Decree No. 161/2024/ND-CP dated December 18, 2024 on list of dangerous goods, transport of dangerous goods and procedures for issuance of licenses or certificates of completion of training programs for drivers or escorts transporting dangerous goods by road

DECREE

ON LIST OF DANGEROUS GOODS, TRANSPORT OF DANGEROUS GOODS and procedures for issuance of licenses or certificates of completion of training programs for drivers or escorts transporting dangerous goods BY ROAD

Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;

Pursuant to the Law on Road dated June 27, 2024;

Pursuant to the Law on Atomic Energy of Vietnam dated June 3, 2008;

Pursuant to the Law on Chemicals dated November 21, 2007; the Law on Amendments and Supplements to several Articles of 11 Laws related to planning dated June 15, 2018;

Pursuant to the Law on Environmental Protection dated November 17, 2020;

At the request of the Minister of Transport;

The Government herby promulgates a Decree on list of dangerous goods, transport of dangerous goods and procedures for issuance of licenses or certificates of completion of training programs for drivers or escorts transporting dangerous goods by road

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for the list of dangerous goods, transport of dangerous goods and issuance of licenses to transport dangerous goods by land motor vehicles and issuance of certificates of completion of training programs for drivers or escorts transporting dangerous goods by land motor vehicles.

2. Radioactive substances shall be transported in accordance with laws on atomic energy.

3. Weapons, explosives, combat gears, explosives precursors and pyrotechnics shall be transported in accordance with laws on weapons, explosives, combat gears, explosives precursors and pyrotechnics.

4. Hazardous waste shall be transported according to laws on environmental protection.

5. In case of conflict between a regulation of this Decree and a regulation of a law on transporting atomic energy, weapons, explosives, combat gears, explosives precursors, pyrotechnics, environmental protection, or fire safety, the regulation of the law on transporting atomic energy, weapons, explosives, combat gears, explosives precursors and pyrotechnics, environmental protection or fire prevention and fighting shall prevail.

6. For the cross-border transport of dangerous goods by road within the framework of the Agreement, the Protocol for the Implementation of the Agreement on Road Transport and the Appendices thereto, certificates of training in transporting dangerous goods by road issued by competent agencies of other signatories shall be approved for use in the transport within the territory of Vietnam.

Article 2. Regulated entities

This Decree is applied to Vietnamese and foreign organizations and individuals involved in transport of dangerous goods by land motor vehicles within the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “carrier" means an organization or individual that uses a land motor vehicle under their lawful use rights to transport dangerous goods.

2. “Consignor” means an organization or individual that enters into a contract for the transportation of hazardous goods by road with the carrier.

3. “loader" means an organization or individual involved in loading and unloading of dangerous goods into or from a land motor vehicle or at a warehouse or yard storing dangerous goods.

4. “escort" refers to an individual employed by the consignor (or goods owner) for the secure carriage of dangerous goods during the transport.

Chapter II

CLASSIFICATION, LISTING, PACKING, LABELING OF DANGEROUS GOODS AND DANGEROUS GOODS SAFETY TRAINING

Article 4. Classification of dangerous goods

1. Based on their chemical and physical characteristics, dangerous goods are classified into the 9 following classes and divisions:

a) Class 1. Explosives;

Division 1.1: Substances and articles which have a mass explosion hazard.

Division 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard.

Division 1.3: Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.

Division 1.4: Substances and articles which are classified as explosives but which present no significant hazard.

Division 1.5: Very insensitive substances which have a mass explosion hazard.

Division 1.6: No hazard statement.

Class 2. Gasses.

Division 2.1: Flammable gases.

Division 2.2: Non-flammable non-toxic gases.

Division 2.3: Toxic gases.

Class 3. Flammable liquids and liquid desensitized explosives.

d) Class 4;

Division 4.1: Flammable solids, self-reactive substances and solid desensitized explosives.

Division 4.2: Substances liable to spontaneous combustion.

Division 4.3: Substances which in contact with water emit flammable gases.

dd) Class 5;

Division 5.1: Oxidizing substances.

Division 5.2: Organic peroxides.

e) Class 6;

Division 6.1: Toxic substances.

Division 6.2: Infectious substances.

g) Class 7: Radioactive materials;

h) Class 8: Corrosive substances;

i) Class 9: Miscellaneous dangerous substances and articles.

2. Containers and packages containing dangerous goods that have not been cleaned inside and outside after all goods are unloaded shall also be deemed to be dangerous goods.

