An expired equipment inspection report is an issue that many enterprises often overlook, it may lead to serious consequences. In addition to affecting occupational safety, the use of equipment beyond its inspection validity period may result in administrative sanctions or other legal liabilities. The following article will help Clients understand the nature of such issues and applicable legal regulations.

I. Current situation relating to expired equipment inspection reports

In practice, the use of equipment whose inspection reports have expired remains relatively common among many enterprises, particularly in manufacturing, construction, and mechanical engineering sectors. Such a situation is primarily attributable to the absence of a system for monitoring inspection validity periods or insufficient internal control mechanisms.

Many enterprises only conduct the initial inspection and fail to pay adequate attention to periodic re-inspections, resulting in equipment continuing to operate despite the expiration of the relevant inspection reports. It creates significant occupational safety risks, especially for equipment subject to stringent safety requirements, such as boilers, pressure vessels, elevators, and cranes.

II. Concept of an expired equipment inspection report

1. What is an expired equipment inspection report?

Pursuant to Clause 1, Article 3 of Decree No. 44/2016/ND-CP, enterprises using machinery and equipment included in the list of equipment subject to stringent occupational safety requirements must undergo technical safety inspection through a competent inspection organization.

Accordingly, an expired equipment inspection report is understood as a document certifying the results of a safety inspection that is no longer legally valid because its prescribed validity period has elapsed. Once the report expires, the equipment is no longer deemed to satisfy safety requirements for continued operation until a new inspection is conducted.

2. What is the purpose of equipment inspection and the issuance of inspection reports?

The purpose of inspection and the issuance of inspection reports is to assess the safety condition of machinery and equipment before they are put into operation and throughout their operational lifecycle. Through such a process, competent technical authorities verify that the equipment complies with applicable technical standards and minimizes the risk of incidents or occupational accidents.

In addition, an inspection report serves as legal evidence demonstrating that the enterprise has complied with occupational safety and hygiene regulations. It also provides a basis for competent authorities to conduct inspections, supervision, and enforcement actions where violations are detected.

Moreover, periodic inspections enable enterprises to identify equipment deterioration or defects in a timely manner and implement appropriate repair or replacement measures, thereby ensuring stable and safe production operations.

3. What role does an equipment inspection report play in occupational safety management?

An equipment inspection report is not merely a technical certification document; it is also an important risk management tool in operational activities. Through the inspection report, an enterprise can assess the actual condition of equipment and make informed decisions regarding continued use, maintenance, repair, or replacement.

In the context of increasingly stringent inspections and regulatory audits, inspection reports also function as evidence of legal compliance, thereby reducing the risk of administrative sanctions and potential disputes.

III. Legal regulations relating to expired equipment inspection reports

1. Which equipment is subject to mandatory inspection?

Pursuant to Clause 1, Article 3 of Decree No. 44/2016/ND-CP, enterprises using machinery and equipment included in the list of equipment subject to stringent occupational safety and hygiene requirements must undergo technical inspection through a qualified inspection organization.

Such a list is promulgated together with Circular No. 36/2019/TT-BLDTBXH and includes numerous categories of equipment that pose a high risk to safety during operation. Typical examples include:

  • Boilers and hot-water boilers operating at pressure and temperature levels exceeding prescribed thresholds;
  • Thermal oil heaters;
  • Steam and hot-water pipeline systems with diameters meeting technical regulatory thresholds;
  • Pressure vessels and tanks containing compressed gas or liquefied gas;
  • Cylinders containing compressed gas, liquefied gas, or compressed natural gas;
  • Tanks and containers storing substances under high pressure or utilizing pressurized gas during operation.2. How can equipment be renewed or re-inspected when the inspection report expires?

When an inspection report expires, an enterprise cannot simply extend the validity of the report. Instead, the equipment must undergo a new inspection in order to obtain a new inspection result. At the same time, enterprises should ensure that the inspection organization itself maintains a valid operating certificate.

Specifically:

  • For equipment: The enterprise must engage a qualified inspection organization to perform a re-inspection. The equipment may only continue to be used once it has successfully passed inspection and been issued a new inspection report or certificate.
  • For inspection organizations: Pursuant to Clause 5, Article 5 of Decree No. 44/2016/ND-CP, procedures for extending a Certificate of Eligibility for Inspection Activities include:
    + Submission of an application dossier: At least 30 days before the certificate expires, the organization must submit an application for extension and pay the prescribed fees.
    + Review and extension: Within 30 days from receipt of a complete application dossier, the competent authority shall consider the extension request. If the request is denied, a written response stating the reasons must be issued.

3. How is the validity period of an equipment inspection report determined?

Pursuant to Article 14 of Circular No. 02/2025/TT-BCT, the validity period is calculated from the date on which the equipment successfully passes inspection until the expiry of the next prescribed inspection cycle, as follows:

  • Initial inspection: It is conducted before the equipment is put into operation; the issuance date of the inspection report marks the commencement of the validity period.
  • Periodic inspection:
    + For equipment forming an inseparable part of a production line: It is conducted according to the major overhaul cycle of the entire system.
    + For equipment maintained based on condition-based maintenance or reliability-centered maintenance methods: The inspection cycle is determined by the project owner but must not exceed 72 months.
    + For ordinary equipment: It is conducted according to the manufacturer’s recommendations but must not exceed 36 months.
  • Extraordinary inspection: Under the request of a competent authority or after repairs and remedial works following an incident; the new inspection date resets the validity period of the inspection report.

In addition, under Article 15 of Circular No. 02/2025/TT-BCT, once equipment successfully passes inspection, it will be issued a certificate and an inspection label. These documents serve as the primary basis for determining the equipment’s validity period in practice.

4. Legal consequences of using equipment with an expired inspection report

The use of equipment after the expiration of its inspection report constitutes not only a violation of safety regulations but may also lead to significant legal consequences.

For inspection organizations, conducting inspections while no longer satisfying operational conditions may result in revocation of the Certificate of Eligibility for Inspection Activities under Decree No. 44/2016/ND-CP (as amended by Decree No. 140/2018/ND-CP). It means that the organization will no longer be permitted to conduct inspection activities.

For enterprises using equipment, operating equipment with an expired inspection report may result in:

  • Administrative sanctions;
  • Suspension of equipment operation;
  • Obligations to remedy consequences where safety violations occur.

In the case of an accident, the enterprise may also be required to compensate for damages or face additional legal liability depending on the severity of the consequences.

IV. Questions relating to expired equipment inspection reports

1. May equipment continue to be used after its inspection report has expired?

Once an inspection report has expired, the equipment is no longer deemed to satisfy the applicable safety requirements and may not continue to be operated.

Deliberately operating equipment under such circumstances not only increases the risk of incidents and occupational accidents but may also expose the enterprise to administrative sanctions and, in serious cases, suspension of the equipment's operation.

2. What responsibilities does an employer have when an equipment inspection report expires?

When an inspection report expires, the employer must immediately cease using the equipment and arrange for a re-inspection before returning it to operation. According to Decree No. 44/2016/ND-CP, enterprises are responsible for selecting a qualified inspection organization to conduct initial or periodic inspections and may only use equipment that has successfully passed inspection.

Following the inspection, the enterprise must obtain and retain the inspection report, inspection certificate, and inspection label. If the equipment fails to meet the required standards, the enterprise must implement corrective measures as instructed and is prohibited from putting the equipment into operation.

In addition, within thirty (30) days from the date the equipment is put into operation, the enterprise must register or declare the equipment with the competent authority (the Department of Home Affairs) in accordance with the prescribed procedures.

3. Who is responsible if an accident occurs due to equipment operating with an expired inspection report?

In an accident caused by equipment whose inspection report has expired, the employer (the enterprise) is the party primarily responsible. According to Article 16 of the Law on Occupational Safety and Hygiene 2015, employers take comprehensive responsibility for ensuring safety in the workplace.

Specifically, employers are required to:

  • Ensure that machinery and equipment are operated and maintained in compliance with applicable safety standards;
  • Conduct periodic inspections, maintenance, and technical examinations of equipment;
  • Eliminate or minimize hazardous factors in the workplace;
  • Provide adequate personal protective equipment and organize occupational safety training for employees.

Accordingly, allowing equipment to remain in operation after the expiration of its inspection report constitutes a failure to fully discharge the employer’s legal obligations. If an accident occurs, the enterprise may be subject to:

  • Administrative sanctions;
  • Liability for compensating affected employees or other injured parties;
  • Criminal liability where the consequences are sufficiently serious.

Furthermore, if there is wrongdoing on the part of the inspection organization, the inspection organization may also take joint liability. However, such circumstances do not diminish the enterprise’s primary responsibility for managing and controlling equipment safety.

4. Is it necessary to notify competent authorities when an inspection report expires?

The law does not require enterprises to notify competent authorities solely as an inspection report has expired. However, once the report expires, the enterprise must immediately cease operating the equipment and arrange for a re-inspection.

If the enterprise fails to take timely action and continues to operate the equipment, it may be subject to sanctions during inspections, audits, or investigations conducted by competent authorities, or following the occurrence of an incident.

5. Is it necessary to retain expired inspection reports?

Enterprises are still required to retain expired inspection reports as part of the equipment’s occupational safety technical dossier.

Pursuant to Clause 3, Article 16 of Decree No. 44/2016/ND-CP, employers are responsible for maintaining complete occupational safety technical records for equipment subject to mandatory inspection in accordance with applicable national technical regulations. It includes retaining previous inspection reports, even after they have expired.

With respect to the retention period, the law does not prescribe a single fixed duration applicable to all types of equipment. Instead, the retention period depends on the technical regulations governing each category of equipment. Nevertheless, as a practical matter, enterprises should:

Retain records for at least two consecutive inspection cycles; or

Retain records throughout the entire operational lifespan of the equipment for inspection, verification, and compliance purposes.

In addition, if equipment is transferred or leased to another party, the enterprise is required to hand over the complete occupational safety technical dossier, including expired inspection reports, to the receiving party.

V. Why should you seek legal advice from NPLaw regarding expired equipment inspection reports?

When issues arise in relation to expired equipment inspection reports, seeking assistance from NPLaw enables enterprises to obtain prompt and practical legal support tailored to their specific circumstances. With extensive experience in occupational safety compliance and regulatory matters, NPLaw’s legal team provides comprehensive guidance on appropriate remedial measures, including equipment re-inspection procedures, review of compliance documentation, and communication with competent authorities.

The information provided above is for reference purposes only. Should you require detailed advice regarding a specific case, please contact NPLaw for prompt legal assistance.