Circular No. 04/2008/TT-BLDTBXH guiding procedures for registration and verification of machines, equipment and supplies subject to strict labor safety requirements

 CIRCULAR

GUIDING PROCEDURES FOR REGISTRATION AND VERIFICATION OF MACHINES, EQUIPMENT AND SUPPLIES SUBJECT TO STRICT LABOR SAFETY REQUIREMENTS

Pursuant to the Governments Decree No. 06/CP of January 20, 1995 (amended and supplemented in 2002), detailing a number of articles of the Labor Code concerning labor safety and sanitation;

Pursuant to the Governments Decree No. 179/2004/ND-CP of October 21, 2004, on management of quality of products and goods;

Pursuant to the Governments Decree No. 186/2004/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

After obtaining opinions of concerned ministries, branches, localities and agencies, the Ministry of Labor War Invalids and Social Affairs guides procedures for registration and verification of machines, equipment and supplies subject to strict labor safety requirements as follows:

I. GENERAL PROVISIONS

1. Scope and objects of application

a/ This Circular applies to enterprises, agencies, organizations and individuals (below collectively referred to as establishments) that use machines, equipment and supplies of various kinds subject to strict labor safety requirements (below collectively referred to as objects), including also enterprises of armed forces and foreign agencies, organizations and individuals or international organizations based in Vietnam, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is contracting party.

Machines, equipment and supplies subject to strict labor safety requirements must be registered and verified before being put into use.

b/ Objects of application: machines, equipment and supplies on the list specified in Appendix 1 to this Circular.

2. Interpretation of terms

In this Circular, the terms below are construed as follows:

a/ Technical safety verification (referred to as verification for short) means an activity of assessing the technical state of verified objects under the provisions of relevant national technical regulations and standards on labor safety;

b/ Registration means an activity of recording objects in a monitoring book of the Labor Inspectorate of a provincial/municipal Labor, War Invalids and Social Affairs Service to serve the state management of labor safety with regard to objects on the list specified in Appendix 1 to this Circular;

c/ Technical safety verifying unit (referred to as verifying unit for short) means an organization that has registered to provide services of verification of technical safety of machines and equipment subject to strict labor safety requirements and satisfy the conditions specified by the Ministry of Labor, War Invalids and Social Affairs;

d/ Process of verification means a process during which a verifying unit carries out steps of verifying technical safety under national technical regulation (process of technical safety verification).

II. SPECIFIC PROVISIONS

1. Verification procedures

1.1. Establishments shall:

a/ Notify in writing their needs for verification directly or by post/fax/e-mail to verifying units so that the latter can carry out the verification: first time, regular or extraordinary;

b/ Supply technical documents related to verified objects, and send their representatives to witness the verification process;

c/ Solve problems which are likely to cause unsafely related to the work of verification, and create conditions for verifying units to perform the verification.

d/ Promptly report to the Ministry of Labor, War Invalids and Social Affairs (the Labor Safety Department) on the refusal to carry out the verification of verifying units for the latter to take timely actions.

1.2. Verifying units shall:

a/ Reach agreement with requesting establishments, within four working days after receiving their requests, on the verification. If verifying units are unable to satisfy verification requests of establishments, they shall notify such in writing to establishments, clearly stating reasons;

b/ Carry out the verification of objects strictly under the provisions of national technical regulations (process of technical safety verification) promulgated by the Ministry of Labor, War Invalids and Social Affairs or line ministries.

For machines and equipment not yet subject to any national technical regulation (process of technical safety verification)promulgated by the Ministry of Labor, War Invalids and Social Affairs or promulgated by line ministries and examined by the Ministry of Labor, War Invalids and Social Affairs, verifying units may base themselves on international or foreign technical regulations, standards or verification processes which have been recognized by Vietnam to carry out the verification;

c/ If verified objects satisfy all safety requirements for use, issue verification result slips (one copy) which are made according to a set form (not printed herein), to concerned establishments within five working days after publicizing verification written records.

d/ In the course of verifying objects, when detecting certain objects which are likely to cause incidents or labor accidents, stop the verification and notify such to concerned establishments for taking handling measures;

dd/ In the course of verification, if violating technical regulations or standards on labor safety and thereby causing damage to concerned establishments, pay compensations for damage under law, depending on the extent of damage.