Chapter II
TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY
Article 4. Conditions for issue of Certificate of eligibility for technical inspection of occupational safety
1. The organizations as non-business units and enterprises that are issued with Certificate of eligibility for technical inspection of occupational safety must meet the following conditions:
a) Are established by laws and permitted to provide the services of technical inspection of occupational safety.
b) Ensure the equipment and instruments for inspection for each object within the inspection as required in the inspection procedures and national technical regulations on occupational safety and sanitation.
c) Have all technical materials about each object within the inspection of the inspection procedures.
d) Have at least 02 inspectors working under contract from 12 months or more of the organization to carry out the inspection for each object within the range to request the issue of Certificate of eligibility for inspection.
dd) The person in charge of techniques of inspection of the organization must graduate from university of technical specialty and have carried out the technical inspection of occupational safety for at least 03 years.
2. The equipment, materials and personnel specified under Points b, c, d and dd, Paragraph 1 of this Article are only used as the conditions to request the issue of Certificate of eligibility for technical inspection of occupational safety for an organization.
Article 5. Dossier and procedures for issue, renewal and re-issue of Certificate of eligibility for technical inspection of occupational safety
1. The dossier for issue of Certificate of eligibility for technical inspection of occupational safety comprises of:
a) Application for issue of Certificate;
b) Copy of Certificate of enterprise registration for enterprises or establishment decision for the non-business enterprises;
c) List of equipment and instruments for inspection;
d) List of technical materials;
dd) Documents of inspector comprise of:
- Copy of Certificate of inspector;
- Copy of labor contract;
e) Documents of the person in charge of inspection techniques comprise of:
- University degree;
- Documents evidencing inspection experience.
2. Dossier to renew the Certificate of eligibility for technical inspection of occupational safety includes:
a) Application for renewal of Certificate;
b) Issued Certificate;
c) Documents specified under Points b, c, d, dd and e, Paragraph 1 of this Article in case of change;
3. The dossier for re-issue of Certificate of eligibility for technical inspection of occupational safety is stipulated as follows:
a) For case of addition or modification Certificate, the dossier includes:
- Application for addition or modification Certificate;
- Issued Certificate;
- Documents evidencing the change of condition for issue of Certificate.
b) For the lost and damaged Certificate, the dossier includes:
- Application for re-issue of Certificate;
- Issued Certificate in case of damage.
4. The forms of dossier components specified in Clauses 1, 2 and 3 of this Paragraph are specified in Appendix Ia issued with this Decree.
5. The order and procedures for issue, renewal and re-issue of Certificate of eligibility for technical inspection of occupational safety is stipulated as follows:
a) Organizations wishing the issue, renewal and re-issue of Certificate should send a dossier for issue, renewal and re-issue of Certificate as specified in Clause 1, Article 6 of this Decree and pay the inspection fees as provided for by the Ministry of Finance
For case of renewal, at least 30 days before the expiration of duration indicated in the Certificate, the organizations should send their dossiers to the competent authorities as stipulated in Paragraph 1, Article 6 of this Decree.
b) Within 30 days, after fully receiving the prescribed dossier, the competent authorities shall verify, issue, renew or re-issue the Certificate or reply in writing and state the reasons in case of disapproval.
Article 6. Authority to issue, renew, re-issue or revoke the Certificate of eligibility for technical inspection of occupational safety
1. The authority to issue, renew, re-issue or revoke the Certificate of eligibility for technical inspection of occupational safety is provided for in the Appendix Ib issued with this Decree.
2. The form of Certificate of eligibility for technical inspection of occupational safety is provided for in the Appendix Ib issued with this Decree.
Article 7. Duration of Certificate of eligibility for technical inspection of occupational safety
1. 05 years for new or renewed Certificate.
