CIRCULAR No 22/TTLDTBXH DATED 08/11/1996  OF THE MOLISA

GIVING INSTRUCTIONS FOR THE DECLARATION, REGISTRATION AND APPLICATION

FOR THE USE OF MACHINERY, EQUIPMENT, MATERIALS

AND SUBSTANCES HAVING STRICT

OCCUPATIONAL SAFETY REQUIREMENTS

Pursuant to Articles No 96, 185, 186 of the Labour Code dated 23'6/1994;

Pursuant to Governmental Degree No 96/CP dated 7/12/1993 to stipulate the functions, responsibilities, rights and organisation of MOLISA;

MOLISA instructs the declaration, registration and application for use of machinery, equipment, materials and substances having strict occupational safety requirements as follows:

I-SUBJECTS AND SCOPE OF APPLICATION

All undertakings, bodies, organisations, individuals (Enterprise for short) using machinery, equipment, materials, substances having strict occupational safety requirements (Objects for short) specified in the list issued of MOLISA in Appendix 1 attached to this Circular shall declare, register and apply for operating licence with the State Inspector on occupational safety.

These enterprises include:

- State-owned enterprises

- Enterprises in other economic sectors, collective units, organisations, individuals;

- Enterprises with foreign invested capital, enterprises in export processing and industrial zones;

- Foreign representative offices or international organisations located in Vietnam;

- Public businesses and services, administritive bodies, community and other political and social organisations;

- State offices, other political and social organisations.

II. THE DECLARATION, REGISTRATION AND APPLICATION FOR OPERATING LICENCE OF MACHINERY, EQUIPMENT, MATERIALS AND SUBSTANCES HAVING STRICT OCCUPATIONAL SAFETY REQUIREMENTS

1. Declaration

a) Declaration is an act of inventory and reporting by the Enterprise to the State Occupational Safety Inspector of MOLISA or Labour, Invalids and Social Department on the quantity, quality and operation of objects having strict occupational safety requirements.

b) Objects to be declared include: objects specified in Appendix 1 attached to this Circular which are either not yet declared, registered and licensed or already declared, registered and licensed but have been transferred to other enterprise.

c) Declaration procedures

Enterprise shall declare their Object using the form specified in Appendix 2 attached to this Circilar to the State Occupational Safety Inspector as follows:

- Enterprises (except those in Export Processing Zones) shall declare Objects from point 1 to 16 as listed in Appendix 1 attached to this Circular to the State Occupational Safety Inspector of municipal or provincial Labour, Invalids, and Social Affairs Departments in the localities where the objects are stored and used for a licensing;

- Enterprises shall declare Objects from point 17 to 22 as listed in Appendix 1 attached to this Circular to the State Occupational Safety Inspector of MOLISA for reviewing and licence;

- Enterprise in Export Processing Zones shall declare all the objects listed in Appendix 1 attached to this Circular to the State Occupational Safety Inspector of MOLISA for reviewing and licensing;

2. Application for an operating licence

a) Application for an operating licence is an administrative compulsory procedure that all Enterprises have to follow prior putting into operation the objects specified in Appendix 1 of this Circular.

b) Objects requiring an operating licence include:

- Objects specified in Appendix 1 attached to this Circular which are not yet licence for operation by the relevant State Occupational Safety Inspector.

- Already licensed Objects which are afterwards undergone minor, medium repairs or overhaul;

- Already licensed Objects of fixed installation type which are afterward removed to other location or received from other enterprise.

c) Procedures of application for an operating licence Enterprise shall submit its application for an operating licence to the State Occupational Safety Inspector as follows:

+ For the first licence

Enterprise shall submit their application for the first licence to the State Occupational Safety Inspector to whom they declared their Objects. The application shall consist of :

- Application letter as specified in Appendix 3 attached to this Circular;

- Machine, equipment profiles (with drawings)

- Peration, installation procedures (if any) and troubleshooting guidance; '

- Technical safetf certification issued by the Technical and safety Control Center established by the decision or with agreement of MOLISA.

+ For licence extension

One month before the expire date, Enterprise shall submit its application for licence extension to the State Occupational Safety Inspector where the first licence was granted. The application shall consist of :

- Application letter for licence extension as specified in Appendix 3 attached to this Circular;

- Latest granted operating licence;

- Technical safety certification for the extension period by the Technical and safety Control Center established by the decision or with agreement of MOLISA;

- Additional equipment profiles (if any).

+ For regranting operating licence

Relicensing shall be applied for in the following cases:

- After medium repairs, overhaul or improvement according to the stipulated technical safety standards and norms;

- Received from other Enterprise;

- After Objects being installed in a place other than the licensed location.

Enterprise shall submit its application for relicensing to the State Occupational Safety Inspector as instructed in Item c, Paragraph I, section II attached to this Circular. The application document shall consist of :

- Application letter as specified in Appendix 3 attached to this Circular;

- Latest granted license;

- Machine, equipment profiles (with drawings). Relevant technical document shall be enclosed in the case that objects having undergone medium repairs, overhaul or improvement;

- Operation, installation procedures (if any) and troubleshooting instructions;

- Technical safety certification issued by the Technical and safety Control Center established by, the decision or with agreement of MOLISA.

3. Registration and granting of an operating licence

a) Within 20 days starting from the full acknowledgement of application document, the State Occupational Safety Inspector shall check, register and grant a licence. In- case of rejection, the State Occupational Safety Inspector shall inform the Enterprise in writing, explaining the reasons for rejection and instructs its correction.

b) A licence for use

A licence for use is the one granted by the State Occupational Safety Inspector in attachment to Decision No 1407/QD-LDTBXH dated 8th of November, 1996 of MOLISA.

All licences granted by the State Occupational Safety Inspector prior to this Circular shall be in force until their expiry date.

III. IMPLEMENTATION

1. The State Occupational Safety Inspector of MOLISA shall bear the responsibility:

a) To organize the implementation of- registration, granting of licence within its competence as specified in this Circular.

b) To instruct, and to supervise the registration and granting of licence by the State Occupational Safety Inspector of Labour, Invalids and Social Affair Departments.

c) To summarize and report periodically to MOLISA on the situation of registration and license granting in nation-wide.

2. The Labour, Invalids and Social Affair Departments shall bear the responsibility to direct their State Occupational Safety Inspector to implement the following tasks:

a) To organize the implementation of registration, granting of licence within its competence as specified in this Circular.

b) To instruct, and to supervise the declaration, registration and application for an operating license of all Enterprises operating in their locality.

c) To summarize and report periodically to the State Occupational Safety Inspector of MOLISA on the situation of local declaration, registration and granting of licence.

In immediate future, those Labour, Invalids and Social Affair Departments who are incapable of implementing the tasks as stipulated in item 2, section III of this Circular shall report to MOLISA. Such tasks shall be implemented by the State Occupational Safety Inspector of MOLISA.

Ministries, branches, localities shall bear the responsibility to direct, supervise Enterprise under their management to implement the declaration, registration and granting procedure stipulated in this Circular.

This Circular shall be effective from the date of its signature.

All previous provisions concerning declaration, registration and licence granting procedures for Objects having strict occupational safety requirements are hereby repealed.

THE MINISTER OF MOLISA

Tran Dinh Hoan

  Appendix 1

LIST 0F MACHINERY, EQUIPMENT, MATERIALS, SUBSTANCES HAVING STRICT OCCUPATIONAL SAFETY REQUIREMENTS

dated 8 November 1996 of the MOLISA)

1. Various steam boilers (including heating sets and boiling sets) with pressed pressure of steam more than 0.7Kg/cm2;

2. Heat cookers with agent temperature exceeding 115 0C;

3. Various pressure tanks with pressed operational pressure of more than 0.7Kg/cm2 (without taking in to account hydraulic static pressure) except tanks with volume of less than 25 little if the multiply between volume (by little) with pressure (by cm2) is not bigger than 200 and tanks are not made by metal;

4. Tanks, barrels used for storage, delivery of liquefied air and other liquidated substances with operational pressure of more than 0.7 KG/cm² or liquid, solid substances in form of powder without pressure but to be opened for use by air pressure of more than 0.7 KG/cm2.

5. Various air conditioning systems (except systems that have operational refrigerant by water, air; systems that have volume of loaded refrigerant of less than 5 Kg for refrigerant of group 1, less than 2.5 Kg for refrigerant of group 2 (as classified by Vietnamese Standards 4206 - 86)

6. Steam, boiled water pipelines of category I and II with external diameter of 51mm and above, pipelines of category III and IV with external diameter of 76mm (as classified by Vietnamese Standards 09-77)

7. Various gas pipelines

8. Various cranes: car cranes, rubber wheel cranes, chain wheel cranes, rail cranes, console cranes, motored winch cranes;

9. Bridge cranes: rolling bridge cranes, hinge cranes.

10. Traveling cranes: traveling cranes, semi-bridge traveling cranes

11. Winch hosts

12. Winch rope hosts

13. Electrical cable cars installed above the ground or floor slab,

14. Electrical winches to host weight vertically;

15. Winches ( manual, electrical) to lift people.

16. Lift operating machines

17. Bottles used for storage and delivery of compressed air, liquefied air, mixed air with operational pressure of more than 0.7 KG/cm²;

18. Valve systems for air, liquefied air, mixed air.

19. Various lifts

20. Escalators

21. Various explosives

22. Explosive means (explodes, explosive lines, delay line...).

dated 8th November 1996 OfMOLISA)

Subject: Declaration of objects having strict occupational safety requirements

Date.... month...... 19....

To the State Occupational Safety Inspection

(of the Labour, Invalids and Social Affair Ministry or Departments)

Based on the Circular 22/TT-LB dated 08/11/1996 of MOLISA to instruct the granting of import licenses for machinery, equipment, materials, substances having strict occupational safety requirements;

Company or individual: (name of company or individual should be written down)

Headquarters:

Tel:........ Fax:

Declare the following machinery, equipment, materials, substances:

- Specify explosives, explosive speed, capability, scheduled maintenance.

.... Day..... month..... Year

To the State Occupational Safety Inspection

(of the Labour, Invalids and Social Affair Ministry or Departments)

Based on the Circular 22/TT-LB dated 08/11/1996 of MOLISA to instruct the granting of import licenses for machinery, equipment, materials, substances having strict occupational safety requirements;

Company or individual: (name of company or individual should be written down)

Headquarters:................................................................................................................

Tel:................................................................ Fax:......................................................

Apply for a license for the use of the following Objects having strict occupational safety requirements (attaches to license application document):

The State Occupational Safety Inspection is requested to consider and grant the operation license for the above said objects.

- Specify explosives, explosive speed, capability, scheduled maintenance.

National Institute of Labour Protection of Vietnam-CIS/ILO Collaborating Center

Address: No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752  Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn