Circular No. 142/2014/TT-BQP on technical safety inspection work for machinery, equipment, and materials with strict requirements for labor safety within the Ministry of National Defense

CIRCULAR

Regulations on technical safety inspection work for machinery, equipment, and materials with strict requirements for labor safety in the Ministry of National Defense

Based on the Law on Enacting Legal Normative Documents in 2008;

___________________________

Based on Decree No. 45/2013/NĐ-CP dated May 10, 2013 of the Government detailing certain provisions of the Labor Code regarding working hours, rest periods, and labor safety and hygiene;

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

The Minister of National Defense stipulates the technical safety inspection work for machinery, equipment, and materials with strict requirements for labor safety in the Ministry of National Defense.

Considering the proposal of the Director of the General Technical Department;

Article 1. This Circular regulates the registration and technical safety inspection work for various types of machinery, equipment, and materials with strict requirements for labor safety; conditions, procedures, and formalities for issuing certificates of technical safety inspection; professional standards for technical inspectors, inspectors, and technicians conducting technical safety inspections in the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. This Circular does not regulate

a) Machinery, equipment, and materials with strict requirements for labor safety of agencies, units, organizations, and enterprises (hereinafter referred to as agencies and units) and individuals operating abroad (to be inspected according to the laws of the host country);

b) Ammunition, military explosives (including national reserves), industrial explosives shall be regulated separately.

Agencies, units, and individuals related to the technical safety inspection work for machinery, equipment, and materials with strict requirements for labor safety in the Ministry of National Defense.

Article 2. Applicability

Article 1. Inspector: Is a person belonging to a unit engaged in technical safety inspection work and who has been authorized by the competent authority to hold a technical safety inspection certificate (hereinafter referred to as inspector certificate); directly performs or directs and supervises technicians in conducting technical safety inspections of machinery, equipment, and materials with strict requirements for labor safety.

Article 3. Explanation of Terms

Article 2. Technical inspector: Is a person belonging to a unit engaged in technical safety inspection work and who has been authorized by the competent authority to hold a technical inspector certificate (hereinafter referred to as technical inspector certificate); performs specific tasks within the technical safety inspection process of machinery, equipment, and materials with strict requirements for labor safety under the direction and supervision of the inspector.

Article 3. Inspection Object: Is machinery, equipment, and materials with strict requirements for labor safety under the management responsibility of the Ministry of National Defense.

Article 4. Technical Safety Inspection (referred to as inspection): Is an activity conducted according to the technical safety inspection process aimed at evaluating and confirming the compliance of the technical safety status of the inspection object as defined in relevant technical regulations or standards applicable to the inspection object.

Article 5. Technical Safety Inspection Unit: Is a unit meeting all conditions prescribed by the State and the Ministry of National Defense for conducting technical safety inspections of machinery, equipment, and materials with strict requirements for labor safety.

REGULATIONS ON TECHNICAL SAFETY INSPECTION WORK

Chapter II

PROVISIONS ON THE WORK OF TECHNICAL INSPECTION OF LABOR SAFETY

Article 4. Technical Safety Inspection for Labor

Technical safety inspection for labor shall be conducted in the following cases:

1. Before initial use.

2. Periodically when the re-inspection deadline is reached.

3. After reinstallation.

4. After renovation or repair that changes the structure or technical specifications.

5. Upon request from the user unit or at the request of the Military Labor Safety Agency.

Article 5. Responsibilities for Conducting Technical Safety Inspections for Labor

1. The Technical Safety Inspection Center under the General Department of Technology or other technical safety inspection organizations with legal personality, authorized in writing by the Military Labor Safety Agency, shall conduct technical safety inspections for labor on objects under the management responsibility of the Ministry of National Defense.

2. Standardization Measurement Quality Bases, Compressed Gas Cylinder Testing Stations belonging to technical departments of units directly under the Ministry of National Defense shall conduct technical safety inspections for labor on certain objects under the management responsibility of the Ministry of National Defense upon written authorization from the Military Labor Safety Agency.

Article 6. Procedures and Formalities for Conducting Technical Safety Inspections for Labor

1. Documents

Report the need for technical safety inspection for labor from the using agency or unit.

2. Inspection procedures and formalities

a) Agencies and units directly under the Ministry of National Defense submit a written report on the need for technical safety inspection for labor as stipulated in Article 4 of this Circular to the Military Labor Safety Agency;

b) Within thirty working days from the date of receipt of the written report on the need for technical safety inspection for labor from agencies and units, the Military Labor Safety Agency will compile and develop a plan for technical safety inspection for labor of the Ministry of National Defense;

c) Within four working days from the date of receiving the request for inspection from the using agency or unit, the inspection unit will contract through the technical department or the safety and labor protection management agency of the units directly under the Ministry of National Defense to conduct the inspection;

d) When the inspection meets the requirements, the inspection unit will prepare an inspection record according to the model specified in the technical safety inspection procedure; summarize the inspection results in the equipment's history; affix an inspection seal or display the inspection information symbol on the inspected object; issue a certificate of inspection result.

