Circular No. 09/2017/TT-BCT on technical safety inspection activities under the management authority of the Ministry of Industry and Trade

CIRCULAR

Regulations on technical safety inspection activities
under the management authority of the Ministry of Industry and Trade

Pursuant to the Labor Safety Law dated June 25, 2015;

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 inspection activities, occupational safety training, and labor environment monitoring;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Industrial Technical Safety and Environmental Protection Department,

The Minister of Industry and Trade issues this Circular regulating technical safety inspection activities for machinery, equipment, and materials under the management authority of the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates technical safety inspection activities for machinery, equipment, and materials listed in the Catalogue of Machinery, Equipment, and Materials with Strict Requirements for Labor Safety issued by the Ministry of Labor, Invalids and Social Affairs, which fall under the management authority of the Ministry of Industry and Trade as stipulated in Appendix Ib of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety Law regarding technical safety inspection activities, occupational safety training, and labor environment monitoring (Decree 44/2016/NĐ-CP).

Article 2. Applicability

1. Organizations and individuals related to technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety under the management authority of the Ministry of Industry and Trade.

2. Organizations and individuals related to the management, ownership, and use of machinery, equipment, and materials with strict requirements for labor safety under the management authority of the Ministry of Industry and Trade.

Article 3. Classification of Inspection Objects

The inspection objects are machinery, equipment, and materials with strict requirements for labor safety under the management authority of the Ministry of Industry and Trade, including:

1. Group A inspection objects (Group A) are power plant boilers.

3. Group C inspection objects (Group C) are systems for processing, loading, supplying, containers, tanks, reservoirs for oil and gas products, liquefied petroleum gas (LPG), liquefied natural gas (LNG), compressed natural gas (CNG), fixed metal pipelines and technology pipelines in onshore oil and gas facilities.

4. Group D inspection objects (Group D) are LPG cylinders.

6. Group G inspection objects (Group G) are hoists, mine load shafts.

8. Group I inspection objects (Group I) are electric blasting machines (excluding explosion-proof electric blasting machines).

Chapter II

REGULATIONS ON INSPECTION ACTIVITIES

Article 4. Equipment and Tools for Inspection

1. Equipment and tools for inspection must have technical specifications suitable for the inspection objects and be calibrated, tested, and verified according to the provisions of the law.

2. Minimum requirements for equipment and tools necessary for inspection activities for each specific group of inspection objects are as follows:

- Hydraulic test pumps;

- Pressure gauges for various types of tests;

- Metal thickness measuring devices;

- Weld quality testing devices;

- Magnetic particle, eddy current, and penetrant testing devices for detecting metal defects;

- Endoscopic defect detection devices;

- Geometric dimension checking tools and equipment;

- Surface defect measurement tools for metals;

- Safety valve testing devices;

- Temperature measuring devices.

- LPG recovery equipment from cylinders;

- Metal thickness measuring devices;

- Weld quality testing devices;

- Surface defect measurement tools for metals;

- Cylinder valve installation and removal equipment; Pressure testing equipment;

- Cylinder drying equipment;

- Internal cylinder inspection equipment;

- Surface cleaning equipment;

- Cylinder valve testing equipment;

- Scales;

- Marking and labeling equipment for inspections;

- Vacuum testing equipment;

- Volume expansion testing equipment.

- Systems for pressure testing valves, supports, and pipelines;

- Support pressure maintenance equipment during testing;

- Beam and frame testing equipment;

- Weld quality testing devices;

- Various types of pressure gauges.

- Force gauges;

- Geometric dimension measuring equipment and tools;

- Speed measuring devices;

- Rail gauge measuring tools;

- Surveying instruments;

- Steel cable defect testing devices;

- Devices for testing shaft misalignment and eccentricity;

- Cable tensile strength testing devices using destructive methods;

- Weld quality testing devices;

- Magnetic particle, eddy current, and penetrant testing devices for detecting metal defects;

- Braking time measuring devices;

- Insulation resistance and grounding resistance measuring devices;

- Voltmeters, ammeters;

- Various types of pressure gauges.

