Nghị định 24a/2016/ND-CP

Decree No. 24a/2016/ND-CP dated April 05th 2016, building Material Management

Nội dung toàn văn Decree No. 24a/2016/ND-CP building Material Management


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 24a/2016/ND-CP

Hanoi, April 05, 2016

 

DECREE

BUILDING MATERIAL MANAGEMENT

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Mineral dated November 17, 2010;

Pursuant to the Law on investment dated November 26, 2014;

Pursuant to the Law on Environment protection dated June 23, 2014;

At the request of the Minister of Construction,

The Government promulgates the Decree on building material management.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Decree regulates building material-related activities including planning for development of building materials, planning for minerals as building materials; activities of investment and production of building materials; quality management and trading in building materials; policies on building material development, savings on natural resources of minerals, energy, and environmental friendliness. For metal and non-mineral building materials, this Decree shall only provide for quality management and trading.

Article 2. Regulated entities

State administration agencies, organizations and individuals operating in the area of building materials in the territory of Vietnam;

Article 3. Interpretation of terms

In this Decree, some terms are construed as follows:

1. Building materials refer to products of organic and inorganic origins used to construct buildings except for electrical and technological equipment.

2. Building materials are types of materials under management and planning throughout the country, including cement, tiling materials, sanitary ceramic, glass, lime and fire-proof materials.

3. Tiling materials refer to materials used for tiling construction works.

4. Sanitary ceramic refers to products of ceramic origins used for installation of sanitary works, laboratories and other specialty facilities.

5. Building materials saving natural resources of minerals and energy, and environmentally friendly includes building materials unbaked, manufactured from use of waste as raw materials or fuel, and saving energy better than other materials of the same type.

6. Minerals as key building materials are mainly composed of stone used for the production of stone slabs, lime, silica sand, kaolin, white clay, feldspar, fire-resistant clay, dolomite, bentonite and other types of minerals as cement (including stone and clay used for the production of cement and cement additives) which are planned throughout the country.

7. Minerals as normal building materials refer to the minerals as prescribed in Clause 1, Article 64 of the Law on Mineral.

Article 4. State administration on building materials

1. Contents of state administration on building materials:

a) Promulgate and instruct the implementation of legislative documents on building materials; regulations on encouragement or restrictions on investment, production, trading, employment, importation and exportation of building materials, minerals as building materials;

b) Organize establishment, appraisal, approval and administration of the implementation of the master plan for building material development, the master plan for minerals as building materials;

c) Promulgate National technical regulations for products and goods as building materials;

d) Perform quality management on products and goods as building materials;

dd) Carry out appraisal and assessment of production technology and building material quality; processing technology and quality of minerals as building materials;

e) Carry out investigation, inspection and handling of violations in the area of building materials;

2. Assignment and decentralization of state administration on building materials:

a) The Government shall unify state administration on activities in the area of building materials;

b) The Ministry of Construction shall be responsible to the Government for unifying state administration on activities in the area of building materials;

c) Other ministries, departments within function and duty shall cooperate with the Ministry of Construction in performing state administration on activities in the area of building materials;

d) People’s Committees of central-affiliated cities and provinces shall be responsible for state administration on activities in the area of building materials in the administrative division.

Chapter II

MASTER PLAN FOR BUILDING MATERIAL DEVELOPMENT, MASTER PLAN FOR MINERALS AS BUILDING MATERIALS

Section 1. MASTER PLAN FOR BUILDING MATERIAL DEVELOPMENT

Article 5. Classification of planning for building material development

Planning for building material development comprises:

1. Master plan for building material development in Vietnam;

2. Master plan for development of key building materials established on a national scale;

3. Planning for development of building materials in localities established on municipal and provincial scale;

Article 6. Period of planning for building material development

1. The period of planning for building material development is ten years with a 20-year vision.

2. Make adjustments to the planning for building material development:

a) The planning for building material development shall be checked and adjusted generally every five years; as for the planning for development of key building materials, reviews and adjustments may be made at random to ensure balance between supply and demand and market stabilization throughout the country.

b) Adjustments made to the planning for building material development should be based on performance of the planning over periods; adjustments shall be made only to unsuitabilities for current socio-economic development or to ensure balance between demand and supply and market stabilization across the country.

Article 7. Foundations for planning for building material development

1. Foundations for planning for building material development in Vietnam:

a) Strategy and master plan for socio-economic development across the country;

b) Findings from basic geological survey on minerals and other database on mineral as building materials;

c) Workforce and technological capabilities;

d) Markets and competition advantages

2. Foundations for planning for development of key building materials:

a) Strategy and master plan for socio-economic development across the country;

b) Master plan for building material development in Vietnam;

c) Findings from basic geological survey on minerals and other database on minerals as key building materials;

d) Workforce and technological capabilities;

dd) Documents on market survey and competition advantages in the country, region and the world for key building materials;

3. Foundations for establishment of building material development planning in localities:

a) Strategy and master plan for socio-economic development in localities;

b) Master plan for building material development in Vietnam; planning for development of key building materials; planning for construction and land use;

c) Potential natural resources of minerals as building materials;

d) Workforce and technological capabilities;

dd) Market and competition advantages;