Article 5. List of dangerous goods

1. List of dangerous goods which are classified into appropriate classes and divisions and associated UN substance identification numbers and hazard identification numbers is prescribed in Appendix I of this Decree.

2. The hazard level of each substance in the list of dangerous goods is expressed in terms of a hazard identification number consisting of two or three figures which are provided for in Appendix II of this Decree.

Article 6. Packages and containers of dangerous goods

1. Packages and containers of dangerous goods and packing of dangerous goods in Vietnam’s territory must satisfy the national standards (TCVN) or national technical regulations (QCVN) or relevant laws applicable to such goods. Packages and containers of imported dangerous goods and packing of dangerous good shall comply with the manufacturer's recommendations and requirements.

2. In case national standards, national technical regulations or relevant laws or international technical standards or regulations announced by relevant ministries have not been provided for, at least the following requirements must be satisfied:

a) Quality of packages and containers must be capable of withstanding shocks and vibrations during transport or transit of goods among vehicles and loading/unloading;

b) Packages and containers must be constructed and closed so as to prevent any loss of contents when prepared for transport which may be caused under normal conditions of transport, by vibration, or by changes in temperature, humidity or pressure;

c) No dangerous residue shall adhere to the outside of packages and containers;

d) Parts of packages and containers that are in direct contact with dangerous substances must be designed to ensure that they are not affected or degraded in quality due to the impact of dangerous substances packed inside; do not affect the composition, features and effects of dangerous goods;

dd) Packages and containers of dangerous goods in a liquid state must be designed to ensure that neither leakage nor permanent distortion occurs as a result of expansion of the liquid caused by changes in temperature; also be capable of withstanding a pressure differential created during transport; conforms to a design type which has passed the drop test before leaving factories;

e) Inner packages and containers that are liable to break or be punctured easily such as those made of glass, porcelain or stoneware or of certain plastics materials, etc., shall be secured in outer packages and containers with suitable cushioning materials;

g) Packages and containers containing volatile substances must be designed to ensure that they are kept from evaporating under normal conditions of transport at the manufacturer's request;

h) Packages and containers of dangerous goods in solid state, granules or powders, shall be designed to ensure that they are not scattered during loading and unloading or under normal conditions of transport.

Article 7. Hazard labels, placards and signs

1. Dangerous goods shall be labelled in accordance with regulations of the Law on Chemicals and laws on goods labels.

2. Hazard placards and signs shall be affixed at a location easily noticed on outer packages and containers. Size, designs and colours of hazard placards are provided for in Appendix III enclosed herewith.

3. Rectangular hazard signs, their size and colours are provided for using the form specified in Appendix III enclosed herewith. Hazard signs shall be affixed under hazard placards.

Article 8. Dangerous goods safety training

1. Organization of dangerous goods safety training

a) Consignors or carriers shall organize dangerous goods training or appoint subjects prescribed in clause 2 of this Article to join dangerous goods safety training courses every 02 years;

b) Dangerous goods safety training shall be organized separately or in combination with other safety training;

c) Persons who have completed dangerous goods safety training courses must be retrained in the following cases: When there is a change in the category of dangerous goods during transport; when the trained person changes their working position; after 02 inspections of unsatisfactory trained persons.

2. Drivers or escorts involved in the transport of dangerous goods must be trained.

3. Dangerous goods safety training contents

a) Training manuals shall be compiled by consignors or carriers in accordance with classes and divisions specified in Article 4 of this Decree;

b) Training manual’s contents include: name, dangerous nature, type, level of danger, classification and labelling of dangerous goods; safety risks during storage, loading, unloading, and transportation of dangerous goods; storage, loading, unloading, and transportation procedures appropriate to the working location; dangerous goods safety regulations; incident response procedures: use rescue equipment to handle fires, explosions, leaks, dispersal of dangerous substances, provide first aid to victims in incidents, use, preserve, and check safety equipment, vehicles, personal protective equipment to respond to incidents, procedures, communication diagrams for incident notification, cooperate with competent authorities to mobilize resources to respond, troubleshoot incidents, prevent and limit sources of pollution spreading to the environment, collect spilled dangerous substances, and repair the environment after incidents.

4. A dangerous goods safety training instructor must have either a bachelor’s degree or a higher degree and have at least 5 years of working experience in chemical management, chemical safety, research, training, production, transportation of chemicals, or dangerous goods.

5. The minimum duration of dangerous goods safety training shall be 16 hours for each class and division of dangerous goods, including inspection period.

