Thông tư 33/2015/TT-BCT kiểm định an toàn kỹ thuật các thiết bị, dụng cụ điện

CIRCULAR

Providing regulations on technical safety inspection of electrical equipment and instruments

Pursuant to the Electricity Law dated December 3, 2004, and the Law Amending and Supplementing a Number of Articles of the Electricity Law dated November 20, 2012;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Government’s Decree No. 14/2014/ND-CP dated February 26, 2014 detailing the implementation of the Electricity Law regarding electricity safety;

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Industrial Safety Techniques and Environment Agency,

The Minister of Industry and Trade hereby promulgates the Circular providing regulations on technical safety inspection of electrical equipment and instruments.

Article 1. Scope of regulation

This Circular prescribes technical safety inspection for electrical equipment and instruments before and during the use and operation.

Article 2. Subjects of application

This Circular applies to:

1. Organizations and individuals using and operating electrical equipment and instruments that are subject to technical safety inspection;

2. Inspection organizations;

3. Other relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the following terms shall be construed as follows:

1. Technical safety inspection for electrical equipment and instruments (hereinafter referred to as inspection) means the process-based inspection of safety of electrical equipment and instruments before and during the use and operation on the basis of respective standards and technical regulations.

2. Environment with a risk of flammable gas and explosive dust means an environment where there is a mixture of air and flammable substances in the form of gas, vapor or dust under atmospheric pressure conditions, which will burn, explode and spread to the entire mixed gas environment when there is a spark.

3. Inspection organization means an organization providing inspection services or an inspection department of an organization using and operating electrical equipment and instruments.

Article 4. List of electrical equipment and instruments subject to inspection

1. The list of electrical equipment and instruments that are subject to inspection is provided in Appendix I to this Circular.

2. Based on actual conditions, the Ministry of Industry and Trade amend and supplement “The list of electric equipment and instruments subject to inspection” in accordance with the management requirements, technical and technological conditions of electric equipment and instruments and relevant laws.

Article 5. Inspection contents

Inspection contents are prescribed in the inspection processes promulgated for each type of electrical equipment and instruments, including one or several main contents as follows:

1. External inspection;

2. Measurement of insulation resistance;

3. Measurement of resistance of coils;

4. Test of dielectric strength;

5. Measurement of contact resistance;

6. Measurement of leakage current;

7. Measurement of equipment switching parameters;

8. Inspection of operation of safety mechanisms, components with protection functions such as speed governors, brakes;

9. For equipment specified in Section I of Appendix I to this Circular, in addition to the inspection contents from Clauses 1 thru 8 of this Article, it is necessary to inspect the connection mechanism, condition of the equipment shell, heat generation capacity and fire and explosion-proof structure.

Article 6. Inspection cycle

1. Initial inspection

Initial inspection shall be conducted before the electrical equipment or instrument is put into use or operation.

2. Periodic inspection shall be conducted during the use and operation of the electrical equipment or instrument;

a) Electrical equipment in the operating line that cannot be separated for individual inspection must be inspected according to the equipment line overhaul cycle, except for the case specified in Clause 3 of this Article;

b) Electrical equipment other than those specified at Point a of this Clause, periodic inspection is required according to the manufacturer's regulations, but:

- Not more than 12 (twelve) months for the electrical equipment prescribed in Section I, Appendix I to this Circular;

- Not more than 36 months for the electrical equipment and instruments prescribed in Section II and Section III, Appendix I to this Circular.

3. Irregular inspections

Irregular inspections shall be conducted at the competent state agencies’ requests or after remedial work is completed or at the request of organizations/individuals using or operating electrical equipment and instruments.

Article 7. Inspection of electrical equipment and instruments

1. The inspection of electrical equipment and instruments shall be carried out by an inspection organization that satisfies requirements prescribed in legal documents issued by the Ministry of Science and Technology, guiding implementation of the Law on Product and Goods Quality regarding requirements, order and procedures for registration of operation of assessment of conformity and has registered with the Ministry of Industry and Trade in accordance with Article 8 of this Circular.

