Circular No. 06/2014/TT-BLDTBXH on technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, Invalids, and Social Affairs.

CIRCULAR

Regulations on technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs

The Ministry of Labor, War Invalids and Social Affairs hereby issues this Circular to regulate technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs.

ORGANIZATION PERFORMING THE APPRAISAL

____________________

 

Based on the Labor Code dated June 18, 2012;

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

Pursuant to Decree No. 45/2013/NĐ-CP dated May 10, 2013 of the Government detailing implementation of certain articles of the Labor Code on working hours, rest time, and labor safety and hygiene;

At the proposal of the Director of the Occupational Safety and Health Inspectorate;

The Minister of Labor, War Invalids and Social Affairs promulgates this Circular to regulate technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates conditions, procedures for issuing, reissuing Technical Safety Inspection Qualification Certificates; issuing, reissuing, and revoking Technical Inspector Certificates; responsibilities of organizations conducting technical safety inspections; responsibilities of enterprises, agencies, organizations, cooperatives, households, and individuals using machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs.

Article 2. Applicability

1. Organizations conducting technical safety inspections shall inspect machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as Inspection Organizations).

2. Inspectors and technical inspectors shall conduct technical safety inspections of machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs.

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

Article 3. Explanation of Terms

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

1. Inspector: is a person belonging to an organization conducting technical safety inspections and holding a Technical Safety Inspector Certificate issued by the Lead Agency (hereinafter referred to as Inspector Certificate), responsible for directly carrying out or directing and supervising the execution of technical safety inspections of machinery, equipment, and materials with strict requirements for labor safety.

2. Technical inspector: is a person belonging to an organization conducting technical safety inspections, tasked with performing specific tasks within the inspection process of machinery, equipment, and materials with strict requirements for labor safety under the direction and supervision of the inspector.

Inspection object: is machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs.

Article 4. Management of technical safety inspection activities

The Ministry of Labor, War Invalids and Social Affairs designates the General Department of Labor Safety as the Lead Agency responsible for managing technical safety inspection activities of inspection objects (hereinafter referred to as the Lead Agency).

Chapter II
CONDITIONS FOR ISSUANCE AND REISSUANCE OF THE CERTIFICATE OF ELIGIBILITY FOR TECHNICAL SAFETY LABORATORY TESTING ACTIVITIES

Article 5. Conditions for Issuance of the Certificate of Eligibility for Technical Safety Laboratory Testing Activities

An organization that is issued the Certificate of Eligibility for Technical Safety Laboratory Testing Activities must meet the following conditions:

1. It must be a public service unit or a business established in accordance with the law, having the function or registering to provide technical safety laboratory testing services.

2. Material and technical facilities:

a) Must have sufficient equipment and tools to serve the testing of objects within the scope of testing as required by the testing procedures. The equipment and tools serving testing for each group of tested objects must at least comply with the provisions set out in Appendix 01 attached hereto. Equipment and tools for testing must be periodically tested and calibrated according to the law during their period of use;

b) Must have equipment to enter, store, and transmit electronic data on testing results to the competent authority;

c) Must have sufficient testing procedures, technical standards, and technical specifications related to each object within the scope of testing.

3. Testing personnel:

For each object within the scope of testing, there must be at least two (2) testing personnel who are officially part of the organization's staff (either civil servants or employees under contracts of at least twelve (12) months or indefinite-term contracts).

4. Organizational and management system for testing activities

a) The organization must have a general technical supervisor. In cases where the organization has departments divided according to different areas of operation, each department must have a general technical supervisor;

The general technical supervisor must be a testing personnel and must have at least five (5) years of work experience in the relevant technical field (including design, production, installation, repair, use, operation, or maintenance) or have directly engaged in technical safety laboratory testing activities for at least three (3) years (excluding probationary periods and working as a testing technician);

b) The organization must have quality control procedures and regulations for technical safety laboratory testing activities that meet the following requirements: Ensuring testing activities within the scope specified in the Certificate of Eligibility for Technical Safety Laboratory Testing Activities; conducting testing according to the correct procedures and reporting testing results as required; preventing falsification of records and documents during testing; preventing fraudulent behavior in testing activities; ensuring independence and impartiality in testing activities (not testing objects directly used or traded by the Organization itself);

c) Within one (1) year from the date of issuance of the Certificate of Eligibility for Technical Safety Laboratory Testing Activities, the organization must establish and maintain a quality management system for technical safety laboratory testing activities in accordance with the standard TCVN ISO 9001:2008 or TCVN ISO/IEC 17020:2001.

Article 6. Documents for Application to Obtain the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities

The documents for application to obtain the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities include:

1. An application form for the Certificate of Eligibility in accordance with the model prescribed in Appendix 02 issued together with this Circular.

2. A certified copy of the business registration certificate or the establishment decision of the organization by the competent authority.

3. A list of equipment and tools for inspection activities of the organization filled out with complete information in accordance with the model prescribed in Appendix 03 issued together with this Circular.

4. A list of technical documents, technical standards, standards, and inspection procedures corresponding to the objects of inspection registered in accordance with the model prescribed in Appendix 04 issued together with this Circular.

5. Documentation on inspectors including:

a) A list of assigned inspectors in accordance with the model prescribed in Appendix 05 issued together with this Circular;

b) A certified copy of the Inspector Certificate, Inspector Card (if applicable) still valid or a certified copy of various certificates, certificates of participation in relevant training courses still valid;

c) An application for issuance of the Inspector Certificate in accordance with Article 11 of this Circular (for inspectors who have not yet been issued a Certificate).

6. Documentation proving the capability and experience of the technical manager mentioned in Point a Clause 4 Article 5 of this Circular (including a certified copy of related certificates, diplomas; years of work confirmed by relevant organizations).

7. Quality control procedures or regulations of the organization's inspection activities.

8. A certified copy of the quality management system certification, organizational capability certificate (if applicable).

9. Inspection label samples, markings applied to inspected objects (in cases where labels cannot be affixed) in compliance with Clause 2 Article 16 of this Circular.

Article 7. Documents for Application to Reissue, Supplement, or Amend the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities

1. At least 90 days before the expiration date specified in the Certificate, the Inspection Organization wishing to continue providing inspection services must submit an application for reissuance of the Certificate, including:

a) An application for reissuance of the Certificate in accordance with the model prescribed in Appendix 06 issued together with this Circular;

b) A certified copy of the previously issued Certificate;

c) A report on the organization's operation during the period the Certificate was held in accordance with the model prescribed in Appendix 07 issued together with this Circular;

d) A list of applications for issuance and reissuance of Inspector Certificates; documentation for issuance and reissuance of Inspector Certificates in accordance with Article 11 and Clause 2 Article 12 of this Circular;

đ) The documents stipulated in Clauses 2, 3, 4, 5, 6, 7, 8, 9 of Article 6 of this Circular in case of changes.

2. In case of loss or damage of the Certificate, the application for reissuance includes:

a) An application for reissuance of the Certificate in accordance with the model prescribed in Appendix 06 issued together with this Circular;

b) The original Certificate (if available) in case of damage.

3. For cases of supplementing or amending the Certificate, the application for reissuance includes:

a) An application for supplementation or amendment of the Certificate in accordance with the model prescribed in Appendix 06 issued together with this Circular;

b) The original Certificate;

c) Documentation proving the need for supplementation or amendment of the Certificate.

Article 8. Procedures for Issuing, Reissuing, Supplementing, and Amending the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities

1. Organizations that need to apply for issuance, reissuance, supplementation, or amendment of the Certificate must directly submit or send via postal service one set of application files to the Lead Agency, while paying the relevant fees and charges for assessing eligibility conditions and issuing, reissuing, supplementing, or amending the Certificate in accordance with the regulations of the Ministry of Finance.

