Many readers of Elevator Magazine still wonder which unit the elevator belongs to and where to look for the regulations and sanctions related to elevators. To answer these issues, Elevator Magazine summarizes information on the legal corridor of the elevator industry, providing useful information for readers’ reference.
In fact, the elevator is a product related to many problems in life, so each related field will be managed by a functional unit. Just as the issue of occupational safety is regulated in the Law on Occupational Safety and Health (2015) promulgated by the National Assembly, the technical issue of elevators is regulated by the Ministry of Labor, War Invalids and Social Affairs (the Ministry of Labour-Invalids and Social Affairs). Invalids and Social Affairs) and the Ministry of Science and Technology manage,…
1. Elevator is a device with strict requirements on occupational safety and hygiene
According to Clause 4, Article 3 of the Law on Product and Goods Quality 2007, elevators are group 2 products and goods: Products and goods capable of causing unsafety are products and goods in transport conditions, stored, preserved, used reasonably and for the right purposes, still potentially causing harm to people, animals, plants, property and the environment.
According to Circular 36/2019/TT-BLDTBXH promulgating the list of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene, elevators are in Section I: Types of machines, equipment and materials with strict requirements on occupational safety.
Accordingly, elevators, whether imported or manufactured, also need to strictly meet the requirements of technical regulations as well as inspection, maintenance and repair work in accordance with regulations.
2. Technical regulations and standards
Specifically about technical regulations, many consumers are often mistaken about the concept of “standards” from brands without knowing that to ensure quality, products need to meet the requirements of technical regulations. including national technical regulations and local technical regulations. The comparison table below will show the difference between technical regulations (QCVN) and standards (TCVN) to help consumers better understand:
Regulations for elevators that came before July 1, 2021, have 4 circulation documents that come into effect, after this time have been merged into 2 documents. Names of text types include:
Documents regulating QCVN for elevators issued by the Ministry of Labour, Invalids and Social Affairs
As for the national standard (TCVN), we currently have 5 documents stipulating important standards for elevators, readers can read in detail at: 5 important Vietnamese standards on elevators. Because standards are optional criteria, aiming to improve product quality, sometimes standards of one country are not guaranteed to meet the requirements of technical regulations of other countries. Therefore, consumers and businesses both need to clearly distinguish these concepts and comply with the requirements of the law. In addition, in addition to the above general standards, the establishment of the Vietnam Elevator Association and the Elevator Engineering Research Institute are the first professional social-professional organizations in the field of elevators. also promises to introduce Vietnam’s own quality standards towards improving the quality of elevator products in the near future.
3. Certificate of conformity and certification of standard conformity
Regulation and standard conformity are two states of products and goods when meeting national technical regulations and national standards. In which, the certificate of conformity is granted for products meeting technical regulations; A certificate of conformity is issued to a product that meets the standard. Similar to regulations and standards, these two concepts also have differences that not all consumers and businesses understand to verify in the process of buying and selling goods. The comparison table below shows the differences in content:
For domestically-manufactured elevators, the regulation conformity certification shall be carried out according to mode 5 or mode 8. For imported elevators, the regulation conformity certification shall be carried out according to mode 7 or mode 8.
– Method 5: Testing of typical samples and assessment of the production process; monitoring through testing of samples taken at the production site or on the market in conjunction with assessment of the production process;
– Method 7: Testing and evaluating batches of products and goods;
– Method 8: Testing or verifying all products and goods.
Order of conformity announcement:
1. In case of announcement of technical-regulation conformity based on self-assessment results
a) For domestically produced products and goods;
– Organizations and individuals submit dossiers for announcement of technical-regulation conformity as prescribed in Article 14 of Circular 28/2012/TT-BKHCN stipulating standard-conformity announcement, regulation-conformity announcement and methods of assessing conformity with standards. technical standards and regulations for specialized agencies to announce technical-regulation conformity based on self-assessment results of organizations and individuals;
– After submitting dossiers for announcement of regulation conformity at specialized agencies, organizations and individuals are allowed to circulate goods.
b) For imported goods:
– Organizations and individuals register for quality inspection of imported goods with the following information: name of the importing organization or individual, address, phone, fax; goods names, brands, types; specifications; origin, manufacturer; volume, quantity; import border gate; entry time; contract (Contract); Packing list; invoice (Invoice); bill of lading (Bill of Lading); declaration of imported goods; technical regulation number; commit to the quality of products and goods in accordance with technical regulations and announced applicable standards and take full responsibility before law for the quality of products and goods.