6. Evaluating results and maintaining records of dangerous goods safety training

a) Provider of dangerous goods safety training shall organize inspections for evaluating results of the dangerous goods safety training;

b) Inspection of training contents: inspection contents must be consistent with the training contents. The maximum period of inspection is 02 hours. The trainee must achieve at least an average score to pass the test;

c) Within 07 working days from the day on which the dangerous goods safety training and testing course is completed, the training and testing provider shall issue a decision to recognize the testing result and grant a certificate of completion of dangerous goods safety training program. The certificate of completion of dangerous goods safety training program shall be issued using the form in Appendix VI enclosed herewith.

7. A dangerous goods safety training record includes: Training manual's content; training duration; list of trainees with information: full name, date of birth, title, working position, signature confirming participation in training; information about the instructor includes: full name, date of birth, educational qualifications, professional qualifications, work experience, accompanied by documentation; testing content and result of the dangerous goods safety training; decision to recognize the testing result of dangerous goods safety training of the provider.

8. The provider shall keep all of the record prescribed in clause 7 of this Article for 03 years and submit them to regulatory authorities upon request.

9. The provider of dangerous goods safety training may be the consignor or carrier.

Chapter III

TRANSPORT OF DANGEROUS GOODS BY LAND MOTOR VEHICLES

Article 9. Requirements for vehicles carrying dangerous goods

1. Vehicles must be roadworthy according to regulations of law. Specialized equipment of such vehicles must satisfy national technical standards or national technical regulations or regulations of relevant ministries.

2. Vehicles carrying dangerous goods must comply with the provisions of clause 3 Article 51 of the Law on Road Traffic Order and Safety. If a vehicle carries multiple classes of dangerous goods, it must be affixed with hazard placards for all those classes of goods. Each vehicle must have hazard placards affixed on both of its sides as well as on the front and rear in a manner that is easy to observe and recognize.

3. Vehicles must be cleaned and have all hazard placards removed from their bodies when all cargoes have been unloaded and the vehicles no longer transport the same classes of goods.

Article 10. Loading and unloading and storage of dangerous goods in warehouses or yards

1. Organizations and individuals involved in loading, unloading and storage of dangerous goods in warehouses or yards must adhere to the guidelines on preservation, loading, unloading and transport of each type of dangerous goods or the instructions provided by the consignor.

2. Loading and unloading of dangerous goods must be directly instructed and supervised by the consignor or escort. Classes of dangerous goods that might react to each other and increase the level of hazard shall not be transported on the same vehicle. Classes and divisions of dangerous goods that require separate loading, unloading and storage must be loaded and unloaded at separate warehouses or yards.

3. When transporting dangerous goods that do not require escorts, the carrier shall load and unload the goods following the consignor's instructions.

4. After all dangerous goods have been moved out, warehouses and yards must be cleaned to avoid affecting other classes of goods.

Article 11. Transport of flammable and explosive substances through tunnels and on ferries

1. Explosives, gases, gasoline, oils and other flammable and explosive substances, other solid desensitized explosives shall not be transported through tunnels longer than 100.

2. A vehicle (which has been granted a dangerous goods transport license) transporting explosives, gases, gasoline, oils and other flammable and explosive substances on a ferry shall not be transported together with traffic participants or passengers (except for drivers transporting dangerous goods, escorts, and crew members on the ferry).

Article 12. Transport of dangerous goods in special cases

The Prime Minister has the power to decide application of regulations and measures to transport of dangerous goods in the following cases:

1. Urgent transport of goods for prevention and control of infectious diseases, acts of god or conflicts.

2. Transit of goods from countries and international organizations that are not signatories to Vietnam-related international conventions.

Chapter IV

DANGEROUS GOODS TRANSPORT LICENSE

Article 13. Contents, template and validity period of dangerous goods transport license

1. A dangerous goods transport license (hereinafter referred to as “license”) shall consist of the following information

a) Name, address and phone number of the license holder; full name and title of the legal representative;

b) Class and division of dangerous goods;

c) Transport route and schedule (if the license is issued separately to each trip);

d) Validity period of the license.

If the license is issued separately to each trip, the carrier must also provide information on the vehicle and driver thereof, escort(s) (if the transport of dangerous goods requires escort(s)).

2. Licenses shall be issued using the template in Appendix VII or Appendix VIII enclosed herewith.

3. Licenses are valid nationwide. The validity period of a license is on request made by the carrier but not exceed 24 months and the service life of the vehicle.