2. Within thirty working days from the date of receiving complete and valid files, the Lead Agency shall be responsible for evaluating and issuing, reissuing, supplementing, or amending the Certificate. In cases where the Certificate is not issued, reissued, supplemented, or amended, the Lead Agency shall notify the organization in writing of the reasons.

3. The model of the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities is specified in Appendix 08 attached to this Circular.

Article 9. Suspension of Activities of Occupational Safety and Health Technical Inspection Organizations

1. Occupational safety and health technical inspection organizations shall be suspended from conducting inspections for one to three months in the following cases:

a) Failure to maintain the prescribed conditions for conducting inspections as stipulated in the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities, specifically:

- Not having sufficient inspection equipment or having inspection equipment but lacking calibration certificates;

- Failing to ensure at least two full-time inspectors for each inspection object within the scope of inspection;

- Not having a general technical supervisor or the general technical supervisor does not meet the conditions specified in Point a Clause 4 Article 5 of this Circular.

b) Continuously failing to report to the Lead Agency or the Department of Labor, Invalids and Social Affairs on the inspection activities of the inspection organization for eighteen consecutive months as required by Clause 5 Article 16 of this Circular.

2. Occupational safety and health technical inspection organizations shall be suspended from conducting inspections for one to six months in the following cases:

a) Conducting inspections outside the scope specified in the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities; not adhering to the inspection procedures; failing to report inspection results as required by Point a Clause 9 Article 16 of this Circular.

b) Providing false inspection results; providing inspection results without actually conducting the inspection;

c) Falsifying inspection files and documents; engaging in fraudulent activities during inspections; failing to ensure independence and impartiality in inspection activities (inspecting objects directly used or traded by the organization itself).

d) One year after being granted the initial Certificate of Eligibility, the inspection organization has not established a quality management system for occupational safety and health technical inspection activities in compliance with the standards TCVN ISO 9001:2008 or TCVN ISO/IEC 17020:2001.

3. Depending on specific circumstances, the Lead Agency may issue a decision to suspend part or all of the inspection activities within the scope specified in the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities, and simultaneously require the implementation of corresponding measures to rectify the consequences.

4. In addition to suspending the activities of occupational safety and health technical inspection organizations, depending on the severity of the violation, violators may also be subject to administrative penalties, compensation for damages, or criminal liability as provided by law.

Chapter III
ISSUING, REISSUING, AND REVOKING INSPECTION TECHNICIAN CERTIFICATES

Article 10. Conditions for persons to be issued with the Inspection Certificate

1. Hold a bachelor's degree or higher in a relevant technical field corresponding to the inspection area and scope.

2. Have at least two (2) years of work experience as an inspection technician or working in fields related to the objects within the scope of the requested Certificate (including: design, production, installation, repair, use, operation, maintenance).

3. Possess a certificate of completion for training courses or refresher courses on technical safety inspection business appropriate to the scope of the requested Certificate, issued by a training organization commissioned, assigned tasks, and approved plans by the Lead Agency, except for those who meet one of the following conditions:

a) Having continuously worked in inspection for more than ten (10) years up to the effective date of this Circular.

b) Holding a valid certificate or qualification from training courses or refresher courses on inspection business appropriate to the scope up to the effective date of this Circular.

4. Have a labor contract of twelve (12) months or longer with the Inspection Organization and introduced by the Inspection Organization.

Article 11. Documents for Requesting Issuance of the Inspection Certificate

1. A letter requesting issuance of the Inspection Certificate from the organization according to the model prescribed in Appendix 09 attached to this Circular.

2. A certified copy of the bachelor’s degree diploma of the person being requested to obtain the Certificate.

3. A resume of the person being requested to obtain the Certificate according to the model prescribed in Appendix 10 attached to this Circular.

4. A certified copy of the current valid labor contract or employment decision of the person being requested to obtain the Certificate.

In case of requesting issuance of the Inspection Certificate together with the first-time issuance of the Certificate of Qualification for Inspection Activities, only a commitment to enter into a labor contract (to sign the contract immediately after obtaining the Certificate of Qualification for Technical Safety Inspection Activities) with a term meeting the condition stipulated in Clause 4, Article 10 of this Circular is required; within thirty (30) days from the date of issuance of the Certificate of Qualification for Technical Safety Inspection Activities, the organization is responsible for sending certified copies of relevant contracts included in the commitment to the Lead Agency.

5. A certified copy of the certificate of completion of technical safety inspection business training course or documents proving work experience as prescribed in Clause 3, Article 10 of this Circular.

6. Two (2) color photographs measuring 3x4 cm of the person being requested to obtain the Certificate taken within six (6) months from the date of request.

Article 12. Documents for Reissuing the Inspection Certificate

1. The Inspection Certificate will be reissued in the following cases:

a) The Certificate has expired;

b) Supplementing the inspection scope in the Certificate;

c) The Certificate is lost or damaged;

d) The Certificate revoked may be reconsidered for reissue in accordance with Clause 4, Article 14 of this Circular.

2. Documents for Reissuing the Inspection Certificate:

a) At least three (3) months before the expiration date specified in the Certificate, if the Inspection Organization needs to continue using the inspector, it shall prepare the following documents:

- A letter requesting reissuance of the Inspection Certificate from the organization according to the model prescribed in Appendix 09 attached to this Circular;

- Original expired Certificate; a certified copy of the certificate of completion of regular refresher courses on inspection business conducted during the validity period of the expired Certificate;

- Two (2) color photographs measuring 3x4 cm of the person being requested to reissue the Certificate taken within six (6) months from the date of request.

b) For the case of supplementing the inspection scope in the Inspection Certificate, the documents include:

- A letter requesting reissuance of the Inspection Certificate from the organization according to the model prescribed in Appendix 09 attached to this Circular;

- Original Certificate already issued;

- A certified copy of the certificate of completion of technical safety inspection business training course as prescribed in Clause 3, Article 10 of this Circular for the supplementary inspection scope;

- Two (2) color photographs measuring 3x4 cm of the person being requested to reissue the Certificate taken within six (6) months from the date of request.

c) For the case where the Inspection Certificate is torn, damaged, or lost, the documents include:

- A letter requesting reissuance of the Inspection Certificate from the organization according to the model prescribed in Appendix 09 attached to this Circular;

- A copy (if available) or the identification number of the inspector;

- An explanation of the reasons for requesting reissuance by the inspector;

- Two (2) color photographs measuring 3x4 cm of the person being requested to reissue the Certificate taken within six (6) months from the date of request.

d) The Certificate revoked may be reconsidered for reissue in accordance with Clause 4, Article 14 of this Circular, the documents include:

- Documents mentioned in Clauses 1, 2, 3, 4, and 6 of Article 11 of this Circular;

- Report on the implementation of requirements and recommendations to rectify violations by competent authorities;

- A certified copy of the certificate of completion of technical safety inspection business training course as prescribed in Clause 3, Article 10 of this Circular issued after the effective date of the decision revoking the Certificate.

- Two (2) color photographs measuring 3x4 cm of the person being requested to reissue the Certificate taken within six (6) months from the date of request.

Article 13. Procedures for Issuing and Reissuing Inspection Certificates

1. Based on the conditions stipulated in Article 10 of this Circular, the Inspection Organization shall prepare and submit the application dossier to the Lead Agency to request issuance or reissuance of the Inspection Certificate for individuals belonging to the Organization. The application dossier for the Inspection Certificate may be submitted together with the application dossier for issuance or reissuance of the Certificate of Eligibility for Technical Safety and Health Inspection Activities.

2. Within thirty working days from the date of receipt of a complete and valid dossier, the Lead Agency shall issue a decision to grant the Inspection Certificate.