2. Case of re-issue is the remaining time of the issued Certificate.
Article 8. Revocation of Certificate of eligibility for technical inspection of occupational safety
The Certificate of eligibility for technical inspection of occupational safety shall be revoked in the following cases:
1. The duration of suspended inspection is over without remedy of suspended causes.
2. Performing the inspection during the time of suspension.
3. Forging or perjuring documents in dossier for issue, renewal and re-issue of Certificate.
Article 9. Standards of inspectors
1. Have university level or higher of engineering specialty in line with the inspected objects;
2. Are fit for meeting job requirements;
3. Have at least 02 years working as inspector or perform work of design, production, installation, repair, operation and maintenance of inspected objects;
4. Have completed the training and testing course and successfully passed the requirements for inspection techniques of occupational safety to the inspected objects or have the time of carry out the inspection over the inspected objects more than 10 years by the time of effect of this Decree.
Article 10. Certificate of inspector
1. The Certificate of inspector is issued to the individuals who ensure the standards of inspectors specified in Article 9 of this Decree.
2. The Certificate of inspector is re-issued by the competent authorities in the following cases:
a) Addition or modification of content of Certificate of inspector;
b) Certificate of inspector is expired;
c) Certificate of inspector is lost or damaged;
d) Re-issue after revocation. The Certificate of inspector is only considered for re-issue after at least 06 months from the date of revocation.
3. The body with authority to issue the Certificate of inspector is the professional body of the ministries with authorities to issue the Certificate of eligibility for inspection specified in Appendix Ib issued with this Decree; the issue of Certificate of inspector is done according to the inspected objects under the management of each ministry.
Article 11. Dossier for issue of Certificate of inspector
1. Application for issue of Certificate of inspector;
2. Certified copy or original for comparison of university degree of the requester of issue of Certificate;
3. Documents evidencing the standards specified in Paragraphs 3 and 4, Article 9 of this Decree;
4. Health Certificate in the past 06 months from the date of request;
5. Copy of ID card or Passport or Citizen card.
6. Two color photos 3x4 cm of the issue requester taken in the past 06 months from the date of request;
Article 12. Dossier for re-issue of Certificate of inspector
1. In case of addition or modification of content of Certificate of inspector, the dossier includes:
a) Application for re-issue of Certificate of inspector;
b) Original of issued Certificate;
c) Documents evidencing the consistency of request for addition or modification;
d) Two color photos 3x4 cm of the re-issue requester taken in the past 06 months from the date of request;
2. Dossier for re-issue of Certificate of inspector upon its expiration includes:
a) Application for re-issue of Certificate of inspector;
b) Original of issued Certificate;
c) Result of testing before re-issue;
d) Health Certificate in the past 06 months from the date of request;
3. Where the Certificate of inspector is lost or damaged, the dossier includes:
a) Application for re-issue of Certificate of inspector;
b) Copy of Certificate of inspector (if any) or sign number of Certificate of inspector issued;
c) Two color photos 3x4 cm of the re-issue requester taken in the past 06 months from the date of request;
4. For the revoked Certificate of inspector is considered for re-issue, the dossier includes:
a) Application for re-issue of Certificate of inspector;
b) Report on compliance with the requirements and recommendation of the competent authorities about remedy of violation;
c) Documents evidencing the completion of course of training and testing and successful pass over the requirements for inspection techniques of occupational safety to the inspected objects after the time the decision on revocation of Certificate is effective for cases specified under Points c and dd, Paragraph 2, Article 14 of this Decree;
d) Two color photos 3x4 cm of the re-issue requester taken in the past 06 months from the date of request;
5. The forms of dossier components specified in Article 11, Paragraphs 1, 2, 3 and 4 of this Article are specified in Appendix Ic issued with this Decree.
Article 13. Order for issue, re-issue and duration of Certificate of inspector
1. The individuals who need the issue, re-issue and duration of Certificate of inspector should prepare a dossier and send it to the competent authorities specified in Paragraph 3, Article 10 of this Decree for issue or re-issue of Certificate of inspector. The dossier for issue of Certificate of inspector can be sent together with the dossier for issue of Certificate of eligibility for technical inspection of occupational safety.
2. Within 06 working days after fully receiving the prescribed dossier, the competent authorities shall issue the Certificate to the inspector; in case of disapproval for issue or re-issue, it must reply in writing and state the reasons.
3. The form of Certificate of inspector is specified in the Appendix Ic issued with this Decree.
4. The Certificate of inspector is valid for 05 years.
Article 14. Management and use of Certificate of inspector
1. The inspectors must present their Certificate of inspector as required by the state competent authorities and with organizations and individuals having the objects for inspection; only conduct the inspection to the inspected objects within the range specified on the Certificate of inspector.
2. The Certificate of inspector shall be revoked in the following cases:
a) Forging or perjuring documents in dossier for issue and re-issue of Certificate of inspector.
b) Arbitrarily erase or modify the content of Certificate;
c) Not having worked for any inspecting organization for 12 months or more;
d) Conducting the inspection beyond the range specified in the Certificate of inspector;
dd) Having conduction the inspection not in line with the inspection procedures.
3. The body with issue authority is the body with authority to issue the decision on revocation of Certificate of inspector.
Article 15. Responsibility of Organization of technical inspection of occupational safety
1. Releases the inspection record to the organizations and individuals using the machine, equipment and materials with strict requirement for occupational safety; affixes inspection stamp or indicates the inspection information on the inspected objects and issues the organization and individual using the inspected objects with the Certificate of inspection result (01 copy) within 05 working days from the date of release of record if the inspection result meets the requirements.
2. Where the inspected objects do not meet the requirements and are detected to possibly cause the occupational incidents or accidents, it shall not issue the Certificate of inspection result and notify the establishment for remedial actions.
3. Annually, from the 1st date to the 10th date of December, it shall make report on the reality of technical inspection of occupational safety to the body with authority to issue the Certificate of eligibility for technical inspection of occupational safety.
4. Ensures the independence and objectiveness in supply of inspection services.
5. Sends its inspectors to attend the classes of inspection technique training of occupational safety.
6. Sends the Certificate of eligibility for technical inspection of occupational safety and the Certificate of inspector revoked to the body with authority to issue the Certificate of eligibility for technical inspection of occupational safety.
7. Must not provide the inspection services during the time of being suspended or its Certificate of eligibility for technical inspection of occupational safety is revoked; must not employ the inspectors whose Certificate of inspector is revoked for inspection.
8. The form of Certificate of inspection result; form of inspection stamp and form of report on reality of inspection are specified in the Appendix Id issued with this Decree.
Article 16. Responsibility of organizations and individuals using machine, equipment and materials with strict requirements on occupational safety
1. Select the technical inspecting organization of occupational safety to conduct the first inspection before using them or periodical inspection during the course of using the machine, equipment and materials with strict requirements on occupational safety; only put into use the machine, equipment and materials with strict requirements on occupational safety that are inspected and meet the requirements.
2. Notifies the Department of Labor - Invalids and Social Affairs in locality within 30 days before or after using the machine, equipment and materials with strict requirements on occupational safety, unless otherwise specified by the specialized law.
3. Keeps the dossier of technical safety of the inspected objects as stipulated in the national regulations on occupational safety and sanitation. In case of re-assignment (or sub-lease) of the inspected objects, the seller (or sub-lessor) must hand over all dossier of technical safety to the buyer (or sub-lessee).
4. Creates conditions for the inspecting organization to conduct the inspection and prepares all technical materials related to the inspected objects to provide for the inspector and appoints the representative to witness the inspection.
5. Carries out the recommendations of the inspecting organization in ensuring the safety during the use of inspected objects; must not continue using the inspected objects which do not meet the requirements or their inspection duration is expired.
6. Manages, uses and removes the inspected objects in accordance with the provisions in the national technical regulations on occupational safety and sanitation and as guided by the manufacturer.
7. The form of notification document of use of machine, equipment and materials with strict requirements on occupational safety is specified in the Appendix Idd issued with this Decree.
Tìm kiếm
Nghị định 44/2016/NĐ-CP (Bản Word)
Nghị định 44/2016/NĐ-CP (Bản Pdf)