1. Regulations on the organization of technical inspection of labor safety:

1.1. Tasks of organizations carrying out technical inspection of occupational safety:

Pursuant to the provisions of Article 32 of the current Law on Labor Safety 2015, current law recognizes the tasks of organizations conducting technical inspection of labor safety, specifically as follows:

Organizations operating in the field of technical occupational safety inspection are considered public service units established in accordance with the law or enterprises providing technical occupational safety inspection services. activities, and in general, organizations operating in the field of technical labor safety inspection will have the following basic rights:

– Organizations of technical labor safety inspection activities have the right to carry out inspection activities according to contracts providing inspection services in accordance with the provisions of law;

– Organizations operating in the field of technical inspection of occupational safety have the right to refuse to provide inspection services when these organizations consider that they do not ensure safety conditions when conducting inspection activities. identify equipment, machinery, and supplies;

– Labor safety technical inspection organizations have the right to make complaints and denunciations in accordance with the provisions of law, and have the right to make recommendations regarding offensive actions to these organizations during the inspection activities. ;

– Organizations of technical labor safety inspection activities also have the right to request entities that are organizations and individuals who request to be inspected to provide documents and other relevant information. to ensure your inspection activities take place smoothly and safely.

In addition to the rights prescribed by law as above, organizations operating in the field of technical inspection of occupational safety also have a number of specific obligations as follows:

– Organizations carrying out technical inspection of occupational safety are obliged to provide inspection services appropriate to the scope and subjects recorded in the Certificate of eligibility for inspection activities approved by the competent authority. Competent country grants according to the order and procedures prescribed by law;

– Organizations of technical labor safety inspection activities are obliged to carry out the inspection process in accordance with the inspection process recognized by law;

– Organizations carrying out technical inspection of occupational safety have the obligation to take responsibility for the results of the inspection and compensate for damages caused by their inspection process in accordance with the provisions of law on compensation. , has the obligation to revoke issued inspection results when detecting unnecessary violations;

– Every year, organizations carrying out technical inspection of occupational safety are also obliged to report to state agencies with management authority in this field on the status of inspection activities carried out according to regulations. regulations of the law, and at the same time, organizations carrying out technical inspection of occupational safety are also obliged to keep inspection records to ensure necessary information.

1.2. Conditions for an organization to be granted a Certificate of eligibility for technical inspection of occupational safety:

Pursuant to Article 1 of Decree 140/2018/ND-CP of the Government on amending and supplementing Decrees related to business investment conditions and administrative procedures under the scope of State management of the Government. Ministry of Labor, War Invalids and Social Affairs (amended by Decision 6145/QD-BYT of the Ministry of Health on publishing amended, supplemented/replaced/abolished administrative procedures in the field of Management The medical environment under the management of the Ministry of Health is stipulated in Decree 140/2018/ND-CP dated October 8, 2018 of the Government) with regulations on this issue as follows:

– Entities need to ensure the requirements for equipment and tools for the inspection process for each object within the scope of inspection and as required in national technical regulations on safety and labor hygiene;

– There must be at least 02 inspectors, and at the same time, these 02 inspectors will have to work under a labor contract of 12 months or more within the organization, to carry out the inspection process for each subject. The scope of application for a certificate of eligibility for inspection activities is in accordance with legal regulations;

– The person in charge during the organization's inspection activities must have worked as an inspector for at least 02 years as prescribed by law;

– It is also important to note that the equipment and human resources analyzed above are only used as a condition for applying for a Certificate of eligibility for safety inspection activities. labor techniques for an organization.

At the same time, to apply for a Certificate of eligibility for technical occupational safety inspection, you need to prepare a basic set of documents as follows:

– Application for issuance of Certificate;

– Copy of establishment decision for public service units;

– List of equipment and tools for inspection;

– List of inspectors according to the form prescribed by law;

– And other relevant documents to prove the experience of the person in charge of technical inspection activities including: Copy of book or leaflet on social insurance participation; Copy of labor contract; Copy of inspection record attached with certificate of inspection results.

2. Regulations on responsibilities of occupational safety technical inspection organizations:

In Article 2 of Decree 140/2018/ND-CP of the Government on amending and supplementing Decrees related to business investment conditions and administrative procedures under the state management of the Ministry of Labor Invalids and Social Affairs (amended by Decision 6145/QD-BYT of the Ministry of Health on promulgation of amended, supplemented/replaced/abolished administrative procedures in the field of Environmental Management health sector under the management of the Ministry of Health stipulated in Decree 140/2018/ND-CP dated October 8, 2018 of the Government), with regulations on the responsibilities of technical inspection organizations for occupational safety. Dynamics, specifically include:

– The technical inspection organization for labor safety is responsible for publishing inspection records to organizations and individuals using machines, equipment, and supplies with strict requirements on labor safety. Stick the inspection stamp in accordance with the provisions of law or show inspection information on the inspection object and issue to organizations and individuals using the inspection object a Certificate of inspection results (no. quantity is 01 copy) at the latest after 05 working days from the date of publication of the minutes if the inspection results meet the requirements;

– In case the inspected object does not meet the requirements and detects that the object is at risk of causing incidents or occupational accidents, the labor safety technical inspection organizations will not issue a Certificate of results. inspect and notify the facility to take corrective measures;

– Labor safety technical inspection organizations must be responsible for ensuring independence and objectivity in providing inspection services;

– The occupational safety technical inspection organization is responsible for not providing inspection services during the period of suspension or revocation of the Certificate of eligibility for occupational safety technical inspection activities; At the same time, do not use inspectors whose inspector certificates are revoked to perform inspection;

– The organization responsible for technical inspection of labor safety is responsible for sending inspectors to attend training courses on technical inspection of labor safety.

3. Cases of revocation of certificate of eligibility for technical inspection of occupational safety:

Pursuant to Article 8 of Decree 140/2018/ND-CP of the Government on amending and supplementing Decrees related to business investment conditions and administrative procedures under the scope of State management of the Government. Ministry of Labor, War Invalids and Social Affairs (amended by Decision 6145/QD-BYT of the Ministry of Health on publishing amended, supplemented/replaced/abolished administrative procedures in the field of Management medical environment under the management of the Ministry of Health stipulated in Decree 140/2018/ND-CP dated October 8, 2018 of the Government), there are regulations on cases of revocation of certificates of eligibility Conditions for technical inspection of labor safety, specifically as follows:

– At the end of the period of suspension of inspection activities prescribed by law, the subjects cannot overcome the reasons for suspension of inspection activities;

– Inspection activities during the period of suspension of operations or deprivation of the right to use the Certificate of eligibility for operation;

– After the legal period of 6 months from the date of change in operating conditions as a basis for issuance of a Certificate of eligibility for operation, if the organization does not meet the conditions prescribed by law;

– Inspection activities during the period do not ensure the conditions prescribed by law;

– Forging or falsifying documents in the application for issuance, renewal or re-issuance of the Certificate;

– Dissolved or bankrupt according to the provisions of bankruptcy law.

Legal documents used in the article:

– Labor Safety Law 2015;

– Decree 140/2018/ND-CP of the Government on amending and supplementing Decrees related to business investment conditions and administrative procedures under the state management of the Ministry of Labor, War Invalids and War and Society;

– Decision 6145/QD-BYT of the Ministry of Health on announcing amended, supplemented/replaced/abolished administrative procedures in the field of health environmental management under the management of the Ministry of Health regulations in Decree 140/2018/ND-CP dated October 8, 2018 of the Government.