- Explosion and fire propagation pressure testing equipment;

- Water pressure testing equipment;

- Safe spark circuit testing equipment;

- Testing environment creation equipment;

- Thermal shock testing equipment;

- Impact testing equipment;

- Cable pulling testing equipment in cable connectors;

- Torque testing equipment for cable bolts;

- Insulation resistance measuring devices; Multimeters.

- Geometric dimension measuring equipment and tools;

- Data recording electronic devices (Oscilloscopes).

f) For Group I

- Insulation resistance measuring devices;

- Multimeters;

- Data recording electronic devices (Oscilloscopes);

- Stopwatches.

The main list of technical documents as stipulated at point c, Clause 1, Article 4 of Decree 44/2016/NĐ-CP for each specific group of inspection objects is as follows:

1. For Group A and B

a) Boilers

- QCVN: 01-2008/BLĐTBXH, National Technical Regulation on Labor Safety for Boilers and Pressure Vessels;

- TCVN 7704:2007, Boiler - Technical Requirements for Design, Structure, Manufacturing, Installation, Operation, and Maintenance;

- TCVN 6413:1998, Fixed Tube-Boiler with Fire-Tube Construction Welded (excluding water-tube boilers);

- TCVN 5346-91, Boiler and Hot Water Safety Technology - General Requirements for Durability Calculation;

- TCVN 6008:2010, Pressure Equipment - Welding - Technical Requirements and Testing Methods;

- TCVN 9385:2012, Lightning Protection for Building Structures - Design, Inspection, and Maintenance System Guidance;

- TCVN 9358:2012, Installation of Grounding Systems for Industrial Facilities - General Requirements;

- Detailed inspection procedures suitable for each type of boiler issued by the Inspection Organization under the Ministry of Industry and Trade's management authority that do not conflict with the boiler inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

b) Pressure Vessels

- QCVN: 01-2008/BLĐTBXH, National Technical Regulation on Labor Safety for Boilers and Pressure Vessels;

- TCVN 8366:2010, Pressure Vessel - Design and Manufacturing Requirements;

- TCVN 6155:1996, Pressure Vessel - Safety Technical Requirements for Installation, Operation, and Maintenance;

- TCVN 6156:1996, Pressure Vessel - Safety Technical Requirements for Installation, Operation, and Maintenance - Testing Methods;

- TCVN 6008:2010, Pressure Equipment - Welding - Technical Requirements and Testing Methods;

- Detailed inspection procedures suitable for each type of pressure vessel issued by the Inspection Organization that do not conflict with the pressure vessel inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

c) Steam and Hot Water Piping Systems

- QCVN 04:2014/BCT, National Technical Regulation on Safety for Steam and Hot Water Piping Systems in Power Plants;

- TCVN 6008:2010, Pressure Equipment - Welding - Technical Requirements and Testing Methods;

- TCVN 6158:1996, Steam and Hot Water Piping - Technical Requirements;

- TCVN 6159:1996, Steam and Hot Water Piping - Testing Methods;

- Detailed inspection procedures suitable for each type of steam and hot water piping system issued by the Inspection Organization that do not conflict with the steam and hot water piping inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

2. For Group C

a) LPG Refilling Systems, LPG Refueling Stations

- QCVN 04:2013/BCT, National Technical Regulation on Safety for Steel Containers for Liquefied Petroleum Gas (LPG);

- TCVN 6486:2008, Liquefied Petroleum Gas (LPG) - Storage Under Pressure - Design and Installation Location Requirements;

- TCVN 7762:2007, Gas Container - Reusable Steel Welded Containers for LPG - Pre-, During, and Post-Filling Inspection Procedures;

- TCVN 7763:2007, Gas Container - Transportable Reusable Steel Welded Containers for LPG - Design and Structure;

- TCVN 7832:2007, Gas Container - Periodic Inspection and Testing for Reusable Steel Welded Containers for LPG;

- Detailed inspection procedures suitable for each LPG Refilling System and LPG Refueling Station issued by the Inspection Organization that do not conflict with the LPG Refilling System and LPG Refueling Station inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

b) LPG Supply Systems, LPG Supply Stations

- QCVN 10:2012/BCT, National Technical Regulation on Safety for LPG Supply Stations;

- QCVN 04:2013/BCT, National Technical Regulation on Safety for Steel Containers for Liquefied Petroleum Gas (LPG);

- TCVN 6486:2008, Liquefied Petroleum Gas (LPG) - Storage Under Pressure - Design and Installation Location Requirements;

- TCVN 7762:2007, Gas Container - Reusable Steel Welded Containers for LPG - Pre-, During, and Post-Filling Inspection Procedures;

- TCVN 7763:2007, Gas Container - Transportable Reusable Steel Welded Containers for LPG - Design and Structure;

- TCVN 7832:2007, Gas Container - Periodic Inspection and Testing for Reusable Steel Welded Containers for LPG;

- TCVN 7441:2004, LPG Supply System at Consumption Sites - Design, Installation, and Operation Requirements;

- Detailed inspection procedures suitable for each LPG Supply System and LPG Supply Station issued by the Inspection Organization that do not conflict with the LPG Supply System and LPG Supply Station inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

c) Fixed Metal Gas Pipeline

- QCVN 01:2016/BCT, National Technical Regulation on Safety for Fixed Metal Gas Pipelines;

- TCVN 6008:2010, Pressure Equipment - Welding - Technical Requirements and Testing Methods;

- Detailed inspection procedures suitable for each type of fixed metal gas pipeline issued by the Inspection Organization that do not conflict with the fixed metal gas pipeline inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

3. For Group D

- QCVN 04:2013/BCT, National Technical Regulation on Safety for Steel Containers for Liquefied Petroleum Gas (LPG);

- TCVN 7762:2007, Gas Container - Reusable Steel Welded Containers for LPG - Pre-, During, and Post-Filling Inspection Procedures;

- TCVN 7763:2007, Gas Container - Transportable Reusable Steel Welded Containers for LPG - Design and Structure;

- TCVN 7832:2007, Gas Container - Periodic Inspection and Testing for Reusable Steel Welded Containers for LPG;

- TCVN 6294:2007, Gas Container - Periodic Inspection and Testing for Carbon Steel Welded Containers;

- Detailed inspection procedures suitable for each type of LPG container issued by the Inspection Organization that do not conflict with the LPG container inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

4. For Group E

- QCVN 01:2011/BCT, National Technical Regulation on Safety in Underground Coal Mining;

- Detailed inspection procedures suitable for each type of hydraulic single prop, mobile frame, and self-propelled support used in underground coal mining issued by the Inspection Organization that do not conflict with the hydraulic single prop, mobile frame, and self-propelled support inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

5. For Group G

- QCVN 01:2011/BCT, National Technical Regulation on Safety in Underground Coal Mining;

- QCVN 02:2016/BCT, National Technical Regulation on Safety for Mine Hoists;

- TCVN 4244:2005, Lifting Equipment - Design, Manufacturing, and Technical Inspection;

- TCVN 6780-1:2009, Safety Requirements in Underground Mining - Part 1: General Requirements and Mining Operations;

- TCVN 6780-2:2009, Safety Requirements in Underground Mining - Part 2: Mining Transportation Operations;

- Detailed inspection procedures suitable for each type of mine hoist and load shaft issued by the Inspection Organization that do not conflict with the mine hoist and load shaft inspection procedures issued by the Ministry of Industry and Trade and corresponding National Technical Regulations.