Article 8. Sequence of establishment, appraisal and approval for planning for building material development

1. Make a list, establish capital plan and submit an outline to competent authorities for approval;

2. Carry out establishment of the planning in following steps:

a) Compile findings from investigation, analysis and assessment of natural resources of minerals; such factors as resources, development conditions and their impacts on the planning for building material development;

b) Conduct analysis and assessment of current conditions of production, calculation of supply-and-demand balance;

c) Establish reports and related documents;

d) Collect suggestions ministries, ministerial-level agencies, People’s committees of relevant provinces; complete planning documentation;

dd) Make submission to competent authorities for assessment and approval;

Article 9. Content of planning for building material development

1. Content of planning for building material development in Vietnam comprises:

a) Position and role of building materials for national economy;

b) The country’s targets and points of view on building material development;

c) The country’s current conditions of building material development; distribution of production facilities; structures, types and quality of products; technological level, investment, workforce, production; competition capability;

d) The country’s current conditions of natural resources of minerals as building materials;

dd) Forecasts about domestic, regional and world markets in building material markets; forecasts about exportation and importation of building materials;

c) The country’s potential and advantages for building material development;

g) Economic-technical norms for structures, types and quality of products, technologies, investments; alternatives for exploiting and using minerals as building materials in an effective and thrifty way;

h) Orientations towards development of building materials in each period of time;

i) Solutions to mechanisms, policies and plans for planning and implementation;

k) Strategic environment assessment for each period of time;

l) Responsibilities of ministries, departments and localities for planning and implementation;

2. Content of planning for development of key building materials comprises:

a) Targets and points of view on development of key building materials;

b) The country’s current conditions of development of key building materials; distribution of production facilities; structures, types and quality of products; technological level, investments, workforce, production; competition capability;

c) The country’s current conditions of natural resources of minerals as key building materials;

d) Forecasts about domestic, regional and world markets in key building materials; forecasts about exportation and importation of key building materials;

dd) The country’s potential and advantages for development of building materials;

e) Economic-technical norms for output and quality of products, technologies, loss of raw material, fuel, energy; alternatives for exploiting and using minerals as key building materials in an effective and thrifty way;

g) Methods for calculating supply-demand balance for key building materials in each period of time;

h) Selection of technological solutions; planned lists of investment projects; alternatives for distribution of investments, investment scale and progress;

i) Solutions to mechanisms, policies and plans for implementation of planning;

k) Strategic environment assessment for each period of time;

l) Responsibilities of ministries, departments and localities for planning and implementation;

3. Content of building material development planning in localities comprises:

a) Position and role of building materials for socio-economic development in localities;

b) Targets and points of view on development of building materials in localities;

c) Current conditions of building material development in localities; distribution of production facilities; structures, types and quality of products; technological level, investments, workforce, production; competition capability;

d) Current conditions of natural resources of minerals as building materials in administrative divisions;

b) Forecasts about demands of localities for building materials;

e) Potential and advantages for development of building materials in localities;

g) Updates on figures, norms of the master plan for development of building materials in Vietnam; planning for development of key building materials;

h) Economic-technical norms for structures, types and quality of products, technologies, investments; alternatives of exploiting and using minerals as building materials in an effective and thrifty way by localities;

i) Forecasts about demands of localities for capital, workforce; measures to ensure supply-demand balance for building materials;

k) Planned lists of investment projects; distribution of investments, scale and progress of investment;

l) Plans for removal of existing outdated production facilities in localities;

m) Solutions to mechanisms, policies and plans for planning and implementation;

Article 10. Documentation of building material development planning

1. Documentation of building material development planning submitted to competent agencies for assessment shall comprise:

a) Main reports on planning that comprises legal foundations, explanation, maps and annexes;

b) Summary reports on planning;

c) Related documents;

d) General reports on reception and explanation of suggestions from ministries, ministerial-level agencies, People’s committees of relevant provinces;

dd) Strategic environment assessment report;

e) Draft statement and decision on approval for the planning;

2. Documentation of building material development planning submitted to competent agencies for approval shall comprise:

a) Documentation of building material development planning submitted to competent agencies for assessment shall be stipulated in Clause 1, this Article;

b) Planning appraisal document;

c) Report on reception and explanation on the basis of planning assessment document;

d) Statement and draft decision on approval for the planning;

3. Documentation of building material development planning shall be stored and protected as prescribed;

Article 11. Responsibility for establishment of building material development planning

1. The Ministry of Construction shall organize establishment of following planning:

a) Master plan for development of building materials in Vietnam;

b) Planning for development of key building materials;

2. People’s committees of provinces shall organize establishment of building material development planning in localities; the Services of Construction shall preside over and help People’s committees of provinces to organize establishment of building material development planning in localities.

3. Agencies that establish planning for building material development may select qualified consultants for establishment of the planning as prescribed.

Article 12. Appraisal of building material development planning

1. Authorities to assess building material development planning:

a) The Ministry of Construction shall organize appraisal of master plan for development of building materials in Vietnam; planning for development of key building materials;

b) People’s committees of provinces shall organize appraisal of building material development planning in localities;

2. Agencies that organize appraisal of building material development planning shall establish the Board of Appraisal:

3. Composition of the Board of Appraisal:

a) For the master plan for development of building materials in Vietnam, planning for development of key building materials, the Board of Appraisal shall be composed of representatives from the Ministry of Construction, Planning and Investment, Finance, Natural Resources and Environment, Industry and Trade and other ministries, ministerial-level agencies, People’s committees of relevant provinces, qualified and experienced experts in building materials;

b) For the planning for development of key building materials in localities, the Board of Appraisal shall be composed of representatives from People’s committees of provinces, Services of Construction, Planning and Investment, Finance, Natural Resources and Environment, Industry and Trade and other relevant departments and agencies, qualified and experienced experts in building materials;

Article 13. Content of appraisal of building material development planning

1. Content of appraisal of master plan for development of building materials in Vietnam comprises:

a) Legal foundations for establishment of the planning;

b) Scientific foundations, reliability of information, figures and documents used for establishment of planning;

c) Conformity of the planning with socio-economic development strategy across the country, consistency with other relevant sector planning;

d) Conformity with targets, points of view and orientations toward development of building materials across the country over periods; economic – technical norms; methods for appropriate arrangement of resources;

dd) Solutions to planning and implementation, feasibility of the planning and measures for management and implementation of planning;

e) Conformity of the planning with environment protection strategy;

2. Content of appraisal of building material development planning comprises:

a) Legal foundations for establishment of planning;

b) Scientific foundations, reliability of information, figures and documents use for the establishment of planning;

c) Conformity of the planning with socio-economic development strategy across the country, consistency with master plan for development of building materials in Vietnam and planning for other relevant sectors;

d) Conformity with targets, points of view and orientations toward development of key building materials across the country over periods; economic – technical norms; methods for appropriate arrangement of resources;

dd) Suitability of calculations of supply and demand balance for key building materials over periods;

e) Feasibility of technological solutions, planned lists of investment projects; alternatives for distribution of investments, scale and progress;

g) Solutions to planning and implementation, feasibility of planning and measures for management and implementation of planning;

h) Conformity of the planning with environment protection strategy;

3. Content of appraisal of building material development planning comprises:

a) Legal foundations for establishment of planning;

b) Scientific foundations, reliability of information, figures and documents use for the establishment of planning;

c) Conformity of the planning with socio-economic development strategy in localities, consistency with master plan for development of building materials in Vietnam, planning for development of key building materials and planning for other relevant sectors;

d) Conformity with targets, points of view and orientations toward development of building materials in localities over periods; economic – technical norms; methods for arranging resources in an appropriate way;

dd) Solutions to planning and implementation, feasibility of planning and measures for management and implementation of planning;

e) Conformity of the planning with environment protection strategy;

Article 14. Authorities to grant approval for building material development planning

1. Authorities to grant approval:

a) The Prime Minister shall grant approval for master plan for building material development in Vietnam; planning for cement development;

b) The Minister of Construction shall grant approval for planning for development of key building materials except cement development planning.

c) Presidents of People’s committees of provinces shall grant approval for building material development planning in localities;

Competent agencies that grant approval for building material development planning are the agencies that make adjustments to such planning.

Article 15. Public announcement of building material development planning

1. The Ministry of Construction shall make public announcement of master plan for development of building materials in Vietnam; planning for development of key building materials on its portal.

2. People’s committees of provinces shall make public announcement of building material development planning in localities on the portals of People’s committees of provinces and Services of Construction.

3. Within 30 days since the building material development planning is approved by competent state agencies, the agency that organizes establishment of the planning (herein ‘the planning agency’) shall be responsible for making public announcement of the planning.

Section 2. PLANNING FOR MINERALS AS BUILDING MATERIALS

Article 16. Classification of planning for minerals as building materials

Planning for minerals as building materials comprises:

1. Planning for survey, extraction and use of minerals as cement;

2. Planning for survey, extraction and use of mineral as key building materials excluding minerals as cement (herein ‘planning for survey, extraction and use of mineral as key building materials')

3. Planning for survey, extraction and use of mineral as normal building materials of central-affiliated cities and provinces (herein ‘planning for survey, extraction and use of mineral as normal building materials')

Article 17. Periods of planning for minerals as building materials

1. Period of planning for minerals as building materials is 5 years, a 10-year vision.

2. Make adjustments to planning for minerals as building materials as prescribed in Article 14 of the Law on Mineral in 2010;

Article 18. Foundations for establishment of planning for minerals as building materials

1. Foundations for establishment of planning for survey, extraction and use of minerals as cement:

a) Strategy and plan for socio-economic development, national defense and security, regional planning, mineral strategy, master plan for building material development planning in Vietnam, planning for development of key building materials;

b) Demands of the country for minerals as cements;

c) Scientific and technological progresses in survey, extraction and use of minerals as cement;

d) Performance of the planning for minerals as cement in previous period; results of strategic environment assessment;