Article 14. Authority to issue dangerous goods transport licenses and cases of exemption from issuance thereof

1. Ministry of Public Security shall organize issuance of licenses to transport dangerous goods of class 1, class 2, class 3, class 4 and class 9 classified according to Clause 1 Article 4 of this Decree (excluding crop protection chemicals and regulations in clause 2 of this Article).

2. Ministry of National Defense shall organize grant of licenses to:

a) Organizations and enterprises under its management;

b) Carriers hired by organizations and enterprises under its management to transport dangerous goods.

3. Ministry of Industry and Trade shall organize issuance of licenses to transport dangerous goods of class 5 and class 8 classified according to Clause 1 Article 4 of this Decree.

4. The People’s Committees of provinces and municipalities shall organize issuance of licenses to transport dangerous crop protection chemicals to organizations and individuals whose headquarters or branches are located in the provinces or municipalities.

5. Agencies issuing licenses (hereinafter referred to as “licensing authorities”) shall consider deciding transport routes and schedules for classes and divisions of dangerous goods specified in clause 1 Article 4 of this Decree and plans for organizing transport of dangerous goods or applicants for licenses.

6. The license to transport dangerous goods of class 7 shall be issued according to regulations in Decrees on radiation work and auxiliary atomic energy application services.

7. Licensing authorities shall refuse to issue licenses to transport flammable and explosive substances through tunnels or on ferries according to regulations in Article 11 of this Decree.

8. Organizations and individuals transporting dangerous goods must satisfy requirements for fire safety in accordance with law on fire safety during transportation; licenses shall be exempted in accordance with the provisions of this Decree in the following cases:

a) Transport of less than 1.080 kilogram of liquefied natural gas (LNG) and compressed natural gas (CNG) in total;

b) Transport of less than 2.250 kilogram of liquefied petroleum gas (LPG) in total;

c) Transport of less than 1.500 liter of liquid fuels in total;

d) Transport of less than 1.000 kilogram of crop protection chemicals in total;

dd) Transport of the other dangerous toxic chemicals of classes or divisions of dangerous goods under class 6.

Article 15. Applications for issuance or renewal of dangerous goods transport licenses

1. An application for issuance or reissuance of a license includes:

a) An application form for the license made using the form in Appendix IV enclosed herewith;

b) A certified true copy or certified true electronic copy or original of the list of vehicles involved in transport with unexpired certificates of roadworthiness;

c) A certified true copy or certified true electronic copy or original of the list of drivers of the vehicle carrying dangerous goods (including: full name; personal identification number (PIN); license number, license class) and the list of escorts in cases where an escort is required (including: Full name, PIN);

d) A certified true copy or certified true electronic copy or original of the dangerous goods transport plan prepared by the transport unit using the form in Appendix V of this Decree (which includes at least the following contents: Vehicle license plate; full name of vehicle driver; class of goods; mass; transport route, transport schedule; measures to respond to chemical incidents in the transportation of dangerous goods);

dd) A certified true copy or certified true electronic copy of the certificate of completion of dangerous goods safety training program of driver or escort.

2. An application for issuance of a license applicable to dangerous goods of class 1, class 2, class 3, class 4 and class 9 includes:

a) An application form for the license made using the form in Appendix IV enclosed herewith;

b) A certified true copy or certified true electronic copy or original of the list of vehicles involved in transport with unexpired certificates of roadworthiness;

c) A certified true copy or certified true electronic copy or original of the list of drivers of the vehicle carrying dangerous goods (including: full name; PIN; license number, license class) and the list of escorts in cases where an escort is required (including: Full name, PIN);

d) A certified true copy or certified true electronic copy or original of the dangerous goods transport plan prepared by the transport unit using the form in Appendix V of this Decree (which includes at least the following contents: Vehicle license plate; full name of vehicle driver; class of goods; mass; transport route, transport schedule; emergency response measures in the event of fire or explosion);

dd) A certified true copy or certified true electronic copy of the certificate of completion of dangerous goods safety training program of driver or escort.

