Thông tư 18/2023/TT-BCT sửa đổi và bãi bỏ một số điều của Thông tư quy định hoạt động kiểm định kỹ thuật an toàn lao động thuộc thẩm quyền quản lý của Bộ Công Thương

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,

The Minister of Industry and Trade of Vietnam hereby promulgates a Circular on amending and annulling several Articles of Circulars on occupational safety inspection under the management of the Ministry of Industry and Trade of Vietnam.

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:

“Article 10. Form of providing training courses, advanced training courses, and examinations

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.

- Overview on machines and devices to which strict occupational safety requirements are applied and equipment 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 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.

- 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;

- 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.

- Requirements for safety techniques in the design, manufacture, test, and use of LPG cylinders.

- 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.

- 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.

 - 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;

- Practical training in skills and professions related to the inspection of each object (through on-site inspections, software, or simulation models).

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.

3. Training and advanced training content and period

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.

c) Develop training and advanced training documents in conformity with Article 11 of this Circular”.

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.

3. Examination content

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.

c) Learners shall have a 2nd examination if they fail the 1st one.  The Examination Council shall decide the time and location.

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:

a) Name and address of the professional inspection training and advanced training organization.

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.

5. Clause 6 Article 15 of Circular No. 09/2017/TT-BCT is annulled.

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./.