Circular No. 21/2023/TT-BGTVT amending and supplementing some articles of Circular No. 35/2011/TT-BGTVT dated May 6, 2011, issued by the Minister of Transport on procedures for issuing certificates of technical quality and safety for loading and unloading equipment, boilers, and pressure vessels used in transportation.

CIRCULAR

Amending and supplementing some articles of Circular No. 35/2011/TT-GTVT dated May 6, 2011, issued by the Minister of Transport on procedures for issuing certificates of technical quality and safety for loading and unloading equipment, boilers, and pressure vessels used in transportation

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Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

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

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008, promulgated by the Government detailing implementation of certain provisions of the Law on Product Quality; Decree No. 74/2018/ND-CP dated May 15, 2018, amending and supplementing certain articles of Decree No. 132/2008/ND-CP dated December 31, 2008, promulgated by the Government detailing implementation of certain provisions of the Law on Product Quality; Decree No. 154/2018/ND-CP dated November 9, 2018, promulgated by the Government amending, supplementing, and abolishing certain regulations on investment conditions, business operations under the management of the Ministry of Science and Technology, and certain inspection regulations;

Pursuant to Decree No. 44/2016/ND-CP dated May 15, 2016, promulgated by the Government detailing certain provisions of the Labor Safety and Health Law regarding technical safety and health inspection activities, occupational safety and health training, and labor environment monitoring; Decree No. 140/2018/ND-CP dated October 8, 2018, promulgated by the Government amending and supplementing several decrees related to investment and business conditions and administrative procedures within the scope of management of the Ministry of Labor, Invalids, and Social Affairs;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Science, Technology, and Environment Department and the Director of the Vietnam Registration Agency;

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 35/2011/TT-GTVT dated May 6, 2011, issued by the Minister of Transport on procedures for issuing certificates of technical quality and safety for loading and unloading equipment, boilers, and pressure vessels used in transportation.

Article 1. Amending and supplementing some articles of Circular No. 35/2011/TT-GTVT dated May 6, 2011, issued by the Minister of Transport on procedures for issuing certificates of technical quality and safety for loading and unloading equipment, boilers, and pressure vessels used in transportation (hereinafter referred to as Circular No. 35/2011/TT-GTVT)

1. Amend and supplement Article 1 as follows:

"Article 1 Scope of regulation and applicable subjects

1. This Circular stipulates procedures for issuing certificates of technical quality and safety related to inspection, testing, importation, design, production, modification, and operation of loading and unloading equipment, boilers, and pressure vessels used in transportation as prescribed by law, including:

a) Loading and unloading equipment installed and used on land transport vehicles, railway vehicles; specialized loading and unloading equipment used at airports, seaports, shipbuilding and repair facilities, railway vehicle repair facilities;

b) Boilers and pressure vessels installed and used on land transport vehicles, railway vehicles.

2. This Circular does not apply to loading and unloading equipment, boilers, and pressure vessels (hereinafter referred to as equipment) operated on ships, inland waterway vessels, offshore facilities serving oil exploration and extraction, marine oil and gas pipeline systems, equipment serving defense and security purposes, fishing vessels.

3. This Circular applies to agencies, organizations, and individuals involved in inspection, testing, importation, design, production, modification, testing, and operation of the equipment specified in Clause 1 of this Article.

2. Amending and supplementing Article 2 as follows:

"Article 2 Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Same model products are devices bearing the same brand name, design, technical specifications, and produced on the same production line.

2. Production facility refers to organizations or individuals producing or modifying equipment.

3. Design facility refers to organizations or individuals engaged in providing equipment design services according to the provisions of the law.

4. Testing facility refers to testing rooms or laboratories operating in the field of material and equipment testing as prescribed by law.

5. Technical safety inspection organization (hereinafter referred to as Inspection Organization) is an organization certified with the conditions for conducting technical safety inspections according to Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law regarding technical safety inspection activities, labor safety training, and occupational environment monitoring, and Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing related decrees concerning investment business conditions and administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs.

6. Inspection authority is the Vietnam Registration Agency or Branch Registration Office.

3. Amend and supplement Article 3 as follows:

"Article 3 Basis for Inspection and Certification

The basis for inspecting and certifying the quality and technical safety of equipment is the corresponding national technical regulations for each type of equipment as stipulated in Appendix I attached to this Circular.

4. Amending and supplementing Article 4 as follows:

"Article 4 Application for Review Documents

The application for reviewing the design of equipment production and modification includes:

1. One original or electronic declaration form for design review according to the model at Appendix IX issued together with this Circular.

2. One electronic copy of the equipment design documentation (for online submission) or three originals of the equipment design documentation (for direct submission or through postal service) as specified in the relevant national technical standards.

In cases where there are no provisions in the national technical standards, the minimum design documentation shall include:

a) For equipment production: design description; design calculation; assembly drawings and main structure drawings of the equipment; schematic diagrams of operation principles and key technical features; list of assemblies and main components with their technical parameters and functions; inspection and testing procedures for the equipment;

b) For equipment modification: design calculation description related to the modification content; overall drawings of the equipment before and after modification; assembly drawings and technical documents for the modification system; inspection and testing procedures for the equipment.

5. Amend and supplement Clause 1 and Clause 3 of Article 5 as follows:

a) Amending and supplementing Clause 1, Article 5 as follows:

"1. Procedure and method of implementation:

a) The design facility submits directly or through the postal service or online portal to the Vietnam Registration Agency one set of documents as prescribed in Article 4 of this Circular;

b) The Vietnam Registration Agency receives and checks the documents; if the documents are incomplete according to the regulations, it provides guidance for completion on the same working day (for direct submission) or within two working days (for submission through the postal service or online portal); if the documents are complete, it schedules the result delivery time;

c) The Vietnam Registration Agency conducts the design review within twenty working days from the date of receiving all documents. If the documents do not meet the requirements, it notifies the design facility in writing; if they meet the requirements, it issues the Design Review Certificate according to the model at Appendix II attached to this Circular and stamps the review seal on the design documentation;

d) The design facility collects the results directly at the Vietnam Registration Agency or through the postal service or online portal."

"3. Purchasing and selling electronic stamps for alcohol and tobacco products

"3. Fees and Charges

The fee and charge levels are determined by the Ministry of Finance, and payment of fees and charges is made according to the regulations to the issuing authority."

6. Amend and supplement Article 6 as follows:

" Article 6. Registration dossier for inspection

The registration file for inspection includes:

1. One original or one electronic declaration form of the State Inspection Registration Form for imported goods quality according to the model prescribed in Appendix III issued together with this Circular.

2. One electronic copy (for cases submitted through the public service portal) or one copy (for cases submitted directly or through the postal system) of the import dossier in accordance with the specialized inspection laws for imported goods.

7. Amend and supplement Clause 2 of Article 7 as follows:

"2. Inspection location:

At the location agreed upon between the importer organization or individual and the Inspection Authority."

8. Amend and supplement Clause 1 and Clause 3 of Article 8 as follows:

a) Amend and supplement Clause 1 of Article 8 as follows:

"1. Procedure and method of implementation:

a) The organization or individual submits one set of the registration dossier for inspection directly or through the postal system or through the public service portal to the Inspection Authority in accordance with Article 6 of this Circular (the Import Declaration Form may be submitted before equipment inspection if it is confirmed by the importer organization or individual).

b) The Inspection Authority receives and examines the dossier: If the dossier is not complete as required, it shall guide the completion immediately on the same working day (for direct submission) or within two working days (for submission through the postal system or through the public service portal); if the dossier is complete as required, it shall confirm the State Inspection Registration Form for Imported Goods Quality within one working day and agree on the inspection time and location.

c) After the organization or individual supplements the Import Declaration Form confirmed by the importer organization or individual, the Inspection Authority conducts the inspection: If satisfactory, it issues the Technical Safety Quality Certificate for Imported Equipment according to the model prescribed in Appendix V and notifies the results of the State Inspection for Imported Goods Quality according to the model prescribed in Appendix IV issued together with this Circular; if unsatisfactory, it issues the Notification of Results of the State Inspection for Imported Goods Quality according to the model prescribed in Appendix IV issued together with this Circular.

d) The organization or individual receives the results directly from the Inspection Authority or through the postal system or through the public service portal."

b) Amend and supplement Clause 3 of Article 8 as follows:

"3. Fees and Charges

The fee for service and stamp duty shall be collected according to the regulations of the Ministry of Finance and paid to the authority issuing the certificate."

9. Amend and supplement Article 9 as follows:

"Article 9. Inspection Dossier

The inspection dossier includes:

1. One original or one electronic declaration form of the Request for Inspection according to the model prescribed in Appendix X issued together with this Circular.

2. One electronic copy (for cases submitted through the public service portal) or one copy (for cases submitted directly or through the postal system) of the design dossier of the equipment that has been reviewed; list of main assemblies and parts used to produce or modify the equipment according to the model prescribed in Appendix VI issued together with this Circular, accompanied by a report of test results from the testing facility."

