 to this Decree, the agencies in
Clause 2 of this Article shall specify the classes, groups, and names of
dangerous goods that require the license to transfer dangerous goods on inland
waterways.
2. The authority to issue the license to
transport dangerous goods:
a) The Ministry of Public Security shall specify
the issuance of licenses to transport the goods classified into class 1, class
2, class 3, class 4, and class 9.
b) The Ministry of Science and Technology shall
specify the issuance of licenses to transport the goods classified into class
5, class 7, and class 8;
The Ministry of Health shall specify the issuance
of licenses to transport hazardous chemicals used in medicine, pesticides and
germicides used in families.
a) The Ministry of Natural Resources and
Environment shall specify the issuance of licenses to transport other classes
and groups of dangerous goods.
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a) The dangerous goods serving the urgent needs
for preventing and suppressing epidemics and natural disasters;
b) The dangerous goods in transit of the countries
and international organizations that have not entered into any international
agreement with Vietnam.
Article 16. Contents of the
license to transport dangerous goods, procedure and deadline for issuing the
license to transport of dangerous goods
1. A license to transport dangerous goods shall
contain:
a) The name, registration number, and tonnage of
the vehicle;
b) The name and address of the vehicle owner;
c) The full name of the captain; the number and
rank of the captain’s qualification;
d) Names, classes, groups, and quantity of
dangerous goods;
dd) The name of the port or inland wharf where
dangerous goods are loaded and unloaded.
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2. The agencies in Article 15 of this Decree shall
specify the procedure, deadline for issuing the license, the management and
issuance of the license. The license to transport of dangerous goods must
contain all information prescribed in Clause 1 of this Article.
3. The license to transport dangerous goods
shall be issued to each shipment or each period, but its duration must not
exceed 12 months.
Chapter 4
INSPECTION AND PENALTIES
FOR VIOLATIONS
Article 17. Inspecting the
transport of dangerous goods on inland waterways
1. The agencies in Article 7 and Article 15 of
this Decree, within their area of competence, shall inspect the conformity with
this Circular.
2. Inland waterway inspectors, waterway traffic
police, and Port Authority, within their area of competence, shall inspect the
transport of dangerous goods on inland waterways.
Article 18. Penalties for
violations
People who commit violations against this
Decree, depending on the nature and seriousness of the violations, shall carry
administrative penalties, or charged with crimes, and pay compensation for any
damage as prescribed by law.
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IMPLEMENTATION
Article 19. Effect
This Decree takes effect after 15 days from the
day on which it is published on the Official Gazette; the previous regulations
at odds with this Decree are annulled.
Article 20. Organizing the
implementation
The Minister of Public Security, the Minister of
Science and Technology, the Minister of Transport, the Minister of Industry,
the Minister of Health, the Minister of Agriculture and Rural development, the
Minister of Commerce, and the Minister of Natural Resources and Environment
shall provide guidance on the implementation of this Decree within their area
of competence.
Article 21. Responsibility
to implement
Ministers, Heads of ministerial agencies, Heads of
Governmental agencies, the Presidents of People’s Committees of
central-affiliated cities and provinces are responsible for the implementation
of this Decree.