Thông tư 33/2015/TT-BCT

CIRCULAR

REGULATIONS ON TECHNICAL SAFETY INSPECTON FOR ELECTRICAL EQUIPMENT AND TOOLS

Pursuant to Law on Electricity dated December 03, 2004 and the Law on Amendments to a number of articles of Law on Electricity dated November 20, 2012;

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Law on Product and goods quality dated November 21, 2007;

Pursuant to the Government’s Decree No. 14/2014/ND-CP dated February 26, 2014 detailing the implementation of Law on Electricity;

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of the Industrial Safety Techniques and Environment Agency,

The Minister of Industry and Trade promulgates the Circular on technical safety inspection for electrical equipment, tools.

Article 1. Governing scope

This Circular stipulates technical safety inspection for electrical appliances and tools before and during operation.

Article 2. Regulated entities

This Circular applies to:

1. Organizations and/or individuals using, operating electrical appliances and tools subject to technical safety inspection;

2. Inspecting organizations;

3. Other relevant organizations and/or individuals;

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Technical safety inspection for electrical appliances and tools (herein ‘inspection’) refers to the process-based inspection of safety of electrical appliances and tools before and during operation according to respective technical standards and regulations.

2. Environment with hazards from flammable gas and explosive dust refers to the environment filled with a mixture of air and flammable substances in the form of gas, vapor or dust under atmospheric pressure conditions, and most likely to cause a fire or an explosion upon ignition.

3. Inspecting organization means: an organization providing inspection services or an inspection department of an organization using and operating electrical appliances and tools.

Article 4. List of electrical appliances and tools subject to inspection

1. The list of electrical appliances and tools subject to inspection is stipulated in Annex I enclosed herewith.

2. Based on actual circumstances, the Ministry of Industry and Trade shall make amendments and supplements to “The list of electric equipment subject to inspection” to meet management requirements, technical conditions of electric equipment and relevant law provisions.

Article 5. Subject matters of inspection

Subject matters of inspection are stipulated in the inspection processes promulgated corresponding to each type of electric equipment including one or several main points as follows:

1. Exterior inspections;

2. Measurement of insulation resistance;

3. Measurement of resistance in coils;

4. Inspection of dielectric strength;

5. Measurement of contact resistance;

6. Measurement of leakage currents;

7. Measurement of switching parameters;

8. Inspection of operation of safety mechanisms, protective components such as speed limiters, brakes;

9. The electric equipment mentioned in Section I, Annex I enclosed herewith, apart from points 1 – 8 of this Article, shall be subject to inspection of connection mechanism, equipment cover, heat emission and fire protection structures.

Article 6. Inspection cycle

1. Initial inspection shall be conducted before the equipment is put into operation.

2. Periodic inspection shall be conducted during the equipment is in operation;

a) Any equipment which is an integral part of the line and cannot be separated for inspection shall be inspected according to the cycle of equipment line overhaul unless otherwise as regulated in Clause 3 of this Article;

b) Any equipment other than those mentioned in Point a of this Clause shall be inspected periodically as stipulated by the manufacturer, but at least every:

- 12 months for the equipment prescribed in Section I, Annex I enclosed herewith;

- 36 months for the equipment prescribed in Section II and Section III, Annex I enclosed herewith.

3. Irregular inspections

Irregular inspections shall be conducted at the request of competent state agencies or after remedial work is completed or at the request of electric equipment users.

Article 7. Inspection of electrical appliances and tools

1. The inspection of electrical appliances and tools shall be carried out by an inspecting organization that meets requirements as prescribed in the Ministry of Science and Technology’s Instructions on implementation of the Law on Product and Goods Quality and have registered with the Ministry of Industry and Trade as prescribed in Article 8 herein.

2. Content of the inspection process shall be formulated by the inspecting organization on the basis of framework process issued by the Ministry of Industry and Trade. If the framework process has not been issued yet, the inspecting organization shall formulate and issue the inspection process (including written record of inspection) for each type of electric equipment on the basis of national technical standards and regulations in Annex II enclosed herewith; foreign technical regulations and standards applicable in Vietnam; the manufacturer’s instructions. All items and inspection methods shall be represented in each specific process.

3. After the inspection is completed, inspection stamps shall be stuck on any equipment that meets the requirements at a position which is noticeable and free from adverse impacts of the environment. Specimen inspection stamps are prescribed in Annex III enclosed herewith.

Any equipment located at a place/an environment where stamps cannot be stamped shall be granted the Certificate of inspection according to the form as prescribed in Annex IV enclosed herewith.

4. Within 10 working days since the inspection is completed, the written record of inspection shall be delivered to electric equipment users.

Article 8. Registration of inspection service provision

1. Any organization that wishes to provide electric equipment inspection services as prescribed herein shall submit applications in person, by post or via the Internet to the Ministry of Industry and Trade.

Applications are prescribed in Article 9 herein.

2. Within three working days since receipt of the application, if the application is not adequate and eligible, the Ministry of Industry and Trade make requests to the inspecting organization for supplements or revisions.

3. If the application meets the requirements, within 20 working days since receipt of the application, the Ministry of Industry and Trade shall issue the written notification and publish information about the organization on its website.

Any organization that fails to meet the requirements, within 10 working days since receipt of the application, the Ministry of Industry and Trade shall make a written reply stating the reasons for such failure.

