Circular No. 37/2018/TT-BCT Amending, supplementing, and revoking certain provisions on safety management and technical safety inspection under the Ministry of Industry and Trade's jurisdiction.

CIRCULAR

Amending, supplementing, and abolishing certain provisions on safety management and technical safety inspection in the field of labor

and technical safety inspection in the field of labor under the management authority

of the Ministry of Industry and Trade

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Decree No. 87/2018/NĐ-CP dated June 15, 2018 of the Government on gas business;

Pursuant to Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several decrees related to business investment conditions and administrative procedures within the scope of management of the Ministry of Labor, Invalids, and Social Affairs;

At the proposal of the Director of the Industrial Technical Safety and Environmental Protection Department,

The Minister of Industry and Trade promulgates Circular amending, supplementing, and abolishing certain provisions on safety management and technical safety inspection in the field of labor under the management authority of the Ministry of Industry and Trade.

Article 1. Amending and supplementing Circular No. 41/2011/TT-BCT dated December 16, 2011 of the Minister of Industry and Trade on safety management in the liquefied petroleum gas sector as follows:

"3. Meeting fire prevention and firefighting requirements as prescribed."

2. Replacing the phrase "Market Management Department" with "General Market Management Department" in Article 51.

3. Abolishing Clause 1, Article 2; Article 3; Clause 2, Clause 3, Clause 5, Article 4; Article 7; Clause 1, Clause 2, Clause 3, Article 8; Article 10; Clause 2, Clause 3, Article 12; Clause 4, Clause 5, Article 13; Clause 1, Clause 4, Article 15; Article 16; Clause 3, Clause 4, Article 17; Article 18; Article 21; Clause 1, Article 25; Article 26; Clause 1, Clause 2, Article 27; Clause 2, Clause 3, Clause 4, Clause 5, Article 28; Article 29; Article 30; Point a, b, c, d, Clause 1, Clause 2, Clause 3, Article 31; Article 32; Article 33; Article 34; Article 37; Clause 1, Article 38; Clause 2, Clause 3, Article 39; Clause 3, Clause 4, Article 41; Article 42; Article 44; Article 45; Clause 3, Article 46; Article 48; Article 49; Clause 2, Clause 3, Article 50; Clause 2, Clause 3, Clause 4, Article 52; Appendix 4 to Appendix 7.

Article 2. Amending and supplementing Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on technical safety inspection activities in the field of labor under the management authority of the Ministry of Industry and Trade

2. Abolishing the content "Testing environment creation equipment" at Point đ, Clause 2, Article 4.

3. Clause 1 and Clause 2, Article 9 are amended as follows:

"1. Organizations and individuals who need to apply for issuance, extension, reissuance of the Certificate of Eligibility for Technical Safety Inspection Activities (Certificate of Eligibility) and Inspector Certification (Certification) shall prepare one set of application documents in accordance with regulations and submit them via postal service, directly to the General Directorate of Industrial Safety and Environmental Protection, or through the online service portal of the Ministry of Industry and Trade.

2. The application documents and procedures for issuance, extension, and reissuance of the Certificate of Eligibility shall be carried out in accordance with the provisions of Article 5 of Decree No. 44/2016/NĐ-CP and Clause 2, Clause 3, Article 1 of Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing several decrees related to business investment conditions and administrative procedures within the scope of management of the Ministry of Labor, Invalids, and Social Affairs."

3. Clause 2, Article 19 is amended as follows:

"2. Inspection organizations may only conduct technical safety inspections on machines and equipment with strict safety requirements under the management authority of the Ministry of Industry and Trade after obtaining the Certificate of Eligibility for Technical Safety Inspection Activities.

Inspection organizations that have been issued the Certificate of Eligibility before July 1, 2016 may continue to use it until its expiration date."

4. Abolishing Article 5, Article 6, Article 8, and Clause 2, Article 15.

Article 3. Implementation Provisions

a) Issuing, extending, reissuing, and revoking certificates of eligibility for technical safety inspection activities;

b) Issuing, reissuing, adjusting, and revoking certificates of eligibility for production and repair of LPG cylinders and certificates of eligibility for production of mini-LPG cylinders.

2. This circular takes effect from December 10, 2018.

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