3. Suspension of inspection and suspension of operation for inspected objects

a) Suspend inspection if the inspected object does not meet the technical safety factors or poses a risk of accidents during labor;

b) Suspend operation in the following cases:

- The inspected object has exceeded the validity period stated on the certificate of inspection result;

- Even after rectification, the inspected object still fails to meet the requirements.

Article 7. Certificate of Inspection Results for Technical Safety

1. The General Department of Technology (Military Labor Safety Agency) shall unify the printing, issuance, and management of the blank certificates of technical safety inspection results for labor. The blank certificate of technical safety inspection results follows Model 1 of Appendix III issued together with this Circular.

2. The direct technical safety inspection unit for labor shall be responsible for printing the certification content of the inspection results on the blank certificate of technical safety inspection results managed and issued by the Military Labor Safety Agency. Regularly (every six months) and annually, they shall conduct inventory and report on the use of the blank certificate of technical safety inspection results; report according to Model 3 of Appendix III issued together with this Circular.

Article 8. Technical safety and labor protection inspection seals or marks stamped on inspected objects

1. The technical safety and labor protection inspection seal or mark stamped on inspected objects shall be issued, managed, and registered with the competent authority by the inspection unit; the inspection seal shall follow Model 2 in Appendix III promulgated 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. Cases for registering technical safety and labor protection inspection objects

1. After the first technical safety and labor protection inspection of an inspection object meets the requirements, it must be registered with the Military Labor Safety and Protection Agency before being put into use, and such registration shall only be conducted once for each object.

2. Re-registration for inspection objects

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 procedures for registering technical safety and labor protection inspection objects

1. Responsibilities

a) The Military Labor Safety and Protection Agency shall handle the registration and issue certificates of registration for inspection objects within the Ministry of National Defense. The certificate of registration shall follow Model 6 in Appendix III promulgated together with this Circular;

b) The Department of Technology or the management agency for labor safety and protection of agencies, units under the Ministry of National Defense and units using inspection objects must establish a registration book to monitor and manage inspection objects within their jurisdiction. Registration codes for each unit shall follow Appendix I, and the registration monitoring book for inspection objects shall follow Model 4 in Appendix III promulgated together with this Circular.

2. Documents, procedures, and formalities

a) Files include:

- The registration application form for inspection objects according to the provisions at Model 5 in Appendix III promulgated together with this Circular;

- Curriculum vitae of the object subject to inspection;

- Inspection result form.

b) Procedures and formalities:

- 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 must transfer the registration documents for the inspection object to the Military Labor Safety and Protection Agency;

- Within ten working days from the date of receiving complete valid documents, the Military Labor Safety and Protection Agency shall review, issue the certificate of registration, and transfer all registration documents to the unit or individual using the inspection object.

3. Suspension of registration

Inspection objects that are damaged beyond repair or no longer needed shall be reported in writing by the managing and using unit to the Military Labor Safety and Protection Agency to stop inspection and registration upon decision by the competent authority.

Chapter III

ISSUING CERTIFICATES FOR TECHNICAL SAFETY AND LABOR PROTECTION INSPECTION

Article 11. Conditions for issuing certificates of qualification for technical safety and labor protection inspection activities

1. New issuance conditions

a) A public service unit or enterprise established in accordance with the law within the Ministry of National Defense, having functions or registered to conduct technical safety and labor protection inspection activities;

b) Material and technical facilities:

- Having sufficient equipment and tools to serve inspections of objects within the scope of inspection as required by the inspection procedure; inspection equipment and tools must be periodically calibrated and verified in accordance with the law during their usage period; inspection equipment and tools for each group of inspection objects must meet the minimum requirements set out in Appendix II promulgated together with this Circular;

- Having equipment to enter and store inspection results;

- Having sufficient inspection procedures and technical standards related to each object within the scope of inspection.

c) Organizational and management system for inspection activities:

- For each object within the scope of inspection, the inspection unit must have at least two full-time inspectors or employees who have signed contracts with the unit for a term of twelve months or more;

- The inspection unit must have a person in charge of overall technical supervision. In cases where departments or divisions are divided based on different areas of operation, each department or division must have a person in charge of overall technical supervision. The person in charge of overall technical supervision must be an inspector, having at least five years of work experience in fields related to the objects within the scope of inspection (design, production, installation, repair, use, operation, or maintenance) or directly engaged in technical safety and labor protection inspection activities for at least three years (excluding probationary periods and time as inspection technicians);

