Circular No. 04/2008/TT-BLDTBXH guiding procedures for registration and inspection of machinery, equipment, and materials with strict requirements for labor safety

CIRCULAR

Guidelines for Registration and Inspection Procedures for Machinery, Equipment, and Materials with Strict Requirements for Labor Safety

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Pursuant to Decree No. 06/CP dated January 20, 1995 (amended and supplemented in 2002) of the Government detailing certain provisions of the Labor Code on labor safety and hygiene;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on product and commodity quality management;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

After receiving comments from relevant ministries, sectors, localities, and agencies, the Ministry of Labor, Invalids, and Social Affairs provides guidelines for registration and inspection procedures for machinery, equipment, and materials with strict requirements for labor safety as follows:

I. GENERAL PROVISIONS

1. Scope and Objectives

a) These Circular applies to enterprises, agencies, organizations, and individuals (collectively referred to as entities) that use machinery, equipment, and materials with strict requirements for labor safety (collectively referred to as objects), including enterprises under the armed forces and agencies, organizations, and individuals from foreign countries or international organizations operating within the territory of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Machinery, equipment, and materials with strict requirements for labor safety must be registered and inspected before being put into use.

b) Scope of application: Types of machinery, equipment, and materials listed in Appendix 1 attached to this Circular.

2. Explanation of terms

In this Circular, the following terms are understood as follows:

a) Technical safety inspection (referred to as inspection) is an activity to assess the technical condition of the inspected object according to national technical regulations and national standards on labor safety.

b) Registration is an activity to record in the monitoring book of the Labor Inspectorate under the Department of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities to serve state management work on labor safety for objects listed in Appendix 1 attached to this Circular;

c) Technical safety inspection unit (referred to as inspection unit) is an organization that has registered its service activities conducting technical safety inspections of machinery and equipment with strict requirements for labor safety, ensuring conditions as prescribed by the Ministry of Labor, Invalids, and Social Affairs;

d) Inspection process is the process by which the inspection unit implements technical safety inspection steps according to national technical regulations (inspection procedure).

II. SPECIFIC PROVISIONS

1. Inspection Procedure

1.1. For entities

a) Notify the need for inspection in writing directly or via postal mail/fax/electronic mail for the inspection unit to conduct inspection: initial; periodic; extraordinary.

b) Provide related technical documents concerning the inspected object and appoint a representative to witness the inspection process.

c) Rectify any unsafe conditions related to the inspection work and facilitate the inspection unit's inspection process.

d) The entity shall immediately report to the Ministry of Labor, Invalids, and Social Affairs (Department of Labor Safety) any refusal by the inspection units to conduct inspections so that timely measures can be taken.

1.2. For inspection units

a) Within four working days from the date of receipt of the entity's request, the inspection unit must agree with the entity on the inspection process. If it cannot meet the entity's inspection requirements, it must notify the entity in writing and specify the reasons.

b) Conduct inspections of objects in accordance with the national technical regulations (inspection procedure) issued by the Ministry of Labor, Invalids, and Social Affairs or sectoral ministries.

For types of machinery and equipment without national technical regulations (inspection procedure) issued by the Ministry of Labor, Invalids, and Social Affairs or sectoral ministries but reviewed by the Ministry of Labor, Invalids, and Social Affairs, the inspection unit may base its inspections on international technical standards, inspection procedures, or those of countries recognized by Vietnam.

c) When the object meets safety conditions for use, the inspection unit must issue an inspection result certificate (one copy) to the entity no later than five working days from the date of announcing the inspection record, according to Model No. 01 attached to this Circular.

d) During the inspection process, if the inspection unit discovers potential hazards leading to accidents, it must stop the inspection, inform the entity, and take corrective actions.

đ) If during the inspection process, the inspection unit violates technical standards on labor safety causing damage to the entity, it shall bear responsibility for compensation according to the law depending on the extent of the damage.

2. Registration Procedure

2.1 For entities

a) Within five working days from the date of receipt of the inspection result certificate, the entity or the authorized unit must submit the registration dossier directly or via postal mail/fax/electronic mail to the Labor Inspectorate under the Department of Labor, Invalids, and Social Affairs for registration before putting the object into use. The registration dossier includes:

- Registration form according to Model No. 02 attached to this Circular;

- Inspection result certificate for machinery and equipment with strict requirements for labor safety (photocopy).

b) Initial registration before putting the object into use, and only once.

c) Re-registration applies in the following cases:

- When ownership of the object changes;

- When the installation location of the object changes;

- After renovation or repair that alters the load-bearing structure or technical parameters of the registered object.

d) The procedure for using industrial explosives (materials with strict requirements for labor safety) is guided by the Ministry of Industry and Trade according to government regulations. Entities must send copies of the industrial explosives usage permit to the Labor Inspectorate under the Department of Labor, Invalids, and Social Affairs (directly or via postal mail/fax).

2.2 Registration Location

a) The basis for registering various types of machines and equipment at the Labor Inspection under the Department of Labor, Invalids and Social Affairs where such machines and equipment are installed and used permanently.

For mobile machines and equipment such as truck cranes, wheeled cranes, tracked cranes, tower cranes, hoists, and mobile performance stages, the entity shall register with the Labor Inspection under the Department of Labor, Invalids and Social Affairs at the main office location of the entity; simultaneously notify in writing the Labor Inspection under the Department of Labor, Invalids and Social Affairs where the entity uses such machines and equipment at a specific location for a certain period of time.

b) For entities with strict requirements for labor safety belonging to armed forces units, registration shall be carried out in accordance with the regulations of the Ministry of National Defense and the Ministry of Public Security.

2.3. For the Department of Labor, Invalids and Social Affairs

a) The Labor Inspection retains the registration declaration form submitted directly or through postal mail/fax/electronic mail. for monitoring purposes.

b) Record in the registration book according to Form No. 03 attached to this Circular.

III. IMPLEMENTATION

1. For the entity

a) Managing and using objects with strict requirements for labor safety must conduct inspection and registration in accordance with the provisions of this Circular.

b) Annually prepare plans for inspecting objects.

c) Manage and use objects in compliance with national technical standards and national standards on labor safety.

2. For the inspection unit

a) Organize timely inspections in accordance with Clause 1.2, Clause 1, Section II of this Circular.

b) Report periodically every six months (before July 5) and annually (before January 10 of the following year) on the inspection situation to the Labor Inspection, Department of Labor, Invalids and Social Affairs according to Form No. 04 attached to this Circular.

3. For the Department of Labor, Invalids and Social Affairs

a) Have the responsibility to disseminate, guide, and implement this Circular.

b) Inspect and check the inspection and use of objects and handle violations within their authority.

c) Report periodically every six months (before July 10) and annually (before January 15 of the following year) on the registration situation in the locality to the Ministry of Labor, Invalids and Social Affairs (Labor Safety Bureau) according to Form No. 05 attached to this Circular.

4. For the Labor Safety Bureau

a) Assist the Minister of Labor, Invalids and Social Affairs in uniformly managing the State's registration and inspection; prescribe the format of the inspection result certificate; issue supplements or amendments to the list of types of machines, equipment, and materials with strict requirements for labor safety.

b) Organize guidance and inspection of the implementation of this Circular.

c) Report periodically annually on the registration and inspection situation nationwide.

5. Ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, municipal People's Committees directly under the central government

a) Have the responsibility to direct and urge entities under their management to comply with the provisions of this Circular.

b) Study and propose to the Ministry of Labor, Invalids and Social Affairs to amend and supplement the list of types of machines, equipment, and materials with strict requirements for labor safety.

IV. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular No. 23/2003/TT-LĐTBXH dated November 3, 2003 of the Ministry of Labor, Invalids and Social Affairs on procedures for registration and inspection of types of machines, equipment, materials, and substances with strict requirements for labor safety and occupational health.

2. Objects that have been issued certificates of registration before this Circular takes effect remain valid, except for cases specified in Point c, Clause 2.1, Section II of this Circular.

3. During the implementation process, if there are difficulties, they should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.