Circular No. 137/2021/TT-BQP amends and supplements certain Articles of Circular No. 08/2017/TT-BQP dated January 6, 2017, issued by the Minister of National Defense, on technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety within the Ministry of National Defense.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 08/2017/TT-BQP dated January 6, 2017 of the Minister of National Defense on technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety within the Ministry of National Defense

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 workplace environmental monitoring;

Pursuant to Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several Decrees related to business investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

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

The Minister of National Defense issues this Circular amending and supplementing certain provisions of Circular No. 08/2017/TT-BQP dated January 6, 2017 of the Minister of National Defense on technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety within the Ministry of National Defense.

Article 1. Amending and supplementing certain provisions of Circular No. 08/2017/TT-BQP dated January 6, 2017 of the Minister of National Defense on technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety within the Ministry of National Defense (Circular No. 08/2017/TT-BQP).

1. Point a and point b Clause 2 Article 10 shall be amended and supplemented as follows:

"a) Documents, including:

- 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 report;

- Certificate of inspection results.

b) Procedure:

- Within 10 working days from the date of receipt of the Certificate of inspection results, the agency or unit using the object subject to inspection or the agency or unit authorized to do so must prepare the registration documents for the object subject to inspection as stipulated in point a of this clause and submit them directly, via mail.bqp, or through military postal service to the Military Labor Safety and Protection Agency."

2. Clause 1 Article 11 shall be amended and supplemented as follows:

"1. Conditions for issuing the Certificate of eligibility for conducting technical safety inspection activities shall be implemented in accordance with the provisions of Clause 1 Article 4 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 workplace environmental monitoring (Decree No. 44/2016/NĐ-CP), which has been amended and supplemented at Clause 1 Article 1 of Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several Decrees related to business investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs (Decree No. 140/2018/NĐ-CP)."

3. Clause 1 Article 12 shall be amended and supplemented as follows:

"1. Documents and procedures for issuing, renewing, and reissuing the Certificate of eligibility for conducting technical safety inspection activities shall be implemented in accordance with the provisions of Clauses 1, 2, and 3 Article 5 of Decree No. 44/2016/NĐ-CP, which has been amended and supplemented at Clauses 2 and 3 Article 1 of Decree No. 140/2018/NĐ-CP."

4. Clause 1 Article 14 shall be amended and supplemented as follows:

"1. Cases for revoking the Certificate of eligibility for conducting technical safety inspection activities shall be implemented in accordance with the provisions of Clause 1 Article 8 of Decree No. 44/2016/NĐ-CP, which has been amended and supplemented at Clause 4 Article 1 of Decree No. 140/2018/NĐ-CP."

5. Clause 1 Article 15 shall be amended and supplemented as follows:

"1. Qualification standards for inspectors shall be implemented in accordance with the provisions of Article 9 of Decree No. 44/2016/NĐ-CP, which has been amended and supplemented at Article 2 of Decree No. 140/2018/NĐ-CP, specifically as follows:
a) Having a bachelor's degree or higher in a relevant technical field suitable for the object subject to inspection;
b) Having at least two years of experience in technical inspection work or in design, production, installation, repair, operation, and maintenance of the object subject to inspection;
c) Having completed a training course and passed the examination with satisfactory performance in technical safety inspection activities for the object subject to inspection or having more than ten years of experience in inspecting such objects since the effective date of this Circular."

6. Clause 1 and 2 Article 16 shall be amended and supplemented as follows:

"1. Inspector certificates shall be issued in accordance with the provisions of Article 10 of Decree No. 44/2016/NĐ-CP. The application documents for issuing inspector certificates shall be in accordance with the provisions of Article 11 of Decree No. 44/2016/NĐ-CP and Article 2 of Decree No. 140/2018/NĐ-CP, specifically as follows:
a) Application for issuance of inspector certificate;
b) Certified copy of the bachelor's degree diploma of the person applying for the certificate or presentation of the original for verification;
c) Documentation proving the qualifications specified in points b and c of Clause 5 of this Article;
d) Certified copy of identity card or passport or citizen identification card;
đ) Two 3x4 cm passport-sized photos of the person applying for the certificate taken within six months from the date of application.
2. Documents for reissuing inspector certificates shall be in accordance with the provisions of Article 12 of Decree No. 44/2016/NĐ-CP and Article 2 of Decree No. 140/2018/NĐ-CP, specifically as follows:
a) In cases where the content of the inspector certificate needs to be supplemented or amended, it shall be in accordance with the provisions of Clause 1 Article 12 of Decree No. 44/2016/NĐ-CP;
b) Documents for reissuing inspector certificates upon expiration include: - Application for reissuance of inspector certificate; - Original certificate previously issued; - Examination results before reissuance.
c) In cases where the inspector certificate is damaged or lost, the documents include: - Application for reissuance of inspector certificate; - Two 3x4 cm passport-sized photos of the person applying for reissuance taken within six months from the date of application.
d) Reissuance of revoked inspector certificates shall be in accordance with the provisions of Clause 4 Article 12 of Decree No. 44/2016/NĐ-CP."

7. Clause 9, 10, and 11 Article 21 shall be amended and supplemented as follows:

"9. Submitting the Certificate of eligibility for conducting technical safety inspection activities and Inspector certificates to the Military Labor Safety and Protection Agency when they expire."
10. Register the logo, various types of inspection seal samples, and marks stamped or embossed on inspected objects with the General Department of Technology.
11. Bear responsibility for the technical safety inspection results in accordance with the law; must recall the technical safety inspection results issued to the inspected object upon discovering violations."

8. Clause 1 of Article 22 shall be amended and supplemented as follows:

"1. Contract with the inspection unit specified in Clause 1 of Article 5 of this Circular to carry out inspections".

9. Repeal Model 9 "List of Documents Supporting Technical Safety Inspection Activities" in Appendix III promulgated together with Circular No. 08/2017/TT-BQP.

10. Appendix I and Appendix II promulgated together with this Circular replace Appendix I and Appendix II promulgated together with Circular No. 08/2017/TT-BQP.

Article 2

1. Repeal Article 23.

2. The Certificate of Eligibility for Technical Safety Inspection Activities and Inspector Certificates issued in accordance with Circular No. 08/2017/TT-BQP dated January 6, 2017 before the effective date of this Circular remain valid within the period stated on the Certificate and Certificate, and shall be renewed in accordance with this Circular.

This Circular takes effect from December 25, 2025/.

The Director of the General Department of Technology, Heads of relevant agencies, units, organizations, and individuals are responsible for implementing this Circular.

Article 4. Implementation provisions

This Circular takes effect from December 6, 2021./.