Chương IV Quyết định 18/2019/QĐ-TTg : Hoạt động giám định máy móc, thiết bị, dây chuyền công nghệ đã qua sử dụng

Chapter IV

INSPECTION OF USED MACHINERY, EQUIPMENT AND TECHNOLOGICAL LINES

Article 10. Certificate of inspection of used machinery, equipment and technological lines

1. A certificate of inspection of used machinery, equipment or technological line as regulated in this Decision must, inter alia, include:

a) Name, manufacturing year, brand, number, model, name of country of manufacturing, and name of manufacturer of the used machinery or equipment;

b) Time and location of inspection;

c) Status of the inspected machinery, equipment or technological line (operating or out of order);

d) Inspection method or process; number and name of National Technical Regulation (QCVN), National Standard (TCVN) or national standard of one of G7 countries or Korea with regard to safety, energy saving, and environmental protection (if any) employed to evaluate the conformity of technological line as regulated in Clause 1 Article 5 or evaluate the conformity of machinery or equipment as regulated in Clause 2 Article 6 hereof;

In case National Technical Regulation (QCVN), National Standard (TCVN) or national standard of one of G7 countries or Korea with regard to safety, energy saving, and environmental protection is not available when inspecting used machinery, equipment or technological line, this content must be specified in the inspection certificate.

dd) With regard to inspection of used technological lines: Evaluate and assess inspection results according to each criterion specified in Clauses 1-5 Article 5 hereof, and reach the conclusion whether the used technological line satisfies requirements in Article 5 hereof or not. Regarding the criterion specified in Clause 5 Article 5, name of country, and name of manufacturer applying technologies, contact address, website (if any), and capacity must be specified;

e) With regard to inspection of used machinery and equipment: Evaluate and assess inspection results according to each criterion specified in Clause 1 and Clause 2 Article 6 hereof, and reach the conclusion whether the used machinery or equipment satisfies requirements in Article 6 hereof or not;

g) With regard to inspection of machinery and equipment in cases provided for in Article 9 hereof, make evaluation and assessment of:

- Technical specifications of machinery/ equipment;

- Status of machinery/ equipment;

- Maintenance of machinery/ equipment;

- Its satisfaction of criterion in Clause 2 Article 6 hereof;

- Level of satisfaction of safety, energy saving and environmental protection standards;

- Remaining capacity (which is the number of products that the machinery/equipment produces in a given time period) or performance compared to its design capacity;

- Amount of raw materials/ energy consumed by the machinery or equipment compared to its design consumption level;

- Remaining useful life of piece of machinery/ equipment;

- Color photos of machinery/equipment, including: photos showing overall appearance, photos of main structures of machinery/ equipment, photos of information and/or label affixed on machinery/equipment showing its technical specifications.

2. Validity of an inspection certificate:

a) With regard to a used technological line, the inspection certificate is valid if it has been granted within 18 months before the technological line arrives at a Vietnam’s port;

b) With regard to a piece of used machinery/equipment, the inspection certificate is valid if it has been granted within 06 months before the machinery/equipment arrives at a Vietnam’s port.

3. The inspection of a used technological line according to criteria in Article 5 hereof must be conducted in the exporting country while the technological line is operating.

Article 11. Application and procedures for designation as inspection body for used machinery, equipment and technological lines

1. The Ministry of Science and Technology shall cooperate with relevant ministries and ministerial agencies in designating and accrediting, under bilateral or multilateral agreements, inspection bodies for used machinery, equipment and technological lines, and publishing the list of designated/accredited inspection bodies on the portal of Ministry of Science and Technology for serving enterprises’ selection of inspection services.

2. Requirements to be satisfied by an inspection body:

a) Regarding a domestic inspection body:

It has the Certificate of registration of inspection services granted according to the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016, in which inspection of machinery, equipment and technological lines must be specified.

b) Regarding a foreign inspection body:

It must comply with the law of the host country on inspection services and has been accredited by an accreditation body that is a signatory of conformity assessment mutual recognition agreements of regional or international accreditation organizations with regard to inspection of machinery, equipment and technological lines.

3. Application for registration and procedures for designation as an inspection body:

a) Application for registration and procedures for designation as a domestic inspection body shall conform to Article 18b, Article 18d of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, as amended in Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018;

b) An application for registration of designation as a foreign inspection body includes the documents prescribed in Points a, c, d, e Clause 1 Article 18d (for initial registration) or Points a, c, d, e Clause 2 Article 18d (for change or addition of designated inspection fields/scope) of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, as amended in Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018, and the copy of the license to provide inspection services issued by a competent authority of the country in which the inspection body registered, enclosed with the consularly legalized Vietnamese translation. Foreign language documents included in the application must be translated into Vietnamese.

Procedures for designation as a foreign inspection body shall conform to Article 18d of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, as amended in Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018.