- The inspection unit must have quality control procedures and regulations for technical safety and labor protection inspection activities, meeting the following requirements: Ensuring inspection activities within the scope specified in the certificate of qualification for technical safety and labor protection inspection activities; conducting inspections according to the prescribed procedures and reporting inspection results as required; preventing fraud in inspection documents; preventing fraudulent activities in inspection activities; ensuring independence and objectivity in inspection activities;

- Within one year from the date of issuance of the certificate of qualification for technical safety and labor protection inspection activities, the inspection unit must establish and maintain a quality management system for technical safety and labor protection inspection activities in accordance with TCVN ISO 9001:2008 or TCVN ISO/IEC 17020:2001.

2. Renewal and supplementary issuance conditions

a) Renewal when the validity period recorded in the certificate of qualification for technical safety and labor protection inspection activities expires;

b) Lost or damaged;

c) Amending or supplementing the contents of the certificate of qualification for technical safety and labor protection inspection activities.

Article 12. Documents, procedures, and formalities for issuing certificates of qualification for technical safety inspection activities

1. For new issuance of certificates of qualification for technical safety inspection activities, the documents shall include:

a) A request for issuance of a certificate of qualification for technical safety inspection activities according to Model 7 of Appendix III issued together with this Circular;

b) A copy of the business registration certificate or establishment decision of the competent authority;

c) A list of equipment and tools for technical safety inspections provided by the entity, with complete information according to Model 8 of Appendix III issued together with this Circular;

d) A list of technical documents, technical standards, standards, and inspection procedures corresponding to the objects registered for inspection according to Model 9 of Appendix III issued together with this Circular;

đ) Inspection officer documentation:

- An assignment list of inspection officers according to Model 10 of Appendix III issued together with this Circular;

- Certified copies of valid inspection officer certificates, inspection officer cards (if applicable), or certified photocopies of various valid certificates and training course certificates related to inspection;

- Application documents for issuance of an inspection officer certificate as stipulated in Clause 1, Article 14 of this Circular (for inspection officers who have not yet been issued a certificate);

e) Documentation proving the technical capacity and experience of the technical manager as stipulated in Point c, Clause 1, Article 11 of this Circular (including certified copies of relevant certificates, diplomas, and years of work confirmed by related organizations);

g) Quality control procedures or regulations for inspection activities of the entity;

h) Certified copies of quality management system certification certificates, capacity certificates of the entity (if applicable);

i) Inspection seal samples, markings, or stamps on inspected objects as prescribed in Article 8 of this Circular.

2. Reissuance and supplementary issuance of certificates of qualification for technical safety inspection activities

a) Reissue when the validity period specified in the certificate of qualification for technical safety inspection expires:

Ninety days before the expiration date stated in the certificate, the inspection entity wishing to continue technical safety inspection activities shall submit reissue application documents to the competent authority, including:

- A reissue request according to Model 11 of Appendix III issued together with this Circular;

- A copy (original if changing the inspection field) of the previously issued certificate;

- A report on the entity's inspection activity during the period covered by the certificate according to Model 12 of Appendix III issued together with this Circular;

- Inspection officer documentation (as stipulated in Point đ, Clause 1 of this Article);

- Documentation as stipulated in Point e, Clause 1 of this Article, when changing the inspection field.

b) Reissue due to loss, damage, or deterioration of the certificate of qualification for technical safety inspection activities, the documents shall include:

- A request for reissue according to Model 11 of Appendix III issued together with this Circular;

- The original certificate in case of damage or deterioration.

c) Reissue when there is a change in the content of the certificate of qualification for technical safety inspection activities, the documents shall include:

- The contents stipulated in Point b, Clause 2 of this Article;

- Documentation proving the requirement for changing the content in the certificate.

3. Procedures and formalities for issuing certificates of qualification for technical safety inspection activities

a) Agencies or entities requiring new issuance, reissuance, modification, or supplementation of certificates of qualification for technical safety inspection activities shall submit one set of documents to the Military Labor Safety and Protection Agency and bear the costs associated with issuing certificates of qualification for technical safety inspection activities as prescribed by the Ministry of Finance;

b) Within thirty-five working days from the date of receipt of complete and valid documents, the Military Labor Safety and Protection Agency shall be responsible for reviewing and issuing certificates of qualification for technical safety inspection activities; the certificate of qualification for technical safety inspection activities according to Model 13 of Appendix III issued together with this Circular. In cases where a certificate of qualification for technical safety inspection activities is not issued, the Military Labor Safety and Protection Agency must issue a notification explaining the reasons to the requesting agency or entity;

c) The validity period of the certificate of qualification for technical safety inspection activities is three years; for certificates reissued due to loss or damage, it is the remaining time of the previously issued certificate.

