Circular No. 36/2017/TT-BGTVT on training, upgrading, and examination for inspection business of cargo handling equipment and pressure equipment in the field of transport

CIRCULAR

Regulations on training, upgrading, and examination of technical safety inspection business for handling equipment and pressure equipment in the transportation sector

||| cranes and pressure equipment in the field of transport

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Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety Law;

Pursuant to Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing some provisions of the Labor Safety Law on technical safety inspection activities, occupational safety training, and labor environment monitoring;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

The Minister of Transport issues this Circular stipulating the standards for Railway Inspection Officers and requirements for the material and technical facilities of railway inspection organizations.

The Minister of Transport hereby promulgates this Circular stipulating the training, upgrading, and examination of technical inspection skills for cranes and pressure equipment in the field of transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the standards, tasks, powers, responsibilities, and contents of training, upgrading, and examination of technical inspection skills for inspectors of inspection units conducting inspections of cranes and pressure equipment used in transport.

Article 2. Applicability

1. This Circular applies to organizations and individuals related to the inspection activities of cranes and pressure equipment installed on road, air, and rail transport vehicles, and at airports, ports, and new shipbuilding, repair, and railway vehicle facilities.

2. This Circular does not apply to organizations and individuals conducting inspections of cranes and pressure equipment serving defense, security, and fishing vessels.

Chapter II

STANDARDS, TASKS, POWERS AND RESPONSIBILITIES OF INSPECTORS INSPECTORS

Article 3. Standards for Inspectors

Inspectors of cranes and pressure equipment used in transport are registration inspectors who meet the criteria specified in Article 9 of Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing some provisions of the Labor Safety Law on technical safety inspection activities, occupational safety training, and labor environment monitoring (hereinafter referred to as Decree No. 44/2016/ND-CP).

Article 4. Tasks of Inspectors

1. Inspection during manufacturing, repair, modification, operation, use, and technical condition assessment of cranes and pressure equipment.

2. Review design.

3. Inspect and assess manufacturing, repair, maintenance, and testing facilities for cranes and pressure equipment.

4. Conduct practical training for participants in training and upgrading.

5. Participate in assessing technical inspection skill examinations for cranes and pressure equipment.

6. Participate in accident investigation.

7. Prepare and issue inspection files for cranes and pressure equipment.

Article 5. Powers of Inspectors

1. Request the equipment owner or design, manufacture, construction, repair, maintenance, and testing facility to provide technical documents and create necessary conditions at the site to carry out inspection, evaluation, technical supervision, and ensure safety during the performance of their duties.

2. Reserve and report to superiors when their opinion differs from the unit leader's conclusion on the technical condition assessment of the equipment.

3. Be authorized to sign and use professional seals when preparing inspection files for equipment.

4. Refuse to perform inspection, evaluation, and technical supervision work if they find that the conditions for performing technical inspection and occupational safety work at the site are not guaranteed.

Article 6. Responsibilities of inspectors

1. Bear responsibility for the results of the assigned work before the leadership of the unit and before the law.

2. Perform tasks objectively, in accordance with the law, consistent with the contents recorded in the inspector's certificate and the functions and responsibilities of the inspection unit.

Chapter III

 TRAINING, ENHANCEMENT AND TESTING CONTENT INSPECTION BUSINESS

Article 7. Training and enhancement of inspection business

1. Persons participating in training and enhancement of inspection business for handling equipment and pressure equipment in compliance with Articles 1 and 2 of Decree No. 44/2016/NĐ-CP shall be trained and enhanced according to the contents prescribed in Articles 8 and 9 of this Circular.

2. Technical standards used in training and enhancement of inspection business include:

a) National technical regulation on manufacturing and testing of handling equipment and handling devices (QCVN 22: 2010/BGTVT).

b) National technical regulation on pressure equipment on transport vehicles and equipment and devices for exploration and exploitation at sea (QCVN 67: 2017/BGTVT).

Article 8. Theoretical training and enhancement of inspection business

1. Introduction to the Vietnam Inspection Organization, professional ethics, regulations on responsibilities and handling violations in inspection work.

2. Dissemination of legal normative documents, regulations, guidance on business procedures, inspection files, file management, reporting, pricing and inspection fees for handling equipment and pressure equipment.

3. Guidance on using management programs and software.

4. Guidance on standards, technical regulations, procedures, regulations and implementation of safety technical inspections of handling equipment and pressure equipment.

5. Guidance on inspection business in manufacturing, repair, modification and during operation and use of handling equipment and pressure equipment.

6. After completing theoretical training and enhancement, participants will be issued a Certificate of Completion of Theoretical Training and Enhancement for Handling Equipment and Pressure Equipment Inspection according to Model No. 01 attached to this Circular.

Article 9. Practical training of inspection business

1. After being issued a Certificate of Completion of Theoretical Training and Enhancement for Handling Equipment and Pressure Equipment Inspection, the head of the inspection unit assigns inspectors to guide trainees in practical inspection business according to the contents prescribed in Clauses 2, 3, 4, and 5 of this Article.

2. Practical training of inspection business for handling equipment in manufacturing and repair, modification includes observing the inspector guiding the performance, guided practice by the inspector, independent practice according to the following contents:

a) Checking design documents;

b) Checking materials and welding;

c) Checking components and parts installed on handling equipment;

d) Checking assembly structure;

đ) Overall inspection;

e) Operational testing and load testing;

g) Inspecting structure and equipment after testing;

h) Preparing and issuing inspection documents.

3. Practical training of inspection business for handling equipment in operation and use includes observing the inspector guiding the performance, guided practice by the inspector, independent practice according to the following contents:

a) Checking equipment documents;

b) Checking structure;

c) Checking components and parts installed on handling equipment;

d) Overall inspection;

đ) Load testing;

e) Inspecting structure and equipment after testing;

g) Preparing and issuing inspection documents.

4. Practical training of inspection business for pressure equipment in manufacturing and repair, modification includes observing the inspector guiding the performance, guided practice by the inspector, independent practice according to the following contents:

a) Checking design documents;

b) Checking materials and welding;

c) Checking structure;

d) Overall inspection;

đ) Pressure testing;

e) Inspecting structure after testing;

g) Preparing and issuing inspection documents.

5. Practical training of inspection business for pressure equipment in operation and use includes observing the inspector guiding the performance, guided practice by the inspector, independent practice according to the following contents:

a) Checking equipment documents;

b) Checking parts installed on pressure equipment;

c) Overall inspection;

d) Testing equipment according to regulations;

đ) Inspecting structure after testing;

e) Preparing and issuing inspection documents.

Article 10. Examination of Inspection Business Skills

1. The Vietnam Registration Agency shall organize the examination of inspection business skills for inspectors according to the contents specified in Article 9 of this Circular to issue inspection certificates.

2. The Director of the Vietnam Registration Agency shall decide on the establishment of the Examination Board and specify in detail the operational regulations of the Examination Board for inspection business skills.

3. The Examination Board for inspection business skills shall organize the implementation and designate inspectors to conduct the assessment of inspection business skills.

4. Inspectors conducting the assessment shall prepare a record of the actual evaluation of inspection capacity for participants in practical training in inspection business skills as stipulated in Form No. 02 or Form No. 03 attached to this Circular.

5. An inspection certificate shall be issued to participants in training and upgrading of inspection business skills who meet the criteria set out in the form of the actual evaluation record of inspection practical skills.

6. Marine vessel inspectors, inland waterway craft inspectors, motor vehicle inspectors, and railway traffic inspectors must have at least two (02) years of experience in inspecting lifting equipment and pressure equipment to obtain an inspection certificate after undergoing theoretical training and upgrading in inspection business skills as prescribed in Article 8 of this Circular.

Chapter V

IMPLEMENTING PROVISIONS

Article 11. Responsibilities of the Vietnam Registration Agency

1. To develop plans, issue materials, organize training, upgrading, and examination of inspection business skills for loading and unloading equipment and pressure equipment used in transportation.

2. To issue, reissue, and revoke inspection certificates in accordance with the provisions.

3. To guide, inspect, detect, and handle violations of the provisions of this Circular at registration units nationwide.

Article 12. Effective Date

1. This Circular takes effect from December 1, 2017.

2. Any referenced documents in this Circular, if amended, supplemented, or replaced, shall be applied according to the amended, supplemented, or replaced documents.

3. The Heads of the Ministry's Office, the Inspectorate Head, Department Directors, the Director of the Vietnam Registration Agency, the Directors of Provincial Departments of Transport under central cities, and the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation.