Thông tư 41/2016/TT-BLDTBXH

CIRCULAR

PRESCRIBING MINIMUM SERVICE PRICES OF OCCUPATIONAL-SAFETY TECHNICAL INSPECTION OF MACHINERY, EQUIPMENT, SUPPLIES AND SUBSTANCES SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS

Pursuant to the June 20, 2012 Law on Price;

Pursuant to the November 25, 2015 Law on Charges and Fees;

Pursuant to the Governments Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of a number of articles of the Law on Price;

Pursuant to the Governments Decree No. 149/2016/ND-CP of November 11, 2016, amending and supplementing the Government s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of a number of articles of the Law on Price;

Pursuant to the Government's Decree No. 44/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health regarding technical inspection on occupational safety, training in occupation safety and health and monitoring of occupational environment;

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the Director of the Department of Work Safety,

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular prescribing minimum service prices of occupational-safety technical inspection of machinery, equipment, supplies and substances subject to strict occupational safety requirements.

Article 1. Scope of regulation

This Circular prescribes service prices of occupational-safety technical inspection of machinery, equipment, supplies and substances subject to strict occupational safety requirements.

Article 2. Subjects of application

1. Organizations and individuals that use machinery, equipment and supplies subject to strict occupational safety requirements shall, when requesting organizations engaged in technical inspection on occupational safety to perform inspection, pay service prices under this Circular.

2. Organizations engaged in technical inspection on occupational safety.

Article 3. Levels of service prices of technical inspection on occupational safety

1. The levels of service prices of technical inspection on occupational safety provided in the List of service prices of technical inspection on occupational safety to this Circular are the minimum.

2. The levels of service prices of technical inspection on occupational safety prescribed in this Circular are inclusive of valued-added tax.

3. Inspection organizations shall pay taxes on the money amounts they have collected and may manage and use the remainder in accordance with law.

4. Based on the minimum price levels specified in Clause 1 of this Article, directors of organizations engaged in technical inspection on occupational safety shall set specific service price levels of technical inspection of machinery, equipment, supplies and substances subject to strict occupational safety requirements, which must not be lower than the minimum price levels specified in this Circular.

5. Organizations engaged in technical inspection on occupational safety shall send documents providing specific price levels to the Department of Work Safety of the Ministry of Labor, War Invalids and Social Affairs for monitoring and inspection.

Article 4. Management of service prices

1. Providers of the service of technical inspection of machinery, equipment, supplies and substances subject to strict safety requirements shall post up prices, publicize prices and observe the law on price, law on occupational safety and health, and relevant legal documents.

2. When collecting service charges for technical inspection of machinery, equipment, supplies and substances subject to strict safety requirements, organizations engaged in technical inspection on occupational safety shall use service provision invoices as prescribed in the Government’s Decree No. 51/2010/ND-CP of May 14, 2010, on goods sale and service provision invoices; the Government’s Decree No. 04/2014/ND-CP of January 17, 2014, amending and supplementing a number of articles of Decree No. 51/2010/ND-CP; the Ministry of Finance’s Circular No. 39/2014/TT-BTC of March 31, 2014, guiding the implementation of Decree No. 51/2010/ND-CP of May 14, 2010, and Decree No. 04/2014/ND-CP of January 17, 2014, and replacing or amending and supplementing documents (if any).

Article 5. Organization of implementation

1. This Circular takes effect on January 1, 2017.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.

* The List of service prices of technical inspection on occupational safety promulgated together with this Circular is not translated.-