Regulations on chemical transportation in accordance with Vietnamese law

Linh Gia August 19, 2022

0 5 phút đọc

Posts : Regulations on chemical transportation in accordance with Vietnamese law In the section LSX Lawfirm

You are interested in Regulations on chemical transportation in accordance with Vietnamese law so let's go Lsxlawfirm.com check out the following article!

Not all organizations and individuals are allowed to transport chemicals. When transporting chemicals, it is necessary to meet a number of conditions prescribed by law. So how does the current law regulate the transportation of chemicals? And to better understand this, today, LSX Lawfirm will give you an article about “Regulations on chemical transportation in accordance with Vietnamese law“, as follows:

Legal grounds

Decree 113/2017/ND-CP;
Circular 52/2013/TT-BTNMT;
Chemical Law 2007.

Principle of chemical action

Firstly, Ensure safety for people, properties, ecosystems, and the environment; safety and order of society.
Secondly, Strictly control chemical activities, especially for new chemicals, dangerous chemicals, chemicals restricted from trading, and banned chemicals.
Thirdly, Complete, accurate, and timely information on hazardous properties of chemicals and necessary preventive measures.

Regulations on transporting chemicals

The regulations related to chemical transportation activities are as follows:

According to Article 6 of Decree 113/2017/ND-CP stipulating requirements for chemical storage and transportation:

Hazardous chemicals must be classified and arranged according to their nature of each chemical. Chemicals that may react with each other or have different requirements on chemical safety. Fire prevention and control are not allowed in the same area.
Chemicals in warehouses must be preserved according to current national technical standards and regulations, ensuring safety and convenience requirements for the chemical incident response then.
The process of transporting chemicals must comply with regulations on the transport of dangerous goods.

And Article 20 of the Law on Chemicals 2007 regulates the transportation of dangerous chemicals:

Organizations and individuals transporting dangerous chemicals must comply with regulations on the transport of dangerous goods of the law on road traffic, inland waterways, railways, aviation, maritime and other regulations. of relevant legislation.
In case of an incident during the transportation process, the vehicle driver, the owner of the goods, and the vehicle owner shall have to apply necessary measures to limit the consequences, remedy the incident, and at the same time notify The nearest People’s Committee and relevant agencies.
Accordingly, when transporting chemicals and hazardous chemicals, the above requirements must be complied with.

In which cases does the transport of chemicals require a permit?

The transportation of goods being chemicals subject to licensing is specified in Article 4 of Circular 52/2013/TT-BTNMT as follows:

Organizations and individuals must have a license to transport dangerous goods in the following cases:

When transporting dangerous goods that are toxic substances or infectious substances by road motor vehicles with a volume equal to or exceeding the volume threshold, a transport permit is required as prescribed in column (6) Appendix 1 of this Circular. this quarter;
When transporting each type of dangerous goods, the volume of which does not exceed the weight threshold, the transport permit is required as prescribed in column (6), Appendix 1 of this Circular, but the total weight of toxic substances, infectious substances transported Transport on the same road motor vehicle is more than 01 ton/trip (excluding the volume of packaging).

The license to transport dangerous goods is issued with 03 (three) originals, of which: 01 (one) original is kept at the agency competent to issue the license to transport dangerous goods as prescribed in Article 12 of this Circular; 01 (one) original shall be sent to the Department of Natural Resources and Environment of the locality where the organization or individual registers its business; and 01 (one) original shall be sent to the organization or individual applying for a license to transport dangerous goods then.

In addition

Organizations and individuals must satisfy the conditions specified in this Circular and do not need a license to transport dangerous goods in the following cases:

When transporting dangerous goods that are toxic substances or infectious substances by road motor vehicles with a volume below the volume threshold, a transport permit is required according to the provisions of column (6), Appendix 1 of this Circular. , but must have a plan for prevention and response to environmental incidents in the transportation of dangerous goods (under the form specified in Appendix 5 of this Circular) and must comply with the transportation conditions and responsibilities specified in the relevant regulations. Articles 5, 6, 7, 10, and 20 of this Circular;
When transporting dangerous goods that are toxic substances or infectious substances by means of inland waterway transport or railway, but must comply with the corresponding regulations in Decree 29/2005/ND-CP or Decree No. 109/2006/ND-CP (amended by Decree 03/2012/ND-CP).
Thus, enterprises transporting goods in the above cases must apply for a license to transport dangerous goods (except for cases where no application is required).

Does transporting chemicals by an elevator within the enterprise need to apply for a license?

According to the provisions of Circular 52/2013/TT-BTNMT, applicable to agencies, organizations, and individuals that transport chemicals as dangerous goods by road and waterway motorized means of transport. internal, railway in the territory of the Socialist Republic of Vietnam. For the case of transporting chemicals within an enterprise by elevator from the 1st floor to the 2nd floor, currently, there is no specific law that requires a permit then.

However, it can be seen that this is also considered a chemical transportation activity, so businesses carrying out this activity need to ensure safety regulations as prescribed in Article 6 of Decree 113/2017/ND-CP and Article 20 of the Law on Chemicals 2007 stipulate the requirements for transporting chemicals and hazardous chemicals.

Consulting service of LSX Lawfirm

Above is LSX Lawfirm’s advice on the content of the problem “Regulations on chemical transportation in accordance with Vietnamese law“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

FB: www.facebook.com/luatsux
Tiktok: https://www.tiktok.com/@luatsux
Youtube: https://www.youtube.com/Luatsux

Contact LSX Lawfirm

Finally, hope this article is useful for you; answer the question: “Regulations on chemical transportation in accordance with Vietnamese law“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].

What are chemicals?

Chemical means a single substance, compound, or mixture of substances exploited or created by humans from natural or artificial sources.

What behaviors are strictly prohibited in chemical operations?

– Producing, trading, transporting, storing, using, sending, giving, or donating dangerous chemicals in contravention of this Law and other relevant laws. Failing to disclose necessary information, providing incomplete or misleading information, concealing information about dangerous properties of chemicals, products containing dangerous chemicals,…

What are dangerous chemicals?

Hazardous chemical means a chemical having one or more of the following hazardous properties according to the classification principles of the Globally Harmonized System of Classification and Labeling of Chemicals:
a) Flammable;
b) Strong oxidizing agent;
c) Strong corrosion;
d) Flammable;…