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THE MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 09/2012/TT-BXD
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Hanoi, November 28, 2012
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CIRCULAR
STIPULATING ON USE OF NON-BAKED
BUILDING MATERIALS IN CONSTRUCTION WORKS
Pursuant to the Law on Construction
No.16/2003/QH11, of November 26, 2003;
Pursuant to the Law on investment
No.59/2005/QH11, of November 29, 2005;
Pursuant to the Goverment's Decree
No. 17/2008/ND-CP, of February 04, 2008 defining the functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to the Goverment's Decree
No. 124/2007/ND-CP, of July 31, 2007 on management of the construction
materials;
Pursuant to the Decision No.
121/2008/QD-TTg, of August 29, 2008 of the Prime Minister on approving the
master plan on Vietnam building materials development till 2020;
At the proposal of the Director of
Building materials Department;
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Article 1. Scope of regulation and
subjects of application
1. This Circular stipulates on use of non-baked building materials in
construction works.
The non-baked building materials including:
- Cement brick – aggregate;
- The lightweight materials (bricks from autoclaved aerated concrete,
bricks from non-autoclaved aerated concrete, bricks from foam concrete, panels
from autoclaved aerated concrete);
- Plaster wall panel, 3d panel;
- Other bricks (ashlar, laterite, non-baked building materials from
hill-soil and construction waste, industrial waste, silicate bricks, etc).
The above-mentioned products of non-baked materials
must be conformable with current standards and regulations.
2. This Circular applies to organizations, individuals relating to
activities of investment in construction of works including: Persons deciding investment,
investors, contractors of design advisory, contractors of supervision advisory,
construction contractors; state agencies competent to management of investment
in construction of works.
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1. The construction works, which are invested by state capital under
current provisions, are forced to use non-baked building materials in according
to the roadmap:
+ In urban areas of type 3 or higher, non-baked
building materials must be used for 100% since the effective day of this
Circular.
+ In remaining areas, non-baked building materials
must be used minimally for 50% since the effective day of this Circular till
the end of 2015, after 2015, non-baked building materials must be used for
100%.
2. The construction works with 9 floors or more, not depend on capital
sources, from now by 2015, must use not less than 30% and after 2015, must use
not less than 50% of lightweight non-baked building materials in total used
building materials (calculated by volume of construction block).
Article 3. Encouragement of use of
non-baked building materials in construction works
Use of non-baked building materials in construction
works is encouraged, not depend on capital sources, urban area, number of
storeys.
Article 4. The responsibilities of
relevant organizations, individuals in use of non-baked building materials in
construction works
1. The persons deciding investment shall provide for use of non-baked building materials as
prescribed in this Circular upon deciding investment in project.
2. The investors are responsible for use of non-baked building materials in
conformity with provisions in this Circular.
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4. The construction contractors must abide by provisions of design
regarding use of non-baked building materials.
5. The contractors of supervision advisory are responsible for supervision
of use of non-baked building materials in accordance to provisions of design.
6. The competent organizations, individuals when verifying, evaluating
projects on investment in construction of works must ensure use of non-baked
building materials in accordance to provisions as a forcible requirement.
7. For a number of works with particular requirements, fail to use
non-baked building materials, they must be considered and accepted by competent
state management agencies:
a. The Ministry of Construction for works of special
level and level I;
b. The Ministry of National Defense and the Ministry
of Public Security for works of security and defense with special requirements
on use of building materials;
c. Specialized ministries for their particular works;
d. The provincial People’s Committees for remaining
works.
Article 5. Transitional handling
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Article 6. Inspection and handling
of violation
1. The Ministry of Construction cooperates with relevant ministries,
branches in organization of periodical or irregular inspection, examination for
compliance of provisions on use of non-baked building materials in construction
works in nationwide.
2. The provincial People’s Committees shall direct functional agencies to
inspect, examine periodically or irregularly for compliance of provisions on
use of non-baked building materials in construction works in their localities.
3. Organizations, individuals violating provisions of this Circular, depend
on seriousness of violation acts, shall be handled under current provisions.
Article 7. Organization of
implementation
1. This Circular takes effect on January 15, 2013.
2. Ministries, branches, People’s Committee of central-affiliated cities
and provinces shall report on situation of use of non-baked building materials of
their sectors, localities periodically, annually, or irregularly at the request
of the Ministry of Construction.
3. Ministers, heads of ministerial-level agencies, of Governmental
agencies, presidents of People’s Committee of central-affiliated cities and
provinces and relevant organizations, individuals shall implement this
Circular.
4. In the course of implementation, any arising problems should be reported
to the Ministry of Construction for consideration and settlement.
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FOR THE MINISTER
DEPUTY MINISTER
Nguyen Tran Nam