4. Supplements and revisions to information

a) Within 10 working days since the scope of activities, inspection performance capacity are changed, any organization that meets requirements as prescribed in the Ministry of Science and Technology’s Instructions on implementation of the Law on Product and Goods Quality shall register supplements and revisions with the Ministry of Industry and Trade according to the form as prescribed in Annex VIII enclosed herewith accompanied by documents relating to such changes.

b) Within five working days since receipt of all documents as prescribed in Point a of this Clause, the Ministry of Industry and Trade shall review and publish the revisions made by the inspecting organization on its website.

5. Removal of information

a) Cases subject to removal of information

- Provided information is incorrect or information is changed without registration within a prescribed period of time.

- A competent authority concludes that requirements of provision of inspection services are not satisfied;

- Requirements set out in Article 7 herein are not satisfied.

b) The Ministry of Industry and Trade shall issue a written request to the inspecting organization for remedying one or several points failing to meet Point a of this Clause within a prescribed period of time. If the organization fails to perform remedial work after such period of time, the Ministry of Industry and Trade shall remove the published information from its website.

Article 9. Applications for registration of inspection services

1. An application includes:

a) Request form according to form in Annex V enclosed herewith;

b) Certificate of Enterprise registration or establishment decision;

c) List of technical documents and inspection processes according to form in Annex VI enclosed herewith;

d) Inspection process of each electric equipment to be inspected;

dd) List of inspectors according to the form in Annex VII enclosed herewith; recruitment decision or employment contract, inspector cards and diplomas in relevant specialties.

Inspector cards (see form in Annex IX enclosed herewith).

e) Certificate of laboratories that meet Vietnam Standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005 (if any);

g) Certificates of accreditation issued by Vietnam’s accreditation body or accreditation bodies as members of Pacific Accreditation Cooperation (PAC) and International Accreditation Forum (IAF) (if any).

2. Applications are delivered in person or by post.

a) In person

Documents as prescribed in Points b, dd (Recruitment decision or employment contract, inspector cards, diplomas), Points e, g, Clause 1 of this Article are copies accompanied by originals for comparison or as prescribed in Point b of this Clause.

b) By post

Documents as prescribed in Points b, dd (Recruitment decision or employment contract, inspector cards, diplomas), Points e, g, Clause 1 of this Article are certified copies according to laws.

3. Applications are delivered via the Internet

a) Applications may be delivered via the Internet if:

- Access to the Internet is available;

- Registration for log-in accounts to the information system (on the website of the Ministry of Industry and Trade) has been made;

- Digital signature has been registered with the Ministry of Industry and Trade.

b) Applications delivered via the Internet

- Request form according to form in Annex V enclosed herewith (electronic form);

- Color scans of the documents as prescribed in Points b, c, d, dd, Clause 1 of this Article;

- Color scans of the documents as prescribed in Points e, g, Clause 1 of this Article (if any);

c) Procedures for registration via the Internet

The procedures are specified on the information system on the website of the Ministry of Industry and Trade.

Article 10. Implementation

1. Industrial Safety Techniques and Environment Agency shall:

a) Instruct and organize the implementation of this Circular;

b) Receive applications, publish the list of inspecting organizations on the website of the Ministry of Industry and Trade; perform activities related to revision, addition and removal of information of an inspecting organization;

c) Carry out regular or irregular inspection of the compliance with regulations on technical safety inspection for electric equipment by inspecting organizations, electric equipment users across the country.

2. The Service of Industry and Trade shall be responsible for instructing and inspecting the compliance with regulations on inspection by inspecting organizations, electric equipment users in their provinces.

3. Every electric equipment user shall:

a) Select an organization qualified for inspection as prescribed herein;

b) Formulate a list of electric equipment subject to inspection for management;

c) Formulate plans for separation of equipment from the equipment line for inspection in accordance with the cycle of equipment line overhaul as prescribed in Article 6 herein;

d) Put forward measures to ensure safety for inspectors performing inspection and relevant electric equipment system in operation during the inspections;

dd) Supervise inspection conducted by the inspecting organization according to the issued process;

e) Maintain and ensure conformity of inspected equipment during operation according to Vietnam's technical regulations and standards, international technical regulations and standards applicable in Vietnam.

4. Every inspecting organization shall:

a) Comply fully with provisions as prescribed in Article 7 herein and relevant legislative documents;

b) Perform inspection within the registered scope of activities;

c) Adhere to the inspection process, ensure quality and punctuality;

d) Ensure accuracy in inspection performance capacity;

dd) Only employ inspectors from another inspecting organization under a written cooperation agreement between the two inspecting organizations.

e) Take responsibility for the results given by its inspectors and the other inspecting organization’s inspectors.

g) Be liable for compensation for any damage caused according to laws. Cancel results upon discovery of violations;

h) Provide training and grant inspector cards according to laws;

Article 11. Effect

1. This Circular takes effect since January 06, 2017.

2. Any amendment, supplement or replacement to the legislative documents/national technical regulations, standards referred to in this Circular shall prevail over other previous ones.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration and handling./.

ANNEX I

LIST OF ELECTRICAL APPLIANCES AND TOOLS SUBJECT TO INSPECTION (Enclosed with the Ministry of Industry and Trade’s Circular No. 33/2015/TT-BCT dated October 27, 2015)

ANNEX II

APPLICABLE TECHNICAL STANDARDS, REGULATIONS (Enclosed with the Ministry of Industry and Trade’s Circular No. 33/2015/TT-BCT dated October 27, 2015)