Thông tư 09/2012/TT-BXD

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;

The Minister of Construction promulgates Circular stipulating on use of non-baked building materials in construction works.

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. 

Article 2. The construction works forced to use non-baked building materials

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.

3. The contractors of works construction design advisory are responsible for putting types of non-baked building materials into design in conformity with each type of structure.

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

The works having been granted the construction permit or approved projects by competent authorities before this Circular comes into effect, such works may comply with the granted permits or approved decisions; investors are encouraged to change design by themselves for use of non-baked materials. 

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.