Circular No. 23/2003/TT-BLDTBXH on guiding procedures for registering and inspecting various types of machines, equipment, materials, and substances with strict requirements for labor safety and hygiene.

CIRCULAR

Regarding the issuance of guidance on procedures for registration and inspection of machinery, equipment, materials, and substances with strict requirements for occupational safety and health

Implementing Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing some provisions of the Labor Code on occupational safety and health; following the comments from the Ministry of Health, the Ministry of Justice, the Ministry of Home Affairs, and other relevant agencies, the Ministry of Labor, Invalids and Social Affairs hereby issues and guides the procedures for registration and inspection of machinery, equipment, materials, and substances with strict requirements for occupational safety and health as follows:

I. SCOPE AND APPLICABLE ENTITIES

Enterprises, agencies, organizations, and individuals (collectively referred to as entities) that use machinery, equipment, materials, and substances with strict requirements for occupational safety and health (collectively referred to as objects) listed in Appendix 1 attached hereto by the Ministry of Labor, Invalids and Social Affairs and in the appendix attached to Circular No. 05/1999/TT-BYT dated March 27, 1999 of the Ministry of Health guiding the declaration, registration, and issuance of certificates for the use of substances with strict requirements for occupational health must register and inspect before putting them into use:

- Enterprises established and operating under the Law on State-Owned Enterprises, including production and business enterprises; public welfare enterprises; enterprises belonging to the armed forces;

- Enterprises established and operating under the Enterprise Law, including limited liability companies; joint-stock companies; partnerships; private enterprises;

- Enterprises established and operating under the Law on Foreign Investment in Vietnam, including joint ventures and wholly foreign-owned enterprises;

- Enterprises of political organizations and political-social organizations;

- Individual households engaged in production and business, cooperatives, cooperatives, and individuals;

- Administrative agencies, public institutions, political organizations, political-social organizations, social-professional organizations, and other social organizations, including those permitted to engage in production, business, and services within administrative agencies, public institutions, the Party, mass organizations, and self-financed people's associations;

- Semi-public, privately-run, and private establishments in cultural, health, education, training, scientific, sports, and other public service sectors;

- Commune, ward, and town health stations;

- Agencies, organizations, and individuals from foreign countries or international organizations stationed in Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

II. INSPECTION

Inspection involves the examination, testing, and analysis conducted by the inspection agency to assess the safety status of machinery, equipment, materials, and substances with strict requirements for occupational safety and health according to national standards and regulations on occupational safety and health.

The inspection procedures are stipulated as follows:

1. For entities

a. Directly request the inspection agency to conduct inspections when there is a need to inspect the object;

b. Provide technical documents related to the inspected object and appoint a representative to witness the inspection process;

c. Rectify any conditions that do not ensure safety related to the inspection work.

2. For the inspection agency

a. Upon receiving the entity's request, must conduct the inspection no later than 10 working days. In case it cannot fulfill the entity's request, it must respond in writing to the entity no later than 5 working days from the date of receipt, stating the reasons;

b. Conduct the inspection of the object strictly in accordance with the inspection procedures issued by the Ministry of Labor, Invalids and Social Affairs and national standards and regulations on occupational safety and health;

c. Prepare an inspection record and fully document the inspection results in the object's history;

d. When the object meets the safety conditions for use, issue the Inspection Result Certificate (two copies) to the entity no later than 5 days from the date of announcing the inspection record, according to the model specified in Appendix 2 attached hereto;

e. During the inspection, if any risks leading to accidents are discovered, immediately stop the inspection, inform the entity, and take measures to rectify the situation;

g. If during the inspection, the inspection procedures, national standards, and regulations on occupational safety and health are violated, causing material damage to the entity, compensation must be provided according to the law.

III. REGISTRATION

Registration procedures are as follows: For mobile objects, registration shall be made at the Department of Labor, Invalids and Social Affairs where the entity has its main office; for fixed objects, registration shall be made at the Department of Labor, Invalids and Social Affairs where the object is installed and used. Registration shall only be carried out once before the object is put into use.

1. For entities

a. Within no more than 5 days from the date of receipt of the Inspection Result Certificate, submit the registration dossier to the local Department of Labor, Invalids and Social Affairs for registration;

b. The registration dossier includes:

- A registration form according to the model specified in Appendix 3 attached hereto;

- An object history according to the models specified in national standards and regulations on occupational safety and health (for substances with strict requirements for occupational health and industrial explosives according to the model specified in Appendix 4 attached hereto);

- The Inspection Result Certificate (for industrial explosives, a copy of the "Permit for the Use of Industrial Explosives" is required).

c. When ownership changes, re-registration is required; when the object undergoes renovation or repair that alters its technical parameters, re-inspection and re-registration are required.

2. For the Department of Labor, Invalids and Social Affairs

a. After receiving the registration dossier, issue a registration dossier receipt to the entity according to the model specified in Appendix 5 attached hereto.

b. Not later than ten working days from the date of receiving complete and valid files, registration must be conducted (the registration book model is stipulated in Appendix 6 attached to this Circular), sign and stamp in the section reserved for the registration authority in the subject's record (for substances with strict labor safety requirements and industrial explosives, sign and stamp at the bottom of the summary record). After completing these procedures, issue a registration certificate to the entity according to the model specified in Appendix 7 attached to this Circular and return the subject's record to the entity; collect back the receipt of the registration file previously issued.

In case the subject does not meet the conditions for registration, it is necessary to notify the entity in writing and specify the reasons according to the model stipulated in Appendix 8 attached to this Circular.

IV. IMPLEMENTATION

1. The entity shall be responsible for:

a. Reviewing subjects that must be registered and inspected within its management scope to implement registration and inspection in accordance with the provisions of this Circular;

b. Annually preparing plans for inspecting subjects to request the inspection authority to conduct inspections;

c. Managing and using subjects in compliance with national standards and regulations on labor safety and hygiene;

d. For subjects that have been registered and granted usage permits before the effectiveness of this Circular and are still within their validity period, they may continue to be used. When the subjects exceed their validity period, registration and inspection must be carried out in accordance with the provisions of this Circular.

2. Inspection authorities shall be responsible for:

a. Organizing timely inspections upon the requests of entities;

b. Reporting quarterly (before the fifth day of the first month of each quarter) to the Department of Labor, Invalids and Social Affairs where the subjects are registered on the inspection status according to the model stipulated in Appendix 9 attached to this Circular.

3. The Department of Labor, Invalids and Social Affairs shall be responsible for:

a. Conducting registration within the authority prescribed in this Circular, creating favorable conditions for entities to quickly handle registration procedures;

b. Inspecting and supervising the implementation of inspections and the use of subjects within its management scope;

c. Uniformly managing registration certificates according to the model stipulated in this Circular; reporting semi-annually (before July 20th) and annually (before January 31st of the following year) to the Ministry of Labor, Invalids and Social Affairs on the registration and inspection situation in the locality according to the model stipulated in Appendix 10 attached to this Circular.

4. The General Directorate of Occupational Safety and Health shall be responsible for:

a. Assisting the Ministry in uniformly managing the State's registration and inspection; specifying the model of the registration certificate;

b. Organizing publicity, guidance, and supervision of the implementation of this Circular;

c. Reporting periodically every six months and annually to the leadership of the Ministry of Labor, Invalids and Social Affairs on the registration and inspection situation nationwide.

5. Ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government shall be responsible for directing and urging entities within their management scope to comply with the provisions of this Circular.

This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 22/TT-LĐTBXH dated November 8, 1996 of the Ministry of Labor, Invalids and Social Affairs guiding the declaration, registration, and application for permits to use various types of machines, equipment, materials, and substances with strict labor safety requirements.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for research and resolution.