Circular No. 40/2009/TT-BXD dated December 09, 2009 of the Ministry of Construction on application of foreign construction standards to construction activities in Vietnam

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Issuing body:	Ministry of Construction	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	40/2009/TT-BXD	Signer:	Cao Lai Quang
Type:	Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	09/12/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Construction, Science - Technology

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THE MINISTRY OF CONSTRUCTION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 40/2009/TT-BXD	Hanoi, December 09, 2009

CIRCULAR

ON APPLICATION OF FOREIGN CONSTRUCTION STANDARDS TO CONSTRUCTION ACTIVITIES IN VIETNAM

THE MINISTRY OF CONSTRUCTION

Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to June 29, 2006 Law No. 68/2006/QH11 on Standards and Technical Regulations;
Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of construction works;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations;
Pursuant to the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on management of work construction investment projects,
The Ministry of Construction provides for the application of foreign construction standards to construction activities in Vietnam as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the application of construction standards of other countries standards of other countries, international organizations and regional standardization organizations (below collectively referred to as foreign standards) to construction activities in Vietnam.

Article 2. Subjects of application

Domestic and foreign organizations and individuals, when applying foreign standards to construction activities in Vietnam, shall comply with this Circular.

Article 3. Principles for application of foreign construction standards

1. Foreign construction standards shall be applied to construction activities on a voluntary basis.

2. To ensure synchronism and feasibility of the system of standards applicable in the entire construction process, from survey, designing, production and manufacture, to construction and take-over test of works.

3. To meet the requirements of national technical regulations in the construction and other related fields under law. In case national technical regulations are not available yet, foreign construction standards must satisfy the requirements defined in compulsory national standards established by ministries and branches.

Article 4. State management of the application of foreign construction standards

The Ministry of Construction shall uniformly manage the application of foreign construction standards to construction activities. The ministries managing specialized construction works shall coordinate with the Ministry of Construction in managing the application of foreign standards to specialized construction works.

Chapter II

CONDITIONS AND COMPETENCE FOR APPROVAL OF APPLICATION OF FOREIGN CONSTRUCTION STANDARDS

Article 5. Conditions for application of foreign construction standards

To be selected and applied to construction activities in Vietnam, foreign construction standards must meet the following conditions:

1. To adhere to the principles specified in Article 3;

2. To be construction standards of other countries, international organizations and regional standardization organizations;

3. To be considered, selected and approved by investment deciders prior to the compilation of basic design dossiers of work construction investment projects.

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Circular No. 40/2009/TT-BXD dated December 09, 2009 of the Ministry of Construction on application of foreign construction standards to construction activities in Vietnam

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