Circular No. 35/2011/TT-BGTVT stipulates procedures for issuing certificates of technical quality and safety for loading and unloading equipment, boilers, and pressure vessels used in transportation.

CIRCULAR

Regulations on procedures for issuing certificates of technical quality and safety for cargo handling equipment, boilers, pressure vessels used in transportationFor the purpose of transportation

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Pursuant to the Law on Product Quality dated November 21, 2007;

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby promulgates the following:

PART I

GENERAL PROVISIONS

1. These Circulars regulate the procedures for issuing certificates of technical quality and safety related to management, inspection, importation, design, production, modification, testing, and operation of cargo handling equipment, boilers, and pressure vessels (hereinafter referred to as equipment) used in transportation (at ports, airports, facilities for producing and repairing waterway, railway, road transport vehicles, bridges, air transport, marine works; automobile tanks, containers, cylinders, gas systems, liquefied gas systems...) throughout the country.

2. These Circulars shall not apply to equipment used for exploitation on ships, marine works, equipment specified in Circular No. 23/2009/TT-BGTVT on inspection of technical quality and environmental protection for specialized motorcycles, and equipment of the military and police used for national defense and security purposes.

3. These Circulars shall apply to agencies, organizations, and individuals involved in management, inspection, importation, design, production, modification, testing, and operation of the equipment mentioned in Clause 1 of this Article.

In this Circular, the following terms shall be understood as follows:

1. Same model products are equipment bearing the same brand name, design, and having identical technical specifications produced on the same production line.

2. Production facility are organizations and individuals engaged in manufacturing, assembly, repair, and modification of equipment that have been evaluated and certified by the Vietnam Registration Agency.

3. Design entity is an organization or individual conducting business in designing equipment according to current regulations.

4. Testing Facility are stations for testing and laboratories of organizations and individuals operating in the field of inspection, maintenance, and testing of materials and equipment that have been evaluated and certified or accepted by the Vietnam Registration Agency.

The design of equipment, imported equipment, manufactured, assembled, modified, and operated must be reviewed, inspected, and issued a certificate of technical quality and safety by the Vietnam Registration Agency.

The basis for inspecting and issuing certificates of technical quality and safety for equipment and entities includes technical standards, relevant legal provisions, and equivalent standards stipulated to ensure corresponding technical quality and safety for each type of equipment listed in Appendix I of these Circulars.

Chapter II

PROCEDURES FOR ISSUING CERTIFICATES OF DESIGN REVIEW

The application dossier for design review for equipment in production, assembly, and modification includes:

1. A request for design review in accordance with the form at Appendix IX of these Circulars;

2. The design dossier of the equipment established in three copies (original) in accordance with the relevant standards and technical regulations. In cases where there are no such provisions in the standards and technical regulations, the minimum design dossier shall include:

a) For equipment in production and assembly:

- Design description;

- Design calculation;

- General and main structural drawings of the equipment;

- Schematic diagram of operation and main technical characteristics;

- List of assemblies and main components with their technical specifications and features;

- Inspection and test procedures.

b) For modified equipment:

- Calculation and design description related to the modification content;

- Overall drawings of the equipment before and after modification;

- Drawings and technical documentation for assemblies and systems for modification;

- Inspection and test procedures.

Article 5. Implementation of review

a) The design entity shall prepare one set of documents for the design review as prescribed in Article 4 of this Circular and submit it directly or through the postal service to the Vietnam Vehicle Inspection Center.

b) The Vietnam Vehicle Inspection Center shall receive and examine the documents: If the documents are incomplete according to the regulations, it shall guide the design entity to complete them; if the documents are complete according to the regulations, it shall issue a notice of the time to deliver the result.

c) The Vietnam Vehicle Inspection Center shall conduct the design review: If the documents do not meet the requirements, it shall notify the design entity in writing; if they meet the requirements, it shall issue a certificate of design review according to the model at Appendix II of this Circular along with one set of reviewed design documents to the design entity.

