Circular No. 08/2017/TT-BQP stipulates technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety within the Ministry of National Defense.

CIRCULAR

REGULATIONS ON TECHNICAL SAFETY TESTING ACTIVITIES FOR MACHINERY, EQUIPMENT, AND MATERIALS WITH STRICT REQUIREMENTS FOR LABOR SAFETY IN THE MINISTRY OF NATIONAL DEFENSE

THERE ARE STRICT REQUIREMENTS FOR LABOR SAFETY IN THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government promulgating regulations on functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety Law regarding technical safety testing activities, labor safety training, and workplace environmental monitoring;

At the proposal of the Director of the General Department of Technology,

The Minister of National Defense issues this Circular regulating technical safety testing activities for machinery, equipment, and materials with strict requirements for labor safety in the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates technical safety testing activities; conditions and standards for issuing certificates of eligibility for technical safety testing activities, technical safety testers, and responsibilities of agencies and units.

Article 2. Applicability

This Circular applies to the Military Technical Safety Testing Center; technical safety testers, and agencies, units, organizations, and individuals related thereto.

Article 3. Explanation of Terms

1. A technical safety tester is a person who has been authorized by a competent authority to issue a technical safety tester certificate (hereinafter referred to as the technical safety tester certificate); directly performing or directing and supervising technicians in conducting technical safety testing activities for machinery, equipment, and materials with strict requirements for labor safety.

2. The objects of testing are machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of National Defense as specified in Appendix II attached hereto.

3. Technical safety testing activity (hereinafter referred to as testing) is an activity carried out according to the technical safety testing procedure, aimed at evaluating and confirming the compliance of the technical safety status of the tested object as defined in relevant technical standards or specifications applicable to the tested object.

4. A technical safety testing unit (hereinafter referred to as the testing unit) is a unit that meets all conditions prescribed by the State and the Ministry of National Defense for technical safety testing activities for machinery, equipment, and materials with strict requirements for labor safety.

Chapter II

TECHNICAL SAFETY TESTING ACTIVITIES

Article 4. Cases requiring technical safety testing activities

1. For the first time before putting the tested object into use.

2. Periodically when the tested object reaches its retesting deadline.

3. After reinstalling the tested object or making renovations or repairs that alter its structure or technical parameters.

4. Upon request from the user unit or upon request from the Military Labor Safety Protection Agency.

Article 5. Classification of implementation of technical safety testing activities

1. The Military Technical Safety Testing Center under the General Department of Technology or a technical safety testing organization certified by a competent authority to have the necessary conditions for technical safety testing activities as stipulated in Clause 1, Article 13 of this Circular; or authorized in writing by the Military Labor Safety Protection Agency to conduct technical safety testing activities for tested objects as specified in Appendix II attached hereto.

2. Measurement Quality Facilities, Pressure Cylinder Testing Stations under the technical sector of agencies and units directly subordinate to the Ministry of National Defense shall conduct technical safety testing activities for some tested objects under the management responsibility of the Ministry of National Defense if they meet the conditions stipulated in Article 11 of this Circular; or authorized in writing by the Military Labor Safety Protection Agency.

Article 6. Procedure for conducting technical safety inspections

1. Agencies and units under the Ministry of National Defense shall submit written reports on the need for technical safety inspections as specified in Article 4 of this Circular to the Military Labor Safety and Health Agency before November 15 each year.

2. Within thirty working days from the date of receiving complete written reports on inspection needs from agencies and units, the Military Labor Safety and Health Agency shall compile and develop a technical safety inspection plan for the Ministry of National Defense and report it to the Chief of the General Department of Technology for approval.

3. Within four working days from the date of receiving requests for inspection, the inspection unit shall be responsible for coordinating with the agency or unit using the inspected object to conduct the inspection.

4. When the inspection meets the requirements, the inspection unit:

a) Drafts the inspection record;

b) Summarizes the inspection results in the equipment's history;

c) Stamps the inspection seal or marks the inspection information on the inspected object;

d) Issues a Certificate of Inspection Results.

