Circular No. 22/TT-LDTBXH guiding the declaration, registration, and application for permits to use machinery, equipment, materials, and substances with strict requirements for labor safety.

CIRCULAR

for use regarding declaration, registration, and application for permits to use machines, equipment, materials, and substances

with strict requirements for labor safety

_________________________

Pursuant to Articles 96, 185, and 186 of the Labor Code dated June 23, 1994;

Pursuant to Decree No. 96/CP dated December 7, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

The Ministry of Labor, Invalids, and Social Affairs guides the declaration, registration, and application for permits to use machines, equipment, materials, and substances with strict requirements for labor safety as follows:

I. OBJECTS AND SCOPE OF APPLICATION

All enterprises, agencies, organizations, and individuals (referred to collectively as facilities) using machines, equipment, materials, and substances (referred to collectively as objects) with strict requirements for labor safety listed in Appendix I attached hereto must declare, register, and apply for permits to use such objects with the State Inspectorate for Labor Safety:

- State-owned enterprises;

- Enterprises belonging to other economic sectors, cooperatives, production groups, organizations, and individuals;

- Foreign-invested enterprises, enterprises in export processing zones, industrial parks;

- Foreign agencies, organizations, or international organizations operating in Vietnam;

- Non-profit units, businesses, and services under administrative agencies, people's organizations, and other political and social organizations;

- State agencies and other political and social organizations.

II. DECLARATION, REGISTRATION, AND APPLICATION FOR PERMITS TO USE MACHINES, EQUIPMENT, MATERIALS, AND SUBSTANCES WITH STRICT REQUIREMENTS FOR LABOR SAFETY

1. Reporting:

a. Declaration is the reporting and notification by the facility to the State Inspectorate for Labor Safety under the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs of the quantity, quality, and purpose of use of objects with strict requirements for labor safety.

b. The entities required to declare include: objects listed in Appendix 1 attached hereto that have not been declared, registered, and granted permits to use, or have been declared, registered, and granted permits to use but transferred to another facility.

c. Declaration procedures.

Facilities must declare objects with strict requirements for labor safety according to the form prescribed in Appendix 2 attached hereto to the State Inspectorate for Labor Safety as follows:

- Facilities (excluding those in export processing zones) must declare objects in sequence from number 1 to 16 of the list in Appendix 1 attached hereto to the State Inspectorate for Labor Safety under the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city where the objects are stored and used to be considered for permit issuance.

- Facilities must declare objects in sequence from number 17 to 22 of the list in Appendix 1 attached hereto to the State Inspectorate for Labor Safety under the Ministry of Labor, Invalids, and Social Affairs to be considered for permit issuance.

- Facilities in export processing zones must declare all objects listed in Appendix 1 attached hereto to the State Inspectorate for Labor Safety under the Ministry of Labor, Invalids, and Social Affairs to be considered for permit issuance.

2. Application for Permit to Use

a. Application for permit to use is a mandatory administrative procedure that facilities must follow before putting into use objects listed in Appendix 1 attached hereto.

b. Objects for which facilities must apply for permits to use include:

- Objects listed in Appendix 1 attached hereto that have not been issued permits by the State Inspectorate for Labor Safety;

- Objects that have been issued permits to use but subsequently underwent major repairs, overhauls, and modifications;

- Fixed installation objects that have been issued permits but were later relocated or transferred from another facility.

c. Procedures for applying for permit to use:

Facilities submit applications for permit to use to the State Inspectorate for Labor Safety as follows:

+ First-time permit issuance:

Facilities submit first-time applications for permit to use to the State Inspectorate for Labor Safety that received their declaration forms. The application for permit to use includes:

- An application for permit to use according to the form at Appendix 3 attached hereto;

- Machine and equipment history (with accompanying drawings);

- Operating and installation procedures (if applicable) and accident handling procedures;

- Technical safety inspection report issued by the Technical Safety Inspection Center established pursuant to a decision or agreement with the Ministry of Labor, Invalids, and Social Affairs.

+ Permit renewal:

One month before expiration, facilities submit renewal applications for permit to use to the State Inspectorate for Labor Safety that issued the most recent permit. The renewal application for permit to use includes:

- A renewal application for permit according to the form prescribed in Appendix 3 attached hereto;

- The most recently issued permit to use;

- A technical safety inspection report corresponding to the time of permit renewal issued by the Technical Safety Inspection Center established pursuant to a decision or agreement with the Ministry of Labor, Invalids, and Social Affairs;

- Updated machine and equipment history (if applicable).

+ Reissuance of permit:

Reissuance of permit applies to the following cases:

- After undergoing major repairs, overhauls, and modifications in accordance with technical safety standards and regulations;

- Transferred from another facility;

- Installed at a new location after relocation.

Facilities must submit reissue applications for permit to the State Inspectorate for Labor Safety as prescribed in point c, Section 1, Part II of this Circular. The reissue application for permit includes:

- A reissue application for permit according to the form prescribed in Appendix 3 attached hereto;

- The most recently issued permit;

- Machine and equipment history (with accompanying drawings). In cases of major repairs, overhauls, or modifications, relevant technical documents must also be attached.

- Operating and installation procedures (if applicable) and accident handling procedures;

- The technical safety inspection report of the Technical Safety Inspection Center established pursuant to a decision or by agreement with the Ministry of Labor, Invalids and Social Affairs.

3. Registration and issuance of permits for use

a. Within twenty days from the date of receipt of complete application files for permit issuance from the establishment, the State Inspectorate for Labor Safety shall examine, register, and issue the permit. In cases where the conditions for issuing the permit are not met, the State Inspectorate for Labor Safety shall notify the establishment in writing, specifying the reasons so that the establishment can rectify the deficiencies.

b. Permit for use.

The permit for use issued by the State Inspectorate for Labor Safety is the permit promulgated together with Decision No. 1407/QĐ-LĐTBXH dated November 8, 1996 of the Ministry of Labor, Invalids and Social Affairs.

Permits issued by the State Inspectorate for Labor Safety prior to the issuance of this Circular remain valid until their expiration date.

III. IMPLEMENTATION

1. The State Inspectorate for Labor Safety under the Ministry of Labor, Invalids and Social Affairs is responsible for:

a. Organizing the implementation of registration and permit issuance according to the authority granted in this Circular.

b. Guiding, inspecting the registration and permit issuance activities of the State Inspectorates for Labor Safety under the Departments of Labor, Invalids and Social Affairs.

c. Periodically compiling reports to the leadership of the Ministry of Labor, Invalids and Social Affairs on the situation of registration and permit issuance nationwide. 2. The Departments of Labor, Invalids and Social Affairs are responsible for directing the State Inspectorates for Labor Safety under their Departments to perform the following tasks:

a. Organizing the implementation of registration and permit issuance according to the authority granted in this Circular.

b. Guiding, urging, and inspecting the declaration of registration and application for use permits for establishments within their localities.

c. Reporting quarterly to the State Inspectorate for Labor Safety under the Ministry of Labor, Invalids and Social Affairs on the situation of declarations, registrations, and issuance of use permits in their localities.

For the time being, those Departments of Labor, Invalids and Social Affairs in localities that are unable to carry out the tasks stipulated in Clause 2, Section III of this Circular must report to the Ministry of Labor, Invalids and Social Affairs. These tasks will be carried out by the State Inspectorate for Labor Safety under the Ministry of Labor, Invalids and Social Affairs.

Ministries, sectors, and localities are responsible for directing and urging establishments under their jurisdiction to comply with the declaration, registration, and application for use permits as prescribed in this Circular.

This Circular takes effect from the date of signature.

Previous regulations regarding declarations, registrations, and issuance of use permits for objects with strict requirements for labor safety are hereby abolished.