CIRCULAR

REGULATIONS ON OCCUPATIONAL SAFETY INSPECTION OF MACHINERY, EQUIPMENT, SUPPLIES WITH STRICT REQUIREMENTS FOR OCCUPATIONAL SAFETY UNDER THE MANAGEMENT OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Labor Code dated June 18, 2012;

Pursuant to Decree No. 106/2012/ND-CP dated 20/12/2012 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Labor , Invalids and Social Affairs;

Pursuant to Decree No. 45/2013/ND-CP dated May 10, 2013 of the Government detailing the implementation of some articles of the Labor Code on working time, rest time and Occupational safety and hygiene.

At the request of Director of Department of Occupational Safety;

Minister of Labour - Invalids and Social Affairs issued a Circular on occupational safety inspection safety of machinery, equipment and supplies with strict requirements for occupational safety under the management Ministry of Labor, Invalids and Social Affairs.

Chapter 1.

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Article 1. Scope

This Circular regulates conditions and procedures for issuing and reissuing Certificates of eligibility to inspect occupational safety (hereinafter referred to as Certificate of eligibility); issuance, reissuance and revocation of certificates of occupational safety inspector (hereinafter referred to as Inspector’s certificate); responsibility of Organization conducting occupational safety inspection (hereinafter referred to as Inspection Organization); responsibility of enterprises, agencies, organizations, cooperatives, household and individuals using machinery, equipment and supplies with strict requirements for occupational safety under the management of the Ministry of Labor, Invalids and Social Affairs.

Article 2. Regulated objects

1. Organizations conducting occupational safety inspection of machinery, equipment, supplies with strict requirements on occupational safety under the management of the Ministry of Labor, Invalids and Social Affairs.

2. Inspectors, inspection technicians conducting occupational safety inspection of machinery, equipment, supplies with strict requirements for occupational safety under the management of the Ministry of Labor, Invalids and Social Affairs.

3. Enterprises, agencies, organizations, cooperatives, households and individuals (hereinafter referred to as organizations and individuals) using machinery, equipment, supplies with strict requirements for occupational safety under the management of the Ministry of Labor, Invalids and Social Affairs.

Article 3. Interpretation of Terms:

In this Circular, the following terms shall be construed as follows:

1. Inspector: a member of an Inspection Organization who is issued with an Inspector’s certificate by the agency in charge and is directly responsible for conducting or directing and supervising the occupational safety inspection of machinery, equipment, supplies with strict requirements for occupational safety .

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3. Inspected objects: machinery, equipment, supplies with strict requirements for occupational safety

Article 4. Management of occupational safety inspection

Ministry of Labor, Invalids and Social Affairs appoints the Department of Occupational Safety as an agency in charge of managing occupational safety inspection of inspected objects (hereinafter referred to as agency in charge).

Chapter 2.

CONDITIONS AND PROCEDURES FOR ISSUANCE OR REISSUANCE CERTIFICATES OF ELIGIBILITY TO INSPECT OCCUPATIONAL SAFETY

Article 5. Conditions for issuance of certificate eligibility to inspect occupational safety inspection (hereinafter referred to as certificate of eligibility)

Any organization issued with the Certificate of eligibility must satisfy these conditions:

1. The organization is a public service provider or enterprise established under the provisions of law and licensed to provide occupational safety inspection services.

2. Facilities:

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b) There is equipment to enter, store and transmit electronic data on inspection results to the agency in charge

c) There are adequate inspection procedures, technical regulations and technical standards relevant to each inspected object.

3. Inspectors:

Each object must be inspected by at least 02 (two) inspectors who are organization’s official members (civil servants or employees signing at least 12-month contracts or indefinite contracts).

4. Inspection management system:

a) The organization must have a chief technician. In case the organization is divided into departments and divisions with different tasks, each of them must have a chief technician;

The chief technician must be an inspector, and must have at least 05 (five) year’s experience in technical fields related to inspected objects (including design, production, installation, repair, use, operation or maintenance) or have at least 03 (three) years’ experience in inspection (the period of probation and working as an inspection technician are not counted)

b) The organization must have procedures and regulations on monitoring quality of occupational safety inspection meeting these following requirements: Ensuring the inspection takes place within the scope regulated in Certificate of eligibility issued; conducting inspection in accordance with procedures and making result reports in accordance with the regulations; being alert to fake documents during inspections; preventing fraud during inspections ; ensuring the independence and objectivity of the inspection (Do not objects directly used and sold by the Organization).

c) Within 01 (one) year from the date of issue of the certificate of eligibility, the organization shall establish and maintain a occupational safety inspection quality control system conformable with ISO 9001:2008 or ISO / IEC 17020:2001.

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An application for Certificate of eligibility consists of:

1. A written request for issuance of certificate as the form prescribed in Appendix 02 enclosed to this Circular.

2. Certified true copy of business registration certificate or decision on organization establishment issued by a competent authority.

3. List of equipment, instruments used for inspecting of the organization with enough information using the form specified in Appendix 03 enclosed to this Circular.

4. The list of technical materials, technical regulations, standards and inspection procedures corresponding to the inspected objects registered as the form prescribed in Appendix 04 enclosed to this Circular.

5. Documents about the inspector includes

a) List of inspectors’ assignments using the form prescribed in Appendix 05 enclosed to this Circular.

Certified true copies of Inspector’s certificate, valid inspector card (if any) or certified true copies of certificates of inspection training courses which are still valid;

c) An application for Inspector’s certificate prescribed in Article 11 of this Circular (for the inspectors whose certificates have not been issued).

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7. Procedures or regulations monitoring the standard of organization’s inspection.

8. Certified true copy of certificate of quality control system and capacity of the organization (if any).

9. A sample of the inspection stamp, the design of symbol pressed (stamped) on inspected objects (in case it is impossible to paste the inspection stamp) in accordance with the provisions at Clause 2, Article 16 in this Circular.

Article 7. Applications for reissuance of or adjustment to certificate of eligibility

1. At least 90 days before the expiration date of the certificate, any Inspection Organization that wishes to keep providing occupational safety services must send an application for re-issuance of the certificate, including:

a) A written request for re-issuance of certificate using the form provided in Appendix 6 enclosed to this Circular.

b) A copy of the certificate issued.

c) Report on the operation of the organization over the effective period of the Certificate using the form provided in Appendix 07 enclosed to this Circular.

d) List of applicants for the issuance and reissuance of Inspector’s certificate, applications for issuance or reissuance of Inspector’s certificates as prescribed in Article 11 and paragraph 2 of Article 12 in this Circular;

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2. An application for reissuance of a lost or damaged certificate consists of:

a) A written request for reissuance of certificate as form prescribed in Appendix 6 enclosed to this Circular.

b) The damaged certificate (if not lost).

3. An application for adjustment to Certificate consists of:

a) A written request for adjustment to the certificate as the form prescribed in Appendix 6 enclosed to this Circular.

b) The original certificate which has been issued.

c) Materials showing the need of adjustment to the certificate.

Article 8. Procedures for issuing, reissuing and adjusting Certificate of eligibility

1. Any organization that wishes to be issued with, reissued with the Certificate, or adjust the Certificate must submit 01 application, directly or by post, to the agency in charge and pay fees and expenses related to evaluating operating conditions, issuance, reissuance, adjustment to certificate under the provisions of the Finance Ministry.

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3. The Certificate of eligibility template is prescribed in Appendix 8 enclosed to this Circular.

Article 9. Suspension of the Inspection Organization

1. The Inspection Organization will be suspended for 1 to 3 months if:

a) It does not comply with the regulations on inspection conditions in accordance with certificate of eligibility, in particular:

- The means of inspection are not adequate, or the means of inspections are adequate but no certificates of inspection or calibration are presented;

- Each object is inspected by fewer than 02 inspectors in the official payroll of the organization.

- There is no chief technician or the chief technician is not qualified as prescribed in Point a, Clause 4, Article 5 of this Circular.

b) No reports on the organization’s operation are sent to the agency in charge or Provincial Department of Labour - Invalids and Social Affairs for 18 consecutive months.

2. Inspection Organization will be suspended for 01 to 06 months if:

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b) It provides inaccurate inspection result; provides inspection result without actual inspection;

c) It fabricates documents, materials during the inspection, commits fraud during the inspection; does not ensure the independence and objectivity of the inspection (inspects objects which are directly used and sold by the organization)

d) After 01 (one) year since the date of issuance of the first certificate, the Organization does not establish a quality control system for occupational safety inspection in accordance with ISO 9001:2008 or ISO /IEC 17020:2001.

3. The agency in charge shall decide to suspend some or all inspection activities within the inspection scope prescribed in the Certificate of eligibility on a case-by-case basis, and require remedial actions to be taken.

