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

CIRCULAR

Regulations and guidance on procedures for registering and inspecting various types of machines, equipment, materials, and substances with strict requirements for labor safety and hygiene.

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 certain provisions of the Labor Code regarding labor safety and hygiene; after receiving comments from the Ministry of Health, the Ministry of Justice, the Ministry of Home Affairs, and relevant agencies, the Ministry of Labor, Invalids and Social Affairs hereby provides regulations and guidance on procedures for registering and inspecting various types of machines, equipment, materials, and substances with strict requirements for labor safety and hygiene as follows:

I. SCOPE AND APPLICABLE SUBJECTS

Enterprises, agencies, organizations, and individuals (collectively referred to as facilities) that use machines, equipment, materials, and substances with strict requirements for labor safety and hygiene (collectively referred to as objects) listed in Appendix 1 attached to this circular and Appendix attached to Circular No. 05/1999/TT-BYT dated March 27, 1999 issued by the Ministry of Health guiding the declaration, registration, and issuance of certificates for the use of substances with strict requirements for occupational hygiene must register and inspect before putting them into use:

- State-owned enterprises established and operating under the Law on Enterprises include:

Production and business enterprises, public service enterprises, and enterprises belonging to armed forces;

- Enterprises established and operating under the Law on Enterprises include: Limited liability companies; joint-stock companies, partnerships, and private businesses;

- Foreign-invested enterprises established and operating under the Law on Investment in Vietnam include: Joint ventures and wholly foreign-owned enterprises;

- Enterprises of economic organizations, political-social organizations;

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

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

Semi-public, privately-established, and private entities 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 is the examination, testing, and analysis conducted by the inspection agency to assess the safety status of various types of machines, equipment, materials, and substances with strict requirements for labor safety and hygiene according to national standards and regulations on labor safety and hygiene.

The inspection procedure is stipulated as follows:

1. For facilities

a) Directly request the inspection agency to conduct inspections when there is a need to inspect objects.

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 inspection agencies

a) Upon receiving a request from a facility, they must conduct the inspection no later than ten working days. In case they cannot fulfill the request, they must notify the facility in writing within five working days from the date of receipt, stating the reasons;

b) Conduct inspections of objects in accordance with the inspection procedures issued by the Ministry of Labor, Invalids and Social Affairs and national standards and regulations on labor safety and hygiene.

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, the inspection agency must issue an inspection result certificate (two copies) to the facility no later than five days from the date of announcing the inspection record;

e) During the inspection, if any risks leading to accidents are discovered, the inspection must be stopped, and the facility must be informed to take corrective measures;

g) If during the inspection, there is a violation of the inspection procedures, national standards, and regulations on labor safety and hygiene, causing material damage to the facility, 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 facility's main office is located; 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 facilities

a) Within no more than five days from the date of receipt of the inspection result certificate, submit the registration dossier to the Department of Labor, Invalids and Social Affairs for registration.

b) The registration dossier includes:

- A registration form according to the model prescribed in Appendix 3 attached to this circular;

- An object history according to the model prescribed in national standards and regulations on labor safety and hygiene (for substances with strict requirements for occupational hygiene and industrial explosives according to the model prescribed in Appendix 4 attached to this circular);

- An 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 renovation or repair alters the technical parameters of the registered object, re-inspection and re-registration are necessary.

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

b) Not later than ten working days from the date of receiving all valid documents, proceed to register (according to the prescribed registration book in Appendix 6 attached hereto), sign and stamp on the sections reserved for the registration authority in the subject's record (for substances with strict occupational safety requirements and industrial explosives, sign and stamp at the bottom of the summary record). After completing the above procedures, issue a registration certificate to the entity according to the model prescribed in Appendix 7 attached hereto and return the subject's record to the entity; collect back the receipt for the registration dossier previously issued.

In case the subject does not meet the registration criteria, notify the entity in writing and specify the reasons according to the model prescribed in Appendix 8 attached hereto.

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 occupational safety and hygiene.

d) For subjects that have been registered and granted usage permits before the effective date 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 request of the entity;

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 subject is registered on the inspection situation according to the model prescribed in Appendix 9 attached hereto.

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

a) Implementing registration according to the authority prescribed in this circular, creating favorable conditions for entities to expedite registration procedures;

b) Inspecting and supervising the inspection and use of subjects within its management scope;

c) Uniformly managing registration certificates according to the model prescribed 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 prescribed in Appendix 10 attached hereto.

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

a) Assisting the Ministry in uniformly managing the State's affairs regarding registration and inspection; prescribing the model of the registration certificate;

b) Organizing propaganda, 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, agencies under the Government, People's Committees of provinces and centrally-administered cities 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 usage permits for various types of machinery, equipment, materials, and substances with strict occupational safety requirements.

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