Legislation

Legislation
Circular 44/2012 / TT-BCT regulates the list of dangerous industrial goods to be packed during transportation

MINISTRY OF INDUSTRY AND TRADE
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SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Number: 44/2012 / TT-BCT

Hanoi, December 28, 2012
CIRCULARS
PROVISIONS OF LIST OF INDUSTRIAL DANGERS OF DANGER MUST BE PACKAGED IN THE TRANSPORTATION AND TRANSPORTATION OF INDUSTRIAL HAZARDS BY DANGER OF MECHANISM OF TRANSPORTATION ROAD, RAILWAY AND INLAND WATERWAY
Pursuant to the Government's Decree No. 104/2009 / ND-CP of November 9, 2009, stipulating the list of dangerous goods and transportation of dangerous goods by road motor vehicles;

Pursuant to the Government's Decree No. 109/2006 / ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Railway Law; Decree No. 03/2012 / ND-CP dated January 19, 2012 of the Government amending and supplementing a number of articles of the Government's Decree No. 109/2006 / ND-CP of September 22, 2006, stipulating expenditures and guide the implementation of a number of articles of the Railway Law;

Pursuant to the Government's Decree No. 29/2005 / ND-CP of March 10, 2005, defining the list of dangerous goods and dangerous goods transportation on inland waterways;

Pursuant to the Government's Decree No. 95/2012 / ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade issued a Circular stipulating a list of dangerous industrial goods to be packed in the process of transporting and transporting dangerous industrial goods by means of road, rail and waterway transport. location.

Section I. GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes the list of dangerous industrial goods which must be packed in the course of transportation; requirements on packaging and storage facilities for dangerous industrial goods, plans for emergency rescue and training of people directly involved in transporting dangerous industrial goods by road and rail motorized vehicles and inland waterways.

List of dangerous industrial goods does not include the following types of dangerous goods:

1. Chemicals used for defense and security purposes shall be managed by the Ministry of Defense and the Ministry of Public Security;

2. Plant protection products; insecticidal and germicidal chemicals and preparations for domestic and medical use;

3. Substances being explosives and industrial explosives;

4. Chemicals of category 6 prescribed in Article 4 of Decree No. 104/2009 / ND-CP of November 9, 2009, stipulating the list of dangerous goods and transport of dangerous goods by means of transport road motor.

Article 2. Subjects of application

This Circular applies to organizations and individuals transporting dangerous industrial goods by road motor vehicles, inland waterways and railways in the Vietnamese territory.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. "Dangerous chemicals" are chemicals specified in Clause 4, Article 4 of the November 21, 2007 Law on Chemicals;
2. "Dangerous industrial goods" include petrol, gas and dangerous chemicals used in industrial production;
3. "Packing of dangerous industrial goods" means the use of technical operations to contain hazardous industrial goods in containers suitable to registered and announced standards;
4. "Containers" mean types of packages, bottles, barrels, tanks, tanks or containers used for storing and transporting goods.
a) "Small package" (denoted by P) is a container with a water capacity of up to 450 liters or a mass of up to 400 kg;
b) "Large package" (denoted LP) means a container with a water capacity of more than 450 liters or a volume of more than 400 kg but with a volume of less than 3 m3;
c) "Medium bulk bulk containers" (denoted by IBC), including:
- Metal containers with a capacity of up to 3 m3 for liquid and solid goods;
- Wooden and plastic containers, paper with a maximum volume of up to 1.5 m3 for solid goods.
d) "Inner packaging" (also called direct packaging) means a vehicle containing direct contact with the goods, fully carrying out the cargo function without any additional packaging;
e) "Outer packing" means a container containing an inner package, together with absorbing materials, inserting a cushion to create protection for the inner packaging, when transporting;
e) "Combined packaging" means a container consisting of one or more inner packages, fixed or fixed in outer packages;
g) "Specialized tanks and tanks" mean containers containing transport means, including:
- Containers with a capacity greater than 1m3 or tank containers (tank-containers) of a capacity greater than 3m3 containing dangerous goods of type 3 with a flash point of not more than 600C (FL type, see Annex 3 for details) ;

- Containers with a capacity greater than 1m3 or tank containers (tank-containers) of a capacity larger than 3m3 contain dangerous goods other than FL type (AT type, details see Appendix 3).

