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Circular No. 25/2009/tt-Bkhcn: Guide To Licensing Procedures For Shipping Dangerous Goods Is Oxidizing, Cell Compounds And Organic Acid Corrosive Substances By Means Of Motor Transport Of Hi ...

Original Language Title: Thông tư 25/2010/TT-BKHCN: Hướng dẫn thủ tục cấp giấy phép vận chuyển hàng nguy hiểm là các chất ôxy hóa, các hợp chất ô xít hữu cơ và các chất ăn mòn bằng phương tiện giao thông cơ giới đườn...

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Pursuant to the law of product quality, the goods on November 21, 2007;

Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;

Pursuant to Decree No. 104/2009/ND-CP on November 9th, 2009 by government regulations dangerous goods list and shipping dangerous goods by motor transport by road;

The Minister of science and technology licensing procedures guide shipping dangerous goods is oxidizing, cell compounds and organic acid corrosive substances by means of motor transport by road on the territory of Vietnam as follows: chapter I GENERAL PROVISIONS article 1. Scope this guidance circulars licensing procedure for transport of dangerous goods type 5 and type 8 by means of motor transport, including: the substance oxygen, cell organic acid compounds (category 5) and the corrosive (category 8) specified in Appendix I attached to Decree No. 104/2009/ND-CP on November 9th, 2009 by government regulations dangerous goods list and shipping dangerous goods by motor transport on Road (hereafter abbreviated as Decree No. 104/2009/ND-CP).

Article 2. Application object 1. This circular applies to organizations and individuals in the country and abroad (hereinafter referred to as enterprise) related to the transport of dangerous goods by motor transport by road on the territory of Vietnam.

The case of international treaties related to the transport of dangerous goods by motor transport on road which the Socialist Republic of Vietnam is a member otherwise with this circular shall apply the provisions of international treaties.

2. The transport of dangerous goods to serve the purpose of Defense, the security of the armed forces by the Minister of national defence, Minister of public security regulations.

3. The cases stipulated in article 2 of the Decree 104/2009/ND-CP of the Government by the Prime Minister to decide the application of the regulation, special measures, in particular: a) served for urgently required for disease prevention, disaster, champion graphics;

b) Every transit of countries, international organizations that Vietnam is not signed or joined the relevant international treaties with countries, international organizations.

Article 3. Explain the term In this circular, the terms below are interpreted as follows: 1. The sender is available for dangerous goods need to transporting by motor transport on road.

2. The transport business is done the transportation of dangerous goods by motor transport on road.

3. Valid copy is a copy authenticated by the notary or the Agency a copy of the business.

4. chemical safety Votes is the document issued by the manufacturer or importer established, printed by Vietnamese are full of the following information: a) chemical identity;

b) identifies dangerous properties of chemicals;

c) information about the composition of the substance;

d physical, chemical characteristics) of chemicals;

DD) the level of stability and performance of the chemicals;

e) information on toxicity;

g) ecological information;

h) first aid measures on health;

I) processing methods when fires;

k) precautions, respond when there is a problem;

l) storage requirements;

m) impact and requirements for personal protective equipment;

n) required in the abandoned emission;

o) requirements in shipping;

p) technical standards and legal provisions must comply;

q) other necessary information.

Chemical safety Slip case has multiple pages, the pages must be numbered consecutively from the first page to the last page. Guest number on each page should include your order number and the page number of the directive the total number of pages of the entire chemical safety Votes.

Chapter II CONDITIONS for the BUSINESS was LICENSED to TRANSPORT DANGEROUS GOODS by MOTOR TRANSPORT by ROAD on the TERRITORY of VIETNAM article 4. For dangerous goods are send dangerous goods are chemicals type 5 and type 8 need transport must be packaged, labeled as specified in articles 7, 8, 9 and article 13 of Decree 104/2009/ND-CP, specifically as follows: 1. The packaging of dangerous goods, packaging, dangerous chemical containers must fit the standard rules , the current standard of packing of dangerous chemicals used in industrial production or international standards are Industry acknowledges.

The case of use of containers, the instrument contains dangerous goods must have applicable standards and must be satisfactory testing techniques with that standard.

2. Packaging, containers for dangerous goods must have: a) Label the goods as stipulated in Decree No. 89/2006/ND-CP dated 30 June 2006 from government regulations on labeling of goods and the current rules on the labelling of the goods are dangerous chemicals;

b) Paste logos of dangerous goods group category, as defined in section 1 annex III of Decree No. 104/2009/ND-CP.

3. There is full safety chemical votes prescribed in paragraph 4 of article 3 of this circular.

Article 5. With regard to transport conditions for the transport of dangerous goods: 1. Transport of dangerous goods the enterprise main need shipping or transport of persons are hired to transport the competent authority shall be the Ministry of transportation inspection, licensing and longer shelf life.

2. Means of transport must meet the technical conditions for the transportation of dangerous goods regulations by the Ministry of industry and trade, specifically the following: a) Not used vehicles and machinery to transport dangerous goods;

b) transport dangerous goods must have the cabin room for 2 people including 1 driver and 1 escorts;

c) transport Person to ensure the requirements about who controls the media, escorts, auxiliary equipment and technical measures for the transport of dangerous goods as defined in the ISO standard 5507:2002;

d) Has media tools, fire protection equipment suitable for dangerous goods being transported by the police room fire regulations;

DD) Have means of masking, fills the entire cargo. Edge cover after covering the left side out at least 20 cm and fastening parts enough to be able to locate sure when shipping;

e) means of concealing must ensure against are fire resistant and waterproof;

g) the voltage in the system of transport shall not exceed 24V.

h) transport of dangerous goods have to ensure the technical requirements such as for motorized transport by road by Department of transportation regulations.

3. Means of transport must paste logos of dangerous goods, the shipping group. If the same transport many different dangers at a time then on transport which to paste the symbol of dangerous goods. Location of logo stickers on the sides and rear of the vehicles. Below this logo to signal the dangerous paste the shape, the size, the color specified in section 2 annex III of Decree 104/2009/ND-CP, in the middle there is the UN (UN number). The size of the signal and the code number of the United Nations (UN) the provisions in annex VII of this circular.

4. The enterprise has the means of transport must have the plans, specific measures on the handling of the media (delete or peeling the dangerous logo stickers on vehicles; cleaning solvents, reduction of toxic chemicals left on the vehicles, ...) after conclusion of transportation if not continue transporting dangerous goods.

Article 6. As for who controls the media and escorts 1. Transport operator must have a valid driver's license, vehicle class suit in a driver's license, and must have the certificate of certification was due to chemical safety training Industry.

The driver of the means of transport are responsible for checking dangerous goods before shipping to ensure shipping safety prescribed; full Executive's notice and the rules stated in the license to transport dangerous goods; just proceed with enough transport licenses, logos and signage is dangerous as defined.

2. Escorts are trained and certified certificate have been trained that his chemical safety escorts by the Industry and the full observance of the provisions recorded in the shipping license.

Chapter III PROCEDURE for GRANTING PERMISSION to TRANSPORT DANGEROUS GOODS by MOTOR TRANSPORT ROADS in article 7. The authority to license to transport dangerous goods Department of science and technology of the province, central cities have the authority to judge the license application of business licensing and carriage of dangerous goods for enterprises in need of transportation by motor transport on road accompanied by dangerous signal.

Article 8. Records suggest a license to transport dangerous goods dangerous goods the enterprise need to transporting or shipping fulfillment business dangerous goods by motor transport roads formed the 1st profile posted on the Department of science and technology of the central cities, where business registration business. The records include: 1. the recommended Single license to transport dangerous goods according to the form prescribed in annex I to this circular (the name of the dangerous goods must be recorded in the correct name, the UN number UN code as specified in annex I of Decree No. 104/2009/ND-CP) accompanied by a copy of valid business registration certificate.

2. The list of means of transport, the means of control, escorts in the form prescribed in annex II of this circular.

3. list of shipping schedules, types of dangerous goods transportation of dangerous goods, total weight needed to transport according to the form prescribed in Appendix III of this circular.

4. the commitment of the business according to the form prescribed in annex IV of this circular.

5. shipping orders (for licenses for multiple transportation shipments, many types of dangerous goods) according to the form prescribed in annex V of this circular.


6. Commitment of the transport (in case of transportation rental business by other businesses).

7. chemical safety Votes prescribed in clause 4 3 of this circular.

8. The documents relating to the request of the media control, escorts: a) valid copy of the occupational safety card controls means, escorts are granted according to the regulations of State attached to the certificate of certification were trained due to chemical safety Industry;

b) a copy of valid driving license of the person who controls the media consistent with transport.