For the dossier requesting issuance of the Inspection Certificate submitted together with the dossier requesting issuance of the Certificate of Eligibility for Technical Safety and Health Inspection Activities, the Inspection Certificate will be issued concurrently with the Certificate of Eligibility for Technical Safety and Health Inspection Activities of the organization.

3. The model of the Inspection Certificate is prescribed in Appendix 11 attached to this Circular.

4. The validity period of the Inspection Certificate is the validity period of the Certificate of Eligibility for Operation of the Inspection Organization requesting issuance of the Certificate, as prescribed in Article 19 of Decree No. 45/2013/NĐ-CP dated May 10, 2013 of the Government detailing certain provisions of the Labor Code on working hours, rest time, and occupational safety and health (hereinafter referred to as Decree No. 45/2013/NĐ-CP).

Article 14. Management and Use of Inspection Certificates

1. The Inspection Organization is responsible for managing the Inspection Certificates of the organization. When an inspector ceases to work at the Inspection Organization, the Inspection Organization is responsible for reporting and returning the Inspection Certificate to the Lead Agency.

2. On the basis of the Inspection Certificate and the scope of activities in the Certificate of Eligibility for Technical Safety and Health Inspection Activities, the Inspection Organization shall issue an inspection card to persons holding the Inspection Certificate of the Organization according to the model prescribed in Appendix 12 attached to this Circular. Inspectors are responsible for presenting their inspection cards upon request by competent state agencies on labor matters and with enterprises, agencies, organizations, cooperatives, households, and individuals whose objects are subject to inspection; they may only conduct technical safety inspections of inspection objects within the scope of inspection recorded on the inspection card.

3. The Inspection Certificate will be revoked in the following cases:

a) Forgery or false declaration of documents in the dossier for issuance or reissuance of the Inspection Certificate;

b) Unauthorized alteration or correction of the Inspection Certificate;

c) Lending, renting, or allowing others to use the Inspection Certificate;

d) Conducting inspections for another Inspection Organization without the consent of the Inspection Organization that requested issuance of the Certificate (except in cases where the Inspection Organizations have agreements on cooperation clearly stating the responsibilities of each party and the relevant inspectors);

đ) Conducting inspections outside the scope recorded on the inspection card;

e) Conducting inspections without adhering to the inspection procedures.

4. An inspector whose certificate has been revoked may only be considered for reissuance of the Certificate after a minimum period of six months from the date of revocation of the Certificate.

Chapter IV
IMPLEMENTATION

Article 15. Responsibilities of Organizations and Individuals Using Inspection Objects

1. Enter into contracts with the Inspection Organization to conduct initial, periodic, or extraordinary inspections of inspection objects; base the periodic inspections on the validity period recorded on the Certificate of Inspection Results. Pay inspection fees to the organization conducting technical safety and health inspections in accordance with regulations of the Ministry of Finance.

2. Retain records and inspection reports of inspection objects. In case of transferring (or leasing) inspection objects, the seller (or lessor) must hand over all these documents to the buyer (or lessee) of the inspection objects.

3. Facilitate the Inspection Organization in conducting inspections, prepare all related technical documents concerning the inspection objects to provide to the inspectors, and appoint representatives to witness the inspection process.

4. Implement recommendations of the Inspection Organization regarding ensuring safety during the use of inspection objects. Do not continue using inspection objects that fail to meet inspection requirements or have exceeded their inspection validity period.

5. After installation, before first use or when moving inspection objects from another province or centrally-administered city for use, submit (directly or via postal service) a usage declaration form and a copy of the Certificate of Inspection Results (initial or extraordinary) to the Department of Labor, Invalids, and Social Affairs of the locality where the inspection objects are used; retain the confirmation of the usage declaration of the inspection objects issued by the Department of Labor, Invalids, and Social Affairs. The model of the usage declaration form for inspection objects is prescribed in Appendix 13 attached to this Circular.

6. Report inspection situations to the Department of Labor, Invalids, and Social Affairs of the locality where the inspection objects are used when required. Immediately report to the Lead Agency if the Inspection Organization refuses to provide inspection services without justifiable reasons, so that timely measures can be taken.

7. Manage and use inspection objects in accordance with national technical standards on occupational safety and health issued by the Ministry of Labor, Invalids, and Social Affairs.

Article 16. Responsibilities of the Certification Organization

The Certification Organization shall be responsible for implementing the provisions set forth in Clause 2, Article 22 of Decree No. 45/2013/NĐ-CP along with specific regulations as follows:

1. Must conduct certification according to the technical safety inspection procedures issued by the Ministry of Labor, Invalids and Social Affairs.

2. Must affix a certification label or display certification information on objects that meet the requirements. The position for affixing labels and the form of displaying certification information are specified for each object in the respective inspection procedures. Certification labels must satisfy the following requirements:

a) Shape, color, and parameters recorded on the label according to the model prescribed in Appendix 14 attached to this Circular;

b) Certification labels may be enlarged or reduced in size to fit the dimensions of the inspected object but must ensure that the parameters recorded on the label are visible to the naked eye;

c) Certification labels must be affixed to inspected objects in easily visible and readable positions; labels must be made from materials that do not easily fade or peel off.

3. Must issue a Certificate of Inspection Results (one copy) to organizations or individuals using the inspected object that meets the requirements within no more than five working days from the date of announcing the inspection record. In cases where the inspected object does not meet the requirements, the Certification Organization shall not issue a Certificate of Inspection Results, but must send a written notification to the organization or individual using the inspected object and the provincial Department of Labor, Invalids and Social Affairs where the inspection was conducted. Certificates of Inspection Results shall be printed and distributed according to the model prescribed in Appendix 15 attached to this Circular until the implementation of Clause 9, Article 16 of this Decree.

4. During the inspection process, if a risk leading to accidents is discovered, the inspection must be stopped and the facility notified to take corrective measures.

5. Report semi-annually (before July 5) and annually (before January 10 of the following year) on the operation of technical safety inspections according to the model prescribed in Appendix 16 attached to this Circular to the provincial Department of Labor, Invalids and Social Affairs where the inspection was conducted, and according to the model prescribed in Appendix 17 attached to this Circular to the competent authority.

6. Notify the competent authority about changes affecting the conditions for conducting technical safety inspections within fifteen days from the date of change.

7. Implement the collection, payment, management, and use of inspection fees according to the regulations of the Ministry of Finance.

8. Only use inspectors belonging to the organization (except in cases where Certification Organizations have written agreements specifying the responsibilities of both parties and the relevant inspectors) to carry out inspections.

9. From the date the National Information System for Managing Technical Safety Inspections officially begins operation, the Certification Organization shall be responsible for:

a) Reporting inspection results through electronic data to the National Information System for Managing Technical Safety Inspections within ten working days from the date of announcing the inspection record;

b) Printing the content of the certificate of inspection results on pre-printed certificates managed uniformly by the competent authority. Conduct quarterly inventory checks and report on the use of pre-printed certificates of inspection results according to the model prescribed in Appendix 18 attached to this Circular.

10. Send inspectors to attend regular training courses on technical safety inspection business.

11. Submit to the competent authority the Certificate of Qualification for Technical Safety Inspection Activities and revoked Inspector Certificates.

12. Shall not conduct inspections during suspension periods (within the scope of suspended inspection objects) or when the Certificate of Qualification for Technical Safety Inspection Activities has been revoked; shall not allow inspectors to participate in inspections during the period their Inspector Certificates have been revoked.

Article 17. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Coordinate with relevant agencies to disseminate and guide users of inspected objects and inspection organizations operating within their jurisdiction to implement this Circular.

2. Receive declaration documents regarding the use of inspected objects by enterprises, agencies, organizations, cooperatives, households, and individuals under its jurisdiction. Issue a confirmation of declaration according to the model prescribed in Appendix 19 attached to this Circular to the declarant within seven days from the date of receiving complete usage declaration forms and copies of the Certificate of Inspection Results of the equipment.

3. Conduct supervision and inspection of service provision activities related to certification and the operations of Certification Organizations (including branches and affiliated units of Certification Organizations) located within its jurisdiction according to regulations.

4. Implement administrative penalties according to Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers abroad under contracts, or propose the competent authority to suspend or revoke the Certificate of Qualification for Technical Safety Inspection Activities and revoke Inspector Certificates for cases stipulated in Article 21 of Decree No. 45/2013/NĐ-CP, Article 9, and Article 14 of this Circular.

5. Inform the competent authority when imposing penalties, suspensions, or revocations of the Certificate of Qualification for Technical Safety Inspection Activities of Certification Organizations.

6. Summarize and report to the Ministry of Labor, Invalids and Social Affairs on the inspection of technical safety for machines, equipment, and materials with strict requirements within its jurisdiction upon request.

Article 18. Responsibilities of the Lead Agency

1. The Department of Occupational Safety and Health under the Ministry of Labor, Invalids and Social Affairs is the Lead Agency responsible for assisting the Minister of Labor, Invalids and Social Affairs in uniformly managing technical safety inspection activities for machinery, equipment, and materials with strict safety requirements under the management responsibility of the Ministry of Labor, Invalids and Social Affairs.

2. Receiving, processing applications, issuing, reissuing, amending, and supplementing Certificates of Eligibility for Technical Safety Inspection Activities; issuing, reissuing Inspector Certificates.

3. Building, uniformly managing, and guiding the use of the National Database Management System for Technical Safety Inspection Activities. Guiding and providing data to local Departments of Labor, Invalids and Social Affairs for managing technical safety inspection activities.

4. Implementing management (including printing and issuing) of blank Certificates of Technical Safety Inspection Results from the date the National Database Management System for Technical Safety Inspection Activities becomes operational.

5. Conducting regular, periodic, and spot inspections of technical safety inspection activities of Inspection Organizations.

6. Applying suspension and revocation of Certificates of Eligibility for Technical Safety Inspection Activities, revocation of Inspector Certificates in cases stipulated in Article 21 of Decree No. 45/2013/NĐ-CP and Articles 9 and 14 of this Circular.

7. Approving training programs, curricula, and plans for inspector training. Guiding, managing, and organizing the implementation of inspector training.

8. Establishing and publicly announcing on the Department of Occupational Safety and Health's website (http://antoanlaodong.gov.vn) lists of organizations granted Certificates of Eligibility for Technical Safety Inspection Activities; names of Inspection Organizations suspended, deprived of usage rights, or having their Certificates of Eligibility for Technical Safety Inspection Activities revoked.

9. Annually reporting to the Ministry of Labor, Invalids and Social Affairs on the situation of technical safety inspections nationwide.

Article 19. Transitional Provisions

1. For Inspection Organizations established and operating according to current laws before the effective date of this Circular, they shall continue to operate until October 31, 2014, but must comply strictly with the responsibilities of Inspection Organizations as stipulated in Article 16 of this Circular.

2. After October 31, 2014, Inspection Organizations mentioned in Clause 1 of Article 19 of this Circular, if they do not have a Certificate of Eligibility for Technical Safety Inspection Activities, must cease conducting technical safety inspections for machinery, equipment, and materials with strict safety requirements under the management responsibility of the Ministry of Labor, Invalids and Social Affairs.

Article 20. Effective Date

1. This Circular takes effect from May 1, 2014.

2. Circular No. 37/2010/TT-BLDTBXH dated December 22, 2010, guiding conditions and procedures for registering and designating organizations to conduct technical safety inspection services for machinery, equipment, and materials with strict safety requirements ceases to be effective from the date this Circular takes effect.

3. During the implementation of this Circular, if there are any difficulties, individuals and organizations are requested to report to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.