Circular No. 35/2009/TT-BCT stipulates conditions for the operation of organizations conducting technical safety inspection.

CIRCULAR

Provisions on conditions for operation of technical safety inspection organizations

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain articles of the Law on Standards and Technical Regulations

The Ministry of Industry and Trade stipulates the conditions for operation of technical safety inspection organizations for pressure equipment and lifting equipment listed in the Catalogue of machinery and equipment with strict requirements for labor safety as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the conditions for operation of technical safety inspection organizations for pressure equipment and lifting equipment listed in the Catalogue of machinery and equipment with strict requirements for labor safety under the management of the Ministry of Industry and Trade.

Article 2. Applicability

This Circular applies to technical safety inspection organizations when conducting technical safety inspections of pressure equipment and lifting equipment listed in the Catalogue of machinery and equipment with strict requirements for labor safety under the management of the Ministry of Industry and Trade (hereinafter referred to as TCKĐ) and organizations and individuals related to the activities of TCKĐ.

Article 3. Conditions for Operation of TCKĐ

1. TCKĐ must have legal personality and functions and tasks of technical safety inspection as prescribed by law;

2. TCKĐ must ensure the minimum conditions prescribed from Article 4 to Article 10 of this Circular.

Chapter II

TECHNICAL INFRASTRUCTURE

Article 4. Inspection Facilities

TCKĐ must have inspection facilities ensuring operations and maintenance of equipment used for inspection work.

Article 5. Inspection Equipment

TCKĐ must have sufficient inspection equipment for each field of inspection. The equipment must meet quality standards, be tested, calibrated within their usage period, and undergo regular technical maintenance as prescribed.

Minimum mandatory equipment for inspection work is specified according to the field of inspection as follows:

1. Equipment for inspecting pressure equipment

a) Hydraulic test pump;

b) Sample pressure gauge, various types of pressure gauges;

c) Metal thickness measuring device;

d) Ultrasonic testing equipment for weld defect detection;

đ) Magnetic particle, eddy current, and penetrant testing equipment for metal defect detection;

e) Borescope testing equipment;

g) Radiographic imaging equipment;

h) Geometric dimension checking tools and means;

i) Light intensity measuring device;

k) Ground resistance measuring device;

l) Temperature measuring device;

m) Gas concentration measuring device;

n) Noise level measuring device.

2. Equipment for inspecting lifting equipment

a) Surveying instrument;

b) Speedometer;

c) Distance measuring device;

d) Force meter;

đ) Geometric dimension checking tools and means;

e) Ultrasonic testing equipment for weld defect detection;

g) Magnetic particle testing equipment for metal defect detection;

h) Radiographic imaging equipment;

i) Ground resistance measuring device;

k) Insulation resistance measuring device;

l) Clamp ammeter.

Article 6. Inspection Procedures

1. TCKĐ must have technical safety inspection procedures for pressure equipment and lifting equipment consistent with National Technical Regulations, technical safety inspection procedures for pressure equipment and lifting equipment issued by the Ministry of Industry and Trade;

2. For pressure equipment and lifting equipment without technical safety inspection procedures issued by the Ministry of Industry and Trade, TCKĐ must conduct inspections based on the provisions of Vietnamese standards and technical regulations, and internationally recognized standards.

Article 7. Quality Management System

The Inspection and Certification Organizations establish and maintain a quality management system in accordance with TCVN ISO 9001:2008.

Chapter III

ORGANIZATION AND STAFF OF THE INSPECTION ORGANIZATION

Article 8. Positions within the Inspection Organization

Positions within the Inspection and Certification Organizations include: Director; Deputy Director; Heads of Departments (if any); Chief Inspector, Inspector; Technical Inspector.

Article 9. Qualifications for Positions within the Inspection Organization

1. The Director must have a bachelor's degree; the Deputy Director and Heads of Departments directly managing inspection activities must have a bachelor's degree in a relevant field related to the inspection area, with at least five years of technical safety inspection experience.

2. Chief Inspectors, Inspectors, and Technical Inspectors in technical safety must be civil servants, fully meeting the criteria for the technical safety inspector civil service rank. Chief Inspectors and Inspectors in pressure equipment technical safety must hold a minimum level 1 Non-Destructive Testing (NDT) certificate.

3. At any given time, Chief Inspectors, Inspectors, and Technical Inspectors in technical safety may only conduct inspection activities for one Inspection and Certification Organization.

4. Chief Inspectors and Inspectors in technical safety for pressure equipment or lifting equipment must hold a Technical Safety Inspector Certificate for Pressure Equipment or Lifting Equipment issued by the Department of Technical Safety and Environmental Protection Industry (Annex 3).

Article 10. Number of Technical Safety Inspectors

For pressure equipment inspection areas and lifting equipment inspection areas, Inspection and Certification Organizations must have at least eight inspectors for each inspection area.

Chapter IV

IMPLEMENTATION

Article 11. Responsibilities of the Department of Technical Safety and Environmental Protection Industry

The Department of Technical Safety and Environmental Protection Industry is responsible for leading and coordinating with relevant agencies to:

1. Guide and organize the implementation of the provisions of this Circular;

2. Conduct examinations and issue Technical Safety Inspector Certificates (the examination content is detailed in Annex 4);

3. Receive registration files and inspect the conditions for conducting technical safety inspections of Inspection and Certification Organizations;

4. Annually, in January and July, report to the Ministry of Industry and Trade to publish a list of Inspection and Certification Organizations that meet the conditions to perform technical safety inspections of pressure equipment and lifting equipment in the list of machinery and equipment with strict requirements for labor safety under the management of the Ministry of Industry and Trade on the Ministry’s website.

5. Regularly or unexpectedly inspect Inspection and Certification Organizations that have been published according to Clause 4 of this Article; if they find that an Inspection and Certification Organization does not meet the conditions, it must supplement within three months from the date of inspection. After three months, if the Inspection and Certification Organization cannot rectify, it will be removed from the published list of Inspection and Certification Organizations that meet the conditions to perform technical safety inspections of pressure equipment and lifting equipment.

Article 12. Responsibilities of Inspection Organizations

Inspection and Certification Organizations are responsible for:

1. Registering their activities in technical safety inspections of pressure equipment and lifting equipment in the list of machinery and equipment with strict requirements for labor safety under the management of the Ministry of Industry and Trade at the Ministry of Industry and Trade (through the Department of Technical Safety and Environmental Protection Industry);

2. Implementing, maintaining, and meeting the conditions stipulated in this Circular;

3. Organizing technical safety inspections in accordance with the Technical Safety Inspection Procedures, Technical Safety Standards, and Specifications;

4. Annually reporting on inspection activities (statistical data on inspected equipment; maintenance and compliance with stipulated conditions) and submitting to the Ministry of Industry and Trade (through the Department of Technical Safety and Environmental Protection Industry) before December 31.

Article 13. Implementation Provisions

1. This Circular takes effect from January 30, 2010.

2. During implementation, if any issues arise or difficulties occur, organizations and individuals should report them to the Ministry of Industry and Trade for timely consideration and resolution./.