8. a valid registration certificate say transport accompanied by inspection certificates transport longer term effect due to the Vietnam register (Ministry of transport). Business case there need to transporting dangerous goods transportation, rental business must submit the attached copy of valid transport lease in which detailed information on the means of transport (sea, media type, weight control).

9. copy of valid Security auditing certificates, packaging containers for dangerous goods need to transporting longer validity period (for containers). The case of use of containers, the business must submit the attached profile valid copies of the following documents: a) the standards applicable to dangerous goods containers by enterprises published;

b) Slip test results consistent with the applicable standards of dangerous goods containers by registered test field test activities as specified in circular No. 08/2009/TT-BKHCN on 08 April 2009 by the Ministry of science and technology guidance on request , order and registration procedures of conformity assessment activities.

Article 9. Order shipping license 1. Within seven (7) working, since getting a valid, full profile, Department of science and technology of the province, central cities will hold hearings and records licensed transportation of dangerous goods for business according to the model specified in annex VI of this circular.

2. profile case yet to meet regulatory requirements, within three (3) working days from the receipt of the record, Department of science and technology of the central cities, have the responsibility to inform in writing to business to supplement, complete the profile.

Article 10. The validity of licences to transport shipping license granted under the license registration records of shipping dangerous goods of the business. Validity period of the licences to transport not more than 12 months from the date of grant.

Chapter IV RESPONSIBILITIES of BUSINESSES and STATE AGENCIES HAVE JURISDICTION article 11. The responsibility of business 1. , Transport people, organizations and individuals relevant to the transport of dangerous goods by motor transport by road is responsible for: a) in compliance with the provisions of this circular in the process of transport of dangerous goods;

b) test, the control of goods, means of transport, the means of control, who escorts the goods about compliance with the provisions in articles 4, 5, 6 of this circular and the full expression of the application for permission of dangerous goods transport by specific documents;

c) build dangerous goods shipping schedule clear, full; ask the driver of vehicles comply with strict regulations on shipping schedules, the request of the shipper, the directions of the construction unit bridge on cruise shipping routes. Perform scheduled transport, dangerous goods shipping, shipping time stated in the shipping license; implementing log shipping process by order of maneuver for each shipment shipping and periodically 3 months, reported the situation to transport dangerous goods on the Basis of science and technology in the province or city where the licensed transportation of dangerous goods to business accompanied commands according to the form prescribed in annex V;

d) notice in writing of the specific time of the dangerous goods shipping schedule and a copy of the license to transport dangerous goods by the Department of science and technology of the central cities, granted to the people's committees of the province, it is located in the shipping schedule has built to plan help support in case of a problem;

DD) in compliance with the regulations on safety during transportation, unloading of dangerous goods;

e) is responsible for safety, hygiene, the environment for dangerous goods during transport;

g) full implementation of the relevant provisions in Decree No. 104/2009/ND-CP.

2. in case of violation of the provisions of this circular, then depending on the nature and extent of the violation and the consequences will cause shipping license revoked or sanctioned administrative violations or prejudice criminal liability under the law.

Article 12. The responsibility of the Department of science and technology of the central cities, 1. Held hearings and records licensed transportation of dangerous goods for business.

2. In collaboration with the industry functions (Inspector of transport, industry and commerce, public security, ...) the inspection, checking the transportation of dangerous goods of the business has been licensed to transport.

3. Six months, reported the situation to permit carriage of dangerous goods of the Ministry of science and technology and people's Committee, the local city administration.

Chapter V IMPLEMENTATION article 13. Effective enforcement of this circular effect after 45 days from the date of signing and replacing circular No. 10/2008/TT-BKHCN on August 8, 2008 of Ministry of science and technology licensing procedures guide the carriage of dangerous chemicals is the oxidizer, the organic oxide compounds and corrosive substances by means of motor traffic road.

Article 14. Transitional provisions cases, dangerous goods transportation license granted for the enterprise in accordance with circular No. 10/2008/TT-BKHCN on August 8, 2008 of Ministry of science and technology is still the deadline when this circular effect enforcement, businesses continue to be allowed to use the shipping license that until the expiry of the validity.

Article 15. Implementation 1. In the case of national standards cited in this circular have the modify, supplement or replace the use of revised standard, additional or new publication.

2. During the implementation of the circular, if there are obstacles, suggest individual organizations concerned timely reflection on the Ministry of science and technology to examine, solve the./.