h) "Container" is a container-type container with a storage capacity of more than 1 m3 to store and transfer fully packaged goods.
5. "Bulk cargo" means unpacked goods;
6. "Packing level" is the level determined according to the degree of danger of packaged goods (symbol: PG I, PG
Section III. DANGER OF INDUSTRIAL GOODS DANGER
Article 7. Requirements for persons involved in transporting dangerous industrial goods
1. Carriers must appoint escorts when transporting dangerous industrial goods with a volume larger than the prescribed level in column 7 of the List.
2. Operators of land-road motorized means of transport, escorts and loading and unloading workers and dangerous industrial goods warehouses must meet the following requirements:
a) Being trained in safety techniques in transporting dangerous industrial goods;
b) Having health to meet the requirements of each occupation according to the current labor law;
c) Being fully equipped with personal protective equipment suitable to dangerous industrial goods transported according to current regulations on labor safety;
d) Persons who control road motor vehicles in addition to meeting the requirements specified at Points a, b and c of this Clause must also be granted certificates of technical training for safe transport of industrial goods. danger.
3. Contents of training on safety techniques in transporting dangerous industrial goods include:
a) Legal documents related to transportation of dangerous industrial goods;
b) Dangerous nature of industrial goods to be transported; symbols and danger signs on containers and transport;
c) Types of packages and containers of dangerous industrial goods which need to be transported; request for inspection and verification;
d) Safety measures in loading and unloading and transporting dangerous industrial goods; measures and procedures to be taken in case of accidents, incidents on transport routes (information on rescue and rescue; emergency on-site; prevention of collision, fire sources, use of rescue means repairing and dealing with poisonous fire, explosion and spreading incidents ...) for dangerous industrial goods that do not require urgent incident response planning when being transported;
e) Emergency response plan for dangerous industrial goods requiring emergency response planning.
Article 8. Dossiers, procedures, time limits and ways to grant certificates of technical safety training for transport of dangerous industrial goods
1. Dossiers of application for technical safety training certificates for transporting dangerous industrial goods (hereinafter referred to as certificates) include (01 set):
a) An application for a Certificate according to Form 1 prescribed in Appendix 6;
b) A certified copy (for cases of filing dossiers by post / official dispatch) or a copy enclosed with the original for comparison (for cases of direct submission) Driving licenses suitable to types of road motor vehicles used for transporting dangerous industrial goods;
c) 02 3 x 4 cm photos of the person applying for the Certificate.
2. Within two (02) working days, from the date of receipt of the application for Certificate, the Department of Industry and Trade must notify the organization or individual to complete the dossier in case the dossier is not full. Enough or invalid.
3. Within twenty (20) working days, from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall organize training, inspection and issuance of a Certificate (according to Form 2 prescribed in Accessories). 6) or reply in writing stating the reason in the case of not issuing the Certificate.
4. The application file for Certificate shall be sent directly or by post to the Department of Industry and Trade in the area under management.
5. Technical training certificates for safe transport of dangerous industrial goods are valid for a period of 02 (two) years and are valid nationwide.
Article 9. Emergency response
1. The transportation of dangerous public goods with a volume larger than the volume prescribed in column 7 of the List, requires the formulation of an emergency rescue plan; Contents of emergency rescue plans are specified in Appendix 5 of this Circular.
2. In case of transporting dangerous industrial goods other than those specified in Clause 1 of this Article, there must be chemical safety cards which guide the handling of spills, leaks or explosions for goods being transported. Contents of chemical safety cards as stipulated in Circular No. 28/2010 / TT-BCT dated June 28, 2010 of the Minister of Industry and Trade specifying a number of articles of the Chemical Law and Decree No. 108 / 2008 / ND-CP dated October 7, 2008 of the Government detailing and guiding the implementation of a number of articles of the Law on Chemicals.
3. The plan for emergency response or troubleshooting instructions must be carried while transporting dangerous industrial goods and managed by the operator, stored in a prominent position on the vehicle cockpit. transport.
4. Operators of transport means and escorts must understand the contents of plans on emergency rescue or guide the handling of incidents, proficiently carry out procedures for rescue and proficient use of equipment troubleshooting fire, spills, leaks. Before each transport of dangerous industrial goods, the vehicle driver must check and inspect the equipment of warning, troubleshooting and necessary procedures when the incident occurs.
Every year, the carrier must organize a practice of troubleshooting according to the emergency response plan already tested

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