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.

Chapter I

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.

3. “building component” refers to a building material product which is manufactured to be assembled into a structure of a work.

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.

2. The abovementioned organizations and individuals shall receive investment incentives and assistance from the State in accordance with regulations of law on investment and law on science and technology, and other relevant laws.

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.

Chapter III

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.

4. Other requirements concerning hygiene, occupational safety and environmental protection shall be complied with.

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.

Article 10. Requirements concerning quality of products and goods of building materials and building components

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.

4. People’s Committees of provinces and central-affiliated cities shall perform state management of activities in the building material sector within their provinces.

Article 12. Responsibilities of the Ministry of Construction

The Ministry of Construction has the responsibility to:

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.

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

People’s Committees of provinces and central-affiliated cities have the responsibility to:

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

1. This Decree comes into force from the date on which it is signed for promulgation and supersedes the Government’s Decree No. 24a/2016/ND-CP dated April 05, 2016 and Government's Decree No. 95/2019/ND-CP dated December 16, 2019.

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./.

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