Thông tư 09/2017/TT-BCT quy định hoạt động kiểm định kỹ thuật an toàn lao động

CIRCULAR

ON OCCUPATIONAL SAFETY INSPECTION UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 specifying certain articles of the Law on Occupational Safety and Hygiene on occupational safety inspection, provision of training in occupational safety and hygiene and working environment monitoring (hereinafter referred to as “Decree No. 44/2016/ND-CP”);

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 on functions, tasks, power and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of the Industrial Safety Techniques and Environment Agency,

The Minister of Industry and Trade promulgates a Circular on occupational safety inspection under the management of the Ministry of Industry and Trade.

Chapter I

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Article 1. Scope

This Circular deals with safety inspection techniques of machines, equipment and materials on the list that strict occupational safety is required and is promulgated by the Ministry of Labor, War Invalids and Social Affairs under the management of the Ministry of Industry and Trade as specified in Appendix Ib of the Decree No. 44/2016/ND-CP.

Article 2. Regulated entities

1. Organizations and individuals involving in inspection of machines, equipment and materials to which strict occupational safety requirements are applied under the management of the Ministry of Industry and Trade.

2. Organizations and individuals involving in management, ownership and use of machines, equipment and materials to which strict occupational safety requirements are applied under the management of the Ministry of Industry and Trade.

Article 3. Classification of inspected objects

Inspected objects may be machines, equipment or materials to which strict occupational safety requirements are applied under the management of the Ministry of Industry and Trade, including:

1. Group A inspected objects (group A): power plant boilers.

2. Group B inspected objects (group B): industrial boilers with pressure of over 16 bars, pressure vessels, steam and hot water piping systems.

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4. Group D inspected objects (group D): LPG bottles.

5. Group E inspected objects (group E): single hydraulic props, movable frame racks and automatic steel support systems used for mining.

6. Group G inspected objects (group G): overhead cable car systems and winches.

7. Group H inspected objects (group H): explosion-proof electrical equipment.

8. Group I inspected objects (group I): electric mine explosion machines (except for explosion-proof electric mine machines).

Chapter II

OCCUPATIONAL SAFETY INSPECTION

Article 4. Equipment used for inspection

1. Equipment used for inspection shall have technical parameters suitable for inspected objects and shall be inspected, calibrated and tested according to regulations of law.

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a) Group A, group B and group C

- Hydraulic test pump;

- Types of manometers;

- Metal thickness gauges;

- Weld quality testing equipment;

- Metal defect testing equipment by magnets, eddy and penetrant electric currents;

- Equipment for testing of defects by endoscopy;

- Instruments and means of testing geometrical dimensions;

- Tools for checking surface defect size of metal;

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- Temperature measurement devices.

b) Group D

- LPG recovery equipment remaining in bottles;

- Metal thickness gauges;

- Weld quality testing equipment;

- Tools for checking surface defect size of metal;

- Bottle valve fittings;

- Durable test equipment;

- Bottle drying equipment;

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- Surface cleaning equipment;

- Bottle valve inspection equipment;

- Volume scales;

-  Numbering equipment and verification mark equipment;

- Vacuum equipment;

- Volume expansion testers.

c) Group E

- Pressure test systems for valves, props and pressure pipelines;

- Equipment for maintaining the testing pressure;

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- Weld quality testing equipment;

- Types of manometers.

d) Group G

- Dynamometers;

- Geometrical measuring equipment;

- Speed measuring equipment;

- Track gauges;

- Geodetic measuring devices;

- Steel cable defect inspection devices;

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- Hauling equipment for steel cable inspection by destruction method;

- Weld quality testing equipment;

-  Metal defect testing equipment by magnets, eddy and penetrant electric currents;

- Timing devices for braking;

- Resistances and electrical resistors;

- Voltmeters, ammeters.

- Types of manometers.

dd) Group H

- Explosion pressure and fire-spreading testing equipment;

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- Spark safety circuit testing equipment;

- Devices create a test environment;

- Thermal shock testing equipment;

- Impact testing equipment;

- Test equipment for pulling electrical cables in the cable connection funnels;

- Pile torque testing equipment, cable tie bolts;

- Insulation resistance measurement equipment;

- Universal electricity meters;

- Geometric measuring equipment;

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e) Group I

- Insulation resistance measurement equipment;

- Universal electricity meters;

- Oscilloscope;

- Stopwatch.

Article 5. Technical documents on inspected objects

List of primary technical documents specified in Point c Clause 1 Article 4 of the Decree No. 44/2016/ND-CP shall be made corresponding to the following groups:

1. Group A and group B

a) Boilers

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- TCVN 7704:2007, Boilers - Technical requirements for design, structure, manufacture, installment, use and repair;

- TCVN 6413:1998, Fixed boilers for welding furnace tubes (excluding water pipe boilers);

- TCVN 5346-91, Safety techniques of boilers and hot water – General requirements for durability calculation;

- TCVN 6008: 2010, Pressure Equipment - Weld - Technical requirements and test methods;

- TCVN 9385: 2012, Lightning protection for construction works - Guidance on design, inspection and maintenance of the system;

- TCVN 9358: 2012, Installation of equipment grounding system for industrial projects - General requirements;

- The detailed inspection process shall be carried out in accordance with each type of boiler issued by an inspecting organization to which strict requirements for occupational safety are applied under the management of the Ministry of Industry and Trade (hereinafter referred to as “inspecting organization”) and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

b) Pressure vessels

- QCVN: 01-2008/BLDTBXH, National technical regulation on occupational safety of boilers and pressure vessels;

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- TCVN 6155:1996, Boilers - Technical requirements for design, manufacturing, installment, use and repair;

- TCVN 6156: 1996, Pressure vessels - Technical requirements for installation, use and repair safety - Test methods;

- TCVN 6008: 2010, Pressure Equipment - Weld - Technical requirements and test methods;

- The detailed inspection process shall be carried out in accordance with each type of pressure vessel issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

c) Steam and hot water pipelines

- QCVN 04:2014/BCT, National technical regulation on safety of steam and hot water pipelines in power plants;

- TCVN 6008: 2010, Pressure Equipment - Welds - Technical requirements and test methods;

- QCVN 6158:1996, Steam and hot water pipelines - Technical requirements;

- QCVN 6159:1996, Steam and hot water pipelines - Test methods;

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2. Group C

a) LPG filling systems and stations

- QCVN 04:2013/BCT, National technical regulation on safety of liquefied petroleum gas bottles;

- TCVN 6486: 2008, Liquefied petroleum gas (LPG) - Pressure storage tanks - Design and installation requirements;

- TCVN 7762:2007, Gas bottles - Refillable steel bottles used for liquefied petroleum gas (LPG) - Pre-, peri- and post-charging inspection procedures;

- TCVN 7763:2007, TCVN 7763: 2007, Gas Bottles - Refilled and transported steel bottles used for liquefied petroleum gas (LPG) - Design and structure;

- TCVN 7832: 2007, Gas bottles - Refillable steel bottles used for liquefied petroleum gas (LPG) - Periodic inspection and testing;

- The detailed inspection process shall be carried out in accordance with each type of LPG filling system and station issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

b) LPG supply systems and stations

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- QCVN 04:2013/BCT, National technical regulation on safety of liquefied petroleum gas bottles;

- TCVN 6486:2008, Liquefied petroleum gas (LPG) - Pressure storage tanks - Design and installation requirements;

- TCVN 7762:2007, Gas bottles - Refillable steel bottles used for liquefied petroleum gas (LPG) - Pre-, peri- and post-charging inspection procedures;

- TCVN 7763: 2007, Gas Bottles - Refilled and transported steel bottles used for liquefied petroleum gas (LPG) - Design and structure;

- TCVN 7832:2007, Gas bottles - Refillable steel bottles used for liquefied petroleum gas (LPG) - Periodic inspection and testing;

- TCVN 7441:2004, liquefied petroleum gas (LPG) system at the place of consumption - Design, installation and operation requirements;

- The detailed inspection process shall be carried out in accordance with each type of LPG supply system and station issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

c) Gas pipelines fixed by metal

- QCVN 01:2016/BCT, National technical regulation on safety of gas pipelines fixed by metal;

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- The detailed inspection process shall be carried out in accordance with each type of gas pipeline fixed by metal issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

3. Group D

- QCVN 04:2013/BCT, National technical regulation on safety of liquefied petroleum gas bottles;

- TCVN 7762:2007, Gas bottles - Refillable steel bottles used for liquefied petroleum gas (LPG) - Pre-, peri- and post-charging inspection procedures;

- TCVN 7763: 2007, Gas Bottles - Refilled and transported steel bottles used for liquefied petroleum gas (LPG) - Design and structure;

- TCVN 7832:2007, Gas bottles - Refillable steel bottles used for liquefied petroleum gas (LPG) - Periodic inspections and testing;

- TCVN 6294:2007, Gas bottles - Carbon steel gas bottles - Periodical inspections and testing;

- The detailed inspection process shall be carried out in accordance with each type of LPG bottle issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations. 

4. Group E

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- The detailed inspection process shall be carried out in accordance with each type of single hydraulic prop, movable frame rack and automatic steel support system used for mining issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

5. Group G

- QCVN 01:2011/BCT, National technical regulation on safety of underground coal mining;

- QCVN 02:2016/BCT, National technical regulation on safety of overhead cable car systems and winches;

- TCVN 4244:2005, Lifting equipment – Design, manufacture and technical inspections;

- TCVN 6780-1:2009, Safety requirements for ore and non-ore mines - Part 1: General requirements and mining;

- TCVN 6780-2: 2009, Safety requirements for ore and non-ore mines - Part 2: Mine transport;

- The detailed inspection process shall be carried out in accordance with each type of overhead cable car system and winch issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

6. Group H

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- TCVN10888-0:2015 (IEC60079-0:2011), Explosive atmosphere – Part 0: Equipment – General requirements;

- TCVN10888-1:2015 (IEC60079-1:2014), Explosive atmosphere – Part 1: Equipment protection by explosion-proof casings “d”;

- The detailed inspection process shall be carried out in accordance with each type of explosion-proof electrical equipment issued by the inspecting organization and not against inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

b) Electrical equipment used for underground coal mining

- QCVN 01:2011/BCT, National technical regulation on safety of underground coal mining;

- TCVN 7079-0:2002, Electrical equipment used in underground mine Part 0: General requirements;

- TCVN 7079-1:2002, Electrical equipment used in underground mine - Part 1: Flame-proof enclosures - Type of protection “d”;

- TCVN 7079-2:2002 (IEC 60079-2:2007), Electrical equipment used in underground mine - Part 2: Pressurized enclosures - Type of protection “p”;

- TCVN 7079-5:2002 (IEC 60079-5:2007), Electrical equipment used in underground mine - Part 5: Sand-filled apparatus - Type of protection “q”;

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- TCVN 7079-7:2002 (IEC 60079-7:2007), Electrical equipment used in underground mine - Part 7: Increased safety - Type of protection “e”;

- TCVN 7079-11:2002 (IEC 60079-11:2007), Electrical equipment used in underground mine - Part 11: Spark safety - Type of protection “i”;

- TCVN 7079-17:2003 (IEC 60079-17:2007), Electrical equipment used in underground mine - Part 17: Equipment inspection and maintenance;

- TCVN 7079-18:2003 (IEC 60079-18:2004), Electrical equipment used in underground mine - Part 18: Filled by covered - Type of protection “m”;

- TCVN 7079-19:2003, Electrical equipment used in underground mine - Part 19: Equipment repair and overhaul;

- The detailed inspection process shall be carried out in accordance with each type of explosion-proof electrical equipment issued by the inspecting organization and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

7. Group I

- QCVN 01:2015/BCT, National technical regulation on electric mine explosion machines;

- The detailed inspection process shall be carried out in accordance with each type of electric mine explosion machine issued and not against the inspection process thereof promulgated by the Ministry of Industry and Trade and corresponding national technical regulations.

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People responsible for occupational safety inspection specified in Point dd Clause 1 Article 4 of the Decree No. 44/2016/ND-CP shall be divided into different groups of qualifications as follows:

1. Group A

A bachelor’s degree in either thermal engineering, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 3-year experience of inspection of power plant boilers.

2. Group B and group C

A bachelor’s degree in either thermal engineering, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 3-year experience of inspection of group B or C equipment.

3. Group D

A bachelor’s degree in either thermal engineering, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 3-year experience of inspection of group D equipment.

4. Group E

A bachelor’s degree in either mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 3-year experience of inspection of group E equipment.

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A bachelor’s degree in either mechanical engineering, mechanical and electrical engineering, construction machinery or automation or another equivalent degree with at least 3-year experience of inspection of group G equipment.

6. Group H

A bachelor’s degree in either electrical engineering, automation, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 3-year experience of inspection of group H equipment.

7. Group I

A bachelor’s degree in either electrical engineering, automation or mechanical and electrical engineering or another equivalent degree with at least 3-year experience of inspection of group I equipment.