4. Apart from being suspended, organizations and individuals violating regulations shall incur penalties for administrative violations, pay damages, or face criminal prosecution prescribed in the law.

Chapter 3

ISSUANCE, REISSUANCE, REVOCATION OF INSPECTOR’S CERTIFICATE

Article 10: Any person issued with Inspector’s certificate must:

1. Has at least a bachelor’s degree in a technical field suitable for his/her inspection tasks.

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3. Has certificates of completion of periodic training courses on occupational safety inspection suitable for the wanted Certificate, issued by the training organization which is assigned and approved by the agency in charge; except those who have one of these following conditions:

a) Having been working in inspection for over 10 consecutive years before the effective date of this Circular;

b) Having certificates of professional training courses on inspection which is still valid by the effective date of this Circular;

4. Having at least a 12-month contract with the Inspection Organization and being introduced by the Inspection Organization

Article 11: Application for Inspector’s certificate

1. A written request for issuance of the Inspector’s certificate of the organization as the form prescribed in Appendix 9 enclosed to this Circular.

2. A certified true copy of university degree of the applicant.

3. Curriculum vitae of the applicant as the form prescribed in Appendix 10, enclosed to this Circular.

4. A certified true copy of the valid employment contract or recruitment decision of the applicant.

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5. Copies of certificates of training courses in occupational safety inspection or documents proving the working time under the provisions of paragraph 3 of Article 10 of this Circular.

6. Two 3x4 color pictures of the applicant taken within 6 months from the date of the application.

Article 12. Application for reissuance of Inspector’s certificate

1. Inspector’s certificate shall be reissued in these cases:

a) The certificate is expired

b) The certificate scope is adjusted

c) The certificate is lost or damaged.

d) The reissuance of the revoked certification is being considered as prescribed in Clause 4 Article 14 of this Circular.

2. Application for re-issuance of Inspector’s certificate

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- A written request for re-issuance of the Inspector’s certificate of the organization as the form prescribed at Appendix 09 enclosed to this Circular.

- The original expired certificate, a copied certificate of completion of periodic training courses in inspection over the effective period the expired certificate.

- Two 3x4 color pictures of the applicant taken within 6 months from the date of the application.

b) An application for adjustment to inspection scope in the Inspector’s certificate includes:

- A written request for re-issuance of Inspector’s certificate of the organization using the form prescribed in Appendix 09 enclosed to this Circular

- The original certificate issued;

- The copy of certificate of training course in occupational safety inspection prescribed at Clause 3 Article 10 in this Circular for inspection scope for adjustment.

- Two 3x4 color pictures of the applicant taken within 6 months from the date of the application.

c) Application for reissuance of an Inspector’s certificate which is lost or damaged includes:

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- A copy (if any) or inspector’s number

- The inspector’s written explanation for the reissuance.

- Two 3x4 color pictures of the applicant taken within 6 months from the date of the application.

d) An application for reissuance of a revoked Certificate prescribed in Clause 4 Article 14 in this Circular consists of:

- Documents prescribed in Clauses 1, 2 ,3, 4, 6 Article 11 of this Circular.

- Report on fulfillment of the requirements and recommendations on rectification offered by the competent authority;

- A copy of the certificate of training course in occupational safety inspection prescribed at Clause 3 Article 10 of this Circular which is issued after the decision to revoke the certificate took effect.

- Two 3x4 color pictures of the applicant taken within 6 months from the date of the application.

Article 13: Procedures for issuance, reissuance of Inspector’s certificate:

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2. Within 30 working days from the receipt of the complete and valid application, the agency in charge shall make a decision to issue the Inspector’s certificate.

If the application for Inspector’s certificates and the application for the Certificate of eligibility are sent together, they shall be issued together.

3. The Inspector’s certificate template is provided in Appendix 11 enclosed to this Circular.

4. The expiration Inspector’s certificate is the same as that of Certificate of eligibility of the applicant according to regulations in Article 19 Decree No. 45/2013/ND-CP dated May 10, 2013 of the Government detailing some articles of the Labor Code on working time, rest time and occupational safety and hygiene (hereinafter referred to as Decree No. 45 / 2013/ND-CP).

Article 14. Management and use of Inspector’s certificate

1. The Inspection Organization shall administer the inspector’s certificates of its members. In case an inspector no longer works for the organization, the organization shall send a notification and return the Inspector’s certificate to the agency in charge.

2. According to the Inspector’s certificate and the scope prescribed in the Certificate of eligibility, the Inspection Organization shall issue inspector’s cards to the holders of Inspector’s certificates in the Organization using the form in Appendix 12 enclosed to this Circular. Inspectors shall present their inspector’s cards at the request of labor authorities, enterprises, agencies, organizations, cooperatives, households and individuals having inspected objects; and may only conduct occupational safety inspection of the objects within the inspection scope which is prescribed in the inspector’s card.

3. An inspector’s certificate will be revoked if its holder:

a) Provides false information in the application for issuance, reissuance of Inspector’s certificate.

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c) Lets the other borrow, hire or use the Certificate;

d) Conducts inspection at the request of an Inspection organization which is different from the Inspection Organization that applies for the holder’s certificate (unless the Inspection Organizations reach an agreement on cooperation which prescribes responsibilities of relevant sides and inspectors)

e) Conducts inspection beyond the inspection scope prescribed in the inspection card;

f) Conducts inspection against inspection procedures.

4. The reissuance of a revoked Certificate shall be considered after at least 06 months from the revocation date.

Chapter 4

IMPLEMENTATION

Article 15: Responsibilities of users of inspected objects:

1. Signing a contract with the Inspection Organization to conduct the first inspection, periodic or surprise inspections of the inspected objects; conducting periodic inspections on schedule pursuant to the Inspection result certificate; paying inspection fees to the occupational safety Inspection Organization under the regulations of Ministry of Finance.

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3. Supporting the Inspection Organization in its inspection, providing the inspector with technical documents about inspected objects’ and assigning representatives to witness the inspection process.

4. Complying with to the Inspection Organization’s requests for ensuring safety while using inspected objects. Do not use objects that fail the inspection or after the inspection result expires.

5. Sending a report on using the devices and a photocopy of the Inspection result certificate (directly or by post) to the Provincial Department of Labour - Invalids and Social Affairs before using the objects for the first time or receiving the objects from other provinces and centrally-run cities; keeping the confirmation of submission of the report issued by the local Department of Labour - Invalids and Social Affairs. The confirmation form is provided in Appendix 13 enclosed to this Circular.

6. Sending a report on the inspection to the local Department of Labour- Invalids and Social Affairs on request. Immediately reporting the Inspection Organization’s refusal to provide inspection services without reasonable excuses to the agency in charge in order to take timely measures.

7. Administering and using the inspected objects under the regulations prescribed in corresponding national standards about occupational safety which is promulgated by Ministry of Labour - Invalids and Social Affairs.

Article 16: Responsibilities of the Inspection Organization

Every Inspection Organization shall follow regulations in Clause 2 Article 22 in Decree No. 45/2013/ND-CP and is obliged to:

1. Conduct inspection following procedures issued by Ministry of Labour - Invalids and Social Affairs.

2. Append stamps or display inspection information on inspected objects that are passed. The position for the stamp and the method of information display vary according to the inspected object and are specified in inspection procedures. The inspection stamp must meet these standards:

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b) The stamp may be sized to match the size of the inspected objects but its numbers must be visible to naked eye.

c) The inspection stamp is put on the objects where it is noticeable and legible; its material is in a good condition.

3. Issue 01 Inspection result certificate to every user of the inspected objects no later than 05 working days since the date the inspection record is disclosed. In case the object is failed, the Inspection Organization must not issue the Certificate and is required to send a written notification to every user of the object and their local Department of Labour - Invalids and Social Affairs. Print and publish the Certificate using the form prescribed in Appendix 15 enclosed to this Circular until the regulations in Clause 9 Article 16 are followed.

4. Stop the inspection if any object that poses a risk of occupational accidents is found during the inspection, then notify the client to take remedial measures.

5. Send annual reports (before July 5) and annual reports (before January 10 of the year succeeding the reporting year) on occupational safety inspection using the form in Appendix 16 enclosed to this Circular to the Provincial Department of Labour - Invalids and Social Affairs and form in Appendix 17 enclosed to this Circular to the agency in charge.

6. Notify the agency in charge of changes affecting inspection conditions within the inspection scope prescribed in the issued Certificate of eligibility within 15 (fifteen ) days from the occurrence of such changes.

7. Collect, transfer, manage, use inspection fees under regulations of Ministry of Finance.

8. Only employ the organization’s inspectors (unless the Organizations reach a written agreement on cooperation which prescribes responsibility of relevant parties and inspectors) to conduct inspections.

9. From the commencement of the National system of occupational safety infection information (herein after referred to as the National Information System) is announced by the agency in charge, the Inspection Organization shall:

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b) Print the inspection result certificate on the blank Certificate of inspection result under the management of the agency in charge; Check and report the use of blank certificates using the form in Appendix 18 enclosed herewith.

10. Appoint inspectors to attend periodical training courses in occupational safety inspection.

11. Submit the Certificate of eligibility and revoked Inspector’s certificates to the agency in charge.

12. Do not conduct inspection during suspension period (within the scope of objects suspended from inspection) or while the Certificate of eligibility is revoked; Do not allow inspectors to conduct inspection while their Inspector’s certificates are revoked.

Article 17. Responsibilities of Department of Labour - Invalids and Social Affairs

1. Co-operating with relevant agencies to give guidance to the organization using the inspected object, Inspection Organization on the governing area following this Circular.

2. Receiving reports on using the inspected objects of enterprises, agencies, organizations, cooperatives, households and individuals on the governing area. Issuing the report confirmation as form prescribed in Appendix 19 enclosed to this Circular to the organizations and individuals within 07 days since it receives the report confirmation and a copy of the Inspection result certificate of the device.

3. Checking inspection service and Inspection Organization (including branches and unit member of the Organization) in the area as prescribed

4. Sanctioning administrative violations under Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government regulating sanctioning administrative violations in the field of labor and social insurance, transferring Vietnamese laborers to foreign countries workers put Vietnam to work overseas under contracts or proposing the agency in charge suspend or revoke Certificate of eligibility, revoke Inspector’s certificate as prescribed in Article 21 Decree No. 45/2013/ND-CP Clause 9, Article 14 in this Circular

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6. Reporting the state of occupational safety inspection of machinery, equipment, supplies with strict requirements to the Ministry of Labor- Invalids and Social Affairs when requested.

Article 18: Responsibilities of the agency in charge

Department of Occupational Safety affiliated to the Ministry of Labor, War Invalids and Social Affairs, which is the agency in charge, shall:

1. Assist the Minister of Labor- Invalids and Social Affairs in governing occupational safety inspection of machinery, equipment, supplies with strict requirements.

2. Receive applications, issue, reissue, adjust Certificates of eligibility; issue, reissue Inspector’s certificates

3. Provide guidance on using the National Information System; Provide guidance and database for Provincial Departments of Labor, Invalids and Social Affairs to govern the occupational safety inspection.

4. Manage (including printing and issuing) blank Certificates of inspection result from the commencement date of the National Information System.

5. Supervise and inspect the operation of Inspection Organizations.

6. Suspend, revoke Certificates of eligibility, revoke the Inspector’s certificates in accordance with Article 21 Decree No. 45/2013/ND-CP, Article 9 and 14 in this Circular.

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8. Make a list of the organizations issued with Certificates of eligibility, the organizations whose Certificates of eligibility are suspended or revoked, and publish that list on the website of the Department of Occupational Safety and the Ministry of Labor, Invalids and Social Affairs (http://antoanlaodong.gov.vn)

9. Send annual reports on nationwide occupational safety inspection to the Ministry of Labor, War Invalids and Social Affairs.

Article 19. Transitional clauses

1. The Inspection Organizations established and operating under the provisions of the applicable laws before the effective date of this Circular shall continue to operate until the end of October 31, 2014. However, they are required to follow regulations on the responsibilities of the Inspection Organization in Article 16 of this Circular/they must fulfill the responsibilities mentioned in Article 16 of this Circular.

2. After October 31, 2014, if the Inspection Organizations specified in Clause 1 Article 19 do not have the Certificate of eligibility, they must stop the occupational safety inspection of machinery, equipment, supplies with strict requirements under management of the Ministry of Labour - Invalids and Social Affairs.

Article 20. Effect

1. This Circular takes effect from May 1, 2014

2. The Circular No. 37/2010/TT-BLDTBXH dated December 22, 2010 supplying instructions on conditions, register procedures, appointment to conducting occupational safety inspection service of machinery, equipment, supplies with strict requirements for occupational safety shall expire from the effective date of this Circular.

3. Any difficulty or obstacle that arises during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

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PP THE MINISTER
DEPUTY MINISTER




Bui Hong Linh