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Title: Circular 03/2010/TT-BLDTBXH Promulgating commodity products potentially unsafe under the management responsibility of the Ministry of Labor, War Invalids and Social Affairs

Type: Circular

Issuing Agency: Ministry of Labour - Invalids and Social Affairs

Responsible Agency: Ministry of Labour - Invalids and Social Affairs

Issuing Date: 19-01-2010

Inspection grounds

1. Grounds for quality inspection of group-2 products and goods in production are relevant technical regulations and conformity evaluation processes, announced applicable standards and laws related to requirements on quality, safety and hygiene, human health and the environment for each kind of products and goods (see Appendix XII to this Circular).

2. For products and goods without relevant technical regulations, inspection bases are replaceable national standards and technical regulations on conformity evaluation or other ones specified in Appendix XII to this Circular.

Quality assurance conditions on group-2 products and goods before they are marketed

1. Products and goods on the list of group-2 products and goods must be certified to be technical regulation-conformable according to relevant technical regulations and conformity evaluation regulations;

2. Products and goods on the list of group-2 products and goods without relevant technical regulation for conformity evaluation must be certified to be standard-conformable according to national standards specified in Appendix XII to this Circular;

3. For products and goods on the list of group-2 products and goods without relevant national technical regulations or national standards, before these products and goods are marketed and put into use. they must obtain certification of inspection and testing results showing their conformity to an international or a foreign relevant standard or the manufacturers standard which are approved by inspection agencies.

4. Machinery and equipment subject to strict labor safety requirements and public recreation facilities on the list of group-2 products and goods must be certified to be standard - or technical regulation-conformable. When being ex-warehoused, they must be inspected according to current regulations and may be put into use only if they are certified to be conformable with safety requirements.

Modes of state quality inspection of group-2 products and goods

Modes of state quality inspection of group-2 products and goods in production and business are as follows:

1. Inspection under annual plans approved by competent state agencies;

1.1. Bases for elaboration of annual plans

a/ Information on exported products' and goods' failure to satisfy quality conditions prescribed in Article 32 of the Law on Product and Goods Quality;

b/ Information on products' and goods' failure to satisfy quality conditions during market circulation and in the use process;

1.2. Contents of an inspection plan:

a/ Products and goods subject to inspection:

b/ Inspection site;

c/ Inspection time (by month);

d/ Funds for organization of the inspection:

e/ Organization of the inspection.

2. Unexpected quality inspection of products and goods

Grounds for unexpected quality inspection of products and goods in production and trading include:

a/ Requests of labor inspection agencies and quality management agencies in the process of inspection and examination when they detect any violations;

b/ Complaints and denunciations about product and goods quality;

c/ Information in the mass media about products' and goods' failure to satisfy quality conditions;

d/ Domestic, foreign, regional and international warnings about goods quality.

Inspection methods

1. For machinery and equipment subject to strict labor safety requirements and public recreation facilities, inspection methods include: inspecting the system of quality control in production and designating a conformity evaluation organization to evaluate the conformity with quality and safety requirements of products and goods of suspected quality or safety.

2. For personal protection equipment, inspection methods include: inspecting the system of quality control in production and taking samples of products and goods of suspected quality or safety for testing.

Samples used for testing for the quality inspection of products and goods

1. For monitoring the quality of products and goods in production, random samples will be taken at production units or bought in the market for testing at a designated conformity evaluation organization;

2. The order of and procedures for taking samples are specified as follows:

a/ Based on the regulations on testing methods or technical regulations on conformity evaluation applicable to goods, the inspection team shall take samples of products and goods using the random sampling method; the quantity of samples must be sufficient for testing to be-inspected criteria;

b/ After being taken, samples must be sealed with the signatures of the sample taker and a representative of the establishment where samples are taken;

c/ The inspection team shall make a written record on the sampling according to the form provided in Appendix IV to this Circular (not printed herein).

In case the representative of the establishment where samples are taken refuses to sign a written record, it is still legally valid if signed by the sample taker and the head of the inspection team.

d/ Samples must be sent to the designated conformity evaluation organization for testing. When handing over samples, it is required to make a receipt according to the form provided in Appendix XI to this Circular (not printed herein).

Testing results of the designated conformity evaluation organization shall be used as a ground for the inspection agency to take subsequent steps in the course of inspection.

3. Expenses for taking and testing product and goods samples comply with Article 41 of the Law on Product and Goods Quality.

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GROUNDS FOR QUALITY INSPECTION OF GROUP-2 PRODUCTS AND GOODS

(To Circular No. 03/2010/TT-BLDTBXH of January 19, 2010, of the Ministry of Labor, War Invalids and Social Affairs)

No.	Name of products and goods	Inspection grounds (for standards being safety, hygiene, health and environment criteria)
I	MACHINERY AND EQUIPMENT SUBJECT TO STRICT LABOR SAFETY REQUIREMENTS
1	Steam boilers of all type (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)	QCVN: 01/2008/BLDTBXH: National technical regulation on labor safety for steam boilers and pressure vessels
2	Water heaters with solvent temperature of over 115°C (according to the classification under Vietnam standard TCVN 6004: 1995)	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)	QCVN: 01/2008/BLDTBXH: National technical regulation on labor safety for steam boilers and pressure vessels
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 6153:1996)	QCVN: 01/2008/BLDTBXH: National technical regulation on labor safety for steam boilers and pressure vessels
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	Vietnam standard TCVN 6104: 1996
6	Grade-1 and -II steam or hot water pipelines with an outer diameter of 51 mm or more, grade-Ill and -IV pipelines with an outer diameter of 76 mm or more (according to the classification under Vietnam standards TCVN 6158 and 6159: 1996)	Vietnam standards TCVN 6158: 1996 and 6159: 1996
7	Bottles for containing and transporting compressed gas, liquefied gas and dissolved gas with a working pressure of over 0.7 bar (according to the classification under Vietnam standard TCVN 6153:1996 and ISO 11119-2002 on manufacture of gas cylinders of composite	Vietnam standard TCVN 6153:1996 ISO 11119-2002 and international, regional and foreign standards applicable to the production process
8	Systems for regulating and charging air, liquefied gas and dissoluble gas	Relevant Vietnam standards and international, regional and foreign standards applicable to the production process
9	Fixed fuel gas pipelines made of metals	Relevant Vietnam standards and international, regional and foreign standards applicable to the production process
10	Cranes of all kinds: crane trucks, rubber tire cranes, caterpillar cranes, locomotive cranes, tower cranes, derrick cranes, cantilever cranes and mini-cranes	Vietnam standard TCVN 4244-2005
11	Bridge cranes: roller bridge cranes and suspension bridge cranes	Vietnam standard TCVN 4244-2005
12	Gantry cranes: gantry cranes, semi-gantry cranes	Vietnam standard TCVN 4244-2005
13	Cable hoists for carrying cargoes or people; cable hoists in construction machinery, tilt well elevators	Vietnam standard TCVN 4244-2005
14	Electric pulleys; plain trolleys of a capacity of 1,000 kg or more	Vietnam standard TCVN 4244-2005
15	Electric rail trolleys	Vietnam standard TCVN 4244-2005; Vietnam standards TCVN 5862:1995 thru 5864:1995; Vietnam standard TCVN 4755: 89; Vietnam standards TCVN 5206:1990 thru 5209:1990
16	Electric hoists for lifting or pulling cargoes in tilted direction; lift tables, lift floors, self-propelled hanging cabins and special-use equipment for raising and lowering people to over 2 m above the ground
17	Manual hoists of a capacity of 1,000 kg or more
18	Vertical lifts for cargoes, people or both cargoes and people	Vietnam standard TCVN 4244-2005
19	Elevators of all kinds	Vietnam standard TCVN 5744:1993 Vietnam standard TCVN 5866:1995 Vietnam standard TCVN 5867:1995 Vietnam standard TCVN 6904:2001 Vietnam standard TCVN 6905: 2001
20	Escalators; conveyors or belts for carrying	Vietnam standard TCVN 6397:1998
	people	Vietnam standard TCVN 6906:2001
21	Forklift trucks of a capacity of 1,000 kg or more	International, regional and foreign standards applicable to the production process and expertise processes
22	Boom lifts: self-propelled boom lifts, boom lifts operated by hydraulic systems or manual drive to lift people to a height of over 2 m	International, regional and foreign standards applicable to the production process and expertise processes
II	PUBLIC RECREATION FACILITIES
1	Movable performance floors	International, regional and foreign standards applicable to the production process and expertise processes promulgated by the Ministry of Labor, War Invalids and Social Affairs
2	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.), except those used for sports competition	International, regional and foreign standards applicable to the production process and expertise processes promulgated by the Ministry of Labor, War Invalids and Social Affairs
3	Telpher systems for transporting people	International, regional and foreign standards applicable to the production process and expertise processes promulgated by the Ministry of Labor, War Invalids and Social Affairs
III	PERSONAL PROTECTION DEVICES
1	Electricity-insulated gloves	Vietnam standard TCVN 5586:1991
2	Electricity-insulated boots	Vietnam standard TCVN 5588:1991
3	Dust filter semi-masks	Vietnam standard TCVN 7312:2003
4	Dust filter masks	Vietnam standard TCVN 7312:2003 Vietnam standard TCVN 7313:2003
5	Safety belts (including personal fall-arrest systems)	Vietnam standard TCVN 7802-1: 2007 Vietnam standard TCVN 7802-2: 2007 Vietnam standard TCVN 7802-3: 2007 Vietnam standard TCVN 7802-4: 2007 Vietnam standard TCVN 7802-5: 2007 Vietnam standard TCVN 7802-6: 2007
6	Industrial safety helmets	Vietnam standard TCVN 6407:1998
7	Gas masks	Vietnam standard TCVN 3740:1982 Vietnam standard TCVN 3741:1982 Vietnam standard TCVN 3742:1982
8	Electric welding goggles	Vietnam standard TCVN 5083-90 Vietnam standard TCVN 5082-90

Notes: Abbreviates in the Appendix comply with the Law on Standards and Technical Regulations and relevant guiding documents according to the form provided in Appendix V to this Circular (not printed herein).

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