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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 18/2023/TT-BCT
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Hanoi, October 31, 2023
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CIRCULAR
AMENDING AND ANNULLING SEVERAL ARTICLES OF CIRCULARS ON OCCUPATIONAL
SAFETY INSPECTION UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE OF
VIETNAM
Pursuant to the Law on
Occupational Safety and Hygiene dated June 25, 2015;
Pursuant to Decree No.
96/2022/ND-CP dated November 29, 2022 of the Government of Vietnam on
functions, tasks, entitlements, and organizational structure of the Ministry of
Industry and Trade of Vietnam;
Pursuant to the
Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on detailing a number
of Articles of the Law on occupational safety and hygiene for technical
inspection of occupational safety, training of occupational safety and hygiene,
and monitoring of occupational environment;
Pursuant to Decree No.
140/2018/ND-CP dated October 8, 2018 of the Government of Vietnam on amendments
to Decrees related to requirements for investment and business and
administrative procedures subject to the state management scope of the Ministry
of Labor - War Invalids and Social Affairs of Vietnam;
Pursuant to Decree No.
4/2023/ND-CP dated February 13 of the Government of Vietnam on amendments to
several Articles of Decrees on business conditions and administrative
procedures within jurisdiction of the Ministry of Labor - War Invalids and
Social Affairs of Vietnam;
At the request of the
Director of the Industrial Safety Techniques and Environment Agency,
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Article
1. Amendments to several Articles of Circular No. 09/2017/TT-BCT dated July 13,
2017 of the Minister of Industry and Trade of Vietnam on occupational safety
inspection under the management of the Ministry of Industry and Trade of
Vietnam (hereinafter referred to as “Circular No. 09/2017/TT-BCT”)
1. Amendments to Clause 2
Article 3:
“2. Group B inspected
objects (group B) include:
- Group B1 inspected objects (group B1),
which are industrial boilers with a pressure of over 16 bars.
- Group B2 inspected
objects (group B2), which are pressure vessels, steam and hot water piping
systems”.
2. Amendments to Article
7:
“Article 7.
Inspectors
Inspectors shall meet
the standards specified in Article 9 of Decree No. 44/2016/ND-CP dated May 15,
2016 of the Government of Vietnam and Article 2 of Decree No. 140/2018/ND-CP
dated October 8, 2018 of the Government of Vietnam”.
3. Amendments to Article
10:
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1. Examinations after
training shall apply to individuals applying for certificates of inspectors for
the first time, inspectors with revoked certificates, and inspectors with
expired certificates.
2. Examinations after
advanced training shall apply to inspectors with issued certificates for at
least one time within 36 months from the issuance date of such certificates”.
4. Amendments to Article
11:
“Article 11. Training
and advanced training content and period
1. Training content
a) General theory
- The system of
legislative documents related to occupational safety and hygiene and inspection
thereof.
- Overview of the
system of national technical regulations on safety and national standards
related to inspection thereof.
- Overview on the
system of inspection procedures.
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- Methods of risk
assessment and safety measures related to the inspection.
b) Specialized theory
and practice in inspection of groups A, B, and C
- Applied national
technical regulations and national standards.
- Classification,
structure principals, and basic particularities.
- Requirements for
measurement equipment and safety.
- Operating principles
and inspection procedures for main measurement and control structures.
- Requirements for
safety techniques in the design, manufacture, installation, test, use, maintenance,
and repair of inspected objects.
- Specific dangerous
elements, elements that cause destruction and damage, and incidents commonly
happening to inspected objects.
- Calculations related
to safety assessment during inspections of machines and equipment.
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- How to inspect
without destruction.
- Inspection process
and implementation of inspections of inspected objects;
- Instructions on how
to use inspection equipment;
- Practical training in
skills and professions related to the inspection of each object (through
on-site inspections, software, or simulation models).
- Systems, devices,
and equipment for fire and explosion prevention and control; equipment for
warning and handling risks of explosive gas leak incidents (regarding group C).
c) Specialized theory
and practice in inspection of group D
- National technical
regulations and national standards applicable to LPG cylinders.
- Classification,
structure principals, and basic particularities.
- Particularities of
LPG.
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- Specific dangerous
elements, elements that cause destruction and damage, and incidents commonly
happening to LPG cylinders.
- Durability
calculation of LPG cylinders.
- How to assess the quality of welds;
How to inspect without destruction.
- Inspection process
and implementation of inspections of LPG cylinders.
- Types of damage and
discard standards during inspections of LPG cylinders.
- Instructions on how
to use inspection equipment;
-
Practical training in the implementation of the inspection process of LPG
cylinders.
d) Specialized theory
and practice in inspection of groups E and G:
- Applied national
technical regulations and national standards.
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- Requirements for
measurement equipment and safety.
- Operating principles
and inspection procedures for main measurement and control structures.
- Requirements for
safety techniques in the design, manufacture, installation, test, use,
maintenance, and repair of inspected objects.
- Specific dangerous
elements, elements that cause destruction and damage, and incidents commonly
happening to inspected objects.
- Calculations related
to safety assessment during inspections of machines and equipment.
- How to assess
the quality of welds.
- How to inspect
without destruction.
- Inspection process
and implementation of inspections of inspected objects;
- Instructions on how
to use inspection equipment;
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dd) Specialized theory
and practice in inspection of groups H and I
As specified in Point
d Clause 1 of this Article and:
- Flammable gas and
explosive dust atmosphere: Characteristics and classification of danger zones.
- Inspection,
maintenance, repair, and installation of electric equipment in explosive gas
atmosphere.
