10:00 | 28/03/2023

What is included in the application for the license to transport goods posing fire and explosion hazards by railway in Vietnam?

I would like to ask what is included in the application for the license to transport goods posing fire and explosion hazards by railway in Vietnam. - Question from Ms. Hoan (Bac Giang)

What is included in the application for the license to transport goods posing fire and explosion hazards by railway in Vietnam?

Pursuant to the provisions of Clause 2, Article 9 of Decree No. 136/2020/ND-CP, an application for the license to transport goods posing fire and explosion hazards by railway includes:

- An application for the license to transport goods posing fire and explosion hazards;

- Certified true copy (or copy together with the authentic copy for comparison) of the enterprise registration certificate of the applicant, which proves that the applicant is permitted to trade or transport dangerous goods;

- List of goods posing fire and explosion hazards and weight and transport route thereof (route start and end); list of escorts;

- Copy certified by the enterprise of the transport contract or written agreement on transport of goods posing fire and explosion hazards by railway between the consignor and the rail transport enterprise;

- Plan for incident prevention and response during transport of goods posing fire and explosion hazards bearing the signature and seal of the applicant;

- Plan for vehicle cleaning and assurance of environmental protection requirements post-transport according to existing regulations on environmental protection.

What is included in the application for the license to transport goods posing fire and explosion hazards by railway in Vietnam?

What is included in the application for the license to transport goods posing fire and explosion hazards by railway in Vietnam?

What are the procedures for issuance of the license to transport goods posing fire and explosion hazards by railway in Vietnam?

Pursuant to the provisions of Clause 3, Article 9 of Decree No. 136/2020/ND-CP stipulating procedures for issuance of the license to transport goods posing fire and explosion hazards by railway as follows:

(1) The applicant shall submit 01 application to the competent authority in one of the following ways:

- Directly at the single-window unit of the competent authority;

- Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);

- By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.

(2) The official receiving the application shall check its components and validity and perform the following tasks:

- If the application is adequate and valid, receive it and fill out the acknowledgement of receipt of application for administrative procedure concerning fire prevention and fighting;

- If the application is inadequate or invalid, instruct the applicant on how to complete the application as per regulations and fill out the written instruction on revision of application for administrative procedure concerning fire prevention and fighting.

(3) Announcement of application processing results:

- If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;

- If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;

- If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy.

Which agencies have the competence in issuance of licenses to transport goods posing fire and explosion hazards by railway in Vietnam?

Pursuant to the provisions of Clause 8, Article 9 of Decree No. 136/2020/ND-CP as follows:

Issuance of licenses to transport goods posing fire and explosion hazards and transport of goods posing fire and explosion hazards
...
8. Competence in issuance of licenses to transport goods posing fire and explosion hazards by road, inland waterway or railway:
a) Fire safety, firefighting, and rescue authorities affiliated to provincial police authorities (hereinafter referred to as “fire departments”) have the power to issue the license to transport goods posing fire and explosion hazards to vehicles of applicants whose business premises are located in and vehicles operating in areas under their management;
b) District-level police authorities have the power to issue the license to transport goods posing fire and explosion hazards to vehicles of applicants whose business premises are located in and vehicles operating in areas under their management and beyond the competence of fire departments and to cases authorized by fire departments.

According to the above provisions, the competence in issuance of licenses to transport goods posing fire and explosion hazards by railway is stipulated as follows:

- Fire safety, firefighting, and rescue authorities affiliated to provincial police authorities (hereinafter referred to as “fire departments”) have the power to issue the license to transport goods posing fire and explosion hazards to vehicles of applicants whose business premises are located in and vehicles operating in areas under their management;

- District-level police authorities have the power to issue the license to transport goods posing fire and explosion hazards to vehicles of applicants whose business premises are located in and vehicles operating in areas under their management and beyond the competence of fire departments and to cases authorized by fire departments.

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