Unify the focal point in issuing the Certificate of inspection?

Tue, 14 Sep 2021 17:21:00  |  Print  |  Email   Share:

Sending comments to the 7th session of the XIV National Assembly, voters of Quang Ngai province requested the Ministry of Labor, Invalids and Social Affairs to consider decentralizing and authorizing the agencies of provincial-level to issue the Certificate of eligibility for technical inspection of occupational safety to create favorable conditions, save time and costs for enterprises.

Regarding the authority to issue, extend, re-issue or revoke the Certificate of eligibility for technical inspection of occupational safety, according to the provisions of Article 6 (Authority to issue, extend, re-issue or revoke the Certificate of eligibility for technical inspection of occupational safety) of the Government's Decree No. 44/2016/ND-CP dated May 15, 2016 detailing some articles of the Law on occupational safety and sanitation on technical inspection of occupational safety, training of occupational safety and sanitation, and monitoring of occupational environment, the Ministries: Labor, Invalids and Social Affairs; Industry and Trade; Transport; Construction; Agriculture and Rural Development; Health; Science and Technology; Information and Communications; Defense, and Public Security both have the function and authority to "issue, extend, re-issue or revoke the Certificates of eligibility for technical inspection of occupational safety" according to each equipment, system, and vehicle, tools... (specified in Appendix Ib), so it will take a lot of time and costs for businesses.

Regarding this issue, the Ministry of Labor, Invalids and Social Affairs replied to voters of Quang Ngai province as follows:

According to the provisions of Clause 1, Article 33 of the Law on Occupational Safety and Sanitation, the state monitoring of the machinery, equipment, materials having strict safety and sanitation requirements is assigned to ministries according to the particularity of state management. During the formulation of Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing some articles of the Law on occupational safety and sanitation on technical inspection of occupational safety, training of occupational safety and sanitation, and monitoring of occupational environment, the Government members had discussed and decided that the assignment of competence to issue certificates must comply with the assignment of state management prescribed in the Law on Occupational Safety and Sanitation.

Regarding the businesses’ recommendations on the fact of application for a Certificate of eligibility in various ministries, the Ministry of Labor, Invalids and Social Affairs has reported to the Monitoring Delegation of the National Assembly and the Government. According to the Report on monitoring results of the topic "The status on implementation of policies and laws on occupational safety and sanitation in the period 2016-2018", it is proposed that the Government direct specialized agencies to focus on one-focal-point implementation in the issuance of Certificate of eligibility for inspection.

Regarding the opinions suggested the Ministry of Labor, Invalids and Social Affairs propose to the Government to consider decentralizing authorization for the provincial level to issue certificates of eligibility for inspection, the Ministry of Labor, Invalids and Social Affairs will summarize comments to report to the Government for consideration and decision.

However, the number of inspecting organizations are not much and concentrated unevenly in the localities, and the issuance of the Certificate of eligibility for operation is still related to the training and retraining of the inspectors so it needs the concentration at a focal-point for management. In addition, the inspecting organization operates on a national scale, the assignment of the certificate issuance to the departmental level will not be suitable in the management, inspection, examination, and supervision of the organization's activities in different localities. This option also does not solve the situation that many agencies have the same authority to issue Certificates of eligibility for inspection.

By: Online Newspaper of the Government/ Translator: Viet Nguyen-Bizic

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