Within 01 working day, the specialized agency shall certify that the organization or individual has registered for quality inspection of imported goods on the registration form of the organization or individual;
– Organizations and individuals submit a registration form certified by a specialized agency to the customs authority for permission to clear goods;
– Within 15 working days from the date of customs clearance of goods, organizations and individuals must submit self-assessment results as prescribed at Point b, Clause 1, Article 14 of this Circular to specialized agencies.
Organizations and individuals must take full responsibility for the results of self-assessment and ensure that the goods conform to the announced applicable technical regulations and standards. In case the goods do not conform to the announced applicable technical regulations and standards, the organization or individual must promptly report to the specialized agency, and at the same time organize the handling and recall of these goods according to regulations. under the law.
2. In case the regulation conformity announcement is based on the assessment results of a registered or recognized certification body (hereinafter referred to as the certification body for short)
a) For domestically produced products and goods:
– Organizations and individuals submit dossiers of announcement of technical-regulation conformity as prescribed in Article 14 of Circular 28 to specialized agencies to announce technical-regulation conformity based on assessment results of certification organizations;
– After the notice of receipt of dossiers of announcement of regulation conformity is issued from specialized agencies, organizations and individuals permitted to circulate goods.
b) For imported goods:
– Organizations and individuals register for quality inspection of imported goods with the following information: name of the importing organization or individual, address, phone, fax; goods names, brands, types; specifications; origin, manufacturer; volume, quantity; import border gate; entry time; contract (Contract); Packing list; invoice (Invoice); bill of lading (Bill of Lading); declaration of imported goods; technical regulation number; commit to the quality of products and goods in accordance with technical regulations and announced applicable standards and take full responsibility before law for the quality of products and goods.
Within 01 working day, the specialized agency shall certify that the organization or individual has registered for quality inspection of imported goods on the registration form of the organization or individual;
– Organizations and individuals submit a registration form certified by a specialized agency to the customs authority for permission to clear goods;
– Within 15 working days from the date of customs clearance of goods, organizations and individuals must submit a true copy of the original Certificate of conformity with technical regulations to a specialized agency.
In case, the goods have been assessed by a certification organization in the exporting country, within 03 working days from the date of customs clearance, the organization or individual must submit a true copy of the certificate of conformity with standards. techniques for specialized agencies.
Organizations and individuals must take full responsibility and ensure that the goods conform to the announced applicable technical regulations and standards. In case the goods do not conform to the announced applicable technical regulations and standards, the organization or individual must promptly report to the specialized agency, and at the same time organize the handling and recall of these goods according to regulations. under the law.
3. In case of announcement of technical-regulation conformity based on the assessment results of the designated certification body
a) For domestically produced products and goods:
– Organizations and individuals submit dossiers for announcement of technical-regulation conformity as prescribed in Article 14 of this Circular together with a true copy of the original certificate of technical-regulation conformity of the appointed certifying organization to the specialized agency. branches to be issued with Notice of receipt of dossiers of announcement of regulation conformity;
– After receiving the notice of receipt of dossiers of announcement of regulation conformity, organizations and individuals are allowed to circulate goods.
b) For imported goods:
– Organizations and individuals register for quality inspection of imported goods with the following information: name of the importing organization or individual, address, phone, fax; goods names, brands, types; specifications; origin, manufacturer; volume, quantity; import border gate; entry time; contract (Contract); Packing list; invoice (Invoice); bill of lading (Bill of Lading); declaration of imported goods; technical regulation number; commit that the quality of products and goods conforms to technical regulations and announced applicable standards and take full responsibility before law for the quality of products and goods in conformity with technical regulations and standards. announce the application and take full responsibility before law for the quality of products and goods, enclosed with a true copy of the original Certificate of conformity with technical regulations of the designated certification organization;
– Specialized agencies shall issue notices of results of state inspection of imported goods’ quality;
– After the notification of results of state inspection of the quality of imported goods is issued, the organization or individual shall submit a true copy of this notice to the customs authority for customs clearance.