2. Foundations for establishment of planning for survey, extraction and use of minerals as key building materials:

a) Strategy and plan for socio-economic development, national defense and security, regional planning, mineral strategy, master plan for building material development planning in Vietnam, planning for development of key building materials;

b) Demands of the country for minerals as key building materials;

c) Scientific and technological progresses in survey, extraction and use of minerals as key building materials;

d) Performance of the planning for minerals as key building materials in previous period; results of strategic environment assessment;

3. Foundations for establishment of planning for survey, extraction and use of minerals as normal building materials:

a) Planning for survey, extraction and use of mineral as cement, minerals as key building materials; planning for development of building materials in localities;

b) Local demands for minerals as normal building materials;

c) Scientific and technological progresses in survey, extraction and use of minerals as normal building materials;

d) Performance of the planning for minerals as normal building materials in previous period; results of strategic environment assessment;

Article 19. Sequence of establishment, appraisal and approval for planning for minerals as building materials

1. Make a list, establish capital plan and submit an outline to competent authorities for approval;

2. Carry out establishment of the planning as follows:

a) Compile findings from investigation, analysis and assessment of natural resources of minerals as building materials;

b) Establish reports and related documents;

c) Collect suggestions ministries, ministerial-level agencies, People’s committees of relevant provinces; complete planning documentation;

d) Make submission to competent authorities for appraisal and approval;

Article 20. Content of planning for minerals as building materials

1. Content of planning for survey, extraction and use of minerals as cement comprises:

a) Investigation, research, compilation and assessment of survey, extraction and use of minerals as cement;

b) Assessment of performance of previous planning;

c) Determination of demands for minerals as cement and satisfaction of demands in planning periods;

d) Zoning areas of minerals as cement for investment and extraction; Areas of minerals as cement shall be limited by straight lines connecting corner points shown in a terrain map of national coordinate system;

dd) Determination of scale and capacity of extraction, requirements for technologies for extraction of minerals as cement;

e) Solutions, progress of planning and implementation;

k) Strategic environment assessment for each period of time;

2. Content of planning for survey, extraction and use of minerals as key building materials comprises:

a) Investigation, research, compilation and assessment of survey, extraction and use of minerals as key building materials;

b) Assessment of performance of previous planning;

c) Determination of demands for minerals as key building materials and satisfaction of demands in planning periods;

d) Zoning areas of minerals as key building materials for investment and extraction; Areas of minerals as key building materials shall be limited by straight lines connecting corner points shown in a terrain map of national coordinate system;

dd) Determination of scale and capacity of extraction, technologies for extraction of minerals as key building materials;

e) Solutions, progress of planning and implementation;

k) Strategic environment assessment for each period of time;

3. Content of planning for survey, extraction and use of minerals as key building materials comprises:

a) Investigation, research, compilation and assessment of survey, extraction and use of minerals as normal building materials in localities;

b) Assessment of performance of previous planning;

c) Determination of local demands for minerals as normal building materials and satisfaction of demands in planning periods;

d) Zoning areas of minerals as normal building materials including scattered areas of minerals zoned for investment and extraction by the Ministry of Natural Resources and Environment; Areas of minerals as cement shall be limited by straight lines connecting corner points shown in a terrain map of national coordinate system;

dd) Determination of scale and capacity of extraction, technologies for extraction of minerals as normal building materials in localities;

e) Solutions, progress of planning and implementation;

g) Strategic environment assessment for each period of time;

Article 21. Documentation of planning for minerals as building materials

1. Documentation of planning for development of minerals as building materials submitted for appraisal comprises:

a) Main reports on the planning that comprises legal foundations, explanation, maps and annexes;

b) Summary reports on planning;

c) Related documents;

d) General reports on reception and explanation of suggestions from ministries, ministerial-level agencies, People’s committees of relevant provinces;

dd) Strategic environment assessment report;

e) Draft statement and decision on approval for the planning;

2. Documentation of planning for development of minerals as building materials submitted for approval comprises:

a) Documentation submitted for appraisal as stipulated in Clause 1, this Article;

b) Planning appraisal document;

c) Report on reception and explanation on the basis of planning appraisal document;

d) Statement and draft decision on approval for the planning;

3. Documentation of planning for development of minerals as building materials shall be stored and protected as prescribed;

Article 22. Responsibility for establishment of planning for minerals as building materials

1. The Ministry of Construction shall organize establishment of following planning:

a) Planning for survey, extraction and use of minerals as cement;

b) Planning for survey, extraction and use of minerals as key building materials:

2. People’s committees of provinces shall organize establishment of planning for survey, extraction and use of minerals as normal building materials; the Services of Construction shall preside over and help People’s committees of provinces to organize establishment of the planning.

3. Agencies that organize establishment of planning for survey, extraction and use of minerals as building materials may select any consultant that is qualified for the establishment of the planning as prescribed.

Article 23. Appraisal of planning for minerals as building materials

1. Authorities to carry out appraisal of planning for development of minerals as building materials:

a) The Ministry of Construction Planning shall carry out appraisal of planning for survey, extraction and use of minerals as cement, planning for survey, extraction and use of mineral as key building materials.

b) People’s committees of provinces shall carry out appraisal of planning for survey, extraction and use of minerals as normal building materials:

2. Agencies that carry out appraisal of planning for development of minerals as building materials shall establish the Board of Appraisal.

3. Composition of the Board of Appraisal:

a) For planning for survey, extraction and use of materials as cement; planning for survey, extraction and use of minerals as key building materials, the Board of Appraisal shall be composed of representatives from the Ministry of Construction, Natural Resources and Environment, Industry and Trade, Agriculture and Rural Development and other ministries, ministerial-level agencies, People’s committees of relevant provinces, qualified and experienced experts in minerals as building materials;

a) For planning for materials as normal building materials, the Board of Appraisal shall be composed of representatives from People’s committees of provinces; the Services of Construction, Natural Resources and Environment, Agriculture and Rural Development and other relevant departments, sectors and agencies; qualified and experienced experts in minerals as building materials;

Article 24. Content of appraisal of planning for minerals as building materials

1. Content of appraisal of planning for survey, extraction and use of minerals as cement comprises:

a) Legal foundations for establishment of planning;

b) Scientific foundations, reliability of information, figures and documents used for the establishment of planning;

c) Conformity of the planning with the country’s socio-economic development strategy, the strategy for minerals; consistency with master plan for development of building materials in Vietnam, planning for development of key building materials and planning for other relevant sectors;

d) Conformity with planning content;

dd) Determination of scale and capacity of extraction, requirements for technologies for extraction of minerals as cement;

e) Solutions to planning and implementation, feasibility of planning and measures for management and implementation of planning;

e) Conformity with environment protection strategy;

2. Content of appraisal of planning for survey, extraction and use of minerals as key building materials comprises:

a) Legal foundations for establishment of planning;

b) Scientific foundations, reliability of information, figures and documents used for the establishment of planning;

c) Conformity of the planning with the country’s socio-economic development strategy, the strategy for minerals; consistency with the master plan for development of building materials in Vietnam, planning for development of key building materials and planning for other relevant sectors;

d) Conformity with planning content;

dd) Determination of scale and capacity of extraction, requirements for technologies for extraction of minerals as key building materials;

e) Solutions to planning and implementation, feasibility of planning and measures for management and implementation of planning;

e) Conformity with environment protection strategy;

3. Content of appraisal of planning for survey, extraction and use of minerals as normal building materials comprises:

a) Legal foundations for establishment of planning;

b) Scientific foundations, reliability of information, figures and documents used for the establishment of planning;

c) Conformity of the planning with socio-economic development strategy in localities, the strategy for minerals; consistency with the planning for survey, extraction and use of minerals as cement; the planning for survey, extraction and use of minerals as key building materials; planning for development of building materials in localities and planning for other relevant sectors;

d) Conformity with planning content;

dd) Determination of scale and capacity of extraction, requirements for technologies for extraction of minerals as normal building materials;

e) Solutions to planning and implementation, feasibility of planning and measures for management and implementation of planning;

e) Conformity of the planning with environment protection strategy;

Article 25. Authorities to grant approval for planning for minerals as building materials

1. The Prime Minister shall grant approval for:

a) The planning for survey, extraction and use of minerals as cement;

b) The planning for survey, extraction and use of minerals as key building materials:

2. Presidents of People’s committees of provinces shall grant approval for the planning for survey, extraction and use of minerals as normal building materials:

3. Competent agencies that grant approval for the planning for minerals as building materials are the agencies that make adjustments to such planning.

Article 26. Public announcement of planning for minerals as building materials

1. The Ministry of Construction shall make public announcement of the planning for survey, extraction and use of minerals as cement; the planning for survey, extraction and use of minerals as key building materials on its portal.

2. People’s committees of provinces shall make public announcement of the planning for survey, extraction and use of minerals as normal building materials on the portals of People’s committees of respective provinces and the Services of Construction.

3. Within 30 days since the planning for survey, extraction and use of minerals as building materials is approved by competent state agencies, the planning agency shall be responsible for making public announcement of the planning.

Section 3. QUALIFICATIONS OF PLANNING CONSULTANCIES AND EXPENDITURES FOR PLANNING IN THE AREA OF BUILDING MATERIALS

Article 27. Qualifications of planning consultancies in building materials

1. Have functions of consulting establishment of planning for development of building materials, planning for minerals as building materials in conformity with tasks in charge according to laws.

2. Head of the planning project should meet following requirements:

a) Have obtained engineer’s degrees and over or equivalent;

b) Have had at least five years of experience in establishment of planning for development of building materials and planning for minerals as building materials;

c) Have participated in at least one master plan for development of building materials or master plan for minerals as building materials approved by the Prime Minister or the Minister of Construction; or participated in at least three master plans for development of building materials or master plans for minerals as building materials approved by presidents of People’s Committees of provinces;

Article 28. Expenditures for activities of planning in the area of building materials

1. Expenditures for activities of planning in the area of building materials include expenses for establishment of planning, appraisal of planning, public announcement and dissemination of planning;

2. Expenditures for activities of planning in the area of building materials shall be allocated by state budget. Establishment of cost estimates, payments and settlement of expenditures for activities of planning shall be carried out in accordance with the Law on State Budget.

3. The state encourages organizations and individuals at home and abroad to sponsor or subsidize activities of planning.

Chapter III

ACTIVITIES OF INVESTMENT, PRODUCTION OF BUILDING MATERIALS

Article 29. Requirements for projects on investment and production of building materials

1. Projects on investment and production of building materials should be in conformity with building material development planning approved by competent authorities and observe the legislation on construction investment.

2. Projects on investment and production of key building materials shall be equipped with advanced and modern technological equipment that meet requirements for raw material, fuel, energy loss rate and requirements for environment protection in accordance with the planning for development of key building materials approved by competent authorities.

3. For projects on investment and production of building materials, the investment registration agency shall ask for advice from the Ministry of Construction prior to making the submission to competent authorities for decisions on investment guidelines.

Article 30. Activities of processing and exporting minerals as building materials

1. Activities of processing minerals as building materials should observe provisions on minerals, environment, labor and other relevant laws.

2. Mineral processing facilities should be staffed with persons who have been trained and qualified for operation of technological equipment and product quality control; equipped with advanced and modern technological equipment in conformity with characteristics of each type of mineral.

3. The Ministry of Construction shall provide guidance on processing and exporting minerals as building materials.

Article 31. Rights and obligations of organizations and individuals involved in production of building materials

1. Rights:

a) Select technologies for mineral processing and production of building materials according to laws;

b) Select and make public announcement of quality standards for building materials produced;

c) Make decision on measures for internal control on product quality and environment protection according to standards and norms on quality and environment;

2. Obligations:

a) Make public announcement of applicable standards, declaration of conformity of building material products that require standard conformity and take responsibility for quality of products produced;

b) Comply fully and adequately with issues stated in the investment approval decision;

c) Comply fully and adequately with issues stated in the environmental impact assessment report, requirements of the approval decision on the environmental impact assessment report or issues stated in the commitment to environment protection and other provisions of the legislation on mineral, environmental protection;

d) Provide full information and instructions on use, transportation and storage of building materials;

dd) Stop production and take remedial measures for building material products failing to meet quality standards and likely to cause damage to traders and users; pay compensation for damage caused by use of poor-quality products;

e) Comply with provisions on investigation, inspection, reporting regime issued by competent state agencies;

g) Provide full information on activities of production, environment quality to state administration agencies according to laws;

Article 32. Regulations on use of white asbestos from serpentine family (herein ‘asbestos’) in production of building materials

1. Regulations on building material production facilities using asbestos as raw materials for production of building materials:

a) Only use asbestos of clear origins for production of building materials;

b) Ensure levels of asbestos fiber in the production area does not exceed 0.1 fiber/ml of air averaged over an eight-hour period and not exceed 0.5 fibers/ml of air averaged over an one-hour period;

c) Keep packages of asbestos from breaking leading to scattering during transpiration;

d) Do not use asbestos as stuffing, choking and insulting materials in constructions when they are not mixed with binders to ensure no dispersion of asbestos fibers into the air;

dd) Propose plans for treatment of scrap, materials, dust, water discharged from production for reuse or handling in accordance with regulations on safety;

e) Comply with approved investment decision, environmental impact assessment report, regulations on labor safety and environment protection;

g) Organize monitoring of water and air environment in production facilities every three months;

h) Workers directly involved in production should be equipped with labor protective gear as prescribed;

i) Send officers, workers, and employees in the unit for regular check-ups, having X-ray as stipulated by the Ministry of Health; check-up results shall be stored in medical facilities and production facilities;

2. Regulations on controlled use of building materials using asbestos as raw materials:

a) Use building materials using asbestos as raw materials only when they are granted certificates of conformity;

b) Take necessary measures to control generation of asbestos dust while sawing, cutting, sharpening, and chiseling building materials containing asbestos;

c) Establish plans for environment protection in advance of carrying out demolition, repair and renovation of construction works or industrial equipment with respect to building materials containing asbestos;

d) Collect and transport into designated place scrap from building materials containing asbestos; such scrap should not be used as raw materials for road pavement;

Chapter IV

BUILDING MATERIAL QUALITY AND TRADING MANAGEMENT

Article 33. Requirements for quality of building material goods and products

Quality of building material goods and products should be in conformity with regulations on quality of goods and products and meet following requirements:

1. Domestically produced building material goods, products should meet following requirements prior to being launched in the market:

b) Goods and products should meet published standards;

b) Building material goods and products that conform with technical regulations should meet quality under such technical regulations, obtain certificate of conformity and declaration of conformity;

c) For any building material goods and product that is yet to be granted national standards, the producer thereto shall be responsible for publishing base standards; application of international, regional standards as base standards is encouraged.

d) For any building material goods and product for which labeling is required, such labels should describe full information according to regulations of the law on labeling of goods;

dd) Building material goods and products that have been granted certificate of conformity and declaration of conformity should conform with technical standards and regulations, technical-regulation conformity marks.

2. For imported building material goods and products, applied standards should be declared; building material goods and products administered under national technical regulations should conform with respective national technical regulations.

