Circular No. 18/2023/TT-BCT amends, supplements, and abolishes certain provisions of circulars governing technical safety inspection activities under the management authority of the Ministry of Industry and Trade.

CIRCULAR

Amending, supplementing, and abolishing certain articles of circulars regulating technical inspection activities

for labor safety labor safety under the management authority

of the Ministry of Industry and Trade

________________-

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

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety Law on technical inspection activities for labor safety, occupational safety training, and labor environment monitoring;

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

Pursuant to Decree No. 4/2023/NĐ-CP dated February 13, 2023 of the Government amending and supplementing certain provisions of decrees related to business investment conditions and administrative procedures within the scope of management of the Ministry of Labor, Invalids and Social Affairs;

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

The Minister of Industry and Trade promulgates this Circular amending, supplementing, and abolishing certain articles of circulars regulating technical inspection activities for labor safety under the management authority of the Ministry of Industry and Trade.

Article 1. Amending and supplementing certain articles of Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade regulating technical inspection activities for labor safety under the management authority of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 09/2017/TT-BCT)

1. Clause 2, Article 3 shall be amended and supplemented as follows:

“2. The objects subject to Group B inspection (Group B) include:

- Objects subject to Group B1 inspection (Group B1)) are industrial boilers with pressure above 16 bar.

- Objects subject to Group B2 inspection (Group B2) are pressure vessels, steam pipelines, and hot water systems.”.

2. Article 7 shall be amended and supplemented as follows:

"Article 7. Inspectors

Inspectors must meet the standards prescribed in Article 9 of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety Law on technical inspection activities for labor safety, occupational safety training, and labor environment monitoring and Article 2 of Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing decrees related to business investment conditions and administrative procedures within the scope of management of the Ministry of Labor, Invalids and Social Affairs."

3. Article 10 shall be amended and supplemented as follows:

"Article 10. Forms of training, upgrading, and examination

1. Examination after training shall apply to: Individuals applying for an inspector certificate for the first time, inspectors whose certificates have been revoked, and inspectors holding certificates that have expired.

2. Examination after upgrading shall apply to inspectors who have been issued a certificate at least once within 36 months from the date of issuance of the certificate."

4. Article 11 shall be amended and supplemented as follows:

"Article 11. Content and duration of training and upgrading

1. Training content

a) General theory

- System of legal regulations related to labor safety and technical inspection activities.

- Overview of national technical standards and national standards related to technical inspection activities.

- Overview of inspection procedures.

- Overview of machines, equipment with strict safety requirements, tools, and devices for inspection work.

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

b) Specialized theory and practical inspection for equipment groups A, B, C

- National technical standards and national standards applicable.

- Classification, construction principles, basic characteristics.

- Requirements for measuring equipment and safety.

- Operation principles, inspection procedures for main measurement control mechanisms.

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

- Specific hazardous factors, destructive factors, and common failures of 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 the use of inspection tools and equipment.

- Practical training related to specific inspection skills and operations (on-site or through software simulations).

- Fire prevention systems, equipment, and means; Warning and handling equipment for flammable gas leaks (for Group C).

c) Specialized theory and practical inspection for equipment group D

- National technical standards and national standards applicable to LPG cylinders.

- Classification, construction principles, basic characteristics.

- Characteristics of LPG.

- Safety engineering requirements in design, manufacture, testing, and use of LPG cylinders.

- Specific hazardous factors, destructive factors, and common failures of LPG cylinders.

- LPG cylinder strength calculations.

- Weld quality assessment techniques; Non-destructive testing techniques.

- Inspection procedures and organization of inspection work for LPG cylinders.

- Defect types and removal criteria when inspecting LPG cylinders.

- Guidance on the use of inspection tools and equipment.

- Practical training on LPG cylinder inspection procedures.

d) Specialized theory and practical inspection for equipment groups E, G:

- National technical standards and national standards applicable.

- Classification, construction principles, basic characteristics.

- Requirements for measuring equipment and safety.

- Operation principles, inspection procedures for main measurement control mechanisms.

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

- Specific hazardous factors, destructive factors, and common failures of 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 the use of inspection tools and equipment.

- Practical training related to specific inspection skills and operations (on-site or through software simulations).

d) Specialized theory and practical inspection for equipment groups H, I:

As provided in point d, clause 1 of this Article and:

- Flammable gas and dust explosion environments: Characteristics, hazardous area classification.

- Inspection, maintenance, repair, major overhaul, and installation of electrical equipment in flammable gas and dust explosion environments.

2. Upgrading content

a) Updating regulations on national technical standards, national standards, and new regulations related to the training content specified in point a, clause 1 of this Article.

b) Updating specialized knowledge.

c) Guidance on the use of newly equipped inspection tools and equipment.

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

3. Duration of training and upgrading

Based on the training and development subjects, the organization conducting business inspection training shall detail the content and duration of such training and development, with no less than six days for training and no less than two days for development.

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

“1. The unit implementing business inspection training and development must meet the following requirements:

a) Develop a plan to organize a course for business inspection training and development, including the following main contents:

- Time, location, and the number of expected participants.

- Training and development content.

- List of lecturers participating in business inspection training and development (with relevant specialty and experience related to inspection activities).