The certificate of conformity must show information about the elevator, including:
– Code;
– Manufacturing number;
– Manufacturer;
– Origin;
– Year of manufacture;
– Technical characteristics (Type of elevator, load, rated speed, number of stops, number of people allowed in the elevator);
– Conclusion on the design conformity of the elevator design or the safety parts of the elevator in accordance with the requirements specified in this regulation.
4. Elevator stickers and records
Labels are an important part of each type of goods and products. Regardless of other purposes on the part of the business, product labeling is a mandatory requirement according to regulations. Accordingly, the content of a product or goods label includes information about the goods to serve as a basis for functional agencies to inspect and control goods. Similarly, elevators also need to be labeled according to regulations. Goods labels include original labels and sub-labels.
Original label of goods is a label shown for the first time by a goods-producing organization or individual affixed to the goods or the commercial packaging of the goods.
In addition, imported elevators also need additional labels. Secondary label means a label showing the mandatory contents translated from the original label of the goods in a foreign language into Vietnamese and supplementing the compulsory contents in Vietnamese according to the provisions of Vietnamese law. missing goods; (Goods imported into Vietnam that have not been shown on the label or shown insufficiently the mandatory contents in Vietnamese must have an additional label showing the mandatory contents in Vietnamese and keep the original label of the goods.) The content written in Vietnamese must correspond to the content written on the original label).
The content on the label must be sufficient:
– Goods name;
– Name and address of the organization or individual responsible for the goods;
– Origin of goods;
– Recommendation: should have more technical specifications, production year, safety warning information.
Elevator profiles are part of the required elevator file in the commercial process and should also be kept in full for maintenance, periodic inspection and inspection by authorities. . An elevator resume must include the following information:
1. General information about elevators, including the following minimum contents:
– Code, manufacture number, manufacturer, year of manufacture, place of manufacture.
– Technical specifications: Use, load, speed, number of stops, type of drive, elevator control system, characteristics of cable, guide rail, working environment of elevator.. .
2. Technical drawings for:
– Operation principle diagram;
– Drawing showing the arrangement of safety components/devices, diagram of control system, wiring diagram and counterweight of the elevator.
3. The diary section is used for making notes about the times of inspection, inspection, repair, maintenance, and maintenance. The person directly carrying out the inspection, inspection, testing, repair, maintenance, maintenance or replacement of parts/equipment of the elevator must be responsible for recording the information in the manual. The information must include the following:
– Name and signature of the performer;
– Date of implementation;
– Implementation content (inspection, inspection, repair, maintenance, maintenance, replacement…);
– Recommendations for users during elevator operation.
In case the elevator does not have all the required technical documents and records, the organization or individual managing the elevator must be responsible for re-establishing the missing records and documents. The re-establishment of dossiers and technical documents of the elevator must be performed by a certification organization designated or recognized by the Ministry of Labor, War Invalids and Social Affairs.
4. Inspection and maintenance, maintenance
Elevator inspection certificate is required before the elevator is put into operation. In addition, in the process of using the elevator also need to be periodically inspected according to regulations.
– The time limit for periodic safety technical inspection for elevators installed in apartment buildings, offices, commercial centers, hospitals, hotels, manufacturing plants or in public areas is two (02) every year.
– The time limit for periodic safety technical inspection for elevators installed at works other than those mentioned in Clause 1 of this Article is every three (03) years.
– The period of periodic safety technical inspection for elevators that have been used for more than 15 years is one (01) year.
Elevators during use must be periodically maintained at least once every 3 (three) months. For elevators installed in apartment buildings, office buildings, commercial center buildings, hospitals, hotels, manufacturing plants, public areas (such as airports, train stations, etc.) …) then the period of periodic maintenance is at least once every 01 (one) month.
From the above provisions from the legal corridor in the field of elevators, consumers and businesses need to know important information specifically related to the activities of individuals and organizations related to elevators. Read part 2 to get more detailed information about the responsibilities of individuals, organizations and related sanctions: Overview of regulations on elevators – Part 2
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