3. Building material goods and products used for construction works should meet safety requirements, technical standards, regulations and designs;

Article 34. Requirements for trading in building materials

Activities of trading in building materials should conform with regulations of the law on commerce and meet following requirements:

1. Shops, outlets or supermarkets trading in building materials should meet requirements for storage area.

2. For building materials that are highly flammable, smelly, having hazardous chemicals and dirt, fire control means and equipment, safety signs should be made available and set up in trading areas.

3. For building materials being damaged, reduced in quality during transportation, storage and trading, relevant organizations and individuals shall be responsible for recovery and treatment.

Article 35. Rights and obligations of organizations and individuals trading in building materials

1. Rights:

a) Have all the rights of a trader according to the Law on Commerce;

b) Make decisions on internal quality control measures for building materials;

2. Obligations:

a) Comply with requirements for trading in building materials according to the Law on Commerce;

b) Pay compensation for damage caused by supply of poor-quality building material goods and products affecting quality of construction works;

c) Organize and control transportation and storage of building materials to maintain quality;

d) Provide to purchasers full information and documents on quality, requirements for transportation and storage of building material goods and products;

dd) Provide in a timely manner to purchasers full information and handling measures when building materials goods and products fail to meet quality standards as prescribed by producers, importers and distributers;

e) Comply with provisions on investigation, inspection, reporting regime issued by competent state agencies;

g) Declare a list of prices as prescribed;

Article 36. Importation, exportation of building materials

1. Organizations and individuals as building materials exporters (herein ‘the exporters’) are required to:

a) Ensure quality of building materials conform with commercial agreement;

b) Comply with requirements for quality of exported building materials as stipulated in the International Agreement of which Vietnam is a signatory;

c) The exporters should fulfill obligations for the building materials re-imported for domestic use according to regulations on building materials importers;

d) Be subject to state agencies’ administration, make annual or irregular reports to the Services of Construction of relevant municipalities and provinces where the importer makes its operation registration for compilation and making reports to the Ministry of Construction on the exportation of key building material goods and products;

2. Organizations and individuals as building materials importers (herein ‘the importers’) are required to:

a) Take responsibility for quality of imported building materials goods and products;

b) Organize and control transportation and storage of building materials to maintain product quality and meet requirements for environmental protection;

c) Re-export any building materials failing to meet technical standards and applied standards (herein ‘non-conforming products’);

d) For non-conforming products that cannot be re-exported or recycled, the importers should carry out destruction within a specified period of time and incur all expenses for the destruction and pay compensation for damages caused to relevant parties;

dd) Provide to traders and users all information and documents on quality, requirements for transportation and storage of building materials products;

e) Comply with provisions on investigation, inspection, reporting regime issued by competent state agencies;

Chapter V

POLICIES ON BUILDING MATERIAL DEVELOPMENT, SAVINGS ON NATURAL RESOURCES OF MINERALS AND ENERGY, AND ENVIRONMENTAL FRIENDLINESS

Article 37. General policies on building material development, savings on natural resources of minerals and energy, and environmental friendliness

1. The state shall encourage and create favorable conditions for organizations and individuals to carry out research and development, application of science and technology to investment and production of building materials, savings on natural resources of minerals and energy, and environmental friendliness.

2. These organizations and individuals shall receive investment incentives and subsidies from the state.

3. The state shall limit and gradually remove all dated production facilities that consume too much energy and are likely to cause environmental pollution.

4. The Ministry of Construction shall provide guidance on use of building materials, savings on natural resources of minerals and energy, and environmental friendliness in construction works.

Article 38. Types of projects on research and development, investment and production of building materials, savings on natural resources of minerals and energy, and environmental friendliness eligible for investment incentives and subsidies from the state

1. Projects on scientific and technological research and development of building materials, savings on natural resources of minerals and energy, and environmental friendliness;

2. Projects on new constructions, expansion of production of unbaked building materials meeting following capacities:

a) Projects on production of unbaked building materials of light weight (mass per unit volume no more than 1,000 kg/m3) with capacity for a production line from 50,000 m3/year and over;

- Projects on production of concrete bricks (Cement-aggregate bricks) with capacity for a production line from 10 million standard bricks/year and over;

3. Investment projects on processing and using wastes from thermo-power plants, chemical fertilizer plants and metallurgical plants as building materials meeting following capacities:

a) Projects on processing and using ash, slag with capacity from 100,000 tonnes/year and over;

a) Projects on processing and using gypsum with capacity from 50,000 tonnes/year and over;

4. Investment projects on utilization of exhaust from cement production for power generation;

5. Projects on processing and using domestic waste as fuel for production of building materials with capacity from 200 tonnes/day and over;

6. Projects on investment and production of other building materials of natural resources and energy saving, environmentally friendly features and outperforming other categories of building materials of the same type;

The Ministry of Construction shall preside over and cooperate with the Ministry of Science and Technology in appraising and submitting projects eligible for incentives and subsidies from the state to the Prime Minister for approval.

