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GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 09/2021/ND-CP
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Hanoi, February 09, 2021
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DECREE
ON MANAGEMENT OF BUILDING MATERIALS
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Amendments to the Law on Government Organization and the Law on Local
Government Organization dated November 22, 2019;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the Law on
Amendments to the Law on Construction dated June 17, 2020;
At the request of the
Minister of Construction;
The Government hereby
promulgates a Decree on management of building materials.
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GENERAL
PROVISIONS
Article
1. Scope
This Decree provides for
managing development and production of building materials and use of building
materials in construction works, ensuring safety, effectiveness, sustainable
development, environmental protection and natural resource saving.
Article
2. Regulated entities
This Decree applies to
regulatory bodies and organizations and individuals operating in the building
material sector within the territory of Vietnam.
Article
3. Definitions
For the purposes of this
Decree, the terms below shall be construed as follows:
1. “building material”
refers to a product or goods used to build a construction work, except for
electrical and technological equipment.
2. “mineral- and
energy-saving and environment-friendly building materials” include unbaked
building materials, building materials produced by using waste as raw materials
or fuels, and building materials that are far more energy-saving than other
materials of the same type.
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Chapter
II
DEVELOPMENT
OF BUILDING MATERIALS
Article
4. Building material development strategy
1. A building material
development strategy shall be formulated as the basis for managing development
of building materials in a manner that ensures safety, effectiveness,
sustainable development, environmental protection and efficient use of natural
resources and satisfaction of the demand for building materials for domestic
purposes and export; for including contents related to development of building
materials in the national sector planning, regional planning and provincial
planning; for formulating the planning for exploration, extraction, processing
and use of minerals as building materials and proposing a measure to integrate
contents of such planning into the comprehensive national planning.
2. Contents of the
building material development strategy shall be decided by the Prime Minister.
3. The Ministry of
Construction shall cooperate with relevant ministries and local authorities in
organizing formulation of a building material development strategy and submit
it to the Prime Minister for decision.
4. The costs of
formulating, appraising and approving the building material development
strategy shall be covered by the state budget.
Article
5. Policies for development of mineral- and energy-saving and
environment-friendly building materials
1. The State shall
encourage and enable organizations and individuals to research, develop, apply
science and technology and invest in production of mineral- and energy-saving
and environment-friendly building materials.
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3. The Prime Minister
shall introduce a roadmap for limiting and removing building material
production facilities that employ obsolete technologies that consume too much
fuel and energy and cause environmental pollution.
Article
6. Management of projects on construction of works for building material
production
1. The execution of a
project on construction of a work for building material production shall comply
with regulations of law on investment and law on construction, and other
relevant laws.
2. Regarding the project
construction of a work for building material production subject to approval for
its investment guidelines in accordance with regulation of law on investment,
in the process of appraising the project for approval for investment
guidelines, the Ministry of Planning and Investment or investment registration
authority shall seek comments of the building material authority before
submitting the project to a competent authority for approval for investment
guidelines. To be specific:
a) Seek comments of the
Ministry of Construction regarding the project subject to approval for its
investment guidelines by the Prime Minister; group A project; project on
construction of a new work for building material production or use of a new
technology, investment project that has a special grade or grade I work that
greatly affects safety or interests of the community or is built in at least 02
provinces;
b) Seek comments of the
Department of Construction of the province where the project is executed
regarding the remaining projects other than those specified in Point a of this
Clause.
3. The issues that need
commenting on:
a) Assessment of conformity
of sources of production materials of the project with those in the planning
for minerals used as building materials;
b) Preliminary assessment
of socio-economic effects of the project based on criteria concerning raw
material and energy loss rate, and environmental impacts; scale of investment;
duration and schedule for execution of the project.
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USE AND
MANAGEMENT OF QUALITY OF BUILDING MATERIALS
Article
7. Use of building materials and building components in construction works
1. Goods and products of
building materials and building components used in construction works must meet
quality requirements, standards, technical regulations, designs and technical
guide (if any).
2. The Prime Minister
shall introduce a roadmap for using unbaked building materials, natural
resource- and energy-saving and environment-friendly building materials and
building materials domestically produced regarding works using by public
investment funds and non-public investment state funds.
3. It is advisable to use
unbaked building materials, natural resource- and energy-saving and
environment-friendly building materials and building materials domestically
produced regarding construction works funded by other sources of capital.
