Vietnam: Conditions for issuance of the certificate of eligibility for occupational safety inspection

There are amendments to some Articles of the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on guidelines for some Articles of the Law on Occupational Safety and Hygiene of Vietnam on occupational safety inspection, occupational safety and hygiene training and occupational environment monitoring.

Specifically, an organization issued with the certificate of eligibility for occupational safety inspection must meet the following conditions:

1- Equipment for the inspection must comply with inspection procedures and national technical regulations on occupational safety and hygiene.

2- The organization must have at least 02 inspectors working under a contract with a term of at least 12 months to inspect each item that is covered by the certificate of eligibility for inspection applied for.

3- Technical staff of the organization must have at least 02 years’ experience of working as an inspector.

The conditions for equipment and personnel specified in (1), (2) and (3) shall be only applied to an organization applying for issuance of the certificate of eligibility for occupational safety inspection.

Thus, in comparison with provisions on conditions for issuance of the certificate of eligibility for occupational safety inspection of Decree No. 44/2016/NĐ-CP, Decree No. 140/2018/NĐ-CP of Vietnam’s Government has annulled the provision: Are established by laws and permitted to provide the services of technical inspection of occupational safety; Have all technical materials about each object within the inspection of the inspection procedures.

Decree No. 140/2018/NĐ-CP of Vietnam’s Government also amends provision on revocation of the certificate of eligibility for occupational safety inspection.

Specifically, a certificate of eligibility for occupational safety inspection shall be revoked in one of the following cases:

- The organization fails to rectify the cause of the suspension of the certificate of eligibility for occupational safety inspection after the suspension period.

- The organization carries out the inspection while the certificate of eligibility for occupational safety inspection is being suspended.

- If the organization fails to satisfy the conditions for issuance of the certificate of eligibility for occupational safety inspection 6 months after the change to conditions for inspection as the basis for issuance of the certificate of eligibility for occupational safety inspection;

- The organization carries out inspection during the period the conditions for issuance of the certificate of eligibility for occupational safety inspection fail to be satisfied;

- The documents included in the applications for issuance, extension and revocation of the certificate are forged;

- The organization is dissolved or goes bankrupt.

Source: Construction Newspaper

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