Circular No. 55/2011/TT-BGTVT amending and supplementing certain Articles of the "Regulations on Recognition and Management of Testing Laboratories in Transportation Construction" issued together with Decision No. 14/2008/QĐ-BGTVT dated August 21, 2008 of the Minister of Transport.

CIRCULAR

Amending and supplementing some articles of the "Regulations on Recognizing and Managing Laboratory Activities in the Construction Industry for Transportation" issued together with Decision No. 14/2008/QĐ-BGTVT dated August 21, 2008, by the Minister of the Ministry of Transport. Managing laboratory activities

specialized in construction transportation

dated August 21, 2008, of the Minister of Transport

______________________________

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;

Pursuant to Circular No. 06/2011/TT-BXD dated June 21, 2011, of the Ministry of Construction regarding amendments and supplements to certain provisions on administrative procedures in the construction sector; architecture, urban planning construction implementing Resolution No. 55/NQ-CP dated December 14, 2010, of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Construction;

The Minister of the Ministry of Transport hereby promulgates as follows:

Article 1. Amending and supplementing some articles of the Regulations on Recognizing and Managing Laboratory Activities in the Construction Industry for Transportation issued together with Decision No. 14/2008/QĐ-BGTVT of the Minister of the Ministry of Transport (hereinafter referred to as Decision No. 14/2008/QĐ-BGTVT):

1. Amend Article 5 as follows:

Competent Authority The laboratory management entity must register for additional recognition when there is a need to expand, reduce operational capacity, or change the location of the laboratory. The supplementary recognition application dossier shall comply with the contents prescribed in Article 9 of this Regulation.”

2. SỬA ĐỔI ĐIỀU 6 NHƯ SAU:

“Article 6. A laboratory in the construction industry for transportation that has been evaluated, if meeting the requirements stipulated in this Regulation, will be considered and granted a recognition decision by the Ministry of Transport.”

3. Amending and supplementing Article 8 as follows:

“Article 8. The application dossier for recognizing a laboratory in the construction industry for transportation includes:

1) An application form for recognizing a laboratory in the construction industry for transportation (in accordance with Appendix No. 4 of this Regulation);

2) A copy of the decision establishing the laboratory by the direct managing entity;

3) A copy of the appointment decision for the laboratory director;

4) Copies of training certificates of the laboratory director, testing technicians, or technical workers in testing issued by competent training agencies;

5) A report on the laboratory's capability and operational status (in accordance with Appendix No. 3 of this Regulation);

6) A floor plan of the laboratory (including room dimensions, positions of testing equipment, sample storage locations, etc.);

7) Copies of purchase contracts, invoices, and handover records for testing and measuring equipment of the laboratory; copies of decisions by authorized authorities regarding equipment transferred from other agencies;

8) Copies of labor contracts for managers and testing staff registered in the dossier;

For copies of documents included in the dossier, they will be compared with original documents during the laboratory evaluation process.”

4. Amend Article 9 as follows:

“Article 9. The application dossier for supplementary recognition includes:

1) An application form for supplementary recognition (in accordance with Appendix No. 5 of this Regulation);

2) A list of additional tests, technical standards; calibration/certification certificates for additional equipment; copies of documents proving the acquisition or transfer of equipment from other agencies; certificates of testing personnel conducting additional tests;

3) A report on the laboratory's capability and operational status (in accordance with Appendix No. 3 of this Regulation);

4) A floor plan of the laboratory and layout of testing equipment (if the laboratory location changes).”

5. Amend Article 10 as follows:

“Article 10. The recognition and supplementary recognition dossiers for laboratories in the construction industry for transportation shall be submitted directly to the Ministry of Transport or via postal service. If the dossier does not meet the requirements stipulated, the recognition authority must provide written feedback to the laboratory management entity within seven working days to supplement and complete the dossier. The evaluation at the laboratory will be conducted within twenty working days from the date of receipt of the complete dossier as prescribed. For laboratories recognized for the first time, the Ministry of Transport will propose the Ministry of Construction to issue the LAS-XD code within four working days from the completion of the inspection and evaluation by the expert team and the proposal for the Ministry of Transport to issue a recognition decision for the laboratory. After receiving the LAS-XD code from the Ministry of Construction, the Ministry of Transport will issue a recognition decision for the laboratory in the construction industry for transportation within three working days.”

6. Amend Article 11 as follows:

“Article 11. Depending on the scale, complexity, and number of tests, the Ministry of Transport may decide to establish an advisory expert team to conduct inspections and evaluations of laboratory capabilities. The expert team consists of representatives from the recognition authority, local construction quality management agencies, and experts in the field of specialized testing.”

7. Amend Article 12 as follows:

“Article 12. Laboratory evaluation includes the following main contents:

1) The decision establishing the laboratory and the appointment decision for the laboratory director;

2) Comparing purchase contracts, invoices, and handover records for testing equipment/documents transferring equipment by authorized authorities; labor contracts for registered managers and testing staff;

3) Determining compliance with standard TCXDVN 297-2003, including: laboratory working environment conditions; training certificates for managers and testing staff; equipment condition and calibration/certification certificates for equipment; laboratory technical standards and documentation for registered content;

4) Inspecting the laboratory quality management system, including: survey and sampling procedures at the site; equipment operation and testing procedure guidelines for each test; record books (sample receipt and dispatch; testing process results; sample storage); test result reports; laboratory quality management system certification according to standard TCVN ISO 9001:2000 or ISO/IEC 17025 (for entities operating for one year since the recognition decision and requesting supplementary recognition).”

8. Amend and supplement Article 17 as follows:

“Article 17. The test result sheet shall be established by the laboratory management entity according to the requirements of the tests, but must contain the following basic information and contents:

1) Name of the laboratory management entity;

2) Name and address of the laboratory, LAS-XD code (as recorded in the recognition decision);

3) Economic contract number or request document from the requesting unit;

4) Name of the project/works/sub-project being surveyed, sampled, and tested. For tests serving research/self-quality inspection by manufacturers, the purpose of the test must be clearly stated.

5) Name of the supervising officer of the Project Owner during sampling and testing;

6) Type of test sample;

7) Testing standards and equipment;

8) Test results;

9) Date of issuance of the test result sheet;

10) Signature of the tester and head of the laboratory;

11) Signature of the authorized person and the legal seal of the laboratory management entity.”

9. Amend and supplement Article 20 as follows:

“Article 20. The system of specialized construction laboratories for transportation is published on the Ministry of Construction's website at http://www.xaydung.gov.vn. Information about the system of laboratories includes:

1) Name, address, and LAS-XD code of the laboratory;

2) Decision recognizing the laboratory;

3) List of tests and testing methods attached to the recognition decision;

4) List of laboratory heads and testers;

5) List of laboratories, heads, and testers who have violated legal regulations and have been suspended from operations.”

10. Repeal Article 7, Article 23, and Article 29.

11. Amend Appendix No. 3 of the "Regulations on Recognition and Management of Specialized Construction Laboratories for Transportation."

12. Supplement Appendices No. 4 and No. 5 as follows:

1) Appendix No. 4: Application for recognition of specialized construction laboratories for transportation;

2) Appendix No. 5: Application for supplementary recognition of specialized construction laboratories for transportation.

Article 2. Effectiveness and Implementation

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

2. The Director of the Office, Heads of the Department of Science and Technology, Heads of General Departments, Departments, Institutes related to the Ministry of Transport, Directors of Provincial Departments of Transport, organizations, and individuals involved in the operation and management of specialized construction laboratories for transportation are responsible for implementing this Circular.

3. During implementation, if there are any difficulties, agencies, organizations, and individuals are requested to promptly report to the Ministry of Transport for consideration and resolution./.