Article 13. Conditions for issuing a technical safety and labor hygiene inspector certificate

1. New issuance conditions

a) Having a bachelor's degree or higher in a relevant technical field corresponding to the inspection area; being part of the inspection unit's staff or having a labor contract with the inspection unit for at least 12 months and proposed by the inspection unit;

b) Having at least two years of experience working as a technical inspector or in a related field involving the objects within the scope of the proposed issuance of the technical safety and labor hygiene inspector certificate (including: design, production, installation, repair, use, operation, maintenance);

c) Holding a certificate of completion of regular training courses on technical safety and labor hygiene inspection organized by the General Department of Technology or other competent state agencies, corresponding to the scope of the proposed issuance of the technical safety and labor hygiene inspector certificate, except for those who meet one of the following conditions:

- Having continuously worked in inspection for more than ten years up to the date this Circular takes effect;

- Already holding a certificate of participation in training courses on technical safety and labor hygiene inspection corresponding to the scope of the proposed issuance of the certificate and still valid until the date this Circular takes effect.

2. Conditions for reissuing

a) The technical safety and labor hygiene inspector certificate has expired;

b) Supplementing the inspection scope in the technical safety and labor hygiene inspector certificate;

c) The technical safety and labor hygiene inspector certificate is lost or damaged;

d) The technical safety and labor hygiene inspector certificate has been revoked according to Clause 4, Article 16 of this Circular.

Article 14. Documents, procedures, and formalities for issuing a technical safety and labor hygiene inspector certificate

1. Issuance of a new technical safety and labor hygiene inspector certificate, the documents include:

a) A letter requesting issuance of the technical safety and labor hygiene inspector certificate from the unit according to Model 14 of Appendix III issued together with this Circular;

b) A certified copy of the bachelor's degree diploma of the person proposed to be issued the technical safety and labor hygiene inspector certificate;

c) A resume of the person proposed to be issued the technical safety and labor hygiene inspector certificate according to Model 15 of Appendix III issued together with this Circular;

d) A certified copy of the current labor contract or recruitment decision of the person proposed to be issued the technical safety and labor hygiene inspector certificate;

đ) A certified copy of the certificate of completion of the technical safety and labor hygiene inspection training course or documents proving the work experience as stipulated in Point c, Clause 1, Article 13 of this Circular;

e) Two (2) color photographs measuring 3cm x 4cm of the person proposed to be issued the technical safety and labor hygiene inspector certificate taken within six months from the date of application.

2. Reissuing a technical safety and labor hygiene inspector certificate

a) Reissuing when the validity period specified in the technical safety and labor hygiene inspector certificate expires:

Ninety days before the expiration date stated in the certificate, the inspection unit that needs to use the inspector must prepare the application documents, which include:

- A request letter for reissuance according to Model 14 of Appendix III issued together with this Circular;

- The original expired technical safety and labor hygiene inspector certificate; a certified copy of the certificate of completion of periodic training courses on technical safety and labor hygiene inspection conducted during the validity period of the technical safety and labor hygiene inspector certificate;

- Two (2) color photographs measuring 3cm x 4cm of the person proposed to be reissued taken within six months from the date of application.

b) Reissuing when supplementing the inspection scope in the technical safety and labor hygiene inspector certificate, the documents required under Point a, Clause 2 of this Article.

c) Reissuing due to damage or deterioration of the technical safety and labor hygiene inspector certificate, the documents include:

- The contents required under Point a, Clause 2 of this Article (substituting the original technical safety and labor hygiene inspector certificate with a certified copy);

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

d) Reissuing when the technical safety and labor hygiene inspector certificate has been revoked, the documents include:

- The contents required under Article 1 of this Article (replacing the content of Point đ as follows: A certified copy of the certificate of completion of technical safety and labor hygiene inspection training courses issued after the effective date of the decision revoking the technical safety and labor hygiene inspector certificate);

- A report on the implementation of requirements and recommendations to correct violations by relevant agencies.

3. Procedures and formalities for issuing a technical safety and labor hygiene inspector certificate:

a) The inspection unit that needs to issue a new or reissue a technical safety and labor hygiene inspector certificate for individuals within the unit shall submit the application documents to the Military Labor Safety and Protection Agency three months before the expiration date;

b) Within forty working days from the date of receipt of complete and valid documents, the Military Labor Safety and Protection Agency will review and issue the technical safety and labor hygiene inspector certificate; for documents submitted along with the application for certification of eligibility for technical safety and labor hygiene inspection activities, the technical safety and labor hygiene inspector certificate will be issued together with the certificate of eligibility for inspection activities; the technical safety and labor hygiene inspector certificate according to Model 16 of Appendix III issued together with this Circular;

c) The validity period of the technical safety and labor hygiene inspector certificate is three years; for certificates reissued due to loss or damage, it is the remaining validity period of the previously issued certificate.