- Plan to organize post-training and development examination for business inspection technical safety.

b) Prepare sufficient material resources and personnel, ensuring security and safety throughout the training, development, theoretical examination, and practical examination process.

c) Develop training and development materials in accordance with the provisions of Article 11 of this Circular."

6. Article 13 shall be amended and supplemented as follows:

“Article 13. Examination Organization

1. The examination board conducts business inspector examinations as decided by the Director of the Department of Occupational Safety and Industrial Environment.

2. The Chairman of the Board is a leader from the Department of Occupational Safety and Industrial Environment. The examination board consists of at least five members, including representatives from the training and development organizations and has the following responsibilities:

a) Approve the list of trainees eligible for examination according to the provisions of Article 7 of this Circular.

b) Develop and adjust examination questions suitable for the training and development course participants.

c) Organize theoretical and practical examinations.

d) Establish an examination marking team, score, and evaluate examination results.

đ) Summarize examination results.

3. Examination Content

The examination content is appropriate for the inspection objects as stipulated in Article 11 of this Circular.

4. Examination Forms

a) For certification examination forms:

- Theoretical examination through written and oral questioning.

- Practical examination conducted directly on the inspection object or through simulation software.

b) For post-development examination forms: theoretical examination through multiple-choice questions.

5. Evaluation of Examination Results:

a) For certification examination forms: Examination results meet the requirements when the theoretical examination score is 80 points or higher and the practical examination score is 75 points or higher (on a scale of 100).

b) For post-development examination forms: Examination results meet the requirements when the theoretical examination score is 80 points or higher.

c) Trainees may retake the examination if they fail to meet the requirements in the first attempt. The time and location for the retake will be determined by the examination board.

6. Individuals who achieve satisfactory examination results will be considered for issuance of the Certificate in accordance with the provisions of Article 9 of this Circular.”

7. Amend and supplement Article 14 as follows:

“Article 14. Posting Information on the Ministry of Industry and Trade's Electronic Website

1. The information posted about organizations granted certificates of eligibility for inspection activities includes:

a) Name, address, and code of the Inspection Organization.

b) List of inspection objects.

c) Validity period of the certificate of eligibility.

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

2. Information posted upon request of organizations meeting the requirements set out in Clause 1 of Article 12 of this Circular includes:

a) Name and address of the training and development organization.

b) Inspection objects trained and developed.”

8. Amend and supplement Clause 1 of Article 17 as follows:

"1. Organizations conducting occupational safety and health technical inspections must comply with the laws and this Circular.

In cases where risk-based inspections are carried out, they must adhere to the regulations for risk-based inspection work as specified in the corresponding national technical standards.”

Article 2. Repeal and replace certain provisions of Circular No. 09/2017/TT-BCT and Circular No. 37/2018/TT-BCT dated October 25, 2018 issued by the Minister of Industry and Trade, and amend, supplement, and repeal certain provisions of Circular No. 12/2020/TT-BCT dated June 18, 2020 issued by the Minister of Industry and Trade amending, supplementing, and repealing certain provisions of Circular No. 09/2017/TT-BCT and some inspection procedures issued together with Circular No. 10/2017/TT-BCT dated July 26, 2017 issued by the Minister of Industry and Trade concerning technical safety inspection procedures for machinery, equipment, and materials with strict requirements for labor safety under the management authority of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 12/2020/TT-BCT). To amend, supplement, and repeal certain regulations on the management of safety and technical safety inspections under the management authority of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 37/2018/TT-BCT) and Circular No. 12/2020/TT-BCT dated June 18, 2020 issued by the Minister of Industry and Trade amending, supplementing, and repealing certain provisions of Circular No. 09/2017/TT-BCT and some inspection procedures issued together with Circular No. 10/2017/TT-BCT dated July 26, 2017 issued by the Minister of Industry and Trade concerning technical safety inspection procedures for machinery, equipment, and materials with strict requirements for labor safety under the management authority of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 12/2020/TT-BCT).

1. Replace the phrase “Weld quality testing equipment” with “Ultrasonic weld quality testing equipment” at Point a and Point d Clause 2 Article 4 of Circular No. 09/2017/TT-BCT and Clause 2 Article 1 of Circular No. 12/2020/TT-BCT.

2. Replace the phrase “Magnetic and penetrant testing equipment for metal defects” at Clause 1 Article 2 of Circular No. 37/2018/TT-BCT and the phrase “Magnetic, eddy current, and penetrant testing equipment for metal defects” at Point d Clause 2 Article 4 of Circular No. 09/2017/TT-BCT with “Magnetic testing equipment for metal defects”.

3. Replace the phrase “Safety valve testing equipment” with “Safety valve testing equipment” at Point a Clause 2 Article 4 of Circular No. 09/2017/TT-BCT.

4. Repeal the phrase “Weld quality testing equipment” at Point b Clause 2 Article 4 of Circular No. 09/2017/TT-BCT.

5. Repeal Clause 6 Article 15 of Circular No. 09/2017/TT-BCT.

6. Repeal Point b Clause 5 Article 1 of Circular No. 12/2020/TT-BCT.

Article 3. Implementation Provisions

1. This Circular takes effect from December 20, 2023.

2. In the course of implementation, if any issues arise or difficulties occur, organizations and individuals are requested to report to the Ministry of Industry and Trade for timely review and resolution./.