Article 39. Policies on incentives and subsidies

1. Projects on scientific and technological research as prescribed in Clause 1, Article 38 hereof shall be eligible for:

a) Tax incentives as prescribed in Articles 64 and 65 of the Law on Scientific and Technological in 2013;

b) Other related incentives and subsidies;

2. Investment projects as prescribed in Clauses 2, 3 and 6, Article 38 hereof shall be eligible for:

a) Investment incentives as prescribed in Article 1, Article 15 and investment subsidies as prescribed in Clause 1, Article 19 of the Law on Investment in 2014;

b) Subsidies on technology transfer for investment projects with transfer costs as prescribed in the Law on Technology Transfers in 2006;

c) Other related incentives and subsidies;

3. Investment projects as prescribed in Clause 4, Article 38 hereof shall be eligible for investment incentives and subsidies in the same way as projects on development of renewable energy as prescribed in the Law on Economical and Efficient Use of Energy in 2010;

4. Investment projects as prescribed in Clauses 5, Article 38 hereof shall be eligible for:

a) Incentives as prescribed in Clause 2, this Article;

b) Further subsidy which is at least equal to the costs for treatment of local domestic waste issued to waste treatment or disposal facilities from local budgets;

Article 40. General requirements for use of wastes in production of building materials

1. For building material production facilities that process and use wastes as raw materials and fuel for production:

a) Investment and operation of such facilities should conform with regulations on construction and environment;

b) There should be adequate transportation and storage facilities that meet technical requirements for waste storage;

c) Building materials manufactured from use of raw materials as wastes should meet standards on health and environment protection;

d) Building materials manufactured from use of wastes as raw materials and fuel should meet technical standards and regulations;

2. Owners of facilities that use ash, slag, gypsum from thermo-power plants, chemical fertilizer plants, metallurgical plants:

a) Comply with regulations on environment and other regulations issued by competent state agencies on treatment of wastes in the form of ash, slag and gypsum;

b) Perform classification and preliminary treatment of ash, slag and gypsum to ensure they meet technical regulations and standards on raw materials used for production of building materials;

Chapter VI

IMPLEMENTATION

Article 41. Responsibility of the Ministry of Construction

1. Formulate and promulgate legislative documents on building materials within competence or make the submission to competent authorities for promulgation; formulate planning for development of building materials, planning for minerals as building materials; programs, projects on building material development, savings on natural resources of minerals and energy, and environmental friendliness; instruct and organize implementation of legislative documents, planning, programs and projects approved by competent authorities;

2. Promulgate the lists of building material goods and products of Group II and respective national technical regulations as tasked by the Government;

3. Select and publish the lists of organizations and individuals qualified to carry out assessment of conformity of building material goods and products as prescribed in the Law on Product and Goods Quality;

4. Provide guidance on implementation of the law on incentives or restrictions on investment, production, trading and use of building materials;

5. Provide guidance on appraisal and assessment of production technologies, quality of building material goods and products; processing technologies, quality of mineral as building materials;

6. Preside over and cooperate with relevant ministries, departments and localities (in case of need) in conducting inspection, investigation and handling of violations in the area of building materials across the country.

7. Other tasks in the area of building materials as prescribed hereof and relevant legislative documents;

Article 42. Responsibility of ministries and ministerial-level agencies

1. Formulate and promulgate specific policies on development of building materials within competence or make the submission to competent authorities for promulgation;

2. Cooperate with the Ministry of Construction in performing state administration tasks, conducting inspection, investigation and handling of violations in the area of building materials;

Article 43. Responsibility of People’s Committees of central-affiliated cities and provinces

1. Organize implementation of legislative documents and state administration on building materials in the administrative divisions within competence;

2. Manage quality of building material goods and products in localities according to laws;

3. Monitor and make statistical reports on local activities in the area of building materials;

4. Carry out propaganda, dissemination, and instruction on laws, provide information on local activities in the area of building materials;

5. Organize inspection and investigation into activities in the area of building materials in administrative divisions of central-affiliated cities and provinces; The Inspectorate affiliated to the Service of Construction shall be responsible for performing investigation into activities in the area of building materials in administrative divisions of central-affiliated cities and provinces.

6. Make annual or irregular reports to the Ministry of Construction on local activities in the area of building materials;

7. Other duties concerning building materials quality management according to laws;

Article 44. Transitional provisions

1. Any planning for building material development and planning for minerals as building materials that were approved prior to the effective date of this Decree shall remain in force until the planning is adjusted or superseded.

2. Investment projects in the area of building materials that were approved prior to the effective date of this Decree shall not have to undergo re-approval process. Any activity that remains undone shall be implemented under this Decree.

3. If incentives as provided for under this Decree are found more beneficial than those currently enjoyed by an investor, such investor shall be eligible for the incentives provided for under this Decree for the rest of the project.

If incentives as provided for under this Decree are found less beneficial than those currently enjoyed by an investor, such investor shall continue to be eligible for the incentives as previously regulated for the rest of the project.

Article 45. Effect

1. This Decree takes effect since May 26, 2016 and supersedes the Government’s Decree No. 124/2007/ND-CP dated July 31, 2007 on building material management.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People’s committees of municipalities and provinces and relevant organizations and individuals shall be responsible for executing this Decree./.

 

 

PP THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 


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