2. Time limit for processing:

The certificate of design review shall be issued within three working days after completing the review and achieving the required results.

The level of fees and charges shall be in accordance with the regulations of the Ministry of Finance and shall be paid directly or transferred to the issuing authority.

Chapter III

PROCEDURE FOR INSPECTION AND ISSUANCE OF CERTIFICATES FOR EQUIPMENT

Section 1

PROCEDURE FOR INSPECTION AND ISSUANCE OF CERTIFICATES FOR IMPORTED EQUIPMENT

The registration file for inspection includes:

1. Application for quality and technical safety inspection of imported equipment according to the model at Appendix III and detailed list of imported equipment according to the model at Appendix III.1 of this Circular;

2. Photocopy of the import declaration form for goods with confirmation from the importing organization or individual;

3. Photocopy of the purchase invoice or equivalent document;

4. Technical documentation on the basic features of the imported equipment provided by the manufacturer (original or photocopy) or registration of technical parameters of imported equipment established by the importing organization or individual according to the model at Appendix III.2 of this Circular;

5. Original quality certificate (Q/C) issued by the manufacturer for unused imported equipment.

Article 7. Method and location of inspection

1. Inspection Methods:

Equipment with complete documents as stipulated in Article 6 of this Circular shall be inspected to confirm the conformity of the equipment with the registered inspection documents according to the following method:

a) For unused equipment, inspect one unit randomly selected from a batch of similar equipment;

b) For used equipment, inspect each unit individually.

At the location agreed upon between the importing organization or individual and the Vietnam Vehicle Inspection Center.

Article 8. Implementation of issuance of certificates

a) The organization or individual shall prepare one set of inspection registration documents as specified in Article 6 (documents mentioned in Clause 2 of Article 6 may be submitted before the equipment inspection) of this Circular and submit it directly or through the postal service to the Vietnam Vehicle Inspection Center.

b) The Vietnam Vehicle Inspection Center shall receive and examine the documents: If the documents are incomplete according to the regulations, it shall guide the organization or individual to complete them; if the documents are complete according to the regulations, it shall confirm the application for quality and technical safety inspection of imported equipment according to the model at Appendix III of this Circular within one working day and agree on the inspection time and location.

c) After the organization or individual supplements the documents mentioned in Clause 2 of Article 6 of this Circular, the Vietnam Vehicle Inspection Center shall conduct the inspection: If it does not meet the requirements, it shall issue a notification of non-compliance with quality and technical safety standards for imported equipment according to the model at Appendix IV of this Circular; if it meets the requirements, it shall issue a certificate of quality and technical safety for imported equipment according to the model at Appendix V of this Circular.

2. Time limit for processing:

The certificate of quality and technical safety for imported equipment or the notification of non-compliance with quality and technical safety standards for imported equipment shall be issued within three working days after completing the inspection according to the regulations.

The level of fees and charges shall be in accordance with the regulations of the Ministry of Finance and shall be paid directly or transferred to the issuing authority.

Section 2

PROCEDURE FOR INSPECTION AND ISSUANCE OF CERTIFICATES FOR EQUIPMENT IN PRODUCTION AND REPAIR

The inspection dossier includes:

1. Request for inspection according to the model at Appendix X of this Circular;

2. Design documents of the equipment that have been reviewed;

3. Documentation on production technology process and quality control process of the equipment;

4. List of main assemblies and components used to produce the equipment according to the model at Appendix VI of this Circular accompanied by a report on the testing results of the testing entity.

Article 10. Method and location of inspection

1. Inspection Methods:

a) For single production or conversion equipment: Inspect each individual piece of equipment;

b) For series production or conversion equipment: Inspect one randomly selected piece from the batch of similar equipment that has been quality-checked by the production facility.

2. Inspection Location: At the production facility.

Article 11. Implementation of Inspection

a) Organizations and individuals prepare one set of files as specified in Article 9 of this Circular and submit them directly or through the postal system to the Vietnam Registration Agency.

b) The Vietnam Registration Agency receives and reviews the files: If the files are not complete as required, guide organizations and individuals to complete them; if the files are complete as required, issue a notice for inspection according to the applicant's request regarding the actual inspection time.

c) The Vietnam Registration Agency conducts inspections at the production facility as prescribed: If the equipment does not meet the requirements, notify the organization or individual; if it meets the requirements, issue a certificate of production, assembly, and conversion equipment according to the model in Appendix VII of this Circular.

2. Time limit for processing:

The certificate will be issued within three working days after completing the inspection as prescribed.

The level of fees and charges shall be in accordance with the regulations of the Ministry of Finance and shall be paid directly or transferred to the issuing authority.

PROCEDURES FOR INSPECTION AND ISSUANCE OF EQUIPMENT QUALITY SAFETY CERTIFICATES IN USE

The inspection dossier includes:

1. Request for inspection according to the model at Appendix X of this Circular;

2. A quality safety technical certificate for imported equipment as stipulated in Clause 1, Article 8 or a quality safety technical certificate for produced or converted equipment as stipulated in Clause 1, Article 11 or a quality safety technical certificate for previous inspections during operation;

3. Technical documentation or technical files of the equipment established by organizations or individuals with legal capacity for equipment in use before the effective date of this Circular and without the documents mentioned in Clause 2 of this Article.

1. Inspection Method: Inspect each individual piece of equipment.

2. Inspection Location: At the location agreed upon by the file submitter and the Vietnam Registration Agency.

1. Procedure and Method of Implementation

a) Organizations and individuals complete one set of files as specified in Article 12 of this Circular and submit them directly or through the postal system to the Vietnam Registration Agency.

b) The Vietnam Registration Agency receives and reviews the files: If the files are not complete as required, guide organizations and individuals to complete them; if the files are complete as required, issue a notice for inspection according to the applicant's request regarding the actual inspection time and location.

c) The Vietnam Registration Agency conducts inspections at the agreed-upon location: If the equipment does not meet the requirements, notify the organization or individual; if it meets the requirements, issue a technical safety certificate according to the model in Appendix VIII of this Circular.

2. Time Limit for Resolution

The certificate will be issued within three working days after completing the inspection as prescribed.

3. Fees and charges

The level of fees and charges shall be in accordance with the regulations of the Ministry of Finance and shall be paid directly or transferred to the issuing authority.

Chapter IV.

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 15. Responsibilities of the Vietnam Inspectorate Bureau

1. Uniformly manage, organize, and implement inspection work for issuing certificates for equipment.

2. Develop and promulgate related procedural guidance documents for inspection work for issuing certificates for equipment within their authority.

3. Uniformly print, manage, and distribute stamps, inspection forms, and equipment certificates as prescribed in this Circular.

4. Annually report to the Ministry of Transport on the results of the inspection work for issuing quality safety technical certificates for equipment.

Article 16. Responsibilities of organizations and individuals importing, designing, producing, converting, testing, operating and using equipment

1. Comply with relevant regulations, standards, and technical specifications when importing, designing, producing, assembling, converting, and operating equipment.

3. Be responsible for the origin, place of manufacture, and quality of imported equipment.

4. Safeguard, maintain, and present certificates of inspection results that have been issued upon request of authorized enforcement officers.

5. Be responsible for maintaining the technical condition of equipment being operated and used between two inspection periods according to the certificate issued to ensure technical safety standards.

Article 17. Effective Date

1. This Circular takes effect 45 days from the date of issuance.

2. This Circular is accompanied by 10 Appendices.

3. Certificates issued to equipment prior to the effective date of this Circular remain valid for use within the period specified in those certificates.

Article 18. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Vehicle Inspection Agency, Heads of units under the Ministry of Transport, and related agencies, organizations, and individuals are responsible for implementing this Circular./.