2. Advanced training
content
a) Update on
regulations prescribed in National Technical Regulations, National Standards,
and new regulations concerning the training content prescribed in Point a
Clause 1 of this Article.
b) Update on
professional knowledge.
c) Instruction on how
to use newly equipped inspection equipment.
d) Inspection process
and implementation of inspections of inspected objects.
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Professional
inspection training organizations shall, based on entities subject to training
and advanced training, develop detailed contents and periods for training and
advanced training with at least 6 days for a training course and at least 2
days for an advanced training course".
5. Amendments to Clause 1
Article 12:
“1. Units providing
training and advanced training courses shall:
a) Develop plans for
organizing training and advanced training courses for occupational safety
inspection with the following main contents:
- Expected time,
location, and number of learners.
- Contents of the
training and advanced training courses.
- List of lecturers
participating in training and advanced training in occupational safety
inspection (with qualifications and experiences concerning the inspection).
- Plans for
occupational safety inspection examinations after training and advanced
training courses.
b) Prepare sufficient
physical facilities and personnel and ensure safety and security throughout
training and advanced training courses, theory examinations, and practice
examinations.
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6. Amendments to Article
13:
“Article 13.
Organization of examinations
1. The Examination
Council for examinations of inspectors shall be established by the Director of
the Industrial Safety Techniques and Environment Agency.
2. The Chairperson of
the Council shall be the head of the Industrial Safety Techniques and
Environment Agency. The Examination Council shall have at least 5 members,
including the representatives of the training and advanced training providers,
and shall:
a) Approve the list of
learners eligible for examinations in accordance with Article 7 of this
Circular.
b) Develop and adjust
tests suitable for the learners.
c) Organize the theory
and practice examinations.
d) Establish Teams for
marking and assessing the examination results.
dd) Summarize the
examination results.
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The examination
content shall be suitable for the inspected objects according to Article 11 of
this Circular.
4. Examination forms
a) Regarding
examinations for certificates of inspectors:
- Theory examinations
shall be in written and oral forms.
- Practice examinations
shall be conducted directly on inspected objects, software, or simulation
models.
b) Regarding
examinations after advanced training courses, theory examinations shall be in
multiple-choice form.
5. Assessment of the
examination results:
a) Regarding examinations
for certificates of inspectors: an examination result shall be considered
“Qualified” if the theory score is at least 80 and the practice score is at
least 75 (on a scale of 100).
b) Regarding
examinations after advanced training courses: an examination result shall be
considered “Qualified” if the theory score is at least 80.
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6. Individuals who
have “Qualified” examination results shall be considered for issuance of
certificates according to Article 9 of this Circular".
7. Amendments to Article
14:
“Article 14.
Disclosure of information on the website of the Ministry of Industry and Trade
of Vietnam
1. Disclosed information
on an organization with an issued certificate of eligibility for inspection
operations includes:
a) Name, address, and
code of the inspection organization.
b) List of inspected
objects.
c) Validity period of
the certificate of eligibility.
d) Administrative
violations committed by the inspection organization (if any).
2. Disclosed
information at the request of a professional inspection training and advanced
training organization meeting the requirements prescribed Clause 1 Article 12
of this Circular includes:
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b) Inspected objects
included in the training or advanced training course”.
8. Amendments to Clause 1
Article 17:
“1. Carry out
occupational safety inspection in compliance with laws and this Circular.
In case of carrying
out the inspection based on risks, comply with regulations on risk-based
inspections prescribed in the corresponding National Technical Regulation”.
Article
2. Replacement and annulment of several Articles of Circular No.
09/2017/TT-BCT, Circular No. 37/2018/TT-BCT dated October 25, 2018 of the
Minister of Industry and Trade of Vietnam (hereinafter referred to as “Circular
No. 37/2018/TT-BCT”), and Circular No. 12/2020/TT-BCT dated June 18, 2020 of
the Minister of Industry and Trade of Vietnam (hereinafter referred to as
“Circular No. 12/2020/TT-BCT”)
1. The phrase “Thiết bị
kiểm tra chất lượng mối hàn” prescribed in Point a and Point d Clause 2 Article
4 of Circular No. 09/2017/TT-BCT and Clause 2 Article 1 of Circular No.
12/2020/TT-BCT is replaced with the phrase “Thiết bị kiểm tra chất lượng
mối hàn bằng phương pháp siêu âm”.
2. The phrase “Thiết bị
kiểm tra khuyết tật kim loại bằng phương pháp từ và thẩm thấu” prescribed
in Clause 1 Article 2 of Circular No. 37/2018/TT-BCT and the phrase “Thiết bị
kiểm tra khuyết tật kim loại bằng phương pháp từ, dòng điện xoáy và thẩm thấu” prescribed
in Point d Clause 2 Article 4 of Circular No. 09/2017/TT-BCT are replaced with
the phrase “Thiết bị kiểm tra khuyết tật kim loại bằng phương pháp từ”.
3. The phrase “Thiết bị
kiểm định van an toàn” prescribed in Point a Clause 2 Article 4 of Circular
No. 09/2017/TT-BCT is replaced with the phrase “Thiết bị kiểm tra van
an toàn”.
4. The phrase “Thiết bị
kiểm tra chất lượng mối hàn” prescribed in Point b Clause 2 Article 4o f
Circular No. 09/2017/TT-BCT is annulled.
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6. Point b Clause 5 Article
1 of Circular No. 12/2020/TT-BCT is annulled.
Article
3. Implementation provisions
1. This Circular comes
into force as of December 20, 2023.
2. Difficulties that
arise during the implementation of this Circular shall be reported to the
Ministry of Industry and Trade of Vietnam for considerations and solutions./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan