Circular No. 37/2010/TT-BLDTBXH guides the conditions and procedures for registering and designating organizations to operate technical safety inspection services for machinery, equipment, and materials with strict requirements for labor safety.

CIRCULAR

Guidelines for conditions and procedures for registering and designating organizations to operate technical safety inspection services

for machines, equipment, and materials with strict requirements for labor safety

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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, Invalids, and Social Affairs;

Pursuant to Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade;

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

The Ministry of Labor, Invalids, and Social Affairs guides the conditions for operating technical safety inspections and the procedures for registering and designating organizations to provide technical safety inspection services for machines, equipment, and materials with strict requirements for labor safety as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates and guides the conditions for operating technical safety inspection services and the procedures for registering and designating organizations and individuals providing technical safety inspection services (hereinafter referred to as inspection organizations) for machines, equipment, and materials with strict requirements for labor safety listed in the Catalogue issued by the Ministry of Labor, Invalids, and Social Affairs (hereinafter referred to as objects subject to inspection).

Article 2. Applicability

This Circular applies to the following entities:

1. Domestic and foreign organizations and individuals engaged in business activities within Vietnam that have registered to operate technical safety inspection services may be considered for designation to provide technical safety inspection services for objects subject to inspection;

2. Organizations and individuals producing and trading in objects subject to inspection;

3. State agencies related to technical safety inspection services for objects subject to inspection.

Article 3. Explanation of Terms

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

1. Technical safety inspection service activity means a technical service activity conducted through an inspection process aimed at evaluating and confirming the technical safety condition of the object subject to inspection as specified in relevant technical standards or regulations applicable to the object subject to inspection;

2. Organization conducting technical safety inspection service includes: legally established economic organizations, independent and regular commercial individuals who have registered to conduct technical safety inspection services and registered their inspection technical service activities with the Ministry of Labor, Invalids, and Social Affairs;

3. State agency related to technical safety inspection refers to central and local state management agencies for labor safety, labor inspection agencies, business registration agencies, agencies responsible for designating technical safety inspection service activities, and other relevant agencies as prescribed by law;

4. Inspection process refers to the sequence of technical inspection steps to evaluate and confirm the safety condition of the object subject to inspection in accordance with relevant standards and regulations;

5. Inspection process is the process by which the inspection unit implements technical safety inspection steps according to national technical standards (technical safety inspection process);

6. Object subject to inspection refers to machines, equipment, and materials with strict requirements for labor safety listed in the Catalogue issued by the Ministry of Labor, Invalids, and Social Affairs;

7. Technical field related to the object subject to inspection refers to the fields of design, manufacture, installation, technical management, and operation of objects subject to inspection;

8. Technical safety inspection field refers to activities related to technical safety inspections for machines, equipment, and materials with strict requirements for labor safety listed in the Catalogue issued by the Ministry of Labor, Invalids, and Social Affairs;

9. Group of objects subject to inspection refers to machines and equipment with strict requirements for labor safety having the same principle of operation and purpose of use classified based on technical characteristics and inspection methods;

10. is the competent authority representing each ministry responsible for coordinating the handling of harmful interference among radio stations serving defense, security purposes, and economic and social purposes. is the Department of Labor Safety under the Ministry of Labor, Invalids, and Social Affairs implementing state management functions over labor safety.

Article 4. Prohibited Conduct

1. Conducting inspections not in accordance with the content and steps of the inspection process; shortening the inspection period for equipment without clearly stating the reasons.

2. Using inspection tools and equipment that do not meet quality requirements.

3. Assigning personnel to perform inspection work not in compliance with the vocational standards stipulated in Circular No. 18/2009/TT-LĐTBXH dated June 5, 2009 of the Ministry of Labor, Invalids, and Social Affairs promulgating vocational standards for technical safety inspection staff positions.

Chapter II

RULES FOR TECHNICAL SAFETY LABOR INSPECTION SERVICES

Article 5. Conditions for Registering Technical Safety Labor Inspection Services Activities

Economic organizations established legally, independent traders operating regularly and having business registration to conduct technical safety labor inspection services must meet the conditions for conducting technical safety labor inspections as stipulated in this Circular.

Article 6. Organizational Conditions for Technical Safety Labor Inspection Services Activities

1. The manager (director) of the inspection organization must have a bachelor's degree or higher in a relevant technical field and at least five years of work experience in a related technical field or at least three years of direct involvement in technical safety labor inspections.

2. Inspectors must hold a bachelor’s degree in a relevant technical field, meet the professional standards, and be issued an inspector card according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.

3. Each group of inspected objects must have at least two inspectors.

Groups of technical safety inspection objects are classified according to the provisions set out in Appendix 1 attached to this Circular.

4. Inspectors of inspection organizations listed in the service technical safety labor inspection activities registration must enter into written contracts with the employing entity of the inspection organization.

Article 7. Quality Management System Conditions for Technical Safety Labor Inspection Services

1. Establish and maintain a quality management system according to the National Standard TCVN ISO9001:2008 or ISO/IEC17020:2001 or equivalent management systems within two years from the initial designation.

2. Conduct inspections in accordance with the national technical regulation (inspection procedure) issued by the Ministry of Labor, War Invalids and Social Affairs or relevant sectoral ministries.

For inspection objects without national technical regulations (inspection procedures) issued by the Ministry of Labor, War Invalids and Social Affairs or relevant sectoral ministries, the inspection unit may base its inspection procedures on corresponding technical standards and specifications for designing, manufacturing, and inspecting the inspection objects.

3. Have all necessary standards, technical regulations, and related technical documentation.

4. Establish and maintain methods to monitor the implementation of inspection work, ensuring compliance with inspection procedures and promptly addressing any violations.

Article 8. Technical Conditions

1. Infrastructure

a) Have a stable office space suitable for business operations and storage of equipment used for inspection work.

b) Have a testing laboratory meeting the requirements specified in the National Standard TCVN ISO/IEC17025:2007 or use laboratories that meet these requirements, appropriate to the nature of mobile inspection work.

2. Technical Equipment for Inspection

Have sufficient equipment suitable for inspection work to assess the technical condition of inspected objects as defined in technical standards, inspection procedures, and corresponding standards.

Chapter III

REGISTRATION AND DESIGNATION OF TECHNICAL SAFETY LABOR INSPECTION SERVICES ACTIVITIES

Article 9. Registration for Technical Safety Inspection Services Activities

1. Organizations engaged in technical safety inspection services wishing to participate in such activities shall register their operations with the lead agency.

2. Procedure and Formalities for Registration:

a) Technical safety inspection service activities that meet the conditions stipulated in Chapter II of this Circular shall prepare registration files for inspection activity fields and submit them to the lead agency.

b) The model registration file for designating technical safety inspection activities is provided in Appendix 2 attached to this Circular.

3. Registration File for Technical Safety Inspection Service Activities

a) Certificate of Registration for Technical Safety Inspection Service Activities.

b) Copy of the Decision on Establishment or Business Registration Certificate or Investment License.

c) List of inspectors according to the model specified in Appendix 3 attached to this Circular.

d) Documentation proving the capability of the manager (director), including copies of diplomas and certificates; documentation regarding work experience related to the inspected objects.

e) Catalogue of technical documents, standards, specifications, and inspection procedures corresponding to the inspected objects.

g) Certification recognizing the organization's capability from a legitimate accreditation body (for priority consideration if applicable).

h) Other documents proving the capability of technical safety inspection service activities if available.

4. Within seven working days from receiving the file, the lead agency shall notify the organization about the completeness and validity of the file or the additional documents required.

Article 10. Designation of Organizations Engaged in Technical Safety Inspection Activities

1. The lead agency shall review and report to the Ministry of Labor, Invalids and Social Affairs before issuing a Decision to designate organizations to carry out technical safety inspection service activities within twenty working days from the date of receipt of complete and valid files.

2. For organizations with a quality management system, the term of designation for technical safety inspection activities is five years from the effective date of the designation decision.

3. For organizations without a quality management system, the term of designation for technical safety inspection activities is two years from the effective date of the designation decision.

4. The lead agency shall announce the list of designated inspection organizations through mass media and on the electronic news page of the Ministry of Labor, Invalids and Social Affairs.

Chapter IV

VEHICLE INSPECTION ACTIVITY

Article 11. Responsibilities of Organizations Engaged in Technical Safety Inspection Service Activities

1. Conduct technical safety inspections of inspected objects within the designated field.

Inspectors and managers of inspection organizations shall be responsible for the inspection results within the inspection period recorded on the Inspection Result Certificate.

2. Inspection files for each inspected object must be retained by the inspection organization.

3. Participate in accident investigations involving machinery and equipment with strict safety requirements when requested by other inspection organizations.

4. Participate in activities related to occupational safety and health upon request by state management agencies.

5. Publicize the content, procedures, standards, regulations, inspection fees, and inspection times.

6. Compensate for damages resulting from violations during the inspection process as prescribed by law.

7. Report on technical safety inspection activities every six months (before July 5) and annually (before January 10 of the following year) to the lead agency.

8. When there is no need to continue participating in technical safety inspection activities, the technical safety inspection service organization must notify the lead agency in writing thirty days prior to ceasing operations.

After ceasing operations, the technical safety inspection service organization, its manager, and those directly conducting inspections shall still be responsible for inspected objects within the inspection period.

Article 12. Powers and Responsibilities of Organizations Engaged in Technical Safety Inspection Services

1. Provide technical safety inspection services to organizations and individuals using objects subject to inspection in accordance with the provisions set forth in the Decision on designation.

2. Revoke inspection result certificates issued when violations are detected during the inspection process and take responsibility for implementing appropriate measures to mitigate consequences.

3. Recommend state agencies to handle acts obstructing inspection activities.

Article 13. Supervision and Monitoring of Inspection Activities

1. The head of the inspection organization shall be responsible for developing plans and organizing the implementation of inspections of technical safety inspection activities conducted by inspectors within the organization in accordance with current laws and the quality management regulations of the unit.

2. Inspection organizations are subject to periodic inspections, spot checks, and oversight mechanisms for inspection activities by relevant state management agencies as stipulated by law.

3. The inspection agency records violations and handles them according to their authority, recommending suspension of inspection activities or revocation of the designation decision as provided for in Articles 14 and 15 of this Circular.

Article 14. Suspension of Inspection Activities for a Specified Period

1. An inspection organization shall be suspended from operations for three months if it commits any of the following violations:

a) Violations concerning the operational conditions of the inspection organization or inspector standards;

b) The inspection organization violates any of the provisions of Clauses 1, 2, and 3 of Article 4 of this Circular, which have been discovered and recorded in violation conclusions by the Labor Inspection Agency or inspection body;

c) The inspection organization fails to implement the regular reporting system as prescribed in this Circular for two consecutive times.

2. An organization shall be suspended from operations for six months if it continues to violate any of the provisions of Clauses 1, 2, and 3 of Article 4 of this Circular and has been recorded in violation conclusions by the Labor Inspection Agency after being penalized under Clause 1 of this Article.

3. An organization shall be suspended from operations for twelve months if its inspection procedures lead to equipment accidents causing personal injury and property damage, as concluded by the labor accident investigation agency.

4. The competent authority issues a Decision to suspend the inspection organization's operations for a specified period in accordance with this Circular and publishes a list of suspended inspection organizations on the Directorate of Occupational Safety and Health’s website, the Ministry of Labor, Invalids and Social Affairs’ website, and other mass media outlets.

5. The inspection organization may resume operations only after the suspension period has expired.

6. During the suspension period, if the inspection organization promptly and effectively rectifies the violations, it may be considered for a reduction in the suspension period as prescribed in this Circular.

Article 15. Revocation of Designation Decision for Technical Safety Inspection Activities

1. A technical safety inspection organization shall have its designation decision revoked when:

a) It fails to rectify the violations concerning operational conditions within the time limit specified in the suspension decision;

b) It continues to commit prohibited acts as stipulated in Article 4 of this Circular after being suspended for a specified period.

2. Organizations and individuals establishing the inspection organization will not be allowed to operate in the technical safety inspection field for at least one year after the revocation of the designation decision. If they wish to resume the operation of the inspection organization, they must reapply through the designation procedure as if establishing a new organization.

3. When an inspection organization commits violations leading to the revocation of the designation decision, the competent authority shall issue a Decision to revoke the designation decision for technical safety inspection activities and publish it on the Directorate of Occupational Safety and Health’s website, the Ministry of Labor, Invalids and Social Affairs’ website, and other mass media outlets.

Chapter V

IMPLEMENTATION

Article 16. Responsibilities of Ministries managing industries and sectors

Based on the conditions stipulated in this Circular and technical parameters, complexity of inspection work, and hazardous nature during inspections for specific objects under their management responsibility, Ministries managing industries and sectors shall specify additional technical requirements that inspection organizations must comply with when inspecting these objects.

Article 17. Responsibilities of People's Committees of Provinces and Central Cities

1. Based on the conditions stipulated in this Circular, guide organizations and enterprises applying to operate technical safety labor inspection services to fully meet all conditions, procedures, and formalities to register and be designated to operate technical safety labor inspection services in accordance with the law.

2. Regularly inspect and check the operation of technical safety labor inspection services to promptly identify violations and handle them according to the provisions of this Circular.

Article 18. Responsibilities of the Lead Agency

1. The Lead Agency shall receive registration files, review, and issue Decisions to designate, suspend, or revoke designation decisions for technical safety labor inspection organizations.

2. Annually and every six months, compile the situation of registration and designation of technical safety labor inspection services to report to the Ministry of Labor - Invalids and Social Affairs, the Ministry of Science and Technology, and inform about such activities to provincial Departments of Labor - Invalids and Social Affairs.

3. Coordinate with competent agencies of Ministries managing industries and sectors and local state management agencies to organize guidance and inspection of designated inspection organizations as prescribed in this Circular.

Article 19. Responsibilities of Provincial Departments of Labor - Invalids and Social Affairs

1. Advise People's Committees of provinces to guide and direct the implementation of this Circular.

2. Coordinate with the Lead Agency in guiding the implementation of the provisions of this Circular.

3. Conduct inspections and handle violations related to technical safety labor inspection services within their jurisdiction.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Circular takes effect from February 15, 2011.

Article 21. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees are responsible for implementing the provisions of this Circular./.