6. For Group H

a) Used in Flammable and Explosive Gas Environments

- TCVN 10888-0:2015 (IEC60079-0:2011), Atmosphere Explosive - Part 0: Equipment - General Requirements;

- TCVN 10888-1:2015 (IEC60079-l:2014), Atmosphere Explosive - Part 1: Equipment Protection by Non-Incendive Enclosures "d";

- Detailed inspection procedures compatible with each type of explosion-proof electrical equipment issued by the Inspection Organization shall not contravene the inspection procedures for explosion-proof electrical equipment issued by the Ministry of Industry and Trade and corresponding National Technical Regulations;

b) For use in underground coal mining;

- QCVN 01:2011/BCT, National Technical Regulation on Safety in Underground Coal Mining;

- TCVN 7079-0:2002, Electrical Equipment for Underground Mines - Part 0: General Requirements;

- TCVN 7079-1:2002, Electrical Equipment for Underground Mines - Part 1: Non-Incendive Enclosures - Type of Protection "d";

- TCVN 7079-2:2002 (IEC 60079-2:2007), Electrical Equipment for Underground Mines - Part 2: Pressurized Enclosures - Type of Protection "p";

- TCVN 7079-5:2002 (IEC 60079-5:2007), Electrical Equipment for Underground Mines - Part 5: Sand-Filled Equipment - Type of Protection "q";

- TCVN 7079-6:2002 (IEC 60079-6:2007), Electrical Equipment for Underground Mines - Part 6: Oil-Filled Equipment - Type of Protection "o";

- TCVN 7079-7:2002 (IEC 60079-7:2007), Electrical Equipment for Underground Mines - Part 7: Enhanced Safety - Type of Protection "e";

- TCVN 7079-11:2002 (IEC 60079-11:2007), Electrical Equipment for Underground Mines - Part 11: Sparkproof - Type of Protection "i";

- TCVN 7079-17:2003 (IEC 60079-17:2007), Electrical Equipment for Underground Mines - Part 17: Inspection and Maintenance of Equipment;

- TCVN 7079-18:2003 (IEC 60079-18:2004), Electrical Equipment for Underground Mines - Part 18: Filling with Covering Material - Type of Protection "m";

- TCVN 7079-19:2003, Electrical Equipment for Underground Mines - Part 19: Repair and Overhaul of Equipment;

- Detailed inspection procedures compatible with each type of explosion-proof electrical equipment issued by the Inspection Organization shall not contravene the inspection procedures for explosion-proof electrical equipment issued by the Ministry of Industry and Trade and corresponding National Technical Regulations;

7. For Group I;

- QCVN 01:2015/BCT, National Technical Regulation on Electric Blasting Machines;

- Detailed inspection procedures compatible with each type of electric blasting machine issued by the Inspection Organization shall not contravene the inspection procedures for electric blasting machines issued by the Ministry of Industry and Trade and corresponding National Technical Regulations;

The technical qualification requirements for the Technical Responsible Person for Inspection Activities as stipulated in Point d Clause 1 Article 4 of Decree 44/2016/NĐ-CP are specified as follows for each specific group of inspected objects:

1. For Group A;

Graduated from a university majoring in thermal engineering, mechanical engineering, electromechanical engineering, or equivalent, with at least three years of experience in inspecting boiler equipment in power plants;

2. For Groups B and C;

Graduated from a university majoring in thermal engineering, mechanical engineering, electromechanical engineering, or equivalent, with at least three years of experience in inspecting equipment in Groups B and C;

3. For Group D

Graduated from a university majoring in thermal engineering, mechanical engineering, electromechanical engineering, or equivalent, with at least three years of experience in inspecting equipment in Group D;

4. For Group E

Graduated from a university majoring in mechanical engineering, electromechanical engineering, or equivalent, with at least three years of experience in inspecting equipment in Group E;

5. For Group G

Graduated from a university majoring in mechanical engineering, electromechanical engineering, construction machinery, automation, or equivalent, with at least three years of experience in inspecting equipment in Group G;

6. For Group H

Graduated from a university majoring in electrical engineering, automation, mechanical engineering, electromechanical engineering, or equivalent, with at least three years of experience in inspecting equipment in Group H;

7. For Group I;

Graduated from a university majoring in electrical engineering, automation, electromechanical engineering, or equivalent, with at least three years of experience in inspecting equipment in Group I.

Inspectors must meet the standards prescribed in Article 9 of Decree 44/2016/NĐ-CP. The experience and specialty of inspectors for each specific inspection group are as follows:

1. For Group A;

Graduated from a university majoring in thermal engineering, mechanical engineering, electromechanical engineering or equivalent with at least two years of experience in boiler inspection, design, manufacture, installation, repair, operation, and maintenance in power plants.