10. Amend and supplement Clause 1 and Clause 3 of Article 11 as follows:

a) Amend and supplement Clause 1 of Article 11 as follows:

"1. Procedure and method of implementation:

a) The organization or individual submits one set of the dossier directly or through the postal system or through the public service portal to the Inspection Authority in accordance with Article 9 of this Circular;

b) The Inspection Authority receives and examines the dossier: If the dossier is not complete as required, it shall guide the completion immediately on the same working day (for direct submission) or within two working days (for submission through the postal system or through the public service portal); if the dossier is complete as required, it shall confirm and notify the actual inspection time according to the applicant's request;

c) The Inspection Authority conducts the inspection at the production site as prescribed: If unsatisfactory, it shall prepare an inspection record detailing the reasons why the equipment does not meet the inspection requirements and notify the organization or individual; if satisfactory, it shall issue the Technical Safety Quality Certificate for Production and Modification Equipment according to the model prescribed in Appendix VII issued together with this Circular;

d) The organization or individual receives the results directly from the Inspection Authority or through the postal system or through the public service portal."

b) Amend and supplement Clause 3 of Article 11 as follows:

"3. Price and Stamp Duty:"

The fee and charge levels are determined by the Ministry of Finance, and payment of fees and charges is made according to the regulations to the issuing authority."

11. Amend and supplement the name of Section 3 as follows:

"Procedures for certifying equipment in operation and use."

12. Amend and supplement Article 12 as follows:

"Article 12. Inspection File

The inspection file includes:

1. One original or one electronic declaration form of the Inspection Request Paper in accordance with the model prescribed in Appendix X issued together with this Circular.

2. One electronic copy (for cases submitted through the public service portal) or one copy (for cases submitted directly or through the postal system) of the Certificate of Technical Safety Quality for Imported Equipment or the Certificate of Technical Safety Quality for Domestic Production or Modification Equipment or the Certificate of Inspection Results from the previous inspection. For equipment in use before the effective date of this Circular that does not have the required documents as stipulated in this clause, technical documentation or technical files of the equipment established by the design entity shall be submitted."

13. Amend and supplement Article 13 as follows:

"Article 13. Inspection Method and Location

1. Inspection method: Individual equipment inspection.

2. Inspection location: At the location agreed upon by the applicant and the Inspection Organization."

14. Amend and supplement Article 14 as follows:

"Article 14. Implementation of Inspection

1. Procedure and Method of Implementation

a) Organizations or individuals submit one set of inspection files directly, through the postal system, or through the public service portal to the Inspection Organization in accordance with Article 12 of this Circular;

b) The Inspection Organization receives and checks the file: If the file is incomplete according to the regulations, it will guide the completion on the same working day (for direct submission) or within two working days (for submission through the postal system or public service portal); if the file is complete according to the regulations, it will confirm and notify the organization or individual about the time and place of inspection;

c) The Inspection Organization conducts inspection at the agreed location: If the equipment fails, a detailed inspection report stating the reasons for non-compliance will be prepared and notified to the organization or individual; if the equipment passes, an Inspection Seal will be affixed and a Certificate of Inspection Results in accordance with the model prescribed in Appendix VIII of this Circular will be issued;

d) Organizations or individuals receive the results directly from the Inspection Organization or through the postal system or public service portal.

2. Time Limit for Resolution

The Certificate of Inspection will be issued within no more than three working days from the date of completing the inspection as prescribed.

3. Price and Fee

The fee and charge levels are determined by the Ministry of Finance, and payment of fees and charges is made according to the regulations to the issuing authority."

15. Amend and supplement Clause 6 of Article 16 as follows:

"6. Payment of service fees and payment of fees in accordance with the regulations to the agency issuing the Certificate of Inspection."

Article 2. Repeal and Replace Certain Provisions of Circular No. 35/2011/TT-BGTVT

1. Repeal Clause 5 of Article 15.

2. Repeal Appendices III.1 and III.2 issued together with Circular No. 35/2011/TT-BGTVT.

3. Replace Appendices I, II, III, IV, V, VI, VII, VIII, IX, X issued together with Circular No. 35/2011/TT-BGTVT with Appendices I, II, III, IV, V, VI, VII, VIII, IX, X issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from September 15, 2023.

2. Certificates already issued for equipment before the effective date of this Circular shall continue to be valid until their expiration dates as specified in those certificates.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Motor Vehicle Registration Agency, Heads of units under the Ministry of Transport, relevant agencies, organizations, and individuals are responsible for implementing this Circular./.