Article
8. Use of white asbestos from serpentine family for production of building
materials
1. Only asbestos of clear
origins for production of building materials is used; the use of fibers as an
asbestos fiber substitute in production of roofing sheets is encouraged.
2. The concentration of
white asbestos from serpentine family in a production area must not exceed 0.1
fibers/ml and 0.5 fibers/ml of air as an eight-hour time-weighted average and
one-hour time-weighted average respectively.
3. There should be plans
to treat scrap, dust and wastewater generated from production for reuse purpose
or safely treat them in accordance with regulations.
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5. The Prime Minister shall
introduce a roadmap for limiting the investment in construction or expansion of
asbestos roofing sheet manufacturing plants.
Article
9. Management of treatment and use of waste in production of building materials
1. Owners of facilities
that use ash, slag and gypsum from thermal power plants, chemical plants,
fertilizer plants, metallurgical plants and other industrial facilities shall:
a) comply with the law on
environmental protection and other regulations of competent authorities;
b) classify and treat
ash, slag and gypsum in accordance with technical regulations and standards to
be used as raw materials for production of building materials and use in
construction works;
c) hire other licensed
units in case of failure to classify and preliminarily treat ash, slag and
gypsum.
2. For building material
production facilities that treat and use waste as raw materials and fuels:
a) Their production
activities shall comply with regulations of law on construction and
environmental protection;
b) It is required to make
sure that the production of building material products conforms to with
technical regulations and standards and standards concerning health and
environment protection.
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1. Quality of products
and goods of building materials and building components must be compliant with
regulations of law on quality of products and goods; law on technical
regulations and standards.
2. Domestically produced
products and goods of building materials and building components must meet
published standards. If national standards applied to products and goods of
building materials have not been available, the producers thereof shall
formulate and issue internal standards in accordance with regulations of law on
technical regulations and standards.
3. Regarding imported
products and goods of building materials and building components, standards
applied shall be published. Products and goods of building materials and building
components managed under national technical regulations should conform to
respective national technical regulations.
Chapter
IV
IMPLEMENTATION
Article
11. Responsibility for state management of building materials
1. The Government shall
unify management of activities in the building material sector nationwide.
2. The Ministry of
Construction shall be responsible to the Government for unifying management of
activities in the building material sector.
3. Other ministries shall,
within their jurisdiction, cooperate with the Ministry of Construction in
performing state management of activities in the building material sector.
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Article
12. Responsibilities of the Ministry of Construction
1. Formulate and submit
to competent authorities the legislative documents and policies on building
materials and policies and promulgate legislative document within their power
specified in Laws and Decrees; organize formulation, appraise and submit
building material development strategies, programs and schemes for development
of natural resource- and energy-saving and environment-friendly building
materials for approval; provide guidance on and organize the implementation of
legislative documents, strategies, programs and schemes that have been approved
by the competent authority.
2. Request the Prime
Minister to encourage or limit the development, production, use, import or
export of building materials; promulgate regulations on technical norms and
guidelines for export of minerals used as building materials as prescribed by law.
3. Comment on projects on
construction of works for building material production as prescribed in Article
6 hereof.
4. Perform other tasks in
the building material sector specified in this Decree and relevant legislative
documents.
Article
13. Responsibilities of Ministries and ministerial agencies
Ministries and
ministerial agencies have the responsibility to:
1. Formulate, propose the
promulgation or promulgate specific policies on building material development
in the sectors as assigned.
2. Cooperate with the
Ministry of Construction in performing state management tasks in the building
material sector.
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1. Organize the
implementation of legislative documents and state management of building
materials in provinces within their power.
2. Manage quality of products
and goods of building materials in provinces in accordance with regulations of
law.
3. Monitor, produce
statistics on and review activities in the building material sector in
provinces; submit periodic or ad hoc reports to the Ministry of Construction as
prescribed.
4. Disseminate, provide
guidance on laws and provide information about activities in the building
material sector in provinces.
5. Carry out inspections
and impose penalties for violations that arise in the building material sector
in provinces.
6. Perform other tasks
related to management of building materials in accordance with regulations of
law.
Article
15. Transitional clauses
Regarding projects on
construction of works for building material production whose investment
guidelines were approved before the effective date of this Decree, it is not
required to seek comments of building material authorities as prescribed in
Article 6 hereof; regarding projects whose investment guidelines have not been
approved, regulations set out in this Decree shall be complied with.
Article
16. Effect
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2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People’s
Committees of provinces and central-affiliated cities and relevant
organizations and individuals are responsible for the implementation of this
Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc