Tiếng Việt
中文 (中国)
DECLARATION PROCEDURE FOR EQUIPMENT SUBJECT TO STRICT OSH REQUIREMENTS: DOSSIER, TIMELINE AND IMPORT-COMPLIANCE NOTES
For industrial machinery, lifting equipment, pressure equipment, refrigeration systems and specialized materials, compliance risk does not end at import customs clearance. When equipment is put into use, enterprises should control the technical inspection and use-declaration dossier to avoid gaps during OSH inspection, project commissioning or post-clearance review. This article places the regulation in the practical context of import-export operations, clarifying its scope, affected parties, and the checks required before it is relied on for a shipment dossier. Before implementation, businesses should verify the effective date, amendments, and relevant official guidance applicable to the transaction, while retaining the source and document version used for later explanation or audit.
QUICK SUMMARY
Procedure code
2.000134
Processing authority
Local Department of Home Affairs.
Processing time
No more than 05 days from a complete valid dossier.
This is an operational reference translation. It is not an official legal translation.
PROCEDURE INFORMATION
| Information field | Content |
|---|---|
| Procedure name | Declaration to the local Department of Home Affairs when using machinery, equipment and materials subject to strict occupational-safety requirements |
| Procedure code | 2.000134 |
| Publication decision | 323/QD-BNV |
| Sector | Occupational safety and health |
| Implementation level | Provincial and commune level as published on the National Public Service Portal |
| Processing authority | Local Department of Home Affairs |
| Applicants | Vietnamese citizens; enterprises |
| Processing time | No more than 05 days from receipt of a complete and valid dossier |
| Result | Confirmation of declaration, or a written notice stating the reason for refusal |
| Fees/charges | No specific fee/charge is shown on the National Public Service Portal; applicants should check the local public-service portal when submitting the dossier |
KEY POINTS TO NOTE
- Trigger: the equipment/material is on the strict OSH list and is put into use at a local site.
- Core dossier: declaration form and photocopy of the equipment inspection result certificate.
- Output: declaration confirmation or written refusal notice.
- Operational control: customs documents, catalogue, inspection certificate and declaration data must match by name, model, serial, specifications and location.
AFFECTED BUSINESSES / GOODS
| Analysis group | Operational application |
|---|---|
| Business groups | Importers, manufacturers, FDI/EPE factories, project contractors, warehouse/factory operators and logistics providers handling project equipment. |
| Equipment groups | Machinery, equipment, materials and substances listed as subject to strict OSH requirements, including lifting equipment, pressure equipment, refrigeration systems and construction equipment where applicable. |
| Affected stages | After import, before/when put into use, installation commissioning, periodic inspection and OSH audit. |
| Documents to check | Catalogue, datasheet, Invoice, Packing List, B/L/AWB, customs declaration, inspection certificate, label photos, model/serial list and installation minutes. |
| Trigger conditions | Do not conclude only by trade name. Review the official list, function, specifications, condition and actual purpose of use. |
IMPACT ON IMPORT-EXPORT / LOGISTICS
| Stage | Control impact | Documents to review |
|---|---|---|
| Before import | Check whether the machinery/equipment falls under the list subject to strict occupational safety and health requirements. | Product name, HS code, catalogue, function, capacity, pressure, volume, serial/model. |
| Before customs clearance | This declaration is not always triggered at the customs stage; however, import documents should be sufficient for subsequent inspection and declaration. | Invoice, Packing List, B/L/AWB, customs declaration, C/O, catalogue, label images, technical documents. |
| After installation / before use | Within the statutory timeframe, the user should complete declaration with the local management authority when the equipment is put into use. | Declaration form, inspection certificate, location of use, applicant information. |
| Post-clearance / compliance | Maintain lifecycle records, inspection validity, maintenance records and declaration confirmation for occupational-safety inspection. | Certificate number, inspection date, expiry date, inspection body, declaration dossier. |
DOSSIER CHECKLIST
| Dossier group | Required document | Role | Common error |
|---|---|---|---|
| Declaration dossier | Declaration form for use of the inspected object | Identifies equipment, user, location of use and key technical parameters. | Missing signature, wrong equipment details or wrong location. |
| Inspection dossier | Photocopy of equipment inspection result certificate | Proves that the equipment has been technically inspected before use. | Expired certificate, mismatched serial/model or inappropriate inspection body. |
| Technical documents | Catalogue, datasheet, C/Q, origin documents, label images, serial list | Cross-check product name, specifications, origin, function and condition. | Import document names do not match inspection/declaration documents. |
| Import-export documents | Invoice, Packing List, B/L/AWB, customs declaration, C/O if any | Links imported goods to assets put into use at the factory/warehouse/project site. | Mismatch in model, quantity, serial, origin or specifications. |
| Internal records | Installation/commissioning minutes, location, safety officer, maintenance schedule | Supports operation after declaration confirmation. | Unable to prove location and use status during inspection. |
TERMINOLOGY NOTES
- OSH: Occupational safety and health.
- Inspected object: machinery, equipment or materials subject to mandatory technical safety inspection.
- Inspection result certificate: document issued by an inspection body confirming safety status at the time of inspection.
- Serial list: list of serial numbers used to match imported goods with the equipment put into use.
RELATED LEGAL DOCUMENTS TO REVIEW
| Document group | Name/number | Issuer | Timing | Role | Review note |
|---|---|---|---|---|---|
| Law | Law on Occupational Safety and Health No. 84/2015/QH13 | National Assembly | Issued 25 June 2015 | Framework law on occupational safety and health and employer obligations. | Review obligations according to the actual equipment dossier. |
| Decree | Decree 44/2016/ND-CP | Government | Issued 15 May 2016; effective 01 July 2016 | Details technical safety inspection, OSH training and working environment monitoring. | Main legal basis for inspection and declaration. |
| Amending decree | Decree 04/2023/ND-CP | Government | Issued/effective 13 February 2023 | Amends several decrees on business conditions and administrative procedures under the former MOLISA scope. | Relevant to forms and implementation after amendment. |
| Circular | Circular 16/2017/TT-BLDTBXH | Former Ministry of Labour, Invalids and Social Affairs | Issued 08 June 2017; effective 22 August 2017 | Details technical safety inspection of machinery, equipment and materials subject to strict safety requirements. | Review inspection certificate, inspection body and technical dossier. |
| List circular | Circular 36/2019/TT-BLDTBXH | Former Ministry of Labour, Invalids and Social Affairs | Issued 30 December 2019; effective 01 March 2020 | Promulgates the list of machinery, equipment, materials and substances subject to strict OSH requirements. | Used to determine whether inspection/declaration is triggered. |
| Resolution | Resolution 190/2025/QH15 | National Assembly | Issued/effective 19 February 2025 | Regulates transitional handling of issues arising from the restructuring of the state apparatus. | Review to understand the legal basis for authority/agency name changes. |
| Organizational decree | Decree 25/2025/ND-CP | Government | Issued 21 February 2025; effective 01 March 2025 | Regulates functions, duties, powers and organizational structure of the Ministry of Home Affairs. | Relevant to MOHA management of OSH matters after restructuring. |
| Local-organization decree | Decree 45/2025/ND-CP | Government | Issued 28 February 2025; effective 01 March 2025 | Regulates specialized agencies under provincial and district-level People’s Committees. | Review with the local public-service portal to identify the actual receiving authority. |
| Administrative-procedure decision | Decision 323/QD-BNV 2025 | Ministry of Home Affairs | Issued 08 April 2025 | Publishes amended, supplemented and abolished OSH administrative procedures under MOHA functions. | Supports the current processing authority as Department of Home Affairs. |
VIEW / DOWNLOAD ORIGINAL SOURCES
Priority sources: the National Public Service Portal and the Government legal-document / Official Gazette portals. No embedded PDF frame is used, to avoid black-frame or refused-connection display errors in WordPress.
FULL PROCEDURE REFERENCE TRANSLATION
ADMINISTRATIVE PROCEDURE
DECLARATION OF USE OF MACHINERY, EQUIPMENT AND MATERIALS SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS
DECLARATION TO THE LOCAL DEPARTMENT OF HOME AFFAIRS WHEN PUTTING INTO USE MACHINERY, EQUIPMENT AND MATERIALS SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS
1. Sector: Occupational safety and health.
2. Implementation level: Provincial and commune level as published on the National Public Service Portal.
3. Applicants: Vietnamese citizens; enterprises.
4. Processing authority: Local Department of Home Affairs.
5. Submission methods: Direct submission at the Single-window section, postal service, online submission via the National Public Service Portal, or via the provincial public-service portal.
6. Processing time: No more than 05 days from receipt of a complete and valid dossier.
7. Dossier components:
a) Declaration form for use of the inspected object.
b) Photocopy of the equipment inspection result certificate.
8. Dossier quantity: As published on the National Public Service Portal: one original declaration form and one filed copy/electronic record of the inspection result certificate as required by the online system. For online submission, applicants should verify electronic-file requirements on the local portal.
9. Result: Confirmation of declaration for use of machinery, equipment and materials subject to strict occupational-safety requirements, or a written notice stating the reason for refusal.
10. Legal grounds listed on the National Public Service Portal: Law No. 84/2015/QH13; Decree 44/2016/ND-CP; Circular 16/2017/TT-BLDTBXH; Decree 04/2023/ND-CP; and 2025 instruments on state-organization restructuring and MOHA functions.
11. Application note: The current procedure name uses “Department of Home Affairs”. Some older forms may still refer to the Department of Labour, Invalids and Social Affairs; applicants should follow the authority stated on the portal at the time of submission.
FAQ
1. When does this procedure apply?
It applies when an organization or individual puts into use machinery, equipment or materials subject to strict occupational safety requirements. Applicability must be reviewed against the official list and the actual technical dossier.
The National Public Service Portal currently identifies the local Department of Home Affairs as the processing authority. Older materials may still refer to the Department of Labour, Invalids and Social Affairs due to organizational changes.
3. What is the minimum dossier?
The dossier includes the declaration form for use of the inspected object and a photocopy of the equipment inspection result certificate. Enterprises should also prepare catalogues, datasheets, serial lists and import documents for cross-checking.
4. How long does processing take?
The published processing time is no more than 05 days from receipt of a complete and valid dossier.
5. Must imported equipment be declared at the border gate?
This declaration is linked to the use of equipment at the local site, not necessarily the border-gate clearance moment. Import documents should still be standardized from the beginning.
6. Should the enterprise review by product name or HS code?
Do not rely only on trade name or HS code. Review product name, function, technical specifications, catalogue, serial/model, applicable list and actual purpose of use.
7. Does an inspection certificate replace the declaration?
No. The inspection certificate is a key dossier component but does not replace the use-declaration procedure where declaration is required.
8. What records should be retained after confirmation?
Retain the declaration confirmation, declaration form, inspection certificate, technical documents, import documents, installation/commissioning records and periodic inspection schedule.
NEED TO REVIEW IMPORT PROCEDURES OR A SHIPPING PLAN?
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