2. For Group B and C

Graduated from a university majoring in thermal engineering, mechanical engineering, electromechanical engineering or equivalent with at least two years of experience in inspection, design, manufacture, installation, repair, operation, and maintenance of equipment in Groups B and C.

3. For Group D

Graduated from a university majoring in thermal engineering, mechanical engineering, electromechanical engineering or equivalent with at least two years of experience in inspection, design, and manufacture of equipment in Group D.

4. For Group E

Graduated from a university majoring in mechanical engineering, electromechanical engineering or equivalent with at least two years of experience in inspection, design, manufacture, installation, repair, operation, and maintenance of equipment in Group E.

5. For Group G

Graduated from a university majoring in mechanical engineering, electromechanical engineering, construction machinery, automation or equivalent with at least two years of experience in inspection, design, manufacture, installation, repair, operation, and maintenance of equipment in Group G.

6. For Group H

Graduated from a university majoring in electrical engineering, automation, mechanical engineering, electromechanical engineering or equivalent with at least two years of experience in inspection, design, manufacture, installation, repair, operation, and maintenance of equipment in Group H.

7. For Group I;

Graduated from a university majoring in electrical engineering, automation, electromechanical engineering or equivalent with at least two years of experience in inspection, design, and manufacture of equipment in Group I.

Inspection organizations must have at least two inspectors for each type of inspection object.

Article 9. Documents and Procedures for Issuing the Certificate of Eligibility for Technical Safety Inspection Activities and Inspector Certification 1. Organizations and individuals requiring issuance, extension, reissuance of the Certificate of Eligibility for Technical Safety Inspection Activities (Certificate of Eligibility) and Inspector Certification (Certification) shall prepare one set of documents in accordance with regulations and send them via postal service, submit directly to the headquarters, or through the electronic portal of the Ministry of Industry and Trade in the form of online public services.

4. Equipment, materials, and personnel mentioned in Articles 4, 5, 6, 7, and 8 of this Circular can only be used as conditions for issuing the Certificate of Eligibility for one Inspection Organization.

Chapter III

Article 10. Forms of Training, Enrichment, and Qualification Testing

2. Retraining and requalification testing apply to inspectors whose certificates have expired or whose certificates have been revoked.

3. Enrichment applies to inspectors who have been issued a certificate within thirty months from the date of issuance of the certificate.

3. Training allowance shall be applied to inspectors who have been issued a certificate for more than thirty months from the date of issuance of the certificate.

1. Training Content

a) General theory

- System of regulatory legal documents related to occupational safety and health work and inspection activities;

- Overview of the National Technical Regulations system on safety and national standards relevant to inspection activities;

- Overview of inspection procedures;

- Overview of machines and equipment with strict requirements for labor safety, tools and equipment serving inspection work;

- Risk assessment methods and safety measures related to inspection activities.

b) Specialized theory and practical inspection for equipment groups A, B, C, D, E, G, and I

- National Technical Regulations, national standards applicable;

- Classification, construction principles, basic characteristics;

- Requirements for measuring equipment and safety;

- Safety technical requirements in design, manufacture, installation, testing, use, maintenance, and repair of inspected objects;

- Specific hazardous factors of inspected objects and common accidents with inspected objects;

- Calculations related to safety evaluation during machine and equipment inspection;

- Weld quality assessment techniques;

- Non-destructive testing techniques;

- Inspection procedures and organization of inspection work for inspected objects;

- Guidance on using inspection tools and equipment;

- Practical training related to inspection skills and operations for specific objects (on-site or through software, simulation models).

c) Specialized theory and practical inspection for equipment group H

As stipulated in point b, Clause 1 of this Article and:

- Flammable gas and explosive dust environments: Characteristics, hazardous area classification;

- Inspection, maintenance, repair, major overhaul, and installation of electrical equipment in explosive atmospheres.

2. Content of upgrading

a) Updating regulations at National Technical Regulations, national standards, and new regulations related to the training content specified in point a, Clause 1 of this Article;

b) Guidance on using newly equipped inspection tools and equipment;

c) Inspection procedures and organization of inspection work for inspected objects.

3. Duration of training and upgrading

Based on the training and upgrading subjects, organize detailed content and duration of vocational inspection training and upgrading, but not less than six days for training, and not less than two days for upgrading.

Article 12. Organization of training and upgrading

a) Having sufficient equipment and tools suitable for the inspected objects as prescribed in Article 4 of this Circular;

c) Having lecturers with appropriate specialties as prescribed in Article 7 of this Circular and having at least five years of experience related to inspection activities.

2. Training and upgrading organizations are responsible for issuing Certificates of Completion of Vocational Inspection Training for Occupational Safety and Health to trainees and upgraders according to the model prescribed in Appendices 4 and 5 of this Circular.

1. The examination board implements vocational inspection officer examinations.

2. The examination board shall have at least five members and shall be responsible for the following:

a) Developing examination questions and answers on a scale of 100 points;

b) Organizing theoretical and practical examinations; Scoring and evaluating examination results;

c) Summarizing examination results.

3. Examination content

Examination content shall be consistent with the inspected objects as prescribed in Clause 1, Article 11 of this Circular.

4. Examination format

a) Theoretical examination conducted in written and oral formats;

b) Practical examination carried out directly on the inspected objects or through software, simulation models.

5. Examination results meeting requirements when theoretical examination scores reach 80 points or higher and practical examination scores reach 75 points or higher.

6. Individuals whose examination results meet the requirements will be considered for issuance of Certificates according to the provisions of Article 9 of this Circular.

Chapter IV

IMPLEMENTATION

1. The content to be published for organizations granted a Certificate of Eligibility for Inspection Activities includes:

a) The name, address, code number of the Inspection Organization;

b) List of inspection objects;

c) Validity period of the Certificate of Eligibility;

d) List of inspectors;

đ) Administrative violations committed by the inspection organization (if any).

2. Content to be published at the request of training and vocational upgrading organizations includes:

a) The name, address of the training and vocational upgrading organization;

b) Inspection objects trained and upgraded.

Article 15. Responsibilities of the Department of Safety and Environmental Technology

1. Guide the implementation of technical safety inspection activities under the management authority of the Ministry of Industry and Trade.

3. Decide on the establishment of the Examination Board and issue the Examination Regulations.

4. Issue and reissue Certificates in accordance with regulations.

5. Conduct inspections, checks, and handle violations related to technical safety inspection activities under the management authority of the Ministry of Industry and Trade as stipulated.

7. Publish information related to technical safety inspection activities under the management authority of the Ministry of Industry and Trade on the Ministry of Industry and Trade's electronic information website as stipulated in Article 14 of this Circular.

Article 16. Responsibilities of Provincial Departments of Industry and Trade

1. Coordinate with relevant agencies to guide and inspect the implementation of this Circular.

2. Summarize and report on compliance with this Circular within their jurisdiction according to the form in Appendix 1 of this Circular before January 15 each year.

Article 17. Responsibilities of Inspection Organizations

2. Establish and maintain a quality management system to control inspection quality.

3. Be responsible under the law for the results of inspections.

4. Organize vocational upgrading activities in accordance with regulations.

Article 18. Responsibilities of organizations, individuals managing, owning, and using machinery and equipment with strict requirements for labor safety

1. Conduct inspections at inspection organizations that have been granted a Certificate of Eligibility by the Ministry of Industry and Trade.

2. Maintain conditions for safe operation of machinery and equipment.

Article 19. Implementation Provisions

1. This Circular takes effect from August 31, 2017, and abolishes Circular No. 35/2009/TT-BCT dated December 9, 2009, of the Ministry of Industry and Trade regarding conditions for inspection organizations' activities.

3. In case there are changes to legal normative documents, national technical standards, or technical regulations, they shall be applied according to the new documents.

4. During implementation, if any issues arise or difficulties occur, organizations and individuals should report to the Ministry of Industry and Trade for timely consideration and resolution./.