3. An application for issuance of a license applicable to crop protection chemicals includes:

a) An application form for the license made using the form in Appendix IV enclosed herewith;

b) A certified true copy or certified true electronic copy or original of the list of vehicles involved in transport with unexpired certificates of roadworthiness;

c) A certified true copy or certified true electronic copy or original of the list of drivers of the vehicle carrying dangerous goods (including: full name; PIN; license number, license class) and the list of escorts in cases where an escort is required (including: Full name, PIN);

d) A certified true copy or certified true electronic copy or original of the Supply contract or Financial statement for the import and export of pesticides;

dd) A certified true copy or certified true electronic copy or original of the dangerous goods transport plan prepared by the transport unit using the form in Appendix V of this Decree (which includes at least the following contents: Vehicle license plate; full name of vehicle driver; class of goods; mass; transport route, transport schedule);

e) A certified true copy or certified true electronic copy of the certificate of completion of dangerous goods safety training program of driver or escort.

4. An application for modifying a license if there is a change relating to contents of the license includes:

a) An application form for modifying the license made using the form in Appendix IVa enclosed herewith;

b) Documentation used to prove that the change relates to the license;

c) The issued license in need of modification.

5. An application for renewal of a lost or damaged license includes an application form for renewal of the license using the form in Appendix IVb enclosed herewith. The validity period of the renewed license is based on the validity period of the lost or damaged license.

Article 16. Procedures for issuance or renewal of dangerous goods transport licenses

1. Procedures for issuance of a license

a) The carrier shall submit an application for issuance of the license according to regulations in Clause 1, Clause 2 or Clause 3 of Article 15 of this Decree to a licensing authority.

If the application is submitted in person: the competent administrative authority shall verify the application components; instruct the applicant to complete the application if it is inadequate or incorrect.

In case the application is submitted via a postal service or the online public service system, within 01 working day after receiving the application, the competent administrative authority shall consider the validity of the application; if the application is invalid, the competent administrative authority shall notify in writing or via the online public service system to the applicant for supplementation and provide instructions on completion of the application.

Licenses applicable to dangerous goods of class 7 shall be issued according to regulations on radiation work and auxiliary atomic energy application services;

b) Within 05 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application and issue a license using the form in Appendix VII or Appendix VIII enclosed herewith; if the licensing authority refuses to issue a license, the authority must inform the applicant in writing or via the online public service system of the refusal and of the reasons for the refusal.

2. Procedures for modifying a license if there is a change relating to the license's contents

a) The carrier shall submit an application for modifying the license according to regulations in Clause 4 Article 15 of this Decree to a licensing authority.

If the application is submitted in person: the competent administrative authority shall verify the application components; instruct the applicant to complete the application if it is inadequate or incorrect.

In case the application is submitted via a postal service or the online public service system, within 01 working day after receiving the application, the competent administrative authority shall consider the validity of the application; if the application is invalid, the competent administrative authority shall notify in writing or via the online public service system to the applicant for supplementation and provide instructions on completion of the application.

b) Within 03 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application and issue a modified license at the request of the carrier using the form in Appendix VII or Appendix VIII enclosed herewith; if the licensing authority refuses to issue a modified license, the authority must inform the applicant in writing or via the online public service system of the refusal and of the reasons for the refusal.

3. Procedures for renewal of a lost or damaged license

a) The carrier shall submit an application for issuance of the license according to regulations in Clause 5 Article 15 of this Decree to a licensing authority.

If the application is submitted in person: the competent administrative authority shall verify the application components; instruct the applicant to complete the application if it is inadequate or incorrect.

In case the application is submitted via a postal service or the online public service system, within 01 working day after receiving the application, the competent administrative authority shall consider the validity of the application; if the application is invalid, the competent administrative authority shall notify in writing or via the online public service system to the applicant for supplementation and provide instructions on completion of the application;

b) Within 02 working days from the date of receipt of the adequate application, the licensing authority shall appraise the application and renew the license; if the licensing authority refuses to renew the license, the authority must inform the applicant in writing or via the online public service system of the refusal and of the reasons for the refusal.

4. The licensing authority shall comply with the provisions of clause 5 Article 51 of the Law on Road traffic safety and order, and notify the license's content on the web portal or website of the authority.

Article 17. Revocation of dangerous goods transport licenses

1. A carrier shall have his/her license revoked in one of the following cases:

a) The carrier provides a copy inconsistent with its original or erroneous information in the application for issuance of the license;

b) The carrier transports dangerous goods in contravention of the application for issuance of the license or the license issued;

c) The carrier terminates his/her operation according to regulations of law;

d) The carrier employs persons participating in the transport of dangerous goods who do not receive dangerous goods training as prescribed.