Article 15. Management and use of certification certificates and technical safety labor inspection cards

1. Inspection units shall be responsible for managing the certification certificates and technical safety labor inspection cards of the subjects under their jurisdiction. When an inspector ceases to work at the inspection unit, the unit shall report and return the inspector's certification certificate to the Military Labor Safety and Protection Authority.

2. Based on the inspector's certification certificate and the scope of activities stated in the certificate of eligibility for technical safety labor inspection, the inspection unit shall issue an inspector card to individuals holding the certification certificate within the unit. The inspector card shall follow Model 17 of Appendix III issued together with this Circular.

3. Inspectors shall be responsible for presenting their inspector cards upon request from competent authorities and units or individuals requesting inspection services; they may only conduct technical safety inspections within the scope specified on their inspector cards.

Article 16. Suspension of inspection activities and revocation of technical safety labor inspection certification certificates

1. Inspection units shall be suspended from conducting inspection activities for a period of 01 to 03 months in the following cases:

a) Failure to maintain the prescribed conditions for inspection activities as stipulated in the certificate of eligibility for technical safety labor inspection, specifically:

- Lack of sufficient equipment and tools for inspection or having them but without calibration and verification certificates as required;

- Failure to ensure that there are at least two full-time inspectors assigned to each inspection subject within the scope of inspection;

- Absence of a technical supervisor or the technical supervisor not meeting the requirements set out in Point c Clause 1 Article 11 of this Circular.

b) Continuous failure to report to the management authority on the unit's inspection activities for three consecutive quarters as required by Clause 8 Article 24 of this Circular.

2. Inspection units shall be suspended from conducting inspection activities for a period of 01 to 06 months in the following cases:

a) Conducting inspection activities outside the scope stated in the certificate of eligibility for technical safety labor inspection; failing to comply with the inspection procedures; failing to report to the management authority on the unit's inspection activities as required by Clause 8 Article 24 of this Circular;

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

c) Falsifying documents when conducting inspections; engaging in fraudulent activities during inspections; failing to ensure independence and objectivity in inspection activities (inspecting objects directly used or traded by the unit itself);

d) Within one year from the date of issuance of the first certificate of eligibility for technical safety labor inspection, the inspection unit has not established a quality management system for technical safety labor inspection activities in accordance with TCVN ISO 9001:2008 or TCVN ISO/IEC 17020:2001.

3. Depending on specific circumstances, the Military Labor Safety and Protection Authority shall issue a decision to suspend part or all of the inspection activities within the scope stated in the certificate of eligibility for technical safety labor inspection, while requiring the implementation of corresponding measures to address the consequences.

4. Revocation of inspector certification certificates in the following cases:

a) Forgery or misrepresentation of documents in the application or reissue of inspector certification certificates;

b) Unauthorized alteration or modification of inspector certification certificates;

c) Lending, renting, or allowing others to use inspector certification certificates;

d) Conducting inspections for other inspection units without the agreement of the unit issuing the inspector certification certificate (except in cases where the units have cooperative agreements clearly stating the responsibilities of each party and the relevant inspectors);

đ) Conducting inspections beyond the scope stated on the inspector card;

e) Conducting inspections without adhering to the prescribed inspection procedures;

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

5. When an inspector violates any of the cases stipulated in Clause 4 of this Article, the Military Labor Safety and Protection Authority shall issue a decision to revoke the inspector's certification certificate.

6. In addition to suspension of inspection activities and revocation of inspector certification certificates, depending on the severity of the violation, technical safety labor inspection units and related individuals may also be disciplined according to military regulations, compensate for damages, or be held criminally liable as provided by law.

Chapter IV

PROFESSIONAL STANDARDS FOR STAFF, INSPECTORS, AND TECHNICAL INSPECTION PERSONNEL FOR TECHNICAL SAFETY LABOR INSPECTION

Article 17. Technical Commanders, Heads of Departments, Units for Technical Safety Inspection

1. Training and Development

a) Shall be an officer of the Vietnam People's Army, having graduated from a university or higher in a relevant technical field suitable for technical safety inspection tasks;

b) Shall know a commonly used foreign language at level B in professional activities;

c) Shall be proficient in using computers and other information technology equipment and software applications to meet professional requirements;

d) Shall have a minimum of five years of work experience in fields related to technical safety inspection tasks;

đ) Shall hold a certificate for occupational safety training instructor issued by the Ministry of Labor, Invalids and Social Affairs or the General Department of Technology.