2. Inspection process contents shall be formulated by the inspection organization based on the framework process issued by the Ministry of Industry and Trade. If the framework process is unavailable, the inspection organization shall formulate and issue the inspection process (including inspection record) for each type of electric equipment on the basis of national standards and technical regulations in Appendix II to this Circular; foreign technical regulations and standards applied in Vietnam; the manufacturer’s instructions. Inspection items and methods must be represented in each specific process.

3. Immediately after the inspection, the qualified electrical equipment and instruments must be affixed with an inspection stamp in an unobstructed, easily observable location and protected from adverse environmental impacts. The inspection stamp sample is provided in Appendix III to this Circular.

In case the electrical equipment and instruments are in a location/environment where it is not possible to apply a stamp, upon completion of the inspection, a Certificate of Inspection Results will be issued according to the form in Appendix IV to this Circular.

4. Within 10 (ten) working days from the date the inspection is completed, the inspection record must be sent to organizations/individuals using or operating inspected electrical equipment and instruments.

Article 8. Registration of inspection activities

1. An inspection organization wishing to perform the inspection of electrical equipment and instruments under this Circular shall submit dossiers of registration for inspection with the Ministry of Industry and Trade directly or via postal service or Internet to the Information System on organizations providing services of technical safety inspection of electrical equipment and instruments on the Ministry of Industry and Trade’s e-portal.

Registration dossiers are prescribed in Article 9 of this Circular.

2. If the dossier is incomplete or invalid, within 3 (three) working days after receiving the dossier, the Ministry of Industry and Trade shall request the inspection organization for modification.

3. If the inspection organization meets the requirements, within 20 (twenty) working days after receiving the complete and valid dossier, the Ministry of Industry and Trade shall send a written notice, and at the same time, publish information about the inspection organization on its e-portal.

If the inspection organization fails to meet the requirements, within 10 (ten) working days after receiving the complete dossier, the Ministry of Industry and Trade shall send a reply in writing, which clearly state the reasons.

4. Change/supplementation of information

a) Within 10 (ten) working days from the date of change in inspection activities and capacity, the inspection organization must meet the requirements specified in the legal documents of the Ministry of Science and Technology guiding the implementation of the Law on Product and Goods Quality regarding requirements, order and procedures for registration of conformity assessment activities, and must submit a written registration of changes/additional information to the Ministry of Industry and Trade according to the form in Appendix VIII to this Circular, along with documents related to the change;

b) Within 5 (five) working days since receipt of all documents as prescribed in Point a of this Clause, the Ministry of Industry and Trade shall review and publish the modifications made by the inspection organization on its e-portal.

5. Information removal

a) Cases subject to information removal

- Providing incorrect information or changing information without registering changes or adding information within the prescribed time limit;

- Having a conclusion from a competent agency on non-compliance with regulations in technical safety inspection activities;

- Failing to comply with the regulations in Article 7 of this Circular.

b) The Ministry of Industry and Trade shall issue a written request to the inspection organization to correct one or more contents that do not meet the provisions in Point a of this Clause within a certain period of time. After the above period, if the inspection organization fails to correct the contents, the Ministry of Industry and Trade shall remove the information of the inspection organization that has been published on its e-portal.

Article 9. Dossier of registration for inspection

1. A dossier of registration for inspection activities (one set) must comprise:

a) A written request for inspection registration, made according to the form provided in Appendix V to this Circular;

b) A Certificate of Enterprise Registration or Establishment Decision issued by the competent agency;

c) A list of technical documents and inspection processes, made according to the form provided in Appendix VI to this Circular;

d) The inspection process of each electric equipment or instrument subject to inspection;

dd) A list of inspectors of the inspection organization, made according to the form provided in Appendix VII to this Circular; recruitment decisions or labor contracts, inspector cards and diplomas in relevant specialties.

Inspector cards shall comply with the form provided in Appendix IX to this Circular.

e) Certificate of laboratories that meet TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 (if any);

g) Certificates of accreditation issued by a Vietnamese legal accreditation organization or by a foreign legal accreditation organization that is a member of the Pacific Accreditation Cooperation (PAC) and the International Accreditation Forum (IAF) (if any).