2. A licensing authority has the power to revoke a license that it issued following the procedure bellows:

a) Promulgate a decision to revoke the license and send it to the carrier;

b) Upon promulgation of the license revocation decision, the carrier shall, within 10 days after signing, return his/her license to the licensing authority and stop transporting dangerous goods according to the license revocation decision immediately after its entry into force.

If the carrier commits the violations specified in point a, point b and point d clause 1 of this Article, which leads to revocation of the license and returns the license within the prescribed time limit, the licensing authority shall not renew the license for 30 days from the entry into force of the license revocation decision.

If the carrier commits the violations specified in point a, point b and point d clause 1 of this Article, which leads to revocation of the license or returns the license beyond the prescribed time limit, the licensing authority shall not renew the license for 60 days from the entry into force of the license revocation decision.

After these 30 days or 60 days, if the carrier wishes to continue transporting dangerous goods, he/she shall reapply for the license according to the regulations in Article 15 of this Decree;

c) Announce the revocation of the issued license via mass media, on web portal or website of the licensing authority.

Chapter V

IMPLEMENTATION

Article 18. Ministry of Transport

1. Take charge of collecting comments from relevant ministries and central authorities in amending the list of dangerous goods proposed to the Government for promulgation.

2. Promulgate national technical regulations on technical safety and environmental protection applicable to land motor vehicles carrying dangerous goods and specialized equipment permanently attached to these vehicles.

3. Cooperate with relevant ministries in management, inspection and handling of violations concerning transport of dangerous goods.

Article 19. Ministry of Public Security

1. Organize transport of classes of dangerous goods serving the security or national defense purposes under the Ministry's management according to the provisions of this Decree.

2. Manage the list of dangerous goods of class 1 and class 4 within the Ministry management; manage transport of dangerous goods and issue licenses according to Clause 1 Article 14 of this Decree.

3. 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 consulting the Government about amendments to the list of dangerous goods of class 1, class 3, class 4 and class 9 according to Clause 1 Article 4 of this Decree.

4. Take charge and 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 safety training within the Ministry's jurisdiction.

Article 20. Ministry of National Defense

1. Organize transport of classes of dangerous goods serving the security or national defense purposes under the Ministry's management according to the provisions of this Decree.

2. Manage transport of dangerous goods and issue licenses within the Ministry's jurisdiction according to Clause 2 Article 14 of this Decree.

3. Carry out immigration inspection and control, and cooperate in inspecting and supervising dangerous goods, vehicles carrying dangerous goods by land motor vehicles 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 21. Ministry of Science and Technology

1. Take charge and cooperate with the Ministry of Transport and the Ministry of Industry and Trade in consulting the Government about amendments to the list of dangerous goods of class 7 in accordance with Clause 1 Article 4 of this Decree proposed to competent authorities for approval to be disclosed.

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.

Article 22. Ministry of Health

1. Manage list of dangerous goods of classes of hazardous chemicals used in the health section and insecticidal and antibacterial chemicals used in the household and health sector under the Ministry’s management according to Clause 1 Article 4 of this Decree.

2. Take charge and cooperate with the Ministry of Transport in consulting the Government about amendments to the list of dangerous goods relating to hazardous chemicals, infectious substances used in the health sector and insecticidal and antibacterial chemicals used in the household and health sector.

3. Stipulate classes of dangerous goods relating to hazardous chemicals, infectious substances used in the health sector and insecticidal and antibacterial chemicals used in the household and health 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.

Article 23. Ministry of Industry and Trade

1. Manage list of dangerous goods of class 2, class 3, class 5, class 8 and class 9, gasoline, oil, gas and other remaining dangerous chemicals and hazardous toxic chemicals according to Clause 1 Article 4 of this Decree.

2. Manage transport of dangerous goods and issue licenses within the Ministry's jurisdiction according to Clause 3 Article 14 of this Decree.

3. Take charge and cooperate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Science and Technology and relevant ministries and central authorities in consulting the Government on amendments to the list of dangerous goods of class 2, class 3, class 5, class 8 and class 9, gasoline, oil, gas and other remaining dangerous chemicals and hazardous toxic chemicals according to Clause 1 Article 4 of this Decree.

4. Stipulate the dangerous goods of class 5 and class 8 that require escorts upon transport.

5. Take charge and 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 24. 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 25. 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 26. 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 27. The People’s Committees of provinces and central-affiliated cities

1. Manage transport of dangerous goods and issue licenses to transport crop protection chemicals according to Clause 4 Article 14 of this Decree.

2. Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within their 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 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 transshipment 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 situations.

Article 28. Consignors

1. Pack each class of dangerous goods in accordance with requirements for their sizes, weights and materials of packages and containers stated in applicable technical standards.

2. Affix hazard placards, hazard signs and goods labels to packages and containers according to regulations of Article 7 herein.

3. Prepare 04 copies of a dossier on the dangerous goods transport, 03 of which shall be sent to the carrier, the unloader and the driver and remaining one shall be retained by the consignor. The dossier consists 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 units in charge of dangerous goods safety training provision for escorts according to regulations in Article 8 of this Decree. Assign escorts if required.

6. Fully equip drivers and escorts with protective gear according to regulations.

Article 29. Carriers

1. Use vehicles 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 consignors and regulations stated in licenses.

4. Affix hazard placard applicable to each class or division of dangerous goods being transported according to regulations.

5. Clean and remove all hazard placards from 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 license and only transport the classes or divisions or names of dangerous goods for which the license is valid and the license, hazard placards and signs are required.

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 100 or other works under construction with high temperature, welding sparks or electric sparks during the transport route.

9. Organize dangerous goods safety training for drivers according to regulations in Article 8 of this Decree.

Article 30. Drivers and escorts

1. Adhere to provisions of law on dangerous goods transport and only transport dangerous goods if: the licenses to transport dangerous goods of classes or divisions or names for which the licenses are required are valid; and all necessary hazard placards and signs have been affixed on the vehicles, packages and containers.

2. Follow instructions provided by the consignors and the carriers.

3. Drivers must bring dangerous goods transport dossiers provided by consignors, valid licenses for the classes, divisions or names of dangerous goods for which licenses are required, certificates of completion of dangerous goods safety training program appropriate to the classes or divisions of dangerous goods being transported (if any), and other documents required by law; and preserve dangerous goods during transport if there is no escort.

4. 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 carriers and the consignors for cooperation in handling of incidents that are beyond the capacity of the drivers or escorts.

5. 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 100 or other works under construction with high temperature, welding sparks or electric sparks during the transport route.

6. Escorts must bring certificates of completion of dangerous goods safety training program appropriate to the classes or divisions of dangerous goods being transported (if any).

Chapter VI

IMPLEMENTATION PROVISIONS

Article 31. Amendments to and annulment of certain Articles of Decree No. 34/2024/ND-CP dated March 31, 2024 of the Government on list of dangerous goods, transport of dangerous goods by land motor vehicles and inland watercraft

1. Amendments to the Decree’s title:

"DECREE

On list of dangerous goods, transport of dangerous goods by inland watercraft”

2. Amendments to the part of basis for promulgation:

“The Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Atomic Energy of Vietnam dated June 3, 2008;

Pursuant to the Law on Chemicals dated November 21, 2007; the Law on Amendments and Supplements to several Articles of 11 Laws related to planning dated June 15, 2018;

Pursuant to the Law on Environmental Protection dated November 17, 2020;

Pursuant to Law on Inland Waterway Transport dated June 15, 2004 and Law on Amendment to some Articles of the Law on Inland Waterway Transport dated June 17, 2014;

At the request of the Minister of Transport;

The Government promulgates a Decree on list of dangerous goods, transport of dangerous goods by inland watercraft.”.

3. Amendments to Clauses 1, 2 and 5 Article 1:

a) Amendments to clause 1:

“1. This Decree provides for list of dangerous goods, transport of dangerous goods and issuance of licenses to transport dangerous goods on inland waterways.”;

b) Amendments to clause 2:

“2. Radioactive substances shall be transported in accordance with laws on atomic energy.”;

c) Amendments to clause 5:

“5.Hazardous waste shall be transported according to laws on environmental protection.”.

4. Amendments to Clause 1 Article 2:

“1. This Decree is applied to Vietnamese and foreign organizations and individuals involved in transport of dangerous goods on inland waterways within the territory of the Socialist Republic of Vietnam.

5. Amendments to Clauses 2, 3, 4, 5 and 7 Article 3:

a) Amendments to clause 2:

"2. “dangerous goods” means goods containing dangerous substances that are a risk to human life or health, the environment or national security and safety when transported on inland waterways.”;

b) Amendments to clause 3:

“3. “carrier" means an organization or individual that uses an inland watercraft to transport dangerous goods.”;

d) Amendments to clause 4:

“4. “consignor” refers to an organization or individual that has concluded a contract on transport of dangerous goods on inland waterways with the carrier.”;

d) Amendments to clause 5:

“5. “loader" means an organization or individual involved in loading and unloading of dangerous goods into or from a inland watercraft or at a warehouse or yard storing dangerous goods.”;

dd) Amendments to clause 7:

“7. “operator" means a crew member or an operator of an inland watercraft.”.

