Circular No. 32/2011/TT-BLDTBXH guiding the implementation of technical safety inspections for various types of machines, equipment, and materials with strict requirements for labor safety.

CIRCULAR

Guidelines for conducting technical safety inspections for various types of machinery, equipment, and materials with strict requirements for labor safety

equipment and materials with strict requirements for labor safety

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Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on labor safety and hygiene, and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 06/CP;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

The Ministry of Labor, Invalids and Social Affairs issues guidelines for conducting technical safety inspections for various types of machinery, equipment, and materials with strict requirements for labor safety as follows:

Article 1. Scope of Regulation and Applicability

These guidelines provide guidance for conducting technical safety inspections for various types of machinery, equipment, and materials with strict requirements for labor safety for enterprises, agencies, organizations, and individuals (collectively referred to as establishments) that use such machinery, equipment, and materials with strict requirements for labor safety according to the list attached as Appendix 01 to these guidelines (collectively referred to as inspected objects) and organizations engaged in technical safety inspection services and relevant agencies involved in technical safety inspection services.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

Article 1. Technical Safety Inspection (referred to as inspection) is a technical activity conducted through an inspection process aimed at evaluating and confirming the compliance of the technical safety status of inspected objects with the technical standards or corresponding technical specifications applicable to the inspected objects.

2. Organizations engaged in technical safety inspection services (referred to as inspection units) are organizations registered to conduct technical safety inspection services for machinery and equipment with strict requirements for labor safety, ensuring conditions as stipulated by the Ministry of Labor, Invalids and Social Affairs.

Article 3. Responsibilities of Establishments Using Inspected Objects

1. Establishments notify the inspection unit in writing, by telephone, fax, or email of their initial, periodic, or extraordinary inspection needs for inspected objects.

2. Prepare all relevant technical documents related to inspected objects to provide to inspectors and appoint a representative to witness the inspection process.

3. Address any unsafe conditions related to the inspection work, prepare, and create conditions for the inspection unit to carry out the inspection.

4. Report immediately to the Provincial Department of Labor, Invalids and Social Affairs where the inspected object is located if the inspection unit refuses to proceed with the inspection so that timely support measures can be taken.

5. Develop an annual inspection plan for inspected objects.

6. Manage and use inspected objects in accordance with national technical standards and national standards on labor safety.

Article 4. Responsibilities of Inspection Units

1. Within four working days from the date of receiving the inspection request from the establishment, the inspection unit must agree with the establishment on the inspection process or must notify in writing and specify the reasons in case the inspection cannot be carried out.

2. The inspection unit is only permitted to conduct initial inspections for imported inspected objects after completing customs procedures; for domestically produced inspected objects that have been certified and registered as compliant.

3. The inspection unit conducts inspections in accordance with national technical standards (inspection procedures for technical safety) issued by the Ministry of Labor, Invalids and Social Affairs or relevant ministries managing specific sectors and fields. For inspected objects without national technical standards, the inspection unit may base its inspections on international technical standards, technical specifications, or inspection procedures recognized by Vietnam.

4. The inspection unit must affix its inspection label on inspected objects that meet the requirements (except those specified in Point 6 and electric hoists specified in Point 14 of Appendix 01 of this Circular); within five working days from the date of announcing the inspection report, it must issue the establishment an Inspection Result Certificate (one copy); the format of the Inspection Result Certificate is provided in Appendix 02 attached to this Circular.

5. During the inspection process, if any potential hazards leading to accidents are discovered, the inspection must be stopped, and the establishment must be informed to take corrective actions.

6. If the inspection unit violates the inspection procedure and causes damage to the establishment, it shall bear responsibility for compensation according to the extent of the damage as stipulated by law.

7. Annually (before July 5) and every six months (before January 10 of the following year), the inspection unit has the responsibility to:

a) Report on the inspection activities in the locality to the Provincial Department of Labor, Invalids and Social Affairs using the reporting form provided in Appendix 03 attached to this Circular.

b) Report on inspection activities in various localities to the Ministry of Labor, Invalids and Social Affairs (Department of Occupational Safety and Health) using the reporting form provided in Appendix 04 attached to this Circular.

8. Inspection Label

a) The inspection label has a shape, size, color, and information printed on it as specified in Appendix 05 attached to this Circular.

b) The inspection label may be enlarged or reduced in size to fit the inspected object but must maintain the correct ratio and be easily recognizable by the naked eye.

c) The inspection label must be affixed to the inspected object or hung in a visible and readable location; the label must be made of material that does not easily fade or peel off.

9. Register the logo and samples of various types of inspection labels with the Department of Occupational Safety and Health, Ministry of Labor, Invalids and Social Affairs.

Article 5. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. The Department of Labor, Invalids and Social Affairs shall coordinate with relevant agencies to disseminate, guide establishments using the objects under inspection on their territory to implement this Circular.

2. Inspect, monitor, and handle violations in the field of inspection within its authority.

3. Report on the situation of technical safety equipment inspection activities in the locality to the Ministry of Labor, Invalids and Social Affairs when requested.

Article 6. Responsibilities of the General Directorate of Occupational Safety and Health

1. Assist the Minister of Labor, Invalids and Social Affairs in uniformly managing state administration over technical safety equipment inspection activities.

2. Compile and submit to the Minister of Labor, Invalids and Social Affairs for issuance the list of types of machines, equipment, and materials with strict requirements for occupational safety.

3. Coordinate with the Department of Labor, Invalids and Social Affairs to organize guidance and monitoring of the implementation of this Circular.

4. Annually report on the inspection situation nationwide.

Article 7. Responsibilities of Ministries, Agencies at the Ministerial Level, Government Agencies, Chairpersons of Provincial People's Committees under Central Government Direct Control

1. Shall be responsible for directing and urging establishments within their management scope to comply with the provisions of this Circular.

2. Study and propose to the Ministry of Labor, Invalids and Social Affairs to amend and supplement the list of types of machines, equipment, and materials with strict requirements for occupational safety.

Article 8. Effective Date

1. This Circular takes effect from January 1, 2012.

2. Repeal Circular No. 04/2008/TT-BLDTBXH dated February 27, 2008 of the Ministry of Labor, Invalids and Social Affairs guiding procedures for registration and inspection of types of machines, equipment, and materials with strict requirements for occupational safety.

3. Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.