2. Registration shall be submitted directly or by post

a) In case of direct submission

Documents specified at Points b, dd (Recruitment decisions or labor contracts, inspector cards, diplomas), Points e, g, Clause 1 of this Article must be copies accompanied by originals for comparison or as prescribed at Point b of this Clause.

b) In case of submission by post

Documents specified at Points b, dd (Recruitment decisions or labor contracts, inspector cards, diplomas), Points e, g, Clause 1 of this Article must be certified copies as prescribed by the law on documentation.

3. In case of submission of dossiers via the Internet

a) An inspection organization may submit its dossier of registration for inspection via Internet when:

- The computer is connected to the Internet;

- Registering to connect to the system to be granted an access account and connection information;

- Registering to use a digital signature at the Ministry of Industry and Trade.

b) A dossier submitted via the Internet comprises

- A written request for inspection registration, made according to the form provided in Appendix V to this Circular (electronic form);

- Color scans of the documents specified at Points b, c, d, dd, Clause 1 of this Article;

- Color scans of the documents specified at Points e, g, Clause 1 of this Article (if any);

c) Order and procedures for registration via the Internet

Compliance with instructions on the information system on the e-portal of the Ministry of Industry and Trade.

Article 10. Implementation organization

1. The Industrial Safety Techniques and Environment Agency:

a) To provide guidance and organize the implementation of this Circular;

b) To receive dossiers of inspection registration, review and announce the list of inspection organizations on the Ministry of Industry and Trade’s e-portal; perform activities related to change or addition and removal of information of inspection organizations;

c) To conduct regular or irregular inspection of the compliance with regulations on technical safety inspection for electrical equipment and instruments by inspection organizations, organizations/individuals using or operating electrical equipment and instruments nationwide.

2. The provincial-level Departments of Industry and Trade shall be responsible for providing guidance and inspecting the compliance with legal regulations on inspection by inspection organizations, organizations/individual using or operating electrical equipment and instruments in their areas.

3. Organizations/individuals using or operating electrical equipment and instruments:

a) To select an organization qualified for inspection as prescribed in this Circular;

b) To formulate a list of electrical equipment and instruments that are subject to inspection for management;

c) To pan to separate electrical equipment from operation for inspection, ensuring that electrical equipment and tools are inspected according to the cycle specified in Article 6 of this Circular;

d) To develop a plan to ensure safety for inspectors performing inspections and related electrical equipment systems in operation;

dd) To supervise the implementation of inspection by the inspection organization according to the issued procedures;

e) To maintain and ensure conformity of inspected electrical equipment and instruments during operation according to Vietnamese technical regulations and standards, international technical regulations and standards applied in Vietnam.

4. Inspection organizations

a) To strictly and fully abide by provisions as prescribed in Article 7 of this Circular and relevant legal documents;

b) To perform inspection within the scope and subjects registered by the inspection organizations;

c) To fully implement the items and contents specified in the inspection process, ensuring quality and implementation time;

d) To ensure accuracy in inspection performance capacity;

dd) To only use inspectors from other inspection organizations when there is a written cooperation agreement with their organizations to perform the inspection.

e) To take responsibility before the law for the inspection results given by inspectors under the management and inspectors of inspection organizations with coordination agreement for inspection.

g) To take responsibility for compensation for any damage caused by inspection organizations in accordance with laws. To cancel given results upon discovery of violations;

h) To provide training and grant inspector cards in accordance with laws;

Article 11. Effect

1. This Circular takes effect from January 6, 2017.

2. In case of amending, supplementing or replacing legal documents/national technical regulations/standards referred to in this Circular, the new ones shall prevail.

3. Any difficulties arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for consideration and settlement./.

For the Minister

The Deputy Minister

HOANG QUOC VUONG

APPENDIX I

LIST OF ELECTRICAL EQUIPMENT AND INSTRUMENTS SUBJECT TO INSPECTION

(Attached to the Minister of Industry and Trade’s Circular No. 33/2015/TT-BCT dated October 27, 2015)

APPENDIX II

APPLICABLE STANDARDS AND TECHNICAL REGULATIONS

(Attached to the Minister of Industry and Trade’s Circular No. 33/2015/TT-BCT dated October 27, 2015)

* All Appendices are not translated herein.