2. Professional and vocational competence

a) Shall take the lead in organizing and effectively implementing the content of technical safety inspection business activities;

b) Shall take the lead or participate in scientific research topics in the field of technical safety inspection;

c) Shall have the ability to guide business practices in the field of technical safety inspection in accordance with the trained specialty;

d) Shall have the ability to organize effective cooperation with related agencies in technical safety inspection activities;

đ) Shall have the ability to synthesize and generalize the content of activities related to professional business in the field of inspection; propose solutions to improve efficiency in technical safety inspection;

e) Shall be thoroughly familiar with legal normative documents, procedures, standards, technical regulations, and business practice guidelines on technical safety work; the contents, methods of inspection, and evaluation criteria for indicators during technical safety inspection processes.

Article 18. Chief Technical Inspectors of Occupational Safety

1. Training and Development

a) Shall be an officer of the Vietnam People's Army or a professional soldier, having graduated from a university or higher in a relevant technical field suitable for technical safety inspection tasks;

b) Shall know a commonly used foreign language at level B in professional activities;

c) Shall be proficient in using computers and other information technology equipment and software applications to serve professional work;

d) Shall have been in the technical inspector position for occupational safety or equivalent for nine years or more;

đ) Shall have a project or research work related to technical safety inspection tasks that has been accepted and put into application by the sector’s Scientific Council;

e) Shall hold a certificate for technical safety inspector vocational training course issued by the Ministry of Labor, Invalids and Social Affairs or the General Department of Technology.

2. Professional and vocational competence

a) Shall take the lead in organizing and effectively implementing technical safety inspection business activities;

b) Shall have the ability to organize and effectively cooperate with agencies, units, and individuals during the implementation of technical safety inspection tasks;

c) Shall have the ability to synthesize and generalize the content of activities related to professional business in the field of inspection to propose solutions to improve the effectiveness of implementing activities in the field of technical safety inspection;

d) Shall have the ability to guide business practices in the field of technical safety inspection in accordance with the trained specialty;

đ) Shall take the lead or participate in scientific research topics in the specialty field of technical safety inspection;

Point 3. Tasks

a) Shall develop plans and implement inspection plans for technical safety according to the authority granted;

b) Shall organize and directly conduct technical safety inspections on machines, equipment, materials with strict requirements for occupational safety, personally responsible for the inspection results;

c) Shall collect data, analyze and forecast the situation of technical safety inspections within the assigned scope. Evaluate practical operational situations, propose measures to ensure safety to prevent accidents caused by inspected objects;

d) Shall take the lead in summarizing, evaluating, and drawing lessons from technical safety inspection work in the assigned field; propose and supplement issues requiring amendments in inspection procedures, technical safety standards, and regulations;

đ) Shall perform accident cause investigation and labor accident investigation when required by inspected objects;

e) Shall take the lead or participate in research projects and topics in the assigned technical safety inspection field;

g) Shall participate in drafting, compiling, and providing comments on technical safety standards and regulations according to the requirements of competent authorities; develop technical safety and hygiene measures when required;

h) Shall take the lead or participate in compiling content, programs, and textbooks to train managers on technical management principles and operation procedures, handling procedures, and preventive measures for technical accidents for inspected objects according to current technical safety standards and regulations;

i) Shall participate in compiling textbooks and training technical safety inspectors for occupational safety when assigned.

Article 19. Occupational Safety and Health Technical Inspectors

1. Training and Development

a) Shall be an officer of the Vietnam People's Army or a professional soldier, having graduated from a university or higher in a relevant technical field suitable for technical safety inspection tasks;

b) Be proficient in one foreign language at level A in professional activities;

c) Be proficient in using computers to meet the requirements of professional tasks;

d) Hold a certificate for occupational safety and health technical inspector training course issued by the Ministry of Labor, Invalids and Social Affairs or the General Department of Technology.

2. Professional and vocational competence

a) Be capable of independently and proficiently performing occupational safety and health technical inspection tasks within the assigned scope, consistent with the trained specialty;

b) Be capable of grasping and applying advanced methods and technologies during the execution of assigned occupational safety and health technical inspection tasks, consistent with the trained specialty;

c) Be capable of leading and coordinating with agencies, units, and individuals during the execution of assigned occupational safety and health technical inspection tasks;

d) Possess the ability to guide vocational skills, disseminate experience, and participate in scientific research serving technical safety inspection work;

đ) Be capable of identifying potential risks and establishing preventive measures while conducting inspections;

e) Be proficient in using technical equipment and tools serving occupational safety and health technical inspection work.