5. Suspension of inspection and cessation of operation for inspected objects:

a) Cease operation of the inspected object in cases where the validity period indicated on the Certificate of Inspection Results has expired; or after corrective measures have been taken but the inspected object still does not meet the requirements;

b) Suspend inspection when the inspected object lacks necessary technical safety factors or poses a risk of accidents.

Article 7. Certificate of Inspection Results for Technical Safety

1. The General Department of Technology shall uniformly print, issue, manage the blanks and Certificates of Inspection Results for technical safety for inspected objects under the management responsibility of the Ministry of National Defense. The Certificate of Inspection Results for technical safety shall be implemented according to Model 1 of Appendix III issued together with this Circular.

2. The direct inspection unit for technical safety shall be responsible for recording the certification results on the blank Certificate of Inspection Results, periodically every six months and annually, and shall conduct inventory and report on the use of the blank Certificate of Inspection Results according to Model 3 of Appendix III issued together with this Circular.

Article 8. Inspection Seal for Technical Safety

1. The inspection seal or marking stamped or embossed on the inspected object shall be issued and managed by the inspection unit and registered with the Military Labor Safety and Health Agency under the General Department of Technology; the inspection seal shall be implemented according to Model 2 of Appendix III issued together with this Circular.

2. The inspection seal shall be appropriate in size for the inspected object, ensuring that the parameters recorded on the seal can be easily recognized visually.

3. The inspection seal shall be affixed to the inspected object at a visible and readable location; the seal shall be made of material that does not easily fade or peel off.

4. Marking or embossing shall be applied to the inspected object when it is not possible to affix an inspection seal.

Article 9. Registration of Inspected Objects for Technical Safety

1. Inspected objects that meet the requirements after their first technical safety inspection:

a) Must register with the Military Labor Safety and Health Agency before being put into use;

b) The registration shall only be conducted once for each object.

2. Cases requiring re-registration:

a) Change in managing unit;

b) After renovation or repair that alters the structure or technical specifications of the registered inspected object.

Article 10. Responsibilities and registration files for technical safety equipment inspection objects

1. Responsibilities for registering technical safety equipment inspection objects

a) The Military Safety and Occupational Health Authority shall register and issue the Registration Certificate for technical safety equipment inspection objects under the management responsibility of the Ministry of National Defense. The Registration Certificate shall be implemented according to Model 6 of Appendix III issued together with this Circular;

b) The Technical Department or the occupational safety and health management authority of agencies and units directly under the Ministry of National Defense and units using the inspection objects must establish a registration and management book for the inspection objects within their management scope. The registration code of each unit shall be implemented according to the provisions of Appendix I issued together with this Circular; the registration and management book for occupational safety inspection objects shall be implemented according to Model 4 of Appendix III issued together with this Circular.

2. Registration files and procedures for technical safety equipment inspection objects

- Application form for registration of objects subject to inspection according to Model 5 of Appendix III attached hereto;

- Curriculum vitae of the object subject to inspection;

- Inspection result form.

b) Procedure:

- Within five working days from the date of receiving the Certificate of Inspection Results, the agency or unit using the inspection object or the authorized agency or unit must establish the registration file for the inspection object as stipulated in Point a Clause 2 of this Article and submit it directly or through military mail to the Military Safety and Occupational Health Authority;

- Within ten working days from the date of receiving complete valid files, the Military Safety and Occupational Health Authority shall review and enter the Registration Book according to the Model of Military Safety and Occupational Health Authority. The Military Safety and Occupational Health Authority must issue a written notice to the unit or individual using the inspection object to complete the file.

3. Suspension of registration

a) If the inspection object is damaged and cannot be repaired or there is no need to use it, the managing unit must report in writing to the Military Safety and Occupational Health Authority to stop the inspection and registration process;

b) Revocation of registration and issuance of a decision to notify the agency, unit, or individual using the inspection object.

Chapter III

CONDITIONS AND STANDARDS FOR ISSUING A CERTIFICATE OF ELIGIBILITY

FOR TECHNICAL SAFETY EQUIPMENT INSPECTION ACTIVITIES AND INSPECTORS

MEMBER

Article 11. Conditions for issuing a Certificate of Eligibility for technical safety equipment inspection activities

2. Personnel working at units and organizations eligible for technical safety equipment inspection activities in the Military must have clear backgrounds, good health, excellent moral character, firm political resolve, and be ready to accept any tasks assigned by the organization.

3. Units from battalion level and equivalent or higher shall determine the working period for inspectors.

Article 12. Files, procedures for issuing, renewing, and reissuing Certificates of Eligibility for technical safety equipment inspection activities

2. Models of files shall be implemented according to the provisions of Appendix III issued together with this Circular.

3. Procedures and processes for issuing, renewing, and reissuing Certificates of Eligibility for technical safety equipment inspection activities are as follows:

a) Units and organizations requiring issuance, renewal, or reissuance of Certificates of Eligibility shall submit one set of files as stipulated in Clause 1 of this Article; submit directly or through military mail to the General Department of Technology and pay the prescribed fee according to the Ministry of Finance regulations.

For renewal cases, at least thirty days before the expiration date stated in the Certificate, the unit or organization shall submit the file to the General Department of Technology.

b) Within thirty days from the date of receiving complete files, the General Department of Technology shall be responsible for reviewing and issuing, renewing, or reissuing Certificates of Eligibility for technical safety equipment inspection activities; if not issuing, renewing, or reissuing, then a valid written notice must be issued stating the reasons.

Article 13. Competence, time limit, procedures for issuing, renewing, reissuing, and revoking the Certificate of Eligibility for Technical Safety Inspection Activities

1. The Director of the General Department of Technology shall issue, renew, reissue, and revoke the Certificate of Eligibility for Technical Safety Inspection Activities for machinery, equipment, and materials with strict requirements for labor safety when all conditions stipulated in Clause 1, Article 11 of this Circular are met.

2. The format of the Certificate of Eligibility for Technical Safety Inspection Activities shall be implemented according to Model 13 of Appendix III promulgated together with this Circular.

3. Validity period of the Certificate of Eligibility for Technical Safety Inspection Activities

a) Five years for newly issued or renewed certificates.

b) In cases of reissuance, it is the remaining time of the previously issued certificate.

Article 14. Revocation of the Certificate of Eligibility for Technical Safety Inspection Activities

2. Organizations, agencies, units that violate any of the cases specified in Clause 1 of this Article, the Director of the General Department of Technology shall issue a decision to revoke.

Article 15. Inspector Standards

2. Inspectors in the Military must have a clear background, good health to work in military environments, good moral character, firm political resolve, and be ready to accept any assigned tasks.

3. Units from battalion level and equivalent or higher shall determine the working period for inspectors.

Article 16. Procedures, formalities, issuance, reissuance, and validity period of inspector certificates

3. Procedures and formalities for issuance and reissuance of inspector certificates: Individuals who need to apply for or reissue inspector certificates must submit one set of application files as stipulated in Clause 2 of this Article directly or through military postal service to the General Department of Technology. Within five working days from the date of receipt of the application files, the General Department of Technology shall be responsible for checking their legality and issuing inspector certificates; if the application files are not valid, the General Department of Technology shall notify in writing within three working days and state the reasons.

4. The format of the inspector certificate shall be implemented according to Model 16 of Appendix III promulgated together with this Circular.

5. The validity period of the inspector certificate is five years.

Article 17. Management and use of inspector certificates

1. Management and use of inspector certificates shall be carried out in accordance with the provisions of Article 14 of Decree No. 44/2016/NĐ-CP.

2. Inspectors who violate any of the cases stipulated in Clause 2 of Article 14 of Decree No. 44/2016/NĐ-CP, the Director of the General Department of Technology shall issue a decision to revoke.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND UNITS

Article 18. Responsibilities of the General Department of Technology

1. Assist the Minister of National Defense in uniformly managing state administration over technical safety inspection activities and registering management of technical safety inspection objects under the jurisdiction of the Ministry of National Defense.