6. Annulment of Section I Chapter III.

7. Amendments to clauses 2 and 3 of Article 17:

a) Amendments to clause 2:

“2. Ministry of National Defense shall organize issuance of licenses to:

a) Organizations and enterprises under its management;

b) Carriers hired by organizations and enterprises under its management to transport dangerous goods.”.

b) Amendments to clause 3:

“3. Ministry of Industry and Trade shall organize issuance of licenses to transport dangerous goods of class 5 and class 8 classified according to Clause 1 Article 4 of this Decree.”.

8. Amendments to point dd Clause 1, point d clause 2 and point e clause 3 Article 18:

a) Amendments to point dd clause 1:

“dd) A certified true copy or certified true electronic copy of the professional qualification (for crew members transporting dangerous goods on inland waterways).”;

b) Amendments to point d clause 2:

“d) A certified true copy or certified true electronic copy of the professional qualification (for crew members transporting dangerous goods on inland waterways).”;

c) Amendments to point e clause 3:

“e) A certified true copy or certified true electronic copy of the professional qualification (for crew members transporting dangerous goods on inland waterways).”.

9. Amendments to Clause 2 Article 21:

“2. Promulgate national technical regulations on technical safety and environmental protection applicable to inland watercrafts transporting dangerous goods and specialized equipment permanently attached to these vehicles/watercrafts.”.

10. Amendments to Clauses 1, 2 and 3 Article 25:

a) Amendments to clause 1:

“1. Manage list of dangerous goods of classes of hazardous chemicals used in the health section and insecticidal and antibacterial chemicals used in the household and health sector under the Ministry’s management according to Clause 1 Article 4 of this Decree.”;

b) Amendments to clause 2:

"2. Take charge and cooperate with the Ministry of Transport in consulting the Government about amendments to the list of dangerous goods relating to hazardous chemicals, infectious substances used in the health sector and insecticidal and antibacterial chemicals used in the household and health sector.”;

c) Amendments to clause 3:

“3. Stipulate classes of dangerous goods relating to hazardous chemicals, infectious substances used in the health sector and insecticidal and antibacterial chemicals used in the household and health sector which require escorts upon transport.”.

11. Amendments to Clause 2 Article 23:

“2. Carry out immigration inspection and control and cooperate in inspecting and supervising dangerous goods, vehicles carrying dangerous goods on inland waterways in border areas and port border checkpoints as prescribed by law.”.

12. Amendments to Article 24:

“Article 24. Ministry of Science and Technology

Cooperate with relevant ministries and central authorities in management, inspection and handling of violations concerning transport of dangerous goods within the Ministry's jurisdiction.”.

13. Amendments and supplements to Article 26:

“Article 26. Ministry of Industry and Trade

1. Manage list of dangerous goods of class 2, class 3, class 5, class 8 and class 9, gasoline, oil, gas and other dangerous chemicals, remaining hazardous toxic chemicals according to Clause 1 Article 4 of this Decree.

2. Manage transport of dangerous goods and issue licenses within the Ministry's jurisdiction according to Clause 3 Article 17 of this Decree.

3. Take charge and cooperate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Science and Technology and relevant ministries and central authorities in consulting the Government on amendments to the list of dangerous goods of class 2, class 3, class 5, class 8 and class 9, gasoline, oil, gas and other remaining dangerous chemicals and hazardous toxic chemicals according to Clause 1 Article 4 of this Decree.

4. Stipulate the dangerous goods of class 5 and class 8 that require escorts upon transport.

5. Take charge and 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.”.

14. Amendments to a number of contents of Appendix IV:

a) Annulment of contents of Section 3;

b) Amendments to the notes:

“Notes:

- The mode of transport (grant/modification of license to transport by inland watercraft) must be clearly specified.

- In case of online application, information shall be provided according to instructions available on the online public service system of the licensing authority.”

15. Amendments to section 5 of Appendix V:

“5. Route of inland waterway transport: ………………….”.

Article 32. Entry into force

1. This Decree comes into force from January 01, 2025.

2. Organizations and individuals granted licenses prior to the effective date of this Decree may continue using such licenses until they expire or are renewed.

Article 33. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Decree.