Thông tư 04/2008/TT-BLDTBXH

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.

2. Registration procedures

2.1. Establishments shall:

a/ Within five working days after receiving verification result slips, send or authorize other units to send directly or by post/fax/e-mail registration dossiers to labor inspectorates of provincial/municipal Labor, War Invalids and Social Affairs Services for registration before putting verified objects into use. A registration dossier comprises:

- A written declaration for registration, made according to a set form (not printed herein);

- A notice of results of verification of machines and equipment subject to strict labor safety requirements (a copy).

b/ Make first-time registration only once before putting verified objects into use;

c/ Make re-registration of verified objects. Re-registration is required in the following cases:

- The registered object changes hand;

- The registered object is repositioned;

- The registered object has been renovated or repaired and, therefore, has its force-bearing structure or technical parameters changed.

d/ The registration for use of industrial explosives (classified as supplies subject to strict labor safety requirements) shall be guided by the Ministry of Industry and Trade under the Governments regulations. Establishments shall send copies of permits for use of industrial explosives to provincial/municipal Labor, War Invalids and Social Affairs Services (directly or by post/fax).

2.2. Places of registration

a/ Establishments shall register machines and equipment with Labor Inspectorates of provincial/ municipal Labor, War Invalids and Social Affairs Services of localities where these machines and equipment are installed or fixed for use.

Establishments shall register machines and equipment for mobile operation, such as crane trucks, rubber tire wheel cranes, caterpillar cranes, tower cranes, lifts and mobile performance floors, with Labor Inspectorates of provincial/municipal Labor, War Invalids and Social Affairs Services of localities where they are headquartered; and concurrently notify in writing Labor Inspectorates of provincial/municipal Labor, War Invalids and Social Affairs Services of localities where they intend to use these machines and equipment of specific places and durations of use.

b/ The registration of objects subject to strict labor safety requirements owned by establishments of armed forces complies with regulations of the Ministry of Defense and the Ministry of Public Security.

2.3. Provincial/municipal Labor, War Invalids and Social Affairs Services shall:

a/ Assign Labor Inspectorates to preserve registration dossiers sent directly or by post/fax by establishments for monitoring;

b/ Record registered objects in their registers, made according to a set form (not printed herein).

III. ORGANIZATION OF IMPLEMENTATION

1. Establishments shall:

a/ Manage and use objects subject to strict labor safety requirements, and have them verified and registered in strict compliance with this Circular;

b/ Work out annual plans on verification of objects;

c/ Manage and use objects in strict compliance with national technical regulations and standards on labor safety.

2. Verifying units shall:

a/ Organize timely verification under Item 1.2, Clause 1, Section II of this Circular;

b/ Send biannual reports (before July 5) and annual reports (before January 10 of the next year), made according to a set form (nor printed herein), on the verification in a year to Labor Inspectorates of provincial/municipal Labor, War Invalids and Social Affairs Services.

3. Provincial/municipal Labor, War Invalids and Social Affairs Services shall:

a/ Implement this Circular, and disseminate and guide its implementation;

b/ Inspect and examine the verification and use of objects, and handle violations according to its competence;

c/ Send biannual reports (before July 10) and annual reports (before January 15 of the next year), made according to a set form (not printed herein), on the verification in a year in their localities to provincial/municipal Labor, War Invalids and Social Affairs Services (the Labor Safety Department).

4. The Labor Safety Department shall:

a/ Assist the Minister of Labor, War Invalids and Social Affairs in performing the unified state management of registration and verification; set the form of verification result slip; adopt supplements or amendments to the list of machines, equipment and supplies subject to strict labor safety requirements;

b/ Guide and inspect the implementation of this Circular;

c/ Annually report on the registration and verification throughout the country.

5. Ministries, ministerial-level agencies, government-attached agencies and provincial/municipal Peoples Committees shall:

a/ Direct and urge establishments under their management to strictly comply with the provisions of this Circular;

b/ Study and propose to the Ministry of Labor, War Invalids and Social Affairs amendments and supplements to the list of machines, equipment and supplies subject to strict labor safety
requirements.

IV. IMPLEMENTATION EFFECT

1. This Circular takes effect 15 days after its publication in CONG BAO. and replaces Circular No. 23/2003/TT-LDTBXH of November 3, 2003, of the Ministry of Labor, War Invalids and Social Affairs, prescribing and guiding procedures for registration and verification of machines, equipment, supplies and substances subject to strict labor safety and sanitation requirements.

2. Registration certificates granted for registered objects before the effective date of this Circular remain valid, except for cases specified at Point c, Item 2.1, Section II of this Circular.

3. Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for study and settlement.

APPENDIX 1

LIST OF MACHINES, EQUIPMENT AND SUPPLIES SUBJECT TO STRICT LABOR SAFETY REQUIREMENTS
(Attached to Circular No. 04/2008/TT-BLDTBXH of February 27, 2008, of the Ministry of Labor, War Invalids and Social Affairs)

1. Boilers of all kinds (including also overheating and water-warming parts) with a fixed working steam pressure of over 0.7 bar (according to the classification under Vietnam standard TCVN 6004: 1995);

2. Water heaters with solvent temperature of over 115C (according to the classification under Vietnam standard TCVN 6004: 1995);

3. Pressure tanks with a fixed working pressure of over 0.7 bar (excluding hydrostatic pressure) (according to the classification under Vietnam standard TCVN 6153: 1996);

4. Cisterns and tanks used for storing and transporting liquefied gas or liquids with a working pressure of over 0.7 bar or non-pressure powder liquids and solids, which use gas with a pressure of over 0.7 bar (according to the classification under Vietnam standard TCVN 6153: 1996);

5. Cooling systems of all kinds (according to the classification under Vietnam standard TCVN 6104: 1996); except for those with working water or air solvent; cooling systems with a charged solvent volume of less than 5 kg for cooling solvents of group 1, or less than 2.5 kg for cooling solvents of group 2, or an unlimited charged solvent volume for cooling solvents of group 3;

6. Grade-I and -II steam or hot water pipelines with the outer diameter of 51 mm or more, grade-Ill and -IV pipelines with the outer diameter of 76 mm or more (according to the classification under Vietnam standards TCVN 6158 and 6159: 1996);

7. Fixed fuel gas pipeline made of metal;

8. Cranes of all kinds: crane trucks, rubber tire wheel cranes, caterpillar cranes, locomotive cranes, tower cranes, derrick cranes, cantilever cranes, and mini-cranes;

9. Bridge cranes: Roller bridge cranes, suspension bridge cranes;

10. Gentry cranes: Gantry cranes, semi-gantry cranes;

11. Cable hoists for earning cargoes or people; cable hoists in construction machinery, tilt well elevators; telphers for carrying people;

12. Electric pulleys: plain trolleys of a capacity of 1,000 kg or more;

13. Electric rail trolleys;

14. Electric hoists or capstans for inclined hoisting; elevating desks and boards for lifting people;

15. Manual hoists of a capacity of 1,000 kg or more:

16. Vertical lifts for cargos, humans or both cargos and people;

17. Bottles for containing and transporting compressed air, liquefied gases and dissolved gases with a working pressure of over 0.7 bar (according to the classification under Vietnam standard TCVN 6153: 1996 and ISO 1119-2002 on manufacture of gas cylinders of composite);

18. Systems for preparing and charging air, liquefied and dissolved gases;

19. Elevators of all kinds;

20. Escalators; conveyor belts for carrying people;

21. Explosives of all kinds;

22. Explosive devices (detonators, detonating wires, fuses, etc.);

23. Forklift trucks of a capacity of 1,000 kg or more, and automatic passenger transfer vehicles;

24. Public entertainment facilities: mobile performance floors; games in which people are lifted to a height of 2 m or more with a moving speed of 3 m/s or more compared with the fixed floor (roller coasters, merry-go-round, sliding troughs, etc.), expect those used for sport competition.