2. Receive and process application files; issue new and reissue Certificates of Eligibility for Technical Safety Inspection Activities; issue new and reissue Inspector Certificates; print, distribute, manage blank forms of Technical Safety Inspection Result Certificates within the Ministry of National Defense.

3. Register and issue registration certificates for inspection objects; build, uniformly manage, and guide the use of the database system for managing technical safety inspection activities; distribute and manage registration certificates for inspection objects within the Ministry of National Defense.

4. Conduct regular and spot inspections on technical safety inspection activities, management, and use of inspection objects within the Ministry of National Defense in accordance with national and Ministry of National Defense technical safety regulations and standards.

5. Suspend and revoke Certificates of Eligibility for Technical Safety Inspection Activities, revoke inspector certificates in accordance with the provisions of Articles 14 and 17 of this Circular.

6. Take the lead in coordinating with relevant state agencies, the Ministry of National Defense, and technical sectors to develop and promulgate technical safety inspection procedures for inspection objects; build programs, textbooks, plans, organize training and upgrading of technical safety inspection skills for inspection units under the jurisdiction of the Ministry of National Defense.

7. Annually report the situation of technical safety inspections within the Ministry of National Defense; report to the Head of the Ministry of National Defense in accordance with regulations.

Article 19. Responsibilities of the General Department of National Defense Industry

1. Assist the Minister of National Defense in uniformly managing state activities related to technical safety inspection and registration for the management and use of industrial explosives within the Ministry of National Defense.

2. Inspect and supervise the implementation of technical safety inspections, management, and use of industrial explosives within the Ministry of National Defense according to national and Ministry of National Defense technical safety regulations, standards, and norms.

3. Annually report in writing on the situation of technical safety inspections and issuance of permits for the use of industrial explosives within the Ministry of National Defense; report to the Head of the Ministry of National Defense (through the General Department of Engineering).

Article 20. Responsibilities of the Technical Service or Safety and Labor Protection Management Agency of subordinate agencies and units under the Ministry of National Defense

1. Assist the Heads of subordinate agencies and units under the Ministry of National Defense in uniformly managing activities related to technical safety inspections of objects subject to such inspections within their jurisdiction. Coordinate with relevant departments of the General Department of Engineering and other related agencies to disseminate and guide using entities to implement this Circular.

2. Receive declaration forms and requests for registration and inspection from agencies and units using objects subject to inspection; compile and submit declaration forms for inspected objects to the General Department of Engineering. The declaration form shall be completed in accordance with Model 5 of Appendix III issued together with this Circular.

3. Maintain records of registration for inspected objects within their jurisdiction.

4. Direct, inspect, and guide agencies and units managing, operating, and using inspected objects to comply strictly with national and Ministry of National Defense labor safety standards and regulations.

5. Annually, according to the plan, develop inspection requirements in the Technical Work Plan or Production and Business Plan, report and propose to the direct superior agency of the inspection entity as stipulated in Clause 1, Article 5 of this Circular. Proactively coordinate and cooperate with the inspection unit and using units to conduct technical safety inspections of inspected objects according to the plan; assign technical staff to witness and monitor the inspection process of objects within their jurisdiction. Report quarterly and annually on the inspection situation of inspected objects within their jurisdiction to the Ministry of National Defense (through the General Department of Engineering), report in accordance with Model 19 of Appendix III issued together with this Circular.

6. Direct and guide using units to prepare and ensure conditions for inspections; address any unsafe situations during the inspection process.

7. Funding for conducting technical safety inspections and registering inspected objects

a) For budgetary units, funded from the regular defense budget;

b) For accounting units, included in product cost or unit capital fund.

Article 21. Responsibilities of Inspection Units

1. Conduct inspections within the scope and objects specified in the Certificate of Eligibility for Technical Safety Inspection Activities. Must carry out inspections in accordance with the technical safety inspection procedures issued by the Ministry of National Defense. In cases where certain objects do not have inspection procedures issued by the Ministry of National Defense, the inspection unit bases its inspections on technical procedures, standards, and international inspection procedures recognized by Vietnam, issued by relevant ministries overseeing industries and sectors.

2. Implement the contents stipulated in Clauses 3, 4, and 5 of Article 6 of this Circular; may not refuse inspections without justifiable reasons. In case of inability to meet inspection requirements, must notify the using entity in writing (specifying reasons and solutions) and promptly report to the Military Safety and Labor Protection Agency for handling.

3. Utilize inspectors from their own unit and from other cooperating units through written agreements to conduct inspections. Assign inspectors to attend regular training sessions on technical safety inspection procedures.

4. Conduct initial inspections for imported objects subject to inspection after completing customs procedures; for domestically produced objects subject to inspection after obtaining conformity certification and registration.

5. Affix inspection labels on inspected objects that meet the requirements as stipulated in Article 8 of this Circular.

6. Issue Certificates of Technical Safety Inspection Results to agencies and units using inspected objects that meet requirements, within five working days from the date of announcing the inspection report. Do not issue certificates when inspected objects do not meet requirements, notify the using entity and higher management authority in writing of the inspection results.

7. Report quarterly (before the fifth day of the first month of the next quarter), semi-annually (before July 5), and annually (before January 10 of the following year) on the situation of technical safety inspections to the General Department of Engineering (through the Military Safety and Labor Protection Agency). Reports shall be made in accordance with Models 12 and 19 of Appendix III issued together with this Circular.

8. Report to the General Department of Engineering (within fifteen days from the date of change) any changes affecting the activities recorded on the Certificate of Eligibility for Technical Safety Inspection Activities (through the Military Safety and Labor Protection Agency).

Article 22. Responsibilities of agencies and units using inspected objects

2. Store the history records and all minutes, Certificates of Inspection Results of the inspected objects. In cases of transfer, sale, or sublease of inspected objects, the user unit must hand over all these documents along with the inspected objects.

3. Create favorable conditions for the inspection unit to carry out inspections, prepare all relevant technical documents related to the inspected objects to provide to inspectors and appoint representatives to witness the inspection process.

4. Implement recommendations from the inspection unit regarding ensuring safety during the use of inspected objects; shall not continue to use inspected objects if the inspection results do not meet requirements or have exceeded the inspection period.

5. After installation, before initial use, when transferring inspected objects from one unit to another for use, or after repair and modification that changes the structure or technical parameters, the user unit must submit a usage declaration form and a copy of the Certificate of Inspection Results, Registration Certificate to the Military Labor Safety and Protection Agency to complete registration and obtain a new Registration Certificate. The declaration form is implemented according to Model 17 Appendix III attached to this Circular.

6. Annually, develop plans for inspecting inspected objects; report the inspection situation to the superior management agency. Immediately report to the Military Labor Safety and Protection Agency about the refusal of the inspection unit to conduct inspections without valid reasons.

7. Manage and use inspected objects in compliance with national technical standards, national standards, and regulations of the Ministry of National Defense on labor safety.

Chapter V

IMPLEMENTING PROVISIONS

Certificates of Qualification for Technical Safety Labor Inspection Activities and Inspector Certificates issued in accordance with Circular No. 142/2014/TT-BQP dated October 22, 2014, prior to the effectiveness of this Circular remain valid within the period stated on the Certificate and Certificate and shall be renewed in accordance with this Circular.

Article 24. Effective Date

This Circular takes effect from February 22, 2017, and replaces Circular No. 142/2014/TT-BQP dated October 22, 2014, of the Ministry of National Defense on technical safety inspection work for machinery, equipment, and materials with strict requirements for labor safety in the Ministry of National Defense.

Article 25. Responsibilities for Implementation

The Director of the General Department of Technology, Heads of agencies and units, and related agencies are responsible for implementing this Circular./.