Point 3. Tasks

a) Develop or participate in developing inspection plans for specific inspected objects within the assigned field;

b) Directly conduct inspections and provide technical safety advice to production and usage agencies and units of machinery, equipment, and materials with strict safety requirements within the assigned scope. Bear personal responsibility for the inspection results;

c) Participate in scientific research projects related to the assigned inspection technical field;

d) Participate in drafting, compiling, and providing comments on technical safety standards and regulations according to the requirements of competent authorities; develop technical safety measures and labor hygiene plans when required;

đ) Lead or participate in compiling content, programs, and textbooks for training managers on technical management principles and operational procedures, and accident prevention measures for inspected objects according to current technical safety standards and regulations;

e) Participate in compiling textbooks and training technical safety inspectors when assigned.

Article 20. Technical Inspectors for Occupational Safety and Health

1. Training and Development

a) Be a professional military personnel who has graduated from a technical college or higher in a specialty suitable for occupational safety and health technical inspection tasks;

b) Be proficient in using computers to meet the requirements of professional tasks;

c) Hold a certificate for technical inspector training course for occupational safety and health technical inspection issued by the Ministry of Labor, Invalids and Social Affairs or the General Department of Technology.

2. Professional and vocational competence

a) Be capable of independently and proactively using technical equipment and tools serving occupational safety and health technical inspection work consistent with the trained specialty;

b) Have a thorough understanding of the principle and structure of systems and equipment used for inspection; inspection procedures and relevant technical safety standards and regulations concerning assigned inspected objects; regulations on electrical and mechanical safety, pressure equipment safety, and fire prevention and control;

c) Be capable of working in teams during the execution of assigned occupational safety and health technical inspection tasks.

Point 3. Tasks

a) Conduct inspections of various gas cylinders according to a specific procedure on a complete inspection line, ensuring the technical requirements set forth;

b) Follow certain steps of the inspection procedure to detect technical faults in machinery, equipment, and materials with strict safety requirements during the inspection process;

c) Propose measures to improve inspection quality;

d) Timely identify malfunctions of technical equipment serving inspection work, propose remedial measures to ensure inspection quality;

đ) Be responsible for conclusions made at specific inspection steps assigned.

Chapter V

IMPLEMENTATION

Article 21. Responsibilities of the General Department of Technical Affairs

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

2. Receive and process files; issue new and reissue certificates of eligibility for technical safety inspection activities; issue new and reissue inspector certificates; print, issue, and manage blank certificates of technical safety inspection results within the Ministry of National Defense.

3. Register and issue certificates of registration for inspection objects; build, uniformly manage, and guide the use of the Database Management System for technical safety inspection activities; issue and manage certificates of registration within the Ministry of National Defense.

4. Inspect, check, and supervise regularly, periodically, and randomly technical safety inspection activities, management, and use of inspection objects within the Ministry of National Defense according to national and Ministry of National Defense technical safety regulations, standards, and norms.

5. Suspend and revoke certificates of eligibility for technical safety inspection activities, and revoke inspector certificates according to the provisions of Article 16 of this Circular.

6. Take the lead in coordinating with relevant state agencies, the Ministry of National Defense, and technical sectors within the Ministry of National Defense to build and issue technical inspection procedures for inspection objects; develop programs, curricula, plans, organize training, and enhance technical safety inspection skills for inspectors under the management scope of the Ministry of National Defense.

7. Annually report on the situation of technical safety inspections within the Ministry of National Defense; report to the Head of the Ministry of National Defense when required.

Article 22. 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 on the situation of inspections and issuance of permits for the use of industrial explosives within the Ministry of National Defense; report to the Ministry of National Defense (through the General Department of Technical Affairs).

Article 23. Responsibilities of the Technical Department or Safety and Labor Protection 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 technical safety inspection activities of technical safety inspection objects within their management scope. Coordinate with the competent agency of the General Department of Technical Affairs and related agencies to disseminate and guide using entities to implement this Circular.

2. Receive declaration forms, registration requests, and inspection applications from using agencies and units; compile and submit registration forms of inspection objects to the General Department of Technical Affairs. The registration form follows 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 inspection objects to comply strictly with national and Ministry of National Defense labor safety standards and regulations.

5. Annually, according to the plan, develop inspection needs in the Technical Work Plan or Production and Business Plan, and report the proposal to the direct superior agency of the inspection unit as stipulated in Clause 1 of Article 5 of this Circular.

Proactively coordinate and cooperate with inspection units and using agencies and units to conduct technical safety inspections of inspection objects according to the plan; assign technical staff to witness and supervise the inspection process of objects within their management scope.

Report annually on the inspection situation of inspection objects within their management scope to the Ministry of National Defense (through the General Department of Technical Affairs); report according to Model 20 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 and business units that are included in product costs or circulation fees and considered reasonable expenses.

Article 24. Responsibilities of the inspection unit

1. Conduct inspections within the scope and objects specified in the certificate of eligibility for technical safety labor inspection activities. Must carry out inspections strictly according to the technical safety labor inspection procedures issued by the Ministry of National Defense. In cases where certain objects do not have technical safety labor inspection procedures issued by the Ministry of National Defense, the inspection unit shall base its inspections on technical procedures, standards, and national technical standards issued by relevant ministries managing industries and fields, or international technical standards, recognized by Vietnam.

2. Implement the contents stipulated in Point c Clause 2 Article 6 of this Circular; shall not refuse to inspect without legitimate reasons. In case it is unable to meet the inspection requirements, it must notify the user unit in writing (specifying the reason and solution) and promptly report to the Military Labor Safety and Protection Authority for handling.

3. Only use inspectors from the unit and inspectors from other inspection units that have written cooperation agreements with the unit to conduct inspections. Assign inspectors to attend regular training courses on technical safety labor inspection.

4. Only be permitted to conduct initial inspections on imported inspection objects after completing customs procedures; for domestically produced inspection objects after being certified as compliant and registered as compliant.

5. Affix inspection labels or display inspection information on inspection objects meeting the requirements as stipulated in Article 8 of this Circular.

6. Issue certificates of inspection results to agencies and units using inspection objects that meet the requirements within five working days from the date of announcing the inspection record. Do not issue certificates when inspection objects do not meet the requirements; notify the user units and individuals, and superior management agencies in writing of the inspection results.

7. Report periodically every quarter (before the fifth day of the first month of the following quarter), six months (before July 5th), annually (before January 10th of the following year) and over multiple years on the situation of technical safety labor inspection activities to the General Department of Technology (through the Military Labor Safety and Protection Authority); report using Model 12 and Model 19 Appendix III issued together with this Circular.

8. Report to the General Department of Technology (within fifteen days from the date of change) any changes affecting the technical safety labor inspection activities recorded on the certificate of eligibility for technical safety labor inspection activities already issued (through the Military Labor Safety and Protection Authority).

9. Submit to the Military Labor Safety and Protection Authority the certificate of eligibility for technical safety labor inspection activities upon expiration, and inspection certificates upon expiration or revocation. Shall not inspect inspection objects listed in the certificate of eligibility for technical safety labor inspection during suspension periods; shall not allow inspection personnel to participate in inspections during periods when their inspection certificates have been revoked.

10. Register logos, samples of various inspection labels, and markings or stamps on inspection objects with the General Department of Technology. Carry out revenue and expenditure, management, and use of technical safety labor inspection funds in accordance with the regulations of the Ministry of National Defense.

11. Bear responsibility for the results of inspection and testing, compensate for losses caused by such activities in accordance with the provisions of the law; must recall the results of inspection and testing already issued upon discovering violations.

Article 25. Responsibilities of agencies and units using inspected objects

1. Enter into a contract with the inspection unit as prescribed in Clause 1, Article 5 of this Circular to carry out inspections; for agencies and business accounting units with revenues that must be submitted, they must pay the inspection fee to the technical safety labor inspection unit in accordance with the regulations of the Ministry of Finance.

2. Store the inspection records and certificates of inspection results of the inspected objects. In cases of transfer, assignment (or re-renting) of inspected objects, the user unit of the inspected object must hand over all these documents accompanying the inspected objects.

3. Create favorable conditions for the inspection unit to conduct inspections by preparing all relevant technical documents related to the inspected object to provide to the 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; may not continue to use inspected objects with unsatisfactory inspection results or beyond their inspection validity period.

5. After installation and 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 an inspection object usage declaration form and a copy of the inspection result certificate and registration certificate to the Military Safety and Labor Protection Agency to complete registration and obtain a new registration certificate. The declaration form follows Model 18 of Appendix III issued together with this Circular.

6. Annually, develop an inspection plan for inspected objects; report the inspection situation to the superior management agency. Immediately report to the Military Safety and Labor Protection Agency if the inspection unit refuses to conduct inspections without a valid reason.

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.

Article 26. Effective date

This Circular takes effect from December 8, 2014, and replaces Circular No. 93/2012/TT-BQP dated August 8, 2012, issued by the Minister of National Defense on implementing registration and technical safety labor inspections for types of machinery, equipment, and materials with strict requirements for labor safety in the military.

Article 27. Responsibility for Implementation

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