Article 7. Inspectors

Inspectors shall satisfy standards specified in Article 9 of the Decree No. 44/2016/ND-CP.  Inspectors shall be divided into different groups of qualifications as follows:

1. Group A

A bachelor’s degree in either thermal engineering, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 2-year experience of inspection, design, manufacture, installment, repair, operation or maintenance of power plant boilers.

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A bachelor’s degree in either thermal engineering, mechanical engineer or mechanical and electrical engineering or another equivalent degree with at least 2-year experience of inspection, design, manufacture, installment, repair, operation or maintenance of group B or C equipment.

3. Group D

A bachelor’s degree in either thermal engineering, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 2-year experience of inspection, design or manufacture of group D equipment.

4. Group E

A bachelor’s degree in either mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 2-year experience of inspection, design, manufacture, installment, repair, operation or maintenance of group E equipment.

5. Group G

A bachelor’s degree in either mechanical engineering, mechanical and electrical engineering, construction machinery or automation or another equivalent degree with at least 2-year experience of inspection, design, manufacture, installment, repair, operation or maintenance of group G equipment.

6. Group H

A bachelor’s degree in either electrical engineering, automation, mechanical engineering or mechanical and electrical engineering or another equivalent degree with at least 2-year experience of inspection, design, manufacture, installment, repair, operation or maintenance of group H equipment.

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A bachelor’s degree in either electrical engineering, automation or mechanical and electrical engineering or another equivalent degree with at least 2-year experience of inspection, design or manufacture of group I equipment.

Article 8. Number of inspectors

Each inspecting organization shall have at least 2 inspectors responsible for each inspected object.

Article 9. Procedures and applications for the certificate of eligibility and the certificate of inspector

1. Organization or individual (applicant) that wishes to apply for issuance, extension or reissue of the certificate of eligibility or the certificate of inspector shall make and send 1 set of application to the Ministry of Industry and Trade by post, in person or through its website.

2. Procedures and applications for the issuance, extension and reissue of the certificate of eligibility shall be subject to provisions of Article 5 of the Decree No. 44/2016/ND-CP.  Details of such applications are specified in Articles 4, 5, 6, 7 and 8 herein.

3. Procedures and applications for issuance and reissue of the certificate of inspector shall be subject to Articles 11, 12 and 13 of the Decree No. 44/2016/ND-CP.

4. Equipment, documents and personnel specified in Articles 4, 5, 6, 7 and 8 herein shall only apply to requirements for issuance of the certificate of eligibility to the inspecting organization.

Chapter III

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Article 10. Form of providing training courses, refresher courses and examinations

1. First training courses and examinations shall apply to inspectors satisfying standards specified in Article 7 herein.

2. Re-training courses and re-examinations shall apply to inspectors having their certificates expired or revoked.

3. Refresher courses shall apply to inspectors whose certificates have been granted for 30 months from the date of their issuance.

Article 11. Programs and period of training and refresher courses

1. Training programs

a) General theory

- System of legislative documents relevant to occupational safety and hygiene and inspection thereof;

- Overview on the national technical regulation system on safety and national standards relevant to inspection thereof;

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- Overview on machines and equipment to which strict occupational safety requirements are applied and vehicles and tools used for inspection thereof;

- Methods of risk assessment and safety measures related to the inspection.

b) Specialized theory and practice in inspection of group A, B, C, D, E, G and I equipment

- Applied national technical regulations and national standards;

- Classification, structure principals and basic particularities;

- Requirements for measurement equipment and safety;

- Requirements for safety techniques in design, manufacture, installment, test, use, maintenance and repair of inspected objects;

- Specific dangerous elements of inspected objects and incidents frequently happening to inspected objects;

- Calculation related to safety assessment while carrying out inspections of machines and equipment;

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- How to inspect without destruction;

- Inspection process and carrying out inspections of inspected objects;

- Instructions on how to use inspected equipment;

- Practice in skills and profession related to inspection of each object (through inspection visits, software or simulated models).

c) Specialized theory and practice in inspection of group H equipment

As specified in Point b Clause 1 this Article and:

- Flammable gas and explosive dust atmosphere: Characteristics and classification of danger zones;

- Check, maintain, repair and install electrical equipment in explosive gas atmosphere.

2. Refresher programs

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b) Instructions on how to use newly inspected equipment;

c) Inspection process and carrying out inspections of inspected objects.

3. Period of training and refresher courses

According to entities provided with training and refresher courses, the occupational safety training center shall develop detailed programs and period of training and refresher courses with at least 6 days for a training course and at least 2 days for a refresher course.

Article 12. Provision of training and refresher courses

1. Provision of training and refresher courses in occupational safety inspection shall satisfy the following requirements:

a) There is adequate equipment suitable for inspected objects specified in Article 4 herein;

b) There are adequate technical documents suitable for inspected objects specified in Article 5 herein;

c) Trainers shall have appropriate expertise according to provisions of Article 7 herein and at least 5-year experience of inspecting activities.

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Article 13. Organization of examinations

1. The examination of inspectors shall be set by an examination board.

2. The examination board shall have at least 5 members and take responsibility for:

a) Developing tests and scripts on the scale of 100;

b) Organizing theory and practice tests;

c) Giving scores and assessing examination results;

d) Gathering examination results.

3. Contents of examinations

Contents of examinations shall be suitable for inspected objects according to provisions of Clause 1 Article 11 herein.

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a) Theory tests including writing and oral tests;

b) Practice tests taken on inspected objects, through software or simulated models.

5. In order to pass the examination, an examinee shall reach at least 80 points for the theory test and at least 75 points for the practice test.

6. The examinee after passing the examination shall be considered granting the certificate of inspector according to provisions of Article 9 herein.

Chapter IV

IMPLEMENTATION

Article 14. Publishing of information on the website of the Ministry of Industry and Trade

1. Published information about an organization granted the certificate of eligibility shall include:

a) Name, address and identification number of the inspecting organization;

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c) The validity period of the certificate of eligibility;

d) List of inspectors;

dd) Violations committed by the inspecting organization (if any).

2. Published information at the request of the occupational safety training center shall contain:

a) Name and address of the occupational safety training center;

b) Inspected subjects that are provided with training and refresher courses.

Article 15. Responsibilities of the Industrial Safety Techniques and Environment Agency

1. Provide guidelines for implementation of occupational safety inspection under the management of the Ministry of Industry and Trade.

2. Receive and process applications and request the Ministry of Industry and Trade to issue, extend, reissue or revoke the certificate of eligibility.

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4. Issue, reissue or revoke the certificate of eligibility.

5. Carry out inspections and take actions against violations of regulations on occupational safety inspection under the management of the Ministry of Industry and Trade.

6. Select occupational safety training centers in line with provision of Clause 1 Article 12 herein upon their requests together with details and plans for providing training and refresher courses.

7. Publish information related to occupational safety inspection under the management of the Ministry of Industry and Trade on the website thereof according to provisions of Article 14 herein.

Article 16. Responsibility of provincial Departments of Industry and Trade

1. Cooperate with relevant authorities in instructing and inspecting the compliance with provisions stated herein.

2. Collect information and make an annual report on the compliance with provisions stated herein in their provinces according to the specimen of Appendix No. 1 attached hereto before January 15.

Article 17. Responsibility of inspecting organizations

1. Carry out occupational safety inspection under regulations of law and provisions stated herein.

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3. Take responsibility for inspection results.

4. Provide refresher courses in occupational safety inspection.

5. Make an annual report prior to January 15 or a report on an ad hoc basis if required on occupational safety inspection according to the specimen of Appendix No. 2 attached hereto.

Article 18. Responsibility of organizations and individuals managing, owning and using machines and equipment to which strict occupational safety requirements are applied

1. Conduct inspections at inspecting organizations that have been granted the certificate of eligibility.

2. Maintain requirements for safe operation of machines and equipment.

3. Make an annual report prior to January 05 on inspections carried out to the Department of Industry and Trade of the province where the machine or equipment was installed according to the specimen of Appendix No. 3 attached hereto.

Article 19. Implementation provisions

1. This Circular comes into force from August 31, 2017 and replaces the Circular No. 35/2009/TT-BCT dated December 09, 2009 by the Ministry of Industry and Trade on requirements for operation of safety inspecting organizations.

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After such certificate expires or no later than August 31, 2018, all inspecting organizations and inspectors shall complete the issuance of such certificate according to provisions stated herein when carrying out inspections of machines, equipment and materials to which strict occupational safety requirements are applied under the management of the Ministry of Industry and Trade.

3. If legislative documents, standards or national technical regulations are amended, the amended ones shall prevail.

4. Any problems arising in the course of implementation shall be promptly reported to the Ministry of Industry and Trade.

MINISTER




Tran Tuan Anh